11.6.2009

EN

Official Journal of the European Union

L 148/1

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COUNCIL REGULATION (EC) No 487/2009

of 25 May 2009

on the application of Article 81(3) of the Treaty to certain categories of agreements and concerted practices in the air transport sector

(Codified version)

(Text with EEA relevance)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community and in particular Article 83 thereof,

Having regard to the proposal from the Commission,

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

Whereas:

(1)

Council Regulation (EEC) No 3976/87 of 14 December 1987 on the application of Article 85(3) of the Treaty to certain categories of agreements and concerted practices in the air transport sector (2) has been substantially amended several times (3). In the interests of clarity and rationality the said Regulation should be codified.

(2)

Common provisions for the application of Article 81(3) of the Treaty should be adopted by way of Regulation or Directive pursuant to Article 83 of the Treaty. The Commission should be enabled to declare by way of regulation that the provisions of Article 81(1) of the Treaty do not apply to certain categories of agreements between undertakings, decisions by associations of undertakings and concerted practices.

(3)	The Commission should be empowered to grant block exemptions in the air transport sector in respect of traffic within the Community, as well as in respect of traffic between the Community and third countries.

(4)	It should be laid down under what specific conditions and in what circumstances the Commission may exercise such powers in close and constant liaison with the competent authorities of the Member States.

(5)

It is desirable, in particular, that block exemptions be granted for certain categories of agreements, decisions and concerted practices. Those exemptions should be granted for a limited period during which air carriers can adapt to a more competitive environment. The Commission, in close liaison with the Member States, should be able to define precisely the scope of those exemptions and the conditions attached to them.

(6)	This Regulation is without prejudice to the application of Article 86 of the Treaty,

HAS ADOPTED THIS REGULATION:

Article 1

This Regulation shall apply to air transport.

Article 2

1.   In accordance with Article 81(3) of the Treaty, the Commission may by Regulation declare that Article 81(1) of the Treaty shall not apply to certain categories of agreements between undertakings, decisions of associations of undertakings and concerted practices.

The Commission may, in particular, adopt such Regulations in respect of agreements, decisions or concerted practices which have as their object any of the following:

(a)	joint planning and coordination of airline schedules;

(b)	consultations on tariffs for the carriage of passengers and baggage and of freight on scheduled air services;

(c)	joint operations on new less busy scheduled air services;

(d)	slot allocation at airports and airport scheduling; the Commission shall take care to ensure consistency with Council Regulation (EEC) No 95/93 of 18 January 1993 on common rules for the allocation of slots at Community airports (4);

(e)

common purchase, development and operation of computer reservation systems relating to timetabling, reservations and ticketing by air transport undertakings; the Commission shall take care to ensure consistency with Council Regulation (EEC) No 2299/89 of 24 July 1989 on a code of conduct for computerised reservation systems (5).

2.   Without prejudice to the second subparagraph of paragraph 1, the Commission Regulations referred to therein shall define the categories of agreements, decisions or concerted practices to which they apply and shall specify in particular:

(a)	the restrictions or clauses which may, or may not, appear in the agreements, decisions and concerted practices;

(b)	the clauses which must be contained in the agreements, decisions and concerted practices, or any other conditions which must be satisfied.

Article 3

Any Regulation adopted pursuant to Article 2 shall apply for a specified period.

It may be repealed or amended where circumstances have changed with respect to any of the factors which prompted its adoption; in such a case, a period shall be fixed for amendment of the agreements and concerted practices to which the earlier Regulation applied before repeal or amendment.

Article 4

Regulations adopted pursuant to Article 2 shall include a provision stating that they apply with retroactive effect to agreements, decisions and concerted practices which were in existence at the date of the entry into force of such Regulations.

Article 5

A Regulation adopted pursuant to Article 2 may stipulate that the prohibition contained in Article 81(1) of the Treaty shall not apply, for such a period as fixed by that Regulation, to agreements, decisions and concerted practices already in existence at the date of accession to which Article 81(1) applies by virtue of the accession of Austria, Finland and Sweden and which do not satisfy the conditions of Article 81(3) of the Treaty.

However, this Article shall not apply to agreements, decisions and concerted practices which at the date of accession already fall under Article 53(1) of the EEA Agreement.

Article 6

Before adopting a Regulation pursuant to Article 2, the Commission shall publish a draft thereof and invite all persons and organisations concerned to submit their comments within a reasonable time-limit, being not less than one month, as the Commission shall fix.

Article 7

The Commission shall consult the Advisory Committee on Restrictive Practices and Dominant Positions referred to in Article 14 of Council Regulation (EC) No 1/2003 of 16 December 2002 on the implementation of the rules on competition laid down in Articles 81 and 82 of the Treaty (6) before publishing a draft Regulation and before adopting a Regulation pursuant to Article 2.

Article 8

Regulation (EEC) No 3976/87 is repealed.

References to the repealed Regulation shall be construed as references to this Regulation and be read in accordance with the correlation table set out in Annex II.

Article 9

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

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(1)  Opinion of 21 October 2008 (not yet published in the Official Journal).

(2)  OJ L 374, 31.12.1987, p. 9.

(3)  See Annex I.

(4)  OJ L 14, 22.1.1993, p. 1.

(5)  OJ L 220, 29.7.1989, p. 1.

(6)  OJ L 1, 4.1.2003, p. 1.

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11.6.2009

EN

Official Journal of the European Union

L 148/5

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COMMISSION REGULATION (EC) No 488/2009

of 10 June 2009

establishing the standard import values for determining the entry price of certain fruit and vegetables

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

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 Regulation (EC) No 1580/2007 of 21 December 2007 laying down implementing rules for Council Regulations (EC) No 2200/96, (EC) No 2201/96 and (EC) No 1182/2007 in the fruit and vegetable sector (2), and in particular Article 138(1) thereof,

Whereas:

Regulation (EC) No 1580/2007 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 XV, Part A thereto,

HAS ADOPTED THIS REGULATION:

Article 1

The standard import values referred to in Article 138 of Regulation (EC) No 1580/2007 are fixed in the Annex hereto.

Article 2

This Regulation shall enter into force on 11 June 2009.

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(1)  OJ L 299, 16.11.2007, p. 1.

(2)  OJ L 350, 31.12.2007, p. 1.

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11.6.2009

EN

Official Journal of the European Union

L 148/7

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COMMISSION REGULATION (EC) No 489/2009

of 10 June 2009

setting the allocation coefficient for the issuing of import licences applied for from 1 to 5 June 2009 for sugar products under tariff quotas and preferential agreements

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

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 Regulation (EC) No 950/2006 of 28 June 2006 laying down detailed rules of application for the 2006/07, 2007/08 and 2008/09 marketing years for the import and refining of sugar products under certain tariff quotas and preferential agreements (2), and in particular Article 5(3) thereof,

Whereas:

(1)

Applications for import licences were submitted to the competent authorities in the period from 1 to 5 June 2009 in accordance with Commission Regulation (EC) No 950/2006 and/or Council Regulation (EC) No 508/2007 of 7 May 2007 opening tariff quotas for imports into Bulgaria and Romania of raw cane sugar for supply to refineries in the marketing years 2006/07, 2007/08 and 2008/09 (3), for a total quantity equal to or exceeding the quantity available for order number 09.4366 (2008-2009).

(2)	In these circumstances, the Commission should establish an allocation coefficient for licences to be issued in proportion to the quantity available and/or inform the Member States that the limit established has been reached,

HAS ADOPTED THIS REGULATION:

Article 1

Licences shall be issued within the quantitative limits set in the Annex to this Regulation in respect of import licence applications submitted from 1 to 5 June 2009, in accordance with Article 4(2) of Regulation (EC) No 950/2006 and/or Article 3 of Regulation (EC) No 508/2007.

Article 2

This Regulation shall enter into force on the day of its publication in the Official Journal of the European Union.

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(1)  OJ L 299, 16.11.2007, p. 1.

(2)  OJ L 178, 1.7.2006, p. 1.

(3)  OJ L 122, 11.5.2007, p. 1.

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11.6.2009

EN

Official Journal of the European Union

L 148/12

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COMMISSION REGULATION (EC) No 490/2009

of 10 June 2009

amending for the 107th time Council Regulation (EC) No 881/2002 imposing certain specific restrictive measures directed against certain persons and entities associated with Usama bin Laden, the Al-Qaida network and the Taliban

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 881/2002 of 27 May 2002 imposing certain specific restrictive measures directed against certain persons and entities associated with Usama bin Laden, the Al-Qaida network and the Taliban, and repealing Council Regulation (EC) No 467/2001 prohibiting the export of certain goods and services to Afghanistan, strengthening the flight ban and extending the freeze of funds and other financial resources in respect of the Taliban of Afghanistan, (1) and in particular the first indent of Article 7(1) thereof,

Whereas:

(1)	Annex I to Regulation (EC) No 881/2002 lists the persons, groups and entities covered by the freezing of funds and economic resources under that Regulation.

(2)

On 27 May 2009, the Sanctions Committee of the United Nations Security Council decided to amend the list of natural and legal persons, groups and entities to whom the freezing of funds and economic resources should apply, adding one natural person to the list given the information related to their association with Al-Qaida. The Sanctions Committee provided the statement of reasons for this listing decision.

(3)	Annex I should be amended accordingly.

(4)	In order to ensure that the measures provided for in this Regulation are effective, this Regulation must enter into force immediately.

(5)

Since the UN list does not provide the current address for the natural person concerned, a notice should be published in the Official Journal so that the person concerned can contact the Commission and that the Commission can subsequently communicate the grounds on which this Regulation is based to the natural person concerned, provide him with the opportunity to comment on these grounds and review this Regulation in view of the comments and possible available additional information,

HAS ADOPTED THIS REGULATION:

Article 1

Annex I to Regulation (EC) No 881/2002 is hereby amended as set out in the Annex to this Regulation.

Article 2

This Regulation shall enter into force on the day of its publication in the Official Journal of the European Union.

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(1)  OJ L 139, 29.5.2002, p. 9.

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11.6.2009

EN

Official Journal of the European Union

L 148/14

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COUNCIL DECISION

of 5 May 2009

amending Decision 2007/250/EC authorising the United Kingdom to introduce a special measure derogating from Article 193 of Directive 2006/112/EC on the common system of value added tax

(2009/439/EC)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community,

Having regard to Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax (1), and in particular Article 395(1) thereof,

Having regard to the proposal from the Commission,

Whereas:

(1)

In a letter registered by the Secretariat-General of the Commission on 28 July 2008, the United Kingdom requested authorisation to continue to apply a special measure derogating from Article 193 of Directive 2006/112/EC as regards the person liable for the payment of value added tax (VAT) to the tax authorities and previously provided for by Council Decision 2007/250/EC of 16 April 2007 (2).

(2)

In accordance with Article 395(2) of Directive 2006/112/EC, the Commission informed the other Member States by letter of 17 March 2009 of the request made by the United Kingdom. By letter dated 20 March 2009, the Commission notified the United Kingdom that it had all the information it considered necessary for the appraisal of the request.

(3)

The person liable for the payment of VAT under Article 193 of Directive 2006/112/EC is the taxable person supplying the goods. However, the derogating measure enabled the United Kingdom to apply, until 30 April 2009 and under certain conditions, a reverse charge mechanism which implied that the liability for the payment of VAT shifted to the taxable person to whom certain supplies of mobile phones and integrated circuit devices were made, provided the taxable amount of the supply was equal to, or higher than, GBP 5 000.

(4)

The purpose of that derogating measure was to deal with certain aggressive forms of tax evasion, and in particular with ‘carousel’ schemes whereby goods are supplied several times without VAT being paid to the tax authorities while leaving customers with a valid invoice for VAT deduction. The application of the reverse charge, without actual payment of VAT from the customer to the supplier, removes the possibility of that form of tax evasion.

(5)

Given the apparent seriousness of VAT fraud in the United Kingdom, as attested by the information submitted by the United Kingdom, and given the measure’s expected preventive effect, the measure remains proportionate since the extension of the derogation is limited to a reasonable period and the measure remains targeted in scope. Furthermore, it does not form the basis of an overall measure for a generalised reverse charge system.

(6)	The derogation has no negative impact on the Community’s own resources accruing from VAT.

(7)	Legal continuity of the measure should be ensured,

HAS ADOPTED THIS DECISION:

Article 1

Article 4 of Council Decision 2007/250/EC is replaced by the following:

Article 2

This Decision shall apply from 1 May 2009.

Article 3

This Decision is addressed to the United Kingdom of Great Britain and Northern Ireland.

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(1)  OJ L 347, 11.12.2006, p. 1.

(2)  OJ L 109, 26.4.2007, p. 42.

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11.6.2009

EN

Official Journal of the European Union

L 148/16

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COUNCIL DECISION

of 25 May 2009

appointing four Finnish members and two Finnish alternate members of the Committee of the Regions

(2009/440/EC)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 263 thereof,

Having regard to the proposal of the Finnish Government,

Whereas:

(1)	On 24 January 2006, the Council adopted Decision 2006/116/EC appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2006 to 25 January 2010 (1).

(2)

Four members' seats on the Committee of the Regions have become vacant following the resignation of Ms Auli HYVÄRINEN and Ms Elina LEHTO-HÄGGROTH and following the end of mandate of Mr Risto ERVELÄ and Mr Risto KOIVISTO. Two alternate members' seats have become vacant following the resignation of Ms Martina MALMBERG and Ms Heini UTUNEN,

HAS DECIDED AS FOLLOWS:

Article 1

The following are hereby appointed to the Committee of the Regions for the remainder of the current term of office, which runs until 25 January 2010:

(a)	as members: — Ms Satu TIETARI, Säkylän kunnanvaltuuston jäsen, — Ms Anne KARJALAINEN, Keravan kaupunginvaltuuston jäsen, — Mr Risto ERVELÄ, Sauvon kunnanvaltuuston jäsen (change of mandate), — Mr Risto KOIVISTO, Pirkkalan kunnanjohtaja (change of mandate),

(b)	as alternate members: — Mr Petri KALMI, Nurmijärven kunnanvaltuuston puheenjohtaja, — Mr Mårten JOHANSSON, Raaseporin kaupunginjohtaja.

Article 2

This Decision shall take effect on the day of its adoption.

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(1)  OJ L 56, 25.2.2006, p. 75.

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11.6.2009

EN

Official Journal of the European Union

L 148/17

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COUNCIL DECISION

of 25 May 2009

appointing one Italian member of the Committee of the Regions

(2009/441/EC)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 263 thereof,

Having regard to the proposal of the Italian Government,

Whereas:

(1)	On 24 January 2006, the Council adopted Decision 2006/116/EC appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2006 to 25 January 2010 (1).

(2)	A member's seat on the Committee of the Regions has become vacant following the end of mandate of Mr Renato SORU,

HAS DECIDED AS FOLLOWS:

Article 1

The following is hereby appointed to the Committee of the Regions as a member for the remainder of the current term of office, which runs until 25 January 2010:

Mr Ugo CAPPELLACCI, Presidente della Regione Sardegna.

Article 2

This Decision shall take effect on the day of its adoption.

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(1)  OJ L 56, 25.2.2006, p. 75.

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11.6.2009

EN

Official Journal of the European Union

L 148/18

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COMMISSION DECISION

of 5 June 2009

implementing Directive 2007/2/EC of the European Parliament and of the Council as regards monitoring and reporting

(notified under document number C(2009) 4199)

(Text with EEA relevance)

(2009/442/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Directive 2007/2/EC of the European Parliament and of the Council of 14 March 2007 establishing an Infrastructure for Spatial Information in the European Community (INSPIRE) (1), and in particular Article 21(4) thereof,

Whereas:

(1)	Directive 2007/2/EC requires Member States to monitor the implementation and use of their infrastructures for spatial information and to report on the implementation of that Directive.

(2)

In order to ensure a coherent approach to such monitoring and reporting, Member States should establish a list of the spatial data sets and spatial data services corresponding to the themes listed in Annexes I, II and III to Directive 2007/2/EC, grouped by theme and Annex, and of the network services referred to in Article 11(1) of Directive 2007/2/EC, grouped by service type, and should communicate that list to the Commission.

(3)	Monitoring should be based on a set of indicators calculated on the basis of the data collected from the appropriate stakeholders at the various levels of public authority.

(4)	The data collected for calculating the monitoring indicators should be provided to the Commission.

(5)	The results of monitoring and reporting should be provided to the Commission and made publicly available.

(6)	The measures provided for in this Decision are in accordance with the opinion of the Committee established by Article 22 of Directive 2007/2/EC,

HAS ADOPTED THIS DECISION:

CHAPTER I

GENERAL PROVISIONS

Article 1

Subject matter

This Decision lays down detailed rules on monitoring by Member States of the implementation and use of their infrastructures for spatial information and on reporting on the implementation of Directive 2007/2/EC.

Article 2

Common provisions for monitoring and reporting

1.   Member States shall establish a list of the spatial data sets and spatial data services corresponding to the themes listed in Annexes I, II and III to Directive 2007/2/EC, grouped by theme and Annex, and of the network services referred to in Article 11(1) of that Directive, grouped by service type.

They shall communicate that list to the Commission and update it annually.

2.   Member States shall rely on the coordination structure referred to in Article 19(2) of Directive 2007/2/EC to collect data for monitoring and reporting.

3.   Contact points of Member States shall provide the results of monitoring referred to in Article 21(1) of Directive 2007/2/EC and the report referred to in Article 21(2) and (3) of that Directive to the Commission.

4.   All results of monitoring and reporting shall be made available to the public via the Internet or any other appropriate means of telecommunication.

CHAPTER II

MONITORING OF THE IMPLEMENTATION OF METADATA REQUIREMENTS

Article 3

Monitoring of the existence of metadata

1.   The following indicators shall be used to measure the existence of metadata for the spatial data sets and services corresponding to the themes listed in Annexes I, II and III to Directive 2007/2/EC:

(a)	a general indicator (MDi1) which measures the existence of metadata for the spatial data sets and services corresponding to the themes listed in Annexes I, II and III to Directive 2007/2/EC;

(b)

the following specific indicators: (i) MDi1,1 which measures the existence of metadata for the spatial data sets corresponding to the themes listed in Annex I to Directive 2007/2/EC; (ii) MDi1,2 which measures the existence of metadata for the spatial data sets corresponding to the themes listed in Annex II to Directive 2007/2/EC; (iii) MDi1,3 which measures the existence of metadata for the spatial data sets corresponding to the themes listed in Annex III to Directive 2007/2/EC; (iv) MDi1,4 which measures the existence of metadata for the spatial data services corresponding to the themes listed in Annexes I, II and III to Directive 2007/2/EC.

2.   Member States shall determine, for each spatial data set and service mentioned on the list referred to in Article 2(1), whether metadata exist and shall attribute to the spatial data set or service the following values:

(a)	value 1 where metadata exist;

(b)	value 0 where no metadata exist.

3.   Member States shall calculate the general indicator MDi1 by dividing the number of spatial data sets and services corresponding to the themes listed in Annexes I, II and III to Directive 2007/2/EC for which metadata exist, by the total number of spatial data sets and services corresponding to the themes listed in those Annexes.

4.   Member States shall calculate the specific indicators as follows:

(a)	the number of spatial data sets corresponding to the themes listed in Annex I to Directive 2007/2/EC for which metadata exist, divided by the total number of spatial data sets corresponding to the themes listed in that Annex (MDi1,1);

(b)	the number of spatial data sets corresponding to the themes listed in Annex II to Directive 2007/2/EC for which metadata exist, divided by the total number of spatial data sets corresponding to the themes listed in that Annex (MDi1,2);

(c)	the number of spatial data sets corresponding to the themes listed in Annex III to Directive 2007/2/EC for which metadata exist, divided by the total number of spatial data sets corresponding to the themes listed in that Annex (MDi1,3);

(d)	the number of spatial data services corresponding to the themes listed in Annexes I, II and III to Directive 2007/2/EC for which metadata exist, divided by the total number of spatial data services corresponding to the themes listed in those Annexes (MDi1,4).

Article 4

Monitoring of the conformity of metadata

1.   The following indicators shall be used to measure the conformity of metadata for spatial data sets and services corresponding to the themes listed in Annexes I, II and III to Directive 2007/2/EC with the implementing rules referred to in Article 5(4) of that Directive:

(a)	a general indicator (MDi2) which measures the conformity of metadata for the spatial data sets and services corresponding to the themes listed in Annexes I, II and III to Directive 2007/2/EC with the implementing rules referred to in Article 5(4) of that Directive;

(b)

the following specific indicators: (i) MDi2,1 which measures the conformity of metadata for the spatial data sets corresponding to the themes listed in Annex I to Directive 2007/2/EC with the implementing rules referred to in Article 5(4) of that Directive; (ii) MDi2,2 which measures the conformity of metadata for the spatial data sets corresponding to the themes listed in Annex II to Directive 2007/2/EC with the implementing rules referred to in Article 5(4) of that Directive; (iii) MDi2,3 which measures the conformity of metadata for the spatial data sets corresponding to the themes listed in Annex III to Directive 2007/2/EC with the implementing rules referred to in Article 5(4) of that Directive; (iv) MDi2,4 which measures the conformity of metadata for the spatial data services corresponding to the themes listed in Annexes I, II and III to Directive 2007/2/EC with the implementing rules referred to in Article 5(4) of that Directive.

2.   Member States shall determine, for each spatial data set and service mentioned on the list referred to in Article 2(1) of this Decision, whether the corresponding metadata are in conformity with the implementing rules referred to in Article 5(4) of Directive 2007/2/EC and shall attribute to the data set or service the following values:

(a)	value 1 where the corresponding metadata are in conformity with the implementing rules referred to in Article 5(4) of Directive 2007/2/EC;

(b)	value 0 where the corresponding metadata are not in conformity with the implementing rules referred to in Article 5(4) of Directive 2007/2/EC.

3.   Member States shall calculate the general indicator MDi2 by dividing the number of spatial data sets and services corresponding to the themes listed in Annexes I, II and III to Directive 2007/2/EC for which metadata are in conformity with the implementing rules referred to in Article 5(4) of that Directive, by the total number of spatial data sets and services corresponding to the themes listed in those Annexes.

4.   Member States shall calculate the specific indicators as follows:

(a)

the number of spatial data sets corresponding to the themes listed in Annex I to Directive 2007/2/EC for which metadata are in conformity with the implementing rules referred to in Article 5(4) of that Directive, divided by the total number of spatial data sets corresponding to the themes listed in that Annex (MDi2,1);

(b)

the number of spatial data sets corresponding to the themes listed in Annex II to Directive 2007/2/EC for which metadata are in conformity with the implementing rules referred to in Article 5(4) of Directive 2007/2/EC, divided by the total number of spatial data sets corresponding to the themes listed in that Annex (MDi2,2);

(c)

the number of spatial data sets corresponding to the themes listed in Annex III to Directive 2007/2/EC for which metadata are in conformity with the implementing rules referred to in Article 5(4) of Directive 2007/2/EC, divided by the total number of spatial data sets corresponding to the themes listed in that Annex (MDi2,3);

(d)	the number of spatial data services corresponding to the themes listed in Annexes I, II and III to Directive 2007/2/EC for which metadata are in conformity with the implementing rules referred to in Article 5(4) of Directive 2007/2/EC, divided by the total number of spatial data services (MDi2,4).

CHAPTER III

MONITORING OF THE IMPLEMENTATION OF THE REQUIREMENTS FOR INTEROPERABILITY OF SPATIAL DATA SETS

Article 5

Monitoring of the geographical coverage of spatial data sets

1.   The following indicators shall be used to measure the geographical coverage of the spatial data sets corresponding to the themes listed in Annexes I, II and III to Directive 2007/2/EC:

(a)	a general indicator (DSi1) which measures the extent of the Member States territory covered by the spatial data sets corresponding to the themes listed in Annexes I, II and III to Directive 2007/2/EC;

(b)

the following specific indicators: (i) DSi1,1 which measures the extent of the Member States territory covered by the spatial data sets corresponding to the themes listed in Annex I to Directive 2007/2/EC; (ii) DSi1,2 which measures the extent of the Member States territory covered by the spatial data sets corresponding to the themes listed in Annex II to Directive 2007/2/EC; (iii) DSi1,3 which measures the extent of the Member States territory covered by the spatial data sets corresponding to the themes listed in Annex III to Directive 2007/2/EC.

2.   Member States shall determine, for the spatial data sets mentioned on the list referred to in Article 2(1):

(a)	the area which is to be covered by a given spatial data set (hereinafter relevant area), expressed in km2;

(b)	the area which is covered by a given spatial data set (hereinafter actual area), expressed in km2.

3.   Member States shall calculate the general indicator DSi1 by dividing the sum of the actual areas covered by all spatial data sets corresponding to the themes listed in Annexes I, II and III to Directive 2007/2/EC, by the sum of the relevant areas for all spatial data sets corresponding to the themes listed in those Annexes.

4.   Member States shall calculate the specific indicators as follows:

(a)	the sum of the actual areas covered by the spatial data sets corresponding to the themes listed in Annex I to Directive 2007/2/EC, divided by the sum of the relevant areas for the spatial data sets corresponding to the themes listed in that Annex (DSi1,1);

(b)	the sum of the actual areas covered by the spatial data sets corresponding to the themes listed in Annex II to Directive 2007/2/EC, divided by the sum of the relevant areas for the spatial data sets corresponding to the themes listed in that Annex (DSi1,2);

(c)	the sum of the actual areas covered by the spatial data sets corresponding to the themes listed in Annex III to Directive 2007/2/EC, divided by the sum of the relevant areas for the spatial data sets corresponding to the themes listed in that Annex (DSi1,3).

Article 6

Monitoring of the conformity of spatial data sets

1.   The following indicators shall be used to measure the conformity of spatial data sets corresponding to the themes listed in Annexes I, II and III to Directive 2007/2/EC with the implementing rules referred to in Article 7(1) of that Directive and the conformity of their corresponding metadata with the implementing rules referred to in Article 5(4) of that Directive.

(a)

a general indicator (DSi2) which measures the conformity of the spatial data sets corresponding to the themes listed in Annexes I, II and III to Directive 2007/2/EC with the implementing rules referred to in Article 7(1) of that Directive and the conformity of their corresponding metadata with the implementing rules referred to in Article 5(4) of that Directive;

(b)

the following specific indicators: (i) DSi2,1 which measures the conformity of the spatial data sets corresponding to the themes listed in Annex I to Directive 2007/2/EC with the implementing rules referred to in Article 7(1) of that Directive and the conformity of their corresponding metadata with the implementing rules referred to in Article 5(4) of that Directive; (ii) DSi2,2 which measures the conformity of the spatial data sets corresponding to the themes listed in Annex II to Directive 2007/2/EC with the implementing rules referred to in Article 7(1) of that Directive and the conformity of their corresponding metadata with the implementing rules referred to in Article 5(4) of that Directive; (iii) DSi2,3 which measures the conformity of the spatial data sets corresponding to the themes listed in Annex III to Directive 2007/2/EC with the implementing rules referred to in Article 7(1) of that Directive and the conformity of their corresponding metadata with the implementing rules referred to in Article 5(4) of that Directive.

2.   Member States shall determine whether each spatial data set mentioned on the list referred to in Article 2(1) of this Decision is in conformity with the implementing rules referred to in Article 7(1) of Directive 2007/2/EC and whether its corresponding metadata are in conformity with the implementing rules referred to in Article 5(4) of that Directive and shall attribute to the data set the following values:

(a)	value 1 in the case of conformity of the spatial data set with the implementing rules referred to in Article 7(1) of Directive 2007/2/EC and of its corresponding metadata with the implementing rules referred to in Article 5(4) of that Directive;

(b)	value 0 in the case of non conformity of the spatial data set with the implementing rules referred to in Article 7(1) of Directive 2007/2/EC or of its corresponding metadata with the implementing rules referred to in Article 5(4) of that Directive.

3.   Member States shall calculate the general indicator DSi2 by dividing the number of spatial data sets corresponding to the themes listed in Annexes I, II and III to Directive 2007/2/EC which are in conformity with the implementing rules referred to in Article 7(1) of that Directive and whose corresponding metadata are in conformity with the implementing rules referred to in Article 5(4) of that Directive, by the total number of spatial data sets corresponding to the themes listed in those Annexes.

4.   Member States shall calculate the specific indicators as follows:

(a)

the number of spatial data sets corresponding to the themes listed in Annex I to Directive 2007/2/EC which are in conformity with the implementing rules referred to in Article 7(1) of that Directive and whose corresponding metadata are in conformity with the implementing rules referred to in Article 5(4) of that Directive, divided by the total number of spatial data sets corresponding to the themes listed in that Annex (DSi2,1);

(b)

the number of spatial data sets corresponding to the themes listed in Annex II to Directive 2007/2/EC which are in conformity with the implementing rules referred to in Article 7(1) of that Directive and whose corresponding metadata are in conformity with the implementing rules referred to in Article 5(4) of that Directive, divided by the total number of spatial data sets corresponding to the themes listed in that Annex (DSi2,2);

(c)

the number of spatial data sets corresponding to the themes listed in Annex III to Directive 2007/2/EC which are in conformity with the implementing rules referred to in Article 7(1) of that Directive and whose corresponding metadata are in conformity with the implementing rules referred to in Article 5(4) of that Directive, divided by the total number of spatial data sets corresponding to the themes listed in that Annex (DSi2,3).

CHAPTER IV

MONITORING OF THE IMPLEMENTATION OF NETWORK SERVICES REQUIREMENTS

Article 7

Monitoring of the accessibility of metadata through discovery services

1.   The following indicators shall be used to measure the accessibility of metadata for the spatial data sets and services corresponding to the themes listed in Annexes I, II and III to Directive 2007/2/EC through the discovery services referred to in Article 11(1)(a) of that Directive:

(a)	a general indicator (NSi1), which measures the extent to which it is possible to search for spatial data sets and spatial data services corresponding to the themes listed in Annexes I, II and III to Directive 2007/2/EC on the basis of their corresponding metadata through discovery services;

(b)

the following specific indicators: (i) NSi1,1, which measures the extent to which it is possible to search for spatial data sets corresponding to the themes listed in Annexes I, II and III to Directive 2007/2/EC on the basis of their corresponding metadata through discovery services; (ii) NSi1,2, which measures the extent to which it is possible to search for spatial data services corresponding to the themes listed in Annexes I, II and III to Directive 2007/2/EC on the basis of their corresponding metadata through discovery services.

2.   Member States shall determine, for each spatial data set and spatial data service mentioned on the list referred to in Article 2(1), whether a discovery service exists and shall attribute to the data set or service the following values:

(a)	value 1 where a discovery service exists;

(b)	value 0 where no discovery service exists.

3.   Member States shall calculate the general indicator NSi1 by dividing the number of spatial data sets and spatial data services corresponding to the themes listed in Annexes I, II and III to Directive 2007/2/EC for which a discovery service exists, by the total number of spatial data sets and spatial data services corresponding to themes listed in those Annexes.

4.   Member States shall calculate the specific indicators as follows:

(a)	the number of spatial data sets corresponding to the themes listed in Annexes I, II and III to Directive 2007/2/EC for which a discovery service exists, divided by the total number of spatial data sets corresponding to themes listed in those Annexes (NSi1,1);

(b)	the number of spatial data services corresponding to themes listed in Annexes I, II and III to Directive 2007/2/EC for which a discovery service exists, divided by the total number of spatial data services corresponding to themes listed in those Annexes (NSi1,2).

Article 8

Monitoring of the accessibility of spatial data sets through view and download services

1.   The following indicators shall be used to measure the accessibility of spatial data sets corresponding to the themes listed in Annexes I, II and III to Directive 2007/2/EC through the view and download services referred to in points (b) and (c) of Articles 11(1) of that Directive:

(a)	a general indicator (NSi2), which measures the extent to which it is possible to view and download spatial data sets corresponding to the themes listed in Annexes I, II and III to Directive 2007/2/EC through view and download services;

(b)

the following specific indicators: (i) NSi2,1, which measures the accessibility of spatial data sets, corresponding to the themes listed in Annexes I, II and III to Directive 2007/2/EC through view services; (ii) NSi2,2, which measures the accessibility of spatial data sets corresponding to the themes listed in Annexes I, II and III to Directive 2007/2/EC through download services.

2.   Member States shall determine, for each spatial data set mentioned on the list referred to in Article 2(1), whether a view service or a download service, or both, exist and shall attribute to the data set the following values:

(a)	value 1 where a view service exists and value 0 where such a service does not exist;

(b)	value 1 where a download service exists and value 0 where such a service does not exist;

(c)	value 1 where both a view service and a download service exist and value 0 where at least one of them does not exist.

3.   Member States shall calculate the general indicator NSi2 by dividing the number of spatial data sets corresponding to the themes listed in Annexes I, II and III to Directive 2007/2/EC for which both view and download services exist, by the total number of spatial data sets corresponding to themes listed in those Annexes (NSi2).

4.   Member States shall calculate the specific indicators as follows:

(a)	the number of spatial data sets corresponding to the themes listed in Annexes I, II and III to Directive 2007/2/EC for which a view service exists, divided by the total number of spatial data sets corresponding to themes listed in those Annexes (NSi2,1);

(b)	the number of spatial data sets corresponding to the themes listed in Annexes I, II and III to Directive 2007/2/EC for which a download service exists, divided by the total number of spatial data sets corresponding to themes listed in those Annexes (NSi2,2).

Article 9

Monitoring of the use of network services

1.   The following indicators shall be used to monitor the use of the network services referred to in Article 11(1) of Directive 2007/2/EC:

(a)	a general indicator (NSi3), which measures the use of all network services;

(b)

the following specific indicators: (i) NSi3,1, which measures the use of discovery services; (ii) NSi3,2, which measures the use of view services; (iii) NSi3,3, which measures the use of download services; (iv) NSi3,4, which measures the use of transformation services; (v) NSi3,5, which measures the use of invoke services.

2.   Member States shall determine the annual number of service requests for each network service mentioned on the list referred to in Article 2(1).

3.   Member States shall calculate the general indicator NSi3 by dividing the sum of the annual number of service requests for all network services, by the number of network services.

4.   Member States shall calculate the specific indicators as follows:

(a)	the annual number of service requests for all discovery services, divided by the number of discovery services (NSi3,1);

(b)	the annual number of service requests for all view services, divided by the number of view services (NSi3,2);

(c)	the annual number of service requests for all download services, divided by the number of download services (NSi3,3);

(d)	the annual number of service requests for all transformation services, divided by the number of transformation services (NSi3,4);

(e)	the annual number of service requests for all invoke services, divided by the number of invoke services (NSi3,5).

Article 10

Monitoring of the conformity of network services

1.   The following indicators shall be used to measure the conformity of the network services referred to in Article 11(1) of Directive 2007/2/EC with the implementing rules referred to in Article 16 of that Directive:

(a)	a general indicator (NSi4), which measures the conformity of all network services with the implementing rules referred to in Article 16 of Directive 2007/2/EC;

(b)

the following specific indicators: (i) NSi4,1, which measures the conformity of discovery services with the implementing rules referred to in Article 16 of Directive 2007/2/EC; (ii) NSi4,2, which measures the conformity of view services with the implementing rules referred to in Article 16 of Directive 2007/2/EC; (iii) NSi4,3, which measures the conformity of download services with the implementing rules referred to in Article 16 of Directive 2007/2/EC; (iv) NSi4,4, which measures the conformity of transformation services with the implementing rules referred to in Article 16 of Directive 2007/2/EC; (v) NSi4,5, which measures the conformity of invoke services with the implementing rules referred to in Article 16 of Directive 2007/2/EC.

2.   Member States shall determine, for each network service mentioned on the list referred to in Article 2(1) of this Decision, whether it is in conformity with the implementing rules referred to in Article 16 of Directive 2007/2/EC and shall attribute to the network service the following values:

(a)	value 1 where the network service is in conformity with the implementing rules referred to in Article 16 of Directive 2007/2/EC;

(b)	value 0 where the network service is not in conformity with the implementing rules referred to in Article 16 of Directive 2007/2/EC.

3.   Member States shall calculate the general indicator NSi4 by dividing the number of network services which are in conformity with the implementing rules referred to in Article 16 of Directive 2007/2/EC, by the total number of network services.

4.   Member States shall calculate the specific indicators as follows:

(a)	the number of discovery services which are in conformity with the implementing rules referred to in Article 16 of Directive 2007/2/EC, divided by the total number of discovery services (NSi4,1);

(b)	the number of view services which are in conformity with the implementing rules referred to in Article 16 of Directive 2007/2/EC, divided by the total number of view services (NSi4,2);

(c)	the number of download services which are in conformity with the implementing rules referred to in Article 16 of Directive 2007/2/EC, divided by the total number of download services (NSi4,3);

(d)	the number of transformation services which are in conformity with the implementing rules referred to in Article 16 of Directive 2007/2/EC, divided by the total number of transformation services (NSi4,4);

(e)	the number of invoke services which are in conformity with the implementing rules referred to in Article 16 of Directive 2007/2/EC, divided by the total number of invoke services (NSi4,5).

Article 11

Information to be provided

1.   Member States shall provide the Commission with the following information:

(a)	the values of all general and specific indicators, expressed in percentage;

(b)	the numerators and denominators of all general and specific indicators;

(c)	the data collected under Articles 3(2), 4(2), 5(2), 6(2), 7(2), 8(2), 9(2) and 10(2).

2.   The results of monitoring referred to in Article 21(1) of Directive 2007/2/EC shall relate to monitoring conducted during a calendar year, and shall be published by 15 May of the following year. Thereafter the results shall be updated at least every year.

The results relating to monitoring conducted in 2009 shall cover the period starting from the date referred to in Article 18 until the end of that year.

CHAPTER V

REPORTING

Article 12

Coordination and quality assurance

1.   With respect to coordination, the summary description referred to in Article 21(2)(a) of Directive 2007/2/EC shall contain the following:

(a)	the name, contact information, role and responsibilities of the Member State contact point;

(b)	the name, contact information, role and responsibilities, organisation chart of the coordinating structure supporting the contact point of the Member State;

(c)	a description of the relationship with third parties;

(d)	an overview of the working practices and procedures of the coordinating body;

(e)	comments on the monitoring and reporting process.

2.   With respect to the organisation of quality assurance, the summary description referred to in Article 21(2)(a) of Directive 2007/2/EC shall contain the following:

(a)	a description of quality assurance procedures, including the maintenance of the infrastructure for spatial information;

(b)	an analysis of quality assurance problems related to the development of the infrastructure for spatial information, taking into account the general and specific indicators;

(c)	a description of the measures taken to improve the quality assurance of the infrastructure;

(d)	where a certification mechanism has been established, a description of that mechanism.

Article 13

Contribution to the functioning and coordination of the infrastructure

The summary description referred to in Article 21(2)(b) of Directive 2007/2/EC shall contain the following:

(a)	an overview of the various stakeholders contributing to the implementation of the infrastructure for spatial information according to the following typology: users, data producers, service providers, coordinating bodies;

(b)	a description of the role of the various stakeholders in the development and maintenance of the infrastructure for spatial information, including their role in the coordination of tasks, in the provision of data and metadata, and in the management, development and hosting of services;

(c)	a general description of the main measures taken to facilitate the sharing of spatial data sets and services between public authorities and a description of how sharing has improved as a result;

(d)	a description of how stakeholders cooperate;

(e)	a description of the access to the services through the Inspire geo-portal, as referred to in Article 15(2) of Directive 2007/2/EC.

Article 14

Use of the infrastructure for spatial information

The information on the use of the infrastructure for spatial information referred to in Article 21(2)(c) of Directive 2007/2/EC shall cover the following:

(a)	the use of the spatial data services of the infrastructure for spatial information, taking into account the general and specific indicators;

(b)	the use of spatial data sets corresponding to the themes listed in Annexes I, II and III to Directive 2007/2/EC by public authorities, with particular attention to good examples in the field of environmental policy;

(c)	if available, evidence showing the use of the infrastructure for spatial information by the general public;

(d)	examples of cross-border use and efforts made to improve cross-border consistency of spatial data sets corresponding to the themes listed in Annexes I, II and III to Directive 2007/2/EC;

(e)	how transformation services are used to achieve data interoperability.

Article 15

Data sharing arrangements

The summary description referred to in Article 21(2)(d) of Directive 2007/2/EC shall contain the following:

(a)	an overview of data sharing arrangements that have been, or are being, created between public authorities;

(b)	an overview of data sharing arrangements that have been, or are being, created between public authorities and Community institutions and bodies, including examples of data sharing arrangements for a particular spatial data set;

(c)	a list of barriers to the sharing of spatial data sets and services between public authorities and between public authorities and the Community institutions and bodies, as well as a description of the actions which are taken to overcome those barriers.

Article 16

Cost and benefit aspects

The summary description referred to in Article 21(2)(e) of Directive 2007/2/EC shall contain the following:

(a)	an estimate of the costs resulting from the implementation of Directive 2007/2/EC;

(b)	examples of the benefits observed, including examples of the positive effects on policy preparation, implementation, evaluation, examples of improved services to the citizen as well as examples of cross-border cooperation.

Article 17

Updating reports

The report referred to in Article 21(3) of Directive 2007/2/EC shall cover the three calendar years preceding the year of the report.

CHAPTER VI

FINAL PROVISIONS

Article 18

Application

This Decision shall apply from 5 June 2009.

Article 19

Addressees

This Decision is addressed to Member States.

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(1)  OJ L 108, 25.4.2007, p. 1.

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11.6.2009

EN

Official Journal of the European Union

L 148/27

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COMMISSION DECISION

of 10 June 2009

amending, for the purposes of adapting to technical progress, the Annex to Directive 2002/95/EC of the European Parliament and of the Council as regards exemptions for applications of lead, cadmium and mercury

(notified under document number C(2009) 4187)

(Text with EEA relevance)

(2009/443/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Directive 2002/95/EC of the European Parliament and of the Council of 27 January 2003 on the restriction of the use of certain hazardous substances in electrical and electronic equipment (1), and in particular Article 5(1)(b) thereof,

Whereas:

(1)	Directive 2002/95/EC requires the Commission to evaluate certain hazardous substances prohibited pursuant to Article 4(1) of that Directive.

(2)	Certain materials and components containing lead and cadmium should be exempted from the prohibition, since the elimination of these hazardous substances in those specific materials and components is still technically or scientifically impracticable.

(3)	The substitution for lead in solders for the soldering of thin copper wires of 100 μm diameter and less in power transformers is not yet practicable.

(4)	No practicable substitutes for lead in the plating layer of high voltage diodes on the basis of a zinc borate glass body are available.

(5)	The substitution of cadmium and cadmium oxide in thick film pastes used on aluminium bonded beryllium oxide is currently not practicable.

(6)	Substitute technologies to replace analogue sound processing circuits in order to avoid the use of cadmium-based optocouplers in all professional audio applications should become practicable by 31 December 2009.

(7)	Substitution for mercury used as a cathode sputtering inhibitor in DC plasma displays with content of up to 30 mg per display is currently technically impracticable, but should be practicable by 1 July 2010.

(8)	Directive 2002/95/EC should therefore be amended accordingly.

(9)	Pursuant to Article 5(2) of Directive 2002/95/EC, the Commission has consulted the relevant parties.

(10)	The measures provided for in this Decision are in accordance with the opinion of the Committee established by Article 18 of Directive 2006/12/EC of the European Parliament and of the Council (2),

HAS ADOPTED THIS DECISION:

Article 1

The Annex to Directive 2002/95/EC is amended as set out in the Annex to this Decision.

Article 2

This Decision is addressed to the Member States.

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(1)  OJ L 37, 13.2.2003, p. 19.

(2)  OJ L 114, 27.4.2006, p. 9.

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11.6.2009

EN

Official Journal of the European Union

L 148/29

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COMMISSION DECISION

of 10 June 2009

allocating the amounts resulting from the modulation provided for in Articles 7 and 10 of Council Regulation (EC) No 73/2009 to the Member States for the years 2009 to 2012

(notified under document number C(2009) 4375)

(2009/444/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 73/2009 of 19 January 2009 establishing common rules for direct support schemes for farmers under the common agricultural policy and establishing certain support schemes for farmers, amending Regulations (EC) No 1290/2005, (EC) No 247/2006 and (EC) No 378/2007 and repealing Regulation (EC) No 1782/2003 (1), and in particular Article 9(2), first subparagraph, and (4) and Article 10(3) thereof,

Whereas:

(1)

Commission Decision 2009/379/EC (2) sets the amounts which, as a result of applying the reductions in direct payments provided for in Article 7(1) and (2) of Regulation (EC) No 73/2009, are available to the European Agricultural Fund for Rural Development (EAFRD) for the financial years 2007 to 2013.

(2)

Article 10(3) and (4) of Council Regulation (EC) No 1782/2003 of 29 September 2003 establishing common rules for direct support schemes under the common agricultural policy and establishing certain support schemes for farmers (3) laid down the criteria for the allocation of the amounts generated by the modulation provided for in paragraph 1 of that Article. These provisions are now contained in Article 9(2) and (3) of Regulation (EC) No 73/2009.

(3)

Article 78 of Commission Regulation (EC) No 796/2004 of 21 April 2004 laying down detailed rules for the implementation of cross-compliance, modulation and the integrated administration and control system provided for in Council Regulation (EC) No 1782/2003 establishing common rules for direct support schemes under the common agricultural policy and establishing certain support schemes for farmers (4) lays down the allocation key for sharing these amounts among the Member States using the criteria laid down in Article 10(3) and (4) of Regulation (EC) No 1782/2003.

(4)

Commission Decision 2006/588/EC (5) allocated the amounts resulting from the modulation provided for in Article 10(3) and (4) of Regulation (EC) No 1782/2003 to the Member States for the years 2006 to 2012. This provision having been adopted in Article 9(2) and (3) of Regulation (EC) No 73/2009, the amounts shown in the Annex to Decision 2006/588/EC for the years 2009 to 2012 are deemed to have been allocated to the Member States pursuant to Article 9(2) and (3) of Regulation (EC) No 73/2009. These amounts therefore continue to apply.

(5)

The remaining amount resulting from application of the modulation provided for in Article 7 of Regulation (EC) No 73/2009 for the years 2009 to 2012 should be allocated to the Member States in accordance with Article 9(4) of that Regulation, and the amounts resulting from application of that modulation in the new Member States as defined in Article 2(g) of that Regulation should be allocated to the Member States in accordance with Article 10(3) of that Regulation.

(6)	For the sake of clarity Decision 2006/588/EC should be repealed and replaced by a new Decision.

(7)	The measures provided for in this Decision are in accordance with the opinion of the Management Committee for Direct Payments,

HAS ADOPTED THIS DECISION:

Article 1

The amounts resulting from the application of five percentage points reduction for the years 2009 to 2012 pursuant to Article 9(2) and (3) of Regulation (EC) No 73/2009 shall be allocated to the Member States in accordance with the table in Annex I to this Decision.

Article 2

The amounts resulting from the application of a reduction by more than the five percentage points envisaged in Article 1 of this Decision for the years 2009 to 2012 pursuant to Article 9(4) of Regulation (EC) No 73/2009 shall be allocated to the Member States in accordance with the table in Annex II to this Decision.

Article 3

The amounts allocated for 2012 pursuant to Article 10(3) of Regulation (EC) No 73/2009 to the new Member States as defined in Article 2(g) of that Regulation are laid down in the table in Annex III to this Decision.

Article 4

Decision 2006/588/EC is hereby repealed.

Article 5

This Decision is addressed to the Member States.

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(1)  OJ L 30, 31.1.2009, p. 16.

(2)  OJ L 117, 12.5.2009, p. 10.

(3)  OJ L 270, 21.10.2003, p. 1.

(4)  OJ L 141, 30.4.2004, p. 18.

(5)  OJ L 240, 2.9.2006, p. 6.

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11.6.2009

EN

Official Journal of the European Union

L 148/33

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COUNCIL JOINT ACTION 2009/445/CFSP

of 9 June 2009

amending Joint Action 2008/124/CFSP on the European Union Rule of Law Mission in Kosovo (1), EULEX KOSOVO

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union, and in particular Article 14 thereof,

Whereas:

(1)	On 4 February 2008, the Council adopted Joint Action 2008/124/CFSP on the European Union Rule of Law Mission in Kosovo, EULEX KOSOVO (2). That Joint Action applies until 14 June 2010.

(2)	Joint Action 2008/124/CFSP provided a financial reference amount intended to cover the expenditure related to the Mission until 14 June 2009. The financial reference amount should be increased to cover the Mission’s expenditure until 14 June 2010.

(3)	Joint Action 2008/124/CFSP should be amended accordingly,

HAS ADOPTED THIS JOINT ACTION:

Article 1

Joint Action 2008/124/CFSP is hereby amended as follows:

1.	Article 16(1) is replaced by the following: ‘1.   The financial reference amount intended to cover the expenditure of EULEX KOSOVO shall be EUR 265 000 000.’;

2.	Article 20 is replaced by the following: ‘Article 20 Entry into force and duration This Joint Action shall enter into force on the day of its adoption. It shall expire on 14 June 2010.’.

Article 2

This Joint Action shall enter into force on the day of its adoption.

Article 3

This Joint Action shall be published in the Official Journal of the European Union.

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(1)  Under United Nations Security Council Resolution 1244 (1999).

(2)  OJ L 42, 16.2.2008, p. 92.

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11.6.2009

EN

Official Journal of the European Union

L 148/34

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POLITICAL AND SECURITY COMMITTEE DECISION ATALANTA/5/2009

of 10 June 2009

amending Political and Security Committee Decision ATALANTA/2/2009 on the acceptance of third States' contributions to the European Union military operation to contribute to the deterrence, prevention and repression of acts of piracy and armed robbery off the Somali coast (Atalanta) and Political and Security Committee Decision ATALANTA/3/2009 on the setting-up of the Committee of Contributors for the European Union military operation to contribute to the deterrence, prevention and repression of acts of piracy and armed robbery off the Somali coast (Atalanta)

(2009/446/CFSP)

THE POLITICAL AND SECURITY COMMITTEE,

Having regard to the Treaty on European Union, and in particular the third subparagraph of Article 25 thereof,

Having regard to Council Joint Action 2008/851/CFSP of 10 November 2008 on a European Union military operation to contribute to the deterrence, prevention and repression of acts of piracy and armed robbery off the Somali coast (1), and in particular Article 10(2) thereof on the participation by third States,

Having regard to Political and Security Committee Decision Atalanta/2/2009 of 21 April 2009 on the acceptance of third States' contributions to the European Union military operation to contribute to the deterrence, prevention and repression of acts of piracy and armed robbery off the Somali coast (Atalanta) (2) and to Political and Security Committee Decision Atalanta/3/2009 of 21 April 2009 on the setting-up of the Committee of Contributors for the European Union military operation to contribute to the deterrence, prevention and repression of acts of piracy and armed robbery off the Somali coast (Atalanta) (3), and the addendum thereto (4),

Whereas:

(1)	The EU Operation Commander held Force Generation and Manning Conferences on 17 November 2008, 16 December 2008 and 19 March 2009.

(2)	Following the recommendations on a contribution from Croatia by the EU Operation Commander and the European Union Military Committee, the contribution from Croatia should be accepted.

(3)

In accordance with Article 6 of the Protocol on the position of Denmark annexed to the Treaty on European Union and to the Treaty establishing the European Community, Denmark does not participate in the elaboration and implementation of decisions and actions of the European Union which have defence implications,

HAS DECIDED AS FOLLOWS:

Article 1

Article 1 of Political and Security Committee Decision Atalanta/2/2009 shall be replaced by the following:

Article 2

The Annex to Political and Security Committee Decision Atalanta/3/2009 shall be modified as follows:

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(1)  OJ L 301, 12.11.2008, p. 33.

(2)  OJ L 109, 30.4.2009, p. 52.

(3)  OJ L 112, 6.5.2009, p. 9.

(4)  OJ L 119, 14.5.2009, p. 40.

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11.6.2009

EN

Official Journal of the European Union

L 148/35

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EFTA SURVEILLANCE AUTHORITY DECISION

No 387/06/COL

of 13 December 2006

amending EFTA Surveillance Authority Decision No 195/04/COL on the implementing provisions referred to under Article 27 in Part II of Protocol 3 to the Agreement between the EFTA States on the establishment of a Surveillance Authority and a Court of Justice as regards the standard forms for notification of aid

THE EFTA SURVEILLANCE AUTHORITY,

HAVING REGARD to the Agreement on the European Economic Area (1), in particular to Articles 61 to 63 and Protocol 26 thereof,

HAVING REGARD to the Agreement between the EFTA States on the Establishment of a Surveillance Authority and a Court of Justice (2), in particular to Article 27 in Part II of Protocol 3 to the Surveillance and Court Agreement,

WHEREAS on 14 July 2004, the EFTA Surveillance Authority adopted Decision No 195/04/COL on the implementing provisions referred to under Articles 27 to 29 in Part II of Protocol 3 to the Surveillance and Court Agreement (3),

WHEREAS the EFTA Surveillance Authority Decision No 195/04/COL established a compulsory comprehensive State aid notification form,

WHEREAS the EFTA Surveillance Authority adopted new guidelines on national regional aid for the period 2007 to 2013 (4) which will be applicable to all regional aid to be granted after 31 December 2006,

WHEREAS as a consequence of the adoption of the new Community guidelines on national regional aid for the period 2007 to 2013 (5), the European Commission has modified parts of the notification form (6),

WHEREAS following the adoption by the EFTA Surveillance Authority of new guidelines on national regional aid for the period 2007 to 2013, it is necessary to modify parts of the notification form in Decision No 195/04/COL,

AFTER CONSULTING the Advisory Committee on State Aid by letter dated 21 November 2006 on the basis of Article 29 in Part II of Protocol 3 to the Surveillance and Court Agreement,

HAS ADOPTED THIS DECISION:

Article 1

Annex I to the EFTA Surveillance Authority Decision No 195/04/COL is amended in accordance with the Annex to this Decision.

Article 2

This Decision is addressed to the Republic of Iceland, the Principality of Liechtenstein and the Kingdom of Norway.

Article 3

This Decision shall enter into force on the day following its adoption by the Authority.

Article 4

This Decision is authentic in the English language.

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(1)  Hereinafter referred to as the EEA Agreement.

(2)  Hereinafter referred to as the Surveillance and Court Agreement.

(3)  OJ L 139, 25.5.2006, p. 37 and the EEA Supplement No 26, 25.5.2006, p. 1.

(4)  EFTA Surveillance Authority’s Decision No 85/06/COL of 6 April 2006, not yet published in the Official Journal. Chapter 25B of the State Aid Guidelines corresponds to Communication from the Commission — Guidelines on national regional aid for 2007-2013 (OJ C 54, 4.3.2006, p. 13).

(5)  See footnote 4.

(6)  Commission Regulation (EC) No 1627/2006 of 24 October 2006 amending Regulation (EC) No 794/2004 as regards the standard forms for notification of aid (OJ L 302, 1.11.2006, p. 10).

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11.6.2009

EN

Official Journal of the European Union

L 148/55

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EFTA SURVEILLANCE AUTHORITY DECISION

No 637/08/COL

of 8 October 2008

amending, for the sixty-sixth time, the procedural and substantive rules in the field of State aid

THE EFTA SURVEILLANCE AUTHORITY (1),

HAVING REGARD to the Agreement on the European Economic Area (2), in particular to Articles 61 to 63 and Protocol 26 thereof,

HAVING REGARD to the Agreement between the EFTA States on the Establishment of a Surveillance Authority and a Court of Justice (3), in particular to Article 24 and Article 5(2)(b) thereof,

WHEREAS under Article 24 of the Surveillance and Court Agreement, the Authority shall give effect to the provisions of the EEA Agreement concerning State aid,

WHEREAS under Article 5(2)(b) of the Surveillance and Court Agreement, the Authority shall issue notices or guidelines on matters dealt with in the EEA Agreement, if that Agreement or the Surveillance and Court Agreement expressly so provides or if the Authority considers it necessary,

RECALLING the Procedural and Substantive Rules in the Field of State Aid adopted on 19 January 1994 by the Authority (4),

WHEREAS, on 8 July 2008, the Commission of the European Communities (5) adopted a Communication concerning the prolongation of the Framework on State aid to shipbuilding (6) extending the validity of these guidelines until 31 December 2011,

WHEREAS this Communication is also of relevance for the European Economic Area,

WHEREAS uniform application of the EEA State aid rules is to be ensured throughout the European Economic Area,

WHEREAS, according to point II under the heading ‘GENERAL’ at the end of Annex XV to the EEA Agreement, the Authority, after consultation with the EC Commission, is to adopt acts corresponding to those adopted by the EC Commission,

HAVING consulted the EC Commission on 9 September 2008,

RECALLING that the Authority by letter of 9 September 2008 invited the EFTA States to submit comments on the subject and that the EFTA States did not present any objection,

HAS ADOPTED THIS DECISION:

Article 1

The validity of the Chapter in the EFTA Surveillance Authority’s Guidelines on State aid to shipbuilding is prolonged until 31 December 2011. Paragraph 31 of the Guidelines on State aid to shipbuilding shall read as follows:

Footnote 1 of the Guidelines on State aid to shipbuilding shall read as follows:

Article 2

Only the English version is authentic.

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(1)  Hereinafter referred to as ‘the Authority’.

(2)  Hereinafter referred to as ‘the EEA Agreement’.

(3)  Hereinafter referred to as ‘the Surveillance and Court Agreement’.

(4)  Guidelines on the application and interpretation of Articles 61 and 62 of the EEA Agreement and Article 1 of Protocol 3 to the Surveillance and Court Agreement, adopted and issued by the Authority on 19 January 1994, published in OJ L 231, 3.9.1994, and in EEA Supplement No 32 of 3.9.1994, p. 1. The Guidelines were last amended on 16 July 2008. Hereinafter referred to as ‘the State Aid Guidelines’. The updated version of the State Aid Guidelines is published on the Authority’s website: http://www.eftasurv.int/fieldsofwork/fieldstateaid/state_aid_guidelines/

(5)  Hereinafter referred to as ‘the EC Commission’.

(6)  OJ C 173, 8.7.2008, p. 3.

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