do-me/EUR-LEX huggingface dataset:
Request for waiver of the immunity of Mr Marek Siwiec European Parliament decision of 20 October 2009 on the request for waiver of the immunity of Marek Siwiec (2009/2067(IMM))
Date: 2009-10-20
Institutions: European Parliament
Subjects: European Parliament, Poland, Statute for Members of the Parliament, parliamentary immunity, privilege








CE2010265EN.01003101.xml










30.9.2010   


EN


Official Journal of the European Union


CE 265/31





Tuesday 20 October 2009Request for waiver of the immunity of Mr Marek Siwiec
P7_TA(2009)0050
European Parliament decision of 20 October 2009 on the request for waiver of the immunity of Marek Siwiec (2009/2067(IMM))
2010/C 265 E/08

The European Parliament,
having regard to the request for waiver of the immunity of Marek Siwiec, forwarded by the Polish Prosecutor-General on 27 September 2006 and announced in plenary sitting on 10 April 2008,
having heard Marek Siwiec in accordance with Rule 7(3) of its Rules of Procedure,
having regard to Article 10 of the Protocol of 8 April 1965 on the Privileges and Immunities of the European Communities, and Article 6(2) of the Act of 20 September 1976 concerning the election of the members of the European Parliament by direct universal suffrage,
having regard to the judgments of 12 May 1964 and 10 July 1986 (1) of the Court of Justice of the European Communities,
having regard to Article 105 of the Constitution of the Republic of Poland of 2 April 1997,
having regard to Article 7b(1) of the Polish Law of 9 May 1996 on the performance of the mandate of deputy or senator,
having regard to Rules 6(2) and 7 of its Rules of Procedure,
having regard to the report of the Committee on Legal Affairs (A7-0030/2009),






A.


whereas a private prosecution has been brought against Marek Siwiec,










B.


whereas it appears from the timing of the prosecution during an electoral campaign three years after the alleged offences were committed, and from the overtly political aims of the private individual bringing the prosecution, as evidenced in particular by documents presented by that individual himself to the President of Parliament and by the fact that he claims to be acting on behalf of citizens who object in general terms to Mr Siwiec's carrying out a public activity, that the bringing of the criminal proceedings in question constitutes a fumus persecutionis, inasmuch as there are serious reasons to believe that the charges against Mr Siwiec have been brought by a political opponent with the principal aim of undermining his activity as a Member of the European Parliament,










1.


Decides not to waive the immunity of Marek Siwiec;










2.


Instructs its President to forward this decision, and the report of the committee responsible, immediately to the appropriate authority of the Republic of Poland.






(1)  Case 101/63 Wagner v Fohrmann and Krier [1964] ECR 195 and Case 149/85 Wybot v Faure and others [1986] ECR 2391.
Obsolete Council acts in the field of the common agricultural policy * European Parliament legislative resolution of 20 October 2009 on the proposal for a Council regulation repealing certain obsolete Council acts in the field of the Common Agricultural Policy (COM(2009)0377 – C7-0134/2009 – 2009/0103(CNS))
Date: 2009-10-20
Institutions: Committee on Agriculture and Rural Development, European Parliament
Subjects: Community acquis, Council of the European Union, EU law, application of EU law, common agricultural policy, drafting of EU law








CE2010265EN.01003302.xml










30.9.2010   


EN


Official Journal of the European Union


CE 265/33





Tuesday 20 October 2009Obsolete Council acts in the field of the common agricultural policy *
P7_TA(2009)0031
European Parliament legislative resolution of 20 October 2009 on the proposal for a Council regulation repealing certain obsolete Council acts in the field of the Common Agricultural Policy (COM(2009)0377 – C7-0134/2009 – 2009/0103(CNS))
2010/C 265 E/10
(Consultation procedure)

The European Parliament,
having regard to the Commission proposal to the Council (COM(2009)0377),
having regard to Article 37 of the EC Treaty, pursuant to which the Council consulted Parliament (C7-0134/2009),
having regard to Rules 55 and 46(1) of its Rules of Procedure,
having regard to the report of the Committee on Agriculture and Rural Development (A7-0018/2009),






1.


Approves the Commission proposal;










2.


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










3.


Asks the Council to consult Parliament again if it intends to amend the Commission proposal substantially;










4.


Instructs its President to forward its position to the Council and the Commission.
Commission Regulation (EC) No 978/2009 of 20 October 2009 establishing the standard import values for determining the entry price of certain fruit and vegetables
Date: 2009-10-20
Institutions: European Commission
Subjects: agri-monetary policy, citrus fruit, fruit vegetable, grape, import price, pip fruit








L_2009275EN.01000101.xml










21.10.2009   


EN


Official Journal of the European Union


L 275/1








            COMMISSION REGULATION (EC) No 978/2009
of 20 October 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 21 October 2009.




This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 20 October 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 


41,9 




MK 


25,8 




TR 


56,3 




ZZ 


41,3 




0707 00 05 


MK 


31,4 




TR 


112,4 




ZZ 


71,9 




0709 90 70 


TR 


109,4 




ZZ 


109,4 




0805 50 10 


AR 


75,4 




CL 


83,5 




TR 


74,4 




US 


56,3 




ZA 


64,4 




ZZ 


70,8 




0806 10 10 


BR 


219,3 




EG 


80,3 




TR 


125,7 




US 


205,1 




ZZ 


157,6 




0808 10 80 


AU 


175,3 




CL 


114,8 




CN 


78,3 




MK 


16,1 




NZ 


86,9 




US 


111,0 




ZA 


70,8 




ZZ 


93,3 




0808 20 50 


CN 


58,4 




TR 


85,0 




ZA 


70,1 




ZZ 


71,2 






(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’.
Prior notification of a concentration (Case COMP/M.5607 — Avaya/Nortel Enterprise Solutions) Text with EEA relevance
Date: 2009-10-20
Institutions: European Commission
Subjects: economic concentration, exchange of information, information system, investment company, merger control, service, software, telecommunications, type of business








C_2009250EN.01000301.xml










20.10.2009   


EN


Official Journal of the European Union


C 250/3





Prior notification of a concentration
(Case COMP/M.5607 — Avaya/Nortel Enterprise Solutions)
(Text with EEA relevance)
2009/C 250/03






1.


On 13 October 2009 the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertaking Avaya Inc. (‘Avaya’, United States), jointly-controlled by TPG Partners V, L.P and Silver Lake Partners III, L.P (‘TPG’ and ‘SLP’ respectively, United States), acquires within the meaning of Article 3(1)(b) of the Regulation control of certain assets and subsidiaries associated with Nortel's Enterprise Solutions business (‘Nortel ES’, Canada) of the undertaking Nortel Networks Corporation (‘Nortel’, Canada) by way of purchase of assets and securities.










2.


The business activities of the undertakings concerned are:






—


for Avaya: provision of enterprise communication systems, applications and services,










—


for TPG: private equity investments funds,










—


for SLP: private equity investments funds,










—


for Nortel ES: enterprise communication systems, services and solutions.














3.


On preliminary examination, the Commission finds that the notified transaction could fall within the scope of Regulation (EC) No 139/2004. However, the final decision on this point is reserved.










4.


The Commission invites interested third parties to submit their possible observations on the proposed operation to the Commission.
Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax (+32 22964301 or 22967244) or by post, under reference number COMP/M.5607 — Avaya/Nortel Enterprise Solutions, to the following address:





European Commission




Directorate-General for Competition




Merger Registry




1049 Bruxelles/Brussel




BELGIQUE/BELGIË










(1)  OJ L 24, 29.1.2004, p. 1.
Agreement between the EC and Barbados on the short-stay visa waiver * European Parliament legislative resolution of 20 October 2009 on the proposal for a Council decision on the conclusion of the Agreement between the European Community and Barbados on the short-stay visa waiver (COM(2009)0050 – C7-0017/2009 – 2009/0014(CNS))
Date: 2009-10-20
Institutions: Committee on Civil Liberties, Justice and Home Affairs, European Parliament
Subjects: Barbados, EU visa policy, European Union, admission of aliens, ratification of an agreement, residence permit








CE2010265EN.01004401.xml










30.9.2010   


EN


Official Journal of the European Union


CE 265/44





Tuesday 20 October 2009Agreement between the EC and Barbados on the short-stay visa waiver *
P7_TA(2009)0044
European Parliament legislative resolution of 20 October 2009 on the proposal for a Council decision on the conclusion of the Agreement between the European Community and Barbados on the short-stay visa waiver (COM(2009)0050 – C7-0017/2009 – 2009/0014(CNS))
2010/C 265 E/23
(Consultation procedure)

The European Parliament,
having regard to the proposal for a Council decision (COM(2009)0050),
having regard to Article 62(2)(b)(i) and Article 300(2), first subparagraph, first sentence, of the EC Treaty,
having regard to Article 300(3), first subparagraph, of the EC Treaty, pursuant to which the Council consulted Parliament (C7-0017/2009),
having regard to Rules 55 and 90(8) of its Rules of Procedure,
having regard to the report of the Committee on Civil Liberties, Justice and Home Affairs (A7-0013/2009),






1.


Approves the conclusion of the Agreement;










2.


Instructs its President to forward its position to the Council and the Commission, and to the governments and parliaments of the Member States and of Barbados.
Delegation of the tasks of laboratory testing * European Parliament legislative resolution of 20 October 2009 on the proposal for a Council directive amending Directive 2000/29/EC as regards the delegation of the tasks of laboratory testing (COM(2009)0424 – C7-0160/2009 – 2009/0117(CNS))
Date: 2009-10-20
Institutions: Committee on Agriculture and Rural Development, European Parliament
Subjects: EU Member State, delegation of power, health certificate, medical diagnosis, plant health control, plant health legislation, research body, scientific apparatus








CE2010265EN.01003401.xml










30.9.2010   


EN


Official Journal of the European Union


CE 265/34





Tuesday 20 October 2009Delegation of the tasks of laboratory testing *
P7_TA(2009)0032
European Parliament legislative resolution of 20 October 2009 on the proposal for a Council directive amending Directive 2000/29/EC as regards the delegation of the tasks of laboratory testing (COM(2009)0424 – C7-0160/2009 – 2009/0117(CNS))
2010/C 265 E/11
(Consultation procedure)

The European Parliament,
having regard to the Commission proposal to the Council (COM(2009)0424),
having regard to Article 37 of the EC Treaty, pursuant to which the Council consulted Parliament (C7-0160/2009),
having regard to Rules 55 and 46(1) of its Rules of Procedure,
having regard to the report of the Committee on Agriculture and Rural Development (A7-0017/2009),






1.


Approves the Commission proposal;










2.


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










3.


Asks the Council to consult Parliament again if it intends to amend the Commission proposal substantially;










4.


Instructs its President to forward its position to the Council and the Commission.
Case T-89/06: Order of the Court of First Instance of 20 October 2009 — Lebard v Commission (Action for annulment — No legal interest in bringing proceedings — Inadmissibility)
Date: 2009-10-20
Institutions: Court of First Instance
Subjects: European Commission, action for annulment (EU), admissibility, economic concentration, judicial proceedings, merger control








C_2010011EN.01002603.xml










16.1.2010   


EN


Official Journal of the European Union


C 11/26





Order of the Court of First Instance of 20 October 2009 — Lebard v Commission
(Case T-89/06) (1)

(Action for annulment - No legal interest in bringing proceedings - Inadmissibility)
2010/C 11/52
Language of the case: French

Parties


Applicant: Daniel Lebard (Brussels, Belgium) (represented by: M. de Guillenchmidt, lawyer)

Defendant: Commission of the European Communities (represented by: É. Gippini Fournier and F. Amato and, subsequently, M. Gippini Fournier, agents)

Re:

Inter alia, an application for annulment of the decisions of the Commission rejecting, first, the request for a review as to whether the company Aventis had complied with the commitments entered into in connection with the Commission’s decision of 9 August 1999 in Case IV/M.1378 — Hoechst/Rhône-Poulenc, and, second, the application for withdrawal of the Commission’s decision of 13 July 1999 in Case IV/M.1517 — Rhodia/Donau Chemie/Albright & Wilson.

Operative part of the order







1.


The action is dismissed as inadmissible.










2.


Mr Daniel Lebard shall bear his own costs as well as the costs incurred by the Commission of the European Communities.










3.


There is no need to adjudicate on the application for leave to intervene submitted by Valauret SA.






(1)  OJ C 131, 3.6.2006.
Reduced rates of excise duty in Madeira and the Azores * European Parliament legislative resolution of 20 October 2009 on the proposal for a Council decision authorising Portugal to apply reduced rates of excise duty in the autonomous region of Madeira on locally produced and consumed rum and liqueurs and in the autonomous region of the Azores on locally produced and consumed liqueurs and eaux-de-vie (COM(2009)0259 – C7-0104/2009 – 2009/0075(CNS))
Date: 2009-10-20
Institutions: Committee on Regional Development, European Parliament
Subjects: Azores, Madeira, Portugal, alcoholic beverage, excise duty, spirits








CE2010265EN.01003501.xml










30.9.2010   


EN


Official Journal of the European Union


CE 265/35





Tuesday 20 October 2009Reduced rates of excise duty in Madeira and the Azores *
P7_TA(2009)0033
European Parliament legislative resolution of 20 October 2009 on the proposal for a Council decision authorising Portugal to apply reduced rates of excise duty in the autonomous region of Madeira on locally produced and consumed rum and liqueurs and in the autonomous region of the Azores on locally produced and consumed liqueurs and eaux-de-vie (COM(2009)0259 – C7-0104/2009 – 2009/0075(CNS))
2010/C 265 E/12
(Consultation procedure)

The European Parliament,
having regard to the Commission proposal to the Council (COM(2009)0259),
having regard to Article 299(2), of the EC Treaty, pursuant to which the Council consulted Parliament (C7-0104/2009),
having regard to Rules 55 and 46(1) of its Rules of Procedure,
having regard to the report of the Committee on Regional Development (A7-0039/2009),






1.


Approves the Commission proposal;










2.


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










3.


Asks the Council to consult Parliament again if it intends to amend the Commission proposal substantially;










4.


Instructs its President to forward its position to the Council and the Commission.
Appliances burning gaseous fuels ***I European Parliament legislative resolution of 20 October 2009 on the proposal for a directive of the European Parliament and of the Council relating to appliances burning gaseous fuels (codified version) (COM(2007)0633 – C6-0393/2007 – 2007/0225(COD))
Date: 2009-10-20
Institutions: Committee on Legal Affairs, European Parliament
Subjects: codification of EU law, gas appliance, harmonisation of standards, safety standard, technical standard








CE2010265EN.01003601.xml










30.9.2010   


EN


Official Journal of the European Union


CE 265/36





Tuesday 20 October 2009Appliances burning gaseous fuels (codified version) ***I
P7_TA(2009)0035
European Parliament legislative resolution of 20 October 2009 on the proposal for a directive of the European Parliament and of the Council relating to appliances burning gaseous fuels (codified version) (COM(2007)0633 – C6-0393/2007 – 2007/0225(COD))
2010/C 265 E/14
(Codecision procedure – codification)

The European Parliament,
having regard to the Commission proposal to the European Parliament and the Council (COM(2007)0633),
having regard to Article 251(2) and Article 95 of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C6-0393/2007),
having regard to the Interinstitutional Agreement of 20 December 1994 – Accelerated working method for official codification of legislative texts (1),
having regard to Rules 86 and 55 of its Rules of Procedure,
having regard to the report of the Committee on Legal Affairs (A7-0025/2009),






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.
Agreement between the EC and the Bahamas on the short-stay visa waiver * European Parliament legislative resolution of 20 October 2009 on the proposal for a Council decision on the conclusion of the Agreement between the European Community and the Commonwealth of the Bahamas on the short-stay visa waiver (COM(2009)0055 – C7-0014/2009 – 2009/0020(CNS))
Date: 2009-10-20
Institutions: Committee on Civil Liberties, Justice and Home Affairs, European Parliament
Subjects: Bahamas, Commonwealth, EU visa policy, European Union, admission of aliens, free movement of persons, ratification of an agreement, residence permit








CE2010265EN.01004601.xml










30.9.2010   


EN


Official Journal of the European Union


CE 265/46





Tuesday 20 October 2009Agreement between the EC and the Bahamas on the short-stay visa waiver *
P7_TA(2009)0047
European Parliament legislative resolution of 20 October 2009 on the proposal for a Council decision on the conclusion of the Agreement between the European Community and the Commonwealth of the Bahamas on the short-stay visa waiver (COM(2009)0055 – C7-0014/2009 – 2009/0020(CNS))
2010/C 265 E/26
(Consultation procedure)

The European Parliament,
having regard to the proposal for a Council decision (COM(2009)0055),
having regard to Article 62(2)(b)(i) and Article 300(2), first subparagraph, first sentence, of the EC Treaty,
having regard to Article 300(3), first subparagraph, of the EC Treaty, pursuant to which the Council consulted Parliament (C7-0014/2009),
having regard to Rules 55 and 90(8) of its Rules of Procedure,
having regard to the report of the Committee on Civil Liberties, Justice and Home Affairs (A7-0016/2009),






1.


Approves the conclusion of the Agreement;










2.


Instructs its President to forward its position to the Council and the Commission, and to the governments and parliaments of the Member States and of the Commonwealth of the Bahamas.
Protection of workers against asbestos ***I European Parliament legislative resolution of 20 October 2009 on the amended proposal for a directive of the European Parliament and of the Council on the protection of workers from the risks related to exposure to asbestos at work (codified version) (COM(2009)0071 – C7-0206/2009 – 2006/0222(COD))
Date: 2009-10-20
Institutions: Committee on Legal Affairs, European Parliament
Subjects: application of EU law, asbestos, carcinogenic substance, health risk, occupational safety, public health








CE2010265EN.01003801.xml










30.9.2010   


EN


Official Journal of the European Union


CE 265/38





Tuesday 20 October 2009Protection of workers against asbestos (codified version) ***I
P7_TA(2009)0037
European Parliament legislative resolution of 20 October 2009 on the amended proposal for a directive of the European Parliament and of the Council on the protection of workers from the risks related to exposure to asbestos at work (codified version) (COM(2009)0071 – C7-0206/2009 – 2006/0222(COD))
2010/C 265 E/16
(Codecision procedure – codification)

The European Parliament,
having regard to the amended Commission proposal to the European Parliament and the Council (COM(2009)0071),
having regard to Article 251(2) and Article 137(2) of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C7-0206/2009),
having regard to the Interinstitutional Agreement of 20 December 1994 - Accelerated working method for official codification of legislative texts (1),
having regard to Rules 86 and 55 of its Rules of Procedure,
having regard to the report of the Committee on Legal Affairs (A7-0033/2009),






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.