do-me/EUR-LEX huggingface dataset:
Safety on the Community's railways ***II European Parliament legislative resolution of 9 July 2008 on the Council common position for adopting a directive of the European Parliament and of the Council amending Directive 2004/49/EC on safety on the Community's railways (Railway Safety Directive) (16133/3/2007 — C6-0129/2008 — 2006/0272(COD))#P6_TC2-COD(2006)0272 Position of the European parliament adopted at second reading on 9 July 2008 with a view to the adoption of Directive 2008/…/EC of the European Parliament and of the Council amending Directive 2004/49/EC on safety on the Community's railways (Railway Safety Directive)
Date: 2008-07-09
Institutions: Committee on Transport and Tourism, European Parliament
Subjects: European Union Agency for Railways, European standard, codecision procedure, drafting of EU law, rail network, rail transport, resolution of parliament, technical regulations, trans-European network, transport safety








CE2009294EN.01012101.xml










3.12.2009   


EN


Official Journal of the European Union


CE 294/121





Wednesday 9 July 2008Safety on the Community's railways ***II
P6_TA(2008)0340
European Parliament legislative resolution of 9 July 2008 on the Council common position for adopting a directive of the European Parliament and of the Council amending Directive 2004/49/EC on safety on the Community's railways (Railway Safety Directive) (16133/3/2007 — C6-0129/2008 — 2006/0272(COD))
2009/C 294 E/41
(Codecision procedure: second reading)

The European Parliament,
having regard to the Council common position (16133/3/2007 — C6-0129/2008) (1),
having regard to its position at first reading (2) on the Commission proposal to Parliament and the Council (COM(2006)0784),
having regard to Article 251(2) of the EC Treaty,
having regard to Rule 62 of its Rules of Procedure,
having regard to the recommendation for second reading of the Committee on Transport and Tourism (A6-0223/2008),






1.


Approves the common position as amended;










2.


Instructs its President to forward its position to the Council and Commission.






(1)  OJ C 122 E, 20.5.2008, p. 10.

(2)  Texts adopted of 29.11.2007, P6_TA(2007)0557.


Wednesday 9 July 2008P6_TC2-COD(2006)0272
Position of the European parliament adopted at second reading on 9 July 2008 with a view to the adoption of Directive 2008/…/EC of the European Parliament and of the Council amending Directive 2004/49/EC on safety on the Community's railways (Railway Safety Directive)

(As an agreement was reached between Parliament and Council, Parliament's position at second reading corresponds to the final legislative act, Directive 2008/110/EC.)
Formation of political groups (amendment of Rule 29) European Parliament decision of 9 July 2008 on amendment of Rule 29 of Parliament's Rules of Procedure — Formation of political groups (2006/2201(REG))
Date: 2008-07-09
Institutions: Committee on Constitutional Affairs, European Parliament
Subjects: European Parliament, composition of parliament, institutional activity, political group








CE2009294EN.01009101.xml










3.12.2009   


EN


Official Journal of the European Union


CE 294/91





Wednesday 9 July 2008Formation of political groups (amendment of Rule 29)
P6_TA(2008)0351
European Parliament decision of 9 July 2008 on amendment of Rule 29 of Parliament's Rules of Procedure — Formation of political groups (2006/2201(REG))
2009/C 294 E/23

The European Parliament,
having regard to the proposal for amendment of its Rules of Procedure (B6-0420/2006),
having regard to Rules 201 and 202 of its Rules of Procedure,
having regard to the report of the Committee on Constitutional Affairs (A6-0206/2008),






1.


Decides to amend its Rules of Procedure as shown below;










2.


Decides that the amendment will enter into force on the first day of the first part-session following the European elections in the year 2009;










3.


Instructs its President to forward this decision to the Council and the Commission, for information.










PRESENT TEXT


AMENDMENTS





Amendment 3






Parliament's Rules of Procedure


Rule 29 — paragraph 2











2.


A political group shall comprise Members elected in at least 
one-fifth
 of the Member States. The minimum number of Members required to form a political group shall be 
20
.












2.


A political group shall comprise Members elected in at least 
one-quarter
 of the Member States. The minimum number of Members required to form a political group shall be 
25
.









Amendment 1






Parliament's Rules of Procedure


Rule 29 — paragraph 2a (new)





 










2a.





Where a group falls below the required threshold, the President, with the agreement of the Conference of Presidents, may allow it to continue to exist until Parliament's next constitutive sitting, provided the following conditions are met:







—




the members continue to represent at least one-fifth of the Member States;












—




the group has been in existence for a period longer than one year.








The President shall not apply this derogation where there is sufficient evidence to suspect that it is being abused.
Prior notification of a concentration (Case COMP/M.5204 — Vion/Grampian) Text with EEA relevance
Date: 2008-07-09
Institutions: European Commission
Subjects: economic concentration, exchange of information, meat product, merger control, production, sale

C 174/34

EN

Official Journal of the European Union

9.7.2008

Prior notification of a concentration

(Case COMP/M.5204 — Vion/Grampian)

(Text with EEA relevance)

(2008/C 174/06)

1.
On 25 June 2008, the Commission received a notification of a proposed concentration pursuant to
Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertaking VION NV (‘VION’,
The Netherlands) belonging to the VION Food group acquires within the meaning of Article 3(1)(b) of the
Council Regulation control of all operative subsidiaries of Grampian Country Food Group (Holdings)
Limited (‘Grampian’, United Kingdom) by way of purchase of shares.

2.

The business activities of the undertakings concerned are:

— for VION: production and sale of meat products, processing of abattoir by-products,

— for Grampian: production and sale of meat products.

On preliminary examination, the Commission finds that the notified transaction could fall within the

3.
scope of Regulation (EC) No 139/2004. However, the final decision on this point is reserved.

The Commission invites interested third parties to submit their possible observations on the proposed

4.
operation to the Commission.

Observations must reach the Commission not later than 10 days following the date of this publication.
Observations can be sent to the Commission by fax ((32-2) 296 43 01 or 296 72 44) or by post, under
reference number COMP/M.5204 — Vion/Grampian, to the following address:

European Commission
Directorate-General for Competition
Merger Registry
J-70
B-1049 Bruxelles/Brussel

(1) OJ L 24, 29.1.2004, p. 1.
Case T-58/07: Judgment of the Court of First Instance of 9 July 2008 — BYK v OHIM (Substance for Success) (Community trade mark — Application for the Community word mark Substance for Success — Absolute ground for refusal — Lack of distinctive character — Article 7(1)(b) of Regulation (EC) No 40/94)
Date: 2008-07-09
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), chemical product, trade-mark law

C 209/50

EN

Official Journal of the European Union

15.8.2008

3. Orders Mr Economidis and the Commission to bear their own costs
both in relation to the proceedings before the Civil Service Tribunal
and before this Court;

Judgment of the Court of First Instance of 8 July 2008 —
Lancôme v OHIM — CMS Hasche Sigle (COLOR EDITION)

4. Orders the European Parliament,

the European
Union and the Court of Auditors of the European Communities to
bear their own costs.

the Council of

(1) OJ C 95, 28.4.2007.

(Case T-160/07) (1)

(Community trade mark — Invalidity proceedings — Com-
munity word mark COLOR EDITION — Absolute ground for
refusal — Descriptive character — Article 7(1)(c) of Regu-
lation (EC) No 40/94 — Legal interest in bringing proceed-
ings — Article 55 of Regulation No 40/94)

(2008/C 209/88)

Language of the case: French

Judgment of the Court of First Instance of 9 July 2008 —
BYK v OHIM (Substance for Success)

(Case T-58/07) (1)

Parties

(Community trade mark — Application for the Community
word mark Substance for Success — Absolute ground for
refusal — Lack of distinctive character — Article 7(1)(b) of
Regulation (EC) No 40/94)

Applicant: Lancôme parfums et beauté & Cie SNC (Paris, France)
(represented by: E. Baud, lawyer)

(2008/C 209/87)

Language of the case: German

Defendant: Office for Harmonisation in the Internal Market
(Trade Marks
Folliard-
Monguiral, acting as Agent)

(represented by: A.

and Designs)

Parties

Other party to the proceedings before the Board of Appeal of OHIM:
CMS Hasche Sigle (Cologne, Germany)

Applicant: BYK-Chemie GmbH (Wesel, Germany)
by: J. Kroher and E. Hettenkofer, lawyers)

(represented

Re:

Defendant: Office for Harmonisation in the Internal Market
(Trade Marks and Designs) (represented by: G. Schneider, acting
as Agent)

Re:

Action brought against the decision of the Fourth Board of
Appeal of OHIM of 9 January 2007 (Case R 816/2006-4)
the word sign
concerning an application for registration of
Substance for Success as a Community trade mark

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders BYK-Chemie GmbH to pay the costs.

Action brought against the decision of the Second Board of
Appeal of OHIM of 26 February 2007 (Case R 231/2006-2)
concerning invalidity proceedings between CMS Hasche Sigle
and Lancôme parfums et beauté & Cie SNC

Operative part of the judgment

The Court:

1. dismisses the action;

2. orders Lancôme parfums et beauté & Cie SNC to bear its own costs
and to pay those incurred by the Office for Harmonisation in the
Internal Market (Trade Marks and Designs).

(1) OJ C 95, 28.4.2007.

(1) OJ C 140, 23.6.2007.
Commission Regulation (EC) No 650/2008 of 9 July 2008 establishing the standard import values for determining the entry price of certain fruit and vegetables
Date: 2008-07-09
Institutions: European Commission
Subjects: agri-monetary policy, citrus fruit, fruit vegetable, import price, pip fruit, stone fruit

10.7.2008

EN

Official Journal of the European Union

L 181/13

COMMISSION REGULATION (EC) No 650/2008

of 9 July 2008

establishing the standard import values for determining the entry price of certain fruit and
vegetables

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Whereas:

Having regard to the Treaty
Community,

establishing the European

Having regard to Council Regulation (EC) No 1234/2007 of
22 October 2007 establishing a common organisation of agri-
cultural markets and on specific provisions for certain agri-
cultural products (Single CMO Regulation) (1),

Regulation (EC) No 1580/2007 lays down, pursuant to the
outcome of the Uruguay Round multilateral trade negotiations,
the criteria whereby the Commission fixes the standard values
for imports from third countries, in respect of the products and
periods stipulated in Annex XV, Part A thereto,

HAS ADOPTED THIS REGULATION:

Article 1

Having regard to Commission Regulation (EC) No 1580/2007
of 21 December 2007 laying down implementing rules for
Council Regulations (EC) No 2200/96, (EC) No 2201/96 and
(EC) No 1182/2007 in the fruit and vegetable sector (2), and in
particular Article 138(1) thereof,

The standard import values referred to in Article 138 of Regu-
lation (EC) No 1580/2007 are fixed in the Annex hereto.

This Regulation shall enter into force on 10 July 2008.

Article 2

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 9 July 2008.

For the Commission

Jean-Luc DEMARTY
Director-General for Agriculture and
Rural Development

(1) OJ L 299, 16.11.2007, p. 1. Regulation as last amended by
Commission Regulation (EC) No 510/2008 (OJ L 149, 7.6.2008,
p. 61).

(2) OJ L 350, 31.12.2007, p. 1. Regulation as last amended by Regu-

lation (EC) No 590/2008 (OJ L 163, 24.6.2008, p. 24).

L 181/14

EN

Official Journal of the European Union

10.7.2008

Standard import values for determining the entry price of certain fruit and vegetables

ANNEX

CN code

0702 00 00

0707 00 05

0709 90 70

0805 50 10

0808 10 80

0808 20 50

0809 10 00

0809 20 95

0809 30

0809 40 05

Third country code (1)

Standard import value

(EUR/100 kg)

MA
MK
TR
ZZ

TR
ZZ

TR
ZZ

AR
US
UY
ZA
ZZ

AR
BR
CL
CN
NZ
US
UY
ZA
ZZ

AR
CL
CN
NZ
ZA
ZZ

TR
US
XS
ZZ

TR
US
ZZ

TR
ZZ

IL
ZZ

33,6
22,0
69,0
41,5

74,8
74,8

92,6
92,6

104,2
96,6
75,5
112,5
97,2

99,8
96,4
105,9
70,5
112,2
88,2
93,6
95,9
95,3

94,9
103,2
113,9
142,1
107,3
112,3

174,9
284,0
130,8
196,6

365,6
179,9
272,8

313,4
313,4

191,3
191,3

(1) Nomenclature of countries laid down by Commission Regulation (EC) No 1833/2006 (OJ L 354, 14.12.2006, p. 19). Code ‘ZZ’ stands

for ‘of other origin’.
Case T-480/07: Order of the Court of First Instance of 9 July 2008 — SIMSA v Commission
Date: 2008-07-09
Institutions: Court of First Instance
Subjects: European Commission, State aid, access to EU information, action for annulment (EU), document, law relating to information, packaging product

C 247/24

EN

Official Journal of the European Union

27.9.2008

Order of the Court of First Instance (First Chamber) of
26 June 2008 — Expasa v OHMI — Gallardo Blanco (H)

Order of the Court of First Instance of 9 July 2008 —
SIMSA v Commission

(Case T-172/06) (1)

(2008/C 247/48)

Language of the case: Spanish

The President of the Court of First Instance (First Chamber) has
ordered that the case be removed from the register.

(1) OJ C 190, 12.8.2006.

(Case T-480/07) (1)

(2008/C 247/49)

Language of the case: Italian

The President of the Court of First Instance (Fifth Chamber) has
ordered that the case be removed from the register.

(1) OJ C 64, 8.3.2008.
Opinion of the European Economic and Social Committee on the Proposal for a directive of the European Parliament and of the Council amending Directive 2006/66/EC of the European Parliament and the Council on batteries and accumulators and waste batteries and accumulators as regards Article 6(2) on placing batteries and accumulators on the market COM(2008) 211 — 2008/0081 (COD)
Date: 2008-07-09
Institutions: European Economic and Social Committee
Subjects: ESC opinion, electricity storage device, electronic waste, environmental protection, marketing, waste management, withdrawal from the market

3.2.2009

EN

Official Journal of the European Union

C 27/81

Opinion of the European Economic and Social Committee on the ‘Proposal for a directive of
the European Parliament and of the Council amending Directive 2006/66/EC of the European
Parliament and the Council on batteries and accumulators and waste batteries and accumulators as
regards Article 6(2) on placing batteries and accumulators on the market’

COM(2008) 211 — 2008/0081 (COD)

(2009/C 27/18)

On 22 May 2008 the Council decided to consult the European Economic and Social Committee, under
Article 95(1) and Article 251 of the Treaty establishing the European Community, on the

Proposal for a directive of the European Parliament and of the Council amending Directive 2006/66/EC of the
European Parliament and the Council on batteries and accumulators and waste batteries and accumulators as regards
Article 6(2) on placing batteries and accumulators on the market.

Since the Committee endorses the contents of the proposal and has already set out its views on the subject
its
in its earlier opinion 655/2004-2003/0282 COD, adopted on 28 April 2004 (*),
446th plenary session of 9 and 10 July (meeting of 9 July), by 138 votes to 1 with 3 abstentions, to issue
an opinion endorsing the proposed text and to refer to the position it had taken in the above-mentioned
document.

it decided, at

Brussels, 9 July 2008.

The President

of the European Economic and Social Committee

Dimitris DIMITRIADIS

(*) EESC opinion on the Proposal for a Directive of the European Parliament and of the Council on batteries and accumulators

and spent batteries and accumulators, OJ C 117 of 30.4.2004.
Amendment of Regulation (EC) No 881/2004 establishing a European Railway Agency ***II European Parliament legislative resolution of 9 July 2008 on the Council common position for adopting a regulation of the European Parliament and of the Council amending Regulation (EC) No 881/2004 establishing a European Railway Agency (Agency Regulation) (16138/3/2007 — C6-0131/2008 — 2006/0274(COD))#P6_TC2-COD(2006)0274 Position of the European Parliament adopted at second reading on 9 July 2008 with a view to the adoption of Regulation (EC) No …/2008 of the European Parliament and of the Council amending Regulation (EC) No 881/2004 establishing a European Railway Agency (Agency Regulation)
Date: 2008-07-09
Institutions: Committee on Transport and Tourism, European Parliament
Subjects: European Union Agency for Railways, codecision procedure, drafting of EU law, mutual recognition principle, rail transport, resolution of parliament, technical standard, trans-European network, transport safety, vehicle on rails








CE2009294EN.01012201.xml










3.12.2009   


EN


Official Journal of the European Union


CE 294/122





Wednesday 9 July 2008Amendment of Regulation (EC) No 881/2004 establishing a European Railway Agency ***II
P6_TA(2008)0341
European Parliament legislative resolution of 9 July 2008 on the Council common position for adopting a regulation of the European Parliament and of the Council amending Regulation (EC) No 881/2004 establishing a European Railway Agency (Agency Regulation) (16138/3/2007 — C6-0131/2008 — 2006/0274(COD))
2009/C 294 E/42
(Codecision procedure: second reading)

The European Parliament,
having regard to the Council common position (16138/3/2007 — C6-0131/2008) (1),
having regard to its position at first reading (2) on the Commission proposal to Parliament and the Council (COM(2006)0785),
having regard to Article 251(2) of the EC Treaty,
having regard to Rule 62 of its Rules of Procedure,
having regard to the recommendation for second reading of the Committee on Transport and Tourism (A6-0210/2008),






1.


Approves the common position as amended;










2.


Instructs its President to forward its position to the Council and the Commission.






(1)  OJ C 93 E, 15.4.2008, p. 1.

(2)  Texts adopted of 29.11.2007, P6_TA(2007)0558.


Wednesday 9 July 2008P6_TC2-COD(2006)0274
Position of the European Parliament adopted at second reading on 9 July 2008 with a view to the adoption of Regulation (EC) No …/2008 of the European Parliament and of the Council amending Regulation (EC) No 881/2004 establishing a European Railway Agency (Agency Regulation)

(As an agreement was reached between Parliament and Council, Parliament's position at second reading corresponds to the final legislative act, Regulation (EC) No 1335/2008.)
Rules for the operation of air services in the Community (recast) ***II European Parliament legislative resolution of 9 July 2008 on the Council common position for adopting a regulation of the European Parliament and of the Council on common rules for the operation of air services in the Community (recast) (16160/4/2007 — C6-0176/2008 — 2006/0130(COD))
Date: 2008-07-09
Institutions: Committee on Transport and Tourism, European Parliament
Subjects: air transport, codecision procedure, consolidation of EU law, drafting of EU law, resolution of parliament, transport regulations








CE2009294EN.01012301.xml










3.12.2009   


EN


Official Journal of the European Union


CE 294/123





Wednesday 9 July 2008Rules for the operation of air services in the Community (recast) ***II
P6_TA(2008)0342
European Parliament legislative resolution of 9 July 2008 on the Council common position for adopting a regulation of the European Parliament and of the Council on common rules for the operation of air services in the Community (recast) (16160/4/2007 — C6-0176/2008 — 2006/0130(COD))
2009/C 294 E/43
(Codecision procedure: second reading)

The European Parliament,
having regard to the Council common position (16160/4/2007 — C6-0176/2008) (1),
having regard to its position at first reading (2) on the Commission proposal to Parliament and the Council (COM(2006)0396),
having regard to Article 251(2) of the EC Treaty,
having regard to Rule 67 of its Rules of Procedure,
having regard to the recommendation for second reading of the Committee on Transport and Tourism (A6-0264/2008),






1.


Approves the common position;










2.


Notes that the act is adopted in accordance with the common position;










3.


Instructs its President to sign the act with the President of the Council pursuant to Article 254(1) of the EC Treaty;










4.


Instructs its Secretary-General to sign the act, once it has been verified that all the procedures have been duly completed, and, in agreement with the Secretary-General of the Council, to have it published in the Official Journal of the European Union;










5.


Instructs its President to forward its position to the Council and the Commission.






(1)  OJ C 129 E, 27.5.2008, p. 1.

(2)  Texts adopted of 11.7.2007, P6_TA(2007)0337.
Extending Regulation (EC) No 883/2004 to third country nationals otherwise excluded * European Parliament legislative resolution of 9 July 2008 on the proposal for a Council regulation extending the provisions of Regulation (EC) No 883/2004 and Regulation (EC) No […] to nationals of third countries who are not already covered by these provisions solely on the ground of their nationality (COM(2007)0439 — C6-0289/2007 — 2007/0152(CNS))
Date: 2008-07-09
Institutions: Committee on Employment and Social Affairs, European Parliament
Subjects: EU Member State, consultation procedure, drafting of EU law, foreign national, resolution of parliament, social-security benefit, social-security harmonisation








CE2009294EN.01025901.xml










3.12.2009   


EN


Official Journal of the European Union


CE 294/259





Wednesday 9 July 2008Extending Regulation (EC) No 883/2004 to third country nationals otherwise excluded *
P6_TA(2008)0350
European Parliament legislative resolution of 9 July 2008 on the proposal for a Council regulation extending the provisions of Regulation (EC) No 883/2004 and Regulation (EC) No […] to nationals of third countries who are not already covered by these provisions solely on the ground of their nationality (COM(2007)0439 — C6-0289/2007 — 2007/0152(CNS))
2009/C 294 E/51
(Consultation procedure)

The European Parliament,
having regard to the Commission proposal (COM(2007)0439),
having regard to Article 63(4) of the EC Treaty,
having regard to Article 67 of the EC Treaty, pursuant to which the Council consulted Parliament (C6-0289/2007),
having regard to Rule 51 of its Rules of Procedure,
having regard to the report of the Committee on Employment and Social Affairs (A6-0209/2008),






1.


Approves the Commission proposal as amended;










2.


Calls on the Commission to alter its proposal accordingly, pursuant to Article 250(2) of the EC Treaty;










3.


Calls on the Council to notify Parliament if it intends to depart from the text approved by Parliament;










4.


Calls on the Council to consult Parliament again if it intends to amend the Commission proposal substantially;










5.


Instructs its President to forward its position to the Council and the Commission.










TEXT PROPOSED BY THE COMMISSION


AMENDMENTS





Amendment 1






Proposal for a Regulation


Recital 3a (new)





 










(3a)






This Regulation respects the fundamental rights and observes the principles recognised, in particular, by the Charter of Fundamental Rights of the European Union, notably Article 34(2) thereof
.









Amendment 2






Proposal for a Regulation


Recital 6a (new)





 










(6a)





Promoting a high level of social protection and raising the standard of living and the quality of life in the Member States are objectives of the European Union.