Avis juridique important

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31970H0112

70/112/EEC: Commission Recommendation of 23 January 1970 on the organization of the central customs administration departments responsible for applying the provisions concerning the customs valuation of goods  /* Unofficial translation */

Official Journal L 027 , 04/02/1970 P. 0010 - 0010 English special edition: Series IV Chapter 1965-1972 P. 0028  Greek special edition: Chapter 02 Volume 1 P. 0089  Spanish special edition: Chapter 02 Volume 1 P. 0065  Portuguese special edition Chapter 02 Volume 1 P. 0065

COMMISSION RECOMMENDATION  of 23 January 1970  on the organization of the central customs administration departments responsible for applying provisions on the valuation of goods for customs purposes  (70/112/EEC)  I  The primary objective of Council Regulation (EEC) No 803/68 of 27 June 1968 on the valuation of goods for customs purposes is to ensure uniformity in valuation for customs purposes in the Member States, thereby avoiding deflections of trade, activities and customs receipts. The basic Regulation is also designed to ensure equal treatment of importers as regards the collection of customs duties.  If these objectives are to be attained the basic Regulation must be supplemented by a number of implementing provisions.  With a view to the introduction of a Community procedure which would allow for the adoption of these implementing provisions within a reasonable time limit and the organization of close cooperation between the Member States and the Commission, draft provisions laying down detailed rules for the application of the basic Regulation are referred for an opinion to the Customs Valuation Committee set up under that Regulation. The committee also examines matters relating to the practical application of the basic Regulation. This examination has revealed that there are substantial differences in the matter of valuation and that, because of these differences, the customs clearance of some goods has on occasion been switched from the Member State of destination to another Member State where the valuation is more advantageous.  The committee is now conducting a comparative study in certain practical cases of conditions governing the importation of particular goods into the different Member States. These include cases where the invoice price is not available or is questionable from the valuation point of view. The abject is to arrive at a common method of valuation in such cases.  A review of national practices in this field has shown that value for customs purposes is often determined on the basis of factors which are not comparable. One result is the application of appreciably different adjustments, leading to differences in agreed values for customs purposes and hence differences between the customs duty collected.   II  It is important that such situations be examined without delay and with full knowledge of the facts. Commission Regulation (EEC) No 375/69 of 27 February 1969 provides an effective means of obtaining the necessary information. Since 1 July 1969, the date on which that Regulation entered into force, the customs departments of Member States have been furnished with all particulars which may have a bearing on value for customs purposes. However, the information given by a person making a customs declaration can be put to effective use only if it is dealt with centrally by a specialized and adequately staffed department.  It is clear from the above that the valuation problems to be solved by national administrations have taken on a new dimension. For this reason the administrative departments responsible for valuation, which were able to cope in the past, now need to be reorganized to meet the demands imposed on them by the application of Community Regulations.   III  For these reasons, the Commission recommends the Member States, pursuant to Article 155 of the Treaty establishing the European Economic Community:    - to ensure that the application by regional and local authorities of provisions on valuation for customs purposes laid down by law or administrative action is coordinated and supervised by central authorities;        - to distribute for use by regional and local authorities instructions aimed at promoting the uniform application of these provisions in the territory of the Member State, in accordance with Council Regulation (EEC) No 803/68 of 27 June 1968 on the valuation of goods for customs purposes, and the provisions adopted in implementation of that Regulation;       - to ensure that full details of the methods used to determine the value of goods for customs purposes, notably, in cases where an invoice price which could be used as a basis for valuation is not available or in need of adjustment, are constantly available.         Done at Brussels, 23 January 1970.  For the Commission  The President  Jean REY


title: Commission recommendation No 159/78/ECSC of 27 January 1978 imposing a provisional anti-dumping duty on certain angles, shapes and sections, of iron and steel, not further worked than hot-rolled or extruded, originating in Spain

text:
28 . 1 . 78                             Official Journal of the European Communities                                  No L 23/31
                               COMMISSION RECOMMENDATION No 159/78 / ECSC
                                                        of 27 January 1978
                imposing a provisional anti-dumping duty on certain angles, shapes and
                sections, of iron and steel , not further worked than hot-rolled or extruded, origi
                                                          nating in Spain
THE COMMISSION OF THE EUROPEAN                                      347 000 tonnes in 1974 to 240 000 tonnes during the
COMMUNITIES,                                                        first six months of 1977, imports originating in Spain
                                                                    having risen from 32 000 tonnes to 117 000 tonnes in
Having regard to the Treaty establishing the European               the same period, and that, as a result, they have been
Coal and Steel Community, and in particular Articles                able to acquire a market share cf 10-6 % in total and
74 and 86 thereof,                                                  5 % for imports originating in Spain in the Commu
                                                                    nity and that, on the other hand, the Community steel
Having regard to Commission recommendation                          industry is in a crisis situation characterized by a
77/329/ ECSC on protection against dumping or the                   reduction of about 21 % in the deliveries of the
granting of bounties or subsidies by countries which                products concerned between 1974 and 1977 in the
are not members of the European Coal and Steel                      Community and by a reduction in the number
Community ('), as amended by recommendation No                      employed from 780 000 to 720 000 between 1974 and
3004/77/ ECSC (2), and in particular Articles 15 and 19              1977 and by short-time working and that, as a result,
thereof,                                                            the Community steel industry recorded a reduction in
                                                                    profits or serious losses in most of the firms
Having heard the opinions expressed within the Advi                concerned ;
sory Committee provided for by recommendation
77/329 / EEC,
                                                                    Whereas, in order to remedy this situation, the
Whereas the Commission has received a complaint,                    Commission has introduced inter alia a system of
submitted in the name of the relevant Community                     guidance prices (4) for sales within the Community of
industry, setting out evidence as to the existence of               certain steel products produced by the European steel
dumping or the granting of bounties or subsidies on                 industry ;
certain angles, shapes and sections, of iron and steel,
not further worked than hot-rolled or extruded, origi              Whereas the imports into the Community of products
nating in Spain , and of material injury resulting there           originating in Spain are considerably lower than these
from ;                                                              guidance prices and that such undercutting prevents
                                                                    the European producers from achieving the guidance
Whereas       the    Commission       has    published     basis    prices and jeopardizes the equilibrium of the entire
prices (3) based on the lowest normal prices or costs of            pricing system and threatens to cause material injury
production in the supplying countries where normal                  to the Community industry or to a major part of it ;
conditions of competition prevail, including the costs
of transport, insurance and customs duties ;
                                                                    Whereas immediate action has been requested by a
Whereas the prices of imports into the Community of                 Member State ;
the products which are the subject of the complaint
have been compared with these basis prices ;
                                                                    Whereas, in the serious conditions being experienced
Whereas a preliminary examination of the matter                     by the Community steel industry, the interests of the
based on this comparison shows that these products,                 Community require immediate action ;
originating in Spain, are offered for import within the
Community (the French market) at prices lower than                  Whereas it is for the Commission, without prejudice
the basis prices and that dumping has taken place, the              to the results of the investigation opened in accor
margin of which is constituted by this undercutting ;               dance with Article 1 1 of recommendation 77/329/
                                                                    ECSC, to decide promptly apply provisional measures
Whereas, with regard to injury to the industry                      consisting of the imposition of a provisional anti
concerned, the evidence submitted to the Commis                    dumping duty on imports of the products concerned,
sion shows that, on the one hand, imports into the                  originating in Spain, the rate of which corresponds to
Community of the products increased globally from                   the difference between the basis price published by
                                                                    the Commission for this product and its price on
(!) OJ No L 114, 5 . 5 . 1977, p. 6 .                               importation into the Community,
(2 ) OJ No L 352, 31 . 12. 1977, p . 13 .
(3 ) Communication from the Commission of 31 December
      1977 concerning the basis prices of certain steel products    (4 ) OJ No L 1 14, 5. 5 . 1977, p . 1 ; OJ No C 174, 22. 7. 1977
     (OJ No L 353 , 31 . 12 . 1977, p. 1 ).                              and OJ No L 352, 31 . 12. 1977, p . 17.
 ---pagebreak--- No L 23/32                        Official Journal of the European Communities                             28 . 1 . 78
HAS ADOPTED THIS RECOMMENDATION :                                                 Article 2
                                                            The entry of the products described in Article 1 for
                       Article 1
                                                            consumption within the Community shall be condi
1 . A provisional anti-dumping duty is hereby               tional upon the deposit of a security for the amount of
imposed on the following products originating in            the provisional duty.
Spain :                                                                           Article 3
— certain angles, shapes and U, I or H sections, of         This recommendation is addressed to the Member
    iron and steel, not further worked than hot-rolled
                                                            States .
    or extruded,
— Common Customs Tariff subheading ex 73.11 A I,            They shall take all necessary measures to ensure that
— NIMEXE codes 73.11-11 , 12, 14 and 16 .                   the provisions apply with effect from 28 January 1978
                                                            for a maximum period of three months.
2. The amount of this duty shall be the amount by
which the effective price (basic price plus extras) esta   Done at Brussels, 27 January 1978 .
blished by contract, free frontier duty-paid, is lower
than the effective price (basic price plus extras)                                   For the Commission
published by the Commission for this product.
                                                                                Wilhelm HAFERKAMP
3 . The provisions in force for the collection of
customs duty shall apply to the collection of this duty.                                 Vice-President


Avis juridique important

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31978K0714

Commission Recommendation No 714/78/ECSC of 6 April 1978 providing for suspension of provisional anti-dumping duties established in relation to imports of steel products originating in Japan

Official Journal L 094 , 08/04/1978 P. 0021 - 0021

++++COMMISSION RECOMMENDATION NO 714/78/ECSC  OF 6 APRIL 1978  PROVIDING FOR SUSPENSION OF PROVISIONAL ANTI-DUMPING DUTIES ESTABISHED IN RELATION TO IMPORTS OF STEEL PRODUCTS ORIGINATING IN JAPAN  THE COMMISSION OF THE EUROPEAN COMMUNITIES ,  HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN COAL AND STEEL COMMUNITY , AND IN PARTICULAR ARTICLE 74 THEREOF ,  HAVING REGARD TO COMMISSION RECOMMENDATION 77/329/ECSC OF 15 APRIL 1977 ON PROTECTION AGAINST DUMPING OR THE GRANTING OF BOUNTIES OR SUBSIDIES BY COUNTRIES WHICH ARE NOT MEMBERS OF THE EUROPEAN COAL AND STEEL COMMUNITY ( 1 ) , AS AMENDED BY RECOMMENDATION NO 3004/77/ECSC ( 2 ) , AND IN PARTICULAR ARTICLES 15 AND 19 THEREOF ,  HAVING HEARD THE OPINIONS EXPRESSED WITHIN THE ADVISORY COMMITTEE PROVIDED FOR BY RECOMMENDATION 77/329/ECSC ,  WHEREAS THE COMMISSION HAS ESTABLISHED , BY RECOMMENDATIONS NO 121/78/ECSC ( 3 ) , NO 161/78/ECSC ( 4 ) , NO 245/78/ECSC ( 5 ) , NO 263/78/ECSC ( 6 ) , AND NO 359/78/ECSC ( 7 ) , PROVISIONAL ANTI-DUMPING DUTIES IN RELATION TO IMPORTS OF STEEL PRODUCTS ORIGINATING IN JAPAN ;  WHEREAS SINCE THAT TIME CERTAIN ARRANGEMENTS HAVE BEEN MADE BETWEEN THE COMMUNITY AND THE JAPANESE GOVERNMENT WITH RESPECT TO TRADE IN STEEL PRODUCTS ;  WHEREAS THESE ARRANGEMENTS , WHICH THE COMMISSION DEEMS REASONABLE , ALLOW THE FURTHER APPLICATION OF PROVISIONAL ANTI-DUMPING DUTIES TO BE SUSPENDED , WITHOUT PREJUDICE HOWEVER TO THE SUBSEQUENT DECISION OF THE COMMISSION WITH RESPECT TO THE TREATMENT TO BE ACCORDED TO THE AMOUNTS GUARANTEED BY WAY OF PROVISIONAL DUTY ,  HAS ADOPTED THIS RECOMMENDATION :  ARTICLE 1  THE APPLICATION OF PROVISIONAL ANTI-DUMPING DUTIES ESTABLISHED BY COMMISSION RECOMMENDATIONS NO 121/78/ECSC , NO 161/78/ECSC , NO 245/78/ECSC , NO 263/78/ECSC AND NO 359/78/ECSC IN RELATION TO IMPORTS OF STEEL PRODUCTS ORIGINATING IN JAPAN IS SUSPENDED FROM THE DATE OF THE ENTRY INTO FORCE OF THIS RECOMMENDATION .  THIS RECOMMENDATION DOES NOT PREJUDICE THE DECISION WHICH THE COMMISSION MAY TAKE SUBSEQUENTLY WITH RESPECT TO THE TREATMENT TO BE ACCORDED TO THE SUMS GUARANTEED UP TO THIS DATE BY WAY OF PROVISIONAL DUTIES .  NO OTHER ANTI-DUMPING DUTY NOR OTHER SIMILAR MEASURES WILL BE APPLIED TO IMPORTS OF STEEL PRODUCTS FALLING UNDER THE ECSC TREATY AND ORIGINATING IN JAPAN UNLESS A COUNTER RECOMMENDATION IS MADE BY THE COMMISSION .  ARTICLE 2  THIS RECOMMENDATION IS ADDRESSED TO THE MEMBER STATES . IT SHALL ENTER INTO FORCE IN RESPECT OF EACH MEMBER STATE FROM THE DATE OF ITS PUBLICATION IN THE OFFICIAL JOURNAL OF THE EUROPEAN COMMUNITIES .  DONE AT BRUSSELS , 6 APRIL 1978 .  FOR THE COMMISSION  WILHELM HAFERKAMP  VICE-PRESIDENT  ( 1 ) OJ NO L 114 , 5 . 5 . 1977 , P . 6 .  ( 2 ) OJ NO L 352 , 31 . 12 . 1977 , P . 13 .  ( 3 ) OJ NO L 19 , 24 . 1 . 1978 , P . 9 .  ( 4 ) OJ NO L 23 , 28 . 1 . 1978 , P . 35 .  ( 5 ) OJ NO L 37 , 7 . 2 . 1978 , P . 13 .  ( 6 ) OJ NO L 39 , 9 . 2 . 1978 , P . 15 .  ( 7 ) OJ NO L 50 , 22 . 2 . 1978 , P . 13 .


/* 67/741/EEC: Commission Recommendation of 28 November 1967 to the Member States on the utilization, for certain goods transport operations by road, of authorizations conforming to the models given in the Council Directive of 13 May 1965 concerning the standardization of certain rules relating to authorizations for the carriage of goods by road between Member States */


title: Council Recommendation of 10 July 2012 on the National Reform Programme 2012 of Germany and delivering a Council opinion on the Stability Programme of Germany, 2012-16

text:
               24.7.2012

               EN

               Official Journal of the European Union

               C 219/35

         COUNCIL RECOMMENDATION
   of 10 July 2012
   on the National Reform Programme 2012 of Germany and delivering a Council opinion on the Stability Programme of Germany, 2012-16
   2012/C 219/10
   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 the recommendation of the European Commission,
   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 jobs and growth, Europe 2020, based on enhanced coordination of economic policies, which focuses on the key areas where action is needed to boost Europe’s potential for sustainable growth and competitiveness.

               (2)

               On 13 July 2010, the Council 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 (2), 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 12 July 2011, the Council adopted a recommendation (3) on Germany’s National Reform Programme for 2011 and delivered its opinion on Germany’s updated Stability Programme for 2011-14.

               (4)

               On 23 November 2011, the Commission adopted the second Annual Growth Survey, marking the start of the second European Semester of ex ante and integrated policy coordination, which is anchored in the Europe 2020 strategy. On 14 February 2012, the Commission, on the basis of 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 (4), adopted the Alert Mechanism Report, in which it did not identify Germany as one of the Member States for which an in-depth review would be carried out.

               (5)

               On 1 December 2011, the Council adopted conclusions calling on the Social Protection Committee, in cooperation with the Employment and other Committees, to present its views on actions recommended within the Europe 2020 policy cycle. These views form part of the opinion of the Employment Committee.

               (6)

               The European Parliament has been duly involved in the European Semester, in accordance with Regulation (EC) No 1466/97, and, on 15 February 2012, adopted a resolution on employment and social aspects in the Annual Growth Survey 2012 and a resolution on the contribution to the Annual Growth Survey 2012.

               (7)

               On 2 March 2012, 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.

               (8)

               On 2 March 2012, the European Council also invited the Member States participating in the Euro Plus Pact to present their commitments in time to be included in their Stability or Convergence Programmes and in their National Reform Programmes.

               (9)

               On 18 April 2012, Germany submitted its Stability Programme for the period 2012-16 and, on 12 April 2012, its 2012 National Reform Programme. In order to take account of their interlinkages, the two programmes have been assessed at the same time.

               (10)

               According to the first 2012 notification of deficit and debt figures by Germany for the years 2008-11 for the application of the excessive deficit procedure, the general government deficit in 2011 was below the 3 % of GDP Treaty reference value. Moreover, the Commission services’ 2012 spring forecast projects the general government deficit to stay below the Treaty reference value and to further decline over the forecast period. As a result, and in line with the provisions of the Stability and Growth Pact, on 30 May, the Commission adopted a recommendation for a Council decision abrogating the decision on the existence of an excessive deficit under Article 126(12) of the Treaty (5).

               (11)

               Based on the assessment of the Stability Programme pursuant to Regulation (EC) No 1466/97, the Council is of the opinion that the macroeconomic scenario underpinning the budgetary projections in that Programme is plausible. The Stability Programme’s projections for 2012-13 are broadly in line with the Commission services’ 2012 spring forecast as regards the pace and pattern of economic growth as well as labour market developments. The Stability Programme’s projections for economic growth in the outer years are broadly in line with the Commission’s estimate of Germany’s medium-term potential growth rate. The objective of the budgetary strategy outlined in the Stability Programme is to meet the medium-term budgetary objective (MTO) already in 2012 and to reach virtually balanced nominal budgets as from 2014, starting from a nominal deficit of 1,0 % of GDP in 2011, thus below the 3 % of GDP Treaty reference value, significantly ahead of the 2013 deadline. The Stability Programme specifies the previous MTO of a structural deficit of ½ % of GDP, (interpreted as a narrow range around 0,5 % of GDP), which adequately reflects the requirements of the Stability and Growth Pact, to imply a deficit not exceeding 0,5 % of GDP. Risks to the deficit and debt targets may arise in particular if additional measures to stabilise the financial sector turn out to be required. Based on the (recalculated) structural budget balance (6), Germany plans to respect its MTO throughout the Stability Programme period, which should also be the case taking into account the risk assessment. According to the information provided in the Stability Programme and also taking into account the risk assessment, the growth rate of government expenditure, taking into account discretionary revenue measures, would exceed the expenditure benchmark of the Stability and Growth Pact in 2012, while respecting it in 2013.
               Gross debt is planned to increase by 0,8 percentage points to 82,0 % of GDP in 2012, before falling to 80 % of GDP in 2013 and remaining on a downward path thereafter. Following the correction of the excessive deficit, Germany is in a transitional period and, according to its plans, is making sufficient progress towards compliance with the debt reduction benchmark of the Stability and Growth Pact.

               (12)

               The Federal Government has taken measures to improve the efficiency of public spending on healthcare and has proposed a reform of long-term care. Additional efforts to improve efficiency in health care are necessary to contain expected further expenditure increases. The proposed reform of long-term care is also insufficient to cope with expected future cost increases. There is scope for improving the efficiency of the tax system. The Federal Government is well on track to meet its commitment to increase growth-enhancing spending on education and research. However, it also remains important that the Länder and municipalities, which bear the bulk of expenditure on education and research, ensure adequate and efficient spending in those areas. The introduction of the new constitutional debt brake has further strengthened the German fiscal framework. However, there has been no significant progress in the implementation of the budgetary rule at Länder level.

               (13)

               Substantial public support for the financial sector, in conjunction with the sector’s own adjustment efforts and the beneficial effects of the rebound of the German economy, has stabilised the sector as a whole. Despite the overall relatively stable financial sector and the absence of a credit crunch, there remain weaknesses, in particular, the structural problems of some Landesbanken, in particular the lack of a viable business model, weak governance structures and vulnerabilities due to a high degree of dependence on wholesale funding.

               (14)

               The good performance of the German labour market, with increasing employment and moderate unemployment, has not benefited all participants to the same extent and wages have not always increased in line with productivity. Fiscal disincentives arising from the high tax wedge, in particular due to the high social security contributions, continue to hinder in particular the integration of low-wage earners into the labour market. Extensive use of mini-jobs leads to low acquisition of pension rights. Therefore, there is a need to improve the transition from mini-jobs to more stable forms of contracts. The recent reform of labour market instruments should support employment opportunities for all. Raising the effectiveness of the education system and the educational achievement of disadvantaged groups is a major challenge for Germany. In the medium to long term, ensuring the availability of qualified labour will be crucial to mitigate the negative effects of demographic changes on potential growth. The low full-time participation of women in the labour force is a concern. Fiscal disincentives for second earners and the lack of full-time childcare facilities and all-day schools hinder female labour market participation.

               (15)

               Germany is pursuing a major reform of the energy system. The overall economic costs of transforming the energy system should be minimised by accelerating the national and cross-border network expansion, continuously increasing the cost-effectiveness of climate and renewables policies, taking decisive steps to further foster energy efficiency, and raising competition in the energy markets. Given Germany’s central geographical position, the German railway system has a significant impact on the overall European railway system. Competition in the passenger and freight rail markets remains very low, mainly due to the lack of effective separation between the infrastructure manager and the railway holding. Despite progress made in recent years, inter alia, through the implementation of the Directive 2006/123/EC of the European Parliament and of the Council of 12 December 2006 on services in the internal market (7) (‘Services Directive’), there is scope to further stimulate competition and productivity growth in some services sectors.

               (16)

               Germany has made a number of commitments under the Euro Plus Pact. The commitments, and the implementation of the commitments presented in 2011, relate to fostering employment, improving competitiveness, enhancing sustainability of public finances and reinforcing financial stability. The Commission has assessed the implementation of the Euro Plus Pact commitments. The results of this assessment have been taken into account in the recommendations below.

               (17)

               In the context of the European Semester, the Commission has carried out a comprehensive analysis of Germany’s economic policy. It has assessed the Stability Programme and the National Reform Programme. It has taken into account not only their relevance for sustainable fiscal and socioeconomic policy in Germany but also their compliance with EU rules and guidance, given the need to reinforce the overall economic governance of the Union by providing EU-level input into future national decisions. Its recommendations under the European Semester are reflected in recommendations (1) to (4) below.

               (18)

               In the light of this assessment, the Council has examined the Stability Programme, and its opinion (8) is reflected in particular in recommendation (1) below,

         HEREBY RECOMMENDS that Germany take action within the period 2012-13 to:

               1.

               Continue with sound fiscal policies to achieve the MTO by 2012. To this end, implement the budgetary strategy as envisaged, ensuring compliance with the expenditure benchmark as well as sufficient progress towards compliance with the debt reduction benchmark. Continue the growth-friendly consolidation course through additional efforts to enhance the efficiency of public spending on healthcare and long-term care, and by using untapped potential to improve the efficiency of the tax system; use available scope for increased and more efficient growth-enhancing spending on education and research at all levels of government. Complete the implementation of the debt brake in a consistent manner across all Länder, ensuring timely and relevant monitoring procedures and correction mechanisms.

               2.

               Address the remaining structural weaknesses in the financial sector, inter alia, by further restructuring of those Landesbanken which are in need of an adequately funded viable business model while avoiding excessive deleveraging.

               3.

               Reduce the high tax wedge in a budgetary neutral way, in particular for low-wage earners, and maintain appropriate activation and integration measures, in particular for the long-term unemployed. Create the conditions for wages to grow in line with productivity. Take measures to raise the educational achievement of disadvantaged groups, in particular through ensuring equal opportunities in the education and training system. Phase out the fiscal disincentives for second earners, and increase the availability of fulltime childcare facilities and all-day schools.

               4.

               Continue efforts to keep the overall economic costs of transforming the energy system to a minimum, including by accelerating the expansion of the national and cross-border electricity and gas networks. Ensure that the institutional set-up guarantees effective competition in railway markets. Take measures to further stimulate competition in the services sectors, including professional services and certain crafts, in particular in the construction sector.

      Done at Brussels, 10 July 2012.

            For the Council

            The President

         V. SHIARLY

      (1)  OJ L 209, 2.8.1997, p. 1.

      (2)  Maintained for 2012 by Council Decision 2012/238/EU of 26 April 2012 on guidelines for the employment policies of the Member States (OJ L 119, 4.5.2012, p. 47).

      (3)  OJ C 212, 19.7.2011, p. 9.

      (4)  OJ L 306, 23.11.2011, p. 25.

      (5)  The resulting Council Decision 2012/369/EU was adopted on 22 June 2012 (OJ L 179, 11.7.2012, p. 17).

      (6)  Cyclically-adjusted balance net of one-off and temporary measures, recalculated by the Commission services on the basis of the information provided in the Programme, using the commonly agreed methodology.

      (7)  OJ L 376, 27.12.2006, p. 36.

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


title: Recommendation for a Council opinion in accordance with the third paragraph of Article 5 of Council Regulation (EC) n°1466/97 of 7 July 1997 on the updated Stability programme of Luxembourg, 2001-2005

text: ---pagebreak---  ---pagebreak---  ---pagebreak---  ---pagebreak---  ---pagebreak---


title: RECOMMENDATION FOR COUNCIL REGULATION (EEC) concluding the Exchange of Letters relating to Article 9 of Protocol No 1 to the Agreement between the European Economic Community and the State of Israel and concerning the importation into the Community of tomato concentrates from Israel (submitted to the Council by the Commission)

text:
ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (75) 447
Vol. 1975/0170
 ---pagebreak--- Disclaimer
Conformément au règlement (CEE, Euratom) n° 354/83 du Conseil du 1er février 1983
concernant l'ouverture au public des archives historiques de la Communauté économique
européenne et de la Communauté européenne de l'énergie atomique (JO L 43 du 15.2.1983,
p. 1), tel que modifié par le règlement (CE, Euratom) n° 1700/2003 du 22 septembre 2003
(JO L 243 du 27.9.2003, p. 1), ce dossier est ouvert au public. Le cas échéant, les documents
classifiés présents dans ce dossier ont été déclassifiés conformément à l'article 5 dudit
règlement.
In accordance with Council Regulation (EEC, Euratom) No 354/83 of 1 February 1983
concerning the opening to the public of the historical archives of the European Economic
Community and the European Atomic Energy Community (OJ L 43, 15.2.1983, p. 1), as
amended by Regulation (EC, Euratom) No 1700/2003 of 22 September 2003 (OJ L 243,
27.9.2003, p. 1), this file is open to the public. Where necessary, classified documents in this
file have been declassified in conformity with Article 5 of the aforementioned regulation.
In Übereinstimmung mit der Verordnung (EWG, Euratom) Nr. 354/83 des Rates vom 1.
Februar 1983 über die Freigabe der historischen Archive der Europäischen
Wirtschaftsgemeinschaft und der Europäischen Atomgemeinschaft (ABI. L 43 vom 15.2.1983,
S. 1), geändert durch die Verordnung (EG, Euratom) Nr. 1700/2003 vom 22. September 2003
(ABI. L 243 vom 27.9.2003, S. 1), ist diese Datei der Öffentlichkeit zugänglich. Soweit
erforderlich, wurden die Verschlusssachen in dieser Datei in Übereinstimmung mit Artikel 5
der genannten Verordnung freigegeben.
 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                                          COM(75 ) 447 final
                                                          Brussels . 25 July 1975
                              RECOMMENDATION FOR
                            COUNCIL REGULATION (SEC )
           concluding the Exchange of Letters relating to Article 9
                of Protocol No 1 to the Agreement "between the
             European Economic Community and the State of Israel
                               and concerning the
     importation into the Community of tomato concentrates from Israel
                 ( submitted to the Council by the Commission)
   com(75) 447 final
 ---pagebreak---                               EXPLANATORY JESlORâmUM
      The Agreement between the European Economic Community and the State of
Israel was signed in Brussels on 11 May 1975 *
      Article 9 of Protocol No 1 annexed to the Agreement makes provision
for a reduction of the customs duties on imports into the Community of
certain products , including tomato concentrates , originating in Israel ,
subject to the conditions agreed upon by exchange of letters being respected .
      However , article 2 of Council Regulation (ESC ) Mb 1274/75 * concluding
the Agreement made provision for certain products and notably for tomato
concentrate®, that the date of entry into force of the tariff concessions
would be delayed until a certain date to be determined by the Council based
upon a Commission proposal .
      Council Regulation (EEC) Ho       /75 of             having fixed this
date , the Commission recommends the Council to adopt the draft Regulation
on the annexed Exchange of Letters , which lays down the conditions governing
the importation into the Community of tomato concentrates from Israel .
      •Hie Regulation in question should enter into force on          1975 » at
the same time as the above-mentioned regulation .
                              PIUA1TCIAL IMPLICATIONS
                                                                               *
      Upon the basis of the most recent statistical information the
financial incidence can be estimated as being between 20,000 and 30,000 U.C.
 ---pagebreak---                                  Recommendation
                                       for
                         COUNCIL REGULATION ( EEC ) No
                                 OF
  concluding the Exchange of Letters relating to Article 9 of Protocol No 1
 to the Agreement between the European Economic Comnunity and the State of
         Israel and concerning the importation into the Community of
                         tomato concentrates from Israel
THE COUNCIL 0? THE EUROPEAN COWIUNITIES ,          ^ ,
Having regard to the Treaty establishing the European Economic Community ,
and in particular Article 113 thereof ;
Having regard to the Recommendation from the Commission j
Whereas the Agreement between the European Economic Community and the
State of Israel has been signed on 11 May 1975 >
Whereas Council Regulation No       ( EEC ) of         has set the date of
entry into force of the tariff reductions provided for in articles 8 and 9
of Protocol 1 annexed to the Agreement , relating to certain products , and
in particular tomato concentrates ;
Whereas the Exchange of Letters relating to Article ^ of Protocol No 1 to
the Agr^aent between the European Economic Community and the State of Israel
and concerning the importation into the Comnunity of tomato concentrates
from Israel should be concluded j
HAS AD0PÎ3D THIS REGULATION :
                                  Article 1                                 %
      The Exchange of Letters relating to Article 9 of Protocol No 1 to the
Agreement between the European Economic Community and the State of Israel
and concerning the importation into the Community of tomato concentrates
from Israel is concluded on behalf of "the Community ,
      The te:ct of the Exchange of Letters is annexed to this Regulation .
 ---pagebreak---                                          - 2 -
                                       Article 2
       The President of the Council shell "be authorized to designate the person
empowered to sign the Exchange of Letters referred to in Article 1 , and to
invest him with the necessary power to commit the Community .
                                     . Article 3   ...  . .. .
       This Regulation shall enter into force on       July 1975 ( l )»
       This Regulation shall "be "binding- in its entirety and directly - applicable
in all Member States .
Done at Brussels ,                           Por the Council f
                                             The Président
                                              1
 Annex
 ( 1 ) mention the date of entry into force following from Regulation ( EEC)         /75
       written procedure No      /75 (doc . Vl/l346/75 )
 ---pagebreak---                      Draft exchange of letters on the tomato
                     concentrates referred to in Article 9 of
                     Protocol No 1 to the Agreement between the
                     IDuropean Economic Community and the States
                     of Israel signed on 11 Hay 1975
                                     Letter Mo 1
  Sir ,
  In pursuance of Article 9 of Protocol No 1 to the Agreement concluded
  between the European Economic Community and the State of Israel and
  following the clarifications exchanged on the conditions governing imports
  into the Community of tomato concentrates prepared or preserved otherwise
  than by vinegar or acetic acid , falling within subheading No 20.02 ex C of
  the Common Customs Tariff and originating in and coming from Israel , I have
  the honour to inform you that Israel undertakes all necessary measures in
  order that the quantities supplied to the Community from               1975 ( l )
  to 31 December 1975 <io not exceed        tonnes .
, To this end the Israel Government points out that all exports to the
  Community of tomato concentrates prepared or preserved otherwise than by
  vinegar or acetic acid , originating and coming' from Israel , are effected
  exclusively through exporters whose operations are supervised by the Israeli
  Minister of Trade and Industry .
  The guarantees with regard to quantities will be provided in the manner
  agreed between the Israeli Minister of Trade and Industry and the         ,
  Directorate-General for Agriculture of the Commission of the European
  Communities . ..
  I shall bo obliged if you will confirm the agreement of the Community with
  the contents of this letter.
  Please accept , Sir , the assurance of my highest consideration.
                                              ( signed) Mbassadoc
  ( 1 ; date of entry into force of this regulation
 ---pagebreak---                                      Letter No 2
Your Excellency ,
I have the honour to acknowledge receipt of your letter of today worded as
follows :
" In pursuance of Article 9 of Protocol No 1 to the Agreement concluded
  between the European Economic Community and the State of Israel and
  following the clarifications exchanged on the conditions governing imports
  into the Community of tomato concentrates prepared or preserved otherwise
  than "by vinegar or acetic acid , falling within subheading No 20.02 ex C of
  the Common Customs Tariff and originating in and coning from Israel , I have
  the honour to inform you that Israel undertakes all necessary measures in
  order that the quantities supplied to the Community from              1973 "to
  31 December 1975 d° not excecd       tonnes .
  To this end the Israel Government points out that all exports to the
  Community of tomato concentrates prepared or preserved otherwise than by
  vinegar or acetic acid , originating and coming from Israel , are effected
  exclusively through exporters whose operations are supervised by the
   Israelian Minister of Trade and Industry .                         /
  The guarantees with regard to quantities will be provided in the manner
  agreed between the Israelian Minister of Trade and Industry and the
  Directorate-General for Agriculture of the Commission of the European
  Connunit ies " •
I have the honour to confirm the agreement of the Community with the contents
of this letter and ^ 0 inform you also that the Community declares its
willingness to re-examine the quantities for the following year . Should
there be a revision of the quantities account will of course be taken of
the market situation within the Community both from the point of view of
production as well as that of consumption .
 I should be grateful if you would kindly confirm the agreement of your
 Government with the preceding paragraph .
 Please aocept , Your Excellency , the assurance of my highest consideration .
                                          ( signed) on behalf of the Council
                                                    of European Communities .
 ---pagebreak---                                    Letter No 3
Sir ,
I have the honour to acknowledge receipt of your letter of today in which
you informe a ne as follows :
"I have the honour to confirm the agreement of the Community with the contents
  of this letter andto inforn you also that the Community declares its
  willingness to re-exanine the quantities for the following year . Should
  there he a revision of the quantities account will of course bo taken of
  the market situation within the Community "both from the point of view of
  production as well as that of consumption .
  I should "be grateful if you would kindly confirm the agreement of your
  Government with the preceding paragraph ."
I   have the honour to confirm the agreement of my Government with the
  foregoing .
Please accept , Sir , the assurance of my highest consideration .
                                           ( signcd)A Aribassador


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31970H0128

70/128/EEC: Commission Recommendation of 22 December 1969 to the French Republic on the adjustment of the import system for petroleum products, provided for in Article 37 (6) of the EEC Treaty (Only the French text is authentic)

Official Journal L 031 , 09/02/1970 P. 0026 - 0029 Danish special edition: Series II Volume VI P. 0039  English special edition: Series II Volume VI P. 0036

COMMISSION RECOMMENDATION of 22 December 1969 to the French Republic on the adjustment of the import system for petroleum products, provided for in Article 37 (6) of the EEC Treaty (Only the French text is authentic) (70/128/EEC) I    1. The French Government, by letter of 14 February 1959, informed the Commission that crude petroleum and petroleum products are in France subject to import controls of a kind referred to in Article 37 of the EEC Treaty. By letter of 13 April 1962 the Commission addressed a first Recommendation to the French Government concerning the adjustment of these import controls. That Recommendation was based on Article 155 and, in so far as applicable. on Article 37 (6) of the EEC Treaty. Subsequently, the Commission expressed the view that Article 37 applied to the import controls on crude petroleum and petroleum products. On 24 July 1963 it addressed to the Government of the French Republic a further Recommendation operative for 1963. By letter of 23 November 1963 the French Government communicated its views to the Commission with regard to that Recommendation.       2. Following the Recommendation of 1963 the French Government has taken a number of steps for the adjustment of the import system for petroleum products.      (a) The import quotas for crude petroleum and petroleum products from Member States which, in accordance with the Recommendation of 1963, had been fixed at 1 650 000 metric tons have been progressively increased and in 1969 reached 3 560 000 metric tons.           (b) Authorized undertakings are no longer obliged, when carrying on their activities as distributors, to use nationally produced equipment.   In addition, when the special import permits for petroleum products were renewed by the Decrees of 26 February 1965 and 27 February 1968 certain concessions were introduced:        (a) The marketing of lubricants was no longer restricted by quotas granted to each undertaking:               (b) Marketing quotas for petrol were increased:             (c) The list of authorized undertakings was extended.                  3. The Commission considers, however, that, although the measures taken by the French Government constitute progress towards the establishment of a common market in petroleum products, they are not yet sufficient to ensure, in accordance with Article 37 of the EEC Treaty, that, when the transitional period has ended, the conditions under which all petroleum products of the Community are procured and marketed shall be equal and in harmony with the fundamental principles of freedom and reciprocity of trade within the common market.  Indeed, the system of quotas, the rules on the apportionment of marketing quotas incorporated in the import permits and the so-called "90 % rule" create obstacles to the free movement of crude petroleum and finished products from other Member States of the EEC and give rise to discrimination. Moreover, a number of other provisions which are not in themselves discriminatory might in certain circumstances be applied in a manner which would allow of discrimination.       4.      (a) Quota system for products from other Member States  The Commission considers that the fixing of quotas, in so far as it is a restrictive measure applicable to products imported from other Member States, constitutes in itself a discrimination incompatible with the objective of liberalizing the movement of petroleum products between Member States and, more particularly, with the obligations arising from Article 37.  In the opinion of the Commission the only policy consistent with the letter and the objectives of Article 37 and the other provisions of the Chapter on the elimination of quantitative restrictions between Member States, of which Article 37 forms part, is that of abolishing all quotas for crude petroleum and finished products from other Member States.  The Commission is, however, aware that there are major differences between the policies of the States - and in particular between their commercial policies - which substantially affect intra-Community trade and investment decisions.   The Commission is aware that the effects of such differences should not be underestimated and is ready to discuss with the French Government means of mitigating these effects pending the establishment of a Community commercial policy in respect of the products in question.           (b) Fixing marketing rights  Discrimination between nationals of Member States also results from the incorporation, in import permits, of marketing rights or quotes for petroleum products. At present these forms of discrimination are as follows:        (aa) With regard to import permits for crude petroleum and refining permits, the discrimination consists in the fact that crude petroleum, other than French or assimilated crude petroleum, may be imported into France for refining only in such quantity as is required for the production of the quantities of petrol (apart from aviation fuel) and of lubricants specified in the authorizing Decree. whereas neither French nor assimilated crude petroleum is subject to such restriction. Consequently, these regulations interfere with the freedom of access to the French market not only of crude petroleum originating in the Community but also of crude petroleum of third country origin which is in free circulation in one of the five other Member States.               (bb) With regard to import permits for petroleum products, the discrimination consists in the fact that the quantities of petrol (apart from aviation fuel) laid down in those permits are truly limitative only in respect of imported products. Indeed, a holder of such a permit who has marketed the whole of the amount which he is authorized to distribute under the Decree, may nevertheless exceed that limit if he refines French or assimilated crude petroleum (or if he purchases finished products made from such crude petroleum and refined in France) ; those provisions thus restrict imports of finished products from other Member States in a way which does not apply to national or assimilated products. thereby discriminating against suppliers of the latter products.   In order to end the discrimination referred to under (aa) and (bb), all quantities of finished products marketed by a permit holder must be counted against the quota granted to each undertaking.  The Commission notes that major differences remain between the energy policies of the States.  It considers that the elimination of these differences, as a matter of Community policy, would necessitate the abolition of marketing quotas.           (c) The 90 % rule  Another provision of the Decrees authorizing the refining of crude petroleum and the marketing of finished products has discriminatory effect on products from other Member States. This is the provision by virtue of which undertakings which hold a special import permit for crude petroleum and which are also holders of a special import permit for derived products (refiners/importers) are obliged to take directly from refineries subject to the special permit system, i.e. refineries established in French territory, not less than 90 % of the quantities of finished products marketed on their account in France each year.  It is clear that this provision, which covers all finished products marketed by refiners/importers, reduces very considerably the marketing in France of products refined outside France.  In the opinion of the Commission, with regard to the 90 % rule, all products refined in the Member States and marketed in France should be treated in the same way as products refined in France.                 5. These considerations are based on the finding that a number of discriminatory measures are explicitly laid down in the rules and regulations in force.  The Commission has also studied the special powers available to the French Government, and in particular:      (a) The right to grant and renew special permits;           (b) The provision according to which holders of special permits may be obliged to use them in a manner to be determined by the Minister responsible for fuel or by the Minister of Finance and Economic Affairs;           (c) The provision according to which holders of special permits are obliged, simply on request by the Minister responsible for fuel, to execute contracts of national interest for the acquisition of crude petroleum or petroleum products;           (d) The provision requiring importers of crude petroleum to submit their factory supply programmes each year for the approval of the Minister responsible for fuel;           (e) The provisions requiring the prior approval of the Minister responsible for fuel or of the Minister for Finance and Economic Affairs for any change in legal form, economic or financial structure, technical or financial capacity, conditions of supply, investment programme, production, membership of bodies responsible for the management or direction of import undertakings, for the asignment or acquisition of all or part of the business, and for the disposal or acquisition of any assets, as well as for any resort to the capital market or any form of association or arrangement between undertakings;           (f) Regulation of fuel distribution.    A study of those provisions indicates that the French Government has at its disposal wide and substantial powers of influence over the activities of undertakings, which might in certain circumstances be used in a manner which would allow of discrimination.  The Commission considers that an adjustment of the French petroleum system, in accordance with Article 37, requires that measures taken by the French authorities under such powers should not involve discrimination against nationals of other Member States.  II  On these grounds the Commission recommends the French Republic to take, in accordance with Article 37 (6) of the EEC Treaty, all measures necessary in order to ensure that no discrimination regarding the conditions under which goods are procured and marketed exists between nationals of Member States, in particular:        - to abolish any quota system for the importation of crude petroleum and petroleum products from other Member States;               - to count all quantities of finished products marketed on the French market against the quota granted to each undertaking under a special permit;               - with regard to the rule obliging refiners to take from refineries subject to the special permit system 90 % of the products marketed on their account, to treat all products refined in Member States and marketed in France in the same way as products refined in France;               - to ensure that the measures taken under the powers referred to in 5 (a) to (f) do not involve any discrimination against nationals of other Member States.                 Done at Brussels, 22 December 1969.  For the Commission  The President  Jean REY


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31974H0598

74/598/EEC: Commission recommendation of 18 November 1974 to the Italian Republic concerning the adjustment of the national manufactured tobacco monopoly in respect of trade with the new Member States

Official Journal L 326 , 06/12/1974 P. 0029 - 0030

++++COMMISSION RECOMMENDATION  OF 18 NOVEMBER 1974  TO THE ITALIAN REPUBLIC CONCERNING THE ADJUSTMENT OF THE NATIONAL MANUFACTURED TOBACCO MONOPOLY IN RESPECT OF TRADE WITH THE NEW MEMBER STATES   ( 74/598/EEC )  I  IN ITALY MANUFACTURED TOBACCO IS SUBJECT TO A NATIONAL MONOPOLY OF A COMMERCIAL CHARACTER WITHIN THE MEANING OF ARTICLE 37 ( 1 ) OF THE EEC TREATY . UNDER ARTICLES 45 ET SEQ . OF LAW NO 907 OF 17 JULY 1942 ( 1 ) THE AAMS ( AMMINISTRAZIONE AUTONOMA DEI MONOPOLI DI STATO ) HAS EXCLUSIVE IMPORT , EXPORT AND SELLING RIGHTS BASED ON THIS MONOPOLY .  THE FIRST SUBPARAGRAPH OF ARTICLE 44 ( 1 ) OF THE ACT CONCERNING THE CONDITIONS OF ACCESSION AND THE ADJUSTMENTS TO THE TREATIES LAYS DOWN THAT THE NEW MEMBER STATES SHALL PROGRESSIVELY ADJUST 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 1977 NO DISCRIMINATION REGARDING THE CONDITIONS UNDER WHICH GOODS ARE PROCURED AND MARKETED EXISTS BETWEEN NATIONALS OF MEMBER STATES . THE SECOND SUBPARAGRAPH OF ARTICLE 44 ( 1 ) SPECIFIES THAT THE ORIGINAL MEMBER STATES SHALL HAVE EQUIVALENT OBLIGATIONS IN RELATION TO THE NEW MEMBER STATES .  ARTICLE 44 ( 2 ) PROVIDES THAT " FROM THE BEGINNING OF 1973 THE COMMISSION SHALL MAKE RECOMMENDATIONS AS TO THE MANNER IN WHICH AND THE TIMETABLE ACCORDING TO WHICH THE ADJUSTMENT PROVIDED FOR IN THIS ARTICLE MUST BE CARRIED OUT , IT BEING UNDERSTOOD THAT THE MANNER AND TIMETABLE MUST BE THE SAME FOR THE NEW MEMBER STATES AND THE ORIGINAL MEMBER STATES " .  IT IS NOT AND COULD NOT BE THE PURPOSE OF THIS RECOMMENDATION TO PRONOUNCE UPON THE COMPATIBILITY OF THIS MONOPOLY WITH THE PROVISIONS OF ARTICLE 37 ( 1 ) OF THE TREATY WITH RESPECT TO THE ORIGINAL MEMBER STATES , IN PARTICULAR AS FAR AS THE RETAIL SECTOR IS CONCERNED .  AS THE NEW MEMBER STATES HAVE NO MONOPOLY ARRANGEMENTS FOR THE PRODUCTS IN QUESTION THERE IS NO NEED TO MAKE TO THEM ANY RECOMMENDATION UNDER THE FIRST SUBPARAGRAPH OF ARTICLE 44 ( 1 ) REFERRED TO ABOVE .  GIVEN ON THE OTHER HAND THAT THE AAMS STILL EXERCISES EXCLUSIVE IMPORT , EXPORT AND SELLING RIGHTS FOR MANUFACTURED TOBACCO IN RELATION TO THE NEW MEMBER STATES , THE COMMISSION CONSIDERS THAT THE ADJUSTMENT PROVIDED FOR IN THE SECOND SUBPARAGRAPH OF ARTICLE 44  ( 1 ) OF THE ACT CONCERNING THE CONDITIONS OF ACCESSION AND THE ADJUSTMENTS TO THE TREATIES REQUIRES THE PROGRESSIVE REMOVAL OF THE DISCRIMINATION IN RESPECT OF IMPORTS OF MANUFACTURED TOBACCO FROM THE NEW MEMBER STATES WHICH IS IMPLICIT IN THE FACT THAT THE AAMS MAY REFUSE OR GRANT IMPORT LICENCES AT ITS DISCRETION .  THE ADJUSTMENT SHOULD ALSO BE CARRIED OUT IN SUCH A WAY THAT THE AAMS'S PRESENT EXCLUSIVE IMPORT , EXPORT AND WHOLESALE-SELLING RIGHTS FOR MANUFACTURED TOBACCO FROM THE NEW MEMBER STATES ARE WITHDRAWN BY 31 DECEMBER 1977 AT THE LATEST .  II  ACCORDINGLY , THE COMMISSION , WHILE RESERVING ITS POSITION PENDING THE OUTCOME OF THIS RECOMMENDATION , RECOMMENDS THAT THE GOVERNMENT OF THE ITALIAN REPUBLIC SHOULD , IN PURSUANCE OF ARTICLE 44 ( 2 ) OF THE ACT CONCERNING THE CONDITIONS OF ACCESSION AND THE ADJUSTMENTS TO THE TREATIES :  1 . OPEN THE FOLLOWING QUOTAS FOR IMPORTS OF MANUFACTURED TOBACCO FROM THE NEW MEMBER STATES :   - 1974 - 3 % OF NATIONAL PRODUCTION IN 1973 ,   - 1975 - 5 % OF NATIONAL PRODUCTION IN 1974 ,   - 1976 - 9 % OF NATIONAL PRODUCTION IN 1975 ,   - 1977 - 15 % OF NATIONAL PRODUCTION IN 1976 ,  ON THE UNDERSTANDING THAT , FROM 31 DECEMBER 1977 AT THE LATEST , QUANTITATIVE RESTRICTIONS WILL NO LONGER BE PERMITTED ;  2 . INFORM ALL CONCERNED , BY MEANS OF APPROPRIATE PUBLICITY , THAT THEY CAN OBTAIN SUPPLIES OF MANUFACTURED TOBACCO FROM THE NEW MEMBER STATES WITHIN THESE QUOTAS ;  3 . WITHDRAW , BY 31 DECEMBER 1977 AT THE LATEST , THE AAMS'S PRESENT EXCLUSIVE IMPORT , EXPORT AND WHOLESALE-SELLING RIGHTS FOR MANUFACTURED TOBACCO FROM THE NEW MEMBER STATES .  DONE AT BRUSSELS , 18 NOVEMBER 1974 .  FOR THE COMMISSION  THE PRESIDENT  FRANCOIS-XAVIER ORTOLI  ( 1 ) GAZZETTA UFFICIALE NO 199 , 25 . 8 . 1942 .


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52003HB0001

Recommendation, under Article 10.6 of the Statute of the European System of Central Banks and of the European Central Bank, for a Council Decision on an amendment to Article 10.2 of the Statute of the European System of Central Banks and of the European Central Bank (ECB/2003/1)

Official Journal C 029 , 07/02/2003 P. 0006 - 0011

Recommendation, under Article 10.6 of the Statute of the European System of Central Banks and of the European Central Bank, for a Council Decision on an amendment to Article 10.2 of the Statute of the European System of Central Banks and of the European Central Bank(ECB/2003/1)(2003/C 29/07)(Submitted by the European Central Bank on 3 February 2003)EXPLANATORY MEMORANDUMWith the Treaty of Nice a new Article 10.6 has been added to the Statute of the European System of Central Banks and of the European Central Bank. It provides: "Article 10.2 (of the Statute) may be amended by the Council meeting in the composition of the Heads of State or Government, acting unanimously either on a recommendation from the ECB and after consulting the European Parliament and the Commission, or on a recommendation from the Commission and after consulting the European Parliament and the ECB. The Council shall recommend such amendments to the Member States for adoption. These amendments shall enter into force after having been ratified by all the Member States in accordance with their respective constitutional requirements ..." Article 10.6 has to be read in conjunction with the Declaration on Article 10.6 of the Statute of the European System of Central Banks and of the European Central Bank which was annexed to the Treaty of Nice. This Declaration provides: "The Conference expects that a recommendation within the meaning of Article 10.6 of the Statute of the European System of Central Banks and of the European Central Bank will be presented as soon as possible."In view of the above, the ECB submits the present recommendation for a Council Decision on an amendment to Article 10.2 of the Statute. In accordance with the provisions of Article 10.6 of the Statute, the recommendation has been adopted by the Governing Council of the ECB by unanimity. It will be published in the Official Journal of the European Union.1. GENERAL CONSIDERATIONSArticle 10.6 of the Statute provides the legal basis for the adjustment of the voting modalities in the Governing Council. As it restricts any amendments to Article 10.2 of the Statute, any adjustment of the voting modalities is without prejudice to the right of the members of the Governing Council to be present during the Governing Council meetings (Article 10.1 of the Statute), and as such to participate in the discussions. Moreover, any adjustment of the voting modalities does not have any implications for voting on decisions taken under Articles 28, 29, 30, 32, 33 and 51 of the Statute (Article 10.3 of the Statute).To maintain the Governing Council's capacity for efficient and timely decision-making in an enlarged euro area, the number of governors having voting rights has to be smaller than the overall number of governors in the Governing Council. A rotation system is an equitable, efficient and acceptable way of assigning voting rights among the governors. The six members of the Executive Board maintain permanent voting rights. Any change to this would be difficult to reconcile with their special status as laid down in the EC Treaty and the Statute. They are the only members of the Governing Council who are appointed at the European level by a Treaty procedure and who operate solely in the euro area context and for the ECB, the competence of which spans the whole euro area. Finally, it has to be taken into account that the President, a member of the Executive Board, also has the casting vote in the event of a tie in the Governing Council.The design of the rotation system should be guided by five fundamental principles, i.e. "one member one vote"; "ad personam participation"; "representativeness"; "automaticity/robustness" and "transparency".First, the "one member one vote" principle, which is the core principle of the ECB/Eurosystem's decision-making, has to be retained for members having a voting right. However, a rotation system necessarily implies that there will no longer be permanent voting rights for all the members of the Governing Council as the number of governors increases.Second, all members of the Governing Council will continue to participate in its meetings, irrespective of whether they have the voting right or not, in a personal and independent capacity.Third, since the introduction of a rotation system could theoretically lead to situations in which the members of the Governing Council having voting rights were from Member States which, taken together, might be perceived as not being sufficiently representative of the euro area economy as a whole, it should be designed in a manner which excludes such outcomes. In order to achieve representativeness, the rotation system has to differentiate between governors with respect to the frequency with which they have voting rights, with governors from larger Member States enjoying more frequent periods with voting rights than those from smaller Member States. Although the introduction of considerations of representativeness marks a departure from the existing provisions for voting in the Governing Council, this is exclusively motivated by the need to accommodate the impact of enlargement on the Governing Council's decision-making. This ex ante differentiation between governors should apply exclusively to the prior determination of the frequency with which each governor has the voting right. For all governors having voting rights at any point in time, the "one member one vote" principle would continue to apply. Consequently, this differentiation should not impact on actual substantive decision-making, but is only relevant in the process of determining who votes when.Fourth, the rotation system has to be devised in a manner whereby the system itself, any rule on the allocation of governors to different groups, and any rule on the assignment of voting rights to such groups, allow the system to adjust automatically to the process of euro area enlargement. In addition, it has to be capable of accommodating up to 27 Member States, i.e. the current EU Member States and the 12 accession countries listed in the Declaration on the enlargement of the European Union which is annexed to the Treaty of Nice. This "robustness" principle implies, in particular, the avoidance of situations in which, as a result of the workings of the rotation system, the members of a group of smaller Member States enjoy higher voting frequencies than the members of a group of relatively larger Member States.Fifth, the design of the rotation system has to be transparent. Consequently, the language of the revised Article 10.2 of the Statute has to be reasonably accessible and meet the requirements of primary Community law.With these fundamental principles in mind, the adjustment of the Governing Council's voting modalities has been designed as laid down in Article 1.2. COMMENTS ON THE ARTICLESArticle 1Within the limits laid down by Article 10.6 of the Statute, Article 1 establishes a system for the rotation of voting rights in the Governing Council. As from the date on which the number of members of the Governing Council exceeds 21 the voting modalities in the Governing Council will be adjusted. In line with the current institutional arrangement, the total number of voting rights is limited to 21. In view of their special status (see above), the six members of the Executive Board will continue to have permanent voting rights. The governors will share the remaining 15 voting rights which will rotate among them according to pre-established rules. Each member of the Governing Council with a voting right will have one vote to be exercised in a personal and independent capacity only. To ensure that any decisions taken by the Governing Council are representative of the euro area economy as a whole, governors will be allocated to groups which differ with respect to the frequency with which their members may have voting rights. The allocation of governors to groups will be done in accordance with a ranking of their respective NCB's Member State. This ranking will be based on the Member States' shares in the euro area total according to an indicator with two components: (i) the share in the aggregate gross domestic product at market prices (hereinafter GDP mp) of the Member States without a derogation; and (ii) the share in the total aggregated balance sheet of the monetary financial institutions (hereinafter TABS-MFIs) of the Member States without a derogation. The selection of the first and most significant component, GDP mp, is justified on the grounds of its widespread use as the most objective reflection of the size of the overall economy of each participating Member State. The second is justified by the need to recognise the specific relevance of the financial sector of the participating Member States for central bank decisions. A 5/6 weight is attributed to GDP mp and a 1/6 weight to TABS-MFIs. This choice of weights is suitable, as this will mean that the financial sector is sufficiently and meaningfully represented.As regards the operation of the rotation system, two stages, dependent on the sequencing of the enlargement of the euro area, are foreseen:- as from the date on which the number of governors exceeds 15, until it reaches 22, the governors will be allocated to two groups. For reasons of continuity it is considered appropriate to start with a rotation scheme which represents only a marginal departure from the current voting provisions and which is rather simple. The length of time during which this rotation scheme will be in operation is uncertain since it depends on the sequencing of euro area enlargement. The first group will be composed of the five governors of the NCBs of the Member States with the biggest shares in the euro area total according to the indicator described above. The second group will be composed of all the other governors. The five governors of the first group share four voting rights and the remaining governors of the second group share 11. However, from the start of the rotation system until the number of governors exceeds 18, there is a need for exceptional arrangements in order to avoid that the members of the first group have lower voting frequencies than the members of the second group. This may have an impact on how the 15 voting rights are assigned to the two groups. In order to avoid the situation that governors within any group have a voting frequency of 100 %, the Governing Council may also decide to postpone the start of the rotation system until the number of governors exceeds 18. The implementation of these specific rotation arrangements which are limited in time should be left to the Governing Council.- As from the date on which the number of governors reaches 22, the governors will be allocated to three groups. The first group will be composed of the five governors of the NCBs of the Member States with the biggest shares in the euro area total according to the indicator described above. The second group will be composed of half of the total number of governors rounded up where necessary and taking into consideration the robustness principle so as to ensure a degree of continuity in the frequency of voting rights of the second group. Governors in this group will come from the NCBs of the Member States holding the subsequent positions in the country ranking based on the above criteria. The third group will be composed of the remaining governors. Four voting rights are assigned to the first group, eight to the second and three to the third. When there are 27 euro area Member States, the voting frequency of the first group will be 80 %, that of the second 57 % and that of the third 38 %.The rotation of the voting rights among governors will also be governed by the principle that within each group the governors will have their voting rights for equal amounts of time. The measures necessary for the implementation of this principle, which are of an operational nature only, will be taken by the Governing Council.The composition of the groups will be adjusted whenever the aggregate GDP mp is adjusted in accordance with Article 29.3 of the Statute, or whenever the number of governors increases as a consequence of the enlargement of the euro area. The data for the calculation of the shares in the aggregate GDP mp will be provided by the Commission in accordance with the rules adopted by the Council under Article 29.2 of the Statute. The data for the calculation of the shares in the TABS-MFIs will be calculated in accordance with the statistical framework applying in the European Community at the time of calculation. As a consequence, they will be calculated by the ECB within the framework decided by the Council under Article 5.4 of the Statute, i.e. Council Regulation (EC) No 2533/98 of 23 November 1998 concerning the collection of statistical information by the European Central Bank(1), and as further detailed by the ECB by Regulation (EC) No 2423/2001 of the European Central Bank of 22 November 2001 concerning the consolidated balance sheet of the monetary financial institution sector(2) as amended by Regulation (EC) No 2174/2002(3).The abovementioned quinquennial adjustment follows the rationale of Article 29.3 of the Statute. The new shares resulting from such adjustments will apply as from the first day of the following year. Upon one or more new governors becoming members of the Governing Council, the reference periods to be used to calculate the shares of their respective NCB's Member State in the aggregate GDP mp and in the TABS-MFIs of the Member States without a derogation should be identical to those used for the latest quinquennial adjustment of the shares. The new shares resulting from such irregular adjustments will apply as from the day on which the new governor(s) join(s) the Governing Council. These details will be part of the implementing provisions to be adopted by the Governing Council.Any decision which is necessary to implement the operational details of the rotation system will, as an exception to the new voting modalities, be adopted by all members of the Governing Council - irrespective of whether or not they hold a voting right at the time of the decision - by a two-thirds majority.Article 2The Council Decision amending Article 10.2 of the Statute has to be recommended to the Member States for adoption. The amendment will only enter into force once it has been ratified by all Member States in accordance with their respective constitutional requirements. The timing of the entry into force has been framed on the same model as the final provisions of the Treaty of Nice.(1) OJ L 318, 27.11.1998, p. 8.(2) OJ L 333, 17.12.2001, p. 1.(3) OJ L 330, 6.12.2002, p. 29.