ddrg/super_eurlex huggingface dataset:
Decision of the European Parliament and of the Council

of 18 December 2003

on the mobilisation of the flexibility instrument in favour of the rehabilitation and reconstruction of Iraq according to point 24 of the Interinstitutional Agreement of 6 May 1999

(2004/155/EC)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Interinstitutional Agreement of 6 May 1999 between the European Parliament, the Council and the Commission on budgetary discipline and improvement of the budgetary procedure(1), and in particular point 24 thereof,

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

Whereas:

(1) Following the European Council of 19 and 20 June 2003 in Thessaloniki, the Commission proposed that the Community share of the European contribution amount to EUR 200 million over the 2003-2004 period, with EUR 40 million mobilised in 2003 and EUR 160 million in 2004.

(2) The amount foreseen for 2004 was not entered in the preliminary draft budget for 2004. Accordingly, the Commission has proposed to budget the EUR 160 million under the new dedicated budget line created through the amending letter No 1 to PDB 2004 (Article 19 08 07). At the conciliation meeting on 24 November 2003 the European Parliament and the Council accepted this amending letter with an amount of EUR 160 million on the line created for "Aid for rehabilitation and reconstruction of Iraq" and the mobilisation of the flexibility instrument for an amount of EUR 95 million,

HAVE ADOPTED THIS DECISION:

Article 1

For the general budget of the European Union for the financial year 2004 (hereinafter "the 2004 budget"), the flexibility instrument shall be used to provide the sum of EUR 95000000 in commitment appropriations.

This amount shall be used for the financing of the aid for rehabilitation and reconstruction of Iraq, covered by Heading 4 "External actions" of the financial perspective, under the new Article 19 08 07 of the 2004 budget.

Article 2

This Decision shall be published in the Official Journal of the European Union at the same time as the 2004 budget.

Done at Strasbourg, 18 December 2003.

For the European Parliament

The President

Pat Cox

For the Council

The President

Gianluigi Magri

(1) OJ C 172, 18.6.1999, p. 1. Agreement modified by European Parliament and Council Decision 2003/429/EC (OJ L 147, 14.6.2003, p. 25).

(2) Not yet published in Official Journal.
EN Official Journal of the European Union L 272/12

COMMISSION DECISION

of 7 July 2004

on the authorisation of the Turkish Cypriot Chamber of Commerce according to Article 4(5) of Council Regulation (EC) No 866/2004

(notified under document number C(2004) 2583)

(Only the Greek text is authentic)

(2004/604/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 866/2004 (1), and in particular Article 4(5) thereof,

Whereas:

(1) According to Article 4(5) of Regulation (EC) No 866/2004, goods arriving from the areas not under the effective control of the Government of the Republic of Cyprus in the areas under such control shall be accompanied by a document issued by the Turkish Cypriot Chamber of Commerce, duly authorised by the Commission in agreement with the Government of the Republic of Cyprus.

(2) It is therefore necessary to duly authorise the Turkish Cypriot Chamber of Commerce for that purpose.

(3) The Government of the Republic of Cyprus gave its agreement to this authorisation,

HAS ADOPTED THIS DECISION:

Article 1

The Turkish Cypriot Chamber of Commerce is authorised to issue accompanying documents as provided for in Article 4(5) of Regulation (EC) No 866/2004.

A specimen of the accompanying document is given in Annex I to Commission Regulation (EC) No 1480/2004 (2).

Article 2

This Decision is addressed to the Republic of Cyprus.

Done at Brussels, 7 July 2004. For the Commission Günter VERHEUGEN Member of the Commission

(1) OJ L 161, 30.4.2004, p. 128; corrigendum in OJ L 206, 9.6.2004, p. 51.

(2) See page 3 of this Official Journal.
EN Official Journal of the European Union L 31/75

Corrigendum to Commission Decision 2005/87/EC of 2 February 2005 authorising Sweden to make use of the system established by Title I of Regulation (EC) No 1760/2000 of the European Parliament and of the Council to replace surveys of bovine livestock

( Official Journal of the European Union L 30 of 3 February 2005 )

The publication of Decision 2005/87/EC should be considered null and void.
EN Official Journal of the European Union L 301/21

Corrigendum to Council Decision 2005/696/EC, Euratom of 3 October 2005 amending the Protocol on the Statute of the Court of Justice, in order to lay down the conditions and limits for the review by the Court of Justice of decisions given by the Court of First Instance

( Official Journal of the European Union L 266 of 11 October 2005 )

Page 61, introductory words to Article 1

For:

‘The following Articles shall be inserted between Articles 62 and 63 of the Protocol of the Statute of the Court of Justice:’;

Read:
EN Official Journal of the European Union L 21/13

COUNCIL DECISION

of 18 January 2005

concerning the operating rules of the committee provided for in Article 3(3) of Annex I to the Protocol on the Statute of the Court of Justice

(2005/49/EC, Euratom)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community,

Having regard to the Treaty establishing the European Atomic Energy Community,

Having regard to the Protocol on the Statute of the Court of Justice, as amended by Council Decision 2004/752/EC, Euratom, of 2 November 2004 establishing the European Union Civil Service Tribunal (1), and in particular Article 3(3) of Annex I thereto,

Having regard to the recommendation of the President of the Court of Justice of 2 December 2004,

Whereas:

(1) Article 3(3) of Annex I to the Protocol on the Statute of the Court of Justice provides for the setting up of a committee comprising seven persons chosen from among former members of the Court of Justice and the Court of First Instance and lawyers of recognised competence.

(2) Pursuant to the aforementioned Article 3(3), the operating rules of that committee shall be determined by the Council, acting by a qualified majority on the recommendation of the President of the Court of Justice. This provision should be applied,

HAS DECIDED AS FOLLOWS:

Article 1

The operating rules of the committee provided for in Article 3(3) of Annex I to the Protocol on the Statute of the Court of Justice are set out in the Annex to this Decision.

Article 2

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

Done at Brussels, 18 January 2005. For the Council The President J.-C. JUNCKER

(1) OJ L 333, 9.11.2004, p. 7.
EN Official Journal of the European Union L 29/50

COUNCIL DECISION 2005/83/CFSP

of 31 January 2005

implementing Common Position 2004/293/CFSP renewing measures in support of the effective implementation of the mandate of the International Criminal Tribunal for the former Yugoslavia (ICTY)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to Common Position 2004/293/CFSP (1) and in particular Article 2 thereof, in conjunction with Article 23(2) of the Treaty on European Union,

Whereas:

(1) By Common Position 2004/293/CFSP the Council adopted measures to prevent the entry into, or transit through, the territories of Member States of individuals who are engaged in activities which help persons at large continue to evade justice for crimes for which the International Criminal Tribunal for the former Yugoslavia (ICTY) has indicted them or are otherwise acting in a manner which could obstruct the ICTY's effective implementation of its mandate.

(2) On 28 June 2004 the Council adopted Decision 2004/528/CFSP, which amended the list contained in the Annex to Common Position 2004/293/CFSP.

(3) Following recommendations from the office of the High Representative for Bosnia and Herzegovina, further individuals should be targeted by those measures.

(4) The list contained in the Annex to Common Position 2004/293/CFSP should be amended accordingly,

HAS DECIDED AS FOLLOWS:

Article 1

The list of persons set out in the Annex to Common Position 2004/293/CFSP shall be replaced by the list set out in the Annex to this Decision.

Article 2

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

Article 3

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

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

(1) OJ L 94, 31.3.2004, p. 65. Common Position as last amended by Decision 2004/528/CFSP (OJ L 233, 2.7.2004, p. 15).
EN Official Journal of the European Union L 27/48

COMMISSION DECISION

of 26 January 2005

implementing Council Directive 92/65/EEC as regards import conditions for cats, dogs and ferrets for approved bodies, institutes or centres

(notified under document number C(2005) 118)

(Text with EEA relevance)

(2005/64/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Directive 92/65/EEC of 13 July 1992 laying down animal health requirements governing trade in and imports into the Community of animals, semen, ova and embryos not subject to animal health requirements laid down in specific Community rules referred to in Annex A (I) to Directive 90/425/EEC (1), and in particular Article 19 thereof,

Whereas:

(1) Directive 92/65/EEC lays down the animal health requirements governing trade in and imports into the Community of animals, semen, ova and embryos. That Directive provides that the import conditions for cats, dogs and ferrets must be at least equivalent to the conditions set out in Regulation (EC) No 998/2003 of the European Parliament and of the Council of 26 May 2003 on the animal health requirements applicable to the non-commercial movement of pet animals and amending Council Directive 92/65/EEC (2). The intention of this equivalency between conditions applying to non-commercial and commercial movements of these species was to avoid fraud in the pets trade.

(2) The risk of fraud is negligible as regards movements of these species between bodies, institutes or centres approved in accordance with Directive 92/65/EEC.

(3) It is appropriate to lay down specific conditions for the importation of cats, dogs and ferrets when they are destined for bodies, institutes or centres approved in accordance with Directive 92/65/EEC.

(4) It is necessary to set out a model health certificate for the import of cats, dogs, and ferrets destined for approved bodies, institutes or centres.

(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

The importation of cats, dogs and ferrets destined for bodies, institutes or centres approved in accordance with Directive 92/65/EEC shall comply with the following requirements:

(a) they must come from a third country or territory listed in Section 2 of Part B or in Part C of Annex II to Regulation (EC) No 998/2003, and

(b) they must be accompanied by a veterinary certificate corresponding to the model health certificate set out in the Annex to this Decision.

Article 2

This Decision shall apply from 1 February 2005.

Article 3

This Decision is addressed to the Member States

Done at Brussels, 26 January 2005. For the Commission Markos KYPRIANOU Member of the Commission

(1) OJ L 268, 14.9.1992, p. 54. Directive as last amended by Directive 2004/68/EC (OJ L 139, 30.4.2004, p. 320).

(2) OJ L 146, 13.6.2003, p. 1. Directive as last amended by Commission Regulation (EC) No 2054/2004 (OJ L 355, 1.12.2004, p. 14).
EN Official Journal of the European Union L 43/24

COMMISSION DECISION

of 11 February 2005

on the clearance of the accounts of certain paying agencies in Belgium, Spain and Greece in respect of expenditure financed by the European Agricultural Guidance and Guarantee Fund (EAGGF), Guarantee Section, for the 2001 financial year

(notified under document number C(2005) 295)

(Only the Dutch, French, Greek and Spanish texts are authentic)

(2005/127/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 1258/1999 of 17 May 1999 on the financing of the common agricultural policy (1), and in particular Article 7(3) thereof,

After consulting the Fund Committee,

Whereas:

(1) Commission Decision 2002/461/EC of 12 June 2002 on the clearance of the accounts of Member States' expenditure financed by the European Agricultural Guidance and Guarantee Fund (EAGGF), Guarantee Section, for the 2001 financial year (2) cleared the accounts of all the paying agencies except for the Belgian agency ‘Betaalorgaan van de Vlaamse Gemeenschap’, the Spanish FEGA and Basque Country paying agencies, and the Greek paying agencies.

(2) Following the transmission of new information by Belgium, Spain and Greece, and after additional checks, the Commission can now take a decision on the veracity, completeness, and accuracy of the accounts submitted by the paying agencies concerned.

(3) In clearing the accounts of the Belgian, Spanish and Greek paying agencies concerned, the Commission must take account of the amounts already paid to Belgium and withheld from Spain and Greece on the basis of Decision 2002/461/EC. Accordingly, this Decision has no financial consequences.

(4) In accordance with Article 7(3) of Regulation (EC) No 1258/1999 and Article 7(1) of Commission Regulation (EC) No 1663/95 of 7 July 1995 laying down detailed rules for the application of Council Regulation (EEC) No 729/70 regarding the procedure for the clearance of the accounts of the EAGGF Guarantee Section (3), this Decision, adopted on the basis of accounting information, does not prejudice decisions taken subsequently by the Commission excluding from Community financing expenditure not effected in accordance with Community rules,

HAS ADOPTED THIS DECISION:

Article 1

The accounts of the Belgian paying agency ‘Betaalorgaan van de Vlaamse Gemeenschap’, the Spanish FEGA and Basque Country paying agencies, and the Greek paying agencies GEDIDAGEP/ OPEKEPE concerning expenditure financed by the EAGGF Guarantee Section for the 2001 financial year are hereby cleared.

The amounts which are recoverable from, or payable to, each Member State in accordance with this Decision are set out in the Annex.

Article 2

This Decision is addressed to the Kingdom of Belgium, the Kingdom of Spain and the Hellenic Republic.

Done at Brussels, 11 February 2005. For the Commission Mariann FISCHER BOEL Member of the Commission

(1) OJ L 160, 26.6.1999, p. 103.

(2) OJ L 160, 18.6.2002, p. 28.

(3) OJ L 158, 8.7.1995, p. 6. Regulation as last amended by Regulation (EC) No 2025/2001 (OJ L 274, 17.10.2001, p. 3).
EN Official Journal of the European Union C 53/15

COUNCIL DECISION

of 17 February 2005

renewing the term of office of the President of the Office for Harmonisation in the Internal Market (trade marks and designs)

(2005/C 53/02)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark (1), and in particular Article 120(1) and (2) thereof,

Having regard to the Council Decision of 2 May 2000 appointing the President of the Office for Harmonisation in the Internal Market (trade marks and designs) (2),

Having regard to the proposal by the Administrative Board of the Office for Harmonisation in the Internal Market (trade marks and designs) of 23 November 2004 concerning the renewal of the term of office of the President of the Office,

HAS DECIDED AS FOLLOWS:

Sole Article

The term of office of Mr Wubbo de BOER, born on 27 May 1948, as President of the Office for Harmonisation in the Internal Market (trade marks and designs) is hereby renewed for the period from 1 October 2005 to 30 September 2010.

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

(1) OJ L 11, 14.1.1994, p. 1. Regulation as last amended by Regulation (EC) No 422/2004 (OJ L 70, 9.3.2004, p. 1).

(2) OJ C 139, 18.5.2000, p. 1.
EN Official Journal of the European Union L 72/44

COMMISSION DECISION

of 15 March 2005

amending Decision 2003/135/EC as regards the termination of the plans for the eradication of classical swine fever in feral pigs and the emergency vaccination of feral pigs against classical swine fever in certain areas of the Federal State of Rhineland-Palatinate (Germany)

(notified under document number C(2005) 596)

(Only the German and French texts are authentic)

(Text with EEA relevance)

(2005/236/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Directive 2001/89/EC of 23 October 2001 on Community measures for the control of classical swine fever (1), and in particular Article 16(1) and 20(2) thereof,

Whereas:

(1) Commission Decision 2003/135/EC of 27 February 2003 on the approval of the plans for the eradication of classical swine fever and the emergency vaccination of feral pigs against classical swine fever in Germany, in the Federal States of Lower Saxony, North Rhine-Westphalia, Rhineland-Palatinate and Saarland (2) was adopted as one of a number of measures to combat classical swine fever.

(2) The German authorities have informed the Commission about the recent evolution of the disease in feral pigs in certain areas of Rhineland-Palatinate.

(3) This information indicates that classical swine fever in feral pigs has been successfully eradicated and that the approved eradication and vaccination plans do not need to be applied anymore in these areas.

(4) Decision 2003/135/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

The Annex to Decision 2003/135/EC is replaced by the text in the Annex to this Decision.

Article 2

This Decision is addressed to the Federal Republic of Germany and the French Republic.

Done at Brussels, 15 March 2005. For the Commission Markos KYPRIANOU Member of the Commission

(1) OJ L 316, 1.12.2001, p. 5. Directive as amended by the 2003 Act of Accession.

(2) OJ L 53, 28.2.2003, p. 47. Decision as last amended by Decision 2005/58/EC (OJ L 24, 27.1.2005, p. 45).
EN Official Journal of the European Union L 68/43

COMMISSION DECISION

of 11 March 2005

amending for the second time Decision 2004/614/EC as regards the period of application of protection measures relating to avian influenza in South Africa

(notified under document number C(2005) 559)

(Text with EEA relevance)

(2005/210/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Directive 91/496/EEC of 15 July 1991 laying down the principles governing the organisation of veterinary checks on animals entering the Community from third countries and amending Directives 89/662/EEC (1), 90/425/EEC and 90/675/EEC and in particular Article 18(7) thereof,

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 (2), and in particular Article 22(6) thereof,

Whereas:

(1) By Commission Decision 2004/614/EC of 24 August 2004 concerning protection measures in relation to highly pathogenic avian influenza in the Republic of South Africa (3) the Commission adopted protection measures in relation to avian influenza in ratite flocks in South Africa.

(2) The situation regarding avian influenza in ratite flocks in South Africa is not yet clear as the competent authority of South Africa has found some inconclusive results during its serological surveillance. Nevertheless, the situation appears to be under control and detailed information is expected to be sent to the Commission soon.

(3) Under the circumstances it is appropriate to prolong the application of Decision 2004/614/EC for another three months. The Decision can however be reviewed before this date depending on any further information supplied by the competent authority of South Africa.

(4) 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

In Article 7 of Decision 2004/614/EC, the date ‘31 March 2005’ is replaced by the date ‘30 June 2005’.

Article 2

This Decision is addressed to the Member States.

Done at Brussels, 11 March 2005. For the Commission Markos KYPRIANOU Member of the Commission

(1) OJ L 268, 24.9.1991, p. 56. Directive as last amended by the 2003 Act of Accession.

(2) OJ L 24, 30.1.1998, p. 9. Directive as last amended by Regulation (EC) No 882/2004 of the European Parliament and of the Council (OJ L 165, 30.4.2004, p. 1).

(3) OJ L 275, 25.8.2004, p. 20. Decision as last amended by Decision 2004/892/EC (OJ L 375, 23.12.2004, p. 30).
EN Official Journal of the European Union L 82/6

COUNCIL DECISION

of 16 March 2005

amending Decision 1999/70/EC concerning the external auditors of the national central banks as regards the external auditor of the Banco de Portugal

(2005/266/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, annexed to the Treaty establishing the European Community, and in particular to Article 27(1) thereof,

Having regard to Recommendation ECB/2005/3 of the European Central Bank (hereinafter referred to as ‘ECB’) of 11 February 2005 to the Council of the European Union on the external auditors of the Banco de Portugal (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) According to a recent change in Portuguese law the auditing of accounts must now be carried out exclusively by revisores oficiais de contas (certified auditors). The Governing Council of the ECB therefore recommended that the Council of the European Union approve the replacement of PricewaterhouseCoopers — Auditores e Consultores, Lda. as external auditor of the Banco de Portugal by PricewaterhouseCoopers & Associados — Sociedade de Revisores Oficiais de Contas, Lda., since the former does not have the status of certified auditor.

(3) The Governing Council of the ECB recommended no change in the duration of the external auditor’s mandate.

(4) It is appropriate to follow the recommendation of the Governing Council of the ECB and to amend Decision 1999/70/EC of 25 January 1999 concerning the external auditors of the national central banks (2) accordingly,

HAS DECIDED AS FOLLOWS:

Article 1

Article 1(10) of Decision 1999/70/EC shall be replaced by the following:

‘10. PricewaterhouseCoopers & Associados — Sociedade de Revisores Oficiais de Contas, Lda. is hereby approved as external auditor of the Banco de Portugal as from the financial year 2004 for a renewable period of one year.’

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, 16 March 2005. For the Council The President J. ASSELBORN

(1) OJ C 50, 26.2.2005, p. 6.

(2) OJ L 22, 29.1.1999, p. 69. Decision as last amended by Decision 2004/651/EC (OJ L 298, 23.9.2004, p. 23).