title: Council Recommendation of 9 July 2013 on the National Reform Programme 2013 of Spain and delivering a Council opinion on the Stability Programme of Spain, 2012-2016

text:
               30.7.2013

               EN

               Official Journal of the European Union

               C 217/81

      COUNCIL RECOMMENDATION

   of 9 July 2013
   on the National Reform Programme 2013 of Spain and delivering a Council opinion on the Stability Programme of Spain, 2012-2016
   2013/C 217/20
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Articles 121(2) and 148(4) thereof,
   Having regard to Council Regulation (EC) No 1466/97 of 7 July 1997 on the strengthening of the surveillance of budgetary positions and the surveillance and coordination of economic policies (1), and in particular Article 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 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 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, 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 achieve the objectives of the Europe 2020 strategy and to implement the country-specific recommendations.

               (4)

               On 10 July 2012, the Council adopted a Recommendation (4) on Spain’s National Reform Programme for 2012 and delivered its opinion on Spain’s Stability Programme for 2012-2015.

               (5)

               On 28 November 2012, the Commission adopted the Annual Growth Survey, marking the start of the 2013 European Semester for economic policy coordination. On 28 November 2012, the Commission, on the basis of Regulation (EU) No 1176/2011, adopted the Alert Mechanism Report, in which it identified Spain as one of the Member States for which an in-depth review would be carried out.

               (6)

               The European Parliament has been duly involved in the European Semester, in accordance with Regulation (EC) No 1466/97, and, on 7 February 2013, adopted a resolution on employment and social aspects in the Annual Growth Survey 2013 and a resolution on the contribution to the Annual Growth Survey 2013.

               (7)

               On 14 March 2013, the European Council endorsed the priorities for ensuring financial stability, fiscal consolidation and action to foster growth. It underscored the need to pursue differentiated, growth-friendly fiscal consolidation, to restore normal lending conditions to the economy, to promote growth and competitiveness, to tackle unemployment and the social consequences of the crisis, and to modernise public administration.

               (8)

               On 10 April 2013, the Commission published the results of its in-depth review for Spain, under Article 5 of Regulation (EU) No 1176/2011. The Commission’s analysis leads it to conclude that Spain is experiencing excessive macroeconomic imbalances. In particular, very high domestic and external debt levels continue to pose risks for growth and financial stability; the banking sector is undergoing a process of recapitalisation and restructuring, including with public money; rigidities in product and labour markets contribute to high and rising unemployment, and more generally hinder the adjustment of the economy. Although adjustment is taking place, the magnitude of the necessary correction requires continuous strong policy action, in the areas of product and service markets, labour market, financial sector, and public finances.

               (9)

               On 30 April 2013, Spain submitted its 2013 National Reform Programme and its Stability Programme for the period 2012-2016. In order to take account of their interlinkages, the two Programmes have been assessed at the same time.

               (10)

               Based on the assessment of the Stability Programme pursuant to Article 5(1) of Regulation (EC) No 1466/97, the Council is of the opinion that the macroeconomic scenario underpinning the budgetary projections in the Programme is broadly plausible for 2013 and subject to some downside risks in 2014 and beyond compared with the Commission services 2013 spring forecast. Although the Stability Programme projects growth to be lower over the 2014-2016 period compared to the Commission services 2013 spring forecast, the latter is based on a no-policy-change assumption and hence does not take into account the fiscal consolidation that will be needed to attain the budgetary targets in the Stability Programme. The objective of the budgetary strategy outlined in the Stability Programme is to bring the general government deficit below the 3 %-of-GDP reference value by 2016. The consolidation relies mainly on expenditure restraint with the expenditure ratio decreasing by 3,7 percentage points over the 2012-16 period, but also on some revenue-increasing measures. Based on the (recalculated) structural balance (5) the annual improvement of the structural deficit planned in the Stability Programme is 1,2 %, 0,4 %, 0,9 % and 0,9 % of GDP for the years 2013 to 2016. Following the correction of the excessive deficit, the Stability Programme confirms the medium-term objective (MTO) of a balanced budgetary position in structural terms, which would be achieved by 2018. The MTO is more ambitious than required by the Stability and Growth Pact. The envisaged pace of adjustment in structural terms in 2017-2018 represents sufficient progress towards the MTO. The Stability Programme projects the government debt ratio to peak in 2016 and to start declining thereafter.
               The deficit and debt adjustment paths are subject to downside risks. Measures to support the deficit targets are not sufficiently specified, especially at regional level. For 2016, the Stability Programme does not present any measures and previous temporary measures are extended only to 2014. Planned savings from the local government reform are subject to significant implementation risks. Moreover, there are uncertainties surrounding the economic, labour market and financial situation as well as revenue developments in the context of persisting large macroeconomic imbalances. Fully implementing the adopted early retirement reform and reaching an agreement on the sustainability factor would mitigate risks in the social security system. A further risk stems from contingent liabilities linked with asset protection schemes/guarantees. There has been major progress in the reporting of budgetary execution, but there is scope for a more transparent and timely implementation of the Budgetary Stability Law’s preventive and corrective mechanisms. Systematic and timely reporting on government arrears, whose large outstanding stock required an ad-hoc repayment scheme, is missing. The establishment of an independent fiscal council has been lagging behind schedule. A proposed revision of indexation rules for all public revenues and expenditures would bring budgetary savings and a higher responsiveness of prices to economic conditions. The National Reform Programme also acknowledges the need to further improve cost-effectiveness in healthcare and pharmaceutical expenditure, for example by revising reference prices and centralising purchasing of pharmaceutical products, or extending co-payments.

               (11)

               While significant rebalancing of the relative tax burden towards consumption and environmental taxes took place in 2012, the Spanish tax-to-GDP ratio remains among the lowest in the Union. The efficiency of the tax system can be improved further by increasing the share of more growth-friendly indirect taxes and by tackling tax fraud and evasion, in line with the fiscal consolidation efforts. Spain took some measures to address the debt bias in corporate taxation, but further efforts are necessary in the context of high private indebtedness.

               (12)

               The financial sector adjustment programme is on track. In particular, the necessary recapitalisations have been carried out, and the asset management company Sareb has been set up. The restructuring of banks, in accordance with the decisions taken under State aid rules, will require continued attention in the coming years. To alleviate the funding and liquidity constraints on companies, Spain implemented, in 2012, a large plan for payment of regional and local governments’ commercial debt to companies (EUR 27,3 bn) and launched various initiatives to widen the financing options for firms. An extension of that plan is foreseen for 2013.

               (13)

               The situation in the labour market remains critical. The readjustment of the economy away from domestic demand and construction in a context of market rigidities and skills mismatch, among other things, have contributed to the increase in the unemployment rate to 27 % in early 2013. Of particular concern is the marked increase of the youth unemployment rate to 56 % and the rise of long-term unemployment to 44,4 % of total unemployment at the end of 2012. Available data suggest that the 2012 labour market reform has started to lead to higher internal (within the firm) flexibility, to some reduction of dismissal costs and to increasing wage moderation. An official assessment of the reform against its stated objectives, with a view to complementing it where needed, has been announced in the National Reform Programme for July 2013. Reforms in the field of active labour market policies have lagged behind and actions to modernise and reinforce the Public Employment Service itself are still needed and the recently adopted opening for private placement agencies remains to be made fully operational as well as the cooperation between national and regional public employment services (Single Job Portal).

               (14)

               A high share of unemployed without formal qualifications (35 %) and inadequate labour market relevance of education and training contribute to the high youth unemployment rate, as well as to long-term unemployment. The national Youth Employment and Entrepreneurship Strategy 2013-2016, presented in March 2013, incorporates a range of short- and longer-term measures intended to improve employment opportunities for young people. At the same time, dual vocational training has been introduced and pilot projects already started in 2012. The 2013 National Reform Programme also highlights the importance of a swift implementation of the reform of the educational system and improving the overall quality of education and training.

               (15)

               Mainly as a result of the labour market situation, but also due to the limited effectiveness of social protection in reducing poverty, Spain is below the EU average in the main key indicators measuring poverty and social exclusion, with children being particularly exposed. Overall, no major improvements were registered in the development of new policy measures. The National Reform Programme does not include information on the content or the timeframe for the approval of the National Action Plan on Social Inclusion 2013-2016. The key challenges lie in the need to rationalise targets and resources under an adequate policy framework, improve governance and inter-institutional coordination at national, regional and local levels, simplify procedures for social assistance claimants and review mobility barriers. Some progress was registered in measures to tackle child poverty and improve the efficiency of family support services.

               (16)

               Weaknesses in the business environment such as segmentation of the domestic market or entry barriers in services’ industries, hold back job creation and reform progress in this area is taking longer than envisaged in the September 2012 reform plan. The first draft of the Law on Market Unity was adopted by the Government in January 2013 and its final approval by Parliament is foreseen by end-2013. The reiterated commitments in the 2013 National Reform Programme foresee a first draft of the law on professional services by the end of June 2013 and final adoption of the Law on entrepreneurship and on company internationalisation before the end of 2013. In spite of the expected effects of these reforms, there is still scope to further ease market entry and exit conditions, in particular by reducing the time needed for business licensing and by reviewing the insolvency framework. Moreover, regulatory and other barriers to firms’ growth should be tackled. In spite of recent reforms, barriers to entry for large-surface outlets continue to limit competition in the retail sector. In September 2012 the Government adopted a draft law to merge the national competition authority with supervisory and regulatory authorities in six sectors, thus creating a single body — the National Commission for Markets and Competition (CNMC). This reform aims at a consistent application of competition principles across the various economic sectors. Removing the tax deductibility of mortgage interest payments and re-payments in 2012 was essential to shifting incentives away from home ownership, but efforts to create a larger and more efficient rental market, which would also support labour mobility, are still at an early stage.

               (17)

               The electricity tariff deficit, which implies a potentially sizeable contingent liability for the budget and non-negligible macroeconomic risks, has not yet been tackled conclusively, as the measures presented during 2012 and in early 2013 have been insufficient. In the 2013 National Reform Programme, the Government announced that a draft law further reforming the electricity sector will be presented by the end of June 2013. There is scope for further improving competition in the retail electricity market. The transport infrastructure is abundant but there is scope to make the selection of investment more stringent and prioritise efficient maintenance of existing networks. Setting up an independent observatory, as planned, would help in this respect. At the same time, technical and legal obstacles prevent competition in railway freight and passenger transport.

               (18)

               The highly decentralised setting calls for enhanced coordination between the various public administrations, both to reduce costs and to limit the administrative burden on companies and households. To this end, several initiatives have been undertaken or are on-going. In particular in February 2013 the Government presented a draft Law on Local Administration Reform (to be adopted by Parliament before end-2013) and a committee for the reform of the public administration was established. It will present proposals for a reform of the Spanish public administration by the end of June 2013. Reforms to improve the working of the judicial system are on-going, although some measures are accumulating delays and scope still exists to improve the efficiency of the Spanish judiciary.

               (19)

               In the context of the European Semester, the Commission has carried out a comprehensive analysis of Spain’s economic policy. It has assessed the Stability Programme and National Reform Programme. It has taken into account not only their relevance for sustainable fiscal and socioeconomic policy in Spain 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 (9) below.

               (20)

               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.

               (21)

               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. The assessment concludes that the proposed reform agenda is comprehensive and goes in the right direction. At the same time, the assessment underscores the urgency of adopting and effectively implementing the missing reforms so that they can start deploying the expected positive effects. Its recommendations under Article 6 of Regulation (EU) No 1176/2011 are reflected in recommendations (1), (2), (3), (4), (5), (7), (8) and (9) below.

               (22)

               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, Spain should also ensure the full and timely implementation of those recommendations,

         HEREBY RECOMMENDS that Spain take action within the period 2013-2014 to:

               1.

               Deliver the structural fiscal effort as required by the Council recommendation under the EDP to ensure correction of the excessive deficit by 2016. To this end, implement the measures adopted in the 2013 budget plans at all levels of government, reinforce the medium-term budgetary strategy with sufficiently specified structural measures for the years 2014-2016. A durable correction of the fiscal imbalances is predicated upon the credible implementation of ambitious structural reforms which would increase the adjustment capacity and boost potential growth and employment. After achieving the correction of the excessive deficit, pursue the structural adjustment at an appropriate pace so as to reach the MTO by 2018. Ensure a strict and transparent enforcement of the preventive and corrective measures provided for in the Budgetary Stability Organic Law. Establish an independent fiscal authority before the end of 2013 to provide analysis, advice and monitor compliance of fiscal policy with national and EU fiscal rules. Improve the efficiency and quality of public expenditure at all levels of government, and conduct a systematic review of major spending items by March 2014. Increase the cost-effectiveness of the health-care sector, while maintaining accessibility for vulnerable groups, for example by reducing hospital pharmaceutical spending, strengthening coordination across types of care and improving incentives for an efficient use of resources. Take measures to reduce the outstanding amount of government arrears, avoid their further accumulation and regularly publish data on outstanding amounts. Adopt the dis-indexation law to reduce the degree of price inertia in public expenditures and revenues, in time to have it in force by the beginning of 2014 and consider additional steps to limit the application of indexation clauses. Finalise by end-2013 the regulation of the sustainability factor so as to ensure the long-term financial stability of the pension system, including by increasing the effective retirement age by aligning the retirement age or pension benefits to changes in life expectancy.

               2.

               Conduct a systematic review of the tax system by March 2014. Consider further limiting tax expenditure in direct taxation, explore the scope to further limit the application of the reduced VAT rates and take additional steps in environmental taxation, in particular, as regards excise duties and fuel taxes. Take further measures to address the debt bias in corporate taxation. Intensify the fight against the shadow economy and undeclared work.

               3.

               Implement the financial sector programme for the recapitalisation of the financial institutions, including the measures promoting non-bank intermediation adopted in November 2012.

               4.

               Finalise the evaluation of the 2012 labour market reform covering the full range of its objectives and measures by July 2013, and present amendments, if necessary, by September 2013. Adopt the 2013 national Employment Plan by July 2013 and enact swiftly a result-oriented reform of active labour market policies, including by strengthening the targeting and efficiency of guidance. Reinforce and modernise public employment services to ensure effective individualised assistance to the unemployed according to their profiles and training needs. Reinforce the effectiveness of re-skilling training programmes for older and low-skilled workers. Fully operationalise the Single Job Portal and speed up the implementation of public-private cooperation in placement services to ensure its effective application already in 2013.

               5.

               Implement and monitor closely the effectiveness of the measures to fight youth unemployment set out in the Youth Entrepreneurship and Employment Strategy 2013-2016, for example through a Youth Guarantee. Continue with efforts to increase the labour market relevance of education and training, to reduce early school leaving and to enhance life-long learning, namely by expanding the application of dual vocational training beyond the current pilot phase and by introducing a comprehensive monitoring system of pupils’ performance by the end of 2013.

               6.

               Adopt and implement the necessary measures to reduce the number of people at risk of poverty and/or social exclusion by reinforcing active labour market policies to improve employability of people further away from the labour market and by improving the targeting and increasing efficiency and effectiveness of support measures including quality family support services.

               7.

               Urgently adopt and implement the draft Law on Market Unity and speed up all complementary actions needed for its swift implementation. Ensure the effectiveness, autonomy and independence of the newly created regulatory authority. By the end of 2013, adopt and implement the Law on professional associations and services, so as to remove any unjustified restriction on access to, and exercise of, professional activities, and the Law on Entrepreneurship. Regroup and concentrate support schemes for the internationalisation of firms. Reduce the number and shorten licensing procedures, including for industrial activities, and spread the use of the ‘express licence’ approach to activities other than retail. Review insolvency frameworks for companies and individuals, including through limiting personal liability of entrepreneurs and easing second chances for failed businesses. Remove unjustifiable restrictions to the establishment of large-scale retail premises. By March 2014, review the effectiveness of the regulatory framework to support the development of the housing rental market.

               8.

               Tackle the electricity tariff deficit by adopting and implementing a structural reform of the electricity sector by the end of 2013. Intensify efforts to complete the electricity and gas interconnections with neighbouring countries. Reduce the contingent liability for public finances stemming from unprofitable transport infrastructure. Set up an independent observatory to contribute to the assessment of future major infrastructure projects. Take measures to ensure effective competition in freight and passenger rail services.

               9.

               Adopt, in line with the presented timetable the reform of the local administration and define by October 2013, a plan to enhance the efficiency of the overall public administration. Adopt and implement the ongoing reforms to enhance the efficiency of the judicial system.

      Done at Brussels, 9 July 2013.

            For the Council

            The President

         R. ŠADŽIUS

      (1)  OJ L 209, 2.8.1997, p. 1

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

      (3)  Maintained for 2013 by Council Decision 2013/208/EU of 22 April 2013 on guidelines for the employment policies of the Member States (OJ L 118, 30.4.2013, p. 21).

      (4)  OJ C 219, 24.7.2012, p. 81.

      (5)  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.

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

      (7)  See page 97 of the current Official Journal.


title: 2012/128/EU: Council Recommendation of 21 February 2012 concerning the discharge to be given to the Commission in respect of the implementation of the operations of the European Development Fund (ninth EDF) for the financial year 2010

text:
               29.2.2012

               EN

               Official Journal of the European Union

               L 55/33

         COUNCIL RECOMMENDATION
   of 21 February 2012
   concerning the discharge to be given to the Commission in respect of the implementation of the operations of the European Development Fund (ninth EDF) for the financial year 2010
   (2012/128/EU)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to the Partnership Agreement between the members of the African, Caribbean and Pacific Group of States of the one part, and the European Community and its Member States, of the other part, signed in Cotonou on 23 June 2000 (1) and amended by the Agreement signed in Luxembourg on 25 June 2005 (2),
   Having regard to the Internal Agreement between Representatives of the Governments of the Member States, meeting within the Council, on the Financing and Administration of Community Aid under the Financial Protocol to the Partnership Agreement between the African, Caribbean and Pacific States and the European Community and its Member States signed in Cotonou (Benin) on 23 June 2000 and the allocation of financial assistance for the Overseas Countries and Territories to which Part Four of the EC Treaty applies (3) (the ‘Internal Agreement’), setting up, amongst others, the ninth European Development Fund (ninth EDF), and in particular Article 32(3) thereof,
   Having regard to the Financial Regulation of 27 March 2003 applicable to the 9th European Development Fund (4), and in particular Articles 96 to 103 thereof,
   Having examined the revenue and expenditure account and the balance sheet relating to the operations of the ninth EDF as at 31 December 2010 and the Annual Report of the Court of Auditors on the activities funded by the 8th, 9th and 10th European Development Funds (EDFs) (5), concerning the financial year 2010, together with the Commission’s replies contained in that Annual Report,
   Whereas:

               (1)

               Pursuant to Article 32(3) of the Internal Agreement, the discharge for the financial management of the ninth EDF is to be given to the Commission by the European Parliament on the recommendation of the Council.

               (2)

               The overall implementation by the Commission of the operations of the ninth EDF during the financial year 2010 has been satisfactory,

         HEREBY RECOMMENDS that the European Parliament give the Commission a discharge in respect of the implementation of the operations of the ninth EDF for the financial year 2010.

      Done at Brussels, 21 February 2012.

            For the Council

            The President

         M. VESTAGER

      (1)  OJ L 317, 15.12.2000, p. 3.

      (2)  OJ L 287, 28.10.2005, p. 4.

      (3)  OJ L 317, 15.12.2000, p. 355.

      (4)  OJ L 83, 1.4.2003, p. 1.

      (5)  OJ C 326, 10.11.2011, p. 251.


				|

		52013DC0378

			Recommendation for a COUNCIL RECOMMENDATION on the United Kingdom’s 2013 national reform programme and delivering a Council opinion on the United Kingdom’s convergence programme for 2012-2017 /* COM/2013/0378 final */

Recommendation for a
COUNCIL RECOMMENDATION
on the United Kingdom’s 2013 national
reform programme
and delivering a Council opinion on the United Kingdom’s convergence programme
for 2012-2017

THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the
Functioning of the European Union, and in particular Articles 121(2) and 148(4)
thereof,
Having regard to Council Regulation (EC) No
1466/97 of 7 July 1997 on the strengthening of the surveillance of budgetary
positions and the surveillance and coordination of economic policies[1], and in particular Article 9(2)
thereof,
Having regard to Regulation (EU) No
1176/2011 of the European Parliament and of the Council of 16 November 2011 on
the prevention and correction of macroeconomic imbalances[2], and in particular Article 6(1)
thereof,
Having regard to the recommendation of the
European Commission[3],
Having regard to the resolutions of the
European Parliament[4],
Having regard to the conclusions of the
European Council,
Having regard to the opinion of the
Employment Committee,
After consulting the Economic and Financial
Committee,
Whereas:
(1)       On 26 March 2010, the
European Council agreed to the Commission’s proposal to launch a new strategy
for growth and jobs, Europe 2020, based on enhanced coordination of economic
policies, which will focus on the key areas where action is needed to boost Europe’s potential for sustainable growth and competitiveness.
(2)       On 13 July 2010, the
Council, on the basis of the Commission's proposals, adopted a recommendation
on the broad guidelines for the economic policies of the Member States and the
Union (2010 to 2014) and, on 21 October 2010, adopted a decision on guidelines
for the employment policies of the Member States[5],
which together form the ‘integrated guidelines’. Member States were invited to
take the integrated guidelines into account in their national economic and
employment policies.
(3)       On 29 June 2012, the Heads
of State or Government decided on a Compact for Growth and Jobs, providing a
coherent framework for action at national, EU and euro area levels using all
possible levers, instruments and policies. They decided on action to be taken
at the level of the Member States, in particular expressing full commitment to
achieving the objectives of the Europe 2020 Strategy and to implementing the
country-specific recommendations.
(4)       On 6 July 2012, the
Council adopted a recommendation on the United Kingdom’s national reform
programme for 2012 and delivered its opinion on the United Kingdom’s 2012
convergence programme for 2012-2017.
(5)       On 28 November 2012, the
Commission adopted the Annual Growth Survey[6],
marking the start of the 2013 European Semester of economic policy
coordination. Also on 28 November 2012, the Commission, on the basis of
Regulation (EU) No 1176/2011, adopted the Alert Mechanism Report[7], in which it identified the United Kingdom as one of the Member States for which an in-depth review would be carried
out.
(6)       On 14 March 2013, the
European Council endorsed the priorities for ensuring financial stability,
fiscal consolidation and action to foster growth. It underscored the need to
pursue differentiated, growth-friendly fiscal consolidation, to restore normal
lending conditions to the economy, to promote growth and competitiveness, to
tackle unemployment and the social consequences of the crisis, and to modernise
public administration.
(7)       On 10 April 2013, the
Commission published the results of its in-depth review[8] for the United Kingdom, under Article 5 of Regulation (EU) No 1176/2011. The Commission’s analysis leads it
to conclude that the United Kingdom is experiencing macroeconomic imbalances, which
deserve monitoring and policy action. In particular, macroeconomic developments
in the area of household debt, linked to the high levels of mortgage debt and
the characteristics of the housing market, as well as unfavourable developments
in external competitiveness, especially as regards goods exports and weak
productivity growth, continue to deserve attention.
(8)       On 30 April 2013, the United Kingdom submitted its 2013 convergence programme covering the period 2012-2017 and
its 2013 national reform programme. In order to take account of their
interlinkages, the two programmes have been assessed at the same time.
(9)       Pursuant to paragraph 4 of
the Protocol (No 15) on certain provisions relating to the United Kingdom of
Great Britain and Northern Ireland, the obligation in Article 126(1) of the
Treaty on the Functioning of the European Union to avoid excessive general
government deficits does not apply to the UK. Paragraph 5 of the Protocol
provides that the UK is to endeavour to avoid an excessive government deficit.
On 8 July 2008 the Council decided, in accordance with Article 104(6) of the
Treaty establishing the European Community, that an excessive deficit exists in
the UK.
(10)     Based on the assessment of
the 2013 Convergence Programme pursuant to Council Regulation (EC) No 1466/97,
the Council is of the opinion that the macroeconomic scenario underpinning the
budgetary projections in the programme is plausible. The objective of the
budgetary strategy outlined in the Convergence Programme is to achieve a
cyclically-adjusted budget of close to balance at the end of a five-year
rolling period. The general government deficit peaked at 11.5% of GDP in
2009-10[9]
and was reduced to 5.6% of GDP in 2012-13, thanks to one-off measures that
artificially reduced the deficit by 2 pp. in 2012-13. However, the Convergence
Programme shows that the government is projected to miss the deadline of
2014-15 for correction of the excessive deficit set by the Council as the
deficit is estimated at 6.0% of GDP that year. According to programme
projections, the year in which the excessive deficit will be corrected is in
2017-18 at 2.3% of GDP, three years after the deadline set by the Council in
December 2009. The programme foresees the structural general government
deficit, as recalculated by the Commission, improving marginally from 5.6% of
GDP in 2013-14 to 5.1% of GDP in 2014-15. Over the period 2010-11 to 2012-13,
the average adjusted fiscal effort is estimated at 1.0% of GDP, well below the
1¾% of GDP recommended by the Council. The main risks to the budgetary
projections stem from lower-than-expected growth due to persistently high
inflation curtailing private consumption and a potential deterioration in the
international environment that could affect trade and investment. The
Convergence Programme does not include a medium-term budgetary objective as
foreseen by the Stability and Growth Pact. The government has continued with its
fiscal consolidation strategy but, because of higher-than-expected expenditure due
to the operation of automatic stabilisers and lower-than-expected tax revenues,
the deficit is higher than forecast. Also, the consolidation measures taken so far
have not been sufficient in attaining the required fiscal effort to correct the
excessive deficit. Moreover, the potential revenue contribution from structural
reform, e.g. aiming to increase the efficiency of the tax system through
revisions of the VAT rate structure, remains relatively under-exploited. Government
debt as a percentage of GDP rose from 56.1% in 2008-09 to 90.7% in 2012-13.
According to the programme, the general government debt ratio is projected to
increase to 100.8% in 2015-16 and 2016-17 before falling back 99.4% in 2017-18.

(11)     Household deleveraging
continued in 2012, but at 96 % of GDP, UK household debt remains well
above the euro area average and deleveraging may not be sustained once the
economy improves and housing transactions return to more normal levels. House
prices remain high and volatile in the context of a housing shortage. Because of
a combination of high house prices and the widespread use of variable-rate
mortgages, households are particularly exposed to interest rate changes, as
well as to rises in unemployment. The government has taken action to reform the
spatial planning laws but residential construction remains at a low level and
the planning system, including green belt restrictions, continues to be an
important constraint on the supply of housing. Government interventions that
stimulate housing demand more than supply, including the recently announced
Help to Buy scheme could potentially exacerbate this situation by increasing house
prices and household debt. The UK property tax system combines a regressive recurring
tax (Council Tax) with a progressive transaction tax (Stamp Duty Land Tax). A
combination of high house prices, stretched household finances and more
responsible lending criteria are likely to continue to prevent many middle-income
households from becoming home owners. In this context, private renting could be
made a more attractive and viable long-term alternative to home ownership.
(12)     The UK faces the challenges of both unemployment and underemployment, especially among the young.
Unemployment stood at 7.8 % at the beginning of 2013 and is expected to
remain broadly flat through 2013 and 2014. Youth unemployment is much higher,
at 20.7% and it has steadily increased since 2007, when it stood at 14.3 %.
The proportion of young people not in education, employment or training is 14.0 %.
Private sector employment has grown strongly in the last year, given the slow
GDP growth, but productivity and wage growth have been weak. The UK also has an oversupply of low-skilled workers for whom demand is falling. At the same
time the UK has a shortage of workers with high-quality vocational and
technical skills which contributes to a lack of external competitiveness. Despite
some progress in recent years, a significant proportion of young people do not
have the skills and qualifications they need to compete successfully in the
labour market. The unemployment rate of low skilled 15-25 year olds is 37.2%,
significantly above the EU average. Existing vocational education and training
policy has been too focused on basic skills and level 2 qualifications, while
the economy increasingly demands more advanced qualifications. While there have
been efforts to improve the quality of apprenticeship programmes, further
efforts are needed. In particular, the qualifications system remains very
complex, which may negatively impact on businesses’ involvement in
apprenticeship programmes. The UK could build on the current Youth Contract to
implement a Youth Guarantee and address the problem of youth unemployment and
those not in education, employment or training.
(13)     Weak work incentives have
been a persistent problem in the UK. The authorities plan to address this with
the introduction of the Universal Credit, which will allow individuals to keep
more of their benefit income as they move into work. Whilst Universal Credit
could have a positive impact on employment much will depend on effective
implementation and support services, including the interaction with other
benefits. In parallel, many working-age benefits and tax credits will be
increased by 1 % a year until 2016 which is below the projected inflation
rate. A range of other reforms to welfare benefits were also introduced in
April 2013. There is a risk of increased poverty, including more child poverty
for those in households that do not find employment. In contrast, the scope,
level and uprating of both universal and means-tested payments to pensioners
have been largely exempt from cuts. Early results from the Work Programme suggest
scope to improve the delivery and outcomes. The UK also faces ongoing
challenges to increase parental employment and improve access to high-quality,
affordable childcare. At 17.3%, the proportion of UK children living in
workless households is the second highest in the EU. Currently, childcare costs
in the UK are among the highest in the EU, which poses particular problems for
second earners in couples, and for single parents. In 2010, only 4 % of
children under three used formal childcare on a full-time basis, well below the
EU average of 14 %.
(14)     The
stock of UK corporate debt is fairly high, yet some firms are having difficulty
accessing credit, and business investment remains at very low levels. An
unprecedented drop in business investment after 2007 caused gross fixed capital
formation to fall to 14.2 % of GDP in 2012. This is the third lowest level
in the EU. The UK has a low level of business expenditure on R&D, which
fell from 1.17 % of GDP in 2001 to 1.09 % in 2011. Business
investment has started to pick up slightly, with an annual increase of 4.9 %
in 2012, but remains low. Net lending to the corporate sector remained negative
in 2012. While larger firms with strong balance sheets are able to borrow at a
historically low cost, many other firms, particularly SMEs, are having
difficulty accessing credit. This is exacerbated by limited competition in the
banking industry. Proper implementation of the Financial Policy Committee’s
recommendations on prudent reckoning of bank capital requirements and on
addressing identified capital shortfalls without hindering lending to the
economy should help reinforce the financial stability of the UK banking system.
(15)     The
  UK has a challenge to renew and upgrade its energy and transport
infrastructure. The UK needs substantial investment in new electricity
generation capacity by 2020, both to replace old plants that are due to close,
and to meet the renewables obligation and tighter carbon emissions standards.
At 3.8 %, the share of renewable energy sources in final energy
consumption ranks 25th out of 27 Member States (EU average 13.0 %).
Regulatory certainty will be required to facilitate adequate and timely
investment. Shortcomings in the capacity and quality of the UK’s transport networks are a structural problem for the economy, especially for goods producers,
distributors and exporters. There is currently a significant gap between
committed funding, public and private, and the pipeline of transport investment
needs which the government is seeking to address by prioritising public
spending towards infrastructure and by attracting additional private investment.
Unit costs in transport construction and maintenance also remain high in the UK.
(16)     In the context of the
European Semester, the Commission has carried out a comprehensive analysis of
the United Kingdom’s economic policy. It has assessed the convergence programme
and national reform programme, and presented an in-depth review. It has taken
into account not only their relevance for sustainable fiscal and socio-economic
policy in the United Kingdom but also their compliance with EU rules and
guidance, given the need to reinforce the overall economic governance of the
European Union by providing EU-level input into future national decisions. Its
recommendations under the European Semester are reflected in recommendations
(1) to (6) below.
(17)     In the light of this
assessment, the Council has examined the United Kingdom’s convergence
programme, and its opinion[10]
is reflected in particular in recommendation (1) below.
(18)     In the light of the
Commission’s in-depth review and this assessment, the Council has examined the United Kingdom’s national reform programme and convergence programme. Its recommendations
under Article 6 of Regulation (EU) No 1176/2011 are reflected in
recommendations (2), (3), (5) and (6) below,
HEREBY RECOMMENDS that the United Kingdom should take action within the period 2013-2014 to:
1.           Implement a reinforced
budgetary strategy, supported by sufficiently specified measures, for the year
2013-14 and beyond. Ensure the correction of the excessive deficit in a
sustainable manner by 2014/15, and the achievement of the fiscal effort
specified in the Council recommendations under the EDP and set the high public
debt ratio on a sustained downward path. A durable correction of the fiscal
imbalances requires the credible implementation of ambitious structural reforms
which would increase the adjustment capacity and boost potential growth. Pursue
a differentiated, growth-friendly approach to fiscal tightening, including
through prioritising timely capital expenditure with high economic returns and
through a balanced approach to the composition of consolidation measures and
promoting medium and long-term fiscal sustainability. In order to raise revenue,
make greater use of the standard rate of VAT.
2.           Take further action to
increase housing supply, including through further liberalisation of spatial
planning laws and an efficient operation of the planning system. Ensure that housing
policy, including the Help to Buy scheme does not encourage excessive mortgage
lending; and lead to higher house prices. Pursue reforms to land and property
taxation to reduce distortions and promote timely residential construction.
Take steps to improve the legal framework of rental markets, in particular by
making longer rental terms more attractive to both tenants and landlords.
3.           Building on the Youth
Contract, step up measures to address youth unemployment, for example through a
Youth Guarantee. Increase the quality and duration of apprenticeships, simplify
the system of qualifications and strengthen the engagement of employers,
particularly in the provision of advanced and intermediate technical skills. Reduce
the number of young people aged 18-24 who have very poor basic skills,
including through effectively implementing the Traineeships programme.
4.           Enhance efforts to support
low-income households and reduce child poverty by ensuring that the Universal
Credit and other welfare reforms deliver a fair tax-benefit system with clearer
work incentives and support services. Accelerate the implementation of planned
measures to reduce the costs of childcare and improve its quality and
availability.
5.           Take further steps to
improve the availability of bank and non-bank financing to the corporate
sector, while ensuring that the measures primarily target viable companies,
especially SMEs. Reduce barriers to entry in the banking sector, lower
switching costs and facilitate the emergence of challenger banks through a
divestiture of banking assets. Effectively implement the Financial Policy
Committee’s recommendations on prudent assessment of bank capital requirements
and on addressing identified capital shortfalls.
6.           Take
measures to facilitate a timely increase in network infrastructure investment, especially
by promoting more efficient and robust planning and decision-making processes.
Provide a stable regulatory framework for investment in new energy capacity,
including in renewable energy. Improve the capacity and quality of transport
networks by providing greater predictability and certainty on planning and funding
and by harnessing the most effective mix of public and private capital sources.
Done at Brussels,
                                                                       For
the Council
                                                                       The
President
[1]               OJ L 209, 2.8.1997, p. 1.
[2]               OJ L 306, 23.11.2011, p. 25.
[3]               COM(2013)378 final.
[4]               P7_TA(2013)0052 and P7_TA(2013)0053.
[5]               Council Decision 2013/208/EU of 22 April 2013.
[6]               COM(2012) 750 final.
[7]               COM(2012) 751 final.
[8]               SWD(2013) 125 final.
[9]               2009-10 refers to the financial year which starts on
1 April and ends on 31 March
[10]             Under Article 9(2) of Council Regulation (EC) No
1466/97.


				|

		52011SC0807

			Recommendation for a COUNCIL RECOMMENDATION on the National Reform Programme 2011 of Germanyand delivering a Council opinionon the updated Stability Programme of Germany, 2011-2014 /* SEC/2011/0807 final */

			   	Recommendation for a
COUNCIL RECOMMENDATION
on the National Reform Programme 2011 of Germany
and delivering a Council opinion
on the updated Stability Programme of Germany, 2011-2014
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the
Functioning of the European Union, and in particular Article 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(3) thereof,
Having regard to the recommendation of the European
Commission[2],
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 European Commission's proposal to launch a new strategy for jobs and
growth, Europe 2020, based on enhanced coordination of economic policies, which
will focus on the key areas where action is needed to boost Europe’s potential
for sustainable growth and competitiveness.
(2)
On 13 July 2010, the Council 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,l 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 12 January 2011, the Commission adopted the
first Annual Growth Survey, marking the start of a new cycle of economic
governance in the EU and the first European semester of ex-ante and integrated
policy coordination, which is anchored in the Europe 2020 strategy.
(4)
On 25 March 2011, the European Council endorsed
the priorities for fiscal consolidation and structural reform (in line with the
Council’s conclusions of 15 February and 7 March 2011 and further to the
Commission’s Annual Growth Survey). It underscored the need to give priority to
restoring sound budgets and fiscal sustainability, reducing unemployment
through labour market reforms and making new efforts to enhance growth. It
requested Member States to translate these priorities into concrete measures to
be included in their Stability or Convergence Programmes and National Reform
Programmes.
(5)
On 25 March 2011, 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 their National Reform Programmes.
(6)
On 27 April 2011, Germany submitted its updated
Stability Programme covering the period 2011-2015 and on 7 April 2011 its 2011
National Reform Programme. In order to take account of
the interlinkages, the two programmes have been assessed at the same time.
(7)
The German economy entered the crisis in a
relatively solid position. However, the slump in world trade resulted in a collapse
of exports and investment in 2009, such that real GDP contracted by an
unprecedented 4.7%. Nevertheless, after a small rise, unemployment has been
falling again since late 2009. The resilience of the labour market reflects the
beneficial effects of past reforms to reduce hours worked and of subsidies for
short-time work. The economy has rebounded strongly from the recession, with
real GDP rising by 3.6% in 2010. Exports have largely reversed the massive
decline recorded in 2009 and paved the way for a more broad-based recovery also
leading to a diminishing current account surplus. The economy has further
improved its competitiveness vis-à-vis most of the euro area members. The
general government budget went from being in balance to a deficit of 3% of GDP
in 2009, driven by fully operating automatic stabilisers and discretionary
measures to counter the economic downturn. The economic recovery helped to
contain the deficit in 2010 (3.3% of GDP) despite ongoing sizeable fiscal
stimulus and financial market support measures.
(8)
Based on the assessment of the updated Stability
Programme pursuant to Council Regulation (EC) No 1466/97, the Council is of the
opinion that the macroeconomic scenario underlying the stability programme is
cautious for 2011 and plausible thereafter, also as assessed against the
Commission's Spring 2011 forecast. The programme projects real GDP to grow by
2.3% in 2011, before slowing to 1.8% in 2012 and to an average of 1.5% in
2013-15. The programme plans to bring the deficit below the 3% GDP reference
value already in 2011, two years ahead of the deadline established by the
Council, and to make further progress towards achieving the medium-term
objective (MTO) – a deficit of 0.5% of GDP in structural terms – in 2014. Following
the expected correction of the excessive deficit, the pace of adjustment
towards the MTO under the programme falls below the 0.5% of GDP benchmark in
2013 and 2014. While the debt-to-GDP ratio rose by almost 10 percentage points
in 2010[4], it is projected to start
falling as of 2011 and should reach 75.5% of GDP by 2015, thus remaining above
the Treaty reference value. The risks to the budgetary projection appear
broadly balanced for 2011, but the outcomes thereafter could be weaker than
expected, since some savings might not materialise as envisaged. Certain
measures are still subject to debate (e.g. energy and financial taxes) and others
remain to be specified (e.g. efficiency improvements in public administration).
Moreover, further financial market support measures cannot be excluded.
(9)
Since the recent reform
of the health-care system introduced measures to curb spending increases mainly
in 2011 and 2012, further steps to enhance the efficiency of public spending on
health-care and long-term care, would support the envisaged consolidation path.
At the same time, maintaining a largely growth-oriented consolidation course,
including by ensuring adequate expenditure on education, would help to strengthen the long-term growth potential.
(10)
While the German fiscal framework has been
considerably strengthened through the introduction of a constitutional
budgetary rule, the creation of the Stability Council and the early warning
system to prevent budgetary distress, the budgetary rule still needs to be
fully implemented at Länder level. Further strengthening of the
associated monitoring and sanctioning mechanism would also enhance the overall
credibility of the public finances.
(11)
The crisis revealed serious vulnerabilities in
the banking sector. Heavy losses and write-downs from international investments
in subprime loans and structured assets weakened the capital base of some banks
and led to the need for substantial state interventions. The crisis also
exposed the weaknesses of some Landesbanken, which had already been
suffering from a lack of effective risk management structures and the absence
of a viable business model before the crisis. Further reform of the banking
sector, including restructuring of the Landesbanken in need of a viable and
adequately funded business model and strengthening of the regulatory and
supervisory framework, would help preserve the stability of the financial
sector and also ensure a more efficient allocation of domestic savings as a
means of underpinning demand and investment.
(12)
The growth potential and structural
competitiveness of the German economy depend to a large extent on a well-trained,
skilled workforce, but labour supply shortages may
become pressing given demographic developments. This
underlines the importance of fully utilising the labour force potential
by removing obstacles to labour market participation
for particular groups (older workers, women, the low-skilled, non-EU nationals)
and the further development of human capital. Addressing the tax wedge,
which remains high especially for low and middle incomes, would improve incentives
to work while allowing wage increases to be translated to a greater extent into
higher disposable incomes and domestic demand. Reducing the high marginal
income tax rate for second earners due to the joint income taxation of couples
by shifting towards a system of individual taxation could help reduce the
incidence of part-time employment in favour of full-time work. Further
increasing the availability of childcare facilities would in particular also
help improve the still low full-time labour force participation of women.
Moreover, increasing the number of persons with vocational training
qualifications could enhance the labour market prospects of low-skilled
workers.
(13)
Germany has recently
taken far-reaching decisions on its future energy mix. The implementation of
the Energy Concept will imply a fundamental transformation in energy supply and
have implications for energy prices and the competitiveness of the economy in
the medium to long term. Cost-effectiveness should therefore be the key guiding
principle for the implementation of the Energy Concept, based on efficient
energy consumption, cost-effective support schemes and adequate electricity
grids for renewable energy and competitive energy markets.
(14)
Boosting competition in the service sector would
foster productivity growth and support domestic demand. More dynamic growth of
the service sector could also contribute to broadening the base for supply and
demand growth in Germany. Despite considerable progress in recent years through
the implementation of the Services Directive, there appears to be scope to
further reduce barriers to the entry and exit of firms, notably by further
simplifying the license and permit system. The regulation of certain
professional services (e.g. engineers, architects, pharmacists and lawyers)
seems to be more stringent compared with other countries and entry and
regulatory barriers for crafts also appear high. With regard to network
industry services, competition in the railway sector in particular is still
impeded. Here, effective unbundling of infrastructure management and transport
services, as a prerequisite for a competitive market, is still delayed.
Strengthening the supervisory role of the Federal Network Agency, the abolition
of cross-subsidisation between the network operator and rail service providers
and the opening of sales and ticket infrastructure to competitors would foster
competition in the short run.
(15)
Further
reforms to improve the accessibility and quality of the education and training
system will be key to ensuring an adequately skilled
labour supply, also in view of demographic developments. Shortages of medium-
and high-skilled labour in particular are forecast, especially as regards
mathematics, science and technology subjects. The educational attainment rates
of young people in Germany, at both upper secondary and tertiary level, are
below the EU average. Increasing the availability of
pre-school education and all-day schools and easing the transition between different
strands of the school system may improve educational outcomes.
(16)
Germany has made a
number of commitments under the Euro Plus Pact[5]. On the fiscal
side, the commitments call for the excessive deficit to be corrected already in
2011 and for the targets under the national budgetary rule to be achieved by a
wide margin in 2011-2012. To reinforce financial stability, measures include
efficient regulation and supervision of the capital market. Employment measures
focus on labour market participation (reform of active labour market
instruments, improved integration of professionals with foreign qualifications
and integration of migrants) and education (Basic Education Pact). The
competitiveness measures focus on network industries, energy and the service
sector (i.e. market transparency agency for the electricity and gas sector, a
programme on electromobility, and increased funding of transport
infrastructure) as well as on education (i.e. Initiative for Excellence to
promote graduate schools and funding of the University Pact). These commitments refer to the four areas of the Pact. They largely
reflect the broader reform agenda outlined in the Stability and National Reform
Programmes. However, several policy areas remain unaddressed in the Pact
commitments (e.g. restructuring of Landesbanken or the tax wedge on
labour) or are only touched upon (opening the services sector and network
industries to greater competition). The Euro Plus Pact
commitments have been assessed and taken into account in the recommendations.
(17)
The Commission has assessed Germany's Stability Programme and National Reform Programme, including its Euro Plus Pact
commitments[6]. It has taken into
account not only their relevance for sustainable fiscal and socio-economic
policy in Germany but also their conformity with EU rules and guidance, given
the need to reinforce the overall economic governance of the European Union by
providing EU-level input for future national decisions. In this light, the
Commission considers that the German budgetary strategy should be implemented
as envisaged, while maintaining a growth-friendly consolidation course. Further
steps in 2011-12 should focus on ensuring the stability
of the financial system (e.g. through restructuring of the Landesbanken)
and the strengthening of domestic sources for growth, by increasing labour
market participation through a reduction of the tax wedge on labour, improving the
accessibility and quality of education, and opening up the services sector,
trades and professions and the network industries to
greater competition.
(18)
In light of this assessment, also taking into
account the Council Recommendation under Article 126(7) of the Treaty on the
Functioning of the European Union of 2 December 2009, the Council has examined
the 2011 update of the Stability Programme of Germany and its opinion[7]
is reflected in particular in its recommendation under (1) set out below.
Taking into account the European Council conclusions of 25 March 2011, the
Council has examined the National Reform Programme of Germany,
HEREBY RECOMMENDS that Germany
should take action within the period 2011-2012 to:
(1)
Implement the budgetary strategy for the year
2012 and beyond as envisaged. Complete the implementation of the budgetary rule
at the Länder level and further strengthen the corresponding monitoring
and sanctioning mechanism. Maintain a growth-friendly consolidation course, in particular by safeguarding adequate expenditure on education and by further enhancing the efficiency of public spending on
health-care and long-term care.
(2)
Address the structural weaknesses in the
financial sector, in particular by restructuring Landesbanken in need of
an adequately funded viable business model.
(3)
Enhance participation in the labour market by
improving equitable access to education and training systems and by reducing
the high tax wedge for the low-paid in a budgetary neutral way. Increase the number of fulltime childcare facilities and all-day
schools, and remove tax disincentives for second income earners to work.
(4)
Remove unjustified restrictions on certain
professional services and on the craft sector. To improve competition in network industries, strengthen the supervisory
role of the Federal Network Agency in the rail sector; and, in the context of
the announced national Energy Concept, focus on improving
the long-term cost-effectiveness of the Renewable Energy Act, ensuring the
effective independence of energy production and transmission, and improving
cross-border interconnections.
Done at Brussels,
                                                                       For
the Council
                                                                       The
President
[1]               OJ L 209, 2.8.1997, p. 1.
[2]               OJ C , , p. .
[3]               Maintained for 2011 by Council Decision 2011/308/EU
of 19 May 2011.
[4]               The jump in 2010 was largely related to the fact that
two troubled banks transferred impaired assets to their respective
"bad-banks", which are classified under the government sector. In
line with the Eurostat guidance on accounting rules for financial defeasance
structures, the corresponding liabilities of "bad-banks" had a direct
impact on the debt level.
[5]               More details on the commitments made under the Euro
Plus Pact can be found in SEC(2011) 714.
[6]               SEC(2011) 714.
[7]               Foreseen in Article 5(3) of Council Regulation (EC)
No 1466/97.


title: Recommendation for a COUNCIL REGULATION (EEC) on the conclusion of an Agreement in the form of exchange of letters between the European Economic Community and Barbados, the Peoples Republic of the Congo, Fiji, the Cooperative Republic of Guyana, Jamaica, the Republic of Kenya, the Democratic Republic of Madagascar, the Republic of Malawi, Mauritius, the Republic of Suriname, the Kingdom of Swaziland, the United Republic of Tanzania, Trinidad and Tobago, and the Republic of Ugana on the guaranteed prices for cane sugar for 1981/82.#Recommendation for a COUNCIL REGULATION (EEC) fixing the guaranteed prices applicable for cane sugar originating in the overseas countries and territories for 1981/82

text:
ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (82) 145
Vol. 1982/0046
 ---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(82)145 final
                                                              Brussels . 26 March 1982
                               Recommendation for a
                           COUNCIL REGULATION ( EEC )              . .
           on the conclusion of an Agreement in the form of exchange of
           letters between the European Economic Community and Barbados ,
           the Peoples Republic of the Congo , Fiji , the Cooperative Re
           public of Guyana , Jamaica , the Republic of Kenya , the Democratic
           Republic of Madagascar , the Republic of Malawi , Mauritius , the
           Republic of Suriname , the Kingdom of Swaziland , the United Republic
           of Tanzania , Trinidad and Tobago , and the Republic of Ugana on
           the guaranteed prices for cane sugar for 1981 / 82
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                               Recommendation for a
                           COUNCIL REGULATION ( EEC )
           fixing the guaranteed prices applicable for cane sugar origi
           nating in the overseas countries and territories for 1981 / 82
C0M(82 ) 145 final
 ---pagebreak---                                                                                »
                                                                                i
                                   EXPLANATORY MEMORANDUM
  1d ( a ) By Decision of the Council , the Commission was authorized to enter
           into negotiations on the guaranteed prices for cane sugar for
           1981 / 82 with the States referred to in Article 3 of the Protocol
                     r
           on ACP sugar annexed to the ACP-EEC Convention of Lome and with
           the Republic of Surinanse .       The results of those negotiations have
           to be approved by the relevant authorities of the Community and the
           countries referred to above *        The Commission recommends to the Council
           that the results be embodied in^agreement in the form of exchange/
           of letters between the Community on the one hand and each of the
           ACP States concerned on the other according to the annexed drafts .
     (b ) According to the Declaration 2 annexed to Protocol 7 of the second
           ACP-EEC Convention of Lom£ , the Community undertook to ensure for
           sugar originating, in certain overseas countries and territories
           ( OCT ) the same treatment as provided for in the Protocol on ACP sugar ,
           The Commission recommends that the Council fix for sugar originating
           in the countries specified by the said Declaration the same guaranteed
           prices for 1981 / 82 as those agreed with the ACP States .
2 * ANNEXES ; I. Recommendation for a Council Regulation concerning the conclusion
                    of an     Agreement   in the form of exchanges of letters on the
                     guaranteed prices for cane sugar for 1981 / 82 between the European
                     Economic Community and Barbados , the People 's Republic of the
                     Congo, Fiji > the Republic of Guyana , Jamaica, the Republic of Kenya ,
                     the Democratic Republic of Madagascar , the Republic of      Malawi ,
                     Mauritius , the Republic of Surinam       the Kingdom of Swaziland,
                     the United Republic of Tanzania , Trinidad and' , Tobago and the Republic of
                     Uganda .
               II . Draft exchanged of letters .
                                           «
              III . Recommendation for a Council Regulation fixing the guaranteed
                     prices 'applicable for cane sugar originating in the overseas
                     countries and territories ( OCT ) for 1981 / 82 .
3 . Financial implications
    The financial implications have been taken into account in the framework of the
    financial implications of the agricultural prices for 1981 / 82 snd of the .
    budget for 1982 .
                                                                                I
                                                                                I
 ---pagebreak---                                          Recommendation for a
                                        COUNCIL REGULATION (EEC)
                    on the conclusion of an Agreement in the form of exchange or. Jetters
                    betwsen the Europeaa Economic Community and Barbados, the People's Repub
                    lic of she Congo, Fiji , iae Cooperative Republic of Guyana, Jamaica, the Repub
                    lic of Kenya, the Democratic Republic of Madagascar, the Republic of Malawi ,
                    Mauritius, the Republic of Suriname , the Kingdom of Swaziland / the United
                    Republic of Tanzania, Trinidad and Tobago, and the Republic of Uganda
                                                osi the guaranteed prices for cane sugar for 1951 / 82
       THE COUNCIL OF THE EUROPEAN                                Barbados, the People s Republic of the Congo, Fiji ,
       COMMUNITIES,                                               the Cooperative Republic of Guyana, Jamaica, the
       Having regard to the Treaty establishing the European      Republic of Kenya, the Democratic Republic of
       Economic Community, and in particular Article 113          Madagascar, the Republic of Malawi , Mauritius, the
       thereof,
                                                                  Republic of Surinam, the Kingdom of Swaziland, the
                                                                  United Republic of Tanzania, Trinidad and Tobago
       Having regard to the recommendation from the               and the Republic of Uganda on the guaranteed prices
       Commission ,                                               for cane sugar for        / §2 / is hereby approved
       Whereas Protocol 7 on ACP sugar annexed to the              on behalf of the Community *
Second ACP-EEC Convention of Lome { ' ), i S implemented
       in the context of the management of the Ine test                            of tms Agreement         are
       common organization of the sugar market :                   annexed      to  this Regulation .,
       Whereas it is appropriate to approve the Agreement
       in the form of exchange of letters between the Euro                               Artide 2
       pean Economic Community and the States referred to
       in Protocol 7 or. ACP sugar and the Republic               The Fsesident o£ the Council is hereby authorized to
                                                                   designate the person empowered to sign the Agree
         of Surinam on the guaranteed prices                       ment   referred to in Article I in order to bind the
         for cane sugar for 1931 / 8?.^                            Community.
        HAS ADOPTED THIS REGULATION :
                                                                                Article 3
                              Article S
                                '                                  This Regulation shall enter into force on the day
       The Agreementent in the form of exchange of letters         following that of its publication in the Official
        between the European Economic Community and                Journal of the European Communities.
                    This Regulation shall be binding in its entirety and directly applicable in aii Member
                     States.
                              Brussels,
                     Done at Brussels.
                                           >            ^  ;                   For the Council
                                                                                The President
        (') Oj No L 347/ 22 . 12'. 1980 , p.1
 ---pagebreak---          I                                            •          AGREEMENT                  ::
                  in the form of an exchange of letters between the European Economic Commu
                  nity and Barbados, the People's Republic of the Congo, Fiji, the Cooperative
                  Republic of Guyana. Jamaica, the Republic of Kenyn, the Democratic Republic
                  ©» Madagascar, the Repulic of Maiawi , Mauritius, the Republic ofc Surin'.jne , the
                  Kingdom of Swaziland, she United Republic of Tanzania, Trinidad and Tobago
                   and the Republic of Uganda, on the guaranteed prices for cane saga- for 1981 / gj
                                                                    Letter No i
                                                                                Brussels,
              •
                   i . The representatives of the ACP States referred to in Protocol 7 on ACP sugar annexed to the
                    Second ACP-EEC Convention of Lome, of the Republic of Surinam
                       Commission, on behalf of she European Economic Community, have agreed within
                       the frameworlt of the negotiations provided for in Article 5 (4) of she said Protocol, on
                       the following :
                       – for the period I July 198 i to Mt June 1982 the guaranteed prices referred to in
                            Article 5 (4) of the Protocol shall , for the purpose of intervention within the terms
                            of Article 6 of she Protocol ; be :
                            (a) fo? raw sugar,                    per 100 kilograms ;
                            (b) lor white sugar, 4$, 16i'<CU per 500 kilograms.                                                  j
                       These prices, which ix-pri-M-nc an increase of 8,5% and 8^,3% respectively GVCf* thcS® ©f
pCSCSdinC year         shall refer to :> uj;;>r of :>r.nul.inl qu.ilhy as ilefinetl lit Community legislation, unpacked,
                        cif free out European ports of the Community-
                   2. Although retroactivity is r.cl provie'ed for in respect of the *j ©g'ygj prices, it is agreed
                        that this year's decision does not prejudice the position of the ACP States in relation to
                        retroactivity in any future negotiation in accordance with Article 4 (3) of Protocol T ■               * !
                        annexed to the Second ACP-EEC Convention of Lome ,,                                                      i
                   3.Xt was agreed that discussions Mould continue between the parties
                                                                                '
                       on matters ar -; sing out of the concern of the ACP States-over the burden
                       of freight charges .
                    I should be obliged if you would acknowledge receipt of this letter and confirm that this
                    letter and your reply constitute an Agreement between the Governments of the above-men*
                - tioned ACP States and the Community.
                    Please accept. Sir, the assurance of my highest consideration.
                                                                                For the Council ,
                                                                                of the EnrvtKiiH Communities            ■*
 ---pagebreak---                                                                                ν
                                                               Letter No 2
                                                                                Brussels
               Sir-
               I have the honour to acknowledge receipt of your letter of today
               which reads as follows :
                 1 . The representatives of the ACP States referred !o in Protocol 7 on ACP sugar annexed to the
                  Second ACP-EEC Convention of Lome, of the Republic of Suriname and Of the
                     Commission , on behalf of the European Economic Community, have agreed within
                     »he framework of the negotiations provided for in Article 5 (<Jf of the said Protocol, on * ■      v •
   t                 ihe following :                                      *
                     – lof the period I Juiv 1981 to Hi lune 19S2                 guaranteed prices referred to in
; .                      Article S (4) ol the 1 'rotiH. ul shall, iot the purpose of intecveniion wuhmv the terms
                         ©f Article 6 of the notiHol . be :
                         (a) for raw sugar. 38,% ECU per 100 kilograms ;                                           ,• .
                         (b) for white sugjr,        161 CU per 100 kilograms.
                     The* prices, whuh npri^i-nt an inireaw of 8,5% and 8,3% respectively over those of the
 preceding year      shall refer to sugar ot *i.iml.ird quality as defined in Community legislation, unpacked,
                     cif free out European ports of the Community .
                 2. Although retroactivity i* not provided for in respect of the 198782 Pr'ces« '• ■* 'greed
                     that this year's decision does not prejudice the position of the ACP States in relation to
                     retroactivity in any future negotiation in accordance with Article 4 (.}) of Protocol -?■
                     annexed to the Second ACP-EEC Convention of Lom6 «
                 3- It was agreed that discussions would continue between the parties
                    on natters arising out of-the concern of the ACP States over the burden
                    of freight charges .
 1                    I should be obliged if you would acknowledge receipt of this letter and confirm that this '
 '                    letter and your reply constitute an Agreement between your Government and the Commu
                      nity.
     ^                I have the honour to confirm the agreement of my Government wish the foregoing.
                      Please accept, Sir, the assurance of my highest consideration.
      '                                                                                For the Governments
 ---pagebreak---             Recommendation for aCOUNCIL REGULATION ( ESC ) .
               fixing the guaranteed prices applicable for cane sugar originating
               in the overseas countries and territories           for 1981 / 82
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,
                                                            *
Having regard to the Treaty establishing the European Economic Community,, and
in particular Article 136 thereof ,
Having regard to the recommendation from the Commission ,
Whereas , in accordance with           Declaration 2 annexed to Protocol 7 to the
Second ACP-EEC Convention of Lom£ ( 1 ), the Community guarantees , for cane sugar
originating in the overeas countries and territories, mentioned in the said Annex ,
the same treatment as provided for in Protocol 7 on ACP sugar annexed to the
said Convention ;
Whereas Council Decision 8Q / 1186 / EEC of 16 December 19S0 on the association
of the oversas countries and territories with the European Economic Community ( 2 ),
embodies the application of this principle ; whereas in accordance with Article 4 (4 )
of Annex IV to that Decision the guaranteed prices are fixed annually;
Whereas the guaranteed prices valid for 1981 / 82 for cane sugar originating in
                                         , an
the ACP States have been fixed by /Agreement in the form of exchange; of Letters
with the relevant ACP Sta tes ; whereas it is now necessary for the Council to
fix the same guaranteed prices for cane sugar originating in the overseas coun
tries arid territories concerned.
HAS ADOPTED THIS REGULATION :
                                              Article 1
For the period from 1 July 1981 to 30 June 1982 , the guaranteed prices referred to
in Article 4 <4 ) of Annex IV to Decision 8Q/ 1186/ EEC are hereby fixed as follows :
 ( a ) for raw sugar , 38,94 ECU per 100 kilograms ;
 Cb ) for white sugar, 48,16 ECU per 100 kilograms .
                                       ι
These prices shall refer to sugar of standard quality as defined in Community
 legislation, unpacked, and cif free out European ports of the Community .
 ( 1 ) 0J No L 347, 22.12.1980, p.1
 ( 2 ) 0J No L 361 , 31 « 12.1980, p.1
 ---pagebreak---                                     - 2 -
                                   Article 2
    This Regulation shall enter into force on the day following that of its
    publication in the Official Journal of the European Communities .
    It shall apply with effect from 1 July 1981 .
This Regulation shall be binding in its entirety and directly applicable
in all Member States .
Done at Brussels ,                                For the Council
                                                     The President
                                                               «
                   -y


title: Commission Recommendation of 24 August 2006 on the digitisation and online accessibility of cultural material and digital preservation

text:
               31.8.2006

               EN

               Official Journal of the European Union

               L 236/28

      COMMISSION RECOMMENDATION

   of 24 August 2006
   on the digitisation and online accessibility of cultural material and digital preservation
   (2006/585/EC)
   THE COMMISSION OF THE EUROPEAN COMMUNITIES,
   Having regard to the Treaty establishing the European Community, and in particular Article 211 thereof,
   Whereas:

               (1)

               On 1 June 2005 the Commission presented the i2010 initiative, which seeks to optimise the benefits of the new information technologies for economic growth, job creation and the quality of life of European citizens. The Commission has made digital libraries a key aspect of i2010. In its Communication ‘i2010: digital libraries’ of 30 September 2005 (1), it set out its strategy for digitisation, online accessibility and digital preservation of Europe's collective memory. This collective memory includes print (books, journals, newspapers), photographs, museum objects, archival documents, audiovisual material (hereinafter ‘cultural material’).

               (2)

               Measures applying that strategy with a view to optimising, by means of the Internet, the economic and cultural potential of Europe's cultural heritage should be recommended to the Member States.

               (3)

               In that context, the development of digitised material from libraries, archives and museums should be encouraged. The online accessibility of the material will make it possible for citizens throughout Europe to access and use it for leisure, studies or work. It will give Europe's diverse and multilingual heritage a clear profile on the Internet. Moreover, the digitised material can be re-used in industries such as tourism and the education industry, as well as in new creative efforts.

               (4)

               Furthermore, the Council Conclusions of 15-16 November 2004 on the Workplan for Culture 2005-2006 stress the contribution of creativity and creative industries to economic growth in Europe, and the need for a coordinated digitisation effort.

               (5)

               The European Parliament and Council Recommendation of 16 November 2005 on film heritage and the competitiveness of related industrial activities (2) already recommended to Member States to adopt appropriate measures to increase the use of digital and new technologies in the collection, cataloguing, preservation and restoration of cinematographic works. In as far as cinematographic works are concerned the present Recommendation complements the Parliament and Council Recommendation on film heritage on a number of aspects.

               (6)

               Digitisation is an important means of ensuring greater access to cultural material. In some cases it is the only means of ensuring that such material will be available for future generations. Thus, many digitisation initiatives are currently being undertaken in the Member States, but efforts are fragmented. Concerted action by the Member States to digitise their cultural heritage would lend greater coherence to the selection of material and would avoid overlap in digitisation. It would also lead to a more secure climate for companies investing in digitisation technologies. Overviews of current and planned digitisation activities and quantitative targets for digitisation would contribute to the achievement of those objectives.

               (7)

               Private sector sponsoring of digitisation or partnerships between the public and private sectors can involve private entities in digitisation efforts and should be further encouraged.

               (8)

               Investments in new technologies and large scale digitisation facilities can bring down costs of digitisation while maintaining or improving quality and should therefore be recommended.

               (9)

               A common multilingual access point would make it possible to search Europe's distributed — that is to say, held in different places by different organisations — digital cultural heritage online. Such an access point would increase its visibility and underline common features. The access point should build on existing initiatives such as The European Library (TEL), in which Europe’s libraries already collaborate. It should where possible closely associate private holders of rights in cultural material and all interested stakeholders. A strong commitment by the Member States and cultural institutions to arrive at such an access point should be encouraged.

               (10)

               Only part of the material held by libraries, archives and museums is in the public domain, in the sense that it is not or is no longer covered by intellectual property rights, while the rest is protected by intellectual property rights. Since intellectual property rights are a key tool to stimulate creativity, Europe's cultural material should be digitised, made available and preserved in full respect of copyright and related rights. Particularly relevant in this context are Articles 5(2)c, 5(3)n, and 5(5), as well as recital 40 of Directive 2001/29/EC of the European Parliament and of the Council of 22 May 2001 on the harmonisation of certain aspects of copyright and related rights in the information society (3). Licensing mechanisms in areas such as orphan works — that is to say, copyrighted works whose owners are difficult or even impossible to locate — and works that are out of print or distribution (audiovisual) can facilitate rights clearance and consequently digitisation efforts and subsequent online accessibility. Such mechanisms should therefore be encouraged in close cooperation with rightholders.

               (11)

               Provisions in national legislation may contain barriers to the use of works which are in the public domain, for example by requiring an administrative act for each reproduction of the work. Any such barriers should be identified and steps taken to remove them.

               (12)

               Council Resolution C/162/02 of 25 June 2002 on preserving tomorrow's memory — preserving digital content for future generations (4) proposes objectives and indicative measures for preserving digital content for future generations. However, at present no clear and comprehensive policies exist in the Member States on the preservation of digital content. The absence of such policies poses a threat to the survival of digitised material and may result in the loss of material produced in digital format. The development of effective means of digital preservation has far-reaching implications, not only for the preservation of material in public institutions but also for any organisation which is obliged or which wishes to preserve digital material.

               (13)

               Several Member States have introduced or are considering legal obligations requiring producers of digital material to make one or more copies of their material available to a mandated deposit body. Effective collaboration between Member States is necessary to avoid a wide variety in the rules governing the deposit of digital material and should be encouraged.

               (14)

               Web-harvesting is a new technique for collecting material from the Internet for preservation purposes. It involves mandated institutions actively collecting material instead of waiting for it to be deposited, thus minimising the administrative burden on producers of digital material, and national legislation should therefore make provision for it,

         HEREBY RECOMMENDS THAT MEMBER STATES:
   Digitisation and online accessibility

               1.

               gather information about current and planned digitisation of books, journals, newspapers, photographs, museum objects, archival documents, audiovisual material (hereinafter ‘cultural material’) and create overviews of such digitisation in order to prevent duplication of efforts and promote collaboration and synergies at European level;

               2.

               develop quantitative targets for the digitisation of analogue material in archives, libraries and museums, indicating the expected increase in digitised material which could form part of the European digital library and the budgets allocated by public authorities;

               3.

               encourage partnerships between cultural institutions and the private sector in order to create new ways of funding digitisation of cultural material;

               4.

               set-up and sustain large scale digitisation facilities, as part of, or in close collaboration with, competence centres for digitisation in Europe;

               5.

               promote a European digital library, in the form of a multilingual common access point to Europe's distributed — that is to say, held in different places by different organisations — digital cultural material, by:

                           (a)

                           encouraging cultural institutions, as well as publishers and other rightholders to make their digitised material searchable through the European digital library,

                           (b)

                           ensuring that cultural institutions, and where relevant private companies, apply common digitisation standards in order to achieve interoperability of the digitised material at European level and to facilitate cross-language searchability;

               6.

               improve conditions for digitisation of, and online accessibility to, cultural material by:

                           (a)

                           creating mechanisms to facilitate the use of orphan works, following consultation of interested parties,

                           (b)

                           establishing or promoting mechanisms, on a voluntary basis, to facilitate the use of works that are out of print or out of distribution, following consultation of interested parties,

                           (c)

                           promoting the availability of lists of known orphan works and works in the public domain,

                           (d)

                           identifying barriers in their legislation to the online accessibility and subsequent use of cultural material that is in the public domain and taking steps to remove them;

         Digital preservation

               7.

               establish national strategies for the long-term preservation of and access to digital material, in full respect of copyright law, which:

                           (a)

                           describe the organisational approach, indicating the roles and responsibilities of the parties involved and the allocated resources,

                           (b)

                           contain specific action plans outlining the objectives and a time-table for the specific targets to be met;

               8.

               exchange information with each other on the strategies and action plans;

               9.

               make provision in their legislation so as to allow multiple copying and migration of digital cultural material by public institutions for preservation purposes, in full respect of Community and international legislation on intellectual property rights;

               10.

               when establishing policies and procedures for the deposit of material originally created in digital format take into account developments in other Member States in order to prevent a wide divergence in depositing arrangements;

               11.

               make provision in their legislation for the preservation of web-content by mandated institutions using techniques for collecting material from the Internet such as web harvesting, in full respect of Community and international legislation on intellectual property rights;

         Follow-up to this Recommendation

               12.

               inform the Commission 18 months from the publication of this Recommendation in the Official Journal of the European Union, and every two years thereafter, of action taken in response to this Recommendation.

      Done at Brussels, 24 August 2006.

            For the Commission

         Viviane REDING

            Member of the Commission

      (1)  COM(2005) 465 final.

      (2)  OJ L 323, 9.12.2005, p. 57.

      (3)  OJ L 167, 22.6.2001, p. 10.

      (4)  OJ C 162, 6.7.2002. p. 4.