ddrg/super_eurlex huggingface dataset:
EN Official Journal of the European Union L 182/26

COMMISSION DECISION

of 8 July 2005

amending Decision 2005/363/EC concerning animal health protection measures against African swine fever in Sardinia, Italy

(notified under document number C(2005) 2110)

(Text with EEA relevance)

(2005/494/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(4) 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(4) thereof,

Having regard to Council Directive 2002/99/EC of 16 December 2002 laying down animal health rules governing the production, processing, distribution and introduction of products of animal origin for human consumption (3), and particular Articles 4(3) thereof,

Whereas:

(1) Commission Decision 2005/363/EC of 2 May 2005 concerning animal health protection measures against African swine fever in Sardinia, Italy (4) was adopted in response to the presence of African swine fever in the province of Nuoro and part of the province of Sassari in Sardinia.

(2) Italy has informed the Commission about the recent evolution of that disease in the provinces of Sassari and Oristano of Sardinia.

(3) The areas of Sardinia as referred to in point (b)(i) of Article 5(2) of Decision 2005/363/EC that are excluded from the derogation foreseen in this Article that authorises the Italian authorities to dispatch pig meat under certain conditions should therefore be extended with the province of Oristano and the municipalities Calangianus, Sant’Antonio di Gallura, Telti of the province of Sassari.

(4) Decision 2005/363/EC should therefore be amended accordingly.

(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

Annex I to Decision 2005/363/EC is replaced by the Annex to this Decision.

Article 2

This Decision is addressed to the Member States.

Done at Brussels, 8 July 2005. 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 of the European Parliament and of the Council (OJ L 157, 30.4.2004, p. 33; corrected version in 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 18, 23.1.2003, p. 11.

(4) OJ L 118, 5.5.2005, p. 39.
EN Official Journal of the European Union L 50/7

COUNCIL DECISION

of 18 January 2005

concerning the conditions and arrangements governing the submission and processing of applications for appointment as a judge of the European Union Civil Service Tribunal

(2005/150/EC, Euratom)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community,

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

Having regard to the Protocol on the Statute of the Court of Justice, as amended by Council Decision 2004/752/EC, Euratom of 2 November 2004 establishing the European Union Civil Service Tribunal (1), and in particular Article 3(2) of Annex I thereto,

Having regard to the recommendation of the Court of Justice of 2 December 2004,

Whereas:

(1) Decision 2004/752/EC, Euratom established the European Union Civil Service Tribunal and amended the Protocol on the Statute of the Court of Justice.

(2) Article 3(2) of Annex I to the Protocol on the Statute of the Court of Justice provides that the Council is to determine the conditions and arrangements governing the submission and processing of applications for appointment as a judge of the European Union Civil Service Tribunal. This provision should be applied,

HAS DECIDED AS FOLLOWS:

Article 1

The conditions and arrangements governing the submission and processing of applications for appointment as a judge of the European Union Civil Service Tribunal shall be established as provided for in the Annex to this Decision.

Article 2

The Secretary-General of the Council shall be responsible for publishing and adequately circulating the notices of vacancy for posts as members of the European Union Civil Service Tribunal.

Article 3

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

Done at Brussels, 18 January 2005. For the Council The President J.-C. JUNCKER

(1) OJ L 333, 9.11.2004, p. 7.
EN Official Journal of the European Union L 99/15

COMMISSION DECISION

of 18 April 2005

on the extension of the limited recognition of ‘RINAVE — Registro Internacional Naval, SA’

(notified under document number C(2005) 1156)

(Only the Portuguese text is authentic)

(Text with EEA relevance)

(2005/311/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Directive 94/57/EC of 22 November 1994 on common rules and standards for ship inspection and survey organisations and for the relevant activities of maritime administrations (1), and in particular Article 4(3) thereof,

Having regard to the letters dated 25 March 2003 and 8 May 2003 from the Portuguese Authorities, requesting the extension of the limited recognition of ‘RINAVE — Registro Internacional Naval, SA’ (hereafter RINAVE) as per Article 4(2) and (3) of the abovementioned Directive, for unlimited time,

Whereas:

(1) The limited recognition under Article 4(3) of Directive 94/57/EC is a recognition granted to organisations (classification societies) which fulfil all criteria other than those set out under paragraphs 2 and 3 of the section ‘General’ of the Annex, but which is limited in time and scope in order for the organisation concerned to further gain experience.

(2) Commission Decision 2000/481/EC (2) recognised RINAVE on the basis of Article 4(3) for Portugal, for a period of three years.

(3) The Commission has verified that RINAVE meets all criteria of the Annex of the abovementioned Directive other than those set out under paragraphs 2 and 3 of the section ‘General’ of the Annex, including the new provisions referred to in Article 4(5).

(4) The assessment carried out by the Commission has furthermore revealed the organisation’s dependence on the technical rules of another recognised organisation.

(5) During the period 2000 to 2003, the safety and pollution prevention performance records of RINAVE as published by the Paris Memorandum of Understanding have consistently been of the highest level.

(6) The measures provided for in this Decision are in accordance with the opinion of the Committee set out in Article 7 of Directive 94/57/EC,

HAS ADOPTED THIS DECISION:

Article 1

The limited recognition of ‘RINAVE — Registro Internacional Naval, SA’ is extended pursuant to Article 4(3) of Directive 94/57/EC for a period of three years as from the date of adoption of this Decision.

Article 2

The effects of the extended recognition are limited to Portugal.

Article 3

This Decision is addressed to the Portuguese Republic.

Done at Brussels, 18 April 2005. For the Commission Jacques BARROT Vice-President

(1) OJ L 319, 12.12.1994, p. 20. Directive as last amended by Directive 2002/84/EC of the European Parliament and of the Council (OJ L 324, 29.11.2002, p. 53).

(2) OJ L 193, 29.7.2000, p. 91.
EN Official Journal of the European Union L 153/32

COUNCIL DECISION

of 30 May 2005

adjusting the allowances provided for in Decision 2003/479/EC concerning the rules applicable to national experts and military staff on secondment to the General Secretariat of the Council

(2005/442/EC)

THE COUNCIL OF THE EUROPEAN UNION,

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

Having regard to the Treaty establishing the European Community, and in particular Article 207(2) thereof,

Having regard to Decision 2003/479/EC (1), and in particular Article 15 thereof,

Whereas:

(1) Article 15(7) of Decision 2003/479/EC provides that the daily and monthly allowances shall be adjusted each year without retroactive effect on the basis of the adaptation of the basic salaries of Community officials in Brussels and Luxembourg.

(2) The last adjustment of those allowances was provided for in Decision 2004/240/EC and took effect on 1 April 2004.

(3) The Council, through Regulation (EC, Euratom) No 31/2005 of 20 December 2004 adjusting, with effect from 1 July 2004, the remuneration and pensions of officials and other servants of the European Communities and the correction coefficients applied thereto (2), provided for an adjustment of 0,7 % of the remuneration and pensions of Community officials,

HAS DECIDED AS FOLLOWS:

Article 1

1. In Article 15(1) of Decision 2003/479/EC EUR 27,96 and EUR 111,83 shall be replaced by EUR 28,16 and EUR 112,61 respectively.

2. In Article 15(2) the table shall be replaced by the following:

‘Distance between place of recruitment and place of secondment (km) Amount in euro 0-150 0 > 150 72,39 > 300 128,69 > 500 209,13 > 800 337,83 > 1 300 530,87 > 2 000 635,45’

3. In Article 15(4) the amount of EUR 27,96 shall be replaced by that of EUR 28,16.

Article 2

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

Done at Brussels, 30 May 2005. For the Council The President F. BODEN

(1) OJ L 160, 28.6.2003, p. 72. Decision as amended by Decision 2004/240/EC (OJ L 74, 12.3.2004, p. 17).

(2) OJ L 8, 12.1.2005, p. 1.
(12)

The Commission takes into account: (i) the nature of the infringement; (ii) its actual impact on the market when this can be measured, and (iii) the size of the relevant geographic market. (i) The armistice agreement is a horizontal agreement designed to restrict competition between undertakings holding large market shares. However, an agreement designed to bring wholesaler acquisition costs under control in the short term by putting an end to an acquisition war cannot be regarded as a clear infringement on a par with a price-fixing agreement. As far as the agreement establishing longer-term equilibrium between the two brewery groups’ distribution networks is concerned, any such agreement is akin to a market-sharing agreement. However, what is involved is not market sharing in the ‘conventional’ sense, since the agreement was intended mainly to prevent one group from dominating the market rather than to eliminate all competition between the groups or impede third parties. (ii) The agreement was not implemented and therefore did not have any impact on the market. (iii) Concerning the scope of the geographic market, the Commission takes into account the fact that the agreement covers the whole of mainland France, but that it was confined to the on-trade sector, which accounts for less than one third of the total sales volume in France.
(1)

On 30 April 2004, the Commission adopted a decision relating to a proceeding under Article 82 of the EC Treaty, imposing a fine of EUR 3 400 000 on the Antwerp shipping company Compagnie Maritime Belge SA (hereinafter CMB). In accordance with the provisions of Article 30 of Council Regulation (EC) No 1/2003 of 16 December 2002 on the implementation of the rules on competition laid down in Articles 81 and 82 of the Treaty (1), the Commission herewith publishes the name of the party and the main content of the decision, having regard to the legitimate interest of undertakings in the protection of their business interests. A non-confidential version of the full text of the decision can be found in the authentic languages of the case and in the Commission’s working languages on the website of the Directorate-General for Competition at http://europa.eu.int/comm/competition/index_en.html
(21)

As a first suitable proxy for the ‘complexity’ of the requirements of such large organisations, the Commission considered a net licence value of EUR 1 million to be appropriate. This value appeared to be an appropriate first indication that such bids are made for high-function solutions purchased by large and complex enterprises even though it does not mean that bids in individual cases below this value may not involve high-function FMS and HR solutions. However, for a licence of a value in excess of EUR 1 million it can be safely assumed that anyone winning a bid above this threshold for applications in the field of HR and FMS may be considered as a supplier of high-function FMS and HR solutions. The Commission further complemented this threshold by a delineation of large and complex enterprises as customers. The market investigation showed that thresholds of 10 000 employees or of revenues exceeding EUR 1 billion might be an appropriate proxy for a rough qualification of large and complex undertakings. The Commission concludes that the complementary set of proxies can be used for a first qualification of the bids to assess whether the bids are for high-function software for large and complex enterprises.
(65)

In this connection, however, it must be objected that Austria has not submitted any calculations that could have supported this assertion. The KPMG report of 17 June 2000, referred to in paragraph 13, puts at EUR 247 million the amount that would have to be covered by the Province of Burgenland in the event of BB’s insolvency. This is lower than the aggregate value of the two guarantees, although it should be pointed out that this figure was calculated before the second comprehensive audit of accounts receivable conducted in the second half of 2000 and, viewed from today’s perspective, should therefore be higher. It is, however, uncertain how Austria arrives at a figure of EUR 247 million. In its judgment in Hytasa (8), the European Court of Justice ruled that ‘a distinction must be drawn between the obligations which the State must assume as owner of the share capital of a company and its obligations as a public authority’. Since BB was set up as a limited company, the Province as owner of the shares in the company is liable for its debts only up to the amount of the liquidation value of its assets. In the aforementioned judgment, the Court of Justice states that ‘the obligations arising from the cost of redundancies, payment of unemployment benefits and aid for the restructuring of the industrial infrastructure must not be taken into consideration for the purpose of applying the private investor test’. It seems that Austria has made this distinction and that its calculations are also based on those costs that would be incurred by the Province on the basis of the statutory default liability. However, those costs bear no relationship to the role of the Province of Burgenland as owner of the shares of BB. Instead, they are the result of a special statutory requirement, namely the State default liability, that can never concern a private investor.
EN Official Journal of the European Union L 304/16

COUNCIL DECISION

of 14 November 2005

appointing a French member of the European Economic and Social Committee

(2005/810/EC, Euratom)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 259 thereof,

Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Article 167 thereof,

Having regard to Council Decision 2002/758/EC, Euratom of 17 September 2002 appointing the members of the European Economic and Social Committee for the period from 21 September 2002 to 20 September 2006 (1),

Whereas a member's seat on the abovementioned Committee has fallen vacant, following the resignation of Mr Claude CAMBUS, of which the Council was informed on 25 July 2005,

Having regard to the nomination submitted by the French Government,

Having obtained the opinion of the European Commission,

HAS DECIDED AS FOLLOWS:

Article 1

Mr Georges LIAROKAPIS is hereby appointed a member of the European Economic and Social Committee in place of Mr Claude CAMBUS for the remainder of his term of office, namely until 20 September 2006.

Article 2

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

It shall take effect on the date of its adoption.

Done at Brussels, 14 November 2005. For the Council The President T. JOWELL

(1) OJ L 253, 21.9.2002, p. 9.
EN Official Journal of the European Union L 322/19

COMMISSION DECISION

of 21 November 2005

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

(notified under document number C(2005) 4421)

(Only the Czech text is authentic)

(2005/872/EC, Euratom)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

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

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

Whereas:

(1) Pursuant to Article 28(3) of sixth Council Directive 77/388/EEC of 17 May 1977 on the harmonisation of the laws of the Member States relating to turnover taxes — Common system of value added tax: uniform basis of assessment (2), hereinafter called ‘the sixth Directive’, the Member States may continue to exempt or tax certain transactions; these transactions must be taken into account for the determination of the VAT resources base.

(2) For the application of the provisions in Article 28(3) of the sixth Directive, title 5, paragraph1 of Annex V (Taxation) to the Act of Accession of the Czech Republic to the European Communities (3) authorises the Czech Republic to exempt certain transactions listed in Annex F to the sixth Directive.

(3) The Czech Republic is unable to make a precise calculation of the VAT own resources base for transactions listed in Annex F, point 17, to the sixth Directive; such calculation is likely to involve an unjustified administrative burden in relation to the effect of these transactions on the Czech Republic’s total VAT resources base; the Czech Republic is able to make a calculation using approximate estimates for this category of transaction listed in Annex F to the sixth Directive; the Czech Republic should therefore be authorised to calculate the VAT base using approximate estimates in accordance with the second indent of Article 6(3) of Regulation (EEC, Euratom) No 1553/89.

(4) The Advisory Committee on Own Resources has approved the report recording the opinions of its members on this Decision,

HAS ADOPTED THIS DECISION:

Article 1

For the purpose of calculating the VAT own resources base from 1 May 2004, the Czech Republic is authorised to use approximate estimates in respect of the following category of transactions referred to in Annex F to the sixth Directive:

1. Passenger transport (Annex F, point 17).

Article 2

This Decision is addressed to the Czech Republic.

Done at Brussels, 21 November 2005. For the Commission Dalia GRYBAUSKAITĖ Member of the Commission

(1) OJ L 155, 7.6.1989, p. 9. Regulation as amended by Regulation (EC) No 807/2003 (OJ L 122, 16.5.2003, p. 36).

(2) OJ L 145, 13.6.1977, p. 1. Directive as last amended by Directive 2004/66/EC (OJ L 168, 1.5.2004, p. 35).

(3) OJ L 236, 23.9.2003, p. 803.
EN Official Journal of the European Union C 327/8

COUNCIL DECISION

of 12 December 2005

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

(2005/C 327/05)

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 candidates put forward by the Administrative Board of the Office for Harmonization in the Internal Market (Trade Marks and Designs) on 23 November 2005,

HAS DECIDED AS FOLLOWS:

Article 1

Mr Paul MAIER, born in Strasbourg (France) on 4 May 1958, is hereby appointed President 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 starts shall be determined by the Administrative Board of the Office for Harmonization in the Internal Market (Trade Marks and Designs).

Done at Brussels, 12 December 2005 For the Council The President J. STRAW

(1) OJ L 11, 14.1.1994, as last amended by Council Regulation (EC) No 422/2004 (OJ L 70, 9.3.2004, p. 1).
EN Official Journal of the European Union L 203/22

COUNCIL DECISION

of 29 July 2005

appointing four members of the Management Board of the European Medicines Agency (EMEA)

(2005/594/EC)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community,

Having regard to Regulation (EC) No 726/2004 of the European Parliament and of the Council of 31 March 2004 laying down Community procedures for the authorisation and supervision of medicinal products for human and veterinary use and establishing a European Medicines Agency (1), and in particular Article 65(1) and Article 65(4) thereof,

Having regard to the list of candidates drawn up by the Commission on 25 February 2005,

Having regard to the opinion of the European Parliament,

HAS DECIDED AS FOLLOWS:

Article 1

Ms Mary Geraldine BAKER, born in London (United Kingdom) on 27 October 1936,

Mr Jean GEORGES, born in Esch-sur-Alzette (Luxembourg) on 11 July 1966,

Ms Lisette TIDDENS-ENGWIRDA, born in Amsterdam (Netherlands) on 25 June 1950 and

Mr Fritz Rupert UNGEMACH, born in Munich (Germany) on 6 February 1947,

shall be hereby appointed members of the Management Board of the European Medicines Agency (EMEA) for a period of three years.

Article 2

The date on which the three-year period referred to in Article 1 will commence shall be determined by the Management Board of the European Medicines Agency (EMEA).

Done at Brussels, 29 July 2005. For the Council The President J. STRAW

(1) OJ L 136, 30.4.2004, p. 1.
EN Official Journal of the European Union L 117/31

Corrigendum to Council Decision 2006/963/EC of 18 December 2006 concerning the conclusion of the Agreement in the form of an Exchange of Letters between the European Community and Brazil relating to the modification of concessions in the schedules 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 in the course of accession to the European Community

( Official Journal of the European Union L 397 of 30 December 2006 )

On page 10, the following articles shall be inserted:

‘Article 1a The Commission shall adopt the detailed rules for implementing the Agreement in the form of an Exchange of Letters in accordance with the procedure laid down in Article 1b(2) of this Decision. Article 1b 1. The Commission shall be assisted by the Management Committee for Cereals instituted by Article 25 of Regulation (EC) No 1784/2003 of 29 September 2003 on the common organisation of the market in cereals (1) or the relevant committee instituted by the corresponding Article of the Regulation for the common market organisation for the product concerned. 2. Where reference is made to this paragraph, Articles 4 and 7 of Decision 1999/468/EC (2) shall apply. The period laid down in Article 4(3) of Decision 1999/468/EC shall be set at one month.

(1) OJ L 270, 21.10.2003, p. 78. Regulation as amended by Commission Regulation (EC) No 1154/2005 (OJ L 187, 19.7.2005, p. 11).

(2) OJ L 184, 17.7.1999, p. 23.’