do-me/EUR-LEX huggingface dataset:
Decision of the EEA Joint Committee No 86/2009 of 3 July 2009 amending Annex XIX (Consumer protection) to the EEA Agreement
Date: 2009-07-03
Institutions: EEA Joint Committee
Subjects: acquisition of property, consumer protection, contract, holiday, real property, time-sharing




L_2009277EN.01003801.xml










22.10.2009   


EN


Official Journal of the European Union


L 277/38








            DECISION OF THE EEA JOINT COMMITTEE
         
No 86/2009
of 3 July 2009
         
amending Annex XIX (Consumer protection) 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 XIX to the Agreement was amended by Decision of the EEA Joint Committee No 16/2009 of 5 February 2009 (1).












(2)


Directive 2008/122/EC of the European Parliament and of the Council of 14 January 2009 on the protection of consumers in respect of certain aspects of timeshare, long-term holiday product, resale and exchange contracts (2) is to be incorporated into the Agreement.












(3)


Directive 2008/122/EC repeals Directive 94/47/EC of the European Parliament and the Council (3), which is incorporated into the Agreement and which is consequently to be repealed under the Agreement,





HAS DECIDED AS FOLLOWS:



Article 1
The text of point 7b (Directive 94/47/EC of the European Parliament and the Council) of Annex XIX to the Agreement shall be replaced by the following:

                  ‘
                  32008 L 0122: Directive 2008/122/EC of the European Parliament and of the Council of 14 January 2009 on the protection of consumers in respect of certain aspects of timeshare, long-term holiday product, resale and exchange contracts (OJ L 33, 3.2.2009, p. 10).’
               


Article 2
The text of Directive 2008/122/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 73, 19.3.2009, p. 53.

(2)  
            OJ L 33, 3.2.2009, p. 10.

(3)  
            OJ L 280, 29.10.1994, p. 83.

(*1)  Constitutional requirements indicated.
Decision of the EEA Joint Committee No 88/2009 of 3 July 2009 amending Annex XX (Environment) to the EEA Agreement
Date: 2009-07-03
Institutions: EEA Joint Committee
Subjects: chemical product, dangerous substance, international convention, production quota, stratospheric pollution, trade restriction




L_2009277EN.01004001.xml










22.10.2009   


EN


Official Journal of the European Union


L 277/40








            DECISION OF THE EEA JOINT COMMITTEE
         
No 88/2009
of 3 July 2009
         
amending Annex XX (Environment) 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 XX to the Agreement was amended by Decision of the EEA Joint Committee No 72/2009 of 29 May 2009 (1).












(2)


Commission Regulation (EC) No 1784/2006 of 4 December 2006 amending Regulation (EC) No 2037/2000 of the European Parliament and of the Council with regard to the use of processing agents (2) is to be incorporated into the Agreement,





HAS DECIDED AS FOLLOWS:



Article 1
The following indent shall be added in point 21aa (Regulation (EC) No 2037/2000 of the European Parliament and of the Council) of Annex XX to the Agreement:






‘—



32006 R 1784: Commission Regulation (EC) No 1784/2006 of 4 December 2006 (OJ L 337, 5.12.2006, p. 3).’






Article 2
The text of Regulation (EC) No 1784/2006 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. 29.

(2)  
            OJ L 337, 5.12.2006, p. 3.

(*1)  No constitutional requirements indicated.
Case C-240/09: Reference for a preliminary ruling from the Najvyšší súd Slovenskej republiky (Slovakia) lodged on 3 July 2009 — Lesoochranárske Zoskupenie VLK v Ministerstvo životného prostredia Slovenskej republiky
Date: 2009-07-03
Institutions: Court of Justice
Subjects: access to information, access to the courts, environmental law, international convention, interpretation of the law, transparency in decision-making








C_2009233EN.01000303.xml










26.9.2009   


EN


Official Journal of the European Union


C 233/3





Reference for a preliminary ruling from the Najvyšší súd Slovenskej republiky (Slovakia) lodged on 3 July 2009 — Lesoochranárske Zoskupenie VLK v Ministerstvo životného prostredia Slovenskej republiky
(Case C-240/09)
2009/C 233/05
Language of the case: Slovak

Referring court

Najvyšší súd Slovenskej republiky

Parties to the main proceedings


Applicant: Lesoochranárske Zoskupenie VLK

Defendant: Ministerstvo životného prostredia Slovenskej republiky

Questions referred







1.


Is it possible to recognise Article 9 and in particular Article 9(3) of the Aarhus Convention, given that the principal objective pursued by that international treaty is to change the classic definition of locus standi by according the status of a party to proceedings to the public, or the public concerned, as having the direct effect of an international treaty (‘self-executing effect’) in a situation where the European Union acceded to that international treaty on 17 February 2005 but to date has not adopted Community legislation in order to transpose the treaty concerned into Community law?










2.


Is it possible to recognise Article 9 and in particular Article 9(3) of the Aarhus Convention, which has become a part of Community law, as having the direct applicability or direct effect of Community law within the meaning of the settled case-law of the Court of Justice?










3.


If the answer to the first of the second question is in the affirmative, is it then possible to interpret Article 9(3) of the Aarhus Convention, given the principal objective pursued by that international treaty, as meaning that it is necessary also to include within the concept ‘act of a public authority’ an act consisting in the delivery of decisions, that is to say, that the right of public access to judicial hearings intrinsically also includes the right to challenge the decision of an administrative body, the unlawfulness of which lies in its effect on the environment?
2009/528/EC,Euratom: Council Decision of 3 July 2009 appointing a new member of the Commission of the European Communities
Date: 2009-07-03
Institutions: Council of the European Union
Subjects: European Commission, European Community, appointment of members








L_2009178EN.01001601.xml










9.7.2009   


EN


Official Journal of the European Union


L 178/16








            COUNCIL DECISION
         
of 3 July 2009
         
appointing a new member of the Commission of the European Communities
(2009/528/EC, Euratom)


THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular the second paragraph of Article 215 thereof,


Having regard to the Treaty establishing the European Atomic Energy Community, and in particular the second paragraph of Article 128 thereof,

Whereas:

In a letter dated 24 June 2009, Ms Danuta HÜBNER resigned from her post as a member of the Commission. She should be replaced for the remainder of her term of office,

HAS DECIDED AS FOLLOWS:



Article 1
Mr Pawel SAMECKI is hereby appointed a member of the Commission for the period from 4 July 2009 to 31 October 2009.


Article 2
This Decision shall take effect on 4 July 2009.


Article 3
This Decision shall be published in the Official Journal of the European Union.




Done at Brussels, 3 July 2009.


For the Council


The President

A. BORG
Decision of the EEA Joint Committee No 83/2009 of 3 July 2009 amending Annex XI (Telecommunication services) to the EEA Agreement
Date: 2009-07-03
Institutions: EEA Joint Committee
Subjects: harmonisation of standards, technical regulations, telecommunications, waveband




L_2009277EN.01003501.xml










22.10.2009   


EN


Official Journal of the European Union


L 277/35








            DECISION OF THE EEA JOINT COMMITTEE
         
No 83/2009
of 3 July 2009
         
amending Annex XI (Telecommunication services) 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 XI to the Agreement was amended by Decision of the EEA Joint Committee No 45/2009 of 9 June 2009 (1).












(2)


Commission Decision 2008/432/EC of 23 May 2008 amending Decision 2006/771/EC on harmonisation of the radio spectrum for use by short-range devices (2), as corrected by OJ L 212, 7.8.2008, p. 15, is to be incorporated into the Agreement,





HAS DECIDED AS FOLLOWS:



Article 1
The following shall be added in point 5cz (Commission Decision 2006/771/EC) of Annex XI to the Agreement:

                  ‘as amended by:






—



32008 D 0432: Commission Decision 2008/432/EC of 23 May 2008 (OJ L 151, 11.6.2008, p. 49), as corrected by OJ L 212, 7.8.2008, p. 15.’
                     






Article 2
The text of Decision 2008/432/EC, as corrected by OJ L 212, 7.8.2008, p. 15, 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 162, 25.6.2009, p. 23.

(2)  
            OJ L 151, 11.6.2008, p. 49.

(*1)  No constitutional requirements indicated.
Commission Regulation (EC) No 580/2009 of 3 July 2009 establishing the standard import values for determining the entry price of certain fruit and vegetables
Date: 2009-07-03
Institutions: European Commission
Subjects: citrus fruit, common agricultural policy, fruit vegetable, import price, pip fruit








L_2009175EN.01000101.xml










4.7.2009   


EN


Official Journal of the European Union


L 175/1








            COMMISSION REGULATION (EC) No 580/2009
of 3 July 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 4 July 2009.




This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 3 July 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 


46,5 




MK 


24,2 




TR 


44,0 




ZZ 


38,2 




0707 00 05 


TR 


87,7 




ZZ 


87,7 




0709 90 70 


TR 


93,5 




ZZ 


93,5 




0805 50 10 


AR 


56,3 




TR 


59,4 




ZA 


55,7 




ZZ 


57,1 




0808 10 80 


AR 


94,1 




BR 


73,3 




CL 


87,5 




CN 


97,8 




NZ 


99,3 




US 


92,3 




UY 


116,5 




ZA 


89,1 




ZZ 


93,7 




0808 20 50 


AR 


89,2 




CL 


80,1 




NZ 


145,3 




ZA 


94,8 




ZZ 


102,4 




0809 10 00 


TR 


208,6 




XS 


120,6 




ZZ 


164,6 




0809 20 95 


SY 


197,7 




TR 


363,3 




ZZ 


280,5 




0809 30 


TR 


198,4 




ZZ 


198,4 




0809 40 05 


IL 


160,5 




ZZ 


160,5 






(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’.
Notification on the minimum height for the operation of mobile communication services on aircraft (MCA services) above parts of Austrian national territory, provided by Austria in accordance with Article 4 of Commission Decision 2008/294/EC
Date: 2009-07-03
Institutions: European Commission
Subjects: air transport, harmonisation of standards, regulation of telecommunications, telecommunications, transmission network, waveband








C_2009151EN.01002401.xml










3.7.2009   


EN


Official Journal of the European Union


C 151/24





Notification on the minimum height for the operation of mobile communication services on aircraft (MCA services) above parts of Austrian national territory, provided by Austria in accordance with Article 4 of Commission Decision 2008/294/EC
2009/C 151/07
For the parts of Austrian national territory situated respectively south or west of the line connecting the geographical coordinates 13° 00′ E/47° 55′ N — 16° 00′ E/47° 52′ N — 16° 02′ E/47° 31′ N — 15° 04′ E/46° 39′ N, the minimum flight altitude is 5 000 m above ground.
As an alternative, systems can be used which measure the minimum flight altitude of 3 000 m above ground from the highest point of a square having sides of 10 or more kilometres in length, or other systems which guarantee at least an equal standard of protection of terrestrial mobile systems. In this case, in accordance with the Decision 2008/294/EC the minimum altitude is 3 000 m above ground, including above the parts of Austrian national territory named above.
Decision of the EEA Joint Committee No 79/2009 of 3 July 2009 amending Annex II (Technical regulations, standards, testing and certification) to the EEA Agreement
Date: 2009-07-03
Institutions: EEA Joint Committee
Subjects: analytical chemistry, consumer protection, cosmetic product, dyestuff, product safety




L_2009277EN.01002901.xml










22.10.2009   


EN


Official Journal of the European Union


L 277/29








            DECISION OF THE EEA JOINT COMMITTEE
         
No 79/2009
of 3 July 2009
         
amending Annex II (Technical regulations, standards, testing and certification) 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 44/2009 of 24 April 2009 (1).












(2)


Commission Directive 2008/88/EC of 23 September 2008 amending Council Directive 76/768/EEC, concerning cosmetic products, for the purpose of adapting Annexes II and III thereto to technical progress (2) is to be incorporated into the Agreement.












(3)


Commission Directive 2008/123/EC of 18 December 2008 amending Council Directive 76/768/EEC, concerning cosmetic products, for the purpose of adapting Annexes II and VII thereto to technical progress (3) is to be incorporated into the Agreement.












(4)


Commission Directive 2009/6/EC of 4 February 2009 amending Council Directive 76/768/EEC, concerning cosmetic products, for the purpose of adapting Annexes II and III thereto to technical progress (4) is to be incorporated into the Agreement,





HAS DECIDED AS FOLLOWS:



Article 1
The following indents shall be added in point 1 (Council Directive 76/768/EEC) of Chapter XVI of Annex II to the Agreement:






‘—



32008 L 0088: Commission Directive 2008/88/EC of 23 September 2008 (OJ L 256, 24.9.2008, p. 12),










—



32008 L 0123: Commission Directive 2008/123/EC of 18 December 2008 (OJ L 340, 19.12.2008, p. 71),










—



32009 L 0006: Commission Directive 2009/6/EC of 4 February 2009 (OJ L 36, 5.2.2009, p. 15).’






Article 2
The texts of Directives 2008/88/EC, 2008/123/EC and 2009/6/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 162, 25.6.2009, p. 22.

(2)  
            OJ L 256, 24.9.2008, p. 12.

(3)  
            OJ L 340, 19.12.2008, p. 71.

(4)  
            OJ L 36, 5.2.2009, p. 15.

(*1)  No constitutional requirements indicated.
Decision of the EEA Joint Committee No 87/2009 of 3 July 2009 amending Annex XX (Environment) to the EEA Agreement
Date: 2009-07-03
Institutions: EEA Joint Committee
Subjects: degree of pollution, environmental standard, groundwater, pollution control, pollution control measures, water analysis, water protection




L_2009277EN.01003901.xml










22.10.2009   


EN


Official Journal of the European Union


L 277/39








            DECISION OF THE EEA JOINT COMMITTEE
         
No 87/2009
of 3 July 2009
         
amending Annex XX (Environment) 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 XX to the Agreement was amended by Decision of the EEA Joint Committee No 72/2009 of 29 May 2009 (1).












(2)


Directive 2006/118/EC of the European Parliament and of the Council of 12 December 2006 on the protection of groundwater against pollution and deterioration (2) is to be incorporated into the Agreement,





HAS DECIDED AS FOLLOWS:



Article 1
The following point shall be inserted after point 13ca (Directive 2000/60/EC of the European Parliament and of the Council) of Annex XX to the Agreement:






‘13caa.



32006 L 0118: Directive 2006/118/EC of the European Parliament and of the Council of 12 December 2006 on the protection of groundwater against pollution and deterioration (OJ L 372, 27.12.2006, p. 19).’






Article 2
The text of Directive 2006/118/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. 29.

(2)  
            OJ L 372, 27.12.2006, p. 19.

(*1)  Constitutional requirements indicated.
Decision of the EEA Joint Committee No 93/2009 of 3 July 2009 amending Protocol 31 to the EEA Agreement, on cooperation in specific fields outside the four freedoms
Date: 2009-07-03
Institutions: EEA Joint Committee
Subjects: EFTA countries, budget, financial year, general budget (EU), single market




L_2009277EN.01004901.xml










22.10.2009   


EN


Official Journal of the European Union


L 277/49








            DECISION OF THE EEA JOINT COMMITTEE
         
No 93/2009
of 3 July 2009
         
amending Protocol 31 to the EEA Agreement, on cooperation in specific fields outside the four freedoms


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 Articles 86 and 98 thereof,

Whereas:







(1)


Protocol 31 to the Agreement was amended by Decision of the EEA Joint Committee No 94/2008 of 4 July 2008 (1).












(2)


It is appropriate to continue the cooperation of the Contracting Parties to the Agreement in the implementation and development of the Internal Market.












(3)


Protocol 31 to the Agreement should therefore be amended in order to allow for this extended cooperation to continue beyond 31 December 2008,





HAS DECIDED AS FOLLOWS:



Article 1
Article 7 of Protocol 31 to the Agreement shall be amended as follows:






1.


the words ‘years 2004, 2005, 2006, 2007 and 2008’ in paragraph 6 shall be replaced by the words ‘years 2004, 2005, 2006, 2007, 2008 and 2009’;










2.


the words ‘years 2006, 2007 and 2008’ in paragraph 7 shall be replaced by the words ‘years 2006, 2007, 2008 and 2009’;










3.


the words ‘year 2008’ in paragraph 8 shall be replaced by the words ‘years 2008 and 2009’.






Article 2
This Decision shall enter into force on the day following the last notification to the EEA Joint Committee under Article 103(1) of the Agreement (*1).
It shall apply from 1 January 2009.


Article 3
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 280, 23.10.2008, p. 36.

(*1)  No constitutional requirements indicated.