ddrg/super_eurlex huggingface dataset:
EN Official Journal of the European Union L 31/61

COMMISSION DECISION

of 2 February 2005

establishing the period after which the anti-rabies vaccination is considered as valid

(notified under document number C(2005) 190)

(Text with EEA relevance)

(2005/91/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Regulation (EC) No 998/2003 of the European Parliament and of the Council of 26 May 2003 on the animal health requirements applicable to the non-commercial movement of pet animals and amending Council Directive 92/65/EEC (1), and in particular Article 20 thereof,

Whereas:

(1) Regulation (EC) No 998/2003 lays down the animal health requirements applicable to the non-commercial movements of dogs, cats and ferrets and the rules applicable to checks on such movements.

(2) That Regulation provides that the pet animal must be accompanied by a passport certifying that it has undergone a valid anti-rabies vaccination, or revaccination (booster) if applicable, in accordance with the recommendations of the manufacturing laboratory.

(3) The recommendations of the producer of the vaccination state clearly the end of the immunity period and the date before which the revaccination (booster) has to be carried out.

(4) Regulation (EC) No 998/2003 does not lay down the period necessary for the establishment of the immunity against rabies. In the interests of clarity of Community legislation, it is appropriate to provide for a time period after which the anti-rabies vaccination or revaccination (booster) should be considered as valid.

(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

Without prejudice to the requirements laid down in Articles 6 and 8 of Regulation (EC) No 998/2003, for the purpose of Article 5(1)(b) of that Regulation, an anti-rabies vaccination shall be considered as valid 21 days from the date of completion of the vaccination protocol required by the manufacturer for the primary vaccination in the country in which the vaccination is administred.

However, the anti-rabies vaccination shall be considered as valid from the date of revaccination (booster) where the vaccine is administered within the period of validity indicated by the manufacturer of a previous vaccination in the country in which the previous vaccination was administered. The vaccination shall be considered as a primary vaccination in the absence of veterinary certification attesting the previous vaccination.

Article 2

This Decision shall apply from 7 February 2005.

Article 3

This Decision is addressed to the Member States.

Done at Brussels, 2 February 2005. For the Commission Markos KYPRIANOU Member of the Commission

(1) OJ L 146, 13.6.2003, p. 1. Regulation as last amended by Commission Regulation (EC) No 2054/2004 (OJ L 355, 1.12.2004, p. 14).
(2)

Seven seats as members of the Committee of the Regions have become vacant following the expiry of the mandates of Mr Jean-Pierre BAZIN (FR), Mr Marc BELLET (FR), Mr Yannick BODIN (FR), Ms Mireille KERBAOL (FR), Mr Robert SAVY (FR) and Mr Jacques VALADE (FR) notified to the Council on 9 April 2004 and of Mr Valéry GISCARD d'ESTAING (FR), notified to the Council on 7 August 2004. A seat as an alternate member of the Committee of the Regions has become available following the death of Mr Claude GIRARD (FR), notified to the Council on 9 April 2004. Two seats as alternate members of the Committee of the Regions have become vacant following the resignation of Mr Philippe RICHERT (FR), notified to the Council on 11 November 2004, and Mr Augustin BONREPAUX (FR), notified to the Council on 22 December 2004. Three seats as alternate members of the Committee of the Regions have become available following the expiry of the mandates of Ms Nicole GUILHAUDIN (FR), Mr Alain PERELLE (FR) and Ms Marie-Françoise JACQ (FR), notified to the Council on 9 April 2004. Three seats as alternate members of the Committee of the Regions have become available following the expiry of the mandates of Mr Claudy LEBRETON (FR), notified to the Council on 13 October 2004, Ms Mireille LACOMBE (FR), notified to the Council on 22 December 2004 and Mr Ambroise GUELLEC (FR), notified to the Council on 19 January 2005,
EN Official Journal of the European Union L 311/37

COMMISSION DECISION

of 23 November 2005

amending Decision 2005/393/EC as regards the restricted zones in relation to bluetongue in Spain

(notified under document number C(2005) 4481)

(Text with EEA relevance)

(2005/828/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Directive 2000/75/EC of 20 November 2000 laying down specific provisions for the control and eradication of bluetongue (1), and in particular Article 8(2)(d), Article 8(3) and the third paragraph of Article 19 thereof,

Whereas:

(1) Directive 2000/75/EC lays down control rules and measures to combat bluetongue in the Community, including the establishment of protection and surveillance zones and a ban on animals leaving those zones.

(2) Commission Decision 2005/393/EC of 23 May 2005 on protection and surveillance zones in relation to bluetongue and conditions applying to movements from or through these zones (2), provides for the demarcation of the global geographic areas where protection and surveillance zones (the restricted zones) are to be established by the Member States in relation to bluetongue.

(3) Spain has informed the Commission that virus circulation has been detected in a number of new peripherical areas of the restricted zone concerning serotype 4.

(4) Consequently, the restricted zone should be extended taking account of the data available on the ecology of the vector and the evolution of its seasonal activity.

(5) Decision 2005/393/EC should therefore be amended accordingly.

(6) 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

In Annex I to Decision 2005/393/EC, that part of zone E relating to Spain, is replaced by the following:

‘Spain:

— Province of Cádiz, Málaga, Sevilla, Huelva, Córdoba, Cáceres, Badajoz

— Province of Jaen (comarcas of Jaen and Andujar)

— Province of Toledo (comarcas of Almorox, Belvis de Jara, Gálvez, Mora, Los Navalmorales, Ocaña, Oropesa, Quintanar de la Orden, Madridejos, Talavera de la Reina, Toledo, Torrijos and Juncos)

— Province of Avila (comarcas de Arenas de San Pedro, Candelada, Cebreros, Las Navas del Marques, Navaluenga, Sotillo de la Adrada)

— Province of Ciudad Real (comarcas of Almadén, Almodóvar del Campo, Ciudad Real, Horcajo de los Montes, Malagón, Manzanares and Piedrabuena)

— Province of Salamanca (comarcas of Bejar, Ciudad Rodrigo and Sequeros)

— Province of Madrid (comarcas of Aranjuez, El Escorial, Grinon, Navalcarnero and San Martin de Valdeiglesias)’.

Article 2

This Decision shall apply from 29 November 2005.

Article 3

This Decision is addressed to the Member States.

Done at Brussels, 23 November 2005. For the Commission Markos KYPRIANOU Member of the Commission

(1) OJ L 327, 22.12.2000, p. 74.

(2) OJ L 130, 24.5.2005, p. 22. Decision as last amended by Decision 2005/763/EC (OJ L 288, 29.10.2005, p. 54).
EN Official Journal of the European Union L 11/28

COUNCIL DECISION

of 22 December 2004

appointing a Spanish alternate member of the Committee of the Regions

(2005/18/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 from the Spanish Government,

Whereas:

(1) On 22 January 2002 the Council adopted a Decision 2002/60/EC appointing the members and alternate members of the Committee of the Regions (1).

(2) A seat as an alternate member of the Committee of the Regions has fallen vacant following the ending of the mandate of Mr Alain CUENCA GARCÍA, of which the Council was notified on 29 November 2004,

HAS DECIDED AS FOLLOWS:

Sole Article

Mr Juan Carlos MARTÍN MALLÉN, Director General de Asuntos Europeos y Acción Exterior — Diputación General de Aragón, is hereby appointed an alternate member of the Committee of the Regions in place of Mr Alain CUENCA GARCÍA for the remainder of his term of office, ending on 25 January 2006.

Done at Brussels, 22 December 2004. For the Council The President C. VEERMAN

(1) OJ L 24, 26.1.2002, p. 38.
EN Official Journal of the European Union L 153/37

COUNCIL DECISION 2005/444/CFSP

of 13 June 2005

implementing Common Position 2004/161/CFSP renewing restrictive measures against Zimbabwe

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to Common Position 2004/161/CFSP (1) and in particular Article 6 thereof, in conjunction with Article 23(2) of the Treaty on European Union,

Whereas:

(1) By Common Position 2004/161/CFSP the Council adopted measures, inter alia, to prevent the entry into, or transit through, the territories of Member States of individuals who engage in activities which seriously undermine democracy, respect for human rights and the rule of law in Zimbabwe and to freeze their funds and economic resources.

(2) On 21 February 2005 the Council adopted Common Position 2005/146/CFSP (2) extending Common Position 2004/161/CFSP.

(3) The list of persons subject to the restrictive measures annexed to Common Position 2004/161/CFSP should be updated following a government reshuffle in Zimbabwe,

HAS DECIDED AS FOLLOWS:

Article 1

The Annex to Common Position 2004/161/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 Luxembourg, 13 June 2005. For the Council The President J. ASSELBORN

(1) OJ L 50, 20.2.2004, p. 66.

(2) OJ L 49, 22.2.2005, p. 30.
EN Official Journal of the European Union L 16/56

COUNCIL DECISION

of 24 September 2004

appointing a United Kingdom member of the Economic and Social Committee

(2005/30/EC, Euratom)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 259 thereof,

Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Article 167 thereof,

Having regard to the Council Decision 2002/758/EC, Euratom of 17 September 2002 appointing the members of the Economic and Social Committee for the period from 21 September 2002 to 20 September 2006 (1),

Having regard to the nomination submitted by the Government of the United Kingdom,

Having obtained the opinion of the Commission of the European Union,

HAS DECIDED AS FOLLOWS:

Sole Article

Mr Peter COLDRICK is hereby appointed a member of the Economic and Social Committee in place of Mr David FEICKERT for the remainder of the latter's term of office, which runs until 20 September 2006.

Done at Brussels, 24 September 2004. For the Council The President L. J. BRINKHORST

(1) OJ L 253, 21.9.2002, p. 9.
EN Official Journal of the European Union L 108/66

COUNCIL DECISION

of 25 April 2005

appointing three Italian members and one Italian alternate member to the Committee of the Regions

(2005/337/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 from the Italian Government,

Whereas:

(1) On 22 January 2002 the Council adopted Decision 2002/60/EC appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2002 to 25 January 2006 (1).

(2) Two seats as a member of the Committee of the Regions have become vacant following the resignation of Mr Alfonso ANDRIA and Ms Mercedes BRESSO, notified to the Council on 12 July 2004 and 14 July 2004.

(3) One seat as a member and one seat as an alternate member of the Committee of the Regions have become vacant as a result of the coming to an end of the mandates of Mr Silvano MOFFA and Mr Francesco BISOGNO, notified to the Council on 14 February 2005.

(4) On 14 February 2005, the Italian Government proposed to the Council the names of the candidates to occupy these four vacant positions,

HAS DECIDED AS FOLLOWS:

Article 1

The following are hereby appointed to the Committee of the Regions for the remainder of the mandate still to run, namely until 25 January 2006:

(a) as members: Mr Francesco CROCETTO Consigliere Provinciale di Potenza Provincia di Potenza — presso Presidenza del Consiglio in place of Mr Silvano MOFFA, Ms Sonia MASINI Presidente Provincia di Reggio Emilia in place of Ms Mercedes BRESSO, Mr Guido MILANA Consigliere Provinciale di Roma in place of Mr Alfonso ANDRIA;

(b) as an alternate member: Mr Vincenzo GIULIANO Consigliere Provincia di Potenza in place of Mr Francesco BISOGNO.

Article 2

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

It shall take effect on the day of its adoption.

Done at Luxembourg, 25 April 2005. For the Council The President J. ASSELBORN

(1) OJ L 24, 26.1.2002, p. 38.
EN Official Journal of the European Union L 144/51

COMMISSION DECISION

of 6 June 2005

on the allocation of one additional day absent from port to Denmark and the United Kingdom in accordance with Annex IVa to Council Regulation (EC) No 27/2005

(notified under document number C(2005) 1657)

(Only the Danish and English texts are authentic)

(2005/425/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 27/2005 of 22 December 2004 fixing for 2005 the fishing opportunities and associated conditions for certain fish stocks and groups of stocks, applicable in Community waters and, for Community vessels, in waters where catch limitations are required (1), and in particular point 6(e) of Annex IVa,

Whereas:

(1) Point 6(a) of Annex IVa to Regulation (EC) No 27/2005 specifies the number of days on which certain Community fishing vessels may be absent from port in the geographical areas defined in paragraph 2 of that Annex from 1 February to 31 December 2005.

(2) Point 6(e) of that Annex enables the Commission to allocate an additional day on which a vessel may be absent from port while carrying on board fishing gears referred to in point 4(a) of mesh size greater than 120 mm, on the basis of a request from a Member State and on the condition that the Member State concerned has developed a system of automatic suspensions of fishing licences in respect of infringements.

(3) Denmark and United Kingdom have submitted a request and provided information on a system of automatic suspensions of fishing licences in respect of infringements for fishing vessels carrying on board demersal trawls, seines or similar towed gears of mesh size greater than 120 mm except beam trawls.

(4) In the view of the information submitted, one additional day should be allocated to Denmark and the United Kingdom for fishing vessels carrying on board fishing gears referred to in point 4(a) of Annex IVa to Regulation (EC) No 27/2005 of mesh size greater than 120 mm,

HAS ADOPTED THIS DECISION:

Article 1

One additional day, in relation to those set out in point 6(a) of Annex IVa to Regulation (EC) No 27/2005, shall be allocated in each calendar month for vessels from Denmark and the United Kingdom carrying on board demersal trawls, seines or similar towed gears of mesh size greater than 120 mm except beam trawls.

Article 2

A vessel to which one additional day is allocated pursuant to Article 1 may not transfer this day to any other vessel unless

(a) the recipient vessel uses at all times a fishing gear of mesh size greater than 120 mm;

(b) the conditions set out in point 10 of Annex IVa to Regulation (EC) No 27/2005 are fulfilled.

Article 3

This Decision is addressed to the Kingdom of Denmark and the United Kingdom of Great Britain and Northern Ireland.

Done at Brussels, 6 June 2005. For the Commission Joe BORG Member of the Commission

(1) OJ L 12, 14.1.2005, p. 1.
EN Official Journal of the European Union L 206/21

COMMISSION DECISION

of 5 August 2005

declaring operational the Regional Advisory Council for Pelagic stocks under the Common Fisheries Policy

(2005/606/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Decision 2004/585/EC of 19 July 2004 establishing Regional Advisory Councils under the Common Fisheries Policy (1), and in particular Article 3(3) thereof,

Having regard to the recommendation transmitted by the Netherlands on 19 May 2005 on behalf of Denmark, Germany, Spain, France, Ireland, the Netherlands, Poland, Portugal, Sweden and the United Kingdom,

Whereas:

(1) Council Regulation (EC) No 2371/2002 of 20 December 2002 on the conservation and sustainable exploitation of fisheries resources under the Common Fisheries Policy (2) and Decision 2004/585/EC provide the framework for the establishment and operation of Regional Advisory Councils.

(2) Article 2 of Decision 2004/585/EC establishes a Regional Advisory Council to cover pelagic stocks (blue whiting, mackerel, horse mackerel, herring), in all International Council for the Exploration of the Seas (ICES) areas (3) excluding the Baltic Sea.

(3) In accordance with Article 3(1) of Decision 2004/585/EC, representatives of the fisheries sector and other interests groups submitted a request concerning the operation of that Regional Advisory Council to Denmark, Germany, Spain, France, Ireland, the Netherlands, Poland, Portugal, Sweden and the United Kingdom.

(4) As required by Article 3(2) of Decision 2004/585/EC, the Member States concerned determined whether the application concerning the Regional Advisory Council for the Pelagic stocks was in conformity with the provisions laid down in that Decision. On 19 May 2005, the Member States concerned transmitted a recommendation on that Regional Advisory Council to the Commission.

(5) The Commission has evaluated the application by the interested parties and the recommendation in the light of Decision 2004/585/EC and the aims and principles of the Common Fisheries Policy, and considers that the Regional Advisory Council for the Pelagic stocks is ready to become operational,

HAS DECIDED AS FOLLOWS:

Sole Article

The Regional Advisory Council for pelagic stocks, established by Article 2(1)(f) of Decision 2004/585/EC, shall be operational as from 16 August 2005.

Done at Brussels, 5 August 2005. For the Commission Joe BORG Member of the Commission

(1) OJ L 256, 3.8.2004, p. 17.

(2) OJ L 358, 31.12.2002, p. 59.

(3) As defined in Council Regulation (EEC) No 3880/91 (OJ L 365, 31.12.1991, p. 1).
(20)

The report was drafted by an independent expert in conformity with point II.2(a) of the communication. No orders were given to the expert and his independence was guaranteed by his public appointment and swearing in. For the rest, he is active as a certified expert on behalf of the Commission and the Court of Justice of the European Communities. He is particularly competent in valuing land in the area concerned. Although the valuation is dated 6 November 2003, i.e. after the sale, it can be accepted in the context of this procedure. The Commission considers that the method applied by the expert, which takes account of the value of other plots and of the differing quality, is appropriate. It assessed the report in detail, and in particular the size and nature of the plots that were used in the comparison, the way in which potential contamination was taken into account, the independent nature of the expert, the meaning of specific references to infrastructure links, the type of soil, and the method used for calculating the final result. The prices of the relevant plots range from EUR 16 to EUR 36 per m2. The Commission notes that the calculation of the final result of EUR […] per m2 was perhaps not entirely correct but, in any event, alternative calculations would give a higher value. On the basis of this assessment, the Commission comes to the conclusion that the value of EUR […] per m2 may be taken as a rough indication of the market value of the bare land at the time of the sale. In any event, on the basis of the valuation, the Commission can rule out the possibility that the market value is lower than the actual price for which the land was sold, i.e. EUR […] per m2.
EN Official Journal of the European Union L 226/10

COMMISSION DECISION

of 30 August 2005

on the allocation of one additional day absent from port to Germany in accordance with Annex IVa to Council Regulation (EC) No 27/2005

(notified under document number C(2005) 3153)

(Only the German text is authentic)

(2005/633/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 27/2005 of 22 December 2004 fixing for 2005 the fishing opportunities and associated conditions for certain fish stocks and groups of stocks, applicable in Community waters and, for Community vessels, in waters where catch limitations are required (1), and in particular point 6(e) of Annex IVa,

Whereas:

(1) Point 6(a) of Annex IVa to Regulation (EC) No 27/2005 specifies the number of days on which certain Community fishing vessels may be absent from port in the geographical areas defined in point 2 of that Annex from 1 February 2005 to 31 December 2005.

(2) Point 6(e) of that Annex enables the Commission to allocate an additional day on which a vessel may be absent from port while carrying on board fishing gears referred to in point 4(a) of mesh size greater than 120 mm, on the basis of a request from a Member State and on the condition that the Member State concerned has developed a system of automatic suspensions of fishing licences in respect of infringements.

(3) Germany has submitted a request and provided information on a system of automatic suspensions of fishing licences in respect of infringements for fishing vessels carrying on board demersal trawls, seines or similar towed gears of mesh size greater than 120 mm except beam trawls.

(4) In the view of the information submitted, one additional day should be allocated to Germany for fishing vessels carrying on board fishing gears referred to in point 4(a) of Annex IVa to Regulation (EC) No 27/2005 of mesh size greater than 120 mm,

HAS ADOPTED THIS DECISION:

Article 1

One additional day, in relation to those set out in point 6(a) of Annex IVa to Regulation (EC) No 27/2005, shall be allocated in each calendar month for vessels from Germany carrying on board demersal trawls, seines or similar towed gears of mesh size greater than 120 mm except beam trawls.

Article 2

A vessel to which one additional day is allocated pursuant to Article 1 may not transfer this day to any other vessel unless:

(a) the recipient vessel uses at all times a fishing gear of mesh size greater than 120 mm;

(b) the conditions set out in point 10 of Annex IVa to Regulation (EC) No 27/2005 are fulfilled.

Article 3

This Decision is addressed to the Federal Republic of Germany.

Done at Brussels, 30 August 2005. For the Commission Joe BORG Member of the Commission

(1) OJ L 12, 14.1.2005, p. 1. Regulation as last amended by Regulation (EC) No 1300/2005 (OJ L 207, 10.8.2005, p. 1).