do-me/EUR-LEX huggingface dataset:
Control of exports, transfer, brokering and transit of dual use items ***II European Parliament legislative resolution of 29 March 2012 on the Council position at first reading with a view to the adoption of a regulation of the European Parliament and of the Council amending Regulation (EC) No 428/2009 setting up a Community regime for the control of exports, transfer, brokering and transit of dual use items (18144/1/2011 – C7-0070/2012 – 2010/0262(COD))
Date: 2012-03-29
Institutions: Committee on International Trade, European Parliament
Subjects: dual-use good, export (EU), export monitoring, technology transfer, trade restriction, transit








CE2013257EN.01009502.xml










6.9.2013   


EN


Official Journal of the European Union


CE 257/95





Thursday 29 March 2012Control of exports, transfer, brokering and transit of dual use items ***II
P7_TA(2012)0105
European Parliament legislative resolution of 29 March 2012 on the Council position at first reading with a view to the adoption of a regulation of the European Parliament and of the Council amending Regulation (EC) No 428/2009 setting up a Community regime for the control of exports, transfer, brokering and transit of dual use items (18144/1/2011 – C7-0070/2012 – 2010/0262(COD))
2013/C 257 E/18
(Ordinary legislative procedure: second reading)

The European Parliament,






—


having regard to the Council position at first reading (18144/1/2011– C7-0070/2012),










—


having regard to the contribution submitted by the Portuguese Parliament on the draft legislative act,










—


having regard to its position at first reading (1) on the Commission proposal to Parliament and the Council (COM(2010)0509),










—


having regard to Article 294(7) of the Treaty on the Functioning of the European Union,










—


having regard to Rule 72 of its Rules of Procedure,










—


having regard to the recommendation for second reading of the Committee on International Trade (A7-0078/2012),










1.


Approves the Council position at first reading;










2.


Notes that the act is adopted in accordance with the Council position;










3.


Instructs its President to sign the act with the President of the Council, in accordance with Article 297(1) of the Treaty on the Functioning of the European Union;










4.


Instructs its Secretary-General to sign the act, once it has been verified that all the procedures have been duly completed, and, in agreement with the Secretary-General of the Council, to arrange for its publication in the Official Journal of the European Union;










5.


Instructs its President to forward its position to the Council, the Commission and the national parliaments.






(1)  Texts adopted of 13.9.2011, P7_TA(2011)0345.
Case C-607/10: Judgment of the Court (Sixth Chamber) of 29 March 2012 — European Commission v Kingdom of Sweden (Failure of a Member State to fulfil its obligations — Environment — Directive 2008/1/EC — Integrated pollution prevention and control — Conditions for the authorisation of existing installations — Obligation to ensure the operation of such installations in accordance with the requirements of the directive)
Date: 2012-03-29
Institutions: Court of Justice
Subjects: administrative check, pollution control, prevention of pollution








C_2012151EN.01000801.xml










26.5.2012   


EN


Official Journal of the European Union


C 151/8





Judgment of the Court (Sixth Chamber) of 29 March 2012 — European Commission v Kingdom of Sweden
(Case C-607/10) (1)

(Failure of a Member State to fulfil its obligations - Environment - Directive 2008/1/EC - Integrated pollution prevention and control - Conditions for the authorisation of existing installations - Obligation to ensure the operation of such installations in accordance with the requirements of the directive)
2012/C 151/14
Language of the case: Swedish

Parties


Applicant: European Commission (represented by: A. Alcover San Pedro and K. Simonsson, Agents)

Defendant: Kingdom of Sweden (represented by: A. Falk, Agent)

Re:

Failure of a Member State to fulfil obligations — Infringement of Article 5(1) of Directive 2008/1/EC of the European Parliament and of the Council of 15 January 2008 concerning integrated pollution prevention and control (OJ 2008 L 24, p. 8) — Conditions for the authorisation of existing installations — Obligation to ensure that those installations are operated in accordance with the requirements laid down in the directive

Operative part of the judgment

The Court:






1.


Declares that, by failing to take the necessary measures to ensure that the competent national authorities see to it, by means of permits issued in accordance with Articles 6 and 8 of Directive 2008/1/EC of the European Parliament and of the Council of 15 January 2008 concerning integrated pollution prevention and control (Codified version) or, as appropriate, by reconsidering and, where necessary, by updating the conditions, that all existing installations operate in accordance with the requirements of Articles 3, 7, 9, 10 and 13, Article 14(a) and (b) and Article 15(2) of that directive, the Kingdom of Sweden has failed to fulfil its obligations under Article 5(1) of that directive;










2.


Orders the Kingdom of Sweden to pay the costs.






(1)  OJ C 89, 19.3.2011.
Case T-243/07: Judgment of the General Court of 29 March 2012 — Poland v Commission (Agriculture — Common organisation of the markets — Measures to be adopted as a result of the accession of new Member States — 2003 Act of Accession — Determination of surplus stocks of agricultural products other than sugar, and the financial consequences of their elimination — Objective pursued by a provision of primary law — Decision 2007/361/EC)
Date: 2012-03-29
Institutions: General Court
Subjects: Cyprus, Czechia, Estonia, Hungary, Latvia, Lithuania, Malta, Slovakia, Slovenia, accession to the European Union, agricultural surplus, surplus stock








C_2012138EN.01001101.xml










12.5.2012   


EN


Official Journal of the European Union


C 138/11






Judgment of the General Court of 29 March 2012 — Poland v Commission
(Case T-243/07) (1)

(Agriculture - Common organisation of the markets - Measures to be adopted as a result of the accession of new Member States - 2003 Act of Accession - Determination of surplus stocks of agricultural products other than sugar, and the financial consequences of their elimination - Objective pursued by a provision of primary law - Decision 2007/361/EC)
(2012/C 138/17)
Language of the case: Polish

Parties


Applicant: Republic of Poland (represented: initially by E. Ośniecka-Tamecka, subsequently by T. Nowakowski, then by M. Dowgielewicz, and lastly by M. Szpunar, B. Majczyna and D. Krawczyk, acting as Agents)

Defendant: European Commission (represented by: H. Tserepa-Lacombe and A. Szmytkowska, acting as Agents)

Interveners in support of the applicant: Republic of Lithuania (represented by: D. Kriaučiūnas and R. Krasuckaitė, acting as Agents); and Slovak Republic (represented: initially by J. Čorba, and subsequently by B. Ricziová and M. Kianička, acting as Agents)

Re:

Application for annulment of Commission Decision 2007/361/EC of 4 May 2007 on the determination of surplus stocks of agricultural products other than sugar and the financial consequences of their elimination in relation to the accession of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia (OJ 2007 L 138, p. 14), in so far as it relates to the Republic of Poland

Operative part of the judgment

The Court:






1.


Annuls Commission Decision 2007/361/EC of 4 May 2007 on the determination of surplus stocks of agricultural products other than sugar and the financial consequences of their elimination in relation to the accession of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia, in so far as it relates to the Republic of Poland;










2.


Orders the European Commission to bear its own costs and to pay those incurred by the Republic of Poland;










3.


Orders the Slovak Republic and the Republic of Lithuania to bear their own costs.






(1)  OJ C 211, 8.9.2007.
Case C-154/12: Reference for a preliminary ruling from the Tribunal de première instance de Bruxelles (Belgium) lodged on 29 March 2012 — Isera & Scaldis Sugar SA, Philippe Bedoret and Co SPRL, Jean Rigot, Mathieu Vrancken v Bureau d’intervention et de restitution belge (BIRB)
Date: 2012-03-29
Institutions: Court of Justice
Subjects: EU agricultural market, agricultural product, agricultural quota, common organisation of markets, economic discrimination, interpretation of the law, sugar, sugar beet, sugar levy








C_2012174EN.01001801.xml










16.6.2012   


EN


Official Journal of the European Union


C 174/18





Reference for a preliminary ruling from the Tribunal de première instance de Bruxelles (Belgium) lodged on 29 March 2012 — Isera & Scaldis Sugar SA, Philippe Bedoret and Co SPRL, Jean Rigot, Mathieu Vrancken v Bureau d’intervention et de restitution belge (BIRB)
(Case C-154/12)
2012/C 174/27
Language of the case: French

Referring court

Tribunal de première instance de Bruxelles

Parties to the main proceedings


Applicants: Isera & Scaldis Sugar SA, Philippe Bedoret and Co SPRL, Jean Rigot, Mathieu Vrancken

Defendant: Bureau d’intervention et de restitution belge (BIRB)

Questions referred

Is Article 16 of Council Regulation (EC) No 318/2006 of 20 February 2006 on the common organisation of the markets in the sugar sector, (1) now Article 51 of 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, (2) in imposing on the sugar-beet sector a charge of EUR 12 per tonne of the quota sugar, invalid:






—


inasmuch as the legal basis used by the legislature for the introduction of this provision is former Article 37(2)(3) EC, now Article 43(2) TFEU;










—


inasmuch as the legislature, which justified the charge as a measure intended to finance the expenditure of the common organisation of the market in sugar even though it actually funds direct aid and/or is intended to preserve the budget neutrality of the ‘2006 sugar reform’, did not clearly and unequivocally set out the reasons for the introduction of the charge as is required by Article 296 TFEU (former Article 253 EC);










—


inasmuch as the ‘sugar-beet’ industry is the only sector on which such a charge contributing to the general budget of the European Union has been imposed, the charge should be considered as discriminatory both between growers having maintained beet production and those having ceased beet production and between the ‘sugar-beet’ industry and any other agricultural or non-agricultural sector;










—


inasmuch as the charge should be considered as breaching the principle of proportionality in being neither appropriate nor necessary to finance the expenditure of the common organisation of the market in sugar, nor proportionate in relation to the real expenditure and the prospective future expenditure of the common organisation of the market in sugar?






(1)  OJ 2006 L 58, p. 1.

(2)  OJ 2007 L 299, p. 1.
No State aid within the meaning of Article 61(1) of the EEA Agreement
Date: 2012-03-29
Institutions: EFTA Surveillance Authority
Subjects: Norway, State aid, control of State aid, public education, teaching materials








C_2012092EN.01000301.xml










29.3.2012   


EN


Official Journal of the European Union


C 92/3





No State aid within the meaning of Article 61(1) of the EEA Agreement
2012/C 92/03
The EFTA Surveillance Authority considers that the following measure does not constitute State aid within the meaning of Article 61(1) of the EEA Agreement:







Date of adoption of the decision


:


12 October 2011




Case number


:


68123




Decision number


:


311/11/COL




EFTA State


:


Norway




Region


:


Akershus, Aust-Agder, Buskerud, Finnmark, Hedmark, Hordaland, Nordland, Nord-Trøndelag, Møre og Romsdal, Oppland, Rogaland, Sogn og Fjordane, Sør-Trøndelag, Telemark, Troms, Vest-Agder, Vestfold and Østfold




Title (and/or name of the beneficiary)


:


Nasjonal digital læringsarena (NDLA)




Legal basis


:


The legal basis for the funds paid by the Ministry of Education to NDLA is the 2006 state budget resolution of the Stortinget in combination with the delegation of competence to the Ministry of Education to approve applications for grants. The legal basis for the grants from the county municipalities to the NDLA is budget resolution of the participating county municipalities




Objective


:


Public education




Budget


:


NOK 147,9 million (2007-2010)




Economic sectors


:


Development of Learning Material




Name and address of the granting authority


:







Ministry of Education and Research




PO Box 8119 Dep.




0032 Oslo




NORWAY








Other information


:


—




The authentic text of the decision, from which all confidential information has been removed, can be found on the EFTA Surveillance Authority’s website:
http://www.eftasurv.int/state-aid/state-aid-register/
Case C-436/10: Judgment of the Court (Fifth Chamber) of 29 March 2012 (reference for a preliminary ruling from the Cour d’appel, Mons — Belgium) — Belgian State v BLM SA (Sixth VAT Directive — Article 6(2), first paragraph, point (a), and Article 13(B)(b) — Right of deduction — Business assets which belong to a taxable person which is a legal person and which are placed at the disposal of its staff for their private use)
Date: 2012-03-29
Institutions: Court of Justice
Subjects: VAT, basis of tax assessment, property leasing, provision of services, tax exemption, tax relief








C_2012151EN.01000601.xml










26.5.2012   


EN


Official Journal of the European Union


C 151/6





Judgment of the Court (Fifth Chamber) of 29 March 2012 (reference for a preliminary ruling from the Cour d’appel, Mons — Belgium) — Belgian State v BLM SA
(Case C-436/10) (1)

(Sixth VAT Directive - Article 6(2), first paragraph, point (a), and Article 13(B)(b) - Right of deduction - Business assets which belong to a taxable person which is a legal person and which are placed at the disposal of its staff for their private use)
2012/C 151/10
Language of the case: French

Referring court

Cour d’appel, Mons

Parties to the main proceedings


Applicant: Belgian State — SPF Finances

Defendant: BLM SA

Re:

Reference for a preliminary ruling — Cour d’appel de Mons — Interpretation of point (a) of the first paragraph of Articles 6(2) and Article 13B(b) of Sixth Council Directive 77/388/EEC of 17 May 1977 on the harmonisation of the laws of the Member States relating to turnover taxes — Common system of value added tax: uniform basis of assessment (OJ 1997 L 145, p. 1) — Capital asset made available and given over in part for private use by the director of a legal person and his family, where the input tax on that asset is deductible — Exclusion of the right to deduct tax

Operative part of the judgment

Point (a) of the first paragraph of Articles 6(2) and Article 13(B)(b) of the Sixth Council Directive 77/388/EEC of 17 May 1977 on the harmonisation of the laws of the Member States relating to turnover taxes — Common system of value added tax: uniform basis of assessment, as amended by Council Directive 95/7/EC of 10 April 1995, must be interpreted as precluding national legislation which — despite the fact that the characteristics of the leasing or the letting of immovable property for the purposes of Article 13(B)(b) are not present — treats as a supply of services exempt from VAT under that provision the private use, by the staff of a taxable person which is a legal person, of part of a building constructed or owned by virtue of a right in rem in immovable property, held by that taxable person, where the input tax on that business asset is deductible;
It is for the referring court to determine whether, in a situation such as that at issue in the case before it, a finding can be made that there is a letting of immoveable property for the purposes of Article 13(B)(b) of the Sixth Directive.


(1)  OJ C 328, 4.12.2010.
Case C-323/11: Order of the President of the Court of 29 March 2012 — European Commission v Kingdom of Denmark
Date: 2012-03-29
Institutions: Court of Justice
Subjects: Denmark, hydrology, infringement of EU law, inland waters, national implementing measure








C_2012235EN.01001204.xml










4.8.2012   


EN


Official Journal of the European Union


C 235/12





Order of the President of the Court of 29 March 2012 — European Commission v Kingdom of Denmark
(Case C-323/11) (1)

2012/C 235/26
Language of the case: Danish
The President of the Court has ordered that the case be removed from the register.


(1)  OJ C 282, 24.9.2011.
Information communicated by the EFTA States regarding State aid granted under the Act referred to in point 1j of Annex XV of the EEA Agreement (Commission Regulation (EC) No 800/2008 declaring certain categories of aid compatible with the common market in application of Articles 87 and 88 of the Treaty (General Block Exemption Regulation))
Date: 2012-03-29
Institutions: EFTA Surveillance Authority
Subjects: EFTA, Norway, State aid, control of State aid, large business, small and medium-sized enterprises, vocational training








C_2012092EN.01000601.xml










29.3.2012   


EN


Official Journal of the European Union


C 92/6





Information communicated by the EFTA States regarding State aid granted under the Act referred to in point 1j of Annex XV of the EEA Agreement (Commission Regulation (EC) No 800/2008 declaring certain categories of aid compatible with the common market in application of Articles 87 and 88 of the Treaty (General Block Exemption Regulation))
2012/C 92/05
PART I








Aid No


GBER 2/12/TRA




EFTA State


Norway




Granting authority


Name


The Norwegian Labour and Welfare Administration




Address







Postboks 5 St. Olavs plass




0130 Oslo




NORWAY








Webpage


http://www.nav.no




Title of the aid measure


Corporate Internal Training (Bedriftsintern opplæring)




National legal basis (Reference to the relevant national official publication)


Regulation No 1320/2008




Web link to the full text of the aid measure


http://www.lovdata.no/for/sf/ad/xd-20081211-1320.html#map010




Type of measure


Scheme


X




Duration


Scheme


Permanent scheme




Economic sector(s) concerned


All economic sectors eligible to receive aid


X




Type of beneficiary


SME


X




Large enterprises


X




Budget


Annual overall amount of the budget planned under the scheme


Apr. NOK 48 million




Aid instrument (Article 5)


Grant


X




PART II








General objectives (list)


Objectives (list)


Maximum aid intensity in % or maximum aid amount in NOK


SME — bonuses in %




Training aid
(Articles 38-39)


Specific training
(Article 38(1))


25 % for large enterprises and 35 % for SME
The aid can be increased up to 10 % in the case of training of disadvantaged workers, and by 5 % for enterprises within the scope of the regional policy instruments, Zones III and IV. The overall support rate can not exceed 80 %


 




General training
(Article 38(2))


50 % for large enterprises and 70 % for SME
The aid can be increased up to 10 % in the case of training of disadvantaged workers, and by 5 % for enterprises within the scope of the regional policy instruments, Zones III and IV. The overall support rate can not exceed 80 %
Case C-151/12: Action brought on 29 March 2012 — European Commission v Kingdom of Spain
Date: 2012-03-29
Institutions: Court of Justice
Subjects: hydrology, national implementing measure, regions of Spain








C_2012174EN.01001602.xml










16.6.2012   


EN


Official Journal of the European Union


C 174/16





Action brought on 29 March 2012 — European Commission v Kingdom of Spain
(Case C-151/12)
2012/C 174/25
Language of the case: Spanish

Parties


Applicant: European Commission (represented by: G. Valero Jordana and B. Simon, Agents)

Defendant: Kingdom of Spain

Form of order sought







—


Declare that, with regard to its intracommunal river basins, the Kingdom of Spain has failed to fulfil its obligations under Articles 4(8), 7(2) and 10(1) and (2), and Sections 1.3 and 1.4 of Annex V, of Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000 establishing a framework for Community action in the field of water policy; (1)











—


Order the Kingdom of Spain to pay the costs.





Pleas in law and main arguments

The Commission submits that the Kingdom of Spain has incorrectly transposed the provisions of Directive 2000/60/EC referred to in the form of order set out in the application, inasmuch as the Spanish legislation applies only to intercommunal river basins in Spain [whose waters flow through more than one Autonomous Community]. Consequently, those provisions have not been transposed into Spanish law as regards intracommunal river basins (whose waters flow through only one Autonomous Community).


(1)  OJ 2000 L 327, p. 1.
Commission Implementing Regulation (EU) No 283/2012 of 29 March 2012 fixing the standard fee per farm return from the 2012 accounting year of the farm accountancy data network
Date: 2012-03-29
Institutions: European Commission
Subjects: economic accounts for agriculture, farm income, farm return, financial year








L_2012092EN.01001501.xml










30.3.2012   


EN


Official Journal of the European Union


L 92/15








            COMMISSION IMPLEMENTING REGULATION (EU) No 283/2012
of 29 March 2012
         
fixing the standard fee per farm return from the 2012 accounting year of the farm accountancy data network


THE EUROPEAN COMMISSION,

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


Having regard to Council Regulation (EC) No 1217/2009 of 30 November 2009 setting up a network for the collection of accountancy data on the incomes and business operation of agricultural holdings in the European Community (1),


Having regard to Commission Regulation (EEC) No 1915/83 of 13 July 1983 on certain detailed implementing rules concerning the keeping of accounts for the purpose of determining the incomes of agricultural holdings (2), and in particular Article 5(3) thereof,

Whereas:







(1)


Article 5(1) of Regulation (EEC) No 1915/83 provides that a standard fee is to be paid by the Commission to the Member States for each duly completed farm return and forwarded to it within the period prescribed in Article 3 of that Regulation.












(2)


Commission Regulation (EU) No 224/2011 of 7 March 2011 fixing the standard fee per farm return from the 2011 accounting year of the farm accountancy data network (3) fixed the amount of the standard fee for the 2011 accounting year at EUR 157 per farm return. The trend in costs and its effects on the cost of completing the farm return justify a revision of the fee.












(3)


The measures provided for in this Regulation are in accordance with the opinion of the Community Committee for the Farm Accountancy Data Network,





HAS ADOPTED THIS REGULATION:



Article 1
The standard fee provided for in Article 5(1) of Regulation (EEC) No 1915/83 shall be fixed at EUR 160.


Article 2
This Regulation shall enter into force on the third day following that of its publication in the Official Journal of the European Union.
It shall apply from the 2012 accounting year.




This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 29 March 2012.


For the Commission


The President

José Manuel BARROSO
            





(1)  
            OJ L 328, 15.12.2009, p. 27.

(2)  
            OJ L 190, 14.7.1983, p. 25.

(3)  
            OJ L 61, 8.3.2011, p. 1.