title: Council recommendation of 22 May 2017 on the European Qualifications Framework for lifelong learning and repealing the recommendation of the European Parliament and of the Council of 23 April 2008 on the establishment of the European Qualifications Framework for lifelong learning

text:
                  15.6.2017

                  EN

                  Official Journal of the European Union

                  C 189/15

            COUNCIL RECOMMENDATION
      of 22 May 2017
      on the European Qualifications Framework for lifelong learning and repealing the recommendation of the European Parliament and of the Council of 23 April 2008 on the establishment of the European Qualifications Framework for lifelong learning
      (2017/C 189/03)
      THE COUNCIL OF THE EUROPEAN UNION,
      Having regard to the Treaty on the Functioning of the European Union, and in particular Articles 165 and 166 thereof,
      Having regard to the proposal from the European Commission,
      Whereas:

                  (1)

                  Qualifications serve a variety of purposes. They signal to employers what their holders in principle know and are able to do (‘learning outcomes’). They may be a prerequisite for accessing certain regulated professions. They help education and training authorities and providers to determine the level and content of learning acquired by an individual. They are also important for an individual as an expression of personal achievement. Therefore qualifications play an important role in raising employability, easing mobility and access to further education.

                  (2)

                  Qualifications are the formal outcome of an assessment and validation process by a competent authority and typically take the form of documents such as certificates or diplomas. They determine that an individual has achieved learning outcomes to given standards. Those learning outcomes may be achieved through a variety of paths in formal, non-formal or informal settings, whether in national or international contexts. Information on learning outcomes should be easily accessible and transparent.

                  (3)

                  The recommendation of the European Parliament and the Council of 23 April 2008 on the establishment of the European Qualifications Framework for lifelong learning (1) created a common reference framework of eight levels of qualifications, expressed as learning outcomes with increasing levels of proficiency. They serve as a translation device between different qualifications systems and their levels. The purpose of the European Qualifications Framework for lifelong learning (EQF) is to improve the transparency, comparability and portability of people's qualifications.

                  (4)

                  The wider objectives of this recommendation are to contribute to modernising education and training systems and to increase the employability, mobility and social integration of workers and learners. It further aims at better linking formal, non-formal and informal learning and supporting the validation of learning outcomes acquired in different settings.

                  (5)

                  Member States have developed or are developing national qualifications frameworks based on learning outcomes and are relating these to the EQF through a ‘referencing’ process. The EQF levels and learning outcome descriptors contribute to better transparency and comparability of qualifications of different national systems. They also contribute to a general shift towards a learning outcomes orientation in education and training. Referencing to the EQF should be done through the national qualifications frameworks or, where these do not exist, national qualifications systems (hereafter ‘national qualifications frameworks or systems’).

                  (6)

                  Qualifications are more transparent and comparable when they are presented in documents that include a reference to the applicable EQF level and a description of the achieved learning outcomes.

                  (7)

                  A wide range of stakeholders should be involved in implementing the EQF at Union and national levels in order to ensure its broad support. Key stakeholders include all learners, education and training providers, qualifications authorities, quality assurance bodies, employers, trade unions, chambers of industry, commerce and skilled crafts, bodies involved in the recognition of academic and professional qualifications, employment services and services in charge of migrant integration.

                  (8)

                  In its report to the European Parliament and the Council of 19 December 2013 on the evaluation of the EQF, the Commission concluded that the EQF is widely accepted as a reference point for developing national qualifications frameworks, for implementing the learning outcomes approach, and for improving the transparency and recognition of skills and competences. It emphasised that the Union should make it possible for learners and workers to make their skills and competences more visible no matter where they acquired them.

                  (9)

                  In that report the Commission also concluded that the EQF Advisory Group has provided effective guidance for national referencing processes and has built trust and understanding among participating countries. It further concluded that the effectiveness of the EQF National Coordination Points largely depends on how closely they are linked to the national governance of the referencing process.

                  (10)

                  Given the positive evaluation of that group, continuation of the EQF Advisory Group is crucial to a consistent, coherent, transparent and coordinated implementation of this Recommendation.

                  (11)

                  Transparency and recognition of skills and qualifications is one of the new priorities under the 2015 Joint Report of the Council and the Commission on the implementation of the strategic framework for European cooperation in education and training (ET 2020). That report stresses that the EQF should be further developed in order to make qualifications more transparent and comparable. With regard to newly arrived migrants, it also stresses that existing transparency instruments could help a better understanding of foreign qualifications in the Union, and vice versa.

                  (12)

                  The EQF and the national qualifications frameworks or systems referenced to it can support existing recognition practices thanks to the strengthened trust, understanding and comparability of qualifications they bring. That can make the process of recognition for learning and working purposes easier. Overarching qualifications frameworks such as the EQF could serve as information tools for recognition practices as mentioned in the recommendation on the use of qualifications frameworks in the recognition of foreign qualifications, as adopted under the Convention on the Recognition of Qualifications concerning Higher Education in the European Region.

                  (13)

                  National qualifications frameworks and systems change over time, therefore referencing to the EQF should be reviewed and updated, whenever relevant.

                  (14)

                  Trust in the quality and level of qualifications that are part of national qualifications frameworks or systems referenced to the EQF (hereafter ‘qualifications with an EQF level’) is essential in order to support mobility of learners and workers within and across sectoral and geographical borders. The recommendation of the European Parliament and the Council of 23 April 2008 on the establishment of the European Qualifications Framework for lifelong learning contained common principles on quality assurance in higher education and vocational education and training. They respected the responsibility of Member States for quality assurance arrangements applying to national qualifications in accordance with the principle of subsidiarity. The Standards and Guidelines for Quality Assurance in the European Higher Education Area and the European Quality Assurance Reference Framework for Vocational Education and Training build a basis for such common principles.

                  (15)

                  The possibility of developing a register, outside the field of higher education, for bodies monitoring quality assurance systems for qualifications could be explored.

                  (16)

                  Credit systems can help individuals to progress in learning by facilitating flexible learning pathways and transfer across different levels and types of education and training and across national borders, enabling learners to accumulate and transfer different learning outcomes acquired in different learning contexts, including online, non-formal and informal learning. The learning outcomes approach can also facilitate the design, delivery and assessment of full qualifications or components of qualifications.

                  (17)

                  Credit systems at both national and European levels operate within institutional contexts like higher education or vocational education and training. At European level, the European Credit Transfer and Accumulation System has been developed for higher education in the European Higher Education Area. For vocational education and training, the European Credit System for Vocational Education and Training is being developed in accordance with the recommendation of the European Parliament and of the Council of 18 June 2009 on the establishment of a European Credit System for Vocational Education and Training (ECVET) (2). Links between national qualifications frameworks and credit systems, where appropriate, could be promoted.

                  (18)

                  While the Union acquis on legal migration and asylum provides for equal treatment with nationals in terms of recognition of qualifications and even for facilitation measures as far as beneficiaries of international protection are concerned in accordance with Directive 2011/95/EU of the European Parliament and of the Council (3), high rates of over-qualification and under-employment persist among third-country nationals with tertiary education. Cooperation between the Union and third countries over the transparency of qualifications can foster migrant integration into Union labour markets. Given the growing migration flows to and from the Union, a better understanding and a fair recognition of qualifications awarded outside the Union is needed.

                  (19)

                  The main features of the EQF, namely its learning outcomes approach, the definition of level descriptors, and the establishment of referencing criteria as developed by the EQF Advisory Group, have been a source of inspiration for the development of national and regional qualifications frameworks throughout the world. An increasing number of third countries and regions are seeking closer links between their qualifications framework and the EQF.

                  (20)

                  Directive 2005/36/EC of the European Parliament and of the Council (4) provides that common training frameworks for regulated professions can be set up through a Commission delegated act as a common set of knowledge, skills and competences. Common training frameworks are to be based on levels of the EQF. Reference to EQF levels on qualifications is not to affect access to the labour market where professional qualifications have been recognised in accordance with Directive 2005/36/EC.

                  (21)

                  The Framework for Qualifications of the European Higher Education Area provides descriptors for the short cycle (that can be linked to or within the first cycle), the first, second and third cycles of higher education. Each cycle descriptor offers a statement on the achievements and abilities associated with the qualifications awarded at the end of that cycle. The EQF is compatible with the qualifications framework for the European Higher Education Area and its cycle descriptors. The short cycle (that can be linked to or within the first cycle), the first, second and third cycles of the qualifications framework for the European Higher Education Area correspond to EQF levels 5-8 respectively.

                  (22)

                  Decision No 2241/2004/EC of the European Parliament and of the Council (5) helps people to better present their skills, competences and qualifications.

                  (23)

                  A European Skills, Competences, Qualifications and Occupations classification (ESCO) is being developed by the Commission. Used on a voluntary basis, it could support a better link between education and employment. The data developed by Member States in the context of the EQF could serve as input for this classification.

                  (24)

                  Information on the process of referencing national qualifications frameworks or systems to the EQF and on qualifications with an EQF level should be readily accessible to the public. The use of common data structures and formats would help achieve that objective. It would also facilitate the understanding and use of published information on qualifications.

                  (25)

                  Coherence, complementarity and synergies at national and Union levels should exist between the implementation of the EQF, national qualifications frameworks or systems and tools on transparency and recognition of skills, competences and qualifications, including those for quality assurance, credit accumulation and transfer and tools developed in the context of the European Higher Education Area on transparency and recognition of skills, competences and qualifications.

                  (26)

                  The development of the EQF should be fully coherent with existing European cooperation in education and training under the ET 2020 strategic framework and future European ET strategic frameworks.

                  (27)

                  This recommendation does not replace or define national qualifications frameworks or systems. The EQF does not describe specific qualifications or an individual's competences and particular qualifications should be referenced to the appropriate EQF level by way of the relevant national qualifications systems.

                  (28)

                  This recommendation consolidates the EQF as a common reference framework of eight levels expressed as learning outcomes, serving as a translation device between different qualifications frameworks or systems and their levels.

                  (29)

                  Given its non-binding nature, this recommendation conforms to the principles of subsidiarity and proportionality by supporting and supplementing Member States' activities through facilitating further cooperation between them to increase the transparency, comparability and portability of people's qualifications. It should be implemented in accordance with national law and practice,

            HEREBY RECOMMENDS THAT MEMBER STATES IN ACCORDANCE WITH NATIONAL CIRCUMSTANCES:

                  1.

                  Use the EQF to reference national qualifications frameworks or systems and to compare all types and levels of qualifications in the Union that are part of national qualifications frameworks or systems, in particular by referencing their qualification levels to levels of the EQF set out in Annex II and by using the criteria set out in Annex III.

                  2.

                  Review and update, when relevant, the referencing of the levels of the national qualifications frameworks or systems to the levels of the EQF set out in Annex II and using the criteria set out in Annex III, with due regard to the national context.

                  3.

                  Ensure that qualifications with an EQF level are in accordance with the common principles for quality assurance set out in Annex IV, without prejudice to national quality assurance principles that apply to national qualifications.

                  4.

                  Where appropriate, promote links between credit systems and national qualifications frameworks or systems taking into account the common principles on credit systems set out in Annex V, without prejudice to national decisions to (i) make use of credit systems; and (ii) relate them to national qualifications frameworks or systems. Those common principles will not lead to an automatic recognition of qualifications.

                  5.

                  Where appropriate, take measures, so that all newly issued qualification documents by the competent authorities (e.g. certificates, diplomas, certificate supplements, diploma supplements), and/or registers of qualifications contain a clear reference to the appropriate EQF level.

                  6.

                  Make the results of the referencing process publicly available at national and Union levels and, where possible, ensure that information on qualifications and their learning outcomes is accessible and published, using the data fields in accordance with Annex VI.

                  7.

                  Encourage the use of EQF by social partners, public employment services, education providers, quality assurance bodies and public authorities to support the comparison of qualifications and transparency of the learning outcomes.

                  8.

                  Ensure the continuation and coordination of tasks implemented by EQF National Coordination Points (EQF NCP). The main tasks of the EQF NCP are to support national authorities in referencing national qualifications frameworks or systems to the EQF and to bring the EQF closer to individuals and organisations.

            HEREBY RECOMMENDS THAT THE COMMISSION, IN COOPERATION WITH MEMBER STATES AND STAKEHOLDERS WITHIN THE EQF ADVISORY GROUP:

                  9.

                  Support consistency in the further implementation of the EQF across Member States by comparing and discussing the methodologies used for the levelling of qualifications in national qualifications frameworks or systems, with due regard to national contexts.

                  10.

                  With due regard to national contexts, support the development of methodologies for the description, use and application of learning outcomes to increase transparency and the understanding and comparability of qualifications.

                  11.

                  Support the setting up of voluntary procedures on the levelling of international qualifications through national qualification frameworks or systems and information exchange and consultation between Member States on those procedures to ensure consistency.

                  12.

                  Develop guidance for communicating the EQF, in particular how to present EQF levels on newly issued certificates, diplomas and supplements, and/or registers of qualifications, in accordance with national systems and regulations on certificates and diplomas.

                  13.

                  Explore possibilities for the development and application of criteria and procedures to enable, in accordance with international agreements, the comparison of third countries' national and regional qualifications frameworks with the EQF.

                  14.

                  Set up peer learning and best practice exchanges between the Member States and, where appropriate, facilitate peer counselling at the request of the Member States.

            HEREBY RECOMMENDS THAT THE COMMISSION:

                  15.

                  Ensure that the implementation of this recommendation is supported through actions funded by relevant Union programmes.

                  16.

                  Ensure an effective governance of the EQF implementation by maintaining and fully supporting the EQF Advisory Group established in 2009 composed of representatives of the Member States and other participating countries, the social partners and other stakeholders as appropriate. The EQF Advisory Group should ensure overall coherence and promote transparency and trust in the process of referencing national qualifications frameworks or systems to the EQF.

                  17.

                  Report on progress following the adoption of this recommendation, as appropriate, in the context of relevant education, training and employment policy frameworks.

                  18.

                  Assess and evaluate, in cooperation with the Member States and after consulting the stakeholders concerned, action taken in response to this recommendation and by 2022 report to the Council on the experience gained and implications for the future, including, if necessary, a possible review and revision of this recommendation.

            The recommendation of the European Parliament and the Council of 23 April 2008 on the establishment of the European Qualifications Framework for lifelong learning is repealed.

         Done at Brussels, 22 May 2017.

               For the Council

               The President

            E. BARTOLO

         (1)  OJ C 111, 6.5.2008, p. 1.

         (2)  OJ C 155, 8.7.2009, p. 11.

         (3)  Directive 2011/95/EU of the European Parliament and of the Council of 13 December 2011 on standards for the qualification of third-country nationals or stateless persons as beneficiaries of international protection, for a uniform status for refugees or for persons eligible for subsidiary protection, and for the content of the protection granted (OJ L 337, 20.12.2011, p. 9).

         (4)  Directive 2005/36/EC of the European Parliament and of the Council of 7 September 2005 on the recognition of professional qualifications (OJ L 255, 30.9.2005, p. 22).

         (5)  Decision No 2241/2004/EC of the European Parliament and of the Council of 15 December 2004 on a single Community framework for the transparency of qualifications and competences (Europass) (OJ L 390, 31.12.2004, p. 6).

         ANNEX I
         Definitions
         For the purposes of this recommendation, the following definitions apply:

                     (a)

                     ‘qualification’ means a formal outcome of an assessment and validation process which is obtained when a competent authority determines that an individual has achieved learning outcomes to given standards;

                     (b)

                     ‘national qualifications system’ means all aspects of a Member State’s activity related to the recognition of learning and other mechanisms that link education and training to the labour market and civil society. That includes the development and implementation of institutional arrangements and processes relating to quality assurance, assessment and the award of qualifications. A national qualifications system may be composed of several subsystems and may include a national qualifications framework;

                     (c)

                     ‘national qualifications framework’ means an instrument for the classification of qualifications according to a set of criteria for specified levels of learning achieved, which aims at integrating and coordinating national qualifications subsystems and improve the transparency, access, progression and quality of qualifications in relation to the labour market and civil society;

                     (d)

                     ‘international qualification’ means a qualification awarded by a legally established international body (association, organisation, sector or company) or by a national body acting on behalf of an international body that is used in more than one country and that includes learning outcomes assessed with reference to standards established by an international body;

                     (e)

                     ‘learning outcomes’ means statements regarding what a learner knows, understands and is able to do on completion of a learning process, which are defined in terms of knowledge, skills and responsibility and autonomy;

                     (f)

                     ‘knowledge’ means the outcome of the assimilation of information through learning. Knowledge is the body of facts, principles, theories and practices that is related to a field of work or study. In the context of the EQF, knowledge is described as theoretical and/or factual;

                     (g)

                     ‘skills’ means the ability to apply knowledge and use know-how to complete tasks and solve problems. In the context of the EQF, skills are described as cognitive (involving the use of logical, intuitive and creative thinking) or practical (involving manual dexterity and the use of methods, materials, tools and instruments);

                     (h)

                     ‘responsibility and autonomy’ means the ability of the learner to apply knowledge and skills autonomously and with responsibility;

                     (i)

                     ‘competence’ means the proven ability to use knowledge, skills and personal, social and/or methodological abilities, in work or study situations and in professional and personal development;

                     (j)

                     ‘validation of non-formal and informal learning’ means the process of confirmation by a competent authority that an individual has acquired learning outcomes acquired in non-formal and informal learning settings measured against a relevant standard and consists of the following four distinct phases: identification through dialogue of particular experiences of an individual, documentation to make visible the individual’s experiences, a formal assessment of those experiences and certification of the results of the assessment which may lead to a partial or full qualification;

                     (k)

                     ‘formal recognition of learning outcomes’ means the process of granting official status by a competent authority to acquired learning outcomes for purposes of further studies or employment, through (i) the award of qualifications (certificates, diploma or titles); (ii) the validation of non-formal and informal learning; (iii) the grant of equivalence, credit or waivers;

                     (l)

                     ‘credit’ means confirmation that a part of a qualification, consisting of a coherent set of learning outcomes has been assessed and validated by a competent authority, according to an agreed standard; credit is awarded by competent authorities when the individual has achieved the defined learning outcomes, evidenced by appropriate assessments and can be expressed in a quantitative value (e.g. credits or credit points) demonstrating the estimated workload an individual typically needs for achieving related learning outcomes;

                     (m)

                     ‘credit systems’ means a transparency tool for facilitating the recognition of credit(s). These systems can comprise, inter alia, equivalences, exemptions, units/modules that can be accumulated and transferred, the autonomy of providers who can individualise pathways, and the validation of non-formal and informal learning;

                     (n)

                     ‘credit transfer’ means the process of allowing individuals who have accumulated credit in one context to have it valued and recognised in another context.

         ANNEX II
         Descriptors defining levels in the European Qualifications Framework (EQF)

                     Each of the 8 levels is defined by a set of descriptors indicating the learning outcomes relevant to qualifications at that level in any system of qualifications.

                     Knowledge

                     Skills

                     Responsibility and autonomy

                     In the context of EQF, knowledge is described as theoretical and/or factual.

                     In the context of EQF, skills are described as cognitive (involving the use of logical, intuitive and creative thinking) and practical (involving manual dexterity and the use of methods, materials, tools and instruments).

                     In the context of the EQF responsibility and autonomy is described as the ability of the learner to apply knowledge and skills autonomously and with responsibility

                     Level 1
                     The learning outcomes relevant to Level 1 are

                     basic general knowledge

                     basic skills required to carry out simple tasks

                     work or study under direct supervision in a structured context

                     Level 2
                     The learning outcomes relevant to Level 2 are

                     basic factual knowledge of a field of work or study

                     basic cognitive and practical skills required to use relevant information in order to carry out tasks and to solve routine problems using simple rules and tools

                     work or study under supervision with some autonomy

                     Level 3
                     The learning outcomes relevant to Level 3 are

                     knowledge of facts, principles, processes and general concepts, in a field of work or study

                     a range of cognitive and practical skills required to accomplish tasks and solve problems by selecting and applying basic methods, tools, materials and information

                     take responsibility for completion of tasks in work or study
                     adapt own behaviour to circumstances in solving problems

                     Level 4
                     The learning outcomes relevant to Level 4 are

                     factual and theoretical knowledge in broad contexts within a field of work or study

                     a range of cognitive and practical skills required to generate solutions to specific problems in a field of work or study

                     exercise self-management within the guidelines of work or study contexts that are usually predictable, but are subject to change
                     supervise the routine work of others, taking some responsibility for the evaluation and improvement of work or study activities

                     Level 5 (*1)

                     The learning outcomes relevant to Level 5 are

                     comprehensive, specialised, factual and theoretical knowledge within a field of work or study and an awareness of the boundaries of that knowledge

                     a comprehensive range of cognitive and practical skills required to develop creative solutions to abstract problems

                     exercise management and supervision in contexts of work or study activities where there is unpredictable change
                     review and develop performance of self and others

                     Level 6 (*2)

                     The learning outcomes relevant to Level 6 are

                     advanced knowledge of a field of work or study, involving a critical understanding of theories and principles

                     advanced skills, demonstrating mastery and innovation, required to solve complex and unpredictable problems in a specialised field of work or study

                     manage complex technical or professional activities or projects, taking responsibility for decision-making in unpredictable work or study contexts
                     take responsibility for managing professional development of individuals and groups

                     Level 7 (*3)

                     The learning outcomes relevant to Level 7 are

                     highly specialised knowledge, some of which is at the forefront of knowledge in a field of work or study, as the basis for original thinking and/or research
                     critical awareness of knowledge issues in a field and at the interface between different fields

                     specialised problem-solving skills required in research and/or innovation in order to develop new knowledge and procedures and to integrate knowledge from different fields

                     manage and transform work or study contexts that are complex, unpredictable and require new strategic approaches
                     take responsibility for contributing to professional knowledge and practice and/or for reviewing the strategic performance of teams

                     Level 8 (*4)

                     The learning outcomes relevant to Level 8 are

                     knowledge at the most advanced frontier of a field of work or study and at the interface between fields

                     the most advanced and specialised skills and techniques, including synthesis and evaluation, required to solve critical problems in research and/or innovation and to extend and redefine existing knowledge or professional practice

                     demonstrate substantial authority, innovation, autonomy, scholarly and professional integrity and sustained commitment to the development of new ideas or processes at the forefront of work or study contexts including research

                     The Framework for Qualifications of the European Higher Education Area provides descriptors for three cycles agreed by the ministers responsible for higher education at their meeting in Bergen in May 2005 in the framework of the Bologna process. Each cycle descriptor offers a generic statement of typical expectations of achievements and abilities associated with qualifications that represent the end of that cycle.

            (*1)  The descriptor for the short cycle developed by the Joint Quality Initiative as part of the Bologna process, (that can be within or linked to the first cycle), corresponds to the learning outcomes for EQF level 5.

            (*2)  The descriptor for the first cycle corresponds to the learning outcomes for EQF level 6.

            (*3)  The descriptor for the second cycle corresponds to the learning outcomes for EQF level 7.

            (*4)  The descriptor for the third cycle corresponds to the learning outcomes for EQF level 8.

         ANNEX III
         Criteria and procedures for referencing national qualifications frameworks or systems to the European Qualifications Framework (EQF)

                     1.

                     The responsibilities and/or legal competence of all relevant national bodies involved in the referencing process are clearly determined and published by the competent authorities.

                     2.

                     There is a clear and demonstrable link between the qualifications levels in the national qualifications frameworks or systems and the level descriptors of the EQF.

                     3.

                     The national qualifications frameworks or systems and their qualifications are based on the principle and objective of learning outcomes and related to arrangements for validation of non-formal and informal learning and, where appropriate, to credit systems.

                     4.

                     The procedures for inclusion of qualifications in the national qualifications framework or for describing the place of qualifications in the national qualification system are transparent.

                     5.

                     The national quality assurance system(s) for education and training refer(s) to the national qualifications frameworks or systems and are consistent with the principles on quality assurance as specified in Annex IV to this recommendation.

                     6.

                     The referencing process shall include the stated agreement of the relevant quality assurance bodies that the referencing report is consistent with the relevant national quality assurance arrangements, provisions and practice.

                     7.

                     The referencing process shall involve international experts and the referencing reports shall contain the written statement of at least two international experts from two different countries on the referencing process.

                     8.

                     The competent authority or authorities shall certify the referencing of the national qualifications frameworks or systems with the EQF. One comprehensive report, setting out the referencing, and the evidence supporting it, shall be published by the competent authorities, including the EQF National Coordination Points, and shall address separately each of the criteria. The same report can be used for self-certification to the Qualifications Framework of the European Higher Education Area, in accordance with the self-certification criteria of the latter.

                     9.

                     Within 6 months from having referenced or updated the referencing report, Member States and other participating countries shall publish the referencing report and provide relevant information for comparison purposes on the relevant European portal.

                     10.

                     Further to the referencing process, all newly issued documents related to qualifications that are part of the national qualifications frameworks or systems (e.g. certificates, diplomas, certificate supplements, diploma supplements) and/or qualification registers issued by the competent authorities should contain a clear reference, by way of national qualifications frameworks or systems, to the appropriate EQF level.

         ANNEX IV
         Quality assurance principles for qualifications that are part of national qualifications frameworks or systems referenced to the European Qualifications Framework (EQF)
         All qualifications with an EQF level should be quality assured to enhance trust in their quality and level.
         In accordance with national circumstances and taking into account sectoral differences quality assurance of qualifications with an EQF level should (1)
             (2):

                     1.

                     address the design of qualifications as well as application of the learning outcomes approach;

                     2.

                     ensure valid and reliable assessment according to agreed and transparent learning outcomes-based standards and address the process of certification;

                     3.

                     consist of feedback mechanisms and procedures for continuous improvement;

                     4.

                     involve all relevant stakeholders at all stages of the process;

                     5.

                     be composed of consistent evaluation methods, associating self-assessment and external review;

                     6.

                     be an integral part of the internal management, including sub-contracted activities, of bodies issuing qualifications with an EQF level;

                     7.

                     be based on clear and measurable objectives, standards and guidelines;

                     8.

                     be supported by appropriate resources;

                     9.

                     include a regular review of existing external monitoring bodies or agencies, carrying out quality assurance;

                     10.

                     include the electronic accessibility of evaluation results.

            (1)  These common principles are fully compatible with the European Standards and Guidelines (ESG) for Quality Assurance in the European Higher Education Area and with European Quality Assurance in VET (EQAVET).

            (2)  Depending on national circumstances, these principles may not apply to general education.

         ANNEX V
         Principles for credit systems related to national qualifications frameworks or systems referenced to the European Qualifications Framework (EQF) (1)

         The EQF and national qualifications frameworks or systems, by using the learning outcomes approach, should better support individuals when moving (i) between various levels of education and training; (ii) within and between sectors of education and training; (iii) between education and training and the labour market; and (iv) within and across borders. Without prejudice to national decisions to (i) make use of credit systems; and (ii) relate them to national qualifications frameworks or systems, different credit systems, where appropriate, should work together with national qualifications frameworks or systems to support transitions and facilitate progression. To this aim, credit systems related to national qualifications frameworks or systems where appropriate, should respect the following principles:

                     1.

                     Credit systems should support flexible learning pathways, for the benefit of individual learners.

                     2.

                     When designing and developing qualifications, the learning outcomes approach should be systematically used to facilitate the transfer of (components of) qualifications and progression in learning.

                     3.

                     Credit systems should facilitate transfer of learning outcomes and progression of learners across institutional and national borders.

                     4.

                     Credit systems should be underpinned by explicit and transparent quality assurance.

                     5.

                     The credit acquired by an individual should be documented, expressing the acquired learning outcomes, the name of the competent credit awarding institution and, where relevant, the related credit value.

                     6.

                     Systems for credit transfer and accumulation should seek synergies with arrangements for validation of prior learning, working together to facilitate and promote transfer and progression.

                     7.

                     Credit systems should be developed and improved through cooperation between stakeholders at the appropriate national and Union levels.

            (1)  These common principles are fully compatible with the European Credit Transfer and Accumulation System (ECTS) and the European Credit system for Vocational Education and Training (ECVET).

         ANNEX VI
         Elements for data fields for the electronic publication of information on qualifications with an EQF level

                        DATA

                        Required/Optional

                     Title of the qualification

                     Required

                     Field (*1)

                     Required

                     Country/Region (code)

                     Required

                     EQF Level

                     Required

                     Description of the qualification (*3)

                     Either

                     Knowledge

                     Required

                     Skills

                     Required

                     Responsibility and autonomy

                     Required

                     Or

                     Open text field describing what the learner is expected to know, understand and able to do

                     Required

                     Awarding body or competent authority (*2)

                     Required

                     Credit points/notional workload needed to achieve the learning outcomes

                     Optional

                     Internal quality assurance processes

                     Optional

                     External quality assurance/regulatory body

                     Optional

                     Further information on the qualification

                     Optional

                     Source of information

                     Optional

                     Link to relevant supplements

                     Optional

                     URL of the qualification

                     Optional

                     Information language (code)

                     Optional

                     Entry requirements

                     Optional

                     Expiry date (if relevant)

                     Optional

                     Ways to acquire qualification

                     Optional

                     Relationship to occupations or occupational fields

                     Optional

            (*1)  ISCED FoET2013

            (*2)  The minimum required information on the awarding body or the competent authority should facilitate to find information about it, which would include its name, or if applicable the name of the group of awarding bodies or competent authorities, completed with a URL or contact information.

            (*3)  This description shall consist of open text fields, with no prescribed use of standard terminology and no obligation for the Member States to translate the description into other EU languages.


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		52013DC0369

			Recommendation for a COUNCIL RECOMMENDATION on the Netherlands’ 2013 national reform programme and delivering a Council opinion on the Netherlands’ stability programme for 2012-2017 /* COM/2013/0369 final  */

Recommendation for a
COUNCIL RECOMMENDATION
on the Netherlands’ 2013 national reform
programme
and delivering a Council opinion on the Netherlands’ stability programme for
2012-2017

THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the
Functioning of the European Union, and in particular Articles 121(2) and 148(4)
thereof,
Having regard to Council Regulation (EC) No
1466/97 of 7 July 1997 on the strengthening of the surveillance of budgetary
positions and the surveillance and coordination of economic policies[1], and in particular Article 5(2)
thereof,
Having regard to Regulation (EU) No
1176/2011 of the European Parliament and of the Council of 16 November 2011 on
the prevention and correction of macroeconomic imbalances[2], and in particular Article 6(1)
thereof,
Having regard to the recommendation of the
European Commission[3],
Having regard to the resolutions of the
European Parliament[4],
Having regard to the conclusions of the
European Council,
Having regard to the opinion of the Employment
Committee,
After consulting the Economic and Financial
Committee,
Whereas:
(1)       On 26 March 2010, the
European Council agreed to the Commission’s proposal to launch a new strategy
for growth and jobs, Europe 2020, based on enhanced coordination of economic
policies, which will focus on the key areas where action is needed to boost Europe’s potential for sustainable growth and competitiveness.
(2)       On 13 July 2010, on the
basis of the Commission's proposals, the Council adopted a recommendation on
the broad guidelines for the economic policies of the Member States and the
Union (2010 to 2014) and, on 21 October 2010, adopted a decision on guidelines
for the employment policies of the Member States[5],
which together form the ‘integrated guidelines’. Member States were invited to
take the integrated guidelines into account in their national economic and
employment policies.
(3)       On 29 June 2012, Heads of
State or Government decided on a Compact for Growth and Jobs, providing a
coherent framework for action at national, EU and euro area levels using all
possible levers, instruments and policies. They decided on action to be taken
at the level of the Member States, in particular expressing full commitment to
achieving the objectives of the Europe 2020 Strategy and to implementing the
country-specific recommendations.
(4)       On 6 July 2012, the
Council adopted a recommendation on the Netherlands’ national reform programme
for 2012 and delivered its opinion on the Netherlands’ updated stability
programme for 2011-2015.
(5)       On 28 November 2012, the
Commission adopted the Annual Growth Survey[6],
marking the start of the 2013 European Semester for economic policy
coordination. Also on 28 November 2012, the Commission, on the basis of
Regulation (EU) No 1176/2011 on the prevention and correction of macroeconomic
imbalances, adopted the Alert Mechanism Report[7],
in which it identified the Netherlands as one of the Member States for which an
in-depth review would be carried out.
(6)       On 14 March 2013, the
European Council endorsed the priorities for ensuring financial stability,
fiscal consolidation and action to foster growth. It underscored the need to
pursue differentiated, growth-friendly fiscal consolidation, to restore normal
lending conditions to the economy, to promote growth and competitiveness, to
tackle unemployment and the social consequences of the crisis, and to modernise
public administration.
(7)       On 10 April 2013, the
Commission published the results of its in-depth review[8] for the Netherlands, under Article 5 of Regulation (EU) No 1176/2011. The Commission’s analysis
leads it to conclude that the Netherlands is experiencing macroeconomic
imbalances, although these are not excessive.
(8)       On 29 April 2013, the Netherlands submitted its 2013 stability programme covering the period 2012-2017 and its
2013 national reform programme. In order to take account of their
interlinkages, the two programmes have been assessed at the same time.
(9)       Based on the assessment of
the 2013 stability programme pursuant to Council Regulation (EC) No 1466/97,
the Council is of the opinion that the Netherlands implemented sizeable consolidation
measures over 2011-2013, but that the fiscal effort is likely not to be sufficient
to correct the excessive deficit by 2013, mainly in light of worse than
expected economic developments. The macroeconomic scenario underpinning the
budgetary projections in the programme is broadly plausible. For 2013 and
2014, the Stability Programme projects real economic growth of -0.4% and 1.1%,
respectively, which is fairly close to the Commission's Spring 2013 forecast of
-0.8% and 0.9%. The stated objective of the programme is to reduce the headline
deficit to below 3% of GDP from 2014 in a sustainable manner. The programme
does not contain an explicit reference to the medium-term objective (MTO),
suggesting that the MTO of -0.5%, as communicated in last year's Stability
Programme, is confirmed. The MTO is in line with the requirements of the
Stability and Growth Pact. In addition, whilst in 2015 the programme plans a
reduction in the structural balance of 0.5% of GDP in structural terms, in line
with the minimum annual structural requirement, in 2016 the structural balance
is expected to deteriorate by 0.4% of GDP and to improve by 0.1% of GDP in
2017, thereby falling short from the appropriate adjustment path. Based on the
Commission Spring forecast, the average annual fiscal effort of around 0.7% of
GDP over the period 2010-2013 is in line with the structural effort of ¾% of
GDP recommended by the Council. The budgetary adjustment in 2011 and 2012 was
predominantly geared to the expenditure side, yet in 2013 relied largely on
revenue measures. The planned headline deficit set by the Stability Programme
is consistent with a correction of the excessive deficit by 2014, one year
after the deadline set by the Council under the excessive deficit procedure in
late 2009. The Council considers that the fiscal effort envisaged by the
authorities is not compatible with an actual correction of the excessive
deficit by 2014. Possible additional consolidation measures specified in the
Stability Programme have been temporarily withdrawn and at any rate would not
be sufficient. The Netherlands needs to define additional measures to bring the
headline general government deficit below the 3% of GDP threshold in 2014 in a
sustainable manner. According to the 2013 Stability Programme, the debt-to-GDP
ratio is expected to rise further in 2013, to 74% of GDP and to increase
slightly further to 75% of GDP in 2014. The debt ratio is thus projected to
remain well above the 60% reference value. For 2015, the programme expects the
debt ratio to decline to 71.4% of GDP and to decline slightly thereafter,
reaching 70.8% in 2017. This decline in the debt ratio after 2014, however, is
insufficiently underpinned by policy measures.
(10)     In order to enhance the
future growth potential of the Netherlands, it is of paramount importance that
the required consolidation, to ensure a sustainable correction of the excessive
deficit and achieving the MTO in the short to medium-term, safeguards
growth-enhancing expenditure. In particular, efforts to promote innovation and
research, including fundamental research, education and training, will be key
to a balanced adjustment. This would not only help to support the economic
recovery, but could also help buttress innovation and human capital, improve competitiveness
and the medium- and long-term growth prospects.
(11)     A key challenge lies in the
housing market, where rigidities and distortive incentives have built up over
decades to shape house financing and sectoral savings patterns. The tendency of
households to leverage up gross mortgage debt against housing wealth to a large
extent reflects long-standing fiscal incentives, notably full mortgage interest
tax deductibility. Since April 2012, a series of measures have been partly
implemented. Some of these concern adjusting the fiscal treatment of housing
finance. The gradual move to limit mortgage interest tax deductibility and
increase the incentive to amortise is warranted, but the phasing-in of this
measure is too slow to significantly influence amortising behaviour. The rental
market is restrained by regulation and the presence of a very large social
housing sector that also has to cope with long waiting lists. The recent introduction
of some differentiation of rents in the social housing sector based on income
is a step in the right direction, but its impact is limited. Therefore, while
the measures proposed are steps in the right direction, the overall pace of reforms
is slow in addressing underlying problems and thus needs to be stepped up, whilst
at the same time continuing to ensure that social
housing is available to disadvantaged citizens, who are
unable to obtain housing at market conditions, including in high demand
locations.
(12)     The long-term
sustainability of the pension system has been strengthened through the gradual
increase in the statutory retirement age from 65 years in 2012 to 67 in 2023.
Hence, the Netherlands has fully addressed that part of the 2012 recommendation
on increasing the statutory retirement age and linking it to life expectancy,
for both the first and the second pension pillar. Remaining challenges include
an appropriate intra- and inter-generational division of costs and risks. Moreover,
an overhaul of the governance of the second-pillar pension funds is overdue in
order to help underpin resilience to ageing. Implementation of the plans to
reform long-term care would help curb the fast-rising costs of ageing and would
thus support the sustainability of public finances. In this regard, the quality
and accessibility of long-term care has to be maintained at an adequate level.
(13)     The labour market reforms
proposed by the government aim to increase labour market participation and
mobility. The Participation Act reform is ambitious and relevant to boost
labour market participation. However, the reforms are not yet enshrined in law
and the time span for implementation seems rather short. In addition, further
measures are needed to improve the employability of people at the margin of the
labour market, including women, people with a migrant background, people with a
disability and the elderly. The Netherlands has announced reforms to the
unemployment benefit scheme and its relatively strict employment protection
legislation. These reforms, in combination with a mobility tax credit (‘mobiliteitsbonus’)
for employers to hire social security beneficiaries aged 50 or above or people
with a labour disability, are well targeted at the lower participation end of
the labour market. However, while these measures point in the right direction,
they can only be fully assessed once adopted. Finally, accelerating the removal of remaining disincentives for second earners to increase the
number of hours worked would have the potential of further alleviating future
labour supply shortages.
(14)     Substantial progress has
been made on the 2012 recommendation on innovation and science/business links.
The enterprise policy ‘To the Top’, including its sectoral approach for
public-private partnerships in the area of research, innovation and education
(‘top sector’) is now in the implementation phase. Apart from sectoral
innovation policies, it is important to pursue horizontal research and
innovation policies and to preserve an adequate level of public funding for
not-earmarked fundamental research.
(15)     In the context of the
European Semester, the Commission has carried out a comprehensive analysis of
the Netherlands’ economic policy. It has assessed the stability programme and
national reform programme, and presented an in-depth review. It has taken into
account not only their relevance for sustainable fiscal and socio-economic
policy in the Netherlands but also their compliance with EU rules and guidance,
given the need to reinforce the overall economic governance of the European
Union by providing EU-level input into future national decisions. Its
recommendations under the European Semester are reflected in recommendations
(1) to (4) below.
(16)     In the light of this
assessment, the Council has examined the Netherlands’ stability programme, and
its opinion[9]
is reflected in particular in recommendation (1) below.
(17)     In the light of the
Commission’s in-depth review and this assessment, the Council has examined the Netherlands’ national reform programme and the stability programme. Its recommendations
under Article 6 of Regulation (EU) No 1176/2011 on the prevention and
correction of macroeconomic imbalances are reflected in recommendation (2)
below.
(18)     In the context of the
European Semester the Commission has also carried out an analysis of the
economic policy of the euro area as a whole. On this basis the Council has
issued specific recommendations addressed to the Member States whose currency
is the euro. The Netherlands also should ensure the full and timely
implementation of these recommendations,
HEREBY RECOMMENDS that the Netherlands should take action within the period 2013-2014 to:
1.           Reinforce and implement
the budgetary strategy, supported by sufficiently specified measures, for the
year 2014 and beyond to ensure a timely correction of the excessive deficit by
2014 in a sustainable manner and achieve the structural adjustment effort
specified in the Council recommendations under the EDP. Protect expenditure in
areas directly relevant for growth such as education, innovation and research.
After the correction of the excessive deficit, pursue the structural adjustment
effort that will enable the Netherlands reaching the medium-term objective by
2015.
2.           Step up efforts to
gradually reform the housing market by accelerating the planned reduction in
mortgage interest tax deductibility and by providing for a more market-oriented
pricing mechanism in the rental market, and by further relating rents to household
income in the social housing sector. Refocus social housing corporations to
support households most in need.
3.           Adjust the second pension
pillar, in consultation with social partners, to ensure an appropriate intra-
and inter-generational division of costs and risks. Underpin the gradual
increase of the statutory retirement age with measures to increase the
employability of older workers. Implement the planned reform of the long-term
care system to ensure its cost-effectiveness and complement it with further measures
to contain the increase in costs, with a view to ensure sustainability.
4.           Take
further measures to enhance participation in the labour market, particularly of
people at the margin of the labour market. Continue to reduce tax disincentives
on labour, including by a faster phasing-out of transferable tax credits for
second income earners. Foster labour market transitions and address labour
market rigidities, including by accelerating the reform of employment
protection legislation and the unemployment benefit system.
Done at Brussels,
                                                                       For
the Council
                                                                       The
President
[1]               OJ L 209, 2.8.1997, p. 1.
[2]               OJ L 306, 23.11.2011, p. 25.
[3]               COM(2013) 369 final .
[4]               P7_TA(2013)0052 and P7_TA(2013)0053.
[5]               Council Decision 2013/208/EU of 22 April 2013.
[6]               COM(2012) 750 final.
[7]               COM(2012) 751 final.
[8]               SWD(2013) 121 final.
[9]               Under Article 5(2) of Council Regulation (EC) No
1466/97.


title: Council Recommendation of 7 January 2014 on the appointment of a member of the Executive Board of the European Central Bank

text:
               11.1.2014

               EN

               Official Journal of the European Union

               C 8/1

         COUNCIL RECOMMENDATION
   of 7 January 2014
   on the appointment of a member of the Executive Board of the European Central Bank
   2014/C 8/01
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 283(2) thereof,
   Having regard to Protocol (No 4) on the Statute of the European System of Central Banks and of the European Central Bank, and in particular Article 11.2 thereof,
   HEREBY RECOMMENDS TO THE EUROPEAN COUNCIL:
   To appoint Ms Sabine LAUTENSCHLÄGER as member of the Executive Board of the European Central Bank for a term of office of 8 years.

      Done at Brussels, 7 January 2014.

            For the Council

            The President

         D. KOURKOULAS


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52001HB0002

Recommendation of the European Central Bank of 1 March 2001 for a Council regulation concerning an amendment to Council Regulation (EC) No 2531/98 of 23 November 1998 concerning the application of minimum reserves by the European Central Bank (ECB/2001/2)

Official Journal C 089 , 20/03/2001 P. 0004 - 0006

Recommendation of the European Central Bankof 1 March 2001for a Council regulation concerning an amendment to Council Regulation (EC) No 2531/98 of 23 November 1998 concerning the application of minimum reserves by the European Central Bank(ECB/2001/2)(2001/C 89/05)EXPLANATORY MEMORANDUMI. IntroductionArticle 123(1) of the Treaty establishing the European Community (hereinafter referred to as the "Treaty") requires the Council of the European Union (hereinafter referred to as the "Council"), as soon as it has confirmed which Member States fulfil the necessary conditions for the adoption of a single currency, to adopt the complementary legislation referred to in Article 107(6) of the Treaty and Article 42(1) of the Statute of the European System of Central Banks and of the European Central Bank (hereinafter referred to as the "statute"). A special procedure is foreseen within the Treaty for the adoption of the provisions referred to in Article 107(6): the Council shall adopt them either on a proposal from the Commission or on a recommendation from the European Central Bank (ECB). To avoid any duplication of effort before the start of stage III of economic and monetary union, the European Monetary Institute and the Commission agreed that the ECB would prepare a recommendation for a Council regulation in accordance with Article 19.2 of the statute. On 7 July 1998, the ECB submitted to the Council Recommendation 98/C 246/06 for a Council regulation (EC) concerning the application of minimum reserves by the European Central Bank(2). On 23 November 1998, the Council adopted Regulation (EC) No 2531/98 concerning the application of minimum reserves by the European Central Bank(3). It would be consistent to apply the same procedure to introduce the proposed amendments to Regulation (EC) No 2531/98.The first sentence of Article 7(2) of Regulation (EC) No 2531/98 stipulates in general that whenever a sanction is imposed in accordance with Article 7(1), the principles and procedures set out in Council Regulation (EC) No 2532/98 of 23 November 1998 concerning the powers of the European Central Bank to impose sanctions(4) shall apply. However, the second sentence of Article 7(2) of Regulation (EC) No 2531/98 has provided for some deviations. In particular, it stipulates that the period referred to in Article 3(7) of Regulation (EC) No 2532/98 shall be reduced.Article 3(7) of Regulation (EC) No 2532/98 stipulates that: "If no decision has been taken by the Governing Council of the ECB within two months of the request, the undertaking concerned may request a judicial review of the decision of the Executive Board in accordance with the Treaty". Article 7(2) of Regulation (EC) No 2531/98 has reduced this period to 15 days by stating that: "Whenever a sanction is imposed in accordance with paragraph 1, the principles and procedures set out in Regulation (EC) No 2532/98 shall apply. However, Article 2(1) and (3) and Article 3(1), (2), (3) and (4) of that Regulation shall not be applicable, and the periods referred to in Article 3(6), (7) and (8) thereof shall be reduced to fifteen days".The experience of the ECB in handling a request of review by the Governing Council of a decision of the Executive Board to impose a sanction for non-compliance with the obligation to hold the required level of minimum reserves has proved that the reduced period of 15 days does not provide for sufficient time for the Governing Council (i) to assess the complexity of the case in a comprehensive manner; (ii) to comply with the procedural requirements which derive from the right of defence of the undertakings; and (iii) to satisfy the procedural requirements for the Governing Council to take a decision. Only due to these requirements, it would be impossible for the Governing Council to take a decision and this would entitle, after the expiry of the 15-day period, an undertaking to directly lodge a request for judicial review by the European Court of Justice without the Governing Council having delivered a decision on the request for review.To prevent such situations, which may render the review procedure ineffective, the ECB should like to kindly request the Council to extend the 15-day time limit for the review of sanctions in the field of minimum reserves, in order to ensure a proper functioning of the review procedure.It is therefore proposed to revert back to the normal two months period by deleting the reference made to Article 3(7) of Regulation (EC) No 2532/98 in Article 7(2) of Regulation (EC) No 2531/98, as follows: "Whenever a sanction is imposed in accordance with paragraph 1, the principles and procedures set out in Regulation (EC) No 2532/98 shall apply. However, Article 2(1) and (3) and Article 3(1), (2), (3) and (4) of that Regulation shall not be applicable, and the periods referred to in Article 3(6) and (8) thereof shall be reduced to 15 days".II. Comments on the articlesArticle 1 - AmendmentThis article proposes to delete the current reference to the reduced period for the Governing Council of the ECB to take a decision in response to a request for review of a sanction decided by the Executive Board of the ECB. As a result, the normal period of two months which is stated in Regulation (EC) No 2532/98 would also apply in the cases of non-compliance with the obligation to hold the required amount of minimum reserves.Article 2 - Final provisionsThis Regulation shall enter into force on the day of its publication in the Official Journal of the European Communities and shall apply to requests made after the date of publication.(1) Article 42 of the statute states: "In accordance with Article 107(6) of this Treaty, immediately after the decision on the date for the beginning of the third stage, the Council, acting by a qualified majority either on a proposal from the Commission and after consulting the European Parliament and the ECB or on a recommendation from the ECB and after consulting the European Parliament and the Commission, shall adopt the provisions referred to in Articles 4, 5.4, 19.2, 20, 28.1, 29.2, 30.4 and 34.3 of this statute".(2) OJ C 246, 6.8.1998, p. 6.(3) OJ L 318, 27.11.1998, p. 1.(4) OJ L 318, 27.11.1998, p. 4.SUGGESTED AMENDMENT TO COUNCIL REGULATION (EC) No 2531/98 CONCERNING THE APPLICATION OF MINIMUM RESERVES BY THE EUROPEAN CENTRAL BANK"THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Statute of the European System of Central Banks and of the European Central Bank (hereinafter referred to as the 'statute') and in particular to Article 19.2 thereof,Having regard to the recommendation of the European Central Bank (ECB),Having regard to the opinion of the European Parliament,Having regard to the opinion of the Commission,Acting in accordance with the procedure laid down in Article 107(6) of the Treaty establishing the European Community and in Article 42 of the statute and under the conditions set out in Article 43.1 of the statute, paragraph 8 of the protocol on certain provisions relating to the United Kingdom of Great Britain and Northern Ireland and paragraph 2 of the protocol on certain provisions relating to Denmark,Whereas:(1) The Council adopted on 23 November 1998 Regulation (EC) No 2531/98 concerning the application of minimum reserves by the European Central Bank(1).(2) Specific sanctions and procedures are set out in Regulation (EC) No 2531/98, providing for a simplified procedure for the imposition of sanctions in the event of certain kinds of infringements but referring to Council Regulation (EC) No 2532/98 of 23 November 1998 concerning the powers of the European Central Bank to impose sanctions(2) for the principles and procedures relating to the imposition of sanctions.(3) The experience with the review procedure laid down in Article 3(7) of Regulation (EC) No 2532/98 and simplified by Article 7(2) of Regulation (EC) No 2531/98 has proved that the reduced period of 15 days does not provide for sufficient time for the Governing Council to take a proper decision.(4) In order to provide for an effective review procedure, the period for the Governing Council to take a decision has to be extended to two months,HAS ADOPTED THIS REGULATION:Article 1AmendmentIn Article 7(2) of Regulation (EC) No 2531/98, the reference to Article 3(7) of Regulation (EC) No 2532/98 shall be deleted.Article 2Final provisionsThis regulation shall enter into force on the day of its publication in the Official Journal of the European Communities.The provisions of this regulation shall apply to requests which are made after the date of publication of this Regulation. To this purpose, the date on which the request is received by the ECB is relevant.This regulation shall be binding in its entirety and directly applicable in all Member States."This recommendation is addressed to the Council of the European Union.This recommendation shall be published in the Official Journal of the European Communities.Done at Frankfurt am Main on 1 March 2001.The President of the ECBWillem F. Duisenberg(1) OJ L 318, 27.11.1998, p. 1.(2) OJ L 318, 27.11.1998, p. 4.


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31995H0112

95/112/EC: Council Recommendation of 20 March 1995 concerning the discharge to be given to the Commission in respect of the implementation of the operations of the European Development Fund (1984) (Sixth EDF) for the financial year 1993

Official Journal L 080 , 08/04/1995 P. 0044 - 0044

COUNCIL RECOMMENDATION of 20 March  1995 concerning the discharge to be given to the Commission in respect of the implementation of the  operations of the European Development Fund (1984) (Sixth EDF) for the financial year 1993  (95/112/EC)THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, and in particular Article 206  thereof, Having regard to the Third ACP-EEC Convention, signed at Lomé on 8 December 1984, Having regard to Council Decision 86/283/EEC of 30 June 1986 on the association of the overseas  countries and territories with the European Economic Community  (1), Having regard to the Internal Agreement on the financing and administration of Community aid  (2),  signed in Brussels on 19 February 1985, as amended by Decision 86/281/EEC  (3), and in particular  Article 29 (3) thereof, Having regard to the Financial Regulation of 11 November 1986 applicable to the Sixth European  Development Fund  (4), and in particular Articles 66 to 73 thereof, Having examined the revenue and expenditure account and the balance sheet relating to the  operations of the European Development Fund (1984) (Sixth EDF) as at 31 December 1993 and the Court  of Auditors' report relating to the financial year 1993 together with the Commission's replies   (5), Whereas, pursuant to Article 29 (3) of the Internal Agreement, the discharge for the management of  the European Development Fund (1984) (Sixth EDF) must be given to the Commission by the European  Parliament on a recommendation from the Council; Whereas the overall implementation by the Commission of the operations of the European Development  Fund (1984) (Sixth EDF) during the financial year 1993 has been satisfactory, HEREBY RECOMMENDS that the European Parliament give the Commission a discharge in respect of the  implementation of the operations of the European Development Fund (1984) (Sixth EDF) for the  financial year 1993. Done at Brussels, 20 March 1995. For the Council The President E. ALPHANDÉRY


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31996H0733

96/733/EC: Commission Recommendation of 9 December 1996 concerning Environmental Agreements implementing Community directives (Text with EEA relevance)

Official Journal L 333 , 21/12/1996 P. 0059 - 0061

COMMISSION RECOMMENDATION of 9 December 1996 concerning Environmental Agreements implementing Community directives (Text with EEA relevance) (96/733/EC)THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community, and in particular the second indent of Article 155 thereof,Whereas the Resolution of the Council and the Representatives of the Governments of the Member States, meeting within the Council on 1 February 1993, on a Community programme of policy and action in relation to the environment and sustainable development (1) recognizes that the involvement of all levels of society in a spirit of shared responsibility requires a deepening and broadening of the range of instruments to complement normative legislation;Whereas that Community programme indicates that legislative measures alone are not sufficient to bring about changes in current trends and practices;Whereas despite some progress, broadening the range of instruments has proved more difficult than was envisaged, so that more efforts are needed to encourage market-based instruments;Whereas agreements between public authorities and industry ('Environmental Agreements`) are a policy instrument which can cost-effectively contribute to achieving environmental objectives by encouraging a pro-active approach from industry;Whereas the Commission wishes to promote the use of Environmental Agreements and, in its Communication to the Council and the European Parliament regarding Environmental Agreements (2), has outlined the advantages and the criteria for the success of such agreements;Whereas Environmental Agreements might in certain circumstances complement legislation or replace otherwise more detailed legislation when they are used as a means for implementing certain provisions of directives;Whereas directives are binding upon each Member State as to the result to be achieved, so that Member States using agreements to implement a directive need to be able at any time to guarantee the results imposed by that directive;Whereas, in order to ensure full compliance with Community directives, Environmental Agreements implementing certain provisions of directives need to take a binding form and should meet the requirements ensuring their transparency, credibility and reliability;Whereas directives should specifically list the provisions of a directive which may be implemented by an Environmental Agreement;Whereas binding requirements for agreements implementing the stated provisions of a directive should be laid down in those directives;Whereas Member States should ensure that such Environmental Agreements comply both with the Treaty and in particular its internal market requirements and competition rules, and also with Council Directive 83/189/EEC of 28 March 1983 laying down a procedure for the provision of information in the field of technical standards and regulations (3), as last amended by Commission Decision 93/139/EC (4);Whereas Environmental Agreements as well as all relevant information concerning them should be formally notified to the Commission alongside other national measures taken to implement the Directive, in order to permit verification of their effectiveness as a means of transposition,HEREBY RECOMMENDS:1. The purpose of this Recommendation is to give guidelines for the use of agreements between public authorities and the economic sectors concerned ('Environmental Agreements`) as a means of implementing Community Directives in the field of the environment.2.1 Where provisions in Directives in the field of the environment explicitly allow for implementation by way of Environmental Agreements, Member States should observe the following guidelines.2.2 Agreements should in all cases(a) take the form of a contract, enforceable either under civil or under public law;(b) specify quantified objectives and indicate intermediary objectives with the corresponding deadlines;(c) be published in the national Official Journal or as an official document equally accessible to the public;(d) provide for the monitoring of the results achieved, for a regular reporting to the competent authorities and for appropriate information to the public;(e) be open to all partners who wish to meet the conditions of the agreement.2.3 Agreements should, where appropriate,(a) establish effective arrangements for the collection, evaluation and verification of the results achieved;(b) require the participating companies to make available the information regarding the implementation of the agreement to any third person under the same conditions applying to public authorities under Council Directive 90/313/EEC of 7 June 1990 on the freedom of access to information on the environment (5);(c) establish dissuasive sanctions such as fines, penalties or the withdrawal of a permit, in case of non-compliance.3.1 In concluding environmental agreements, the competent authority should make provision for examining the progress reached under the agreement and for taking additional measures in due time, if this is necessary to fulfil the obligations under the Directive.3.2 As a party to the agreement, the national authority should also ensure its compatibility with the Treaty and in particular with the Treaty's internal market requirements and competition rules and also with Directive 83/189/EEC.4. When used as a means of implementing Community directives, Environmental Agreements, together with all relevant information concerning them, should be notified to the Commission at the same time as other national measures taken to implement the directive, in order to allow verification of their effectiveness as a means of transposition.5. This Recommendation is addressed to the Member States.Done at Brussels, 9 December 1996.For the CommissionRitt BJERREGAARDMember of the Commission(1) OJ No C 138, 17. 5. 1993, p. 1.(2) COM(96) 561 final.(3) OJ No L 109, 26. 4. 1983, p. 8.(4) OJ No L 32, 10. 2. 1996, p. 31.(5) OJ No L 158, 23. 6. 1990, p. 56.


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52002HB0013

Recommendation of the European Central Bank of 19 December 2002 to the Council of the European Union on the external auditors of the European Central Bank and Suomen Pankki (ECB/2002/13)

Official Journal C 331 , 31/12/2002 P. 0056 - 0056

Recommendation of the European Central Bankof 19 December 2002to the Council of the European Union on the external auditors of the European Central Bank and Suomen Pankki(ECB/2002/13)(2002/C 331/08)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 to Article 27.1 thereof,Whereas:(1) The accounts of the European Central Bank and of the national central banks of the Eurosystem are audited by independent external auditors recommended by the Governing Council and approved by the Council of the European Union.(2) The mandate of the current external auditor of the ECB expires in 2003. It is therefore necessary to appoint an external auditor from 2003. The mandate of the external auditor should be for five years.(3) The mandate of Suomen Pankki's external auditor was not renewed from 2003 due to the closure of the external auditor expected for the middle of 2003 and due to the policy of inviting tenders at regular intervals. It is therefore necessary to appoint an external auditor from 2003. The mandate of the external auditor should be for five years,HEREBY RECOMMENDS:KPMG Deutsche Treuhand-Gesellschaft AG Wirtschaftsprüfungsgesellschaft as the external auditor of the ECB;Ernst &  Young Oy as the external auditor of Suomen Pankki.This recommendation shall be published in the Official Journal of the European Communities.Done at Frankfurt am Main on 19 December 2002.The President of the ECBWillem F. Duisenberg


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31981K0772

81/772/ECSC: Commission Recommendation of 10 September 1981 amending High Authority Recommendation No 1-64 concerning an increase in the protective duty on iron and steel products at the external frontiers of the Community

Official Journal L 285 , 07/10/1981 P. 0033 - 0033 Finnish special edition: Chapter 13 Volume 11 P. 0181  Swedish special edition: Chapter 13 Volume 11 P. 0181  Spanish special edition: Chapter 11 Volume 15 P. 0003  Portuguese special edition Chapter 11 Volume 15 P. 0003

COMMISSION RECOMMENDATION of 10 September 1981 amending High Authority recommendation No 1-64 concerning an increase in the protective duty on iron and steel products at the external frontiers of the Community (81/772/ECSC)  THE COMMISSION OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Coal and Steel Community, and in particular Article 74 thereof,  Whereas High Authority recommendation No 1-64 (1), as last amended by recommendation No 1905/78/ECSC (2), required the Member States to increase the protective duty on iron and steel products at the external frontiers of the Community;  Whereas the said recommendation was designed to be fully compatible with constructive participation by the Community in the multilateral trade negotiations held within GATT;  Whereas the representatives of the Governments of the Member States of the European Coal and Steel Community, meeting within the Council, have approved, by a Decision of 10 December 1979 (3), the Geneva (1979) Protocol resulting from the 1973 to 1979 multilateral trade negotiations in so far as the said Protocol concerns products coming under the ECSC Treaty and duly identified as such in the schedule of Community concessions annexed to the Protocol ; whereas such concessions are applicable with effect from 1 January 1982;  Whereas it should be specified in Article 2 of the abovementioned recommendation that the provision in question also applies to obligations resulting from the Geneva (1979) Protocol or from other tariff agreements concluded within GATT,  HAS ADOPTED THIS RECOMMENDATION:    Article 2 Article 2 (1) of recommendation No 1-64 is hereby replaced by the following:  "1. This recommendation shall not apply where, in respect of specific tariff headings, it would entail disregard of the bound tariff concessions accorded to Contracting Parties to the GATT, including obligations resulting from tariff agreements concluded within the framework of the GATT by the Community or its Member States acting in agreement".   Article 2 This recommendation is addressed to the Member States.  It shall be published in the Official Journal of the European Communities.     Done at Brussels, 10 September 1981.  For the Commission  Wilhelm HAFERKAMP  Vice-President  (1) OJ No 8, 22.1.1964, p. 99/64. (2) OJ No L 217, 8.9.1978, p. 5. (3) OJ No L 71, 17.3.1980, p. 179.