do-me/EUR-LEX huggingface dataset:
2010/296/: Commission Decision of 21 May 2010 on the establishment of a Register for Biocidal Products (notified under document C(2010) 3180)  (Text with EEA relevance)
Date: 2010-05-21
Institutions: European Commission
Subjects: chemical product, computer system, market approval, marketing, pharmaceutical product, plant health product








L_2010126EN.01002601.xml










22.5.2010   


EN


Official Journal of the European Union


L 126/26








            COMMISSION DECISION
         
of 21 May 2010
         
on the establishment of a Register for Biocidal Products
(notified under document C(2010) 3180)
(Text with EEA relevance)
(2010/296/EU)


THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,


Having regard to Directive 98/8/EC of the European Parliament and of the Council of 16 February 1998 concerning the placing of biocidal products on the market (1), and in particular Article 18(4) thereof,

Whereas:







(1)


In order to facilitate compliance by the Member States with the requirement to submit the information concerning authorisation and registration of biocidal products set out in Article 18(1) of Directive 98/8/EC, it is appropriate to establish a standardised information system at European Union level, in the form of a Register for Biocidal Products, hereinafter referred to as the ‘Register’.












(2)


To ensure consistency of the data, the Register should be used by all the Member States to enter the information required under Article 18(1) of Directive 98/8/EC.












(3)


As the standardised information system is still under development, it is appropriate to provide for the deferred applicability of this Decision.












(4)


The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on Biocidal Products,





HAS ADOPTED THIS DECISION:



Article 1
A Register for Biocidal Products is established.


Article 2
Member States shall enter the information required under Article 18(1) of Directive 98/8/EC into the Register for Biocidal Products.


Article 3
This Decision shall apply from 1 July 2010.


Article 4
This Decision is addressed to the Member States.




Done at Brussels, 21 May 2010.


For the Commission

Janez POTOČNIK
            

Member of the Commission






(1)  
            OJ L 123, 24.4.1998, p. 1.
Commission Regulation (EU) No 444/2010 of 21 May 2010 entering a name in the register of protected designations of origin and protected geographical indications (Pemento da Arnoia (PGI))
Date: 2010-05-21
Institutions: European Commission
Subjects: Spain, designation of origin, leaf vegetable, location of production, originating product, product designation








L_2010126EN.01001201.xml










22.5.2010   


EN


Official Journal of the European Union


L 126/12








            COMMISSION REGULATION (EU) No 444/2010
of 21 May 2010
         
entering a name in the register of protected designations of origin and protected geographical indications (Pemento da Arnoia (PGI))


THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,


Having regard to Council Regulation (EC) No 510/2006 of 20 March 2006 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs (1), and in particular the first subparagraph of Article 7(4) thereof,

Whereas:







(1)


Pursuant to the first subparagraph of Article 6(2) and in accordance with Article 17(2) of Regulation (EC) No 510/2006, Spain’s application to register the name ‘Pemento da Arnoia’ was published in the Official Journal of the European Union (2).












(2)


As no statement of objection under Article 7 of Regulation (EC) No 510/2006 has been received by the Commission, that name should therefore be entered in the register,





HAS ADOPTED THIS REGULATION:



Article 1
The name contained in the Annex to this Regulation is hereby entered in the register.


Article 2
This Regulation shall enter into force on the 20th day following its publication in the Official Journal of the European Union.




This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 21 May 2010.


For the Commission


The President

José Manuel BARROSO
            





(1)  
            OJ L 93, 31.3.2006, p. 12.

(2)  
            OJ C 222, 15.9.2009, p. 16.




ANNEX
Agricultural products intended for human consumption listed in Annex I to the Treaty:

Class 1.6.   Fruit, vegetables and cereals, fresh or processed

SPAIN
Pemento da Arnoia (PGI)
Amendment to the Customs Convention on the international transport of goods under cover of TIR carnets (TIR Convention) of 14 November 1975
Date: 2010-05-21
Institutions: European Union
Subjects: carriage of goods, customs cooperation, customs harmonisation, customs regulations, international convention, international road transport, revision of an agreement, transport document








L_2010125EN.01000101.xml










21.5.2010   


EN


Official Journal of the European Union


L 125/1







Amendment to the Customs Convention on the international transport of goods under cover of TIR carnets (TIR Convention) of 14 November 1975
             (1)

According to the UN Depositary Notification C.N.387.2009.TREATIES-3 the following amendment has entered into force on 1 October 2009 for all Contracting Parties

In Annex 6, the following Explanatory Note is inserted:







‘0.3.


Article 3










0.3(a)(iii)


The provisions of Article 3(a)(iii) do not cover passenger cars (HS code 8703) travelling by their own means. However, passenger cars may be carried under the TIR procedure if transported by means of other vehicles as referred to in subparagraph (a)(i) and (a)(ii) of Article 3.’







(1)  Consolidated text published by Council Decision 2009/477/EC (OJ L 165, 26.6.2009, p. 1).
Case T-232/10: Action brought on 21 May 2010 — Couture Tech Limited v OHMI (representation of an escutcheon containing the globe, a star, the hammer and sickle)
Date: 2010-05-21
Institutions: General Court
Subjects: European Union Intellectual Property Office, action for annulment (EU), communications industry, trade-mark law








C_2010195EN.01002901.xml










17.7.2010   


EN


Official Journal of the European Union


C 195/29





Action brought on 21 May 2010 — Couture Tech Limited v OHMI (representation of an escutcheon containing the globe, a star, the hammer and sickle)
(Case T-232/10)
2010/C 195/46
Language of the case: English

Parties


Applicant: Couture Tech Ltd (Tortola, British Virgin Islands) (represented by: B. Whyatt, Barrister)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)

Form of order sought







—


Annul the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 5 March 2010 in case R 1509/2008-2; and










—


Order the defendant to pay the costs of the proceedings.





Pleas in law and main arguments


Community trade mark concerned: A figurative mark in colour representing an escutcheon with the globe, a star, the hammer and sickle for goods and services in classes 3, 14, 18, 23, 26 and 43 — Community trade mark application No 5585898

Decision of the examiner: Refused registration of the application for a Community trade mark

Decision of the Board of Appeal: Dismissed the appeal

Pleas in law: The applicant advances two pleas in law in support of its application
On the basis of its first plea, the applicant claims that the contested decision infringes Articles 7(1) and 7(2) of Council Regulation No 207/2009, as the Board of Appeal wrongly applied these articles to the Community trade mark application
By its second plea, the applicant considers that the contested decision fails to apply the rules of natural justice by not recognising the applicant's right to legitimate expectations that its Community trade mark application would be registered.
Notice to importers — Imports of tuna from Colombia and El Salvador into the EU
Date: 2010-05-21
Institutions: European Commission
Subjects: Colombia, El Salvador, certificate of origin, frozen product, import (EU), originating product, sea fish








C_2010132EN.01001501.xml










21.5.2010   


EN


Official Journal of the European Union


C 132/15





Notice to importers
Imports of tuna from Colombia and El Salvador into the EU
2010/C 132/05
The European Commission informs European Union operators that there are reasonable doubts concerning the proper application of the preferential treatment and the applicability of the evidence of origin presented in the European Union for canned tuna and frozen tuna loins of HS subheading 1604 14 imported from Colombia and El Salvador.
From various investigations, it results that significant quantities of canned tuna and frozen tuna loins of HS subheading 1604 14 are declared as having origin of Colombia or El Salvador, for which they are not eligible.
Moreover, it cannot be excluded that consignments are imported from other countries benefitting from the generalised system of preferences (GSP) without fulfilling requirements of GSP rules of origin concerning cumulation of origin.
European Union operators declaring and/or presenting documentary evidence of origin for the products mentioned above are therefore advised to take all necessary precautions, since the release of the goods in question for free circulation may give rise to a customs debt and lead to fraud against the European Union financial interests. The possible subsequent entry in the accounts of a customs debt resulting from the above-mentioned circumstances will be covered by the provisions of the fifth subparagraph of Article 220(2)(b) of Council Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs Code (1).


(1)  OJ L 302, 19.10.1992, p. 1.
Commission Regulation (EU) No 443/2010 of 21 May 2010 entering a name in the register of protected designations of origin and protected geographical indications (Piave (PDO))
Date: 2010-05-21
Institutions: European Commission
Subjects: Italy, cheese, designation of origin, location of production, originating product, product designation








L_2010126EN.01001001.xml










22.5.2010   


EN


Official Journal of the European Union


L 126/10








            COMMISSION REGULATION (EU) No 443/2010
of 21 May 2010
         
entering a name in the register of protected designations of origin and protected geographical indications (Piave (PDO))


THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,


Having regard to Council Regulation (EC) No 510/2006 of 20 March 2006 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs (1), and in particular the first subparagraph of Article 7(4) thereof,

Whereas:







(1)


Pursuant to the first subparagraph of Article 6(2) of Regulation (EC) No 510/2006, Italy’s application to register the name ‘Piave’ was published in the Official Journal of the European Union (2).












(2)


As no statement of objection under Article 7 of Regulation (EC) No 510/2006 has been received by the Commission, that name should therefore be entered in the register,





HAS ADOPTED THIS REGULATION:



Article 1
The name contained in the Annex to this Regulation is hereby entered in the register.


Article 2
This Regulation shall enter into force on the 20th day following its publication in the Official Journal of the European Union.




This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 21 May 2010.


For the Commission


The President

José Manuel BARROSO
            





(1)  
            OJ L 93, 31.3.2006, p. 12.

(2)  
            OJ C 234, 29.9.2009, p. 18.




ANNEX
Agricultural products intended for human consumption listed in Annex I to the Treaty:

Class 1.3.   Cheeses

ITALY
Piave (PDO)
Case T-235/10: Action brought on 21 May 2010 — Timehouse v OHIM (Shape of a watch)
Date: 2010-05-21
Institutions: General Court
Subjects: EU trade mark, European Union Intellectual Property Office, Germany, action for annulment, clock and watch industry, trade-mark law








C_2010209EN.01004401.xml










31.7.2010   


EN


Official Journal of the European Union


C 209/44





Action brought on 21 May 2010 — Timehouse v OHIM (Shape of a watch)
(Case T-235/10)
()
2010/C 209/67
Language in which the application was lodged: German

Parties


Applicant: Timehouse GmbH (Eystrup, Germany) (represented by V. Knies, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)

Form of order sought







—


Annul the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 11 March 2010 in case R 0942/2009-1; and










—


Order the defendant to pay the costs.





Pleas in law and main arguments


Community trade mark concerned: A three-dimensional trade mark, representing a watch for goods in Class 14.

Decision of the Examiner: Rejection of the application for registration.

Decision of the Board of Appeal: Dismissal of the appeal.

Pleas in law: Infringement of Article 7(1)(b) and of Council Regulation No 207/2009 (1), as the trade mark is distinctive.


(1)  Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark (OJ 2009 L 78, p. 1).
Commission Regulation (EU) No 442/2010 of 21 May 2010 entering a name in the register of protected designations of origin and protected geographical indications (Aglio di Voghiera (PDO))
Date: 2010-05-21
Institutions: European Commission
Subjects: Italy, bulb vegetable, designation of origin, location of production, originating product, product designation








L_2010126EN.01000801.xml










22.5.2010   


EN


Official Journal of the European Union


L 126/8








            COMMISSION REGULATION (EU) No 442/2010
of 21 May 2010
         
entering a name in the register of protected designations of origin and protected geographical indications (Aglio di Voghiera (PDO))


THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,


Having regard to Council Regulation (EC) No 510/2006 of 20 March 2006 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs (1), and in particular the first subparagraph of Article 7(4) thereof,

Whereas:







(1)


Pursuant to the first subparagraph of Article 6(2) of Regulation (EC) No 510/2006, Italy’s application to register the name ‘Aglio di Voghiera’ was published in the Official Journal of the European Union (2).












(2)


As no statement of objection under Article 7 of Regulation (EC) No 510/2006 has been received by the Commission, that name should therefore be entered in the register,





HAS ADOPTED THIS REGULATION:



Article 1
The name contained in the Annex to this Regulation is hereby entered in the register.


Article 2
This Regulation shall enter into force on the 20th day following its publication in the Official Journal of the European Union.




This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 21 May 2010.


For the Commission


The President

José Manuel BARROSO
            





(1)  
            OJ L 93, 31.3.2006, p. 12.

(2)  
            OJ C 236, 1.10.2009, p. 29.




ANNEX
Agricultural products intended for human consumption listed in Annex I to the Treaty:

Class 1.6.   Fruit, vegetables and cereals, fresh or processed

ITALY
Aglio di Voghiera (PDO)
Communication from the Minister for Economic Affairs of the Kingdom of the Netherlands pursuant to Article 3(2) of Directive 94/22/EC of the European Parliament and of the Council on the conditions for granting and using authorisations for the prospection, exploration and production of hydrocarbons
Date: 2010-05-21
Institutions: Netherlands
Subjects: Netherlands, energy site, exchange of information, exploitation of resources, hydrocarbon, mineral prospecting








C_2010132EN.01001901.xml










21.5.2010   


EN


Official Journal of the European Union


C 132/19





Communication from the Minister for Economic Affairs of the Kingdom of the Netherlands pursuant to Article 3(2) of Directive 94/22/EC of the European Parliament and of the Council on the conditions for granting and using authorisations for the prospection, exploration and production of hydrocarbons
2010/C 132/08
The Minister for Economic Affairs hereby gives notice that an application has been received for authorisation to prospect for hydrocarbons in block T1 as indicated on the map appended as Annex 3 to the Mining Regulation (Mijnbouwregeling) (Government Gazette (Staatscourant) 2002, No 245). The area in question is to be designated block segment F13b.
With reference to the Directive mentioned in the introduction and Article 15 of the Mining Act (Mijnbouwwet) (Bulletin of Acts and Decrees (Staatsblad) 2002, No 542), the Minister for Economic Affairs hereby invites interested parties to submit a competing application for authorisation to prospect for hydrocarbons in block T1 of the Dutch continental shelf.
Block T1 covers an area of 1,3 km2.
The Minister for Economic Affairs is the competent authority for the granting of authorisations. The criteria, conditions and requirements referred to in Articles 5(1), 5(2) and 6(2) of the above-mentioned Directive are set out in the Mining Act (Bulletin of Acts and Decrees 2002, No 542).
Applications may be submitted during the 13 weeks following the publication of this notice in the Official Journal of the European Union and should be sent to:





The Minister for Economic Affairs




For the attention of J.C. De Groot, Director for the Energy Market




ALP/562




Bezuidenhoutseweg 30




Postbus 20101




2500 EC Den Haag




NEDERLAND




Applications received after the expiry of this period will not be considered.
A decision on the applications will be taken no later than 12 months after this period has expired.
Further information can be obtained by calling Mr E.J. Hoppel on the following telephone number: +31 703797088.
Commission Directive 2010/33/EU of 21 May 2010 correcting the Spanish version of Council Directive 2001/112/EC relating to fruit juices and certain similar products intended for human consumption
Date: 2010-05-21
Institutions: European Commission
Subjects: consumer information, food additive, foodstuffs legislation, fruit juice, human nutrition, product designation








L_2010126EN.01002301.xml










22.5.2010   


EN


Official Journal of the European Union


L 126/23








            COMMISSION DIRECTIVE 2010/33/EU
of 21 May 2010
         
correcting the Spanish version of Council Directive 2001/112/EC relating to fruit juices and certain similar products intended for human consumption


THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,


Having regard to Council Directive 2001/112/EC of 20 December 2001 relating to fruit juices and certain similar products intended for human consumption (1), and in particular Article 7 thereof,

Whereas:







(1)


Following the adoption, on 14 August 2009, of Commission Directive 2009/106/EC (2) which amended Council Directive 2001/112/EC, Annex V of the latter Directive now contains an error in the Spanish language version, which needs to be corrected. The other language versions are not affected.












(2)


Directive 2001/112/EC should therefore be corrected accordingly.












(3)


The measures provided for in this Directive are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,





HAS ADOPTED THIS DIRECTIVE:



Article 1
Concerns only the Spanish version.


Article 2
Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive, by 1 January 2011 at the latest. They shall forthwith communicate to the Commission the text of those provisions.
When Member States adopt those measures, they shall contain a reference to this Directive or be accompanied by such reference on the occasion of their official publication. Member States shall determine how such reference is to be made.


Article 3
This Directive shall enter into force on the day following its publication in the Official Journal of the European Union.


Article 4
This Directive is addressed to the Member States.




Done at Brussels, 21 May 2010.


For the Commission


The President

José Manuel BARROSO
            





(1)  
            OJ L 10, 12.1.2002, p. 58.

(2)  
            OJ L 212, 15.8.2009, p. 42.
Case T-236/10: Action brought on 21 May 2010 — Asociación Española de Banca v Commission
Date: 2010-05-21
Institutions: General Court
Subjects: Spain, State aid, action for annulment (EU), control of State aid, fiscal policy








C_2010195EN.01003101.xml










17.7.2010   


EN


Official Journal of the European Union


C 195/31





Action brought on 21 May 2010 — Asociación Española de Banca v Commission
(Case T-236/10)
2010/C 195/49
Language of the case: Spanish

Parties


Applicant: Asociación Española de Banca (Madrid, Spain) (represented by: J. Buendía Sierra, E. Abad Valdenebro, M. Muñoz de Juan and R. Calvo Salinero, lawyers)

Defendant: European Commission

Form of order sought







—


annul Article 1(1) of the contested decision inasmuch as it declares that Article 12(5) of the consolidated text of the Law on Corporation Tax (texto refundido de la Ley del Impuesto sobre Sociedades, TRLIS) involves State aid elements;










—


in the alternative, annul Article 1(1) inasmuch as it declares that Article 12(5) TRLIS involves State aid elements when it applies to acquisitions of shares which entail the acquisition of control;










—


in the alternative, annul Article 4 inasmuch as it applies the recovery order to operations which occurred prior to the publication in the Official Journal of the European Union of the final decision which is the object of the present action, and










—


order the Commission to pay the costs of these proceedings.





Pleas in law and main arguments

The decision against which these proceedings are brought is the same as that contested in Cases T-219/10 Autogrill España v Commission; T-221/10 IBERDROLA v Commission; and T-225/10 BANCO BILBAO VIZCAYA ARGENTARIA v Commission.
The pleas in law and the principal arguments are similar to those relied on in those cases.