do-me/EUR-LEX huggingface dataset:
Council Recommendation of 10 February 2009 concerning the discharge to be given to the Commission in respect of the implementation of the operations of the European Development Fund (Ninth EDF) for the financial year 2007
Date: 2009-02-10
Institutions: Council of the European Union
Subjects: Community budget, European Commission, European Development Fund, budgetary discharge, implementation of the budget

11.2.2009

EN

Official Journal of the European Union

L 40/37

COUNCIL RECOMMENDATION

of 10 February 2009

concerning the discharge to be given to the Commission in respect of the implementation of the
operations of the European Development Fund (Ninth EDF) for the financial year 2007

(2009/114/EC)

THE COUNCIL OF THE EUROPEAN UNION,

Whereas:

Having regard to the Treaty
Community,

establishing the European

(1)

Having regard to the ACP-EC Partnership Agreement, signed in
Cotonou on 23 June 2000 (1) and amended by the Agreement
signed in Luxembourg on 25 June 2005 (2),

(2)

Pursuant to Article 32(3) of the Internal Agreement, the
discharge for the financial management of the Ninth EDF
is to be given to the Commission by the European
Parliament on the recommendation of the Council.

The overall
operations of
year 2007 has been satisfactory,

implementation by the Commission of the
financial

the Ninth EDF during the

HEREBY RECOMMENDS that the European Parliament give the
Commission a discharge in respect of the implementation of
the operations of the Ninth EDF for the financial year 2007.

Done at Brussels, 10 February 2009.

For the Council
The President

M. KALOUSEK

Having regard to the Internal Agreement on the financing and
administration of Community aid under the Financial Protocol
to ACP-EC Partnership Agreement (3), hereinafter referred to as
the ‘Internal Agreement’, setting up, amongst others, the Ninth
European Development Fund (Ninth EDF), and in particular
Article 32(3) thereof,

Having regard to the Financial Regulation of 27 March 2003
applicable to the Ninth European Development Fund (4), and in
particular Articles 96 to 103 thereof,

Having examined the revenue and expenditure account and the
balance sheet relating to the operations of the Ninth EDF as at
31 December 2007 and the Court of Auditors′
report
year 2007 together with the
concerning
Commission's replies (5),

financial

the

(1) OJ L 317, 15.12.2000, p. 3.
(2) OJ L 287, 28.10.2005, p. 4.
(3) OJ L 317, 15.12.2000, p. 355.
(4) OJ L 83, 1.4.2003, p. 1.
(5) OJ C 286, 10.11.2008, p. 273.
Case C-57/09: Reference for a preliminary ruling from the Bundesverwaltungsgericht (Germany) lodged on 10 February 2009 — Bundesrepublik Deutschland v B, Other party to the proceedings: Der Vertreter des Bundesinteresses beim Bundesverwaltungsgericht
Date: 2009-02-10
Institutions: Court of Justice
Subjects: Germany, fight against crime, fundamental rights, interpretation of the law, terrorism








C_2009129EN.01000301.xml










6.6.2009   


EN


Official Journal of the European Union


C 129/3





Reference for a preliminary ruling from the Bundesverwaltungsgericht (Germany) lodged on 10 February 2009 — Bundesrepublik Deutschland v B, Other party to the proceedings: Der Vertreter des Bundesinteresses beim Bundesverwaltungsgericht
(Case C-57/09)
2009/C 129/04
Language of the case: German

Referring court

Bundesverwaltungsgericht

Parties to the main proceedings


Applicant: Bundesrepublik Deutschland

Defendant: B

Other party to the proceedings: Der Vertreter des Bundesinteresses beim Bundesverwaltungsgericht

Questions referred







1.


Does it constitute a serious non-political crime or an act contrary to the purposes and principles of the United Nations within the meaning of Article 12(2)(b) and (c) of Council Directive 2004/83/EC of 29 April 2004 if the appellant was a member of an organisation which is included in the list of persons, groups and entities (1) annexed to the Council Common Position on the application of specific measures to combat terrorism and employs terrorist methods, and the appellant has actively supported that organisation’s armed struggle?










2.


If Question 1 is to be answered in the affirmative: does exclusion from recognition as a refugee under Article 12(2)(b) and (c) of Directive 2004/83/EC require that the appellant continue to constitute a danger?










3.


If Question 2 is to be answered in the negative: does exclusion from recognition as a refugee under Article 12(2)(b) and (c) of Directive 2004/83/EC require that a proportionality test be undertaken in relation to the individual case?










4.


If Question 3 is to be answered in the affirmative:






a)


Is it to be taken into account in considering proportionality that the appellant enjoys protection against deportation under Article 3 of the European Convention for the Protection of Human Rights and Fundamental Freedoms of 4 November 1950 or under national rules?










b)


Is exclusion disproportionate only in exceptional cases having particular characteristics?














5.


Is it compatible with the directive, for the purposes of Article 3 of Directive 2004/83/EC, if the appellant has a right to asylum under national constitutional law even if one of the exclusion criteria laid down in Article 12(2) of the directive is satisfied?






(1)  OJ L 304, p. 12.
Council Recommendation of 10 February 2009 concerning the discharge to be given to the Commission in respect of the implementation of the operations of the European Development Fund (Seventh EDF) for the financial year 2007
Date: 2009-02-10
Institutions: Council of the European Union
Subjects: Community budget, European Commission, European Development Fund, budgetary discharge, implementation of the budget

11.2.2009

EN

Official Journal of the European Union

L 40/35

RECOMMENDATIONS

COUNCIL

COUNCIL RECOMMENDATION

of 10 February 2009

concerning the discharge to be given to the Commission in respect of the implementation of the
operations of the European Development Fund (Seventh EDF) for the financial year 2007

(2009/112/EC)

THE COUNCIL OF THE EUROPEAN UNION,

Whereas:

Having regard to the Treaty
Community,

establishing the European

Having regard to the Fourth ACP-EEC Convention, signed at
Lomé on 15 December 1989 (1)
and amended by the
Agreement signed in Mauritius on 4 November 1995 (2),

(1)

(2)

Pursuant to Article 32(3) of the Internal Agreement, the
discharge for the financial management of the Seventh
EDF is to be given to the Commission by the European
Parliament on the recommendation of the Council.

The overall
operations of
year 2007 has been satisfactory,

implementation by the Commission of the
the Seventh EDF during the financial

HEREBY RECOMMENDS that the European Parliament give the
Commission a discharge in respect of the implementation of
the operations of the Seventh EDF for the financial year 2007.

Done at Brussels, 10 February 2009.

For the Council
The President

M. KALOUSEK

Having regard to Internal Agreement 91/401/EEC on the
financing and administration of Community aid under the
fourth ACP-EEC Convention (3), hereinafter referred to as the
the
Internal Agreement,
Seventh European Development Fund (Seventh EDF) and in
particular Article 32(3) thereof,

amongst

others,

setting

up,

Having regard to the Financial Regulation 91/491/EEC of
29 July 1991 applicable to development finance cooperation
under the Fourth ACP-EEC Convention (4), and in particular
Articles 69 to 77 thereof,

Having examined the revenue and expenditure account and the
balance sheet relating to the operations of the Seventh EDF as at
31 December 2007 and the Court of Auditors′
report
concerning the financial year 2007 together with the Commis­
sion's replies (5),

(1) OJ L 229, 17.8.1991, p. 3.
(2) OJ L 156, 29.5.1998, p. 3.
(3) OJ L 229, 17.8.1991, p. 288.
(4) OJ L 266, 21.9.1991, p. 1.
(5) OJ C 286, 10.11.2008, p. 273.
2009/123/EC: Council Decision of 10 February 2009 appointing a Portuguese alternate member of the Committee of the Regions
Date: 2009-02-10
Institutions: Council of the European Union
Subjects: European Committee of the Regions, Portugal, appointment of staff

13.2.2009

EN

Official Journal of the European Union

L 42/17

COUNCIL DECISION

of 10 February 2009

appointing a Portuguese alternate member of the Committee of the Regions

(2009/123/EC)

THE COUNCIL OF THE EUROPEAN UNION,

HAS DECIDED AS FOLLOWS:

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

establishing the European

Having regard to the proposal of the Portuguese Government,

Whereas:

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

the Committee of

the Regions for

Article 1

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

— Mr André Jorge DIONÍSIO BRADFORD, Secretário Regional da

Presidência, Ponta Delgada, Açores.

Article 2

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

Done at Brussels, 10 February 2009.

An alternate member’s seat on the Committee of the
Regions has become vacant following the expiry of the
mandate of Mr Vasco CORDEIRO,

For the Council
The President

M. KALOUSEK

(1)

(2)

(1) OJ L 56, 25.2.2006, p. 75.