ddrg/super_eurlex huggingface dataset:
(7)

Third, credit ratings must be issued in accordance with the principles, standards and procedures which ensure the adequate integrity and independence of credit rating activities as provided for by Regulation (EC) No 1060/2009. The provisions of the ‘Code monétaire et financier’, in particular Articles L.142-9, and L.164-2 ensure that analysts and agents working in the Banque de France are bound by the professional secrecy principle and by rules on conflicts of interest included in the professional ethics rules and in the financial ethical code of the Banque de France approved by the Minister of ‘l’Economie, des Finances et de l’Industrie’. Moreover, the staff regulations of the Banque de France contain provisions aiming explicitly to prevent the agents from being or from remaining in situations of conflict of interests. The Banque de France is subject to internal control mechanisms, being exercised by an Independent Ethics Officer and his staff in charge of checking the application of the ethical code or through the collegial structure which is fully incorporated into the organisation of the management of the Banque de France, which constitute an effective means to enforce the compliance with these rules on integrity and independence. As these requirements are embedded in law, sanctions can be imposed in case of non-compliance. In addition, the Code establishes the necessary rules on procedures and sets the appropriate standards to ensure: (i) the integrity and quality of the credit rating process (including the formalisation of the decisional circuit, traceability of the decisions and quality control process), (ii) the relevant transparency and communication procedures (including rules of access to credit ratings, publication of the methods and evolution of the credit rating activities) and (iii) the measures to prevent any conflict of interest (including the due diligence to be observed by the analysts, the functioning of the national and regional rating committees).
EN Official Journal of the European Union L 168/22

COMMISSION DECISION

of 1 July 2010

on the allocation to Spain of additional days at sea within ICES Divisions VIIIc and IXa excluding the Gulf of Cadiz

(notified under document C(2010) 4330)

(Only the Spanish text is authentic)

(2010/370/EU)

THE EUROPEAN COMMISSION,

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

Having regard to Council Regulation (EC) No 43/2009 of 16 January 2009 fixing for 2009 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 9 of Annex IIB thereto,

Whereas:

(1) Point 7 of Annex IIB to Regulation (EC) No 43/2009 specifies the maximum number of days on which Union vessels of an overall length equal to or greater than 10 meters carrying on board trawls, Danish seines and similar gears of mesh size equal to or lager than 32 mm and gill-nets of mesh size equal to or lager than 60 mm and bottom long-lines may be present within ICES Divisions VIIIc and IXa excluding the Gulf of Cadiz from 1 February 2009 to 31 January 2010.

(2) Point 9 of Annex IIB enables the Commission to allocate an additional number of days at sea on which a vessel may be present within the geographical area when carrying on board such fishing gears, on the basis of permanent cessations of fishing activities that have taken place since 1 January 2004.

(3) On 11 November 2009, Spain submitted data demonstrating that twelve fishing vessels have ceased activities since 1 January 2004. In view of the data submitted and having regard to the method of calculation laid down in point 9.1 of Annex IIB, nine additional days at sea for vessels carrying on board the fishing gears specified in point 3 of the same Annex should be allocated to Spain for the period from 1 February 2009 to 31 January 2010.

(4) The measures provided for in this Decision are in accordance with the opinion of the Committee for Fisheries and Aquaculture,

HAS ADOPTED THIS DECISION

Article 1

The maximum number of days on which a fishing vessel flying the flag of Spain and carrying on board fishing gear, mentioned in point 3 of Annex IIB to Regulation (EC) No 43/2009 and not subject to any of the special conditions listed in point 7.2 of that Annex may be present in ICES Divisions VIIIc and IXa excluding the Gulf of Cadiz, as laid down in Table I of that Annex, shall be amended to 184 days per year.

Article 2

This Decision is addressed to the Kingdom of Spain.

Done at Brussels, 1 July 2010. For the Commission Maria DAMANAKI Member of the Commission

(1) OJ L 22, 26.1.2009, p. 1.
EN Official Journal of the European Union L 199/28

POLITICAL AND SECURITY COMMITTEE DECISION ATALANTA/4/2010

of 19 July 2010

on the appointment of an EU Force Commander for the European Union military operation to contribute to the deterrence, prevention and repression of acts of piracy and armed robbery off the Somali coast (Atalanta)

(2010/423/CFSP)

THE POLITICAL AND SECURITY COMMITTEE,

Having regard to the Treaty on European Union, and in particular Article 38 thereof,

Having regard to Council Joint Action 2008/851/CFSP of 10 November 2008 on a European Union military operation to contribute to the deterrence, prevention and repression of acts of piracy and armed robbery off the Somali coast (1) (Atalanta), and in particular Article 6 thereof,

Whereas:

(1) Pursuant to Article 6 of Joint Action 2008/851/CFSP, the Council authorised the Political and Security Committee (PSC) to take decisions on the appointment of the EU Force Commander.

(2) On 23 March 2010, the PSC adopted Decision Atalanta/2/2010 (2) appointing Rear Admiral (LH) Jan THÖRNQVIST as EU Force Commander for the European Union military operation to contribute to the deterrence, prevention and repression of acts of piracy and armed robbery off the Somali coast.

(3) The EU Operation Commander has recommended the appointment of Rear Admiral Philippe COINDREAU as the new EU Force Commander for the European Union military operation to contribute to the deterrence, prevention and repression of acts of piracy and armed robbery off the Somali coast.

(4) The EU Military Committee supports that recommendation.

(5) 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 the implementation of decisions and actions of the Union which have defence implications,

HAS ADOPTED THIS DECISION:

Article 1

Rear Admiral Philippe COINDREAU is hereby appointed EU Force Commander for the European Union military operation to contribute to the deterrence, prevention and repression of acts of piracy and armed robbery off the Somali coast.

Article 2

This Decision shall enter into force on 15 August 2010.

Done at Brussels, 19 July 2010. For the Political and Security Committee The Chairman W. STEVENS

(1) OJ L 301, 12.11.2008, p. 33.

(2) OJ L 83, 30.3.2010, p. 22.
EN Official Journal of the European Union L 211/32

COUNCIL DECISION 2010/444/CFSP

of 11 August 2010

extending the mandate of the European Union Special Representative in the former Yugoslav Republic of Macedonia (FYROM)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union, and in particular Articles 28, 31(2) and 33 thereof,

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

Whereas:

(1) On 17 October 2005, the Council adopted Joint Action 2005/724/CFSP (1) appointing Mr Erwan FOUÉRÉ European Union Special Representative (hereinafter the EUSR) in the former Yugoslav Republic of Macedonia (FYROM).

(2) On 16 March 2010, the Council adopted Decision 2010/156/CFSP (2) extending the mandate of the EUSR until 31 August 2010.

(3) The mandate of the EUSR should be extended until 28 February 2011 or until the Council decides, on a proposal by the High Representative of the Union for Foreign Affairs and Security Policy (hereinafter the HR), that appropriate corresponding functions to those under Decision 2010/156/CFSP have been established in the European External Action Service, and terminates the mandate,

HAS ADOPTED THIS DECISION:

Article 1

Decision 2010/156/CFSP is hereby amended as follows:

1. Article 1 is replaced by the following: ‘Article 1 European Union Special Representative The mandate of Mr Erwan FOUÉRÉ as the EUSR in the former Yugoslav Republic of Macedonia is hereby extended until 28 February 2011 or until the Council decides, on a proposal by the HR, that appropriate corresponding functions to those under the current Decision have been established in the European External Action Service and terminates the mandate.’;

2. Article 5 is replaced by the following: ‘Article 5 Financing 1. The financial reference amount intended to cover the expenditure related to the mandate of the EUSR for the period from 1 April 2010 to 31 August 2010 shall be EUR 340 000. 2. The financial reference amount intended to cover the expenditure related to the mandate of the EUSR for the period from 1 September 2010 to 28 February 2011 shall be EUR 310 000. 3. The expenditure shall be managed in accordance with the procedures and rules applicable to the general budget of the Union. 4. The management of the expenditure shall be subject to a contract between the EUSR and the Commission. The EUSR shall be accountable to the Commission for all expenditure.’.

Article 2

Entry into force

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

Done at Brussels, 11 August 2010. For the Council The President S. VANACKERE

(1) OJ L 272, 18.10.2005, p. 26.

(2) OJ L 67, 17.3.2010, p. 6.
3.

Article 34 is replaced by the following: ‘Article 34 General principles 1. Members shall make use of: (a) accredited parliamentary assistants as referred to in Article 5a of the Conditions of employment of other servants, and (b) natural persons who are to assist Members in their Member States of election and who have concluded an employment or service contract with them in keeping with applicable national law, in accordance with the conditions laid down in this chapter, hereinafter referred to as “local assistants”. 2. Several Members may form a grouping in order jointly to employ or to use the services of one or more assistants as referred to in paragraph 1. In this case, the Members concerned shall designate from amongst their number the Member(s) authorised to sign, in the name of and on behalf of the grouping. A declaration that a grouping of Members has been established shall be annexed to the contract concluded individually with the assistant(s) concerned. In that declaration the Members shall lay down the respective shares to be deducted from the amount provided for in Article 33(4). 3. Articles 35 to 42 shall not apply to accredited parliamentary assistants. 4. Expenses incurred in connection with traineeship agreements, established on the basis of the conditions laid down by the Bureau, may also be defrayed. 5. Without prejudice to paragraph 1, point (b), Members may also make use of service providers in order to obtain specific and clearly identified services directly linked to the exercise of their parliamentary mandate, in accordance with the conditions laid down in this chapter. 6. The services provided may not include the provision of staff, except for temporary services by service providers who provide such services on a professional and regular basis and are authorised under national law to provide such services. 7. The Bureau shall adopt a non-exhaustive list of expenses which may be defrayed for the purpose of parliamentary assistance. 8. The names of the persons referred to in paragraph 1(a) and those of the persons referred to in paragraph 1(b) who have concluded an employment contract with the Member concerned shall, for the duration of the contract, be published on the website of the European Parliament, together with the name of the Member whom they assist. Those persons may, on the ground of protection of their personal safety, request in writing that their name not be published on the European Parliament's website. The Secretary-General shall decide whether to grant such a request.’;
EN Official Journal of the European Union L 266/62

COMMISSION DECISION

of 8 October 2010

amending Decision 2006/241/EC as regards imports of guano from Madagascar

(notified under document C(2010) 6798)

(Text with EEA relevance)

(2010/611/EU)

THE EUROPEAN COMMISSION,

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

Having regard to Council Directive 97/78/EC of 18 December 1997 laying down the principles governing the organisation of veterinary checks on products entering the Community from third countries (1), and in particular Article 22(6) thereof,

Whereas:

(1) Commission Decision 2006/241/EC of 24 March 2006 concerning certain protective measures with regard to certain products of animal origin, excluding fishery products, originating in Madagascar (2) prohibits imports into the Union of products of animal origin, excluding fishery products and snails, originating in Madagascar.

(2) Madagascar has indicated its interest in exporting guano to the Union.

(3) Regulation (EC) No 1774/2002 of the European Parliament and of the Council of 3 October 2002 laying down health rules concerning animal by-products not intended for human consumption (3) provides that the importation and transit of animal by-products and processed products are to be prohibited, except in accordance with that Regulation.

(4) Under Regulation (EC) No 1774/2002, manure is Category 2 material. The definition of manure, as set out in Annex I to that Regulation, covers guano, which may be either unprocessed or processed in accordance with Chapter III of Annex VIII to that Regulation. Part III of that Chapter provides that the placing on the market of guano is not subject to any animal health conditions.

(5) In addition, Regulation (EC) No 1774/2002 provides that the provisions applicable to the importation from third countries of products referred to in Annexes VII and VIII thereto are to be no more favourable or less favourable than those applicable to the production and marketing of those products in the Union.

(6) Imports of Guano from Madagascar should therefore no longer be prohibited.

(7) Decision 2006/241/EC should therefore be amended accordingly.

(8) 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

Article 1 of Decision 2006/241/EC is replaced by the following:

‘Article 1 This Decision shall apply to products of animal origin, excluding fishery products, snails and guano, originating in Madagascar.’.

Article 2

This Decision is addressed to the Member States.

Done at Brussels, 8 October 2010. For the Commission John DALLI Member of the Commission

(1) OJ L 24, 30.1.1998, p. 9.

(2) OJ L 88, 25.3.2006, p. 63.

(3) OJ L 273, 10.10.2002, p. 1.
EN Official Journal of the European Union L 291/47

COMMISSION DECISION

of 8 November 2010

concerning the non-inclusion of certain substances in Annex I, IA or IB to Directive 98/8/EC of the European Parliament and of the Council concerning the placing of biocidal products on the market

(notified under document C(2010) 7579)

(Text with EEA relevance)

(2010/675/EU)

THE EUROPEAN COMMISSION,

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

Having regard to Directive 98/8/EC of the European Parliament and of the Council of 16 February 1998 concerning the placing of biocidal products on the market (1), and in particular the second subparagraph of Article 16(2) thereof,

Whereas:

(1) Commission Regulation (EC) No 1451/2007 of 4 December 2007 on the second phase of the 10-year work programme referred to in Article 16(2) of Directive 98/8/EC of the European Parliament and of the Council concerning the placing of biocidal products on the market (2) establishes a list of active substances to be assessed, with a view to their possible inclusion in Annex I, IA or IB to Directive 98/8/EC.

(2) For a number of substance/product type combinations included in that list, either all participants have discontinued their participation from the review programme, or no complete dossier was received within the time period specified in Article 9 and Article 12(3) of Regulation (EC) No 1451/2007 by the Member State designated as Rapporteur for the evaluation.

(3) Consequently, and pursuant to Articles 11(2), 12(1) and 13(5) of Regulation (EC) No 1451/2007, the Commission informed the Member States accordingly. That information was also made public by electronic means.

(4) Within the period of 3 months from those publications, a number of companies indicated an interest in taking over the role of participant for the substances and product-types concerned. However, those companies subsequently failed to submit a complete dossier.

(5) Pursuant to Article 12(5) of Regulation (EC) No 1451/2007, the substances and product types concerned should therefore not be included in Annex I, IA or IB to Directive 98/8/EC.

(6) In the interest of legal certainty, the date should be specified after which biocidal products containing active substances for the product-types indicated in the Annex to this Decision shall no longer be placed on the market.

(7) The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on Biocidal Products,

HAS ADOPTED THIS DECISION:

Article 1

The substances indicated in the Annex to this Decision shall not be included for the product-types concerned in Annex I, IA or IB to Directive 98/8/EC.

Article 2

For the purposes of Article 4(2) of Regulation (EC) No 1451/2007, biocidal products containing active substances for the product-types indicated in the Annex to this Decision shall no longer be placed on the market with effect from 1 November 2011.

Article 3

This Decision is addressed to the Member States.

Done at Brussels, 8 November 2010. For the Commission Janez POTOČNIK Member of the Commission

(1) OJ L 123, 24.4.1998, p. 1.

(2) OJ L 325, 11.12.2007, p. 3.
EN Official Journal of the European Union L 312/23

COMMISSION DECISION

of 26 November 2010

on the clearance of the accounts of certain paying agencies in France concerning expenditure financed by the European Agricultural Fund for Rural Development (EAFRD) for the 2008 financial year

(notified under document C(2010) 8220)

(Only the French text is authentic)

(2010/721/EU)

THE EUROPEAN COMMISSION,

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

Having regard to Council Regulation (EC) No 1290/2005 of 21 June 2005 on the financing of the common agricultural policy (1), and in particular Articles 30 and 33 thereof,

After consulting the Fund Committee,

Whereas:

(1) Commission Decisions 2009/373/EC (2) and 2010/59/EU (3) cleared, for the 2008 financial year, the accounts of all the paying agencies except for the German paying agency ‘Bayern’, the Greek paying agency ‘OPEKEPE’, the French paying agency ‘ODARC’ and the Italian paying agency ‘ARBEA’.

(2) Following the transmission of new information and after additional checks, the Commission can now take a decision concerning expenditure financed by the European Agricultural Fund for Rural Development (EAFRD) on the integrality, accuracy and veracity of the accounts submitted by the French paying agency ‘ODARC’.

(3) In accordance with Article 30(2) of Regulation (EC) No 1290/2005, this Decision does not prejudice decisions taken subsequently by the Commission excluding from Community financing expenditure not effected in accordance with Community rules,

HAS ADOPTED THIS DECISION:

Article 1

The accounts of the French paying agency ‘ODARC’ concerning expenditure financed by the European Agricultural Fund for Rural Development (EAFRD), in respect of the 2008 financial year, are hereby cleared.

The amounts which are recoverable from, or payable to, each Member State under each rural development programme pursuant to this Decision, including those resulting from the application of Article 33(8) of Regulation (EC) No 1290/2005, are set out in Annex.

Article 2

This Decision is addressed to the French Republic.

Done at Brussels, 26 November 2010. For the Commission Dacian CIOLOŞ Member of the Commission

(1) OJ L 209, 11.8.2005, p. 1.

(2) OJ L 116, 9.5.2009, p. 21.

(3) OJ L 34, 5.2.2010, p. 26.
EN Official Journal of the European Union L 286/18

DECISION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

of 20 October 2010

on the mobilisation of the European Globalisation Adjustment Fund in accordance with point 28 of the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management (application EGF/2010/001 DK/Nordjylland from Denmark)

(2010/662/EU)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

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

Having regard to the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management (1), and in particular point 28 thereof,

Having regard to Regulation (EC) No 1927/2006 of the European Parliament and of the Council of 20 December 2006 establishing the European Globalisation Adjustment Fund (2), and in particular Article 12(3) thereof,

Having regard to the proposal from the European Commission,

Whereas:

(1) The European Globalisation Adjustment Fund (EGF) was established to provide additional support for workers made redundant as a result of major structural changes in world trade patterns due to globalisation and to assist them with their reintegration into the labour market.

(2) The scope of the EGF was broadened for applications submitted from 1 May 2009 to include support for workers made redundant as a direct result of the global financial and economic crisis.

(3) The Interinstitutional Agreement of 17 May 2006 allows the mobilisation of the EGF within the annual ceiling of EUR 500 million.

(4) Denmark submitted an application on 22 January 2010 to mobilise the EGF, in respect of redundancies in the manufacturing of machinery and equipment sector in the Nordjylland region, and supplemented it by additional information up to 28 April 2010. This application complies with the requirements for determining the financial contributions as laid down in Article 10 of Regulation (EC) No 1927/2006. The Commission, therefore, proposes to mobilise an amount of EUR 7 521 359.

(5) The EGF should, therefore, be mobilised in order to provide a financial contribution for the application submitted by Denmark,

HAVE ADOPTED THIS DECISION:

Article 1

For the general budget of the European Union for the financial year 2010, the European Globalisation Adjustment Fund (EGF) shall be mobilised to provide the sum of EUR 7 521 359 in commitment and payment appropriations.

Article 2

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

Done at Strasbourg, 20 October 2010. For the European Parliament The President J. BUZEK For the Council The President O. CHASTEL

(1) OJ C 139, 14.6.2006, p. 1.

(2) OJ L 406, 30.12.2006, p. 1.