do-me/EUR-LEX huggingface dataset:
Council Decision 2011/536/CFSP of 12 September 2011 amending and extending Decision 2010/452/CFSP on the European Union Monitoring Mission in Georgia (EUMM Georgia)
Date: 2011-09-12
Institutions: Council of the European Union
Subjects: Georgia, common foreign and security policy, fact-finding mission








L_2011236EN.01000701.xml










13.9.2011   


EN


Official Journal of the European Union


L 236/7








            COUNCIL DECISION 2011/536/CFSP
of 12 September 2011
         
amending and extending Decision 2010/452/CFSP on the European Union Monitoring Mission in Georgia (EUMM Georgia)


THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union, and in particular Article 28 and Article 43(2) thereof,

Whereas:







(1)


On 15 September 2008, the Council adopted Joint Action 2008/736/CFSP on the European Union Monitoring Mission in Georgia, EUMM Georgia (1). That Joint Action, as subsequently amended and extended, expired on 14 September 2010.












(2)


On 12 August 2010, the Council adopted Decision 2010/452/CFSP (2) which continued EUMM Georgia for a further 12 months until 14 September 2011.












(3)


On 28 June 2011 the Political and Security Committee (PSC) endorsed recommendations on the review at strategic level on the future of EUMM Georgia.












(4)


EUMM Georgia should be further extended from 15 September 2011 until 14 September 2012 on the basis of its current mandate.












(5)


It is also necessary to lay down the financial reference amount intended to cover the expenditure related to the EUMM Georgia for the period from 15 September 2011 to 14 September 2012.












(6)


The Mission will be conducted in the context of a situation which may deteriorate and could impede the achievement of the objectives of the Union’s external action as set out in Article 21 of the Treaty,





HAS ADOPTED THIS DECISION:



Article 1
Council Decision 2010/452/CFSP is hereby amended as follows:






(1)


in Article 14(1), the following subparagraph is added:
‘The financial reference amount intended to cover the expenditure related to the Mission between 15 September 2011 and 14 September 2012 shall be EUR 23 900 000.’;










(2)


in Article 18, the second paragraph is replaced by the following:
‘It shall expire on 14 September 2012.’.






Article 2
This Decision shall enter into force on the date of its adoption.




Done at Brussels, 12 September 2011.


For the Council


The President

M. DOWGIELEWICZ
            





(1)  
            OJ L 248, 17.9.2008, p. 26.

(2)  
            OJ L 213, 13.8.2010, p. 43.
Commission Implementing Regulation (EU) No 912/2011 of 12 September 2011 establishing the standard import values for determining the entry price of certain fruit and vegetables
Date: 2011-09-12
Institutions: European Commission
Subjects: common organisation of markets, fruit, import (EU), import price, vegetable








L_2011236EN.01000201.xml










13.9.2011   


EN


Official Journal of the European Union


L 236/2








            COMMISSION IMPLEMENTING REGULATION (EU) No 912/2011
of 12 September 2011
         
establishing the standard import values for determining the entry price of certain fruit and vegetables


THE EUROPEAN COMMISSION,

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


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 Implementing Regulation (EU) No 543/2011 of 7 June 2011 laying down detailed rules for the application of Council Regulation (EC) No 1234/2007 in respect of the fruit and vegetables and processed fruit and vegetables sectors (2), and in particular Article 136(1) thereof,

Whereas:

Implementing Regulation (EU) No 543/2011 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 XVI, Part A thereto,

HAS ADOPTED THIS REGULATION:



Article 1
The standard import values referred to in Article 136 of Implementing Regulation (EU) No 543/2011 are fixed in the Annex hereto.


Article 2
This Regulation shall enter into force on 13 September 2011.




This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 12 September 2011.


For the Commission, On behalf of the President,
José Manuel SILVA RODRÍGUEZ
            

Director-General for Agriculture and Rural Development






(1)  
            OJ L 299, 16.11.2007, p. 1.

(2)  
            OJ L 157, 15.6.2011, 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 


AR 


33,3 




ZZ 


33,3 




0707 00 05 


TR 


125,4 




ZZ 


125,4 




0709 90 70 


TR 


130,5 




ZZ 


130,5 




0805 50 10 


AR 


75,4 




CL 


86,3 




MX 


39,8 




TR 


67,0 




UY 


54,7 




ZA 


73,2 




ZZ 


66,1 




0806 10 10 


EG 


156,9 




TR 


110,3 




ZA 


59,8 




ZZ 


109,0 




0808 10 80 


AR 


145,8 




CL 


144,0 




NZ 


100,4 




US 


82,6 




ZA 


87,4 




ZZ 


112,0 




0808 20 50 


AR 


188,5 




CN 


70,0 




TR 


122,6 




ZA 


134,5 




ZZ 


128,9 




0809 30 


TR 


137,9 




ZZ 


137,9 






(1)  Nomenclature of countries laid down by Commission Regulation (EC) No 1833/2006 (OJ L 354, 14.12.2006, p. 19). Code ‘
            ZZ
            ’ stands for ‘of other origin’.
Case C-289/10 P: Order of the Court (Seventh Chamber) of 12 September 2011 — Evropaïki Dynamiki — Proigmena Systimata Tilepikoinonion Pliroforikis kai Tilematikis AE v European Commission (Appeal — Public service contracts — Call for tenders — Analysis, development, maintenance and support of telematic systems for the monitoring of products subject to excise duty — Rejection of the tender — Failure to state reasons for that rejection)
Date: 2011-09-12
Institutions: Court of Justice
Subjects: award of contract, excise duty, invitation to tender, services contract, software








C_2012025EN.01002102.xml










28.1.2012   


EN


Official Journal of the European Union


C 25/21






Order of the Court (Seventh Chamber) of 12 September 2011 — Evropaïki Dynamiki — Proigmena Systimata Tilepikoinonion Pliroforikis kai Tilematikis AE v European Commission
(Case C-289/10 P) (1)

(Appeal - Public service contracts - Call for tenders - Analysis, development, maintenance and support of telematic systems for the monitoring of products subject to excise duty - Rejection of the tender - Failure to state reasons for that rejection)
(2012/C 25/36)
Language of the case: English

Parties


Appellant: Evropaïki Dynamiki — Proigmena Systimata Tilepikoinonion Pliroforikis kai Tilematikis AE (represented by: N. Korogiannakis, dikigoros)

Other party to the proceedings: European Commission (represented by: M. Wilderspin, acting as Agent)

Re:

Appeal against the judgment of the General Court (Third Chamber) of 19 March 2010 in Case T-50/05 Evropaïki Dynamiki v Commission, by which the General Court dismissed an action for annulment of the Commission’s decision of 18 November 2004 rejecting the appellant’s tender in a tendering procedure relating to the analysis, development, maintenance and support of telematic systems to control the movement of products subject to excise duty and awarding the contract to another tenderer

Operative part of the order







1.


The appeal is dismissed.










2.


Evropaïki Dynamiki — Proigmena Systimata Tilepikoinonion Pliroforikis kai Tilematikis AE shall pay the costs.






(1)  OJ C 246, 11.9.2010.
Case T-485/11: Action brought on 12 September 2011 — Akzo Nobel and Akcros Chemicals v Commission
Date: 2011-09-12
Institutions: General Court
Subjects: fundamental rights, liability, thermal equipment








C_2011331EN.01002502.xml










12.11.2011   


EN


Official Journal of the European Union


C 331/25





Action brought on 12 September 2011 — Akzo Nobel and Akcros Chemicals v Commission
(Case T-485/11)
2011/C 331/49
Language of the case: English

Parties


Applicants: Akzo Nobel NV (Amsterdam, The Netherlands) and Akcros Chemicals Ltd (Warwickshire, United Kingdom) (represented by: C. Swaak and R. Wesseling, lawyers)

Defendant: European Commission

Form of order sought







—


Annul in whole or in part Commission Decision of 30 June 2011 amending Decision C(2009) 8682 final 11 November 2009, relating to a proceeding under Article 81 of the EC Treaty (now Article 101 TFEU) and Article 53 of the EEA Agreement (Case COMP/38.589 — Heat Stabilisers), to the extent it was addressed to the applicants;










—


In the alternative, reduce the fine imposed by Article 1, paragraphs 2), 4), 19) and 21) of Commission Decision of 30 June 2011; and










—


Order the Commission to pay the costs of the proceedings.





Pleas in law and main arguments

In support of the action, the applicants rely on three pleas in law.






1.


First plea in law, alleging that the defendant wrongly attributed joint and several liability to the applicants and companies of the Elementis group and wrongly applied the concept of joint and several liability in holding the applicants liable for the share of the fine of the companies pertaining to Elementis group.










2.


Second plea in law, alleging that the defendant wrongly amended the 2009 Decision to the detriment of the applicants (while an action for annulment of the 2009 Decision is pending) in violation of the principles of legal certainty and legitimate expectations.










3.


Third plea in law, alleging that the defendant wrongly amended the 2009 Decision without the adoption of a new supplementary statement of objections, thereby violating the applicants’ rights of deference and in particular the right to be heard.
Case F-98/10: Order of the Civil Service Tribunal (Third Chamber) of 12 September 2011 — Cervelli v Commission (Civil service — Officials — Expatriation allowance — Request for review — Material new facts — Action manifestly inadmissible)
Date: 2011-09-12
Institutions: Civil Service Tribunal
Subjects: European civil service, expatriate worker, indemnification








C_2011362EN.01002403.xml










10.12.2011   


EN


Official Journal of the European Union


C 362/24





Order of the Civil Service Tribunal (Third Chamber) of 12 September 2011 — Cervelli v Commission
(Case F-98/10) (1)

(Civil service - Officials - Expatriation allowance - Request for review - Material new facts - Action manifestly inadmissible)
2011/C 362/42
Language of the case: French

Parties


Applicant: Francesca Cervelli (Brussels, Belgium) (represented by: J.R. García-Gallardo Gil-Fournier and M. Arias Díaz, lawyers)

Defendant: Commission (represented by: J. Currall and D. Martin, Agents)

Re:

Application for annulment of the Commission’s decision refusing to grant the applicant the expatriation allowance.

Operative part of the order







1.


The action is dismissed as manifestly inadmissible.










2.


Ms Cervelli is ordered to bear all the costs.






(1)  OJ C 13, 15.1.2011, p. 42.
Council Decision 2011/538/CFSP of 12 September 2011 amending Decision 2010/565/CFSP on the European Union mission to provide advice and assistance for security sector reform in the Democratic Republic of the Congo (EUSEC RD Congo)
Date: 2011-09-12
Institutions: Council of the European Union
Subjects: Democratic Republic of the Congo, political cooperation, public safety




L_2011236EN.01001001.xml










13.9.2011   


EN


Official Journal of the European Union


L 236/10








            COUNCIL DECISION 2011/538/CFSP
of 12 September 2011
         
amending Decision 2010/565/CFSP on the European Union mission to provide advice and assistance for security sector reform in the Democratic Republic of the Congo (EUSEC RD Congo)


THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union, and in particular Article 28 and Article 43(2) thereof,

Whereas:







(1)


On 21 September 2010, the Council adopted Decision 2010/565/CFSP on the European Union mission to provide advice and assistance for security sector reform in the Democratic Republic of the Congo (EUSEC RD Congo) (1).












(2)


It is necessary to provide a financial reference amount for the Mission for the period from 1 October 2011 to 30 September 2012.












(3)


The Mission will be conducted in the context of a situation which may deteriorate and could impede the achievement of the objectives of the Union’s external action as set out in Article 21 of the Treaty,





HAS ADOPTED THIS DECISION:



Article 1
Decision 2010/565/CFSP is hereby amended as follows:






(1)


Article 5(6) is replaced by the following:

‘6.   The Head of Mission shall collaborate closely, in his area of competence, with the Head of the EU Delegation and the heads of Member States’ missions in Kinshasa.’;











(2)


in Article 9(1), the following subparagraph is added:
‘The financial reference amount intended to cover expenditure related to the Mission for the period from 1 October 2011 to 30 September 2012 shall be EUR 13 600 000.’;










(3)


Article 12(4) is replaced by the following:

‘4.   The Head of the EU Delegation in Kinshasa shall provide local political guidelines for the EUSEC RD Congo mission within the general framework defined by the planning documents.’;











(4)


Article 12(7) is deleted.






Article 2
This Decision shall enter into force on the date of its adoption.




Done at Brussels, 12 September 2011.


For the Council


The President

M. DOWGIELEWICZ
            





(1)  
            OJ L 248, 22.9.2010, p. 59.
Council Act of 12 September 2011 determining the grade and step regarding the extension of the term of office of a Deputy Director of the European Police Office (Europol)
Date: 2011-09-12
Institutions: Council of the European Union
Subjects: Europol, appointment of members, professional career








C_2011278EN.01000301.xml










22.9.2011   


EN


Official Journal of the European Union


C 278/3





COUNCIL ACT
of 12 September 2011
determining the grade and step regarding the extension of the term of office of a Deputy Director of the European Police Office (Europol)
2011/C 278/04
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to its Act of 26 July 2010 extending the term of office of Deputy Director of Europol Mr Eugenio ORLANDI (1),
Having regard to the Europol Staff Establishment Plan for 2010-2012 and in particular point 1.1(C) thereof and the Europol Staff Policy Plan for 2011-2013 and in particular Section 1.2.1 thereof,
HAS DECIDED AS FOLLOWS:
Mr Eugenio ORLANDI, whose term of office as a Deputy Director of Europol has been extended from 1 August 2011 to 31 July 2015, shall be appointed from 1 August 2011 at grade AD 13, step 2.

Done at Brussels, 12 September 2011.


For the Council


The President

M. DOWGIELEWICZ




(1)  OJ C 206, 30.7.2010, p. 1.
Draft amending budget No 5 of the European Union for the financial year 2011 — Council position
Date: 2011-09-12
Institutions: Council of the European Union
Subjects: Council of the European Union, amending budget, draft budget (EU), financial year, general budget (EU)








C_2011271EN.01000701.xml










14.9.2011   


EN


Official Journal of the European Union


C 271/7





Draft amending budget No 5 of the European Union for the financial year 2011 — Council position
2011/C 271/03
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 314 thereof, in conjunction with the Treaty establishing the European Atomic and Energy Community, and in particular Article 106a thereof,
Having regard to Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (1), as last amended by Regulation (EU, Euratom) No 1081/2010 of the European Parliament and of the Council of 24 November 2010 (2), and in particular Article 37 thereof,
Whereas:






—


the Union's budget for the financial year 2011 was definitively adopted on 15 December 2010 (3),










—


on 22 June 2011, the Commission submitted a proposal containing draft amending budget No 5 to the general budget for the financial year 2011,




HAS DECIDED AS FOLLOWS:
Sole Article
The Council's position on draft amending budget No 5 of the European Union for the financial year 2011 was adopted on 12 September 2011.
The full text can be accessed for consultation or downloading on the Council's website: http://www.consilium.europa.eu/

Done at Brussels, 12 September 2011.


For the Council


The President

M. DOWGIELEWICZ




(1)  OJ L 248, 16.9.2002, p. 1, with corrigenda in OJ L 25, 30.1.2003, p. 43 and in OJ L 99, 14.4.2007, p. 18.

(2)  OJ L 311, 26.11.2010, p. 9.

(3)  OJ L 68, 15.3.2011.
Judgment of the Court of 12 September 2011 in Case E-16/10 — Philip Morris Norway AS v the Norwegian State, represented by the Ministry of Health and Care Services (Free movement of goods — Prohibition on the visual display of tobacco products — Articles 11 and 13 EEA — Measures having equivalent effect to quantitative restrictions — Selling arrangements — Protection of public health — Proportionality)
Date: 2011-09-12
Institutions: EFTA Court
Subjects: Norway, display, free movement of goods, marketing, principle of proportionality, public health, smoking, tobacco








C_2012291EN.01001401.xml










27.9.2012   


EN


Official Journal of the European Union


C 291/14





JUDGMENT OF THE COURT
of 12 September 2011
in Case E-16/10
Philip Morris Norway AS v the Norwegian State, represented by the Ministry of Health and Care Services
(Free movement of goods — Prohibition on the visual display of tobacco products — Articles 11 and 13 EEA — Measures having equivalent effect to quantitative restrictions — Selling arrangements — Protection of public health — Proportionality)
2012/C 291/05
In Case E-16/10, Philip Morris Norway AS v the Norwegian State, represented by the Ministry of Health and Care Services — REQUEST to the Court under Article 34 of the Agreement between the EFTA States on the Establishment of a Surveillance Authority and a Court of Justice by Oslo District Court (Oslo tingrett), regarding the interpretation of Articles 11 and 13 of the Agreement on the European Economic Area (EEA), in particular, whether a rule prohibiting the visible display of tobacco products in retail outlets, such as the one established by Norwegian law, constitutes an unlawful restriction pursuant to Article 11 of the EEA Agreement, and, should such a restriction be found to exist, the criteria which are decisive in order to determine if the said display ban is proportionate for the purposes of Article 13 of the EEA Agreement the Court, composed of Carl Baudenbacher, President, Thorgeir Örlygsson (Judge-Rapporteur) and Per Christiansen, Judges, gave judgment on 12 September 2011, the operative part of which is as follows:






1.


A visual display ban on tobacco products, imposed by national legislation of an EEA State, such as the one at issue in the case at hand, constitutes a measure having equivalent effect to a quantitative restriction on imports within the meaning of Article 11 EEA if, in fact, the ban affects the marketing of products imported from other EEA States to a greater degree than that of imported products which were, until recently, produced in Norway.










2.


It is for the national court to identify the aims which the legislation at issue is actually intended to pursue and to decide whether the public health objective of reducing tobacco use by the public in general can be achieved by measures less restrictive than a visual display ban on tobacco products.
Draft amending budget No 4 of the European Union for the financial year 2011 — Council position
Date: 2011-09-12
Institutions: Council of the European Union
Subjects: Council of the European Union, amending budget, draft budget (EU), financial year, general budget (EU)








C_2011271EN.01000601.xml










14.9.2011   


EN


Official Journal of the European Union


C 271/6





Draft amending budget No 4 of the European Union for the financial year 2011 — Council position
2011/C 271/02
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 314 thereof, in conjunction with the Treaty establishing the European Atomic and Energy Community, and in particular Article 106a thereof,
Having regard to Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (1), as last amended by Regulation (EU, Euratom) No 1081/2010 of the European Parliament and of the Council of 24 November 2010 (2), and in particular Article 37 thereof,
Whereas:






—


the Union’s budget for the financial year 2011 was definitively adopted on 15 December 2010 (3),










—


on 17 June 2011, the Commission submitted a proposal containing draft amending budget No 4 to the general budget for the financial year 2011,




HAS DECIDED AS FOLLOWS:
Sole Article
The Council’s position on draft amending budget No 4 of the European Union for the financial year 2011 was adopted on 12 September 2011.
The full text can be accessed for consultation or downloading on the Council’s website: http://www.consilium.europa.eu/

Done at Brussels, 12 September 2011.


For the Council


The President

M. DOWGIELEWICZ




(1)  OJ L 248, 16.9.2002, p. 1, with corrigenda in OJ L 25, 30.1.2003, p. 43 and in OJ L 99, 14.4.2007, p. 18.

(2)  OJ L 311, 26.11.2010, p. 9.

(3)  OJ L 68, 15.3.2011.