ddrg/super_eurlex huggingface dataset:
EN Official Journal of the European Union L 336/62

COMMISSION DECISION

of 20 December 2010

amending Decision 2005/1/EC authorising methods for grading pig carcases in the Czech Republic as regards the presentation of such carcases

(notified under document C(2010) 9187)

(Only the Czech text is authentic)

(2010/793/EU)

THE EUROPEAN COMMISSION,

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

Having regard to Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) (1), and in particular Article 43(m), in conjunction with Article 4 thereof,

Whereas:

(1) By Commission Decision 2005/1/EC (2), the use of six methods for grading pig carcases was authorised in the Czech Republic.

(2) On 23 February 2010, the Czech Republic requested the Commission to be authorised to provide for a presentation of pig carcases different from the standard presentation defined in the first paragraph of point B.III of Annex V to Regulation (EC) No 1234/2007.

(3) In accordance with the second paragraph of point B.III of Annex V to Regulation (EC) No 1234/2007, Member States may be authorised to provide for a presentation of pig carcases different from the standard presentation defined in the first paragraph of that point, where normal commercial practice in their territory differs from that standard presentation. In its request, the Czech Republic specified that in its territory it is commercial practice that carcases can be presented without the flare fat being removed. This presentation that differs from the standard presentation should therefore be authorised in the Czech Republic.

(4) In order to establish quotations for pig carcases on a comparable basis, this different presentation should be taken into account by adjusting the weight recorded in such cases in relation to the weight for standard presentation.

(5) Decision 2005/1/EC should therefore be amended accordingly.

(6) The measures provided for in this Decision are in accordance with the opinion of the Management Committee for the Common Organisation of Agricultural Markets,

HAS ADOPTED THIS DECISION:

Article 1

In Decision 2005/1/EC the following Article 1a is inserted:

‘Article 1a Notwithstanding the standard presentation laid down in the first paragraph of point B.III of Annex V to Regulation (EC) No 1234/2007, pig carcases in the Czech Republic may be presented without the flare fat having been removed before being weighed and graded. In the case of such presentation the recorded hot carcase weight shall be adjusted in accordance with the following formula: hot carcase weight = 1,65651 + 0,96139 × weight of the hot carcase with the flare fat.’.

Article 2

This Decision is addressed to the Czech Republic.

Done at Brussels, 20 December 2010. For the Commission Dacian CIOLOŞ Member of the Commission

(1) OJ L 299, 16.11.2007, p. 1.

(2) OJ L 1, 4.1.2005, p. 8.
EN Official Journal of the European Union L 36/27

COMMISSION DECISION

of 2 February 2010

on the clearance of the accounts of the paying agencies of Malta concerning expenditure in the field of rural development measures financed by the European Agricultural Guarantee Fund (EAGF) for the 2008 financial year

(notified under document C(2010) 468)

(Only the Maltese text is authentic)

(2010/68/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 39 thereof,

After consulting the Committee on the Agricultural Funds,

Whereas:

(1) Commission Decision 2009/366/EC (2) cleared, for the 2008 financial year, the accounts of all the paying agencies except for the Maltese paying agency ‘MRRA’.

(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 Maltese paying agency ‘MRRA’.

(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 Maltese paying agency ‘MRRA’ concerning expenditure in the field of rural development measures financed by the European Agricultural Guarantee Fund (EAGF), in respect of the 2008 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 Malta are set out in Annex I and Annex II.

Article 2

This Decision is addressed to the Republic of Malta.

Done at Brussels, 2 February 2010. For the Commission Mariann FISCHER BOEL Member of the Commission

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

(2) OJ L 111, 5.5.2009, p. 35.

ANNEX I Clearance of the Paying Agencies' accounts Financial year 2008 — EAGF Rural Development Expenditure in New Member States Amount to be recovered from or paid to the Member State MS 2008 — 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 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 MT EUR 2 241 670,14 0,00 2 241 670,14 0,00 2 241 670,14 2 241 670,14 0,00
EN Official Journal of the European Union L 50/18

COUNCIL DECISION

of 25 February 2010

relating to the operating rules of the panel provided for in Article 255 of the Treaty on the Functioning of the European Union

(2010/124/EU)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular the second paragraph of Article 255 thereof,

Having regard to the initiative by the President of the Court of Justice on 11 January 2010,

Whereas:

(1) The Judges and Advocates-General of the Court of Justice and the General Court are appointed by common accord of the governments of the Member States, after consultation of a panel set up in order to give an opinion on candidates' suitability to perform the duties of Judge and Advocate-General. The panel comprises seven persons chosen from among former members of the Court of Justice and the General Court, members of national supreme courts and lawyers of recognised competence, one of whom is proposed by the European Parliament.

(2) The operating rules of that panel therefore need to be established,

HAS ADOPTED THIS DECISION:

Article 1

The operating rules of the panel provided for in Article 255 of the Treaty on the Functioning of the European Union are set out in the Annex to this Decision.

Article 2

This Decision shall enter into force on 1 March 2010.

Article 3

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

Done at Brussels, 25 February 2010. For the Council The President A. PÉREZ RUBALCABA
EN Official Journal of the European Union L 41/6

COUNCIL DECISION 2010/92/CFSP

of 15 February 2010

extending restrictive measures against Zimbabwe

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union, and in particular Article 29 thereof,

Whereas:

(1) On 19 February 2004, the Council adopted Common Position 2004/161/CFSP renewing restrictive measures against Zimbabwe (1).

(2) Council Common Position 2009/68/CFSP (2), adopted on 26 January 2009, extended Common Position 2004/161/CFSP until 20 February 2010.

(3) In view of the situation in Zimbabwe, in particular the lack of progress in the implementation of the Global Political Agreement signed in September 2008, the restrictive measures provided for in Common Position 2004/161/CFSP should be extended for a further period of 12 months.

(4) However, there are no longer grounds for keeping certain persons and entities on the list of persons, entities and bodies to which Common Position 2004/161/CFSP applies. The list set out in the Annex to Common Position 2004/161/CFSP should be amended accordingly,

HAS ADOPTED THIS DECISION:

Article 1

The restrictive measures provided for in Common Position 2004/161/CFSP are hereby extended until 20 February 2011.

Article 2

The persons and entities mentioned in the Annex to this Decision shall be removed from the list set out in the Annex to Common Position 2004/161/CFSP.

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 February 2010. For the Council The President Á. GABILONDO

(1) OJ L 50, 20.2.2004, p. 66.

(2) OJ L 23, 27.1.2009, p. 43.
EN Official Journal of the European Union L 166/16

COUNCIL DECISION

of 24 June 2010

on the conclusion of the Agreement between the European Community and the Council of Ministers of the Republic of Albania on certain aspects of air services

(2010/364/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 the Republic of Albania 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 2006/716/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 the Republic of Albania 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 the Council of Ministers of the Republic of Albania 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 294, 25.10.2006, p. 51.

(2) The Agreement between the European Community and the Council of Ministers of the Republic of Albania on certain aspects of air services has been published in OJ L 294, 25.10.2006, p. 52 together with the decision on signature.
(8)

In accordance with Article 1 of Protocol No 13 on the convergence criteria (the Protocol) the criterion on price stability referred to in the first indent of Article 140(1) of the Treaty means that a Member State has a price performance that is sustainable and an average rate of inflation, observed over a period of one year before the examination, that does not exceed by more than one and a half percentage points that of, at most, the three best performing Member States in terms of price stability. For the purpose of the criterion on price stability, inflation is measured by the harmonised indices of consumer prices (HICPs) defined in Council Regulation (EC) No 2494/95 of 23 October 1995 concerning harmonised indices of consumer prices (9). In order to assess the price stability criterion a Member State’s inflation has been measured by the percentage change in the arithmetic average of 12 monthly indices relative to the arithmetic average of 12 monthly indices of the previous period. A reference value calculated as the simple arithmetic average of the inflation rates of the three best-performing Member States in terms of price stability plus 1,5 percentage points was considered in the reports of the Commission and the ECB. In the one-year period ending in March 2010, the inflation reference value was calculated to be 1 percent, with Portugal, Estonia and Belgium as the three best-performing Member States in terms of price stability, with inflation rates of, respectively – 0,8 percent, – 0,7 percent and – 0,1 percent. In the current economic circumstances characterised by a large common adverse shock, where a significant number of countries face episodes of negative inflation rates, it seems warranted to exclude from the best performers those countries whose average inflation rate is distant from the euro area average inflation (0,3 % in March 2010) by a wide margin — in line with the precedent of the 2004 Convergence Report —, as these outliers cannot reasonably be judged as being best performers in terms of price stability and including them would severely affect the reference value and thus the fairness of the criterion. In March 2010, this leads to the exclusion of Ireland, the only country whose 12-month average inflation rate (at – 2,3 % in March 2010) deviated by a wide margin from that of the euro area and other Member States, mainly reflecting the severe economic downturn.
EN Official Journal of the European Union L 213/48

COMMISSION DECISION

of 3 August 2010

establishing guidelines concerning the conditions of inspections and control measures, and on the training and qualification of officials, in the field of human tissues and cells provided for in Directive 2004/23/EC of the European Parliament and of the Council

(notified under document C(2010) 5278)

(Text with EEA relevance)

(2010/453/EU)

THE EUROPEAN COMMISSION,

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

Having regard to Directive 2004/23/EC of the European Parliament and of the Council of 31 March 2004 on setting standards of quality and safety for the donation, procurement, testing, processing, preservation, storage and distribution of human tissues and cells (1), and in particular Article 7(5) thereof,

Whereas:

(1) Directive 2004/23/EC lays down standards of quality and safety for the donation, procurement, testing, processing, preservation, storage and distribution of human tissues and cells intended for human applications and of manufactured products derived from human tissues and cells intended for human applications only as far as donation, procurement and testing are concerned, so as to ensure a high level of human health protection.

(2) In order to prevent the transmission of diseases by human tissues and cells for human applications and to ensure an equivalent level of quality and safety, Article 7 of Directive 2004/23/EC provides that competent authorities of the Member States shall organise inspections and shall carry out appropriate control measures in order to ensure compliance with the requirements of this Directive.

(3) Article 7(5) of Directive 2004/23/EC provides that the Commission shall establish guidelines concerning the conditions of the inspections and control measures, and on the training and qualification of the officials involved in order to reach a consistent level of competence and performance. The guidelines are not legally binding but serve to provide useful guidance to the Member States in the implementation of Article 7 of Directive 2004/23/EC.

(4) The Commission should review and update the guidelines set out in the Annex to this Decision on the basis of the reports transmitted by the Member States to the Commission in accordance with Article 26(1) of Directive 2004/23/EC.

(5) The measures provided for in this Decision are in accordance with the opinion of the Committee set up by Article 29 of Directive 2004/23/EC,

HAS ADOPTED THIS DECISION:

Article 1

The guidelines concerning the conditions of the inspections and control measures, and on the training and qualification of officials, in the field of human tissues and cells provided for in Article 7(5) of Directive 2004/23/EC are set out in the Annex to this Decision.

Article 2

This Decision is addressed to the Member States.

Done at Brussels, 3 August 2010. For the Commission John DALLI Member of the Commission

(1) OJ L 102, 7.4.2004, p. 48.
Official Journal of the European Union

COUNCIL DECISION 2010/619/CFSP

of 15 October 2010

amending Joint Action 2008/124/CFSP on the European Union Rule of Law Mission in Kosovo (1), EULEX KOSOVO

THE COUNCIL OF THE EUROPEAN UNION,

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

Whereas:

On 9 June 2009, the Council adopted Joint Action 2009/445/CFSP (3) , which amended Joint Action 2008/124/CFSP by increasing the financial reference amount to cover the expenditure of the European Union Rule of Law Mission in Kosovo (hereinafter ‘EULEX KOSOVO’) until the expiry of Joint Action 2008/124/CFSP.

On 8 June 2010, the Council adopted Decision 2010/322/CFSP (4) , which amended and extended Joint Action 2008/124/CFSP for a period of two years until 14 June 2012, and laid down the financial reference amount of EUR 265 000 000 until 14 October 2010.

EULEX KOSOVO will be conducted in the context of a situation which may deteriorate and could harm the objectives of the common foreign and security policy as set out in Article 21 of the Treaty.

Joint Action 2008/124/CFSP should be amended to provide a new financial reference amount until 14 October 2011,

HAS ADOPTED THIS DECISION:

Article 1

Article 16(1) of Joint Action 2008/124/CFSP is hereby replaced by the following:

‘1. The financial reference amount intended to cover the expenditure of EULEX KOSOVO until 14 October 2010 shall be EUR 265 000 000.

The financial reference amount intended to cover the expenditure of EULEX KOSOVO until 14 October 2011 shall be EUR 165 000 000.

The financial reference amount for the subsequent period for EULEX KOSOVO shall be decided by the Council.’.
EN Official Journal of the European Union L 294/9

COUNCIL DECISION

of 8 November 2010

on the signing, on behalf of the European Union, of the Agreement between the European Union and Georgia on the readmission of persons residing without authorisation

(2010/687/EU)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 79(3), in conjunction with Article 218(5), thereof,

Having regard to the proposal from the European Commission,

Whereas:

(1) On 27 November 2008 the Council authorised the Commission to open negotiations with Georgia on the readmission of persons residing without authorisation. The negotiations were successfully concluded and the Agreement between the European Union and Georgia on the readmission of persons residing without authorisation (‘Agreement’) was initialled on 19 October 2010.

(2) The Agreement should be signed, on behalf of the Union, subject to its conclusion.

(3) In accordance with Article 3 of Protocol (No 21) on the position of the United Kingdom and Ireland in respect of the Area of Freedom, Security and Justice, annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, the United Kingdom has notified its wish to take part in the adoption and application of this Decision.

(4) In accordance with Articles 1 and 2 of Protocol (No 21) on the position of the United Kingdom and Ireland in respect of the Area of Freedom, Security and Justice, annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, and without prejudice to Article 4 of that Protocol, Ireland is not taking part in the adoption of this Decision and is not bound by it or subject to its application.

(5) In accordance with Articles 1 and 2 of Protocol (No 22) on the position of Denmark, annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, Denmark is not taking part in the adoption of this Decision and is not bound by it or subject to its application,

HAS ADOPTED THIS DECISION:

Article 1

The signing of the Agreement between the European Union and Georgia on the readmission of persons residing without authorisation is hereby approved, on behalf of the Union, subject to the conclusion of the said Agreement (1).

Article 2

The President of the Council is hereby authorised to designate the person(s) empowered to sign the Agreement on behalf of the Union.

Article 3

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

Done at Brussels, 8 November 2010. For the Council The President M. WATHELET

(1) The text of the Agreement will be published together with the decision on its conclusion.