ddrg/super_eurlex huggingface dataset:
Commission Decision

of 17 January 2003

amending Decision 93/52/EEC recording the compliance by certain Member States or regions with the requirements relating to brucellosis (B. melitensis) and according them the status of a Member State or region officially free of the disease

(notified under document number C(2003) 20)

(Text with EEA relevance)

(2003/44/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Directive 91/68/EEC of 28 January 1991 on animal health conditions governing intra-Community trade in ovine and caprine animals(1), as last amended by Commission Decision 2002/261/EC(2), and in particular Annex A, Chapter 1.II thereto,

Whereas:

(1) In Portugal, brucellosis has been a notifiable disease for at least five years.

(2) In the Autonomous Region of Azores at least 99,8 % of the ovine or caprine holdings are officially brucellosis-free holdings. This Region undertakes, furthermore, to comply with Annex A Chapter 1.II(2) to Directive 91/68/EEC.

(3) The Autonomous Region of Azores should consequently be recognised as officially free of brucellosis (B. melitensis).

(4) Commission Decision 93/52/EEC(3), as last amended by Decision 2002/482/EC(4), 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

Annex II to Decision 93/52/EEC is replaced by the text in the Annex to this Decision.

Article 2

This Decision is addressed to the Member States.

Done at Brussels, 17 January 2003.

For the Commission

David Byrne

Member of the Commission

(1) OJ L 46, 19.2.1991, p. 19.

(2) OJ L 91, 6.4.2002, p. 31.

(3) OJ L 13, 21.1.1993, p. 14.

(4) OJ L 166, 25.6.2002, p. 23.

ANNEX

"ANNEX II

In France:

Ain, Aisne, Allier, Ardèche, Ardennes, Aube, Aveyron, Cantal, Charente, Charente-Maritime, Cher, Corrèze, Côte-d'Or, Côtes-d'Armor, Creuse, Deux-Sèvres, Dordogne, Doubs, Essonne, Eure, Eure-et-Loir, Finistère, Gers, Gironde, Hauts-de-Seine, Haute-Loire, Haute-Vienne, Ille-et-Vilaine, Indre, Indre-et-Loire, Jura, Loir-et-Cher, Loire, Loire-Atlantique, Loiret, Lot-et-Garonne, Lot, Lozère, Maine-et-Loire, Manche, Marne, Mayenne, Morbihan, Nièvre, Nord, Oise, Orne, Pas-de-Calais, Puy-de-Dôme, Rhône, Haute-Saône, Saône-et-Loire, Sarthe, Seine-Maritime, Seine-Saint-Denis, Territoire de Belfort, Val-de-Marne, Val-d'Oise, Vendée, Vienne, Yonne, Yvelines, Ville de Paris, Vosges.

In Italy:

Bolzano.

In Portugal:

Autonomous Region of Azores.

In Spain:

Santa Cruz de Tenerife, Las Palmas."
Commission Decision

of 28 January 2003

extending the period referred to in Article 21(3) of Council Directive 2002/56/EC on the marketing of seed potatoes authorising Member States to extend the period of validity of decisions concerning equivalence of seed potatoes from third countries

(notified under document number C(2003) 351)

(Text with EEA relevance)

(2003/66/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Directive 2002/56/EC of 13 June 2002 on the marketing of seed potatoes(1), and in particular the second subparagraph of Article 21(3) thereof,

Whereas:

(1) Directive 2002/56/EC provides that, with effect from certain dates, Member States may no longer determine for themselves the equivalence of seed potatoes harvested in third countries with seed potatoes harvested within the Community and complying with that Directive.

(2) However, as work to establish a Community equivalence for seed potatoes from all the third countries concerned had not been completed, Directive 2002/56/EC permitted Member States to extend until 31 March 2002 the validity of equivalence decisions which they had already taken for seed potatoes from certain third countries not covered by a Community equivalence.

(3) In the absence of Community rules on the equivalence of seed potatoes harvested in third countries with seed potatoes harvested within the Community, the authorisation granted to Member States by Directive 2002/56/EC to extend the period of validity of equivalence decisions should be extended.

(4) The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on Seeds and Propagating Material for Agriculture, Horticulture and Forestry,

HAS ADOPTED THIS DECISION:

Article 1

In the first subparagraph of Article 21(3) of Directive 2002/56/EC, "31 March 2002" is replaced by "31 March 2005".

Article 2

This Decision is addressed to the Member States.

Done at Brussels, 28 January 2003.

For the Commission

David Byrne

Member of the Commission

(1) OJ L 193, 20.7.2002, p. 60.
Council Decision

of 18 February 2003

concerning the external auditors of the European Central Bank and Suomen Pankki

(2003/116/EC)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Protocol on the Statute of the European System of Central Banks and of the European Central Bank, and in particular to Article 27.1 thereof,

Having regard to the Recommendation of the European Central Bank (hereinafter referred to as the ECB) of 19 December 2002 to the Council of the European Union on the external auditors of the European Central Bank and Suomen Pankki(1),

Whereas:

(1) The accounts of the ECB and of the national central banks of the Eurosystem are to be audited by independent external auditors recommended by the Governing Council of the ECB and approved by the Council of the European Union.

(2) The mandate of the current external auditor of the ECB expires in 2003. It is therefore necessary to appoint an external auditor from 2003. The mandate of the external auditor should be for five years.

(3) The mandate of Suomen Pankki's external auditor was not renewed from 2003 due to the closure of the external auditor expected for the middle of 2003 and due to the policy of inviting tenders at regular intervals. It is therefore necessary to appoint an external auditor from 2003. The mandate of the external auditor should be for five years.

(4) It is appropriate to follow the above recommendation of the ECB and to approve the external auditors recommended by them,

HAS DECIDED AS FOLLOWS:

Article 1

1. KPMG Deutsche Treuhand-Gesellschaft AG Wirtschaftsprüfungsgesellschaft is approved as the external auditor of the ECB for a five-year period for the annual accounts starting from the financial year 2003.

2. Ernst and Young Oy is approved as the external auditor of Suomen Pankki for a five-year period for the annual accounts starting from the financial year 2003.

Article 2

This Decision shall be notified to the ECB.

Article 3

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

Done at Brussels, 18 February 2003.

For the Council

The President

N. Christodoulakis

(1) OJ C 331, 31.12.2002, p. 56.
Council Decision 2003/157/CFSP

of 19 December 2002

concerning the conclusion of the Agreement between the European Union and the Republic of Poland on the participation of this State to the European Union Police Mission (EUPM) in Bosnia and Herzegovina

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 11 March 2002, the Council adopted Joint Action 2002/210/CFSP on the European Union Police Mission(1).

(2) Article 8(3) of that Joint Action provides that detailed arrangements regarding the participation of third States to the EUPM shall be subject to agreements pursuant to Article 24 of the Treaty on European Union.

(3) Following the Council Decision of 14 October 2002 authorising the Presidency to open negotiations, the Presidency negotiated an Agreement with the Republic of Poland on its participation to the EUPM.

(4) This Agreement should be approved,

HAS DECIDED AS FOLLOWS:

Article 1

The Agreement between the European Union and the Republic of Poland on the participation of this State to the European Union Police Mission (EUPM) in Bosnia and Herzegovina is hereby approved on behalf of the European Union.

The text of this Agreement is attached to this Decision.

Article 2

The President of the Council is hereby authorised to designate the person(s) empowered to sign this 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 publication.

Done at Brussels, 19 December 2002.

For the Council

The President

L. Espersen

(1) OJ L 70, 13.3.2002, p. 1.
Council Decision

of 18 February 2003

appointing members of the Advisory Committee of the Euratom Supply Agency

(2003/C 50/01)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Atomic Energy Community, and in particular the second and third paragraphs of Article 54 thereof,

Having regard to Article X of the Statutes of the Euratom Supply Agency(1),as last amended by Decision 95/1/EC, Euratom, ECSC of 1 January 1995(2),

Having regard to the Council Decision of 27 September 2001 appointing the members of the Advisory Committee of the Euratom Supply Agency(3),

Having regard to the opinion of the Commission,

Whereas:

(1) Three members' seats on the aforementioned Committee have fallen vacant following the resignation of Mr Javier Arana, Mr Javier Villalba and Mr José Luis González, which was brought to the Council's attention on 2 October 2002.

(2) Those vacancies should be filled.

(3) Having regard to the nominations submitted by the Spanish Government on 2 October 2002,

HAS DECIDED AS FOLLOWS:

Sole Article

Mr José Manuel Redondo, Mr Eduardo González and Mr Germán García Calderón are hereby appointed members of the Advisory Committee of the Euratom Supply Agency for the remainder of the Committee's term of office, i.e. until 28 March 2003.

Done at Brussels, 18 February 2003.

For the Council

The President

N. Christodoulakis

(1) OJ 27, 6.12.1958, p. 534/58.

(2) OJ L 1, 1.1.1995, p. 1.

(3) OJ C 281, 5.10.2001, p. 3.
Commission Decision

of 9 April 2003

amending Decision 2000/690/EC setting up an Enterprise Policy Group

(Text with EEA relevance)

(2003/247/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES

Having regard to the Treaty establishing the European Community,

Whereas:

(1) By Commission Decision 2000/690/EC of 8 November 2000 setting up an Enterprise Policy Group(1) an Enterprise Policy Group was established, of which the Professional Chamber comprises up to 40 members. With a view to enlargement the number of members of the Professional Chamber, representing a wide range of expertise in domains of importance to enterprises, should be increased.

(2) Decision 2000/690/EC should therefore be amended accordingly,

HAS DECIDED AS FOLLOWS:

Sole Article

In the second indent of Article 2(1), of Decision 2000/690/EC the number "40" is replaced by "45".

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

Done at Brussels, 9 April 2003.

For the Commission

Erkki Liikanen

Member of the Commission

(1) OJ L 285, 10.11.2000, p. 24.
Council Decision

of 13 May 2003

authorising Germany to apply a measure derogating from Article 17 of the Sixth Directive 77/388/EEC on the harmonisation of the laws of the Member States relating to turnover taxes

(2003/354/EC)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community,

Having regard to the Sixth Council Directive 77/388/CEE of 17 May 1977 on the harmonisation of the laws of the Member States relating to turnover taxes - Common system of value added tax: uniform basis of assessment(1), and in particular Article 27(1) thereof,

Having regard to the proposal by the Commission(2),

Whereas:

(1) In a letter registered by the Commission's Secretariat-General on 17 December 2002 the German authorities requested authorisation to continue to apply a derogation which had been granted by Article 1 of Council Decision 2000/186/EC(3).

(2) The other Member States were informed of the request on 17 January 2003.

(3) The derogating measure is intended to exclude expenditure on goods and services completely from the right to deduct VAT when the goods and services are used more than 90 % for the private purposes of the taxable person, or of his employees, or for non-business purposes in general. This measure is a derogation from Article 17 of Directive 77/388/EEC, as amended by Article 28f of that Directive and is justified by the need to simplify the procedure for charging VAT; it affects the amount of tax due at the final consumption stage only to a negligible extent.

(4) The authorisation expired on 31 December 2002, although the legal situation and the facts which justified application of the simplification measure in question have not changed and continue to exist.

(5) The duration of the new authorisation should however be limited to 30 June 2004. This maximum period will allow the derogation to be evaluated in the light of the ruling on Case C-17/01, which the Court will probably deliver in the course of 2003.

(6) The derogation will not adversely affect the Communities' own resources from VAT,

HAS ADOPTED THIS DECISION:

Article 1

By way of derogation from Article 17(2) of Directive 77/388/EEC Germany is authorised to exclude expenditure on goods and services from the right to deduct VAT when the goods and services in question are used more than 90 % for the private purposes of a taxable person or of his employees, or, more generally, for non-business purposes.

Article 2

This Decision shall apply until 30 June 2004.

Article 3

This Decision is addressed to the Federal Republic of Germany.

Done at Brussels, 13 May 2003.

For the Council

The President

M. Chrisochoïdis

(1) OJ L 145, 13.6.1977, p. 1. Directive last amended by Directive 2002/93/EC (OJ L 331, 7.12.2002, p. 27).

(2) Proposal of 18 May 2003 (not yet published in the Official Journal).

(3) OJ L 59, 4.3.2000, p. 12.
Commission Decision

of 6 June 2003

amending Decision 96/603/EC establishing the list of products belonging to Classes A "No contribution to fire" provided for in Decision 94/611/EC implementing Article 20 of Council Directive 89/106/EEC on construction products

(notified under document number C(2003) 1673)

(Text with EEA relevance)

(2003/424/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Directive 89/106/EEC of 21 December 1988 on the approximation of laws, regulations and administrative provisions of the Member States relating to construction products(1), as amended by Directive 93/68/EEC(2),

Having regard to Commission Decision 2000/147/EC of 8 February 2000 implementing Council Directive 89/106/EEC as regards the classification of the reaction to fire performance of construction products(3), and in particular Article 1(1) thereof,

Whereas:

(1) Commission Decision 96/603/EC(4), as amended by Decision 2000/605/EC(5), established a list of products belonging to Classes A "No contribution to fire" provided for in Tables 1 and 2 of the Annex to Commission Decision 94/611/EC(6), which described the European classification system for expressing the reaction to fire performance of construction products.

(2) Decision 94/611/EC has been replaced by Decision 2000/147/EC.

(3) The notes for "Mortar with inorganic binding agents" in the table set out in the Annex to Decision 96/603/EC should be adapted to technical progress.

(4) Decision 96/603/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 Construction,

HAS ADOPTED THIS DECISION:

Article 1

In the table set out in the Annex to Decision 96/603/EC, for "Mortar with inorganic binding agents" the notes "Rendering/plastering mortars and mortars for floor screeds based on one or more inorganic binding agent(s), e.g. cement, lime, masonry cement and gypsum" are replaced by "Rendering/plastering mortars, mortars for floor screeds and masonry mortars based on one or more inorganic binding agent(s), e.g. cement, lime, masonry cement and gypsum".

Article 2

This Decision is addressed to the Member States.

Done at Brussels, 6 June 2003.

For the Commission

Erkki Liikanen

Member of the Commission

(1) OJ L 40, 11.2.1989, p. 12.

(2) OJ L 220, 30.8.1993, p. 1.

(3) OJ L 50, 23.2.2000, p. 14.

(4) OJ L 267, 19.10.1996, p. 23.

(5) OJ L 258, 12.10.2000, p. 36.

(6) OJ L 241, 19.9.1994, p. 25.
Council Decision

of 30 June 2003

appointing an alternate member of the Committee of the Regions

(2003/505/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) On 22 January 2002 the Council adopted Decision 2002/60/EC appointing the members and alternate members of the Committee of the Regions(1).

(2) The seat of an alternate member of the Committee of the Regions has become vacant following the expiry of the term of office of Mr Udo MIENTUS, of which the Council was notified on 13 June 2003,

HAS DECIDED AS FOLLOWS:

Sole Article

Mr Christian WULFF, First Minister of the Land of Niedersachsen, is hereby appointed an alternate member of the Committee of the Regions in place of Mr Udo MIENTUS for the remainder of his term of office, which ends on 25 January 2006.

Done at Brussels, 30 June 2003.

For the Council

The President

G. Papandreou

(1) OJ L 24, 26.1.2002, p. 38.
Commission Decision

of 22 July 2003

repealing Decision 2001/705/EC concerning certain protective measures with regard to certain fishery and aquaculture products intended for human consumption and originating in Indonesia

(notified under document number C(2003) 2437)

(Text with EEA relevance)

(2003/546/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Directive 97/78/EC of 18 December 1997 laying down the principles governing the organisation of veterinary checks on products entering the Community from third countries(1), and in particular Article 22(1) thereof,

Whereas:

(1) Commission Decision 2001/705/EC of 27 September 2001 concerning certain protective measures with regard to certain fishery and aquaculture products intended for human consumption and originating in Indonesia(2) was adopted because the presence of chloramphenicol was detected in shrimps imported from Indonesia.

(2) Decision 2001/705/EC provided that it should be reviewed on the basis of the guarantees provided by the competent authorities of Indonesia and on the basis of the results of the tests carried out by Member States.

(3) The Indonesian authorities have provided the appropriate guarantees, and the results of the checks carried out by Member States on shrimps imported from Indonesia have been favourable.

(4) The systematic controls on shrimps imported from Indonesia are therefore no longer necessary and Decision 2001/705/EC should be repealed.

(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 2001/705/EC is repealed.

Article 2

This Decision shall apply from 28 July 2003.

Article 3

This Decision is addressed to the Member States.

Done at Brussels, 22 July 2003.

For the Commission

David Byrne

Member of the Commission

(1) OJ L 24, 30.1.1998, p. 9.

(2) OJ L 260, 28.9.2001, p. 35.
Council Decision

of 21 July 2003

concerning the conclusion of the Agreement for scientific and technological cooperation between the European Community and the Republic of Chile

(2003/589/EC)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 170(2) thereof, in conjunction with the first sentence of the first subparagraph of Article 300(2) and Article 300(3) thereof,

Having regard to the proposal from the Commission(1),

Having regard to the opinion of the European Parliament(2),

Whereas:

(1) The Commission has negotiated with the Republic of Chile, on behalf of the Community, an Agreement for scientific and technological cooperation.

(2) This Agreement was signed, on behalf of the Community, on 23 September 2002 in Brussels, subject to a possible conclusion at a later date.

(3) The Agreement should be approved,

HAS DECIDED AS FOLLOWS:

Article 1

The Agreement for scientific and technological cooperation between the European Community and the Republic of Chile is hereby approved on behalf of the Community.

The text of the Agreement is attached to this Decision.

Article 2

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

Done at Brussels, 21 July 2003.

For the Council

The President

F. Frattini

(1) Proposal of 24 February 2003 (not yet published in the Official Journal).

(2) Opinion of 3 June 2003 (not yet published in the Official Journal).
Council Decision

of 29 September 2003

appointing an alternate member of the Committee of the Regions

(2003/697/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) The Council adopted Decision 2002/60/EC of 22 January 2002(1) appointing the members and alternate members of the Committee of the Regions.

(2) The seat of an alternate member of the Committee of the Regions has become vacant following the resignation of Mr Friedrich Wilhelm HEINRICHS, of which the Council was notified on 11 August 2003,

HAS DECIDED AS FOLLOWS:

Sole Article

Ms Maria Theresia OPLADEN, Bürgermeisterin von Bergisch-Gladbach, Erste Vizepräsidentin des Städte- und Gemeindebundes NRW, is hereby appointed an alternate member of the Committee of the Regions in place of Mr Friedrich Wilhelm HEINRICHS for the remainder of his term of office, which ends on 25 January 2006.

Done at Brussels, 29 September 2003.

For the Council

The President

F. Frattini

(1) OJ L 24, 26.1.2002, p. 38.