ddrg/super_eurlex huggingface dataset:
EN Official Journal of the European Union L 183/86

COMMISSION DECISION

of 17 May 2004

repealing Commission Decision No 303/96/ECSC accepting an undertaking offered in connection with imports into the Community of certain grain-oriented electrical sheets originating in Russia

(2004/497/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 384/96 of 22 December 1995 on protection against dumped imports from countries not members of the European Community (1) (‘the basic Regulation’), and in particular Articles 8 and 9 thereof,

After consulting the Advisory Committee,

Whereas:

HAS ADOPTED THIS DECISION:

Article 1

Article 2 of Decision No 303/96/ECSC is hereby repealed.

Article 2

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

Done at Brussels, 17 May 2004. For the Commission Pascal LAMY Member of the Commission

(1) OJ L 56, 6.3.1996, p. 1. Regulation as last amended by Regulation (EC) No 461/2004 (OJ L 77, 13.3.2004, p. 12).

(2) OJ L 42, 20.2.1996, p. 7.

(3) OJ L 308, 29.11.1996, p. 11. Decision as last amended by Decision No 435/2001/ECSC (OJ L 63, 3.3.2001, p. 14).

(4) OJ C 53, 20.2.2001, p. 13.

(5) OJ L 149, 7.6.2002, p. 3. Regulation as amended by Regulation (EC) No 1310/2002 (OJ L 192, 20.7.2002, p. 9).

(6) OJ C 186, 6.8.2002, p. 15.

(7) OJ C 242, 8.10.2002, p. 16.

(8) OJ L 25, 31.1.2003, p. 7.

(9) OJ L 182, 19.5.2004, p. 5.
Commission Decision

of 29 December 2003

providing for the initiation of an investigation pursuant to Article 27(2) of Council Regulation (EC) No 2501/2001 with respect to the violation of freedom of association in Belarus

(2004/23/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 2501/2001 of 10 December 2001 applying a scheme of generalised tariff preferences for the period from 1 January 2002 to 31 December 2004(1), as last amended by Commission Regulation (EC) No 1686/2003(2), and in particular Article 27(2) thereof,

Whereas:

(1) The Commission has received information on alleged violations of freedom of association in Belarus. The information was jointly supplied by the International Confederation of Free Trade Unions (ICFTU), the European Trade Union Confederation (ETUC) and the World Confederation of Labour (WCL).

(2) Article 26(1)(b) provides for the temporary withdrawal of tariff preferences, in respect of all or of certain products, originating in a beneficiary country for "serious and systematic violation of the freedom of association, the right to collective bargaining or the principle of non-discrimination in respect of employment and occupation, or use of child labour, as defined in the relevant ILO Conventions".

(3) The Commission has examined the submitted information pertaining to alleged violations of freedom of association in Belarus. The alleged violations relate to restrictions upon the right of workers and employers to establish organisations of their own choosing without interference by the public authorities, interference by the public authorities in trade union elections, limitation of trade union activities and repression of trade union leaders and activists, as defined in the Freedom of Association and Protection of the Right to Organise Convention No 87 and the Right to Organise and Collective Bargaining Convention No 98 of the International Labour Organisation. The Commission considers that there are sufficient grounds for an investigation.

(4) The measures provided for in this Decision are in accordance with the opinion of the Generalised Preferences Committee,

HAS DECIDED AS FOLLOWS:

Sole Article

The Commission shall initiate an investigation into alleged violations of freedom of association in Belarus.

Done at Brussels, 29 December 2003.

For the Commission

Pascal Lamy

Member of the Commission

(1) OJ L 346, 31.12.2001, p. 1.

(2) OJ L 240, 26.9.2003, p. 8.
(3)

The Cypriot authorities have undertaken to improve the reliability of this database ensuring in particular that (i) additional measures, including inspections, shall be implemented to improve the observation of the five working days deadline for notification by the keeper of births, deaths and movements, in particular onto farms, (ii) additional measures shall be implemented to allow rapid correction of errors or omissions detected automatically or during on-the-spot inspections, (iii) additional plausibility tests shall be implemented to ensure the quality of the information in the database, in particular on births, (iv) the event database shall be re-enforced to ensure the quality of the information concerning the application of replacement eartags, (v) measures shall be implemented to ensure that controls on identification and registration of bovine animals are carried out in accordance with Commission Regulation (EC) No 1082/2003 (2).
EN Official Journal of the European Union C 174/1

COUNCIL DECISION

of 28 June 2004

appointing a member of the Boards of Appeal of the Office for Harmonization in the Internal Market (Trade Marks and Designs)

(2004/C 174/01)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark (1), and in particular Articles 120 and 131 thereof,

Having regard to the candidatures presented by the Administrative Board of the Office for Harmonization in the Internal Market (Trade Marks and Designs) on 26 April 2004,

HAS DECIDED AS FOLLOWS:

Article 1

Ms Ilse MAYER, born in Gmünd (Austria) on 19 October 1955, is hereby appointed member of the Boards of Appeal of the Office for Harmonization in the Internal Market (Trade Marks and Designs) for a period of five years.

Article 2

The date on which the five-year period referred to in Article 1 will commence shall be determined by the Administrative Board of the Office for Harmonization in the Internal Market (Trade Marks and Designs).

Done at Luxembourg, 28 June 2004. For the Council The President M. CULLEN

(1) OJ L 11, 14.1.1994, p. 1. Regulation as last amended by Regulation (EC) No 422/2004 (OJ L 70, 9.3.2004, p. 1).
EN Official Journal of the European Union L 324/22

POLITICAL AND SECURITY COMMITTEE DECISION BiH/2/2004

of 24 September 2004

on the appointment of an EU Operation Commander for the European Union military operation in Bosnia and Herzegovina

(2004/733/CFSP)

THE POLITICAL AND SECURITY COMMITTEE,

Having regard to the Treaty on European Union, and in particular Article 25(3) thereof,

Having regard to the Council Joint Action 2004/570/CFSP of 12 July 2004 on the European Union military operation in Bosnia and Herzegovina (1), and in particular Article 6 thereof,

Whereas:

(1) Under Article 2 of Joint Action 2004/570/CFSP, Deputy Supreme Allied Commander for Europe (DSACEUR), Admiral Rainer FEIST, was appointed EU Operation Commander for the European Union military operation in Bosnia and Herzegovina.

(2) NATO has decided to appoint General Sir John REITH as Deputy Supreme Allied Commander for Europe (DSACEUR) to replace Admiral Rainer FEIST. The assignment of General Sir John REITH will begin on 30 September 2004.

(3) Under Article 6 of Joint Action 2004/570/CFSP the Council authorises the Political and Security Committee (PSC) to take further decisions on the appointment of the EU Operation Commander.

(4) In conformity with Article 6 of the Protocol on the position of Denmark annexed to the Treaty on European Union and to the Treaty establishing the European Community, Denmark does not participate in the elaboration and implementation of decisions and actions of the European Union which have defence implications.

(5) The Copenhagen European Council adopted on 12 and 13 December 2002 a Declaration stating that the ‘Berlin plus’ arrangements and the implementation thereof will apply only to those EU Member States which are also either NATO members or parties to the ‘Partnership for Peace’, and which have consequently concluded bilateral security agreements with NATO,

HAS DECIDED AS FOLLOWS:

Article 1

General Sir John REITH is hereby appointed EU Operation Commander for the European Union military operation in Bosnia and Herzegovina.

Article 2

This Decision shall enter into force on 30 September 2004.

Done at Brussels, 24 September 2004. For the Political and Security Committee The Chairperson A. HAMER

(1) OJ L 252, 28.7.2004, p. 10.
EN Official Journal of the European Union L 342/28

COMMISSION DECISION

of 9 November 2004

declaring operational the Regional Advisory Council for the North Sea under the common fisheries policy

(2004/774/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

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

Having regard to the recommendation transmitted by the United Kingdom on 10 September 2004 on behalf of Belgium, Denmark, Germany, Spain, France, the Netherlands, Sweden and the United Kingdom,

Whereas:

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

(2) Article 2 of Decision 2004/585/EC establishes a Regional Advisory Council to cover the North Sea (ICES areas IV and IIIa).

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

(4) As required by Article 3(2) of Decision 2004/585/EC, the Member States concerned determined whether the application concerning the Regional Advisory Council for the North Sea was in conformity with the provisions laid down in that Decision. On 10 September 2004, the Member States concerned transmitted a recommendation on that Regional Advisory Council to the Commission.

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

HAS DECIDED AS FOLLOWS:

Sole Article

The North Sea Regional Advisory Council, established by Decision 2004/585/EC, shall be operational as from 1 November 2004.

Done at Brussels, 9 November 2004. For the Commission António VITORINO Member of the Commission

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

(2) OJ L 358, 31.12.2002, p. 59.
EN Official Journal of the European Union C 12/14

COUNCIL DECISION

of 21 October 2004

appointing Spanish members and alternate members of the Advisory Committee on Social Security for Migrant Workers

(2005/C 12/04)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to Council Regulation (EEC) No 1408/71 of 14 June 1971 on the application of social security schemes to employed persons, to self-employed persons and to members of their families moving within the Community (1), and in particular Article 82 thereof,

Having regard to the lists of candidates submitted to the Council by the Governments of the Member States,

Whereas:

(1) By its Decision of 4 October 2004 (2) the Council appointed the members and alternate members of the Advisory Committee on Social Security for Migrant Workers for the period 23 September 2004 to 22 September 2006, with the exception of the Spanish members and alternate members;

(2) The Spanish Government has submitted the candidates for the seats to be filled,

HAS DECIDED AS FOLLOWS:

Sole Article

The following are hereby appointed members and alternate members of the Advisory Committee on Social Security for Migrant Workers for the term of office expiring on 22 September 2006:

I. GOVERNMENT REPRESENTATIVES

Members Alternates Mr Carlos GARCIA DE CORTAZAR NEBREDA Ms Marta VIVES CABALLERO Ms Concepción HERRERA FERNÁNDEZ

II. TRADE UNION REPRESENTATIVES

Members Alternates Mr Julio RUIZ RUIZ Ms Ana Maria CORRAL JUAN Ms Ma Pilar ROC ALFARO

III. REPRESENTATIVES OF EMPLOYERS' ORGANISATIONS

Members Alternates Ms Pilar IGLESIAS VALCARCE Mr Pablo GÓMEZ ALBO Mr Roberto SUÁREZ SANTOS

Done at Luxembourg, 21 October 2004 For the Council The President G. ZALM

(1) OJ L 149, 5.7.1971, p. 2. Regulation last amended by Regulation (EEC) No 1945/93 (OJ L 181, 23.7.1993, p. 1).

(2) Decision not yet published in the OJ.
EN Official Journal of the European Union L 25/73

COMMISSION DECISION

of 24 January 2005

amending Annex II to Directive 2000/53/EC of the European Parliament and of the Council on end-of life vehicles

(notified under document number C(2004) 2735)

(Text with EEA relevance)

(2005/63/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Directive 2000/53/EC of the European Parliament and of the Council of 18 September 2000 on end-of life vehicles (1), and in particular Article 4(2)(a) thereof,

Whereas:

(1) Article 4(2)(a) of Directive 2000/53/EC prohibits the use of lead, mercury, cadmium or hexavalent chromium in materials and components of vehicles put on the market after 1 July 2003, other than in cases listed in Annex II to that Directive, under the conditions specified therein.

(2) As product reuse, refurbishment and extension of life-time are beneficial, spare parts need to be available for the repair of vehicles which were already put on the market on 1 July 2003. The use of lead, mercury, cadmium or hexavalent chromium in spare parts put on the market after 1 July 2003 for the repair of such vehicles should thus be tolerated.

(3) Directive 2000/53/EC should therefore be amended accordingly.

(4) The measures provided for in this Decision are in accordance with the opinion of the Committee established by Article 18 of Council Directive 75/442/EEC (2),

HAS ADOPTED THIS DECISION:

Article 1

In Annex II to Directive 2000/53/EC the fifth indent of the ‘Notes’ is replaced by the following:

‘— spare parts put on the market after 1 July 2003 which are used for vehicles put on the market before 1 July 2003 are exempted from the provisions of Article 4(2)(a) (3).’

Article 2

This Decision is addressed to the Member States.

Done at Brussels, 24 January 2005. For the Commission Stavros DIMAS Member of the Commission

(1) OJ L 269, 21.10.2000, p. 34. Directive as amended by Commission Decision 2002/525/EC (OJ L 170, 29.6.2002, p. 81).

(2) OJ L 194, 25.7.1975, p. 39. Directive as last amended by Regulation (EC) No 1882/2003 of the European Parliament and of the Council (OJ L 284, 31.10.2003, p. 1).

(3) This clause does not apply to wheel balance weights, carbon brushes for electric motors and brake linings as these components are covered by specific entries.
EN Official Journal of the European Union L 43/28

COMMISSION DECISION

of 11 February 2005

fixing for the year 2005 an indicative allocation between the Member States of the financing under the Community Tobacco Fund of the measures referred to in Articles 13 and 14 of Regulation (EC) No 2182/2002

(notified under document number C(2005) 331)

(2005/129/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EEC) No 2075/92 of 30 June 1992 on the common organisation of the market in raw tobacco (1), and in particular Article 14a thereof,

Whereas:

(1) Articles 13 and 14 of Commission Regulation (EC) No 2182/2002 of 6 December 2002 laying down detailed rules for the application of Council Regulation (EEC) No 2075/92 with regard to the Community Tobacco Fund (2) provide for measures to promote a switch of tobacco production. Those measures are to be financed by the Community Tobacco Fund set up by Article 13 of Regulation (EEC) No 2075/92.

(2) The total amount available to the Community Tobacco Fund for 2005 is EUR 28,8 million, 50 % of which should be used to finance specific measures to help tobacco growers to switch to other crops or to other economic activities that create employment, and to fund related studies.

(3) It is therefore necessary to fix an indicative allocation of the available amount between the Member States concerned in accordance with Article 17(2) of Regulation (EC) No 2182/2002.

(4) The measures provided for in this Decision are in accordance with the opinion of the Management Committee for Tobacco,

HAS ADOPTED THIS DECISION:

Article 1

For the year 2005, the indicative allocation between the Member States of the financing under the Community Tobacco Fund of the measures referred to in Articles 13 and 14 of Regulation (EC) No 2182/2002 shall be as set out in the Annex.

Article 2

This Decision is addressed to the Member States.

Done at Brussels, 11 February 2005. For the Commission Mariann FISCHER BOEL Member of the Commission

(1) OJ L 215, 30.7.1992, p. 70. Regulation last amended by Regulation (EC) No 2319/2003 (OJ L 345, 31.12.2003, p. 17).

(2) OJ L 331, 7.12.2002, p. 16. Regulation amended by Regulation (EC) No 480/2004 (OJ L 78, 16.3.2004, p. 8).
EN Official Journal of the European Union L 72/43

COMMISSION DECISION

of 15 March 2005

repealing Decision 2002/626/EC approving the plan submitted by France for the eradication of classical swine fever from feral pigs in Moselle and Meurthe-et-Moselle

(notified under document number C(2005) 595)

(Only the French text is authentic)

(Text with EEA relevance)

(2005/235/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Directive 2001/89/EC of 23 October 2001 on Community measures for the control of classical swine fever (1), and in particular Article 16(1), thereof,

Whereas:

(1) In April 2002 classical swine fever was confirmed in the feral pig population in the department of Moselle in France.

(2) By Commission Decision 2002/626/EC (2), the plan presented by France for the eradication of that disease in the department Moselle and the bordering department Meurthe-et-Moselle was approved.

(3) France has submitted information indicating that classical swine fever in the feral pig population has been successfully eradicated in the department of Moselle and that the approved eradication plan does not need to be applied anymore.

(4) It is therefore appropriate to repeal Decision 2002/626/EC.

(5) The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,

HAS ADOPTED THIS DECISION:

Article 1

Decision 2002/626/EC is repealed.

Article 2

This Decision is addressed to the French Republic.

Done at Brussels, 15 March 2005. For the Commission Markos KYPRIANOU Member of the Commission

(1) OJ L 316, 1.12.2001, p. 5. Directive as amended by the 2003 Act of Accession.

(2) OJ L 200, 30.7.2002, p. 37.
EN Official Journal of the European Union L 104/33

COUNCIL DECISION

of 14 April 2005

concluding consultations with the Republic of Guinea under Article 96 of the Cotonou Agreement

(2005/321/EC)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community,

Having regard to the ACP-EC Partnership Agreement signed in Cotonou on 23 June 2000 (1), and in particular, Article 96 thereof,

Having regard to the Internal Agreement on measures to be taken and procedures to be followed for the implementation of the ACP-EC Partnership Agreement (2) and in particular Article 3 thereof,

Having regard to the proposal from the Commission,

Whereas:

(1) The essential elements referred to in Article 9 of the Cotonou Agreement have been violated.

(2) On 20 July 2004, pursuant to Article 96 of the Cotonou Agreement, consultations started with the ACP countries and the Republic of Guinea. On that occasion the Guinean authorities gave specific undertakings designed to remedy problems identified by the European Union and to implement them during a period of intensive dialogue lasting three months.

(3) At the end of this period some substantive initiatives had been taken in respect of some of the undertakings referred to above and some undertakings had been met; nevertheless several important measures concerning essential elements of the Cotonou Agreement have not yet been taken,

HAS DECIDED AS FOLLOWS:

Article 1

Consultations with the Republic of Guinea pursuant to Article 96 of the Cotonou Agreement are hereby concluded.

Article 2

The measures specified in the annexed letter are hereby adopted as appropriate measures within the meaning of Article 96(2)(c) of the Cotonou Agreement.

Article 3

This Decision shall enter into force on the day it is adopted. It shall be published in the Official Journal of the European Union.

This Decision shall expire on 14 April 2008. It shall be reviewed regularly at least every six months.

Done at Luxembourg, 14 April 2005. For the Council The President L. FRIEDEN

(1) OJ L 317, 15.12.2000, p. 3.

(2) OJ L 317, 15.12.2000, p. 376.
EN Official Journal of the European Union L 121/87

COMMISSION DECISION

of 11 May 2005

amending Decision 90/255/EEC as regards the entry of male sheep and goats into an annex to the flock-book

(notified under document number C(2005) 1409)

(Text with EEA relevance)

(2005/375/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Directive 89/361/EEC of 30 May 1989 concerning pure-bred breeding sheep and goats (1), and in particular the second indent of Article 4 thereof,

Whereas:

(1) Commission Decision 90/255/EEC of 10 May 1990 laying down the criteria governing entry in flock-books for pure-bred breeding sheep and goats (2), provides that breeders’ associations and organisations may decide to enter males of certain breeds, which are specified in a closed list, in an annex to the flock-book.

(2) That list has been found to be impractical and inflexible and should be replaced by a flexible procedure under which breeding organisations can opt for the use of the necessary genetic resources within the framework of a clear defined and supervised breeding programme.

(3) It is in the interest of protection of animal genetic resources to allow approved breeders’ organisations or associations to establish, in appropriate cases, annexes to their flock-books for males which do not fulfil the criteria for entry in the main section but are valuable for the preservation of the breed.

(4) The rules on entering certain males into an annex to the flock-book and allowing progeny of such males to enter the main section of the flock-book should be sufficiently stringent and non-discriminatory; to this end, they should be submitted for prior approval to the competent authority referred to in Commission Decision 90/254/EEC of 10 May 1990 laying down the criteria for approval of breeders’ organisations and associations which establish or maintain flock-books for pure-bred breeding sheep and goats (3).

(5) The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on Zootechnics,

HAS ADOPTED THIS DECISION:

Article 1

The Annex to Decision 90/255/EEC is replaced by the Annex to this Decision.

Article 2

This Decision is addressed to the Member States.

Done at Brussels, 11 May 2005. For the Commission Markos KYPRIANOU Member of the Commission

(1) OJ L 153, 6.6.1989, p. 30.

(2) OJ L 145, 8.6.1990, p. 32.

(3) OJ L 145, 8.6.1990, p. 30.