do-me/EUR-LEX huggingface dataset:
2009/353/EC: Council Decision of 27 April 2009 establishing the position to be adopted on behalf of the Community within the Food Aid Committee as regards the extension of the Food Aid Convention 1999
Date: 2009-04-27
Institutions: Council of the European Union
Subjects: European convention, food aid, interim agreement (EU), renewal of an agreement








L_2009109EN.01004101.xml










30.4.2009   


EN


Official Journal of the European Union


L 109/41








            COUNCIL DECISION
         
of 27 April 2009
         
establishing the position to be adopted on behalf of the Community within the Food Aid Committee as regards the extension of the Food Aid Convention 1999
(2009/353/EC)


THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 181, in conjunction with the second subparagraph of Article 300(2) thereof,


Having regard to the proposal from the Commission,

Whereas:







(1)


The Food Aid Convention 1999 (hereinafter referred to as the ‘Convention’) was concluded on behalf of the European Community by Council Decision 2000/421/EC (1) and extended by decisions of the Food Aid Committee in June 2003, June 2005, June 2007 and June 2008 so as to remain in force until 30 June 2009.












(2)


A further extension for a period of one year of the Convention is in the interest of both the Community and its Member States. Pursuant to Article XXV(b) of the Convention, that extension is conditional upon the remaining in force, for the same period, of the Grains Trade Convention 1995 (2). The Grains Trade Convention 1995 remains in force until 30 June 2009, and a further extension of it will be decided at the International Grains Council meeting in June 2009. The Commission, which represents the Community in the Food Aid Committee, should therefore be authorised to vote in favour of such extension,





HAS DECIDED AS FOLLOWS:



Sole Article
The Community’s position within the Food Aid Committee shall be to vote in favour of the extension of the Food Aid Convention 1999 for a period of one year, subject to the condition that the Grains Trade Convention 1995 remains in force during the same period, i.e. until 30 June 2010.
The Commission is hereby authorised to express this position within the Food Aid Committee.




Done at Luxembourg, 27 April 2009.


For the Council


The President

A. VONDRA
            





(1)  
            OJ L 163, 4.7.2000, p. 37.

(2)  
            OJ L 21, 27.1.1996, p. 49.
2009/399/EC: Council Decision of 27 April 2009 adjusting the allowances provided for in Decision 2003/479/EC and Decision 2007/829/EC concerning the rules applicable to national experts and military staff on secondment to the General Secretariat of the Council
Date: 2009-04-27
Institutions: Council of the European Union
Subjects: Council of the European Union, allowances and expenses, military personnel, public administration, secretariat of an Institution, self-employed person, staff regulations (EU)




L_2009127EN.01000801.xml










26.5.2009   


EN


Official Journal of the European Union


L 127/8








            COUNCIL DECISION
         
of 27 April 2009
         
adjusting the allowances provided for in Decision 2003/479/EC and Decision 2007/829/EC concerning the rules applicable to national experts and military staff on secondment to the General Secretariat of the Council
(2009/399/EC)


THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union, and in particular Article 28(1) thereof,


Having regard to the Treaty establishing the European Community, and in particular Article 207(2) thereof,


Having regard to Decision 2003/479/EC (1), and in particular Article 15(7) thereof,


Having regard to Decision 2007/829/EC (2), and in particular Article 15(6) thereof,

Whereas:







(1)


Article 15(7) of Decision 2003/479/EC and Article 15(6) of Decision 2007/829/EC provide that the daily and monthly allowances are to be adjusted each year without retroactive effect on the basis of the adaptation of the basic salaries of Community officials in Brussels and Luxembourg.












(2)


The Council, by Regulation (EC, Euratom) No 1323/2008 of 18 December 2008 adjusting with effect from 1 July 2008 the remuneration and pensions of officials and other servants of the European Communities and the correction coefficients applied thereto (3), has made an adjustment of 3 % to the remuneration and pensions of Community officials,





HAS DECIDED AS FOLLOWS:



Article 1

1.   In Article 15(1) of Decision 2003/479/EC and Article 15(1) of Decision 2007/829/EC, the amounts EUR 29,85 and EUR 119,39 shall be replaced by EUR 30,75 and EUR 122,97 respectively.


2.   In Article 15(2) of Decision 2003/479/EC and in Article 15(2) of Decision 2007/829/EC the table shall be replaced by the following:






‘Distance between place of recruitment and place of secondment
(in km)


Amount in EUR




0-150


0,00 




> 150


79,04 




> 300


140,52 




> 500


228,36 




> 800


368,89 




> 1 300 


579,68 




> 2 000 


693,88 ’






3.   In Article 15(4) of Decision 2003/479/EC the amount EUR 29,85 shall be replaced by EUR 30,75.



Article 2
This Decision shall take effect on the first day of the month following its adoption.




Done at Luxembourg, 27 April 2009.


For the Council


The President

A. VONDRA
            





(1)  
            OJ L 160, 28.6.2003, p. 72.

(2)  
            OJ L 327, 13.12.2007, p. 10.

(3)  
            OJ L 345, 23.12.2008, p. 10.
Case C-149/09: Action brought on 27 April 2009 — Commission of the European Communities v Grand Duchy of Luxembourg
Date: 2009-04-27
Institutions: Court of Justice
Subjects: European Commission, Luxembourg, action for failure to fulfil an obligation, industrial capital, public limited company








C_2009141EN.01003303.xml










20.6.2009   


EN


Official Journal of the European Union


C 141/33





Action brought on 27 April 2009 — Commission of the European Communities v Grand Duchy of Luxembourg
(Case C-149/09)
2009/C 141/60
Language of the case: French

Parties


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

Defendant: Grand Duchy of Luxembourg

Form of order sought







—


Declare that, by failing to adopt the laws, regulations and administrative provisions necessary to comply with Directive 2006/68/EC of the European Parliament and of the Council of 6 September 2006 amending Council Directive 77/91/EEC as regards the formation of public limited liability companies and the maintenance and alteration of their capital (1), or, as the case may be, by failing to inform the Commission of those provisions, the Grand Duchy of Luxembourg has failed to fulfil its obligations under that directive;










—


order the Grand Duchy of Luxembourg to pay the costs.





Pleas in law and main arguments

The period for the transposition of Directive 2006/68/EC expired on 15 April 2008. However, at the time the present action was brought, the defendant had not yet adopted all the measures necessary to transpose the directive or, as the case may be, had not informed the Commission thereof.


(1)  OJ 2006 L 264, p. 32.
Case T-159/09: Action brought on 27 April 2009 — Biofrescos — Comércio de Produtos Alimentares Lda v Commission of the European Communities
Date: 2009-04-27
Institutions: Court of First Instance
Subjects: European Commission, action for annulment (EU), customs, customs regulations, fishery product, foodstuff, import policy








C_2009153EN.01004401.xml










4.7.2009   


EN


Official Journal of the European Union


C 153/44





Action brought on 27 April 2009 — Biofrescos — Comércio de Produtos Alimentares Lda v Commission of the European Communities
(Case T-159/09)
2009/C 153/86
Language of the case: Portuguese

Parties


Applicant: Biofrescos — Comércio de Produtos Alimentares Lda (Linda-a-Velha, Portugal) (represented by: A. Magalhães e Menezes, lawyer)

Defendant: Commission of the European Communities

Form of order sought







—


Annul the Commission’s decision of 16 January 2009 rejecting the applicant’s request for remission of import duties in the sum of EUR 41 271,09 and ordering that that amount be entered into the accounts a posteriori;





Pleas in law and main arguments

Between September 2003 and February 2005, the applicant imported a number of consignments of frozen prawns from Indonesia, for which it sought remission of import duties pursuant to Articles 220(2)(b), 236 and 239(1) of Council Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs Code. (1)

The applicant submits that the Commission infringed, at the very least, those provisions in so far as: first, it made no observations on any of the arguments put forward by the applicant in its request for remission of import duties; secondly, the reasons given by the Commission were inadequate, misleading and incomprehensible; thirdly, it misinterpreted the error made by the Indonesian authorities themselves; fourthly and last, the Commission deemed to be proved facts which are not actually proved, the burden of proving which fell, subsequently, to the bodies involved in the procedure and not the applicant.


(1)  OJ 1996 L 97, p. 38.
Commission Regulation (EC) No 347/2009 of 27 April 2009 establishing the standard import values for determining the entry price of certain fruit and vegetables
Date: 2009-04-27
Institutions: European Commission
Subjects: citrus fruit, common agricultural policy, fruit vegetable, import price, pip fruit








L_2009106EN.01000101.xml










28.4.2009   


EN


Official Journal of the European Union


L 106/1








            COMMISSION REGULATION (EC) No 347/2009
of 27 April 2009
         
establishing the standard import values for determining the entry price of certain fruit and vegetables


THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,


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

Whereas:

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


Article 2
This Regulation shall enter into force on 28 April 2009.




This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 27 April 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.




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







(EUR/100 kg)




CN code


Third country code (1)



Standard import value




0702 00 00 


MA 


74,9 




TN 


139,0 




TR 


102,8 




ZZ 


105,6 




0707 00 05 


MA 


37,3 




TR 


144,6 




ZZ 


91,0 




0709 90 70 


TR 


104,9 




ZZ 


104,9 




0805 10 20 


EG 


47,2 




IL 


58,6 




MA 


51,8 




TN 


55,4 




TR 


51,6 




US 


48,4 




ZZ 


52,2 




0805 50 10 


TR 


54,5 




ZA 


73,4 




ZZ 


64,0 




0808 10 80 


AR 


89,7 




BR 


73,3 




CA 


113,8 




CL 


78,9 




CN 


89,0 




MK 


22,1 




NZ 


103,1 




US 


130,3 




UY 


68,0 




ZA 


81,4 




ZZ 


85,0 




0808 20 50 


AR 


78,2 




CL 


103,5 




CN 


36,6 




NZ 


141,0 




ZA 


89,8 




ZZ 


89,8 






(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-175/09 P: Appeal brought on 27 April 2009 by the Council of the European Union against the judgment of the Civil Service Tribunal delivered on 17 February 2009 in Case F-51/08, Stols v Council
Date: 2009-04-27
Institutions: Court of First Instance
Subjects: Council of the European Union, European civil service, European official, action by staff, appeal, personnel administration, promotion








C_2009167EN.01001502.xml










18.7.2009   


EN


Official Journal of the European Union


C 167/15





Appeal brought on 27 April 2009 by the Council of the European Union against the judgment of the Civil Service Tribunal delivered on 17 February 2009 in Case F-51/08, Stols v Council
(Case T-175/09 P)
2009/C 167/31
Language of the case: French

Parties


Appellant: Council of the European Union (represented by M. Bauer and G. Kimberley, acting as Agents)

Other party to the proceedings: Willem Stols (Halsteren, Netherlands)

Form of order sought by the appellant







—


Set aside the judgment of the CST of 17 February 2009 in Case F-51/08 Willem Stols v Council,










—


Dismiss the action of 21 May 2008 by which Mr Stols had sought annulment of the decision of 16 July 2007 by which the Council refused to include him on the list of officials promoted to grade AST 11 for the 2007 promotion exercise, together with the decision of 5 February 2008 by which the Deputy Secretary-General of the Council had rejected, as the appointing authority, Mr Stols’ complaint submitted in accordance with Article 90(2) of the Staff Regulations,










—


Order the defendant to pay all the costs incurred at first instance and on appeal.





Pleas in law and main arguments

By the present appeal, the Council of the European Union seeks to have set aside the judgment of the Civil Service Tribunal (CST) of 17 February 2009 in Case F-51/08 Stols v Council, by which the CST annulled the Council decisions refusing to promote Mr Stols to grade AST 11 in the context of the 2007 promotion exercise.
In support of its appeal, the Council relies on two grounds of appeal alleging:






—


an error of law, in so far as the CST exceeded the limits set by the case-law to the review by the Community judicature of the wide discretion enjoyed by the appointing authority for the purposes of the comparative consideration of the merits of officials who are candidatesfor promotion;










—


an infringement of the obligation to state reasons, as the judgment under appeal is marred by numerous omissions and imprecisions which render incomprehensible the basis on which the CST actually concluded that there was a manifest error on the part of the Council difficult to understand.
2009/398/EC: Council Decision of 27 April 2009 appointing one German member and one German alternate member of the Committee of the Regions
Date: 2009-04-27
Institutions: Council of the European Union
Subjects: European Committee of the Regions, Germany, appointment of members








L_2009127EN.01000701.xml










26.5.2009   


EN


Official Journal of the European Union


L 127/7








            COUNCIL DECISION
         
of 27 April 2009
         
appointing one German member and one German alternate member of the Committee of the Regions
(2009/398/EC)


THE COUNCIL OF THE EUROPEAN UNION,

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


Having regard to the proposal of the German Government,

Whereas:







(1)


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












(2)


A member’s seat on the Committee of the Regions has become vacant following the resignation of Mr Reinhard LOSKE. An alternate member’s seat has become vacant following the appointment of Mr Hermann KUHN as a member of the Committee of the Regions,





HAS DECIDED AS FOLLOWS:



Article 1
The following are hereby appointed to the Committee of the Regions for the remainder of the current term of office, which runs until 25 January 2010:






(a)


as member:
Mr Hermann KUHN, Mitglied der Bremischen Bürgerschaft;
and










(b)


as alternate member:
Mr Reinhard LOSKE, Senator für Umwelt, Bau, Verkehr und Europa der Freien Hansestadt Bremen.






Article 2
This Decision shall take effect on the day of its adoption.




Done at Luxembourg, 27 April 2009.


For the Council


The President

A. VONDRA
            





(1)  
            OJ L 56, 25.2.2006, p. 75.
Commission Opinion of 27 April 2009 relating to the plan for the disposal of radioactive waste arising from the decommissioning of the Wylfa Nuclear Power Station, located in the United Kingdom, in accordance with Article 37 of the Euratom Treaty
Date: 2009-04-27
Institutions: European Commission
Subjects: EAEC, United Kingdom, nuclear power station, project evaluation, public health, radioactive effluent, radioactive pollution, radioactive waste, waste management








C_2009097EN.01000101.xml










28.4.2009   


EN


Official Journal of the European Union


C 97/1






COMMISSION OPINION

of 27 April 2009
relating to the plan for the disposal of radioactive waste arising from the decommissioning of the Wylfa Nuclear Power Station, located in the United Kingdom, in accordance with Article 37 of the Euratom Treaty
(Only the English text is authentic)
2009/C 97/01
On 20 November 2008, the European Commission received from the British Government, in accordance with Article 37 of the Euratom Treaty, General Data relating to the plan for the disposal of radioactive waste arising from the decommissioning of the Wylfa Nuclear Power Station.
On the basis of these data, and following consultation with the Group of Experts, the Commission has drawn up the following opinion:






1.


The distance between the power station and the nearest border with another Member State, in this case Ireland, is 110 km. France and Belgium are the next nearest Member States, their borders being located at 450 km and 540 km respectively,










2.


During normal decommissioning operations, discharges of liquid and gaseous effluents will not cause an exposure liable to affect the health of the population in another Member State,










3.


Irradiated fuel elements and solid low level radioactive waste are stored at the site before being transported off-site for reprocessing respectively disposal to licensed facilities within the United Kingdom. Solid intermediate level radioactive waste will be stored on-site awaiting government decisions regarding the choice of a long term repository solution. Non-radioactive solid waste or residual materials which are released from regulatory control will be released for disposal as conventional waste or for reuse or recycling, in compliance with the criteria laid down in the Basic Safety Standards (Council Directive 96/29/Euratom),










4.


In the case of unplanned releases of radioactive effluents that may follow an accident of the type and magnitude considered in the General Data, the doses received in another Member State will not be liable to affect the health of the population.




In conclusion, the Commission is of the opinion that the implementation of the plan for the disposal of radioactive waste in whatever form arising from the decommissioning of the Wylfa Nuclear Power Station in the United Kingdom, both in normal operation and in the event of an accident of the type and magnitude considered in the General Data, is not liable to result in radioactive contamination of the water, soil or airspace of another Member State.