ddrg/super_eurlex huggingface dataset:
EN Official Journal of the European Union L 118/80

COMMISSION DECISION

of 8 May 2009

amending the Appendix to Annex VI to the Act of Accession of Bulgaria and Romania as regards certain milk processing establishments in Bulgaria

(notified under document number C(2009) 3389)

(Text with EEA relevance)

(2009/372/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to the Act of Accession of Bulgaria and Romania, and in particular the first subparagraph of paragraph (f) of Section B of Chapter 4 of Annex VI thereto,

Whereas:

(1) Bulgaria has been granted transitional periods by the Act of Accession of Bulgaria and Romania for compliance by certain milk processing establishments with the requirements of Regulation (EC) No 853/2004 of the European Parliament and of the Council of 29 April 2004 laying down specific hygiene rules for food of animal origin (1).

(2) The Appendix to Annex VI to the Act of Accession has been amended by Commission Decisions 2007/26/EC (2), 2007/689/EC (3), 2008/209/EC (4), 2008/331/EC (5), 2008/547/EC (6), 2008/672/EC (7), 2008/827/EC (8) and 2009/27/EC (9).

(3) Bulgaria has provided guarantees that 48 milk processing establishments have completed their upgrading process and are now in full compliance with Community legislation. Thirty one of those establishments are allowed to receive and process compliant and non-compliant raw milk without separation. They should therefore be included in the list of Chapter I of the Appendix to Annex VI.

(4) One milk processing establishment currently listed in Chapter I will process only compliant raw milk and will therefore be considered as an EU-approved milk processing establishment. That establishment should therefore be deleted from the list of Chapter I of the Appendix to Annex VI.

(5) The Appendix to Annex VI to the Act of Accession of Bulgaria and Romania 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

The Appendix to Annex VI to the Act of Accession of Bulgaria and Romania is amended in accordance with the Annex to this Decision.

Article 2

This Decision is addressed to the Member States.

Done at Brussels, 8 May 2009. For the Commission Androulla VASSILIOU Member of the Commission

(1) OJ L 139, 30.4.2004, p. 55; corrected by OJ L 226, 25.6.2004, p. 22.

(2) OJ L 8, 13.1.2007, p. 35.

(3) OJ L 282, 26.10.2007, p. 60.

(4) OJ L 65, 8.3.2008, p. 18.

(5) OJ L 114, 26.4.2008, p. 97.

(6) OJ L 176, 4.7.2008, p. 11.

(7) OJ L 220, 15.8.2008, p. 27.

(8) OJ L 294, 1.11.2008, p. 9.

(9) OJ L 10, 15.1.2009, p. 23.
EN Official Journal of the European Union L 144/25

COUNCIL DECISION

of 25 May 2009

amending Decision 2006/493/EC laying down the amount of Community support for rural development for the period from 1 January 2007 to 31 December 2013, its annual breakdown and the minimum amount to be concentrated in regions eligible under the Convergence Objective

(2009/434/EC)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 1698/2005 of 20 September 2005 on support for rural development by the European Agricultural Fund for Rural Development (EAFRD) (1), and in particular Article 69(1) thereof,

Having regard to the proposal from the Commission,

Whereas:

(1) Council Decision 2006/493/EC (2) lays down the amount of Community support for rural development for the period from 1 January 2007 to 31 December 2013, its annual breakdown and the minimum amount to be concentrated in regions eligible under the Convergence Objective.

(2) The European Council, at its meeting on 11 and 12 December 2008, approved a European Economic Recovery Plan (EERP) which envisages the initiation of priority action to enable the Member States’ economies to adjust more rapidly to current challenges.

(3) The EERP is based on an effort equivalent in total to around 1,5 % of European Union GDP, a figure of around EUR 200 billion. Of that amount, EUR 1 020 million should be made available to all Member States via the European Agricultural Fund for Rural Development with a view to developing broadband Internet in rural areas, and to strengthening the operations related to the priorities laid down in points (a) to (f) of Article 16a(1) of Regulation (EC) No 1698/2005. According to the Declaration of the European Parliament, the Council and the Commission on the financing of projects in the field of energy and broadband Internet as well as the CAP Health Check in the framework of the European Economic Recovery Plan (3), EUR 600 million should be available in 2009 while EUR 420 million should be secured through a compensation mechanism at the conciliation of the 2010 Community budgetary procedure and should be available in 2010.

(4) Decision 2006/493/EC should therefore be amended accordingly,

HAS DECIDED AS FOLLOWS:

Article 1

The Annex to Decision 2006/493/EC is replaced by the text appearing in the Annex to this Decision.

Article 2

This Decision shall apply as from 1 January 2009.

Done at Brussels, 25 May 2009. For the Council The President J. ŠEBESTA

(1) OJ L 277, 21.10.2005, p. 1.

(2) OJ L 195, 15.7.2006, p. 22.

(3) OJ C 108, 12.5.2009, p. 1.
EN Official Journal of the European Union L 151/39

DECISION OF THE EUROPEAN CENTRAL BANK

of 9 June 2009

amending Decision ECB/2007/7 concerning the terms and conditions of TARGET2-ECB

(ECB/2009/13)

(2009/465/EC)

THE EXECUTIVE BOARD OF THE EUROPEAN CENTRAL BANK,

Having regard to the Treaty establishing the European Community, and in particular to the first and fourth indents of Article 105(2) thereof,

Having regard to the Statute of the European System of Central Banks and of the European Central Bank, and in particular Article 11.6 and Articles 17, 22 and 23 thereof,

Whereas:

(1) The Executive Board of the European Central Bank (ECB) adopted Decision ECB/2007/7 of 24 July 2007 concerning the terms and conditions of TARGET2-ECB (1).

(2) The Governing Council of the ECB adopted Guideline ECB/2009/9 of 7 May 2009 amending Guideline ECB/2007/2 on a Trans-European Automated Real-time Gross settlement Express Transfer system (TARGET2) (2), inter alia, to allow access to TARGET2 by publicly owned credit institutions which, in view of their specific institutional nature under Community law, are subject to scrutiny of a standard comparable to supervision by competent national authorities.

(3) The definition of the term ‘credit institution’ in the Annex to Decision ECB/2007/7 should be replaced in view of the recent amendments made to Guideline ECB/2007/2,

HAS DECIDED AS FOLLOWS:

Article 1

The definition of ‘credit institution’ in Article 1 of the Annex to Decision ECB/2007/7 is replaced by the following:

‘— “credit institution” means either: (a) a credit institution within the meaning of § 1(1) of the KWG; or (b) another credit institution within the meaning of Article 101(2) of the Treaty that is subject to scrutiny of a standard comparable to supervision by a competent authority.’

Article 2

Entry into force

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

Done at Frankfurt am Main, 9 June 2009. The President of the ECB Jean-Claude TRICHET

(1) OJ L 237, 8.9.2007, p. 71.

(2) OJ L 123, 19.5.2009, p. 94.
EN Official Journal of the European Union L 148/27

COMMISSION DECISION

of 10 June 2009

amending, for the purposes of adapting to technical progress, the Annex to Directive 2002/95/EC of the European Parliament and of the Council as regards exemptions for applications of lead, cadmium and mercury

(notified under document number C(2009) 4187)

(Text with EEA relevance)

(2009/443/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Directive 2002/95/EC of the European Parliament and of the Council of 27 January 2003 on the restriction of the use of certain hazardous substances in electrical and electronic equipment (1), and in particular Article 5(1)(b) thereof,

Whereas:

(1) Directive 2002/95/EC requires the Commission to evaluate certain hazardous substances prohibited pursuant to Article 4(1) of that Directive.

(2) Certain materials and components containing lead and cadmium should be exempted from the prohibition, since the elimination of these hazardous substances in those specific materials and components is still technically or scientifically impracticable.

(3) The substitution for lead in solders for the soldering of thin copper wires of 100 μm diameter and less in power transformers is not yet practicable.

(4) No practicable substitutes for lead in the plating layer of high voltage diodes on the basis of a zinc borate glass body are available.

(5) The substitution of cadmium and cadmium oxide in thick film pastes used on aluminium bonded beryllium oxide is currently not practicable.

(6) Substitute technologies to replace analogue sound processing circuits in order to avoid the use of cadmium-based optocouplers in all professional audio applications should become practicable by 31 December 2009.

(7) Substitution for mercury used as a cathode sputtering inhibitor in DC plasma displays with content of up to 30 mg per display is currently technically impracticable, but should be practicable by 1 July 2010.

(8) Directive 2002/95/EC should therefore be amended accordingly.

(9) Pursuant to Article 5(2) of Directive 2002/95/EC, the Commission has consulted the relevant parties.

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

HAS ADOPTED THIS DECISION:

Article 1

The Annex to Directive 2002/95/EC is amended as set out in the Annex to this Decision.

Article 2

This Decision is addressed to the Member States.

Done at Brussels, 10 June 2009. For the Commission Stavros DIMAS Member of the Commission

(1) OJ L 37, 13.2.2003, p. 19.

(2) OJ L 114, 27.4.2006, p. 9.
EN Official Journal of the European Union L 171/46

COMMISSION DECISION

of 30 June 2009

amending Decision 2008/788/EC fixing the net amounts resulting from the application of voluntary modulation in Portugal for the calendar years 2009 to 2012

(notified under document number C(2009) 5095)

(only the Portuguese text is authentic)

(2009/505/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 378/2007 of 27 March 2007 laying down rules for voluntary modulation of direct payments provided for in Regulation (EC) No 1782/2003 establishing common rules for direct support schemes under the common agricultural policy and establishing certain support schemes for farmers, and amending Regulation (EC) No 1290/2005 (1), and in particular Article 4(1) thereof,

Whereas:

(1) Commission Decision 2008/788/EC (2) establishes the net amounts resulting from the application of voluntary modulation in Portugal for the calendar years 2009 to 2012.

(2) Under Article 1(5) of Regulation (EC) No 378/2007 the rates established in Article 7 of Council Regulation (EC) No 73/2009 (3), reduced by five percentage points, must be deducted from the rate of voluntary modulation applied by the Member States. Consequently, the net amounts resulting from voluntary modulation should be reduced.

(3) Decision 2008/788/EC should therefore be amended,

HAS ADOPTED THIS DECISION:

Article 1

Article 1 of Decision 2008/788/EC shall be replaced by the following:

‘Article 1 The net amounts resulting from the application of voluntary modulation in Portugal for the calendar years 2009 to 2012 shall be as follows: (EUR million) 2009 2010 2011 2012 32,8 29,0 25,0 21,0’

Article 2

This Decision shall apply from the 2010 budgetary year.

Article 3

This Decision is addressed to the Portuguese Republic.

Done at Brussels, 30 June 2009. For the Commission Mariann FISCHER BOEL Member of the Commission

(1) OJ L 95, 5.4.2007, p. 1.

(2) OJ L 271, 11.10.2008, p. 44.

(3) OJ L 30, 31.1.2009, p. 16.
EN Official Journal of the European Union L 177/4

COUNCIL DECISION

of 7 July 2009

appointing four Belgian members and one Belgian alternate member of the Committee of the Regions

(2009/526/EC)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 263 thereof,

Having regard to the proposal of the Belgian Government,

Whereas:

(1) On 24 January 2006, the Council adopted Decision 2006/116/EC appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2006 to 25 January 2010 (1).

(2) Four members' seats on the Committee of the Regions have become vacant following the expiry of the mandates of Mr Geert BOURGEOIS, Mr Luc VAN DEN BRANDE, Mr Patrick LACHAERT and Mr Gilbert BOSSUYT. An alternate member’s seat has become vacant following the expiry of the mandate of Mr Marc VAN DEN ABEELEN,

HAS DECIDED AS FOLLOWS:

Article 1

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

a) as members: — Mr Geert BOURGEOIS, Vlaams Volksvertegenwoordiger (change of mandate), — Mr Luc VAN DEN BRANDE, Voorzitter Vlaams-Europees Verbindingsagentschap (change of mandate), — Mr Gilbert BOSSUYT, burgemeester Menen (change of mandate), — Mr Patrick LACHAERT, gemeenteraadslid Merelbeke (change of mandate), and

b) as alternate member: — Mr Marc VAN DEN ABEELEN, burgemeester van Aartselaar (change of mandate).

Article 2

This Decision shall take effect on 30 June 2009.

Done at Brussels, 7 July 2009. For the Council The President A. BORG

(1) OJ L 56, 25.2.2006, p. 75.
EN Official Journal of the European Union L 171/47

COMMISSION DECISION

of 30 June 2009

appointing members of the Committee for Orphan Medicinal Products

(Text with EEA relevance)

(2009/506/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to the Regulation (EC) No 141/2000 of the European Parliament and of the Council of 16 December 1999 on orphan medicinal products (1), and in particular Article 4(3) thereof,

Having regard to the recommendation of the European Medicines Agency of 3 April 2009,

Whereas:

(1) The term of office of four members of the Committee for Orphan Medicinal Products, hereinafter ‘the Committee’, set up in accordance with Article 4 of Regulation (EC) No 141/2000, expired on 15 April 2009. One member of the Committee whose term of office expired was appointed by the Commission on the basis of a recommendation from the European Medicines Agency. Three other members whose term of office expired were appointed by the Commission to represent patients organisations. It is necessary, therefore, to appoint four members to the Committee.

(2) The European Medicines Agency has recommended one person for nomination.

(3) The members of the Committee should be appointed for a period of three years starting on 1 July 2009,

HAS DECIDED AS FOLLOWS:

Article 1

1. The following is hereby appointed member of the Committee for Orphan Medicinal Products, hereinafter referred to as ‘the Committee’, to represent patients organisations for a term of three years, from 1 July 2009:

Ms Lesley Claire GREENE.

2. The following are hereby reappointed members of the Committee to represent patients organisations for a term of three years, from 1 July 2009:

Ms Birthe Byskov HOLM,

Dr Marie Pauline EVERS.

Article 2

On the recommendation of the European Medicines Agency, the following is hereby reappointed member of the Committee for a term of three years, from 1 July 2009:

Dr David LYONS.

Done at Brussels, 30 June 2009. For the Commission Günter VERHEUGEN Vice-President

(1) OJ L 18, 22.1.2000, p. 1.
EN Official Journal of the European Union L 180/24

COMMISSION DECISION

of 10 July 2009

amending Decision 2002/253/EC as regards case definitions for reporting Influenza A(H1N1) to the Community network

(notified under document number C(2009) 5465)

(Text with EEA relevance)

(2009/540/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Decision No 2119/98/EC of the European Parliament and of the Council of 24 September 1998 setting up a network for the epidemiological surveillance and control of communicable diseases in the Community (1), and in particular Article 3(c) thereof,

Whereas:

(1) According to Article 2 of Commission Decision 2002/253/EC of 19 March 2002 laying down case definitions for reporting communicable diseases to the Community network under Decision No 2119/98/EC of the European Parliament and of the Council (2), the case definitions laid down in Annex to that Decision should be updated to the extent necessary on the basis of the latest scientific data.

(2) Commission Decision 2009/363/EC of 30 April 2009 amending Decision 2002/253/EC laying down case definitions for reporting communicable diseases to the Community network under Decision No 2119/98/EC of the European Parliament and of the Council (3) introduced a new case definition in relation to the recent outbreak in North America of a new influenza virus and the recent occurrence of cases in several Member States.

(3) The World Health Organization has in the meantime officially defined the current disease under the wording ‘Influenza A(H1N1)’. It is therefore necessary to update Decision 2002/253/EC in order to use this denomination instead of the name given to this virus by Decision 2009/363/EC.

(4) The measures provided for in this Decision are in accordance with the opinion of the Committee set up by Article 7 of Decision No 2119/98/EC,

HAS ADOPTED THIS DECISION:

Article 1

In the Annex to Decision 2002/253/EC, the heading ‘NOVEL INFLUENZA VIRUS A(H1N1) (THE SO-CALLED SWINE INFLUENZA VIRUS A(H1N1) AND MEXICAN INFLUENZA VIRUS) (1)’ is replaced by the heading ‘INFLUENZA A(H1N1)’.

Article 2

This Decision is addressed to the Member States.

Done at Brussels, 10 July 2009. For the Commission Androulla VASSILIOU Member of the Commission

(1) OJ L 268, 3.10.1998, p. 1.

(2) OJ L 86, 3.4.2002, p. 44.

(3) OJ L 110, 1.5.2009, p. 58.
EN Official Journal of the European Union L 198/55

COUNCIL DECISION

of 27 July 2009

appointing one UK alternate member of the Committee of the Regions

(2009/576/EC)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 263 thereof,

Having regard to the proposal of the Government of the United Kingdom,

Whereas:

(1) On 24 January 2006, the Council adopted Decision 2006/116/EC appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2006 to 25 January 2010 (1).

(2) An alternate member’s seat on the Committee of the Regions has become vacant following the resignation of Mr Robert NEILL,

HAS DECIDED AS FOLLOWS:

Article 1

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

Mr Roger EVANS, Assembly Member for Havering & Redbridge, England (appointed on behalf of Greater London Assembly)

Article 2

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

Done at Brussels, 27 July 2009. For the Council The President C. BILDT

(1) OJ L 56, 25.2.2006, p. 75.
EN Official Journal of the European Union L 247/10

COUNCIL DECISION

of 14 September 2009

amending Decision 1999/70/EC concerning the external auditors of the national central banks, as regards the external auditors of the Národná banka Slovenska

(2009/710/EC)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Protocol on the Statute of the European System of Central Banks and of the European Central Bank annexed to the Treaty establishing the European Community, and in particular to Article 27.1 thereof,

Having regard to Recommendation ECB/2009/14 of the European Central Bank of 25 June 2009 to the Council of the European Union on the external auditors of Národná banka Slovenska (1),

Whereas:

(1) The accounts of the European Central Bank (ECB) and of the national central banks of the Eurosystem are to be audited by independent external auditors recommended by the Governing Council of the ECB and approved by the Council of the European Union.

(2) Pursuant to Article 1 of Council Decision 2008/608/EC of 8 July 2008 in accordance with Article 122(2) of the Treaty on the adoption by Slovakia of the single currency on 1 January 2009 (2), Slovakia adopted the single currency on 1 January 2009.

(3) Pursuant to Article 38 of the Law on the Národná banka Slovenska, from 1 January 2009 the annual financial statements of the Národná banka Slovenska are to be audited in accordance with Article 27 of the Statute of the European System of Central Banks and of the European Central Bank.

(4) The Governing Council of the ECB recommended that the Council approve Deloitte Audit s.r.o. as the external auditor of the Národná banka Slovenska for the financial year 2009.

(5) It is appropriate to follow the recommendation of the Governing Council of the ECB and to amend Decision 1999/70/EC (3) accordingly,

HAS DECIDED AS FOLLOWS:

Article 1

The following paragraph shall be added to Article 1 of Decision 1999/70/EC:

‘16. Deloitte Audit s.r.o. is hereby approved as the external auditor of the Národná banka Slovenska for the financial year 2009.’

Article 2

This Decision shall be notified to the ECB.

Article 3

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

Done at Brussels, 14 September 2009. For the Council The President C. MALMSTRÖM

(1) OJ C 149, 1.7.2009, p. 1.

(2) OJ L 195, 24.7.2008, p. 24.

(3) OJ L 22, 29.1.1999, p. 69.