ddrg/super_eurlex huggingface dataset:
Commission Decision

of 23 April 2003

concerning a request for exemption from the vehicle tax submitted by Denmark pursuant to Article 6(2)(b) of Council Directive 1999/62/EC on the charging of heavy goods vehicles for the use of certain infrastructures

(notified under document number C(2003) 1263)

(Only the Danish text is authentic)

(2003/288/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Directive 1999/62/EC of the European Parliament and of the Council of 17 June 1999 on the charging of heavy goods vehicles for the use of certain infrastructures(1), and in particular Article 6 thereof,

Whereas:

(1) According to Article 6(2)(b) of Directive 1999/62/EC, Member States may apply reduced rates or exemptions for vehicles which travel only occasionally on the public roads of the Member State of registration and are used by natural or legal persons whose main occupation is not the carriage of goods, provided that the transport operations carried out by these vehicles do not cause distortions of competition. This reduction or exemption is subject to the Commission's agreement.

(2) Denmark has requested the Commission to agree on the exemption from the vehicle tax according to Directive 1999/62/EC for vehicles of 12 tonnes or more, which are used exclusively in connection with amusement park and circus activities in Denmark.

(3) The conditions foreseen by Article 6(2)(b) of Directive 1999/62/EC are fulfilled, as these vehicles only occasionally travel on the public roads taking into account that this activity is mainly for the summer period and even then the transport is only used to get the circus or amusement park equipment from one town to another, with several weeks in between the journeys, as these vehicles have as registered owner an amusement park or a circus, whose main activity is not to carry goods, as these vehicles do not cause distortion of competition because they cannot be used for carriage of any goods other than those of the amusement parks or circuses used for their own activity and furthermore as these vehicles are clearly marked as being used for this purpose.

(4) The agreement should be given for a limited time.

(5) The exemption requested by Denmark should therefore be approved,

HAS ADOPTED THIS DECISION:

Article 1

The Commission hereby gives its agreement to exempt until 31 December 2009 from vehicle tax in accordance with Article 6(2)(b) of Directive 1999/62/EC vehicles of 12 tonnes or more, which are used exclusively in connection with amusement park and circus activities in Denmark.

Article 2

This Decision is addressed to Denmark.

Done at Brussels, 23 April 2003.

For the Commission

Loyola De Palacio

Vice-President

(1) OJ L 187, 20.7.1999, p. 42.
Council Decision

of 19 December 2002

on declassifying the Schengen consultation network (technical specifications)

(2003/330/EC)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 207 thereof,

Whereas:

(1) Document SCH/II-Vision (99) 5 lays down, inter alia, the principles pursuant to which the computerised procedure for consultation, for the purposes of issuing visas, of the central authorities referred to in Article 17(2) of the Convention implementing the Schengen Agreement of 14 June 1985 between the Governments of the States of the Benelux Economic Union, the Federal Republic of Germany and the French Republic on the gradual addition of checks at their common borders, signed in Schengen on 19 June 1990, must be applied.

(2) Council Decision 2000/645/EC of 17 October 2000 correcting the Schengen acquis as contained in Schengen Executive Committee SCH/Com-ex(94) 15 rev.(1) confirmed that document SCH/II-Vision (99) 5 constituted part of the Schengen acquis and Article 2 of that Decision classified the document as confidential.

(3) Document SCH/II-Vision (99) 5 was subsequently amended by Council Decisions of 24 April 2001 and of 19 December 2002, in accordance with the provisions of Article 1 of Council Regulation (EC) No 789/2001 of 24 April 2001 reserving to the Council implementing powers with regard to certain detailed provisions and practical procedures for examining visa applications(2).

(4) Document SCH/II-Vision (99) 5, as subsequently amended, (hereinafter the "Schengen consultation network (technical specifications)"), should now be partly declassified; the remaining parts of the Schengen consultation network (technical specifications) should have their classification downgraded to "Restreint UE".

(5) It is appropriate to repeal Article 2 of Decision 2000/645/EC, so that future decisions on the classification of the Schengen consultation network (technical specifications) may be taken in accordance with the normal rules on the classification of documents, as set out in Council Decision 2001/264/EC of 19 March 2001 adopting the Council's security regulations(3),

HAS DECIDED AS FOLLOWS:

Article 1

The Schengen consultation network (technical specifications) shall be declassified, with the exception of points 2 and 3 of part I thereof and Annexes 3, 6, 7 and 9 thereto.

Article 2

Points 2 and 3 of part I of and Annexes 3, 6, 7 and 9 to the Schengen consultation network (technical specifications) shall be classified "Restreint UE".

Article 3

1. Article 2 of Decision 2000/645/EC shall be repealed.

2. Future decisions on the classification of the Schengen consultation network (technical specifications) shall be taken in accordance with the provisions of Decision 2001/264/EC.

Article 4

This Decision shall take effect on the day of its publication in the Official Journal of the European Union.

Done at Brussels, 19 December 2002.

For the Council

The President

L. Espersen

(1) OJ L 272, 25.10.2000, p. 24.

(2) OJ L 116, 26.4.2001, p. 2.

(3) OJ L 101, 11.4.2001, p. 1.
Decision of the European Parliament and of the Council

of 9 October 2003

on the mobilisation of the EU Solidarity Fund in accordance with point 3 of the Interinstitutional Agreement of 7 November 2002 between the European Parliament, the Council and the Commission on the financing of the European Union Solidarity Fund, supplementing the Interinstitutional Agreement of 6 May 1999 on budgetary discipline and improvement of the budgetary procedure (fires in Portugal)

(2003/786/EC)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Interinstitutional Agreement of 7 November 2002 between the European Parliament, the Council and the Commission on the financing of the European Union Solidarity Fund, supplementing the Interinstitutional Agreement of 6 May 1999 on budgetary discipline and improvement of the budgetary procedure(1), and in particular point 3 thereof,

Having regard to Council Regulation (EC) No 2012/2002 of 11 November 2002 establishing the European Union Solidarity Fund(2),

Having regard to the proposal from the Commission,

Whereas:

(1) The European Union has created a European Union Solidarity Fund (the "Fund") to show solidarity with the population of regions struck by disasters.

(2) Portugal submitted an application to mobilise the Fund on 13 August 2003, concerning a fire-related disaster.

(3) The Interinstitutional Agreement of 7 November 2002 allows the mobilisation of the Fund within the annual ceiling of EUR 1 billion.

(4) The fire-related disaster in Portugal meets the conditions for mobilising the Fund,

HAVE DECIDED AS FOLLOWS:

Article 1

For the general budget of the European Union for the financial year 2003, the European Union Solidarity Fund shall be mobilised to provide the sum of EUR 48,539 million in commitment appropriations.

Article 2

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

Done at Brussels, 9 October 2003.

For the European Parliament

The President

P. Cox

For the Council

The President

F. Frattini

(1) OJ C 283, 20.11.2002, p. 1.

(2) OJ L 311, 14.11.2002, p. 3.
Corrigendum to Council Decision 2004/407/EC, Euratom of 26 April 2004 amending Articles 51 and 54 of the Protocol on the Statute of the Court of Justice

( Official Journal of the European Union L 132 of 29 April 2004 )

On page 6, in Article 1(2):

for:

‘Where the Court of Justice and the Court of First Instance are seised of cases in which the same relief is sought, the same issue of interpretation is raised or the validity of the same act is called in question, the Court of First Instance may, after hearing the parties, stay the proceedings before it until such time as the Court of Justice has delivered judgment. In the same circumstances, the Court of Justice may also decide to stay the proceedings before it; in that event, the proceedings before the Court of First Instance shall continue.’,

read:

‘Where the Court of Justice and the Court of First Instance are seised of cases in which the same relief is sought, the same issue of interpretation is raised or the validity of the same act is called in question, the Court of First Instance may, after hearing the parties, stay the proceedings before it until such time as the Court of Justice has delivered judgment or, where the action is one brought pursuant to Article 230 of the EC Treaty or pursuant to Article 146 of the EAEC Treaty, may decline jurisdiction so as to allow the Court of Justice to rule on such actions. In the same circumstances, the Court of Justice may also decide to stay the proceedings before it; in that event, the proceedings before the Court of First Instance shall continue.’
EN Official Journal of the European Union L 300/80

Corrigendum to Commission Decision 2004/344/EC of 23 March 2004 fixing the allocation of performance reserve by Member States for Community Structural Funds assistance under Objectives 1, 2 and 3 and the Financial Instrument for Fisheries Guidance outside Objective 1

( Official Journal of the European Union L 111 of 17 April 2004 )

On page 45, in Annex 1, the table relating to Germany is replaced by the following:
Council Decision 2004/61/CFSP

of 26 May 2003

concerning the conclusion of the Agreement between the European Union and the Slovak Republic on the participation of the armed forces of the Slovak Republic in the European Union-led Forces (EUF) in the Former Yugoslav Republic of Macedonia

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union, and in particular Article 24 thereof,

Having regard to the recommendation from the Presidency,

Whereas:

(1) On 27 January 2003, the Council adopted Joint Action 2003/92/CFSP on the European Union Military Operation in the Former Yugoslav Republic of Macedonia (FYROM)(1).

(2) Article 8 of that Joint Action provides that the detailed arrangements regarding the participation of third States shall be the subject of an agreement in accordance with Article 24 of the Treaty on European Union.

(3) Following the Council Decision of 18 March 2003 authorising the Secretary General/High Representative (SG/HR) to open negotiations, the SG/HR negotiated an agreement with the Slovak Republic on the participation of the armed forces of the Slovak Republic in the European Union-led Forces (EUF) in the Former Yugoslav Republic of Macedonia.

(4) This Agreement should be approved,

HAS DECIDED AS FOLLOWS:

Article 1

The Agreement between the European Union and the Slovak Republic on the participation of the Armed Forces of the Slovak Republic in the European Union-led Forces (EUF) in the Former Yugoslav Republic of Macedonia is hereby approved on behalf of the European Union.

The text of the Agreement is attached to this Decision.

Article 2

The President of the Council is hereby authorised to designate the person empowered to sign the Agreement in order to bind the European Union.

Article 3

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

Article 4

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

Done at Brussels, 26 May 2003.

For the Council

The President

G. Drys

(1) OJ L 34, 12.2.2003, p. 26.
Commission Decision

of 6 February 2004

adjusting the thresholds referred to in Article 157(b) and Article 158(1)(a) and (c) of Regulation (EC, Euratom) No 2342/2002 laying down detailed rules for the implementation of the Financial Regulation

(2004/121/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to Commission Regulation (EC, Euratom) No 2342/2002 of 23 December 2002 laying down detailed rules for the implementation of Council Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the general budget of the European Communities(1), and in particular Article 271 thereof,

Whereas:

(1) Article 271(2) stipulates that the thresholds applicable to public procurement contracts are to be adjusted every two years pursuant to the provisions of the directives on the coordination of public procurement procedures.

(2) The euro equivalents of the thresholds, fixed in SDR(2) in the directives, which are to be applied from 1 January 2004 have been published in the Official Journal(3),

HAS DECIDED AS FOLLOWS:

Article 1

The euro equivalents of the thresholds applicable to public procurement contracts shall be adjusted as set out below, with effect from 1 January 2004:

>TABLE>

Article 2

This Decision shall enter into force on the day of its publication in the Official Journal of the European Union. It shall be notified to the other institutions and bodies by the Commission's accounting officer.

Done at Brussels, 6 February 2004.

For the Commission

Michaele Schreyer

Member of the Commission

(1) OJ L 357, 31.12.2002, p. 1.

(2) Special drawing rights.

(3) OJ C 309, 19.12.2003, p. 14.
Commission Decision

of 16 February 2004

amending certain Annexes to Decision 96/510/EC as regards the zootechnical requirements for the importation of semen, ova and embryos of the equine species

(notified under document number C(2004) 388)

(Text with EEA relevance)

(2004/186/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Directive 94/28/EC of 23 June 1994 laying down the principles relating to the zootechnical and genealogical conditions applicable to imports from third countries of animals, their semen, ova and embryos, and amending Directive 77/504/EEC on pure-bred breeding animals of the bovine species(1), and in particular the third indent of Article 5, the second indent of Article 6 and the second indent of Article 7 thereof,

Whereas:

(1) Specific particulars should appear in a zootechnical certificate in order to establish the origin and the identification of an animal from which semen, ova and embryos comes.

(2) Model certificates for intra-Community trade in equine semen, ova and embryos are laid down in Commission Decision 96/79/EC of 12 January 1996 laying down the zootechnical certificates of semen, ova and embryos from registered equidae(2).

(3) Model certificates for imports from third countries of semen, ova and embryos of the bovine, porcine, ovine and caprine species are laid down in Commission Decision 96/510/EC of 18 July 1996 laying down the pedigree and zootechnical certificates for the importation of breeding animals, their semen, ova and embryos(3).

(4) In the interest of consistency of Community rules, the pedigree and zootechnical certificates laid down in Decision 96/510/EC should be supplemented with provisions for the importation from third countries of semen, ova and embryos of the equine species. Those provisions should be based on the zootechnical requirements that apply to intra-Community trade in semen, ova and embryos of those species.

(5) Decision 96/510/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 Zootechnics,

HAS ADOPTED THIS DECISION:

Article 1

Annexes IV, V and VI to Decision 96/510/EC are amended in accordance with the Annex to this Decision.

Article 2

This Decision is addressed to the Member States.

Done at Brussels, 16 February 2004.

For the Commission

David Byrne

Member of the Commission

(1) OJ L 178, 12.7.1994, p. 66.

(2) OJ L 19, 25.1.1996, p. 41.

(3) OJ L 210, 20.8.1996, p. 53.

ANNEX

Annexes IV, V and VI to Decision 96/510/EC are replaced by the following:

"ANNEX IV

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>PIC FILE= "L_2004057EN.002901.TIF">

ANNEX V

>PIC FILE= "L_2004057EN.003002.TIF">

>PIC FILE= "L_2004057EN.003101.TIF">

ANNEX VI

>PIC FILE= "L_2004057EN.003202.TIF">

>PIC FILE= "L_2004057EN.003301.TIF">

>PIC FILE= "L_2004057EN.003401.TIF">"
Council Decision

of 13 January 2004

on the signature and provisional application of an Agreement in the form of an Exchange of Letters between the European Community and the Republic of Croatia concerning the transitional points system applicable to heavy goods vehicles travelling through Austria

(2004/183/EC)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 71(1), in conjunction with the first sentence of the first subparagraph of Article 300(2) thereof,

Having regard to the proposal from the Commission,

Whereas:

(1) The Commission negotiated an Agreement in the form of an Exchange of Letters between the European Community and the Republic of Croatia concerning the transitional points system applicable to heavy goods vehicles travelling through Austria.

(2) Subject to its conclusion at a later date, the Agreement should be signed.

(3) Arrangements should be made for the provisional application of the Agreement from 1 January 2004,

HAS DECIDED AS FOLLOWS:

Article 1

The President of the Council is authorised to designate the person(s) entitled to sign, on behalf of the European Community, the Agreement in the form of an Exchange of Letters between the European Community and the Republic of Croatia concerning the transitional points system applicable to heavy goods vehicles travelling through Austria, subject to its conclusion at a later date.

The text of the Agreement is attached to this Decision.

Article 2

The Agreement referred to in Article 1 shall be applied on a provisional basis from 1 January 2004.

Article 3

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

Done at Brussels, 13 January 2004.

For the Council

The President

B. Cowen
Commission Decision

of 10 March 2004

amending Decision 2001/106/EC as regards bovine semen storage centres

(notified under document number C(2004) 709)

(Text with EEA relevance)

(2004/252/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Directive 88/407/EEC of 14 June 1988 laying down the animal health requirements applicable to intra-Community trade in and imports of semen of domestic animals of the bovine species(1), and in particular Article 5(2) thereof,

Whereas:

(1) Under Directive 88/407/EEC, as amended by Council Directive 2003/43/EC(2), intra-Community trade of semen of domestic animals of the bovine species is permitted from semen collection centres or semen storage centres approved by the competent authorities of the Member States where they are located and each Member State is to send a list of semen collection or storage centre(s) to the other Member States and to the Commission.

(2) Commission Decision 2001/106/EC of 24 January 2001 establishing a model for the lists of entities approved by Member States in accordance with various provisions of Community veterinary legislation, and the rules applying to the transmission of these lists to the Commission(3) lays down rules on how lists of semen collection centres that each Member State has approved on its territory are to be transmitted to the Commission. That Decision also provides for models to be used for those lists.

(3) To take account of the amendments made to Directive 88/407/EEC by Directive 2003/43/EC concerning semen storage centres the scope of Decision 2001/106/EC should be broadened in order to include bovine semen storage centres.

(4) Decision 2001/106/EC should therefore be amended accordingly.

(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

Annexes I and II to Decision 2001/106/EC are amended in accordance with the Annex to this Decision.

Article 2

This Decision is addressed to the Member States.

Done at Brussels, 10 March 2004.

For the Commission

David Byrne

Member of the Commission

(1) OJ L 194, 22.7.1988, p. 10. Directive as last amended by Commission Decision 2004/101/EC (OJ L 30, 4.2.2004, p 15.).

(2) OJ L 143, 11.6.2003, p. 23.

(3) OJ L 39, 9.2.2001, p. 39. Decision as amended by Decision 2002/279/EC (OJ L 99, 16.4.2002, p. 17.).

ANNEX

Annexes I and II to Decision 2001/106/EC are amended as follows:

1. in Annex I, paragraph 2 is replaced by the following:

"2. Semen collection and storage centres approved in accordance with Article 5(1) of Directive 88/407/EEC and semen collection centres approved in accordance with Article 5(1) of Directive 90/429/EEC.";

2. in Annex II, Section II is replaced by the following:

>PIC FILE= "L_2004079EN.004602.TIF">
Council Decision

of 26 April 2004

concerning the conclusion of the Trade, Development and Cooperation Agreement between the European Community and its Member States, on the one part, and the Republic of South Africa, on the other part

(2004/441/EC)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular its Article 310 in connection with the second phrase of Article 300(2) and the second subparagraph of paragraph 3,

Having regard to the proposal from the Commission,

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

Whereas:

(1) The Trade, Development and Cooperation Agreement between the European Community and its Member States, on the one part, and the Republic of South Africa, on the other part, signed in Pretoria on 11 October 1999, has been provisionally applied according to Decision 1999/753/EC of the Council of 29 July 1999(2).

(2) The procedures for ratification and acceptance or endorsement by the Member States have been finalised.

(3) The Trade, Development and Cooperation Agreement between the European Community and its Member States, on the one part, and the Republic of South Africa, on the other part, signed in Pretoria on 11 October 1999 should be approved,

HAS DECIDED AS FOLLOWS:

Article 1

The Trade, Development and Cooperation Agreement between the European Community and its Member States, on the one part, and the Republic of South Africa, on the other part, together with the Annexes and Protocols attached thereto and the declarations made by the Community unilaterally or jointly with other parties that are attached to the Final Act are hereby approved on behalf of the Community.

The texts of the Agreement, Annexes, Protocols and the Final Act are attached to Decision 1999/753/EC.

Article 2

The President of the Council shall give the notification provided for in Article 109 of the Agreement on behalf of the Community.

Article 3

The position to be taken by the Community within the Cooperation Council established by the Agreement, shall be laid down by the Council, on a proposal from the Commission, in accordance with the corresponding provisions of the Treaty establishing the European Community.

Article 4

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

Done at Luxembourg, 26 April 2004.

For the Council

The President

B. Cowen

(1) OJ C 107, 13.4.2000, p. 69.

(2) OJ L 311, 4.12.1999, p. 1.