title: 2011/766/EU: Commission Recommendation of 22 November 2011 on the procedure for recognition of training centres and of examiners of train drivers in accordance with Directive 2007/59/EC of the European Parliament and of the Council  Text with EEA relevance

text:
               29.11.2011

               EN

               Official Journal of the European Union

               L 314/41

         COMMISSION RECOMMENDATION
   of 22 November 2011
   on the procedure for recognition of training centres and of examiners of train drivers in accordance with Directive 2007/59/EC of the European Parliament and of the Council
   (Text with EEA relevance)
   (2011/766/EU)
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 292 thereof,
   Whereas:

               (1)

               To achieve an appropriate and comparable level of quality of training and examinations of train drivers and train drivers candidates with a view to their certification in all Member States, it is recommended to use common conditions and procedures at Union level in regard to both the procedures of recognition of training centres and of examiners of train drivers and train drivers candidates, and also the qualitative requirements for the examination to be fulfilled.

               (2)

               Training and examinations should be performed in an appropriate manner and at a reasonable and comparable quality level in all Member States, to enable mutual acceptance of examinations.

               (3)

               The statement of recognition should indicate the areas of competence in which the training centre is recognised to provide training courses and in which areas the examiner is recognised to conduct examinations for train drivers. Within the limits of the areas of competence specified in the statement of recognition, the recognised training centre should be authorised to perform training courses and the recognised examiner should be authorised to perform examinations throughout the Union.

               (4)

               In regard to the general language competence of train drivers, the competent authority may not have the specific experience and competence required for the recognition of training centres and of examiners in regard to general language competence of train drivers. In this case, Member States may accept certificates of competence issued by training centres in line with the ‘European Framework for Language Competence’, established by the Council of Europe.

               (5)

               In some Member States examination centres are already established or will be established to organise examinations for train drivers. In this case, the Member State may delegate the task of recognition of examiners to the examination centre under specific national conditions,

         HAS ADOPTED THIS RECOMMENDATION:

      Subject matter

               1.

               This recommendation sets out recommended practices and procedures for the recognition of training centres providing professional training to train drivers and to train drivers candidates and for the recognition of examiners of train drivers and of train drivers candidates in accordance with Directive 2007/59/EC of the European Parliament and of the Council (1).

      Application for recognition of a training centre

               2.

               A training centre should submit a written application for recognition, its renewal or amendment to the competent authority of the Member State in which the training centre has or intends to have its principal place of operation, with the exception of the case referred to in point 6.

               3.

               Where a training centre consists of more than one legal entity, each of the legal entities should apply separately for recognition.

               4.

               Applications should include documents giving evidence of the fulfilment of the requirements laid down in Directive 2007/59/EC and in Commission Decision 765/2011 (2).

               5.

               Applications should specify the training tasks for which the applicant applies for a recognition. The application may refer to training tasks belonging to one or more areas of competence. It should be structured in line with the following areas of competence:

                           (a)

                           general professional knowledge in accordance with Annex IV to Directive 2007/59/EC;

                           (b)

                           professional knowledge relating to rolling stock in accordance with Annex V to Directive 2007/59/EC;

                           (c)

                           professional knowledge of infrastructure in accordance with Annex VI to Directive 2007/59/EC;

                           (d)

                           linguistic knowledge in accordance with Annex VI to Directive 2007/59/EC (general linguistic knowledge and/or specific communication and terminology for rail operations and safety procedures).

               6.

               A training centre which has its principal place of operation in another Member State than the Member State where an infrastructure is located, may be recognised by the competent authority of the Member State where the infrastructure is located.

               7.

               Where an applicant applying for recognition of training tasks related to infrastructure knowledge has been already recognised in accordance with this Recommendation and Decision 765/2011 by a competent authority of a Member State, the competent authorities of other Member States should limit their assessment to the requirements that are specific to the training on the infrastructure in question and should refrain from assessing aspects which were already assessed in the course of the previous recognition.

      Issue of statement of recognition of a training centre

               8.

               The competent authority should issue a statement of recognition not later than 2 months after receiving all necessary documents.

               9.

               The competent authority should make its decision on the application based on the applicant’s ability to demonstrate how independence, competence and impartiality are ensured.

               10.

               A statement of recognition should contain the following information:

                           (a)

                           name and address of the competent authority;

                           (b)

                           name and address of the training centre;

                           (c)

                           the training tasks for which the training centre is entitled to provide training courses in accordance with point 5;

                           (d)

                           identification number of the training centre provided in accordance with point 15;

                           (e)

                           date of expiry of the statement of recognition.

      Validity, amendment, renewal of statement of recognition of a training centre

               11.

               A statement of recognition of a training centre should be valid for 5 years. The competent authority may shorten the duration of validity regarding all or part of the training tasks specified in the statement of recognition in reasoned cases.

               12.

               A training centre holding a valid statement of recognition may at any time apply to extend the scope of training tasks. An amended statement of recognition should be issued based on the appropriate supplementing documents provided by the applicant. In this case the expiry date of the amended statement of recognition should not be affected.

               13.

               Where requirements for one or more training tasks specified on the statement of recognition are no longer fulfilled, the recognised training centre should immediately cease to provide training regarding the tasks concerned and inform in writing the competent authority which issued the statement of recognition. The competent authority should evaluate the information and issue an amended statement of recognition. In this case the expiry date of the statement of recognition should not be affected.

               14.

               A statement of recognition should be renewed on request of the training centre and should be issued under the same conditions as an initial statement of recognition. The competent authority may establish a simplified procedure where the conditions for recognition remain unchanged. Records of training activities performed during the previous 2 years should be submitted. Where the previous period of validity was shortened to less than 2 years in accordance with point 11, records for the whole period should be submitted.

      Register of training centres

               15.

               In the register referred to in Article 20(3) of Directive 2007/59/EC, each recognised training centre should be identified by an individual identification number. The identification number should be based on national provisions, however, it should include the short name of the Member State where the training centre is recognised.

               16.

               The register should contain at least the following information:

                           (a)

                           name and address of the recognised training centre;

                           (b)

                           the training tasks for which the training centre is recognised to provide training courses, referring to the relevant Annexes to Directive 2007/59/EC;

                           (c)

                           the identification number;

                           (d)

                           date of expiry of the statement of recognition;

                           (e)

                           contact information.

               17.

               In order to keep the register up-to-date, recognised training centres should inform the competent authority that issued the statement of recognition of any change concerning data published in the register. National provisions may require additional data to be stored in the register and information on change of those data.

      Suspension and withdrawal of recognition

               18.

               Where assessment or supervision activities performed by the competent authority or Member State in conformity with Articles 26, 27 or 29 of Directive 2007/59/EC provide evidence that a training centre fails to meet the requirements for recognition, the competent authority should withdraw or suspend the respective statement of recognition.

               19.

               If a competent authority finds that a training centre recognised by the competent authority of another Member State does not fulfil the obligations of Directive 2007/59/EC and of Decision 765/2011 they should inform the competent authority in the other Member State that issued the statement of recognition. The competent authority which issued the statement of recognition should check this information within 4 weeks and inform the requesting competent authority of the results of its checks and decisions.

               20.

               Where the competent authority finds that the training centre no longer meets the requirements for recognition, the competent authority should withdraw or suspend the statement of recognition.

      Appeal procedure

               21.

               The competent authority should promptly inform the training centre in writing of the reasons for its decisions.

               22.

               In case of suspension or withdrawal the competent authority should clearly inform the training centre regarding the requirements that are no longer fulfilled. The competent authority may, before suspension or withdrawal becomes effective, provide a notice period within which the training centre may adapt its practices in order to meet the requirements for recognition. It should inform the training centre of the appeal procedure set up to allow the training centre concerned to request a review of the decision.

               23.

               The competent authority should ensure that an administrative appeal procedure is set up to allow the training centre concerned to request a review of disputed decisions.

      Training centres providing language training

               24.

               In regard to the training on general language competence, a Member State may acknowledge the applicant as a training centre on the base of a certificate which confirms the competence of the applicant to provide training on general language. This competence should be in line with the principles and methodology of the ‘European Framework for Language Competence’ established by the Council of Europe (3). The Member State may lay down supplementary provisions to specify the use of this option taking into account national practice regarding the certification of all language training centres.

               25.

               In regard to the training on specific communication and terminology for rail operation and safety procedures, recognition in accordance with the provisions of this Recommendation should be required. Applications for recognition as a training centre providing training on specific communication and terminology for rail operation and safety procedures should be submitted to the competent authority of the Member State where the infrastructure, to which the communication and terminology refer, is located.

      Application for recognition as an examiner

               26.

               An applicant applying for recognition as an examiner should submit a written application to the competent authority of the Member State concerned.

               27.

               Where an application concerns recognition as an examiner for infrastructure knowledge, including route knowledge and operation rules, the competent authority of the Member State where the infrastructure is located is responsible for recognition.

               28.

               An application may also be submitted on behalf of the applicant by his or her employer.

               29.

               Applications should include documents giving evidence of the fulfilment of the requirements laid down in Directive 2007/59/EC and in Decision 765/2011.

               30.

               Applications should specify the area(s) of competence for which recognition as an examiner is applied for. The application may refer to one or more areas of competence. It should be structured in line with the following areas of competence:

                           (a)

                           general professional knowledge in accordance with Annex IV to Directive 2007/59/EC;

                           (b)

                           professional knowledge relating to rolling stock in accordance with Annex V to Directive 2007/59/EC;

                           (c)

                           professional knowledge relating to infrastructure in accordance with Annex VI to Directive 2007/59/EC;

                           (d)

                           linguistic knowledge in accordance with Annex VI to Directive 2007/59/EC (general linguistic knowledge and/or specific communication and terminology or rail operations and safety procedures).

      Issue of statement of recognition for an examiner

               31.

               The competent authority should evaluate all documents submitted by the applicant. Where all requirements are fulfilled it should issue a statement of recognition as soon as possible and not later than 2 months after receiving all necessary documents.

               32.

               A statement of recognition should contain at least the following information:

                           (a)

                           name and address of the competent authority;

                           (b)

                           name or names, address and date of birth of the applicant; the place of birth of the applicant may be included in the statement of recognition on an optional basis;

                           (c)

                           the area(s) of competence for which the examiner is entitled to perform examinations;

                           (d)

                           the languages in which the examiner is recognised to conduct examinations;

                           (e)

                           the identification number of the examiner provided in accordance with point 10(d);

                           (f)

                           date of expiry of the statement of recognition.

      Validity, amendment, renewal of statement of recognition for an examiner

               33.

               A statement of recognition of an examiner should be valid for 5 years. The competent authority may shorten the duration of validity regarding all or part of the competence areas specified on the statement of recognition in reasoned cases.

               34.

               The holder of a valid statement of recognition may at any time apply for amendment aiming to add area(s) of competence. An amended statement of recognition should be issued based on appropriate supplementing documents provided by the applicant. The expiry date of an amended statement of recognition should not be affected.

               35.

               In case of developments that require an amendment of the statement of recognition because requirements for one or more areas of competence specified on it are no longer fulfilled the recognised examiner should immediately cease conducting examinations in those areas of competence and inform in writing the competent authority. The competent authority should evaluate the information and issue an amended statement of recognition. The expiry date of an amended statement of recognition should not be affected.

               36.

               A statement of recognition should be renewed on request of the examiner and should be issued under the same conditions as an initial statement of recognition. The competent authority may establish a simplified procedure where the conditions for previous recognition have stayed unchanged. In any case examiners applying for renewal should submit records of the competence they have received during the previous period of validity and of examination activities performed during the last 2 years. Where the previous period of validity was shortened to less than 2 years in accordance with point 33, records of the whole period should be submitted respectively.

      Register of examiners

               37.

               In the register referred to in Article 20(3) of Directive 2007/59/EC, each examiner should be identified by an individual identification. The identification number should be based on national provisions; however, it should include the short name of the Member State where the examiner is recognised.

               38.

               The register should contain at least the following information:

                           (a)

                           name, address, date of birth of the recognised examiner;

                           (b)

                           the area(s) of competence for which the examiner is recognised to conduct examinations;

                           (c)

                           the language(s) in which the examiner is recognised to conduct examinations;

                           (d)

                           the identification number of the examiner provided in accordance with point 37;

                           (e)

                           where an employer applies on behalf of the examiner in accordance with point 28, the name and address of the employer (in other cases the name and address of an employer of the examiner may be included on an optional basis);

                           (f)

                           date of expiry of the statement of recognition;

                           (g)

                           contact information.

               39.

               In order to keep the register up-to-date, a recognised examiner or his or her employer should inform the authority that has issued the statement of recognition about any change concerning data contained in the register. National provisions may foresee additional data to be stored in the register and information on change regarding those data.

               40.

               Data referred to in point 38(a), (b) and (c) should be made publicly accessible. Other data listed in point 38 should be made public in accordance with national provisions on personal data protection.

      Suspension and withdrawal of recognition

               41.

               Where assessment or supervision activities performed by the competent authority in conformity with Articles 26, 27 or 29 of Directive 2007/59/EC give evidence that an examiner fails to meet the requirements for recognition, the competent authority should withdraw or suspend the statement of recognition.

               42.

               If a competent authority finds that an examiner recognised by the competent authority of another Member State does not satisfy one or more requirements of the Directive 2007/59/EC and of Decision 765/2011, they should inform the competent authority in the Member State that issued the statement of recognition and require the appropriate checks by this latter.

               43.

               If the competent authority of this latter Member State finds that the examiner no longer meets the requirements, it should withdraw or suspend the statement of recognition, promptly inform the examiner in writing of the reasons for its decisions and notify its decision to the competent authority which informed of the failure to meet the requirements.

      Appeal procedure

               44.

               The competent authority should promptly inform the examiner in writing of the reasons for its decisions.

               45.

               In case of suspension or withdrawal the competent authority should provide clear information on the requirements that are no longer fulfilled. The competent authority may, before suspension or withdrawal becomes effective, provide a notice period within which the examiner may adapt its practices in order to meet the requirements for recognition.

               46.

               The competent authority should ensure that an administrative appeal procedure is set up allowing applicants or examiners to request a review of disputed decisions.

      Examiners assessing language competence

               47.

               In regard to the examining of general language competence and to acknowledge the applicant as an examiner, a Member State may recognise the applicant on the basis of a certificate, issued in conformity with common practice on the language training sector. This certificate should confirm the competence of the applicant to conduct examinations in line with principles and methodology of the ‘European Framework for Language Competence’ established by the Council of Europe. The Member State may lay down supplementary provisions to specify the use of this option taking into account national practice regarding the certification of language competence of examiners.

               48.

               In regard to the examining of competence on specific communication and terminology for rail operation and safety procedures, recognition in accordance with the provisions of this Recommendation should be required. Applications for recognition as an examiner for the purpose of conducting examinations concerning specific communication and terminology for rail operation and safety procedures should be submitted to the competent authority of the Member State where the infrastructure, to which the communication and terminology refer, is located.

      Recognition of examination centres

               49.

               A Member State may decide to require recognition of examination centres on basis of a written application submitted to the competent authority.

               50.

               The competent authority should provide a statement of recognition of the examination centre following national provisions and procedures and on the basis of the criteria of independence, competence and impartiality. Points 26 to 48 should apply to recognition of examination centres.

               51.

               The competent authority could also delegate to these examination centres the recognition of its own examiners under the condition that they fulfil the requirements laid down in point 53.

               52.

               For the purpose of point 54 the examination centre should keep up-to-date a register of all examiners it has recognised. This register should provide the information referred to in point 38.

               53.

               The examination centre should provide appropriate measures to manage its examiners and to ensure that its examiners have the competences required in accordance with Directive 2007/59/EC and Decision 765/2011.

               54.

               Examiners should be allowed to conduct examinations only in the framework of activities of the examination centre to which they belong.

               55.

               The information on the recognised examination centre should be publicly accessible in the register provided for in point 38 without providing information on the individual examiners belonging to that examination centre. The name of the examination centre should be displayed instead of the identification number referred to in point 37.

               56.

               The competent authority should promptly inform the examination centre in writing of the reasons for its decisions.

               57.

               In case of suspension or withdrawal the competent authority should provide clear information on the requirements that are no longer fulfilled. The competent authority may, before suspension or withdrawal becomes effective, provide a notice period within which the examination centre may adapt its practices in order to meet the requirements for recognition.

               58.

               The competent authority should ensure that an administrative appeal procedure is set up allowing applicants or examination centres to request a review of disputed decisions.

      Transparent evaluation rules

               59.

               The evaluation and scoring principles and the type of results should be available before the examinations.

               60.

               Drivers or candidate drivers should be allowed to view the evaluation of examination results and to request a review in case of a reasoned negative opinion regarding the examinations they took.

      Quality checks and supervision by the competent authority

               61.

               In order to comply with their supervision activities in conformity with Articles 26, 27 or 29 of Directive 2007/59/EC, a competent authority may require:

                           (a)

                           access to all documents relevant for the preparation, conduction and evaluation of examinations;

                           (b)

                           the adoption of a reporting procedure requiring that certain information should be delivered regularly or on demand;

                           (c)

                           an observation of examinations by representatives of a competent authority.

      Done at Brussels, 22 November 2011.

            For the Commission

         Siim KALLAS

            Vice-President

      (1)  OJ L 315, 3.12.2007, p. 51.

      (2)  See page 36 of this Official Journal.

      (3)  Common European Framework of Reference for Languages: Learning, Teaching, Assessment, 2001 (Cambridge University Press for the English version — ISBN 0-521-00531-0). Also available on the Council of Europe website: http://www.coe.int/T/DG4/Portfolio/documents/Common%20European%20Framework%20hyperlinked.pdf


Avis juridique important

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31978H0624

78/624/EEC: Commission recommendation of 29 June 1978 concerning the general conditions for the application of the reference tariffs provided for in Article 4 (3) of Council Regulation (EEC) No 2831/77 on the fixing of rates for the carriage of goods by road between Member States

Official Journal L 202 , 26/07/1978 P. 0014 - 0017 Greek special edition: Chapter 07 Volume 1 P. 0075  Spanish special edition: Chapter 07 Volume 2 P. 0119  Portuguese special edition Chapter 07 Volume 2 P. 0119

COMMISSION RECOMMENDATION  of 29 June 1978  concerning the general conditions for the application of the reference tariffs provided for in Article 4 (3) of Council Regulation (EEC) No 2831/77 on the fixing of rates for the carriage of goods by road between Member States  (78/624/EEC)    THE COMMISSION OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community,  Having regard to Council Regulation (EEC) No 2831/77 of 12 December 1977 on the fixing of rates for the carriage of goods by road between Member States (1), and in particular Article 4 (3) thereof,  Having regard to the opinion of the Committee referred to in Article 16 of the said Regulation,  Whereas, in order to meet the objectives assigned to them in the said Regulation, the reference tariffs must promote the fixing of transport rates which correspond to the market situation and to the economic interests of those involved therein;  Whereas, in order to achieve this aim, reference tariffs must, in addition to the price schedules, include all the other rules necessary for calculating the transport rate, that is to say, the transport rate proper together with the associated costs;  Whereas these conditions for application, as an integral part of the reference tariffs, constitute only a recommendation for non-compulsory rules for calculating the transport rate,  MAKES THE FOLLOWING RECOMMENDATION:      Article 1 It is recommended that the road hauliers' professional organizations incorporate in the reference tariffs, within the meaning of Article 3 of Regulation (EEC) No 2831/77, the rules necessary for the calculation of transport rates (the transport rate proper and the associated costs), which are annexed hereto.   Article 2 The period of validity of this recommendation shall be the same as that of the abovementioned Regulation.   Article 3 This recommendation is addressed to the road hauliers' professional organizations in the Member States designated by the Governments of the Member States pursuant to the third subparagraph of Article 17 (1) of Regulation (EEC) No 2831/77.        Done at Brussels, 29 June 1978.  For the Commission  Richard BURKE  Member of the Commission  (1)OJ No L 334, 24.12.1977, p. 22.       GENERAL RULES FOR THE REFERENCE TARIFFS Article 1 Scope  1. The following provisions apply to the carriage of goods by road for hire and reward between Member States which, pursuant to Council Regulation (EEC) No 2831/77, is subject to a system of reference tariffs.  2. These provisions do not apply in the case of special tariffs governed by special rules.  Article 2 Definition of consignment  "Consignment" means a quantity of goods accepted by one carrier for one consignor at one loading point and carried in one trip in one vehicle for delivery to one consignee at one unloading point. Different points in the same industrial or commercial establishment are considered to be a single loading or unloading point.  Article 3 Transport rate  The transport rate agreed on the basis of the schedules constitutes full payment for:    (a) the transport operations proper as defined in Article 4;       (b) vehicle waiting time as defined in Article 5:      - during loading and unloading,           - at the customs and at frontier crossing points,           - en route.   Article 4 Delimitation of transport operations  1. The transport operations proper begin when the goods have been loaded onto the vehicle at the acceptance point and end when they are made available to the consignee of the goods, on the vehicle, at the unloading point.  2. Should other operations be agreed upon, such as the loading or unloading of goods by the carrier, these operations are paid for in addition to the transport rate.  Article 5 Waiting time  1. Waiting time, covered by the transport rate, begins at the moment when the vehicle is ready at the loading or unloading point and ends when the vehicle has been loaded and unloaded and the transport documents have been surrendered.  Waiting time for loading or unloading is 12 minutes per tonne or part of a tonne in gross weight. The minimum waiting time is 90 minutes per consignment.  If the vehicle is not presented early enough for it to be loaded or unloaded according to the waiting times fixed above, by 6 p.m. or by the time works stops, waiting time is not counted between 6 p.m. or, when work has stopped, one hour before 6 p.m. if the carrier was so informed before transport was effected, and 8 a.m. of the next working day.  Sundays and legal holidays in the country where the vehicle is parked at that time are not considered as working days (nor are any other weekdays on which the premises of the consignor or consignee are closed, if the carrier was so informed before transport was effected).  When waiting time is exceeded and if the cause is attributable to the consignor, the additional waiting time is paid as an extra to the carriage charge, in accordance with the provisions of the tariffs.  2. Waiting time at customs or at frontiers, in so far as it concerns the carriage of the same consignment, as well as waiting time en route in so far as it is due to the client are covered by the transport rates up to a maximum of five hours for each consignment.  Article 6 Basic rules for the calculation of transport rates  1. The transport rate is calculated separately for each consignment.   2. The following factors are to be taken as the basis for the calculation of transport rates according to the tariff schedules:        (a) the weight of the consignment;               (b) the weight class of the consignment;               (c) the tariff distance;               (d) the class of the goods.   Article 7 Weight of the consignment  1. The weight of the consignment taken as the basis for the calculation of the transport rate is the gross weight of the consignment including packaging, tackle and pallets, rounded up to the nearest 100 kg.  2. Where the goods weigh less than 300 kg per cubic metre, the weight of the consignment in kilograms is determined, before rounding off, by multiplying the number of cubic metres which it occupies by 300 but without exceeding the carrying capacity of the vehicle used.  3. Where the consignor insists on the exclusive use of a vehicle or insists on a specific vehicle and the load does not occupy the full capacity of the vehicle, the weight of the consignment is the carrying capacity of the vehicle.  Article 8 Weight classes  1. The schedules are differentiated into several weight classes, to which corresponds each time a minimum weight.  2. Where the weight of the consignment falls between two weight classes, the rate is calculated according to the lower weight class, unless the application of the higher class corresponding to its minimum weight produces a lower rate.  Article 9 Tariff distance  1. The tariff distance is the distance between the loading point and the unloading point stated in the consignment note calculated in accordance with the tables of distance, with the exception of any sea crossing.  2. The tariff distance is to be calculated via the frontier crossing point or points stated in the consignment note. If no frontier crossing point is stated in the consignment note, or if the frontier crossing point or points cannot be used, the frontier crossing point or points to be taken into consideration in calculating the transport rate should be that or those which can actually be used and which provide the shortest tariff distance.  3. Where a particular itinerary is agreed upon, the tariff distance is to be calculated for that route.  4. Where, at the request of the consignor or of the consignee, the destination is changed before the goods are unloaded, the tariff distance is to be calculated according to the route actually taken.  Article 10 Classes of goods  The goods are to be divided into several classes ; this classification forms an integral part of the reference tariffs.  Article 11 Consignments consisting of different goods    1. Where a consignment consists of goods falling within different classes of goods and the weights of the goods in each class are not shown separately in the consignment note, the transport rate for the consignment as a whole is to be calculated by reference to the highest class within which the goods making up the consignment fall.   2. Where a consignment consists of goods falling within different classes and the weight of goods in each class is shown separately, the transport rate is to be calculated by applying to the weight of each item of goods the schedules for the total weight of the consignment, in each of the classes in question.   If it is to the advantage of the client, the transport rate for several goods making up a consignment may be calculated by reference to schedules for a weight class which exceeds the total weight of the consignment. In this case, the shadow weight required to reach the highest weight class is to be added to the weight of the preponderant goods, or, where weights are equal, to that of the goods falling within the higher class of goods.   For the purpose of applying these provisions, the weight of packaging, tackle and pallets is to be added to the weight of the goods for which they are used or to which they are attached.    Article 12   Carriage by temperature-controlled vehicles   For carriage by isolated, refrigerated, mechanically refrigerated or heated vehicle, the transport rate is to be increased according to the rules laid down in the tariffs.      Article 13   Consolidated loads   1. Where several consignments for a single consignor are carried on one journey in one vehicle, the transport rate is to be calculated by way of derogation from Articles 7 and 9, for each consignment according to the total transport distance between the first loading point and the last unloading point via all intermediate loading or unloading points and according to the schedule for the total weight of the consignment.    For each additional loading point or unloading point the transport rate is increased by a sum fixed by the tariffs.   2. These provisions apply unless application of the other rules would give a lower rate.    Article 14   Contracts with agents   Where the contract of carriage is between a carrier and an agent, the transport rate is to be reduced according to the rules laid down in the tariffs.    Article 15   Roll-on/roll-off transport   Where a road vehicle is carried by sea for part of the journey, the transport rate is to be calculated by adding to the rates for the inland portions of the journey obtained by applying the foregoing provisions:   - a sum corresponding to the sea-freight charge paid by the carrier,   - a surcharge to cover those waiting costs of the road vehicle and its crew which concern the sea journey, to be calculated in accordance with the rules laid down in the tariffs.    Article 16   Special expenditure   Over and above payment for transport operations, reimbursement is to be made for charges or tolls of whatsoever kind relating to carriage and for other expenses arising en route, where the latter are chargeable to the consignor.    Article 17   Journeys made unladen   Compensation may be agreed upon for journeys made unladen which are chargeable to the consignor and are not followed by loading.


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

text:
               9.8.2017

               EN

               Official Journal of the European Union

               C 261/88

         COUNCIL RECOMMENDATION
   of 11 July 2017
   on the 2017 National Reform Programme of Poland and delivering a Council opinion on the 2017 Convergence Programme of Poland
   (2017/C 261/20)
   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 Poland as one of the Member States for which an in-depth review would be carried out.

               (2)

               The 2017 country report for Poland was published on 22 February 2017. It assessed Poland’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 Poland’s progress towards its national Europe 2020 targets.

               (3)

               On 28 April 2017, Poland 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)

               Poland is currently in the preventive arm of the Stability and Growth Pact. In its 2017 Convergence Programme, the Government plans a gradual improvement of the headline balance from a deficit of 2,4 % of GDP in 2016 to 1,2 % of GDP in 2020. The medium-term budgetary objective, a deficit of 1 % of GDP in structural terms, is not expected to be reached by 2020, i.e. the programme horizon. According to the 2017 Convergence Programme, the general government debt-to-GDP ratio is expected to increase from 54,4 % of GDP in 2016 to 55,3 % of GDP in 2017 and to decline to 52,1 % by 2020. The macroeconomic scenario underpinning those budgetary projections is favourable.

               (6)

               On 12 July 2016, for 2017, the Council recommended Poland to achieve an annual fiscal adjustment of 0,5 % of GDP towards the medium-term budgetary objective. Based on the Commission 2017 spring forecast, there is a risk of some deviation from that recommended adjustment in 2017.

               (7)

               In 2018, in light of its fiscal situation, Poland is expected to further adjust towards its medium-term budgetary objective of a structural deficit of 1 % of GDP. According to the commonly agreed adjustment matrix under the Stability and Growth Pact, that adjustment translates into a requirement of a nominal growth rate of net primary government expenditure (4) that does not exceed 3,7 % in 2018. It would correspond to a structural adjustment of 0,5 % of GDP. Under unchanged policies, there is a risk of a significant deviation from that requirement in 2018. Overall, the Council is of the opinion that Poland needs to stand ready to take further measures in 2017 and that further measures will be needed in 2018 to comply with the provisions of the Stability and Growth Pact. However, as foreseen in Regulation (EC) No 1466/97, the assessment of the budgetary plans and outcomes should take account of the Member State’s budgetary balance in light of the cyclical conditions. As recalled in the Commission Communication on the 2017 European Semester accompanying these country-specific recommendations, the assessment of 2018 budget outcomes will need to take due account of the goal to achieve a fiscal stance that contributes to both strengthening the ongoing recovery and ensuring the sustainability of Poland’s public finances. In that context, the Council notes that the Commission intends to carry out an overall assessment in line with Regulation (EC) No 1466/97, in particular in light of the cyclical situation of Poland.

               (8)

               The 2017 country report finds that some progress was made in improving tax collection, as Poland undertook a number of reforms aimed at tightening the tax system. Their full impact on tax collection and the costs of tax compliance should be closely monitored. In contrast, Poland made no progress in limiting the extensive use of reduced VAT rates, which have an adverse impact on VAT revenue and are not an effective social policy instrument.

               (9)

               Poland faces expenditure pressures in various areas, in particular those related to population ageing. This makes it necessary to put mechanisms in place to assess the efficiency and effectiveness of public spending to enable the reallocation of resources. With this in mind, the Government has announced plans to strengthen the budgetary process, in particular with regard to the medium-term budgetary framework and incorporating spending reviews into the budgetary process. Poland is the only Member State without a fully-fledged independent fiscal council and with no known plans to create one, even though it has independent fiscal institutions covering some of its functions.

               (10)

               A decrease in the working-age population in Poland is expected to limit growth potential in the decades to come. The performance of the Polish labour market has been strong in recent years. Employment rates have continued to increase, but several recent policy measures may reduce labour force participation, especially that of women, the low-skilled and older people. Lowering the statutory retirement age in late 2017 is expected to encourage some older workers to exit the labour force. The Polish social protection system provides only limited incentives to take up work. The new child benefit is expected to reduce poverty and inequality, but it may also have a negative effect on the labour market participation of parents, mostly women. The size of the child allowance and limited means-testing offsets work incentives built into other social benefits. The obligation to attend pre-school for 5-year-olds was removed as of September 2016 and formal childcare enrolment for children under the age of three remains among the lowest in the Union. Despite measures taken, labour market segmentation continues to be high, with negative effects on productivity and the accumulation of human capital. Obstacles to wider use of permanent contracts remain. The codification committee is preparing new draft individual and collective labour codes. This is an opportunity to address these obstacles.

               (11)

               The average effective retirement age has increased in recent years, but it remains too low. A higher effective retirement age is crucial for economic growth, the adequacy of future pensions and the fiscal sustainability of the pension system. However, the recent decision to lower the statutory retirement age to 60 for women and 65 for men goes in the opposite direction and may negatively affect the effective retirement age. The costly special social insurance system for farmers (KRUS) is another reason for low labour mobility and hidden unemployment in agriculture.

               (12)

               The education system has significantly improved over the last two decades, with the basic skills of 15-year-olds well above the Union average and one of the lowest early school leaving rates in the Union. Nevertheless, there is still room to improve the way pupils are equipped with skills that are adequate for the rapidly changing labour market. The forthcoming changes concerning primary and secondary education give rise to major organisational challenges and shorten the period of general education, which may have a negative impact on educational equality. Additional changes to adapt vocational education and training to labour market needs have also been announced, but their potential to address existing shortcomings remains to be seen. The Government has launched consultations on the higher education reform to improve the performance of the sector and its labour market relevance. Poland features insufficient participation in adult learning and the average level of older adults’ basic skills is low, hampering their employability.

               (13)

               Weaknesses in spatial planning increase the administrative burden related to the need for construction permits. Land-use plans cover a limited part of Poland’s territory and are often of low quality. In areas without them, construction permits are granted on the basis of one-off administrative decisions on land development, which create risk and uncertainty for investors. The draft Construction Code aims at consolidating spatial planning processes and easing the administrative burden for investors. The reform offers the chance to improve matters, depending on the final version of the law and its implementation.

               (14)

               The business environment is generally favourable. However in 2016, investment activity declined significantly due to less use of the Union structural funds, resulting, inter alia, from the transition between programming periods, and increased uncertainty among private investors. Furthermore, business confidence was affected by the increase in the number of regulatory changes and limited public consultations on a number of key laws. Legal certainty and trust in the quality and predictability of regulatory, tax and other policies and institutions are important factors that could allow an increase in the investment rate. The rule of law and an independent judiciary are also essential in this context. Addressing serious concerns related to the rule of law will help improve legal certainty.With the Government aiming to increase its role in the economy, ensuring the economic viability of investment decisions will be important. There continues to be a significant regulatory burden in several areas.

               (15)

               The road network has developed rapidly thanks to Union funding, but the road fatality rate is still among the highest in the Union, resulting in high social costs. Despite the availability of significant Union funds, the railway sector continues to face major bottlenecks in project implementation. There also remains the challenge of ensuring the long lifetime of railway assets, given a missing multiannual railway infrastructure maintenance programme.

               (16)

               Around 60 % of Poland’s installed fossil fuels capacity is older than 30 years. It therefore requires significant investment in the coming years. In 2016, the electricity interconnection level was among the lowest in the EU. Together with a significant amount of capacities to be decommissioned and increasing electricity demand, this contributes to the poor outlook in terms of ensuring power generation adequacy. Achievement of the binding national 2020 target for renewable energy is at risk. Following the launch of the liquefied natural gas terminal, Poland has significantly improved the security of its gas supply. It has also developed its national gas transmission and distribution network. However, the work on regionally important gas interconnectors has not advanced according to schedule.

               (17)

               In the context of the 2017 European Semester, the Commission has carried out a comprehensive analysis of Poland’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 Poland in previous years. It has taken into account not only their relevance for sustainable fiscal and socioeconomic policy in Poland, 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.

               (18)

               In the light of this assessment, the Council has examined the 2017 Convergence Programme and its opinion (5) is reflected in particular in recommendation (1) below,

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

               1.

               Pursue a substantial fiscal effort in 2018, in line with the requirements of the preventive arm of the Stability and Growth Pact, taking into account the need to strengthen the ongoing recovery and to ensure the sustainability of Poland’s public finances. Take steps to improve the efficiency of public spending and limit the use of reduced VAT rates.

               2.

               Take steps to increase labour market participation, in particular for women, the low-qualified and older people, including by fostering adequate skills and removing obstacles to more permanent types of employment. Ensure the sustainability and adequacy of the pension system by taking measures to increase the effective retirement age and by starting to reform the preferential pension arrangements.

               3.

               Take measures to remove barriers to investment, particularly in the transport 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).

      (4)  Net government expenditure comprises total government expenditure excluding interest expenditure, expenditure on Union programmes fully matched by Union funds revenue and non-discretionary changes in unemployment benefit expenditure. Nationally financed gross fixed capital formation is smoothed over a 4-year period. Discretionary revenue measures or revenue increases mandated by law are factored in. One-off measures on both the revenue and expenditure sides are netted out.

      (5)  Under Article 9(2) of Regulation (EC) No 1466/97.


title: Recommendation of the European Central Bank of 10 June 2015 to the Council of the European Union on the external auditors of Banka Slovenije (ECB/2015/23)

text:
               18.6.2015

               EN

               Official Journal of the European Union

               C 201/1

         RECOMMENDATION OF THE EUROPEAN CENTRAL BANK
   of 10 June 2015
   to the Council of the European Union on the external auditors of Banka Slovenije
   (ECB/2015/23)
   (2015/C 201/01)
   THE GOVERNING COUNCIL OF THE EUROPEAN CENTRAL BANK,
   Having regard to the Statute of the European System of Central Banks and of the European Central Bank, and in particular Article 27.1 thereof,
   Whereas:

               (1)

               The accounts of the European Central Bank (ECB) and national central banks of the Member States whose currency is the euro are audited by independent external auditors recommended by the ECB’s Governing Council and approved by the Council of the European Union.

               (2)

               The mandate of Banka Slovenije’s current external auditors, Deloitte Revizija d.o.o., ended following the audit for the financial year 2014. It is therefore necessary to appoint external auditors from the financial year 2015.

               (3)

               Banka Slovenije has selected Ernst & Young d.o.o. as its external auditors for the financial years 2015 to 2017,

         HAS ADOPTED THIS RECOMMENDATION:
   It is recommended that Ernst & Young d.o.o. should be appointed as the external auditors of Banka Slovenije for the financial years 2015 to 2017.

      Done at Frankfurt am Main, 10 June 2015.

            The President of the ECB

         Mario DRAGHI


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31978H0482

78/482/EEC: Commission Recommendation of 12 May 1978 to the Government of Ireland regarding draft Regulations implementing Council Directive 74/561/EEC on admission to the occupation of road haulage operator in national and international transport operations

Official Journal L 152 , 08/06/1978 P. 0024 - 0026

COMMISSION RECOMMENDATION of 12 May 1978 to the Government of Ireland regarding draft Regulations implementing Council Directive 74/561/EEC on admission to the occupation of road haulage operator in national and international transport operations (78/482/EEC) Under cover of a letter dated 22 July 1977, the Office of the Irish Permanent Representative to the European Communities forwarded to the Commission, for consultation purposes, the text of draft Regulations implementing Council Directive 74/561/EEC of 12 November 1974 on admission to the occupation of road haulage operator in national and international transport operations (1).  This notification was made pursuant to Article 7 (1) of that Directive.  The Commission regrets the tardy notification of the implementing measures : not only has the Irish Government thereby exceeded the time limit for fulfilling the obligations incumbent upon it under Article 7 of Directive 74/561/EEC but also it has made it impossible for the Commission to adopt this recommendation in good time.  The Commission makes the following recommendation regarding the draft Regulations:    1. The Commission notes that the Irish Government's draft Regulations satisfy in principle the provisions of the Community Directive as regards admission to the occupation of road haulage operator, subject to approval of the implementing measures which have yet to be taken and to the following amendments to be made to them.       2. Regulation 3 (1) of the draft Regulations prohibits any person engaged in the occupation of road haulage operator from carrying goods unless he is the holder of a national or international road freight certificate. This Regulation therefore covers only "persons", a term which is not defined any further, and does not include undertakings.  The Irish Government has explained that in its national legislation the term "person" covers both natural and legal persons.  However, in view of the definition of the term "undertakings" contained in the second subparagraph of Article 1 (2) of the Community Directive, which covers associations, groups and bodies, some of which may not fall within the categories of natural and legal persons, the Commission recommends that the Irish Government provide expressly that the provisions of the proposed Regulations apply to the admission of both persons and undertakings to the occupation of road haulage operator.       3. The Commission also notes that Regulation 3 (2) of the draft Regulations exempts certain categories of transport operation from the application of Regulation 3 (1) (the possession of a road freight certificate constituting proof of satisfaction of the conditions of good repute, financial standing and professional competence).  However, Article 2 of the Directive does not provide for the possibility of exemption for certain types of transport operation, but for natural persons or undertakings engaged exclusively in certain transport operations.  The Commission therefore recommends, in the interests of clarity, that Regulation 3 (2) of the draft Regulations be amended to ensure compliance with Article 2 of the Directive.       4. The Commission also notes that Regulation 3 (2) of the draft Regulations exempts certain categories of transport operation from the requirement of possession of a road freight certificate. These include the following cases:      (a) the carriage is by means of a lorry or tractor which complies with the conditions specified in section 7 (1) of the Road Transport Act 1935 (No 23 of 1935), as amended by section 29 of the Transport Act 1958 (No 19 of 1958), and which is used in the course of international transport;           (b) the carriage of cattle, sheep or pigs within the State.             The Commission considers that the transport operations referred to under (a) fall within the scope of the Directive, since they do not fall in the categories of transport operation exempted by Article 2 of the Directive (transport operations having only a minor impact on the transport market because of the nature of the goods carried or the short distance involved).  (1) OJ No L 308, 19.11.1974, p. 18.  As regards the transport operations referred to under (b) (the carriage of cattle, sheep or pigs within the State), the Commission believes, first, that they can be excluded from the scope of the Directive only if the operators concerned are engaged exclusively in this type of transport operation (e.g. they use vehicles which are built and equipped permanently for this purpose) ; and secondly that they can be regarded as having a minor impact on the transport market in question only if they are effected over short distances.  As regards the other exemptions provided for in Regulation 3 (2) of the draft Regulations (the carriage of turf and milk - subparagraphs (iii), (iv) and (v) of Regulation 3 (2) (b) - and farm-to-farm transport operations - Regulation 3 (2) (d)), the Commission has no objections to these, provided that the condition of exclusive engagement in such transport operations laid down in Article 2 of the Community Directive is fulfilled.  The Commission therefore recommends that Regulation 3 (2) of the draft Regulations be amended in the light of these comments.       5. On the principle of good repute, the Commission notes that Article 3 (2) of the Directive states that, pending coordination at a later date, each Member State shall determine the provisions relating to good repute which must be satisfied by the applicant.  The Commission, however, considers the provisions of the draft Regulations, in particular paragraphs (9) and (11) of Regulation 5, are unclear and incomplete.  In the interests of clarity, the Commission requests the Irish Government to incorporate new provisions in the draft Regulations defining the conditions regarding good repute which must be satisfied.       6. Paragraphs (1) and (2) of Regulation 8 of the draft Regulations grant temporary permission to carry on a road transport business in the event of the death or illness of the holder of a road freight certificate.  The Commission considers that these provisions do not fully meet the requirements of Article 4 (1) of the Community Directive because:      (a) the draft Regulations do not define the conditions under which a business can continue to be run;           (b) they refer only to death and incapacity caused by ill-health, but do not mention legal incapacity.             The Commission therefore recommends that the Irish Government amend paragraphs (1) and (2) of Regulation 8 of the draft Regulations to satisfy the requirements of Article 4 (1) of the Community Directive.       7. Regulation 13 (4) of the draft Regulations provides that a certificate of professional competence may be granted by the Minister to any applicant if he holds:      (a) a Chartered Institute of Transport intermediate or final examination pass ; or           (b) a university degree or other third level qualification which has called for a study of transport ; or           (c) any other qualification which the Minister is satisfied is equivalent to one of the qualifications referred to above.             The Commission notes that Article 3 (4) of the Community Directive allows Member States to exempt the applicant from having to furnish proof of professional competence if he holds certain advanced diplomas or technical diplomas implying sound knowledge of the subjects listed in the Annex to the Directive. This provision implies that Member States which decide to make use of this option must establish exactly which diplomas may justify the exemption in question.  Accordingly, the provision which leaves it to the Minister's discretion to decide whether a professional qualification is equivalent to that called for in the Community Directive is not compatible with Article 3 (4) of the Directive, and should therefore be deleted.       8. Subparagraph (a) of Regulation 13 (5) of the draft Regulations states : "Where a person satisfies the Minister that he holds a qualification and that the holding of such a qualification implies that the holder thereof has a knowledge sufficient for the purposes of these Regulations of one or more of the subjects listed in the Annex to the Directive, the Minister may grant to the person an exemption as regards that subject or subjects."  This partial exemption from the requirement to furnish proof of knowledge of one or more subjects does not comply with Article 3 (4) of the Directive, which provides : "Member States may exempt from the  application of these provisions the holders of certain advanced diplomas or technical diplomas implying sound knowledge of the subjects listed in the Annex."  The Commission therefore recommends that subparagraph (a) of Regulation 13 (5) of the draft Regulations be amended to ensure compliance with Article 3 (4) of the Directive.  Done at Brussels, 12 May 1978.  For the Commission  Richard BURKE  Member of the Commission


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31983H0403

83/403/EEC: Commission recommendation of 29 July 1983 to the Hellenic Republic concerning the adjustment of State monopolies of a commercial character within the meaning of Article 37 (1) of the EEC Treaty (Only the Greek text is authentic)

Official Journal L 233 , 24/08/1983 P. 0029 - 0030

*****COMMISSION  RECOMMENDATION  of 29 July 1983  to the Hellenic Republic concerning the adjustment of State monopolies of a commercial character within the meaning of Article 37 (1) of the EEC Treaty  (Only the Greek text is authentic)  (83/403/EEC)  I. The Hellenic Republic, by virtue of the first paragraph of Article 40 (1) of the Act of Accession, is bound to adjust progressively, from 1 January 1981, State monopolies of a commercial character within the meaning of Article 37 (1) of the EEC Treaty so as to ensure that by 31 December 1985 no discrimination regarding the conditions under which goods are procured and marketed exists between nationals of the Member States.  The second paragraph of Article 40 (1) provides, moreover, that the present Member States shall have equivalent obligations in relation to the Hellenic Republic. In the other Member States, however, no product forms the subject of a commercial monopoly in relation to Greece.  Under the third paragraph of Article 40 (1), the Commission is required, from 1981 onwards, to make recommendations to the Hellenic Republic as to the manner in which and the timetable according to which the adjustments provided for in the first paragraph must be carried out.  In accordance with Article 37 (3) of the EEC Treaty, the timetable for the measures referred to must be harmonized with the abolition of quantitative restrictions on the same products provided for in Articles 30 to 34. This provision is applicable by virtue of Article 1 (3) of the Treaty of Accession.  II. Article 35 of the Act of Accession provides that quantitative restrictions shall be abolished from the date of accession, with the exception of certain products referred to in in Article 36 and listed in Annex III to the Act in respect of which initial import quotas were fixed. As regards the rate of abolition of the quantitative restrictions on imports of such products from the other Member States, Article 36 (3) of the Act provides during the transitional period for a minimum rate of progressive increase of 25 % at the beginning of each year for quotas expressed in units of account and 20 % at the beginning of each year for quotas expressed in terms of volume.  However, none of the products which in Greece form the subject of a monopoly within the meaning of Article 37 of the EEC Treaty is listed in Annex III, with the result that no initial quota was fixed for such products. In order to determine the rate of progressive abolition of the existing quantitative restrictions in this area, therefore, the Commission considers it necessary to refer to the criteria laid down in Article 33 of the EEC Treaty, while taking into account the more limited transitional period allowed to Greece. Article 33 provides for a transitional period of 12 years and the fixing of an initial quota equal to not less than 3 % of the national production, with the provision that the initial quota must not be less than the bilateral quotas open to the other Member States at the time of the entry into force of the Treaty of Accession. The quota had to be raised to 5 % at the end of the third year and to not less than 20 % at the end of the 10th year.  III. In view of the shorter transitional period laid down in Article 40 (1) of the Act of Accession, expiring on 31 December 1985, and the period which has already elapsed, the Commission considers that the quota to be opened by Greece for 1983 should be equal to not less than 6 % of national production and, where there is no national production, to not less than 6 % of national consumption. For the two remaining years, it considers that quotas of 9 % and 15 % respectively would be fair.  IV. For these reasons and subject to the position the Commission may subsequently adopt in the light of the results of applying this recommendation, the Commission hereby recommends to the Hellenic Republic by virtue of the third subparagraph of Article 40 (1) of the Act of Accession:  1. That it should open for each of the producers subject in Greece to a State monopoly of a commercial character a quota equal:  - for the remaining period of 1983, to not less than 6 % of the corresponding national production or consumption in the year 1982, - for the year 1984, to not less than 9 % of national production or consumption in the year 1983,  - for the year 1985, to not less than 15 % of national production or consumption in the year 1984,  it being understood that, after 31 December 1985 at the latest, no further quantitative restriction will be permissible.  The quotas shall be open to any person importing products into Greece, and the products imported under these quotas may not be made subject to any exclusive marketing rights in Greece.  2. That it should inform all interested parties through the appropriate channels, and in particular by publication in the Official Gazette of the Hellenic Republic of a notification to importers, of the possibilities available to them under the abovementioned quotas of procuring the products referred to below in the other Member States.  The following products, listed in order of their Common Customs Tariff headings, are covered by this recommendation:  1. Salt (25.01 A II b))  2. Sulphur (ex 25.03)  3. Crude petroleum oils (27.09)  4. Motor gasoline (ex 27.10 A III)  5. Motor gasoline (super) (ex 27.10 A III)  6. Illuminating kerosene (ex 27.10 B III)  7. Gas oils (ex 27.10 C I)  8. Fuel oils (ex 27.10 C II)  9. Potassium sulphate (ex 28.38 A II)  10. Dulcin (artificial sweetener) (ex 29.25 B I)  11. Matches (36.06)  12. Playing cards (97.04 A)  Done at Brussels, 29 July 1983.  For the Commission  Frans ANDRIESSEN  Member of the Commission


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31983K0259

Commission Recommendation No 259/83/ECSC of 27 January 1983 imposing a definitive anti-dumping duty on broad- flanged beams originating in Spain

Official Journal L 030 , 01/02/1983 P. 0061 - 0064

*****COMMISSION  RECOMMENDATION No 259/83/ECSC  of 27 January 1983  imposing a definitive anti-dumping duty on broad-flanged beams originating in Spain  THE COMMISSION OF THE EUROPEAN  COMMUNITIES,  Having regard to the Treaty establishing the European Coal and Steel Community,  Having regard to Commission recommendation No 3018/79/ECSC of 21 December 1979 on protection against dumped or subsidized imports from countries not members of the European Coal and Steel Community (1), as last amended by recommendation No 3025/82/ECSC (2), and in particular Article 12 thereof,  After consultations within the Advisory Committee provided for by the said recommendation,  Whereas in July 1982 the Commission received a complaint, lodged by the Walzstahl-Vereinigung, Duesseldorf, on behalf of almost all Community producers of broad-flanged beams;  Whereas, since the complaint provided sufficient evidence of dumping in respect of the like product originating in Spain and of material injury resulting therefrom, the Commission accordingly announced, by a notice published in the Official Journal of the European Communities (3), the initiation of a proceeding concerning imports of broad-flanged beams originating in Spain and commenced an investigation of the matter at Community level;  Whereas, for its preliminary determination of dumping, the Commission compared the prices of imports into the Community of broad-flanged beams originating in Spain with the basic prices published for these products by the Commission; whereas, in addition, on the basis of the evidence available to it at that time the Commission reached the conclusion that these dumped imports were causing or threatening to cause injury to a Community industry; whereas the Commission, therefore, by recommendation No 2242/82/ECSC (4), imposed a provisional anti-dumping duty on imports of broad-flanged beams originating in Spain;  Whereas this duty was equal to the amount by which the prices of imports of the products concerned were lower than the basic prices published by the Commission but not less than the difference which had been established between these basic prices and the prices shown in the applications for licences to import the products concerned into the Federal Republic of Germany during the first six months of 1982; whereas, subsequently, the Commission found that in the period January to July 1982 the difference between the actual prices of these imports, cif German border, duty paid, was significantly greater than the minimum amount of the provisional duty in force; whereas the Commission, therefore, by recommendation No 3024/82/ECSC (5), amended this provisional duty by introducing a specific duty which reflected the actual difference; whereas, at the same time, it extended the duration of the provisional duty for a period not exceeding two months;  Whereas, in the course of the subsequent examination, the Commission requested from Community producers, exporters, importers and agents known to be concerned all the information it deemed necessary in order to arrive at a final determination of the dumping margin and injury; whereas the Commission carried out inspections at the premises of the two Spanish exporters concerned, namely Empresa Nacional Siderurgica SA (Ensidesa) and José Maria Aristrain Madrid SA, Madrid; whereas the Commission also carried out on-the-spot investigations at the premises of the following Community producers: Thyssen AG, Duisburg; Stahlwerke Peine-Salzgitter AG, Salzgitter; Arbed Saarstahl GmbH, Voelklingen; and at the offices of Thyssen Stahl Union, Duesseldorf as well as of the following importers: Carl Spaeter GmbH and Kloeckner & Co., Duisburg; and Aristrain Internationale Handelsgesellschaft mbH, Frankfurt;  Whereas the Commission selected 1 August 1981 to 31 July 1982 as the investigation period for the examination of dumping;  Whereas, in order to determine definitively the existence of dumping, the Commission compared the Spanish export prices with the normal values for sales made during the investigation period;  Whereas, with regard to Ensidesa and Aristrain, normal values were determined on the basis of the prices paid or payable for like products on the domestic market during the investigation period, adjusted to the ex-factory level, taking into account the  fact that in some instances transportation costs on the domestic market incurred by the companies were higher than the corresponding amount billed to the customer where such difference was demonstrated to the satisfaction of the Commission; whereas, for the purpose of establishing normal value, the Commission also took into account quantity discounts periodically granted to certain customers where the companies supplied sufficient evidence in this respect;  Whereas normal values were established separately for each type of broad-flanged beams, taking into account the exact dimensions which were exported;  Whereas export prices were determined on the basis of the prices paid or payable for the products under consideration sold for export to the Community during the investigation period, adjusted to the ex-factory level, taking account, where applicable, of internal and ocean transport costs, insurance and port charges; whereas the Commission, on the basis of the evidence available also took into consideration annual discounts granted by one of the exporting companies to one Community importer;  Whereas, since Aristrain has been selling all its exports of the products under consideration to its wholly owned subsidiary in Frankfurt, Germany, its export prices were constructed on the basis of the price at which the imported products were first resold to independent buyers, appropriate allowance having been made for all costs incurred between importation and resale, including transport costs within the Community, insurance, handling and ancillary costs, customs duties and a reasonable margin for overheads and profit; whereas due allowance was also made for differences in the level of trade;  Whereas both exporting companies received a tax rebate on exportation of the products concerned; whereas the Commission sought to establish, therefore, the amount of prior stage cumulative indirect taxes levied on goods that are physically incorporated in the exported products, as well as in the like products, when destined for consumption on the domestic market; whereas neither the Spanish Government nor the exporting companies submitted evidence substantiating the amount of such taxes as requested by the Commission; whereas the Commission, therefore, increased the export price by an amount which it calculated on the basis of the facts available to it;  Whereas the comparison between export prices and normal values showed weighted average dumping margins of 9;40 %, equivalent to 29;77 ECU per tonne for Aristrain, and of 10;26 %, equivalent to 30;33 ECU per tonne for Ensidesa;  Whereas the exporters claimed that, in view of a devaluation of the Spanish currency, after the end of the investigation period the Commission should revise its dumping findings; whereas the Commission considered it inappropriate to take this devaluation into consideration since the exporters did not demonstrate that this devaluation reduced or eliminated the dumping margin;  Whereas, with regard to injury, the evidence available to the Commission shows that the imports into the Community of the products concerned originating in Spain have increased from 129 099 tonnes in 1980 to 134 969 tonnes in 1981 and to 83 484 tonnes in the first six months of 1982; whereas, with regard to the German market, which traditionally has absorbed the vast majority of Spanish broad-flanged beams, the imports from Spain have increased from a monthly average of 9 342 tonnes in 1980 to an average of 15 304 tonnes in the second half of 1981 and an average of 13 184 tonnes during the first six months of 1982; whereas, during the period January to June 1982, imports of the product under consideration from Spain were 105 % higher than during the same period of the previous year;  Whereas the share of the Community market held by these Spanish exports fell slightly from 7;4 to 6;8 % between 1980 and 1981 but increased dramatically to 18;7 % in the period January to June 1982; whereas the corresponding market share in the Federal Republic of Germany were 16;3 % in 1980, 18;9 % in 1981 and 29;4 % in the first half of 1982;  Whereas broad-flanged beams are generally sold to traders who stock and resell them within the Community; whereas the same group of traders who purchase these Spanish exports also buy like products from Community producers; whereas the prices at which broad-flanged beams originating in Spain were sold to these traders were, in most cases, significantly lower than the Community producers' list prices valid at the time of delivery of these imports;  Whereas the Commission has also examined the impact of the imports from Spain on the Community industry; whereas the Commission found that the monthly average of the production of like products in the Federal Republic of Germany fell by 28 % between 1981 and the first nine months of 1982 and that Community producers have incurred a substantial cut in their sales; whereas an examination of the development of sales on the German market shows that between 1980 and the second quarter of 1982 sales of German producers fell by 64;3 % from an average of 30 203 tonnes per month to 13 192 tonnes per month; whereas, during the same period, sales of other ECSC producers in Germany fell by 40;1 % from an average of 25 509 tonnes per month to 15 272 tonnes per month; whereas the market share held by German manufacturers of broad-flanged beams on their home market fell from 52;7 % in 1980 to 46 % in 1981 and to 37;6 % in the first half of 1982, while the market share held by other ECSC producers fell from 30;7 % in 1981 to 27;7 % in the first six months of 1982;  Whereas the Commission also took into account the fact that the Community steel industry is in a state of crisis; whereas, between 1974 and 1980, production of the products concerned fell by more than 13 %, while the number employed fell by 244 700 or 30;8 % between 1974 and 1981; whereas the situation of the Community producers continues to be one of extremely low-capacity utilization levels and seriously reduced profits or of losses;  Whereas, in order to remedy this situation, the Community's steel policy seeks to ensure sufficient price levels for the products concerned sold in the Community through the use of production quotas for ECSC companies and the obligation to respect certain price levels; whereas these production quotas are adjusted periodically on the basis of a forecast of supply and demand for the products concerned, taking into account the development of imports from third countries; whereas any sharp increase of imports from third countries requires a downward adjustment of the quotas of Community producers and thereby increases their indirect costs and further reduces their margins;  Whereas the Commission has considered whether injury has been caused by other factors which individually or in combination could adversely affect the Community industry, such as volume and prices of other imports or reduction in demand; whereas, while the level of consumption on the German market remained stable in 1980 and 1981, it declined by 21 % or by 12 626 tonnes per month in the first six months of 1982; whereas, while imports from third countries other than Spain increased by 16;7 % from 26 077 tonnes in 1980 and to 30 433 tonnes in 1981, they fell again slightly by 6 % to 14 285 tonnes in the first six months of 1982; whereas the impact of the dumped imports from Spain, which in 1981 represented over 81 % and during the first six months of 1982 almost 85 % of all imports from third countries into the Federal Republic of Germany, has been isolated from these other factors;  Whereas the facts as finally established show that, taking into account the already extremely difficult situation of the Community industry and the restructuring efforts being undertaken at present, material injury has been caused by dumped imports from Spain and that further injury would have been caused if provisional action had not been taken;  Whereas, in the serious conditions experienced by the Community steel industry, the interests of the Community call for the imposition of a definitive anti-dumping duty and the definitive collection of the amounts secured by way of provisional duty; whereas, having regard to the extent of the injury caused, it is appropriate that the amount of the definitive duty should be equal to the dumping margins found, due consideration being given to reductions in value claimed by the importers and established to the satisfaction of the competent national authorities,  MAKES THE FOLLOWING RECOMMENDATION:  Article 1  1. A definitive anti-dumping duty is hereby imposed on broad-flanged beams falling within subheading 73.11 A ex I of the Common Customs Tariff (NIMEXE code 73.11-12) and originating in Spain.  2. The amount of the duty shall be equal to 29;77 ECU per 1 000 kilograms net for broad-flanged beams manufactured and exported by José Maria Aristrain SA or José Maria Aristrain - Madrid SA and 30;33 ECU per 1 000 kilograms net for broad-flanged beams manufactured and exported by Empresa Nacional Siderurgica SA (Ensidesa).  3. The duty shall, however, be reduced by up to 10 % where the importer establishes to the satisfaction of the competent national authorities that the products imported are sub-standard or seconds.  4. The provisions in force concerning customs duties shall apply for the application of the duty.  Article 2  The amounts secured by way of provisional anti-dumping duty pursuant to recommendation No 2242/82/ECSC, as amended by recommendation No 3024/82/ECSC, shall be definitively collected in so far as they do not exceed the amount of the definitive duty imposed by Article 1. Article 3  This recommendation shall enter into force on the day following its publication in the Official Journal of the European Communities.  Done at Brussels, 27 January 1983.  For the Commission  Wilhelm HAFERKAMP  Vice-President  (1) OJ No L 339, 31. 12. 1979, p. 15.  (2) OJ No L 317, 13. 11. 1982, p. 17.  (3) OJ No C 207, 10. 8. 1982, p. 4.  (4) OJ No L 238, 13. 8. 1982, p. 32.  (5) OJ No L 317, 13. 11. 1982, p. 16.


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ECSC High Authority: Recommendation No 1-61 of 1 March 1961 to the Governments of the Member States, concerning the publication or communication of the scales, rates and tariff rules applied to the carriage of coal and steel

Official Journal 018 , 09/03/1961 P. 0469 - 0471 Finnish special edition: Chapter 7 Volume 1 P. 0028  Swedish special edition: Chapter 7 Volume 1 P. 0028  Danish special edition: Series I Chapter 1959-1962 P. 0066  English special edition: Series I Chapter 1959-1962 P. 0069  Greek special edition: Chapter 07 Volume 1 P. 0025  Spanish special edition: Chapter 07 Volume 1 P. 0037  Portuguese special edition Chapter 07 Volume 1 P. 0037

RECOMMANDATION No 1-61 of 1 March 1961 to the Governments of the Member States, concerning the publication or communication of the scales, rates and tariff rules applied to the carriage of coal and steel  THE HIGHT AUTHORITY,  Having regard to the provisions of Articles 2 to 5, 8, 14, 15, 60, 70 and 86 of the Treaty and to Article 10 of the Convention on the Transitional Provisions;  Whereas the third paragraph of Article 70 of the Treaty provides that the scales, rates and all other tariff rules of every kind applied to the carriage of coal and steel within each Member State and between Member States shall be published or brought to the knowledge of the High Authority;  Whereas this provision is a rule of law binding both on Member States of the Community and on the High Authority ; whereas, however, in order that the provision may be given effect, in particular in relation to the various types of transport undertaking, it is necessary that the Member States should adopt implementing provisions;  Whereas provisions of this kind are either non-existent or incomplete and the High Authority is therefore obliged to formulate a recommendation calling on Member States to adopt the appropriate implementing provisions.  Whereas the implementing measures to be taken by Member States must, in nature, scope and form, be such as to make it possible for the aims envisaged in the publication or communication of scales, rates and tariff rules to be effectively achieved ; whereas in this respect Member States should bear it in mind that the principle of publication or communication expressed in the third paragraph of Article 70 is not an end in itself;  Whereas publication or communication as such is merely a means of attaining other objectives of the Treaty ; whereas in this instance primary importance attaches to the provisions of the Treaty concerning transport, with which those concerned, and in particular transport undertakings, must be effectively obliged to comply ; whereas the relevant provisions are the following:    - Article 4 (b) of the Treaty, which taken in conjunction with the first paragraph of Article 70 provides that comparably placed consumers must be afforded comparable price conditions for transport;       - the second paragraph of Article 70 of the Treaty, which prohibits in particular discrimination in rates and conditions of carriage based on the country of origin or of destination of products;       - the third paragraph of Article 10 of the Convention on the Transitional Provisions, which provides for the establishment of through international tariffs, and for the harmonisation of rates and conditions of carriage as far as may be necessary for the proper functioning of the common market;         Whereas, further, the measures adopted by Member States must be such as will promote the proper functioning of the common market for coal and steel as laid down in the provisions of the Treaty, particularly in Articles 2 to 5 and 60, and in the decisions of the High Authority implementing those Articles;  Whereas Member States are bound, in execution of their basic obligation under the first paragraph of Article 86, to implement this Recommendation in such a way as to facilitate the attainment of the Community's objectives;  Whereas the provisions to be adopted by Member States will attain the objectives of this Recommendation only if all necessary measures have been taken to ensure that transport undertakings comply with those provisions ; whereas the Treaty does not give the High Authority the power to take action itself to check compliance by those undertakings, nor to take action in the case of any  breach, and Member States must therefore themselves be responsible for drawing up their provisions in such a way that an effective check may be kept on transport undertakings and appropriate sanctions applied in cases of breach;  Whereas the relevant provisions of the Treaty cover all modes of transport within the Community ; whereas Member States are therefore bound to extend the implementing measures adopted by them pursuant to this Recommendation to all modes of transport ; whereas in so doing they are entitled to take into account the individual characteristics of the various modes of transport;  Whereas the present position in the transport sector makes it necessary that Member States should comply as soon as possible with the directions given in this Recommendation ; whereas 31 December 1961 accordingly appears suitable as the final date, either for direct promulgation of the necessary laws and regulations or, if lengthy procedures such as the enactment of legislation prove necessary for this purpose, for the initiation of such procedures;  Whereas it is also desirable that the High Authority should examine in advance whether and to what extent the measures proposed by Member States are capable of attaining the objectives of this Recommendation ; whereas it is therefore essential that the High Authority be informed of such measures in advance, at the latest by 31 October 1961;  RECOMMENDS AS FOLLOWS     Article 1 1. The Governments of the Member States shall adopt all appropriate general or special measures to ensure that the scales, rates and all other tariff rules of every kind applied to the carriage of coal and steel within each Member State and between the Member States are published or brought to the knowledge of the High Authority to such extent and in such manner and form as to:    (a) ensure that transport undertakings apply scales, rates and all other tariff rules of every kind which afford comparable price conditions to comparably placed consumers (Article 4 (b) and the first and second paragraphs of Article 70 of the Treaty);       (b) permit the implementation of measures adopted for the purpose of establishing through international tariffs and harmonising rates and conditions of carriage (first paragraph of Article 70 of the Treaty and third paragraph of Article 10 of the Convention on the Transitional Provisions).         2. The measures adopted pursuant to paragraph (1) shall be such as to promote the proper functioning of the common market as laid down in the Treaty, particularly in Articles 2 to 5 and 60, and in the Decisions of the High Authority implementing those Articles.   Article 2 The Governments of the Member States shall adopt all such general or special measures as may be appropriate in order to ensure that a check be kept on compliance with existing laws and regulations and with those which may be adopted in pursuance of the objectives set out in Article 1, and that sanctions be applied in cases of breach.   Article 3 The measures adopted pursuant to Articles 1 and 2 shall cover all modes of transport. However, account may be taken of the individual characteristics of the various modes of transport.   Article 4 1. The Governments of the Member States shall adopt the measures referred to in Articles 1 and 2 by 31 December 1961 at the latest. Should it be necessary under any national law to enact legislation, or to adopt some other lengthy procedure, in order to put these measures into effect, such procedures shall be initiated by that same date at the latest.  2. The Governments of Member States shall communicate to the High Authority by 31 October 1961 at the latest the content of their proposed measures.   Article 5 This Recommendation shall be communicated to the Governments of the Member States and published in the Official Journal of the European Communities.  This Recommendation was discussed and adopted by the High Authority during its session held on 1 March 1961.    For the High Authority  The President  Piero MALVESTITI