L 333/12 Official Journal of the European Union 9.11.2004 COUNCIL DECISION, taken by common accord with the nominee for President of the Commission, of 5 November 2004 adopting the list of other persons whom the Council intends to appoint as Members of the Commission of the European Communities, repealing and replacing Decision 2004/642/EC, Euratom (2004/753/EC, Euratom) THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, and in particular Article 213(1) and the second subparagraph of Article 214(2) thereof, Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Article 126(1) and the second subparagraph of Article 127(2) thereof, Whereas: (), A new Commission, consisting of one national of each Member State, must be appointed for the period from the date of its appointment to 31 October 2009. (2)  On 29 June 2004 the Council, meeting in the compo- sition of the Heads of State or Government, nominated Mr José Manuel DURAO BARROSO as the person it intends to appoint as President of the Commission (1). (3)  The European Parliament approved that nomination by its resolution of 22 July 2004. (4 By Decision 2004/642/EC, Euratom (), the Council adopted by common accord with the nominee for President of the Commission the list of other persons whom it intends to appoint as Members of the Commission. (5) By common accord with the nominee for President of the Commission, Decision 2004/642/EC, Euratom should be repealed before the list that it contains is submitted for a vote of approval by the European Parliament, and replaced by the present Decision. () O] L 236, 7.7.2004, p. 15. () O] L 294, 17.9.2004, p. 30. (6)  The entry into force of the Treaty establishing a Consti- tution for Europe will entail the expiry of the term of the Member of the Commission who has the same nationality as the future European Union Minister for Foreign Affairs, who will be a Vice-President of the Commission, HAS DECIDED AS FOLLOWS: Article 1 The following are hereby nominated by common accord with Mr José Manuel DURAO BARROSO, nominee for President of the Commission, as the persons whom the Council intends to appoint as Members of the Commission of the European Communities for the period from the date of appointment of the new Commission to 31 October 2009: Mr Joaquin ALMUNIA AMANN Mr Jacques BARROT Mr Joe BORG Mr Stavros DIMAS Ms Benita FERRERO-WALDNER Mr Jan FIGEL Ms Mariann FISCHER BOEL Mr Franco FRATTINI Ms Dalia GRYBAUSKAITE Ms Danuta HUBNER Mr Siim KALLAS Mr Liszl6 KOVACS Ms Neelie KROES Mr Markos KYPRIANOU Mr Peter MANDELSON Mr Charlie McCREEVY