ddrg/super_eurlex huggingface dataset:
EN Official Journal of the European Union L 11/29

COUNCIL DECISION

of 22 December 2004

appointing an Austrian member of the Economic and Social Committee

(2005/19/EC, Euratom)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 259 thereof,

Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Article 167 thereof,

Having regard to the Council Decision 2002/758/EC, Euratom of 17 September 2002 appointing the members of the Economic and Social Committee for the period from 21 September 2002 to 20 September 2006 (1),

Having regard to the nomination submitted by the Austrian Government,

Having obtained the opinion of the Commission of the European Union,

HAS DECIDED AS FOLLOWS:

Sole Article

Mr Hans KLETZMAYR is hereby appointed a member of the Economic and Social Committee in place of Mr Rudolf STRASSER for the remainder of the latter's term of office, which runs until 20 September 2006.

Done at Brussels, 22 December 2004. For the Council The President C. VEERMAN

(1) OJ L 253, 21.9.2002, p. 9.
EN Official Journal of the European Union L 28/41

COMMISSION DECISION

of 25 January 2005

amending Decision 98/695/EC laying down special conditions governing imports of fishery and aquaculture products originating in Mexico, as regards the designation of the competent authority and the model of health certificate

(notified under document number C(2004) 4564)

(Text with EEA relevance)

(2005/70/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Directive 91/493/EEC of 22 July 1991 laying down the health conditions for the production and the placing on the market of fishery products (1), and in particular Article 11(1) thereof,

Whereas:

(1) In Commission Decision 98/695/EC (2), the ‘Dirección General de Control Sanitario de Productos y Servicios (DGCSPS) de la Secretaría de Salud’ is identified as the competent authority in Mexico for verifying and certifying compliance of fishery and aquaculture products with the requirements of Directive 91/493/EEC.

(2) Following a restructuring of the Mexican administration, the competent authority has changed to the ‘Comisión Federal para la Protección contra Riesgos Sanitarios (CFPRS)’. This new authority is capable of effectively verifying the application of the rules in force.

(3) The CFPRS has provided official assurances on compliance with the standards for health controls and monitoring of fishery and aquaculture products as set out in Directive 91/493/EEC and on the fulfilment of hygienic requirements equivalent to those laid down in that Directive.

(4) Decision 98/695/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

Decision 98/695/EC is amended as follows:

1. Article 1 is replaced by the following: ‘Article 1 The “Comisión Federal para la Protección contra Riesgos Sanitarios (CFPRS)” shall be the competent authority in Mexico for verifying and certifying compliance of fishery and aquaculture products with the requirements of Directive 91/493/EEC.’

2. In Article 3, paragraph 2 is replaced by the following: ‘2. Certificates must bear the name, capacity and signature of the representative of the CFPRS and the latter's official stamp in a colour different from that of other endorsements.’

3. Annex A is replaced by the text in the Annex to this Decision.

Article 2

This Decision shall apply from 17 March 2005.

Article 3

This Decision is addressed to the Member States.

Done at Brussels, 25 January 2005. For the Commission Markos KYPRIANOU Member of the Commission

(1) OJ L 268, 24.9.1991, p. 15. Directive as last amended by Regulation (EC) No 806/2003 (OJ L 122, 16.5.2003, p. 1).

(2) OJ L 332, 8.12.1998, p. 9. Decision as amended by Decision 2001/819/EC (OJ L 307, 24.11.2001, p. 22).
EN Official Journal of the European Union L 39/46

COUNCIL DECISION

of 31 January 2005

appointing a German alternate member of the Committee of the Regions

(2005/120/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) Council Decision 2002/60/EC of 22 January 2002 appointed the members and alternate members of the Committee of the Regions (1).

(2) a seat as an alternate member of the Committee of the Regions has become vacant following the resignation of Ms Maria Theresia OPLADEN, notified to the Council on 29 November 2004,

HAS DECIDED AS FOLLOWS:

Sole Article

Mr Hans-Josef VOGEL, Bürgermeister der Stadt Arnsberg, is hereby appointed alternate member of the Committee of the Regions in place of Ms Maria Theresia OPLADEN for the remainder of her term of office, which runs until 25 January 2006.

Done at Brussels, 31 January 2005. For the Council The President J. ASSELBORN

(1) OJ L 24, 26.1.2002, p. 38.
EN Official Journal of the European Union L 52/39

COUNCIL DECISION

of 17 February 2005

appointing a Spanish alternate member of the Committee of the Regions

(2005/158/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 Spanish Government,

Whereas:

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

(2) A seat as an alternate member of the Committee of the Regions has become vacant following the resignation of Mr Pere ESTEVE i ABAD, notified to the Council on 19 January 2005,

HAS DECIDED AS FOLLOWS:

Sole Article

Ms Anna TERRÓN i CUSÍ, Secretaria General del Patronat Catalá Pro Europa — Delegada del Gobierno de la Generalidad de Cataluña en Bruselas, is hereby appointed an alternate member of the Committee of the Regions in place of Mr Pere ESTEVE i ABAD for the remainder of their term of office, which runs until 25 January 2006.

Done at Brussels, 17 February 2005. For the Council The President J.-C. JUNCKER

(1) OJ L 24, 26.1.2002, p. 38.
EN Official Journal of the European Union L 15/6

COUNCIL DECISION

of 21 June 2004

appointing an Italian member of the Economic and Social Committee

(2005/23/EC, Euratom)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 259 thereof,

Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Article 167 thereof,

Having regard to the Council Decision 2002/758/EC, Euratom of 17 September 2002 appointing the members of the Economic and Social Committee for the period from 21 September 2002 to 20 September 2006 (1),

Having regard to the nomination submitted by the Italian Government,

Having obtained the opinion of the Commission of the European Union,

HAS DECIDED AS FOLLOWS:

Sole Article

Mr Giacomino TARICCO is hereby appointed a member of the Economic and Social Committee in place of Mr Felice SCALVINI for the remainder of the latter's term of office, which runs until 20 September 2006.

Done at Luxembourg, 21 June 2004. For the Council The President J. WALSH

(1) OJ L 253, 21.9.2002, p. 9.
EN Official Journal of the European Union L 183/109

COMMISSION DECISION

of 12 July 2005

amending Decision 97/296/EC drawing up the list of third countries from which the import of fishery products is authorised for human consumption, with respect to Algeria, the Bahamas and Grenada

(notified under document number C(2005) 2551)

(Text with EEA relevance)

(2005/501/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Decision 95/408/EC of 22 June 1995 on the conditions for drawing up, for an interim period, provisional lists of third country establishments from which Member States are authorised to import certain products of animal origin, fishery products or live bivalve molluscs (1), and in particular Article 2(2) thereof,

Whereas:

(1) Commission Decision 97/296/EC of 22 April 1997 drawing up the list of third countries from which the import of fishery products is authorised for human consumption (2), lists the countries and territories from which import of fishery products for human consumption is authorised. Part I of the Annex to that Decision lists the countries and territories covered by a specific Decision under Council Directive 91/493/EEC of 22 July 1991 laying down the health conditions for the production and the placing on the market of fishery products (3), and part II of that Annex lists the countries and territories meeting the conditions set out in Article 2(2) of Decision 95/408/EC.

(2) Commission Decisions 2005/498/EC (4), 2005/499/EC (5) and 2005/500/EC (6), set specific import conditions for fishery products from Algeria, the Bahamas and Grenada. Those countries should therefore be included in the list in part I of the Annex to Decision 97/296/EC.

(3) In the interest of clarity, the lists concerned should be replaced in their entirety.

(4) Decision 97/296/EC should therefore be amended accordingly.

(5) This Decision should apply from the same day as Decisions 2005/498/EC, 2005/499/EC and 2005/500/EC as regards the import of fishery products from Algeria, the Bahamas and Grenada.

(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 97/296/EC is replaced by the text in the Annex to this Decision.

Article 2

This Decision shall apply from 28 August 2005.

Article 3

This Decision is addressed to the Member States.

Done at Brussels, 12 July 2005. For the Commission Markos KYPRIANOU Member of the Commission

(1) OJ L 243, 11.10.1995, p. 17. Decision as last amended by Directive 2004/41/EC of the European Parliament and of the Council (OJ L 157, 30.4.2004, p. 33) (corrected version in OJ L 195, 2.6.2004, p. 12).

(2) OJ L 122, 14.5.1997, p. 21. Decision as last amended by Decision 2005/219/EC (OJ L 69, 16.3.2005, p. 55).

(3) OJ L 268, 24.9.1991, p. 15. Directive as last amended by Regulation (EC) No 806/2003 (OJ L 122, 16.5.2003, p. 1).

(4) See page 92 of this Official Journal.

(5) See page 99 of this Official Journal.

(6) See page 104 of this Official Journal.
(40)

With regard to the doubts set out in recital 18, which are linked to compliance with point 11.3.8 of the guidelines, the Commission notes the details provided by the Italian authorities, according to which the aid would be allocated in relation to the loss incurred by the members of the producer organisation (determined on the basis of the quantity delivered), and that they would see to it that the share of the aid withheld by the producer organisation was to cover only the costs it had incurred. That being so, even if it had been able to consider the approach taken by the Italian authorities, mentioned above, to be valid, the Commission could only have continued to harbour doubts about compliance with point 11.3.8 of the guidelines, given that the quantity delivered would not have been an objective factor in determining the loss incurred, since the withdrawal operations concerned fruit that had not been damaged by hail but had been regraded as an industrial product on account of the deterioration that occurred between the date of submission of the application for withdrawal (see recital 30) and the start of the actual withdrawal operations, and because without information, which had nevertheless been requested, concerning the nature of the costs incurred by the Asprofrut producer organisation, it could not have been sure that these costs had not been over-estimated, which would have entailed the grant of operating aid to that organisation.
EN Official Journal of the European Union L 204/21

COMMISSION DECISION

of 2 August 2005

recognising the system for identification and registration of ovine animals in Ireland according to Article 4(2)(d) of Council Regulation (EC) No 21/2004

(notified under document number C(2005) 2911)

(Only the English text is authentic)

(Text with EEA relevance)

(2005/597/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 21/2004 of 17 December 2003 establishing a system for the identification and registration of ovine and caprine animals and amending Regulation (EC) No 1782/2003 and Directives 92/102/EEC and 64/432/EEC (1), and in particular Article 4(2)(d) thereof,

Whereas:

(1) The competent authority of Ireland has submitted a request, accompanied by appropriate documentation, for the recognition of the system of identification and registration of ovine animals implemented in that Member State.

(2) Following a Commission veterinary inspection mission in Ireland the system of identification and registration of ovine animals has been audited by the Commission experts as fully operational provided that certain commitments are fulfilled.

(3) Ireland has taken all necessary measures to ensure compliance with Regulation (EC) No 21/2004 as of 9 July 2005.

(4) The competent authority should carry out appropriate checks in order to verify the proper implementation of the system of identification and registration of ovine animals.

(5) The system of identification and registration of ovine animals in Ireland should therefore be approved allowing the replacement of the second means of identification by that system, except in the case of animals involved in intra-Community trade.

(6) The measures provided for in this Decision are in accordance with the opinion of the Standing Committee of the Food Chain and Animal Health,

HAS ADOPTED THIS DECISION:

Article 1

The system for the identification and registration of ovine animals provided for under Article 4(2)(c) of Regulation (EC) No 21/2004 implemented by Ireland is hereby recognised as fully operational as of 9 July 2005.

Article 2

Without prejudice to provisions to be laid down according to Article 10(1)(a) of Regulation (EC) No 21/2004 the competent authority shall carry out the appropriate on-the-spot checks each year to verify compliance by keepers with the requirements on identification and registration of ovine animals.

Article 3

This Decision is addressed to Ireland.

Done at Brussels, 2 August 2005. For the Commission Markos KYPRIANOU Member of the Commission

(1) OJ L 5, 9.1.2004, p. 8.
EN Official Journal of the European Union L 249/18

COMMISSION DECISION

of 22 September 2005

declaring operational the Regional Advisory Council for the North-Western Waters under the common fisheries policy

(2005/668/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Decision 2004/585/EC of 19 July 2004 establishing Regional Advisory Councils under the common fisheries policy (1), and in particular Article 3(3) thereof,

Having regard to the recommendation transmitted by Ireland on 27 June 2005 on behalf of Belgium, France, Ireland, the Netherlands, Spain and the United Kingdom,

Whereas:

(1) Council Regulation (EC) No 2371/2002 of 20 December 2002 on the conservation and sustainable exploitation of fisheries resources under the common fisheries policy (2) and Decision 2004/585/EC provide the framework for the establishment and operation of Regional Advisory Councils.

(2) Article 2 of Decision 2004/585/EC establishes a Regional Advisory Council to cover the North-Western Waters in International Council for the Exploration of the Seas (ICES) areas (3) V (excluding Va and only EC waters in Vb), VI and VII.

(3) In accordance with Article 3(1) of Decision 2004/585/EC, representatives of the fisheries sector and other interests groups submitted a request concerning the operation of that Regional Advisory Council to Belgium, France, Ireland, the Netherlands, Spain and the United Kingdom.

(4) As required by Article 3(2) of Decision 2004/585/EC, the Member States concerned determined whether the application concerning the Regional Advisory Council for the North-Western Waters was in conformity with the provisions laid down in that Decision. On 27 June 2005, the Member States concerned transmitted a recommendation on that Regional Advisory Council to the Commission.

(5) The Commission has evaluated the application by the interested parties and the recommendation in the light of Decision 2004/585/EC and the aims and principles of the common fisheries policy, and considers that the Regional Advisory Council for the North-Western Waters is ready to become operational,

HAS DECIDED AS FOLLOWS:

Sole Article

The Regional Advisory Council for the North-Western Waters, established by Article 2(1)(d) of Decision 2004/585/EC, shall be operational as from 26 September 2005.

Done at Brussels, 22 September 2005. For the Commission Joe BORG Member of the Commission

(1) OJ L 256, 3.8.2004, p. 17.

(2) OJ L 358, 31.12.2002, p. 59.

(3) As defined in Council Regulation (EEC) No 3880/91 of 17 December 1991 on the submission of nominal catch statistics by Member States fishing in the north-east Atlantic (OJ L 365, 31.12.1991, p. 1).
EN Official Journal of the European Union L 225/23

COMMISSION DECISION

of 26 August 2005

establishing a form for the transmission of legal aid applications under Council Directive 2003/8/EC

(2005/630/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), in particular Article 16(1) thereof,

After consulting the committee established by Article 17 of Directive 2003/8/EC,

Whereas:

(1) Commission Decision 2004/844/EC (2) established the standard form for legal aid applications under Directive 2003/8/EC.

(2) Under Directive 2003/8/EC the Commission should also establish a standard form to facilitate the transmission of legal aid applications between the judicial authorities of the Member States.

(3) Under Articles 1 and 2 of the Protocol on the position of Denmark, annexed to the Treaty on European Union and the Treaty establishing the European Community, Denmark did not participate in the adoption of Directive 2003/8/EC and is accordingly neither bound by it nor required to give effect to it,

HAS DECIDED AS FOLLOWS:

Sole Article

The standard form for the transmission of legal aid applications set out in the Annex to this Decision is adopted.

Done at Brussels, 26 August 2005. For the Commission Franco FRATTINI Vice-President

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

(2) OJ L 365, 10.12.2004, p. 27.
EN Official Journal of the European Union L 271/41

POLITICAL AND SECURITY COMMITTEE DECISION BiH/7/2005

of 20 September 2005

on the appointment of the Head of the EU Command Element at Naples for the European Union military operation in Bosnia and Herzegovina

(2005/714/CFSP)

THE POLITICAL AND SECURITY COMMITTEE,

Having regard to the Treaty on European Union, and in particular Article 25, third paragraph, thereof,

Having regard to the Council Joint Action 2004/570/CFSP of 12 July 2004 on the European Union military operation in Bosnia and Herzegovina (1), and in particular Article 6 thereof,

Whereas:

(1) By Exchange of Letters between the Secretary-General/High Representative and the NATO Secretary-General on 28 September 2004 and on 8 October 2004, respectively, the North Atlantic Council has agreed to make available the Chief of Staff of the Joint Force Command Headquarters Naples as Head of the EU Command Element at Naples.

(2) The EU Military Committee has supported the recommendation by the EU Operation Commander to appoint the Chief of Staff of the Joint Force Command Headquarters Naples, Lieutenant General (select) Giuseppe MARANI, as Head of the EU Command Element at Naples for the European Union military operation in Bosnia and Herzegovina.

(3) Pursuant to Article 6 of Joint Action 2004/570/CFSP, the Council authorised the Political and Security Committee (PSC) to exercise the political and strategic direction of the EU military operation.

(4) In conformity with Article 6 of the Protocol on the position of Denmark annexed to the Treaty on European Union and to the Treaty establishing the European Community, Denmark does not participate in the elaboration and implementation of decisions and actions of the European Union which have defence implications.

(5) The Copenhagen European Council adopted on 12 and 13 December 2002 a Declaration stating that the ‘Berlin plus’ arrangements and the implementation thereof will apply only to those EU Member States which are also either NATO members or parties to the ‘Partnership for Peace’ and which have consequently concluded bilateral security agreements with NATO,

HAS DECIDED AS FOLLOWS:

Article 1

Lieutenant General (select) Giuseppe MARANI is hereby appointed Head of the EU Command Element at Naples for the European Union military operation in Bosnia and Herzegovina.

Article 2

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

Done at Brussels, 20 September 2005. For the Political and Security Committee The Chairperson J. KING

(1) OJ L 252, 28.7.2004, p. 10.
EN Official Journal of the European Union L 312/58

COUNCIL DECISION

of 21 November 2005

appointing a member of the Economic and Social Committee

(2005/837/EC, Euratom)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 259 thereof,

Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Article 167 thereof,

Having regard to the Council Decision 2002/758/EC, Euratom of 17 September 2002 appointing the members of the Economic and Social Committee for the period from 21 September 2002 to 20 September 2006 (1),

Whereas a member's seat on the above Committee has fallen vacant following the resignation of Ms Sheila RITCHIE,

Having regard to the nomination submitted by the United Kingdom Government,

Having obtained the opinion of the European Commission,

HAS DECIDED AS FOLLOWS:

Article 1

Mr Kenneth FRASER is hereby appointed a member of the Economic and Social Committee in place of Ms Sheila RITCHIE for the remainder of her term of office, namely until 20 September 2006.

Article 2

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

It shall take effect on the date of its adoption.

Done at Brussels, 21 November 2005. For the Council The President J. STRAW

(1) OJ L 253, 21.9.2002, p. 9.