do-me/EUR-LEX huggingface dataset:
Investigation of accidents in the maritime transport sector ***III European Parliament legislative resolution of 11 March 2009 on the joint text approved by the Conciliation Committee for a directive of the European Parliament and of the Council establishing the fundamental principles governing the investigation of accidents in the maritime transport sector and amending Directives 1999/35/EC and 2002/59/EC (PE-CONS 3723/2008 – C6-0046/2009 – 2005/0240(COD))
Date: 2009-03-11
Institutions: European Parliament
Subjects: code of conduct, codecision procedure, fact-finding mission, maritime safety, maritime transport, resolution of parliament, transport accident, transport safety








CE2010087EN.01034101.xml










1.4.2010   


EN


Official Journal of the European Union


CE 87/341





Wednesday 11 March 2009Investigation of accidents in the maritime transport sector ***III
P6_TA(2009)0109
European Parliament legislative resolution of 11 March 2009 on the joint text approved by the Conciliation Committee for a directive of the European Parliament and of the Council establishing the fundamental principles governing the investigation of accidents in the maritime transport sector and amending Directives 1999/35/EC and 2002/59/EC (PE-CONS 3723/2008 – C6-0046/2009 – 2005/0240(COD))
2010/C 87 E/57
(Codecision procedure: third reading)

The European Parliament,

having regard to the joint text approved by the Conciliation Committee (PE-CONS 3723/2008 – C6-0046/2009),
having regard to its position at first reading (1) on the Commission proposal to Parliament and the Council (COM(2005)0590),
having regard to its position at second reading (2) on the Council common position (3),
having regard to the Commission's opinion on Parliament's amendments to the common position (COM(2008)0827),
having regard to Article 251(5) of the EC Treaty,
having regard to Rule 65 of its Rules of Procedure,
having regard to the report of its delegation to the Conciliation Committee (A6-0101/2009),






1.


Approves the joint text;










2.


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










3.


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;










4.


Instructs its President to forward this legislative resolution to the Council and Commission.






(1)  OJ C 74 E, 20.3.2008, p. 546.

(2)  Texts adopted, 24.9.2008, P6_TA(2008)0444.

(3)  OJ C 184 E, 22.7.2008, p. 23.
Case T-121/05: Judgment of the Court of First Instance of 11 March 2009 — Borax Europe v Commission (Access to documents — Regulation (EC) No 1049/2001 — Documents and sound recordings — Refusal of access — Exception relating to the protection of the privacy and integrity of the individual — Exception relating to the protection of the decision-making process)
Date: 2009-03-11
Institutions: Court of First Instance
Subjects: European Commission, General Court (EU), access to EU information, action for annulment (EU), dangerous substance, disclosure of information, labelling








C_2009090EN.01002301.xml










18.4.2009   


EN


Official Journal of the European Union


C 90/23





Judgment of the Court of First Instance of 11 March 2009 — Borax Europe v Commission
(Case T-121/05) (1)

(Access to documents - Regulation (EC) No 1049/2001 - Documents and sound recordings - Refusal of access - Exception relating to the protection of the privacy and integrity of the individual - Exception relating to the protection of the decision-making process)
2009/C 90/35
Language of the case: English

Parties


Applicant: Borax Europe Ltd (Guildford, United Kingdom) (represented by: D. Vandermeersch and K. Nordlander, lawyers)

Defendant: Commission of the European Communities (represented by: P. Costa de Oliveira and I. Chatzigiannis, acting as Agents)

Re:

Application for annulment of the decision of 17 January 2005 of the Secretary-General of the Commission refusing access to certain documents and sound recordings in connection with the 30th adaptation to technical progress of Council Directive 67/548/EEC of 27 June 1967 on the approximation of the laws, regulations and administrative provisions relating to the classification, packaging and labelling of dangerous substances (OJ, English Special Edition 1967(I), p. 234)

Operative part of the judgment

The Court:






1.


Annuls the decision of 17 January 2005 of the Secretary-General of the Commission refusing access to certain documents and sound recordings in connection with the 30th adaptation to technical progress of Council Directive 67/548/EEC of 27 June 1967 on the approximation of the laws, regulations and administrative provisions relating to the classification, packaging and labelling of dangerous substances;










2.


Orders the Commission to pay the costs.






(1)  OJ C 143, 11.6.2005.
The liability of carriers of passengers by sea in the event of accidents ***III European Parliament legislative resolution of 11 March 2009 on the joint text approved by the Conciliation Committee for a regulation of the European Parliament and of the Council on the liability of carriers of passengers by sea in the event of accidents (PE-CONS 3724/2008 – C6-0047/2009 – 2005/0241(COD))
Date: 2009-03-11
Institutions: European Parliament
Subjects: carriage of passengers, carrier, codecision procedure, inland waterway shipping, liability, maritime transport, resolution of parliament, safety standard, transport accident, transport safety








CE2010087EN.01034201.xml










1.4.2010   


EN


Official Journal of the European Union


CE 87/342





Wednesday 11 March 2009The liability of carriers of passengers by sea in the event of accidents ***III
P6_TA(2009)0110
European Parliament legislative resolution of 11 March 2009 on the joint text approved by the Conciliation Committee for a regulation of the European Parliament and of the Council on the liability of carriers of passengers by sea in the event of accidents (PE-CONS 3724/2008 – C6-0047/2009 – 2005/0241(COD))
2010/C 87 E/58
(Codecision procedure: third reading)

The European Parliament,

having regard to the joint text approved by the Conciliation Committee (PE-CONS 3724/2008 – C6-0047/2009),
having regard to its position at first reading (1) on the Commission proposal to Parliament and the Council (COM(2005)0592),
having regard to the amended Commission proposal (COM(2007)0645),
having regard to its position at second reading (2) on the Council common position (3),
having regard to the Commission's opinion on Parliament's amendments to the common position (COM(2008)0831),
having regard to Article 251(5) of the EC Treaty,
having regard to Rule 65 of its Rules of Procedure,
having regard to the report of its delegation to the Conciliation Committee (A6-0102/2009),






1.


Approves the joint text;










2.


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










3.


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;










4.


Instructs its President to forward this legislative resolution to the Council and Commission.






(1)  OJ C 74 E, 20.3.2008, p. 562.

(2)  Texts adopted, 24.9.2008, P6_TA(2008)0445.

(3)  OJ C 190 E, 29.7.2008, p. 17.
Port State control ***III European Parliament legislative resolution of 11 March 2009 on the joint text approved by the Conciliation Committee for a directive of the European Parliament and of the Council on port State control (recast) (PE-CONS 3721/2008 – C6-0044/2009 – 2005/0238(COD))
Date: 2009-03-11
Institutions: European Parliament
Subjects: codecision procedure, harbour installation, international standard, maritime transport, prevention of pollution, resolution of parliament, transport safety, working conditions








CE2010087EN.01033901.xml










1.4.2010   


EN


Official Journal of the European Union


CE 87/339





Wednesday 11 March 2009Port State control (recast) ***III
P6_TA(2009)0107
European Parliament legislative resolution of 11 March 2009 on the joint text approved by the Conciliation Committee for a directive of the European Parliament and of the Council on port State control (recast) (PE-CONS 3721/2008 – C6-0044/2009 – 2005/0238(COD))
2010/C 87 E/55
(Codecision procedure: third reading)

The European Parliament,

having regard to the joint text approved by the Conciliation Committee (PE-CONS 3721/2008 – C6-0044/2009),
having regard to its position at first reading (1) on the Commission proposal to Parliament and the Council (COM(2005)0588),
having regard to its position at second reading (2) on the Council common position (3),
having regard to the Commission's opinion on Parliament's amendments to the common position (COM(2008)0830),
having regard to Article 251(5) of the EC Treaty,
having regard to Rule 65 of its Rules of Procedure,
having regard to the report of its delegation to the Conciliation Committee (A6-0099/2009),






1.


Approves the joint text;










2.


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










3.


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;










4.


Instructs its President to forward this legislative resolution to the Council and Commission.






(1)  OJ C 74 E, 20.3.2008, p. 584.

(2)  Texts adopted, 24.9.2008, P6_TA(2008)0446.

(3)  OJ C 198 E, 5.8.2008, p. 1.
Case C-100/09: Action brought on 11 March 2009 — Commission of the European Communities v Czech Republic
Date: 2009-03-11
Institutions: Court of Justice
Subjects: Czechia, action for failure to fulfil an obligation, disclosure of information, property market, securities








C_2009113EN.01002701.xml










16.5.2009   


EN


Official Journal of the European Union


C 113/27





Action brought on 11 March 2009 — Commission of the European Communities v Czech Republic
(Case C-100/09)
2009/C 113/50
Language of the case: Czech

Parties


Applicant: Commission of the European Communities (represented by: L Jelínek and P. Dejmek, acting as Agents)

Defendant: Czech Republic

Form of order sought







—


declare that, by failing to adopt all such laws, regulations and administrative provisions necessary to comply with Commission Directive 2007/14/EC of 8 March 2007 laying down detailed rules for the implementation of certain provisions of Directive 2004/109/EC on the harmonisation of transparency requirements in relation to information about issuers whose securities are admitted to trading on a regulated market, (1) or in any event, by failing to inform the Commission thereof, the Czech Republic has failed to fulfil its obligations under Article 24 of that directive;










—


order Czech Republic to pay the costs.





Pleas in law and main arguments

The period for implementing the directive into the domestic legal order expired on 8 March 2008.


(1)  OJ 2007 L 69, p. 27.
Case T-98/09: Action brought on 11 March 2009 — Tubesca v OHIM — Tubos del Mediterráneo (T TUMESA TUBOS DEL MEDITERRANEO S.A.)
Date: 2009-03-11
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), building industry, construction equipment, trade-mark law








C_2009102EN.01003301.xml










1.5.2009   


EN


Official Journal of the European Union


C 102/33





Action brought on 11 March 2009 — Tubesca v OHIM — Tubos del Mediterráneo (T TUMESA TUBOS DEL MEDITERRANEO S.A.)
(Case T-98/09)
2009/C 102/49
Language in which the application was lodged: French

Parties


Applicant: Tubesca (Ailly-sur-Noye, France) (represented by: F. Greffe, avocat)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)

Other party to the proceedings before the Board of Appeal of OHIM: Tubos del Mediterráneo, SA (Sagunto, Spain)

Form of order sought







—


Annulment of the decision delivered by the Fourth Board of Appeal of OHIM of 17 December 2008 in Case No R 518/2008-4.





Pleas in law and main arguments


Applicant for a Community trade mark: Tubos del Mediterráneo, SA

Community trade mark concerned: Figurative mark ‘T TUMESA TUBOS DEL MEDITERRANEO S.A.’ for goods and services in Classes 6, 35 and 42 — application No 4 085 098

Proprietor of the mark or sign cited in the opposition proceedings: The applicant

Mark or sign cited in opposition: National and international word and figurative marks ‘TUBESCA’ for goods in Classes 6, 19 and 20

Decision of the Opposition Division: Opposition partially upheld; partial refusal to register the mark applied for

Decision of the Board of Appeal: Annulment of the decision of the Opposition Division and rejection of the opposition

Pleas in law: There is a likelihood of confusion between the opposing marks for consumers displaying average attention or end users, especially since the marks ‘TUBESCA’ are well known and highly distinctive.
Commission Regulation (EC) No 190/2009 of 11 March 2009 establishing the standard import values for determining the entry price of certain fruit and vegetables
Date: 2009-03-11
Institutions: European Commission
Subjects: citrus fruit, common agricultural policy, fruit vegetable, import price, pip fruit

12.3.2009

EN

Official Journal of the European Union

L 67/7

COMMISSION REGULATION (EC) No 190/2009

of 11 March 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 12 March 2009.

Article 2

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

Done at Brussels, 11 March 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 67/8

EN

Official Journal of the European Union

12.3.2009

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 50 10

0808 10 80

0808 20 50

Third country code (1)

Standard import value

(EUR/100 kg)

JO
MA
TN
TR
ZZ

EG
JO
MA
MK
TR
ZZ

JO
MA
TR
ZZ

EG
ZZ

EG
IL
MA
TN
TR
ZZ

EG
MA
TR
ZZ

AR
CA
CL
CN
MK
US
UY
ZZ

AR
CL
CN
US
ZA
ZZ

78,3
64,4
134,4
101,2
94,6

147,3
166,9
93,4
133,4
147,6
137,7

249,0
58,8
90,4
132,7

74,5
74,5

42,0
52,8
45,2
56,6
62,9
51,9

51,3
61,0
46,2
52,8

103,2
86,3
100,5
85,4
22,7
119,3
68,9
83,8

81,0
144,0
46,0
105,7
97,6
94,9

(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’.
Common rules and standards for ship inspection and survey organisations and for the relevant activities of maritime administrations ***III European Parliament legislative resolution of 11 March 2009 on the joint text approved by the Conciliation Committee for a directive of the European Parliament and of the Council on common rules and standards for ship inspection and survey organisations and for the relevant activities of maritime administrations (recast) (PE-CONS 3719/2008 – C6-0042/2009 – 2005/0237A(COD))
Date: 2009-03-11
Institutions: European Parliament
Subjects: codecision procedure, international standard, maritime safety, pollution from ships, prevention of pollution, resolution of parliament, roadworthiness tests, technical regulations, transport safety, vessel








CE2010087EN.01033701.xml










1.4.2010   


EN


Official Journal of the European Union


CE 87/337





Wednesday 11 March 2009Common rules and standards for ship inspection and survey organisations and for the relevant activities of maritime administrations (recast) ***III
P6_TA(2009)0105
European Parliament legislative resolution of 11 March 2009 on the joint text approved by the Conciliation Committee for a directive of the European Parliament and of the Council on common rules and standards for ship inspection and survey organisations and for the relevant activities of maritime administrations (recast) (PE-CONS 3719/2008 – C6-0042/2009 – 2005/0237A(COD))
2010/C 87 E/53
(Codecision procedure: third reading)

The European Parliament,

having regard to the joint text approved by the Conciliation Committee (PE-CONS 3719/2008 – C6-0042/2009),
having regard to its position at first reading (1) on the Commission proposal to Parliament and the Council (COM(2005)0587),
having regard to its position at second reading (2) on the Council common position (3),
having regard to the Commission's opinion on Parliament's amendments to the common position (COM(2008)0828),
having regard to Article 251(5) of the EC Treaty,
having regard to Rule 65 of its Rules of Procedure,
having regard to the report of its delegation to the Conciliation Committee (A6-0097/2009),






1.


Approves the joint text;










2.


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










3.


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;










4.


Instructs its President to forward this legislative resolution to the Council and Commission.






(1)  OJ C 74 E, 20.3.2008, p. 632.

(2)  Texts adopted, 24.9.2008, P6_TA(2008)0447.

(3)  OJ C 184 E, 22.7.2008, p. 11.
Draft amending budget 1/2009: floods in Romania European Parliament resolution of 11 March 2009 on Draft amending budget No 1/2009 of the European Union for the financial year 2009, Section III - Commission (6952/2009 – C6-0075/2009 – 2009/2008(BUD))
Date: 2009-03-11
Institutions: Committee on Budgets, European Parliament
Subjects: EU aid, Romania, amending budget, draft budget (EU), flood, fund (EU), general budget (EU), resolution of parliament








CE2010087EN.01033501.xml










1.4.2010   


EN


Official Journal of the European Union


CE 87/335





Wednesday 11 March 2009Draft amending budget 1/2009: floods in Romania
P6_TA(2009)0104
European Parliament resolution of 11 March 2009 on Draft amending budget No 1/2009 of the European Union for the financial year 2009, Section III - Commission (6952/2009 – C6-0075/2009 – 2009/2008(BUD))
2010/C 87 E/52

The European Parliament,

having regard to Article 272 of the EC Treaty and Article 177 of the Euratom Treaty,
having regard to Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (1), and particularly Articles 37 and 38 thereof,
having regard to the general budget of the European Union for the financial year 2009, as finally adopted on 18 December 2008 (2),
having regard to the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management (3),
having regard to Preliminary draft amending budget No 1/2009 of the European Union for the financial year 2009, which the Commission presented on 23 January 2009 (COM(2009)0022),
having regard to Draft amending budget No 1/2009, which the Council established on 26 February 2009 (6952/2009 – C6-0075/2009),
having regard to Rule 69 of and Annex IV to its Rules of Procedure,
having regard to the report of the Committee on Budgets (A6-0113/2009),






A.


whereas Draft amending budget No 1 to the general budget 2009 covers the following items:






—


Mobilisation of the EU Solidarity Fund for an amount of EUR 11,8 million in commitment and payment appropriations relating to the effects of the floods that hit Romania in July 2008,










—


A corresponding reduction in payment appropriations of EUR 11,8 million from line 130316 - European Regional Development Fund (ERDF)-Convergence,














B.


whereas the purpose of Draft amending budget No 1/2009 is to formally enter these budgetary adjustments into the 2009 budget,










1.


Takes note of Preliminary draft amending budget No 1/2009, which is the third amending budget solely dedicated to the EU Solidarity Fund, as requested by the European Parliament and the Council in a joint declaration adopted during the Conciliation meeting of 17 July 2008;










2.


Approves Draft amending budget No 1/2009 unamended;










3.


Instructs its President to forward this resolution to the Council and Commission.






(1)  OJ L 248, 16.9.2002, p. 1.

(2)  OJ L 69, 13.3.2009.

(3)  OJ C 139, 14.6.2006, p. 1.