do-me/EUR-LEX huggingface dataset:
Compliance with flag State requirements ***II European Parliament legislative resolution of 11 March 2009 on the common position adopted by the Council with a view to the adoption of a directive of the European Parliament and of the Council on compliance with flag State requirements (14288/2/2008 – C6-0484/2008 – 2005/0236(COD))
Date: 2009-03-11
Institutions: Committee on Transport and Tourism, European Parliament
Subjects: EU Member State, codecision procedure, environmental protection, international standard, law of the sea, maritime safety, resolution of parliament, ship's flag, transport safety








CE2010087EN.01034401.xml










1.4.2010   


EN


Official Journal of the European Union


CE 87/344





Wednesday 11 March 2009Compliance with flag State requirements ***II
P6_TA(2009)0112
European Parliament legislative resolution of 11 March 2009 on the common position adopted by the Council with a view to the adoption of a directive of the European Parliament and of the Council on compliance with flag State requirements (14288/2/2008 – C6-0484/2008 – 2005/0236(COD))
2010/C 87 E/60
(Codecision procedure: second reading)

The European Parliament,

having regard to the Council common position (14288/2/2008 – C6-0484/2008) (1),
having regard to the statement of the Member States on maritime safety (15859/2008),
having regard to its position at first reading (2) on the Commission proposal to Parliament and the Council (COM(2005)0586),
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 (A6-0069/2009),






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 Commission.






(1)  OJ C 330 E, 30.12.2008, p. 13.

(2)  OJ C 27 E, 31.1.2008, p. 140.
2009/326/EC: Decision of the European Parliament and of the Council of 11 March 2009 on mobilisation of the European Union Solidarity Fund, in accordance with point 26 of the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management
Date: 2009-03-11
Institutions: Council of the European Union, European Parliament
Subjects: agreement (EU), aid to disaster victims, budgetary discipline (EU), financial management, interinstitutional agreement, natural disaster








L_2009098EN.01003801.xml










17.4.2009   


EN


Official Journal of the European Union


L 98/38








            DECISION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
         
of 11 March 2009
         
on mobilisation of the European Union Solidarity Fund, in accordance with point 26 of the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management
(2009/326/EC)


THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

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 (1), and in particular point 26 thereof,


Having regard to Council Regulation (EC) No 2012/2002 of 11 November 2002 establishing the European Union Solidarity Fund (2), and in particular Article 4(3) thereof,


Having regard to the proposal from the Commission,

Whereas:







(1)


The European Union has created a European Union Solidarity Fund (the Fund) to show solidarity with the population of regions struck by disasters.












(2)


The Interinstitutional Agreement of 17 May 2006 allows the mobilisation of the Fund within the annual ceiling of EUR 1 billion.












(3)


Regulation (EC) No 2012/2002 contains the provisions whereby the Fund may be mobilised.












(4)


Romania submitted an application to mobilise the Fund, concerning a disaster caused by floods. The Commission considers that the application meets the conditions set out in Article 2 of Regulation (EC) No 2012/2002, and therefore proposes to authorise the corresponding appropriations,





HAVE DECIDED AS FOLLOWS:



Article 1
In the general budget of the European Union for the financial year 2009, the European Union Solidarity Fund shall be mobilised to provide the sum of EUR 11 785 377 in commitment and payment appropriations.


Article 2
This Decision shall be published in the Official Journal of the European Union.




Done at Strasbourg, 11 March 2009.


For the European Parliament


The President

H.-G. PÖTTERING
            



For the Council


The President

A. VONDRA
            





(1)  
            OJ C 139, 14.6.2006, p. 1.

(2)  
            OJ L 311, 14.11.2002, p. 3.
Case T-342/08: Order of the Court of First Instance (Seventh Chamber) of 11 March 2009 — Batchelor v Commission
Date: 2009-03-11
Institutions: Court of First Instance
Subjects: Belgium, European Commission, access to information, action for annulment (EU), broadcasting, document








C_2009113EN.01004403.xml










16.5.2009   


EN


Official Journal of the European Union


C 113/44





Order of the Court of First Instance (Seventh Chamber) of 11 March 2009 — Batchelor v Commission
(Case T -342/08) (1)

2009/C 113/90

Language of the case: English

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


(1)  C 272, 25.10.2008.
Civil liability and financial guarantees of shipowners ***II European Parliament legislative resolution of 11 March 2009 on the common position adopted by the Council with a view to the adoption of a directive of the European Parliament and of the Council on the insurance of shipowners for maritime claims (14287/2/2008 – C6-0483/2008 – 2005/0242(COD))
Date: 2009-03-11
Institutions: Committee on Transport and Tourism, European Parliament
Subjects: civil liability, codecision procedure, environmental liability, marine insurance, maritime transport, polluter pays principle, pollution control measures, pollution from ships, resolution of parliament








CE2010087EN.01034301.xml










1.4.2010   


EN


Official Journal of the European Union


CE 87/343





Wednesday 11 March 2009Civil liability and financial guarantees of shipowners ***II
P6_TA(2009)0111
European Parliament legislative resolution of 11 March 2009 on the common position adopted by the Council with a view to the adoption of a directive of the European Parliament and of the Council on the insurance of shipowners for maritime claims (14287/2/2008 – C6-0483/2008 – 2005/0242(COD))
2010/C 87 E/59
(Codecision procedure: second reading)

The European Parliament,

having regard to the Council common position (14287/2/2008 – C6-0483/2008) (1),
having regard to its position at first reading (2) on the Commission proposal to Parliament and the Council (COM(2005)0593),
having regard to the amended Commission proposal (COM(2007)0674),
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 (A6-0072/2009),






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 Commission.






(1)  OJ C 330 E, 30.12.2008, p. 7.

(2)  OJ C 27 E, 31.1.2008, p. 166.
Case C-99/09: Reference for a preliminary ruling from the Sąd Najwyższy (Republic of Poland) lodged on 11 March 2009 — Polska Telefonia Cyfrowa sp. z o. o. v Prezes Urzędu Komunikacji Elektronicznej
Date: 2009-03-11
Institutions: Court of Justice
Subjects: Internet access provider, Poland, communications industry, electronic mail, interpretation of the law, telephone








C_2009129EN.01000602.xml










6.6.2009   


EN


Official Journal of the European Union


C 129/6





Reference for a preliminary ruling from the Sąd Najwyższy (Republic of Poland) lodged on 11 March 2009 — Polska Telefonia Cyfrowa sp. z o. o. v Prezes Urzędu Komunikacji Elektronicznej
(Case C-99/09)
2009/C 129/10
Language of the case: Polish

Referring court

Sąd Najwyższy

Parties to the main proceedings


Applicant: Polska Telefonia Cyfrowa sp. z o. o.

Defendant: Prezes Urzędu Komunikacji Elektronicznej

Question referred

Is Article 30(2) of Directive 2002/22/EC of the European Parliament and of the Council of 7 March 2002 on universal service and users’ rights relating to electronic communications networks and services (Universal Service Directive) (1) … to be interpreted as meaning that the competent regulatory authority of a Member State, when ensuring that direct charges to subscribers do not act as a disincentive for the use of the additional facility of porting numbers, has an obligation to take account of the costs incurred by mobile telephone network operators in providing that facility?


(1)  OJ 2002 L 108, p. 51.
Europol staff: adjustment of basic salaries and allowances * European Parliament legislative resolution of 11 March 2009 on the initiative of the French Republic with a view to adopting a Council decision adjusting the basic salaries and allowances applicable to Europol staff (14479/2008 – C6-0038/2009 – 2009/0804(CNS))
Date: 2009-03-11
Institutions: Committee on Civil Liberties, Justice and Home Affairs, European Parliament
Subjects: European official, Europol, allowances and expenses, consultation procedure, drafting of EU law, pay, regulations for civil servants, resolution of parliament, social-security benefit








CE2010087EN.01033301.xml










1.4.2010   


EN


Official Journal of the European Union


CE 87/333





Wednesday 11 March 2009Europol staff: adjustment of basic salaries and allowances *
P6_TA(2009)0102
European Parliament legislative resolution of 11 March 2009 on the initiative of the French Republic with a view to adopting a Council decision adjusting the basic salaries and allowances applicable to Europol staff (14479/2008 – C6-0038/2009 – 2009/0804(CNS))
2010/C 87 E/50
(Consultation procedure)

The European Parliament,

having regard to the initiative of the French Republic (14479/2008),
having regard to the Council Act of 3 December 1998 laying down the staff regulations applicable to Europol employees (1), and in particular Article 44 thereof,
having regard to Article 39(1) of the EU Treaty, pursuant to which the Council consulted Parliament (C6-0038/2009),
having regard to Rules 93 and 51 of its Rules of Procedure,
having regard to the report of the Committee on Civil Liberties, Justice and Home Affairs (A6-0078/2009),






1.


Approves the initiative of the French Republic;










2.


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










3.


Calls on the Council to consult Parliament again if it intends to amend the initiative of the French Republic substantially;










4.


Instructs its President to forward its position to the Council and the Commission, and to the government of the French Republic.






(1)  OJ C 26, 30.1.1999, p. 23.
Case T-166/05: 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, inorganic acid, labelling, packaging








C_2009090EN.01002302.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-166/05) (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 90/36
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 21 February 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 21 February 2005 of the Secretary-General of the Commission refusing Borax Europe Ltd access to the recordings of the meeting of 5 and 6 October 2004, to two drafts of the summary record of that meeting, to thirteen comments from experts, to two comments from industry representatives and to the document submitted by the Danish Rapporteur;










2.


Orders the Commission to pay the costs.






(1)  OJ C 155, 25.6.2005.
VAT exemption on the final importation of certain goods * European Parliament legislative resolution of 11 March 2009 on the proposal for a Council directive determining the scope of Article 143(b) and (c) of Directive 2006/112/EC as regards exemption from value added tax on the final importation of certain goods on the common system of value added tax (codified version) (COM(2008)0575 – C6-0347/2008 – 2008/0181(CNS))
Date: 2009-03-11
Institutions: Committee on Legal Affairs, European Parliament
Subjects: codification of EU law, consultation procedure, delivery, distributive trades, drafting of EU law, provision of services, resolution of parliament, tax exemption, tax on consumption








CE2010087EN.01033201.xml










1.4.2010   


EN


Official Journal of the European Union


CE 87/332





Wednesday 11 March 2009VAT exemption on the final importation of certain goods (codified version) *
P6_TA(2009)0101
European Parliament legislative resolution of 11 March 2009 on the proposal for a Council directive determining the scope of Article 143(b) and (c) of Directive 2006/112/EC as regards exemption from value added tax on the final importation of certain goods on the common system of value added tax (codified version) (COM(2008)0575 – C6-0347/2008 – 2008/0181(CNS))
2010/C 87 E/49
(Consultation procedure – codification)

The European Parliament,

having regard to the Commission proposal to the Council (COM(2008)0575),
having regard to Articles 93 and 94 of the EC Treaty, pursuant to which the Council consulted Parliament (C6-0347/2008),
having regard to the Interinstitutional Agreement of 20 December 1994 – Accelerated working method for official codification of legislative texts (1),
having regard to Rules 80 and 51 of its Rules of Procedure,
having regard to the report of the Committee on Legal Affairs (A6-0060/2009),






A.


whereas, according to the Consultative Working Party of the Legal Services of the European Parliament, the Council and the Commission, the proposal in question contains a straightforward codification of the existing texts without any change in their substance,










1.


Approves the Commission proposal as adapted to the recommendations of the Consultative Working Party of the Legal Services of the European Parliament, the Council and the Commission;










2.


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






(1)  OJ C 102, 4.4.1996, p. 2.
Case T-354/05: Judgment of the Court of First Instance of 11 March 2009 — TF1 v Commission (State aid — Financing of France Télévisions by the audiovisual licence fee — Constant review of existing aid — Recommendation for the adoption of appropriate measures — Member State’s commitments accepted by the Commission — Decision declaring the aid compatible with the common market — Action for annulment — Period allowed for commencing proceedings — Nature of the contested measure — Interest in bringing proceedings — Admissibility — Rights of the defence — Obligation to state the reasons on which the decision is based — Altmark judgment)
Date: 2009-03-11
Institutions: Court of First Instance
Subjects: European Commission, France, State aid, action for annulment (EU), control of State aid, quasi-fiscal charge, television








C_2009113EN.01003101.xml










16.5.2009   


EN


Official Journal of the European Union


C 113/31





Judgment of the Court of First Instance of 11 March 2009 — TF1 v Commission
(Case T-354/05) (1)

(State aid - Financing of France Télévisions by the audiovisual licence fee - Constant review of existing aid - Recommendation for the adoption of appropriate measures - Member State’s commitments accepted by the Commission - Decision declaring the aid compatible with the common market - Action for annulment - Period allowed for commencing proceedings - Nature of the contested measure - Interest in bringing proceedings - Admissibility - Rights of the defence - Obligation to state the reasons on which the decision is based - Altmark judgment)
2009/C 113/62
Language of the case: French

Parties


Applicant: Télévision française 1 SA (TF1) (Boulogne-Billancourt, France) (represented by: J.-P. Hordies and C. Smits, lawyers)

Defendant: Commission of the European Communities (represented by: C. Giolito, acting as Agent)

Interveners in support of the defendant: French Republic (represented by: G. de Bergues and A.-L. Vendrolini, acting as Agents); and France Télévisions S.A. (Paris, France) (represented by: J.-P. Gunther and D. Tayar, lawyers)

Re:

Application for the annulment of Commission Decision C(2005) 1166 final of 20 April 2005 on aid granted to France Télévisions [aid E 10/2005 (ex C 60/1999) — France, Audiovisual licence fee].

Operative part of the judgment

The Court:






1.


Dismisses the application;










2.


Orders Télévision française 1 SA (TF1) to bear its own costs and to pay those incurred by the Commission and by France Télévisions SA;










3.


Orders the French Republic to bear its own costs.






(1)  OJ C 315, 10.12.2005.
Community vessel traffic monitoring and information system ***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 amending Directive 2002/59/EC establishing a Community vessel traffic monitoring and information system (PE-CONS 3722/2008 – C6-0045/2009 – 2005/0239(COD))
Date: 2009-03-11
Institutions: European Parliament
Subjects: codecision procedure, information system, maritime safety, maritime transport, pollution from ships, resolution of parliament, transport of dangerous goods, transport safety








CE2010087EN.01034001.xml










1.4.2010   


EN


Official Journal of the European Union


CE 87/340





Wednesday 11 March 2009Community vessel traffic monitoring and information system ***III
P6_TA(2009)0108
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 amending Directive 2002/59/EC establishing a Community vessel traffic monitoring and information system (PE-CONS 3722/2008 – C6-0045/2009 – 2005/0239(COD))
2010/C 87 E/56
(Codecision procedure: third reading)

The European Parliament,

having regard to the joint text approved by the Conciliation Committee (PE-CONS 3722/2008 – C6-0045/2009),
having regard to its position at first reading (1) on the Commission proposal to Parliament and the Council (COM(2005)0589),
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)0829),
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 (A6-0100/2009),






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. 533.

(2)  Texts adopted, 24.9.2008, P6_TA(2008)0443.

(3)  OJ C 184 E, 22.7.2008, p. 1.