title: Recommendation for a Council Recommendation with a view to bringing an end to the situation of an excessive government deficit in Denmark

text:
   EN
EN    EN
 ---pagebreak---                   EUROPEAN COMMISSION
                                                   Brussels, 15.6.2010
                                                   SEC(2010) 744 final
                                  Recommendation for a
                           COUNCIL RECOMMENDATION
   with a view to bringing an end to the situation of an excessive government deficit in
                                        Denmark
EN                                                                                EN
 ---pagebreak---                                          Recommendation for a
                                     COUNCIL RECOMMENDATION
       with a view to bringing an end to the situation of an excessive government deficit in
                                               Denmark
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular
   Article 126(7) thereof;
   Having regard to the recommendation from the European Commission;
   Whereas:
   (1)     According to Article 126 of the Treaty Member States shall avoid excessive
           government deficits.
   (2)     The Stability and Growth Pact is based on the objective of sound government finances
           as a means of strengthening the conditions for price stability and for strong sustainable
           growth conducive to employment creation.
   (3)     The 2005 reform of the Stability and Growth Pact sought to strengthen its
           effectiveness and economic underpinnings as well as to safeguard the sustainability of
           the public finances in the long run. It aimed at ensuring that in particular the economic
           and budgetary background was taken into account fully in all steps in the EDP. In this
           way, the Stability and Growth Pact provides the framework supporting government
           policies for a prompt return to sound budgetary positions taking account of the
           economic situation.
   (4)     The Council has decided on [13 July 2010], in accordance with Article 126(6) of the
           Treaty, that an excessive deficit exists in Denmark.
   (5)     In accordance with Article 126(7) of the Treaty and Article 3 of Council Regulation
           (EC) No 1467/97 on speeding up and clarifying the implementation of the excessive
           deficit procedure1 (which is part of the Stability and Growth Pact), the Council is also
           required to make recommendations to the Member State concerned with a view to
           bringing the situation of excessive deficit to an end within a given period. The
           recommendation has to establish a deadline of six months at the most for effective
           action to be taken by the Member State concerned to correct the excessive deficit as
           well as a deadline for the correction of the excessive deficit, which should be
           completed in the year following its identification unless there are special
           circumstances. In deciding whether special circumstances exist, “relevant factors” as
           clarified in Article 2(3) of Regulation (EC) No 1467/97 should be taken into account.
   1
           OJ L 209, 2.8.1997, p. 6.
EN                                                   2                                               EN
 ---pagebreak---        Furthermore, in a recommendation to correct an excessive deficit the Council should
       request the achievement of a minimum annual improvement in the structural balance,
       i.e. the cyclically-adjusted balance excluding one-off and other temporary measures, of
       0.5% of GDP as a benchmark.
   (6) Special circumstances, which are relevant for the greater flexibility in the application
       of the EDP introduced with the 2005 reform of the Stability and Growth Pact, are
       deemed to exist in the case of Denmark. In particular, the 2009 recession reflected the
       abrupt decline in private consumption, investment, and exports as a consequence of
       the financial crisis and the global recession, in particular the slump in demand from
       the main trading partners (Germany, United Kingdom, Sweden and Norway). The
       deficit in 2010 is a consequence of both the economic downturn and the stimulus
       measures taken in line with the EERP by the Danish authorities. The existence of
       special circumstances authorises the Council to allow the correction of the excessive
       deficit in a medium-term framework.
   (7) According to the April 2010 EDP notification, the general government deficit in
       Denmark is planned to reach 5.4% of GDP in 2010 taking into account the economic
       downturn and the fiscal impact of the economic recovery plan fleshed out in the
       February 2010 update of the Convergence Programme. The Commission services'
       spring 2010 forecast projects the government deficit to widen from 2.7% of GDP in
       2009 to 5.5% of GDP in 2010, declining to 4.9% of GDP in 2011 on a no-policy
       change basis. This assumption does not take into account consolidation measures for
       2011 which were announced by the government on 25 May 2010 or measures which
       have not yet been sufficiently specified. Benefiting from budget surpluses prior to
       2009, Denmark adopted fiscal stimulus measures in line with the EERP reaching 2.2%
       of GDP in 2009 and 1.3% in 2010. The recovery measures are split between
       permanent tax cuts and temporary public investment measures.
   (8) Considering the special circumstances and the EERP framework, an average annual
       fiscal effort is recommended. The fiscal effort should take into account all factors
       relevant for achieving the fiscal policy objectives, starting with the level of the general
       government deficit and gross debt as well as other indicators, such as the current
       account position, the level of contingent liabilities of the financial sector, interest
       payments, risk premia and the expected change in age-related expenditure in the
       medium term. In calculating the average annual fiscal effort, the 2011 deficit in the
       Commission services' spring 2010 forecast is taken as the starting point. The total
       fiscal effort needed to reach the nominal deficit target of 3% by the deadline is then
       calculated by assuming a gradual closure of the output gap by 2015.
   (9) Against this background, it is appropriate to consider the correction of the excessive
       deficit in a medium-term framework with a deadline for the correction of 2013. In
       particular, in view of the absence of major economic imbalances, a credible and
       sustainable adjustment path would require the Danish authorities to implement the
       fiscal measures in 2010 as envisaged and ensure an average annual structural
       adjustment of ½% of GDP over the period 2011-2013; to specify the measures that are
       necessary to achieve the correction of the excessive deficit by 2013, cyclical
       conditions permitting, and accelerate the reduction of the deficit if economic or
       budgetary conditions turn out better than currently expected.
EN                                              3                                                  EN
 ---pagebreak---    (10) As reflected by its budgetary track record, Denmark has benefited from a relatively
        strong fiscal framework, notable for its wide coverage and the transparency and
        visibility of its fiscal rules. General government consumption expenditure has,
        however, been prone to exceeding targets. Recent initiatives involving economic
        sanctions could enhance incentives for municipalities to adhere to agreed targets.
        Since 2002 the Danish tax policy has been centred on the tax-freeze, whereby no
        indirect or direct taxes can be raised. The tax-freeze has not stood in the way of a
        major tax reform in 2009, but strict observance of the tax-freeze may render further
        adjustments difficult.
   (11) According to data notified by the Danish authorities in April 2010, general
        government gross debt was 41.6% of GDP in 2009 and set to increase to 45.1% of
        GDP in 2010. According to the Commission services' 2010 spring forecast on a no-
        policy-change assumption, the debt level is expected to increase to 46% of GDP in
        2010 and further to 49.5% of GDP in 2011, which is still below the 60% reference
        value.
   (12) Enhanced surveillance under the EDP will require regular and timely monitoring of
        the progress made in the implementation of the fiscal consolidation strategy. In this
        context, a separate chapter in the forthcoming updates of the Danish convergence
        programme could usefully be devoted to this issue.
   (13) In general, in the view of the Council, budgetary consolidation measures should secure
        a lasting improvement in the general government balance, while being geared towards
        enhancing the quality of the public finances and reinforcing the growth potential of the
        economy.
   HAS ADOPTED THIS RECOMMENDATION:
   (1)  Recognising that Denmark's budgetary position in 2010 resulted from measures
        amounting to 2.2% of GDP in 2009 and 1.3% in 2010, which is an adequate response
        to the downturn and were in line with the European Economic Recovery Plan
        principles, as well as from the free play of automatic stabilisers, the Danish authorities
        should put an end to the present excessive deficit situation as rapidly as possible and at
        the latest by 2013.
   (2)  The Danish authorities should bring the general government deficit below 3% of GDP
        in a credible and sustainable manner by taking action in a medium-term framework.
        Specifically, to this end, the Danish authorities should:
        (a)      implement the fiscal measures in 2010 as envisaged in the latest update of the
                 convergence programme and start consolidation in 2011 in order to bring the
                 deficit below the reference value by 2013;
        (b)      ensure an average annual fiscal effort of at least ½% of GDP over the period
                 2011-2013;
        (c)      specify and rigorously implement the measures that are necessary to achieve
                 the correction of the excessive deficit by 2013, cyclical conditions permitting,
                 and accelerate the reduction of the deficit if economic or budgetary conditions
                 turn out better than currently expected.
EN                                                4                                                EN
 ---pagebreak---    (3)    The Council establishes the deadline of [13 January 2011] for the Danish government
          to take effective action to and to specify the measures that will be necessary to
          progress towards the correction of the excessive deficit. The assessment of effective
          action will take into account economic developments compared with the economic
          outlook in the Commission services' spring 2010 forecast.
   The Danish authorities should report on progress made in the implementation of these
   recommendations in a separate chapter in the forthcoming updates of the convergence
   programmes until the abrogation of the excessive deficit procedure.
   In addition, the Council highlights the importance of achieving the medium-term objective
   (MTO) for appropriate budgetary management of economic downturns. It therefore invites the
   Danish authorities to ensure that budgetary consolidation towards the medium-term objective
   for the budgetary position – structural balanced budget by 2015 – is sustained after the
   excessive deficit will have been corrected.
   This recommendation is addressed to The Kingdom of Denmark
   Done at Brussels, 15.6.2010
                                               For the Council
                                               The President
EN                                               5                                              EN


Important legal notice

|

52007PC0213

Recommendation for a Council Decision concerning the accession of Bulgaria and Romania to the Convention of 29 May 2000, established by the Council in accordance with Article 34 of the Treaty on European Union, on Mutual Assistance in Criminal Matters between the Member States of the European Union  /* COM/2007/0213 final - CNS 2007/0080 */

	[pic] | COMMISSION OF THE EUROPEAN COMMUNITIES |Brussels, 25.4.2007COM(2007) 213 final2007/0080 (CNS)Recommendation for aCOUNCIL DECISIONconcerning the accession of Bulgaria and Romania to the Convention of 29 May 2000, established by the Council in accordance with Article 34 of the Treaty on European Union, on Mutual Assistance in Criminal Matters between the Member States of the European Union(presented by the Commission)EXPLANATORY MEMORANDUMThe 2005 Act of accession of Bulgaria and Romania[1] has introduced a simplified system for the accession of Bulgaria and Romania to the conventions (and protocols) concluded by the Member States on the basis of Art. 34 TEU (previously Art. K.3 TEU) or Art. 293 EC. It is indeed not anymore necessary, as in the past, to negotiate and conclude specific accession protocols to these conventions (which would have implied ratification by 27 States): Article 3(3) of the Act provides simply that Bulgaria and Romania accede to these conventions and protocols by virtue of the Act of Accession.Article 3(3) and 3(4) of the Act of Accession provide that, to that effect, the Council shall adopt a decision in order to determine the date on which these conventions shall enter into force for Bulgaria and Romania and to make all the necessary adjustments to these conventions required by reason of the accession of the two new Member States (which would include, in any event, the adoption of the conventions in the Bulgarian and Romanian languages, so that these versions can be "equally authentic"). The Council shall act on a recommendation of the Commission, after consulting the European Parliament.Annex I to the Act of Accession gives the list of the seven conventions and protocols concerned in the Justice and Home Affairs area.The list includes the Convention of 29 May 2000, established by the Council in accordance with Article 34 of the Treaty on European Union, on Mutual Assistance in Criminal Matters between the Member States of the European Union and its Protocol of 16 October 2001, established by the Council in accordance with Article 34 of the Treaty on European Union, to the Convention on Mutual Assistance in Criminal Matters between the Member States of the European UnionThis Commission Recommendation for a Council Decision is intended to make the adjustments required by reason of the accession of Bulgaria and Romania to the aforementioned Convention and its Protocol, in accordance with Article 3(4) of the Act of Accession.2007/0080 (CNS)Recommendation for aCOUNCIL DECISIONconcerning the accession of Bulgaria and Romania to the Convention of 29 May 2000, established by the Council in accordance with Article 34 of the Treaty on European Union, on Mutual Assistance in Criminal Matters between the Member States of the European UnionTHE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty on European Union,Having regard to the Treaty of Accession of Bulgaria and Romania,Having regard to the Act of Accession of Bulgaria and Romania (hereinafter referred to as the "Act of Accession"), and in particular Article 3(4) thereof,Having regard to the recommendation from the Commission[2],Having regard to the opinion of the European Parliament[3],Whereas:1.  The Convention established by the Council in accordance with Article 34 of the Treaty on European Union, on Mutual Assistance in Criminal Matters between the Member States of the European Union[4] (hereinafter referred to as the “Mutual Assistance Convention”) was signed at Brussels on 29 May 2000 and entered into force on 23 August 2005.2.  The Mutual Assistance Convention was complemented by the Protocol of 16 October 2001, established by the Council in accordance with Article 34 of the Treaty on European Union to the Convention on Mutual Assistance in Criminal Matters between the Member States of the European Union[5] (hereinafter referred to as the " Mutual Assistance Protocol"), which entered into force on 5 October 2005.3.  Article 3(3) of the Act of Accession provides that Bulgaria and Romania accede to the conventions and protocols concluded between the Member States, listed in Annex I to the Act of Accession, which comprises, inter alia , the Mutual Assistance Convention and the Mutual Assistance Protocol. They are to enter into force in relation to Bulgaria and Romania on the date determined by the Council.4.  In accordance with Article 3(4) of the Act of Accession the Council is to make all adjustments required by reason of accession to those conventions and protocols,HAS DECIDED AS FOLLOWS:Article 1The Mutual Assistance Convention shall enter into force on the first day of the first month following the date of adoption of this decision between Bulgaria, Romania and the Member States for which the Convention is in force at that date. It shall enter into force between Bulgaria or Romania and each of the other Member States on the day the Mutual Assistance Convention enters into force for the other Member State concerned.The Mutual Assistance Protocol shall enter into force on the first day of the first month following the date of adoption of this decision between Bulgaria, Romania and the Member States for which the Protocol is in force at that date. It shall enter into force between Bulgaria or Romania and each of the other Member States on the day the Mutual Assistance Protocol enters into force for the other Member State concerned.Article 2The Mutual Assistance Convention, as complemented by the Mutual Assistance Protocol, drawn up in the Bulgarian and Romanian languages and annexed to this Decision, shall be authentic under the same conditions as the other texts of the Mutual Assistance Convention and the Mutual Assistance Protocol.Article 3This Decision shall take ef fect on the day following that of its publication in the Official Journal of the European Union .Done at Brussels, […]For the CouncilThe PresidentANNEX Text of the Convention of 29 May 2000, established by the Council in accordance with Article 34 of the Treaty on European Union, on Mutual Assistance in Criminal Matters between the Member States of the European Union and the Protocol of 16 October 2001, established by the Council in accordance with Article 34 of the Treaty on European Union to the Convention on Mutual Assistance in Criminal Matters between the Member States of the European Union, in the Bulgarian and Romanian languages.[1] OJ 2005, L 157, p. 203.[2] OJ C […], […], p. […].[3] OJ C […], […], p. […].[4] OJ C 197, 12.7.2000, p. 3.[5] OJ C 326, 21.11.2001, p. 2.


title: Recommendation of the EFTA Surveillance Authority No 119/07/COL of 16 April 2007 on the monitoring of background levels of dioxins, dioxin-like PCBs and non-dioxin-like PCBs in foodstuffs

text:
               16.10.2008

               EN

               Official Journal of the European Union

               L 275/65

      RECOMMENDATION OF THE EFTA SURVEILLANCE AUTHORITY

   No 119/07/COL
   of 16 April 2007
   on the monitoring of background levels of dioxins, dioxin-like PCBs and non-dioxin-like PCBs in foodstuffs
   THE EFTA SURVEILLANCE AUTHORITY,
   HAVING REGARD to the Agreement on the European Economic Area (hereinafter referred to as the EEA Agreement), in particular Article 109 and Protocol 1 thereof,
   HAVING REGARD to the Agreement between the EFTA States on the Establishment of a Surveillance Authority and a Court of Justice, in particular Article 5(2)(b) and Protocol 1 thereof,
   HAVING REGARD to the Act referred to at Point 54zn a of Chapter XII of Annex II to the EEA Agreement,

      Commission Regulation (EC) No 466/2001 of 8 March 2001 setting maximum levels for certain contaminants in foodstuffs
       (1),
   as amended and as adapted to the EEA Agreement by Protocol 1 thereto,
   HAVING REGARD to the Act referred to at Point 54zzc of Chapter XII of Annex II to the EEA Agreement,

      Commission Directive 2002/69/EC of 26 July 2002 laying down the sampling methods and the methods of analysis for the official control of dioxins and the determination of dioxin-like PCBs in foodstuffs
       (2),
   as amended and as adapted to the EEA Agreement by Protocol 1 thereto,
   HAVING REGARD to the EFTA Surveillance Authority Decision 37/07/COL of 27 February 2007, whereby the competent College Member is instructed to adopt the Recommendation if the draft Recommendation is in accordance with the opinion of the EFTA Foodstuffs Committee (EFC),
   WHEREAS Commission Regulation (EC) No 466/2001 establishes maximum levels for dioxins and for the sum of dioxins and dioxin-like Polychlorinated Biphenyls (PCBs) in foodstuffs,
   WHEREAS it is necessary to generate reliable data across the European Economic Area on the presence of dioxins, furans and dioxin-like PCBs in the widest range of foodstuffs in order to have a clear picture of the time trends in background presence of these substances in foodstuffs,
   WHEREAS the EFTA Surveillance Authority Recommendation 144/06/COL of 11 May 2006 on the reduction of the presence of dioxins, furans and PCBs in feedingstuffs and foodstuffs recommends that EFTA States perform random monitoring of the presence of dioxins, dioxin-like PCBs and, if possible, non-dioxin-like PCBs in foodstuffs according to Commission Recommendation 2004/705/EC (3),
   WHEREAS Recommendation 2004/705/EC recommends to the Member States minimum frequency of samples to be analysed yearly for the different categories of foodstuffs as well the format of reporting of the results for the monitoring of the background presence of dioxins, furans and dioxin-like PCBs in foodstuffs,
   WHEREAS it is appropriate to amend the current monitoring programme laid down in Recommendation 2004/705/EC by taking into account the experiences gained and that the EEA EFTA States participate in the investigation into levels dioxins, dioxin-like PCBs and non-dioxin-like PCBs in foodstuffs,
   WHEREAS it is important that data gathered under this Recommendation are reported on a regular basis to the EFTA Surveillance Authority and that, in accordance with Article 2(1) of Protocol 1 of the Surveillance and Court Agreement, the EFTA Surveillance Authority passes on that information to the European Commission, which will ensure the compilation of those data into a database. Data from recent years obtained by making use of a method of analysis complying with the requirements laid down in Commission Directive 2002/69/EC should also be provided,
   WHEREAS the measures provided for in this Recommendation are in accordance with the opinion of the EFTA Foodstuffs Committee assisting the EFTA Surveillance Authority,
   HEREBY RECOMMENDS THE EFTA STATES:

               1.

               To perform from the year 2007 onwards until 31 December 2008 the monitoring of the background presence of dioxins, furans and dioxin-like polychlorinated biphenyls (PCBs) in foodstuffs using the recommended minimum frequency of samples to be analysed yearly, as foreseen in the table of Annex I as guidance.

               2.

               If possible, to also perform the analysis of non dioxin-like PCBs in the same samples.

               3.

               To provide on a regular basis to the EFTA Surveillance Authority the monitoring data with the information and in the format as foreseen in Annex II for compilation into one database. Data from recent years obtained by making use of a method of analysis complying with the requirements, laid down by Directive 2002/69/EC and reflecting background levels, should also be provided.

               4.

               References to Recommendation 2004/705/EC in the EFTA Surveillance Authority Recommendation 144/06/COL of 11 May 2006 shall be construed as references to this Recommendation.

      Done at Brussels, 16 April 2007.

            For the EFTA Surveillance Authority

         Kristján Andri STEFÁNSSON

            College Member

         Niels FENGER

            Director

      (1)  OJ L 77, 16.3.2001, p. 1.

      (2)  OJ L 209, 6.8.2002, p. 5.

      (3)  OJ L 321, 22.10.2004, p. 45.

      ANNEX I
      Table:
      Overview of the recommended minimum number of food samples to analyse yearly. Distribution of samples is based on production in each country. Particular attention is paid to foodstuffs expected to have a large variation in background levels of dioxins, furans and dioxin-like PCBs. This is particularly the case for fish.

                  Product, including also derived products

                  Aquaculture
                  (*)

                  Wild caught fish
                  (**)

                  Meat
                  (***)

                  Milk
                  (****)

                  Eggs
                  (*****)

                  Other
                  (******)

                  Total

                  No of samples

                  Norway

                  Iceland

            Remarks on the Table
      The figures mentioned in the table are minimum figures. EEA EFTA States are invited to take more samples.
      (*)   Aquaculture: The samples for aquaculture should be divided over the fish species proportionate to the production.
      (**)   Wild caught fish: The samples for wild caught fish should be divided over the fish species proportionate to the catch. Special attention should be paid to wild caught eel.
      (***)   Meat: In addition to meat and meat products originating from beef cattle, pigs, poultry and sheep, significant number of samples should be taken from horsemeat, reindeer meat, goat meat, rabbit meat, venison and game.
      (****)   Milk: A large proportion of the milk samples should be taken from farm milk (mainly cow’s milk). It is also appropriate to take samples of milk and milk products other than cow’s milk (goat milk, etc …).
      (*****)   Eggs: Particular attention should be paid to free-range hen eggs and eggs of ducks, geese and quails should also be sampled.
      (******)   Other: In this category particular attention should be paid to:
      food supplements (particular those ones based on marine oil),
      food for infants and young children,
      food products originating from regions where due to e.g. climatic conditions resulting in floods, changes have happened in the production conditions which could possibly affect the dioxin and dioxin-like PCB concentration of the food products in the region.

      ANNEX II
      A.   Explanatory notes to the form for analytical results of dioxins, furans and dioxin-like PCBs and other PCBs in food
      1.   General information about the samples analysed
      Sample code: identification code of the sample.
      Country: name of the Member State where the monitoring has been carried out.
      Year: the year the monitoring was carried out.
      Product: food item analysed — describe the food item as precisely as possible.
      Stage of marketing: place where the product (sample) was collected.
      Tissue: part of product analysed.
      Expression of results: The results are to be expressed on the basis on which the maximum levels have been established. In case of the analysis of non-dioxin-like PCBs, it is highly recommended to express the levels on the same basis.
      Type of sampling: random sampling — analytical results from targeted sampling can also be reported but it must be clearly indicated that the sampling was targeted and does not necessarily reflect normal background levels.
      Number of subsamples: if the analysed sample is a pooled sample, the number of subsamples (number of individuals) should be notified. If the analytical result is just based on one sample, one should be notified. Number of subsamples in a pooled sample could vary, so please specify this for every sample.
      Method of production: conventional/organic (as detailed as possible).
      Area: insofar relevant, district or region where the sample was collected, if possible with indication if it concerns rural area, urban area, industrial zone, harbour, open sea, etc., e.g. Brussels — urban area, Mediterranean — open sea. It is of particular importance to clearly indicate the area in case the sample has been collected from food produced in regions which have been flooded.
      Fat content (%): the percentage of fat content in the sample.
      Moisture content (%): the percentage of moisture content in the sample (if available).
      2.   General information on the method of analysis used
      Method of analysis: refer to the method used.
      Accreditation status: specify if the analytical method is accredited or not.
      Uncertainty: the decision limit or the percentage of the expanded measurement uncertainty embodied in the analytical method.
      Lipid extraction method: specify the lipid extraction method used to determine the fat content of the sample.
      3.   Analytical results
      Dioxins, furans, dioxin-like PCBs: results of every congener should be reported in ppt — picogram/gram (pg/g).
      Non-dioxin-like PCBs: results of every congener should be reported in ppb — nanogram/gram or microgram/kilo (ng/g or μg/kg).
      LOQ: Limit of quantification in pg/g (for dioxins, furans and dioxin-like PCBs) or μg/kg — ng/g (for non-dioxinlike PCBs).
      For congeners determined but being below LOQ (limit of quantification) the case should be filled in as < LOQ (the LOQ should be reported as a value).
      For PCB congeners analysed in addition to the PCB-6 and dioxin-like PCBs the number of the PCB congener needs to be added to the form, e.g. 31, 99, 110, etc. If the sample is analysed for more PCB congeners than there are marked rows, just add new rows at the bottom of the form.
      4.   General remarks to the table

                  —

                  Reporting of the recovery rate
                  The reporting of the recovery rate is optional if the recovery rate for the individual congeners falls within the range of 60-120 %. In case the recovery rate for some individual congeners falls outside that range, the reporting of the recovery rate is obligatory.

                  —

                  Reporting of the LOQ
                  The reporting of the LOQ is not required but in the column of results, the non-quantified congeners have to be reported as < LOQ (effective figure).

                  —

                  Reporting of the TEQ value for individual congeners
                  The column for TEQ values for the individual congeners is optional.

      ANNEX III
      B.   Form for reporting of congener-specific analytical results of dioxins, furans, dioxin-like PCBs and other PCBs in food


Avis juridique important

|

31996H0209

96/209/EC: Council Recommendation of 11 March 1996 concerning the discharge to be given to the Commission in respect of the implementation of the operations of the European Development Fund (1984) (Sixth EDF) for the financial year 1994

Official Journal L 068 , 19/03/1996 P. 0030 - 0030

COUNCIL RECOMMENDATION of 11 March 1996 concerning the discharge to be given to the Commission in respect of the implementation of the operations of the European Development Fund (1984) (Sixth EDF) for the financial year 1994 (96/209/EC)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 206 thereof,Having regard to the Third ACP-EEC Convention, signed at Lomé on 8 December 1984,Having regard to Council Decision 86/283/EEC of 30 June 1986 on the association of the overseas countries and territories with the European Economic Community (1),Having regard to the Internal Agreement on the financing and administration of Community aid (2), signed in Brussels on 19 February 1985, as amended by Decision 86/281/EEC (3), and in particular Article 29 (3) thereof,Having regard to the Financial Regulation of 11 November 1986 applicable to the Sixth European Development Fund (4), and in particular Articles 66 to 73 thereof,Having examined the revenue and expenditure account and the balance sheet relating to the operations of the European Development Fund (1984) (Sixth EDF) as at 31 December 1994 and the Court of Auditors' report relating to the financial year 1994 together with the Commission's replies (5),Whereas, pursuant to Article 29 (3) of the Internal Agreement, the discharge for the management of the European Development Fund (1984) (Sixth EDF) must be given to the Commission by the European Parliament on a recommendation from the Council;Whereas the overall implementation by the Commission of the operations of the European Development Fund (1984) (Sixth EDF) during the financial year 1994 has been satisfactory,HEREBY RECOMMENDS that the European Parliament give the Commission a discharge in respect of the implementation of the operations of the European Development Fund (1984) (Sixth EDF) for the financial year 1994.Done at Brussels, 11 March 1996.For the CouncilThe PresidentL. DINI(1) OJ No L 175, 1. 7. 1986, p. 1.(2) OJ No L 86, 31. 3. 1986, p. 210.(3) OJ No L 178, 2. 7. 1986, p. 13.(4) OJ No L 325, 20. 11. 1996, p. 42.(5) OJ No C 303. 14. 11. 1995, pp. 252 to 293.


title: EU Special Representative for Human Rights European Parliament recommendation to the Council of 13 June 2012 on the EU Special Representative for Human Rights (2012/2088(INI))

text:
               15.11.2013

               EN

               Official Journal of the European Union

               CE 332/114

         Wednesday 13 June 2012EU Special Representative for Human Rights
   P7_TA(2012)0250
   European Parliament recommendation to the Council of 13 June 2012 on the EU Special Representative for Human Rights (2012/2088(INI))
   2013/C 332 E/24

      The European Parliament,

               —

               having regard to Articles 2, 3, 6, 21, 31, 33 and 36 of the Treaty on European Union (TEU),

               —

               having regard to the Charter of Fundamental Rights of the European Union,

               —

               having regard to its resolution of 16 December 2010 on the Annual Report on Human Rights in the World 2009 and the European Union’s policy on the matter (1),

               —

               having regard to its resolution of 18 April 2012 on the Annual Report on Human Rights in the World and the European Union’s policy on the matter, including implications for the EU’s strategic human rights policy (2),

               —

               having regard to the Joint Communication of the High Representative of the Union for Foreign Affairs and Security Policy and the European Commission to the European Parliament and the Council of 12 December 2011 entitled ‘Human rights and democracy at the heart of EU external action – Towards a more effective approach’ (COM(2011)0886),

               —

               having regard to the Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions entitled ‘Delivering an area of freedom, security and justice for Europe’s citizens – Action plan implementing the Stockholm Programme’ (COM(2010)0171),

               —

               having regard to the European Union’s Guidelines on Human Rights and International Humanitarian Law (3),

               —

               having regard to the accession of the European Union to the Convention for the Protection of Human Rights and Fundamental Freedoms,

               —

               having regard to the declaration by the High Representative of the Union for Foreign Affairs and Security Policy on political accountability (4),

               —

               having regard to Rule 97 of its Rules of Procedure,

               —

               having regard to the recommendation of the Committee on Foreign Affairs (A7-0174/2012),

               A.

               whereas Article 21 of the Treaty on European Union reaffirms the EU’s commitment to promoting human rights and democracy in all its external actions while guaranteeing coherence and consistency across these areas and between its external action and its other policies;

               B.

               whereas Article 33 of the TEU provides the legal basis for the appointment of the EU Special Representative (EUSR) for Human Rights, namely: ‘The Council may, on a proposal from the High Representative of the Union for Foreign Affairs and Security Policy, appoint a special representative with a mandate in relation to particular policy issues. The special representative shall carry out his mandate under the authority of the High Representative’;

               C.

               whereas the European Parliament has repeatedly called for the appointment of an EU Special Representative for Human Rights (EUSR for HR), as set out in its above-mentioned resolutions of 16 December 2010 and of 18 April 2012;

               D.

               whereas the EUSR for HR should strengthen the visibility and coherence of the EU’s Human Rights Policy as a fundamental part of its Common Foreign and Security Policy (CFSP) and contribute to raising the EU’s human rights profile worldwide;

               1.

               Addresses the following recommendations to the Council:

                           (a)

                           while the appointment of the EUSR for HR and the establishment of his/her mandate is formally a Council decision based on a proposal by the EU High Representative, the EUSR for HR should act and speak on behalf of the Union, reflecting the shared and indivisible responsibility of all EU institutions and Member States to protect and promote human rights worldwide; the appointment of the first ever thematic EUSR should enhance the visibility, effectiveness, coherence and accountability of the EU’s human rights policy; in particular, the European Parliament should play its appropriate role in the appointment procedure and the oversight of the mandate during its entire term;

                           (b)

                           in order to strengthen the transparency and accountability of the mandate of the EUSR, an exchange of views/hearing with the EUSR for HR nominated by the High Representative should take place in the relevant committee of the European Parliament;

                           (c)

                           the implementation of the mandate and its consistency with other contributions from the Union in this domain should be kept under regular review; the EUSR should provide the Council, the High Representative, Parliament and the Commission with an annual progress report and a comprehensive implementation report on the mandate at the end thereof;

                           (d)

                           the policy objectives of the EUSR for HR should include enhancing the coherence, effectiveness and visibility of EU action in the protection and promotion of human rights and democracy; the EUSR HR should work in close cooperation with the Council Working Group on Human Rights (COHOM); the EUSR for HR should be a high-level interlocutor for his/her counterparts in third countries and at international organisations, also able to engage with the UN (UNGA, UNHRC, etc.) as well as relevant regional organisations; the EUSR for HR should chair high-level human rights dialogues and lead the consultations with third countries on human rights issues;

                           (e)

                           in order to achieve these objectives, the EUSR, while acting under the authority of the High Representative, should be granted a strong, independent and flexible mandate not defined by narrow and specific thematic responsibilities but rather allowing the EUSR to act swiftly and effectively; in line with the actions and priorities set out in the Action Plan, the EUSR for HR should also address different horizontal issues contributing to more effective and coherent action in EU external policies; the scope of the EUSR’s mandate should be fully in line with the principles of universality and indivisibility of human rights and fundamental freedoms and with the policy objectives laid down in Article 21 of the TEU, and should cover the strengthening of democracy, the rule of law and institution building, international justice and international humanitarian law; the mandate should include, inter alia, abolition of the death penalty, human rights defenders, the fight against impunity, the fight against torture, freedom of expression (including on the internet), of association, of assembly, of religion and of belief, minority rights, child protection, women’s rights, peace and security, gender issues, and the fight against discrimination in all its forms, whether based on disability, racial or ethnic origin, gender, sexual orientation or gender identity;

                           (f)

                           the mandate should be based on the principles guiding the EU’s HR policy and, in particular, on the EU guidelines on the death penalty (2008); torture and other cruel, inhuman or degrading treatment or punishment (2008); human rights dialogues with third countries (2009); children and armed conflict (2008); human rights defenders (2008); promotion and protection of the rights of the child (2008); violence against women and girls and combating all forms of discrimination against them (2008); international humanitarian law (2009), the LGBT toolkit (2010) as well as the EU’s annual reports on human rights in the world; moreover, the mandate should include supporting the High Representative and the EU institutions in the promotion of the UN Guiding Principles on Business and Human Rights;

                           (g)

                           the EUSR for HR should have the necessary professional qualifications, extensive experience and proven track record in the field of human rights, as well as personal and professional integrity and an international reputation;

                           (h)

                           the EUSR for HR should be appointed for 2,5 years; in order to ensure continuity, coherence and democratic accountability, the mandate should be renewable and the Parliament should be properly consulted in a timely manner during the renewal process;

                           (i)

                           the EUSR for HR should work closely with the High Representative of the Union for Foreign Affairs and Security Policy and the President of the European Parliament to ensure coherence and mainstreaming of human rights across all policy areas in the work of all EU institutions; the EUSR should interact closely with the EEAS Human Rights and Democracy Directorate and all the multilateral EU delegations (New York, Geneva, Vienna, Strasbourg), as well as with all EU delegations in the world, in order to facilitate contacts on human rights issues with all EU services, EU delegations in third countries and international organisations; the EEAS Human Rights and Democracy Directorate should provide all necessary services and facilitate the implementation of the EUSR’s mandate;

                           (j)

                           while maintaining close links with the Council’s Political and Security Committee, the EUSR for HR should regularly report to the relevant committee of the European Parliament on the situation of human rights in the world and the state of play of the implementation of the mandate, including the results of the UNHRC and UNGA sessions and human rights dialogues with third countries and the implementation of Human Rights Country Strategies;

                           (k)

                           the EUSR for HR, while implementing his/her mandate, should cooperate with representatives of local, regional and national civil society, NGOs, experts, and regional and international organisations acting in the field of protection of human rights and democracy;

                           (l)

                           the EUSR for HR should be provided with adequate financial and human resources in order to guarantee the effective work of the Special Representative and his/her team; the budget of the EUSR for HR should be reviewed annually;

                           (m)

                           the EUSR for HR should be responsible for constituting a team, covering the necessary policy expertise in line with, and acting in the interest of, his/her mandate; in view of the scope and cross-sectoral nature of the mandate, it is important to assign sufficient staff to work under the direct supervision of the EUSR for HR; the team may include seconded staff from Member States and EU institutions, reflecting also the need to ensure coherence and the mainstreaming of human rights across the activities of all EU institutions and Member States;

                           (n)

                           a reference to this recommendation should be included in the mandate of the EUSR for HR;

               2.

               Instructs its President to forward this recommendation to the Council, the High Representative of the Union for Foreign Affairs and Security Policy and, for information, the Commission.

      (1)  Texts adopted, P7_TA(2010)0489.

      (2)  Texts adopted, P7_TA(2012)0126.

      (3)  http://www.eeas.europa.eu/human_rights/docs/guidelines_en.pdf

      (4)  OJ C 351 E, 2.12.2011, p. 470.


title: Recommendation of the European Central Bank of  13 April 2006  to the Council of the European Union on the external auditors of the Banque de France (ECB/2006/5)

text:
               26.4.2006

               EN

               Official Journal of the European Union

               C 98/25

      RECOMMENDATION OF THE EUROPEAN CENTRAL BANK

   of 13 April 2006
   to the Council of the European Union on the external auditors of the Banque de France
   (ECB/2006/5)
   (2006/C 98/08)
   THE GOVERNING COUNCIL OF THE EUROPEAN CENTRAL BANK,
   Having regard to the Statute of the European System of Central Banks and of the European Central Bank, and in particular Article 27.1 thereof,
   Whereas:

               (1)

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

               (2)

               Pursuant to Article L.142-6 of the Monetary and Financial Code the General Council of the Banque de France appoints two statutory auditors entrusted with auditing the accounts of the Banque de France. Pursuant to Article L.823-1 of the Commercial Code, a deputy auditor is appointed to replace the incumbent auditors in the event of their refusal, unavailability, resignation or death.

               (3)

               The mandates of the current external auditors of the Banque de France will end after the audit for the financial year 2005. It is therefore necessary to appoint external auditors from the financial year 2006.

               (4)

               The Banque de France has selected Deloitte & Associés and Mazars & Guerard as its external auditors and KPMG S.A. as its deputy auditor for the financial years 2006 to 2011 in accordance with its public procurement rules, and the ECB considers that they fulfil the necessary requirements for appointment,

         HAS ADOPTED THIS RECOMMENDATION:

               1.

               It is recommended that Deloitte & Associés and Mazars & Guerard should be appointed jointly as the external auditors of the Banque de France for the financial years 2006 to 2011.

               2.

               It is recommended that KPMG S.A. should be appointed as the deputy auditor of the Banque de France for the financial years 2006 to 2011.

      Done at Frankfurt am Main, 13 April 2006.

            The President of the ECB

         Jean-Claude TRICHET


title: Council Recommendation of 10 July 2012 on the National Reform Programme 2012 of Romania and delivering a Council opinion on the Convergence Programme of Romania, 2012-15

text:
               24.7.2012

               EN

               Official Journal of the European Union

               C 219/72

         COUNCIL RECOMMENDATION
   of 10 July 2012
   on the National Reform Programme 2012 of Romania and delivering a Council opinion on the Convergence Programme of Romania, 2012-15
   2012/C 219/21
   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 the recommendation of the European Commission,
   Having regard to the conclusions of the European Council,
   Having regard to the opinion of the Employment Committee,
   After consulting the Economic and Financial Committee,
   Whereas:

               (1)

               On 26 March 2010, the European Council agreed to the Commission’s proposal to launch a new strategy for jobs and growth, Europe 2020, based on enhanced coordination of economic policies, which focuses on the key areas where action is needed to boost Europe’s potential for sustainable growth and competitiveness.

               (2)

               On 13 July 2010, the Council adopted a recommendation on the broad guidelines for the economic policies of the Member States and the Union (2010 to 2014) and, on 21 October 2010, adopted a decision on guidelines for the employment policies of the Member States (2), which together form the ‘integrated guidelines’. Member States were invited to take the integrated guidelines into account in their national economic and employment policies.

               (3)

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

               (4)

               On 23 November 2011, the Commission adopted the second Annual Growth Survey, marking the start of the second European semester of ex ante and integrated policy coordination, which is anchored in the Europe 2020 strategy.

               (5)

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

               (6)

               On 2 March 2012, the European Council endorsed the priorities for ensuring financial stability, fiscal consolidation and action to foster growth. It underscored the need to pursue differentiated, growth-friendly fiscal consolidation, to restore normal lending conditions to the economy, to promote growth and competitiveness, to tackle unemployment and the social consequences of the crisis, and to modernise public administration.

               (7)

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

               (8)

               On 23 April 2012, Romania submitted its 2012 National Reform Programme and, on 11 May 2012, its Convergence Programme covering the period 2012-15.

               (9)

               On 6 May 2009, the Council adopted Decision 2009/459/EC (4) to make available to Romania medium-term financial assistance for a period of three years under Article 143 of the Treaty. The accompanying Memorandum of Understanding signed on 23 June 2009 and its successive supplements lay down the economic policy conditions on the basis of which the financial assistance was disbursed. Decision 2009/459/EC was amended on 16 March 2010 by Decision 2010/183/EU (5). Following Romania’s successful implementation of the Medium-term Financial Assistance Programme, and given an important but partial adjustment of the current account because of remaining structural weaknesses in Romania’s product and labour markets which make the country sensitive to international price shocks, on 12 May 2011 the Council adopted Decision 2011/288/EU (6) to make precautionary medium-term financial assistance available to Romania for a period of three years under Article 143 of the Treaty. The accompanying Memorandum of Understanding was signed on 29 June 2011 and the first supplement to it on 27 December 2011.

               (10)

               The second formal review of the Medium-term Financial Assistance Programme that took place in late April-early May 2012 established that Romania’s implementation of that Programme remains on track. The cash fiscal deficit target for 2011 was met, while the European System of Accounts (ESA) target would have been met had there not been a sizeable one-off measure linked to court decisions obliging the Government to pay compensation to certain categories of employees. The 2012 budget remains on track to achieve a deficit below 3 % of GDP in ESA terms. The Romanian banking sector has remained resilient, in spite of the ongoing deterioration in asset quality, which has continued weighing on banking sector profitability. The conditionality set out in the Medium-term Financial Assistance Programme for the financial sector was met, albeit with some delays in certain cases. Progress in key structural reform areas, such as energy and transport and EU funds absorption, has been uneven.

               (11)

               After two years of decline, the real GDP of Romania grew in 2011 by 2½ %. For 2012 growth is expected to decelerate to 1,4 %. Domestic demand is forecast to be the major driver of growth. Public investment, supported by improving EU funds absorption, is expected to play a key role in 2012.

               (12)

               Based on the assessment of the Convergence Programme pursuant to Regulation (EC) No 1466/97, the Council is of the opinion that the macroeconomic scenario underpinning the budgetary projections in that Programme is plausible. The objective of the budgetary strategy outlined in the Convergence Programme is to reach a budget deficit below 3 % of GDP in 2012, in line with the Council recommendations to Romania under the excessive deficit procedure. Thereafter, it aims at achieving a medium-term budgetary objective (MTO) defined as a deficit of 0,7 % of GDP in structural terms. The MTO adequately reflects the requirements of the Stability and Growth Pact. Following the planned correction of the excessive deficit in 2012, the deficit is expected to decrease further to 2,2 % of GDP in 2013, to 1,2 % of GDP in 2014 and to 0,9 % of GDP in 2015. Based on the (recalculated) structural budget balance (7), this implies an improvement in the deficit by 1,5 % in 2012, 0,5 % in 2013 and 0,7 % in 2014, in line with the 0,5 % of GDP benchmark of the Stability and Growth Pact. The growth rate of government expenditure is in line with the expenditure benchmark of the Stability and Growth Pact over the 2012-15 period. The Convergence Programme foresees the achievement of the MTO in 2014. The main risks to the budgetary targets are the arrears of state-owned enterprises, as well as potential reaccumulation of arrears at local government level and in the health sector, even if some measures have been taken in the health sector. As regards public debt, it was below 34 % of GDP by end 2011 thus remaining substantially below 60 % of GDP.

               (13)

               Romania has made a number of commitments under the Euro Plus Pact. These commitments, and the implementation of the commitments presented in 2011, relate to fostering competitiveness and employment, to making public finances more sustainable and to reinforcing financial stability,

         HEREBY RECOMMENDS that Romania take action within the period 2012-13 to:
   Implement the measures laid down in Decision 2009/459/EC, as amended by Decision 2010/183/EU, together with the measures laid down in Decision 2011/288/EU and further specified in the Memorandum of Understanding of 23 June 2009 and its subsequent supplements, and in the Memorandum of Understanding of 29 June 2011 and its subsequent supplements.

      Done at Brussels, 10 July 2012.

            For the Council

            The President

         V. SHIARLY

      (1)  OJ L 209, 2.8.1997, p. 1.

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

      (3)  OJ C 216, 22.7.2011, p. 6.

      (4)  OJ L 150, 13.6.2009, p. 8.

      (5)  OJ L 83, 30.3.2010, p. 19.

      (6)  OJ L 132, 19.5.2011, p. 15.

      (7)  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.


title: RECOMMENDATION FOR REGULATION (EEC) OF THE COUNCIL concluding the Agreement extending the provisions governing the first stage of the Agreement establishing an association between the European Economic Community and Malta. (submitted to the Council by the Commission)

text:
ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (76) 40
Vol. 1976/0017
 ---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
                                         j       . COM(76)40 final.
                                                   Brussels , 6 February 1976 *
             RECOMMENDATION FOR REGULATION ( EEC ) OF THE COUNCIL
         concluding "the Agreement extending the provisions governing
         the first stage of the Agreement establishing an association
              between the European Economic Community and Malta.
                 ( submitted to the Council by the Commission )
                .    . \
 COM(76 ) 40 final .
   \
                                                        \
 ---pagebreak---                    Commission Communication to the Council
               on the extension of the provisions governing the
               first stage of the Agreement establishing an
               assooiation between the European Eoonomio
              Community and Malta
 1 . Hi® provisions governing the first stage of the Agreement establishing
an association between the European Eoonomic Community and Malta and those
of the Protoool laying dpwn certain provisions relating to the Agreement
establishing an association between the European Eoonomio Community and Malta
expire on 31 March 1976#
2 . The Maltese Delegation has requested that the provisions of the first
stage be extended pending the conolusion and entry into force of the Becond
Btage *
3 * Sinoe negotiations for the definition of the second stage have not yet
been opened ; the Commission oonsiders that the provisions of the first stage
and of the Protoool should be extended unohanged until the entry into force
of the Beoond stage or until 30 June 1977 » whichever is the earlier*
4 » Ibe Commission accordingly proposes that the Councils
       adopt the draft Agreement extending the provisions governing the
       first stage of the Agreement establishing an assooiation between
       the EEC and Malta and those of the Protoool laying down oertain
                                                   i        >
       provisions relating to the Agreement establishing an assooiation
       between the EEC and Malta .
 ---pagebreak---                      COIINCIL REGULATION (SEC ) Mo    /76
                        of
        concluding the Agreement extending the provisions governing
        the first stage of the Agreement establishing an association
        between the European Economic Comircurtity and Malta
                                                              !
THE COUNCIL OP THE EUROPEAN COMMUNITIES ,                     J
Having regard to the Treaty establishing the European Economio Community,
and in particular Article 233 thereof ,
Having regard to the recommendation from the Commission ,
Having regard to the Opinion of the European Parliament ,
Whereas the provisions governing the first stage of the Agreement establishing
                                                                    1
an association between the Suropean Economic Comrsunity and Malta and those of
the Protocol laying down certain provisions relating to the Agreement
establishing an association between the European Economio Community and Malta,
Bigned in                on                 1976 , expire on 31 March 1976 }
Whereas this Agreement provides for the opening of negotiations with a view
                                                                                (
to defining the content of the second stage of the association agreement f
Whereas, pending the conclusion and entry into force of the second stage , an
agreement should be concluded extending the provisions jjf the first stage of
the Agreement establishing an association between the Earopean Economio Community
and Malta and those of the Protocol laying down certain; provisions relating to
the Agreement establishing an association between the European Economio '
Community and Malta ,                                                    f'      p
HAS ÂDOPTKD TAIS REGULATION 8 (
                                   Article 1
The Agreement extending the provisions governing the first stage of the Agreement
establishing an association between
the European Economic Community and Malta and those of the Protocol laying down
certain provisions relating to the Agreement establishing an association between .
the European Economics Community and Malta is hereby oonoluded on behalf of the
                                                                     . . f 1 • .
Community »
                     '                                                           t
I OJ L 61 , 14 March 1971 *                                              f'
  W     ■ , '
 ---pagebreak---                                    - 2 -
                                 Article 2
The President of the Counoil of the European Communities shell make the
notification referred to in Artiole 2 of the Agreement on behalf of the
          •]
Community ,
                                 Article 3
This Regulation shall enter into force on the third day following its
publication in the Official Journal of the European Communities .
                                                        I
This Ragula+ion shall be binding in its entirety and directly applicable
in all Member States .
Done at Brussels »
                                                    For the Counoil ,
                                                     The Présidant
 The date of the entry into force of the Agreement will be published in
 the Official Journal of the European Communities *
 ---pagebreak---                                       AGREERENT
                extending -the provision® governing the first stage
                of the Agreement establishing an association between
                the European Eoonomio Community and Malta
 THE COUNCIL OP THE EUROPEAN COMMUNITIES ,
 of the one part-, and
 THE GOVERNMENT OF THE REPUBLIC OP MALTA
 of the other part ,
CONSIDERING that the provisions governing the first stage of the Agreement
 establishing an association between the European Economic Community and M^lta,
 signed in Valletta on 5 December 1970 , and those of the Protocol laying do^pi
certain provisions relating to the Agreement establishing an association ^
between the European Economic Community and Malta , signed in                /
on                     , expire on 31 March 1 976 $
CONSIDERING that the Contracting Parties to this Agreement have made it their
aim to negotiate a second stage providing for a further elimination of obstacles
to trade between the European Economic Community and Malta and the adoption by
Malta of the Common Customs Tariff ;,
RECOGNIZING that it has proved impossible to open the negotiations for the
definition of the seoond stage within th© prescribed time ;          f,
                                                                         it
HAVE DECIDED to extend the provisions governing the first stage of the
Agreement and those of the Protocol until the entry into force of the eecon&
stage or until 30 June 1 9T7 » whichever is th« earlier , and to this end have
designated as their Plenipotentiaries t
THE COUNCIL OP THE EUROPEAN COMMUNITIES i
THE GOVERNMENT OP THE REPUBLIC OP MALTA ?
WHO , having exchanged their full powers , found in good and due form ,      .
HAVE A0REED A3 FOLLOWSt
 ---pagebreak---                                      Article 1
 1.    Article 2(2 ) of Lhe Agreement establishing an association between the
 European Eoonomio Community and Malta shall be replaced by the following :
                                                                             I
    "2 « The Agreement provides for two successive stages .     The provisions
         governing the firot stage shall apply             until the entry
         into force cf the provisions governing the second stage or until
         30 Juno 1977 , whichever is the earlier .   The Becond stage shall
         be , in principle , of five years' duration ."
2.    The second subparagraph of Articles A ( Or 9(0 &nd 11 ( 1 ) of the Protocol
laying down certain provisions relating to the Agreement establishing an
association between the European Economic Community and Malta shall be
replaced by the following ?
   " This provision shall apply until the entry into force of the
     provisions governing the sacond stage or until 30 June 1977 ,
     whichever is the earl i sir n w
                                     Article ?
1.    This Agreement shall 'be subject to ratif ica.tion , acceptance or approval
in accordance with the Contracting Parties' own procedures ; the Contracting
Parties will notify each other of the necessary relevant acts .
2.    This Agreemont nhall enter into foroe on the first day of the month
following the date on which the Contracting Parties have notified each other
as required by paragraph 1 «
                                     Article 3
This Agreement is drawn up .in duplicate in the Danish , Dutch , English , French ,
German and Italian languages , each of these texts being authentio .


				|

		52014DC0421

			Recommendation for a COUNCIL RECOMMENDATION on Austria’s 2014 national reform programme and delivering a Council opinion on Austria’s 2014 stability programme /* COM/2014/0421 final */

Recommendation for a
COUNCIL RECOMMENDATION
on Austria’s 2014 national reform
programme
and delivering a Council opinion on Austria’s 2014 stability programme

THE COUNCIL OF
THE EUROPEAN UNION,
Having regard to the
Treaty on the Functioning of the European Union, and in particular Articles
121(2) and 148(4) thereof,
Having regard to
Council Regulation (EC) No 1466/97 of 7 July 1997 on the strengthening of the
surveillance of budgetary positions and the surveillance and coordination of
economic policies[1],
and in particular Article 5(2) thereof,
Having regard to the
recommendation of the European Commission[2],
Having regard to the
resolutions of the European Parliament[3],
Having regard to the
conclusions of the European Council,
Having regard to the
opinion of the Employment Committee,
Having regard to the
opinion of the Economic and Financial Committee,
Having regard to the opinion of the Social
Protection Committee,
Having regard to the opinion of the
Economic Policy Committee,
Whereas:
(1)
On 26 March 2010, the
European Council agreed to the Commission’s proposal to launch a new strategy
for growth and jobs, Europe 2020, based on enhanced coordination of economic
policies, which 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, 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 9 July 2013, the Council
adopted a recommendation on Austria’s national reform programme for 2013 and
delivered its opinion on Austria’s updated stability programme for 2012-2017. On
15 November 2013, in line with Regulation
(EU) No 473/2013[4],
the Commission presented its
opinion on Austria's draft budgetary plan for 2014[5].
(5)
On 13 November 2013, the
Commission adopted the Annual Growth Survey[6], marking the start of the 2014
European Semester of economic policy coordination. On the same day on the basis
of Regulation (EU) No 1176/2011, the Commission adopted the Alert Mechanism
Report[7],
in which it did not identify Austria as one of the Member States for which an
in-depth review would be carried out.
(6)
On 20 December 2013, the
European Council endorsed the priorities for ensuring financial stability, fiscal
consolidation and action to foster growth. It underscored the need to pursue
differentiated, growth-friendly fiscal consolidation, to restore normal lending
conditions to the economy, to promote growth and competitiveness, to tackle
unemployment and the social consequences of the crisis, and to modernise public
administration.
(7)
On 8 April 2014, Austria
submitted its 2014 national reform programme and on 29 April 2014 its 2014
stability programme. In order to take account of their interlinkages, the two
programmes have been assessed at the same time.
(8)
The objective of the budgetary strategy outlined
in the 2014 Stability Programme is to meet the medium-term objective of a
structural deficit of no more than 0.45% of GDP by 2016, which reflects the
requirements of the Stability and Growth Pact. The general government deficit
has been sustainably brought below 3% of GDP in 2013. The (recalculated)
structural balance is planned to remain constant in 2014 and to improve by 0.3
pp. of GDP in 2015, falling significantly short of the required adjustment in
both years. Expenditure growth will also deviate significantly from the
expenditure benchmark both in 2014 and 2015. On 12 May 2014, Austria announced
a set of additional revenue and expenditure measures. Provided that these
measures are strictly and timely implemented, Austria's budgetary strategy does
no longer imply a planned significant deviation from the adjustment path
towards the medium-term objective in 2014. At the same time, the planned
adjustment path towards the medium-term objective still presents risks with
respect to compliance with the requirements of the Stability and Growth Pact. According
to the stability programme, general government gross debt will significantly
increase from close to 74.5% of GDP in 2013 to 79% of GDP in 2014, due to the
impact of the establishment of a Liquidation Entity for the assets of Hypo Alpe
Adria, while the debt will start decreasing from 2015 onwards. The
macroeconomic scenario underpinning the budgetary projections in the programme
is plausible and was prepared by an independent body, the Austrian Institute of
Economic Research (WIFO). The Commission 2014 spring forecast expects that the
deficit will remain below 3% in 2014 and 2015. However, it projects a
deterioration of the structural balance in 2014 and an improvement by only 0.1%
of GDP in 2015. Based on its assessment of the programme and the Commission forecast
as well as its assessment of the additional measures announced on 12 May,
pursuant to Council Regulation (EC) No 1466/97, the Council is of the opinion
that Austria has sustainably corrected its excessive deficit, but that a risk
of significant deviation from the adjustment path towards the medium-term
objective in 2014 and 2015 remains.
(9)
In line with the Treaty on Stability
Coordination and Governance, Austria has strengthened its fiscal framework in
2012 through a reform of the Austrian Internal Stability Pact. The mandate of
the Austrian Fiscal Council was expanded as from November 2013 in response to
the requirements of the Fiscal Compact. The need for a thorough reform of the relations of different levels of government to
better streamline their respective responsibilities, remains, however, as
recognised in the coalition agreement.
(10)
Medium and long-term pension
and health care expenditures and to a lesser degree those for long-term care
pose a risk to the sustainability of public finances. In 2014, some measures to
limit access to early retirement schemes and to increase incentives for staying
longer in employment have entered into force. Still, the effective retirement
age of 58.4 years in 2012 is well
below the EU-average. It remains
considerably below the statutory retirement age (5.6 years for men and 2.6 years for women in 2012). The National Reform Programme contains
relatively ambitious short-term targets to raise the effective retirement age
by 1.6 years between 2012 and 2018, and their implementation will have to be
closely monitored. The recent reforms to the pension system are likely to
reduce the sustainability risks to some degree, if accompanied by improvements
in labour market conditions that allow older workers to stay longer in
employment. There are however no
plans to introduce measures with a more structural and long-term effect, such as accelerating the harmonisation of the statutory
retirement age for men and women and linking the statutory retirement age with
life expectancy, which would additionally contribute to longer working lives
and the financial sustainability of the pension system.
(11)
Efficient allocation of
resources in the Austrian health system is hampered by a complex governance
structure and a relatively strong focus on the large and costly hospital
sector. Some measures have been taken to implement health care reform and to
increase the cost-effectiveness of public spending. However, they may not be
sufficient to address structural weaknesses in the sector and there remains a
need to set more ambitious targets for shifting from inpatient to outpatient
care and to reinforce preventive health care, for which public spending is
below EU average. The measures announced to strengthen primary care provision
and to develop integrated care programmes for chronic diseases are welcomed.
The long-term care fund, which was extended to 2016 with an additional EUR 650
million and is planned to be further extended to 2018 with extra EUR 700
million, provides an interim solution for the financing of care services. The
financial sustainability of long-term care will require attention also beyond this timeline.
(12)
Austria's tax system
continues to be characterised by a high tax and social security burden on
labour, in particular for low-income earners. Labour taxes account for 24.7% of
GDP in 2012, one of the highest in the EU. Social security contributions and
payroll taxes amount to almost 50 percent of gross wages. High social
contributions and entry income taxes are likely to lower incentives to work for
individuals with low earnings potential and for second earners. The recently
adopted tax package includes limited measures to reduce the tax burden on
labour but does not exploit the potential for a tax shift towards taxes less
detrimental to growth, such as recurrent taxes on immovable property, where
estimates of taxable values are outdated.
(13)
The Austrian labour market
continues to perform well with one of the lowest unemployment rates in the EU
(2013: 4.9%). However, the future challenges resulting from population ageing
and a potentially shrinking work force call for a better use of the underutilised
labour market potential of older workers, women and migrants. The employment
rate of older workers remains below the EU average (44.9 % v. 50.3 %), although
their participation rate has increased substantially since 2000, by almost 15
percentage points to 44.9% in 2013. Measures to curb early retirement are
becoming effective in 2014 and further measures to strengthen incentives for
exiting the labour market later are in preparation. Nevertheless, difficulties
for older workers to stay in or re-enter employment remain. Migrants continue
to face obstacles to full integration in the labour market and significantly
higher unemployment rates, partly due to remaining barriers to the recognition
of their qualifications, while they constitute an increasing part of the labour
force. While the female employment
rate of 70.8% in 2013 is relatively high, it is far less favourable in
full-time equivalents (55.6% in 2012). Austria has one of the highest percentages
of women in part-time employment and a high concentration of women in low-pay
employment. As a consequence, the gender pay and pension gap is one of the
highest in the EU. Although some measures have been taken to improve child care
and long-term care services, availability is still limited.
(14)
Austria has improved educational outcomes in all
categories as measured by the OECD's
2012 students' skills survey, but reading achievements
remain still below the EU average and the socio-economic background continues
to have significant influence on educational achievements. While overall the
early school leaving target has been met, the rate for pupils with a migrant
background, who constitute a growing number of pupils, was more than three
times higher than for those of non-migrant background (21.5 % vs. 6.0 % in
2012). Insufficient emphasis is put on prevention of early school leaving and a
nationwide strategic approach for high-quality early childhood education still
needs to be developed. Some reforms to various aspects of the school system, in
particular the roll-out of the New Middle School programme, are on-going or
have just been adopted. The potential of New Middle School to mitigate the
negative effects of early assignment of pupils to different school types after
four years of elementary school ('early tracking') for socially
disadvantaged and to improve learning outcomes has to be monitored closely. In higher education, increasing numbers of enrolled students put
pressure on finances and organisation, while the percentage of students
completing their programmes remains below EU-average. Improving educational
outcomes remain highly important in order to facilitate the pathway from
education to employment.
(15)
There are still significant
regulatory barriers which hamper companies and individual professionals in offering
their services in Austria. Legislation regulating specific professions limits
company forms and imposes shareholding requirements, while at the same time
access to individual professions is subject to specific professional
qualifications and the establishment of interdisciplinary service companies
remains difficult. The combination of these requirements creates barriers to
entering the market and exercising professional services which limits
competition. With respect to professional qualification requirements, Austria
is participating in the EU-wide mutual evaluation exercise and has updated its
database of regulated professions as a first step to assessing the
justification and proportionality of professional qualification requirements.
(16)
Publication requirements in EU procurement
legislation aim at ensuring competition and equal-treatment through better
information about contract opportunity, which is a key condition for market
access. A higher degree of competition among bidders generally results in more favourable
offerings for procuring entities including substantial cutting of prices. However,
the value of calls for tenders published by Austrian
authorities and entities under EU procurement legislation was 1.5% of GDP and
6.6% of total public expenditure on works, goods and services in 2012, well
below the EU averages of 3.4% and 17.7%, respectively. This situation creates
considerable costs for the Austrian taxpayer and for businesses in terms of business
opportunities foregone.
(17)
Despite increases in the
budget of the Austrian Federal
Competition Authority, it remains significantly understaffed in comparison to the
authorities of other Member States of a similar or smaller size. The Austrian
freight and passenger railway markets would benefit from further efforts to
foster competition, as recommended by the Council in 2013.
(18)
While overall banking sector
capitalisation continued to improve in 2013, further efforts to strengthen
capital buffers appear warranted considering the risk profile of banks. The
Council recommended in 2013 that Austria speed up the restructuring of
nationalised and partly nationalised banks. Currently, the legal framework for
the wind-down of Hypo Alpe Adria is to be presented for adoption by parliament
by summer. The organisational preparation of setting up the respective asset
management company (AMC) is in progress. The AMC is expected to become
operational in autumn. Österreichische Volksbanken AG and the bad bank of
Kommunalkredit, KA Finanz, continue their restructuring or their wind down,
respectively, in line with EU state aid decisions. Transparent and decisive
steps to complete the restructuring of nationalised banks would be essential to
safeguard financial stability and to minimise the negative effects on public
finances.
(19)
In the context of the
European Semester, the Commission has carried out a comprehensive analysis of
Austria’s economic policy. It has assessed the stability programme and the
national reform programme. It has taken into account not only their relevance
for sustainable fiscal and socio-economic policy in Austria 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 (5) below.
(20)
In the light of this
assessment, the Council has examined Austria’s stability programme, and its
opinion[8]
is reflected in particular in recommendation (1) below.
(21)
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 the basis of this analysis, the
Council has issued specific recommendations for the Member States whose
currency is the euro. Austria should also ensure the full and timely
implementation of these recommendations.
HEREBY
RECOMMENDS that Austria take action within the period 2014-2015 to:
1.
Following the correction of the excessive
deficit, reinforce the budgetary measures for 2014 in the light of the emerging
gap of 0.5% of GDP based on the Commission 2014
spring forecast, pointing to a risk of significant deviation relative to
the Stability and Growth Pact requirements. In 2015, significantly strengthen
the budgetary strategy to ensure reaching the medium-term objective and remain
at it thereafter, and ensure that the debt rule is met in order to keep the
general government debt ratio on a sustained downward path. Further streamline
fiscal relations between layers of government, for example by simplifying the
organisational setting and aligning spending and funding responsibilities.
2.
Improve the long-term
sustainability of the pension system, notably by bringing forward the
harmonisation of the statutory retirement age for men and women and by linking
the statutory retirement age to life expectancy. Monitor the implementation of
recent reforms restricting access to early retirement. Further improve the cost
effectiveness and sustainability of health care and long-term care services.
3.
Reduce the high tax wedge on
labour for low-income earners by shifting taxation to sources less detrimental
to growth, such as recurrent taxes on immovable property, including by updating
the tax base. Reinforce measures to improve labour market prospects of people
with a migrant background, women and older workers. This includes further
improving child- and long-term care services and the recognition of migrants'
qualifications. Improve educational outcomes in particular of young
people with a migrant background, by enhancing early childhood education and
reducing the negative effects of early tracking. Further improve strategic
planning in higher education and enhance measures to reduce dropouts.
4.
Remove excessive barriers for services providers,
including as regards legal form and shareholding requirements and with respect
to setting up interdisciplinary services companies. Review whether restrictions
on entry into and conduct in regulated professions are proportionate and
justified by general interest. Identify the reasons behind the low value of
public contracts open to procurement under EU legislation. Substantially
strengthen the resources of the Federal Competition Authority.
5.           Continue to closely oversee and
advance effectively the orderly restructuring of the nationalised and partly
nationalised banks.
Done at Brussels,
                                                                       For
the Council
                                                                       The
President
[1]               OJ L 209, 2.8.1997, p. 1.
[2]               COM(2014) 421 final.
[3]               P7_TA(2014)0128 and
P7_TA(2014)0129.
[4]               OJ L 140, 27.5.2013, p.11.
[5]               C(2013) 8009 final
[6]               COM(2013) 800 final.
[7]               COM(2013) 790 final.
[8]               Under Article 5(2) of Council Regulation (EC) No
1466/97.


Avis juridique important

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32000Y1213(01)

Council recommendation of 30 November 2000 to Member States in respect of Europol's assistance to joint investigative teams set up by the Member States

Official Journal C 357 , 13/12/2000 P. 0007 - 0008

Council recommendationof 30 November 2000to Member States in respect of Europol's assistance to joint investigative teams set up by the Member States(2000/C 357/06)THE COUNCIL OF THE EUROPEAN UNION,Whereas:(1) Article 30(2)(a) of the Treaty on European Union calls for the Council to enable Europol to facilitate and support the preparation, and to encourage the coordination and carrying out, of specific investigative actions by the competent authorities of the Member States, including operational actions of joint teams comprising representatives of Europol in a support capacity.(2) Recommendation 43 of the Conclusions of the meeting of the European Council in Tampere on 15 and 16 October 1999 calls for joint investigative teams as provided for in the Treaty to be set up without delay, as a first step, to combat trafficking in drugs and human beings as well as terrorism. The rules to be established in this respect should allow representatives of Europol to participate, as appropriate, in such teams in a support capacity.(3) The Council on 29 May 2000 adopted the Act establishing, in accordance with Article 34 of the Treaty on European Union, the Convention on Mutual Assistance in Criminal Matters between the Member States of the European Union(1), which provides for the setting-up of joint investigative teams.(4) Member States may already create joint investigative teams on a bilateral or multilateral basis.(5) The Convention on the establishment of a European Police Office (Europol Convention)(2) enables Europol to provide support to joint investigative teams set up on bilateral or multilateral bases.(6) This Recommendation constitutes the first step in the implementation of Recommendation 43 of the Tampere Conclusions,HEREBY RECOMMENDS Member States, with due regard to the Europol Convention and to its implementing rules, to make full use of the possibilities for Europol support for joint investigative teams.Europol will through the national units provide support to the joint investigative teams in accordance with the Europol Convention and in particular with Articles 3 and 4 thereof, especially for the following purposes and according to the following arrangements:- Place Europol's knowledge of the criminal world at the disposal of joint investigative teams:Europol could place its knowledge of the criminal world at the disposal of members of the joint investigative teams in accordance with the Europol Convention which allows Europol to aid investigations in the Member States by forwarding all relevant information to the national units and to assist the Member States by providing advice on investigative procedures (also taking into account Europol's linguistic capabilities).- Assist with coordination of operations by joint investigative teams:Europol could assist Member States with centralised coordination of operations by joint investigative teams in accordance with the Europol Convention which enables Europol to facilitate the exchange of information between Member States.- Provide advice to joint investigative teams on technical matters:Europol could advise Member States on appropriate techniques for use in investigations with a cross-border dimension in accordance with the Europol Convention, which enables Europol to give advice on organisation, equipment of authorities and on technical and forensic police methods.- Help with the analysis of offences:If Europol already has an analysis file on the facts being investigated by the joint investigative team, members of the team may seek the assistance of the relevant analytical group, subject to compliance with Article 10(8) of the Europol Convention.In addition, members of the joint investigative team could call on Europol in order to obtain, pursuant to the said Convention, an authorised opinion on whether or not an analysis file should be opened.Any data resulting from the work of the joint investigative team must be forwarded to Europol under the conditions set out in Article 10 of the said Convention. In the opposite direction (from Europol to the joint investigative team), data may not be retrieved from an analysis file open to Europol without the agreement of the analysis group, in accordance with Article 10(8) of the said Convention.Communication to members of the joint investigative teams via competent national units of data retrieved from Europol's general information system requires no preliminary authorisation.Done at Brussels, 30 November 2000.For the CouncilThe PresidentM. Lebranchu(1) OJ C 197, 12.7.2000, p. 1.(2) OJ C 316, 27.11.1995, p. 2.