ddrg/super_eurlex huggingface dataset:
EN Official Journal of the European Union L 88/66

COUNCIL DECISION

of 7 March 2011

on the conclusion of a Geneva Agreement on Trade in Bananas between the European Union and Brazil, Colombia, Costa Rica, Ecuador, Guatemala, Honduras, Mexico, Nicaragua, Panama, Peru and Venezuela and of an Agreement on Trade in Bananas between the European Union and the United States of America

(2011/194/EU)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 207(4), first subparagraph, in conjunction with Article 218(6)(a) thereof,

Having regard to the proposal from the European Commission,

Having regard to the consent of the European Parliament,

Whereas:

(1) In accordance with Council Decision 2010/314/EU (1), the Geneva Agreement on Trade in Bananas between the European Union and Brazil, Colombia, Costa Rica, Ecuador, Guatemala, Honduras, Mexico, Nicaragua, Panama, Peru and Venezuela and the Agreement on Trade in Bananas between the European Union and the United States of America were signed on behalf of the Union on 31 May 2010 and 8 June 2010, respectively, subject to their conclusion at a later date.

(2) Those two Agreements should be approved,

HAS ADOPTED THIS DECISION:

Article 1

The following Agreements are hereby approved:

(a) the Geneva Agreement on Trade in Bananas between the European Union and Brazil, Colombia, Costa Rica, Ecuador, Guatemala, Honduras, Mexico, Nicaragua, Panama, Peru and Venezuela (2) (the ‘Geneva Agreement’);

(b) the Agreement on Trade in Bananas between the European Union and the United States of America (3) (the ‘EU/US Agreement’).

Article 2

The President of the Council is hereby authorised to designate the person(s) empowered to proceed, on behalf of the Union, to the notification provided for in paragraph 8(a) of the Geneva Agreement and in paragraph 6 of the EU/US Agreement, in order to express the consent of the Union to be bound by those Agreements.

Article 3

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

Done at Brussels, 7 March 2011. For the Council The President CZOMBA S.

(1) OJ L 141, 9.6.2010, p. 1.

(2) OJ L 141, 9.6.2010, p. 3.

(3) OJ L 141, 9.6.2010, p. 6.
EN Official Journal of the European Union L 143/38

COMMISSION IMPLEMENTING DECISION

of 27 May 2011

establishing, pursuant to Directive 2006/7/EC of the European Parliament and of the Council, a symbol for information to the public on bathing water classification and any bathing prohibition or advice against bathing

(2011/321/EU)

THE EUROPEAN COMMISSION,

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

Having regard to Directive 2006/7/EC of the European Parliament and of the Council of 15 February 2006 concerning the management of bathing water quality and repealing Directive 76/160/EEC (1), and in particular point (a) of Article 15(1) thereof,

Whereas:

(1) Article 12(1)(a) of Directive 2006/7/EC provides for an obligation to inform the public on the current bathing water classification and any bathing prohibition or advice against bathing by means of a clear and simple sign or symbol.

(2) The measures provided for in this Decision are in accordance with the opinion of the Committee established by Article 16(1) of Directive 2006/7/EC,

HAS ADOPTED THIS DECISION:

Article 1

For the purpose of actively disseminating and promptly making available the information on bathing water classification and on any bathing prohibition or advice against bathing referred to in Article 12(1)(a) of Directive 2006/7/EC, the following symbols are hereby established:

1. Symbols for informing on bathing prohibition or advice against bathing are set out in Part 1 of the Annex to this Decision.

2. Symbols for informing on bathing water classification are set out in Part 2 of the Annex to this Decision.

Article 2

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

Done at Brussels, 27 May 2011. For the Commission The President José Manuel BARROSO

(1) OJ L 64, 4.3.2006, p. 37.
EN Official Journal of the European Union L 175/28

COMMISSION DECISION

of 1 July 2011

concerning the non-inclusion of certain substances in Annex I, IA or IB to Directive 98/8/EC of the European Parliament and of the Council concerning the placing of biocidal products on the market

(notified under document C(2011) 4596)

(Text with EEA relevance)

(2011/391/EU)

THE EUROPEAN COMMISSION,

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

Having regard to Directive 98/8/EC of the European Parliament and of the Council of 16 February 1998 concerning the placing of biocidal products on the market (1), and in particular the second subparagraph of Article 16(2) thereof,

Whereas:

(1) Commission Regulation (EC) No 1451/2007 of 4 December 2007 on the second phase of the 10-year work programme referred to in Article 16(2) of Directive 98/8/EC of the European Parliament and of the Council concerning the placing of biocidal products on the market (2) establishes a list of active substances to be assessed, with a view to their possible inclusion in Annex I, IA or IB to Directive 98/8/EC.

(2) For a number of substance/product type combinations included in that list, either all participants have discontinued their participation in the review programme, or no complete dossier was received within the time period specified in Articles 9 and 12(3) of Regulation (EC) No 1451/2007 by the Member State designated as rapporteur for the evaluation.

(3) Consequently, and pursuant to Articles 11(2), 12(1) and 13(5) of Regulation (EC) No 1451/2007, the Commission informed the Member States accordingly. That information was also made public by electronic means.

(4) Within the period of 3 months from those publications, a number of companies indicated an interest in taking over the role of participant for the substances and product-types concerned. However, those companies subsequently failed to submit a complete dossier.

(5) Pursuant to Article 12(5) of Regulation (EC) No 1451/2007, the substances and product types concerned should therefore not be included in Annexes I, IA or IB to Directive 98/8/EC.

(6) In the interest of legal certainty, the date should be specified after which biocidal products containing active substances for the product-types indicated in the Annex to this Decision should no longer be placed on the market.

(7) The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on Biocidal Products,

HAS ADOPTED THIS DECISION:

Article 1

The substances indicated in the Annex to this Decision shall not be included for the product-types concerned in Annexes I, IA or IB to Directive 98/8/EC.

Article 2

For the purposes of Article 4(2) of Regulation (EC) No 1451/2007, biocidal products containing active substances for the product-types indicated in the Annex to this Decision shall no longer be placed on the market with effect from 1 July 2012.

Article 3

This Decision is addressed to the Member States.

Done at Brussels, 1 July 2011. For the Commission Janez POTOČNIK Member of the Commission

(1) OJ L 123, 24.4.1998, p. 1.

(2) OJ L 325, 11.12.2007, p. 3.
EN Official Journal of the European Union L 162/14

POLITICAL AND SECURITY COMMITTEE DECISION EUJUST LEX-IRAQ/1/2011

of 21 June 2011

concerning the appointment of the Head of Mission for the European Union Integrated Rule of Law Mission for Iraq, EUJUST LEX-IRAQ

(2011/359/CFSP)

THE POLITICAL AND SECURITY COMMITTEE,

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

Having regard to Council Decision 2010/330/CFSP of 14 June 2010 on the European Union Integrated Rule of Law Mission for Iraq, EUJUST LEX-IRAQ (1), and in particular Article 9 thereof,

Whereas:

(1) Pursuant to Decision 2010/330/CFSP, the Political and Security Committee is authorised, in accordance with Article 38 of the Treaty, to take the relevant decisions for the purpose of exercising the political control and strategic direction of the European Union Integrated Rule of Law Mission for Iraq, EUJUST LEX-IRAQ (hereinafter referred to as ‘EUJUST LEX-IRAQ’), including in particular, the decision to appoint a Head of Mission.

(2) The High Representative of the Union for Foreign Affairs and Security Policy has proposed the appointment of the current Deputy Head of Mission of EUJUST LEX-IRAQ, Mr Carl TORNELL as Head of Mission from 1 July 2011 until the subsequent appointment of a new Head of Mission,

HAS ADOPTED THIS DECISION:

Article 1

Mr Carl TORNELL is hereby appointed as Head of Mission of EUJUST LEX-IRAQ as from 1 July 2011 until the subsequent appointment of a new Head of Mission.

Article 2

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

Done at Brussels, 21 June 2011. For the Political and Security Committee The Chairperson O. SKOOG

(1) OJ L 149, 15.6.2010, p. 12.
EN Official Journal of the European Union L 189/1

COUNCIL DECISION

of 12 July 2011

on the signing and conclusion of the Monetary Agreement between the European Union and the French Republic on keeping the euro in Saint-Barthélemy following the amendment of its status with regard to the European Union

(2011/433/EU)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 219(3) thereof,

Having regard to the Council Decision of 13 April 2011 on the arrangements for the negotiation of a Monetary Agreement with the French Republic, acting for the benefit of the French overseas collectivity of Saint-Barthélemy, and in particular Article 4 thereof,

Having regard to the proposal from the European Commission,

Having regard to the opinion of the European Central Bank,

Whereas:

(1) By European Council Decision 2010/718/EU of 29 October 2010 amending the status with regard to the European Union of the island of Saint-Barthélemy (1), the island of Saint-Barthélemy is to cease to be an outermost region of the Union with effect from 1 January 2012 and is to have the status of an overseas country or territory, as referred to in Part Four of the Treaty, as from that date. The French Republic has undertaken to conclude the agreements necessary to ensure that the interests of the Union are preserved when this amendment takes place.

(2) The French Republic has informed the institutions of the Union of its intention to retain the euro as the sole currency in Saint-Barthélemy. A monetary agreement should therefore be concluded.

(3) On 13 April 2011 the Council authorised the Commission to negotiate with the French Republic, acting for the benefit of the French overseas collectivity of Saint-Barthélemy, and to fully associate the European Central Bank with the negotiations and to seek its agreement on issues falling within its fields of competence, with a view to concluding a monetary agreement. On 30 May 2011, the Monetary Agreement between the European Union and the French Republic on keeping the euro in Saint-Barthélemy following the amendment of its status with regard to the European Union (‘the Agreement’) was initialled.

(4) The Agreement should be signed and concluded,

HAS ADOPTED THIS DECISION:

Article 1

1. The Monetary Agreement between the European Union and the French Republic on keeping the euro in Saint-Barthélemy following the amendment of its status with regard to the European Union (‘the Agreement’) is hereby approved on behalf of the Union.

2. The text of the Agreement is attached to this Decision.

Article 2

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

Article 3

The President of the Council shall, on behalf of the Union, give the notification provided for in Article 11 of the Agreement.

Article 4

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

Done at Brussels, 12 July 2011. For the Council The President J. VINCENT-ROSTOWSKI

(1) OJ L 325, 9.12.2010, p. 4.
EN Official Journal of the European Union L 194/1

COUNCIL DECISION

of 18 July 2011

on the signing, on behalf of the Union, of the Agreement between the European Union and Australia amending the Agreement on mutual recognition in relation to conformity assessment, certificates and markings between the European Community and Australia

(2011/456/EU)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular the first subparagraph of Article 207(4), in conjunction with Article 218(5) thereof,

Having regard to the proposal from the European Commission,

Whereas:

(1) The Agreement on mutual recognition in relation to conformity assessment, certificates and markings between the European Community and Australia (1) (the Agreement on mutual recognition) entered into force on 1 January 1999 (2).

(2) On 8 July 2002, the Council authorised the Commission to open negotiations with Australia with a view to amending the Agreement on mutual recognition. The negotiations were successfully concluded by the initialling of the Agreement between the European Union and Australia amending the Agreement on mutual recognition in relation to conformity assessment, certificates and markings between the European Community and Australia (the Agreement) in Brussels on 23 June 2009.

(3) 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.

(4) The Agreement should be signed,

HAS ADOPTED THIS DECISION:

Article 1

The signing of the Agreement between the European Union and Australia amending the Agreement on mutual recognition in relation to conformity assessment, certificates and markings between the European Community and Australia (the Agreement) is hereby authorised on behalf of the Union, subject to the conclusion of the said Agreement (3).

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 subject to its conclusion.

Article 3

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

Done at Brussels, 18 July 2011. For the Council The President M. DOWGIELEWICZ

(1) OJ L 229, 17.8.1998, p. 3.

(2) OJ L 5, 9.1.1999, p. 74.

(3) The text of the Agreement will be published together with the Decision on its conclusion.
EN Official Journal of the European Union L 204/23

COMMISSION IMPLEMENTING DECISION

of 5 August 2011

authorising the placing on the market of phosphated maize starch as a novel food ingredient under Regulation (EC) No 258/97 of the European Parliament and of the Council

(notified under document C(2011) 5550)

(Text with EEA relevance)

(2011/494/EU)

THE EUROPEAN COMMISSION,

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

Having regard to Regulation (EC) No 258/97 of the European Parliament and of the Council of 27 January 1997 concerning novel foods and novel food ingredients (1), and in particular Article 7 thereof,

Whereas:

(1) On 23 August 2005 the company National Starch Food Innovation made a request to the competent authorities of the United Kingdom to place phosphated distarch phosphate (phosphated maize starch) on the market as a novel food ingredient.

(2) On 27 April 2009 the competent food assessment body of the United Kingdom issued its initial assessment report. In that report it came to the conclusion that phosphated distarch phosphate was acceptable as a novel food ingredient.

(3) The Commission forwarded the initial assessment report to all Member States on 4 May 2009.

(4) Within the 60-day period laid down in Article 6(4) of Regulation (EC) No 258/97 reasoned objections to the marketing of the product were raised in accordance with that provision.

(5) Therefore the European Food Safety Authority (EFSA) was consulted on 10 February 2010.

(6) On 10 September 2010, EFSA in the ‘Scientific opinion on the safety of “phosphated distarch phosphate” as a novel food ingredient’ (2) came to the conclusion that phosphated distarch phosphate was safe under the proposed conditions of use and the proposed levels of intake.

(7) On the basis of the scientific assessment, it is established that phosphated distarch phosphate complies with the criteria laid down in Article 3(1) of Regulation (EC) No 258/97.

(8) 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

Phosphated distarch phosphate as specified in the Annex may be placed on the market in the Union as a novel food ingredient for the uses in baked bakery products, pasta, breakfast cereals and cereal bars with a maximum content of 15 %.

Article 2

The designation of phosphated distarch phosphate authorised by this Decision on the labelling of the foodstuff containing it shall be ‘phosphated maize starch’.

Article 3

This Decision is addressed to National Starch Food Innovation, Corn Products UK Ltd, Prestbury Court, Greencourts Business Park, 333 Styal Road, Manchester M22 5LW, England.

Done at Brussels, 5 August 2011. For the Commission John DALLI Member of the Commission

(1) OJ L 43, 14.2.1997, p. 1.

(2) EFSA Journal 2010; 8(9): 1772.
EN Official Journal of the European Union L 324/28

COUNCIL DECISION

of 30 November 2011

on the position to be taken by the European Union within the General Council of the World Trade Organization on the extension of the WTO waiver in order to implement the EU autonomous preferential trade regime for the Western Balkans

(2011/809/EU)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular the first subparagraph of Article 207(4), in conjunction with Article 218(9), thereof,

Having regard to the proposal from the European Commission,

Whereas:

(1) The Union has adopted legislation renewing the autonomous preferential trade regime for the Western Balkans until 31 December 2015. In the absence of a waiver from the Union’s obligations under paragraph 1 of Article I of the General Agreement on Tariffs and Trade 1994 (GATT 1994), the treatment provided for in the autonomous preferential trade regime would need to be extended to all other Members of the World Trade Organization (WTO). It is therefore appropriate to seek a waiver from paragraph 1 of Article I GATT 1994 pursuant to paragraph 3 of Article IX of the Marrakesh Agreement establishing the World Trade Organization.

(2) The Union submitted such a request on 26 October 2011, and the WTO General Council is to deliberate thereon.

(3) It is appropriate, therefore, to establish the position to be taken by the Union within the WTO General Council concerning that request,

HAS ADOPTED THIS DECISION:

Article 1

The position to be taken by the European Union within the General Council of the World Trade Organization is to approve the extension of the WTO waiver for the Western Balkans until 31 December 2016.

This position shall be expressed by the Commission.

Article 2

This Decision shall enter into force on the date of its adoption.
EN Official Journal of the European Union L 320/2

COUNCIL DECISION

of 14 November 2011

on the signing of a Voluntary Partnership Agreement between the European Union and the Central African Republic on forest law enforcement, governance and trade in timber and derived products to the European Union (FLEGT)

(2011/790/EU)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular the first subparagraph of Article 207(3), in conjunction with Article 218(5) thereof,

Having regard to the proposal from the European Commission,

Whereas:

(1) In May 2003 the European Commission adopted a Communication to the European Parliament and to the Council entitled ‘Forest law enforcement, governance and trade (FLEGT): proposal for an EU action plan’ which called for measures to address illegal logging through the development of voluntary partnership agreements with timber-producing countries. Council conclusions on that Action Plan were adopted in October 2003 (1) and the European Parliament adopted a resolution on the subject on 11 July 2005 (2).

(2) On 5 December 2005 the Council authorised the Commission to open negotiations on partnership agreements to implement the FLEGT.

(3) On 20 December 2005 the Council adopted Regulation (EC) No 2173/2005 (3) which established a FLEGT licensing scheme for imports of timber into the Union from countries with which the Union has concluded voluntary partnership agreements.

(4) The negotiations with the Central African Republic have been concluded, and the Voluntary Partnership Agreement between the European Union and the Central African Republic on forest law enforcement, governance and trade in timber and derived products to the European Union (hereinafter referred to as ‘the Agreement’) was initialled on 21 December 2010.

(5) The Agreement should be signed subject to its conclusion,

HAS ADOPTED THIS DECISION:

Article 1

The signing of the Voluntary Partnership Agreement between the European Union and the Central African Republic on forest law enforcement, governance and trade in timber and derived products to the European Union (hereinafter ‘FLEGT’) is hereby authorised on behalf of the Union, subject to the conclusion of the said Agreement (4).

Article 2

The President of the Council is hereby authorised to designate the person empowered to sign the Agreement on behalf of the Union subject to its conclusion.

Article 3

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

Done at Brussels, 14 November 2011. For the Council The President M. SAWICKI

(1) OJ C 268, 7.11.2003, p. 1.

(2) OJ C 157 E, 6.7.2006, p. 482.

(3) OJ L 347, 30.12.2005, p. 1.

(4) The text of the Agreement will be published together with the Decision on its conclusion.
EN Official Journal of the European Union L 335/78

COUNCIL DECISION 2011/845/CFSP

of 16 December 2011

concerning the temporary reception by Member States of the European Union of certain Palestinians

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union, and in particular Article 29 and Article 31(1) thereof,

Whereas:

(1) On 17 November 2010, the Council adopted Decision 2010/694/CFSP concerning the temporary reception by Member States of the European Union of certain Palestinians (1), which provided for an extension of the validity of their national permits for entry into, and stay in, the territory of the Member States referred to in Common Position 2002/400/CFSP of 21 May 2002 concerning the temporary reception by Member States of the European Union of certain Palestinians (2) for a further period of 12 months.

(2) On the basis of an evaluation of the application of Common Position 2002/400/CFSP, the Council considers it appropriate that the validity of those permits be extended for a further period of 12 months,

HAS ADOPTED THIS DECISION:

Article 1

The Member States referred to in Article 2 of Common Position 2002/400/CFSP shall extend the validity of the national permits for entry and stay granted pursuant to Article 3 of that Common Position for a further period of 12 months.

Article 2

The Council shall evaluate the application of Common Position 2002/400/CFSP within six months of the adoption of this Decision.

Article 3

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

Done at Brussels, 16 December 2011. For the Council The President T. NALEWAJK

(1) OJ L 303, 19.11.2010, p. 13.

(2) OJ L 138, 28.5.2002, p. 33.