ddrg/super_eurlex huggingface dataset:
EN Official Journal of the European Union L 215/10

COMMISSION DECISION

of 8 August 2008

amending Decision 2007/27/EC adopting certain transitional measures concerning deliveries of raw milk to processing establishments and the processing of this raw milk in Romania with regard to the requirements of Regulation (EC) No 852/2004 and (EC) No 853/2004 of the European Parliament and of the Council

(notified under document number C(2008) 4215)

(Text with EEA relevance)

(2008/663/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to the Treaty of Accession of Bulgaria and Romania,

Having regard to the Act of Accession of Bulgaria and Romania, and in particular Article 42 thereof,

Whereas:

(1) Commission Decision 2007/27/EC (1) sets out lists of milk processing establishments in Romania that comply with the structural requirements laid down in Regulation (EC) No 852/2004 of the European Parliament and of the Council (2) (compliant establishments) and are authorized to receive and process raw milk which is not in compliance with Regulation (EC) No 853/2004 of the European Parliament and of the Council (3) (non-compliant milk).

(2) Chapter I of the Annex to Decision 2007/27/EC lists compliant establishments authorised to receive and process without separation compliant and non-compliant milk while Chapter II of that Annex lists compliant establishments authorised to receive and process separately compliant and non-compliant milk.

(3) Decision 2007/27/EC has been amended by Commission Decisions 2007/557/EC (4) and 2008/452/EC.

(4) One establishment listed in Chapter I of the Annex to Decision 2007/27/EC has chosen to process only compliant raw milk. That establishment should therefore be deleted from the list in Chapter I of that Annex.

(5) Furthermore, certain milk processing establishments are now in compliance with Community legislation. Those establishments process compliant and non-compliant milk without separation and should be added to the list in Chapter I of the Annex to Decision 2007/27/EC.

(6) Chapter I of the Annex to Decision 2007/27/EC should therefore be amended accordingly.

(7) 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

Chapter I of the Annex to Decision 2007/27/EC is amended in accordance with the Annex to this Decision.

Article 2

This Decision is addressed to the Member States.

Done at Brussels, 8 August 2008. For the Commission Androulla VASSILIOU Member of the Commission

(1) OJ L 8, 13.1.2007, p. 45. Decision as last amended by Decision 2008/452/EC (OJ L 158, 18.6.2008, p. 58).

(2) OJ L 139, 30.4.2004, p. 1, as corrected by OJ L 226, 25.6.2004, p. 3.

(3) OJ L 139, 30.4.2004, p. 55, as corrected by OJ L 226, 25.6.2004, p. 22.

(4) OJ L 212, 14.8.2007, p. 15.
EN Official Journal of the European Union L 220/30

COMMISSION DECISION

of 13 August 2008

amending Decision 2007/683/EC approving the plan for the eradication of classical swine fever in feral pigs in certain areas of Hungary

(notified under document number C(2008) 4321)

(Only the Hungarian text is authentic)

(2008/674/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) thereof,

Whereas:

(1) Commission Decision 2007/683/EC (2) approved a plan submitted by Hungary on 11 July 2007 for the eradication of classical swine fever in feral pigs in the areas of that Member State set out in the Annex to that Decision.

(2) Hungary has informed the Commission about the recent evolution of classical swine fever in feral pigs in that Member State. In the light of the epidemiological information available, the measures set out in the plan for the eradication of classical swine fever in feral pigs need to be extended to certain areas of the county of Heves and the county of Borsod-Abaúj-Zemplén.

(3) For the sake of transparency of Community legislation, the Annex to Decision 2007/683/EC should be replaced by the text in the Annex to this Decision.

(4) Decision 2007/683/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 2007/683/EC is replaced by the text in the Annex to this Decision.

Article 2

This Decision is addressed to the Republic of Hungary.

Done at Brussels, 13 August 2008. For the Commission Androulla VASSILIOU Member of the Commission

(1) OJ L 316, 1.12.2001, p. 5. Directive as last amended by Commission Decision 2007/729/EC (OJ L 294, 13.11.2007, p. 26).

(2) OJ L 281, 25.10.2007, p. 27. Decision as amended by Decision 2008/159/EC (OJ L 51, 26.2.2008, p. 21).
EN Official Journal of the European Union L 247/56

COUNCIL DECISION 2008/732/CFSP

of 15 September 2008

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 persons who are engaged in activities which help individuals indicted by the International Criminal Tribunal for the former Yugoslavia (ICTY) to continue to evade justice, or who are otherwise acting in a manner which could obstruct the ICTY’s effective implementation of its mandate.

(2) Following the transfer of Radovan KARADZIC to the custody of the ICTY on 30 July 2008, certain persons connected with Mr KARADZIC should be removed from the list in the Annex to Common Position 2004/293/CFSP.

(3) 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, 15 September 2008. For the Council The President B. KOUCHNER

(1) OJ L 94, 31.3.2004, p. 65.
EN Official Journal of the European Union L 247/26

COUNCIL DECISION

of 15 September 2008

appointing a Belgian member and a Belgian alternate member of the Committee of the Regions

(2008/728/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 of the Belgian Government,

Whereas:

(1) On 24 January 2006, the Council adopted Decision 2006/116/EC appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2006 to 25 January 2010 (1).

(2) A member’s seat on the Committee of the Regions has become vacant following the resignation of Mrs Joëlle KAPOMPOLÉ. An alternate member’s seat has become vacant following the appointment of Mr Patrick LACHAERT as a member of the Committee of the Regions,

HAS DECIDED AS FOLLOWS:

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 2010:

(a) as a member: Mr Patrick LACHAERT, Vlaams Volksvertegenwoordiger (change of mandate); and

(b) as an alternate member: Mr Marc VAN DEN ABEELEN, Vlaams Volksvertegenwoordiger.

Article 2

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

Done at Brussels, 15 September 2008. For the Council The President B. KOUCHNER

(1) OJ L 56, 25.2.2006, p. 75.
(6)

Germany, Italy, Denmark, Spain, Portugal and Sweden have adjusted the names and boundaries of their veterinary regions. The adjustment of those regions affects the Animal Disease Notification System. The new regions should therefore replace those currently listed in that system. It is therefore appropriate to amend Annexes X/01, X/03, X/09, X/11, X/12 and X/16 to Decision 2005/176/EC accordingly.
EN Official Journal of the European Union L 267/30

COUNCIL DECISION

of 2 October 2008

appointing an Austrian member and alternate member of the Committee of the Regions

(2008/778/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 of the Austrian Government,

Whereas:

(1) On 24 January 2006, the Council adopted Decision 2006/116/EC appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2006 to 25 January 2010 (1).

(2) A member’s seat on the Committee of the Regions has become vacant following the expiry of the mandate of Dr Herwig VAN STAA. An alternate members’ seat has become vacant following the expiry of the mandate of Ms Elisabeth ZANON,

HAS DECIDED AS FOLLOWS:

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 2010:

(a) as a member: Dr Herwig VAN STAA, Präsident des Tiroler Landtages.

(b) as an alternate member: Mr Günther PLATTER, Landeshauptmann, Tirol.

Article 2

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

Done at Luxembourg, 2 October 2008. For the Council The President X. BERTRAND

(1) OJ L 56, 25.2.2006, p. 75.
EN Official Journal of the European Union L 298/30

POLITICAL AND SECURITY COMMITTEE DECISION EUPM/1/2008

of 24 October 2008

concerning the appointment of the Head of Mission/Police Commissioner of the European Union Police Mission (EUPM) in Bosnia and Herzegovina

(2008/835/CFSP)

THE POLITICAL AND SECURITY COMMITTEE,

Having regard to the Treaty on European Union and in particular the third paragraph of Article 25 thereof,

Having regard to Joint Action 2007/749/CFSP of 19 November 2007 on the European Union Police Mission (EUPM) in Bosnia and Herzegovina (BiH) (1), and in particular Article 10(1) thereof,

Whereas:

(1) Under Article 10(1) of Joint Action 2007/749/CFSP, the Political and Security Committee (PSC) is authorised, in accordance with Article 25 of the Treaty, to take the relevant decisions, including the decision to appoint a Head of Mission/Police Commissioner.

(2) The Secretary-General/High Representative has proposed to the PSC that Mr Stefan FELLER should be appointed as Head of Mission of the EUPM,

HAS ADOPTED THIS DECISION:

Article 1

Mr Stefan FELLER is hereby appointed Head of Mission/Police Commissioner of the European Union Police Mission (EUPM) in Bosnia and Herzegovina with effect from 1 November 2008.

Article 2

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

It shall apply until 31 December 2009.

Done at Brussels, 24 October 2008. For the Political and Security Committee The Chairman C. ROGER

(1) OJ L 303, 21.11.2007, p. 40.
paragraphs 1 and 2 are replaced by the following:

‘1. The Committee shall comprise one full member per Member State.

One alternate member may be appointed for each full member. An alternate member shall attend the Committee meetings only when the full member is unable to be present.

2. Full and alternate members of the Committee shall be appointed by the Commission on a proposal by the Member State.

When submitting the names of their nominees to the Commission, the Member States shall ensure that these are the senior representatives of their labour inspection services with a mandate to carry out the tasks of the Committee.’;
EN Official Journal of the European Union L 14/5

COMMISSION DECISION

of 20 December 2007

on the clearance of the accounts of certain paying agencies in Germany, Italy, Luxembourg and Portugal concerning expenditure financed by the European Agricultural Guidance and Guarantee Fund (EAGGF), Guarantee Section, for the 2005 financial year

(notified under document number C(2007) 6531)

(Only the German, Italian, French and Portuguese texts are authentic)

(2008/53/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 Decisions 2006/322/EC (2) and 2007/326/EC (3) cleared, for the 2005 financial year, the accounts of all the paying agencies except for the German paying agency ‘Bayern-Umwelt’, the Italian paying agency ‘AGEA’, the Luxembourg paying agency ‘Ministère de l’Agriculture’ and the Portuguese paying agency ‘IFADAP’.

(2) Following the transmission of new information and after additional checks, the Commission can now take a decision on the integrality, accuracy and veracity of the accounts submitted by the German paying agency ‘Bayern-Umwelt’, the Italian paying agency ‘AGEA’, the Luxembourg paying agency ‘Ministère de l’Agriculture’ and the Portuguese paying agency ‘IFADAP’.

(3) In clearing the accounts of the paying agencies concerned, the Commission must take account of the amounts already withheld from the Member States concerned on the basis of Decision 2006/322/EC.

(4) In accordance with the second subparagraph of Article 7(3) of Regulation (EC) No 1258/1999, this Decision does not prejudice decisions adopted 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 German paying agency ‘Bayern-Umwelt’, the Italian paying agency ‘AGEA’, the Luxembourg paying agency ‘Ministère de l’Agriculture’ and the Portuguese paying agency ‘IFADAP’ concerning expenditure financed by the European Agricultural Guidance and Guarantee Fund (EAGGF), Guarantee Section, for the 2005 financial year are hereby cleared.

The amounts which are recoverable from, or payable to, each of the Member States concerned pursuant to this Decision are set out in the Annex.

Article 2

This Decision is addressed to the Federal Republic of Germany, the Italian Republic, the Grand Duchy of Luxembourg and the Portuguese Republic.

Done at Brussels, 20 December 2007. For the Commission Mariann FISCHER BOEL Member of the Commission

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

(2) OJ L 118, 3.5.2006, p. 20.

(3) OJ L 122, 11.5.2007, p. 47.
EN Official Journal of the European Union L 44/31

COMMISSION DECISION

of 21 September 2007

on State aid promoting investment in the rationalisation of steep-slope winegrowing in Rhineland Palatinate

(notified under document number C(2007) 4462)

(Only the German text is authentic)

(2008/139/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community, and in particular Article 88(2) thereof,

Having called on interested parties to submit their comments pursuant to the provision(s) cited above (1),

Whereas:

I. THE PROCEDURE

(1) By letter of 30 September 1994, received on 7 October 1994, the German authorities notified the above mentioned aid pursuant to Article 93(3) (now Article 88(3)) of the EC Treaty.

(2) By letter No SG(95) D/4615 of 7 April 1995, the Commission opened the formal investigation procedure pursuant to Article 93(2) (now Article 88(2)) of the EC Treaty (2). Germany subsequently expressed comments by letter of 29 May 1995 and 24 June 1996. No comments from interested third parties were received by the Commission. The German authorities sent the Commission additional information by letter of 1 June 2007.

(3) By letter of 24 June 1996, Germany informed the Commission that it was withdrawing the notified measure. In reply to a question from the Commission, Germany has also confirmed that the investment aid has not been paid.

II. CONCLUSION

(4) Up to the date on which it received the notification from Germany, the Commission had not taken any formal decision on the notification in question. In these circumstances, it accepts the withdrawal of the notification within the meaning of Article 8(1) of Council Regulation (EC) No 659/1999 of 22 March 1999 laying down detailed rules for the application of Article 93 of the EC Treaty (3).

(5) The formal investigation procedure should therefore be closed pursuant to Article 8(2) of Regulation (EC) No 659/1999 as it is now superfluous,

HAS ADOPTED THIS DECISION:

Article 1

The formal investigation procedure regarding aid promoting investment in the rationalisation of steep-slope winegrowing in Rhineland Palatinate is hereby closed pursuant to Article 8(2) of Regulation (EC) No 659/1999.

Article 2

This Decision is addressed to the Federal Republic of Germany.

Done at Brussels, 21 September 2007. For the Commission Mariann FISCHER BOEL Member of the Commission

(1) OJ C 169, 5.7.1995, p. 12.

(2) OJ C 359, 11.12.1999, p. 27.

(3) OJ L 83, 27.3.1999.
(5)

In 2000, the investigation concluded on the certificate of origin that the burdensome requirements appeared to infringe Article VIII.3 and X of GATT 1994, Article 7.1 of the WTO Agreement on Textiles and Clothing and to contravene the recommendations of Article VIII.1(c) of GATT 1994. The measures on labelling requirements appeared to violate Article 2.2 of the WTO Agreement on Technical Barriers to Trade and to contravene the recommendations of Article VIII.1(c) of GATT 1994. As regards the requirements of the Declaration Form On Product Composition, they appeared to be in breach of Article 2 of the WTO Agreement on Import Licensing Procedures. As for the procedure for controlling the customs value, the Commission services could not express a definitive position due to the recent introduction of a new law regulating this matter. On the pre-shipment inspection issue, no violation of any particular provision of the WTO Agreement on Pre-shipment Inspection could be found. However, it did not appear to adhere to the purpose and spirit of the Agreement. Finally, no violation of WTO rules had been identified with respect to the statistical tax, and the issue of the discriminatory VAT was already addressed in the context of another TBR procedure concerning the import of finished leather in Argentina (3).
EN Official Journal of the European Union L 214/70

COMMISSION DECISION

of 28 July 2008

on the admissibility of the notifications concerning the renewal of the inclusion in Annex I to Council Directive 91/414/EEC of the active substances azimsulfuron, azoxystrobin, fluroxypyr, imazalil, kresoxim-methyl, prohexadion-calcium and spiroxamin, and establishing the list of the notifiers concerned

(notified under document number C(2008) 3855)

(Text with EEA relevance)

(2008/656/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Directive 91/414/EEC of 15 July 1991 concerning the placing of plant protection products on the market (1),

Having regard to Commission Regulation (EC) No 737/2007 of 27 June 2007 on laying down the procedure for the renewal of the inclusion of a first group of active substances in Annex I to Council Directive 91/414/EEC and establishing the list of those substances (2), and in particular Article 5 thereof,

Whereas:

(1) Directive 91/414/EEC provides that on request, the inclusion of an active substance may be renewed once or more for a period not exceeding 10 years.

(2) The producers of the active substances listed in Annex I to Regulation (EC) No 737/2007 have submitted notifications to the rapporteur Member States concerned requesting the renewal of the inclusions of those active substances in Annex I to Directive 91/414/EEC.

(3) The rapporteur Member States concerned have assessed the notifications and communicated their assessments to the Commission. Based on those assessments the notifications should be found admissible.

(4) The names and addresses of the producers whose notification has been found admissible should be published by the Commission in order to ensure that contacts can be made for presenting joint dossiers,

HAS ADOPTED THIS DECISION:

Article 1

The notifications submitted by the producers listed in the Annex are admissible.

The names and addresses of those producers are as set out in the Annex.

Article 2

This Decision is addressed to the Member States.

Done at Brussels, 28 July 2008. For the Commission Androulla VASSILIOU Member of the Commission

(1) OJ L 230, 19.8.1991, p. 1. Directive as last amended by Commission Directive 2008/70/EC (OJ L 185, 12.7.2008, p. 40).

(2) OJ L 169, 29.6.2007, p. 10.
EN Official Journal of the European Union L 200/24

COMMISSION DECISION

of 24 July 2008

on a financial contribution from the Community towards emergency measures to combat Newcastle disease in Estonia in 2007

(notified under document number C(2008) 3723)

(Only the Estonian text is authentic)

(2008/623/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Decision 90/424/EEC of 26 June 1990 on expenditure in the veterinary field (1), and in particular Articles 3(3) and 4(2) thereof,

Whereas:

(1) Decision 90/424/EEC lays down the procedures governing the Community’s financial contribution towards specific veterinary measures, including emergency measures. Pursuant to Article 4(2) of that Decision, Member States shall obtain a financial contribution towards the costs of certain measures to eradicate Newcastle disease.

(2) Articles 3(5) and 4(2) of Decision 90/424/EEC lay down rules on the percentage of the costs incurred by the Member State that may be covered by the Community's financial contribution.

(3) The payment of a Community financial contribution towards emergency measures to eradicate Newcastle disease is subject to the rules laid down in Commission Regulation (EC) No 349/2005 of 28 February 2005 laying down rules on the Community financing of emergency measures and of the campaign to combat certain animal diseases under Council Decision 90/424/EEC (2).

(4) Outbreaks of Newcastle disease occurred in Estonia in 2007. The emergence of that disease represents a serious risk to the Community's livestock population. Estonia took measures, in accordance with Article 3(2) of Decision 90/424/EEC, to combat those outbreaks.

(5) Estonia has fully complied with its technical and administrative obligations as set out in Article 3(3) of Decision 90/424/EEC and Article 6 of Regulation (EC) No 349/2005.

(6) On 6 October 2007, Estonia submitted an estimate of the costs incurred in taking measures to eradicate Newcastle disease.

(7) 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

Financial contribution from the Community to Estonia

A financial contribution from the Community may be granted to Estonia towards the costs incurred by that Member State in taking measures pursuant to Article 3(2) and 4(2) of Decision 90/424/EEC, to combat Newcastle disease in 2007.

Article 2

Addressee

This Decision is addressed to the Republic of Estonia.

Done at Brussels, 24 July 2008. For the Commission Androulla VASSILIOU Member of the Commission

(1) OJ L 224, 18.8.1990, p. 19. Decision as last amended by Regulation (EC) No 1791/2006 (OJ L 363, 20.12.2006, p. 1).

(2) OJ L 55, 1.3.2005, p. 12.