ddrg/super_eurlex huggingface dataset:
EN Official Journal of the European Union L 321/39

COUNCIL DECISION

of 30 November 2009

on the conclusion of the Agreement between the European Community and the Commonwealth of the Bahamas on the short-stay visa waiver

(2009/897/EC)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular point 2(b)(i) of Article 62, in conjunction with the first sentence of the first subparagraph of Article 300(2) and the first subparagraph of Article 300(3) thereof,

Having regard to the proposal from the Commission,

Having regard to the Opinion of the European Parliament (1),

Whereas:

(1) The Commission has negotiated on behalf of the European Community an Agreement with the Commonwealth of the Bahamas on the short-stay visa waiver (hereinafter ‘the Agreement’).

(2) The Agreement was signed on behalf of the Community on 28 May 2009 and has been provisionally applied since that date, subject to its conclusion at a later date, in accordance with Council Decision 2009/481/EC (2).

(3) The Agreement should be approved.

(4) The Agreement establishes a Joint Committee for the management of the Agreement, which should adopt its rules of procedure. It is appropriate to provide for a simplified procedure for the establishment of the Community position on the adoption of those rules of procedure.

(5) In accordance with Articles 1 and 2 of the Protocol on the position of the United Kingdom and Ireland, annexed to the Treaty on European Union and to the Treaty establishing the European Community, and without prejudice to Article 4 of the said Protocol, these Member States are not taking part in the adoption of this Decision and are not bound by it or subject to its application,

HAS DECIDED AS FOLLOWS:

Article 1

The Agreement between the European Community and the Commonwealth of the Bahamas on the short-stay visa waiver (3) is hereby approved on behalf of the Community.

Article 2

The President of the Council shall give the notification provided for in Article 8(1) of the Agreement (4).

Article 3

The Community shall be represented by the Commission, assisted by experts from Member States, in the Joint Committee of experts established by Article 6 of the Agreement.

Article 4

The position of the Community within the Joint Committee of experts with regard to the adoption of its rules of procedure as required under Article 6(4) of the Agreement shall be taken by the Commission after consultation with a special committee designated by the Council.

Article 5

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

Done at Brussels, 30 November 2009. For the Council The President B. ASK

(1) Opinion of 20 October 2009 (not yet published in the Official Journal).

(2) OJ L 169, 30.6.2009, p. 23.

(3) For the text of the Agreement see OJ L 169, 30.6.2009, p. 24.

(4) The date of entry into force of the Agreement will be published in the Official Journal of the European Union by the General Secretariat of the Council.
EN Official Journal of the European Union L 325/3

COUNCIL DECISION

of 30 November 2009

appointing one Italian member of the Committee of the Regions

(2009/932/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 Italian 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 end of the term of office of Mr Piero MARRAZZO,

HAS DECIDED AS FOLLOWS:

Article 1

The following is hereby appointed to the Committee of the Regions as a member for the remainder of the current term of office, which runs until 25 January 2010:

Mr Massimo PINESCHI, Consigliere regionale, Regione Lazio

Article 2

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

Done at Brussels, 30 November 2009. For the Council The President B. ASK

(1) OJ L 56, 25.2.2006, p. 75.
EN Official Journal of the European Union L 330/79

POLITICAL AND SECURITY COMMITTEE DECISION EUPM/1/2009

of 15 December 2009

concerning the extension of the mandate of the Head of Mission of the European Union Police Mission (EUPM) in Bosnia and Herzegovina (BiH)

(2009/958/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 Decision 2009/906/CFSP of 8 December 2009 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 Decision 2009/906/CFSP, the Political and Security Committee (PSC) is authorised, in accordance with Article 38 of the Treaty, to take the relevant decisions for the purposes of political control and strategic direction of EUPM and in particular to appoint a Head of Mission.

(2) On 24 October 2008, upon a proposal by the Secretary General/High Representative (SG/HR), the PSC appointed by its Decision 2008/835/CFSP (2) Mr Stefan FELLER as Head of Mission of EUPM until 31 December 2009.

(3) On 13 November 2009, the SG/HR proposed to the PSC that it extend the mandate of Mr Stefan FELLER as Head of Mission of EUPM for an additional year, until 31 December 2010.

HAS ADOPTED THIS DECISION:

Article 1

The mandate of Mr Stefan FELLER as Head of Mission of the European Union Police Mission in Bosnia and Herzegovina is hereby extended until 31 December 2010.

Article 2

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

It shall apply until 31 December 2010.

Article 3

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

Done at Brussels, 15 December 2009. For the Political and Security Committee The President O. SKOOG

(1) OJ L 322, 9.12.2009, p. 22.

(2) OJ L 298, 7.11.2008, p. 30.
EN Official Journal of the European Union L 346/58

COUNCIL DECISION 2009/1004/CFSP

of 22 December 2009

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 15 June 2009, the Council adopted Common Position 2009/468/CFSP updating 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 Common Position 2009/468/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) Following the judgment of the Court of First Instance of 30 September 2009 in Case T-341/07, one person has not been included in 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 also concluded that the entry concerning one group in the list should be amended.

(7) The Council has concluded that with the exception of the person 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.

(8) 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

Common Position 2009/468/CFSP is hereby repealed insofar as it concerns persons, groups and entities to which Articles 2, 3 and 4 of Common Position 2001/931/CFSP apply.

Article 3

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

Article 4

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

Done at Brussels, 22 December 2009. For the Council The President A. CARLGREN

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

(2) OJ L 151, 16.6.2009, p. 45.
EN Official Journal of the European Union L 23/30

COMMISSION DECISION

of 20 November 2008

defining a format for the submission of the information by Member States in accordance with Article 7(4)(b)(iii) of the Regulation (EC) No 850/2004 of the European Parliament and of the Council

(notified under document number C(2008) 6917)

(Text with EEA relevance)

(2009/63/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Regulation (EC) No 850/2004 of the European Parliament and of the Council of 29 April 2004 on persistent organic pollutants and amending Directive 79/117/EEC (1), and in particular Article 7(4)(b)(iii), 7(6) and Article 17(2) thereof,

Whereas:

(1) Experience with the application of the derogation laid down in Article 7(4)(b) is still lacking. The notifications will contribute to its review to be carried out before 31 December 2009 pursuant to Article 7(7) and to the report on the application of the Regulation pursuant to Article 12(6).

(2) The authorised operations shall be individually notified to the other Member States and the Commission. The notification should be efficient and focussed on the genuinely necessary information in order to avoid unnecessary burdens for the Member States and the Commission.

(3) The notification should be clear and should aim for avoiding ambiguous information. To this end the questions under points 1, 2 and 3 are worded in a manner that only allows answers in a standardised or commonly agreed format.

(4) The questionnaire includes a reference to the authorisation number and place, which enables a retrieval of the complete authorisation of the derogation and the justification for it, if necessary.

(5) The measures provided for in this Decision are in accordance with the opinion of the Committee established by Article 18 of Directive 2006/12/EC of the European Parliament and of the Council of 5 April 2006 on waste (2),

HAS ADOPTED THIS DECISION:

Article 1

The questionnaire set out in the Annex to this Decision is hereby adopted.

Article 2

The Member States shall use the questionnaire as a basis for their notification pursuant to Article 7(4)(b)(iii) of Regulation (EC) No 850/2004.

Article 3

This Decision is addressed to the Member States.

Done at Brussels, 20 November 2008. For the Commission Stavros DIMAS Member of the Commission

(1) OJ L 158, 30.4.2004, p. 7; corrected version in OJ L 229, 29.6.2004, p. 5.

(2) OJ L 114, 27.4.2006, p. 9.
EN Official Journal of the European Union L 73/19

COUNCIL DECISION

of 16 February 2009

on the conclusion of a Protocol to the Euro-Mediterranean Agreement establishing an Association between the European Communities and their Member States, of the one part, and the Kingdom of Morocco, of the other part, to take account of the accession of the Republic of Bulgaria and Romania to the European Union

(2009/246/EC)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 310 in conjunction with the second sentence of the first subparagraph of Article 300(2) and the second subparagraph of Article 300(3) thereof,

Having regard to the 2005 Act of Accession, in particular Article 6(2) thereof,

Having regard to the proposal from the Commission,

Having regard to the assent of the European Parliament (1),

Whereas:

(1) The Protocol to the Euro-Mediterranean Agreement establishing an Association between the European Communities and their Member States, of the one part, and the Kingdom of Morocco, of the other part, to take account of the accession of the Republic of Bulgaria and Romania to the European Union (hereinafter the Protocol), was signed on behalf of the European Community and its Member States at Luxembourg on 13 October 2008, subject to its conclusion at a subsequent date in accordance with Council Decision 2008/881/EC (2).

(2) The Protocol should be approved,

HAS DECIDED AS FOLLOWS:

Article 1

The Protocol to the Euro-Mediterranean Agreement establishing an Association between the European Communities and their Member States, of the one part, and the Kingdom of Morocco, of the other part, to take account of the accession of the Republic of Bulgaria and Romania to the European Union is hereby approved on behalf of the European Community and its Member States.

The text of the Protocol is attached to this Decision (3).

Article 2

The President of the Council shall, on behalf of the Community and its Member States, deposit the acts provided for in Article 8 of the Protocol.

Done at Brussels, 16 February 2009. For the Council The President O. LIŠKA

(1) Assent of 16 December 2008 (not yet published in the Official Journal).

(2) OJ L 324, 3.12.2008, p. 1.

(3) See OJ L 324, 3.12.2008, p. 3.
EN Official Journal of the European Union L 124/64

COUNCIL DECISION

of 18 May 2009

establishing the position to be adopted, on behalf of the Community, within the International Sugar Council as regards the extension of the International Sugar Agreement 1992

(2009/394/EC)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 133 in conjunction with the second subparagraph of Article 300(2) thereof,

Having regard to the proposal from the Commission,

Whereas:

The International Sugar Agreement 1992 was concluded by the Community by Council Decision 92/580/EEC (1) and entered into force on 1 January 1993 for a period of three years until 31 December 1995. Since then, it has been regularly extended for further periods of two years. That Agreement was last extended by decision of the International Sugar Council in May 2007 and remains into force until 31 December 2009. A further extension is in the interest of the Community. The Commission, which represents the Community in the International Sugar Council, should therefore be authorised to vote in favour of such extension,

HAS DECIDED AS FOLLOWS:

Sole Article

The Community's position within the International Sugar Council shall be to vote in favour of the extension of the International Sugar Agreement 1992 for a further period up to two years.

The Commission is hereby authorised to express this position within the International Sugar Council.

Done at Brussels, 18 May 2009. For the Council The President J. KOHOUT

(1) OJ L 379, 23.12.1992, p. 15.
(9)

According to the Polish authorities the company wanted to take advantage of the opportunity created by amendments to the Act of 30 October 2002 on State aid for enterprises of special significance for the labour market which expanded the scope for writing off public law liabilities (Chapter 5a), but imposed additional requirements on the company, such as identifying part of its assets for transfer to an independent Operator. The Operator had to be a company wholly owned by ARP or the State Treasury. The proceeds from the sale of these assets by the Operator were to cover at least part of the public law liabilities of the company being restructured, and the remainder were to be written off when restructuring was completed. On 19 March 2006 the deadline for completing the restructuring procedure under Chapter 5a of the Act of 19 March 2006 expired, without the sale of assets by the Operator having taken place. Despite this, the President of ARP, in a decision dated 27 June 2006, declared that the restructuring had been completed as Odlewnia Śrem had recovered its viability and all that was now needed for full completion of the restructuring was the Commission’s consent to the arrangement allowing the company to pay its public law liabilities in instalments. Following the unsatisfactory termination of the Chapter 5a procedure, the company contacted its five public creditors to ask them to defer the payment deadlines for its liabilities on the basis of the more generally applicable provisions of tax law, which was less advantageous for them than the arrangement provided for in Chapter 5a.
EN Official Journal of the European Union L 224/11

COMMISSION DECISION

of 20 August 2009

authorising methods for grading pig carcases in Slovakia

(notified under document C(2009) 6389)

(Only the Slovak text is authentic)

(2009/622/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) (1), and in particular Article 43, point (m), in conjunction with Article 4 thereof,

Whereas:

(1) Under Annex V, point B.IV, paragraph 1 of Regulation (EC) No 1234/2007, the grading of pig carcases is to be determined by estimating the lean meat content by means of statistically proven assessment methods based on the physical measurement of one or more anatomical parts of the pig carcase. The authorisation of grading methods is subject to compliance with a maximum tolerance for statistical error in assessment. This tolerance is defined in Article 23(3) of Commission Regulation (EC) No 1249/2008 of 10 December 2008 laying down detailed rules on the implementation of the Community scales for the classification of beef, pig and sheep carcases and the reporting of prices thereof (2).

(2) Slovakia has asked the Commission to authorise three methods for grading pig carcases and has presented the results of its dissection trials in the second part of the protocol provided for in Article 23(4) of Regulation (EC) No 1249/2008.

(3) Examination of this request has revealed that the conditions for authorising these grading methods are fulfilled.

(4) No modification of the apparata or grading methods may be authorised except by means of a new Commission Decision adopted in the light of experience gained. For this reason, the present authorisation may be revoked.

(5) The measures provided for in this Decision are in accordance with the opinion of the Management Committee for the Common Organisation of the Agricultural Markets,

HAS ADOPTED THIS DECISION:

Article 1

The use of the following methods is hereby authorised for grading pig carcases pursuant to Regulation (EC) No 1234/2007 in Slovakia:

(a) the apparatus termed ‘Two-point, (Zwei punkte — ZP)’ and assessment methods related thereto, details of which are given in Part 1 of the Annex,

(b) the apparatus termed ‘Fat-O-Meater (FOM)’ and assessment methods related thereto, details of which are given in Part 2 of the Annex,

(c) the apparatus termed ‘Ultrafom 300 (UFOM)’ and assessment methods related thereto, details of which are given in Part 3 of the Annex.

Article 2

Modifications of the apparata or the assessment methods shall not be authorised.

Article 3

This Decision is addressed to the Slovak Republic.

Done at Brussels, 20 August 2009. For the Commission Mariann FISCHER BOEL Member of the Commission

(1) OJ L 299, 16.11.2007, p. 1.

(2) OJ L 337, 16.12.2008, p. 3.
EN Official Journal of the European Union L 297/14

COMMISSION DECISION

of 10 November 2009

adjusting the weightings applicable from 1 August 2008, 1 September 2008, 1 October 2008, 1 November 2008, 1 December 2008 and 1 January 2009 to the remuneration of officials, temporary staff and contract staff of the European Communities serving in third countries

(2009/833/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to the Staff Regulations of officials of the European Communities and the conditions of employment of other servants of the Communities laid down by Regulation (EEC, Euratom, ECSC) No 259/68 (1), and in particular the second paragraph of Article 13 of Annex X thereto,

Whereas:

(1) Pursuant to the first paragraph of Article 13 of Annex X to the Staff Regulations, the weightings to be applied from 1 July 2008 to the remuneration of officials, temporary staff and contract staff of the European Communities serving in third countries payable in the currency of their country of employment were laid down by Council Regulation (EC) No 613/2009 (2).

(2) Some of these weightings need to be adjusted in accordance with the second paragraph of Article 13 of Annex X to the Staff Regulations, with effect from 1 August 2008, 1 September 2008, 1 October 2008, 1 November 2008, 1 December 2008 and 1 January 2009, since the statistics available to the Commission show that in certain third countries the variation in the cost of living measured on the basis of the weighting and the corresponding exchange rate has exceeded 5 % since weightings were last laid down,

HAS DECIDED AS FOLLOWS:

Sole Article

The weightings applied to the remuneration of officials, temporary staff and contract staff of the European Communities serving in third countries, payable in the currency of the country of employment, shall be adjusted for certain countries as shown in the Annex hereto. It contains six monthly tables showing which countries are affected and the applicable dates for each one (1 August 2008, 1 September 2008, 1 October 2008, 1 November 2008, 1 December 2008 and 1 January 2009).

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

Done at Brussels, 10 November 2009. For the Commission Benita FERRERO-WALDNER Member of the Commission

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

(2) OJ L 181, 14.7.2009, p. 1.
EN Official Journal of the European Union L 315/46

DECISION OF THE COUNCIL (GENERAL AFFAIRS)

of 1 December 2009

establishing the list of Council configurations in addition to those referred to in the second and third subparagraphs of Article 16(6) of the Treaty on European Union

(2009/878/EU)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Protocol on transitional provisions, and in particular Article 4 thereof,

Whereas:

(1) Article 4 of the Protocol on transitional provisions provides that until the entry into force of the European Council Decision referred to in the first subparagraph of Article 16(6) of the Treaty on European Union regarding the list of Council configurations, the list of Council configurations, in addition to the General Affairs and the Foreign Affairs ones, should be established by the General Affairs Council, acting by a simple majority.

(2) The list of Council configurations was established by the Council (General Affairs) on 22 July 2002, as part of Annex I to the Council's Rules of Procedure and following the list agreed upon at the European Council meeting in Seville on 21 and 22 June 2002.

(3) In order to comply with the provisions of the Treaties, it is appropriate to adapt this list, which is to be inserted in the Council's Rules of Procedure,

HAS ADOPTED THIS DECISION:

Article 1

The list of Council configurations referred to in Article 4 of the Protocol on transitional provisions is set out in Annex.

Article 2

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

It shall be published in the Official Journal of the European Union.

Done at Brussels, 1 December 2009. For the Council The President C. BILDT