do-me/EUR-LEX huggingface dataset:
Decision of the EEA Joint Committee No 80/2009 of 3 July 2009 amending Annex II (Technical regulations, standards, testing and certification) and Annex XIII (Transport) to the EEA Agreement
Date: 2009-07-03
Institutions: EEA Joint Committee
Subjects: International Maritime Organisation, carriage of passengers, maritime safety, maritime transport, prevention of pollution, safety standard




L_2009277EN.01003101.xml










22.10.2009   


EN


Official Journal of the European Union


L 277/31








            DECISION OF THE EEA JOINT COMMITTEE
         
No 80/2009
of 3 July 2009
         
amending Annex II (Technical regulations, standards, testing and certification) and Annex XIII (Transport) to the EEA Agreement


THE EEA JOINT COMMITTEE,

Having regard to the Agreement on the European Economic Area, as amended by the Protocol adjusting the Agreement on the European Economic Area, hereinafter referred to as ‘the Agreement’, and in particular Article 98 thereof,

Whereas:







(1)


Annex II to the Agreement was amended by Decision of the EEA Joint Committee No 45/2003 of 16 May 2003 (1).












(2)


Annex XIII to the Agreement was amended by Decision of the EEA Joint Committee No 71/2009 of 29 May 2009 (2).












(3)


Commission Directive 2008/67/EC of 30 June 2008 amending Council Directive 96/98/EC on marine equipment (3) is to be incorporated into the Agreement,





HAS DECIDED AS FOLLOWS:



Article 1
The following indent shall be added in point 1 (Council Directive 96/98/EC) of Chapter XXXII of Annex II to the Agreement:






‘—



32008 L 0067: Commission Directive 2008/67/EC of 30 June 2008 (OJ L 171, 1.7.2008, p. 16).’






Article 2
The following indent shall be added in point 56d (Council Directive 96/98/EC) of Annex XIII to the Agreement:






‘—



32008 L 0067: Commission Directive 2008/67/EC of 30 June 2008 (OJ L 171, 1.7.2008, p. 16).’






Article 3
The text of Directive 2008/67/EC in the Icelandic and Norwegian languages, to be published in the EEA Supplement to the Official Journal of the European Union, shall be authentic.


Article 4
This Decision shall enter into force on 4 July 2009, provided that all the notifications under Article 103(1) of the Agreement have been made to the EEA Joint Committee (*1).


Article 5
This Decision shall be published in the EEA Section of, and in the EEA Supplement to, the Official Journal of the European Union.




Done at Brussels, 3 July 2009.


For the EEA Joint Committee


The President

Oda Helen SLETNES
            





(1)  
            OJ L 193, 31.7.2003, p. 14.

(2)  
            OJ L 232, 3.9.2009, p. 28.

(3)  
            OJ L 171, 1.7.2008, p. 16.

(*1)  No constitutional requirements indicated.
Political and Security Committee Decision EUJUST LEX/1/2009 of 3 July 2009 appointing the Head of Mission for the European Union Integrated Rule of Law Mission for Iraq, EUJUST LEX
Date: 2009-07-03
Institutions: Political and Security Committee
Subjects: Iraq, appointment of staff, common foreign and security policy, judicial cooperation








L_2009202EN.01008201.xml










4.8.2009   


EN


Official Journal of the European Union


L 202/82








            POLITICAL AND SECURITY COMMITTEE DECISION EUJUST LEX/1/2009
of 3 July 2009
         
appointing the Head of Mission for the European Union Integrated Rule of Law Mission for Iraq, EUJUST LEX
(2009/596/CFSP)


THE POLITICAL AND SECURITY COMMITTEE,

Having regard to the Treaty on European Union, and in particular the third paragraph of Article 25 thereof,


Having regard to Council Joint Action 2009/475/CFSP of 11 June 2009 on the European Union Integrated Rule of Law Mission for Iraq, EUJUST LEX (1), and in particular Article 9(2) thereof,

Whereas:







(1)


On 11 June 2009, the Council adopted Joint Action 2009/475/CFSP on the European Union Integrated Rule of Law Mission for Iraq, EUJUST LEX. That Joint Action expires on 30 June 2010.












(2)


Article 9(2) of Joint Action 2009/475/CFSP authorises the Political and Security Committee to take decisions regarding the appointment of the Head of Mission.












(3)


Mr Stephen WHITE should be appointed as Head of Mission of EUJUST LEX until 31 December 2009,





HAS DECIDED AS FOLLOWS:



Article 1
Mr Stephen WHITE is hereby appointed as Head of Mission of the European Union Integrated Rule of Law Mission for Iraq, EUJUST LEX, with effect from 1 July 2009.


Article 2
This Decision shall take effect on the day of its adoption.
It shall apply until 31 December 2009.




Done at Brussels, 3 July 2009.


For the Political and Security Committee


The President

O. SKOOG
            





(1)  
            OJ L 156, 19.6.2009, p. 57.
2009/520/EC: Commission Decision of 3 July 2009 amending Article 23(4) of Annex I to Council Regulation (EC) No 71/2008 setting up the Clean Sky Joint Undertaking (notified under document number C(2009) 5134)
Date: 2009-07-03
Institutions: European Commission
Subjects: air quality, business start-up, domestic trade, environmental protection, industrial property, joint venture, new technology, prevention of pollution, research and development




L_2009175EN.01001401.xml










4.7.2009   


EN


Official Journal of the European Union


L 175/14








            COMMISSION DECISION
         
of 3 July 2009
         
amending Article 23(4) of Annex I to Council Regulation (EC) No 71/2008 setting up the Clean Sky Joint Undertaking
(notified under document number C(2009) 5134)
(2009/520/EC)


THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,


Having regard to Council Regulation (EC) No 71/2008 of 20 December 2007 setting up the Clean Sky Joint Undertaking (1), and in particular Article 24(2) of Annex I thereto,


Having regard to the draft amendment approved by the Governing Board of the Clean Sky Joint Undertaking on 10th October 2008,

Whereas:







(1)


The Governing Board of the Clean Sky Joint Undertaking has approved and submitted a draft amendment replacing in Article 23(4) of Annex I to Regulation (EC) No 71/2008 with a different text to allow defining access rights not only for research use but also for commercial use in the grant agreement.












(2)


Whereas this amendment, which does not affect the essential elements of the Clean Sky Statutes is justified, as pursuant to Article 15 of Regulation (EC) No 71/2008, the intellectual rights policy of the Clean Sky Joint Undertaking should be based on the principles of Regulation (EC) No 1906/2006 of the European Parliament and of the Council (2) where access rights for use include for commercial exploitation and should promote not only the creation but also the exploitation of knowledge (ref. Recital 29 and Article 23(2) of Annex I to Regulation (EC) No 71/2008),





HAS ADOPTED THIS DECISION:



Article 1
Article 23(4) of Annex I to Regulation (EC) No 71/2008 is replaced by the following:

‘4.   The terms and conditions of access rights and licenses between legal entities having concluded a grant agreement with the Clean Sky Joint Undertaking shall be defined in the grant agreement with regards to Background and Foreground for the purposes of completing the projects, and Foreground and Background necessary to use Foreground’.



Article 2
This Decision is addressed to the Clean Sky Joint Undertaking:





Clean Sky Joint Undertaking




c/o Liam Breslin




European Commission — DG RTD




Clean Sky Joint Undertaking Interim Executive Director




CDMA 04/166




1049 Brussels




BELGIUM








Done at Brussels, 3 July 2009.


For the Commission

Janez POTOČNIK
            

Member of the Commission






(1)  
            OJ L 30, 4.2.2008, p. 1.

(2)  
            OJ L 391, 30.12.2006, p. 1.
Case C-241/09: Reference for a preliminary ruling from the Cour d’appel, Brussels lodged on 3 July 2009 — Fluxys SA v Commission de régulation de l’électricité et du gaz (CREG)
Date: 2009-07-03
Institutions: Court of Justice
Subjects: EU office or agency, electricity supply, energy transport, gas supply, interpretation of the law, transit








C_2009205EN.01002802.xml










29.8.2009   


EN


Official Journal of the European Union


C 205/28





Reference for a preliminary ruling from the Cour d’appel, Brussels lodged on 3 July 2009 — Fluxys SA v Commission de régulation de l’électricité et du gaz (CREG)
(Case C-241/09)
2009/C 205/48
Language of the case: French

Referring court

Cour d’appel, Brussels

Parties to the main proceedings


Applicant: Fluxys SA

Defendant: Commission de régulation de l’électricité et du gaz (CREG)

Questions referred

Do Articles 1, 2 and 18 of Directive 2003/55/EC (1) and Article 3 of Regulation No 1775/2005/EC (2) preclude national legislation establishing a separate tariff regime for the transit activity, which derogates from the rules governing transportation, by creating a distinction, within the transportation activity, between ‘transmission’ and ‘transit’?


(1)  Directive 2003/55/EC of the European Parliament and of the Council of 26 June 2003 concerning common rules for the internal market in natural gas and repealing Directive 98/30/EC (OJ 2003 L 176, p. 57).

(2)  Regulation (EC) No 1775/2005 of the European Parliament and of the Council of 28 September 2005 on conditions for access to the natural gas transmission networks (OJ 2005 L 289, p. 1).
Case C-242/09: Reference for a preliminary ruling from the Gerechtshof te Amsterdam (Netherlands) lodged on 3 July 2009 — Albron Catering BV v FNV Bondgenoten and John Roest
Date: 2009-07-03
Institutions: Court of Justice
Subjects: Netherlands, business management, interpretation of the law, labour force, labour law, transfer of businesses








C_2009220EN.01002102.xml










12.9.2009   


EN


Official Journal of the European Union


C 220/21





Reference for a preliminary ruling from the Gerechtshof te Amsterdam (Netherlands) lodged on 3 July 2009 — Albron Catering BV v FNV Bondgenoten and John Roest
(Case C-242/09)
2009/C 220/41
Language of the case: Dutch

Referring court

Gerechtshof te Amsterdam

Parties to the main proceedings


Applicant: Albron Catering BV

Defendants: FNV Bondgenoten, John Roest

Questions referred







1.


Should Directive 2001/23/EC (1) be interpreted as meaning that there is a transfer of rights and obligations to the transferee referred to in the first sentence of Article 3(1) only if the transferor of the undertaking to be transferred is also the formal employer of the employees concerned, or does the protection of employees envisaged by the Directive imply that, upon transfer of an undertaking from an operating company belonging to a group, the rights and obligations pertaining to the employees working for that undertaking are transferred to the transferee if all the personnel working in the group are in the employ of a personnel company (which also belongs to that group) which functions as the central employer?










2.


What would be the answer to the second part of the first question if the employees referred to there who work for an undertaking belonging to a group are in the employ of another company which also belongs to that group, which is not a personnel company as described in the first question?






(1)  Council Directive 2001/23/EC of 12 March 2001 on the approximation of the laws of the Member States relating to the safeguarding of employees’ rights in the event of transfers of undertakings, businesses or parts of undertakings or businesses (OJ 2001 L 82, p. 16).
Decision of the EEA Joint Committee No 77/2009 of 3 July 2009 amending Annex I (Veterinary and phytosanitary matters) to the EEA Agreement
Date: 2009-07-03
Institutions: EEA Joint Committee
Subjects: fodder plant, marketing restriction, oleaginous plant, seed, textile plant




L_2009277EN.01002501.xml










22.10.2009   


EN


Official Journal of the European Union


L 277/25








            DECISION OF THE EEA JOINT COMMITTEE
         
No 77/2009
of 3 July 2009
         
amending Annex I (Veterinary and phytosanitary matters) to the EEA Agreement


THE EEA JOINT COMMITTEE,

Having regard to the Agreement on the European Economic Area, as amended by the Protocol adjusting the Agreement on the European Economic Area, hereinafter referred to as ‘the Agreement’, and in particular Article 98 thereof,

Whereas:







(1)


Annex I to the Agreement was amended by Decision of the EEA Joint Committee No 25/2009 of 17 March 2009 (1).












(2)


Commission Directive 2008/124/EC of 18 December 2008 limiting the marketing of seed of certain species of fodder plants and oil and fibre plants to seed which has been officially certified as ‘basic seed’ or ‘certified seed’ (Codified version) (2) is to be incorporated into the Agreement.












(3)


Directive 2008/124/EC repeals Commission Directives 75/502/EEC (3) and 86/109/EEC (4) which are incorporated into the Agreement and are therefore to be repealed under the Agreement.












(4)


This Decision is not to apply to Liechtenstein,





HAS DECIDED AS FOLLOWS:



Article 1
Part 2 of Chapter III of Annex I to the Agreement shall be amended as follows:






1.


the text of points 1 (Commission Directive 75/502/EEC) and 4 (Commission Directive 86/109/EEC) shall be deleted;










2.


the following point shall be inserted after point 52 (Commission Directive 2008/62/EC):






‘53.



32008 L 0124: Commission Directive 2008/124/EC of 18 December 2008 limiting the marketing of seed of certain species of fodder plants and oil and fibre plants to seed which has been officially certified as “basic seed” or “certified seed” (Codified version) (OJ L 340, 19.12.2008, p. 73).’










Article 2
The text of Directive 2008/124/EC in the Icelandic and Norwegian languages, to be published in the EEA Supplement to the Official Journal of the European Union, shall be authentic.


Article 3
This Decision shall enter into force on 4 July 2009, provided that all the notifications under Article 103(1) of the Agreement have been made to the EEA Joint Committee (*1).


Article 4
This Decision shall be published in the EEA Section of, and in the EEA Supplement to, the Official Journal of the European Union.




Done at Brussels, 3 July 2009.


For the EEA Joint Committee


The President

Oda Helen SLETNES
            





(1)  
            OJ L 130, 28.5.2009, p. 15.

(2)  
            OJ L 340, 19.12.2008, p. 73.

(3)  
            OJ L 228, 29.8.1975, p. 26.

(4)  
            OJ L 93, 8.4.1986, p. 21.

(*1)  No constitutional requirements indicated.
Decision of the EEA Joint Committee No 84/2009 of 3 July 2009 amending Annex XIII (Transport) to the EEA Agreement
Date: 2009-07-03
Institutions: EEA Joint Committee
Subjects: International Maritime Organisation, environmental protection, harbour installation, international convention, maritime transport, navigational code, transport safety




L_2009277EN.01003601.xml










22.10.2009   


EN


Official Journal of the European Union


L 277/36








            DECISION OF THE EEA JOINT COMMITTEE
         
No 84/2009
of 3 July 2009
         
amending Annex XIII (Transport) to the EEA Agreement


THE EEA JOINT COMMITTEE,

Having regard to the Agreement on the European Economic Area, as amended by the Protocol adjusting the Agreement on the European Economic Area, hereinafter referred to as ‘the Agreement’, and in particular Article 98 thereof,

Whereas:







(1)


Annex XIII to the Agreement was amended by Decision of the EEA Joint Committee No 71/2009 of 29 May 2009 (1).












(2)


Commission Decision 2009/83/EC of 23 January 2009 amending Regulation (EC) No 725/2004 of the European Parliament and of the Council as far as the IMO Unique Company and Registered Owner Identification Number Scheme is concerned (2) is to be incorporated into the Agreement,





HAS DECIDED AS FOLLOWS:



Article 1
The following shall be added in point 56bb (Regulation (EC) No 725/2004 of the European Parliament and of the Council) of Annex XIII to the Agreement:

                  ‘as amended by:






—



32009 D 0083: Commission Decision 2009/83/EC of 23 January 2009 (OJ L 29, 31.1.2009, p. 53).’
                     






Article 2
The text of Decision 2009/83/EC in the Icelandic and Norwegian languages, to be published in the EEA Supplement to the Official Journal of the European Union, shall be authentic.


Article 3
This Decision shall enter into force on 4 July 2009, provided that all the notifications under Article 103(1) of the Agreement have been made to the EEA Joint Committee (*1).


Article 4
This Decision shall be published in the EEA Section of, and in the EEA Supplement to, the Official Journal of the European Union.




Done at Brussels, 3 July 2009.


For the EEA Joint Committee


The President

Oda Helen SLETNES
            





(1)  
            OJ L 232, 3.9.2009, p. 28.

(2)  
            OJ L 29, 31.1.2009, p. 53.

(*1)  No constitutional requirements indicated.
Decision of the EEA Joint Committee No 85/2009 of 3 July 2009 amending Annex XIII (Transport) to the EEA Agreement
Date: 2009-07-03
Institutions: EEA Joint Committee
Subjects: Eurocontrol, International Civil Aviation Organisation, air traffic, air transport, data transmission, disclosure of information




L_2009277EN.01003701.xml










22.10.2009   


EN


Official Journal of the European Union


L 277/37








            DECISION OF THE EEA JOINT COMMITTEE
         
No 85/2009
of 3 July 2009
         
amending Annex XIII (Transport) to the EEA Agreement


THE EEA JOINT COMMITTEE,

Having regard to the Agreement on the European Economic Area, as amended by the Protocol adjusting the Agreement on the European Economic Area, hereinafter referred to as ‘the Agreement’, and in particular Article 98 thereof,

Whereas:







(1)


Annex XIII to the Agreement was amended by Decision of the EEA Joint Committee No 71/2009 of 29 May 2009 (1).












(2)


Regulation (EC) No 549/2004 of the European Parliament and of the Council of 10 March 2004 laying down the framework for the creation of the single European sky, Regulation (EC) No 550/2004 of the European Parliament and of the Council of 10 March 2004 on the provision of air navigation services in the single European sky, Regulation (EC) No 551/2004 of the European Parliament and of the Council of 10 March 2004 on the organisation and use of the airspace in the single European sky, and Regulation (EC) No 552/2004 of the European Parliament and of the Council of 10 March 2004 on the interoperability of the European Air Traffic Management network were incorporated into the Agreement by Decision of the EEA Joint Committee No 67/2006 (2) of 2 June 2006, with country specific adaptations.












(3)


Commission Regulation (EC) No 29/2009 of 16 January 2009 laying down requirements on data link services for the single European sky (3) is to be incorporated into the Agreement,





HAS DECIDED AS FOLLOWS:



Article 1
The following point shall be inserted after point 66wf (Commission Regulation (EC) No 482/2008) of Annex XIII to the Agreement:






‘66wg.



32009 R 0029: Commission Regulation (EC) No 29/2009 of 16 January 2009 laying down requirements on data link services for the single European sky (OJ L 13, 17.1.2009, p. 3).’






Article 2
The text of Regulation (EC) No 29/2009 in the Icelandic and Norwegian languages, to be published in the EEA Supplement to the Official Journal of the European Union, shall be authentic.


Article 3
This Decision shall enter into force on 4 July 2009, provided that all the notifications under Article 103(1) of the Agreement have been made to the EEA Joint Committee (*1).


Article 4
This Decision shall be published in the EEA Section of, and in the EEA Supplement to, the Official Journal of the European Union.




Done at Brussels, 3 July 2009.


For the EEA Joint Committee


The President

Oda Helen SLETNES
            





(1)  
            OJ L 232, 3.9.2009, p. 28.

(2)  
            OJ L 245, 7.9.2006, p. 18.

(3)  
            OJ L 13, 17.1.2009, p. 3.

(*1)  No constitutional requirements indicated.
Case C-243/09: Reference for a preliminary ruling from the Verwaltungsgericht Halle (Germany) lodged on 3 July 2009 — Günter Fuβ v Stadt Halle (Saale)
Date: 2009-07-03
Institutions: Court of Justice
Subjects: Germany, arrangement of working time, damage, interpretation of the law, pay cut, working time








C_2009233EN.01000401.xml










26.9.2009   


EN


Official Journal of the European Union


C 233/4





Reference for a preliminary ruling from the Verwaltungsgericht Halle (Germany) lodged on 3 July 2009 — Günter Fuβ v Stadt Halle (Saale)
(Case C-243/09)
2009/C 233/06
Language of the case: German

Referring court

Verwaltungsgericht Halle

Parties to the main proceedings


Applicant: Günter Fuβ

Defendant: Stadt Halle (Saale)

Questions referred







1.


Is the concept of detriment in Article 22(1)(b) of Directive 2003/88/EC of the European Parliament and of the Council of 4 November 2003 (1) concerning certain aspects of the organisation of working time to be construed objectively or subjectively?










2.


Is there detriment within the meaning of Article 22(1)(b) of Directive 2003/88/EC of the European Parliament and of the Council of 4 November 2003 concerning certain aspects of the organisation of working time if, as a result of having requested that the maximum working time in future be complied with, an employee in the on-call service is transferred, against his will, to a different post that largely involves office duties?










3.


Is a fall in remuneration to be construed as detriment within the meaning of Article 22(1)(b) of Directive 2003/88/EC of the European Parliament and of the Council of 4 November 2003 concerning certain aspects of the organisation of working time if, as a result of the transfer, fewer unsocial hours (nights, Sundays and public holidays) are worked and the amount of the hardship allowance paid in respect of such hours is therefore also reduced?










4.


In the event that the second or third questions are answered in the affirmative: can detriment resulting from a transfer be offset by other advantages inherent in the new post, such as shorter working hours or further training?






(1)  OJ 2003 L 299, p. 9.
Euro exchange rates
Date: 2009-07-03
Institutions: European Commission
Subjects: euro, exchange rate








C_2009151EN.01002301.xml










3.7.2009   


EN


Official Journal of the European Union


C 151/23





Euro exchange rates (1)

2 July 2009
2009/C 151/06

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,4049




JPY


Japanese yen


135,95




DKK


Danish krone


7,4460




GBP


Pound sterling


0,85730




SEK


Swedish krona


10,8400




CHF


Swiss franc


1,5235




ISK


Iceland króna


 




NOK


Norwegian krone


8,9375




BGN


Bulgarian lev


1,9558




CZK


Czech koruna


25,755




EEK


Estonian kroon


15,6466




HUF


Hungarian forint


268,45




LTL


Lithuanian litas


3,4528




LVL


Latvian lats


0,7005




PLN


Polish zloty


4,3543




RON


Romanian leu


4,2062




TRY


Turkish lira


2,1489




AUD


Australian dollar


1,7525




CAD


Canadian dollar


1,6201




HKD


Hong Kong dollar


10,8879




NZD


New Zealand dollar


2,2168




SGD


Singapore dollar


2,0377




KRW


South Korean won


1 783,80




ZAR


South African rand


10,9708




CNY


Chinese yuan renminbi


9,5974




HRK


Croatian kuna


7,2992




IDR


Indonesian rupiah


14 374,42




MYR


Malaysian ringgit


4,9452




PHP


Philippine peso


67,569




RUB


Russian rouble


43,8009




THB


Thai baht


47,900




BRL


Brazilian real


2,7222




MXN


Mexican peso


18,4393




INR


Indian rupee


67,3580






(1)  Source: reference exchange rate published by the ECB.