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		52014DC0413

			Recommendation for a COUNCIL RECOMMENDATION on Italy’s 2014 national reform programme and delivering a Council opinion on Italy’s 2014 stability programme /* COM/2014/0413 final */

Recommendation for a
COUNCIL RECOMMENDATION
on Italy’s 2014 national reform programme
and delivering a Council opinion on Italy’s 2014 stability programme

THE COUNCIL OF THE EUROPEAN UNION,
Having
regard to the Treaty on the Functioning of the European Union, and in
particular Articles 121(2) and 148(4) thereof,
Having
regard to Council Regulation (EC) No 1466/97 of 7 July 1997 on the
strengthening of the surveillance of budgetary positions and the surveillance
and coordination of economic policies[1],
and in particular Article 5(2) thereof,
Having
regard to Regulation (EU) No 1176/2011 of the European Parliament and of the
Council of 16 November 2011 on the prevention and correction of macroeconomic
imbalances[2],
and in particular Article 6(1) thereof
Having
regard to the recommendation of the European Commission[3],
Having
regard to the resolutions of the European Parliament[4],
Having
regard to the conclusions of the European Council,
Having
regard to the opinion of the Employment Committee,
Having
regard to the opinion of the Economic and Financial Committee,
Having
regard to the opinion of the Social Protection Committee,
Having
regard to the opinion of the Economic Policy Committee,
Whereas:
(1)
On 26 March 2010, the European Council agreed to
the Commission’s proposal to launch a new strategy for growth and jobs, Europe
2020, based on enhanced coordination of economic policies, which will focus on
the key areas where action is needed to boost Europe’s potential for
sustainable growth and competitiveness.
(2)
On 13 July 2010, the Council, on the basis of
the Commission's proposals, adopted a recommendation on the broad guidelines
for the economic policies of the Member States and the Union (2010 to 2014)
and, on 21 October 2010, adopted a decision on guidelines for the employment
policies of the Member States, which together form the ‘integrated guidelines’.
Member States were invited to take the integrated guidelines into account in
their national economic and employment policies.
(3)
On 29 June 2012, the Heads of State or
Government decided on a Compact for Growth and Jobs, providing a coherent
framework for action at national, EU and euro area levels using all possible
levers, instruments and policies. They decided on action to be taken at the
level of the Member States, in particular expressing full commitment to achieving
the objectives of the Europe 2020 Strategy and to implementing the
country-specific recommendations.
(4)
On 9 July 2013, the Council adopted a
recommendation on Italy’s national reform programme for 2013 and delivered its
opinion on Italy’s stability programme for 2012-2017. On 15 November 2013, in line with Regulation
(EU) No 473/2013[5],
the Commission presented its opinion on Italy's draft
budgetary plan for 2014[6].
(5)
On 13 November 2013, the Commission adopted the
Annual Growth Survey[7],
marking the start of the 2014 European Semester of economic policy
coordination. On the same day on the basis of Regulation (EU) No 1176/2011, the
Commission adopted the Alert Mechanism Report[8],
in which it identified Italy as one of the Member States for which an in-depth
review would be carried out.
(6)
On 20 December 2013, the European Council
endorsed the priorities for ensuring financial stability, fiscal consolidation
and action to foster growth. It underscored the need to pursue differentiated,
growth-friendly fiscal consolidation, to restore normal lending conditions to
the economy, to promote growth and competitiveness, to tackle unemployment and
the social consequences of the crisis, and to modernise public administration.
(7)
On 5 March 2014, the Commission published the
results of its in-depth review for Italy[9],
under Article 5 of Regulation (EU) No 1176/2011. The Commission's analysis leads
it to conclude that Italy is experiencing excessive macroeconomic imbalances,
which require specific monitoring and strong policy action. In particular, the
persistently high level of the public debt coupled with weak external
competitiveness on account of sluggish productivity growth, and further
exacerbated by protracted dismal growth, warrant decisive policy action and
attention.
(8)
On 22 April 2014, Italy submitted its 2014 national
reform programme and its 2014 stability programme. In order to take account of
their interlinkages, the two programmes have been assessed at the same time.
(9)
The objective of the budgetary strategy outlined
in the stability programme is the achievement of the medium-term objective of a
balanced budgetary position in structural terms by 2016, while complying with
the debt rule in the 2013-2015 transition period. The programme confirms the medium-term
objective of a balanced budgetary position in structural terms, which reflects
the requirements of the Stability and Growth Pact. The (recalculated)
structural adjustment planned in the programme is 0.2 percentage point of
GDP in 2014 and 0.4 percentage point in 2015. According to the programme, this limited
adjustment towards the medium-term objective is justified by the severe
economic conditions and the effort needed to implement an ambitious programme
of structural reforms. In particular, several structural reforms are planned,
which would have a positive impact on potential economic growth and eventually
reduce the government debt‑to‑GDP ratio in the coming years. The
structural adjustment planned in the programme would allow Italy to comply with
the debt reduction benchmark over the 2013-2015 transition period, partly
thanks to an ambitious privatisation plan to be implemented over 2014-2017
(amounting to 0.7 percentage point of GDP each year). The macroeconomic
scenario underpinning the budgetary projections in the programme, which has not
been endorsed by an independent body, is slightly optimistic, in particular for
the later years of the programme. A deviation from the adjustment path towards
the medium-term objective is planned in 2014; if repeated the following year, it
could be assessed to be significant, including on the basis of the expenditure
benchmark. Moreover, the achievement of the budgetary targets is not fully supported
by sufficiently detailed measures, in particular as of 2015. The Commission
2014 spring forecast points to non-compliance with the debt reduction benchmark
in 2014 as the projected structural adjustment (only 0.1 percentage point of
GDP) falls short of the required structural adjustment of 0.7 percentage point
of GDP. Based on the assessment of the programme and the Commission forecast
pursuant to Council Regulation (EC) No 1466/97, the Council is of the opinion
that additional efforts, including in 2014, are needed to be in compliance with
the requirements of the Stability and Growth Pact.
(10)
Recent action to alleviate taxation on the
factors of production has been somewhat limited. There is thus scope to further
shift the tax burden towards consumption, property and the environment, in
strict compliance with the budgetary targets. As regards consumption, improving
the structure of the tax system also crucially requires a revision of VAT
reduced rates and of direct tax expenditures, with due attention to the need to
lessen possible distributional impact. As regards property, a revision of
cadastral values in line with current market values would allow for fairer
recurrent taxation on immovable property. A recently adopted enabling law for
tax reform represents an opportunity to carry out such necessary reforms. Given
the size of the challenge, action on the composition of the tax structure needs
to be complemented by additional measures to improve tax administration and tax
compliance and decisive measures to combat tax evasion, the shadow economy and
undeclared work, which continue to weigh both on public finances and on the tax
burden for compliant taxpayers. In this respect, the enabling law for tax
reform foresees several measures to strengthen tax administration –
comprehensive estimation and monitoring system of the tax gap, simplification
measures, actions to improve relationship with taxpayers, measures to improve
local tax debt recovery and reinforcement of tax controls. The decision to
introduce pre-filled tax returns as from 2015 is an additional positive step to
enhance tax compliance.
(11)
Thorough and swift implementation of the
measures adopted remains a key challenge for Italy, both in terms of addressing
existing implementation gaps and preventing the accumulation of further delays.
One of the key levers to improve the implementation performance of the country,
and more generally ensure smoother policy action, lies in enhanced coordination
and a more efficient allocation of competences among the various levels of
government. This could in turn be beneficial for the management of EU funds,
where only partial and incomplete action has been undertaken so far, especially
in southern regions. The management of EU funds also continues to suffer from
deficient administrative capacity and lack of transparency, evaluation and
quality control. The quality of public service would also gain from increased
efficacy and service orientation, and corresponding changes in human resource
management. Corruption continues to weigh significantly on Italy's productive
system and on trust in the political and institutional landscape. There is a
need to review the statute of limitations. An effective fight against
corruption also requires adequate empowering of the National Anti-Corruption
Authority for the Evaluation and Transparency of Public Administrations. Inefficiencies
in civil justice persist and the impact of the measures adopted needs to be
carefully monitored.
(12)
Drawing on the targeted asset quality review carried
out last year under the patronage of the Bank of Italy, it remains important to
improve the management of impaired assets and foster their disposal to revive
banks' capacity to expand the supply of credit to the real economy. As regards
access to finance, the main action taken so far has focused on easing firms'
access to credit, but the development of funding instruments other than bank
loans remains limited, especially for small and medium-sized enterprises. The
initiatives taken in the field of banks' corporate governance – in particular
the new principles issued recently by the Bank of Italy – are welcome. At the
same time, their impact will depend on their proper implementation by the banks
and enforcement. In particular, close monitoring of some of the largest
cooperative banks ('banche popolari') remains warranted.
(13)
The labour market situation further deteriorated
in 2013, with unemployment rising to 12.2% and youth unemployment reaching 40%
in Italy. Ensuring proper implementation and careful monitoring of the effect
of the labour market and wage-setting reforms adopted is key to guaranteeing
that the expected benefits in terms of enhanced exit flexibility, better
regulated entry flexibility, a more comprehensive system of unemployment
benefits and better alignment of wages on productivity materialise. Plans for
improving effectiveness of placement services through the reinforcement of
public employment services have been subject to delays and need to be
accelerated. Measures aimed at fostering job creation in the short term need to
be complemented with measures addressing segmentation. Globally, the Italian
labour market continues to be marked by segmentation and low participation,
which affects women and young people in particular. Therefore, the limited
steps taken so far need to be extended, including in line with the objectives
of a youth guarantee. Italy is witnessing declining household disposable income
combined with rising poverty and social exclusion, affecting families with
children in particular. Social expenditure in Italy remains largely oriented
towards the elderly and with little focus on activation, limiting the scope to
address the risk of social exclusion and poverty. The pilot social assistance
scheme recently introduced aims at providing a social safety net. Its envisaged
extension to the whole country will require improving the effectiveness of
social spending and services throughout the territory.
(14)
Efforts to upgrade educational performance and
human capital endowment need to be made at all educational levels, i.e.
primary, secondary and tertiary. The teaching profession is characterised by a
single career pathway and currently offers limited prospects in terms of
professional development. Diversifying teachers' careers and better linking
their career trajectories to merit and performance, coupled with the
generalisation of school evaluation, could translate into better school
outcomes. To ensure a smooth transition between education and the labour
market, strengthening and broadening practical training, through increased
work-based learning and vocational education and training, appear crucial at
the upper secondary and tertiary levels. Following the 2013 legislative decree
on this issue, establishing a national register of qualifications is essential
in order to ensure the nation-wide recognition of skills. Building on initial
action in this direction, bringing forward the allocation of public funding to
universities on the basis of research and teaching performance would have the
merit of both contributing to upgrading the quality of universities and
potentially increasing research and innovation capacity in the country, where
it is still lagging behind.
(15)
Some steps were made to achieve a more business-
and citizen-friendly environment, but their impact is hampered by delays in
their final approval and implementation gaps. There are still a number of
bottlenecks to competition (reserved areas of activity,
concessions/authorisation schemes, etc) in professional services, insurance,
fuel distribution, retail and postal services. A series of weaknesses affecting
the public procurement system also need to be tackled. Enhancing competition in
the area of local public services is another priority. In particular, the
current legislation stipulating that existing contracts not complying with EU law
on in-house criteria need to be rectified by 31 December 2014 needs to be
implemented.
(16)
Infrastructure bottlenecks hamper the proper
functioning of the energy market. In transport, the lack of intermodal
infrastructure and the shortage of synergies and connections with the
hinterland for Italian ports warrant particular attention and action. In terms
of broadband coverage, Italy has underserved non-urban areas.
(17)
In the context of the European Semester, the
Commission has carried out a comprehensive analysis of Italy’s economic policy.
It has assessed the stability programme and the national reform programme. It
has taken into account not only their relevance for sustainable fiscal and
socio-economic policy in Italy but also their compliance with EU rules and
guidance, given the need to reinforce the overall economic governance of the
European Union by providing EU-level input into future national decisions. Its
recommendations under the European Semester are reflected in
recommendations (1) to (8) below.
(18)
In the light of this assessment, the Council has
examined Italy’s stability programme, and its opinion[10] is reflected in
particular in recommendation (1) below.
(19)
In the light of the Commission's in-depth review
and this assessment, the Council has examined the national reform programme and
the stability programme. Its recommendations under Article 6 of Regulation (EU)
No 1176/2011 are reflected in recommendations (1) to (8) below.
(20)
In the context of the European Semester the
Commission has also carried out an analysis of the economic policy of the euro
area as a whole. On the basis of this analysis the Council has issued specific recommendations
for the Member States whose currency is the euro. Italy should also ensure the
full and timely implementation of these recommendations.
HEREBY RECOMMENDS that Italy take
action within the period 2014-2015 to:
1.
Reinforce the budgetary measures for 2014 in the
light of the emerging gap relative to the Stability and Growth Pact
requirements, namely the debt reduction rule, based
on the Commission 2014 spring forecast. In 2015, significantly strengthen
the budgetary strategy to ensure compliance with the debt reduction
requirement. Thereafter, ensure that the general government debt is on a
sufficiently downward path; carry out the ambitious privatisation plan; implement
a growth-friendly fiscal adjustment based on the announced significant savings
coming from a durable improvement of the efficiency and quality of public
expenditure at all levels of government, while preserving growth-enhancing
spending like R&D, innovation, education and essential infrastructure
projects. Guarantee the independence and full operationalisation of the fiscal
council as soon as possible and no later than in September 2014, in time for
the assessment of the 2015 Draft Budgetary Plan.
2.
Further shift the tax burden from productive
factors to consumption, property and the environment, in compliance with the budgetary
targets. To this end, evaluate the effectiveness of the recent reduction in the
labour tax wedge and ensure its financing for 2015, review the scope of direct
tax expenditures and broaden the tax base, notably on consumption. Consider the
alignment of excise duties on diesel to those on petrol and their indexation on
inflation, and remove environmentally harmful subsidies. Implement the enabling
law for tax reform by March 2015, including by adopting the decrees leading to
the reform of the cadastral system to ensure the effectiveness of the reform of
immovable property taxation. Further improve tax compliance by enhancing the
predictability of the tax system, simplifying procedures, improving tax debt
recovery and modernising tax administration. Pursue the fight against tax
evasion and take additional steps against the shadow economy and undeclared
work.
3.
As part of a wider effort to improve the
efficiency of public administration, clarify competences at all levels of
Government. Ensure better management of EU funds by taking decisive action to
improve administrative capacity, transparency, evaluation and quality control
at regional level, especially in southern regions. Further enhance the
effectiveness of anti-corruption measures, including by revising the statute of
limitations by the end of 2014, and strengthening the powers of the national
anti-corruption authority. Timely monitor the impact of the reforms adopted to
increase the efficiency of civil justice with a view to securing their
effectiveness and adopting complementary action if needed.
4.
Reinforce the resilience of the banking sector
and ensure its capacity to manage and dispose of impaired assets to revive
lending to the real economy. Foster non-bank access to finance for firms, especially
small and medium-sized businesses. Continue to promote and monitor efficient corporate
governance practices in the whole banking sector, with particular attention to
large cooperative banks ('banche popolari') and foundations, with a view to
improving the effectiveness of financial intermediation.
5.
Evaluate, by the end of 2014, the impact of the
labour market and wage-setting reforms on job creation, dismissals' procedures,
labour market duality and cost competitiveness, and assess the need for
additional action. Work towards a comprehensive social protection for the
unemployed, while limiting the use of wage supplementation schemes to
facilitate labour re-allocation. Strengthen the link between active and passive
labour market policies, starting with a detailed roadmap for action by
September 2014, and reinforce the coordination and performance of public
employment services across the country. Adopt effective action to promote
female employment, by adopting measures to reduce fiscal disincentives for
second earners by March 2015 and providing adequate care services. Provide adequate
services across the country to non-registered young people and ensure stronger
private sector's commitment to offering quality apprenticeships and
traineeships by the end of 2014, in line with the objectives of a youth
guarantee. To address exposure to poverty and social exclusion, scale-up the
pilot social assistance scheme, in a fiscally neutral way, guaranteeing
appropriate targeting, strict conditionality and territorial uniformity, and
strengthening the link with activation measures. Improve the effectiveness of
family support schemes and quality services favouring low-income households
with children.
6.
Implement the National System for Evaluation of
Schools to improve school outcomes in turn and reduce rates of early school
leaving. Increase the use of work-based learning in upper secondary vocational
education and training and strengthen vocationally-oriented tertiary education.
Create a national register of qualifications to ensure wide recognition of
skills. Ensure that public funding better rewards the quality of higher
education and research.
7.
Approve the pending legislation aimed at
simplifying the regulatory environment for businesses and citizens and address
implementation gaps in existing legislation. Foster market opening and remove
remaining barriers to, and restrictions on competition in the professional and
local public services, insurance, fuel distribution, retail and postal services
sectors. Enhance the efficiency of public procurement, especially by
streamlining procedures including through the use of e-procurement,
rationalising the central purchasing bodies and securing the proper application
of pre- and post-award rules. In local public services, rigorously implement
the legislation providing for the rectification of contracts that do not comply
with the requirements on in-house awards by 31 December 2014.
8.
Ensure swift and full operationalisation of the
Transport Authority by September 2014. Approve the list of strategic infrastructure
in the energy sector and enhance port management and connections with the
hinterland.
Done at Brussels,
                                                                       For
the Council
                                                                       The
President
[1]               OJ L 209, 2.8.1997, p. 1.
[2]               OJ L 306, 23.11.2011, p. 25.
[3]               COM(2014) 413 final.
[4]               P7_TA(2014)0128 and P7_TA(2014)0129.
[5]               OJ L 140, 27.5.2013, p.11.
[6]               C(2013) 8005 final.
[7]               COM(2013) 800 final.
[8]               COM(2013) 790 final.
[9]               SWD(2014) 83 final.
[10]             Under Article 5(2) of Council Regulation (EC) No
1466/97.


title: Recommendation for a Council opinion in accordance with the third paragraph of Art. 5 of Council Regulation (EC) No. 1466/97 of 7 July 1997 on the updated stability programme for Germany, 2002-2006

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Avis juridique important

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31987K1160

Commission Recommendation No 1160/87/ECSC of 27 April 1987 on Community surveillance of imports of certain iron and steel products covered by the ECSC Treaty and originating in non-member countries

Official Journal L 112 , 29/04/1987 P. 0013 - 0017

*****COMMISSION  RECOMMENDATION No 1160/87/ECSC  of 27 April 1987  on Community surveillance of imports of certain iron and steel products covered by the ECSC Treaty and originating in non-member countries  THE COMMISSION OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Coal and Steel Community, and in particular Article 74 thereof,  Whereas by Recommendation No 3658/85/ECSC (1) the Commission subjected to a Community monitoring system the imports into the Community of certain iron and steel products covered by the Treaty establishing the ropean Coal and Steel Community;  Whereas the reasons which originally led the Commission to introduce this measure, namely the need to ensure fuller information on both the likely level of imports and the terms relating to such imports, continue to apply,  MAKES THE FOLLOWING RECOMMENDATION:  Article 1  1. The release for free circulation in the Community of iron and steel products covered by the ECSC Treaty, listed in Annexes III A and III B and originating in non-member countries, shall be subject to the issue of an import licence.  2. The peoducts referred to in paragraph 1 shall be considered as being of first-choice quality until proof to the contrary is supplied by the importer.  3. The import licence shall be issued or endorsed by the Member States, free of charge and for any quantities requested, upon receipt of the application and in any case within not more than 10 working days from the submission of the completed application and presentation of two duplicates of the relevant purchase contract(s) and the vendor's order confirmation(s). The originals of these documents as well as the pro forma invoice must be produced if required by the licence-issuing authority.  4. Paragraph 1 shall apply without prejudice to the maintenance of existing quantitative restrictions imposed by certain Member States on certain iron and steel products in respect of certain non-member cuntries.  5. The period of validity of the import licence is hereby fixed at two months, without prejudice to possible changes in the import arrangements in force.  Article 2  1. The importer's application must state for goods listed in Annexes III A and III B:  (a) the name, address, occupation, telephone number and telex number of the importer;  (b) the description of the goods under the Common Customs Tariff;  (c) the full Common Customs Tariff number and NIMEXE code;  (d) the country of origin;  (e) the country of consignment;  (f) the net weight, by individual lots;  (g) the currency and value invoiced (cif);  (h) the proposed date and place of customs clearance;  (i) where necessary, the precise characteristics establishing any claim that the goods are seconds or of substandard quality.  2. The following additional information shall also be supplied by the importer for goods listed in Annex III A:  A. For goods originating in and consigned direct from one of the countries listed in Annex I (direct importation):  (a) a full commercial description of the goods, including exact specfications and, where appropriate, declaration of the goods as seconds or of their possible use in shipbuilding, details of the exporter and place of delivery;  (b) the delivered price per tonne, exclusive of VAT, including transport costs from the basing point to point of delivery, and all extras or rebates;  (c) particulars of:  (i) the price lists of the producer in the non-member country of origin, chosen for calculating the delivered price, including the date of the chosen lists; or  (ii) the Community producer's price lists chosen for calculating the delivered price, including the date of the chosen lists; or  (iii) where appropriate, the non-member country offer on which the terms of the delivery have been aligned, in sufficient detail to identify the offer and including its date.  B. For goods originating in and consigned direct from one of the countries listed in Annex II (direct importation):  (a) a full commercial description of the goods, including exact specifications and, where appropriate, declaration of the goods as seconds or of their possible use in shipbuilding, details of the exporter and place of delivery;  (b) the delivered price per tonne, exclusive of VAT, including transport costs to point of delivery and all extras, rebates and any other factors relevant to calculation of the delivered price;  (c) particulars of:  (i) the Community producer's price lists chosen for calculating the delivered price, including the date of the chosen lists; or  (ii) where appropriate, the non-member country offer on which the terms of the delivery have been aligned, in sufficient detail to identify the offer and including its date.  (d) for goods corresponding to NIMEXE codes 73.01-10, 73.01-21 or 73.01-31, the name and address of the final purchaser, where known.  C. For goods originating in one of the countries listed in Annex I or II but consigned from any non-member country other than the country of origin (indirect importation), and for goods originating in a non-member country not listed in Annex I or II:  (a) a complete description corresponding to that appearing in the list of products subject to the basic prices in force and details of the exporter and the place of delivery;  (b) the cif price at the Community frontier, per tonne, in the currency of the contract, plus customs duties applicable and unloading costs;  (c) for goods corresponding to NIMEXE codes 73.01-10, 73.01-21 or 73.01-31, the name and address of the final purchaser, where known.  3. The importer shall declare that neither he nor the purchaser will be granted any reduction, rebate or other form of refund not mentioned in the contract for the transaction, either at the time of the transaction or subsequently.  4. The importer shall certify that his application for an import licence is accurate.  5. The importer shall state whether his application is a repeat of a previous application concerning the same delivery.  Article 3  1. When a licence to import goods originating in the countries listed in Annex I or II is granted, Member States shall notify the Commission of any difference between:  - the delivered price calculated on the basis of the reference price list, and  - the delivered price calculated on the basis of the contract or the pro forma invoice.  They shall furnish all necessary documents, in particular the duplicates of licence applications, purchase contracts and vendor's order confirmations, whenever the price difference noted is considerable or relates to a large quantity.  2. When a licence is granted to import goods:  - originating in non-member countries other than those listed in Annex I or II,  - originating in a country listed in Annex I or II, but consigned from a non-member country other than the country of origin (indirect importation),  Member States shall inform the Commission of any difference, in ECU per tonne, between:  - the basic price as published in the Official Journal of the European Communities and  - the cif price at the Community, frontier, including customs duties applicable and unloading costs.  3. Within the first 10 days of each month, Member States shall notify the Commission of the tonnage and values (calculated on the basis of the cif prices) for which import licences were issued during the preceding month.  4. The information supplied by Member States shall include:  (a) a breakdown by country of origin;  (b) a breakdown by product (Common Customs Tariff subheading and NIMEXE code) for each country of origin;  (c) for each country of origin, the quantities of products declared as being seconds or of substandard quality;  (d) within the total of any one product originating in any one country, the quantities not imported direct from that country and, in such cases, an indication of the country of consignment. 5. Within the first 10 days of each month, Member States shall notify to the Commission:  (a) the tonnage and the values (calculated on the basis of the cif price for which import licences expired during the preceding month without having been fully or partially used;  (b) the tonnage and the values (calculated on the basis of the cif price) for which previously issued import licences were renewed in whole or in part in the preceding month.  Article 4  This Recommendation shall enter into force on the day of its publication in the Official Journal of the European Communites.  It shall apply until 31 December 1987.  Done at Brussels, 27 April 1987.  For the Commission  Willy DE CLERCQ  Member of the Commission  (1) OJ No L 348, 24. 12. 1985, p. 32.  ANNEX I  Austria  Finland  Norway  Sweden  ANNEX II  1.2 // Brazil Bulgaria Czechoslovakia Hungary   // Korea Poland Romania Venezuela  ANNEX III A  List of products the importation of which is subject to the issue of an import document (quantity and price surveillance)  NIMEXE code  1.2.3 // 73.01-21 73.01-23 73.01-25 73.01-27 73.01-31 73.01-35 73.01-41 73.01-49 73.02-01 73.02-09 73.07-12 73.07-21 73.07-24 73.08-03 73.08-05 73.08-07 73.08-21 73.08-25 73.08-29 73.08-41  // 73.08-45 73.08-49 73.10-11 73.10-12 73.10-14 73.10-15 73.10-17 73.11-11 73.11-12 73.11-14 73.11-16 73.11-19 73.12-19 73.13-16 73.13-17 73.13-19 73.13-21 73.13-23 73.13-26  // 73.13-41 73.13-43 73.13-45 73.13-47 73.13-49 73.13-67 73.13-72 73.73-23 73.73-25 73.73-26 73.73-29 73.73-33 73.73-35 73.73-36 73.73-39 73.75-19 73.75-23 73.75-33 73.75-43 73.75-53 73.75-63 ANNEX III B  List of products for which import is subject to the issue of an import document (quantity monitoring)  NIMEXE code  1.2.3 // 73.01-10 73.06-10 73.06-20 73.06-30 73.08-01 73.09-00 73.10-18 73.10-42 73.11-41 73.11-50 73.12-11 73.12-21 73.12-51 73.12-71 73.13-11 73.13-32 73.13-34 73.13-36 73.13-50 73.13-64 73.13-65 73.13-68 73.13-74  // 73.13-76 73.13-78 73.13-79 73.13-82 73.13-84 73.13-86 73.13-87 73.13-88 73.13-89 73.13-92 73.61-20 73.62-10 73.62-30 73.63-29 73.63-72 73.64-20 73.64-72 73.65-21 73.65-23 73.65-25 73.65-53 73.65-55 73.65-70 73.65-81  // 73.71-21 73.71-23 73.71-24 73.71-29 73.71-51 73.71-52 73.72-11 73.72-13 73.72-19 73.72-33 73.72-39 73.73-72 73.74-21 73.74-23 73.74-29 73.74-72 73.75-11 73.75-54 73.75-59 73.75-73 73.75-79 73.75-83 73.75-84 73.75-89


Avis juridique important

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31977H0354

77/354/EEC: Commission Recommendation of 6 May 1977 addressed to the Government of the Kingdom of the Netherlands regarding a draft law implementing the Council Directive of 12 November 1974 on admission to the occupation of road passenger transport operator in national and international transport operations

Official Journal L 123 , 17/05/1977 P. 0020 - 0021

COMMISSION RECOMMENDATION of 6 May 1977 addressed to the Government of the Kingdom of the Netherlands regarding a draft law implementing the Council Directive of 12 November 1974 on admission to the occupation of road passenger transport operator in national and international transport operations (77/354/EEC) By letter of 5 January 1977, the Office of the Dutch Permanent Representative to the European Communities sent to the Commission, for consultation, the text of a draft law concerning the implementation of the Council Directive of 12 November 1974 on admission to the occupation of road passenger transport operator in national and international transport operations (1).  These texts were submitted in pursuance of Article 6 (1) of the Directive, under which "the Member States shall, after consulting the Commission and before 1 January 1977, adopt the measures necessary for the implementation of this Directive, in particular Article 2 (4) thereof,"  The Commission notes with regret that, owing to the delay in submitting details of its implementing measures, the Dutch Government was unable to fulfil by the due date its obligations under Article 6 of the Directive as aforesaid, and has made it impossible for the Commission to adopt this Recommendation within the proper time.  As regards the draft law itself, the Commission delivers the following Recommendation:    1. The Commission notes that the Dutch Government's draft law satisfies the conditions of the Directive in the following respects:      - the conditions of good repute, financial standing and professional competence (Article 2 (1) of the Directive);           - the determination of those natural persons who, where applicable, must fulfil the conditions laid down in Article 2 (1) in conjunction with the second and third subparagraphs of paragraph 1.                  2. The Commission takes note of the fact that the first and fourth subparagraphs of draft Article 56a state that the procedure for defining and, in some respects, implementing these conditions will be laid down in subsequent administrative regulations. In this connection, the Commission would remind the Dutch Government that the Commission must be consulted on these measures, and that they must comply with the provisions of the Directive, in particular Article 2 (2), (3) and (4) and Article 3.       3. The Commission also notes that the fifth subparagraph of Article 56a lays down the principle of withdrawal of authorization where one or other of the conditions of admission referred to above are no longer satisfied. Provision is, however, also made for a transitional period of at least one year unless there is a risk of jeopardizing the interests of a third party.  The Commission would point out to the Dutch Government that Article 5 (2) of the Directive does allow time for the withdrawing of authorization, but only to enable a substitute to be appointed.  The Commission therefore recommends that the Dutch Government amend the last sentence of the fifth subparagraph of draft Article 56a to ensure compliance with Article 5 (2) in fine of the Directive.       4. The Commission notes, from the draft Article 56b and the explanatory memorandum accompanying the draft law, that some types of transport operation may be exempted from the provisions of Article 56a by or pursuant to an administrative regulation. The Commission also notes from the explanatory memorandum that these will be transport operations which are for non-commercial purposes or are a secondary activity, provided that they have only a minor impact on the transport market, as provided for in Article 1 (3) of the Directive.       5. The Commission notes that, although Article II of the draft law exempts persons who have been granted authorization by the date of entry into force of the law from the conditions laid down in Article 56a, this limited provision cannot, under any circumstances, be considered to implement Article 4 of the Directive concerning transitional measures.  The Commission therefore recommends that the Dutch Government amend Article II of the draft law so that it covers all the hypotheses provided for in Article 4 of the Directive.  (1) OJ No L 308, 19.11.1974, p. 23.        6. The Commission also draws the attention of the Dutch Government to the need to implement:      - Article 3 : continued operation of an undertaking on a temporary or permanent basis in the circumstances and according to the rules laid down in paragraphs (1) and (2) of this Article,           - Article 5 (1) : statement of grounds for rejection of an application for admission to the occupation of road passenger transport operator,           - Article 5 (3) : the parties concerned are given the possibility of defending their interests by appropriate means as regards decisions to reject or withdraw authorization.             The Commission advises the Dutch Government to take steps to remedy the deficiencies of the draft law in these respects.       7. Finally - in a more general context - the Commission urges the Dutch Government to adopt as soon as possible, after consulting the Commission, the implementing measures referred to in points 2, 4 and 6 of this Recommendation (which should have been adopted by 1 January 1977 under Article 6 (1) of the Directive).  Done at Brussels, 6 May 1977.  For the Commission  Richard BURKE  Member of the Commission


title: Council Recommendation of 11 July 2017 on the 2017 National Reform Programme of Denmark and delivering a Council opinion on the 2017 Convergence Programme of Denmark

text:
               9.8.2017

               EN

               Official Journal of the European Union

               C 261/16

         COUNCIL RECOMMENDATION
   of 11 July 2017
   on the 2017 National Reform Programme of Denmark and delivering a Council opinion on the 2017 Convergence Programme of Denmark
   (2017/C 261/04)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Articles 121(2) and 148(4) thereof,
   Having regard to Council Regulation (EC) No 1466/97 of 7 July 1997 on the strengthening of the surveillance of budgetary positions and the surveillance and coordination of economic policies (1), and in particular Article 9(2) thereof,
   Having regard to the recommendation of the European Commission,
   Having regard to the resolutions of the European Parliament,
   Having regard to the conclusions of the European Council,
   Having regard to the opinion of the Employment Committee,
   Having regard to the opinion of the Economic and Financial Committee,
   Having regard to the opinion of the Social Protection Committee,
   Having regard to the opinion of the Economic Policy Committee,
   Whereas:

               (1)

               On 16 November 2016, the Commission adopted the Annual Growth Survey, marking the start of the 2017 European Semester for economic policy coordination. The priorities of the Annual Growth Survey were endorsed by the European Council on 9-10 March 2017. On 16 November 2016, on the basis of Regulation (EU) No 1176/2011 of the European Parliament and of the Council (2), the Commission adopted the Alert Mechanism Report, in which it did not identify Denmark as one of the Member States for which an in-depth review would be carried out.

               (2)

               The 2017 country report for Denmark was published on 22 February 2017. It assessed Denmark’s progress in addressing the country-specific recommendations adopted by the Council on 12 July 2016, the follow-up given to the country-specific recommendations adopted in previous years and Denmark’s progress towards its national Europe 2020 targets.

               (3)

               On 28 April 2017, Denmark submitted its 2017 National Reform Programme and its 2017 Convergence Programme. In order to take account of their interlinkages, the two programmes have been assessed at the same time.

               (4)

               Relevant country-specific recommendations have been addressed in the programming of the European Structural and Investment Funds (ESI Funds) for the 2014-2020 period. As provided for in Article 23 of Regulation (EU) No 1303/2013 of the European Parliament and of the Council (3), where it is necessary to support the implementation of relevant Council recommendations, the Commission may request a Member State to review and propose amendments to its Partnership Agreement and relevant programmes. The Commission has provided further details on how it would make use of that provision in guidelines on the application of the measures linking effectiveness of the ESI Funds to sound economic governance.

               (5)

               Denmark is currently in the preventive arm of the Stability and Growth Pact. In its 2017 Convergence Programme, the Government plans to achieve a headline deficit of 1,9 % of GDP in 2017 and to continue to meet the medium-term budgetary objective — a structural deficit of 0,5 % of GDP — throughout the programme period until 2020. According to the 2017 Convergence Programme, the general government debt-to-GDP ratio is expected to fall to 37,0 % in 2017 and to continue declining to 33,9 % in 2020. The macroeconomic scenario underpinning those budgetary projections is plausible over the programme period. Based on the Commission 2017 spring forecast, the structural balance is forecast to reach a deficit of 0,4 % of GDP in 2017 and 0,1 % of GDP in 2018, broadly in line with the target of the 2017 Convergence Programme and above the medium-term budgetary objective. Overall, the Council is of the opinion that Denmark is projected to comply with the provisions of the Stability and Growth Pact in 2017 and 2018.

               (6)

               Ensuring labour supply in times of demographic challenge is a precondition for sustainable growth in Denmark. A series of substantial labour market reforms in recent years aims particularly at increasing work incentives and improving the efficiency of active labour market policies. These reforms could contribute to achieving Denmark’s Europe 2020 employment target, to the sustainability of the Danish welfare model and to address the emerging shortage of certain qualifications. Reforms aiming to increase participation and completion rates in vocational education, and a tripartite agreement to create more apprenticeships, are likely to increase the supply of skilled workers. However, the national Europe 2020 target for social inclusion, aiming at reducing the number of people living in very low work intensity households, is far from being achieved. Labour market inclusion and improving the employability of disadvantaged groups remain a challenge. This particularly applies to people with a non-EU migrant background (including those who have resided longer in Denmark), partly due to their on average-lower education performance compared to native-born people. The gap persists into the second generation. The job-integration measures agreed in the 2016 tripartite negotiations could improve the situation for newly arrived refugees, whose situation will have to be closely monitored in the future. However, further measures should still be taken to include other marginalised groups, such as young people with low educational attainment and workers above the age of 60, in the labour market more effectively.

               (7)

               High productivity growth is fundamental to support economic growth, maintain the relatively high level of welfare in Denmark, and ensure the long-term competitiveness of the country. Although Denmark’s productivity level is high compared to other Member States, productivity growth has been on a downward trend for a prolonged period. Domestically oriented services, in particular, have been characterised by sluggish productivity developments. Denmark has implemented several reforms during the last years, but productivity growth stays low as competition in some services sectors remains weak. Sector-specific restrictions hamper competition, for instance in wholesale and transport services.

               (8)

               In the context of the 2017 European Semester, the Commission has carried out a comprehensive analysis of Denmark’s economic policy and published it in the 2017 country report. It has also assessed the 2017 Convergence Programme, the 2017 National Reform Programme and the follow-up given to the recommendations addressed to Denmark in previous years. It has taken into account not only their relevance for sustainable fiscal and socioeconomic policy in Denmark but also their compliance with Union rules and guidance, given the need to strengthen the Union’s overall economic governance by providing Union-level input into future national decisions.

               (9)

               In the light of this assessment, the Council has examined the 2017 Convergence Programme and is of the opinion that Denmark is expected to comply with the Stability and Growth Pact,

         HEREBY RECOMMENDS that Denmark take action in 2017 and 2018 to:

               1.

               Foster competition in the domestically oriented services sector.

      Done at Brussels, 11 July 2017.

            For the Council

            The President

         T. TÕNISTE

      (1)  OJ L 209, 2.8.1997, p. 1.

      (2)  Regulation (EU) No 1176/2011 of the European Parliament and of the Council of 16 November 2011 on the prevention and correction of macroeconomic imbalances (OJ L 306, 23.11.2011, p. 25).

      (3)  Regulation (EU) No 1303/2013 of the European Parliament and of the Council of 17 December 2013 laying down common provisions on the European Regional Development Fund, the European Social Fund, the Cohesion Fund, the European Agricultural Fund for Rural Development and the European Maritime and Fisheries Fund and laying down general provisions on the European Regional Development Fund, the European Social Fund, the Cohesion Fund and the European Maritime and Fisheries Fund and repealing Council Regulation (EC) No 1083/2006 (OJ L 347, 20.12.2013, p. 320).


title: Commission Recommendation (EU) 2017/948 of 31 May 2017 on the use of fuel consumption and CO2 emission values type-approved and measured in accordance with the World Harmonised Light Vehicles Test Procedure when making information available for consumers pursuant to Directive 1999/94/EC of the European Parliament and of the Council (notified under document C(2017) 3525)

text:
               2.6.2017

               EN

               Official Journal of the European Union

               L 142/100

         COMMISSION RECOMMENDATION (EU) 2017/948
   of 31 May 2017
   on the use of fuel consumption and CO2 emission values type-approved and measured in accordance with the World Harmonised Light Vehicles Test Procedure when making information available for consumers pursuant to Directive 1999/94/EC of the European Parliament and of the Council

         (notified under document C(2017) 3525)

   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Directive 1999/94/EC of the European Parliament and of the Council of 13 December 1999 relating to the availability of consumer information on fuel economy and CO2 emissions in respect of the marketing of new passenger cars (1) and, in particular, Article 9(2)(c) thereof,
   Whereas:

               (1)

               A new regulatory test procedure for measuring CO2 emissions and fuel consumption from light duty vehicles, the World Harmonised Light Vehicles Test Procedure (WLTP) set out in Commission Regulation (EU) C(2017) 3521 (2), will replace the New European Test Cycle (NEDC), which is currently used pursuant to Commission Regulation (EC) No 692/2008 (3) but no longer corresponds to present-day's driving conditions or vehicle technologies. The WLTP will provide stricter test conditions and more realistic fuel consumption and CO2 emission values to the benefit of consumers. Requirements regarding consumer information should include the manner in which access to this improved information will be ensured in order to provide for the necessary comparability of that information.

               (2)

               Directive 1999/94/EC aims to ensure that information relating to fuel consumption and CO2 emissions of new passenger cars offered for sale or lease in the Union is made available to consumers in order to enable them to make an informed choice when purchasing a new car. That Directive requires, with regard to new passenger cars, that both official fuel consumption and official specific emissions of CO2 of new passenger cars, as defined in points (5) and (6) of Article 2 of that Directive, are made available to consumers. The values to be used are those type-approved and measured by the type-approval authority in accordance with the provisions of Regulation (EC) No 715/2007 of the European Parliament and of the Council (4) and of Regulation (EC) No 692/2008, in particular Annex XII thereof, and included in Annex VIII to Directive 2007/46/EC of the European Parliament and of the Council (5). Those values are to be attached to the EC vehicle type-approval certificate and are to be included in the certificate of conformity.

               (3)

               The WLTP is to be phased-in, starting with new passenger car types, as described in Part B of Annex II to Directive 2007/46/EC, from 1 September 2017, followed by new passenger cars from 1 September 2018. End-of-series vehicles, as defined in point (22) of Article 3 of Directive 2007/46/EC, which are type-approved and measured in accordance with the NEDC, may be placed on the market for a period of 12 months from the date on which validity of the EC type-approval expired, i.e. until 31 August 2019. As a consequence, from 1 September 2019 all new passenger cars placed on the Union market are to be tested in accordance with the WLTP.

               (4)

               During the phasing-in of the WLTP, the EC vehicle type-approval certificate and the certificate of conformity are to mention fuel consumption and CO2 emission values type-approved and measured in accordance with the NEDC and/or the WLTP. For passenger cars type-approved in accordance with the WLTP, both WLTP and NEDC fuel consumption and CO2 emission values will be recorded in the certificate of conformity.

               (5)

               For that transitional period of phasing-in of the WLTP, it is therefore important to clarify which values are to be used for consumer information purposes pursuant to Directive 1999/94/EC to ensure that consumer information remains comparable across all new passenger cars and all Member States.

               (6)

               It is very likely that the fuel consumption and CO2 emissions values measured in accordance with the WLTP will be different from the ones measured in accordance with the NEDC. WLTP values will in many cases be higher compared to NEDC values for the same car. Furthermore, in contrast to the NEDC, the WLTP will provide for specific fuel consumption and CO2 emission values for each individual vehicle reflecting the vehicle specifications and optional equipment that affect those values. That should be able to provide consumers with more precise and realistic information on each new passenger car or, in the case of a given car model, on the range of possible fuel consumption and CO2 emission values.

               (7)

               Test results on fuel consumption and CO2 emission values are recorded for different test phases. For vehicles type-approved in accordance with the NEDC, values are provided for ‘urban’ and ‘extra-urban’ conditions as well as ‘combined’ and ‘weighted, combined’ values. For vehicles type-approved in accordance with the WLTP, values are provided for ‘low’, ‘medium’, ‘high’, and ‘extra high’ as well as ‘combined’ and ‘weighted, combined’ values. In order to ensure comparability at least the ‘combined’ values of the applicable test method should be made available to consumers.

               (8)

               Where separate from the labels, guides, posters or promotional literature and material required under Directive 1999/94/EC information relating to fuel consumption or CO2 emissions is made available to consumers based on non-harmonised test protocols within the scope of voluntary schemes by manufacturers, consumers should be made fully aware that such values are based on non-harmonised test protocols. Consumers should be advised that, in order to compare new passenger cars' fuel consumption or CO2 emissions, values measured and type-approved in accordance with a harmonised EU test protocol should be used.

               (9)

               When transposing Directive 1999/94/EC, some Member States have chosen to include also information about air pollutants on the car labels in addition to the information on fuel consumption and specific CO2 emissions. With the introduction of the WLTP and the real driving emission (RDE) test procedure and with the new requirements for declaring a maximum value of real-driving emissions on the certificate of conformity of new cars (6), information on air pollutants will be available as of 1 September 2017 for all new vehicle types and as of 1 September 2019 for all new vehicles. In line with the recommendation by the European Parliament following the inquiry into emission measurements in the automotive sector (7), Member States should consider whether to make such information available to consumers with a view to raising awareness and enabling consumers to make an informed choice when purchasing a car.

               (10)

               In order to ensure that consumers fully understand the implications of the change to the WLTP, all concerned parties should run or contribute to information campaigns to explain the effects of the new test procedure on fuel consumption and CO2 emission values. Those information campaigns should involve public authorities, consumer organisations, environmental and non-governmental organisations, driver associations, and the car industry.

               (11)

               After having conducted consultations with the Expert Group for policy development and implementation of CO2 from road vehicles, with experts from industry, consumer organisations and other non-governmental organisations and Member States, the Commission considers it appropriate to provide recommendations as to how the official fuel consumption and official specific emissions of CO2 of new passenger cars should be expressed for consumer information purposes.

               (12)

               A recommendation should be adopted to enable consumers to make an informed choice and to encourage a harmonised application of Directive 1999/94/EC throughout the Union.

               (13)

               The measures provided for in this Recommendation are in accordance with the opinion of the Committee established under Article 10 of Directive 1999/94/EC,

         HAS ADOPTED THIS RECOMMENDATION:

               1.

               Member States should ensure that the NEDC values recorded in the certificates of conformity of new registered cars are used for the purpose of communicating the official fuel consumption and official specific emissions of CO2, as defined in points (5) and (6) of Article 2 of Directive 1999/94/EC, to consumers until 31 December 2018, after which date all new vehicles placed on the Union market are to be tested and type-approved in accordance with WLTP.

               2.

               From 1 January 2019, Member States should ensure that only WLTP fuel consumption and CO2 emission values are used for consumer information purposes.

               3.

               Member States should ensure that after 1 January 2019, when end-of-series vehicles may still have NEDC values only, those values are accompanied by a disclaimer that the vehicle is an end-of-series vehicle and that the values are not comparable to values based on the WLTP.

               4.

               Member States should ensure that the label which is attached to or displayed near each new passenger car at the point of sale includes information on the official fuel consumption and official specific CO2 emission values of the vehicle to which it refers.

               5.

               Member States should ensure that the guide on fuel economy and CO2 emissions as well as the poster or display to be displayed at the point of sale includes information on the official fuel consumption and official specific CO2 emission values of the vehicle to which it refers. Where several variants and/or versions are grouped under one model, the values to be given should be those of the individual vehicle with the highest values within that group.

               6.

               Member States should ensure that promotional material containing a reference to any particular new passenger car model, version or variant includes information on the official fuel consumption and official specific CO2 emission values of the vehicle to which it refers. Where more than one model is specified, Member States should ensure that the information includes the official fuel consumption and official specific CO2 emission values of all the vehicles to which it refers or the range between the worst and best values of all the vehicles to which it refers. For vehicles type-approved in accordance with the WLTP, the worst and best values should reflect the values of the new passenger cars available on the market, as recorded in the certificates of conformity.

               7.

               Member States should ensure that promotional material distributed by electronic means which allow consumers to configure a specific vehicle, such as online car configurators, clearly demonstrate to consumers how different specific equipment and optional extras affect the fuel consumption and CO2 emission values type-approved and measured in accordance with the WLTP.

               8.

               In case Member States allow that WLTP fuel consumption and CO2 emission values are provided as additional information prior to 1 January 2019 in order to provide consumers as early as possible with access to CO2 emission and fuel consumption values that are more representative of real driving conditions, Member States should ensure that the additional information is presented clearly and separate from the labels, guides, posters or promotional literature and material required under Directive 1999/94/EC and that it contains the following information:
               ‘From 1 September 2017, certain new vehicles will be type-approved using the World Harmonised Light Vehicle Test Procedure (WLTP), which is a new, more realistic test procedure for measuring fuel consumption and CO2 emissions. From 1 September 2018 the WLTP will fully replace the New European Drive Cycle (NEDC), which is the current test procedure. Due to more realistic test conditions, the fuel consumption and CO2 emissions measured under the WLTP are in many cases higher compared to those measured under the NEDC.’.

               9.

               Member States should ensure that consumers, before taking a decision on the purchase of a car, are informed about the changes in fuel consumption and CO2 emission values resulting from the introduction of the WLTP and about the implications that those changes may have at the time of registration.

               10.

               Member States should ensure that the official fuel consumption and official specific CO2 emission values include at least the ‘combined’ values measured in accordance with the relevant test procedure.

               11.

               Where information relating to fuel consumption or CO2 emissions based on non-harmonised test protocols within the scope of voluntary schemes by manufacturers is provided to consumers separate from the labels, guides, posters or promotional literature and material required under Directive 1999/94/EC, Member States should ensure that such information includes the following information:
               ‘The fuel consumption or CO2 emission values provided are based on non-harmonised test protocols. They are provided for information purposes only. In order to compare new passenger car's fuel consumption or CO2 emission values, based on a harmonised EU test protocol, official fuel consumption or CO2 emission values should be used [insert hyperlink to where these values are available].’.

               12.

               Member States should consider the possibility of also including the information regarding the maximum value for real-driving air pollutants declared on each vehicle's certificate of conformity on the label which is attached to or displayed near each new passenger car at the point of sale.

               13.

               Member States should ensure that appropriate information campaigns are launched to explain to consumers the introduction of the WLTP and its implications for fuel consumption and CO2 emission values, in particular the increase in those values compared to the values derived under the NEDC, and the meaning of the values resulting from different test phases.

               14.

               This Recommendation is addressed to the Member States.

      Done at Brussels, 31 May 2017.

            For the Commission

         Miguel ARIAS CAÑETE

            Member of the Commission

      (1)  OJ L 12, 18.1.2000, p. 16.

      (2)  Commission Regulation C(2017) 3521 of 1 June 2017 supplementing Regulation (EC) No 715/2007 of the European Parliament and of the Council on type-approval of motor vehicles with respect to emissions from light passenger and commercial vehicles (Euro 5 and Euro 6) and on access to vehicle repair and maintenance information, amending Directive 2007/46/EC of the European Parliament and of the Council, Commission Regulation (EC) No 692/2008 and Commission Regulation (EU) No 1230/2012 and repealing Regulation (EC) No 692/2008 (not yet published in the Official Journal).

      (3)  Commission Regulation (EC) No 692/2008 of 18 July 2008 implementing and amending Regulation (EC) No 715/2007 of the European Parliament and of the Council on type-approval of motor vehicles with respect to emissions from light passenger and commercial vehicles (Euro 5 and Euro 6) and on access to vehicle repair and maintenance information (OJ L 199, 28.7.2008, p. 1).

      (4)  Regulation (EC) No 715/2007 of the European Parliament and of the Council of 20 June 2007 on type approval of motor vehicles with respect to emissions from light passenger and commercial vehicles (Euro 5 and Euro 6) and on access to vehicle repair and maintenance information (OJ L 171, 29.6.2007, p. 1).

      (5)  Directive 2007/46/EC of the European Parliament and of the Council of 5 September 2007 establishing a framework for the approval of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles (Framework Directive) (OJ L 263, 9.10.2007, p. 1).

      (6)  Commission Regulation (EU) 2016/646 of 20 April 2016 amending Regulation (EC) No 692/2008 as regards emissions from light passenger and commercial vehicles (Euro 6) (OJ L 109, 26.4.2016, p. 1).

      (7)  P8_TA(2017)0100.


Avis juridique important

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31979K0702

79/702/ECSC: Commission Recommendation of 25 July 1979 amending and derogating from High Authority Recommendation No 1-64 concerning an increase in the protective duty on iron and steel products at the external frontiers of the Community

Official Journal L 207 , 15/08/1979 P. 0030 - 0031 Greek special edition: Chapter 11 Volume 15 P. 0170  Spanish special edition: Chapter 11 Volume 11 P. 0245  Portuguese special edition Chapter 11 Volume 11 P. 0245

COMMISSION RECOMMENDATION  of 25 July 1979  amending and derogating from High Authority recommendation No 1-64 concerning an increase in the protective duty on iron and steel products at the external frontiers of the Community  (79/702/ECSC)  THE COMMISSION OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Coal and Steel Community,  Having regard to High Authority recommendation No 1-64 of 15 January 1964 to the Governments of the Member States concerning an increase in the protective duty on iron and steel products at the external frontiers of the Community (1), as amended by recommendation No 1905/78/ECSC of 28 July 1978 (2), and in particular Article 3 thereof,  Having regard to the Decision of 18 December 1978 of the representatives of the Member States, meeting within the Council (3),  Whereas the end-use control of hoop and strip for the manufacture of tin-plate (subheading 73.12 B I of the Common Customs Tariff) should be discontinued since the duty rate applicable to these goods is the same as that for the other hoop and strip of subheading 73.12 B II (i.e. 8 %), and to this end, in the table annexed to recommendation No 1-64, as amended by recommendation No 1905/78/ECSC, the footnote reference (a) in respect of subheading 73.12 B I, and the corresponding footnote, should be deleted;  Whereas it is also necessary to standardize Community customs control of products eligible for preferential tariff duty rates by reason of their end-use, particularly in shipbuilding, by extending to ECSC products the regulations applicable to analogous products in the context of the EEC;  Whereas it is accordingly necessary to apply to iron and steel coils for re-rolling (subheading 73.08 A of the Common Customs Tariff) the provisions of Commission Regulation (EEC) No 1535/77 of 4 July 1977 (4), as amended by Regulation (EEC) No 2697/77 (5), and to apply to materials for use in shipbuilding for which tariff preference was established by the Decision of the representatives of Member States, meeting within the Council, of 13 January 1975 the provisions of Regulation (EEC) No 2695/77 (6) of 7 December 1977, as amended by Regulation (EEC) No 2788/78 (7),  HAS ADOPTED THIS RECOMMENDATION:    Article 1 In the table annexed to High Authority recommendation No 1-64 of 15 January 1964, as amended by recommendation No 1905/78/ECSC of 28 July 1978, footnote reference (a) in respect of subheading 73.12 B I, together with the corresponding footnote, is hereby deleted.   Article 2 The Member States are hereby authorized to derogate from the obligations arising under Article 1 of High Authority recommendation No 1-64 of 15 January 1964 to the extent necessary to apply, in respect of the import of iron and steel coils for re-rolling, of a width of less than 1 750 m (subheading 73.08 A of the Common Customs Tariff), the provisions of Commission Regulation (EEC) No 1535/77, as amended by Regulation (EEC) No 2697/77.   Article 3 The Member States are hereby authorized to derogate from the obligations resulting from Article 1 of High Authority recommendation No 1-64 of 15 January 1964 to the extent necessary to apply to the relevant products of the Treaty establishing the European Coal and Steel Community intended for incorporation in ships (subheadings 89.01 A, 89.01 B I, 89.02 A, 89.02 B I and 89.03 A of the Common Customs Tariff) during their construction, repair, maintenance or transformation or for their fitting out or equipment, the provisions of Commission Regulation (EEC) No 2695/77 of 7 December 1977, as amended by Regulation (EEC) No 2788/78.  (1)OJ No 8, 22.1.1964, p. 99/64. (2)OJ No L 217, 8.9.1978, p. 5. (3)OJ No L 10, 16.1.1979, p. 12. (4)OJ No L 171, 9.7.1977, p. 1. (5)OJ No L 314, 8.12.1977, p. 21. (6)OJ No L 314, 8.12.1977, p. 14. (7)OJ No L 330, 30.11.1978, p. 25.    Article 4 The Member States shall adopt all the measures necessary to conform to this recommendation.   Article 5 This recommendation shall be notified to the Member States and published in the Official Journal of the European Communities.     Done at Brussels, 25 July 1979.  For the Commission  Wilhelm HAFERKAMP  Vice-President


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32002H0175

Commission Recommendation of 22 February 2002 amending Recommendation 98/195/EC, as last amended by Recommendation 2000/263/EC, on Interconnection in a liberalised telecommunications market (Part 1 — Interconnection pricing) (Text with EEA relevance) (notified under document number C(2002) 561)

Official Journal L 058 , 28/02/2002 P. 0056 - 0056

Commission Recommendationof 22 February 2002amending Recommendation 98/195/EC, as last amended by Recommendation 2000/263/EC, on Interconnection in a liberalised telecommunications market(Part 1 - Interconnection pricing)(notified under document number C(2002) 561)(Text with EEA relevance)(2002/175/EC)THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Directive 97/33/EC of the European Parliament and of the Council of 30 June 1997 on interconnection in telecommunications with regard to ensuring universal service and interoperability through application of the principles of Open Network Provision (ONP)(1), as amended by Directive 98/61/EC(2), and in particular Article 7(5) thereof,After consulting the advisory committee set up by Article 9(1) of Council Directive 90/387/EEC of 28 June 1990 on the establishment of the internal market for telecommunications services through the implementation of open network provision(3), as amended by Directive 97/51/EC of the European Parliament and of the Council(4),Whereas:(1) Point 9 of Commission Recommendation 98/195/EC of 8 January 1998 on Interconnection in a liberalised telecommunications market (Part 1 - Interconnection Pricing)(5), as last amended by Recommendation 2000/263/EC(6), states that the Recommendation will be reviewed by the Commission by 31 December 2000. In particular it was also indicated in the Recommendation that an assessment should be made on the need to continue with publication of "best current practice" charges.(2) The sixth and seventh Commission reports on the implementation of the telecommunications regulatory package(7) note the progressive reduction of interconnection charges in the Community to the levels published by the Commission's best practice price recommendations(8), and the increasing availability of cost accounting systems for operators with obligations to interconnect, and therefore, from 1 January 2002 onwards it is considered no longer necessary to refer to the "best current practice" approach and update of price recommendation as originally included in Recommendation 98/195/EC.(3) Other elements of the Recommendation continue to provide guidance to national regulatory authorities and should be retained,HEREBY RECOMMENDS:Article 1Recommendation 98/195/EC, as last amended by Recommendation 2000/263/EC, is amended as follows:Points 4, 4a, 5 and 9 of the Recommendation together with Annex II are deleted.Article 2This Recommendation is addressed to the Member States.Done at Brussels, 22 February 2002.For the CommissionErkki LiikanenMember of the Commission(1) OJ L 199, 26.7.1997, p. 32.(2) OJ L 268, 3.10.1998, p. 37.(3) OJ L 192, 24.7.1990, p. 1.(4) OJ L 295, 29.10.1997, p. 23.(5) OJ L 73, 12.3.1998, p. 42.(6) OJ L 83, 4.4.2000, p. 30.(7) COM(2000) 814 of 7.12.2000 and COM(2001) 706 of 26.11.2001.(8) >TABLE>


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31986H0458

86/458/EEC: Council Recommendation of 15 September 1986 concerning nationals of the Grand Duchy of Luxembourg who hold a diploma in medicine conferred by a third State

Official Journal L 267 , 19/09/1986 P. 0030 - 0030

*****COUNCIL  RECOMMENDATION  of 15 September 1986  concerning nationals of the Grand Duchy of Luxembourg who hold a diploma in medicine conferred by a third State  (86/458/EEC)  THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Noting that Council Directive 86/457/EEC of 15 September 1986 on specific training in general medical practice (1), refers only to diplomas, certificates and other evidence of formal qualifications conferred in a Member State;  Anxious, however, to take account of the special position of nationals of the Grand Duchy of Luxembourg, who, since there is no specific training in general medical practice in the Grand Duchy itself, have studied in a third State;  HEREBY RECOMMENDS that the Governments of the other Member States allow nationals of the Grand Duchy of Luxembourg who hold a diploma awarded in a third State, on completion of specific training in general medical practice that is recognized by the Luxembourg Ministry of Health, to take up and pursue activities as general medical practitioners within the Community.  Done at Brussels, 15 September 1986.  For the Council  The President  G. HOWE  (1) See page 26 of this Official Journal.


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31981K1997

Commission Recommendation No 1997/81/ECSC of 3 July 1981 amending Recommendation No 587/80/ECSC on Community surveillance in respect of the importation into the Community of certain iron and steel products covered by the ECSC Treaty originating in non-member countries

Official Journal L 194 , 17/07/1981 P. 0020

****( 1 ) OJ NO L 65 , 11 . 3 . 1980 , P . 5 .  ( 2 ) OJ NO L 355 , 30 . 12 . 1980 , P . 42 .    COMMISSION RECOMMENDATION NO 1997/81/ECSC   OF 3 JULY 1981   AMENDING RECOMMENDATION NO 587/80/ECSC ON COMMUNITY SURVEILLANCE IN RESPECT OF THE IMPORTATION INTO THE COMMUNITY OF CERTAIN IRON AND STEEL PRODUCTS COVERED BY THE ECSC TREATY ORIGINATING IN NON-MEMBER COUNTRIES   THE COMMISSION OF THE EUROPEAN   COMMUNITIES ,   HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN COAL AND STEEL COMMUNITY , AND IN PARTICULAR ARTICLE 74 THEREOF ,   WHEREAS RECOMMENDATION NO 587/80/ECSC ( 1 ), EXTENDED UNTIL 31 DECEMBER 1981 BY RECOMMENDATION NO 3384/80/ECSC ( 2 ), INSTITUTED COMMUNITY SURVEILLANCE IN RESPECT OF THE IMPORTATION INTO THE COMMUNITY OF CERTAIN ECSC IRON AND STEEL PRODUCTS ;   WHEREAS CERTAIN NON-MEMBER COUNTRIES NOT ON THE LISTS ANNEXED TO RECOMMENDATION NO 587/80/ECSC HAVE CONCLUDED ARRANGEMENTS WITH THE COMMISSION FOR 1981 ON TRADE IN CERTAIN ECSC IRON AND STEEL PRODUCTS ; WHEREAS THE RECOMMENDATION SHOULD CONSEQUENTLY BE AMENDED ,   MAKES THE FOLLOWING RECOMMENDATION :   ARTICLE 1   RECOMMENDATION NO 587/80/ECSC IS HEREBY AMENDED AS FOLLOWS :   1 . ARTICLE 2 ( 2 ) A IS REPLACED BY THE FOLLOWING :   ' A . FOR GOODS ORIGINATING IN AND CONSIGNED DIRECTLY FROM ONE OF THE COUNTRIES LISTED IN ANNEX II , EXCEPT BRAZIL  ( DIRECT IMPORTATION ), AND FOR PIG IRON AND CAST IRON FALLING WITHIN HEADING NO 73.01 OF THE COMMON CUSTOMS TARIFF ORIGINATING IN AND CONSIGNED DIRECTLY FROM BRAZIL :  ( A ) A FULL COMMERCIAL DESCRIPTION OF THE GOODS , INCLUDING EXACT SPECIFICATIONS , SUFFICIENT TO PERMIT CALCULATION OF THE DELIVERED PRICE ACCORDING TO THE PRINTED PRICE LIST SELECTED ;  ( B ) THE DELIVERED PRICE PER TONNE , INCLUDING CUSTOMS DUTIES , TRANSPORT COSTS TO POINT OF DELIVERY AND ALL EXTRAS , REBATES AND ANY OTHER FACTORS RELEVANT TO THE CALCULATION OF THE DELIVERED PRICE ;  ( C ) DETAILS OF :  ( I ) THE COMMUNITY PRODUCER ' S PRICE LIST CHOSEN FOR CALCULATING THE DELIVERED PRICE , STATING THE DATE OF THE CHOSEN LIST ; OR  ( II ) WHERE APPROPRIATE , THE NON-MEMBER COUNTRY OFFER ON WHICH THE TERMS OF THE DELIVERY HAVE BEEN ALIGNED , GIVING DETAILS SUFFICIENT TO IDENTIFY THE OFFER , INCLUDING ITS DATE ; OR  ( III ) WHERE APPROPRIATE , OTHER PRICE , ( TO BE JUSTIFIED );  ( D ) THE DATE AND REFERENCE OF THE BILL OF LADING , IF AVAILABLE . '   2 . ARTICLE 2 ( 2 ) B IS REPLACED BY THE FOLLOWING :   ' B . FOR GOODS ORIGINATING IN ONE OF THE COUNTRIES LISTED IN ANNEX II , EXCEPT BRAZIL , AND FOR PIG IRON AND CAST IRON FALLING WITHIN HEADING NO 73.01 OF THE COMMON CUSTOMS TARIFF ORIGINATING IN BRAZIL , WHERE SUCH PRODUCTS ARE CONSIGNED FROM A NON-MEMBER COUNTRY OTHER THAN THE COUNTRY OF ORIGIN  ( INDIRECT IMPORTATION ), AND FOR GOODS ORIGINATING IN A NON-MEMBER COUNTRY NOT LISTED IN ANNEXES I OR II :  ( A ) A COMPLETE DESCRIPTION CORRESPONDING TO THAT APPEARING IN THE LIST OF PRODUCTS SUBJECT TO BASIC PRICES ( 1 );  ( B ) THE PRICE FREE AT COMMUNITY FRONTIER , CIF , DUTY-PAID AND UNLOADED , PER TONNE , IN THE CURRENCY OF THE CONTRACT .   ( 1 ) OJ NO L 344 , 31 . 12 . 1979 , P . 15 . '   3 . ARTICLE 3 ( 1 ) ( I ) IS REPLACED BY THE FOLLOWING :   ' ( I ) GOODS APPEARING IN ANNEX III A ORIGINATING IN ONE OF THE COUNTRIES LISTED IN ANNEX II , EXCEPT BRAZIL , AND PIG IRON AND CAST IRON FALLING WITHIN HEADING NO 73.01 OF THE COMMON CUSTOMS TARIFF ORIGINATING IN BRAZIL , BUT CONSIGNED FROM A NON-MEMBER COUNTRY OTHER THAN THE COUNTRY OF ORIGIN . '   4 . BRAZIL AND SOUTH KOREA ARE ADDED TO ANNEX II .   5 . IN ANNEX III A NIMEXE CODE 73.02-11 IS REPLACED BY NIMEXE CODES 73.02-01 AND 73.02-09 .   ARTICLE 2   THIS RECOMMENDATION SHALL APPLY FROM THE DATE OF ITS PUBLICATION IN THE OFFICIAL JOURNAL OF THE EUROPEAN COMMUNITIES AND SHALL APPLY UNTIL 31 DECEMBER 1981 .   ARTICLE 3   THIS RECOMMENDATION IS ADDRESSED TO THE MEMBER STATES .   DONE AT BRUSSELS , 3 JULY 1981 .   FOR THE COMMISSION   WILHELM HAFERKAMP   VICE-PRESIDENT


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32002H0287

Council Recommendation of 15 April 2002 on the appointment of the Vice-President of the Executive Board of the European Central Bank

Official Journal L 101 , 17/04/2002 P. 0017 - 0017

Council Recommendationof 15 April 2002on the appointment of the Vice-President of the Executive Board of the European Central Bank(2002/287/EC)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 112(2)(b) and Article 122(4) thereof, and to Article 11.2 and Article 43.3 of the Protocol on the Statute of the European System of Central Banks and of the European Central Bank,HEREBY RECOMMENDS:That Lucas D. PAPADEMOS be appointed Vice-President of the Executive Board of the European Central Bank for a term of office of eight years with effect from 1 June 2002.This recommendation shall be submitted for decision to the Heads of State or Government of the Member States which have adopted the euro, after consulting the European Parliament and the Governing Council of the European Central Bank.This recommendation shall be published in the Official Journal of the European Communities.Done at Luxembourg, 15 April 2002.For the CouncilThe PresidentJ. Piqué I Camps


                  1.7.2017

                  EN

                  Official Journal of the European Union

                  C 212/14

            Recommendation for a Decision of the European Parliament and of the Council amending Article 22 of the Statute of the European System of Central Banks and of the European Central Bank
      (ECB/2017/18)

         (presented by the European Central Bank)

      (2017/C 212/04)

         EXPLANATORY MEMORANDUM

      I.   INTRODUCTION
      On 4 March 2015, the General Court delivered its judgment in Case T-496/11 United Kingdom of Great Britain and Northern Ireland v European Central Bank
          (1). The General Court held that the European Central Bank (ECB) does not have the competence necessary to regulate the activity of clearing systems, including central counterparties (CCPs). For that reason, the General Court annulled the Eurosystem Oversight Policy Framework, published by the ECB on 5 July 2011, in so far as it set a requirement for CCPs to be located within a euro area Member State.
      However, the General Court noted that Article 129(3) of the Treaty on the Functioning of the European Union provides for a simplified amendment procedure in respect of certain articles of the Statute of the European System of Central Banks and of the European Central Bank (hereinafter the ‘Statute of the ESCB’). This enables the European Parliament and the Council, acting in accordance with the ordinary legislative procedure, and on a recommendation from the ECB or a proposal from the Commission, to amend Article 22 of the Statute of the ESCB. The General Court considered it would be for the ECB to request the European Union legislature to amend Article 22, should the ECB consider that having the power to regulate CCPs is necessary for the proper performance of the task referred to in the fourth indent of Article 127(2) of the Treaty.
      Significant developments at both global and European level are expected to increase the risks posed by clearing systems, in particular CCPs, to the smooth operation of payment systems and implementation of the single monetary policy, ultimately affecting the Eurosystem’s primary objective of maintaining price stability.
      In view of the above, the ECB submits the present recommendation for a Decision of the European Parliament and of the Council amending Article 22 of the Statute of the ESCB. In accordance with Article 40.3 of the Statute of the ESCB, the Governing Council has adopted the recommendation by unanimity. It will be published in the Official Journal of the European Union.
      II.   GENERAL CONSIDERATIONS
      Disturbances affecting CCPs can have an impact on the Eurosystem’s primary objective of maintaining price stability through several channels. First, such disturbances can affect the liquidity position of euro area credit institutions, potentially disrupting the smooth functioning of euro area payment systems. This could lead to increased demand for central bank liquidity and possible challenges in implementing the Eurosystem’s single monetary policy. Second, such disturbances can impair the functioning of financial market segments that are key for the transmission of monetary policy.
      In 2012, the European Parliament and the Council adopted Regulation (EU) No 648/2012 (2) setting out, inter alia, the regulatory and supervisory framework to ensure that CCPs are safe and sound and comply at all times with stringent organisational, business conduct and prudential requirements. This regulatory framework includes collective supervisory arrangements in the form of colleges, which provide for the involvement of the Eurosystem, including under situations of stress in which the stability of the currency may be at risk. Moreover, in the light of the growing systemic importance of CCPs, the European Commission has adopted a proposal for a Regulation on a framework for the recovery and resolution of CCPs (3).
      Significant developments at both global and European level are expected to increase the risks posed by clearing systems, in particular CCPs, to the smooth operation of payment systems and implementation of the single monetary policy, ultimately affecting the Eurosystem’s primary objective of maintaining price stability.
      First, the withdrawal of the United Kingdom from the European Union will have a major impact on the Eurosystem’s ability to carry out its tasks as central bank of issue for the euro. At present, CCPs established in the United Kingdom clear significant volumes of euro-denominated transactions: the estimated daily values of euro-denominated repos and open positions in euro-denominated interest rate swaps are respectively EUR 101 billion and EUR 33 trillion (around 99 % of the Union market) (4). Thus, a significant disturbance affecting a major UK CCP could lead to a severe decrease in liquidity within the euro area. The Eurosystem’s ability to monitor and manage the risks posed by UK CCPs will be adversely affected if UK CCPs are no longer subject to the regulatory and supervisory framework for Union CCPs under Regulation (EU) No 648/2012. Moreover, the current arrangements between the ECB and the Bank of England for information exchange and cooperation regarding UK CCPs with significant euro-denominated business build upon, but cannot replace, collective supervisory arrangements in the form of colleges established under Regulation (EU) No 648/2012. In the future, UK CCPs may instead be subject only to the regime applicable to third-country CCPs under that Regulation.
      Second, central clearing has become increasingly cross-border in nature and systemically important. At the September 2009 summit in Pittsburgh, G20 leaders agreed that all standardised OTC derivative contracts should be cleared through a CCP. This commitment was reaffirmed by the G20 leaders in June 2010, and implemented in the Union by Regulation (EU) No 648/2012. Moreover, the integration of Union financial markets has meant that CCPs have evolved from primarily serving domestic needs and markets to constituting critical infrastructures in Union financial markets. These developments have led to a dramatic increase in the scale and importance of CCPs in the Union and globally.
      Third, on 13 June 2017, the European Commission presented its legislative proposal to ensure financial stability and the safety and soundness of CCPs that are of systemic relevance for financial markets across the Union (5). The Commission’s proposal seeks to introduce more integrated supervision by the supervisors and responsibilities for the central bank of issue in order to support the development of deeper and better integrated capital markets. It also seeks to address the issues raised by the withdrawal of the United Kingdom from the Union and to ensure that CCPs playing a key systemic role for Union financial markets are subject to safeguards provided by the Union legal framework.
      In this context, in order to ensure that the Eurosystem as central bank of issue for the euro can carry out the role envisaged by the legislative proposal, it is of utmost importance that it has the relevant powers under the Treaty and the Statute of the ESCB. The Eurosystem should have the power to monitor and assess risks posed by CCPs clearing significant amounts of euro-denominated transactions. This should include, in particular, the regulatory powers to adopt binding assessments and require remedial action, in close cooperation with other Union authorities, in response to risks affecting the Eurosystem’s basic tasks and primary objective. Moreover, where necessary to protect the stability of the euro, the ECB should have the regulatory powers outside the framework of Regulation (EU) No 648/2012 to adopt additional requirements for CCPs involved in the clearing of significant amounts of euro-denominated transactions.
      In the light of the above, the ECB considers that the grant to it of the power to regulate clearing systems, in particular CCPs, is necessary for the proper performance of its basic tasks referred to in the first and fourth indents of Article 127(2) of the Treaty.

         Recommendation for a

            ‘DECISION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
            amending Article 22 of the Statute of the European System of Central Banks and of the European Central Bank
            THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
            Having regard to the Treaty on the Functioning of the European Union, and in particular Article 129(3) thereof,
            Having regard to the Statute of the European System of Central Banks and of the European Central Bank, and in particular Article 40.1 thereof,
            Having regard to the recommendation of the European Central Bank,
            Having regard to the opinion of the European Commission (*1),
            Acting in accordance with the ordinary legislative procedure,
            Whereas:

                        (1)

                        The basic tasks to be carried out through the European System of Central Banks (ESCB) include the definition and implementation of the monetary policy of the Union and the promotion of the smooth operation of payment systems. Safe and efficient financial market infrastructures, in particular clearing systems, are essential for the fulfilment of these basic tasks.

                        (2)

                        In order to achieve the objectives of the ESCB and to carry out its tasks, the European Central Bank (ECB) and national central banks may provide facilities, and the ECB may make regulations, to ensure efficient and sound clearing and payment systems within the Union and with other countries.

                        (3)

                        On 4 March 2015, the General Court delivered its judgment in United Kingdom v ECB, Case T-496/11 (6), which held that the ECB does not have the competence necessary to regulate the activity of clearing systems. The General Court stated that Article 129(3) of the Treaty enables the European Parliament and the Council, acting in accordance with the ordinary legislative procedure, and on a recommendation from the ECB, to amend Article 22 of the Statute of the European System of Central Banks and of the European Central Bank (hereinafter the ‘Statute of the ESCB’). The Court concluded that ‘it would be for the ECB, should it consider that the grant to it of a power to regulate infrastructures clearing transactions in securities is necessary for proper performance of the task referred to in the fourth indent of Article 127(2) TFEU, to request the EU legislature to amend Article 22 of the Statute, by the addition of an explicit reference to securities clearing systems.’

                        (4)

                        Significant developments at both global and European level are expected to increase the risk that disturbances affecting clearing systems, in particular central counterparties (CCPs), threaten the smooth operation of payment systems and implementation of the single monetary policy, ultimately affecting the Eurosystem’s primary objective of maintaining price stability.

                        (5)

                        On 29 March 2017, the United Kingdom of Great Britain and Northern Ireland notified the European Council of its intention to withdraw from the European Union. The withdrawal of the United Kingdom will lead to a fundamental change in how certain systemically important euro-denominated clearing activities are regulated, overseen and supervised, thereby adversely affecting the Eurosystem’s ability to monitor and manage risks to the smooth operation of payment systems, and implementation of the Eurosystem’s monetary policy.

                        (6)

                        Central clearing is becoming increasingly cross-border in nature and systemically important. Given their diverse membership and the pan-European nature of the financial services they provide, CCPs are of key importance to the Union as a whole, and in particular to the euro area. This is reflected in Regulation (EU) No 648/2012 of the European Parliament and of the Council (7), which establishes collective supervisory arrangements in the form of colleges, composed of the relevant national and Union authorities, including the Eurosystem in its role as central bank of issue for the euro.

                        (7)

                        In order to address these issues, on 13 June 2017 the Commission presented its legislative proposal to ensure financial stability and the safety and soundness of CCPs that are of systemic relevance for financial markets across the Union. In order to ensure that the Eurosystem as central bank of issue for the euro can carry out the role envisaged by the legislative proposal, it is of utmost importance that it has the relevant powers under the Treaty and the Statute of the ESCB. In particular, the Eurosystem should have regulatory powers to adopt binding assessments and require remedial action, in close cooperation with other Union authorities. Moreover, where necessary to protect the stability of the euro, the ECB should also have the regulatory powers to adopt additional requirements for CCPs involved in the clearing of significant amounts of euro-denominated transactions.

                        (8)

                        Article 22 of the Statute of the ESCB is part of Chapter IV ‘Monetary functions and operations of the ESCB’. The tasks conferred therein should accordingly only be used for monetary policy purposes.

                        (9)

                        For these reasons, the ECB should be granted regulatory competence over clearing systems, in particular CCPs, by means of an amendment to Article 22 of the Statute of the ESCB,

                  HAVE ADOPTED THIS DECISION:
            Article 1
            Article 22 of the Statute of the ESCB is replaced by the following:

               ‘Article 22
               Clearing systems and payment systems
               The ECB and national central banks may provide facilities, and the ECB may make regulations, to ensure efficient and sound clearing and payment systems, and clearing systems for financial instruments, within the Union and with other countries.’

            Article 2
            This decision shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.’

         Done at Frankfurt am Main, 22 June 2017.

               The President of the ECB

            Mario DRAGHI

         (1)  ECLI: EU:T:2015:133.

         (2)  Regulation (EU) No 648/2012 of the European Parliament and of the Council of 4 July 2012 on OTC derivatives, central counterparties and trade repositories (OJ L 201, 27.7.2012, p. 1).

         (3)  Proposal for a Regulation of the European Parliament and of the Council on a framework for the recovery and resolution of central counterparties and amending Regulations (EU) No 1095/2010, (EU) No 648/2012, and (EU) 2015/2365 (COM(2016) 856 final).

         (4)  LCH.Clearnet Ltd CPMI-IOSCO public quantitative disclosure information, January 2017.

         (5)  Proposal for a Regulation of the European Parliament and of the Council amending Regulation (EU) No 1095/2010 establishing a European Supervisory Authority (European Securities and Markets Authority) and amending Regulation (EU) No 648/2012 as regards the procedures and authorities involved for the authorisation of CCPs and requirements for the recognition of third-country CCPs (COM(2017) 331 final).

         (*1)  Not yet published in the Official Journal.

         (6)  ECLI: EU:T:2015:133.

         (7)  Regulation (EU) No 648/2012 of the European Parliament and of the Council of 4 July 2012 on OTC derivatives, central counterparties and trade repositories (OJ L 201, 27.7.2012, p. 1).