Avis juridique important

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31970H0124

70/124/EEC: Commission Recommendation of 22 December 1969 to the Italian Republic of the adjustment of the State monopoly of a commercial character in salt (Only the Italian text is authentic)

Official Journal L 031 , 09/02/1970 P. 0014 - 0016 Danish special edition: Series II Volume VI P. 0025  English special edition: Series II Volume VI P. 0024

COMMISSION RECOMMENDATION of 22 December 1969 to the Italian Republic on the adjustment of the State monopoly of a commercial character in salt (Only the Italian text is authentic) (70/124/EEC) I    1. The Italian Government, by letter of 24 March 1959, informed the Commission of the European Economic Community that sodium chloride (sea salt, rock salt and salt from salt springs) is in Italy subject to a State monopoly of a commercial character within the meaning of Article 37 of the EEC Treaty.  Under that provision Member States are required progressively to adjust State monopolies of a commercial character so as to ensure that, when the transitional period has ended, no discrimination regarding the conditions under which goods are procured and marketed exists between nationals of Member States.       2. Law No 907 of 17 July 1942 (as amended by Law No 1641 of 11 July 1952) reserved to the State all forms of production and sale in Italian territory as well as the importation of any kind of salt. However, such regulations do not cover Sicily and Sardinia, the neighbouring small islands and the communes of Livigno and Campione. The Amministrazione autonoma dei monopoli di Stato (AMMS) may derogate from the prohibition on production by individuals. Sales are made through the distribution network of the AAMS.  As regards taxation, it should be noted that there is a consumer tax on edible salt, while industrial salt is tax free.       3. Since 1958 the Italian Government has taken certain measures with a view to the adjustment of that monopoly:      (a) By Law No 1085 of 19 December 1958, and later by Law No 825 of 13 July 1965 the principle of specifying retail price components was adopted for edible salt as for other products subject to a revenue-producing monopoly ; for each price charged by the supplier of such products, the amount of the consumer tax and the amounts allowed to the AAMS for distribution costs and to retailers by way of rebate are fixed by law and published ; the total is the sale price to the public. Suppliers, by asking a particular delivery price, can thus determine the end-price at which their products will be sold.           (b) Presidential Decree No 390 of 9 March 1961, by way of derogation from the Law of 1942, allowed the importation of salt into Italy within an annual quota equal to 5 % of domestic production. Law No 519 of 5 July 1966 concerning industrial supplies of salt made other derogations with regard to imports of industrial salt. The rules resulting from such provisions in respect of the various kinds of salt are as follows:        - edible salt from Member States of the EEC may be imported for personal use within the limit of the quota. Prior approval of the AAMS is necessary for quantities exceeding 5 kilogrammes. No derogation from the AAMS sale monopoly of edible salt is however permitted since the Decree of 9 March 1961 lays down (Article 5) that sales in the Italian territory over which the monopoly extends may be made only through the monopoly's selling organization. The importation of edible salt for the purpose of sale of sale is there fore conditional on the product being delivered to the AAMS for sale on a consignment basis;               - as regards industrial salt, direct importation by users is allowed without quantitative restriction, subject, however, to prior AAMS approval and to a permit from the Ministry for Foreign Trade or to the latter only, depending on the type of salt, According to the explanations given by the Italian authorities the sole purpose of that permit is to avoid any use of such salt for human consumption. Products thus imported may be freely marketed on the Italian market.                     4. The first quota (for the year 1961) was fixed at 1 050 000 metric quintals by a Ministerial Decree of 16 June 1961 and has been increased each year ; in 1966 it reached an amount of 2 111 930 quintals. However, such quotas have remained almost entirely unused : only negligible quantities of industrial salt were imported. On 29 July 1966, the Commission recommended the Italian Republic to abolish such quotas. The Italian  Government gave its agreement to the measure recommended by the Commission and, on 11 September 1967, forwarded to the Commission a draft law to that effect, which the competent Department had just submitted for the approval of the Italian Council of Ministers. The legislative process in respect of that draft is not yet completed.       5. The Commission is of the opinion that the measures so far taken by the Italian Government, though constituting, in the sector under consideration, an important step towards the elimination of discrimination between nationals of Member States regarding the conditions under which goods are procured and marketed, are not yet sufficient to achieve the objective of Article 37.  Since the end of the transitional period is approaching, measures should now be adopted to bring to an end all discrimination between nationals of Member States regarding the conditions under which goods are procured and marketed.  Article 37, which comes under the Title relating to the free movement of goods and, more particularly, under the Chapter concerning the elimination of quantitative restrictions between Member States, aims at achieving by the end of the transitional period in respect of products subject to a State monopoly of a commercial character (or a like system) the same result as that achieved for other products by the application of Articles 30 to 34, that is to say the free movement of goods.  However, a different procedure was provided in order to achieve that result in the sectors covered by State monopolies. Their progressive adjustment was provided for partly in order to take account of the fact that in the view of the Member States concerned the products subject to a monopoly presented special problems and partly so that the elimination of quantitative restrictions and of measures having an equivalent effect in those sectors should not be without practical result. There were indeed grounds for fearing that the liberalization of trade in respect for the products subject to a monopoly would not take place if the monopolies, by virtue of their exclusive right to import, export and market certain products, were to remain free to decide to what extent and under what conditions products from other Member States could be allowed on the domestic market (or, conversely, to what extent domestic products could be exported to other Member States).  It is for that reason that Article 37 contains the provision designed "to ensure that when the transitional period has ended no discrimination regarding the conditions under which goods are procured and marketed exists between the nationals of Member States".  It should be stressed that the ending of discrimination resulting directly from provisions applicable to products subject to a monopoly is not the only requirement laid down in Article 37 ; that objective could be attained, in the absence of an Article governing State monopolies, by means of other provisions of the Treaty, in particular those prohibiting charges having an equivalent effect to customs duties and measures having an equivalent effect to quantitative restrictions. It follows from what has been said above in relation to the special characteristics of State monopolies and of the restrictions to which they can give rise that the objective of the "adjustment", i.e. of ensuring that "no discrimination exists", is to eliminate the possibility that the particular powers vested in the monopolies in respect of the importing and domestic marketing, or the exporting, of certain products might at the end of the transitional period still give rise to discrimination.  Since these are the objectives laid down in Article 37, it is incumbent upon Italy to adjust the monopoly in salt before the end of the transitional period in order that the objectives may be attained. On the other hand, it is for the Commission, in addition to its general duty to see that the Treaty is implemented, to make recommendations in accordance with Article 37 (6) as to the manner in which the adjustment provided for in that Article shall be carried out.  In this particular case the Commission considers that the objective of Article 37 will not be achieved so long as quantitative restrictions remain and the sale of edible salt on the Italian market is reserved to the AAMS. As regards industrial salt, import permits, in so far as they are in fact necessary in order to prevent tax evasion, should be granted automatically and without delay.  For these reasons, it seems to the Commission that the best solution for attaining the objective laid down in Article 37, because there is no doubt that it will be effective, lies in the abolition of the abovementioned quantitative restrictions and the exclusive right of the AAMS to sell edible salt and in granting automatically and without delay any import permits in respect of industrial salt.       6. The monopoly in edible salt has the character of a revenue-producing monopoly. Pursuant to Article 90 (2) of the EEC Treaty undertakings having the character of a revenue-producing monopoly are subject to the rules contained in the Treaty, in particular the rules of competition, in so far as the application of such rules does not obstruct the performance of the particular tasks assigned to them. The development of trade must not be affected to such an extent as would be contrary to the interests of the Community.  The Commission is of the opinion that the revenue function of this monopoly does not justify the maintenance of quantitative import restrictions or of marketing restrictions. Through the adoption in 1958 of a system of specifying retail price components, thereby establishing a direct and constant relationship between each selling price and each delivery price, the Italian Government has already taken away much of the significance of the monopoly's revenue function : since the amount of tax corresponding to a particular selling price is fixed in advance, the ability of the tax authorities do derive the maximum tax revenue from the sale of each product - which, as has  been shown, is the main taxation objective - has been correspondingly reduced. In the circumstances it seems that the revenue function of the monopoly could be fulfilled simply by means of a consumer tax.    II  On these grounds the Commission of the European Communities recommends the Italian Republic to take the following measures, in accordance with Article 37 of the EEC Treaty:      1. To abolish all quantitative restrictions on imports of salt.           2. To allow all operations necessary for the marketing of edible salt from other Member States to be freely carried out on the Italian market. To that end, in particular:        - to allow suppliers from other Member States to set up their own wholesale trade network in Italy and to hold stocks there;               - to allow prices for products from the other Member States to be freely agreed between sellers and buyers at the different stages of marketing;               - to allow suppliers from other Member States to advertise their products freely;               - to take all measures necessary to ensure that retailers are commercially independent of the public authorities.                          3. To ensure that import permits in respect of industrial salt, in so far as they are in fact necessary in order to prevent tax evasion, are granted automatically and without delay.   Done at Brussels, 22 December 1969.  For the Commission  The President  Jean REY


Avis juridique important

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31979K0935

Commission Recommendation No 935/79/ECSC of 8 May 1979 imposing a definitive anti-dumping duty on certain angles, shapes and U, I or H sections of iron or steel, not further worked that hot-rolled or extruded, originating in Spain but imported from some other non- member country

Official Journal L 117 , 12/05/1979 P. 0016 - 0018

****( 1 ) OJ NO L 114 , 5 . 5 . 1977 , P . 6 .  ( 2 ) OJ NO L 352 , 31 . 12 . 1977 , P . 13 .  ( 3 ) OJ NO L 21 , 30 . 1 . 1979 , P . 14 .  ( 4 ) SEE THE COMMISSION COMMUNICATION OF 31 DECEMBER 1977  ( OJ NO L 353 , 31 . 12 . 1977 , P . 1 ), AS AMENDED BY THE COMMUNICATIONS OF 1 . 4 . 1978 ( OJ NO L 87 , 1 . 4 . 1978 , P . 4 ), 13 . 5 . 1978 ( OJ NO L 126 , 13 . 5 . 1978 , P . 6 ), 5 . 7 . 1978 ( OJ NO L 183 , 5 . 7 . 1978 , P . 3 ) AND 30 . 12 . 1978 ( OJ NO L 372 , 30 . 12 . 1978 , P . 2 ).  ( 5 ) OJ NO L 203 , 27 . 7 . 1978 , P . 28 .  ( 6 ) OJ NO L 372 , 30 . 12 . 1978 , P . 1 .  ( 7 ) OJ NO C 78 , 24 . 3 . 1979 , P . 2 .  ( 8 ) OJ NO L 37 , 13 . 2 . 1979 , P . 21 .  ( 1 ) OJ NO L 99 , 21 . 4 . 1979 , P . 31 .    COMMISSION RECOMMENDATION NO 935/79/ECSC   OF 8 MAY 1979   IMPOSING A DEFINITIVE ANTI-DUMPING DUTY ON CERTAIN ANGLES , SHAPES AND U , I OR H SECTIONS OF IRON OR STEEL , NOT FURTHER WORKED THAN HOT-ROLLED OR EXTRUDED , ORIGINATING IN SPAIN BUT IMPORTED FROM SOME OTHER NON-MEMBER COUNTRY   THE COMMISSION OF THE EUROPEAN   COMMUNITIES ,   HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN COAL AND STEEL COMMUNITY , AND IN PARTICULAR ARTICLES 74 AND 86 THEREOF ,   HAVING REGARD TO COMMISSION RECOMMENDATION 77/329/ECSC ON PROTECTION AGAINST DUMPING OR THE GRANTING OF BOUNTIES OR SUBSIDIES BY COUNTRIES WHICH ARE NOT MEMBERS OF THE EUROPEAN COAL AND STEEL COMMUNITY ( 1 ), AS AMENDED BY RECOMMENDATIONS NO 3004/77/ECSC ( 2 ) AND NO 158/79/ECSC ( 3 ), AND IN PARTICULAR ARTICLES 17 AND 19 THEREOF ,   HAVING REGARD TO THE OPINIONS EXPRESSED WITHIN THE ADVISORY COMMITTEE PROVIDED FOR BY RECOMMENDATION 77/329/ECSC ,   WHEREAS THE COMMUNITY HAS PUBLISHED BASIC PRICES ( 4 ) ESTABLISHED ON THE BASIS OF THE LOWEST NORMAL PRICES OR NORMAL COSTS OF PRODUCTION IN THE SUPPLYING COUNTRY OR COUNTRIES WHERE NORMAL CONDITIONS OF COMPETITION PREVAIL , INCLUDING THE COSTS OF TRANSPORT , INSURANCE AND CUSTOMS DUTIES ;   WHEREAS THE COMMUNITY , HAVING ASCERTAINED THAT THERE WAS UNDERCUTTING OF THESE BASIC PRICES ON THE PART OF SPANISH , SOUTH AFRICAN , JAPANESE , HUNGARIAN AND CZECHOSLOVAKIAN EXPORTERS OF THE PRODUCTS MENTIONED IN ARTICLE 1 OF THIS RECOMMENDATION FROM WHICH MATERIAL INJURY HAD RESULTED , IMPOSED , BY RECOMMENDATION NO 1785/78/ECSC ( 5 ), AS AMENDED BY RECOMMENDATION NO 3140/78/ECSC ( 6 ), A DEFINITIVE ANTI-DUMPING DUTY ON THE PRODUCTS IN QUESTION ;   WHEREAS CERTAIN ARRANGEMENTS WITH RESPECT TO TRADE IN STEEL PRODUCTS WERE MADE IN 1978 BETWEEN THE COMMUNITY AND THE LARGEST SUPPLYING COUNTRIES , INCLUDING SPAIN , WHICH WERE CONSIDERED SATISFACTORY BY THE COMMISSION ;   WHEREAS IN THESE CIRCUMSTANCES BY MEANS OF RECOMMENDATION NO 1758/78/ECSC THE COMMISSION SUSPENDED THE DEFINITIVE ANTI-DUMPING DUTY ;   WHEREAS , THESE ARRANGEMENTS HAVING EXPIRED ON 31 DECEMBER 1978 AND HAVING NOT BEEN RENEWED WITH SPAIN EVEN THOUGH MOST OF THE OTHER SUPPLYING COUNTRIES DID RENEW THEM , THE COMMISSION RE-EXAMINED THE FACTS ( 7 );   WHEREAS , SINCE PRELIMINARY EXAMINATIONS OF THE MATTER SHOWED THAT THERE WAS DUMPING AND SUFFICIENT EVIDENCE OF INJURY AND THE INTERESTS OF THE COMMUNITY CALLED FOR IMMEDIATE INTERVENTION , THE COMMISSION , BY RECOMMENDATION NO 267/79/ECSC ( 8 ), IMPOSED A PROVISIONAL ANTI-DUMPING DUTY ON THE IMPORTS IN QUESTION ;   WHEREAS , IN THE COURSE OF THE EXAMINATION OF THE MATTER , COMPLETED AFTER THE IMPOSITION OF THE PROVISIONAL ANTI-DUMPING DUTIES , THE COMMISSION GAVE INTERESTED PARTIES THE OPPORTUNITY TO MAKE KNOWN THEIR VIEWS IN WRITING AND GAVE THE PARTIES DIRECTLY CONCERNED WHO SO REQUESTED THE OPPORTUNITY TO EXPRESS THEIR VIEWS ORALLY ;   WHEREAS , HOWEVER , IN SO FAR AS INTERESTED PARTIES DID NOT AVAIL THEMSELVES OF THE OPPORTUNITY TO MAKE KNOWN THEIR VIEWS OR PRESENT THEIR ARGUMENTS ON THE ESSENTIAL POINTS OF THE ENQUIRY , THE COMMISSION HAD TO BASE ITS FINDINGS ON THE FACTS AVAILABLE ;   WHEREAS , IN THIS SITUATION , THE COMMISSION FOUNDED ITS DUMPING CALCULATIONS UPON BASIC PRICES CALCULATED ON THE COST OF PRODUCTION IN A COUNTRY CONSIDERED TO BE ONE OF THE MOST EFFICIENT PRODUCERS OF THE PRODUCT IN QUESTION , AS ESTABLISHED BY MEANS OF THE LATEST PUBLICLY AVAILABLE DATA ;   WHEREAS SUCH COST OF PRODUCTION HAS BEEN CALCULATED TAKING INTO CONSIDERATION INTER ALIA THE FOLLOWING ELEMENTS : RAW MATERIAL ( INCLUDING IRON ORE , SINTER , PELLETS , SCRAP , FERRO ALLOYS AND OTHER IRON-BEARING MATERIALS AND FLUXES ), ENERGY COSTS ( COKE , FUEL OIL , ELECTRICITY ), LABOUR COSTS INCLUDING SOCIAL COSTS , OTHER OPERATING COSTS ( INCLUDING MAINTENANCE COSTS AND TRANSPORT COSTS ) AND CAPITAL COSTS , TO WHICH WAS ADDED A REASONABLE AMOUNT FOR ADMINISTRATION , SELLING AND ANY OTHER COSTS AND FOR PROFITS ;   WHEREAS , MOREOVER , THOSE SPANISH DOMESTIC PRICES WHICH ARE AVAILABLE TO THE COMMISSION CONFIRM THE REASONABLENESS OF THESE BASIC PRICES ;   WHEREAS THE PRICES OF IMPORTS INTO THE COMMUNITY OF THE PRODUCTS WHICH ARE THE SUBJECT OF THE COMPLAINT HAVE BEEN COMPARED WITH THESE BASIC PRICES ;   WHEREAS THIS PRICE COMPARISON WAS MADE ON A FREEE COMMUNITY FRONTIER DUTY-PAID BASIS ;   WHEREAS THIS EXAMINATION OF THE MATTER HAS SHOWN THAT THE PRODUCTS IN QUESTION WERE OFFERED FOR IMPORT WITHIN THE COMMUNITY AT PRICES LOWER THAN THE BASIC PRICES AND THAT DUMPING HAS TAKEN PLACE , THE MARGIN OF WHICH IS CONSTITUTED BY THIS UNDERCUTTING ;   WHEREAS , WITH REGARD TO THE INJURY TO THE INDUSTRY CONCERNED , THE EVIDENCE SUBMITTED TO THE COMMISSION SHOWS THAT , ON THE ONE HAND , IMPORTS INTO THE COMMUNITY OF THE PRODUCTS IN QUESTION HAVE INCREASED OVERALL FROM 347 000 TONNES IN 1974 TO 517 000 TONNES IN 1977 , WHILE IMPORTS ORIGINATING IN SPAIN HAVE RISEN FROM APPROXIMATELY 32 000 TONNES TO 259 000 TONNES DURING THE SAME PERIOD ; WHEREAS OVERALL IMPORTS INTO THE COMMUNITY HAVE THUS ACHIEVED A MARKET SHARE OF 10.3 % AND IMPORTS ORIGINATING IN SPAIN A MARKET SHARE OF 5.1 % ; WHEREAS IN 1978 THE EVOLUTION OF IMPORTS WAS INFLUENCED BY ANTI-DUMPING MEASURES AND THE CONCLUSION OF ARRANGEMENTS WITH RESPECT TO TRADE IN STEEL PRODUCTS BETWEEN THE COMMUNITY AND MOST OF THE SUPPLYING COUNTRIES ; WHEREAS , HOWEVER , SPAIN HAS BEEN ABLE TO RETAIN AN IMPORTANT SHARE OF THE MARKET , NAMELY 3.8 % IN THE FIRST HALF OF 1978 ; WHEREAS ON THE OTHER HAND THE COMMUNITY STEEL INDUSTRY IS IN A STATE OF CRISIS , EVIDENCED BY A REDUCTION OF SOME 15 % IN DELIVERIES IN THE COMMUNITY OF THE PRODUCTS CONCERNED BETWEEN 1974 AND 1978 , BY REDUNDANCIES AND SHORT-TIME WORKING AMONG THE WORKFORCE IN THE FIRMS CONCERNED , WHICH FELL FROM 780 000 TO 675 000 BETWEEN 1974 AND 1978 , AND BY REDUCED PROFITS OR SERIOUS LOSSES ON THE PART OF MOST OF THOSE FIRMS ;   WHEREAS THE PRICES OF IMPORTS INTO THE COMMUNITY OF PRODUCTS ORIGINATING IN SPAIN HAVE BEEN CONSIDERABLY LOWER THAN THE PRICES FOR SALES WITHIN THE COMMUNITY OF THE EQUIVALENT PRODUCTS FROM THE EUROPEAN INDUSTRY ; WHEREAS THIS UNDERCUTTING HAS PREVENTED THE EUROPEAN PRODUCERS FROM OBTAINING THE GUIDANCE PRICES ;   WHEREAS , THEREFORE , THE FACTS AS FINALLY ESTABLISHED SHOW THAT MATERIAL INJURY HAS BEEN CAUSED TO THE COMMUNITY INDUSTRY  -  OR THAT SUCH INJURY WOULD HAVE BEEN CAUSED IF PROVISIONAL ACTION HAD NOT BEEN TAKEN  -  BY REASON OF IMPORTS ORIGINATING IN SPAIN , TOGETHER WITH THOSE ORIGINATING IN CZECHOSLOVAKIA , HUNGARY , JAPAN AND SOUTH AFRICA , WHICH HAVE CONCLUDED ARRANGEMENTS IN THE STEEL SECTOR WITH THE COMMUNITY ;   WHEREAS , IN THE MEANTIME , CERTAIN ARRANGEMENTS WITH REGARD TO THE DIRECT IMPORTATION OF STEEL PRODUCTS HAVE BEEN CONCLUDED BETWEEN THE COMMUNITY AND SPAIN ;   WHEREAS THESE ARRANGEMENTS , WHICH WERE CONSIDERED SATISFACTORY BY THE COMMUNITY , MADE IT POSSIBLE TO TERMINATE , BY RECOMMENDATION NO 787/79/ECSC , THE PROVISIONAL ANTI-DUMPING DUTY ON DIRECT IMPORTS ( 1 );   WHEREAS , HOVEWEVER , THE ARRANGEMENT CONCLUDED WITH SPAIN CONTAINED NO PROVISION FOR REGULATING INDIRECT IMPORTS , WHICH , AS SHOWN BY THE EXPERIENCE OF 1978 , ESPECIALLY IN THE CASE OF SPAIN , THREATEN TO UPSET THE BALANCE OF THE WHOLE PRICE SYSTEM , BOTH AS REGARDS EUROPEAN PRODUCERS AND PRODUCERS IN THOSE OTHER SUPPLYING COUNTRIES WHICH HAVE RENEWED THE ARRANGEMENTS WITH RESPECT TO TRADE IN STEEL PRODUCTS ;   WHEREAS , GIVEN THE SERIOUS CONDITIONS BEING EXPERIENCED BY THE COMMUNITY STEEL INDUSTRY , THE INTERESTS OF THE COMMUNITY REQUIRE THE IMPOSITION OF A DEFINITIVE ANTI-DUMPING DUTY AND THE DEFINITIVE COLLECTION OF THE AMOUNT SECURED BY WAY OF PROVISIONAL DUTY WITH REGARD TO INDIRECT IMPORTS ;   WHEREAS THE AMOUNT OF SUCH DEFINITIVE DUTY SHOULD CORRESPOND TO THE DIFFERENCE BETWEEN THE BASIC PRICE PUBLISHED BY THE COMMISSION FOR THE PRODUCTS IN QUESTION AND THEIR PRICE ON IMPORTATION INTO THE COMMUNITY , DUE CONSIDERATION BEING GIVEN TO ANY REDUCTION IN VALUE CLAIMED BY THE IMPORTERS AND ESTABLISHED TO THE SATISFACTION OF THE COMPETENT NATIONAL AUTHORITIES ,   HAS ADOPTED THIS RECOMMENDATION :   ARTICLE 1   1 .  A DEFINITIVE ANTI-DUMPING DUTY IS HEREBY IMPOSED ON THE FOLLOWING PRODUCTS ORIGINATING IN SPAIN AND IMPORTED FROM SOME OTHER NON-MEMBER COUNTRY :   //   // CCT HEADING NO  //  DESCRIPTION  //  // 73.11 A I  ( NIMEXE CODES 73.11-11 , 12 , 14 , 16 ) //  CERTAIN ANGLES , SHAPES AND U , I OR H SECTIONS OF IRON OR STEEL , NOT FURTHER WORKED THAN HOT-ROLLED OR EXTRUDED //   2 .  THE AMOUNT OF THIS DUTY SHALL BE EQUAL TO THE AMOUNT BY WHICH THE EFFECTIVE PRICE ( BASIC PRICE PLUS EXTRAS ) ESTABLISHED BY CONTRACT , FREE-AT-FRONTIER DUTY-PAID , IS LOWER THAN THE EFFECTIVE PRICE ( BASIC PRICE PLUS EXTRAS ) LAST PUBLISHED BY THE COMMISSION FOR THIS PRODUCT AT THE TIME OF ITS ENTRY FOR COMMUNITY CONSUMPTION .   3 .  THE AMOUNT OF THE DUTY SHALL HOWEVER BE REDUCED TO THE EXTENT THAT THE IMPORTER ESTABLISHES TO THE SATISFACTION OF THE COMPETENT NATIONAL AUTHORITIES THAT THE PRICE DIFFERENTIAL REFERRED TO IN PARAGRAPH 2 ABOVE IS DUE TO A DIMINUTION IN VALUE RESULTING FROM THE QUALITY OF THE GOODS BEING INFERIOR TO THE LOWEST QUALITY SPECIFIED IN THE MOST RECENT PUBLICATION OF BASIC PRICES BY THE COMMISSION .   4 .  THIS DUTY SHALL BE COLLECTED ON THE SAME BASIS AS CUSTOMS DUTIES .   ARTICLE 2   THE AMOUNTS SECURED BY WAY OF PROVISIONAL DUTY UNDER THE PROVISIONS OF RECOMMENDATION NO 267/79/ECSC IN RESPECT OF PRODUCTS ORIGINATING IN SPAIN BUT COMING FROM ANOTHER THIRD COUNTRY SHALL BE DEFINITIVELY COLLECTED TO THE EXTENT THAT THEY DO NOT EXCEED THE RATE OF DUTY FIXED IN THIS RECOMMENDATION .   ARTICLE 3   NOTWITHSTANDING ARTICLES 1 AND 2 , THE DEFINITIVE ANTI-DUMPING DUTIES SHALL NOT BE COLLECTED AND THE AMOUNTS SECURED BY WAY OF PROVISIONAL DUTY SHALL NOT BE DEFINITIVELY COLLECTED BUT SHALL BE REFUNDED , UPON THE REQUEST OF THE IMPORTER CONCERNED , AS REGARDS DELIVERIES INTENDED FOR SHIPBUILDING YARDS WITHIN THE COMMUNITY .   ARTICLE 4   THIS RECOMMENDATION SHALL BE NOTIFIED TO THE MEMBER STATES .   IT SHALL ENTER INTO FORCE FOR EACH MEMBER STATE ON THE DATE OF ITS PUBLICATION IN THE OFFICIAL JOURNAL OF THE EUROPEAN COMMUNITIES .   DONE AT BRUSSELS , 8 MAY 1979 .   FOR THE COMMISSION   ETIENNE DAVIGNON   MEMBER OF THE COMMISSION


title: Commission Recommendation (EU) 2016/1319 of 29 July 2016 amending Recommendation 2006/576/EC as regards deoxynivalenol, zearalenone and ochratoxin A in pet food (Text with EEA relevance)

text:
                  2.8.2016

                  EN

                  Official Journal of the European Union

                  L 208/58

            COMMISSION RECOMMENDATION (EU) 2016/1319
      of 29 July 2016
      amending Recommendation 2006/576/EC as regards deoxynivalenol, zearalenone and ochratoxin A in pet food
      (Text with EEA relevance)
      THE EUROPEAN COMMISSION,
      Having regard to the Treaty on the Functioning of the European Union, and in particular Article 292 thereof,
      Whereas:

                  (1)

                  Commission Recommendation 2006/576/EC (1) establishes guidance values for deoxynivalenol, zearalenone, ochratoxin A, fumonisins B1+B2 and T-2 and HT-2 toxin in feed materials and compound feed.

                  (2)

                  The current guideline level for deoxynivalenol in feed for dogs is 5 mg/kg. Taking into account information received recently as regards the toxicity of deoxynivalenol in feed for dogs and the EFSA opinion on deoxynivalenol in feed (2), it appears that the current guideline level does not provide sufficient guarantees as regards animal health for dogs and it is therefore appropriate to lower the guideline level of deoxynivalenol in feed for dogs.

                  (3)

                  Taking into account information received recently as regards the toxicity of zearalenone in feed for cats and dogs, it is appropriate to establish a guideline level for zearalenone in feed for cat and dogs to provide guarantees as regards animal health for cat and dogs, awaiting an updated risk assessment, to be performed by EFSA, on the possible animal health risks as the consequence of the presence of zearalenone in feed.

                  (4)

                  Taking into account information received recently as regards the toxicity of ochratoxin A in feed for cats and dogs and the EFSA opinion on ochratoxin A in feed (3), it is appropriate to establish a guideline level for ochratoxin A in feed for cats and dogs to provide guarantees as regards animal health for cats and dogs.

                  (5)

                  To maintain the readability of the provisions in the Recommendation, it is appropriate to replace the Annex to Recommendation by a new Annex.

            HAS ADOPTED THIS RECOMMENDATION:
      The Annex to Recommendation 2006/576/EC is replaced by Annex to this Recommendation.

         Done at Brussels, 29 July 2016.

               For the Commission

            Vytenis ANDRIUKAITIS

               Member of the Commission

         (1)  Commission Recommendation 2006/576/EC of 17 August 2006 on the presence of deoxynivalenol, zearalenone, ochratoxin A, T-2 and HT-2 and fumonisins in products intended for animal feeding (OJ L 229, 23.8.2006, p. 7).

         (2)  Opinion of the Scientific Panel on Contaminants in the Food Chain on a request from the Commission related to Deoxynivalenol (DON) as undesirable substance in animal feed http://www.efsa.europa.eu/en/efsajournal/pub/73

         (3)  Opinion of the Scientific Panel on Contaminants in Food Chain on a request from the Commission related to ochratoxin A (OTA) as undesirable substance in animal feed http://www.efsa.europa.eu/en/efsajournal/pub/101

         ANNEX

            GUIDANCE VALUES

                     Mycotoxin

                     Products intended for animal feed

                     Guidance value in mg/kg (ppm) relative to a feedingstuff with a moisture content of 12 %

                     Deoxynivalenol

                     Feed materials (*)

                                 —

                                 Cereals and cereal products (**) with the exception of maize by-products

                     8

                                 —

                                 Maize by-products

                     12

                     Compound feed with the exception of

                     5

                                 —

                                 compound feed for pigs

                     0,9

                                 —

                                 compound feed for calves (< 4 months), lambs, kids and dogs

                     2

                     Zearalenone

                     Feed materials (*)

                                 —

                                 Cereals and cereal products (**) with the exception of maize by-products

                     2

                                 —

                                 Maize by-products

                     3

                     Compound feed for:

                                 —

                                 piglets, gilts (young sows), puppies, kittens, dogs and cats for reproduction

                     0,1

                                 —

                                 adult dogs and cats other than for reproduction

                     0,2

                                 —

                                 sows and fattening pigs

                     0,25

                                 —

                                 calves, dairy cattle, sheep (including lamb) and goats (including kids)

                     0,5

                     Ochratoxin A

                     Feed materials (*)

                                 —

                                 Cereals and cereal products (**)

                     0,25

                     Compound feed for:

                                 —

                                 pigs

                     0,05

                                 —

                                 poultry

                     0,1

                                 —

                                 cats and dogs

                     0,01

                     Fumonisin B1+B2

                     Feed materials (*)

                                 —

                                 maize and maize products (***)

                     60

                     Compound feed for:

                                 —

                                 pigs, horses (Equidae), rabbits and pet animals

                     5

                                 —

                                 fish

                     10

                                 —

                                 poultry, calves (< 4 months), lambs and kids

                     20

                                 —

                                 adult ruminants (> 4 months) and mink

                     50

                     T-2 + HT-2 toxin

                     Compound feed for cats

                     0,05

            (*)  Particular attention has to be paid to cereals and cereals products fed directly to the animals that their use in a daily ration should not lead to the animal being exposed to a higher level of these mycotoxins than the corresponding levels of exposure where only the complete feedingstuffs are used in a daily ration.

            (**)  The term ‘Cereals and cereal products’ includes not only the feed materials listed under heading 1 ‘Cereal grains and products derived thereof’ of the list of feed materials referred to in part C of the Annex to Commission Regulation (EU) No 68/2013 of 16 January 2013 on the Catalogue of feed materials (OJ L 29, 30.1.2013, p. 1) but also other feed materials derived from cereals in particular cereal forages and roughages.

            (***)  The term ‘Maize and maize products’ includes not only the feed materials listed under heading 1 ‘Cereal grains and products derived thereof’ of the list of feed materials referred to in part C of the Annex to Regulation (EU) No 68/2013 but also other feed materials derived from maize in particular maize forages and roughages.


title: Recommendation of the European Central Bank of 5 June 2009 to the Council of the European Union on the external auditors of Banka Slovenije (ECB/2009/12)

text:
               11.6.2009

               EN

               Official Journal of the European Union

               C 132/1

      RECOMMENDATION OF THE EUROPEAN CENTRAL BANK

   of 5 June 2009
   to the Council of the European Union on the external auditors of Banka Slovenije
   (ECB/2009/12)
   2009/C 132/01
   THE GOVERNING COUNCIL OF THE EUROPEAN CENTRAL BANK,
   Having regard to the Statute of the European System of Central Banks and of the European Central Bank, and in particular Article 27.1 thereof,
   Whereas:

               (1)

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

               (2)

               The mandate of Banka Slovenije’s current external auditors will end after the audit for the financial year 2008. It is therefore necessary to appoint external auditors from the financial year 2009.

               (3)

               Banka Slovenije has selected Deloitte revizija d.o.o. as its external auditors for the financial years 2009 to 2011,

         HAS ADOPTED THIS RECOMMENDATION:
   It is recommended that Deloitte revizija d.o.o. should be appointed as the external auditors of Banka Slovenije for the financial years 2009 to 2011.

      Done at Frankfurt am Main, 5 June 2009.

            The President of the ECB

         Jean-Claude TRICHET


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32003H0023

Recommendation No 23 of 29 October 2003 on the processing of pension claims (Text with EEA relevance)

Official Journal L 104 , 08/04/2004 P. 0125 - 0126

Recommendation No 23of 29 October 2003on the processing of pension claims(Text with EEA relevance)(2004/326/EC)THE ADMINISTRATIVE COMMISSION OF THE EUROPEAN COMMUNITIES ON SOCIAL SECURITY FOR MIGRANT WORKERS,Having regard to Article 81(a) of Council Regulation (EEC) No 1408/71(1), pursuant to which the Administrative Commission has to deal with all administrative questions deriving from Regulation (EEC) No 1408/71 and Council Regulation (EEC) No 574/72(2),Having regard to Article 81(c) of that Regulation, pursuant to which the Administrative Commission has to foster and develop cooperation between the Member States in social security matters,Having regard to Article 81(d) of that Regulation, pursuant to which the Administrative Commission has to foster and develop cooperation between the Member States by modernising procedures for exchange of information,Having regard to Articles 36 to 38, Articles 41 to 43, Articles 45 to 47, Article 49, Article 90 and Article 111 of Council Regulation (EEC) No 574/72, which contain provisions for the investigation of a claim for a pension,Whereas:(1) In the interest of the persons concerned, the processing of pension applications should be carried out expediently and without any unnecessary delay.(2) The Administrative Commission, by its Decision No 182 of 13 December 2000, has established a common framework for the collection of data on the settlement of pension claims.(3) The Technical Commission, within this framework, has initiated discussions between Member States in order to examine the use of good practice to reduce processing times for pension applications.(4) These discussions have identified a number of obstacles to the processing of pension claims as well as a number of measures that could be implemented in order to overcome them.(5) Some of these measures, concerning the organisation of the national institutions and the allocation of resources to them, are entirely the responsibility of the Member States, and the Administrative Commission can do no more than issue recommendations,HEREBY RECOMMENDS:The Member States, as regards organisational matters, as well as the use of human and material resources at their disposal, to take the necessary measures in order to ensure optimum processing of pension applications relating to Regulation (EEC) No 1408/71:1. to provide human resources and computer facilities in sufficient quantities and for the specific purpose of processing applications relating to Regulation (EEC) No 1408/71;2. to take account of the specific organisation and features of their schemes, to identify the best way to process applications relating to Regulation (EEC) No 1408/71, which for example could be done by centralisation even if national administration is based on a decentralised level or by providing for applications to be handled by a special national or regional body designated for this purpose or for special departments to be set up at the level nearest to the applicant;3. to provide technical staff responsible for processing Community applications with specialised training on the Community rules to be applied and the tools to be used (forms, computers, telematics, etc.) and to organise measures to make management and technical staff more aware of the Community aspects of their institution's work and the procedures for overseeing the processing of Community applications;4. to foster the establishment of partnerships between their institutions and those in other Member States, for example by the use of national correspondents, who are specialised on relations with particular Member States and that a list of staff members is produced (names, subject areas, postal and e-mail addresses, telephone and fax numbers) which could possibly be made available on the CIRCA server.The Chairman of the Administrative CommissionGiuseppe Miccio(1) OJ L 149, 5.7.1971, p. 2.(2) OJ L 74, 27.3.1972, p. 1.


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52000DC0549

Recommendation for a Council Recommendation on the implementation of Member States'employment policies  /* COM/2000/0549 final */

Recommendation for a COUNCIL RECOMMENDATION ON THE IMPLEMENTATION OF MEMBER STATES' EMPLOYMENT POLICIES(presented by the Commission)EXPLANATORY MEMORANDUMIn February 2000, the Council adopted the first set of recommendations on the implementation of Member States' employment policies, in accordance with Article 128 4. The purpose was to focus policy action on priority areas and provide Member States with support and guidance in implementing the Employment Guidelines.The National Action Plans, submitted by Member States in May, give a clear picture of how this first set of recommendations has been put into practice. This year's experience shows that the recommendations have played a useful role in focusing Member States' efforts on those aspects of the labour market where performance was acknowledged as being below the level achieved elsewhere in the Union.This recommendation draws on the findings from the Commission's examination of the National Action Plans. It is part of a package including both the draft Joint Employment Report for 2000, which sets out the Commission's findings in detail, and the proposal for a Council decision on the Employment Guidelines for 2001. The Commission has been careful to ensure the coherence of these employment recommendations with those of the Broad Economic Policy Guidelines.The recommendation identifies the key labour market challenges facing each Member State, and recommends appropriate lines of action to assist Member States in addressing those challenges as effectively as possible, in the framework of the European Employment Strategy.This year's recommendations differ from last years in a number of respects, to reflect:*first, the extent to which individual Member States have responded to recommendations, in the light of their particular labour market conditions;*second, the development of the Luxembourg process, particularly in the light of the conclusions of the Lisbon and Feira European Councils, which emphasised the role of an active employment policy in establishing a knowledge-based economy.The Member States' response to the recommendations was generally positive, albeit somewhat uneven, reflecting different stages of implementation and compliance with the Employment Guidelines. Such differences were given careful consideration when the individual recommendations were reviewed. The Commission has to decide between three course of action:(1) The recommendation should be maintained because the measures taken by the Member State to address it are clearly insufficient.(2) The recommendation should be amended to take account of progress made by the Member State, with a call to pursue efforts or to monitor further progress and assess impact. This is the appropriate response where measures taken by the Member State only partly address the recommendation and more effort is needed, or where a comprehensive plan has been laid down, but results will be visible only in the medium-to-long term.(3) The recommendation should be dropped, because the steps undertaken by the country are sufficient.Most of the 52 existing recommendations have been kept either in their entirety or in an amended form, since their implementation exceeds the timeframe of a single year and requires progress monitoring and impact assessment over the medium and long term. Eight recommendations were dropped because the initiatives taken by Member States and the evidence in the National Action Plans for Employment provided an adequate response, and clear progress was achieved. This concerned the recommendations on:*the service sector and its job creation potential for Belgium, Germany, Ireland and Italy;*the need to reduce the administrative burden on companies in Spain;*the development of the statistical monitoring system in Germany and the United Kingdom;*the promotion of social partnership in France.Moreover, new recommendations were included to address two issues which deserve increasing policy attention given the current context of social and economic change and the increasingly clear impact of the emerging knowledge society:*The strategic approach to the pillars. Despite considerable efforts to put the employment guidelines into practice, some Member States still lack a comprehensive approach to developing and implementing the Employment Strategy. This is reflected in the uneven treatment given to the four pillars of the employment guidelines in the National Action Plans. Therefore, some Member States are encouraged to take a more strategic approach to framing their NAPs and to consider explicitly how they might improve their policy mix in order to achieve maximum impact.*Lifelong learning. Whereas lifelong learning plays an important role in employment policies, as highlighted by the conclusions of the Lisbon Summit, policy action by Member States has remained quite modest. Most still lack a comprehensive policy framework for lifelong learning, supported by appropriate targets called for by the new guideline, introduced in 1999 to address the challenges of the knowledge-based society. The Commission felt it therefore necessary to follow up progress. Recommendations in this area should help Member States to address skills gaps and bring education and training systems into line with the needs of the labour market.*Other emerging labour market issues could be covered by the present recommendation. One example is the widening regional disparities in employment which have been witnessed in some Member States. While this issue has been considered in the Joint Employment Report of 2000 and in the revised employment guidelines for 2001, its inclusion in the recommendations on employment policy will be considered in the future.Annex 1Comparison of Council recommendations in 1999 and 2000>TABLE POSITION>Annex 2List of dropped recommendationsBelgiumAdopt and implement coherent strategies, encompassing regulatory, fiscal and labour market measures, to exploit more fully the job creation potential of the services sector.GermanyAdopt and implement a coherent strategy to exploit the employment potential of the services sector, encompassing regulatory, fiscal and other measures to reduce the burden for setting up new undertakings;Take appropriate measures to improve and adapt its statistical system so as to provide data compatible with the common policy indicators by 2000. Germany should consider introducing a quarterly Labour Force Survey in the light of the Council Regulation (EC) No 577/98.SpainAdopt and implement coherent strategies, encompassing regulatory, fiscal and other measures, designed to reduce the administrative burden on companies, in order to stimulate entrepreneurship and exploit the potential for more and stable employment in the service sector.FranceStrengthen social partnership with a view to developing a comprehensive approach to modernising work organisation.IrelandPursue recently implemented policies, encompassing regulatory, educational and fiscal measures, in order to further exploit the potential for job growth in the service sector.ItalyPursue particularly in the South efforts to alleviate the administrative burden on companies and exploit the job creation potential of the service sector.United KingdomUpgrade the statistical monitoring system, so that policy indicators on prevention and activation will be provided by 2000 in accordance with agreed definitions and methods.Recommendation for aCOUNCIL RECOMMENDATIONON THE IMPLEMENTATION OF MEMBER STATES' EMPLOYMENT POLICIESTHE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular to Article 128(4) thereof,Having regard to the 15 implementation reports for 2000 received from the Member States, comprising the implementation of the 1999 National Employment Action Plans and describing the adjustments made to the National Employment Action Plans to take account of the changes introduced by the 2000 guidelines,Having regard to the Council recommendation of 14 February 2000 on the implementation of Member States' employment policies.Having regard to the recommendation made by the Commission on 6 September 2000,Having regard to the opinion of the Economic Policy Committee of 4 October 2000 on this recommendation,Having regard to the opinion of the Employment Committee of 5 October 2000 on this recommendation.Whereas:(1) The Council adopted the employment guidelines for 1998, 1999 and 2000, by the Council Resolution of 15 December 1997 and 22 February 1999, and by the Council decision of 13 March 2000. [1][1]  OJ L 72,21.3.2000, p. 15.(2) The Lisbon European Council on 23 and 24 March 2000 agreed on a comprehensive strategy towards employment, economic reform and social cohesion as part of the knowledge-based society, made a commitment to creating the conditions for full employment and stressed the importance of lifelong learning;(3) The Feira European Council on 19 and 20 June 2000 highlighted the prominent role social partners are called to play in modernising work organisation, promoting lifelong learning and increasing the employment rate, particularly amongst women;(4) The Council adopted the recommendation on the Broad Economic Guidelines on 19 June 2000, and European Council of 17 June 1997 agreed on a Resolution on a Stability and Growth Pact setting commitments by Member States;(5) The 2000 Joint Employment Report, prepared jointly with the Commission, describes the employment situation in the Community and examines the action taken by the Member States in implementing their employment policy in line with the guidelines,(6) The Council considers it appropriate, in the light of the examination of the implementation of the Member States' employment policies, to make recommendations ; they should be used sparingly, should concentrate on priority issues and should be based on sound and accurate analysis;(7) In complementing action undertaken by the Member States with a view to contributing towards the achievement of full employment, the competences of the Member States should be respected;(8) The Council acknowledges the significant efforts already undertaken by Member States with a view to implementing the Employment Guidelines and the Council Recommendation of 14 February 2000 [2]; in the assessment of the impact of these policies, the multi-annual perspective of the Employment Guidelines should be taken into account;[2]  OJ C [...],[...], p. [...](9) In addressing the employment guidelines, an overall strategic approach to the development and implementation of the employment policies in the Member States is called for;(10) The development and implementation of lifelong learning is key to the development of a competitive and dynamic knowledge-based society and requires action from public authorities, enterprises and social partners;(11) To tackle youth unemployment, which is a long-standing problem in most European Union countries, all young people should have the opportunity to gain entry to the world of work before they have been unemployed for six months;(12) To prevent adult long-term unemployment, which affects roughly half of the unemployed in the European Union, all the adult unemployed should be offered a new start before they have been unemployed for twelve months;(13) It is important to reduce disincentives to employment embodied in the tax or benefit systems in order to ensure higher participation rates amongst women and older workers;(14) Improvements of the business environment and a better equipment of individuals for taking up entrepreneurial activities are needed to stimulate job creation by more and more dynamic enterprises;(15) Framework conditions need to be developed to tap the potential for employment growth in the services sector;(16) Sustained job creation calls for more employment-friendly taxation systems in which the currently high burden on labour is shifted to alternative sources of fiscal revenue, such as energy and the environment;(17) Local action for employment significantly contributes to the achievement of the objectives of the European Employment Strategy;(18) The establishment of partnerships at all appropriate levels is key for the modernisation of the organisation of work and the promotion of the adaptability of undertakings and their employees;(19) Gender gaps in the labour market, particularly affecting employment, unemployment and pay, as well as gender segregation across sectors and occupations, require comprehensive mainstreaming strategies and measures to reconcile work and family life better;Hereby Makes to the individual Member States the recommandations set out in the Annex.Done at Brussels,For the CouncilThe PresidentANNEXI. BELGIUMProblems in employment performanceThe Belgian labour market improved in 1999 with a particularly strong increase in the employment rate and a fall in the unemployment rate to below the EU average. However, employment growth slowed down and was below the EU average and long-standing challenges are only gradually being met.-Inflows into long-term unemployment are high, as are stocks of long-term unemployed people, who accounted for 5.0% of the labour force in 1999.-Participation in employment is low amongst older people (12 points below EU average) particularly those over 55, whose employment rate (24.7%) is still the lowest in the Union.-The average tax burden on labour remains one of the highest in the EU.-Labour and skills shortages are emerging while regional disparities in unemployment remain considerable.After due analysis, it appears that more efforts are required in response to the employment guidelines and recommendations concerning: implementation of a preventive policy; revision of the tax-benefit system; better co-operation between labour market authorities; reduction of the tax burden on labour and the development of lifelong learning.Belgium should therefore:(1) intensify its efforts to implement the new individual approach towards all unemployed young people, which aims to reach them before they have been unemployed for 6 months; take decisive steps to design, and start implementing, an appropriate early-intervention system for unemployed adults;(2) continue to examine disincentives to labour market participation within the tax and benefit system, particularly those affecting older workers. Belgium should, in particular, closely monitor measures aiming at preventing the early withdrawal of workers from work and consider strengthening disincentive measures in that field.(3) continue efforts to reinforce co-operation between the different labour market authorities in order to integrate and ensure co-ordination between multiple active measures.(4) pursue further and closely monitor measures to reduce the tax burden on labour so as to encourage employees to take up a job and employers to recruit, and closely monitor the impact of the reduction of social security contributions;(5) develop and implement a comprehensive lifelong learning strategy to prevent skills shortages and build a more solid foundation for the knowledge-based economy and society.II. DENMARKProblems in employment performanceThe labour market situation remains very favourable with the highest employment rates in the EU, both for men and women and one of the lowest unemployment rates. The key challenges for Denmark still lie in the need:-to expand the current labour force, notably by encouraging employees to remain active members of the workforce for longer and by reducing the number of people of working age on social benefits.-to achieve a greater balance between women and men across occupations.After due analysis, it appears that further efforts are required in response to the employment guidelines and recommendations concerning: reduction of the tax-burden on labour; encouragement for employees to remain active members of the work force for longer; integration of unemployed women and lessening the degree of gender segregation.Denmark should therefore:(1) pursue further and closely monitor implementation of on-going reforms to reduce the overall fiscal pressure on labour, in particular, the tax burden on low incomes;(2) increase incentives to take up or remain in employment and continue to closely monitor reform of early retirement and leave schemes in the light of the need to increase labour supply.(3) continue efforts to develop a more substantial mainstreaming approach and a comprehensive strategy for reducing the current levels of occupational gender segregation in the labour market.III. GERMANYProblems in employment performanceAs the German economy continues to recover, the reversal in employment trends is becoming clearer, and unemployment has fallen further as the consequences of German unification continue to feed through. Amongst the key challenges still facing Germany's labour market are:-slow absorption of the job losses registered throughout most of the nineties (- 1.2 percentage points per year from 1991 to 1998); and large regional differences in unemployment rates, the new Länder being particularly badly affected;-persistently high long-term unemployment, accounting for 4.4% of the labour force;-despite recent reforms, one of the highest overall tax burdens on labour in the EU;-the low proportion of people between 50 and 64 still in employment (about 37%), which points to an additional unused employment potential, and the need for a more vigorous comprehensive lifelong learning policy to boost the employability of the labour force.After due analysis, it appears that more efforts are required in response to the employment guidelines and recommendations concerning: the tax burden on labour; preventive policies; the tax/benefit system, in particular for older workers; lifelong learning and equal opportunities.Germany should therefore:1. pursue further and closely monitor efforts to continue the reduction of the fiscal pressure on labour, by reducing taxes and social security contributions. In particular, labour costs should be reduced further at the lowest end of the wage scale, while respecting the need for fiscal consolidation;2. push ahead with full implementation of a preventative approach, focused on early action to meet individual needs and prevent people from becoming long-term unemployed. Progress towards common and national targets should be closely monitored.3. continue with a more detailed examination of obstacles and disincentives liable to discourage labour market participation amongst all groups, especially older workers. Changes in labour market participation rates amongst older workers should be monitored, and further measures adopted to improve the employability of this group;4. tackle skills gaps in the labour market, through further improvements in arrangements for continuous training in partnership with the social partners, and through quantitative targets for lifelong learning. In this context, modern job profiles for apprenticeship training must be developed, and measures are needed in schools to ensure a better transition into modern jobs in the workplace.5. pursue and strengthen the double-pronged approach coupling gender mainstreaming and specific measures for equal opportunities, paying particular attention to the impact of the tax and benefit system on women's employment, and taking action to reduce the gender pay gap.IV. GREECEProblems in employment performanceGreece has one of the lowest employment rates (55.5%) in the EU. Despite good employment performance recently, unemployment has increased in the last few years largely as a result of the growing labour force (women and immigrants) and it is still above the EU average. Long-term unemployment has also increased. This situation illustrates the structural problems in the labour market.-Youth, female and long-term unemployment rates remain high, above the EU average.-There is a wide gender gap both in employment and unemployment.-Educational reforms include steps to develop lifelong learning, but there is no clear overall strategy, while the quality of education and vocational training needs further improvement.-High administrative burdens hinder business growth, particularly in start-up phase, and employment in services is still low, despite improvements in certain areas.-Limited use of new technologies and delays in the modernisation of work organisation, which hold back productivity growth, continue to be a matter for concern.After due analysis, it appears that further efforts are required in response to the employment guidelines and recommendations concerning: the overall policy approach; prevention and activation; gender mainstreaming and increased female participation; education and training; the reduction of the administrative burden and the modernisation of work organisation.Greece should therefore:1. develop a strategic framework and a set of well structured policies for the implementation of the employment guidelines across the four pillars; 2. take decisive and coherent action to prevent young and adult unemployed people from drifting into long-term unemployment, in compliance with guidelines 1 and 2, through swift reform of public employment services; the statistical system must be upgraded, so that policy indicators on prevention and activation are available in good time and progress can be effectively monitored;3. examine in greater detail disincentives within the tax and benefit system liable to discourage labour market participation, particularly amongst women, with a view to progressively raising employment rates amongst women and reinforcing gender mainstreaming;4. adopt a comprehensive strategy on lifelong learning, including the setting of targets, and further improve the quality of education and vocational training in order to enhance the skills of the labour force; and give more support for continuous training, in particular by involving social partners more actively;5. adopt and implement a coherent strategy aimed at significantly reducing the administrative burden involved in setting up a new business, in order to stimulate entrepreneurship and fully exploit the job creation potential of the service sector;6. encourage a partnership approach and promote concrete commitments by the social partners at all appropriate levels on the modernisation of work organisation, with the aim of making undertakings more productive and competitive while achieving the required balance between flexibility and security.V. SPAINProblems in employment performanceSpain has been experiencing positive economic and employment growth over recent years, but serious challenges remain.-the employment rate, though on the rise, is among the lowest in Europe. Unemployment is still high at 15.9% despite a significant decline since 1996. Long-term unemployment has also declined but women and older workers remain particularly badly affected by unemployment.-The percentage of temporary employment is high; most of these temporary jobs are of short duration and tend to be done predominantly by women and young people.-Regional disparities are wide, while geographical mobility is very low.-Although the female employment rate has been increasing, it is still the lowest in Europe (37.6%). At 30.3%, the employment gender gap is the widest in Europe. Unemployment amongst women is running at 23.1%.-Less than 35% of the population aged 25-64 have completed upper-secondary level education. Early school-leaving is widespread and participation in education and training during adulthood is particularly low. There is no comprehensive approach to lifelong learning.After due analysis, it appears that more efforts are required in response to the employment guidelines and recommendations concerning: prevention and activation policies; improvement of the statistical monitoring system; gender mainstreaming; lifelong learning; adaptability and tax and benefit systems.Spain should therefore:1. continue with modernisation of the Public Employment Services to improve its efficiency, and step up implementation of the preventative approach so as to cover all potential beneficiaries. Such efforts should include the completion of the statistical monitoring system by early 2001;2. do more to support mainstreaming of equal opportunities in order to push the female employment rate up towards the EU average, in a timeframe that adequately reflects the urgency of such measures;3. develop and implement a coherent strategy on lifelong learning which includes targets and encompasses initial and continuing education and training so as to increase the levels of educational attainment and participation of adults in education and training activities. Special attention should be given to the problem of early school leavers;4. pursue efforts, in partnership with the social partners, to adapt employment relations, including labour regulations, and to develop new forms of work organisation, by ensuring an appropriate balance between flexibility and security for the whole labour force;5. examine the incentives/disincentives emerging from the tax and benefit systems with a view to increase participation in the labour market and stable employment.VI. FRANCEProblems in employment performanceThe employment situation continues to improve. However, major structural problems remain.-Participation amongst the 55-64 age group remains well below the EU average (28.3% against 35.9%) and 1999 saw no change in the downward trend.-The fall in unemployment was modest and, at 11.3%, the unemployment rate is still above the EU average of 10.8%.-Taxes on labour are high.After due analysis, it appears that further efforts are required in response to the employment guidelines and recommendations concerning: older workers in active life; the reduction of fiscal pressure on labour; prevention and lifelong learning.France should therefore:(1) strengthen efforts to curb older workers' early withdrawal from working life by developing a more comprehensive approach involving the social partners.(2) pursue and evaluate policy measures designed to reduce the fiscal pressure on labour, particularly measures with an effect on unskilled and low-paid workers;(3) continue with implementation of individualised and early intervention schemes for the unemployed, and make greater use of such schemes to prevent both youth and adult unemployment;(4) pursue efforts to modernise work organisation and monitor closely the net effects of the implementation of the 35-hour week legislation; take steps to increase the efficiency of the continuous training system and to promote a comprehensive lifelong learning strategy;(5) pursue the implementation of coherent strategies, encompassing regulatory, fiscal and other measures, designed to reduce the administrative burden on companies, and evaluate the impact of on-going efforts to create new job opportunities for young people.VII. IRELANDProblems in employment performanceIreland's economic and employment performance has been exceptional. In 1999, the employment rate overtook the European Union average. Furthermore, the unemployment rate has continued to fall for all groups. These developments indicate a further tightening of the labour market. Some structural problems still exist however.-As is the case for some other Member States, avoiding labour market shortages and associated wage inflation pressures is a core problem for Ireland.-The participation rate for women remains low and the employment gender gap has only slightly improved between 1998 and 1999.-As a result of the growing labour market shortages it is important for Ireland to invest in education and training for the unemployed and employed alike. It is one of the few countries which saw an increase in the percentage of unemployed people taking part in training. At the same time, the number of employed in training remains one of the lowest in the Union.After due analysis, it appears that further efforts are required in response to the employment guidelines and recommendations concerning: the participation of women in the labour market and the development of a strategy in relation to in-company training and lifelong learning.Ireland should therefore:(1) push ahead with its comprehensive strategy aimed at increasing the proportion of women in employment, removing tax barriers and increasing child care places; and take action to reduce the gender pay gap;(2) pursue and strengthen efforts to sustain productivity growth and upgrade skills and qualifications in the workforce, through increased emphasis on in-company training and the further development of lifelong learning, including the setting of targets.VIII. ITALYProblems in employment performanceEmployment increased during 1999, principally due to the adoption of fiscal incentives and flexible working arrangements. However, these improvements leave the structural problems of the Italian labour market virtually untackled.-The low employment rate of 52.5% is some 10 percentage points below the EU average. The employment rate for older people is particularly low at 27.5%.-The female employment rate rose more sharply than the male rate, but, at 38.1 %, it is among the lowest in the EU.-Unemployment fell to 11.3% but remains 2 percentage points above the EU average. At 12.4% the unemployment rate amongst 15-24 year-olds was almost 4 percentage points higher than the EU average. Long-term unemployment improved only marginally from 7.1% of the labour force in 1998 to 6.9% in 1999, but has increased as a proportion of total unemployment.-Wide gender gaps are characteristic of the labour market - roughly 30 percentage points - and female unemployment, at 15.6%, is almost double the male unemployment rate of 8.7%.-Regional disparities remain significant with an unemployment rate of about 6.5% in the Centre-North and 22% in the South.-43.2% of the workforce has completed upper secondary level education, compared with the EU average of 42.5%, but only 6.1% of adults were involved in education or training, compared to an EU average of 8.7%.After due analysis, it appears that more efforts are required in response to the employment guidelines and recommendations concerning: the policy mix across the four pillars; taxand benefit systems; activation and prevention; gender mainstreaming and gender gaps and lifelong learning.Italy should therefore:1. address the imbalance in the policy mix across the four pillars, by effectively implementing employability policies, pursuing the modernisation of work organisation, including the regulatory framework and developing a comprehensive strategy for equal opportunities;2. continue the implementation of the reform of pension and other benefit systems in order to reduce the outflow from the labour market into pensions and other schemes; and pursue efforts to reduce the tax burden, especially on low-paid workers.3. take effective action to prevent young and adult unemployed people from drifting into long-term unemployment: full implementation of the PES reform across the country and of the Employment Information System should be speeded up to avoid further delays; and efforts to upgrade the statistical monitoring system should be continued, so that policy and output indicators are available in good time.4. pursue efforts to provide women with more and better employment opportunities, so as to narrow the wide gender gaps in employment and unemployment. Gender mainstreaming should continue.5. adopt and implement a coherent strategy on lifelong learning, including national targets; social partners should be mobilised to provide more training opportunities for the work force.IX. LUXEMBOURGProblems in employment performanceLuxembourg enjoyed good labour market conditions in 1999, supported by strong economic growth and the highest rise in the employment rate in the EU (4.8 percentage points). The unemployment rate continued to fall and remains the lowest in the EU (2.3%). Some structural problems can be identified though.-The overall national employment rate is very low despite a very good employment situation with a large number of cross-border workers. The rates are especially low for workers over 55 (26.3%) and for women (48.5%), although both figures have risen since 1998;-The employment gender gap is one of the widest in the EU, at 25.9 percentage points;-The domestic supply of qualified people is insufficient;-The proportion of the adult working population taking part in continuous education and training is still low (5.3%).After due analysis, it appears that further efforts are required in response to the employment guidelines and recommendations concerning: the social dialogue, participation of older workers and women in the labour market and life long learning.Luxembourg should therefore:1. encourage the social partners to foster a constructive dialogue, as this is indispensable for the success of the employment policies outlined in the National Action Plan;2. pursue efforts and implement measures aimed at increasing labour-market participation rates amongst older workers and women, including a review of tax and benefit systems; and take action to promote gender mainstreaming;3. continue with implementation of the framework law on continuous vocational training and work on policy development and implementation, including the setting of targets, so as to increase the participation rates in education and training.X. THE NETHERLANDSProblems in employment performanceThe Netherlands enjoyed healthy employment growth in 1999 and employment rates are clearly above the EU average. The unemployment rate continued to fall in 1999, to 3.3%, below the EU average. There are still some structural problems however.-Although long-term unemployment is falling, there are persistent problems with specific groups, especially low-skilled workers, older workers and ethnic minorities.-Large numbers of working-age people are kept out of the labour market by disability and other welfare benefits.Labour market shortages and associated wage inflation pressures are emerging. After due analysis, it appears that further efforts are required in response to the employment guidelines and recommendations concerning: the tax and benefit systems and the statistical monitoring system.The Netherlands should therefore:(1) continue to co-operate with the social partners, to reduce disincentives in the benefit system liable to discourage people from participating in the open labour market, in particular people receiving disability benefits, and generate poverty traps;(2) continue to upgrade the statistical system so that policy and output indicators are available early enough to be used for monitoring and evaluating on-going implementation of the preventive approach.XI. AUSTRIAProblems in employment performanceThe Austrian labour market's performance improved last year, when the overall employment rate reached 68.2% (59.7% for women). That figure is close to the 70% target established by the Lisbon European Council and above the EU average. Unemployment was reduced to 3.7% in 1999, with youth and long-term unemployment among the lowest in the EU. Despite the overall good performance, structural problems remain in the labour market.-The overall tax burden is above average and fiscal pressure on labour increased in the period from 1994 to 1998. The forecast reduction in non-wage labour costs of around 0.4 percentage points of GDP by 2003 is only a modest step forward.-There is still a significant gender gap in both employment and unemployment, despite the fact that the employment rate for women is higher than the EU average.-The employment rate for older workers is below the EU average figure, Unemployment amongst the over-50s remains high, at double the average rate.After due analysis, it appears that more efforts are required in response to the employment guidelines and recommendations concerning: older workers' employability, gender mainstreaming and taxation on labour.Austria should therefore:1. pursue efforts to meet its commitment to reforming early retirement schemes and other measures for older people to stay in work longer so as to achieve a significant rise in the employment rate of older workers;2. pursue a comprehensive strategy to narrow the still significant gender gap in employment, for instance through measures that help reduce the pay gap and facilitate the reconciliation of work and family life;3. do more to significantly reduce the heavy tax burden on labour, in particular by focusing on groups who face problems in the labour market.XII. PORTUGALProblems in employment performanceThe employment situation further improved in 1999, confirming the previous year's positive trend. Unemployment is among the lowest in the EU, and long-term unemployment has fallen fast. However, the labour market suffers from structural weaknesses which require action:-The average skill level in the work force is low. Only 21.2% have completed at least upper-secondary education compared to the EU average of around 60%. At 3.6%, participation in education and training is also below the EU average of 8.7% and 45% of young people aged 18-24 left school early.-The potential for creating jobs in services is considerable, as can be seen from the service-sector employment rate of 36,2%, but no coherent strategy has been developed to foster entrepreneurship.-A strong input from the social partners is needed to address the main challenges facing the Portuguese labour market, in particular the low skill level, the modernisation of work organisation and employment relations.-Gender segregation increased from 1997, and is one of the highest in terms of sectors.After due analysis, it appears that more efforts are required in response to the employment guidelines and recommendations concerning: education and training; reduction of the administrative burden on companies; the partnership approach; gender segregation and access to childcare.Portugal should therefore:1. develop and implement a comprehensive lifelong learning strategy which also addresses the problems of early school leaving, sets clear objectives and devises appropriate means. Particular attention should be devoted to the quality of education and training in order to avoid skill shortages;2. pursue efforts to reduce the administrative burden on companies, to exploit the job creation potential of the service sector and to promote the creation of medium and highly skilled jobs in the services sector;3. pursue efforts to implement a partnership approach and promote concrete commitments from social partners, in particular in the areas of modernisation of work organisation, adaptation of employment relations, including labour regulations and continuous training.4. pursue efforts to reconcile family and working life by extending childcare facilities, and examine ways to tackle sectoral gender segregation.XIII. FINLANDProblems in employment performanceWhile Finland has maintained strong economic growth over the past five years some major structural problems remain.-The overall unemployment rate is still high at 10.2%, being predominantly structural. Youth unemployment and long-term unemployment for those over 50 years old remain a major concern.-Through recent initiatives, Finland has made progress in lightening the tax burden on labour. However it remains heavier than the EU-average.-Finland faces skills shortages in several sectors (both in high and low-skilled jobs) and there is a general need to mobilise the labour force by focusing on quality active labour market policies;-Regional disparities in employment remain considerable.After due analysis, it appears further efforts are required in response to the employment guidelines and recommendations concerning: tax and benefit schemes, the tax burden on labour and occupational and sectoral segregation in the labour market.Finland should therefore:1. continue to review existing tax and benefit schemes, in order to increase incentives to work and to recruit workers, and focus life long learning policies on older people, to retain them as active members of the workforce for longer.2. pursue further recent policy initiatives aimed at reducing the tax burden on labour, with due consideration for prevailing economic and employment conditions in Finland.3. monitor and assess, in the context of a gender mainstreaming approach, the current levels of occupational and sectoral segregation in the labour market.XIV. SWEDENProblems in employment performanceSweden has one of the highest employment rates in the EU. It has recently improved its job creation performance, reducing unemployment to 7.2% in 1999. However, a number of structural problems remain in the labour market.-The tax burden on labour is still very heavy, especially for the relatively unskilled and low paid. Sweden continues to have the highest tax rates on employed labour in the EU - 52.7% in 1998 compared to the EU average of 39.2%.-A large number of working age people are dependant on benefits.-Skill shortages, particularly at regional level, have become a major factor hampering economic growth and regional development.-The current level of occupational and sectoral segregation between men and women remains an issue of concern, despite well developed equal opportunity policies.After due analysis, it appears that further efforts are required in response to the employment guidelines and recommendations concerning: the tax burden on labour, and gender mainstreaming.Sweden should therefore:1. do more, including the setting of a national target, to reduce significantly the high tax burden on labour, in particular for those with a low take-home pay from work.2. pursue further policy initiatives to further adapt the benefit and assistance schemes, so as to provide adequate incentives to take up jobs.3. monitor and assess current levels of occupational and sectoral segregation in the labour market, as part of the gender mainstreaming reforms begun in 1999.XV. UNITED KINGDOMProblems in employment performanceThe UK enjoyed healthy employment growth in 1999 and the employment rates for men and women are clearly above the EU average. The unemployment rate continued to fall in 1999, to 6.1%, below the EU average. Yet, important structural problems persist:-Inflows into long term unemployment amongst young people and adults (17% and 11% respectively) still exceed those of the best performing Member States.-Although long-term unemployment is falling, there are still persistent problems concentrated in specific groups, especially within households with no-one in work, amongst disadvantaged groups, and in a number of geographical areas. Inactivity among lone parents is still a problem.-Some sectors, particularly information technology, suffer from a skills gap. The low level of basic skills is a generalised problem in the UK.-Though diminishing, the gender pay gap remains high compared to the EU average. The gender gap in employment attributable to the impact of parenthood is also the highest in the EU, suggesting a need for sufficient and affordable childcare.-The current levels of occupational and sectoral segregation between men and women are higher than the EU average.After due analysis, it appears that further efforts are required in response to the employment guidelines and recommendations concerning: adaptability, the gender pay gap, childcare provision, a preventive strategy for the unemployed and lifelong learning.The United Kingdom should therefore:(1) improve the balance of policy implementation of the Guidelines, so as to strengthen and make more visible efforts to modernise work organisation, in particular by fostering social partnership at all appropriate levels.(2) pursue efforts to reduce the gender pay gap and take action to improve childcare provision, with a view to making it easier for men and women with parental responsibilities to take employment. Special attention should be given to the needs of lone parents.(3) reinforce active labour market policies for the adult unemployed before the 12 month point so as to increase the number of people benefiting from active measures, and supplement the support provided by the Jobseekers' Allowance Regime.(4) intensify efforts to implement initiatives on life long learning, particularly those aimed at increasing the general level of basic skills, demonstrating how access will be ensured for those groups traditionally reluctant to take up the opportunity, or unable to find suitable provision.


Recommendation for a Council opinion in accordance with the third paragraph of Art. 5 of Council Regulation (EC) No 1466/97 of 7 July 1997 on the updated stability programme of the Netherlands, 2005-2008


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 ---pagebreak---                     EUROPEAN COMMISSION
                                                     Brussels, 20.7.2010
                                                     SEC(2010) 914 final
         RECOMMENDATION FROM THE COMMISSION TO THE COUNCIL
   to authorise the Commission to open negotiations on behalf of the European Union for
   the renewal of the protocol to the Fisheries Partnership Agreement with Guinea Bissau
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 ---pagebreak---            RECOMMENDATION FROM THE COMMISSION TO THE COUNCIL
     to authorise the Commission to open negotiations on behalf of the European Union for
     the renewal of the protocol to the Fisheries Partnership Agreement with Guinea Bissau
   A.       EXPLANATORY MEMORANDUM
            The European Union and the Republic of Guinea Bissau have concluded a protocol
            to the fisheries agreement1 which was initialled by the two parties on 23 May 2007 and
            entered into force on 18 March 2008. The protocol, which grants fishing opportunities
            for the EU vessels and fixes the financial counterpart, will expire on 15 June 2011.
            The Commission proposes to negotiate a new protocol that meets the actual
            possibilities and needs of the Member States fleet and is in line with the July 2004
            Council guidelines on fisheries partnership agreements.
            The Council is asked to adopt the negotiation guidelines attached to this
            recommendation.
   B.       RECOMMENDATION
            In the light of the above, the Commission recommends that:
            – The Council authorises the Commission to open and conduct negotiations for the
                renewal of the protocol in the framework of the fisheries partnership agreement
                with the Republic of Guinea Bissau;
            – The Commission is nominated as the Union negotiator for this subject;
            – The Commission shall conduct such negotiations in consultation with the special
                committee pursuant to the provisions laid down in the Treaty on the functioning of
                the European Union;
            – The Council approves the negotiation guidelines attached to this recommendation.
   1
           Council Regulation (EC) n°241/2008 of 17 March 2008 – OJ L 75 of 18 March 2008
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 ---pagebreak---                                                 ANNEX
   Negotiation guidelines
   – The objective of the negotiations is the renewal of the protocol in the framework of the
     Fisheries Partnership Agreement between the European Union and the Republic of Guinea
     Bissau, in line with the 15 July 2004 Council conclusions on fisheries partnership
     agreements based on the Commission's communication of 23 December 2002, and giving
     consideration to the human rights situation in the country.
   – This protocol shall include a clause about consequences in cases of violation of human
     rights and democratic principles.
   – With a view to ensuring through this new protocol, the promotion of sustainable and
     responsible fisheries, the Commission's negotiation objectives will be based on the
     following:
           • Ensuring access to the exclusive economic zone (EEZ) of the Republic of Guinea
              Bissau and the necessary authorisations for the vessels of the European fleet to
              carry out fishing activities in the aforesaid EEZ;
           • Duly taking into account the best available scientific advice;
           • Ensuring that access to fisheries resources is based on the same criteria that apply
              to the current protocol and on the evolutions observed during the past few years;
           • Strengthening dialogue on sector policy with a view to encouraging the
              implementation of a responsible fisheries policy, consistent with the development
              objectives of the country, in particular with regard to monitoring, control and
              surveillance of fishing activities, fisheries resource management, and improved
              hygiene standards of fisheries products.
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