ddrg/super_eurlex huggingface dataset:
EN Official Journal of the European Union L 3/19

COMMISSION DECISION

of 22 December 2009

authorising Ireland to use certain approximate estimates for the calculation of the VAT own resources base

(notified under document C(2009) 10418)

(Only the English text is authentic)

(2010/5/EU, Euratom)

THE EUROPEAN COMMISSION,

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

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

Having regard to Council Regulation (EEC, Euratom) No 1553/89 of 29 May 1989 on the definitive uniform arrangements for the collection of own resources accruing from value added tax (1), and in particular Article 6(3) thereof,

After consulting the Advisory Committee on Own Resources,

Whereas:

(1) Under Article 371 of Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax (2), certain Member States may continue to exempt certain transactions. These transactions must be taken into account for the determination of the VAT own resources base.

(2) By virtue of Article 371 of Directive 2006/112/EC, Ireland may continue to exempt transactions listed in point 10 of Part B of Annex X to that Directive.

(3) Ireland has requested authorisation from the Commission to use certain approximate estimates for the calculation of the VAT own resources base since it is unable to make the precise calculation of the VAT own resources base for transactions referred to in point 10 of Part B of Annex X to the VAT Directive. Such calculation is likely to involve an unjustified administrative burden in relation to the effect of these transactions on Ireland’s total VAT own resources base. Ireland is able to make a calculation using approximate estimates for this category of transactions. Ireland should therefore be authorised to calculate the VAT own resource base using approximate estimates in accordance with the second indent of Article 6(3) of Regulation (EEC, Euratom) No 1553/89.

(4) For reasons of transparency and legal certainty it is appropriate to limit the applicability of the authorisation in time,

HAS ADOPTED THIS DECISION:

Article 1

For the purpose of calculating the VAT own resources base from 1 January 2009, Ireland is authorised to use approximate estimates in respect of the following category of transactions referred to in part B of Annex X to Directive 2006/112/EC:

— Transport of passengers (point 10).

Article 2

This Decision shall apply from 1 January 2009 to 31 December 2013.

Article 3

This Decision is addressed to Ireland.

Done at Brussels, 22 December 2009. For the Commission Algirdas ŠEMETA Member of the Commission

(1) OJ L 155, 7.6.1989, p. 9.

(2) OJ L 347, 11.12.2006, p. 1.
EN Official Journal of the European Union L 63/21

COMMISSION DECISION

of 11 March 2010

prolonging the validity of Decision 2009/251/EC requiring Member States to ensure that products containing the biocide dimethylfumarate are not placed or made available on the market

(notified under document C(2010) 1337)

(Text with EEA relevance)

(2010/153/EU)

THE EUROPEAN COMMISSION,

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

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 2009/251/EC (2) requires Member States to ensure that products containing the biocide dimethylfumarate (DMF) are not placed or made available on the market.

(2) Decision 2009/251/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 1 year, but allows it to be confirmed for additional periods none of which shall exceed 1 year.

(3) In the light of the experience acquired so far and the absence of a permanent measure addressing consumer products containing DMF, it is necessary to prolong the validity of Decision 2009/251/EC for 12 months and to amend it accordingly.

(4) 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

The text of Article 4 of Decision 2009/251/EC is replaced by the following:

‘This Decision shall be applicable until 15 March 2011.’

Article 2

Member States shall take the necessary measures to comply with this Decision by 15 March 2010 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, 11 March 2010. For the Commission John DALLI Member of the Commission

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

(2) OJ L 74, 20.3.2009, p. 32.
EN Official Journal of the European Union L 51/22

COUNCIL DECISION 2010/128/CFSP

of 1 March 2010

amending Common Position 2003/495/CFSP on Iraq

THE COUNCIL OF THE EUROPEAN UNION,

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

Whereas:

(1) On 7 July 2003, the Council adopted Common Position 2003/495/CFSP on Iraq (1), in implementation of United Nations Security Council (UNSC) Resolution 1483 (2003).

(2) On 21 December 2009, the UNSC adopted Resolution 1905 (2009) by which it decided , inter alia, to extend until 31 December 2010 the arrangements for the depositing into the Development Fund for Iraq of proceeds from export sales of petroleum, petroleum products and natural gas and concerning immunity from legal proceedings of certain Iraqi assets, as referred to in UNSC Resolutions 1483 (2003) and 1546 (2004).

(3) Common Position 2003/495/CFSP should therefore be amended.

(4) Further action by the Union is needed in order to implement certain measures,

HAS ADOPTED THIS DECISION:

Article 1

Common Position 2003/495/CFSP shall be amended as follows:

the second subparagraph of Article 7 is replaced by:

‘Articles 4 and 5 shall apply until 31 December 2010.’.

Article 2

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

Article 3

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

Done at Brussels, 1 March 2010. For the Council The President D. LÓPEZ GARRIDO

(1) OJ L 169, 8.7.2003, p. 72.
EN Official Journal of the European Union C 87/11

COUNCIL DECISION

of 22 March 2010

appointing the Polish members and alternate members of the Advisory Committee on Safety and Health at Work

2010/C 87/04

THE COUNCIL OF THE EUROPEAN UNION,

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

Having regard to Council Decision 2003/C 218/01 of 22 July 2003 on the setting up of an Advisory Committee on Safety and Health at Work (1), and in particular Article 3 thereof,

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

Whereas:

(1) in its Decision of 16 February 2010 (2), the Council appointed the members and alternate members of the Advisory Committee on Safety and Health at Work for the period from 1 March 2010 until 28 February 2013, except for certain members and alternate members, including the Polish members and alternate members for the trade union and employers’ organisation categories.

(2) the Polish Government has proposed candidates for the vacant seats,

HAS DECIDED AS FOLLOWS:

Sole Article

The following are hereby appointed members and alternate members of the Advisory Committee on Safety and Health at Work for the period ending on 28 February 2013:

I. Trade Union Representatives Members Alternates Ms Iwona PAWLACZYK Mr Mariusz ŁUSZCZYK Mr Andrzej SZCZEPANIAK

II. Employers’ Representatives Members Alternates Mr Zbigniew ŻUREK Mr Jacek MĘCINA Mr Marek KOŁODZIEJSKI

Done at Brussels, 22 March 2010. For the Council The President M. Á. MORATINOS

(1) OJ C 218, 13.9.2003, p. 1.

(2) Not yet published in the OJ.
EN Official Journal of the European Union L 106/12

COMMISSION DECISION

of 27 April 2010

repealing Decision 2009/780/EC fixing the net amounts resulting from the application of voluntary modulation in Portugal for calendar years 2010, 2011 and 2012

(notified under document C(2010) 2516)

(Only the Portuguese text is authentic)

(2010/235/EU)

THE EUROPEAN COMMISSION,

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

Having regard to Council Regulation (EC) No 378/2007 of 27 March 2007 laying down rules for voluntary modulation of direct payments provided for in Regulation (EC) No 1782/2003 establishing common rules for direct support schemes under the common agricultural policy and establishing certain support schemes for farmers, and amending Regulation (EC) No 1290/2005 (1), and in particular Article 4(1) thereof,

Whereas:

(1) Commission Decision 2009/780/EC (2) has fixed the net amounts resulting from the application of voluntary modulation in Portugal for calendar years 2010, 2011 and 2012.

(2) Since the difficulties to its agricultural sector provoked by the economic crisis persist with a continuing negative impact on the economic situation of farmers, Portugal has communicated to the Commission that it has decided not to apply the voluntary modulation at all.

(3) Decision 2009/780/EC should therefore be repealed,

HAS ADOPTED THIS DECISION:

Article 1

Decision 2009/780/EC is hereby repealed.

Article 2

This Decision is addressed to the Portuguese Republic.

Done at Brussels, 27 April 2010. For the Commission Dacian CIOLOȘ Member of the Commission

(1) OJ L 95, 5.4.2007, p. 1.

(2) OJ L 278, 23.10.2009, p. 59.
EN Official Journal of the European Union L 111/19

COUNCIL DECISION

of 31 March 2010

appointing a member of the Court of Auditors

(2010/251/EU)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 286(5) thereof,

Having regard to the proposal of the Irish Government,

Having regard to the opinion of the European Parliament,

Whereas:

(1) The term of office of Ms Máire GEOGHEGAN-QUINN was renewed for the period from 1 March 2006 to 29 February 2012 by Council Decision of 23 January 2006 (1).

(2) By letter of 8 February 2010 addressed to the President of the Council, Ms Máire GEOGHEGAN-QUINN presented her resignation as Member of the Court of Auditors.

(3) Following her resignation, it is necessary for a successor to be appointed for the remainder of her term,

HAS ADOPTED THIS DECISION:

Article 1

Mr Eoin O'SHEA is hereby appointed a member of the Court of Auditors for the remainder of the term of office of Ms Máire GEOGHEGAN-QUINN, which runs until 29 February 2012.

Article 2

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

Done at Brussels, 31 March 2010. For the Council The President A. PÉREZ RUBALCABA

(1) OJ L 22, 26.1.2006, p. 51.
EN Official Journal of the European Union L 106/16

COMMISSION DECISION

of 27 April 2010

amending Decision 2009/379/EC setting the amounts which, pursuant to Council Regulations (EC) No 1782/2003, (EC) No 378/2007, (EC) No 479/2008 and (EC) No 73/2009 are made available to the EAFRD and the amounts available for EAGF expenditure

(2010/237/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 Article 12(2) and (3) thereof,

Whereas:

(1) Commission Decision 2009/379/EC (2) sets the amounts which, pursuant to Articles 10(2) and 143d of Council Regulation (EC) No 1782/2003 (3), Article 4(1) of Council Regulation (EC) No 378/2007 (4), Article 190a of Council Regulation (EC) No 1234/2007 (5) and Articles 9(1), 10(3), 134 and 135 of Council Regulation (EC) No 73/2009 (6), are made available to the European Agricultural Fund for Rural Development (EAFRD), as well as the amounts available for the European Agricultural Guarantee Fund (EAGF) expenditure.

(2) Commission Decision 2009/780/EC of 22 October 2009 fixing the net amounts resulting from the application of voluntary modulation in Portugal for calendar years 2010, 2011 and 2012 (7) has been repealed by Commission Decision 2010/235/EU (8) in order to take into account the decision taken by Portugal not to apply voluntary modulation at all.

(3) Decision 2009/1005/EU of the European Parliament and of the Council (9) as regards the financing of the European Economic Recovery Plan has further reduced the net amount available for EAGF expenditure in line with the provisions of Article 12(1) of Council Regulation (EC) No 1290/2005.

(4) Decision 2009/379/EC should therefore be amended accordingly,

HAS ADOPTED THIS DECISION:

Sole Article

The Annex to Decision 2009/379/EC is amended in accordance with the Annex to this Decision.

Done at Brussels, 27 April 2010. For the Commission The President José Manuel BARROSO

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

(2) OJ L 117, 12.5.2009, p. 10.

(3) OJ L 270, 21.10.2003, p. 1.

(4) OJ L 95, 5.4.2007, p. 1.

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

(6) OJ L 30, 31.1.2009, p. 16.

(7) OJ L 278, 23.10.2009, p. 59.

(8) See page 12 of this Official Journal.

(9) OJ L 347, 24.12.2009, p. 26.
EN Official Journal of the European Union C 125/6

COUNCIL DECISION

of 10 May 2010

appointing one member of the Management Board of the European Chemicals Agency

2010/C 125/04

THE COUNCIL OF THE EUROPEAN UNION,

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

Having regard to Regulation (EC) No 1907/2006 of the European Parliament and of the Council of 18 December 2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) and establishing a European Chemicals Agency (1), and in particular Article 79 thereof,

Whereas:

(1) Article 79 of Regulation (EC) No 1907/2006 provides that the Council should appoint as Members of the Management Board of the European Chemicals Agency one representative from each Member State.

(2) By Decision of 7 June 2007 (2) the Council appointed 27 members of the Management Board of the European Chemicals Agency.

(3) The Bulgarian Government has informed the Council of its intention to replace the Bulgarian representative on the Management Board and has submitted a nomination for a new representative, who should be appointed for a period which runs until 31 May 2011,

HAS ADOPTED THIS DECISION:

Article 1

Mr Boyko Marinov MALINOV of Bulgarian nationality, born on 30 August 1964, shall be appointed member of the Management Board of the European Chemicals Agency in place of Ms Ekaterina Spasova GECHEVA-ZAHARIEVA for the period from 14 May 2010 to 31 May 2011.

Article 2

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

Article 3

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

Done at Brussels, 10 May 2010. For the Council The President Á. GONZÁLEZ-SINDE REIG

(1) OJ L 396, 30.12.2006, p. 1.

(2) OJ C 134, 16.6.2007, p. 6.
EN Official Journal of the European Union C 123/1

COUNCIL DECISION

of 29 March 2010

appointing the Greek members and alternate members of the Advisory Committee on Safety and Health at Work

2010/C 123/01

THE COUNCIL OF THE EUROPEAN UNION,

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

Having regard to Council Decision 2003/C 218/01 of 22 July 2003 on the setting up of an Advisory Committee on Safety and Health at Work (1), and in particular Article 3 thereof,

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

Whereas:

(1) In its Decision of 16 February 2010 (2), the Council appointed the members and alternate members of the Advisory Committee on Safety and Health at Work for the period from 1 March 2010 until 28 February 2013, except for certain members and alternate members, including the Greek members and alternate members for the employers’ organisation categories.

(2) The Greek Government has proposed candidates for the vacant seats,

HAS DECIDED AS FOLLOWS:

Sole Article

The following are hereby appointed members and alternate members of the Advisory Committee on Safety and Health at Work for the period ending on 28 February 2013:

I. EMPLOYERS’ REPRESENTATIVES

Members Alternates Mr Pavlos KYRIAKOGGONAS Ms Natassa AVLONITOU Mr Christos KAVALOPOULOS

Done at Brussels, 29 March 2010. For the Council The President E. ESPINOSA

(1) OJ C 218, 13.9.2003, p. 1.

(2) OJ L 45, 22.2.2010, p. 5.
EN Official Journal of the European Union L 140/26

COUNCIL DECISION

of 3 June 2010

appointing six Italian members and four Italian alternate members of the Committee of the Regions

(2010/311/EU)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 305 thereof,

Having regard to the proposal of the Italian Government,

Whereas:

(1) On 22 December 2009 and on 18 January 2010, the Council adopted Decisions 2009/1014/EU and 2010/29/EU appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2010 to 25 January 2015 (1).

(2) Six members’ seats on the Committee of the Regions have become vacant following the end of the term of office of Mr Agazio LOIERO, Mr Antonio BASSOLINO, Mr Massimo PINESCHI, Ms Mercedes BRESSO, Mr Claudio BURLANDO and Mr Claudio MARTINI. Three alternate members’ seats have become vacant following the end of the term of office of Ms Maria Giuseppina MUZZARELLI, Mr Sante ZUFFADA and Ms Maria Rita LORENZETTI. An alternate member’s seat has become vacant following the appointment of Mr Gianfranco VITAGLIANO as a member of the Committee of the Regions,

HAS ADOPTED THIS DECISION:

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 2015:

(a) as members: — Mr Giuseppe SCOPELLITI, Presidente Regione Calabria, — Mr Gianfranco VITAGLIANO, Assessore Regione Molise, — Ms Renata POLVERINI, Presidente Regione Lazio, — Mr Roberto COTA, Presidente Regione Piemonte, — Ms Mercedes BRESSO, Consigliere Regione Piemonte, — Ms Catiuscia MARINI, Presidente Regione Umbria; and

(b) as alternate members: — Ms Simonetta SALIERA, Vice Presidente Regione Emilia Romagna, — Mr Paolo Valentini PUCCITELLI, Consigliere Regione Lombardia, — Mr Stefano CALDORO, Presidente Regione Campania, — Mr Enrico ROSSI, Presidente Regione Toscana.

Article 2

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

Done at Luxembourg, 3 June 2010. For the Council The President A. PÉREZ RUBALCABA

(1) OJ L 348, 29.12.2009, p. 22 and OJ L 12, 19.1.2010, p. 11.
6.

In Article 17, paragraphs 4 to 7 are replaced by the following: ‘4. When a Member takes up his or her duties or changes his or her place of residence, he or she shall be informed of the airport and station and the most direct, i.e. the shortest, routes which will be used for the purpose of applying these Implementing Measures. 5. At any time the Member may propose to the relevant department, in writing, stating his or her reasons, a different route offering a substantial gain in terms of time or convenience and not involving additional costs of more than 20 %. If that route is accepted, it shall replace the most direct route as determined in accordance with paragraph 3. If the route is not accepted or the route proposed by the Member has the effect of increasing the cost of the journey by more than 20 %, the matter shall be referred to the Secretary-General, who may consult the Quaestors before making a decision. 6. In the event of a break in the journey, travel expenses shall be reimbursed from the last place of departure. A break in the journey shall be any break of more than one night, excluding Saturdays and Sundays and public holidays, made on the Member's route to or from one of Parliament's places of work or an official meeting venue. 7. If the point of departure or arrival does not correspond to the Member’s place of residence or the capital of the Member State in which he or she was elected, travel expenses shall be reimbursed up to a maximum of the expenses which the Member would have incurred in making the journey to or from that place of residence by the most direct, i.e. the shortest, route. 8. In the case of journeys undertaken between two places of work and/or meeting venues, paragraphs 3 and 7 shall apply mutatis mutandis. 9. The tariffs used for the purposes of these Implementing Measures shall be updated on a half-yearly basis, in May and November.’.
7.

Article 15 is replaced by the following: ‘Article 15 Release of information to the United Nations and other third parties 1. The HR is hereby authorised to release to the United Nations and to other third parties associated with this Joint Action, classified EU information and documents generated for the purposes of the EU military operation up to the level of classification appropriate for each of them and in accordance with the Council’s security regulations (3). 2. The HR is hereby authorised to release to the United Nations and to other third parties associated with this Joint Action, unclassified EU documents relating to Council deliberations on the operation which are covered by the obligation of professional secrecy pursuant to Article 6(1) of the Council’s Rules of Procedure (4).
EN Official Journal of the European Union L 234/16

POLITICAL AND SECURITY COMMITTEE DECISION EUMM Georgia/1/2010

of 3 September 2010

extending the mandate of the Head of Mission of the European Union Monitoring Mission in Georgia, EUMM Georgia

(2010/480/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 Joint Action 2008/736/CFSP of 15 September 2008 on the European Union Monitoring Mission in Georgia, EUMM Georgia (1), and in particular Article 10(1) thereof,

Whereas:

(1) Under Article 10(1) of Joint Action 2008/736/CFSP, the Council authorised the Political and Security Committee (hereinafter the ‘PSC’), in accordance with Article 38 of the Treaty, to take the relevant decisions for the purposes of political control and strategic direction of the European Union Monitoring Mission in Georgia, EUMM Georgia (hereinafter ‘EUMM Georgia’), including the decision to appoint a Head of Mission.

(2) On 16 September 2008, upon a proposal from the Secretary-General/High Representative, the PSC appointed by Decision EUMM/1/2008 (2) Mr Hansjörg HABER as Head of Mission of EUMM Georgia until 15 September 2009.

(3) On 31 July 2009, upon a proposal from the Secretary-General/High Representative, the PSC adopted Decision EUMM Georgia/1/2009 (3) extending the mandate of Mr Hansjörg HABER as Head of Mission of EUMM Georgia until 15 September 2010.

(4) On 30 June 2010, the High Representative of the Union for Foreign Affairs and Security Policy proposed to the PSC that it extend the mandate of Mr Hansjörg HABER as Head of Mission of EUMM Georgia for an additional year, namely until 15 September 2011,

HAS ADOPTED THIS DECISION:

Article 1

The mandate of Mr Hansjörg HABER as Head of Mission of the European Union Monitoring Mission in Georgia, EUMM Georgia is hereby extended until 15 September 2011.

Article 2

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

Done at Brussels, 3 September 2010. For the Political and Security Committee The Chairman W. STEVENS

(1) OJ L 248, 17.9.2008, p. 26.

(2) OJ L 319, 29.11.2008, p. 79.

(3) OJ L 214, 19.8.2009, p. 40.