ddrg/super_eurlex huggingface dataset:
EN Official Journal of the European Union L 295/59

POLITICAL AND SECURITY COMMITTEE DECISION EULEX KOSOVO/2/2014

of 9 October 2014

on the appointment of the Head of Mission of the European Union Rule of Law Mission in Kosovo (1), EULEX KOSOVO

(2014/707/CFSP)

THE POLITICAL AND SECURITY COMMITTEE,

Having regard to the Treaty on European Union, and in particular the third paragraph of Article 38 thereof,

Having regard to the Council Joint Action 2008/124/CFSP of 4 February 2008 on the European Union Rule of Law Mission in Kosovo, EULEX KOSOVO (2), and in particular Article 12(2) thereof,

Whereas:

(1) Pursuant to Article 12(2) of Joint Action 2008/124/CFSP, the Political and Security Committee (PSC) is authorised, in accordance with Article 38 of the Treaty, to take the relevant decisions for the purpose of exercising political control and strategic direction of the European Union Rule of Law Mission in Kosovo (EULEX KOSOVO), including the decision to appoint a Head of Mission.

(2) On 17 June 2014, the PSC adopted Decision EULEX KOSOVO/1/2014 (3) extending the mandate of the Head of Mission of EULEX KOSOVO until 14 October 2014.

(3) On 12 June 2014, the Council adopted decision 2014/349/CFSP (4) amending Joint Action 2008/124/CFSP and extending the duration of EULEX KOSOVO until 14 June 2016.

(4) On 25 September 2014, the High Representative of the Union for Foreign Affairs and Security Policy proposed the appointment of Ambassador Gabriele MEUCCI as Head of Mission of EULEX KOSOVO for the period from 15 October 2014 to 14 June 2015,

HAS ADOPTED THIS DECISION:

Article 1

Ambassador Gabriele MEUCCI is hereby appointed as Head of Mission of the European Union Rule of Law Mission in Kosovo (EULEX KOSOVO) for the period from 15 October 2014 to 14 June 2015.

Article 2

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

It shall apply from 15 October 2014.

Done at Brussels, 9 October 2014. For the Political and Security Committee The Chairperson W. STEVENS

(1) The designation ‘Kosovo’ is without prejudice to positions on status, and is in line with UNSCR 1244/99 and the ICJ Opinion on the Kosovo declaration of Independence.

(2) OJ L 42, 16.2.2008, p. 92.

(3) Political and Security Committee Decision EULEX KOSOVO/1/2014 of 17 June 2014 extending the mandate of the Head of Mission of the European Union Rule of Law Mission in Kosovo, EULEX KOSOVO (OJ L 180, 20.6.2014, p. 17).

(4) Council Decision 2014/349/CFSP of 12 June 2014 amending Joint Action 2008/124/CFSP on the European Union Rule of Law Mission in Kosovo, EULEX KOSOVO (OJ L 174, 13.6.2014, p. 42).
EN Official Journal of the European Union L 289/22

COUNCIL DECISION

of 29 September 2014

appointing three French members and two French alternate members of the Committee of the Regions

(2014/694/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 French 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) Three members' seats on the Committee of the Regions have become vacant following the end of the terms of office of Mr Bruno BOURG-BROC, Mr Michel DELEBARRE and Mr Jean-Louis JOSEPH.

(3) Two alternate members' seats have become vacant following the end of the terms of office of Mr Jean-Michel DACLIN and Ms Claudine LEDOUX,

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 members: — Mr Bruno BOURG-BROC, Conseiller municipal de Châlons-en-Champagne (change of mandate) — Mr Michel DELEBARRE, Conseiller municipal de Dunkerque (change of mandate) — Ms Françoise MESNARD, Maire de Saint-Jean d'Angély and

b) as alternate members: — Ms Karine DOGNIN-SAUZE, Adjointe au Maire de Lyon — Mr Dominique LEVEQUE, Maire d'Aÿ.

Article 2

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

Done at Brussels, 29 September 2014. For the Council The President S. GOZI

(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 301/29

COUNCIL DECISION 2014/726/CFSP

of 20 October 2014

amending Decision 2012/389/CFSP on the European Union Mission on Regional Maritime Capacity Building in the Horn of Africa (EUCAP NESTOR)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union and in particular Article 28, Article 42(4) and Article 43(2) thereof,

Having regard to the proposal from the High Representative of the Union for Foreign Affairs and Security Policy,

Whereas:

(1) On 22 July 2014 the Council adopted Decision 2014/485/CFSP (1) amending Decision 2012/389/CFSP (2) and extending the European Union Mission on Regional Maritime Capacity Building in the Horn of Africa (EUCAP NESTOR) until 12 December 2016.

(2) Decision 2012/389/CFSP should be amended to extend the period covered by the financial reference amount until 15 October 2015,

HAS ADOPTED THIS DECISION:

Article 1

Article 13(1) of Decision 2012/389/CFSP is replaced as follows:

‘1. The financial reference amount intended to cover the expenditure related to EUCAP NESTOR for the period from 16 July 2012 to 15 November 2013 shall be EUR 22 880 000. The financial reference amount intended to cover the expenditure related to EUCAP NESTOR for the period from 16 November 2013 to 15 October 2014 shall be EUR 11 950 000. The financial reference amount intended to cover the expenditure related to EUCAP NESTOR for the period from 16 October 2014 to 15 October 2015 shall be EUR 17 900 000.’

Article 2

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

It shall apply from 16 October 2014.

Done at Luxembourg, 20 October 2014. For the Council The President C. ASHTON

(1) Council Decision 2014/485/CFSP of 22 July 2014 amending Decision 2012/389/CFSP on the European Union Mission on Regional Maritime Capacity Building in the Horn of Africa (EUCAP NESTOR) (OJ L 217, 23.7.2014, p. 39).

(2) Council Decision 2012/389/CFSP of 16 July 2012 on the European Union Mission on Regional Maritime Capacity Building in the Horn of Africa (EUCAP NESTOR) (OJ L 187, 17.7.2012, p. 40).
EN Official Journal of the European Union L 327/5

COUNCIL DECISION

of 7 November 2014

appointing a Luxembourg member of the European Economic and Social Committee

(2014/780/EU)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 302 thereof,

Having regard to the proposal of the Luxembourg Government,

Having regard to the opinion of the European Commission,

Whereas:

(1) On 13 September 2010 the Council adopted Decision 2010/570/EU, Euratom appointing the members of the European Economic and Social Committee for the period from 21 September 2010 to 20 September 2015 (1). On 7 November 2012, by Council Decision 2012/694/EU (2), Mr Christophe ZEEB was appointed member until 20 September 2015.

(2) A member's seat on the European Economic and Social Committee has become vacant following the end of the term of office of Mr Christophe ZEEB,

HAS ADOPTED THIS DECISION:

Article 1

Mr Henri WAGENER, Conseiller à la Fedil-Business Federation Luxembourg, is hereby appointed as a member of the European Economic and Social Committee for the remainder of the current term of office, which runs until 20 September 2015.

Article 2

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

Done at Brussels, 7 November 2014. For the Council The President P. C. PADOAN

(1) OJ L 251, 25.9.2010, p. 8.

(2) Council Decision 2012/694/EU of 7 November 2012 appointing a Luxembourg member of the European Economic and Social Committee (OJ L 310, 9.11.2012, p. 50).
EN Official Journal of the European Union L 346/35

COUNCIL DECISION 2014/861/CFSP

of 1 December 2014

amending Decision 2012/699/CFSP on the Union support for the activities of the Preparatory Commission of the Comprehensive Nuclear-Test-Ban Treaty Organisation in order to strengthen its monitoring and verification capabilities and in the framework of the implementation of the EU Strategy against Proliferation of Weapons of Mass Destruction

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union, and in particular Article 28(1) and Article 31(1) thereof,

Having regard to the proposal from the High Representative of the Union for Foreign Affairs and Security Policy,

Whereas:

(1) On 13 November 2012, the Council adopted Decision 2012/699/CFSP (1).

(2) Decision 2012/699/CFSP provides for a 24-month implementation period of the projects referred to in Article 1(2) after the date of conclusion of the financing agreement referred to in Article 3(3).

(3) On 18 June 2014, the Provisional Technical Secretariat of the Preparatory Commission of the Comprehensive Nuclear-Test-Ban Treaty Organisation (CTBTO) requested the authorisation of the Union to extend the 24-month duration provided for in Article 5 of Decision 2012/699/CFSP by 12 months in order to allow for the implementation of the remaining parts of the projects not yet implemented by the end of that period.

(4) Implementation of the remaining parts of the projects referred to in paragraphs 2.1. (Technical Assistance and Capacity Building), 2.2. (Developing Capacity for Future Generations of CTBT Experts — the Capacity Development Initiative (CDI)), 2.3. (Enhancing the Atmospheric Transport Model (ATM)), 2.4. (Characterisation and Mitigation of Radioxenon) and 2.6. (Sustainment of Certified IMS Auxiliary Stations) of the Annex to Decision 2012/699/CFSP, as specifically quoted in the request made by the CTBTO on 18 June 2014, could be performed without any resource implications.

(5) Decision 2012/699/CFSP should therefore be amended in order to enable the full implementation of the projects set out therein by extending its duration accordingly,

HAS ADOPTED THIS DECISION:

Article 1

Decision 2012/699/CFSP is hereby amended as follows:

(1) The second paragraph of Article 5 is replaced by the following: ‘It shall expire 36 months after the date of the conclusion of the financing agreement referred to in Article 3(3).’ .

(2) The paragraph under Section 3 of the Annex is replaced by the following: ‘The total estimated duration of the implementation of the projects is 36 months.’ .

Article 2

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

Done at Brussels, 1 December 2014. For the Council The President B. LORENZIN

(1) Council Decision 2012/699/CFSP of 13 November 2012 on the Union support for the activities of the Preparatory Commission of the Comprehensive Nuclear-Test-Ban Treaty Organisation in order to strengthen its monitoring and verification capabilities and in the framework of the implementation of the EU Strategy against Proliferation of Weapons of Mass Destruction (OJ L 314, 14.11.2012, p. 27).
(4)

the following Article is inserted: ‘Article 14a Project Cell 1. EUMM Georgia shall have a Project Cell for identifying and implementing projects. EUMM Georgia shall, as appropriate, facilitate and provide advice on projects implemented by Member States and third States under their responsibility in areas related to EUMM Georgia and in support of its objectives. 2. Subject to paragraph 3, EUMM Georgia shall be authorised to seek recourse to financial contributions from the Member States or third States in order to implement projects identified as supplementing EUMM Georgia's other actions in a consistent manner, if those projects are: (a) provided for in the financial statement relating to this Decision; or (b) integrated during the mandate by means of an amendment to the financial statement requested by the Head of Mission. EUMM Georgia shall conclude an arrangement with those States, covering in particular the specific procedures for dealing with any complaint from third parties concerning damage caused as a result of acts or omissions by EUMM Georgia in the use of the funds provided by those States. Under no circumstances may the contributing States hold the Union or the HR liable for acts or omissions by EUMM Georgia in the use of the funds provided by those States. 3. Financial contributions from third States to the Project Cell shall be subject to acceptance by the PSC.’ ;
EN Official Journal of the European Union L 359/153

COMMISSION IMPLEMENTING DECISION

of 11 December 2014

authorising the placing on the market of Clostridium butyricum (CBM 588) as a novel food ingredient under Regulation (EC) No 258/97 of the European Parliament and of the Council

(notified under document C(2014) 9345)

(Only the English text is authentic)

(2014/907/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 2 February 2012, the company Miyarisan Pharmaceutical Co. Ltd made a request to the competent authorities of the United Kingdom to place Clostridium butyricum (CBM 588) on the market as a novel food ingredient to be used in food supplements.

(2) On 14 May 2013, the competent food assessment body of the United Kingdom issued its initial assessment report. In that report it came to the conclusion that Clostridium butyricum (CBM 588) meets the criteria for novel food set out in Article 3(1) of Regulation (EC) No 258/97.

(3) On 4 September 2013, the Commission forwarded the initial assessment report to the other Member States.

(4) Reasoned objections were raised within the 60-day period laid down in the first subparagraph of Article 6(4) of Regulation (EC) No 258/97. In accordance with Article 7(1) of Regulation (EC) No 258/97 a Commission Implementing Decision should be made that takes into account the objections raised. The additional explanations provided by the applicant alleviated the concerns to the satisfaction of the Member States and the Commission.

(5) Directive 2002/46/EC of the European Parliament and of the Council (2) lays down requirements on food supplements. The use of Clostridium butyricum (CBM 588) should be authorised without prejudice to the requirements of that legislation.

(6) The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on Plants, Animals, Food and Feed,

HAS ADOPTED THIS DECISION:

Article 1

Clostridium butyricum (CBM 588) as specified in the Annex may be placed on the market in the Union as a novel food ingredient to be used in food supplements with a maximum dose of 1,35 × 108 CFU per day without prejudice to the specific provisions of Directive 2002/46/EC.

Article 2

The designation of Clostridium butyricum (CBM 588) authorised by this Decision on the labelling of the foodstuffs containing it shall be ‘Clostridium butyricum MIYAIRI 588 (CBM 588)’ or ‘Clostridium butyricum (CBM 588)’.

Article 3

This Decision is addressed to Miyarisan Pharmaceutical Co. Ltd, 1-10-3, Kaminakazato, Kita-Ku, Tokyo 114-0016, Japan.

Done at Brussels, 11 December 2014. For the Commission Vytenis ANDRIUKAITIS Member of the Commission

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

(2) Directive 2002/46/EC of the European Parliament and of the Council of 10 June 2002 on the approximation of the laws of the Member States relating to food supplements (OJ L 183, 12.7.2002, p. 51).
EN Official Journal of the European Union C 461/19

COUNCIL DECISION

of 12 December 2014

adopting the Council's position on draft amending budget No 7 of the European Union for the financial year 2014

(2014/C 461/11)

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 Regulation (EC, Euratom) No 966/2012 of the European Parliament and of the Council of 25 October 2012 on the financial rules applicable to the general budget of the Union and repealing Council Regulation (EC, Euratom) No 1605/2002 (1) and in particular Article 41 thereof,

Whereas:

— the Union's budget for the financial year 2014 was definitively adopted on 20 November 2013 (2),

— on 17 October 2014, the Commission submitted a proposal containing draft amending budget No 7 to the general budget for the financial year 2014,

HAS DECIDED AS FOLLOWS:

Sole Article

The Council's position on draft amending budget No 7 of the European Union for the financial year 2014 was adopted on 12 December 2014.

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

Done at Brussels, 12 December 2014. For the Council The President S. GIANNINI

(1) OJ L 298, 26.10.2012, p. 1.

(2) OJ L 51, 20.2.2014, p. 1, with corrigenda in OJ L 111, 15.4.2014, p. 96, OJ L 124, 25.4.2014, p. 30 and OJ L 322, 7.11.2014, p. 1.
EN Official Journal of the European Union L 28/1

COUNCIL DECISION

of 28 January 2014

on the conclusion of the Protocol setting out the fishing opportunities and financial contribution provided for in the Fisheries Partnership Agreement between the European Community, on the one hand, and the Government of Denmark and the Home Rule Government of Greenland, on the other hand

(2014/48/EU)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 43, in conjunction with Article 218(6)(a) thereof,

Having regard to the proposal from the European Commission,

Having regard to the consent of the European Parliament,

Whereas:

(1) On 28 June 2007, the Council adopted Regulation (EC) No 753/2007 (1) concerning the conclusion of the Fisheries Partnership Agreement between the European Community and the Government of Denmark and the Home Rule Government of Greenland (2) (‘the Agreement’). A Protocol setting out the fishing opportunities and the financial contribution provided for by the Agreement (3) (the ‘current Protocol’) was attached thereto. The current Protocol will expire on 31 December 2012.

(2) The Union has negotiated with the Government of Denmark and the Government of Greenland a new Protocol to the Agreement setting out the fishing opportunities and financial contribution (‘the Protocol’).

(3) The Protocol was signed in accordance with Council Decision 2012/653/EU (4) subject to its conclusion at a later date, and is to be provisionally applied from 1 January 2013.

(4) The Protocol should be approved,

HAS ADOPTED THIS DECISION:

Article 1

The Protocol setting out the fishing opportunities and financial contribution provided for in the Fisheries Partnership Agreement between the European Community, on the one hand, and the Government of Denmark and the Home Rule Government of Greenland, on the other hand, is hereby approved on behalf of the Union (5).

Article 2

The President of the Council shall give, on behalf of the Union, the notification provided for in Article 13 of the Protocol.

Article 3

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

Done at Brussels, 28 January 2014. For the Council The President G. STOURNARAS

(1) OJ L 172, 30.6.2007, p. 1.

(2) OJ L 172, 30.6.2007, p. 4.

(3) OJ L 172, 30.6.2007, p. 9.

(4) OJ L 293, 23.10.2012, p. 4.

(5) The text of the Protocol has been published in OJ L 293, 23.10.2012, p. 5, together with the decision on signature.
(16)

One company requested that the Commission should deduct from the MIP an amount corresponding to the fixed anti-dumping duty and thereby bring the MIP in compliance with the underlying measure — countervailing duty. Such an operation could not be performed. First and foremost, under the terms of the undertaking any revision of the scope and the minimum prices is only possible through an interim review in accordance with Article 19 of the basic anti-subsidy Regulation. Secondly, the company requested a mere deduction from the current MIP of amounts corresponding to the amount of the fixed anti-dumping duty. In the current undertaking the MIP and the indexation mechanism are based either on the non-injurious price established for the Union market (target price) or on the normal value (depending on the company in question) as determined in 1999. In the latter case, since the anti-dumping duty expired the whole basis for the MIP is non-existent. Had the undertaking been assessed only with regard to the countervailing duty, the export price (increased by the amount of the fixed countervailing duty) could have become a benchmark for the MIP. In order to establish an appropriate MIP, the Commission would have to first identify export price that would serve as a benchmark. No such benchmark can be easily identified in the present case, not least because measures have been in force for a long time. Further, the indexation mechanism currently in place that relates to the non-injurious price (target price) or the normal value cannot be simply transposed to the export price. Any simple mathematical adaptation would have required that all elements necessary to calculate the MIP are easily identifiable and undisputable. Only then the Commission can guarantee the equivalence of the undertaking to the measure in force. This condition is not fulfilled in the present case. A simple mathematical operation as suggested by the applicant is therefore impossible.