do-me/EUR-LEX huggingface dataset:
European Parliament legislative resolution of 15 February 2023 on the draft Council decision authorising Poland to ratify, in the interest of the European Union, the amendment to the Convention on the Conservation and Management of Pollock Resources in the Central Bering Sea (10918/2022 — C9-0293/2022 — 2022/0177(NLE))
Date: 2023-02-15
Institutions: Committee on Fisheries, European Parliament
Subjects: Pacific Ocean, Poland, conservation of fish stocks, fishing agreement, fishing area, international convention, ratification of an agreement, revision of an agreement, sea fish, sustainable fisheries








C_2023283EN.01013001.xml










11.8.2023   


EN


Official Journal of the European Union


C 283/130






P9_TA(2023)0042
Authorising Poland to ratify the amendment to the Convention on the Conservation and Management of Pollock Resources in the Central Bering Sea
European Parliament legislative resolution of 15 February 2023 on the draft Council decision authorising Poland to ratify, in the interest of the European Union, the amendment to the Convention on the Conservation and Management of Pollock Resources in the Central Bering Sea (10918/2022 — C9-0293/2022 — 2022/0177(NLE))
(Consent)
(2023/C 283/25)

The European Parliament,






—


having regard to the draft Council decision (10918/2022),










—


having regard to the request for consent submitted by the Council in accordance with Article 43(2) and Article 218(6), second subparagraph, point (a) of the Treaty on the Functioning of the European Union (C9-0293/2022),










—


having regard to Rule 105(1) and (4), and Rule 114(7) of its Rules of Procedure,










—


having regard to the recommendation of the Committee on Fisheries (A9-0007/2023),












1.


Gives its consent to the authorisation of Poland to ratify the amendment to the Convention on the Conservation and Management of Pollock Resources in the Central Bering Sea;












2.


Instructs its President to forward its position to the Council, the Commission and the governments and parliaments of the Member States.
Commission notice on current State aid recovery interest rates and reference/discount rates applicable as from 1 March 2023 (Published in accordance with Article 10 of Commission Regulation (EC) No 794/2004 (OJ L 140, 30.4.2004, p. 1.)) 2023/C 56/06
Date: 2023-02-15
Institutions: Directorate-General for Competition, European Commission
Subjects: EU Member State, State aid, interest, reimbursement of aid








C_2023056EN.01001601.xml










15.2.2023   


EN


Official Journal of the European Union


C 56/16






Commission notice on current State aid recovery interest rates and reference/discount rates applicable as from 1 March 2023


(Published in accordance with Article 10 of Commission Regulation (EC) No 794/2004 (1))

(2023/C 56/06)
Base rates calculated in accordance with the Communication from the Commission on the revision of the method for setting the reference and discount rates (OJ C 14, 19.1.2008, p. 6.). Depending on the use of the reference rate, the appropriate margins have still to be added as defined in this communication. For the discount rate this means that a margin of 100 basispoints has to be added. The Commission Regulation (EC) No 271/2008 of 30 January 2008 amending Regulation (EC) No 794/2004 foresees that, unless otherwise provided for in a specific decision, the recovery rate will also be calculated by adding 100 basispoints to the base rate.
Modified rates are indicated in bold.
Previous table published in OJ C 12, 13.1.2023, p. 9.


































From


To


AT


BE


BG


CY


CZ


DE


DK


EE


EL


ES


FI


FR


HR


HU


IE


IT


LT


LU


LV


MT


NL


PL


PT


RO


SE


SI


SK


UK




1.3.2023


…



3,06 




3,06 




1,10 




3,06 



7,43 



3,06 



2,92 



3,06 




3,06 




3,06 




3,06 




3,06 




3,06 



15,10 



3,06 




3,06 




3,06 




3,06 




3,06 




3,06 




3,06 



7,62 



3,06 



8,31 



2,96 




3,06 




3,06 




3,52 





1.2.2023


28.2.2023


2,56 


2,56 



0,79 



2,56 


7,43 


2,56 


2,92 


2,56 


2,56 


2,56 


2,56 


2,56 


2,56 


15,10 


2,56 


2,56 


2,56 


2,56 


2,56 


2,56 


2,56 


7,62 


2,56 


8,31 


2,44 


2,56 


2,56 


2,77 




1.1.2023


31.1.2023



2,56 




2,56 




0,36 




2,56 




7,43 




2,56 




2,92 




2,56 




2,56 




2,56 




2,56 




2,56 




2,56 




15,10 




2,56 




2,56 




2,56 




2,56 




2,56 




2,56 




2,56 




7,62 




2,56 




8,31 




2,44 




2,56 




2,56 




2,77 







(1)  OJ L 140, 30.4.2004, p. 1.
Case T-606/20: Judgment of the General Court of 15 February 2023 — Austrian Power Grid and Others v ACER (Energy — Internal market in electricity — Framework for the European platform for the exchange of balancing energy from frequency restoration reserves with automatic activation — Procedure for the adoption of terms, conditions and methodologies — Rejection of the joint proposal of the system operators — Competence of ACER — Error of law — Rights of the defence — Obligation to state reasons)
Date: 2023-02-15
Institutions: General Court
Subjects: electrical energy, energy distribution, energy grid, energy market, energy storage, rights of the defence, security of supply, trans-European network








C_2023127EN.01003001.xml










11.4.2023   


EN


Official Journal of the European Union


C 127/30






Judgment of the General Court of 15 February 2023 — Austrian Power Grid and Others v ACER
(Case T-606/20) (1)

(Energy - Internal market in electricity - Framework for the European platform for the exchange of balancing energy from frequency restoration reserves with automatic activation - Procedure for the adoption of terms, conditions and methodologies - Rejection of the joint proposal of the system operators - Competence of ACER - Error of law - Rights of the defence - Obligation to state reasons)
(2023/C 127/36)
Language of the case: English

Parties


Applicants: Austrian Power Grid AG (Vienna, Austria), and the 7 other applicants whose names are listed in the annex to the judgment (represented by: M. Levitt, lawyer, B. Byrne and D. Jubrail, Solicitors)

Defendant: European Union Agency for the Cooperation of Energy Regulators (represented by: E. Ameye, lawyer, A. Tellidou and E. Tremmel, acting as Agents)

Re:

By their action under Article 263 TFEU, the applicants seek the annulment of the decision of the Board of Appeal of the European Union Agency for the Cooperation of Energy Regulators (ACER) of 16 July 2020 confirming ACER Decision No 02/2020 of 24 January 2020 on the Implementation framework for the European platform for the exchange of balancing energy from frequency restoration reserves with automatic activation (‘the aFRR platform’) and rejecting their appeals in Case A-001-2020 (consolidated) (‘the contested decision’), in so far as that decision concerns them, and the annulment of Article 1 of Decision No 02/2020 and Article 3(3) and (4)(b), Article 4(6), Article 6, Article 11(1)(c) and Article 12 of the aFRR platform implementation framework, as set out in Annex I to Decision No 02/2020.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Austrian Power Grid AG and the other applicants whose names are listed in the annex to pay the cost.






(1)  OJ C 414, 30.11.2020.
Case T-492/21: Judgment of the General Court of 15 February 2023 — Aquind and Others v ACER (Energy — Competence of the ACER — Withdrawal of the United Kingdom from the European Union — Error of law — Article 2(1) of Regulation (EU) 2019/943 — Article 92 of the Withdrawal Agreement — Ad hoc exemption regime under Article 308 of and Annex 28 to the Trade and Cooperation Agreement)
Date: 2023-02-15
Institutions: General Court
Subjects: France, United Kingdom, agreement (EU), electrical energy, energy cooperation, energy grid, withdrawal from the EU








C_2023127EN.01003201.xml










11.4.2023   


EN


Official Journal of the European Union


C 127/32






Judgment of the General Court of 15 February 2023 — Aquind and Others v ACER
(Case T-492/21) (1)

(Energy - Competence of the ACER - Withdrawal of the United Kingdom from the European Union - Error of law - Article 2(1) of Regulation (EU) 2019/943 - Article 92 of the Withdrawal Agreement - Ad hoc exemption regime under Article 308 of and Annex 28 to the Trade and Cooperation Agreement)
(2023/C 127/39)
Language of the case: English

Parties


Applicants: Aquind Ltd (London, United Kingdom), Aquind Energy Sàrl (Luxembourg, Luxembourg), Aquind SAS (Rouen, France) (represented by: S. Goldberg, Solicitor, and E. White, lawyer)

Defendant: European Union Agency for the Cooperation of Energy Regulators (ACER) (represented by: P. Martinet and E. Tremmel, acting as Agents, and by B. Creve, lawyer)

Interveners in support of the defendant: European Parliament (represented by: A. Tamás and O. Denkov, acting as Agents), Council of the European Union (represented by: A. Lo Monaco, L. Vétillard and M.É. Sitbon, acting as Agents)

Re:

By their application based on Article 263 TFEU, the applicants seek the annulment of the decision of the Board of Appeal of the European Union Agency for the Cooperation of Energy Regulators (ACER) of 4 June 2021 concerning a request for an exemption relating to an electrical interconnector connecting the electricity transmission systems in the United Kingdom and France.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Aquind Ltd, Aquind SAS, Aquind Energy Sàrl and the European Union Agency for the Cooperation of Energy Regulators (ACER) to bear their own costs;










3.


Orders the European Parliament and the Council of the European Union to bear their own costs.






(1)  OJ C 391, 27.9.2021.
European Parliament legislative resolution of 15 February 2023 on the draft Council decision on the conclusion of the Agreement between the European Union and the Republic of North Macedonia on operational activities carried out by the European Border and Coast Guard Agency in the Republic of North Macedonia (12895/2022 — C9-0369/2022 — 2022/0301(NLE))
Date: 2023-02-15
Institutions: Committee on Civil Liberties, Justice and Home Affairs, Committee on Foreign Affairs, European Parliament
Subjects: European cooperation, Frontex, North Macedonia, agreement (EU), border control, external border of the EU, illegal migration, operation of the Institutions, ratification of an agreement








C_2023283EN.01012901.xml










11.8.2023   


EN


Official Journal of the European Union


C 283/129






P9_TA(2023)0041
EU/North Macedonia Agreement: operational activities carried out by the European Border and Coast Guard Agency in the Republic of North Macedonia
European Parliament legislative resolution of 15 February 2023 on the draft Council decision on the conclusion of the Agreement between the European Union and the Republic of North Macedonia on operational activities carried out by the European Border and Coast Guard Agency in the Republic of North Macedonia (12895/2022 — C9-0369/2022 — 2022/0301(NLE))
(Consent)
(2023/C 283/24)

The European Parliament,






—


having regard to the draft Council decision (12895/2022),










—


having regard to the draft Agreement between the European Union and the Republic of North Macedonia on operational activities carried out by the European Border and Coast Guard Agency in the Republic of North Macedonia (12896/2022),










—


having regard to the request for consent submitted by the Council in accordance with Article 77(2)(b) and (d), Article 79(2)(c) and Article 218(6), second subparagraph, point (a) of the Treaty on the Functioning of the European Union (C9-0369/2022),










—


having regard to Rule 105(1) and (4) and Rule 114(7) of its Rules of Procedure,










—


having regard to the recommendation of the Committee on Civil Liberties, Justice and Home Affairs (A9-0027/2023),












1.


Gives its consent to the conclusion of the agreement;












2.


Instructs its President to forward its position to the Council, the Commission and the governments and parliaments of the Member States and of the Republic of North Macedonia.
Notice for the attention of Zimbabwe Defence Industries, an entity to which restrictive measures provided for in Council Decision 2011/101/CFSP, as amended by Council Decision (CFSP) 2023/339 and in Council Regulation (EC) No 314/2004, concerning restrictive measures in view of the situation in Zimbabwe, apply 2023/C 56/05
Date: 2023-02-15
Institutions: Council of the European Union
Subjects: EU restrictive measure, Zimbabwe, economic sanctions, international sanctions, legal person








C_2023056EN.01001501.xml










15.2.2023   


EN


Official Journal of the European Union


C 56/15






Notice for the attention of Zimbabwe Defence Industries, an entity to which restrictive measures provided for in Council Decision 2011/101/CFSP, as amended by Council Decision (CFSP) 2023/339 and in Council Regulation (EC) No 314/2004, concerning restrictive measures in view of the situation in Zimbabwe, apply
(2023/C 56/05)
The following information is brought to the attention of the entity that appears in Annex I to Council Decision 2011/101/CFSP (1), as amended by Council Decision (CFSP) 2023/339 (2), and in Annex III to Council Regulation (EC) No 314/2004 (3), concerning restrictive measures in view of the situation in Zimbabwe.
The Council of the European Union has decided that the entity that appears in the abovementioned Annexes should continue to be included in the list of persons and entities subject to restrictive measures provided for in Decision 2011/101/CFSP and in Regulation (EC) No 314/2004.
The attention of the entity concerned is drawn to the possibility of making an application to the competent authorities of the relevant Member State(s), as indicated in Annex II to Regulation (EC) No 314/2004, in order to obtain an authorisation to use frozen funds for basic needs or specific payments (cf. Article 7 of the Regulation).
The entity concerned may submit a request to the Council before 1 November 2023, together with supporting documentation, that the decision to include it on the abovementioned list be reconsidered. Any such request should be sent to the following address:





Council of the European Union




General Secretariat




RELEX.1




Rue de la Loi/Wetstraat 175




1048 Bruxelles/Brussel




BELGIQUE/BELGIË




Email: sanctions@consilium.europa.eu
The attention of the entity concerned is also drawn to the possibility of challenging the Council’s decision before the General Court of the European Union, in accordance with the conditions laid down in Article 275, second paragraph, and Article 263, fourth and sixth paragraphs, of the Treaty on the Functioning of the European Union.


(1)  OJ L 42, 16.2.2011, p. 6.

(2)  OJ L 47, 15.2.2023, p. 51.

(3)  OJ L 55, 24.2.2004, p. 1.
Case T-742/20: Judgment of the General Court of 15 February 2023 — UPL Europe and Indofil Industries (Netherlands) v Commission (Plant protection products — Active substance mancozeb — Non-renewal of approval — Regulation (EC) No 1107/2009 and Implementing Regulation (EU) No 844/2012 — Procedure for assessing the application for renewal of approval of an active substance — Designation of a new rapporteur Member State due to the withdrawal of the previous rapporteur Member State from the European Union — Rights of the defence — Principle of sound administration — Manifest error of assessment — Procedure for harmonised classification and labelling — Regulation (EC) No 1272/2008 — Legitimate expectations)
Date: 2023-02-15
Institutions: General Court
Subjects: classification, labelling, market approval, plant health control, plant health product, rights of the defence, withdrawal from the market








C_2023127EN.01003102.xml










11.4.2023   


EN


Official Journal of the European Union


C 127/31






Judgment of the General Court of 15 February 2023 — UPL Europe and Indofil Industries (Netherlands) v Commission
(Case T-742/20) (1)

(Plant protection products - Active substance mancozeb - Non-renewal of approval - Regulation (EC) No 1107/2009 and Implementing Regulation (EU) No 844/2012 - Procedure for assessing the application for renewal of approval of an active substance - Designation of a new rapporteur Member State due to the withdrawal of the previous rapporteur Member State from the European Union - Rights of the defence - Principle of sound administration - Manifest error of assessment - Procedure for harmonised classification and labelling - Regulation (EC) No 1272/2008 - Legitimate expectations)
(2023/C 127/38)
Language of the case: English

Parties


Applicants: UPL Europe Ltd (Warrington, United Kingdom), Indofil Industries (Netherlands) BV (Amsterdam, Netherlands) (represented by: C. Mereu and P. Sellar, lawyers)

Defendant: European Commission (represented by: A. Dawes, G. Koleva and F. Castilla Contreras, acting as Agents)

Re:

By their action under Article 263 TFEU, the applicants seek annulment of Commission Implementing Regulation (EU) 2020/2087 of 14 December 2020 concerning the non-renewal of approval of the active substance mancozeb, in accordance with Regulation (EC) No 1107/2009 of the European Parliament and of the Council concerning the placing of plant protection products on the market, and amending the Annex to Commission Implementing Regulation (EU) No 540/2011 (OJ 2020 L 423, p. 50).

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders UPL Europe Ltd and Indofil Industries (Netherlands) BV to bear their own costs and to pay those incurred by the European Commission in the present action;










3.


Orders Indofil Industries (Netherlands) to bear its own costs and to pay those incurred by the Commission in the proceedings for interim measures.






(1)  OJ C 53, 15.2.2021.
Case C-103/23 P: Appeal brought on 15 February 2023 by Trasta Komercbanka AS against the judgment of the General Court (Ninth Chamber) delivered on 30 September 2022 in Case T-698/16, Trasta Komercbanka and Others v ECB
Date: 2023-02-15
Institutions: Court of Justice
Subjects: EU banking union, Latvia, bank, banking supervision, claim, indemnification, interest, law of succession, right to justice, trade licence








C_2023155EN.01003901.xml










2.5.2023   


EN


Official Journal of the European Union


C 155/39






Appeal brought on 15 February 2023 by Trasta Komercbanka AS against the judgment of the General Court (Ninth Chamber) delivered on 30 September 2022 in Case T-698/16, Trasta Komercbanka and Others v ECB
(Case C-103/23 P)
(2023/C 155/51)
Language of the case: English

Parties


Appellant: Trasta Komercbanka AS (represented by: A. Rasa)

Other parties to the proceedings: European Central Bank, Republic of Latvia, European Commission, Ivan Fursin, Igors Buimisters, C & R Invest SIA, Figon Co. Ltd, GCK Holding Netherlands BV, Rikam Holding SA

Form of order sought

The appellant claims that the Court should:






—


annul the judgment under appeal;










—


order the ECB to pay financial compensation in respect of the harm which the appellant has suffered as result of the ECB’s decision to revoke the appellant’s licence on 3 March 2016 and the related conduct which is described in this application;










—


determine that the material damage amounts to at least EUR 162 million together with a compensatory interest starting at 3 March 2016 until delivery of the judgment in the present case and with corresponding default interest from the date of delivery of judgment until its payment in full;










—


order the ECB to bear the cost of the application pursuant to Articles 134 and 135 of the Rules of Procedure of the General Court.





Pleas in law and main arguments

In the judgment under appeal, the General Court committed a series of procedural errors, which are grounds for annulment of the judgment.
Considering that there are doubts that Mr O. Behrends had a conflict of interest when acting for both Trasta Komercbanka AS and other applicants in the proceedings before the General Court, it is considered that the appellant’s right to a fair trial before the General Court was violated.
Also, in accordance with Latvian law, the proceedings may be taken over by Mr Igor Buimisters heirs.
Since the judgment under appeal therefore determines the obligation of Trasta Komercbanka AS to cover the costs of legal proceedings, it infringes on the rights of third parties — the creditors of Trasta Komercbanka AS. Thus, that judgment violates the rights of third parties who did not have the right to participate in the legal proceedings.
Case C-85/23, Landkreis Jerichower Land: Request for a preliminary ruling from the Oberverwaltungsgericht des Landes Sachsen-Anhalt (Germany) lodged on 15 February 2023 — Landkreis Jerichower Land v A.
Date: 2023-02-15
Institutions: Court of Justice
Subjects: by-product, container, material of animal origin, storage








C_2023179EN.01001502.xml










22.5.2023   


EN


Official Journal of the European Union


C 179/15






Request for a preliminary ruling from the Oberverwaltungsgericht des Landes Sachsen-Anhalt (Germany) lodged on 15 February 2023 — Landkreis Jerichower Land v A.
(Case C-85/23, Landkreis Jerichower Land)
(2023/C 179/25)
Language of the case: German

Referring court

Oberverwaltungsgericht des Landes Sachsen-Anhalt

Parties to the main proceedings


Appellant: Landkreis Jerichower Land

Respondent: A.

Question referred

Must Article 24(1)(i) of Regulation (EC) No 1069/2009 (1) of 19 October 2009, as last amended by Article 46 of Regulation (EU) 2019/1009, (2) be interpreted as meaning that the term ‘storage’ covers an interruption of transport operations during which containers of Category 3 animal by-products are transferred to another vehicle and kept in that vehicle for a number of hours (up to eight) before being transported onwards to a processing plant, without the material being treated or transferred to other containers?


(1)  Regulation (EC) No 1069/2009 of the European Parliament and of the Council of 21 October 2009 laying down health rules as regards animal by-products and derived products not intended for human consumption and repealing Regulation (EC) No 1774/2002 (Animal by-products Regulation) (OJ 2009 L 300, p. 1).

(2)  Regulation (EU) 2019/1009 of the European Parliament and of the Council of 5 June 2019 laying down rules on the making available on the market of EU fertilising products and amending Regulations (EC) No 1069/2009 and (EC) No 1107/2009 and repealing Regulation (EC) No 2003/2003 (OJ 2019 L 170, p. 1).