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ISSN 1725-2555 |
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Official Journal of the European Union |
L 59 |
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English edition |
Legislation |
Volume 51 |
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Contents |
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I Acts adopted under the EC Treaty/Euratom Treaty whose publication is obligatory |
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REGULATIONS |
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II Acts adopted under the EC Treaty/Euratom Treaty whose publication is not obligatory |
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DECISIONS |
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Council |
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2008/180/EC |
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2008/181/EC |
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2008/182/Euratom |
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2008/183/EC |
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2008/184/EC |
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Commission |
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2008/185/EC |
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Commission Decision of 21 February 2008 on additional guarantees in intra-Community trade of pigs relating to Aujeszky’s disease and criteria to provide information on this disease (notified under document number C(2008) 669) (Codified version) ( 1 ) |
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III Acts adopted under the EU Treaty |
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ACTS ADOPTED UNDER TITLE V OF THE EU TREATY |
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Council Common Position 2008/186/CFSP of 3 March 2008 amending Common Position 2003/495/CFSP on Iraq |
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(1) Text with EEA relevance |
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EN |
Acts whose titles are printed in light type are those relating to day-to-day management of agricultural matters, and are generally valid for a limited period. The titles of all other Acts are printed in bold type and preceded by an asterisk. |
I Acts adopted under the EC Treaty/Euratom Treaty whose publication is obligatory
REGULATIONS
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4.3.2008 |
EN |
Official Journal of the European Union |
L 59/1 |
COUNCIL REGULATION (EC) No 195/2008
of 3 March 2008
amending Regulation (EC) No 1210/2003 concerning certain specific restrictions on economic and financial relations with Iraq
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Articles 60 and 301 thereof,
Having regard to Council Common Position 2008/186/CFSP of 3 March 2008 amending Common Position 2003/495/CFSP on Iraq (1),
Having regard to the proposal from the Commission,
Whereas:
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(1) |
In accordance with United Nations Security Council (UNSC) Resolution 1483 (2003), Article 2 of Council Regulation (EC) No 1210/2003 (2) made specific arrangements as regards payments for petroleum, petroleum products, and natural gas exported from Iraq, whilst Article 10 of that Regulation made specific arrangements concerning immunity from legal proceedings of certain Iraqi assets. The specific arrangements on payments continue to apply, whilst the specific arrangements on immunities applied until 31 December 2007. |
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(2) |
UNSC Resolution 1790 (2007) and Common Position 2008/186/CFSP provide that both of these specific arrangements are to apply until 31 December 2008. Regulation (EC) No 1210/2003 should therefore be amended accordingly. |
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(3) |
It is also appropriate to align Regulation (EC) No 1210/2003 with recent developments in sanctions practice regarding the identification of competent authorities, liability for infringements and jurisdiction. For the purpose of this Regulation, the territory of the Community is deemed to encompass the territories of the Member States to which the Treaty is applicable, under the conditions laid down in the Treaty. |
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(4) |
In order to ensure that the measures provided for in this Regulation are effective, this Regulation should enter into force immediately, |
HAS ADOPTED THIS REGULATION:
Article 1
Regulation (EC) No 1210/2003 is hereby amended as follows:
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1. |
Article 2 shall be replaced by the following: ‘Article 2 All proceeds from all export sales of petroleum, petroleum products and natural gas from Iraq, as listed in Annex I, as of 22 May 2003 shall be deposited into the Development Fund for Iraq under the conditions set out in UNSC Resolution 1483 (2003) and in particular paragraphs 20 and 21 thereof.’; |
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2. |
the following Article shall be inserted: ‘Article 4a The prohibition set out in Article 4(3) and 4(4) shall not give rise to liability of any kind on the part of the natural or legal persons or entities concerned, if they did not know, and had no reasonable cause to suspect, that their actions would infringe this prohibition.’; |
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3. |
Article 6 shall be replaced by the following: ‘Article 6 1. By way of derogation from Article 4, the competent authorities indicated in the websites listed in Annex V, may authorise the release of frozen funds or economic resources, if all of the following conditions are met:
2. In all other circumstances, funds, economic resources and proceeds of economic resources frozen pursuant to Article 4 shall only be unfrozen for the purpose of their transfer to the Development Fund for Iraq held by the Central Bank of Iraq, under the conditions set out in UNSC Resolution 1483 (2003).’; |
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4. |
Article 7 shall be replaced by the following: ‘Article 7 1. The participation, knowingly and intentionally, in activities, the object or effect of which is, directly or indirectly, to circumvent Article 4 or to promote the transactions referred to in Articles 2 and 3, shall be prohibited. 2. Any information that the provisions of this Regulation are being, or have been, circumvented shall be notified to the competent authorities indicated in the websites listed in Annex V, and, directly or through these competent authorities, to the Commission.’; |
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5. |
Article 8 shall be replaced by the following: ‘Article 8 1. Without prejudice to the applicable rules concerning reporting, confidentiality and professional secrecy and to the provisions of Article 284 of the Treaty, natural and legal persons, entities and bodies shall:
2. Any information provided or received in accordance with this Article shall be used only for the purposes for which it was provided or received.’; |
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6. |
the following Article shall be inserted: ‘Article 15a 1. Member States shall designate the competent authorities referred to in Articles 6, 7 and 8 of this Regulation and identify them in, or through, the websites listed in Annex V. 2. Member States shall notify the Commission of their competent authorities before 15 March 2008 and shall notify it of any subsequent changes.’; |
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7. |
Article 16 shall be replaced by the following: ‘Article 16 This Regulation shall apply:
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8. |
Article 18(3) shall be replaced by the following: ‘3. Articles 2 and 10 shall apply until 31 December 2008.’; |
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9. |
Annex V shall be replaced by the text appearing 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.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 3 March 2008.
For the Council
The President
J. PODOBNIK
(1) See page 31 of this Official Journal.
(2) OJ L 169, 8.7.2003, p. 6. Regulation as last amended by Regulation (EC) No 1791/2006 (OJ L 363, 20.12.2006, p. 1).
ANNEX
‘ANNEX V
Websites for information on the competent authorities referred to in Articles 6, 7 and 8 and address for notifications to the European Commission
A. Websites for information on competent authorities
BELGIUM
http://www.diplomatie.be/eusanctions
BULGARIA
http://www.mfa.government.bg
CZECH REPUBLIC
http://www.mfcr.cz/mezinarodnisankce
DENMARK
http://www.um.dk/da/menu/Udenrigspolitik/FredSikkerhedOgInternationalRetsorden/Sanktioner/
GERMANY
http://www.bmwi.de/BMWi/Navigation/Aussenwirtschaft/Aussenwirtschaftsrecht/embargos.html
ESTONIA
http://www.vm.ee/est/kat_622/
IRELAND
http://www.dfa.ie/home/index.aspx?id=28519
GREECE
hhttp://www.ypex.gov.gr/www.mfa.gr/en-US/Policy/Multilateral+Diplomacy/International+Sanctions/
SPAIN
www.mae.es/es/MenuPpal/Asuntos/Sanciones+Internacionales
FRANCE
http://www.diplomatie.gouv.fr/autorites-sanctions/
ITALY
http://www.esteri.it/UE/deroghe.html
CYPRUS
http://www.mfa.gov.cy/sanctions
LATVIA
http://www.mfa.gov.lv/en/security/4539
LITHUANIA
http://www.urm.lt
LUXEMBOURG
http://www.mae.lu/sanctions
HUNGARY
http://www.kulugyminiszterium.hu/kum/hu/bal/Kulpolitikank/nemzetkozi_szankciok/
MALTA
http://www.doi.gov.mt/EN/bodies/boards/sanctions_monitoring.asp
NETHERLANDS
http://www.minbuza.nl/sancties
AUSTRIA
http://www.bmeia.gv.at/view.php3?f_id=12750&LNG=en&version=
POLAND
http://www.msz.gov.pl
PORTUGAL
http://www.min-nestrangeiros.pt
ROMANIA
http://www.mae.ro/index.php?unde=doc&id=32311&idlnk=1&cat=3
SLOVENIA
http://www.mzz.gov.si/si/zunanja_politika/mednarodna_varnost/omejevalni_ukrepi/
SLOVAKIA
http://www.foreign.gov.sk
FINLAND
http://formin.finland.fi/kvyhteistyo/pakotteet
SWEDEN
http://www.ud.se/sanktioner
UNITED KINGDOM
http://www.fco.gov.uk/competentauthorities
B. Address for notifications to the European Commission:
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Commission of the European Communities |
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Directorate-General for External Relations |
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Directorate A. Crisis Platform and Policy Coordination in Common Foreign and Security Policy |
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Unit A.2. Crisis Response and Peace Building |
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CHAR 12/106 |
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B-1049 Brussels |
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Tel. (32-2) 295 5585 |
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Fax (32-2) 299 0873’ |
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4.3.2008 |
EN |
Official Journal of the European Union |
L 59/6 |
COMMISSION REGULATION (EC) No 196/2008
of 3 March 2008
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 Commission Regulation (EC) No 1580/2007 of 21 December 2007 laying down implementing rules of Council Regulations (EC) No 2200/96, (EC) No 2201/96 and (EC) No 1182/2007 in the fruit and vegetable sector (1), and in particular Article 138(1) thereof,
Whereas:
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(1) |
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 the Annex thereto. |
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(2) |
In compliance with the above criteria, the standard import values must be fixed at the levels set out in the Annex to this Regulation, |
HAS ADOPTED THIS REGULATION:
Article 1
The standard import values referred to in Article 138 of Regulation (EC) No 1580/2007 shall be fixed as indicated in the Annex hereto.
Article 2
This Regulation shall enter into force on 4 March 2008.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 3 March 2008.
For the Commission
Jean-Luc DEMARTY
Director-General for Agriculture and Rural Development
ANNEX
to Commission Regulation of 3 March 2008 establishing the standard import values for determining the entry price of certain fruit and vegetables
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(EUR/100 kg) |
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CN code |
Third country code (1) |
Standard import value |
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0702 00 00 |
JO |
69,6 |
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MA |
51,6 |
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TN |
120,5 |
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TR |
143,2 |
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ZZ |
96,2 |
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0707 00 05 |
EG |
244,4 |
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JO |
190,5 |
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MA |
114,7 |
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TR |
168,8 |
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ZZ |
179,6 |
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0709 90 70 |
MA |
82,8 |
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TR |
160,7 |
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ZZ |
121,8 |
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0709 90 80 |
EG |
54,8 |
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ZZ |
54,8 |
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0805 10 20 |
EG |
44,7 |
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IL |
54,4 |
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MA |
56,2 |
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TN |
50,5 |
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TR |
89,7 |
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ZZ |
59,1 |
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0805 50 10 |
IL |
109,4 |
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SY |
56,4 |
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TR |
124,9 |
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ZZ |
96,9 |
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0808 10 80 |
AR |
102,3 |
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CA |
53,7 |
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CN |
97,0 |
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MK |
42,4 |
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US |
109,6 |
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UY |
89,9 |
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ZZ |
82,5 |
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0808 20 50 |
AR |
82,0 |
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CL |
63,2 |
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CN |
80,3 |
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US |
123,2 |
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ZA |
102,3 |
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ZZ |
90,2 |
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(1) Country nomenclature as fixed by Commission Regulation (EC) No 1833/2006 (OJ L 354, 14.12.2006, p. 19). Code ‘ ZZ ’ stands for ‘of other origin’.
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4.3.2008 |
EN |
Official Journal of the European Union |
L 59/8 |
COMMISSION REGULATION (EC) No 197/2008
of 3 March 2008
approving non-minor amendments to the specification for a name entered in the register of protected designations of origin and protected geographical indications (Queijo Serra da Estrela (PDO))
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 510/2006 of 20 March 2006 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs (1), and in particular the first subparagraph of Article 7(4) thereof,
Whereas:
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(1) |
By virtue of the first subparagraph of Article 9(1) and having regard to Article 17(2) of Regulation (EC) No 510/2006, the Commission has examined Portugal's request for approval of amendments to the specification for the protected designation of origin ‘Queijo Serra da Estrela’, registered under Commission Regulation (EC) No 1107/96 (2). |
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(2) |
Since the amendments in question are not minor within the meaning of Article 9 of Regulation (EC) No 510/2006, the Commission published the amendment application in the Official Journal of the European Union as required by the first subparagraph of Article 6(2) of that Regulation (3). As no statement of objection within the meaning of Article 7 of Regulation (EC) No 510/2006 has been sent to the Commission, the amendments should be approved, |
HAS ADOPTED THIS REGULATION:
Article 1
The amendments to the specification published in the Official Journal of the European Union regarding the name in the Annex to this Regulation are hereby approved.
Article 2
This Regulation shall enter into force on the 20th day following its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 3 March 2008.
For the Commission
Mariann FISCHER BOEL
Member of the Commission
(1) OJ L 93, 31.3.2006, p. 12. Regulation as amended by Regulation (EC) No 1791/2006 (OJ L 363, 20.12.2006, p. 1).
(2) OJ L 148, 21.6.1996, p. 1. Regulation as last amended by Regulation (EC) No 2156/2005 (OJ L 342, 24.12.2005, p. 54).
ANNEX
1. Agricultural products intended for human consumption listed in Annex I to the Treaty:
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Class 1.3. |
Cheese |
PORTUGAL
Queijo Serra da Estrela (PDO)
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4.3.2008 |
EN |
Official Journal of the European Union |
L 59/10 |
COMMISSION REGULATION (EC) No 198/2008
of 3 March 2008
amending for the 92nd 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 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 Article 7(1), first indent, thereof,
Whereas:
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(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. |
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(2) |
On 20 February 2008, the Sanctions Committee of the United Nations Security Council decided to amend the list of persons, groups and entities to whom the freezing of funds and economic resources should apply. Annex I should therefore be amended accordingly, |
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 following that of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 3 March 2008.
For the Commission
Eneko LANDÁBURU
Director-General for External Relations
(1) OJ L 139, 29.5.2002, p. 9. Regulation as last amended by Commission Regulation (EC) No 59/2008 (OJ L 22, 25.1.2008, p. 4).
ANNEX
Annex I to Regulation (EC) No 881/2002 is amended as follows:
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(1) |
The entry ‘Islamic Jihad Group (alias (a) Jama’at al-Jihad, (b) Libyan Society, (c) Kazakh Jama’at, (d) Jamaat Mojahedin, (e) Jamiyat, (f) Jamiat al-Jihad al-Islami, (g) Dzhamaat Modzhakhedov, (h) Islamic Jihad Group of Uzbekistan, (i) al-Djihad al-Islami, (j) Zamaat Modzhakhedov Tsentralnoy Asii)’ under the heading ‘Legal persons, groups and entities’ shall be replaced by: ‘Islamic Jihad Group (alias (a) Jama’at al-Jihad, (b) Libyan Society, (c) Kazakh Jama’at, (d) Jamaat Mojahedin, (e) Jamiyat, (f) Jamiat al-Jihad al-Islami, (g) Dzhamaat Modzhakhedov, (h) Islamic Jihad Group of Uzbekistan, (i) al-Djihad al-Islami, (j) Zamaat Modzhakhedov Tsentralnoy Asii, (k) Islamic Jihad Union).’ |
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(2) |
The entry ‘Fahd Muhammad ‘Abd Al-‘Aziz Al-Khashiban (alias (a) Fahad H. A. Khashayban, (b) Fahad H. A. al-Khashiban, (c) Fahad H. A. Kheshaiban, (d) Fahad H. A. Kheshayban, (e) Fahad H. A. al-Khosiban, (f) Fahad H. A. Khasiban, (g) Fahd Muhammad ‘Abd Al-‘Aziz al-Khashayban (h) Fahd Muhammad’ Abd al-‘Aziz al-Khushayban, (i) Fahad al-Khashiban, (j) Fahd Khushaiban, (k) Fahad Muhammad A. al-Khoshiban, (l) Fahad Mohammad A. al-Khoshiban, (m) Abu Thabit, (n) Shaykh Abu Thabit, (o) Shaykh Thabet, (p) Abu Abdur Rahman, (q) Abdur Abu Rahman). Date of birth: 16.10.1966. Place of birth: ‘Aniza, Saudi Arabia. Other information: Involved in the financing of and otherwise provided assistance to Abu Sayyaf Group’ under the heading ‘Natural persons’ shall be replaced by: ‘Fahd Muhammad ‘Abd Al-‘Aziz Al-Khashiban (alias (a) Fahad H. A. Khashayban, (b) Fahad H. A. al-Khashiban, (c) Fahad H. A. Kheshaiban, (d) Fahad H. A. Kheshayban, (e) Fahad H. A. al-Khosiban, (f) Fahad H. A. Khasiban, (g) Fahd Muhammad ‘Abd Al-‘Aziz al-Khashayban (h) Fahd Muhammad’ Abd al-‘Aziz al-Khushayban, (i) Fahad al-Khashiban, (j) Fahd Khushaiban, (k) Fahad Muhammad A. al-Khoshiban, (l) Fahad Mohammad A. al-Khoshiban, (m) Fahad Mohammad Abdulaziz Alkhoshiban, (n) Abu Thabit, (o) Shaykh Abu Thabit, (p) Shaykh Thabet, (q) Abu Abdur Rahman, (r) Abdur Abu Rahman). Date of birth: 16.10.1966. Place of birth: Oneiza, Saudi Arabia. Passport No: G477835 (issued on 26.6.2006, expires on 3.5.2011). Nationality: Saudi Arabian. Other information: Involved in the financing of and otherwise provided assistance to Abu Sayyaf Group.’ |
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(3) |
The entry ‘Abdul Rahim Al-Talhi (alias (a) ‘Abdul-Rahim Hammad al-Talhi, (b) Abd’ Al-Rahim Hamad al-Tahi, (c) Abdulrheem Hammad A Altalhi, (d) Abe Al-Rahim al-Talahi, (e) Abd Al-Rahim Al Tahli, (f) ‘Abd al-Rahim al-Talhi, (g) Abdulrahim Al Tahi, (h) Abdulrahim al-Talji, (i) ‘Abd-Al-Rahim al Talji, (j) Abdul Rahim, (k) Abu Al Bara’a Al Naji, (l) Shuwayb Junayd. Address: Buraydah, Saudi Arabia. Date of birth: 8.12.1961. Place of birth: Al-Taif, Saudi Arabia. Passport No: F275043, issued on 29.5.2004, expires on 5.4.2009. Nationality: Saudi Arabian. Other information: Involved in the financing of, arms supply to and otherwise provided assistance to Abu Sayyaf Group’ under the heading ‘Natural persons’ shall be replaced by: ‘Abdul Rahim Al-Talhi (alias (a) ‘Abdul-Rahim Hammad al-Talhi, (b) Abd’ Al-Rahim Hamad al-Tahi, (c) Abdulrheem Hammad A Altalhi, (d) Abe Al-Rahim al-Talahi, (e) Abd Al-Rahim Al Tahli, (f) ‘Abd al-Rahim al-Talhi, (g) Abdulrahim Al Tahi, (h) Abdulrahim al-Talji, (i) ‘Abd-Al-Rahim al Talji, (j) Abdul Rahim Hammad Ahmad Al-Talhi, (k) Abdul Rahim, (l) Abu Al Bara’a Al Naji, (m) Shuwayb Junayd. Address: Buraydah, Saudi Arabia. Date of birth: 8.12.1961. Place of birth: Al-Shefa, Al-Taif, Saudi Arabia. Passport No: F275043 (issued on 29.5.2004, expires on 5.4.2009). Nationality: Saudi Arabian. Other information: Involved in the financing of, arms supply to and otherwise provided assistance to Abu Sayyaf Group.’ |
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(4) |
The entry ‘Muhammad ‘Abdallah Salih Sughayr (alias (a) Muhammad’ Abdallah Salih Al-Sughayir, (b) Muhammad’ Abdallah Salih Al-Sughaier, (c) Muhammad’ Abdallah Salih Al-Sughayer, (d) Mohd Al-Saghir, (e) Muhammad Al-Sugayer, (f) Muhammad ‘Abdallah Salih Al-Sughair, (g) Muhammad ‘Abdallah Salih Al-Sugair, (h) Muhammad’ Abdallah Salih Al-Suqayr, (i) Abu Bakr, (j) Abu Abdullah. Date of birth: (a) 20.8.1972, (b) 10.8.1972. Place of birth: Al-Karawiya, Saudi Arabia. Other information: Involved in the financing of, arms supply to, recruitment for and otherwise provided assistance to Abu Sayyaf Group’ under the heading ‘Natural persons’ shall be replaced by: ‘Muhammad ‘Abdallah Salih Sughayr (alias (a) Muhammad’ Abdallah Salih Al-Sughayir, (b) Muhammad’ Abdallah Salih Al-Sughaier, (c) Muhammad’ Abdallah Salih Al-Sughayer, (d) Mohd Al-Saghir, (e) Muhammad Al-Sugayer, (f) Muhammad ‘Abdallah Salih Al-Sughair, (g) Muhammad ‘Abdallah Salih Al-Sugair, (h) Muhammad ‘Abdallah Salih Al-Suqayr, (i) Mohammad Abdullah S Ssughayer, (j) Abu Bakr, (k) Abu Abdullah. Date of birth: (a) 20.8.1972, (b) 10.8.1972. Place of birth: Al-Karawiya, Oneiza, Saudi Arabia. Passport No: E864131 (issued on 30.12.2001, expired on 6.11.2006). Nationality: Saudi Arabian. Other information: Involved in the financing of, arms supply to, recruitment for and otherwise provided assistance to Abu Sayyaf Group.’ |
II Acts adopted under the EC Treaty/Euratom Treaty whose publication is not obligatory
DECISIONS
Council
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4.3.2008 |
EN |
Official Journal of the European Union |
L 59/12 |
COUNCIL DECISION
of 25 February 2008
concerning the conclusion of the Agreement on scientific and technological cooperation between the European Community and the Arab Republic of Egypt
(2008/180/EC)
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Article 170 in conjunction with the first sentence of the first subparagraph of Article 300(2) and the first subparagraph of Article 300(3),
Having regard to the proposal from the Commission,
Having regard to the opinion of the European Parliament (1),
Whereas:
|
(1) |
The Commission has negotiated, on behalf of the Community, an Agreement on scientific and technological cooperation between the European Community and the Arab Republic of Egypt (the Agreement). |
|
(2) |
Subject to possible conclusion at a later date, the Agreement initialled on 4 March 2004 was signed on 21 June 2005, with a provisional application upon its signature. |
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(3) |
The Agreement is based on the principles of mutual benefit, reciprocal opportunities for access to each other’s programmes and activities relevant to the purpose of the Agreement, non-discrimination, the effective protection of intellectual property, and equitable sharing of intellectual property rights. Participation in indirect actions of legal entities established in the Arab Republic of Egypt shall be subject to the terms and conditions for legal entities in third countries established by a decision taken by the European Parliament and the Council according to Article 167 of the Treaty, Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (2) and other applicable Community legislation. |
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(4) |
The Agreement should be concluded in such a way that the languages of all Member States are authentic. This will be done via an Exchange of Letters. |
|
(5) |
The Agreement should be approved, |
HAS DECIDED AS FOLLOWS:
Article 1
The Agreement for scientific and technological cooperation between the European Community and the Arab Republic of Egypt (3) is hereby approved on behalf of the Community.
Article 2
The President of the Council shall, acting on behalf of the Community, give the notification provided for in Article 7 of the Agreement and shall be authorised to approve with the Arab Republic of Egypt, via an Exchange of Letters, that the text of the Agreement is authentic in all the languages of the Member States following the accessions of 2004 and 2007.
Done at Brussels, 25 February 2008.
For the Council
The President
A. VIZJAK
(1) Opinion of 29 November 2007 (not yet published in the Official Journal).
(2) OJ L 248, 16.9.2002, p. 1. Regulation as last amended by Regulation (EC) No 1525/2007 (OJ L 343, 27.12.2007, p. 9).
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4.3.2008 |
EN |
Official Journal of the European Union |
L 59/14 |
COUNCIL DECISION
of 25 February 2008
concerning the conclusion of the Agreement on Scientific and Technical Cooperation between the European Community and the State of Israel
(2008/181/EC)
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Article 170 thereof, in conjunction with the first sentence of the first subparagraph of Article 300(2) and Article 300(3) thereof,
Having regard to the proposal from the Commission,
Having regard to the Opinion of the European Parliament (1),
Whereas:
|
(1) |
The Commission has negotiated, on behalf of the Community, the renewal of the Agreement on Scientific and Technological Cooperation with the State of Israel (the Agreement). |
|
(2) |
The Agreement was signed on behalf of the Community on 16 July 2007 in Brussels, subject to possible conclusion at a later date. |
|
(3) |
The Agreement should be approved, |
HAS DECIDED AS FOLLOWS:
Article 1
The Agreement on Scientific and Technological Cooperation between the European Community and the State of Israel (2) is hereby approved on behalf of the Community.
Article 2
The President of the Council shall, acting on behalf of the Community, give the notification provided for in Article 5(2) of the Agreement.
Done at Brussels, 25 February 2008.
For the Council
The President
A. VIZJAK
(1) Opinion of 25 September 2007 (not yet published in the Official Journal).
|
4.3.2008 |
EN |
Official Journal of the European Union |
L 59/15 |
COUNCIL DECISION
of 25 February 2008
amending Council Decision of 16 December 1980 setting up the Consultative Committee for the Fusion Programme
(2008/182/Euratom)
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Atomic Energy Community, and in particular to the fourth paragraph of Article 7 thereof,
Having regard to the Council Decision 2006/970/Euratom of 18 December 2006 concerning the Seventh Framework Programme of the European Atomic Energy Community (Euratom) for nuclear research and training activities (1), also contributing towards the creation of a knowledge-based society, building on the European Research Area,
Having regard to the Council Decision 2006/976/Euratom of 19 December 2006 concerning the Specific Programme implementing the Seventh Framework Programme of the European Atomic Energy Community (Euratom) for nuclear research and training activities (2007 to 2011) (2), and in particular to Article 7(2) thereof, that provides that, for the purposes of implementing the Specific Programme, the Commission shall be assisted by a Consultative Committee and that, for fusion-related aspects, the composition of this Committee and the detailed operational rules and procedures applicable to it shall be as laid down in the Council Decision of 16 December 1980 setting up a Consultative Committee for the Fusion Programme (3) (hereinafter referred to as the Council Decision of 16 December 1980 and the CCE-FU, respectively),
Having regard to the 2005 Act of Accession, and in particular Article 50 thereof,
Having regard to the Council Decision of 16 December 1980, and in particular to paragraph 14 thereof, that lays down a voting system for the CCE-FU,
Whereas:
|
(1) |
The CCE-FU shall deliver its opinions by means of a weighted voting system when, acting under paragraph 5(g) of the Council Decision of 16 December 1980, it defines priority actions with a view to allocation of preferential support. |
|
(2) |
On 21 March 2007 the CCE-FU unanimously recommended updating its weighted voting system which should be applied within the Committee referred to in paragraph 14 of the Council Decision of 16 December 1980, when dealing with fusion-related aspects, in order to include the voting rights of the new Member States following their accession. |
|
(3) |
In view of the above, it is now appropriate to amend accordingly the Council Decision of 16 December 1980, |
HAS DECIDED AS FOLLOWS:
Sole Article
In paragraph 14 of the Council Decision of 16 December 1980, the last two sentences shall be replaced by the following text:
‘Opinions relating to paragraph 5(g) shall be adopted by the following weighted voting system:
|
Belgium |
2 |
|
Bulgaria |
2 |
|
Czech Republic |
2 |
|
Denmark |
2 |
|
Germany |
5 |
|
Estonia |
1 |
|
Greece |
2 |
|
Spain |
3 |
|
France |
5 |
|
Ireland |
2 |
|
Italy |
5 |
|
Cyprus |
1 |
|
Latvia |
1 |
|
Lithuania |
2 |
|
Luxembourg |
1 |
|
Hungary |
2 |
|
Malta |
1 |
|
Netherlands |
2 |
|
Austria |
2 |
|
Poland |
3 |
|
Portugal |
2 |
|
Romania |
2 |
|
Slovenia |
1 |
|
Slovakia |
2 |
|
Finland |
2 |
|
Sweden |
2 |
|
United Kingdom |
5 |
|
Switzerland |
2 |
|
Total |
64 |
For the adoption of an opinion, the required majority shall be 33 votes in favour by at least 15 delegations.’
Done at Brussels, 25 February 2008.
For the Council
The President
A. VIZJAK
(1) OJ L 400, 30.12.2006, p. 60, as corrected by OJ L 54, 22.2.2007, p. 21.
(2) OJ L 400, 30.12.2006, p. 404, as corrected by OJ L 54, 22.2.2007, p. 139.
(3) Not published, but last amended by Council Decision 2005/336/Euratom (OJ L 108, 29.4.2005, p. 64).
|
4.3.2008 |
EN |
Official Journal of the European Union |
L 59/17 |
COUNCIL DECISION
of 28 February 2008
appointing an Italian alternate member to the Committee of the Regions
(2008/183/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 from the Italian Government,
Whereas:
|
(1) |
On 24 January 2006 the Council adopted Decision 2006/116/EC (1) appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2006 to 25 January 2010. |
|
(2) |
A seat as an alternate member of the Committee of the Regions has become vacant following the end of the mandate of Mr CONDORELLI, |
HAS DECIDED AS FOLLOWS:
Article 1
Mr Giovanni SPERANZA, Sindaco del Comune di Lamezia Terme, is hereby appointed an alternate member of the Committee of the Regions for the remainder of the current term of office, which runs until 25 January 2010.
Article 2
This Decision shall take effect on the date of its adoption.
Done at Brussels, 28 February 2008.
For the Council
The President
A. VIZJAK
|
4.3.2008 |
EN |
Official Journal of the European Union |
L 59/18 |
COUNCIL DECISION
of 29 February 2008
appointing a new member of the Commission of the European Communities
(2008/184/EC)
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular the second paragraph of Article 215 thereof,
Having regard to the Treaty establishing the European Atomic Energy Community, and in particular the second paragraph of Article 128 thereof,
Whereas:
In a letter dated 28 February 2008, followed by a letter dated 29 February 2008, Mr Markos KYPRIANOU resigned from his post as a member of the Commission, with effect from midnight on 2 March 2008. He should be replaced for the remainder of his term of office,
HAS DECIDED AS FOLLOWS:
Article 1
Ms Androula VASSILIOU is hereby appointed a member of the Commission for the period from 3 March 2008 to 31 October 2009.
Article 2
This Decision shall take effect on 3 March 2008.
Article 3
This Decision shall be published in the Official Journal of the European Union.
Done at Brussels, 29 February 2008.
For the Council
The President
M. COTMAN
Commission
|
4.3.2008 |
EN |
Official Journal of the European Union |
L 59/19 |
COMMISSION DECISION
of 21 February 2008
on additional guarantees in intra-Community trade of pigs relating to Aujeszky’s disease and criteria to provide information on this disease
(notified under document number C(2008) 669)
(Codified version)
(Text with EEA relevance)
(2008/185/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Directive 64/432/EEC of 26 June 1964 on animal health problems affecting intra-Community trade in bovine animals and swine (1), and in particular Article 8, Article 9(2) and Article 10(2) thereof,
Whereas:
|
(1) |
Commission Decision 2001/618/EC of 23 July 2001 on additional guarantees in intra-Community trade of pigs relating to Aujeszky’s disease, criteria to provide information on this disease and repealing Decisions 93/24/EEC and 93/244/EEC (2) has been substantially amended several times (3). In the interests of clarity and rationality the said Decision should be codified. |
|
(2) |
The International Office of Epizootic Diseases (OIE) is the international organisation designated under the Agreement on the Application of Sanitary and Phytosanitary Measures in application of GATT 1994 which is responsible for the establishment of international animal health rules for trade in animals and animal products. These rules are published in the International Animal Health Code. |
|
(3) |
The chapter of the International Animal Health Code on Aujeszky’s disease has been substantially amended. |
|
(4) |
It is appropriate to modify the additional guarantees required in intra-Community trade of pigs in relation to Aujeszky’s disease in order to ensure their consistency with the international rules on this disease and better control in the Community. |
|
(5) |
Criteria must be established on the information to be provided by the Member States on Aujeszky’s disease, in accordance with Article 8 of Directive 64/432/EEC. |
|
(6) |
The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health, |
HAS ADOPTED THIS DECISION:
Article 1
The dispatching of pigs intended for breeding or production destined for the Member States or regions free of Aujeszky’s disease listed in Annex I and coming from any other Member State or region not listed in that Annex is authorised subject to the following conditions:
|
1. |
Aujeszky’s disease must be compulsorily notifiable in the Member State of origin; |
|
2. |
a plan for the control and eradication of Aujeszky’s disease, fulfilling the criteria laid down in Article 9(1) of Directive 64/432/EEC, must be in place in the Member State or regions of origin under the supervision of the competent authority. Appropriate measures on pig transport and movements must be in place according to this plan for preventing a spread of disease between holdings of a different status; |
|
3. |
with regard to the holding of origin of the pigs:
|
|
4. |
the pigs to be moved:
|
Article 2
The dispatching of pigs intended for slaughter destined for the Member States or regions free of Aujeszky’s disease listed in Annex I and coming from any other Member State or region not listed in that Annex, is authorised subject to the following conditions:
|
1. |
Aujeszky’s disease must be compulsorily notifiable in the Member State of origin; |
|
2. |
a plan for the control and eradication of Aujeszky’s disease is in place in the Member State or regions of origin of the pigs, fulfilling the criteria laid down in Article 1(2); |
|
3. |
all the pigs in question must be transported directly to the slaughterhouse of destination and either:
|
Article 3
Pigs intended for breeding destined for the Member States or regions listed in Annex II, where approved Aujeszky’s disease eradication programmes are in place, must either:
|
1. |
come from Member States or regions listed in Annex I; or |
|
2. |
come from:
|
|
3. |
fulfil the following conditions:
|
Article 4
Pigs intended for production destined for the Member States or regions listed in Annex II, where approved Aujeszky’s disease eradication programmes are in place, must either:
|
1. |
come from Member States or regions listed in Annex I; or |
|
2. |
come from:
|
|
3. |
fulfil the following conditions:
|
Article 5
The serological tests carried out to monitor or detect Aujeszky’s disease in pigs in accordance with this Decision must meet the standards laid down in Annex III.
Article 6
Without prejudice to Article 10(3) of Directive 64/432/EEC, information on the occurrence of Aujeszky’s disease, including details of the monitoring and eradication programmes in operation in the Member States listed in Annex II and in the other Member States or regions not listed in that Annex where monitoring and eradication programmes are in place, must be provided at least annually by each Member State in accordance with the uniform criteria laid down in Annex IV.
Article 7
1. Without prejudice to the provisions laid down in Community legislation concerning health certificates, before the completion, for animals of the porcine species destined for Member States or regions listed in Annex I or II, of section C of the health certificate required by Directive 64/432/EEC, the official veterinarian shall ascertain:
|
(a) |
the status of the holding and of the Member State or region of origin of the pigs in question as regards Aujeszky’s disease; |
|
(b) |
in case the pigs are not originating from a Member State or a region free of the disease, the status of the holding and of the Member State or regions of destination for the pigs in question as regards Aujeszky’s disease; |
|
(c) |
the compliance of the pigs in question with the conditions laid down in this Decision. |
2. For animals of the porcine species destined for Member States or regions listed in Annex I or II, the certification under paragraph 4 of Section C of the health certificate referred to in paragraph 1 shall be completed and supplemented as follows:
|
(a) |
in the first indent, after the word ‘disease’ the word ‘Aujeszky’ must be added; |
|
(b) |
in the second indent, reference shall be made to this Decision. In the same line, the number of the Article of this Decision, which is relevant for the pigs in question, shall be quoted between brackets. |
Article 8
Member States must ensure that when pigs destined for Member States or regions listed in Annex I or II are transported, they shall not come in contact with pigs of different or unknown status, as regards Aujeszky’s disease, during transport or transit.
Article 9
Decision 2001/618/EC is repealed.
References to the repealed Decision shall be construed as references to this Decision and shall be read in accordance with the correlation table in Annex VI.
Article 10
This Decision is addressed to the Member States.
Done at Brussels, 21 February 2008.
For the Commission
The President
José Manuel BARROSO
(1) OJ 121, 29.7.1964, p. 1977/64. Directive as last amended by Commission Decision 2007/729/EC (OJ L 294, 13.11.2007, p. 26).
(2) OJ L 215, 9.8.2001, p. 48. Decision as last amended by Decision 2007/729/EC.
(3) See Annex V.
ANNEX I
Member States or regions thereof free of Aujeszky’s disease and where vaccination is prohibited
|
ISO code |
Member State |
Regions |
|
CZ |
Czech Republic |
All regions |
|
DK |
Denmark |
All regions |
|
DE |
Germany |
All regions |
|
FR |
France |
The departments of Ain, Aisne, Allier, Alpes-de-Haute-Provence, Alpes-Maritimes, Ardèche, Ardennes, Ariège, Aube, Aude, Aveyron, Bas-Rhin, Bouches-du-Rhône, Calvados, Cantal, Charente, Charente-Maritime, Cher, Corrèze, Côte-d’Or, Creuse, Deux-Sèvres, Dordogne, Doubs, Drôme, Essonne, Eure, Eure-et-Loir, Gard, Gers, Gironde, Hautes-Alpes, Hauts-de-Seine, Haute Garonne, Haute-Loire, Haute-Marne, Hautes-Pyrénées, Haut-Rhin, Haute-Saône, Haute-Savoie, Haute-Vienne, Hérault, Indre, Indre-et-Loire, Isère, Jura, Landes, Loire, Loire-Atlantique, Loir-et-Cher, Loiret, Lot, Lot-et-Garonne, Lozère, Maine-et-Loire, Manche, Marne, Mayenne, Meurthe-et-Moselle, Meuse, Moselle, Nièvre, Oise, Orne, Paris, Pas-de-Calais, Pyrénées-Atlantiques, Pyrénées-Orientales, Puy-de-Dôme, Réunion, Rhône, Sarthe, Saône-et-Loire, Savoie, Seine-et-Marne, Seine-Maritime, Seine-Saint-Denis, Somme, Tarn, Tarn-et-Garonne, Territoire de Belfort, Val-de-Marne, Val-d’Oise, Var, Vaucluse, Vendée, Vienne, Vosges, Yonne, Yvelines |
|
CY |
Cyprus |
Whole territory |
|
LU |
Luxembourg |
All regions |
|
AT |
Austria |
Whole territory |
|
SK |
Slovakia |
All regions |
|
FI |
Finland |
All regions |
|
SE |
Sweden |
All regions |
|
UK |
United Kingdom |
All regions in England, Scotland and Wales |
ANNEX II
Member States or regions thereof where approved Aujeszky’s disease control programmes are in place
|
ISO code |
Member State |
Regions |
|
BE |
Belgium |
Whole territory. |
|
ES |
Spain |
The territory of the Autonomous Communities of Galicia, País Vasco, Asturias, Cantabria, Navarra, La Rioja. The territory of the provinces of León, Zamora, Palencia, Burgos, Valladolid and Ávila in the Autonomous Community of Castilla y León. The territory of the province of Las Palmas in the Canary Islands. |
|
FR |
France |
The departments of Côtes-d’Armor, Finistère, Ille-et-Vilaine, Morbihan and Nord. |
|
IT |
Italy |
The Province of Bolzano. |
|
NL |
Netherlands |
Whole territory. |
ANNEX III
Standards for Aujeszky’s disease serological tests — Protocol for the enzyme linked immunosorbent assay (ELISA) for detecting antibodies to Aujeszky’s disease virus (whole virus), to glycoprotein B (ADV-gB), to glycoprotein D (ADV-gD) or to glycoprotein E (ADV-gE)
|
1. |
The institutes listed in paragraph 2(d) shall evaluate Elisa ADV-gE tests and kits against the criteria in paragraph 2(a), (b) and (c). The competent authority in each Member State shall ensure that only Elisa ADV-gE kits that meet these standards shall be registered. The examinations listed in 2(a) and (b) must be carried out prior to approval of the test and the examination in 2(c), at least, must thereafter be carried out on each batch. |
|
2. |
Standardisation, sensitivity and specificity of the test.
|
ANNEX IV
Criteria on the information to be provided on the occurrence of Aujeszky’s disease (AD) and on plans for the monitoring and eradication of this disease, to be provided in accordance with Article 8 of Council Directive 64/432/EEC
|
1. |
Member State: … |
|
2. |
Date: … |
|
3. |
Reporting period: … |
|
4. |
Number of holdings where AD has been detected by means of clinical, serological or virological investigations: … |
|
5. |
Information on AD vaccination, serological investigations and categorisation of holdings (please complete the attached table):
|
|
6. |
Further information on serological monitoring in Artificial Insemination Centres, for export purposes, in the framework of other surveillance schemes, etc.: …
… … … |
(1) Programme under the supervision of the competent authority.
(2) Pig holdings where serological tests for AD have been carried out with negative results in accordance with an official AD programme and where vaccination has been applied during the previous 12 months.
(3) Pig holdings which fulfil the conditions of Article 1(3).
ANNEX V
REPEALED DECISION WITH LIST OF ITS SUCCESSIVE AMENDMENTS
|
Commission Decision 2001/618/EC |
|
|
Commission Decision 2001/746/EC |
Only as regards the reference to Decision 2001/618/EC in Article 1 |
|
Commission Decision 2001/905/EC |
Only as regards the reference to Decision 2001/618/EC in Article 2 |
|
Commission Decision 2002/270/EC |
Only Article 3 |
|
Commission Decision 2003/130/EC |
|
|
Commission Decision 2003/575/EC |
|
|
Commission Decision 2004/320/EC |
Only Article 2 and Annex II |
|
Commission Decision 2005/768/EC |
|
|
Commission Decision 2006/911/EC |
Only as regards the reference to Decision 2001/618/EC in Article 1 and point 12 of the Annex |
|
Commission Decision 2007/603/EC |
|
|
Commission Decision 2007/729/EC |
Only as regards the reference to Decision 2001/618/EC in Article 1 and point 10 of the Annex |
ANNEX VI
Correlation table
|
Decision 2001/618/EC |
This Decision |
|
Article 1(a) and (b) |
Article 1, points 1 and 2 |
|
Article 1(c) first to fifth indent |
Article 1, point 3(a) to (e) |
|
Article 1(d) first to fourth indent |
Article 1, point 4(a) to (d) |
|
Article 2(a) and (b) |
Article 2, points 1 and 2 |
|
Article 2(c) first to third indent |
Article 2, point 3(a) to (c) |
|
Article 3(a) |
Article 3, point 1 |
|
Article 3(b) first and second indent |
Article 3, point 2(a) and (b) |
|
Article 3(c) first to sixth indent |
Article 3, point 3(a) to (f) |
|
Article 4(a) |
Article 4, point 1 |
|
Article 4(b) first and second indent |
Article 4, point 2(a) and (b) |
|
Article 4(c) first to fifth indent |
Article 4, point 3(a) to (e) |
|
Articles 5 to 8 |
Articles 5 to 8 |
|
Article 9 |
— |
|
Article 10 |
— |
|
— |
Article 9 |
|
Article 11 |
Article 10 |
|
Annexes I to IV |
Annexes I to IV |
|
— |
Annex V |
|
— |
Annex VI |
III Acts adopted under the EU Treaty
ACTS ADOPTED UNDER TITLE V OF THE EU TREATY
|
4.3.2008 |
EN |
Official Journal of the European Union |
L 59/31 |
COUNCIL COMMON POSITION 2008/186/CFSP
of 3 March 2008
amending Common Position 2003/495/CFSP on Iraq
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on European Union, and in particular Article 15 thereof,
Whereas:
|
(1) |
On 7 July 2003, the Council adopted Common Position 2003/495/CFSP (1) on Iraq, in implementing of United Nations Security Council (UNSC) Resolution 1483 (2003). |
|
(2) |
On 18 December 2007, the UNSC adopted Resolution 1790 (2007) by which it decided inter alia that specific arrangements concerning proceeds from Iraqi exports of petroleum, petroleum products and natural gas, and concerning immunity from legal proceedings of certain Iraqi assets, as referred to in UNSC Resolution 1483 (2003) and UNSC Resolution 1546 (2004), are to apply until 31 December 2008. |
|
(3) |
Common Position 2003/495/CFSP should therefore be amended. |
|
(4) |
Action by the Community is needed in order to implement certain measures, |
HAS ADOPTED THIS COMMON POSITION:
Article 1
Common Position 2003/495/CFSP is hereby amended as follows:
|
1. |
Article 4 shall be replaced by the following: ‘Article 4 All proceeds from all export sales of petroleum, petroleum products and natural gas from Iraq as of 22 May 2003 shall be deposited into the Development Fund for Iraq under the conditions set out in UNSC Resolution 1483 (2003).’; |
|
2. |
the following paragraph shall be added to Article 5: ‘4. The privileges and immunities referred to in paragraphs 1, 2(a) and 2(b) shall not apply with respect to any final judgment arising out of a contractual obligation entered into by Iraq after 30 June 2004.’; |
|
3. |
in Article 7 the second subparagraph shall be replaced by the following: ‘Articles 4 and 5 shall apply until 31 December 2008.’. |
Article 2
Article 2 of Common Position 2004/553/CFSP shall be repealed.
Article 3
This Common Position shall take effect on the date of its adoption.
Article 4
This Common Position shall be published in the Official Journal of the European Union.
Done at Brussels, 3 March 2008.
For the Council
The President
J. PODOBNIK
(1) OJ L 169, 8.7.2003, p. 72. Common Position as last amended by Common Position 2004/553/CFSP (OJ L 246, 20.7.2004, p. 32).
|
4.3.2008 |
EN |
Official Journal of the European Union |
L 59/32 |
COUNCIL COMMON POSITION 2008/187/CFSP
of 3 March 2008
concerning restrictive measures against the illegal government of Anjouan in the Union of Comoros
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on European Union, and in particular Article 15 thereof,
Whereas:
|
(1) |
By letter dated 25 October 2007 addressed to the Secretary-General/High Representative, the President of the Commission of the African Union (AU) requested the support of the European Union and its Member States for the sanctions which the African Union Peace and Security Council decided on 10 October 2007 to impose against the illegal authorities of Anjouan in the Union of Comoros, following Presidential elections which were held there in unsatisfactory conditions. |
|
(2) |
The European Union should support the AU's decision to implement sanctions against the illegal government of Anjouan and persons associated with it, in response to their persistent refusal to work towards the creation of conditions which are favourable to stability and reconciliation in the Comoros, and with a view to bringing the illegal authorities of Anjouan to accept that new elections be held which should be credible, transparent and properly conducted. |
|
(3) |
Action by the Community is needed in order to implement certain measures, |
HAS ADOPTED THIS COMMON POSITION:
Article 1
1. Member States shall take the necessary measures to prevent the entry into, or transit through, their territories of the members of the illegal government of Anjouan in the Union of Comoros (hereafter referred to as ‘Anjouan’) and persons associated with them, as listed in the Annex.
2. Paragraph 1 will not oblige a Member State to refuse its own nationals entry into its territory.
3. Paragraph 1 shall be without prejudice to cases where a Member State is bound by an obligation of international law, namely:
|
(a) |
as host country of an international intergovernmental organisation; |
|
(b) |
as host country to an international conference convened by, or under the auspices of, the United Nations; |
|
(c) |
under a multilateral agreement conferring privileges and immunities; or |
|
(d) |
under the 1929 Treaty of Conciliation (Lateran pact) concluded by the Holy See (State of the Vatican City) and Italy. |
4. Paragraph 3 shall apply also in cases where a Member State is host country of the Organisation for Security and Cooperation in Europe (OSCE).
5. The Council shall be duly informed in all cases where a Member State grants an exemption pursuant to paragraphs 3 or 4.
6. Member States may grant exemptions from the measures imposed in paragraph 1 where travel is justified on the grounds of urgent humanitarian need, or on grounds of attending intergovernmental meetings, including those promoted by the European Union, where a political dialogue is conducted that directly promotes democracy, human rights and the rule of law in Anjouan.
7. A Member State wishing to grant exemptions referred to in paragraph 6 shall notify the Council in writing. The exemption will be deemed to be granted unless one or more of the Council Members raises an objection in writing within two working days of receiving notification of the proposed exemption. In the event that one or more of the Council members raises an objection, the Council, acting by a qualified majority, may decide to grant the proposed exemption.
8. In cases where pursuant to paragraphs 3, 4, 6 and 7, a Member State authorises the entry into, or transit through, its territory of persons listed in the Annex, the authorisation shall be limited to the purpose for which it is given and to the persons concerned thereby.
Article 2
1. All funds and economic resources belonging to, owned, held or controlled by the individual members of the illegal government of Anjouan, any natural or legal persons, entities or bodies associated with them, as listed in the Annex, shall be frozen.
2. No funds or economic resources shall be made available directly or indirectly to or for the benefit of natural or legal persons, entities or bodies listed in the Annex.
3. The competent authority may authorise the release of certain frozen funds or economic resources or the making available of certain funds or economic resources, under such conditions as it deems appropriate, after having determined that the funds or economic resources concerned are:
|
(a) |
necessary to satisfy the basic needs of persons listed in the Annex and their dependent family members, including payments for foodstuffs, rent or mortgage, medicines and medical treatment, taxes, insurance premiums, and public utility charges; |
|
(b) |
intended exclusively for payment of reasonable professional fees and reimbursement of incurred expenses associated with the provision of legal services; |
|
(c) |
intended exclusively for payment of fees or service charges for routine holding or maintenance of frozen funds or economic resources; |
|
(d) |
necessary for extraordinary expenses, provided that the Member State concerned has notified the grounds on which it considers that a specific authorisation should be granted, to the other Member States and the Commission at least two weeks before the authorisation. |
4. Paragraph 2 shall not apply to the addition to frozen accounts of:
|
(a) |
interest or other earnings on those accounts; or |
|
(b) |
payments due under contracts, agreements or obligations that were concluded or arose before the date on which those accounts became subject to restrictive measures, |
provided that any such interest, other earnings and payments continue to be subject to paragraph 1.
Article 3
The Council, acting by unanimity on a proposal by a Member State or the Commission, shall adopt modifications to the list contained in the Annex as required by political developments in Anjouan.
Article 4
This Common Position shall apply for a period of 12 months. It shall be kept under constant review. It shall be repealed, renewed or amended as appropriate, in light of political developments in Anjouan.
Article 5
This Common Position shall take effect on the date of its adoption.
Article 6
This Common Position shall be published in the Official Journal of the European Union.
Done at Brussels, 3 March 2008.
For the Council
The President
J. PODOBNIK
ANNEX
List of members of the illegal government of Anjouan and natural or legal persons, entities or bodies associated with them, as referred to in Articles 1 and 2
|
Name |
Mohamed Bacar |
|
Sex |
M |
|
Function |
Self-proclaimed President |
|
Title |
Colonel |
|
Place of birth |
Barakani |
|
Date of birth |
5.5.1962 |
|
Passport number |
01AB01951/06/160, date of issue: 1.12.2006 |
|
Name |
Jaffar Salim |
|
Sex |
M |
|
Function |
‘Minister for the Interior’ |
|
Place of birth |
Mutsamudu |
|
Date of birth |
26.6.1962 |
|
Passport number |
06BB50485/20 950, date of issue: 1.2.2007 |
|
Name |
Mohamed Abdou Madi |
|
Sex |
M |
|
Function |
‘Minister for Cooperation’ |
|
Place of birth |
Mjamaoué |
|
Date of birth |
1956 |
|
Passport number |
05BB39478, date of issue 1.8.2006 |
|
Name |
Ali Mchindra |
|
Sex |
M |
|
Function |
‘Minister for Education’ |
|
Place of birth |
Cuvette |
|
Date of birth |
20.11.1958 |
|
Passport number |
03819, date of issue 3.7.2004 |
|
Name |
Houmadi Souf |
|
Sex |
M |
|
Function |
‘Minister for the Civil Service’ |
|
Place of birth |
Sima |
|
Date of birth |
1963 |
|
Passport number |
51427, date of issue 4.3.2007 |
|
Name |
Rehema Boinali |
|
Sex |
M |
|
Function |
‘Minister for Energy’ |
|
Place of birth |
|
|
Date of birth |
1967 |
|
Passport number |
540355, date of issue 7.4.2007 |
|
Name |
Dhoihirou Halidi |
|
Sex |
M |
|
Title |
Director of Cabinet |
|
Function |
Senior official closely associated with the illegal government of Anjouan |
|
Place of birth |
Bambao Msanga |
|
Date of birth |
8.3.1965 |
|
Passport number |
64528, date of issue 19.9.2007 |
|
Name |
Abdou Bacar |
|
Sex |
M |
|
Title |
Lieutenant-Colonel |
|
Function |
Senior military officer, instrumental in supporting the illegal government of Anjouan |
|
Place of birth |
Barakani |
|
Date of birth |
2.5.1954 |
|
Passport number |
54621, date of issue 23.4.2007 |