ddrg/super_eurlex huggingface dataset:
(5)

In January 2008 the examination concluded that the compulsory licence provisions of the Patent Act of Chinese Taipei, Articles 76 and 77, were in violation of Article 28 of the TRIPS Agreement and raised issues of general concern for the protection of intellectual property rights. Article 76 of the Patent Act of Chinese Taipei was concluded to be inconsistent with the TRIPS Agreement's protection of the exclusive rights granted by a patent under Article 28, as it permitted the granting of a compulsory licence in circumstances where there had been no more than a failure to agree terms and conditions in a reasonable period of time. The Commission concluded that the infringement of Article 28 was not justified by Article 31 of the TRIPS Agreement. The Commission also concluded that Article 31(b)(c) and (f) of the TRIPS Agreement were not respected. It was concluded the Chinese Taipei authorities misinterpreted ‘reasonable commercial terms and conditions’ from the TRIPS Agreement and the Patent Act of Chinese Taipei, and so the decisions of the Chinese Taipei Authorities were in violation of Article 31(b) of the TRIPS Agreement. It was also concluded that Chinese Taipei infringed Article 31(c) of the TRIPS Agreement by failing to put in place any limits to the use of compulsory licences. The investigation also found a violation of Article 31(f) of the TRIPS Agreement as the condition that the licences be used predominantly for the supply of the domestic market was not respected; Gigastorage predominantly supplied the export market.
EN Official Journal of the European Union L 117/1

COUNCIL DECISION (EU) 2015/733

of 9 October 2014

on the signing, on behalf of the European Union and its Member States, and provisional application of the Additional Protocol to the Agreement on Trade, Development and Cooperation between the European Community and its Member States, of the one part, and the Republic of South Africa, of the other part, to take account of the accession of the Republic of Croatia to the European Union

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 217 in conjunction with Article 218(5) thereof,

Having regard to the Act of Accession of Croatia, and in particular the second subparagraph of Article 6(2) thereof,

Having regard to the proposal from the European Commission,

Whereas:

(1) On 24 September 2012, the Council authorised the Commission to open negotiations with the Republic of South Africa, on behalf of the Union, its Member States and the Republic of Croatia, to conclude an Additional Protocol to the Agreement on Trade, Development and Cooperation between the European Community and its Member States, of the one part, and the Republic of South Africa, of the other part (1), to take account of the accession of the Republic of Croatia to the European Union (‘the Protocol’).

(2) Those negotiations were successfully completed on 19 May 2014.

(3) The Protocol should be signed on behalf of the Union and its Member States, subject to its conclusion at a later date.

(4) The Protocol should be applied provisionally,

HAS ADOPTED THIS DECISION:

Article 1

The signing on behalf of the Union and its Member States of the Additional Protocol to the Agreement on Trade, Development and Cooperation between the European Community and its Member States, of the one part, and the Republic of South Africa, of the other part, to take account of the accession of Republic of Croatia to the European Union is hereby authorised, subject to the conclusion of the Protocol.

The text of the Protocol is attached to this Decision.

Article 2

The President of the Council is hereby authorised to designate the person(s) empowered to sign the Protocol on behalf of the Union and its Member States.

Article 3

The Protocol shall be applied on a provisional basis in accordance with Article 6(3) thereof.

The President of the Council is hereby authorised to designate the person empowered to make the notification provided for in Article 6(3) of the Protocol.

Article 4

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

Done at Luxembourg, 9 October 2014 For the Council The President A. ALFANO

(1) The text of the Agreement is published in OJ L 311, 4.12.1999, p. 3.
EN Official Journal of the European Union L 147/23

COMMISSION IMPLEMENTING DECISION (EU) 2015/903

of 10 June 2015

on a measure taken by Spain in accordance with Directive 2006/42/EC of the European Parliament and of the Council to prohibit the placing on the market of a grass trimmer manufactured by NINGBO SPARK TOOLS Co Ltd China

(notified under document C(2015) 3800)

(Text with EEA relevance)

THE EUROPEAN COMMISSION,

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

Having regard to the Directive 2006/42/EC of the European Parliament and of the Council of 17 May 2006 on machinery, and amending Directive 95/16/EC (1), and in particular Article 11(3) thereof,

Whereas:

(1) Spain informed the Commission of a measure to prohibit the placing on the market of a grass trimmer N1E-SPK-200 (CB200-08) manufactured by NINGBO SPARK TOOLS Co Ltd China, imported by ADEO SERVICES France and distributed in Spain by LEROY MERLIN Spain.

(2) The grass trimmer bore CE marking, according to Directive 2006/42/EC on machinery.

(3) The reason for taking the measure was the non-conformity of the grass trimmer with the essential health and safety requirements set out in Annex I to Directive 2006/42/EC, points 1.4.1 — General requirements for guards and protective devices, 1.4.2 — Special requirements for guards and 1.7.3 — Marking of machinery, on the grounds that the distance between the cutting plane and the protection edge of the tool was smaller than 10 mm, with the consequent risk of cut.

(4) Spain informed the distributor about the deficiencies. The distributor took the necessary measures to remove non-compliant products from the market

(5) The documentation available, the comments expressed and the action taken by the parties concerned demonstrate that the grass trimmer N1E-SPK-200 (CB200-08) fails to satisfy the essential health and safety requirements set out in Directive 2006/42/EC. It is therefore appropriate to consider the measure taken by Spain as justified,

HAS ADOPTED THIS DECISION:

Article 1

The measure taken by Spain to prohibit the placing on the market of a grass trimmer N1E-SPK-200 (CB200-08) manufactured by NINGBO SPARK TOOLS Co Ltd China, imported by ADEO SERVICES France and distributed in Spain by LEROY MERLIN Spain, is justified.

Article 2

This Decision is addressed to the Member States.

Done at Brussels, 10 June 2015. For the Commission Elżbieta BIEŃKOWSKA Member of the Commission

(1) OJ L 157, 9.6.2006, p. 24.
EN Official Journal of the European Union L 136/5

COUNCIL DECISION (EU) 2015/860

of 26 May 2015

on the signing, on behalf of the European Union, of the Amending Protocol to the Agreement between the European Community and the Swiss Confederation providing for measures equivalent to those laid down in Council Directive 2003/48/EC on taxation of savings income in the form of interest payments

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 115, in conjunction with Article 218(5) and the second paragraph of Article 218(8) thereof,

Having regard to the proposal from the European Commission,

Whereas:

(1) On 14 May 2013 the Council authorised the Commission to open negotiations with the Swiss Confederation to amend the Agreement between the European Community and the Swiss Confederation providing for measures equivalent to those laid down in Council Directive 2003/48/EC on taxation of savings income in the form of interest payments (1), in order to align that Agreement with the recent developments at global level where it was agreed to promote automatic exchange of information as an international standard.

(2) The text of the Amending Protocol, which is the result of the negotiations, duly reflects the negotiating directives issued by the Council, as it aligns the Agreement with the latest developments at international level concerning automatic exchange of information, namely the Global Standard for automatic exchange of financial account information in tax matters developed by the Organisation for Economic Cooperation and Development (OECD). The Union, its Member States and the Swiss Confederation have actively participated in the work of the OECD. The text of the Agreement, as amended by the Amending Protocol, is the legal basis for implementing the Global Standard in the relations between the Union and the Swiss Confederation.

(3) Therefore, the Amending Protocol should be signed on behalf of the Union, subject to its conclusion at a later date,

HAS ADOPTED THIS DECISION:

Article 1

The signing of the Amending Protocol to the Agreement between the European Community and the Swiss Confederation providing for measures equivalent to those laid down in Council Directive 2003/48/EC on taxation of savings income in the form of interest payments is hereby authorised on behalf of the Union, subject to the conclusion of that Amending Protocol (2).

Article 2

The President of the Council is hereby authorised to designate the person(s) empowered to sign the Amending Protocol on behalf of the Union.

Article 3

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

Done at Brussels, 26 May 2015. For the Council The President F. MOGHERINI

(1) OJ L 385, 29.12.2004, p. 30.

(2) The text of the Amending Protocol will be published together with the Decision on its conclusion.
EN Official Journal of the European Union L 157/51

COUNCIL DECISION (CFSP) 2015/972

of 22 June 2015

launching the European Union military operation in the southern Central Mediterranean (EUNAVFOR MED)

THE COUNCIL OF THE EUROPEAN UNION,

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

Having regard to Council Decision (CFSP) 2015/778 of 18 May 2015 on a European Union military operation in the southern Central Mediterranean (EUNAVFOR MED) (1), and in particular Article 5 thereof,

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

Whereas:

(1) On 18 May 2015, the Council adopted Decision (CFSP) 2015/778.

(2) Following the recommendation of the Operation Commander, EUNAVFOR MED should be launched on 22 June 2015.

(3) In accordance with Article 5 of Protocol No 22 on the position of Denmark annexed to the Treaty on 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. Consequently, Denmark is not participating in the adoption of this Decision, is neither bound by it nor subject to its application, and does not participate in the financing of this operation,

HAS ADOPTED THIS DECISION:

Article 1

The Operation Plan and the Rules of Engagement concerning the European Union military operation in the southern Central Mediterranean (EUNAVFOR MED) are hereby approved.

Article 2

1. EUNAVFOR MED shall be launched on 22 June 2015.

2. In accordance with Article 2(3) of Decision (CFSP) 2015/778, the Council shall assess whether the conditions for transition beyond the first phase of the operation have been met, taking into account any applicable UN Security Council Resolution and consent by the coastal states concerned. Subject to such assessment by the Council, and in accordance with Article 6(1) of Decision (CFSP) 2015/778, the Political and Security Committee shall have the power to decide when to make the transition between the different phases of the operation.

Article 3

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

Done at Luxembourg, 22 June 2015. For the Council The President F. MOGHERINI

(1) OJ L 122, 19.5.2015, p. 31.
EN Official Journal of the European Union L 198/26

COMMISSION IMPLEMENTING DECISION (EU) 2015/1291

of 23 July 2015

authorising the placing on the market of heat-treated milk products fermented with Bacteroides xylanisolvens (DSM 23964) as a novel food under Regulation (EC) No 258/97 of the European Parliament and of the Council

(notified under document C(2015) 4960)

(Only the German text is authentic)

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 18 December 2012, the company Avitop GmbH made a request to the competent authorities of Ireland to place heat-treated milk products fermented with Bacteroides xylanisolvens (DSM 23964) on the market as a novel food.

(2) On 21 June 2013, the competent food assessment body of Ireland issued its initial assessment report. In that report it came to the conclusion that heat-treated milk products fermented with Bacteroides xylanisolvens (DSM 23964) meet 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.

(5) On 10 April 2014, the Commission consulted the European Food Safety Authority (EFSA) asking it to carry out an assessment for heat-treated milk products fermented with Bacteroides xylanisolvens (DSM 23964) as novel food in accordance with Regulation (EC) No 258/97.

(6) On 10 December 2014, EFSA adopted ‘Scientific Opinion on the safety of “heat-treated milk products fermented with Bacteroides xylanisolvens DSM 23964” as a novel food’ (2), concluding that those milk products are safe.

(7) That opinion gives sufficient grounds to establish that heat-treated milk products fermented with Bacteroides xylanisolvens (DSM 23964) as a novel food complies with the criteria laid down in Article 3(1) of Regulation (EC) No 258/97.

(8) 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

Heat-treated milk products fermented with Bacteroides xylanisolvens (DSM 23964) as specified in the Annex may be placed on the market in the Union as a novel food in liquid, semi-liquid and spray-dried powder forms.

Article 2

This Decision is addressed to Avitop GmbH, Robert Rössle Str. 10, D-13125 Berlin, Germany.

Done at Brussels, 23 July 2015. For the Commission Vytenis ANDRIUKAITIS Member of the Commission

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

(2) EFSA Journal 2015; 13(1):3956.
EN Official Journal of the European Union L 290/16

COUNCIL DECISION (EU) 2015/1994

of 26 October 2015

on the signing, on behalf of the European Union, of the Amending Protocol to the Agreement between the European Community and the Principality of Liechtenstein providing for measures equivalent to those laid down in Council Directive 2003/48/EC on taxation of savings income in the form of interest payments

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 115 in conjunction with Article 218(5) and the second subparagraph of Article 218(8) thereof,

Having regard to the proposal from the European Commission,

Whereas:

(1) On 14 May 2013 the Council authorised the Commission to open negotiations with the Principality of Liechtenstein to amend the Agreement between the European Community and the Principality of Liechtenstein providing for measures equivalent to those laid down in Council Directive 2003/48/EC on taxation of savings income in the form of interest payments (1) (the ‘Agreement’), in order to align it with recent developments at global level whereby it was agreed to promote the automatic exchange of information as an international standard.

(2) The text of the Amending Protocol to the Agreement (the ‘Amending Protocol’), which is the result of the negotiations, duly reflects the negotiating directives issued by the Council as it aligns the Agreement with the latest developments at international level concerning the automatic exchange of information, namely, with the Global Standard for automatic exchange of financial account information in tax matters developed by the Organisation for Economic Cooperation and Development (OECD). The Union, the Member States and the Principality of Liechtenstein have actively participated in the work of the Global Forum of the OECD for supporting the development and implementation of that Standard. The text of the Agreement, as amended by the Amending Protocol, is the legal basis for implementing the Global Standard in the relations between the Union and the Principality of Liechtenstein.

(3) The Amending Protocol should be signed,

HAS ADOPTED THIS DECISION:

Article 1

The signing on behalf of the Union of the Amending Protocol to the Agreement between the European Community and the Principality of Liechtenstein providing for measures equivalent to those laid down in Council Directive 2003/48/EC on taxation of savings income in the form of interest payments is hereby authorised, subject to the conclusion of the said Amending Protocol. (2)

Article 2

The President of the Council is hereby authorised to designate the person(s) empowered to sign the Amending Protocol on behalf of the Union.

Article 3

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

Done at Luxembourg, 26 October 2015. For the Council The President C. DIESCHBOURG

(1) OJ L 379, 24.12.2004, p. 84.

(2) The text of the amending Protocol will be published together with the decision on its conclusion.
EN Official Journal of the European Union C 407/4

COMMISSION IMPLEMENTING DECISION

of 4 December 2015

on the publication in the Official Journal of the European Union of the single document referred to in Article 94(1)(d) of Regulation (EU) No 1308/2013 of the European Parliament and of the Council and of the reference to the publication of the product specification for a name in the wine sector

[Dons (PDO)]

(2015/C 407/06)

THE EUROPEAN COMMISSION,

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

Having regard to Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007 (1), and in particular Article 97(3) thereof,

Whereas:

(1) Denmark has applied for protection of the name ‘Dons’ in accordance with the provisions of Regulation (EU) No 1308/2013 on the protection of designations of origin and geographical indications in the wine sector. In accordance with Article 97(2) of that Regulation, Denmark’s application was examined by the Commission.

(2) The conditions laid down in Articles 93 to 96, Article 97(1), and Articles 100 to 102 of Regulation (EU) No 1308/2013 are met.

(3) In order to allow for the submission of statements of objection in accordance with Article 98 of Regulation (EU) No 1308/2013, the Official Journal of the European Union should therefore publish the single document referred to in Article 94(1)(d) of that Regulation and the publication reference of the product specification made in the course of the preliminary national procedure for examining the application for protection of the name ‘Dons’,

HAS DECIDED AS FOLLOWS:

Sole Article

The single document referred to in Article 94(1)(d) of Regulation (EU) No 1308/2013 and the publication reference of the product specification for the name ‘Dons’ (PDO) are set out in the Annex to this Decision.

In accordance with Article 98 of Regulation (EU) No 1308/2013, the publication of this decision confers the right to object to the protection of the name specified in the first paragraph of this Article within two months from the date of its publication.

Done at Brussels, 4 December 2015. For the Commission Phil HOGAN Member of the Commission

(1) OJ L 347, 20.12.2013, p. 671.
EN Official Journal of the European Union L 328/1

COUNCIL DECISION (EU) 2015/2312

of 30 November 2015

on the signing, on behalf of the European Union, and provisional application of the Sustainable Fisheries Partnership Agreement between the European Union and the Republic of Liberia and the Implementation Protocol thereto

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(5) thereof,

Having regard to the proposal from the European Commission,

Whereas:

(1) The Union and the Republic of Liberia have negotiated a Sustainable Fisheries Partnership Agreement (hereinafter referred to as ‘the Agreement’) and an Implementation Protocol thereto (hereinafter referred to as ‘the Protocol’), granting Union vessels fishing opportunities in the waters over which the Republic of Liberia has sovereignty or jurisdiction.

(2) Negotiations were successfully finalised and the Agreement and the Protocol were initialled on 5 June 2015.

(3) Article 15 of the Agreement and Article 12 of the Protocol provide for the provisional application of the Agreement and the Protocol from the date of their signature.

(4) The Agreement and the Protocol should be signed, and applied on a provisional basis, pending the completion of the procedures necessary for their conclusion,

HAS ADOPTED THIS DECISION:

Article 1

The signing, on behalf of the Union, of the Sustainable Fisheries Partnership Agreement between the European Union and the Republic of Liberia and of the Implementation Protocol thereto is hereby authorised, subject to the conclusion of the said Agreement and Protocol.

The texts of the Agreement and the Protocol are attached to this Decision.

Article 2

The President of the Council is hereby authorised to designate the person(s) empowered to sign the Agreement and the Protocol on behalf of the Union.

Article 3

The Agreement and the Protocol shall be applied on a provisional basis as from the date of their signature, pending the completion of the procedures necessary for their conclusion.

Article 4

This Decision shall enter into force on the day of its adoption.
EN Official Journal of the European Union L 209/17

Corrigendum to Commission Implementing Decision (EU) 2016/941 of 30 May 2016 on the clearance of the accounts of the paying agencies of Member States concerning expenditure financed by the European Agricultural Guarantee Fund (EAGF) for the 2015 financial year

( Official Journal of the European Union L 155 of 14 June 2016 )

On pages 33 and 34, in Annex I, first line for the Member State Lithuania:

for:

‘LTL’,

read:
EN Official Journal of the European Union L 116/39

Corrigendum to Council Decision (CFSP) 2016/446 of 23 March 2016 amending and extending Council Decision 2013/34/CFSP on a European Union military mission to contribute to the training of the Malian Armed Forces (EUTM Mali)

( Official Journal of the European Union L 78 of 24 March 2016 )

On page 75, Article 1, point (2):

for:

‘“2. The financial reference amount for the common costs of EUTM Mali for the period from 19 May 2016 to 18 May 2018 shall be EUR 33 400 000. The percentage of the reference amount referred to in Article 25(1) of Council Decision (CFSP) 2015/528 (*) shall be 60 % and the percentage for commitment referred to in Article 34(3) of that Decision shall be 10 %.”’,

read: