ddrg/super_eurlex huggingface dataset:
EN Official Journal of the European Union L 263/42

COUNCIL DECISION

of 24 September 2012

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

(2012/525/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 German Government,

Whereas:

(1) On 22 December 2009 and on 18 January 2010, the Council adopted Decisions 2009/1014/EU (1) and 2010/29/EU (2) appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2010 to 25 January 2015.

(2) A member’s seat on the Committee of the Regions has become vacant following the end of the term of office of Mr Peter MÜLLER.

(3) An alternate member’s seat has become vacant following the end of the term of office of Mr Stephan TOSCANI,

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 member: — Ms Helma KUHN-THEIS, Bevollmächtigte für Europaangelegenheiten; and

(b) as alternate member: — Ms Isolde RIES, Vizepräsidentin des Landtages des Saarlandes.

Article 2

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

Done at Brussels, 24 September 2012. For the Council The President A. D. MAVROYIANNIS

(1) OJ L 348, 29.12.2009, p. 22.

(2) OJ L 12, 19.1.2010, p. 11.
EN Official Journal of the European Union L 263/44

COUNCIL DECISION 2012/527/CFSP

of 27 September 2012

amending Decision 2010/573/CFSP concerning restrictive measures against the leadership of the Transnistrian region of the Republic of Moldova

THE COUNCIL OF THE EUROPEAN UNION,

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

Whereas:

(1) On 27 September 2010, the Council adopted Decision 2010/573/CFSP concerning restrictive measures against the leadership of the Transnistrian region of the Republic of Moldova (1).

(2) In view of the progress in reaching a political settlement of the Transnistrian conflict and in restoring the free movement of persons across the administrative boundary of the Transnistrian region, the restrictive measures applying with respect to Annex I to Decision 2010/573/CFSP should be lifted.

(3) The restrictive measures applying with respect to Annex II to Decision 2010/573/CFSP should be extended until 30 September 2013. However, in order to encourage progress in addressing the remaining problems regarding the Latin-script schools, the persons included in the list set out in Annex II to Decision 2010/573/CFSP should be removed from the list.

(4) Decision 2010/573/CFSP should therefore be amended accordingly,

HAS ADOPTED THIS DECISION:

Article 1

Decision 2010/573/CFSP is hereby amended as follows:

(1) Article 1 is amended as follows: (a) paragraph 1 is replaced by the following: ‘1. Member States shall take the necessary measures to prevent the entry into, or transit through, their territories of the persons who are responsible for the design and implementation of the campaign of intimidation and closure against Latin-script Moldovan schools in the Transnistrian region of the Republic of Moldova, as listed in the Annex.’; (b) paragraph 8 is replaced by the following: ‘8. In cases where pursuant to paragraphs 3, 4, 6 and 7, a Member State authorises the entry into, or transit through, its territory of persons listed in the Annex, the authorisation shall be limited to the purpose for which it is given and to the persons concerned thereby.’;

(2) Article 2 is replaced by the following: ‘Article 2 The Council, acting upon a proposal by a Member State or the High Representative of the Union for Foreign Affairs and Security Policy, shall adopt modifications to the list contained in the Annex as required by relevant developments in the Republic of Moldova.’;

(3) Article 4 is replaced by the following: ‘Article 4 1. This Decision shall enter into force on the date of its adoption. 2. This Decision shall apply until 30 September 2013. It shall be kept under constant review. It may be renewed or amended, as appropriate, if the Council deems that its objectives have not been met.’;

(4) Annex I is deleted;

(5) Annex II is replaced by the text appearing in the Annex to this Decision.

Article 2

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

Done at Brussels, 27 September 2012. For the Council The President A. D. MAVROYIANNIS

(1) OJ L 253, 28.9.2010, p. 54.
EN Official Journal of the European Union C 334/2

COUNCIL DECISION

of 29 October 2012

appointing an alternate member of the Governing Board of the European Foundation for the Improvement of Living and Working Conditions for Denmark

2012/C 334/02

THE COUNCIL OF THE EUROPEAN UNION,

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

Having regard to Council Regulation (EEC) No 1365/75 of 26 May 1975 on the creation of a European Foundation for the Improvement of Living and Working Conditions (1), and in particular Article 6 thereof,

Having regard to the lists of candidates submitted to the Council by the Governments of the Member States and by the employees' and employers' organisations,

Whereas:

(1) By its Decisions of 22 November 2010 (2), 7 March 2011 (3), 12 July 2011 (4) and 20 September 2011 (5), the Council appointed the members and alternate members of the Governing Board of the European Foundation for the Improvement of Living and Working Conditions for the period ending on 30 November 2013, with the exception of certain members.

(2) The employees' organisation ETUC has submitted a nomination for one post to be filled,

HAS ADOPTED THIS DECISION:

Article 1

The following is appointed alternate member of the Governing Board of the European Foundation for the Improvement of Living and Working Conditions for the period ending on 30 November 2013:

REPRESENTATIVES OF EMPLOYEES' ORGANISATIONS

Country Member Alternate Denmark Ms Heidi RØNNE MØLLER

Article 2

The Council will appoint the members and alternate members not yet nominated at a later date.

Article 3

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

Done at Luxembourg, 29 October 2012. For the Council The President E. FLOURENTZOU

(1) OJ L 139, 30.5.1975, p. 1.

(2) OJ C 322, 27.11.2010, p. 8.

(3) OJ C 83, 17.3.2011, p. 4.

(4) OJ C 208, 14.7.2011, p. 3.

(5) OJ C 278, 22.9.2011, p. 2.
EN Official Journal of the European Union L 323/17

COUNCIL DECISION

of 13 November 2012

on the launch of automated data exchange with regard to Vehicle Registration Data (VRD) in Lithuania

(2012/713/EU)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to Council Decision 2008/615/JHA of 23 June 2008 on the stepping up of cross-border cooperation, particularly in combating terrorism and cross-border crime (1), in particular Article 25 thereof,

Having regard to Council Decision 2008/616/JHA of 23 June 2008 on the implementation of Decision 2008/615/JHA (2), in particular Article 20 and Chapter 4 of the Annex thereto,

Whereas:

(1) According to the Protocol on Transitional Provisions annexed to the Treaty on European Union, to the Treaty on the Functioning of the European Union and to the Treaty establishing the European Atomic Energy Community, the legal effects of the acts of the institutions, bodies, offices and agencies of the Union adopted prior to the entry into force of the Treaty of Lisbon are preserved until those acts are repealed, annulled or amended in implementation of the Treaties.

(2) Accordingly, Article 25 of Decision 2008/615/JHA is applicable and the Council must unanimously decide whether the Member States have implemented the provisions of Chapter 6 of that Decision.

(3) Article 20 of Decision 2008/616/JHA provides that decisions referred to in Article 25(2) of Decision 2008/615/JHA are to be taken on the basis of an evaluation report based on a questionnaire. With respect to automated data exchange in accordance with Chapter 2 of Decision 2008/615/JHA, the evaluation report is to be based on an evaluation visit and a pilot run.

(4) According to Chapter 4, point 1.1, of the Annex to Decision 2008/616/JHA, the questionnaire drawn up by the relevant Council Working Group concerns each of the automated data exchanges and has to be answered by a Member State as soon as it believes it fulfils the prerequisites for sharing data in the relevant data category.

(5) Lithuania has completed the questionnaire on data protection and the questionnaire on Vehicle Registration Data (VRD).

(6) A successful pilot run has been carried out by Lithuania with the Netherlands.

(7) An evaluation visit has taken place in Lithuania and a report on the evaluation visit has been produced by the Belgian/Dutch evaluation team and forwarded to the relevant Council Working Group.

(8) An overall evaluation report, summarising the results of the questionnaire, the evaluation visit and the pilot run concerning VRD has been presented to the Council,

HAS ADOPTED THIS DECISION:

Article 1

For the purposes of automated searching of vehicle registration data (VRD), Lithuania has fully implemented the general provisions on data protection of Chapter 6 of Decision 2008/615/JHA and is entitled to receive and supply personal data pursuant to Article 12 of that Decision as from the date of the entry into force of this Decision.

Article 2

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

Done at Brussels, 13 November 2012. For the Council The President V. SHIARLY

(1) OJ L 210, 6.8.2008, p. 1.

(2) OJ L 210, 6.8.2008, p. 12.
(1)

Article 1(4) is replaced by the following: ‘4. By way of derogation from paragraph 1, the competent authorities of a Member State, may authorise the release of certain frozen funds or economic resources, provided the following conditions are met: (a) the funds or economic resources are the subject of an arbitral decision rendered prior to the date on which the natural or legal person, entity or body referred to in paragraph 1 was listed in the Annex or of a judicial or administrative decision rendered in the Union, or a judicial decision enforceable in the Member State concerned, prior to or after that date; (b) the funds or economic resources will be used exclusively to satisfy claims secured by such a decision or recognised as valid in such a decision, within the limits set by applicable laws and regulations governing the rights of persons having such claims; (c) the decision is not for the benefit of a natural or legal person, entity or body listed in the Annex; and (d) recognising the decision is not contrary to public policy in the Member State concerned. The Member State concerned shall inform the other Member States and the Commission of any authorisation granted under this paragraph.’;
EN Official Journal of the European Union C 378/3

COUNCIL DECISION

of 6 December 2012

adopting the Council's position on draft amending budget No 6 of the European Union for the financial year 2012

2012/C 378/04

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 314 thereof, in conjunction with the Treaty establishing the European Atomic Energy Community, and in particular Article 106a thereof,

Having regard to Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (1), as last amended by Regulation (EU, Euratom) No 1081/2010 of the European Parliament and of the Council of 24 November 2010 (2), and in particular Article 37 thereof,

Whereas:

— the Union's budget for the financial year 2012 was definitively adopted on 1 December 2011 (3),

— on 25 October 2012, the Commission submitted a proposal containing draft amending budget No 6 to the general budget for the financial year 2012,

— given the fact that draft amending budget No 6 to the general budget for 2012 needs to be implemented within the financial year 2012 for reasons of sound financial management, it is justified to shorten the 8-week period laid down in Article 4 of Protocol No 1 on the information of National Parliaments, as well as the 10-day period for placing the item on the Council's provisional agenda, in accordance with Article 3(3) of the Council's Rules of Procedure,

— the Council's position is taken in conjunction with the adoption of its position on the draft budget of the European Union for the financial year 2013 and is subject to the European Parliament's approval of the latter position,

HAS DECIDED AS FOLLOWS:

Sole Article

The Council's position on draft amending budget No 6 of the European Union for the financial year 2012 was adopted on 6 December 2012.

The full text can be accessed for consultation or downloading on the Council's website: http://www.consilium.europa.eu/

This Decision shall apply from the date of the European Parliament's approval of the Council's position on the draft budget of the European Union for the financial year 2013.

Done at Brussels, 6 December 2012. For the Council The President L. LOUCA

(1) OJ L 248, 16.9.2002, p. 1, with corrigenda in OJ L 25, 30.1.2003, p. 43 and in OJ L 99, 14.4.2007, p. 18.

(2) OJ L 311, 26.11.2010, p. 9.

(3) OJ L 56, 29.2.2012, with corrigendum in OJ L 79, 19.3.2012.
EN Official Journal of the European Union L 352/62

COMMISSION IMPLEMENTING DECISION

of 19 December 2012

repealing Decision 90/182/Euratom, EEC authorising the United Kingdom not to take into account certain categories of transactions and to use certain approximate estimates for the calculation of the VAT own resources base

(notified under document C(2012) 9556)

(Only the English text is authentic)

(2012/819/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 13 thereof,

Whereas:

(1) Under Article 371 of Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax (2), Member States which, at 1 January 1978, exempted the transactions listed in Annex X, Part B, may continue to exempt those transactions, in accordance with the conditions applying in the Member State concerned on that date; these transactions must be taken into account for the determination of the VAT resources base.

(2) In the case of the United Kingdom, the Commission, on the basis of Regulation (EEC, Euratom) No 1553/89, adopted Decision 90/182/Euratom, EEC (3) authorising the United Kingdom, with effect from 1 January 1989, not to take into account certain categories of transactions and to use certain approximate estimates for the calculation of the VAT own resources base.

(3) The Commission invited the United Kingdom to verify whether those authorisations granted to the United Kingdom with no explicit limitation in time, were still needed and to confirm this to the Commission; the United Kingdom confirmed that the authorisation to use approximate estimates in respect of the transactions mentioned in point 7 of Annex X, Part B of Directive 2006/112/EC was no longer needed due to the changes in the methodology.

(4) For the sake of clarity and transparency of Union rules, provisions that have become obsolete or have ceased to have effect should be repealed.

(5) The measures provided for in this Decision are in accordance with the opinion of the Advisory Committee on Own Resources,

HAS ADOPTED THIS DECISION:

Article 1

Decision 90/182/Euratom, EEC is hereby repealed.

Article 2

This Decision is addressed to the United Kingdom of Great Britain and Northern Ireland.

Done at Brussels, 19 December 2012. For the Commission Janusz LEWANDOWSKI Member of the Commission

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

(2) OJ L 347, 11.12.2006, p. 1.

(3) OJ L 99, 19.4.1990, p. 33.
EN Official Journal of the European Union L 352/67

COMMISSION IMPLEMENTING DECISION

of 19 December 2012

amending Decision 90/183/Euratom, EEC authorising Ireland not to take into account certain categories of transactions and to use certain approximate estimates for the calculation of the VAT own resources base

(notified under document C(2012) 9570)

(Only the English text is authentic)

(2012/823/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 13 thereof,

Whereas:

(1) Under Article 370 of Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax (2), Member States which, at 1 January 1978, taxed the transactions listed in Annex X, Part A, may continue to tax those transactions; these transactions must be taken into account for the determination of the VAT resources base.

(2) Under Article 371 of Directive 2006/112/EC, Member States which, at 1 January 1978, exempted the transactions listed in Annex X, Part B, may continue to exempt those transactions, in accordance with the conditions applying in the Member State concerned on that date; these transactions must be taken into account for the determination of the VAT resources base.

(3) In the case of Ireland, the Commission, on the basis of Regulation (EEC, Euratom) No 1553/89, adopted Decision 90/183/Euratom, EEC (3) authorising Ireland, with effect from 1989, not to take into account certain categories of transactions and to use certain approximate estimates for the calculation of the VAT own resources base.

(4) The Commission invited Ireland to verify whether those authorisations granted to Ireland with no explicit limitation in time, were still needed and to confirm this to the Commission; Ireland confirmed that authorisation to use approximate estimates for the transactions mentioned in point 13 of Annex X, Part B to Directive 2006/112/EC had been replaced by the introduction of the margin scheme and was no longer needed.

(5) For the sake of clarity and transparency of Union rules, provisions that have become obsolete or have ceased to have effect should be repealed.

(6) The measures provided for in this Decision are in accordance with the opinion of the Advisory Committee on Own Resources,

HAS ADOPTED THIS DECISION:

Article 1

Article 2 point 5 of Decision 90/183/Euratom, EEC is hereby deleted.

Article 2

This Decision is addressed to Ireland.

Done at Brussels, 19 December 2012. For the Commission Janusz LEWANDOWSKI Member of the Commission

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

(2) OJ L 347, 11.12.2006, p. 1.

(3) OJ L 99, 19.4.1990, p. 35.
EN Official Journal of the European Union L 352/55

COMMISSION IMPLEMENTING DECISION

of 19 December 2012

amending Decision 90/178/Euratom, EEC authorising Luxembourg not to take into account certain categories of transactions and to use certain approximate estimates for the calculation of the VAT own resources base

(notified under document C(2012) 9533)

(Only the French text is authentic)

(2012/813/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 13 thereof,

Whereas:

(1) Under Article 370 of Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax (2), Member States which, at 1 January 1978, taxed the transactions listed in Annex X, Part A, may continue to tax those transactions; these transactions must be taken into account for the determination of the VAT resources base.

(2) Under Article 371 of Directive 2006/112/EC, Member States which, at 1 January 1978, exempted the transactions listed in Annex X, Part B, may continue to exempt those transactions, in accordance with the conditions applying in the Member State concerned on that date; these transactions must be taken into account for the determination of the VAT resources base.

(3) In the case of Luxembourg, the Commission, on the basis of Regulation (EEC, Euratom) No 1553/89, adopted Decision 90/178/Euratom, EEC (3) authorising Luxembourg, with effect from 1 January 1989, not to take into account certain categories of transactions and to use certain approximate estimates for the calculation of the VAT own resources base.

(4) The Commission invited Luxembourg to verify whether those authorisations granted to Luxembourg with no explicit limitation in time, were still needed and to confirm this to the Commission; Luxembourg confirmed that authorisation to use approximate estimates for the transactions mentioned in point 4 of Annex X, Part A to Directive 2006/112/EC was obsolete.

(5) For the sake of clarity and transparency of Community rules, provisions that have become obsolete or have ceased to have effect should be repealed.

(6) The measures provided for in this Decision are in accordance with the opinion of the Advisory Committee on Own Resources,

HAS ADOPTED THIS DECISION:

Article 1

Article 1(2) of Decision 90/178/Euratom, EEC is hereby deleted.

Article 2

This Decision is addressed to the Grand Duchy of Luxembourg.

Done at Brussels, 19 December 2012. For the Commission Janusz LEWANDOWSKI Member of the Commission

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

(2) OJ L 347, 11.12.2006, p. 1.

(3) OJ L 99, 19.4.1990, p. 26.
EN Official Journal of the European Union L 24/1

COUNCIL DECISION

of 23 January 2012

on the position to be taken by the European Union in the EEA Joint Committee concerning the setting-up of a Joint Working Group to monitor the implementation of Chapter IIa of Protocol 10 to the EEA Agreement on simplification of inspections and formalities in respect of carriage of goods and defining its rules of procedure

(2012/41/EU)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 114 and Articles 207(2) and 218(9) thereof,

Having regard to Council Regulation (EC) No 2894/94 of 28 November 1994 concerning arrangements for implementing the Agreement on the European Economic Area (1), and in particular Article 1(3) thereof,

Having regard to the proposal from the European Commission,

Whereas:

(1) Protocol 10 to the Agreement was amended by Decision of the EEA Joint Committee No 76/2009 of 30 June 2009 (2), with a view to inserting a new Chapter IIa on customs security measures.

(2) Article 9b of Protocol 10 provides that, in bilateral trade between the Contracting Parties, the application of customs security measures shall be waived, provided that there is an equivalent level of customs security on their respective territories.

(3) Article 9f of Protocol 10 also provides that the EEA Joint Committee shall define the rules allowing the Contracting Parties to ensure the monitoring of the implementation of Chapter IIa of that Protocol and to verify whether the provisions of Chapter IIa of and Annexes I and II to that Protocol are complied with,

HAS ADOPTED THIS DECISION:

Article 1

The position to be taken by the Union in the EEA Joint Committee on the setting-up of a Joint Working Group to monitor the implementation of Chapter IIa of Protocol 10 to the EEA Agreement on simplification of inspections and formalities in respect of carriage of goods and defining its rules of procedure shall be based on the draft Decision of the EEA Joint Committee attached to this Decision.

Article 2

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

Done at Brussels, 23 January 2012. For the Council The President M. GJERSKOV

(1) OJ L 305, 30.11.1994, p. 6.

(2) OJ L 232, 3.9.2009, p. 40.