Avis juridique important

|

31998H0463

98/463/EC: Council Recommendation of 29 June 1998 on the suitability of blood and plasma donors and the screening of donated blood in the European Community

Official Journal L 203 , 21/07/1998 P. 0014 - 0026

COUNCIL RECOMMENDATION of 29 June 1998 on the suitability of blood and plasma donors and the screening of donated blood in the European Community (98/463/EC)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 129(4), second indent,Having regard to the proposal from the Commission,Having regard to the opinion of the European Parliament (1),(1) Whereas in accordance with Article 3(o) of the Treaty, Community activity is to include a contribution towards the attainment of a high level of health protection;(2) Whereas the Commission's Communication of 21 December 1994 on Blood Safety and Self-sufficiency in the European Community identified the need for a blood strategy in order to reinforce confidence in the safety of the blood transfusion chain and promote Community self-sufficiency;(3) Whereas, in response to the Commission's Communication, the Council adopted, on 2 June 1995, a Resolution on blood safety and self-sufficiency in the Community (2);(4) Whereas the Council adopted, on 12 November 1996, a Resolution on a strategy towards blood safety and self-sufficiency in the European Community (3);(5) Whereas the European Parliament in its Resolutions on blood safety and self-sufficiency in the European Community (4) (5) (6) (7) has stressed the importance of ensuring the highest level of safety in the selection of donors and the testing of donations and the principle of voluntary unpaid donations and has reiterated its continued support for the objective of Community self-sufficiency;(6) Whereas Directive 89/381/EEC (8) extended the scope of pharmaceutical legislation to guarantee the quality, safety, and efficacy of proprietary industrially prepared medicinal products derived from human blood or human plasma; whereas that Directive as such does not apply to whole blood, to plasma, or to blood cells of human origin;(7) Whereas therapeutic use of blood and medicinal products derived from human blood and plasma contributes significantly to saving lives and yields considerable benefits for those suffering from long term blood disorders; whereas, however, in spite of their significant therapeutic value, blood, blood components, and blood and plasma derivatives have the potential to transmit infectious diseases;(8) Whereas the availability of blood and plasma used for therapeutic purposes and as starting material for the manufacture of medicinal products is dependent on the willingness and generosity of Community citizens who are prepared to donate;(9) Whereas donations should be voluntary and unpaid;(10) Whereas in respect of blood or plasma as a starting material for the manufacture of medicinal products, Article 3 of Directive 89/381/EEC refers to measures covered by the amendments to testing requirements, referred to in Article 6 of that Directive, to be taken by Member States to prevent the transmission of infectious diseases, including the application of the monographs of the European Pharmacopoeia and the measures recommended by the Council of Europe and the World Health Organisation (WHO) particularly with reference to the selection and testing of blood and plasma donors; to promote Community self-sufficiency in human blood or human plasma; and to encourage voluntary unpaid donations of blood and plasma;(11) Whereas it is not always possible to know at the time of whole blood or plasma collection which donation may be used for further manufacture rather than used in transfusion;(12) Whereas all blood and plasma used for therapeutic purposes, whether for transfusion or for further manufacture into industrially-prepared medicinal products, should be obtained from individuals whose health status is such that no detrimental effects to their state of health will ensue as a result of the donation and any risk of transmission of infectious diseases is minimised; whereas each and every blood donation should be tested in accordance with rules which provide assurances that all necessary measures have been taken to safeguard the health of Community citizens who are the recipients of blood and blood products;(13) Whereas given that the blood transfusion systems in the Member States exist to serve their citizens, it is necessary to secure their confidence in the safety of these systems;(14) Whereas there are disparities in policies and practices among the Member States regarding the selection of donors and the screening of donations within the Community for epidemiological, historical and cultural reasons;(15) Whereas to ensure sufficient supply for clinical purposes, cooperation among the Member States is essential in order to overcome such disparities and build mutual confidence in all aspects of safety of the blood transfusion chain;(16) Whereas the suitability of an individual to donate blood and plasma is an essential component in contributing to the safety of blood and blood products;(17) Whereas information should be sought from potential donors on the basis of a written questionnaire, which may vary from Member State to Member State, whose aim should be to identify common risk behaviour and diseases;(18) Whereas it is essential that all measures be taken to safeguard the health of those who give blood or plasma and to minimise the hazard of transmission of infectious diseases by blood or blood products;(19) Whereas convergence of practice throughout the Community in the acceptance of donors, the screening of donations and the recording of relevant data will help to contribute to increasing confidence in the safety of blood and plasma donations and the transfusion process; whereas in order to bring about such convergence of practice, measures are required at Community level;(20) Whereas measures at Community level should take into account existing guidelines, recommendations and standards in the area of blood at national level and international level, in particular those of the WHO and of the Council of Europe;(21) Whereas in accordance with the principle of subsidiarity, any new measure taken in an area which does not fall within the exclusive competence of the Community, such as donor suitability and testing of donations, may be taken up by the Community only if, by reason of the scale or effects of the proposed action, the objectives of the proposed action can be better achieved by the Community than by Member States; whereas commonly agreed recommendations on donor suitability and testing of donations need, therefore, to be introduced in order to contribute to the safety of donated blood and plasma and the health protection of donors and to permit confidence in the safety of the transfusion chain among citizens, especially as they move about within the Community, and to contribute to the attainment of Community self-sufficiency as provided for in Community legislation;(22) Whereas however, Member States remain free, while respecting the provisions of the Treaty or measures adopted thereunder, to maintain or introduce requirements over and above the core criteria recommended in this Recommendation, and remain responsible for decisions about the import and export of donated blood and plasma;(23) Whereas in accordance with the principle of proportionality, the means to be deployed at Community level for promoting sound practices and consistency throughout the Community in the suitability of blood and plasma donors and the screening of donated blood must be in proportion to the objective pursued; whereas recommendations by the Council, pursuant to Article 129 of the Treaty, are the appropriate means for doing so at Community level; whereas such recommendations must be congruent with Directive 89/381/EEC;(24) Whereas recommendations on donor suitability and testing requirements form part of a strategy to enhance the safety of the blood transfusion chain, the other elements of which include the inspection and accreditation of blood collection establishments, requirements related to quality assurance of the processes involved, the optimal use of blood and blood products, haemovigilance and public awareness;(25) Whereas it is necessary that the best possible scientific advice is available to the Community in relation to the safety of blood and blood products and that the precautionary principle prevails when scientific evidence is not available;(26) Whereas Directive 95/46/EC of the European Parliament of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and the free movement of such data (9) lays down special requirements for the processing of data concerning health,HEREBY RECOMMENDS THAT:1. Definitions For the purpose of this Recommendation, Member States should assign to the terms listed in Annex I the meaning given to them therein.2. Provision of information to prospective donors Member States should ensure that all prospective donors of blood or plasma are provided with:2.1. For donor awareness (a) accurate but generally understandable educational materials about the essential nature of blood, the products derived from it, and the important benefits to patients of blood and plasma donations;(b) the reasons for requiring a medical history, physical examination, and the testing of donations; information on the risk of infectious diseases that may be transmitted by blood and blood products; the signs and symptoms of HIV/AIDS and hepatitis, and the significance of 'informed consent`, self-deferral, and temporary and permanent deferral;(c) the reasons why they should not donate which may be detrimental to their own health;(d) the reasons why they should not donate which put recipients at risk, such as unsafe sexual behaviour, HIV/AIDS, hepatitis, drug addiction and the use and abuse of drugs;(e) the option of changing their mind about donating prior to proceeding further without any undue embarrassment or discomfort;(f) information on the possibility of withdrawing or self-deferring at any time during the donation process;(g) the opportunity to ask questions at any time;(h) the assurance that if test results show evidence of any pathology, they will be informed and deferred from donation, as recommended in Annex II B and C, for their own safety as well as that of potential recipients; prospective donors who object to being so informed should be excluded from the donation process;(i) specific information on the nature of the procedures involved in the donation process and associated risks for those willing to participate in whole blood donation or in apheresis programmes.2.2. For confidentiality (a) information on the measures taken to ensure the confidentiality of: any health-related information provided to the health personnel, the results of the tests on their donations, as well as any future traceability of their donation;(b) the assurance that all interviews with prospective donors are carried out in confidence;(c) the option of requesting through a confidential self-deferral procedure the blood and plasma collection establishment not to use their donation.3. Information required from prospective donors Member States should ensure that, upon agreement of a willingness to proceed to donate blood or plasma, all prospective donors provide to the blood and plasma collection establishment:3.1. Identification Appropriate means of identification, providing name (first and surname), addresss, and date of birth, or alternative means allowing each donor to be uniquely identified.3.2. Health history (a) Information on their health and medical history, including any relevant behavioural characteristics, that may assist in identifying and screening out persons whose donation could present a health risk to themselves or a risk of transmitting diseases to others, by way of a written questionnaire addressing the criteria recommended in Annex II and a personal interview with a trained health care staff member.(b) Their signature alongside that of the health care staff member conducting the interviews on the donor questionnaire or their signature on a separate attestation to acknowledge that the educational materials provided have been read and understood, that the opportunity to ask questions has been presented, and that satisfactory responses have been received; to give their agreement that their blood or plasma donation could be used for patients needing transfusion or blood products in the country where the donation is made or in another country, to which it would be transferred in accordance with the provisions of the legislation of the country where the donation is made, particularly with regard to the destination of the donation; and to indicate their informed consent that they wish to proceed with the donation process.4. Registration of donor Member States should ensure the establishment of a donor identification/registration system to:4.1. Donor centre identification Permit every donation establishment in each Member State to be uniquely identified;4.2. Donor identification and records (a) Record information regarding the identification of prospective donors in an automated or manual system which allows verification each time a donation is made;(b) Provide for the keeping of records on donors and prospective donors in such a way as to ensure unique identification, protect the identity of the donor from unauthorised access to confidential information, but facilitate future traceability of any donation;(c) Allow for the inclusion of information related to adverse donor reaction to the donation, reasons for preventing an individual from donating, whether on a temporary or permanent basis while ensuring confidentiality.5. Donor eligibility Member States, in order to ensure the eligibility of individuals to be accepted as donors of blood and plasma, should ensure that:5.1. Eligibility criteria for the acceptance of donors of whole blood and donors of components by apheresis (a) the general criteria for the acceptance of blood and plasma donors are publicised in every donation establishment and that clear messages are presented to donors as to the importance of their willingness to donate but also the importance of the acceptance criteria;(b) the responses given to the issues raised in the written questionnaire and/or the personal interview provide the necessary confidence that the donation will not adversely affect the health of a future recipient of the products derived from that donation;(c) the prospective donor meets the physical requirements criteria recommended in Annex II A in order that there are no detrimental effects to his/her own health as a result of the donation;(d) the prospective donor's eligibility is determined at each donation session;(e) the practice of using 'replacement donors` is phased out;(f) a responsible physician gives his/her written authorisation of the acceptance of prospective donors, when their eligibility may be questionable;5.2. Deferral criteria for donors of whole blood and donors of components by apheresis Those who may show evidence of any of the conditions and characteristics listed in Annex II B and C should be declared either permanently or temporarily ineligible to donate blood and plasma;5.3. Deferral records Donation establishments should maintain a record of any prospective donor deferral, whether permanent or temporary, including the reasons why.6. Data protection Member States should, in accordance with Directive 95/46/EC, ensure the confidentiality of sensitive medical information about prospective donors, and in particular:(a) ensure that data security measures are in place as well as safeguards against unauthorised data additions, deletions or modifications to donor files or deferral registers, and transfer of information;(b) ensure that procedures are in place to resolve data discrepancies;(c) prevent the unauthorised disclosure of such information, while ensuring the traceability of donations.7. Volumes and time intervals To protect the health of the donor, Member States should ensure that:(a) volumes of blood and plasma collected are no greater than those recommended in Annex III;(b) time intervals between donations are no less than those recommended in Annex III;(c) medical attention is available to the donor in the event of an adverse event related to the donation.8. Testing samples of donated blood Member States, in order to ensure the safety of all blood and plasma donations, should:(a) ensure that a sample of all donations of blood or plasma whether intended for transfusion purposes or for further manufacturing into industrially prepared medicinal products is tested for diseases transmissible by blood or plasma using approved screening tests to eliminate units that are repeat reactive;(b) ensure that all blood and plasma donations be found non-reactive for the transmissible disease markers listed in Annex IV prior to use;(c) require re-testing of the blood samples found to be reactive in an initial screening test taking account of the indicative algorithm set out in Annex V.9. Additional measures Member States should:(a) ensure that appropriate provisions are in place in the donation establishment for counselling, as appropriate, to prospective donors who are deferred;(b) encourage the collection, analysis and evaluation of epidemiological data concerning donors and donations, with a view to improving the safety of blood transfusion;(c) take the necessary steps for the dissemination of this recommendation to all parties concerned, and in particular to blood collecting establishments in their territory;(d) take all necessary measures to encourage the voluntary and unpaid donation of blood and plasma, and entirely support the efforts of the Council of Europe in this area; take account of the Council of Europe definition of voluntary and non-remunerated donation as follows:'A donation is considered voluntary and non-remunerated if the person gives blood, plasma or cellular components of his/her own free will and receives no payment for it, either in the form of cash or in kind which could be considered a substitute for money. This would include time off work other than that reasonably needed for the donation and travel. Small tokens, refreshments and reimbursements of direct travel costs are compatible with voluntary, non-remunerated donations.`INVITES THE COMMISSION- to report on the application of these recommendations and keep the matters covered therein under review in order to make the necessary proposals for revision and updating; to involve national experts from all the Member States in the preparation of such proposals;- to promote as a priority, in the light of scientific studies, work on the potential health effects of departing from the maximum volume limits and minimum time intervals between donations set out in Annex III, in order in particular to determine whether or not adverse health effects may result from collecting, by apheresis, annual plasma volumes higher than those recommended in existing international guidelines; and to undertake work on common volume and frequency limits for other types of apheresis;- to propose where appropriate common terminology for the purpose of further developing the Community strategy on blood safety and self-sufficiency;- to examine as soon as possible, in close cooperation with the Member States, all the aspects related to the use of genome amplification technology (GAT), including polymerase chain reaction (PCR)-screening, in order to prevent the transmission of communicable diseases by blood transfusion.Done at Luxembourg, 29 June 1998.For the CouncilThe PresidentR. COOK(1) OJ C 138, 4. 5. 1998, p. 139.(2) OJ C 164, 30. 6. 1995, p. 1.(3) OJ C 374, 11. 12. 1996, p. 1.(4) OJ C 268, 4. 10. 1993, p. 29.(5) OJ C 329, 6. 12. 1993, p. 268.(6) OJ C 141, 13. 5. 1996, p. 131.(7) OJ C 249, 25. 9. 1995, p. 231.(8) Council Directive 89/381/EEC of 14 June 1989 extending the scope of Directives 65/65/EEC and 75/319/EEC on the approximation of provisions laid down by law, regulation or administrative action relation to proprietary medicinal products and laying down special provisions for medicinal products derived from human blood or human plasma (OJ L 181, 28. 6. 1989, p. 44).(9) OJ L 281, 23. 11. 1995, p. 31.ANNEX I >TABLE>ANNEX II CORE CRITERIA FOR ACCEPTANCE OR DEFERRAL OF BLOOD AND PLASMA DONORS A: Physical requirements criteria for acceptance of blood and plasma donors for their own protection Age Blood and plasma donors should be 18-65 years of age. Acceptance of first time donors age 60-65 is at the discretion of the responsible physician. Repeat donors may continue to donate after the age of 65 with the permission of the responsible physician given annually.For whole blood, donors aged 17, and not legally classified as minors, may be accepted; otherwise written consent should be required according to applicable law.Body weight Donors weighing no less than 50 kg may donate whole blood or plasma.Blood pressure The systolic blood pressure should not exceed 180 mm of mercury and the diastolic pressure should not exceed 100 mm of mercury.Pulse The pulse should be regular and between 50 to 110 beats per minute. Those prospective donors who undergo intensive sport training and have a pulse rate lower than 50 beats per minute may be accepted.Either:Haemoglobin The haemoglobin concentration should be determined at the time of the donation and should be no less than 12,5 g/100 ml for females and 13,5 g/100 ml for males (or equivalent values expressed in mmol/I).orHaematocrit The packed cell volume (haematocrit) should be determined at the time of the donation and should be no less than 38 % for females and 40 % for males. For apheresis plasma donors, the minimum should be 38 %.For plasmapheresis only Protein should measure a minimum of 60 g per litre.B: Deferral criteria blood and plasma donors for their own protection If prospective donors have, or have a history of, any of the following, a qualified physician in the blood collection establishment should consider declaring them permanently or temporarily ineligible to donate blood or plasma for the protection of their own health:1. Permanent deferral - Auto-immune diseases- Cardiovascular diseases- Central nervous system diseases- Malignant diseases- Abnormal bleeding tendency- Fainting spells (syncope) or convulsions- Severe or chronic gastrointestinal, haematological, metabolic, respiratory or renal disease, not included in the preceding categories2. Temporary deferral Ineligible for nine months- Pregnancy (after delivery)- AbortionIneligible (time frame variable)- Participation in hazardous sports- Employment which might cause problems shortly after blood donation- Other reasons.C: Deferral criteria for blood and plasma donors for the protection of recipients If prospective donors have, or have a history of, any of the following, a qualified physician in the blood collection establishment should consider declaring them permanently or temporarily ineligible to donate blood or plasma for the protection of potential recipients:1. Permanent deferral - Auto-immune diseases- Infectious diseases - persons suffering or having suffered from:- Babesiosis- Hepatitis B (HBsAg confirmed positive)- Hepatitis C- Hepatitis, infectious (of unexplained aetiology)- HIV/AIDS- HTLV I/II- Leprosy- Kala Azar (leishmaniasis)- Q fever- Syphilis- Trypanosoma cruzi (Chagas' disease)- Malignant diseases- TSEs (or history thereof in the genetic family)- Alcoholism, chronic- Cornea/dura mater transplantation recipient- Diabetes, if treated with insulin- Intravenous (IV) drug use- Pituitary hormone of human origin (e.g. human growth hormone) recipient- Sexual behaviour which places them at a high risk of transmitting infectious diseases, including persons who have had sex in return for money or drugs2. Temporary deferral 2.1 Ineligible for two years- Tuberculosis (after declared cured)- Toxoplasmosis (after recovery and absence of IgM antibodies)- Brucellosis (after full recovery)2.2 Ineligible for one year- Accidental exposure to blood or blood contaminated instruments- Acupuncture (if not performed by a qualified practitioner)- Endoscopic examination- Treatment involving use of catheters- Blood transfusion or major surgery- Tissue or cell transplant- Body piercing- Drug allergy, in particular allergy to penicillin (after last exposure)- Tattoo- Close contact with a case of hepatitis B or C- Rabies vaccine (if post exposure)2.3 Ineligible for six months- Infectious mononucleosis (after recovery)2.4 Ineligible for four weeks- Following administration of live attenuated viral vaccines2.5 Ineligible for two weeks- Minor infectious diseases2.6 Ineligible for one week- Minor surgery2.7 Ineligible for 72 hours- Following administration of vaccines (desensitising)2.8 Ineligible for 48 hours- Treatment by dentist or dental hygienist- Following administration of killed/inactivated viral/bacterial and rickettsial vaccines- Rabies vaccine (prophylactic administration)2.9 Ineligible (time frame variable)- Hepatitis A- Medicines- Malaria (does not apply to plasmapheresis donors)- Tropical diseases (other)Additional reasons may exist for the temporary deferral of a donor for the protection of the recipient. A decision as to length of time is as the discretion of a qualified physician in the blood collection establishment.ANNEX III WHOLE BLOOD AND PLASMA DONATIONS >TABLE>Existing guidelines at international level in the area of blood recommend 15 litres as the maximum annual volume of plasma to be collected via automated plasmapheresis; there is no scientific evidence of whether or not adverse health effects may result from higher volume collection; this area should be a priority area for scientific study.In assessing individually appropriate donation volumes, account should also be taken of physical characteristics such as gender and body weight.ANNEX IV CORE SCREENING TESTS FOR ALL BLOOD SAMPLES WHETHER FROM A WHOLE BLOOD OR PLASMA DONATION >TABLE>ABO-group (1A)(2B)Rh-type (3A)(4B)Malaria (5B) for travellers to endemic areas (unless risk of malaria transmission is otherwise dealt with by a deferral period of three years for such travellers)Treponema pallidum (syphilis) (6B)(1A) If it can be proven that the blood group of an already known blood donor, whose blood group has been previously determined and verified from two separate donations, can be reliably transferred into the label of the blood component by using a validated automated information technology system, it is not necessary to repeat the determination of ABO- and Rh-groups at the time of every blood donation. In such a case the blood group of the blood donor should be periodically verified.(2B) Not required for apheresis plasma intended only for fractionation.ANNEX V Indicative Algorithm for Interpretation of reactive results in screening tests in relation to clinical use of donation and Reactive results in supplementary/confirmation tests in relation to donor deferral >REFERENCE TO A FILM>


title: Council Recommendation of 8 July 2014 on the National Reform Programme 2014 of Belgium and delivering a Council opinion on the Stability Programme of Belgium, 2014

text:
               29.7.2014

               EN

               Official Journal of the European Union

               C 247/1

         COUNCIL RECOMMENDATION
   of 8 July 2014
   on the National Reform Programme 2014 of Belgium and delivering a Council opinion on the Stability Programme of Belgium, 2014
   2014/C 247/01
   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,
   Having regard to the resolutions of the European Parliament,
   Having regard to the conclusions of the European Council,
   Having regard to the opinion of the Employment Committee,
   Having regard to the opinion of the Economic and Financial Committee,
   Having regard to the opinion of the Social Protection Committee,
   Having regard to the opinion of the Economic Policy Committee,
   Whereas:

               (1)

               On 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 focuses 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, it adopted a decision on guidelines for the employment policies of the Member States (3), which together form the ‘integrated guidelines’. Member States were invited to take the integrated guidelines into account in their national economic and employment policies.

               (3)

               On 29 June 2012, the Member States' Heads of State or Government decided on a Compact for Growth and Jobs, providing a coherent framework for action at national, EU and euro area levels using all possible levers, instruments and policies. They decided on action to be taken at the level of the Member States, in particular expressing full commitment to achieving the objectives of the Europe 2020 strategy and to implementing the country-specific recommendations.

               (4)

               On 9 July 2013, the Council adopted a Recommendation (4) on Belgium's National Reform Programme for 2013 and delivered its opinion on Belgium's updated Stability Programme for 2012-2016. On 15 November 2013, in line with Regulation (EU) No 473/2013 of the European Parliament and of the Council (5), the Commission presented its opinion on Belgium's draft budgetary plan for 2014.

               (5)

               On 13 November 2013, the Commission adopted the Annual Growth Survey, marking the start of the 2014 European Semester for economic policy coordination. Also, on 13 November 2013, the Commission, on the basis of Regulation (EU) No 1176/2011, adopted the Alert Mechanism Report, in which it identified Belgium as one of the Member States for which an in-depth review would be carried out.

               (6)

               On 20 December 2013, the European Council endorsed the priorities for ensuring financial stability, fiscal consolidation and action to foster growth. It underscored the need to pursue differentiated, growth-friendly fiscal consolidation, to restore normal lending conditions to the economy, to promote growth and competitiveness, to tackle unemployment and the social consequences of the crisis, and to modernise public administration.

               (7)

               On 5 March 2014, the Commission published the results of its in-depth review for Belgium, under Article 5 of Regulation (EU) No 1176/2011. The Commission's analysis leads it to conclude that Belgium continues to experience macroeconomic imbalances, which require monitoring and policy action. In particular, developments with regard to the external competitiveness of goods continue to deserve attention as a persistent deterioration would threaten macroeconomic stability.

               (8)

               On 30 April 2014, Belgium submitted its 2014 National Reform Programme and its 2014 Stability Programme. In order to take account of their interlinkages, the two programmes have been assessed at the same time.

               (9)

               The objective of the budgetary strategy outlined in the 2014 Stability Programme is to reach a balanced budget in structural terms by 2016 and to achieve the medium-term objective the year thereafter. The Stability Programme confirms the previous medium-term objective of 0,75 % of GDP, which reflects the objectives of the Stability and Growth Pact, but its achievement is postponed to 2017, one year later than the target year set in last year's Stability Programme. The planned annual progress towards the medium-term objective is in line with the adjustment required by the Stability and Growth Pact. According to the Stability Programme, the expenditure benchmark is broadly met over the programme period. The debt is above the Treaty reference value of 60 % of GDP, at 101,5 % of GDP in 2013, and is expected to gradually decline to around 93 % of GDP in 2017 according to the Stability Programme. Overall, the objectives of the Stability Programme are in line with the requirements of the Stability and Growth Pact. The macroeconomic scenario underpinning the budgetary projections in the Stability Programme, which has been prepared by an independent institution (the Federal Planning Bureau), is plausible. Growth projections are close to the projections of the Commission services 2014 spring forecast. The fiscal trajectory is not yet supported by measures. The Commission forecast shows no structural improvement in 2014 and, under the usual no‐policy-change assumption, a structural deterioration in 2015. This puts the achievement of the targets at risk and could lead to a significant deviation from the adjustment towards the medium-term objective over 2014-15. Moreover, according to the Commission forecast, Belgium will not be compliant with the debt rule in both 2014 and 2015. Based on its assessment of the Stability Programme and the Commission forecast, pursuant to Regulation (EC) No 1466/97, the Council is of the opinion that Belgium has brought its general government deficit sustainably below 3 % of GDP in 2013, but is at risk of significantly deviating from the requirements of the preventive arm as from 2014.

               (10)

               Belgium has made substantial progress in introducing more structural coordination arrangements. A Cooperation Agreement on Fiscal Coordination concluded at the end of 2013 introduces a structural budget balance rule (defined in line with the medium-term objective) at general government level as required by the Fiscal Compact. Furthermore, it formalises established coordination practice by making (i) the role of the inter-governmental ‘Consultative Committee’ in the process official and (ii) the advisory role of the High Council of Finance more explicit. In addition, the Agreement foresees a strengthening of the monitoring role of the High Council through the introduction of an explicit correction mechanism in case of significant deviation from the agreed targets. Additional arrangements might be needed to make targets beyond 2014 binding.

               (11)

               While Belgium has recently managed to curb the rise in its public debt ratio, the public debt burden at 101,5 % of GDP is high and there are substantial liabilities and future obligations from pension commitments. If these are to be covered whilst maintaining high standards of living, future budgetary cost developments must be contained; activity and employment rates should be increased; and international competitiveness must be improved. In each of these areas, Belgium continues to face important challenges. Although Belgium has taken steps in the right direction that will produce effects in the coming years, more ambitious action will be required, all the more so as reforms are also unfolding in trading partners.

               (12)

               The overall tax level in Belgium is among the highest in the Union and the tax burden is heavily skewed towards labour, resulting in one of the largest tax wedges in the Union. A number of specific features of the tax system are environmentally harmful, such as the tax treatment of company cars. Some targeted measures have been taken to decrease labour costs for specific groups and to reduce the gap between gross and net wages at the bottom of the pay scale. However, no significant shift of the tax burden towards bases that are less detrimental to growth has taken place. First reflections on a comprehensive tax reform to facilitate the achievement of sustainability of public finances, support competitiveness and employment growth, and preserve the environment have been launched. Such comprehensive tax reform would need to involve shifting taxes away from labour, simplifying the tax system, increasing VAT efficiency, broadening tax bases, reducing tax expenditures, closing legislative loop-holes and phasing out environmentally harmful subsidies.

               (13)

               Belgium faces a very significant projected impact from ageing, with ageing costs projected to rise by more than 8 % of GDP between 2010 and 2060, in particular from pensions and long-term care. The recently initiated reform of social security for older people is set to have a positive impact on their employment. Nevertheless, given the magnitude of the challenge, additional efforts are required to achieve fiscal sustainability. These must take account of the need to maintain the adequacy of old age social security schemes. Measures are needed to link the retirement age to developments in life expectancy, to reduce the gap between the statutory and effective retirement age, and to improve the cost-effectiveness of public spending on long-term care.

               (14)

               Belgium faces a chronic underutilisation of labour. Activity and employment rates are below the EU average and stagnant, while long-term unemployment as a percentage of total unemployment remains high. In most cases, the large tax wedge on labour, through interaction with the benefit system, creates significant unemployment and inactivity traps for most categories of workers. While action has been taken to reduce unemployment traps for people with low salaries, the trap has widened for most other categories and inactivity traps remain pervasive. With labour costs remaining high, recruitment policies tend to minimise risk and penalise outsiders such as the young, the low-skilled and people with a migrant background, who, together with elderly workers, show labour market participation rates well below the EU average. Strong insider protection whereby changing job implies losing entitlements (e.g. severance pay, early retirement, seniority benefits), discourages professional mobility between jobs and sectors. Such inertia makes active labour market policies in Belgium relatively inefficient and leads to a situation where high unemployment in some areas and sectors exists alongside tight labour markets and growth-hampering skills shortages in others. Youth unemployment has increased significantly over the past year, with large differences across the regions and groups. Addressing the structural problem of skills mismatches will have to go hand in hand with fighting the pressing problem of early school leaving and of young people leaving education without qualifications. The sixth state reform offers the opportunity to improve the efficiency and targeting of employment policies, provided that cooperation between the federal and regional levels is optimised.

               (15)

               Belgium continues to experience worsening competitiveness, including as regards non cost aspects. In particular, the ability of manufacturing to compete internationally is eroding, which is reflected in diminishing margins for producers and in job destruction. Belgium has traditionally relied on wage indexation to maintain purchasing power. However, overshoots in total wage growth have been corrected late and insufficiently. Moreover, the central wage norm does not always allow for sectorial productivity developments and local labour market conditions to be reflected adequately. Consequently, wages have grown more quickly than productivity, leading to job and competitiveness losses. In consultation with the social partners and in accordance with national practice, Belgium would need to reform its system of wage formation so as to allow for greater sectorial wage dispersion and for wages to be better aligned with productivity developments. Prices in the retail sector remain higher than in neighbouring countries, while restrictions in professional services impede the development of innovative business models and restrain investment. Distribution tariffs for electricity remain among the highest in Europe and their planned regionalisation adds to the uncertainty with regard to the future evolution of distribution costs for end-users as the currently frozen tariff does not cover distributors' rising costs. If Belgium is to maintain high wages and at the same time create new jobs, it must produce and sell more sophisticated and higher value added goods in world markets than it is doing today. Belgium lacks fast-growing firms in innovative sectors. Innovation support is well developed and covers the full innovation cycle but has become complex and is fragmented. The growth of high added value activities is often hampered by the lack of sufficient skilled human resources.

               (16)

               Belgium is expected to fail to meet its 15 % reduction target for greenhouse gas emissions in the sectors not covered by the EU emission trading system by 2020 at least not without relying on flexibility mechanisms. While some initiatives are being undertaken, they seem to lack coherent direction and the combined impact of measures on reducing emissions, in particular from the transport sector and buildings, remains unclear. The reduction of VAT on electricity could further undermine efforts in that respect. Negotiations on a cooperation and burden-sharing agreement between federal state and regions have not resulted in a clear distribution of efforts. Road congestion is placing a heavy burden on the Belgian economy, as compared with most other countries. The severity of the problem requires a comprehensive policy response taking into account the potential of time differentiated congestion charging, reviewing the favourable tax treatment of the private use of company cars and fuel cards and increasing the efficiency of public transport.

               (17)

               In the context of the European Semester, the Commission has carried out a comprehensive analysis of Belgium's economic policy. It has assessed the National Reform Programme and the Stability Programme. It has taken into account not only their relevance for sustainable fiscal and socio-economic policy in Belgium 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 (6) below.

               (18)

               In the light of this assessment, the Council has examined the Stability Programme, and its opinion (6) is reflected in particular in recommendation (1) below.

               (19)

               In the light of the Commission's in-depth review and this assessment, the Council has examined the National Reform Programme and the Stability Programme. Its recommendations under Article 6 of Regulation (EU) No 1176/2011 are reflected in recommendations (2), (4), and (5) below.

               (20)

               In the context of the European Semester, the Commission has also carried out an analysis of the economic policy of the euro area as a whole. On this basis, the Council has issued specific recommendations addressed to the Member States whose currency is the euro (7). As a country whose currency is the euro, Belgium should also ensure the full and timely implementation of those recommendations,

         HEREBY RECOMMENDS that Belgium take action within the period 2014-2015 to:

               1.

               Following the correction of the excessive deficit, reinforce the budgetary measures for 2014 in the light of the emerging gap of 0,5 % of GDP based on the Commission services 2014 spring forecast, pointing to a risk of significant deviation relative to the preventive arm of the Stability and Growth Pact requirements. In 2015, significantly strengthen the budgetary strategy to ensure the required adjustment of 0,6 % of GDP towards the medium-term objective, which would also ensure compliance with the debt rule. Thereafter, until the medium-term objective is achieved, pursue the planned annual structural adjustment towards the medium-term objective, in line with the requirement of an annual structural adjustment of at least 0,5 % of GDP, and more in good economic conditions or if needed to ensure that the debt rule is met in order to put the high general government debt ratio on a sustained downward path. Ensure a balanced contribution by all levels of government to the fulfilment of fiscal rules including the structural budget balance rule, through a binding instrument with an explicit breakdown of targets within a medium-term planning perspective.

               2.

               Improve the balance and fairness of the overall tax system and prepare a comprehensive tax reform that will allow shifting taxes away from labour towards more growth friendly bases, simplifying the tax system, closing loopholes, increasing VAT efficiency, broadening tax bases, reducing tax expenditures and phasing out environmentally harmful subsidies.

               3.

               Contain future public expenditure growth relating to ageing, in particular from pensions and long-term care, by stepping up efforts to reduce the gap between the effective and statutory retirement age, bringing forward the reduction of early-exit possibilities, promoting active ageing, aligning the retirement age to changes in life expectancy, and improving the cost-effectiveness of public spending on long-term care.

               4.

               Increase labour market participation, in particular by reducing financial disincentives to work, increasing labour market access for disadvantaged groups such as the young and people with a migrant background, improving professional mobility and addressing skills shortages and mismatches as well as early school leaving. Across the country, strengthen partnerships of public authorities, public employment services and education institutions to provide early and tailor-made support to the young.

               5.

               Restore competitiveness by continuing the reform of the wage-setting system, including wage indexation, in consultation with the social partners and in accordance with national practice, to ensure that wage evolutions reflect productivity developments at sectorial and/or company levels as well as economic circumstances and to provide for effective automatic corrections when needed; by strengthening competition in the retail sectors, removing excessive restrictions in services, including professional services and addressing the risk of further increases of energy distribution costs; by promoting innovation through streamlined incentive schemes and reduced administrative barriers; and by pursuing coordinated education and training policies addressing the pervasive skills mismatches and regional disparities in early school leaving.

               6.

               Ensure that the 2020 targets for reducing greenhouse gas emissions from non-ETS activities are met, in particular as regards buildings and transport. Make sure that the contribution of transport is aligned with the objective of reducing road congestion. Agree on a clear distribution of efforts and burdens between the federal and regional entities.

      Done at Brussels, 8 July 2014.

            For the Council

            The President

         P. C. PADOAN

      (1)  OJ L 209, 2.8.1997, p. 1.

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

      (3)  Maintained for 2014 by Council Decision 2014/322/EU of 6 May 2014 on guidelines for the employment policies of the Member States for 2014 (OJ L 165, 4.6.2014, p. 49).

      (4)  OJ C 217, 30.7.2013, p. 5.

      (5)  Regulation (EU) No 473/2013 of the European Parliament and of the Council of 21 May 2013 on common provisions for monitoring and assessing draft budgetary plans and ensuring the correction of excessive deficit of the Member States in the euro area (OJ L 140, 27.5.2013, p.11).

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

      (7)  See page 141 of the current Official Journal.


title: Council Recommendation of 15 February 2011 on the appointment of a member of the Executive Board of the European Central Bank

text:
               22.2.2011

               EN

               Official Journal of the European Union

               C 56/1

         COUNCIL RECOMMENDATION
   of 15 February 2011
   on the appointment of a member of the Executive Board of the European Central Bank
   2011/C 56/01
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Articles 283(2) and 139(2)(h) thereof, and Articles 11.2 and 42.3 of the Protocol on the Statute of the European System of Central Banks and of the European Central Bank,
   HEREBY RECOMMENDS TO THE EUROPEAN COUNCIL:
   To appoint Mr Peter PRAET as member of the Executive Board of the European Central Bank for a term of office of eight years with effect from 1 June 2011.

      Done at Brussels, 15 February 2011.

            For the Council

            The President

         MATOLCSY Gy.


Avis juridique important

|

52004SC0087

Recommendation for a Council opinion in accordance with the third paragraph of Article 5 of Council Regulation (EC) No 1466/97 of 7 July 1997 on the updated stability programme of Luxembourg, 2002-2006  /* SEC/2004/0087 final */

Recommendation for a COUNCIL OPINION in accordance with the third paragraph of Article 5 of Council Regulation (EC) No 1466/97 of 7 July 1997 On the updated stability programme of Luxembourg, 2002-2006(presented by the Commission)EXPLANATORY MEMORANDUMCouncil Regulation (EC) No. 1466/97, on the strengthening of the surveillance of budgetary positions and the surveillance and co-ordination of economic policies [1], stipulated that countries participating in the single currency were to submit stability programmes to the Council and the Commission by 1 March 1999. In accordance with Article 5 of this Regulation, the Council had to examine each stability programme based on the assessments prepared by the Commission and the Committee set up by Article 114 (formerly 109c) of the Treaty (from 1 January 1999, the Economic and Financial Committee). The Commission adopted a recommendation on each programme. On the basis of this recommendation and after having consulted the Economic and Financial Committee, the Council delivered an opinion, following its examination of the programme.[1]  OJ L 209, 2.8.1997. The documents referred to in this text can be found at the following web siteThe first stability programme of Luxembourg covering the period 1998-2002 was submitted on 16 February 1999 and assessed by the Council on 15 March 1999 [2].[2]  OJ L 209, 5.5.1999.Luxembourg submitted its fifth and most recent update of the stability programme, covering the period 2002-2006, on 28 November 2003. The Commission services have carried out a technical evaluation of this updated programme, taking into account the information provided in accordance with the Code of Conduct [3], the Autumn forecasts as well as subsequent evaluations, the commonly agreed methodology for the estimation of cyclically-adjusted balances, the recommendations in the Broad Economic Policy Guidelines and the principles laid down in the Communication of the Commission to the Council of 27 November 2002 on strengthening the co-ordination of budgetary policies [4]. This evaluation warrants the following assessment:[3]   Revised Opinion of the Economic and Financial Committee on the content and format of stability and converge programmes, document EFC/ECFIN/404/01 - REV 1 of 27.6.2001 endorsed by the Ecofin Council on 10.7.2001.[4]  COM(2002) 668 final, 27.11.2002The 2003 update of the stability programme of Luxembourg incorporates the 2004 budget law that was approved by Parliament on 16 December 2003. The update complies with the Code of Conduct on the content and format of the programmes. However, a few non-compulsory variables which are valuable inputs to compute cyclically adjusted balances using the common production function method were not included.Real GDP growth in 2002 remained very weak by historical standards, at slightly above 1%, like in the year before. Real GDP growth is expected to have remained weak as well in 2003, at 1.2%. According to the central macroeconomic scenario underlying the update, which appears plausible and is quite close to the Commission Autumn 2003 forecast, economic growth is expected to pick up gradually to 2% in 2004. A further pick-up is forecast in the next two years and real GDP growth would be close to 4% in 2006. This is still below the estimated rate of potential growth on the basis of the common production function method. However, in the case of Luxembourg estimates of potential growth and the output gap should be treated with due caution, because of difficulties in extrapolating past productivity trends and in estimating the impact of cross-border employment. Employment growth is expected to slow down significantly compared to 2002 and the years before, following movements in activity with a lag, while HICP inflation is expected to moderate gradually from 2.5% in 2003 to 1.2% by 2.6 in response to weak activity and muted import prices.According to the update the general government budget balance deteriorated markedly in 2003, by no less than 3 percentage point of GDP to a deficit of 0.6% of GDP. This sharp deterioration mainly reflects the effects of the tax reform coinciding with a sharp economic slowdown, coupled with continued substantial growth in public expenditure and a deceleration in the collection of back taxes that had boosted revenue in 2002. The deficit is expected to worsen further to 1.8 and 2.3% of GDP in 2004 and 2005 respectively, as the expected economic recovery would be rather gradual, while the full impact of the earlier economic slowdown on revenue would be felt only with a substantial lag. The deficit would improve somewhat in 2006, to 1.5% of GDP, in response to the expected economic upturn and a deceleration in expenditure. The cyclically-adjusted budget balance, computed using the common production function method, is expected to remain positive over the horizon covered by the update, even though this assumes a potential growth rate that may be on the high end of plausible outcomes.The deterioration of the general government balance is for the largest part accounted for by central government. In the period 2004-2006, the deficit of central government is expected to widen to above 3% of GDP. The balance of local government is projected to have a slight deficit, largely due to the importance of lacklustre municipal corporate tax receipts as a source of revenue. By contrast, social security would offset part of the projected deficit in the other two sub-sectors of general government. However, surpluses in social security would be considerably smaller than in the past, largely reflecting expected weaker employment growth.Risks to the outlook for public finances appear skewed to the downside. If such risks materialise, it cannot be entirely ruled out that the deficit could rise to above 3% of GDP at some point in the period covered by the update. While recognising the sound starting position of public finances in Luxembourg, the March 2003 Council opinion on the previous stability programme update [5] highlighted the necessity to monitor closely fast growing current expenditure, in particular of central government. The update expects the growth rate of general government nominal expenditure to moderate substantially in the period 2004-2006, to around 4½% on average, down from around 8% in the previous decade. However, apart from an assumed decrease in the public investment ratio, the stability programme is not very explicit on how this deceleration of current expenditure would be achieved, other than by an expected decrease of public investment in the period 2004-2006. Should economic growth and thus tax revenue fall to rates below what is currently envisaged, additional measures might be needed to adjust expenditure levels. This may be necessary to prevent the nominal deficit from breaching the 3% of GDP threshold and to ensure that a budgetary position close to balance or in surplus would be maintained in the medium to long run.[5]  OJ C 64 18.3.2002Luxembourg is in a good position to meet the budgetary consequences of the ageing population. There are no risks of unsustainable public finances in the long term. The debt to GDP ratio will remain very low and is expected to decrease to below 5% of GDP over the projection period. Moreover, substantial additional financial assets have been accumulated that could help bridge a spell of weak economic growth. Some uncertainties remain on long term trends in Luxembourg due to the lack of complete information on age-related expenditures and the key role that cross-borders workers play in the national labour market.The update is broadly consistent with the 2003 Broad Economic Policy Guidelines, in particular those with budgetary implications.Based on this assessment, the Commission has adopted the attached recommendation for a Council Opinion on the Stability Programme update for Luxembourg and is forwarding it to the Council.Recommendation for a COUNCIL OPINION in accordance with the third paragraph of Article 5 of Council Regulation (EC) No 1466/97 of 7 July 1997 On the updated stability programme of Luxembourg, 2002-2006THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community,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 co-ordination of economic policies [6], and in particular Article 5(3) thereof,[6]  OJ L 209, 2.8.1997Having regard to the recommendation of the Commission, after consulting the Economic and Financial Committee,HAS DELIVERED THIS OPINION:On [10 February 2004] the Council examined the 2003 update of the stability programme of Luxembourg, which covers the period 2002 to 2006. The updated programme complies with the data requirements of the revised "code of conduct" on the content and format of stability and convergence programmes.The budgetary strategy underlying the update is based on maintaining balanced public finances in the medium term. While the government intends not to cut public spending drastically in the present period of weak economic growth, measures have been taken to limit the growth rate of public expenditure.The update projects real GDP growth at 1.2% in 2003, from 1.3% in 2002. In 2004 growth is estimated to pick up to 2%, increasing to 3.8% in 2006. Employment growth is expected to decelerate to around 1% in 2004 and to increase to slightly above 2% by 2006. HICP inflation is forecast to decrease gradually to around 1.3% in 2006. On the basis of currently available information, the macro-economic scenario underlying the programme seems plausible for 2004 and 2005. However, the growth projection for 2006 may be on the high side.The update targets a general government deficit of 1.5% of GDP in 2004, a marked deterioration from the 0.6% of GDP deficit foreseen for 2003. This deterioration to a large extent seems to reflect the lagged impact of the economic slowdown on public finances. In cyclically adjusted terms, based on Commission calculations according to the commonly agreed methodology, there would be a stable surplus. In 2005, the deficit would rise further to 2.3% of GDP, and it would decrease again to 1.5% of GDP in 2006. In cyclically-adjusted terms, a surplus would be maintained. The debt ratio is forecast to decline somewhat over the time horizon covered by the update, 5.2% of GDP in 2004 to 4.4% of GDP in 2006.The balance of risks to the budgetary projections seems skewed to the downside. This regards in particular the strength of the expected cyclical upturn, and the feasibility of the planned slowdown in expenditure in the baseline projection of the update. The budgetary stance in the programme does not seem to provide a sufficient safety margin under normal macroeconomic fluctuations to rule out a breaching of the 3% of GDP deficit threshold at some point over the programme horizon, in particular in 2005. On the other hand, the changes in the cyclically adjusted balance indicate that the maintenance of a budgetary position close to balance seems sufficiently established by the programme.However, the estimate of the output gap and hence the cyclically-adjusted balance present unusual margins of uncertainty due to the special features of the economy of Luxembourg. In particular, current estimates of the rate of potential growth in the medium term may be on the high end of plausible outcomes. Although the starting position of public finances is very sound, some expenditure restraint may be in order to ensure that public expenditure remains in line with the revenue base in the medium term. Further, it has to be noted that the ratio of public investment to GDP would decline somewhat over the time horizon covered, but would remain well above the EU average at more than 4% of GDP.Luxembourg presents no risks of unsustainable public finances in the long term. The debt to GDP ratio will remain very low over the projection period, and the total net asset position is even more favourable in view of the substantial financial assets accumulated over past years with fiscal surpluses.The economic policies as reflected in the updated programme are broadly consistent with the recommendations in the Broad Economic Policy Guidelines, specifically those with budgetary implications.


title: Commission Recommendation of 3 October 2008 on the active inclusion of people excluded from the labour market (notified under document number C(2008) 5737)

text:
               18.11.2008

               EN

               Official Journal of the European Union

               L 307/11

      COMMISSION RECOMMENDATION

   of 3 October 2008
   on the active inclusion of people excluded from the labour market
   (notified under document number C(2008) 5737)
   (2008/867/EC)
   THE COMMISSION OF THE EUROPEAN COMMUNITIES,
   Having regard to the Treaty establishing the European Community, and in particular Article 211 thereof,
   Whereas:

               (1)

               Respect for human dignity is a founding principle of the European Union, among whose aims are the promotion of full employment and social progress, the combating of social exclusion and discrimination and the promotion of social justice and social protection. In accordance with Article 137(1)(h) of the Treaty, the Community has a role to play in supporting and complementing the activities of the Member States in the integration of persons excluded from the labour market. Article 34 of the Charter of Fundamental Rights of the European Union provides for the right to social and housing assistance so as to ensure a decent existence for all those who lack sufficient resources.

               (2)

               Council Recommendation 92/441/EEC of 24 June 1992 on common criteria concerning sufficient resources and social assistance in social protection systems (1) remains a reference instrument for Community policy in relation to poverty and social exclusion and has lost none of its relevance, although more needs to be done to implement it fully.

               (3)

               Since 1992 new policy instruments have emerged. One such instrument is the Open method of coordination on social protection and social inclusion (OMC), the objectives of which include the active social inclusion of all, to be ensured by promoting participation in the labour market and by fighting poverty and exclusion among the most marginalised people and groups (2). Another instrument is the European employment strategy, which aims, inter alia, to strengthen social inclusion, fight poverty, prevent exclusion from the labour market and support integration into employment of people at a disadvantage (3).

               (4)

               The persistence of poverty and joblessness and the growing complexities of multiple disadvantages call for comprehensive, integrated policies (4). With a view to modernising social protection systems, adequate income support needs to be combined with a link to the labour market and access to quality services in an integrated active inclusion strategy (5). This strategy is fully complementary to the flexicurity approach, while targeting those excluded from the labour market. It contributes to the Lisbon strategy by facilitating the activation and the mobility of the workforce, and represents a building block in the social dimension of the EU’s sustainable development strategy (6).

               (5)

               Consideration should be given to national priorities and the availability of financial resources when this Recommendation is gradually implemented.

               (6)

               This Recommendation and the implementation of the common principles set out herein are without prejudice to the application of Community law, including State aid rules and the General block exemption Regulation (7), and the Community rules on the award of public contracts.

               (7)

               In accordance with the principle of subsidiarity, the Member States are responsible for defining the level of income support and for establishing the appropriate policy mix in the light of the different situations and needs at local, regional and national level,

         HEREBY RECOMMENDS THAT THE MEMBER STATES SHOULD:
   1.   Design and implement an integrated comprehensive strategy for the active inclusion of people excluded from the labour market combining adequate income support, inclusive labour markets and access to quality services. Active inclusion policies should facilitate the integration into sustainable, quality employment of those who can work and provide resources which are sufficient to live in dignity, together with support for social participation, for those who cannot.
   2.   Ensure the effectiveness of integrated active inclusion policies through:

               (a)

               comprehensive policy design defining the right mix of the three strands of the active inclusion strategy, taking account of their joint impact on the social and economic integration of disadvantaged people and their possible interrelationships, including synergies and trade-offs;

               (b)

               integrated implementation across the three strands of the active inclusion strategy to effectively address the multifaceted causes of poverty and social exclusion and enhance coordination between public agencies and services which deliver active inclusion policies;

               (c)

               policy coordination among local, regional, national and EU authorities in the light of their particular roles, competences and priorities;

               (d)

               active participation of all other relevant actors, including those affected by poverty and social exclusion, the social partners, non-governmental organisations and service providers, in the development, implementation and evaluation of strategies.

         3.   Ensure that active inclusion policies:

               (a)

               support the implementation of fundamental rights;

               (b)

               promote gender equality and equal opportunities for all;

               (c)

               take careful consideration of the complexities of multiple disadvantages and the specific situations and needs of the various vulnerable groups;

               (d)

               take due account of local and regional circumstances and improve territorial cohesion;

               (e)

               be consistent with a lifecycle approach to social and employment policies so they can support intergenerational solidarity and break the intergenerational transmission of poverty.

         4.   Organise and implement integrated active inclusion policies in accordance with the following common principles and guidelines for each strand, while respecting the principle of subsidiarity and their different situations, needs and priorities without prejudice to the application of Community law, including State aid rules and the Community rules on the award of public contracts.
   (a)   Adequate income support
   Recognise the individual’s basic right to resources and social assistance sufficient to lead a life that is compatible with human dignity as part of a comprehensive, consistent drive to combat social exclusion.

               (i)

               Review their social protection systems, as necessary, in the light of the common principles listed in paragraph B of Recommendation 92/441/EEC. In particular, under an active inclusion strategy, the right to sufficient resources should:

                           —

                           be combined with active availability for work or for vocational training with a view to obtaining work in the case of persons whose conditions permit such active availability, or be subject, where appropriate, to economic and social integration measures in the case of other persons,

                           —

                           be combined with policies deemed necessary, at national level, for the economic and social integration of those concerned.

               (ii)

               Ensure the implementation of that right in accordance with the practical guidelines in paragraphs C(1), C(2) and C(3) of Recommendation 92/441/EEC. In particular, when the resources necessary to lead a life of dignity are determined, living standards and price levels by type and size of household in the Member State concerned should be taken into account using the appropriate national indicators. Within an active inclusion framework, an incentive to seek employment for persons whose condition renders them fit for work should be safeguarded and the amounts adjusted or supplemented to meet specific needs.

         (b)   Inclusive labour markets
   Adopt arrangements covering persons whose condition renders them fit for work to ensure they receive effective help to enter or re-enter and stay in employment that corresponds to their work capacity.

               (i)

               Promote the following common principles in the context of active inclusion strategies:

                           —

                           address the needs of people excluded from the labour market in order to facilitate their progressive reintegration into society and into the labour market and to enhance their employability,

                           —

                           take the necessary measures to promote inclusive labour markets in order to ensure access to employment is an opportunity open for all,

                           —

                           promote quality jobs, including pay and benefits, working conditions, health and safety, access to lifelong learning and career prospects, in particular with a view to preventing in-work poverty,

                           —

                           tackle labour market segmentation by promoting job retention and advancement.

               (ii)

               Implement these principles through the following practical guidelines:

                           —

                           expand and improve investment in human capital through inclusive education and training policies, including effective lifelong strategies; adapt education and training systems in response to new competence requirements, and the need for digital skills,

                           —

                           active and preventive labour market measures, including tailored, personalised, responsive services and support involving early identification of needs, job-search assistance, guidance and training, and motivation to seek a job actively,

                           —

                           continually review the incentives and disincentives resulting from tax and benefit systems, including the management and conditionality of benefits and a significant reduction in high marginal effective tax rates, in particular for those with low incomes, while ensuring adequate levels of social protection,

                           —

                           provide support for the social economy and sheltered employment as a vital source of entry jobs for disadvantaged people, promote financial inclusion and microloans, financial incentives for employers to recruit, the development of new sources of jobs in services, particularly at local level, and raise awareness of labour market inclusiveness,

                           —

                           promote adaptability and provide in-work support and a supportive environment, including attention to health and well-being, non-discrimination and the application of labour law in conjunction with social dialogue.

         (c)   Access to quality services
   Take every measure to enable those concerned, in accordance with the relevant national provisions, to receive appropriate social support through access to quality services. In particular, measures should be taken to:
   provide services which are essential to supporting active social and economic inclusion policies, including social assistance services, employment and training services, housing support and social housing, childcare, long-term care services and health services in accordance with the following common principles, taking the role of local, regional and national authorities, applicable Community rules and the different situations, needs and preferences in the Member States into account:

               —

               territorial availability, physical accessibility, affordability,

               —

               solidarity, equal opportunities for service users and employees, and due account for diversity of users,

               —

               investment in human capital, working conditions, and adequate physical infrastructure,

               —

               comprehensive and coordinated services, conceived and delivered in an integrated manner,

               —

               users’ involvement and personalised approaches to meet the multiple needs of people as individuals,

               —

               monitoring and performance evaluation and sharing of best practice.

         5.   Guarantee the relevant resources and benefits under the social protection arrangements; use the provisions and resources of the Structural Funds, in particular the European Social Fund, to support active inclusion measures.
   Lay down detailed arrangements and finance costs and organise their administration and implementation in accordance with national legislation and/or practice.
   Take economic and budgetary constraints, the priorities set by national authorities and the state of public finances into account in order to strike the right balance between work incentives, poverty alleviation and sustainable budgetary costs.
   Take the necessary measures to ensure that all, including the least privileged, are informed of their rights and of the support available, with the aid, where appropriate, of information technologies.
   Simplify as far as possible the administrative procedures and arrangements for examining resources and situations.
   Where possible, organise in accordance with national provisions the machinery for appeals before the competent administrative authorities and, where necessary, independent third parties, such as tribunals, to which the persons concerned should have easy access.
   6.   Improve indicators and information systems in order to upgrade capacity to produce up-to-date, comparable information across all the active inclusion pillars.
   Monitor and evaluate active inclusion policies under the open method of coordination on the basis of close cooperation between the Social Protection Committee and the Employment Committee and with support from the Progress programme.
   Ensure consistency with the Lisbon strategy’s overall policy in relation to the social cohesion objectives.
   This Recommendation is addressed to the Member States.

      Done at Brussels, 3 October 2008.

            For the Commission

         Vladimír ŠPIDLA

            Member of the Commission

      (1)  OJ L 245, 26.8.1992, p. 46.

      (2)  Communication COM(2005) 706 — Working together, working better: a new framework for the open coordination of social protection and inclusion policies in the European Union.

      (3)  Council Decision of 7 July 2008 on Guidelines for the employment policies of the Member States, Council Document 10614/2/082008 (not yet published in the Official Journal).

      (4)  Communications COM(2007) 620 — Modernising social protection for greater social justice and economic cohesion: taking forward the active inclusion of people furthest from the labour market, and COM(2005) 33 on the social agenda.

      (5)  Communication COM(2006) 44 — Concerning a consultation on action at EU level to promote the active inclusion of the people furthest from the labour market.

      (6)  Communication COM(2007) 620 — Presidency conclusions of Brussels European Council of 14 December 2007 and SPC orientation note on active inclusion of 3 July 2008. In particular, see also Council Conclusions of 5 December 2007, Document 16139/07; opinion of the Committee of the Regions of 18 June 2008 on Active Inclusion (Doc. CdR 344/2007); opinion of the European Economic and Social Committee of 27 October 2007 on minimum social standards (Doc. CESE 892/2007).

      (7)  Commission Regulation (EC) No 800/2008 of 6 August 2008 declaring certain categories of aid compatible with the common market in application of Articles 87 and 88 of the Treaty (General block exemption Regulation) (OJ L 214, 9.8.2008, p. 3).