do-me/EUR-LEX huggingface dataset:
2009/168/EC,Euratom: Council Decision of 26 February 2009 appointing a German member of the European Economic and Social Committee
Date: 2009-02-26
Institutions: Council of the European Union
Subjects: European Economic and Social Committee, Germany, appointment of members

L 56/16

EN

Official Journal of the European Union

28.2.2009

COUNCIL DECISION

of 26 February 2009

appointing a German member of the European Economic and Social Committee

(2009/168/EC, Euratom)

THE COUNCIL OF THE EUROPEAN UNION,

HAS DECIDED AS FOLLOWS:

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

establishing the European

Article 1

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

Having regard to Council Decision 2006/524/EC, Euratom of
11 July 2006 appointing Czech, German, Estonian, Spanish,
French, Italian, Latvian, Lithuanian, Luxembourgish, Hungarian,
Maltese, Austrian, Slovenian and Slovak members of
the
European Economic and Social Committee (1),

Mr Armin DUTTINÉ, Ver.di-Bundesvorstand — Leiter EU Verbin­
dungsbüro, is hereby appointed to the European Economic and
Social Committee for the remainder of the current term of
office, which runs until 20 September 2010.

Article 2

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

Having regard to the proposal of the German Government,

Done at Brussels, 26 February 2009.

Having regard to the opinion of the Commission,

Whereas a member’s seat on the European Economic and Social
Committee has become vacant following the resignation of Mr
Erhard OTT,

For the Council
The President

I. LANGER

(1) OJ L 207, 28.7.2006, p. 30.
Non-opposition to a notified concentration (Case COMP/M.5439 — OP Trust/Deutsche Bank London/Lloyds TSB Bank/BNP Paribas/Porterbrook Leasing) Text with EEA relevance
Date: 2009-02-26
Institutions: European Commission
Subjects: bank, banking, economic concentration, exchange of information, financial institution, investment, merger control, pension scheme

C 47/2

EN

Official Journal of the European Union

26.2.2009

Non-opposition to a notified concentration

(Case COMP/M.5439 — OP Trust/Deutsche Bank London/Lloyds TSB Bank/BNP Paribas/Porterbrook
Leasing)

(Text with EEA relevance)

(2009/C 47/03)

On 5 February 2009, the Commission decided not to oppose the above notified concentration and to
declare it compatible with the common market. This decision is based on Article 6(1)(b) of Council Regu-
lation (EC) No 139/2004. The full text of the decision is available only in English and will be made public
after it is cleared of any business secrets it may contain. It will be available:

— from the Europa competition website (http://ec.europa.eu/comm/competition/mergers/cases/). This
website provides various facilities to help locate individual merger decisions, including company, case
number, date and sectoral indexes,

— in electronic form on the EUR-Lex website under document number 32009M5439. EUR-Lex is the

on-line access to European law (http://eur-lex.europa.eu).
Council Common Position 2009/164/CFSP of 26 February 2009 renewing measures in support of the effective implementation of the mandate of the International Criminal Tribunal for the former Yugoslavia (ICTY)
Date: 2009-02-26
Institutions: Council of the European Union
Subjects: International Criminal Tribunal, Yugoslavia, economic sanctions, fight against crime, natural person, war crime

L 55/44

EN

Official Journal of the European Union

27.2.2009

III

(Acts adopted under the EU Treaty)

ACTS ADOPTED UNDER TITLE V OF THE EU TREATY

COUNCIL COMMON POSITION 2009/164/CFSP

of 26 February 2009

renewing measures in support of the effective implementation of the mandate of the International
Criminal Tribunal for the former Yugoslavia (ICTY)

THE COUNCIL OF THE EUROPEAN UNION,

HAS ADOPTED THIS COMMON POSITION:

Article 1

Having regard to the Treaty on European Union, and in
particular Article 15 thereof,

Common Position 2004/293/CFSP shall be extended until
16 March 2010.

Whereas:

(1)

(2)

On 30 March 2004,
the Council adopted Common
Position 2004/293/CFSP renewing measures in support
of the effective implementation of the mandate of the
International Criminal Tribunal for the former Yugoslavia
(ICTY) (1). These measures were
renewed again by
Common Position 2008/223/CFSP (2) until 16 March
2009.

The measures
Position
2004/293/CFSP should be renewed for a further period
of 12 months,

Common

imposed

by

Article 2

This Common Position shall
adoption.

take effect on the date of

its

Article 3

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

Done at Brussels, 26 February 2009.

For the Council
The President

I. LANGER

(1) OJ L 94, 31.3.2004, p. 65.
(2) OJ L 70, 14.3.2008, p. 22.
Opinion of the Advisory Committee on restrictive agreements and dominant positions given at its meeting of 14 September 2007 concerning a draft decision relating to Case COMP/39.168 — PO/Hard Haberdashery: Fasteners — Rapporteur: Sweden
Date: 2009-02-26
Institutions: Advisory Committee on Restrictive Practices and Dominant Positions
Subjects: European Commission, competition law, dominant position, exchange of information, haberdashery, metal product, plastics

26.2.2009

EN

Official Journal of the European Union

C 47/7

Opinion of the Advisory Committee on restrictive agreements and dominant positions given at its
meeting of 14 September 2007 concerning a draft decision relating to Case COMP/39.168 —
PO/Hard Haberdashery: Fasteners

Rapporteur: Sweden

(2009/C 47/07)

1. The members of the Advisory Committee agree with the Commission on the basic amounts of the fines

as regards the four single and continuous infringements in the European Community.

2. The members of the Advisory Committee agree with the Commission on the increase of the basic

amount of the fines to ensure sufficient deterrent effect.

3. The members of the Advisory Committee agree with the Commission as regards the amounts of reduc-
tion of the fines based on the 1996 Commission Notice on the non-imposition or reduction of fines in
cartel cases.

4. The members of the Advisory Committee agree with the Commission as regards the amounts of reduc-
tion of the fines based on the 2002 Commission Notice on immunity from fines and reduction of fines
in cartel cases.

5. The members of the Advisory Committee agree with the Commission on the decrease of the basic
for Coats Holdings Ltd and its German subsidiary Coats Deutschland GmbH as well as
amount
YKK Corporation Japan and its European subsidiary YKK Holding Europe B.V. due to an attenuating
circumstance in relation to the tripartite infringement in the sector of zip fasteners.

6. The members of the Advisory Committee agree with the Commission on the final amounts of the fines
for the four single and continuous infringements in the fasteners sector in the European Community.

7. The members of the Advisory Committee recommend the publication of its opinion in the Official

Journal of the European Union.
Commission Regulation (EC) No 161/2009 of 26 February 2009 establishing the standard import values for determining the entry price of certain fruit and vegetables
Date: 2009-02-26
Institutions: European Commission
Subjects: citrus fruit, common agricultural policy, fruit vegetable, import price, pip fruit

27.2.2009

EN

Official Journal of the European Union

L 55/9

COMMISSION REGULATION (EC) No 161/2009

of 26 February 2009

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 27 February 2009.

Article 2

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

Done at Brussels, 26 February 2009.

For the Commission

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

(1) OJ L 299, 16.11.2007, p. 1.
(2) OJ L 350, 31.12.2007, p. 1.

L 55/10

EN

Official Journal of the European Union

27.2.2009

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

0709 90 80

0805 10 20

0805 20 10

0805 20 30, 0805 20 50, 0805 20 70,
0805 20 90

0805 50 10

0808 10 80

0808 20 50

Third country code (1)

Standard import value

(EUR/100 kg)

MA
SN
TN
TR
ZZ

MA
MK
TR
ZZ

MA
TR
ZZ

EG
ZZ

EG
IL
MA
TN
TR
ZZ

IL
MA
TR
ZZ

IL
JM
MA
PK
TR
ZZ

EG
MA
TR
ZZ

CA
CN
MK
US
ZZ

AR
CL
CN
US
ZA
ZZ

60,0
127,1
111,3
85,4
96,0

102,4
143,3
163,9
136,5

59,9
62,9
61,4

102,8
102,8

43,7
49,2
51,8
45,8
60,4
50,2

144,7
87,4
71,0
101,0

105,6
95,1
138,6
51,7
64,9
91,2

52,8
55,8
61,8
56,8

89,6
94,6
25,7
108,6
79,6

97,1
73,7
44,7
106,6
114,0
87,2

(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 C-84/09: Reference for a preliminary ruling from the Regeringsrätten (Sweden) lodged on 26 February 2009 — X v Skatteverket
Date: 2009-02-26
Institutions: Court of Justice
Subjects: Community acquis, interpretation of the law, limitation of legal proceedings, tax exemption, tax system








C_2009090EN.01001902.xml










18.4.2009   


EN


Official Journal of the European Union


C 90/19





Reference for a preliminary ruling from the Regeringsrätten (Sweden) lodged on 26 February 2009 — X v Skatteverket
(Case C-84/09)
2009/C 90/30
Language of the case: Swedish

Referring court

Regeringsrätten

Parties to the main proceedings


Applicant: X

Defendant: Skatteverket

Questions referred







1.


Are Articles 138 and 20 of Council Directive [2006/112/EC] on the common system of value added tax (1) to be interpreted as meaning that the transport out of the territory of the State of origin must begin within a certain period of time for the sale to be exempt from tax and for there to be an intra-Community acquisition?










2.


Similarly, are those Articles to be interpreted as meaning that the transport must end in the country of destination within a certain period of time for the sale to be exempt from tax and for there to be an intra-Community acquisition?










3.


Would the answers to questions 1 and 2 be affected if that which is acquired is a new means of transport and the person acquiring the goods is an individual who intends ultimately to use the means of transport in a particular Member State?










4.


In connection with an intra-Community acquisition, at which time must the assessment be made as to whether a means of transport is new in accordance with Article 2(2)(b) of Council Directive [2006/112/EC] on the common system of value added tax?






(1)  Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax (OJ 2006 L 347, p. 1)
Euro exchange rates
Date: 2009-02-26
Institutions: European Commission
Subjects: euro, exchange rate

26.2.2009

EN

Official Journal of the European Union

C 47/3

IV

(Notices)

NOTICES FROM EUROPEAN UNION INSTITUTIONS AND
BODIES

COMMISSION

Euro exchange rates (1)

25 February 2009

(2009/C 47/04)

1 euro =

Currency

Exchange rate

Currency

Exchange rate

USD

JPY

DKK

GBP

SEK

CHF

ISK

NOK

BGN

CZK

EEK

HUF

LTL

LVL

PLN

RON

TRY

US dollar

Japanese yen

Danish krone

Pound sterling

Swedish krona

Swiss franc

Iceland króna

Norwegian krone

Bulgarian lev

Czech koruna

Estonian kroon

Hungarian forint

Lithuanian litas

Latvian lats

Polish zloty

Romanian leu

Turkish lira

1,2795

AUD Australian dollar

123,76

7,4495

0,88840

11,3060

CAD

HKD

NZD

SGD

Canadian dollar

Hong Kong dollar

New Zealand dollar

Singapore dollar

1,9685

1,5947

9,9210

2,4847

1,9534

1,4848

KRW South Korean won

1 938,03

8,7460

1,9558

28,350

ZAR

CNY

HRK

IDR

South African rand

Chinese yuan renminbi

Croatian kuna

Indonesian rupiah

15,6466

MYR Malaysian ringgit

299,63

3,4528

0,7093

4,6515

4,2823

2,1605

PHP

RUB

THB

BRL

Philippine peso

Russian rouble

Thai baht

Brazilian real

MXN Mexican peso

INR

Indian rupee

12,7223

8,7485

7,3924

15 385,99

4,6951

61,610

45,8005

45,774

3,0503

18,9687

63,7700

(1) Source: reference exchange rate published by the ECB.
Non-opposition to a notified concentration (Case COMP/M.5450 — Kühne/HGV/TUI/Hapag-Lloyd) Text with EEA relevance
Date: 2009-02-26
Institutions: European Commission
Subjects: carriage of passengers, economic concentration, exchange of information, freight rate, inland transport, insurance, maritime transport, merger control, property market, transport company

26.2.2009

EN

Official Journal of the European Union

C 47/1

II

(Information)

INFORMATION FROM EUROPEAN UNION INSTITUTIONS AND BODIES

COMMISSION

Non-opposition to a notified concentration

(Case COMP/M.5450 — Kühne/HGV/TUI/Hapag-Lloyd)

(Text with EEA relevance)

(2009/C 47/01)

On 6 February 2009, the Commission decided not to oppose the above notified concentration and to
declare it compatible with the common market. This decision is based on Article 6(1)(b) of Council Regu-
lation (EC) No 139/2004. The full text of the decision is available only in English and will be made public
after it is cleared of any business secrets it may contain. It will be available:

— from the Europa competition website (http://ec.europa.eu/comm/competition/mergers/cases/). This
website provides various facilities to help locate individual merger decisions, including company, case
number, date and sectoral indexes,

— in electronic form on the EUR-Lex website under document number 32009M5450. EUR-Lex is the

on-line access to European law (http://eur-lex.europa.eu).

Non-opposition to a notified concentration

(Case COMP/M.5424 — DOW/Rohm and Haas)

(Text with EEA relevance)

(2009/C 47/02)

On 8 January 2009, the Commission decided not to oppose the above notified concentration and to declare
it compatible with the common market. This decision is based on Article 6(1)(b) of Council Regulation (EC)
No 139/2004. The full text of the decision is available only in English and will be made public after it is
cleared of any business secrets it may contain. It will be available:

— from the Europa competition website (http://ec.europa.eu/comm/competition/mergers/cases/). This
website provides various facilities to help locate individual merger decisions, including company, case
number, date and sectoral indexes,

— in electronic form on the EUR-Lex website under document number 32009M5424. EUR-Lex is the

on-line access to European law (http://eur-lex.europa.eu).
Opinion of the Advisory Committee on restrictive practices and dominant positions given at its 431st meeting of 5 September 2007 regarding a draft decision relating to Case COMP/39.168 — PO/Hard Haberdashery: Fasteners — Rapporteur: Sweden
Date: 2009-02-26
Institutions: Advisory Committee on Restrictive Practices and Dominant Positions
Subjects: European Commission, advisory committee (EU), dominant position, exchange of information, haberdashery, metal product, plastics

C 47/4

EN

Official Journal of the European Union

26.2.2009

Opinion of the Advisory Committee on restrictive practices and dominant positions given at its
431st meeting of 5 September 2007 regarding a draft decision relating to Case COMP/39.168 —
PO/Hard Haberdashery: Fasteners

Rapporteur: Sweden

(2009/C 47/05)

1. The Advisory Committee agrees with the Commission's assessment of the product and the geographic

scope of the agreements and/or concerted practices contained in the draft decision.

2. The Advisory Committee agrees with the Commission that the addressees of the draft decision have
participated in agreements and/or concerted practices and/or decisions of associations of undertakings
within the meaning of Article 81(1) of the EC Treaty.

3. The Advisory Committee agrees with the Commission that the addressees of the draft decision have

participated in single and continuous infringements of Article 81(1) of the EC Treaty.

4. The Advisory Committee agrees with the Commission that the object and effect of the agreements
and/or concerted practices were to restrict competition within the meaning of Article 81(1) of the
EC Treaty.

5. The Advisory Committee agrees with the Commission that the agreements and/or concerted practices

have been capable of appreciably affecting trade between Member States of the EU.

6. The Advisory Committee agrees with the Commission on the gravity of the infringements.

7. The Advisory Committee agrees with the Commission on the duration of the infringements.

8. The Advisory Committee agrees with the Commission that there are no aggravating circumstances

applicable.

9. The Advisory Committee agrees with the Commission's assessment as regards the attenuating

circumstances.

10. The Advisory Committee agrees with the Commission on the application of the Leniency Notices.

11. The Advisory Committee recommends the publication of its opinion in the Official

Journal of

the

European Union.

12. The Advisory Committee asks the Commission to take into account other points raised during the

discussion.
Case C-354/08: Order of the President of the Court of 26 February 2009 — Commission of the European Communities v French Republic
Date: 2009-02-26
Institutions: Court of Justice
Subjects: European Commission, France, action for failure to fulfil an obligation, competition law, concessionaire, hydraulic energy, legislation, publication








C_2009113EN.01002904.xml










16.5.2009   


EN


Official Journal of the European Union


C 113/29





Order of the President of the Court of 26 February 2009 — Commission of the European Communities v French Republic
(Case C-354/08) (1)

2009/C 113/59

Language of the case: French

The President of the Court has ordered that the case be removed from the register.


(1)  OJ C 285, 8.11.2008.
2009/162/EC: Commission Decision of 26 February 2009 amending Decision 2005/51/EC as regards the period during which soil contaminated by pesticides or persistent organic pollutants may be introduced into the Community for decontamination purposes (notified under document number C(2009) 1174)
Date: 2009-02-26
Institutions: European Commission
Subjects: agricultural land, decontamination, import, organic pollution, pesticide, waste management

L 55/40

EN

Official Journal of the European Union

27.2.2009

COMMISSION

COMMISSION DECISION

of 26 February 2009

amending Decision 2005/51/EC as regards the period during which soil contaminated by pesticides
or persistent organic pollutants may be introduced into the Community for decontamination
purposes

(notified under document number C(2009) 1174)

(2009/162/EC)

(3)

(4)

introduced under

be
Decision 2005/51/EC should further be extended.

authorisation granted by

the

Decision 2005/51/EC should therefore be amended
accordingly.

The measures provided for
accordance with
Committee on Plant Health,

the

in this Decision are in
Standing
the

of

opinion

HAS ADOPTED THIS DECISION:

Article 1

In the second paragraph of Article 1 of Decision 2005/51/EC
the words ‘28 February 2009’ are replaced by the words
‘29 February 2012’.

Article 2

This Decision is addressed to the Member States.

Done at Brussels, 26 February 2009.

For the Commission

Androulla VASSILIOU
Member of the Commission

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty
Community,

establishing the European

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
their spread within the Community (1), and in
and against
particular Article 15(1) thereof,

Whereas:

(1)

provisions

from certain

By way of derogation from Directive 2000/29/EC,
Commission Decision 2005/51/EC of 21 January 2005
authorising Member States temporarily to provide for
derogations
of Council
Directive 2000/29/EC in respect of the importation of
soil contaminated by pesticides or persistent organic
pollutants for decontamination purposes (2) authorises,
for a limited period, Member States participating in the
United Nations Food and Agriculture Organisation (FAO)
programme on prevention and disposal of obsolete and
unwanted pesticides to permit the introduction of soil
contaminated by such pesticides into the Community
for treatment in dedicated hazardous waste incinerators.

(2)

Since the implementation of that programme has been
delayed, the period during which contaminated soil may

(1) OJ L 169, 10.7.2000, p. 1.
(2) OJ L 21, 25.1.2005, p. 21.