ddrg/super_eurlex huggingface dataset:
EN Official Journal of the European Union L 255/44

COMMISSION DECISION

of 27 September 2007

amending Decision 2006/779/EC as regards extending the period of application of that Decision

(notified under document number C(2007) 4459)

(Text with EEA relevance)

(2007/630/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Directive 90/425/EEC of 26 June 1990 concerning veterinary and zootechnical checks applicable in intra-Community trade in certain live animals and products with a view to the completion of the internal market (1), and in particular Article 10(4) thereof,

Having regard to Council Directive 89/662/EEC of 11 December 1989 concerning veterinary checks in intra-Community trade with a view to the completion of the internal market (2), and in particular Article 9(4) thereof,

Whereas:

(1) Commission Decision 2006/779/EC of 14 November 2006 concerning transitional animal health control measures relating to classical swine fever in Romania (3) was adopted in response to outbreaks of classical swine fever in Romania.

(2) Decision 2006/779/EC applies for a period of nine months from the date of entry into force of the Treaty of Accession of Bulgaria and Romania. In the light of the disease situation of classical swine fever in Romania, it is appropriate to extend the period of application of Decision 2006/779/EC until 31 December 2009.

(3) Decision 2006/779/EC should therefore be amended accordingly.

(4) 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 7 of Decision 2006/779/EC is replaced by the following:

‘Article 7 Applicability This Decision shall apply until 31 December 2009.’

Article 2

This Decision is addressed to the Member States.

Done at Brussels, 27 September 2007. For the Commission Markos KYPRIANOU Member of the Commission

(1) OJ L 224, 18.8.1990, p. 29. Directive as last amended by Directive 2002/33/EC of the European Parliament and of the Council (OJ L 315, 19.11.2002, p. 14).

(2) OJ L 395, 30.12.1989, p. 13. Directive as last amended by Directive 2004/41/EC of the European Parliament and of the Council (OJ L 157, 30.4.2004, p. 33, corrected by OJ L 195, 2.6.2004, p. 12).

(3) OJ L 314, 15.11.2006, p. 48.
EN Official Journal of the European Union L 262/30

COUNCIL DECISION

of 1 October 2007

appointing a member of the Advisory Committee of the Euratom Supply Agency

(2007/652/Euratom)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Atomic Energy Community, and in particular the second and third paragraphs of Article 54 thereof,

Having regard to Article X of the Statutes of the Euratom Supply Agency (1), as last amended by Decision 95/1/EC, Euratom, ECSC of 1 January 1995 (2),

Having regard to Council Decision 2007/514/Euratom of 10 July 2007 appointing the members of the Advisory Committee of the Euratom Supply Agency (3),

Having regard to the opinion of the Commission,

Whereas:

(1) A member's seat on the above Committee has fallen vacant following the resignation of Mr Jean-Luc SALANAVE, of which the Council was informed on 1 August 2007.

(2) That vacancy should therefore be filled.

(3) The French Government submitted a nomination on 1 August 2007,

HAS DECIDED AS FOLLOWS:

Sole Article

Mr Jean-Michel GUIHEUX is hereby appointed a member of the Advisory Committee of the Euratom Supply Agency for the remainder of the Committee's term of office, which ends on 28 March 2009.

Done at Luxembourg, 1 October 2007. For the Council The President M. LINO

(1) OJ 27, 6.12.1958, p. 534/58.

(2) OJ L 1, 1.1.1995, p. 1.

(3) OJ L 190, 21.7.2007, p. 15.
EN Official Journal of the European Union L 311/45

COMMISSION DECISION

of 28 November 2007

amending Decision 2006/415/EC concerning certain protection measures in relation to highly pathogenic avian influenza of the subtype H5N1 in poultry in Romania

(notified under document number C(2007) 5914)

(Text with EEA relevance)

(2007/770/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Directive 89/662/EEC of 11 December 1989 concerning veterinary checks in intra-Community trade with a view to the completion of the internal market (1), and in particular Article 9(3) thereof,

Having regard to Council Directive 90/425/EEC of 26 June 1990 concerning veterinary and zootechnical checks applicable in intra-Community trade in certain live animals and products with a view to the completion of the internal market (2), and in particular Article 10(3) thereof,

Whereas:

(1) Commission Decision 2006/415/EC of 14 June 2006 concerning certain protection measures in relation to highly pathogenic avian influenza of the subtype H5N1 in poultry in the Community and repealing Decision 2006/135/EC (3) lays down certain protection measures to be applied in order to prevent the spread of that disease, including the establishment of areas A and B following a suspected or confirmed outbreak of the disease.

(2) Romania has notified the Commission of an outbreak of highly pathogenic avian influenza of subtype H5N1 in a backyard holding on its territory in the County of Tulcea and has taken the appropriate measures as provided for in Decision 2006/415/EC, including the establishment of areas A and B as provided for in Article 4 of that Decision.

(3) The Commission has examined those measures in collaboration with Romania, and is satisfied that the borders of areas A and B established by the competent authority in that Member State are at a sufficient distance to the actual location of the outbreak. areas A and B in Romania can therefore be confirmed and the duration of that regionalisation fixed.

(4) Decision 2006/415/EC should therefore be amended accordingly.

(5) The measures provided for in this Decision should be reviewed at the next meeting of the Standing Committee on the Food Chain and Animal Health,

HAS ADOPTED THIS DECISION:

Article 1

The Annex to Decision 2006/415/EC is amended in accordance with the text in the Annex to this Decision.

Article 2

This Decision is addressed to the Member States.

Done at Brussels, 28 November 2007. For the Commission Markos KYPRIANOU Member of the Commission

(1) OJ L 395, 30.12.1989, p. 13. Directive as last amended by Directive 2004/41/EC (OJ L 157, 30.4.2004, p. 33); corrected version (OJ L 195, 2.6.2004, p. 12).

(2) OJ L 224, 18.8.1990, p. 29. Directive as last amended by Directive 2002/33/EC of the European Parliament and of the Council (OJ L 315, 19.11.2002, p. 14).

(3) OJ L 164, 16.6.2006, p. 51. Decision as last amended by Decision 2007/731/EC (OJ L 295, 14.11.2007, p. 28).
EN Official Journal of the European Union L 332/80

COMMISSION DECISION

of 6 December 2007

amending Decision 2004/4/EC authorising Member States temporarily to take emergency measures against the dissemination of Pseudomonas solanacearum (Smith) Smith as regards Egypt

(notified under document number C(2007) 5898)

(2007/842/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Directive 2000/29/EC of 8 May 2000 on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community (1), and in particular Article 16(3) thereof,

Whereas:

(1) Under Commission Decision 2004/4/EC (2), tubers of Solanum tuberosum L., originating in Egypt, must not in principle be introduced into the Community. However, for the 2006/07 import season the entry into the Community of such tubers was permitted from ‘pest-free areas’ and subject to specific conditions.

(2) During the 2006/07 import season, one interception of Pseudomonas solanacearum (Smith) Smith was recorded.

(3) Egypt has reacted to this interception in a satisfactory way. The respective area has been taken off the list of ‘pest free areas’ for the 2007/08 import season.

(4) In the light of the information provided by Egypt, the Commission has established that there is no risk of spreading Pseudomonas solanacearum (Smith) Smith with the entry into the Community of tubers of Solanum tuberosum L. from ‘pest-free areas’ of Egypt, provided that certain conditions are satisfied.

(5) The entry into the Community of tubers of Solanum tuberosum L., originating in ‘pest-free areas’ of Egypt, should therefore be permitted for the 2007/08 import season.

(6) Decision 2004/4/EC should therefore be amended accordingly.

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

HAS ADOPTED THIS DECISION:

Article 1

Decision 2004/4/EC is amended as follows:

1. in Article 2 paragraph 1 ‘2006/07’ is replaced by ‘2007/08’;

2. in Article 4, ‘31 August 2007’ is replaced by ‘31 August 2008’;

3. in Article 7, ‘30 September 2007’ is replaced by ‘30 September 2008’;

4. the Annex is amended as follows: (a) in point 1(b)(iii), ‘2006/07’ is replaced by ‘2007/08’; (b) in the second indent of point 1(b)(iii), ‘1 January 2007’ is replaced by ‘1 January 2008’; (c) in point 1(b)(xii), ‘1 January 2007’ is replaced by ‘1 January 2008’.

Article 2

This Decision is addressed to the Member States.

Done at Brussels, 6 December 2007. For the Commission Markos KYPRIANOU Member of the Commission

(1) OJ L 169, 10.7.2000, p. 1. Directive as last amended by Commission Directive 2007/41/EC (OJ L 169, 29.6.2007, p. 51).

(2) OJ L 2, 6.1.2004, p. 50. Decision as last amended by Decision 2006/749/EC (OJ L 302, 1.11.2006, p. 47).
EN Official Journal of the European Union L 346/17

COUNCIL DECISION

of 20 December 2007

amending the Council’s Rules of Procedure

(2007/881/EC)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular the first subparagraph of Article 207(3) thereof,

Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Article 121(3) thereof,

Having regard to the Treaty on European Union, and in particular Articles 28(1) and 41(1) thereof,

Having regard to Article 2(2) of Annex III to the Council’s Rules of Procedure (1),

Whereas:

(1) Article 11(5) of the Council’s Rules of Procedure (hereinafter referred to as Rules of Procedure) provides that when a decision is to be adopted by the Council by a qualified majority, and if a member of the Council so requests, it shall be verified that the Member States constituting the qualified majority represent at least 62 % of the total population of the European Union calculated according to the population figures set out in Article 1 of Annex III to the Rules of Procedure.

(2) Article 2(2) of Annex III to the Rules of Procedure, on detailed rules for implementing the provisions concerning the weighting of votes in the Council, provides that, with effect from 1 January each year, the Council shall, in accordance with the data available to the Statistical Office of the European Communities on 30 September of the preceding year, amend the figures set out in Article 1 of that Annex.

(3) The Rules of Procedure should therefore be amended accordingly for 2008,

HAS DECIDED AS FOLLOWS:

Article 1

Article 1 of Annex III to the Rules of Procedure shall be replaced by the following:

‘Article 1 For the purposes of implementing Article 205(4) of the EC Treaty, Article 118(4) of the Euratom Treaty, and the third subparagraph of Article 23(2) and Article 34(3) of the EU Treaty, the total population of each Member State for the period from 1 January to 31 December 2008 shall be as follows: Member State Population (× 1 000) Germany 82 314,9 France 63 392,1 United Kingdom 60 823,8 Italy 59 131,3 Spain 44 474,6 Poland 38 125,5 Romania 21 565,1 Netherlands 16 358 Greece 11 171,7 Portugal 10 599,1 Belgium 10 584,5 Czech Republic 10 287,2 Hungary 10 066,1 Sweden 9 113,2 Austria 8 298,9 Bulgaria 7 679,3 Denmark 5 447,1 Slovakia 5 393,6 Finland 5 276,9 Ireland 4 319,4 Lithuania 3 384,9 Latvia 2 281,3 Slovenia 2 010,3 Estonia 1 342,4 Cyprus 778,7 Luxembourg 476,2 Malta 407,8 Total 495 103,9 Threshold (62 %) 306 964,4’

Article 2

This Decision shall take effect on 1 January 2008.

It shall be published in the Official Journal of the European Union.

Done at Brussels, 20 December 2007. For the Council The President F. NUNES CORREIA

(1) Council Decision 2006/683/EC, Euratom of 15 September 2006 adopting the Council’s Rules of Procedure (OJ L 285, 16.10.2006, p. 47).
EN Official Journal of the European Union L 1/7

DECISION OF THE EUROPEAN CENTRAL BANK

of 7 December 2007

amending Decision ECB/2001/15 of 6 December 2001 on the issue of euro banknotes

(ECB/2007/19)

(2008/21/EC)

THE GOVERNING COUNCIL OF THE EUROPEAN CENTRAL BANK,

Having regard to the Treaty establishing the European Community, and in particular Article 106(1) thereof,

Having regard to the Statute of the European System of Central Banks and of the European Central Bank, and in particular Article 16 thereof,

Whereas:

(1) Pursuant to Article 1 of Council Decision 2007/503/EC of 10 July 2007 in accordance with Article 122(2) of the Treaty on the adoption by Cyprus of the single currency on 1 January 2008 (1) and Article 1 of Council Decision 2007/504/EC of 10 July 2007 in accordance with Article 122(2) of the Treaty on the adoption by Malta of the single currency on 1 January 2008 (2), Cyprus and Malta fulfil the necessary conditions for adoption of the euro and the derogations granted to these Member States under Article 4 of the Act of accession (3) will be abrogated with effect from 1 January 2008.

(2) Article 1(d) of Decision ECB/2001/15 of 6 December 2001 on the issue of euro banknotes (4) defines the ‘banknote allocation key’ and refers to the Annex to that Decision, which specifies the banknote allocation key applying since 1 January 2007. Given that Cyprus and Malta will adopt the euro on 1 January 2008, Decision ECB/2001/15 needs to be amended in order to determine the banknote allocation key applying from 1 January 2008,

HAS DECIDED AS FOLLOWS:

Article 1

Amendment to Decision ECB/2001/15

Decision ECB/2001/15 is amended as follows:

1. the final sentence of Article 1(d) is replaced by the following: ‘The Annex to this Decision specifies the banknote allocation key applying from 1 January 2008.’;

2. the Annex to Decision ECB/2001/15 is replaced by the text set out in the Annex to this Decision.

Article 2

Final provision

This Decision shall enter into force on 1 January 2008.

Done at Frankfurt am Main, 7 December 2007. The President of the ECB Jean-Claude TRICHET

(1) OJ L 186, 18.7.2007, p. 29.

(2) OJ L 186, 18.7.2007, p. 32.

(3) Act concerning the conditions of accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic and the adjustments to the Treaties on which the European Union is founded (OJ L 236, 23.9.2003, p. 33).

(4) OJ L 337, 20.12.2001, p. 52. Decision as last amended by Decision ECB/2006/25 (OJ L 24, 31.1.2007, p. 13).
EN Official Journal of the European Union L 32/181

COMMISSION DECISION

of 20 December 2006

on appointment of members of the Standards Advice Review Group created by the Commission Decision 2006/505/EC of 14 July 2006 setting up a Standards Advice Review Group to advise the Commission on the objectivity and neutrality of the European Financial Reporting Advisory Group's (EFRAG's) opinions

(2007/73/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Commission Decision 2006/505/EC of 14 July 2006 setting up a Standards Advice Review Group to advise the Commission on the objectivity and neutrality of the European Financial Reporting Advisory Group's (EFRAG's) opinions (1), and in particular Article 3 thereof,

Whereas:

According to Article 3 of the Decision 2006/505/EC, the Commission shall appoint a maximum of seven members of the Standards Advice Review Group from independent experts whose experience and competence in the accounting area, in particular in financial reporting issues, are widely recognised at Community level,

HAS DECIDED AS FOLLOWS:

Article 1

The Commission herewith appoints 7 members of the Standards Advice Review Group, whose names are reproduced in the Annex.

Article 2

The decision shall take effect on the day of its publication in the Official Journal of the European Union.

Done at Brussels, 20 December 2006. For the Commission Charlie McCREEVY Member of the Commission

(1) OJ L 199, 21.7.2006, p. 33.
EN Official Journal of the European Union L 1/11

COUNCIL DECISION

of 1 January 2007

determining the order in which the office of President of the Council shall be held

(2007/5/EC, Euratom)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular the second paragraph of Article 203 thereof,

Having regard to the Treaty establishing the European Atomic Energy Community, and in particular the second paragraph of Article 116 thereof,

Having regard to the Treaty on European Union, and in particular Articles 28(1) and 41(1) thereof,

Whereas:

(1) By Decision 2005/902/EC, Euratom (1) the Council established the order in which the office of President of the Council was to be held for the Member States of the European Union at the date of 1 January 2006.

(2) The European Union was enlarged on 1 January 2007 to include two new Member States.

(3) The order in which the office of President of the Council shall be held should accordingly be determined taking into account the new Member States, and a new Decision should be adopted to replace Decision 2005/902/EC, Euratom of 12 December 2005,

HAS DECIDED AS FOLLOWS:

Article 1

1. The order in which the Member States shall hold the Presidency of the Council from 1 January 2007 is set out in the Annex hereto.

2. The Council, acting unanimously on a proposal from the Member States concerned, may decide that a Member State may hold the Presidency during a period other than that resulting from the order established in the Annex hereto.

Article 2

This Decision shall take effect on 1 January 2007.

Decision 2005/902/EC, Euratom shall be repealed.

Article 3

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

Done at Brussels, 1 January 2007. For the Council The President F.-W. STEINMEIER

(1) OJ L 328, 12.12.2005, p. 60.
EN Official Journal of the European Union L 32/180

COMMISSION DECISION

of 20 December 2006

on the prolongation of certain State aid decisions

(notified under document number C(2006) 6927)

(Text with EEA relevance)

(2007/72/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community, and in particular Articles 87 and 88 thereof,

Whereas:

(1) The period of validity of Commission Regulation (EC) No 2204/2002 of 5 December 2002 on the application of Articles 87 and 88 of the EC Treaty to State aid for employment (1), Commission Regulation (EC) No 70/2001 of 12 January 2001 on the application of Articles 87 and 88 of the EC Treaty to State aid for small and medium-sized enterprises (2) and Commission Regulation (EC) No 68/2001 of 12 January 2001 on the application of Articles 87 and 88 of the EC Treaty to training aid (3) has been extended by Commission Regulation (EC) No. 1976/2006 of 20 December 2006 amending Regulations (EC) No 2204/2002, (EC) No 70/2001 and (EC) No 68/2001 as regards the extension of the periods of application (4) until 30 June 2008.

(2) In order to avoid unnecessary administrative work and to guarantee legal security it is appropriate to extend the validity of decisions of the Commission approving aid schemes notified on the basis of the exemption regulations being subject of this prolongation regulation,

HAS ADOPTED THIS DECISION:

Article 1

Without prejudice to the appropriate measures contained in the third indent of point 107 of the Guidelines on national regional aid for 2007–2013 of 4 March 2006 (5) and accepted by all Member States, the validity of the Decisions of the Commission approving State aid schemes on the basis of Regulations (EC) No 2204/2002, (EC) No 70/2001 or (EC) No 68/2001 before the entry into force of this Decision shall be extended until 30 June 2008.

Article 2

This decision is addressed to the Member States.

It shall be applicable from 1 January 2007.

Done at Brussels, 20 December 2006. For the Commission Neelie KROES Member of the Commission

(1) OJ L 337, 13.12.2002, p. 3. Regulation as amended by Regulation (EC) No 1040/2006 (OJ L 187, 8.7.2006, p. 8).

(2) OJ L 10, 13.1.2001, p. 33. Regulation as last amended by Regulation (EC) No 1040/2006.

(3) OJ L 10, 13.1.2001, p. 20. Regulation as last amended by Regulation (EC) No 1040/2006.

(4) OJ L 368, 23.12.2006, p. 85.

(5) OJ C 54, 4.3.2006, p. 13.
EN Official Journal of the European Union L 182/29

COUNCIL DECISION

of 10 July 2007

authorising Austria to conclude an agreement with Switzerland that includes provisions derogating from Article 2(1)(d) of Directive 2006/112/EC on the common system of value added tax

(2007/485/EC)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community,

Having regard to the Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax (1), and in particular Article 396 thereof,

Having regard to the proposal from the Commission,

Whereas:

(1) Under Article 396(1) of Directive 2006/112/EC, the Council, acting unanimously on a proposal of the Commission, may authorise any Member State to conclude with a third country an agreement which may contain derogations from that Directive.

(2) By letter registered with the Secretariat-General of the Commission on 13 September 2005, Austria requested authorisation to conclude an agreement with Switzerland in relation to a cross-border power plant across the river Inn between Prutz (Austria) and Tschlin (Switzerland).

(3) In accordance with Article 396(2) of Directive 2006/112/EC, the Commission informed the other Member States by letter dated 1 March 2007 of the request made by Austria. By letter dated 6 March 2007, the Commission notified Austria that it had all the information it deemed necessary to consider the request.

(4) The agreement is to contain provisions on value added tax (VAT) derogating from Article 2(1)(d) of Directive 2006/112/EC in respect of goods imported into Austria in relation to the cross-border power plant. These imports of goods from Switzerland into Austria by taxable persons with a full right of deduction will not be subject to VAT in order to obtain a similar arrangement from Switzerland for goods imported from Austria into Switzerland.

(5) The derogation will therefore not have an adverse effect on the European Communities’ own resources accruing from VAT,

HAS ADOPTED THIS DECISION:

Article 1

Austria is hereby authorised to conclude an Agreement with Switzerland that includes provisions derogating from the Directive 2006/112/EC covering the construction, maintenance, renewal and operation of a frontier power plant station across the river Inn between Prutz (Austria) and Tschlin (Switzerland).

The derogating VAT provisions in respect of the Agreement are set out in Article 2.

Article 2

By way of derogation from Article 2(1)(d) of Directive 2006/112/EC, goods imported by taxable persons with a full right of deduction from Switzerland into Austria shall not be subject to VAT, provided they are used for the construction, maintenance, renewal and operation of the frontier power plant referred to in Article 1.

Article 3

This Decision is addressed to the Republic of Austria.

Done at Brussels, 10 July 2007. For the Council The President F. TEIXEIRA DOS SANTOS

(1) OJ L 347, 11.12.2006, p. 1. Directive as amended by Directive 2006/138/EC (OJ L 384, 29.12.2006, p. 92).