ddrg/super_eurlex huggingface dataset:
EN Official Journal of the European Union L 241/30

COUNCIL IMPLEMENTING DECISION 2011/543/CFSP

of 15 September 2011

implementing Decision 2011/137/CFSP concerning restrictive measures in view of the situation in Libya

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union, and in particular Article 31(2) thereof,

Having regard to Council Decision 2011/137/CFSP of 28 February 2011 concerning restrictive measures in view of the situation in Libya (1), and in particular Article 8(2) thereof,

Whereas:

In view of the developments in Libya, the list of persons and entities subject to restrictive measures set out in Annex IV to Decision 2011/137/CFSP should be amended,

HAS ADOPTED THIS DECISION:

Article 1

The entry for the entity set out in the Annex to this Decision shall be deleted from the list set out in Annex IV to Decision 2011/137/CFSP.

Article 2

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

Done at Brussels, 15 September 2011. For the Council The President M. DOWGIELEWICZ

(1) OJ L 58, 3.3.2011, p. 53.
EN Official Journal of the European Union L 276/62

COMMISSION IMPLEMENTING DECISION

of 20 October 2011

amending Implementing Decision 2011/303/EU as regards the date of application

(notified under document C(2011) 7373)

(Only the Dutch text is authentic)

(2011/700/EU)

THE EUROPEAN COMMISSION,

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

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(m), in conjunction with Article 4 thereof,

Whereas:

(1) By Commission Implementing Decision 2011/303/EU (2) the use of new methods for grading pig carcasses in the Netherlands was authorised. That Decision is to apply from 3 October 2011. On 9 September 2011 the competent authorities of the Netherlands informed the Commission about practical problems in several slaughterhouses with the timely implementation of the new methods and asked to postpone the application until 2 January 2012.

(2) Implementing Decision 2011/303/EU should therefore be amended accordingly.

(3) 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

In Article 4 of Implementing Decision 2011/303/EU, ‘3 October 2011’ is replaced by ‘2 January 2012’.

Article 2

This Decision is addressed to the Kingdom of the Netherlands.

Done at Brussels, 20 October 2011. For the Commission Dacian CIOLOȘ Member of the Commission

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

(2) OJ L 136, 24.5.2011, p. 95.
EN Official Journal of the European Union L 269/30

COUNCIL DECISION

of 10 October 2011

appointing an Irish member of the European Economic and Social Committee

(2011/681/EU)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 302 thereof,

Having regard to the proposal of the Irish Government,

Having regard to the opinion of the European Commission,

Whereas:

(1) On 13 September 2010 the Council adopted Decision 2010/570/EU, Euratom appointing the members of the European Economic and Social Committee for the period from 21 September 2010 to 20 September 2015 (1).

(2) A member’s seat on the European Economic and Social Committee has become vacant following the end of the term of office of Ms Jillian VAN TURNHOUT,

HAS ADOPTED THIS DECISION:

Article 1

Mr Seamus BOLAND, Chief Executive Officer, Irish Rural Link is hereby appointed as a member of the European Economic and Social Committee for the remainder of the current term of office, which runs until 20 September 2015.

Article 2

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

Done at Luxembourg, 10 October 2011. For the Council The President A. KRASZEWSKI

(1) OJ L 251, 25.9.2010, p. 8.
EN Official Journal of the European Union L 296/58

COMMISSION DECISION

of 9 November 2011

amending its Rules of Procedure

(2011/737/EU, Euratom)

THE EUROPEAN COMMISSION,

Having regard to the Treaty on European Union,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 249 thereof,

Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Article 106a thereof,

Having regard to Commission Decision 2010/138/EU, Euratom, of 24 February 2010 amending its Rules of Procedure (1),

Having regard to the Decision of the President of the Commission C(2011)8000 of 27 October 2011,

HAS ADOPTED THIS DECISION:

Article 1

In Article 12 of the Rules of Procedure of the Commission, a new point 5 shall be added, worded as follows:

“5. Any Member of the Commission wishing to suspend a written procedure in the field of coordination and surveillance of the economic and budgetary policies of the Member States, in particular of the euro area, shall send a reasoned request to that effect to the President, explicitly indicating the aspects of the draft decision to which it relates, based on an impartial and objective assessment of the timing, structure, reasoning or result of the proposed decision. If the President considers that the reasons given are not well-founded, and if the request for suspension is maintained, he or she may refuse to allow the suspension and may decide that the written procedure shall continue; in that case, the Secretary-General shall ask the other Members of the Commission for their position to ensure that the quorum laid down in Article 250 of the Treaty on the Functioning of the European Union has been met. The President may also include the item on the agenda of the next Commission meeting with a view to its adoption.”

Article 2

In Article 23 of the Rules of Procedure of the Commission, a new point 5a shall be added, worded as follows:

“5a. The Directorate-General responsible for economic and financial affairs must be consulted on all initiatives relating to or having a potential impact on growth, competitiveness or economic stability in the European Union or in the euro area.”

Article 3

This Decision shall take effect on the day following that of its publication in the Official Journal of the European Union.

Done at Brussels, 9 November 2011. For the Commission The President José Manuel BARROSO

(1) OJ L 55, 5.3.2010, p. 60.
EN Official Journal of the European Union L 317/36

COMMISSION IMPLEMENTING DECISION

of 28 November 2011

authorising Romania to use certain approximate estimates for the calculation of the VAT own resources base

(notified under document C(2011) 8627)

(Only the Romanian text is authentic)

(2011/777/EU, Euratom)

THE EUROPEAN COMMISSION,

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

Having regard to the Treaty establishing the European Atomic Energy Community,

Having regard to Council Regulation (EEC, Euratom) No 1553/89 of 29 May 1989 on the definitive uniform arrangements for the collection of own resources accruing from value added tax (1), and in particular Article 13 thereof,

After consulting the Advisory Committee on Own Resources,

Whereas:

(1) Under Article 390b of Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax (2) as amended by Directive 2009/162/EU (3), Romania may continue to exempt international transport of passengers, as referred to in point (10) of Part B of Annex X to that Directive. These transactions must be taken into account for the determination of the VAT own resources base.

(2) Romania has requested authorisation from the Commission to use certain approximate estimates for the calculation of the VAT own resources base since it is unable to make the precise calculation of the VAT own resources base for transactions referred to in point (10) of Part B of Annex X to Directive 2006/112/EC. Such calculation is likely to involve an unjustified administrative burden in relation to the effect of these transactions on Romania’s total VAT own resources base. Romania is able to make a calculation using approximate estimates for this category of transactions. Romania should therefore be authorised to calculate the VAT own resource base using approximate estimates in accordance with the second indent of Article 6(3) of Regulation (EEC, Euratom) No 1553/89.

(3) For reasons of transparency and legal certainty it is appropriate to limit the applicability of the authorisation in time,

HAS ADOPTED THIS DECISION:

Article 1

For the purpose of calculating the VAT own resources base from 1 January 2011, Romania is authorised to use approximate estimates in respect of the following category of transactions referred to in part B of Annex X to Directive 2006/112/EC:

Transport of passengers (point (10)).

Article 2

This Decision shall apply from 1 January 2011 to 31 December 2015.

Article 3

This Decision is addressed to Romania.

Done at Brussels, 28 November 2011. For the Commission Janusz LEWANDOWSKI Member of the Commission

(1) OJ L 155, 7.6.1989, p. 9.

(2) OJ L 347, 11.12.2006, p. 1.

(3) OJ L 10, 15.1.2010, p. 14.
Article 12 is replaced by the following:

‘Article 12

Security

1. The Civilian Operation Commander shall direct the Head of Mission’s planning of security measures and ensure their proper and effective implementation for EUPOL COPPS in accordance with Articles 5, 6 and 9, in coordination with the Security Directorate of the European External Action Service (EEAS).

2. The Head of Mission shall be responsible for the security of EUPOL COPPS and for ensuring compliance with minimum security requirements applicable to EUPOL COPPS, in line with the policy of the Union on the security of personnel deployed outside the Union in an operational capacity under Title V of the Treaty and its supporting instruments.

3. The Head of Mission shall be assisted by a Senior Mission Security Officer (SMSO), who shall report to the Head of Mission and also maintain a close functional relationship with the Security Directorate of the EEAS.

4. EUPOL COPPS staff shall undergo mandatory security training before taking up their duties, in accordance with the OPLAN. They shall also receive regular in-theatre refresher training organised by the SMSO.’;
EN Official Journal of the European Union L 345/21

EUROPEAN COUNCIL DECISION

of 19 December 2011

appointing a member of the Executive Board of the European Central Bank

(2011/897/EU)

THE EUROPEAN COUNCIL,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 283(2) thereof,

Having regard to the Protocol on the Statute of the European System of Central Banks and of the European Central Bank, and in particular Article 11.2 thereof,

Having regard to the recommendation of the Council of the European Union (1),

Having regard to the opinion of the European Parliament (2),

Having regard to the opinion of the Governing Council of the European Central Bank (3),

Whereas:

(1) By letter dated 10 November 2011, the President of the European Central Bank, Mr Mario DRAGHI announced the decision of Mr Lorenzo BINI SMAGHI to resign from his position on the Executive Board with effect from the end of 31 December 2011. It is therefore necessary to appoint a new member of the Executive Board of the European Central Bank.

(2) The European Council wishes to appoint Mr Benoît COEURÉ who, in its view, fulfils all the requirements set out in Article 283(2) of the Treaty,

HAS ADOPTED THIS DECISION:

Article 1

Mr Benoît COEURÉ is hereby appointed a member of the Executive Board of the European Central Bank for a term of office of eight years as from 1 January 2012.

Article 2

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

Article 3

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

Done at Brussels, 19 December 2011. For the European Council The President H. VAN ROMPUY

(1) Not yet published in the Official Journal.

(2) Opinion delivered on 14 December 2011 (not yet published in the Official Journal).

(3) Opinion delivered on 8 December 2011 (not yet published in the Official Journal).
(2)

The Commission has been assisted by Eurocontrol as foreseen in Article 18b of Directive 2003/87/EC. The best available data for calculation of the historic emissions was considered to be the comprehensive air traffic data contained in Eurocontrol’s databases from the Central Route Charges Office (CRCO) and the Central Flow Management Unit (CFMU). These provide among other things a calculation of the actual route length for each individual flight. Emissions were then calculated on a flight-by-flight basis using the ANCAT 3 (Abatement of Nuisances Caused by Air Transport) methodology and the CASE (Calculation of Emissions by Selective Equivalence) methodology. This approach to calculating historic emissions was further enhanced through use of actual fuel consumption information provided voluntarily by a representative number of aircraft operators which helped to improve the accuracy of the modelling approach. Additional calculations were carried out to account for fuel consumption associated with the use of the auxiliary power units (APUs). The approach taken was first to determine the average APU fuel consumption for different aircraft types. The individual emission factors of APU fuel consumption were then extrapolated to calculate total APU emissions applying a process which took into account the actual share of fuel burn for the flights under the EU ETS of each aircraft type and the use of ground power in airports. The emissions corresponding to the resulting total APU fuel consumption were included in the historical aviation emissions for each of the years 2004, 2005 and 2006.
EN Official Journal of the European Union L 81/1

COUNCIL DECISION

of 24 June 2010

on the signing, on behalf of the European Union, of the Convention on the Conservation and Management of High Seas Fishery Resources in the South Pacific Ocean

(2011/189/EU)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 43(2) in conjunction with Article 218(5) thereof,

Having regard to the proposal from the European Commission,

Whereas:

(1) The Union is competent to adopt measures for the conservation of marine biological resources under the common fisheries policy and to enter into agreements with third countries and international organisations.

(2) Pursuant to Council Decision 98/392/EC (1), the Union is a Contracting Party to the United Nations Convention on the Law of the Sea of 10 December 1982, which requires all members of the international community to cooperate in conserving and managing the biological resources of the sea.

(3) Pursuant to Council Decision 98/414/EC (2), the Union is a Contracting Party to the Agreement on the implementation of the provisions of the United Nations Convention on the Law of the Sea of 10 December 1982, relating to the Conservation and Management of Straddling Fish Stocks and Highly Migratory Fish Stocks.

(4) On 17 April 2007 the Council authorised the Commission to negotiate, on behalf of the Community, a Convention on a Regional Fisheries Management Organisation (RFMO) in the South Pacific for fishery resources not yet covered by an existing RFMO.

(5) The negotiations were successfully concluded in Auckland, New Zealand, on 14 November 2009 by the adoption of a draft text of the Convention on the Conservation and Management of High Seas Fishery Resources in the South Pacific Ocean (hereinafter referred to as the ‘Convention’), which, under its Article 36(1), is open for signature for a period of 12 months from 1 February 2010.

(6) The objective of the Convention is to ensure, through its effective implementation, the long-term conservation and sustainable use of the fishery resources in the Convention area.

(7) Since vessels flying the flags of Member States of the Union fish resources in the Convention area, it is in the Union's interest to play an effective role in the implementation of the Convention.

(8) The Convention should be signed,

HAS ADOPTED THIS DECISION:

Article 1

The signing of the Convention on the Conservation and Management of High Seas Fishery Resources in the South Pacific Ocean (hereinafter referred to as the ‘Convention’) is hereby approved on behalf of the Union, subject to the conclusion of the said Convention (3).

Article 2

The President of the Council is hereby authorised to designate the person(s) empowered to sign the Convention on behalf of the Union subject to its conclusion.

Article 3

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

Done at Luxembourg, 24 June 2010. For the Council The President J. BLANCO LÓPEZ

(1) OJ L 179, 23.6.1998, p. 1.

(2) OJ L 189, 3.7.1998, p. 14.

(3) The text of the Convention will be published together with the decision on its conclusion.
EN Official Journal of the European Union L 94/1

COUNCIL DECISION

of 31 March 2011

establishing the position to be taken by the European Union within the International Sugar Council as regards the extension of the International Sugar Agreement 1992

(2011/223/EU)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 207, in conjunction with Article 218(9), thereof,

Having regard to the proposal from the European Commission,

Whereas the International Sugar Agreement 1992, which was concluded on behalf of the Community by the Council through Decision 92/580/EEC (1), initially remained in force until 31 December 1995. Since then, it was regularly extended for successive periods of 2 years. It was last extended by a decision of the International Sugar Council of 28 May 2009 and it shall remain in force until 31 December 2011. A further extension is in the interest of the Union. The Commission, which represents the Union within the International Sugar Council, should therefore be authorised to vote in favour of such extension,

HAS ADOPTED THIS DECISION:

Article 1

The position to be taken by the Union within the International Sugar Council shall be to vote in favour of the extension of the International Sugar Agreement 1992 for a further period of up to 2 years.

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

Article 2

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

Done at Brussels, 31 March 2011. For the Council The President VÖLNER P.

(1) OJ L 379, 23.12.1992, p. 15.
(5)

Finland evaluated the additional data submitted by the applicant and prepared an additional report. It communicated that report to the European Food Safety Authority (hereinafter ‘the Authority’) and to the Commission on 10 March 2010. The Authority communicated the additional report to the other Member States and the applicant for comments and forwarded the comments it had received to the Commission. In accordance with Article 20(1) of Regulation (EC) No 33/2008 and at the request of the Commission, the Authority presented its conclusion on flurprimidol to the Commission on 16 December 2010 (6). The draft assessment report, the additional report and the conclusion of the Authority were reviewed by the Member States and the Commission within the Standing Committee on the Food Chain and the Animal Health and finalised on 5 May 2011 in the format of the Commission review report for flurprimidol.
EN Official Journal of the European Union L 193/48

COMMISSION IMPLEMENTING DECISION

of 13 July 2011

adopting guidelines for reporting by the Member States under Directive 2010/40/EU of the European Parliament and of the Council

(notified under document C(2011) 4947)

(2011/453/EU)

THE EUROPEAN COMMISSION,

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

Having regard to Directive 2010/40/EU of the European Parliament and of the Council of 7 July 2010 on the framework for the deployment of Intelligent Transport Systems in the field of road transport and for interfaces with other modes of transport (1) and in particular Article 15(2) thereof,

Whereas:

(1) Article 17(1) of Directive 2010/40/EU requires the Member States to submit to the Commission, by 27 August 2011, a report on their national activities and projects regarding the priority areas.

(2) Article 17(2) of Directive 2010/40/EU requires the Member States to provide the Commission by 27 August 2012 with information on national ITS actions envisaged over the following 5-year period.

(3) Article 17(3) of Directive 2010/40/EU requires the Member States to report every 3 years following the initial report on the progress made in the deployment of the actions referred to in Article 17(1).

(4) Article 17(2) of Directive 2010/40/EU also requires guidelines for reporting by the Member States to be adopted.

(5) The measures provided for in this Decision are in accordance with the opinion of the European ITS Committee established under Article 15(1) of Directive 2010/40/EU,

HAS ADOPTED THIS DECISION:

Article 1

The guidelines for reporting by the Member States, as set out in the Annex, are hereby adopted.

Article 2

This Decision is addressed to the Member States.

Done at Brussels, 13 July 2011. For the Commission Siim KALLAS Vice-President

(1) OJ L 207, 6.8.2010, p. 1.
EN Official Journal of the European Union L 194/4

COUNCIL DECISION

of 19 July 2011

on the position to be taken by the European Union within the EEA Joint Committee concerning an amendment to Annex XIII (Transport) to the EEA Agreement

(2011/458/EU)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Articles 100(2) and 218(9) thereof,

Having regard to the proposal from the European Commission,

Whereas:

(1) Annex XIII to the Agreement on the European Economic Area (1) (‘the EEA Agreement’) contains specific provisions and arrangements concerning transport.

(2) Regulation (EC) No 1008/2008 of the European Parliament and of the Council of 24 September 2008 on common rules for the operation of air services in the Community (2) should be incorporated in the EEA Agreement.

(3) Regulation (EC) No 1008/2008 has repealed Council Regulations (EEC) No 2407/92 of 23 July 1992 on licensing of air carriers (3), (EEC) No 2408/92 of 23 July 1992 on access for Community air carriers to intra-Community air routes (4) and (EEC) No 2409/92 of 23 July 1992 on fares and rates for air services (5), which are currently incorporated in the EEA Agreement.

(4) Annex XIII to the EEA Agreement should therefore be amended accordingly.

(5) The position of the Union within the EEA Joint Committee should be based on the attached draft Decision,

HAS ADOPTED THIS DECISION:

Article 1

The position to be taken by the European Union within the EEA Joint Committee on the proposed amendment to Annex XIII to the EEA Agreement shall be based on the draft Decision of the EEA Joint Committee attached to this Decision.

Article 2

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

Done at Brussels, 19 July 2011. For the Council The President M. SAWICKI

(1) OJ L 1, 3.1.1994, p. 3.

(2) OJ L 293, 31.10.2008, p. 3.

(3) OJ L 240, 24.8.1992, p. 1.

(4) OJ L 240, 24.8.1992, p. 8.

(5) OJ L 240, 24.8.1992, p. 15.