ddrg/super_eurlex huggingface dataset:
COUNCIL DECISION 2010/126/CFSP

of 1 March 2010

amending Common Position 2009/138/CFSP concerning restrictive measures against Somalia

THE COUNCIL OF THE EUROPEAN UNION,

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

Whereas:

On 10 December 2002, the Council adopted Common Position 2002/960/CFSP concerning restrictive measures against Somalia (1) following United Nations Security Council Resolutions (UNSCR) 733 (1992), 1356 (2001) and 1425 (2002) relating to an arms embargo against Somalia.

On 16 February 2009, the Council adopted Common Position 2009/138/CFSP (2) implementing UNSCR 1844 (2008) which introduced restrictive measures against those who seek to prevent or block a peaceful political process, or those who threaten the Transitional Federal Institutions (TFIs) of Somalia or the African Union Mission in Somalia (AMISOM) by force, or take action that undermines stability in Somalia or the region.

On 23 December 2009, the United Nations Security Council adopted UNSCR 1907 (2009) calling upon all States to inspect, in accordance with their national authorities and legislation and consistent with international law, all cargoes to and from Somalia, in their territory, including seaports and airports, if the State concerned has information that provides reasonable grounds to believe that the cargo contains items whose supply, sale, transfer or export is prohibited under the general and complete arms embargo to Somalia established pursuant to paragraph 5 of UNSCR 733 (1992) and elaborated and amended by subsequent resolutions.

Further action by the Union is needed in order to implement certain measures,

HAS ADOPTED THIS DECISION:

Article 1

Common Position 2009/138/CFSP is hereby amended as follows:

The following Article is inserted:

‘Article 3a

1. Member States shall inspect, in accordance with their national authorities and legislation and consistent with international law, all cargo to and from Somalia in their territory, including at their airports and seaports, if they have information that provides reasonable grounds to believe that the cargo contains items whose supply, sale, transfer or export is prohibited under Article 3.

2. Aircrafts and vessels transporting cargo to and from Somalia shall be subject to the requirement of additional pre-arrival or pre-departure information for all goods brought into or out of a Member State.

3. Member States shall, upon discovery, seize and dispose of (either by destroying or rendering inoperable) items whose supply, sale, transfer or export is prohibited under Article 3.’
EN Official Journal of the European Union L 83/20

POLITICAL AND SECURITY COMMITTEE DECISION ATALANTA/1/2010

of 5 March 2010

amending Political and Security Committee Decision ATALANTA/2/2009 on the acceptance of third States’ contributions to the European Union military operation to contribute to the deterrence, prevention and repression of acts of piracy and armed robbery off the Somali coast (Atalanta) and Political and Security Committee Decision ATALANTA/3/2009 on the setting up of the Committee of Contributors for the European Union military operation to contribute to the deterrence, prevention and repression of acts of piracy and armed robbery off the Somali coast (Atalanta)

(2010/184/CFSP)

THE POLITICAL AND SECURITY COMMITTEE,

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

Having regard to Council Joint Action 2008/851/CFSP of 10 November 2008 on a European Union military operation to contribute to the deterrence, prevention and repression of acts of piracy and armed robbery off the Somali coast (1), and in particular Article 10 thereof,

Having regard to Political and Security Committee Decision Atalanta/2/2009 (2) and to Political and Security Committee Decision Atalanta/3/2009 (3), and the addendum thereto (4),

Whereas:

(1) The EU Operation Commander held a Force Generation Conference on 16 December 2008.

(2) Following the offer by Ukraine to contribute to operation Atalanta, the recommendation by the EU Operation Commander and the advice by the European Union Military Committee, the contribution from Ukraine should be accepted.

(3) In accordance with Article 5 of Protocol No 22 on the position of Denmark, annexed to the Treaty on the European Union and to the Treaty on the Functioning of the European Union, Denmark does not participate in the elaboration and implementation of decisions and actions of the Union which have defence implications,

HAS ADOPTED THIS DECISION:

Article 1

Article 1 of Political and Security Committee Decision Atalanta/2/2009 is replaced by the following:

‘Article 1 Third States’ contributions Following the Force Generation and Manning Conferences, the contributions from Norway, Croatia, Montenegro and Ukraine shall be accepted for the EU military operation to contribute to the deterrence, prevention and repression of acts of piracy and armed robbery off the Somali coast (Atalanta)’.

Article 2

The Annex to Political and Security Committee Decision Atalanta/3/2009 is replaced by the text appearing in the Annex to this Decision.

Article 3

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

Article 4

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

Done at Brussels, 5 March 2010. For the Political and Security Committee The Chairperson C. FERNÁNDEZ-ARIAS

(1) OJ L 301, 12.11.2008, p. 33.

(2) OJ L 109, 30.4.2009, p. 52.

(3) OJ L 112, 6.5.2009, p. 9.

(4) OJ L 119, 14.5.2009, p. 40.
EN Official Journal of the European Union L 126/25

POLITICAL AND SECURITY COMMITTEE DECISION EU BAM Rafah/1/2010

of 21 May 2010

extending the mandate of the Head of Mission of the European Union Border Assistance Mission at the Rafah Crossing Point

(2010/295/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 Council Joint Action 2005/889/CFSP of 12 December 2005 on establishing a European Union Border Assistance Mission at the Rafah Crossing Point (EU BAM Rafah) (1), and in particular Article 10(2) thereof,

Whereas:

(1) Pursuant to Article 10(2) of Joint Action 2005/889/CFSP, the Council authorised the Political and Security Committee (PSC), in accordance with Article 38 of the Treaty, to take the relevant decisions for the purpose of political control and strategic direction of the EU BAM Rafah mission, including the decision to appoint a Head of Mission.

(2) On 11 November 2008, upon a proposal by the Secretary General/High Representative, the PSC appointed by Decision EUBAM Rafah/1/2008 (2) Mr Alain FAUGERAS as Head of Mission of EU BAM Rafah.

(3) On 20 May 2010, the High Representative of the Union for Foreign Affairs and Security Policy proposed to the PSC that it extend the mandate of Mr Alain FAUGERAS as Head of Mission of EU BAM Rafah until 24 May 2011,

HAS ADOPTED THIS DECISION:

Article 1

The mandate of Mr Alain FAUGERAS as Head of Mission of the European Union Border Assistance Mission at the Rafah Crossing Point is hereby extended from 25 November 2009 until 24 May 2011.

Article 2

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

Done at Brussels, 21 May 2010. For the Political and Security Committee The President C. FERNÁNDEZ-ARIAS

(1) OJ L 327, 14.12.2005, p. 28.

(2) OJ L 306, 15.11.2008, p. 99.
EN Official Journal of the European Union C 122/2

COUNCIL DECISION

of 29 March 2010

appointing and replacing members of the Governing Board of the European Centre for the Development of Vocational Training

2010/C 122/02

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to Council Regulation (EEC) No 337/75 of 10 February 1975 establishing the European Centre for the Development of Vocational Training, and in particular Article 4 thereof (1),

Having regard to the nomination submitted by the Spanish Government,

Whereas:

(1) By its Decision of 14 September 2009 (2), the Council appointed the members of the Governing Board of the European Centre for the Development of Vocational Training for the period from 18 September 2009 to 17 September 2012.

(2) A member's seat on the Governing Board of the Centre in the category of Government representatives has become vacant as a result of the resignation of Mr Francisco Javier ALFAYA HURTADO.

(3) The Spanish member of the Governing Board of the aforementioned Centre should be appointed for the remainder of the current term of office, which expires on 17 September 2012,

HAS DECIDED AS FOLLOWS:

Sole Article

The following person is hereby appointed as a member of the Governing Board of the European Centre for the Development of Vocational Training for the remainder of the term of office, which runs until 17 September 2012

GOVERNMENT REPRESENTATIVE

SPAIN: Mr Adolfo HERNÁNDEZ GORDILLO

Done at Brussels, 29 March 2010. For the Council The President E. ESPINOSA

(1) OJ L 39, 13.2.1975, p. 1.

(2) OJ C 226, 19.9.2009, p. 2.
EN Official Journal of the European Union L 134/75

COUNCIL DECISION

of 26 April 2010

appointing one Austrian member of the European Economic and Social Committee

(2010/305/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 Council Decision 2006/524/EC, Euratom (1),

Having regard to the proposal of the Austrian Government,

Having regard to the opinion of the Commission,

Whereas a member’s seat on the European Economic and Social Committee has become vacant following the end of the term of office of Mr Heinz PETER,

HAS ADOPTED THIS DECISION:

Article 1

Mr Alfred GAJDOSIK, Mitglied im Präsidium der Fraktion Christlicher Gewerkschafter im Österreichischen Gewerkschaftsbund, Vorsitzender der Fraktion Christlicher Gewerkschafter in der Gewerkschaft vida und Mitglied im Präsidium der vida (Gruppe III — Vertreter der übrigen wirtschaftlichen und sozialen Interessen) 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 2010.

Article 2

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

Done at Luxembourg, 26 April 2010. For the Council The President M. Á. MORATINOS

(1) OJ L 207, 28.7.2006, p. 30.
The following Article 3(a) is inserted:

‘Article 3a

Where the Member State of origin, the Member State of the recipient and any transit Member States all use a common electronic system for the approval of the transfer of explosives within the Union, the procedure set out in the second to fifth subparagraphs shall apply.

The consignee shall submit the intra-Community transfer of explosives document in paper version or in an electronic version with sections 1 to 4 completed only to the competent authority of the recipient Member State for approval.

After giving its own approval, the recipient Member State shall send the approval to the Member State of origin using the common electronic system.

After giving its own approval, the competent authority of the Member State of origin shall seek the approval from the competent authorities of all transit Member States using the common electronic system.

After having received all approvals, the competent authority of the Member State of origin shall issue the intra-Community transfer of explosives document indicating the agreement of all Member States concerned to the supplier on securely identifiable paper and in the language(s) of the Member State of origin, the Member State(s) of transit (if applicable), the recipient Member State and in English.’
EN Official Journal of the European Union L 145/15

COMMISSION DECISION

of 10 June 2010

granting a derogation from implementing Regulation (EC) No 1165/2008 of the European Parliament and of the Council concerning livestock and meat statistics with regard to Bulgaria and Germany

(notified under document C(2010) 3617)

(Only the Bulgarian and German texts are authentic)

(2010/323/EU)

THE EUROPEAN COMMISSION,

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

Having regard to Regulation (EC) No 1165/2008 of the European Parliament and of the Council of 19 November 2008 concerning livestock and meat statistics and repealing Council Directives 93/23/EEC, 93/24/EEC and 93/25/EEC (1), and in particular Article 20(1) thereof,

Having regard to the request made by Bulgaria on 10 February 2009,

Having regard to the request made by Germany on 20 March 2009,

Whereas:

(1) In accordance with Article 20 of Regulation (EC) No 1165/2008, the Commission may grant Member States a derogation from implementing that Regulation in so far as applying it to their national statistical systems requires major adaptations and is likely to cause significant practical problems.

(2) Such derogations should be granted, at their request, to Bulgaria and Germany.

(3) In accordance with Regulation (EC) No 1165/2008, a Member State having been granted a derogation until 1 January 2010 shall continue to apply the provisions of Council Directives 93/23/EEC (2), 93/24/EEC (3) and 93/25/EEC (4) until that date.

(4) In accordance with Regulation (EC) No 1165/2008, a Member State having been granted a derogation until 1 January 2011 shall continue to apply the provisions of Council Directive 93/25/EEC until that date,

HAS ADOPTED THIS DECISION:

Article 1

1. Bulgaria and Germany shall be granted a derogation from application of Regulation (EC) No 1165/2008 for a period ending on 1 January 2010.

2. Germany shall be granted a derogation from application of Regulation (EC) No 1165/2008 concerning sheep and goats for a period ending on 1 January 2011.

Article 2

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

This Decision shall apply as from 1 January 2009.

Done at Brussels, 10 June 2010. For the Commission Olli REHN Member of the Commission

(1) OJ L 321, 1.12.2008, p. 1.

(2) OJ L 149, 21.6.1993, p. 1.

(3) OJ L 149, 21.6.1993, p. 5.

(4) OJ L 149, 21.6.1993, p. 10.
EN Official Journal of the European Union L 178/28

COUNCIL DECISION 2010/386/CFSP

of 12 July 2010

updating the list of persons, groups and entities subject to Articles 2, 3 and 4 of Common Position 2001/931/CFSP on the application of specific measures to combat terrorism

THE COUNCIL OF THE EUROPEAN UNION,

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

Whereas:

(1) On 27 December 2001, the Council adopted Common Position 2001/931/CFSP on the application of specific measures to combat terrorism (1).

(2) On 22 December 2009, the Council adopted Decision 2009/1004/CFSP updating the list of persons, groups and entities subject to Articles 2, 3 and 4 of Common Position 2001/931/CFSP (2).

(3) In accordance with Article 1(6) of Common Position 2001/931/CFSP, it is necessary to carry out a complete review of the list of persons, groups and entities to which Decision 2009/1004/CFSP applies.

(4) This Decision sets out the result of the review that the Council has carried out in respect of the persons, groups and entities to which Articles 2, 3 and 4 of Common Position 2001/931/CFSP apply.

(5) The Council has determined that there are no longer grounds for keeping certain groups on the list of persons, groups and entities to which Articles 2, 3 and 4 of Common Position 2001/931/CFSP apply.

(6) The Council has concluded, that with the exception of the groups referred to in recital 5, the other persons, groups and entities to which Articles 2, 3 and 4 of Common Position 2001/931/CFSP apply have been involved in terrorist acts within the meaning of Article 1(2) and (3) of Common Position 2001/931/CFSP, that a decision has been taken with respect to them by a competent authority within the meaning of Article 1(4) of that Common Position, and that they should continue to be subject to the specific restrictive measures provided for therein.

(7) The list of the persons, groups and entities to which Articles 2, 3 and 4 of Common Position 2001/931/CFSP apply should be updated accordingly,

HAS ADOPTED THIS DECISION:

Article 1

The list of persons, groups and entities to which Articles 2, 3 and 4 of Common Position 2001/931/CFSP apply shall be that set out in the Annex to this Decision.

Article 2

Decision 2009/1004/CFSP is hereby repealed.

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, 12 July 2010. For the Council The President S. LARUELLE

(1) OJ L 344, 28.12.2001, p. 93.

(2) OJ L 346, 23.12.2009, p. 58.
EN Official Journal of the European Union L 166/21

COUNCIL DECISION

of 29 June 2010

appointing one Romanian member of the Committee of the Regions

(2010/366/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 Romanian Government,

Whereas:

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

(2) A member’s seat on the Committee of the Regions has become vacant following the end of term of Mr Cristian ANGHEL,

HAS ADOPTED THIS DECISION:

Article 1

The following is hereby appointed to the Committee of the Regions as member for the remainder of the current term of office, which runs until 25 January 2015:

— Dl Romeo STAVARACHE Primarul municipiului Bacău, județul Bacău

Article 2

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

Done at Luxembourg, 29 June 2010. For the Council The President E. ESPINOSA

(1) OJ L 348, 29.12.2009, p. 22 and OJ L 12, 19.1.2010, p. 11.
EN Official Journal of the European Union C 268/1

COUNCIL DECISION

of 27 September 2010

appointing and replacing members of the Governing Board of the European Centre for the Development of Vocational Training

2010/C 268/01

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to Council Regulation (EEC) No 337/75 of 10 February 1975 establishing the European Centre for the Development of Vocational Training, and in particular Article 4 thereof (1),

Having regard to the nomination submitted by the Maltese Government,

Whereas:

(1) By its Decision of 14 September 2009 (2), the Council appointed the members of the Governing Board of the European Centre for the Development of Vocational Training for the period from 18 September 2009 to 17 September 2012.

(2) A member's seat on the Governing Board of the Centre in the category of Government representatives has become vacant as a result of the resignation of Mr Paul ATTARD,

HAS DECIDED AS FOLLOWS:

Sole Article

The following person is hereby appointed member of the Governing Board of the European Centre for the Development of Vocational Training for the remainder of the term of office, which runs until 17 September 2012:

GOVERNMENT REPRESENTATIVE:

MALTA: Mr James Joachim CALLEJA

Done at Brussels, 27 September 2010. For the Council The President K. PEETERS

(1) OJ L 39, 13.2.1975, p. 1.

(2) OJ C 226, 19.9.2009, p. 2.
EN Official Journal of the European Union L 308/52

COUNCIL DECISION

of 22 November 2010

appointing one Austrian member and two Austrian alternate members of the Committee of the Regions

(2010/708/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 from the Austrian Government,

Whereas:

(1) On 22 December 2009 and 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 Johannes PEINSTEINER.

(3) An alternate member’s seat has become vacant following the appointment of Mr Markus LINHART as a member of the Committee of the Regions.

(4) An alternate member’s seat has become vacant following the end of the term of office of Ms Marianne FÜGL,

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 a member: — Herr Dipl.-Ing. Markus LINHART, Bürgermeister von Bregenz; and

(b) as alternate members: — Herr Johannes PEINSTEINER, Bürgermeister von St. Wolfgang und Landtagsabgeordneter, — Herr Hannes WENINGER, Gemeinderat und Nationalratsabgeordneter.

Article 2

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

Done at Brussels, 22 November 2010. For the Council The President S. VANACKERE

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

(2) OJ L 12, 19.1.2010, p. 11.
(3)

in Article 12, paragraph 1 is replaced by the following: ‘1. On the basis of Somalia’s acceptance of the exercise of jurisdiction by Member States or by third States, on the one hand, and Article 105 of the United Nations Convention on the Law of the Sea, on the other hand, persons suspected of intending, as referred to in Articles 101 and 103 of the United Nations Convention on the Law of the Sea, to commit, committing or having committed acts of piracy or armed robbery in Somali territorial waters or on the high seas, who are arrested and detained, with a view to their prosecution, and property used to carry out such acts, shall be transferred: — to the competent authorities of the Member State or of the third State participating in the operation, of which the vessel which took them captive flies the flag, or — if that State cannot, or does not wish to, exercise its jurisdiction, to a Member State or any third State which wishes to exercise its jurisdiction over the aforementioned persons and property.’;