ddrg/super_eurlex huggingface dataset:
EN Official Journal of the European Union L 298/22

COUNCIL DECISION

of 13 September 2004

amending Regulation (EC) No 998/2003 of the European Parliament and of the Council on the animal health requirements applicable to the non-commercial movement of pet animals to take account of the accession of Malta

(Text with EEA relevance)

(2004/650/EC)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community,

Having regard to the 2003 Act of Accession (1), and in particular, Article 57 thereof,

Whereas:

(1) For certain acts adopted by the European Union, which remain valid beyond 1 May 2004, and require adaptation by reason of accession, the necessary adaptations were not provided for in the 2003 Act of Accession, in particular in Annex II thereto.

(2) Regulation (EC) No 998/2003 of the European Parliament and of the Council (2) establishes veterinary conditions applying in particular to non-commercial movements of pet dogs, cats and ferrets, and is one of these acts that must be adapted.

(3) Malta, which formerly applied a system of six months quarantine for imports for the species concerned, has abandoned this regime in order to transpose and implement Regulation (EC) No 998/2003 as from 3 July 2004.

(4) In the course of the negotiations for enlargement it was accepted that Malta, being an island with a similar health status for freedom from rabies to that of Ireland, the United Kingdom and Sweden, should be treated in the same category as these three Member States.

(5) Regulation (EC) No 998/2003 divides Member States into two categories according to the history of their controls against rabies, and grants Sweden, Ireland and the United Kingdom a transitional period of five years for controls on dogs, cats and ferrets entering their territory.

(6) Malta should therefore be added to the list of Member States which have been granted a transitional period under Regulation (EC) No 998/2003.

(7) Regulation (EC) No 998/2003 should therefore be amended accordingly,

HAS ADOPTED THIS DECISION:

Article 1

Regulation (EC) No 998/2003 is hereby amended as follows:

1. Article 6(1): — in the first subparagraph, introductory wording, ‘Malta’ shall be inserted after ‘Ireland’, — in the third subparagraph, ‘these three Member States’ shall be replaced by ‘these four Member States’.

2. In Annex II, ‘Lists of countries and territories’, Part A, ‘Malta’ shall be inserted after ‘Ireland’.

Article 2

This Decision shall apply from the twentieth day following that of its publication in the Official Journal of the European Union.

Article 3

This Decision is addressed to the Member States.

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

(1) OJ L 236, 23.9.2003, p. 33.

(2) OJ L 146, 13.6.2003, p. 1. Regulation as last amended by Commission Regulation (EC) No 592/2004 (OJ L 94, 31.3.2004, p. 7).
EN Official Journal of the European Union L 341/24

COUNCIL DECISION

of 26 July 2004

appointing a German member and a German alternate member of the Committee of the Regions

(2004/769/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 German Government,

Whereas:

(1) On 22 January 2002 the Council adopted Decision 2002/60/EC appointing the members and alternate members of the Committee of the Regions (1).

(2) A seat as a member of the Committee of the Regions has become vacant following the resignation of Mr Axel ENDLEIN, notified to the Council on 7 July 2004, and a seat as an alternate member of the Committee of the Regions has become vacant following the nomination of Mr Peter WINTER to be a full member,

HAS DECIDED AS FOLLOWS:

Sole Article

(a) Mr Peter WINTER, Landrat Kreis Saarlouis, is hereby appointed a member in place of Mr Axel ENDLEIN;

(b) Mr Helmut JAHN, Landrat, is hereby appointed an alternate member in place of Mr Peter WINTER,

for the remainder of their term of office, which runs until 25 January 2006.

Done at Brussels, 26 July 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 367/29

POLITICAL AND SECURITY COMMITTEE DECISION PROXIMA/2/2004

of 30 November 2004

concerning the appointment of the Head of Mission of the EU Police Mission in the former Yugoslav Republic of Macedonia, EUPOL Proxima

(2004/846/EC)

THE POLITICAL AND SECURITY COMMITTEE,

Having regard to the Treaty on European Union and in particular Article 25(3) thereof,

Having regard to Council Joint Action 2004/789/CFSP of 22 November 2004 on the extension of the European Union Police Mission in the former Yugoslav Republic of Macedonia (EUPOL Proxima), and in particular Article 8(1) thereof,

Whereas:

(1) Article 8(1) of Joint Action 2004/789/CFSP provides that the Council authorises the Political and Security Committee to take the relevant decisions in accordance with Article 25 of the TEU, including the powers to appoint, upon a proposal by the Secretary General/High Representative, a Head of Mission.

(2) The Secretary General/High Representative has proposed the appointment of Mr Jürgen SCHOLZ,

HAS DECIDED AS FOLLOWS:

Article 1

Mr Jürgen SCHOLZ is hereby appointed Head of Mission of the European Union Police Mission in the former Yugoslav Republic of Macedonia (EUPOL Proxima) from 15 December 2004.

Article 2

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

It shall apply until 14 December 2005.
Commission Decision

of 23 December 2003

on the continuation in the year 2004 of Community comparative trials and tests on propagating and planting material of Prunus domestica under Council Directive 92/34/EEC started in 2003

(2004/58/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Directive 92/34/EEC of 28 April 1992 on the marketing of fruit plant propagating material and fruit plants, intended for fruit production(1),

Having regard to Commission Decision 2002/745/EC of 5 September 2002 setting out the arrangements for Community comparative trials and tests on propagating and planting material of fruit plants under Council directive 92/34/EEC(2), and in particular Article 3 thereof,

Whereas:

(1) Decision 2002/745/EC sets out the arrangements for the comparative trials and tests to be carried out under Directive 92/34/EEC as regards Prunus domestica from 2003 to 2007.

(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 and planting material of Prunus domestica shall be continued in 2004 in accordance with Decision 2002/745/EC.

Done at Brussels, 23 December 2003.

For the Commission

David Byrne

Member of the Commission

(1) OJ L 157, 10.6.1992, p. 10. 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. 65.
30.4.20 04 Official Journal of the European Union L 144/59 EN 
COMMISS ION DEC ISION 
of 28 April 2004 
on the financial contribution by the Communi ty towards the World Organisation for 
Animal Health f or the OIE mediated process in 2004 
(Text with EEA relevance) 
(2004/386/EC) 
THE COMM ISSIO N OF THE EU ROPEAN  COMMU NITIES, 
Having regard to the Treaty establi shing the European Communi ty, 
Having regard to Council Decision 90/424/EEC of 26 June 1990 on expenditure in the 
veterinary field1, and in particul ar Article 20 thereof, 
Whereas: 
(1) Pursuant to Decisio n 90/424/ EEC the Comm unity is to underta ke or assist the Mem ber 
States in undertaking the technical  and scientific measures necessary for the 
develo pment  of Commu nity veteri nary legisla tion and for the develop ment of 
veterinary education or training. 
(2) At the request of both the European Union and the United States of America, the 
World Organisation for Animal Health (OIE) convened a meeting at its headquarters 
on 11 February 2004 with representatives of both parties. The discussions were 
conducted under the auspices of the OIE in order to solve the problems associated with 
the interp retation of and the adherence  to the current OIE standards in the Terrestrial 
Animal Health Code of the OI E on BSE ( Terrestrial Code ). 
(3) The final outcome of the discuss ions could be of use for further proposa ls for 
amendment of the Terrestrial Code on BSE and subsequ ently be part of the further 
development of Com munity veterina ry legislation.  
(4) The Community should consequen tly support the participation by the European Union 
in the OIE delegated process  for which the costs are budgeted at EUR 8 000 for each 
delegat ion.  
(5) The financial resources necessary for the Communit y contributi on to the OIE 
mediated proce ss in February 2004 should therefore be engaged.  
1OJ L 224, 18.8.1990, p. 19; Decisi on as last amended by Regulat ion (EC)  No 806/2003 (OJ L 122, 
16.5.2003, p. 1 ).  
L 144/60 Official Journal of the European Union 30.4.2004 EN 
(6) The measures provided for in this Decision are in accordance with the opinion of the 
Standi ng Comm ittee on t he Food  Chain  and Anim al Heal th, 
30.4.20 04 Official Journal of the European Union L 144/61 EN 
HAS DECIDED  AS FOLLOWS:  
Sole A rticle  
The participat ion by the European Union in the OIE mediated process to be financed from 
budget heading 17 04 02 of the budget of the European Union for 2004 to a maximum a mount 
of EUR 8 000, is hereby approved. 
Done at Brussels, 28 April 2004. 
For the Commission 
David BYRNE 
Member of the Commission
EN Official Journal of the European Union L 358/10

COUNCIL DECISION

of 22 November 2004

concerning the accession by the Republic of Moldova to the Agreement to establish a science and technology centre in Ukraine, of 25 October 1993, between Canada, Sweden, Ukraine and the United States of America

(2004/823/EC, Euratom)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community,

Having regard to the Treaty establishing the European Atomic Energy Community,

Having regard to Council Regulation (EC) No 1766/98 of 30 July 1998 concerning the accession by the European Community and the European Atomic Energy Community, acting as one party, to the Agreement to establish a science and technology centre in Ukraine, of 25 October 1993, between Canada, Sweden, Ukraine and the United States of America (1), and in particular Article 3(1)(3) and (4) thereof,

Having regard to Commission Regulation (Euratom) No 2387/98 of 3 November 1998 concerning the accession by the European Atomic Energy Community and the European Community, acting as one party, to an Agreement having established in 1993 a science and technology centre in Ukraine between Canada, Sweden, Ukraine and the United States of America (2) and in particular Article 2 thereof,

Having regard to the proposal from the Commission,

Whereas:

(1) On 25 October 1993, Canada, Sweden, Ukraine and the United States of America concluded the Agreement to establish a science and technology centre in Ukraine (hereinafter the Agreement).

(2) Through Regulations (EC) No 1766/98 and (Euratom) No 2387/98, the European Community and the European Atomic Energy Community (hereinafter the Communities), acting as one party, acceded to the Agreement.

(3) On 12 February 2004, the Republic of Moldova deposited with the Secretariat of the Centre the instrument of accession by Moldova to the Agreement. In accordance with Article XIII of the Agreement, it is the responsibility of the Governing Board of the Centre to approve this accession.

(4) The Communities are represented on the Governing Board of the Centre by the Presidency of the Council and by the Commission. The position of the Communities with regard to questions arising under Article XIII of the Agreement is determined by the Council and expressed as a general rule by the Presidency,

HAS DECIDED AS FOLLOWS:

Article 1

The accession of the Republic of Moldova to the Agreement to establish a science and technology centre in Ukraine, of 25 October 1993, between Canada, Sweden, Ukraine and the United States of America, is hereby approved on behalf of the Communities.

Article 2

The Presidency of the Council shall express within the Governing Board of the Centre the approval of the Communities to the accession of the Republic of Moldova to the Agreement.

Done at Brussels, 22 November 2004. For the Council The President B. R. BOT

(1) OJ L 225, 12.8.1998, p. 2.

(2) OJ L 297, 6.11.1998, p. 4.
EN Official Journal of the European Union L 365/27

COMMISSION DECISION

of 9 November 2004

establishing a form for legal aid applications under Council Directive 2003/8/EC to improve access to justice in cross-border disputes by establishing minimum common rules relating to legal aid for such disputes

(notified under document number C(2004) 4285)

(2004/844/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Directive 2003/8/EC of 27 January 2003 to improve access to justice in cross-border disputes by establishing minimum common rules relating to legal aid for such disputes (1), and in particular Article 16(1) thereof,

After consulting the Advisory Committee established by Article 17(1) of Directive 2003/8/EC,

Whereas:

(1) Article 16(1) of Directive 2003/8/EC provides that the Commission is to establish a standard form for legal aid applications and for the transmission of such applications.

(2) The standard form for the transmission of legal aid applications between the judicial authorities of the Member States has been established by Commission Decision C(2003) 1829 (2).

(3) The standard form for legal aid applications as such is to be established at the latest by 30 November 2004, by virtue of Article 16(2) second sub-paragraph of Directive 2003/8/EC. That form should therefore be established by this decision.

(4) In accordance with Articles 1 and 2 of the Protocol on the position of Denmark annexed to the Treaty on European Union and to the Treaty establishing the European Community, Denmark, which is not bound by Directive 2003/8/EC, is not bound by this Decision or subject to its application,

HAS ADOPTED THIS DECISION:

Article 1

The standard form for the submission of legal aid applications under Directive 2003/8/EC shall be as set out in the Annex.

Article 2

This Decision is addressed to the Member States.

Done at Brussels, 9 November 2004. For the Commission António VITORINO Member of the Commission

(1) OJ L 26, 31.1.2003, p. 41.

(2) Decision not yet published in the Official Journal.
EN Official Journal of the European Union L 165/34

Corrigendum to Commission Decision 2005/465/EC of 22 June 2005 concerning the placing on the market, in accordance with Directive 2001/18/EC of the European Parliament and of the Council, of an oilseed rape product (Brassica napus L., GT73 line) genetically modified for tolerance to the herbicide glyphosate

( Official Journal of the European Union L 164 of 24 June 2005 )

The publication of Decision 2005/465/EC is hereby declared null and void.
EN Official Journal of the European Union L 6/7

COUNCIL DECISION

of 20 December 2004

amending Decision 1999/847/EC as regards the extension of the Community action programme in the field of civil protection

(Text with EEA relevance)

(2005/12/EC)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 308 thereof,

Having regard to the proposal from the Commission,

Having regard to the Opinion of the European Parliament (1),

Whereas:

(1) Council Decision 1999/847/EC of 9 December 1999 establishing a Community action programme in the field of civil protection (2) provided for Community action in the field of prevention, preparedness and response to natural and man-made disasters both at land and sea for the period from 1 January 2000 to 31 December 2004.

(2) Recent events, such as the floods in Central and Eastern Europe in the summer of 2002, the Prestige accident in Spain in November 2002 and the heat wave and extensive forest fires in southern Europe in the summer of 2003 show that the action undertaken at Community level in the field of civil protection pursuant to Decision 1999/847/EC should be continued.

(3) In order to avoid a gap between the expiry of Decision 1999/847/EC and the date of application of a new legal basis, the action programme established by Decision 1999/847/EC needs to be extended for a period of two years.

(4) Decision 1999/847/EC should therefore be amended accordingly,

HAS ADOPTED THIS DECISION:

Article 1

Decision 1999/847/EC is hereby amended as follows:

(a) Article 1(1) ‘31 December 2004’ shall be replaced by ‘31 December 2006;’

(b) the first subparagraph of Article 2(3) shall be replaced by the following: ‘The financial reference amount for the implementation of the programme shall be EUR 7,5 million for the period 1 January 2000 to 31 December 2004 and EUR 4,0 million for the period 1 January 2005 to 31 December 2006’.

Article 2

This Decision is addressed to the Member States.

Done at Brussels, 20 December 2004. For the Council The President P. VAN GEEL

(1) Opinion delivered on 15 December 2004 (not yet published in the Official Journal).

(2) OJ L 327, 21.12.1999, p. 53.
EN Official Journal of the European Union L 27/54

COMMISSION DECISION

of 28 January 2005

repealing Decision 2003/363/EC approving the plan for the eradication of classical swine fever in feral pigs in certain areas of Belgium

(notified under document number C(2005) 144)

(Only the French and Dutch texts are authentic)

(Text with EEA relevance)

(2005/66/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Directive 2001/89/EC of 23 October 2001 on Community measures for the control of classical swine fever (1), and in particular Article 16(1), thereof,

Whereas:

(1) In November 2002 classical swine fever was confirmed in the feral pig population in Belgium.

(2) By Commission Decision 2003/363/EC (2), the Commission approved the plan presented by Belgium for the eradication of classical swine fever in the feral pig population in certain areas of Belgium.

(3) Belgium has submitted information indicating that classical swine fever in the feral pig population has been successfully eradicated in Belgium and that the approved eradication plan does not need to be applied anymore.

(4) It is therefore appropriate to repeal Decision 2003/363/EC.

(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

Decision 2003/363/EC is repealed.

Article 2

This Decision is addressed to the Kingdom of Belgium.

Done at Brussels, 28 January 2005. For the Commission Markos KYPRIANOU Member of the Commission

(1) OJ L 316, 1.12.2001, p. 5. Directive as amended by the 2003 Act of Accession.

(2) OJ L 124, 20.5.2003, p. 43.
(6)

The overall assessment leads to the conclusion that the general government deficit reached 3,2 % of GDP in 2003 in the Netherlands and that the breach of the 3 % of GDP Treaty reference value occurred in spite of substantial savings measures by the authorities. According to the Commission, the breach of the 3 % of GDP threshold in 2003 is mainly due to the impact of the economic slowdown. However, the excess of the general government deficit over the 3 % of GDP reference value does not result from an unusual event outside the control of the Dutch authorities, nor is it the result of a severe economic downturn in the sense of the Stability and Growth Pact, which is defined as a fall in real GDP of at least 2 %. Even after taking into account the additional measures decided by the authorities on 16 April 2004, which were not included in the Commission Spring 2004 forecast, there is a risk that the general government deficit could be above 3 % of GDP also in 2004. This suggests that the breach of the 3 % of GDP Treaty reference value for the deficit may not be temporary. Finally, the debt ratio, which is projected to reach 56,3 % of GDP in 2004 according to the Commission Spring forecast, will continue to be below the 60 % of GDP Treaty reference value in that year,
EN Official Journal of the European Union L 63/23

COMMISSION DECISION

of 8 March 2005

amending Decision 2004/475/EC adopting a transitional measure in favour of certain establishments in the meat and milk sectors in Slovenia

(notified under document number C(2005) 518)

(Text with EEA relevance)

(2005/193/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to the Act of Accession of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia, and in particular Article 42 thereof,

Whereas:

(1) Since Commission Decision 2004/475/EC (1) was adopted, the situation concerning establishments benefiting from a transitional period to achieve full compliance with Community requirements has changed.

(2) One meat plant ceased its activity on 31 December 2004.

(3) One milk plant on the list of establishments in transition will cease its activity as a high-capacity establishment. It will reduce its production with a view to being in compliance with the rules laid down by Community legislation for establishments with limited capacity. Therefore it should be deleted from the list of establishments in transition.

(4) Three meat establishments on the list of establishments in transition have made considerable efforts to build new facilities. However, those establishments are not in a position to finish their upgrading process by the prescribed deadline due to exceptional technical constraints. Therefore it is justified to allow them further time to complete the upgrading process.

(5) The Annex to Decision 2004/475/EC should therefore be amended accordingly. For the sake of clarity, it should be replaced.

(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 2004/475/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, 8 March 2005. For the Commission Markos KYPRIANOU Member of the Commission

(1) OJ L 160, 30.4.2004, p. 78, corrected version (OJ L 212, 12.6.2004, p. 47).
EN Official Journal of the European Union C 137/3

Commission Decision declaring that the measure notified by the Slovak Republic, under the interim mechanism pursuant to Annex IV.3 of the Act of Accession, is not applicable after accession

(2005/C 137/05)

(Text with EEA relevance)

Date of adoption of the decision:

Member State: The Slovak Republic

Aid No: SK 75/2003

Title: Slovenská Sporiteľňa, a.s.

Objective: Aid to the banking sector

Other information: Commission decision declaring that the measures in favour of Slovenská Sporiteľňa, a.s., notified by the Slovak Republic under the interim mechanism pursuant to Annex IV.3 of the Accession Act, are not applicable after accession.

The authentic text(s) of the decision, from which all confidential information has been removed, can be found at:

http://europa.eu.int/comm/secretariat_general/sgb/state_aids/

Date of adoption of the decision:

Member State: The Slovak Republic

Aid No: State aid No SK 4/04

Title: OTP Banka Slovensko, a.s.

Objective: Aid to the banking sector

Other information: Commission decision declaring that the measures in favour of OTP Banka Slovensko, a.s. notified by the Slovak Republic under the interim mechanism pursuant to Annex IV.3 of the Accession Act, are not applicable after accession.

The authentic text(s) of the decision, from which all confidential information has been removed, can be found at:

http://europa.eu.int/comm/secretariat_general/sgb/state_aids/