do-me/EUR-LEX huggingface dataset:
Commission Regulation (EU) No 1134/2012 of 28 November 2012 establishing a prohibition of fishing for mackerel in VIIIc, IX and X; EU waters of CECAF 34.1.1 by vessels flying the flag of Portugal
Date: 2012-11-28
Institutions: European Commission
Subjects: Atlantic Ocean, EU waters, Portugal, catch by species, catch quota, fishing rights, sea fish, ship's flag








L_2012331EN.01002701.xml










1.12.2012   


EN


Official Journal of the European Union


L 331/27








            COMMISSION REGULATION (EU) No 1134/2012
of 28 November 2012
         
establishing a prohibition of fishing for mackerel in VIIIc, IX and X; EU waters of CECAF 34.1.1 by vessels flying the flag of Portugal


THE EUROPEAN COMMISSION,

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


Having regard to Council Regulation (EC) No 1224/2009 of 20 November 2009 establishing a Community control system for ensuring compliance with the rules of the common fisheries policy (1), and in particular Article 36(2) thereof,

Whereas:







(1)


Council Regulation (EU) No 44/2012 of 17 January 2012 fixing for 2012 the fishing opportunities available in EU waters and, to EU vessels, in certain non- EU waters for certain fish stocks and groups of fish stocks which are subject to international negotiations or agreements (2), lays down quotas for 2012.












(2)


According to the information received by the Commission, catches of the stock referred to in the Annex to this Regulation by vessels flying the flag of or registered in the Member State referred to therein have exhausted the quota allocated for 2012.












(3)


It is therefore necessary to prohibit fishing activities for that stock,





HAS ADOPTED THIS REGULATION:



Article 1

Quota exhaustion

The fishing quota allocated to the Member State referred to in the Annex to this Regulation for the stock referred to therein for 2012 shall be deemed to be exhausted from the date set out in that Annex.


Article 2

Prohibitions

Fishing activities for the stock referred to in the Annex to this Regulation by vessels flying the flag of or registered in the Member State referred to therein shall be prohibited from the date set out in that Annex. In particular it shall be prohibited to retain on board, relocate, tranship or land fish from that stock caught by those vessels after that date.


Article 3

Entry into force

This Regulation shall enter into force on the day following that of 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, 28 November 2012.


For the Commission, On behalf of the President,
Lowri EVANS
            

Director-General for Maritime Affairs and Fisheries






(1)  
            OJ L 343, 22.12.2009, p. 1.

(2)  
            OJ L 25, 27.1.2012, p. 55.




ANNEX






No


69/TQ44




Member State


Portugal




Stock


MAC/8C3411




Species


Mackerel (Scomber scombrus)




Zone


VIIIc, IX and X; EU waters of CECAF 34.1.1




Date


6.11.2012
Commission Implementing Regulation (EU) No 1118/2012 of 28 November 2012 entering a name in the register of protected designations of origin and protected geographical indications (东山白芦笋 (Dongshan Bai Lu Sun) (PGI))
Date: 2012-11-28
Institutions: European Commission
Subjects: China, designation of origin, perennial vegetable, product designation




L_2012330EN.01001201.xml










30.11.2012   


EN


Official Journal of the European Union


L 330/12








            COMMISSION IMPLEMENTING REGULATION (EU) No 1118/2012
of 28 November 2012
         
entering a name in the register of protected designations of origin and protected geographical indications (

 (Dongshan Bai Lu Sun) (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) of Regulation (EC) No 510/2006, China’s application to register the name ‘



 (Dongshan Bai Lu Sun)’ 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 twentieth day following that of 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, 28 November 2012.


For the Commission, On behalf of the President,
Dacian CIOLOȘ
            

Member of the Commission






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

(2)  
            OJ C 99, 3.4.2012, p. 14.




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

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

CHINA



 (Dongshan Bai Lu Sun) (PGI)
Calls for proposals under the multi-annual work programme 2012 for grants in the field of the Trans-European Transport Network (TEN-T) for the period 2007-2013 (Commission Decision C(2012) 1574 as amended by Commission Decision C(2012) 8508)
Date: 2012-11-28
Institutions: European Commission
Subjects: Community trunk route, EU programme, economic support, invitation to tender, transport network








C_2012368EN.01001601.xml










28.11.2012   


EN


Official Journal of the European Union


C 368/16





Calls for proposals under the multi-annual work programme 2012 for grants in the field of the Trans-European Transport Network (TEN-T) for the period 2007-2013
(Commission Decision C(2012) 1574 as amended by Commission Decision C(2012) 8508)
2012/C 368/08
The European Commission, Directorate-General for Mobility and Transport is hereby launching six calls for proposals, under the multi-annual work programme for the Trans-European Transport Network (TEN-T) for the period 2007-2013, in order to award grants to the following fields:






—


Priority Projects concerning rail, road and inland waterways (PPs) — the indicative amount available for the selected proposals is EUR 731 million,










—


European Rail Traffic Management Systems (ERTMS) — the indicative amount available for the selected proposals is EUR 100 million,










—


River Information Services (RIS) — the indicative amount available for the selected proposals is EUR 10 million,










—


Air Traffic Management (ATM) — the indicative amount available for the selected proposals is EUR 50 million,










—


Motorways of the Sea (MoS) — the indicative amount available for the selected proposals is EUR 80 million,










—


Intelligent Transport Systems (ITS) including the European Electronic Toll Service (EETS) — the indicative amount available for the selected proposals is EUR 50 million.




The deadline for the submission of proposals is 28 February 2013.
The complete texts of the calls for proposals are available on:
http://tentea.ec.europa.eu/en/apply_for_funding/follow_the_funding_process/calls_for_proposals_2012.htm
Case T-100/10: Order of the General Court (Sixth Chamber) of 28 November 2012 — Nordzucker v Commission
Date: 2012-11-28
Institutions: General Court
Subjects: Germany, production aid, production refund, sugar, sugar levy








C_2013026EN.01006901.xml










26.1.2013   


EN


Official Journal of the European Union


C 26/69





Order of the General Court (Sixth Chamber) of 28 November 2012 — Nordzucker v Commission
(Case T-100/10) (1)

2013/C 26/135
Language of the case: German
The President of the Sixth Chamber has ordered that the case be removed from the register.


(1)  OJ C 113, 1.5.2010.
Corrigendum to Commission Implementing Decision 2012/119/EU of 10 February 2012 laying down rules concerning guidance on the collection of data and on the drawing up of BAT reference documents and on their quality assurance referred to in Directive 2010/75/EU of the European Parliament and of the Council on industrial emissions ( OJ L 63, 2.3.2012 )
Date: 2012-11-28
Institutions: European Commission
Subjects: air quality, data collection, disclosure of information, environmental monitoring, exchange of information, industrial pollution, input-output analysis, production technique, technical specification




L_2012328EN.01002701.xml










28.11.2012   


EN


Official Journal of the European Union


L 328/27







Corrigendum to Commission Implementing Decision 2012/119/EU of 10 February 2012 laying down rules concerning guidance on the collection of data and on the drawing up of BAT reference documents and on their quality assurance referred to in Directive 2010/75/EU of the European Parliament and of the Council on industrial emissions
(
Official Journal of the European Union L 63 of 2 March 2012
)

On page 39, Appendix 2, the workflow should read as follows:



Typical workflow for the drawing up and review of BREFs
New BREF or BREF review with major scope expansion
Activation call of TWG (new BREF)
or
TWG reactivation and call for ‘wishes’ (BREF review)
3 months (new BREF)
5 months (BREF review)
TWG kick-off meeting
6 months
Information
6 months (new BREF)
4 – 6 months (BREF review)
RAI
Draft 1 (D1)
2 – 3 months
TWG comments
RAI
5 – 7 months
(revised) draft
BAT conclusions
Draft 2 (D2)
RAI
2 – 3 months
TWG comments
RAI
3 – 5 months
Chap. 3, 4, 5
Final TWG meeting
4 months
Final draft
Total: 31 – 39 months
1st review of a BREF without major scope expansion
TWG reactivation and call for ‘wishes’
5 months
TWG kick-off meeting
6 months
Information
4 – 6 months
RAI
Draft 1 (D1)
(revised) draft
BAT conclusions
RAI
2 – 3 months
TWG comments
Draft 2?
yes
RAI
3 – 7 months
no
Draft 2 (D2)
2 – 3 months
3 – 5 months
TWG comments
3 – 5 months
RAI
Chap. 3, 4, 5
Final TWG meeting
4 months
Final draft
Total: 29 – 39 months (with D2)
24 – 29 months (without D2)
subsequent review of a BREF without major scope expansion
TWG reactivation and call for ‘wishes’
5 months
TWG kick-off meeting
6 months
Information
RAI
4 – 6 months
Draft 1 (D1)
(revised) draft
BAT conclusions
RAI
2 – 3 months
TWG comments
RAI
3 – 5 months
Chap. 3, 4, 5
Final TWG meeting
4 months
Final draft
Total: 24 – 29 months
Rai: request for additional information from the EIPPCB to the TWG (if this is considered necessary)
Chap. 3, 4, 5: Update of at least Chapters 3, 4 and 5
Opinion of the Advisory Committee on restrictive agreements and dominant position given at its meeting of 28 November 2012 regarding a draft decision relating to Case COMP/39.230 — Rio Tinto Alcan — Rapporteur: The Netherlands
Date: 2012-11-28
Institutions: Advisory Committee on Restrictive Practices and Dominant Positions
Subjects: aluminium, dominant position, hoisting equipment, patents licence, restriction on competition








C_2013089EN.01000301.xml










27.3.2013   


EN


Official Journal of the European Union


C 89/3





Opinion of the Advisory Committee on restrictive agreements and dominant position given at its meeting of 28 November 2012 regarding a draft decision relating to Case COMP/39.230 — Rio Tinto Alcan
Rapporteur: The Netherlands
2013/C 89/04






1.


The Advisory Committee shares the competition concerns raised by the Commission in its draft decision.










2.


The Advisory Committee agrees with the Commission that the behaviour may have effects on trade between Member States.










3.


The Advisory Committee agrees that the revised commitment proposal submitted by Rio Tinto Alcan addresses the competition concerns raised by the Commission.










4.


The Advisory Committee agrees that the commitments are adequate.










5.


The Advisory Committee agrees with the duration of the commitments.










6.


The Advisory Committee agrees that the commitments should be made binding in full.










7.


The Advisory Committee agrees that in light of the commitments and without prejudice to Article 9(2) of Regulation (EC) No 1/2003 there are no longer grounds for action by the Commission against Rio Tinto Alcan as regards the competition concerns identified in the draft decision.










8.


The Advisory Committee asks the Commission to take into account any other points raised during the discussion.










9.


The Advisory Committee recommends the publication of its opinion in the Official Journal of the European Union.
2012/744/EU: Council Decision taken by common accord with the President of the Commission of 28 November 2012 appointing a new Member of the European Commission
Date: 2012-11-28
Institutions: Council of the European Union
Subjects: European Commission, appointment of members








L_2012332EN.01002101.xml










4.12.2012   


EN


Official Journal of the European Union


L 332/21








            COUNCIL DECISION
         
taken by common accord with the President of the Commission
of 28 November 2012
         
appointing a new Member of the European Commission
(2012/744/EU)


THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular the second paragraph of Article 246 thereof,


Having regard to the opinion of the European Parliament (1),

Whereas:







(1)


On 9 February 2010 the European Council adopted Decision 2010/80/EU (2) appointing the European Commission for the period until 31 October 2014.












(2)


In a letter dated 16 October 2012, Mr José Manuel DURÃO BARROSO, President of the Commission, informed the Council that Mr John DALLI had resigned from his post as a Member of the Commission with immediate effect.












(3)


In accordance with the second paragraph of Article 246 of the Treaty on the Functioning of the European Union, a vacancy caused by resignation shall be filled for the remainder of the Member’s term of office by a new Member of the same nationality.












(4)


A new Member of the Commission should therefore be appointed,





HAS ADOPTED THIS DECISION:



Article 1
By common accord with Mr José Manuel DURÃO BARROSO, President of the Commission, the Council appoints Mr Tonio BORG as Member of the Commission for the remainder of the term of office, which runs until 31 October 2014.


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




Done at Brussels, 28 November 2012.


For the Council


The President

S. ALETRARIS
            





(1)  Opinion of 21 November 2012 (not yet published in the Official Journal).

(2)  
            OJ L 38, 11.2.2010, p. 7.
Commission Implementing Regulation (EU) No 1140/2012 of 28 November 2012 approving non-minor amendments to the specification for a name entered in the register of protected designations of origin and protected geographical indications [Coppia Ferrarese (PGI)]
Date: 2012-11-28
Institutions: European Commission
Subjects: Italy, bread, designation of origin, product designation








L_2012332EN.01000801.xml










4.12.2012   


EN


Official Journal of the European Union


L 332/8








            COMMISSION IMPLEMENTING REGULATION (EU) No 1140/2012
of 28 November 2012
         
approving non-minor amendments to the specification for a name entered in the register of protected designations of origin and protected geographical indications [Coppia Ferrarese (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)


By virtue of the first subparagraph of Article 9(1) of Regulation (EC) No 510/2006, the Commission has examined Italy’s application for the approval of amendments to the specification for the protected geographical indication ‘Coppia Ferrarese’ registered under Commission Regulation (EC) No 2400/96 (2), as amended by Commission Regulation (EC) No 2036/2001 (3).












(2)


Since the amendments in question are not minor within the meaning of Article 9 of Regulation (EC) No 510/2006, the Commission published the amendment application in the Official Journal of the European Union (4), as required by the first subparagraph of Article 6(2) of that Regulation. As no statement of objection under Article 7 of Regulation (EC) No 510/2006 has been received by the Commission, the amendments should be approved,





HAS ADOPTED THIS REGULATION:



Article 1
The amendments to the specification published in the Official Journal of the European Union regarding the name contained in the Annex to this Regulation are hereby approved.


Article 2
This Regulation shall enter into force on the twentieth day following that of 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, 28 November 2012.


For the Commission, On behalf of the President,
Dacian CIOLOȘ
            

Member of the Commission






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

(2)  
            OJ L 327, 18.12.1996, p. 11.

(3)  
            OJ L 275, 18.10.2001, p. 9.

(4)  
            OJ C 75, 14.3.2012, p. 13.




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

Class 2.4.   Bread, pastry, cakes, confectionery, biscuits and other baker’s wares

ITALY
Coppia Ferrarese (PGI)
Case C-541/12: Request for a preliminary ruling from the Verwaltungsgericht Berlin (Germany) lodged on 28 November 2012 — Ralf Schuster v Federal Republic of Germany
Date: 2012-11-28
Institutions: Court of Justice
Subjects: age discrimination, civil servant, indemnification, interpretation of the law, pay, professional experience








C_2013046EN.01001402.xml










16.2.2013   


EN


Official Journal of the European Union


C 46/14





Request for a preliminary ruling from the Verwaltungsgericht Berlin (Germany) lodged on 28 November 2012 — Ralf Schuster v Federal Republic of Germany
(Case C-541/12)
2013/C 46/27
Language of the case: German

Referring court

Verwaltungsgericht Berlin

Parties to the main proceedings


Applicant: Ralf Schuster

Defendant: Federal Republic of Germany

Questions referred







1.


Is European primary and/or secondary law, here in particular Directive 2000/78/EC, (1) to be interpreted as a comprehensive prohibition of unjustified age discrimination, such that it also covers national rules on the remuneration of Federal civil servants?










2.


If Question 1 is answered in the affirmative: does the interpretation of this European primary and/or secondary law mean that a national provision under which the level of the basic pay of a civil servant on establishment of the status of civil servant is substantially dependent on his age and also, in particular, rises according to the duration of civil servant status constitutes direct or indirect age discrimination?










3.


If Question 2 is also answered in the affirmative: does the interpretation of this European primary and/or secondary law preclude the justification of such a national provision by the legislative aim of making payment for professional experience?










4.


If Question 3 is also answered in the affirmative: does the interpretation of European primary and/or secondary law, where a non-discriminatory right to remuneration has not been implemented, permit a legal consequence other than retrospective remuneration of those discriminated against at the highest pay step in their pay grade?
Does the legal consequence of infringement of the prohibition of discrimination in that case follow from European primary and/or secondary law itself, here in particular Directive 2000/78/EC, or does the claim follow only from the point of view of failure to implement the rules of European law in accordance with the claim to State liability under European Union law?










5.


Does the interpretation of European primary and/or secondary law preclude a national measure which makes the claim to (retrospective) payment or compensation dependent on the civil servants’ having enforced that claim in good time?






(1)  Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation (OJ 2000 L 303, p. 16)
Special Report No 15/2012 ‘Management of conflict of interest in selected EU Agencies’
Date: 2012-11-28
Institutions: European Court of Auditors
Subjects: EU office or agency, co-financing, conflict of interest, economic support, fund (EU)








C_2012368EN.01001101.xml










28.11.2012   


EN


Official Journal of the European Union


C 368/11





Special Report No 15/2012 ‘Management of conflict of interest in selected EU Agencies’
2012/C 368/06
The European Court of Auditors hereby informs you that Special Report No 15/2012 ‘Management of conflict of interest in selected EU Agencies’ has just been published.
The report can be accessed for consultation or downloading on the European Court of Auditors' website: http://eca.europa.eu
A hard copy version of the report may be obtained free of charge on request to the Court of Auditors:





European Court of Auditors




Unit ‘Audit: Production of Reports’




12, rue Alcide de Gasperi




1615 Luxembourg




LUXEMBOURG




Tel. +352 4398-1




E-mail: eca-info@eca.europa.eu




or by filling in an electronic order form on EU-Bookshop.
Case T-29/12: Judgment of the General Court of 28 November 2012 — Bauer v OHIM — BenQ Materials (Daxon) (Community trade mark — Opposition proceedings — Application for Community word mark Daxon — Earlier Community word mark DALTON — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009)
Date: 2012-11-28
Institutions: General Court
Subjects: EU trade mark, consumer protection, medicinal product, registered trade mark, trade-mark law








C_2013026EN.01004402.xml










26.1.2013   


EN


Official Journal of the European Union


C 26/44





Judgment of the General Court of 28 November 2012 — Bauer v OHIM — BenQ Materials (Daxon)
(Case T-29/12) (1)

(Community trade mark - Opposition proceedings - Application for Community word mark Daxon - Earlier Community word mark DALTON - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009)
2013/C 26/85
Language of the case: German

Parties


Applicant: Erika Bauer (Schaufling, Germany) (represented by: A. Merz, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: K. Klüpfel, Agent)

Other party to the proceedings before the Board of Appeal of OHIM: BenQ Materials Corp. (Gueishan Taoyuan, Taiwan)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 9 November 2011 (Case R 2191/2010-2) relating to opposition proceedings between Mrs Erika Bauer and BenQ Materials Corp.

Operative part of the judgment

The Court:






1.


Alva Management GmbH is granted leave to be substituted for Mrs Erika Bauer as applicant;










2.


The action is dismissed.










3.


Alva Management is ordered to pay the costs.






(1)  OJ C 80, 17.3.2012.