ddrg/super_eurlex huggingface dataset:
(2)

Annex II is amended as follows: (a) point C is replaced by the following: ‘C. In the case of diseases of terrestrial animals referred to in list A.2 of Annex I: — The confirmation of any outbreak, infection or presence of the disease agent in a herd as laid down in Annexes A and D to Directive 64/432/EEC or in a holding as laid down in Annex A to Council Directive 91/68/EEC (1), or the withdrawal of the officially free status to any such herd or holding due to the laboratory or epidemiological investigation as laid down in Annexes A and D to Directive 64/432/EEC or in Annex A to Directive 91/68/EEC in a Member State or region thereof officially free from the diseases in accordance with those Directives and not epidemiologically linked with a previous outbreak shall be notified as a primary outbreak as defined in Article 2(d) and shall be notified to the Commission and Member States within one week. — Any other confirmation of an outbreak, infection or presence of the disease agent or withdrawal of the officially free status to any herd or holding due to the laboratory or epidemiological investigation as laid down in Annexes A and D to Directive 64/432/EEC or in Annex A to Directive 91/68/EEC in a Member State or region thereof officially free from the diseases in accordance with those Directives shall be notified as secondary outbreaks, in accordance with Article 4(1) of this Directive. — Secondary outbreaks shall be notified to the Commission and the Member States on a monthly basis. — In the case of bovine tuberculosis, bovine brucellosis and ovine and caprine brucellosis the name of the pathogen species shall also be included in the notification when known. (b) the following point is added: ‘D. In the case of diseases of aquaculture animals referred to in point B of Annex I: — The confirmation of any outbreak of an exotic disease and of outbreaks of non-exotic diseases in previously disease-free Member States, zones or compartments as defined in Council Directive 2006/88/EC (2) shall be notified as primary outbreaks. — Other outbreaks than those mentioned in the first indent shall be notified as secondary outbreaks in accordance with Article 4(1) of this Directive. — Secondary outbreaks shall be notified to the Commission and the Member States on monthly basis. The name and description of the zone or compartment shall also be included in the notification.
(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 L 352/59

COMMISSION IMPLEMENTING DECISION

of 19 December 2012

amending Decision 96/565/Euratom, EC authorising Sweden 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) 9547)

(Only the Swedish text is authentic)

(2012/816/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 380 of Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax (2), Sweden may continue to exempt the supply of services by authors, artists and performers, listed in point 2 of Annex X, Part B, and the transactions listed in points 1, 9 and 10 of Annex X, Part B, for as long as the same exemptions are applied in any of the Member States which were members of the Community on 31 December 1994; these transactions must be taken into account for the determination of the VAT resources base.

(2) In the case of Sweden, the Commission, on the basis of Regulation (EEC, Euratom) No 1553/89, adopted Decision 96/565/Euratom, EC (3) authorising Sweden, with effect from 1 January 1995, to use certain approximate estimates for the calculation of the VAT own resources base.

(3) Since 1 January 1997, as long as copyrights and royalties are concerned, Sweden has taxed the transactions referred to in point 2 of Annex X, Part B to Directive 2006/112/EC; the authorisation granted in this connection should be discontinued with effect from that date.

(4) The Commission invited Sweden to verify whether those authorisations granted to Sweden with no explicit limitation in time, were still needed and to confirm this to the Commission; Sweden confirmed that authorisation to use approximate estimates for the transactions mentioned in point 2 of Annex X, Part B to Directive 2006/112/EC would not apply any longer for copyrights and royalties.

(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 2.2 of Decision 96/565/Euratom, EC is hereby deleted.

Article 2

This Decision is addressed to the Kingdom of Sweden.

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 247, 28.9.1996, p. 41.
EN Official Journal of the European Union L 29/3

COMMISSION DECISION

of 2 March 2011

on the conclusion of the Agreement for cooperation in the peaceful uses of nuclear energy between the European Atomic Energy Community and the Government of Australia

(2012/55/Euratom)

THE EUROPEAN COMMISSION,

Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Article 101, the second paragraph thereof,

Having regard to the approval of the Council,

Whereas:

The Agreement for cooperation in the peaceful uses of nuclear energy between the European Atomic Energy Community and the Government of Australia should be concluded,

HAS ADOPTED THIS DECISION:

Article 1

The Agreement for cooperation in the peaceful uses of nuclear energy between the European Atomic Energy Community and the Government of Australia is hereby approved on behalf of the European Atomic Energy Community. The text of the Agreement is attached to this Decision.

Article 2

The President of the Commission or the Member of the Commission responsible for Energy are hereby authorised to sign the Agreement and to carry out all necessary steps for the entry into force of this Agreement to be concluded on behalf of the European Atomic Energy Community.
EN Official Journal of the European Union L 144/41

COMMISSION IMPLEMENTING DECISION

of 1 June 2012

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

(notified under document C(2012) 3496)

(Only the German text is authentic)

(2012/288/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 26 February 2010 the company Wacker Chemie GmbH made a request to the competent authorities of Ireland to place γ-Cyclodextrin on the market as novel food ingredient. Gamma-Cyclodextrin is a digestible carbohydrate to be added to foods.

(2) On 9 July 2010 the competent food assessment body of Ireland issued its initial assessment report. In this report it came to the conclusion that the company Wacker Chemie GmbH had provided sufficient information to authorise the placing on the market of γ-Cyclodextrin as a novel food ingredient.

(3) The Commission forwarded the initial assessment report to all Member States on 19 July 2010.

(4) Within the 60-day period laid down in Article 6(4) of Regulation (EC) No 258/97 reasoned objections were raised in accordance with that provision. In particular, objections which concerned the absorption of fat soluble vitamins were raised. In accordance with the provisions of Article 7(1) a Commission Implementing Decision is required that takes into account the objections raised. Additional explanations by the applicant alleviated these concerns to the satisfaction of Member States and the Commission.

(5) The intentional addition of γ-Cyclodextrin to food for technological purposes falls within the scope of Regulation (EC) No 1333/2008 of the European Parliament and of the Council of 16 December 2008 on food additives (2) and should be authorised in accordance with that regulation.

(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

Gamma-Cyclodextrin as specified in the Annex may be placed on the market as a novel food ingredient.

Article 2

The designation of γ-Cyclodextrin authorised by this Decision on the labelling of the foodstuffs containing it shall be ‘Gamma-Cyclodextrin’ or ‘γ-Cyclodextrin’.

Article 3

This Decision is addressed to Wacker Chemie AG, Hanns Seidel Platz 4, 81737 München, Germany.

Done at Brussels, 1 June 2012. For the Commission John DALLI Member of the Commission

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

(2) OJ L 354, 31.12.2008, p. 16.
EN Official Journal of the European Union L 188/1

COUNCIL DECISION

of 10 July 2012

on the position to be taken by the European Union in the EEA Joint Committee concerning an amendment to Annex XIII (Transport) to the EEA Agreement

(2012/399/EU)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Articles 91(1) in conjunction with 218(9) thereof,

Having regard to the 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) Annex XIII to the Agreement on the European Economic Area (2) (‘the EEA Agreement’) contains specific provisions and arrangements concerning transport.

(2) Directive 2006/38/EC of the European Parliament and of the Council of 17 May 2006 amending Directive 1999/62/EC on the charging of heavy goods vehicles for the use of certain infrastructures (3) should be incorporated into the EEA Agreement.

(3) It is appropriate to include in the EEA Agreement a provision allowing for an adaptation in relation to tolling arrangements on the trans-European road network in Norway.

(4) Annex XIII to the EEA Agreement should therefore be amended accordingly.

(5) The position of the Union in the EEA Joint Committee should be based on the attached draft Decision,

HAS ADOPTED THIS DECISION:

Article 1

The position to be taken by the European Union in the EEA Joint Committee on the proposed amendment to Annex XIII (Transport) to the EEA Agreement 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, 10 July 2012. For the Council The President V. SHIARLY

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

(2) OJ L 1, 3.1.1994, p. 3.

(3) OJ L 157, 9.6.2006, p. 8.
EN Official Journal of the European Union L 211/7

COMMISSION DECISION

of 2 August 2012

adjusting the weightings applicable from 1 August 2010, 1 September 2010, 1 October 2010, 1 November 2010, 1 December 2010, 1 January 2011, 1 February 2011, 1 March 2011, 1 April 2011, 1 May 2011 and 1 June 2011 to the remuneration of officials, temporary staff and contract staff of the European Union serving in third countries

(2012/465/EU)

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 336 thereof,

Having regard to the Staff Regulations of Officials and the Conditions of Employment of Other Servants of the European Union, as laid down by Regulation (EEC, Euratom, ECSC) No 259/68 of the Council (1), and in particular the second paragraph of Article 13 of Annex X thereto,

Whereas:

(1) In accordance with the first paragraph of Article 13 of Annex X to the Staff Regulations, the weightings to be applied from 1 July 2010 to the remuneration of officials, temporary staff and contract staff of the European Union serving in third countries payable in the currency of their country of employment were laid down by Council Regulation (EU) No 964/2011 (2).

(2) Some of these weightings need to be adjusted in accordance with the second paragraph of Article 13 of Annex X to the Staff Regulations, with effect from 1 August, 1 September, 1 October, 1 November, 1 December 2010 and 1 January, 1 February, 1 March, 1 April, 1 May and 1 June 2011 since the statistics available to the Commission show that in certain third countries the variation in the cost of living measured on the basis of the weighting and the corresponding exchange rate has exceeded 5 % since weightings were last laid down,

HAS ADOPTED THIS DECISION:

Article 1

The weightings applied to the remuneration of officials, temporary staff and contract staff of the European Union serving in third countries, payable in the currency of the country of employment, shall be adjusted for certain countries as shown in the Annex hereto. It contains 11 monthly tables showing which countries are affected and the applicable dates for each one.

The exchange rates used for the calculation of this remuneration shall be established in accordance with the detailed rules for the implementation of the Financial Regulation and correspond to the dates referred to in the first paragraph.

Article 2

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

Done at Brussels, 2 August 2012. For the Commission, On behalf of the President, Catherine ASHTON Vice-President

(1) OJ L 56, 4.3.1968, p. 1.

(2) OJ L 253, 29.9.2011, p. 1.
EN Official Journal of the European Union L 266/37

COUNCIL DECISION

of 24 September 2012

on the position to be taken by the European Union within the EU-ICAO Joint Committee, concerning the Decision on the adoption of an Annex on aviation security to the Memorandum of Cooperation between the European Union and the International Civil Aviation Organization providing a framework for enhanced cooperation

(2012/534/EU)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 100(2) in conjunction with Article 218(9) thereof,

Having regard to the proposal from the European Commission,

Whereas:

(1) Council Decision 2012/243/EU of 8 March 2012 on the conclusion of a Memorandum of Cooperation between the European Union and the International Civil Aviation Organization providing a framework for enhanced cooperation, and laying down procedural arrangements related thereto (1) (‘Memorandum of Cooperation’), entered into force on 29 March 2012.

(2) Pursuant to Article 7.3(c) of the Memorandum of Cooperation, the Joint Committee established by Article 7.1 of the Memorandum of Cooperation may adopt annexes to the Memorandum of Cooperation.

(3) It is appropriate to establish the position to be taken by the European Union within the Joint Committee with regard to the adoption of an annex on aviation security to be added to the Memorandum of Cooperation,

HAS ADOPTED THIS DECISION:

Article 1

The position to be taken by the European Union within the EU-ICAO Joint Committee, as referred to in Article 7.3(c) of the Memorandum of Cooperation between the European Union and the International Civil Aviation Organization providing a framework for enhanced cooperation (‘the Memorandum of Cooperation’), with regard to the adoption of an Annex on aviation security to the Memorandum of Cooperation, shall be based on the draft Decision of the EU-ICAO Joint Committee, attached to this Decision.

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 S. ALETRARIS

(1) OJ L 121, 8.5.2012, p. 16.
EN Official Journal of the European Union L 300/34

COUNCIL DECISION

of 9 October 2012

on the signing, on behalf of the European Union, of the Fisheries Partnership Agreement between the European Union and the Republic of Mauritius

(2012/670/EU)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 43(2), in conjunction with Article 218(5) thereof,

Having regard to the proposal from the European Commission,

Whereas:

(1) The Union negotiated with the Republic of Mauritius a Fisheries Partnership Agreement, providing EU vessels with fishing opportunities in the waters over which Republic of Mauritius exercises its sovereignty or jurisdiction.

(2) As a result of these negotiations, a Fisheries Partnership Agreement between the European Union and the Republic of Mauritius (‘the Fisheries Partnership Agreement’) was initialled on 23 February 2012.

(3) The Agreement between the European Economic Community and the Government of Mauritius on fishing in Mauritian waters (1) is to be replaced by the Fisheries Partnership Agreement.

(4) The Fisheries Partnership Agreement should be signed,

HAS ADOPTED THIS DECISION:

Article 1

The signing of the Fisheries Partnership Agreement between the European Union and the Republic of Mauritius is hereby authorised on behalf of the Union, subject to its conclusion (2).

Article 2

The President of the Council is hereby authorised to designate the person(s) empowered to sign the Fisheries Partnership Agreement on behalf of the Union.

Article 3

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

Done at Luxembourg, 9 October 2012. For the Council The President V. SHIARLY

(1) OJ L 159, 10.6.1989, p. 2.

(2) The text of the Agreement will be published together with the decision on its conclusion.
EN Official Journal of the European Union L 288/1

COUNCIL DECISION

of 15 October 2012

concerning the signing, on behalf of the Union, of the Agreement between the European Union and the Republic of Cape Verde on facilitating the issue of short-stay visas to citizens of the Republic of Cape Verde and of the European Union

(2012/649/EU)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular point (a) of Article 77(2), in conjunction with Article 218(5), thereof,

Having regard to the proposal from the European Commission,

Whereas:

(1) On 4 June 2009, the Council authorised the Commission to open negotiations with the Republic of Cape Verde on facilitating the issue of short-stay visas. The negotiations were successfully concluded and the Agreement between the European Union and the Republic of Cape Verde on facilitating the issue of short-stay visas to citizens of the Republic of Cape Verde and of the European Union (‘the Agreement’) was initialled on 24 April 2012.

(2) The Agreement should be signed, on behalf of the Union, subject to its conclusion.

(3) This Decision constitutes a development of the provisions of the Schengen acquis, in which the United Kingdom does not take part, in accordance with Council Decision 2000/365/EC of 29 May 2000 concerning the request of the United Kingdom of Great Britain and Northern Ireland to take part in some of the provisions of the Schengen acquis (1); the United Kingdom is therefore not taking part in its adoption and is not bound by it or subject to its application.

(4) This Decision constitutes a development of the provisions of the Schengen acquis, in which Ireland does not take part, in accordance with Council Decision 2002/192/EC of 28 February 2002 concerning Ireland’s request to take part in some of the provisions of the Schengen acquis (2); Ireland is therefore not taking part in its adoption and is not bound by it or subject to its application.

(5) In accordance with Articles 1 and 2 of the Protocol (No 22) on the position of Denmark, annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, Denmark is not taking part in the adoption of this Decision and is not bound by it or subject to its application,

HAS ADOPTED THIS DECISION:

Article 1

The signing, on behalf of the Union, of the Agreement between the European Union and the Republic of Cape Verde on facilitating the issue of short-stay visas to citizens of the Republic of Cape Verde and of the European Union is hereby authorised, 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.

Article 3

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

Done at Luxembourg, 15 October 2012. For the Council The President C. ASHTON

(1) OJ L 131, 1.6.2000, p. 43.

(2) OJ L 64, 7.3.2002, p. 20.

(3) The text of the Agreement will be published together with the decision on its conclusion.