title: RECOMMENDATION FOR A COUNCIL REGULATION (EEC) ON THE CONCLUSION OF THE AGREEMENT IN THE FORM OF AN EXCHANGE OF LETTERS BETWEEN THE EUROPEAN ECONOMIC COMMUNITY AND THE PORTUGUESE REPUBLIC REGARDING PREPARED OR PRESERVERD TOMATOES FALLING WITHIN SUBHEADING 20.02 C OF THE COMMON CUSTOMS TARIFF (presented by the Commission to the Council)

text:
ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (79) 765
Vol. 1979/0253
 ---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 OP THE EUROPEAN COMMUNITIES
                                             COM(79)765 final
                                             Brussels , 20th December 1979
                                          *         f        •     >
                                                     ***'      -j7
                                          V >:>              ■/
                                            Xf      : •   >-V
             RECOMMENDATION FOR A COUNCIL REGULATION ( EEC )
         ON THE CONCLUSION OF THE AGREEMENT IN THE FORM OF AN
     EXCHANGE OF LETTERS BETWEEN THE EUROPEAN ECONOMIC COMMUNITY
AND THE PORTUGUESE REPUBLIC REGARDING PREPARED OR PRESERVERD TOMATOES
    FALLING WITHIN SUBHEADING 20.02 C OF THE COMMON CUSTOMS TARIFF
             ( presented by the Commission to the Council )
C0M(79 ) 765 final
 ---pagebreak---                  EXPLANATORY MEMORANDUM
     The purpose of the exchange of letters annexed to the
draft Regulation is to confirm , for 1980 , 1981 , 1982 , the . .
voluntary restraint . volume agreed with Portugal qince several
years . .
 ---pagebreak---                                 COUNCIL REGULATION (EEC)
             on the conclusion of the Agreement in the form of an exchange of letters
             between the European Economic Community and the Portuguese Republic
             regarding .prepared or preserved toir/atoe» falling within subheading 20.02 C of
                                          the Common Customs Tariff
TUB COUNCIL OF THE EUROPEAN                                Portuguese Republic regarding prepared or preserved
COMMUNITIES,                                               tomatoes falling within subheading 20.02 C of the
                                                           Common Customs Tariff is hereby approved on
 Having regard to the Treaty establishing the European     behalf of the Community.
 Economic Community, and in particular Article. 113
thereof.
                                                           The text of the Agreement is annexed to this Regula
 Having regard to the recommendation (rcn the              tion .
Commission;                                    *
Whereas it is necessary to conclude the Agreement in
                                                                                Article 2
 the form of an exchange of letters between the Euro
 pean Economic Community and the Portuguese Repu
blic regarding prepared or preserved tomatoes falling .    The President of the Council is hereby authorized to
-within subhc^c.r.g 20.02 C of the Common Customs          appoint the person empowered to sign the Agreement
Tariff,                                                    for the purpose of binding the Community.
 HAS ADOPT£D THIS REGULATION :
                                                                                Article 3
                       Article 1
                                                            This Regulation shall enter into force on the day
The Agreement in the form of an ex-change of letters        following its publication in the Official Journal of
 between the European Economic Community ana the            the European Communities.
             This Regulation shall be binding in its entirety and directly applicable in all Member
              States.
                                                                       For the Council
                                                                         The President
 ---pagebreak---                                                              AGREEMENT
                       in the form of an exchange of letters between the European Economic Commu
                       nity and the Portuguese Republic regarding prepared or preserved tomatoes
                              falling within subheading 20.02 C of the Common Customs Tariff
                                                               Letter No /-
                                                                  t /                       '       "
                                                                                Brussels,
                                                                                "                     ,     *
                       Sir,                                               . ■        -
                       I have the honour to refer to Article 3 of Protocol 8 to the Agreement between the Euro
                       pean Economic Community and the Portuguese Republic signed on 22 July 1972 and to
                       the exchange of letters of 5 December 1975.                                           -
                       I have the-honour to inform you that for 19&®?                ar.'d 1982, the uOtnmu. .i ty is
to reniew the          volume agreed for      '979            • Accordingly, the Portuguese Government under- . ; ' -
         1             takes to , adopt the necessary measures in order that the quantities of tomatoes that have
 •• }■                 been prepared or preserved otherwise than by vinegar or acetic acid, falling within
                       subheading 20.02 C of the Common Customs Tariff, supplied to the Community in 19 80,1 981 and
                 1 982 do not exceed 90 000 tonnes PS P year .          ,                                         ,
                       f should be grateful if you would kindly confirm the agreement of your Government to
           -. . , _ „  the contents of this letter.                                              ,
       _               Please accept, Sir, the assurance of my highest consideration..
                                                                          On behalf of the Council of
                                    s- ,   .           .                  the European Communities
                                                                                !
 ---pagebreak---                                                  Lcsur No 2
                                                                                Brussels.          /
S;r,                                                               ■ . '               .
I i . j-.c the honour to acknowledge receipt of your letter of today s date worded as follows :
       '1 have the honour to refer to Article 3 of Protocol 8 to the Agreement between the
        Hi.ro.-.rr.n Economic Community and the Portuguese Republic signed on 22 July
        ] v72 ami to the exchange of letters of 5 December 1975,
        I have the honour to inform you that for 19 80,1981 a~.d " 982 the Community is ready to renew th «
       \ oi :me agreed for .          979 „       .1 Accordingly, the 'Portuguese Government under- .
        r.i     to -dopt tht necessary measures irs order that the quantities of tomatoes that
        h.ive Ixcn prepared or preserved otherwise than by vinegar or acetic acid , lulling
                  si;i>he.idir»/» 20.02 C of the Common Customs Tariff, supplied to the Comrnu-           ' .
        nity m i*>o0/i981 ar.d 1982 do not exceed 90 000 tonnes per year .
        I should be grateful if you would kindly confirm the agreement of your Government
        to the contents of this letter.'
I have the honour to confirm the agreement of my Government with the contents of that
letter.
Please accept. Sir, the assurance of my highest consideration. '
                                                               For tbe Government of                  '
                                                               the Portuguese Republic
 ---pagebreak---  FICHE    FINANCIERE                                         date  : 26 novembre 1979
 1 . Linné burfciétaire concernée : Titre I              Ressources propres
2 . Intitule " de l' action : Accord sous forme d' échangé de lettres entr-r la
     Communauté économique européenne et la république, portugaise en ce qui
     concerne les tomates préparées ou conservées relevant de                   la sous-position
 '   20.02 C du TOC                                                   '       -
3 , Base juridique : article 113 du Traité CEE
4 . Objecti fs c'e l' action : Définition du régime à l' importation dans la Communauté
     des tom&tes préparées ou conservées originaires et. en provenance du Portugal
5 . Incidences financières            :        '            exercice. 1980       exercice suivant · . . j
     5.1 . Recettes                              ■
                                                          -
                                                                                *
         ' - ressources -propres             ;
                  ( prélèvement / droi ts de .         •                  , -
                 douane )                                     néant  (1 )              néant  (1 )
            sur le plan national
                                                   V · "  '   ■
     5.2 . Mode de calcul
            ( 1 ) Ce régime ne comporte aucune incidence financière nouvelle ,
                     s' agissant de la reconduction d' une concession accordée depuis
                -    1972 . ( La perte moyenne annuelle de recettes douanières est de
                     0,953 UCE . )


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

text:
               24.7.2012

               EN

               Official Journal of the European Union

               C 219/77

         COUNCIL RECOMMENDATION
   of 10 July 2012
   on the National Reform Programme 2012 of Slovenia and delivering a Council opinion on the Stability Programme of Slovenia, 2012-15
   2012/C 219/23
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Articles 121(2) and 148(4) thereof,
   Having regard to Council Regulation (EC) No 1466/97 of 7 July 1997 on the strengthening of the surveillance of budgetary positions and the surveillance and coordination of economic policies (1), and in particular Article 5(2) thereof,
   Having regard to Regulation (EU) No 1176/2011 of the European Parliament and of the Council of 16 November 2011 on the prevention and correction of macroeconomic imbalances (2), and in particular Article 6(1) thereof,
   Having regard to the recommendation of the European Commission,
   Having regard to the conclusions of the European Council,
   Having regard to the opinion of the Employment Committee,
   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 (3), which together form the ‘integrated guidelines’. Member States were invited to take the integrated guidelines into account in their national economic and employment policies.

               (3)

               On 12 July 2011, the Council adopted a recommendation (4) on Slovenia’s National Reform Programme for 2011 and delivered its opinion on Slovenia’s updated Stability Programme for 2011-14.

               (4)

               On 23 November 2011, the Commission adopted the second Annual Growth Survey, marking the start of the second European Semester of ex ante and integrated policy coordination, which is anchored in the Europe 2020 strategy. On 14 February 2012, the Commission, on the basis of Regulation (EU) No 1176/2011, adopted the Alert Mechanism Report, in which it identified Slovenia as one of the Member States for which an in-depth review would be carried out.

               (5)

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

               (6)

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

               (7)

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

               (8)

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

               (9)

               On 26 April 2012, Slovenia submitted its Stability Programme covering the period 2012-15 and, on 13 April 2012, its National Reform Programme for 2012. In order to take account of their interlinkages, the two Programmes have been assessed at the same time. The Commission has also assessed, in an in-depth review under Article 5 of Regulation (EU) No 1176/2011, whether Slovenia is affected by macroeconomic imbalances. The Commission concluded in its in-depth review that Slovenia is experiencing internal imbalances which impact notably on corporate sector balance sheets and banking stability. These internal imbalances and any potential external imbalances should be closely monitored and feature in economic policy considerations so as to reduce the risk of adverse effects on the functioning of the economy. The recapitalisation and sale of the biggest bank and the firm commitment to correcting the excessive deficit by the 2013 deadline are two important and relevant elements of the currently envisaged response. The risk of excessive imbalances can be minimised by prompt and thorough implementation in these areas.

               (10)

               Based on the assessment of the Stability Programme pursuant to Regulation (EC) No 1466/97, the Council is of the opinion that the macroeconomic scenario underpinning the budgetary projections in the Stability Programme is optimistic when compared with the Commission services’ 2012 spring forecast. The objective of the budgetary strategy outlined in the Stability Programme is to bring the general government deficit below 3 % of GDP in 2013, which is the deadline set by the Council, and to pursue further deficit reduction thereafter so as to broadly achieve Slovenia’s medium-term budgetary objective (MTO) by 2015. The MTO is defined as a balanced position in structural terms, unchanged from the previous Stability Programme, but cannot be regarded as appropriate under the provisions of the Stability and Growth Pact because, based on current policies and projections, it does not ensure sufficiently rapid progress towards long-term sustainability.
               There are risks that the deficit outcomes could be worse than targeted, due to (i) a lack of specification of the measures foreseen, in particular for the period 2014-15; (ii) a track record of primary current expenditure overruns; (iii) lower revenue given the relatively optimistic macroeconomic scenario and uncertainty about the impact of the recently decided tax measures; and (iv) possible additional capital support operations and calling of guarantees. Based on the (recalculated) structural balance (5), the average annual fiscal effort over the period 2010-13 is planned to be almost 1 % of GDP, slightly above the one recommended by the Council. However, the Commission services’ 2012 spring forecast implies that an additional effort will have to be made in 2013 to respect the recommendation over the entire correction period. After the planned correction of the excessive deficit, the annual pace of progress towards the MTO according to the Stability Programme is in line with the 0,5 % benchmark set in the Stability and Growth Pact in 2015 but below it in 2014, while the rate of growth of government expenditure, taking into account discretionary revenue measures, is in line with the expenditure benchmark of the Stability and Growth Pact in both years, so overall the Stability Programme plans a broadly appropriate adjustment path towards the MTO. Taking account of the risks mentioned above, the progress towards the MTO could be slower than appropriate in both years.
               From around 48 % of GDP in 2011, general government gross debt is projected in the Stability Programme to peak by 2013 at 53 % (thus remaining below the 60 % of GDP Treaty reference value) before falling slightly by the end of the programme period. The debt projections are subject to upward risks from the possibility of higher deficits mentioned above and higher stock-flow adjustments. Slovenia’s medium-term budgetary framework and expenditure rule remain insufficiently binding and insufficiently focussed on achieving the MTO and securing long-term sustainability.

               (11)

               The Government was until now not in a position to make any systemic changes to the pension system, given the 12-month moratorium on legislation after the June 2011 negative referendum on a previous pension reform. However, short-term cost containment measures were prolonged and strengthened in December 2011 and May 2012. While relevant and beneficial in the short run, these stop-gap measures are clearly insufficient to address the long-term challenge. The Government envisages a new pension reform to be implemented by the end of 2013, which would be based on a multi-pillar system and a rise in the effective retirement age. While no further details are provided, the degree of ambition of these plans seems modest. Given the size of the challenge, a comprehensive reform addressing the following issues is warranted: a low statutory retirement age, differences in the statutory retirement age for men and women, wide early retirement possibilities and generous indexation arrangements for pensions. So far, no specific measures have been implemented to increase the employment rate of older workers, although the guidelines for the implementation of the active labour market policy measures 2012-15 and the 2012 plan for the implementation of active employment policy measures address the older unemployed as a specific target group.

               (12)

               The situation in the Slovenian banking sector now appears even more challenging than at the time of the 2011 assessment. The full-year losses of the sector in 2011 were substantial and, looking ahead, the slowing economy will bring further loan losses as more companies struggle with debt service. The measures that have been introduced or announced so far are not sufficient given the size of the challenge. The urgent second recapitalisation of the biggest bank (NLB) is still subject to negotiations with private and international investors. The new Government has indicated its intention to reduce its shareholdings in major banks to a blocking minority. There is a need to articulate the relationship between this longer-term aspiration and the immediate and pressing need for fresh capital, where the state as majority owner unambiguously carries the burden of responsibility in the final analysis. A clear privatisation strategy underpinned by timely injections of capital to cover losses, a guarantee of good governance and professional, de-politicised management would make this policy and the eventual sale of these banks more credible.

               (13)

               No concrete proposals were presented in the past year to reduce asymmetries between the protection accorded to workers on permanent and temporary contracts respectively. Negotiations with social partners on the Labour Relationship Act started in 2011 but no agreement has been reached or amendments adopted. The NRP indicates some measures to increase flexicurity and address segmentation, but provides no timetable for their adoption. The recently adopted Act on Balancing Public Finances introduces significantly higher charges (concession fees) for ‘student work’ to reduce the attractiveness of this labour market status but no additional measures are currently envisaged.

               (14)

               The responsiveness of the education and training system to labour-market needs remains insufficient, although career-guidance services are currently being introduced in the whole cycle of education and efforts are being made to provide information on future careers. No concrete steps have been taken to set up a system to forecast labour-market demand. Some projects co-financed with the European Social Fund were launched to promote occupations in high demand in the labour market. These measures are relevant but altogether represent an inadequate response to the challenge. The external expert evaluation of the overall effectiveness of the public employment service in Slovenia is not available for assessment.

               (15)

               Despite legislative changes in April 2011 to transform the Competition Protection Office (CPO) into an independent agency as of 1 January 2012, the CPO is not yet independent, given that several procedural conditions have to be fulfilled first. Moreover, in 2011 the CPO’s resources were reduced. These developments affect its ability to expand its enforcement actions and to lend institutional weight to competition-boosting reform efforts. A study has just been completed on the deregulation of professions, but concrete policy action in this area remains vague. More generally, some aspects of the legal framework for the establishment of service providers may raise questions of compatibility with Directive 2006/123/EC of the European Parliament and of the Council of 12 December 2006 on services in the internal market (6). The overall business environment is characterised by weaknesses that hold back domestic and foreign investors and hamper the swift cleaning of bank balance sheets, such as direct and indirect involvement of the state in the economy and debtor-friendly and sometimes problematic insolvency proceedings. Finally, due to its growing importance as a transit country for electricity flows, the national transmission grid is starting to become a bottleneck.

               (16)

               Following a strong discretionary increase in March 2010, the minimum wage as a percentage of the average wage was the highest in the EU in 2011, although the minimum wage is just below the poverty threshold. Indexation in the following two years has resulted in a further 4 % nominal increase. These developments reduce the competitiveness of labour-intensive industries and exacerbate structural unemployment.

               (17)

               Slovenia 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 employment, improving competitiveness, enhancing sustainability of public finances and reinforcing financial stability. The Commission has assessed the implementation of the Euro Plus Pact commitments. The results of this assessment have been taken into account in the recommendations.

               (18)

               In the context of the European Semester, the Commission has carried out a comprehensive analysis of Slovenia’s economic policy. It has assessed the Stability Programme and National Reform Programme, and it presented an in-depth review. It has taken into account not only their relevance for sustainable fiscal and socioeconomic policy in Slovenia but also their compliance with EU rules and guidance, given the need to reinforce the overall economic governance of the Union by providing EU-level input into future national decisions. Its recommendations under the European Semester are reflected in recommendations (1) to (7) below.

               (19)

               In the light of this assessment, the Council has examined the Stability Programme, and its opinion (7) is reflected in particular in recommendation (1) below.

               (20)

               In the light of the Commission’s in-depth review and this assessment, the Council has examined the National Reform Programme and the Stability Programme. Its recommendations under Article 6 of Regulation (EU) No 1176/2011 are reflected in particular in recommendations (3), (6) and (7) below.

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

               1.

               Implement the 2012 budget, and reinforce the budgetary strategy for 2013 with sufficiently specified structural measures, standing ready to take additional measures so as to ensure a correction of the excessive deficit in a sustainable manner by 2013 and the achievement of the structural adjustment effort specified in the Council recommendations under the excessive deficit procedure. Thereafter, ensure an adequate structural adjustment effort to make sufficient progress towards an appropriate MTO for the budgetary position, including meeting the expenditure benchmark. Strengthen the medium-term budgetary framework, including the expenditure rule, by making it more binding and transparent.

               2.

               Take urgent steps to ensure the long-term sustainability of the pension system, while preserving the adequacy of pensions, by: (i) equalising the statutory retirement age for men and women; (ii) ensuring an increase in the effective retirement age, including through linking the statutory retirement age to life expectancy; (iii) reducing early retirement possibilities; and (iv) reviewing the indexation system for pensions. Increase the employment rate of older workers also by further developing active labour market policies and lifelong learning measures.

               3.

               Take the required steps to build sufficient capital buffers in the banking sector and strongly promote the cleaning of balance sheets so that appropriate lending to productive activities can resume. Obtain fully-fledged third party verification of systemically important banks’ stress loan-loss estimates.

               4.

               Adjust employment protection legislation as regards permanent contracts in order to reduce labour market segmentation, in consultation with social partners and in accordance with national practices. Further tackle the parallel labour market caused by student work.

               5.

               Improve the matching of skills with labour market demand, particularly of low-skilled workers and tertiary graduates, and continue reforms of vocational education and training.

               6.

               Take further steps to strengthen market opening and speed up the reorganisation of professional services. Improve the business environment through: (i) implementing the reform of the Competition Protection Office, (ii) establishing a framework for state-owned enterprises guaranteeing arms-length management and high standards of corporate governance, and (iii) improving bankruptcy procedures, in particular in terms of timeliness and efficiency.

               7.

               Following consultation with social partners and in accordance with national practice, ensure that wage growth, including minimum wage adaptation, supports competitiveness and job creation.

      Done at Brussels, 10 July 2012.

            For the Council

            The President

         V. SHIARLY

      (1)  OJ L 209, 2.8.1997, p. 1.

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

      (3)  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).

      (4)  OJ C 217, 23.7.2011, p. 1.

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

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

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


				|

		52012DC0306

			Recommendation for a COUNCIL RECOMMENDATION on Austria’s 2012 national reform programme and delivering a Council opinion on Austria’s stability programme for 2011-2016 /* COM/2012/0306 final */

			   	Recommendation for a
COUNCIL RECOMMENDATION
on Austria’s 2012 national reform
programme
and delivering a Council opinion on Austria’s stability programme for 2011-2016
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,
After consulting the Economic and Financial
Committee,
Whereas:
(1)(1)   On
26 March 2010, the European Council agreed to the European Commission’s
proposal to launch a new strategy for jobs and growth, Europe 2020, based on
enhanced coordination of economic policies, which will focus on the key areas
where action is needed to boost Europe’s potential for sustainable growth and
competitiveness.
(2)(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[4],
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)(3)   On 12 July 2011, the Council adopted a recommendation on Austria’s
national reform programme for 2011 and delivered its opinion on Austria’s updated
stability programme for 2011-2014.
(4)(4)   On 23 November 2011, the Commission adopted the second Annual
Growth Survey, marking the start of the second European Semester of ex-ante and
integrated policy coordination, which is anchored in the Europe 2020 strategy. On
14 February 2012, the Commission, on the basis of Regulation (EU) No 1176/2011,
adopted the Alert Mechanism Report[5],
in which it did not identify Austria as one of the Member States for which an
in-depth review would be carried out.
(5)(5)   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.
(6)(6)   On 2 March 2012, the European Council
also invited the Member States participating in the Euro Plus Pact to present
their commitments in time for their inclusion in their stability or convergence
programmes and their national reform programmes.
(7)(7)   On 24 April 2012, Austria submitted its 2012 stability programme
covering the period 2011-2016 and, on 25 April 2012, its 2012 national reform programme.
In order to take account of their interlinkages, the two programmes have been
assessed at the same time.
(8)       Based on the assessment of
the 2012 stability programme pursuant to Council Regulation (EC) No 1466/97,
the Council is of the opinion that the macroeconomic scenario underpinning the
budgetary projections in the programme is cautious for the years 2012 and 2013. For 2014-2016 the scenario becomes
more optimistic, projecting average GDP growth of 2.1%, consistently above the
current estimates of potential growth. The objective of the budgetary
strategy outlined in the programme is to correct the excessive deficit by 2013
and reach the medium-term budgetary objective (MTO) by 2016. The programme has
changed the MTO from the target of a balanced budget over the business cycle to
a structural deficit of 0.45% of GDP, adequately reflecting the requirements of
the Stability and Growth Pact. The foreseen correction of the excessive deficit
is in line with the deadline set by the Council recommendation issued in the
context of the Excessive Deficit Procedure in December 2009. However, based on the (recalculated) structural budget balance,[6] the
average annual fiscal effort planned at 0.5% of GDP for the period 2011-2013 is
lower than the 0.75% of GDP recommended by the Council. The envisaged structural
progress towards the MTO is sufficient in 2015, but lower than 0.5% of GDP per
year benchmark of the Stability and Growth Pact in 2014 and 2016. However, in
2014-2015 the projected growth rate of government expenditure, taking into
account discretionary revenue measures, respects the expenditure benchmark of
the Stability and Growth Pact. Nevertheless, there are risks accompanying the
fiscal targets both on the revenue and on the expenditure side. For example, the
budgetary effect of some measures is difficult to quantify because of
dependence on individual uptake. Since the legislation has not yet been decided
the details of the financial transaction tax are not yet known. The envisaged
expenditure cuts at the sub-national level are not defined. The programme
foresees that the debt-to-GDP ratio, which amounted to 72.2% at the end of
2011, is going to peak at 75.3% in 2013 before gradually falling to 70.6% in
2016. In terms of the debt reduction benchmark of the Stability and Growth Pact,
Austria will be in a transition period in the years 2014-2016 and the plans
presented in the programme would ensure sufficient progress towards compliance
with the debt reduction benchmark. However, there are risks attached to this
projection because of the growing debt of state-owned companies classified
outside the general government sector and potential further burden due to the
banking sector government support.
(9)       With the adoption of the
latest fiscal consolidation package, Austria is set on a path leading to more
sustainable public finances. However, the measures contained in the package do
not encompass significant streamlining in the fiscal relations between the federal,
regional and local governments, widely acknowledged as a major source of
potential savings. An agreement in principle was reached between the federal
and regional governments on the centralisation of health care financing, but
details still need to be negotiated.
(10)     In order to raise the
effective retirement age, Austria has enacted reforms mainly aimed at
restricting access to the invalidity pension scheme. Bringing forward the
harmonisation of the statutory retirement age between men and women, currently
foreseen for 2024-2033, has not been addressed. Employability of older workers
and active aging cultures within companies need to be further enhanced. The
proposed measures might not be far-reaching enough to substantially raise the
effective retirement age.
(11)     The performance of the
Austrian labour market has been very good, as witnessed by the lowest
unemployment rate in the EU in 2010 and 2011. However, the country's labour
force potential is projected to shrink from 2020 onwards. Therefore, Austria
will have to strive to fully tap the potential of working age population by
addressing the problems of the low employment rate of older workers and the
widespread use of early retirement and invalidity pension schemes, the high tax
and social security burden on labour income, and the relatively high concentration
of women in low-wage and part-time employment. Furthermore, the potential of
people with a migration background is not fully used due to low education
achievements or difficulties with the recognition of skills acquired abroad.
Education outcomes as reflected in PISA results are below EU average and the
influence of socio-economic background on education achievements is
particularly high. Steadily growing number of students, due to high incoming
mobility (‘mass university’) and high drop-out rates (around 40 %), remain
the main challenges together with a considerable gap in funding.
(12)     Austria enjoys a favourable
position in terms of competitiveness and productivity. Nevertheless, it faces
relative structural weaknesses in several areas, which may harm its long-term
growth potential. Competition in the services sector has not been particularly
supportive of domestic demand. The issues of high network access prices and the
distortive behaviour of incumbent firms (hampering market entry, competition
and innovation) have not been addressed. Unjustified restrictions in the liberal
professions persist: the number of regulated professions notified by Austria to
the Commission is far above the EU average. There is a need to assess the
justification and proportionality of regulation in these professions. There has
been no tangible progress on Austria’s commitment to strengthen the federal
competition authority. The Services Directive has finally been implemented
through the adoption of a ‘horizontal’ law and through changes in legislation
at province level, as recommended by the Council in 2011.
(13)     The Austrian financial
sector faces particular challenges related to the high exposure of Austrian banks
to the countries of Central, Eastern and South Eastern Europe, as in several of
these economies asset quality deterioration may still be ongoing. Policy
decisions with cross-border impact need to be preceded by information exchange
and coordination with host country supervisors. Authorities also need to
continue to closely monitor and restructure the banks which benefited from
public sector support, especially the credit institutions which were nationalised.
(14)     Austria 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
employment, improving competitiveness, and enhancing sustainability of public
finances. The Commission has assessed the implementation of the Euro Plus Pact
commitments. The results of this assessment have been taken into account in the
recommendations.
(15)     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 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 (7) below.
(16)     In the light of this
assessment, the Council has examined Austria’s stability programme, and its
opinion[7]
is reflected in particular in recommendation (1) below,
HEREBY RECOMMENDS that Austria
should take action within the period 2012-2013 to:
1.1.        Implement
the 2012 budget as envisaged and reinforce and rigorously implement the
budgetary strategy for the year 2013 and beyond; sufficiently specify measures
(in particular at the sub-national level), to ensure a timely correction of the
excessive deficit and the achievement of the average annual structural
adjustment effort specified in the Council Recommendations under the Excessive
Deficit Procedure . Thereafter, ensure an adequate structural adjustment effort
to make sufficient progress towards the medium-term budgetary objective (MTO),
including meeting the expenditure benchmark.
2.2.        Take further steps to strengthen the national budgetary
framework by aligning responsibilities across the federal, regional and local
levels of government, in particular by implementing concrete reforms aimed at
improving the organisation, financing and efficiency of healthcare and
education.
3.3.        Bring forward the harmonisation of the statutory retirement
age between men and women; enhance older workers' employability and monitor
closely the implementation of the recent reforms restricting access to early
exit channels in order to ensure that the statutory and effective retirement
age is rising in line with life expectancy.
4.4.        Take steps to reduce the effective tax and social security
burden on labour especially for low income earners with a view to increasing
employment rates for older persons and women given the need to counteract the
impact of demographic change on the working population. Shift the tax burden in
a budgetary neutral way, towards real estate taxes, and environmental taxes. Reduce
the high gender pay gap and enhance full-time employment opportunities for
women, notably through the provision of additional care services for dependants.

5.5.        Take further measures to improve educational outcomes,
especially of disadvantaged young people. Take measures to reduce drop-outs from
higher education.
6.6.        Take further steps to foster competition, in the services
sectors, by removing barriers to market entry in the communications, transport
and energy retail markets. Remove unjustified restrictions on access to the liberal
professions. Enhance the powers of the competition authorities and speed up the
implementation of the competition law reform.
7.7.        Step up the restructuring of banks which benefited from
public support, while avoiding deleveraging. Further improve the cooperation and
coordination of national policy decisions with financial sector supervisors in
other countries.
Done at Brussels,
                                                                       For
the Council
                                                                       The
President
[1]               OJ L 209, 02.08.1997, p. 1
[2]               COM(2012)306 final
[3]               P7_TA(2012)0048 and P7_TA(2012)0047
[4]               Council Decision 2012/238/EU of 26 April 2012
[5]               COM(2012) 68 final
[6]               Cyclically adjusted balance net of one-off and
temporary measures, recalculated by the Commission services on the basis of the information provided in the programme, using
the commonly agreed methodology.
[7]               Under Article 5(2) of Council Regulation (EC) No
1466/97.


title: Commission Recommendation of  6 February 2006  on the reduction of the presence of dioxins, furans and PCBs in feedingstuffs and foodstuffs  (notified under document number C(2006) 235)   (Text with EEA relevance)

text:
               14.2.2006

               EN

               Official Journal of the European Union

               L 42/26

      COMMISSION RECOMMENDATION

   of 6 February 2006
   on the reduction of the presence of dioxins, furans and PCBs in feedingstuffs and foodstuffs
   (notified under document number C(2006) 235)
   (Text with EEA relevance)
   (2006/88/EC)
   THE COMMISSION OF THE EUROPEAN COMMUNITIES,
   Having regard to the Treaty establishing the European Community, and in particular the second indent of Article 211 thereof,
   Whereas:

               (1)

               Commission Recommendation 2002/201/EC of 4 March 2002 on the reduction of the presence of dioxins, furans and PCBs in feedingstuffs and foodstuffs (1) is a part of an overall strategy to reduce the presence of dioxins, furans and PCBs in environment, feed and food. Its purpose is to recommend action levels and, over-time, target levels for feed and food.

               (2)

               Although, from a toxicological point of view, any level should apply to dioxins and dioxin-like PCBs, maximum levels in foodstuffs were in 2001 set only for dioxins and not for dioxin-like PCBs by Commission Regulation (EC) No 466/2001 of 8 March 2001 setting maximum levels for certain contaminants in foodstuffs (2) given the very limited data available at that moment on the prevalence of the dioxin-like PCBs. Similarly, maximum levels in feedingstuffs were in 2001 set only for dioxins and not for dioxin-like PCBs by Directive 2002/32/EC of the European Parliament and of the Council of 7 May 2002 on undesirable substances in animal feed (3).

               (3)

               According to Regulation (EC) No 466/2001, the Commission should review the provisions as regards dioxins in food for the first time by the end of 2004 in the light of new data on the presence of dioxins and dioxin-like PCBs, in particular with a view to the inclusion of dioxin-like PCBs in the levels to be set. Directive 2002/32/EC contains a similar review clause as regards dioxins in feedingstuffs.

               (4)

               In the meantime more data on the presence of dioxin-like PCBs in feed and food have been made available. As a consequence, maximum levels have been set for the sum of dioxins and dioxin-like PCBs expressed in World Health Organisation (WHO) toxic equivalents, using the WHO-TEFs as this is the most appropriate approach from a toxicological point. In order to ensure a smooth transition, existing maximum levels for dioxins should remain applicable for a transitional period in addition to the newly set levels for the sum of dioxins and dioxin-like PCBs.

               (5)

               Action levels for dioxins have been set by Recommendation 2002/201/EC in order to stimulate a pro-active approach to reduce the presence of dioxins and dioxin-like PCBs in food and feed. These action levels are a tool for competent authorities and operators to highlight those cases where it is appropriate to identify a source of contamination and to take measures for its reduction or elimination. Given the sources of dioxins and dioxin-like PCBs are different, it is appropriate that separate action levels are determined for dioxins on the one hand and for dioxin-like PCBs on the other hand. It is therefore appropriate to replace Recommendation 2002/201/EC.

               (6)

               Furthermore, the action levels should be periodically adjusted in line with the downward trend in dioxin and dioxin-like PCB presence and the active approach pursued to gradually reduce their presence in feedingstuffs and foodstuffs.

               (7)

               Directive 2002/32/EC provides for the possibility to set action levels. It is therefore appropriate to transfer the action levels for dioxins and dioxin-like PCBs in feedingstuffs to Directive 2002/32/EC.

               (8)

               The target levels indicate the contamination levels to be achieved in feed and food in order to ultimately bring human exposure for the majority of the population of the Community down to the TWI for dioxins and dioxin-like PCBs set by the Scientific Committee for Food (SCF). They should be set in the light of more accurate information on the impact of environmental measures and the source directed measures at the level of feed and food on the reduction of the presence of dioxins and dioxin-like PCBs in the different feed materials, feedingstuffs and foodstuffs. Given that the determination of these target levels involves the consideration of many different factors, the setting of these target levels should be postponed to the end of 2008,

         HEREBY RECOMMENDS:

               (1)

               That Member States perform, proportionate to their production, use and consumption of feed materials, feedingstuffs and foodstuffs, random monitoring of the presence of dioxins and dioxin-like PCBs and — if possible- non-dioxin-like PCBs in feed materials, feedingstuffs and foodstuffs. This monitoring should be carried out according to Commission Recommendation 2004/704/EC of 11 October 2004 on the monitoring of background levels of dioxins and dioxin-like PCBs in feedingstuffs (4) and Commission Recommendation 2004/705/EC of 11 October 2004 on the monitoring of background levels of dioxin and dioxin-like PCBs in foodstuffs (5);

               (2)

               That in cases of non-compliance with the provisions of Directive 2002/32/EC and Regulation (EC) No 466/2001, and (subject to point 3) in cases where levels of dioxins and/or dioxin-like PCBs in excess of the action levels specified in Annex I to this Recommendation as regards foodstuffs and in Annex II of Directive 2002/32/EC as regards feedingstuffs are found, Member States, in co-operation with operators,

                           (a)

                           initiate investigations to identify the source of contamination,

                           (b)

                           take measures to reduce or eliminate the source of contamination,

                           (c)

                           check for the presence of non-dioxin-like PCBs;

               (3)

               That Member States in which background levels of dioxin and dioxin-like PCBs are particularly high set national action levels for their domestic production of feed materials, feedingstuffs and foodstuffs, such that for about 5 % of the results obtained in the monitoring referred to in point 1, an investigation is undertaken to identify the source of contamination;

               (4)

               That Member States inform the Commission and the other Member States of their findings, the results of their investigations and the measures taken to reduce or eliminate the source of contamination;

               (5)

               That Member States transmit the information referred to in point 4 by 31 March of each year at the latest for foodstuffs and as part of the annual report to be submitted to the Commission pursuant to Article 22(2) of Council Directive 95/53/EC (6) for feedingstuffs, except where the information is of immediate relevance for the other Member States in which case it should be transmitted immediately. After the implementation of the multi-annual national control plans referred to in Articles 41 and 42 of Regulation (EC) No 882/2004 of the European Parliament and of the Council of 29 April 2004 on official controls performed to ensure the verification of compliance with feed and food law, animal health and animal welfare rules (7), the information can be transmitted as part of the annual report to be submitted to the Commission pursuant to Article 44 of Regulation (EC) No 882/2004.
               Commission Recommendation 2002/201/EC is hereby repealed as from 14 November 2006.

      Done at Brussels, 6 February 2006.

            For the Commission

         Markos KYPRIANOU

            Member of the Commission

      (1)  OJ L 67, 9.3.2002, p. 69.

      (2)  OJ L 77, 16.3.2001, p. 1. Regulation as last amended by Regulation (EC) 1822/2005 (OJ L 293, 9.11.2005, p. 11).

      (3)  OJ L 140, 30.5.2002, p. 10. Directive as last amended by Commission Directive 2005/87/EC (OJ L 318, 6.12.2005, p. 19).

      (4)  OJ L 321, 22.10.2004, p. 38.

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

      (6)  OJ L 265, 8.11.1995, p. 17. Directive as last amended by Directive 2001/46/EC of the European Parliament and of the Council (OJ L 234, 2.9.2001, p. 55).

      (7)  OJ L 165, 30.4.2004, p. 1, as correctd by OJ L 191, 28.5.2004, p. 1.

      ANNEX
      Dioxins (sum of polychlorinated dibenzo-para-dioxins (PCDDs) and polychlorinated dibenzofurans (PCDFs), expressed in World Health Organisation (WHO) toxic equivalents using the WHO-TEFs (toxic equivalency factors, 1997)), and dioxin-like PCBs (sum of polychlorinated biphenyls, expressed in World Health Organisation (WHO) toxic equivalents using the WHO-TEFs (toxic equivalency factors, 1997)).

                  Food

                  Action level for dioxins + furans (WHO-TEQ) (1)

                  Action level for dioxin-like PCBS (WHO-TEQ) (1)

                  Target level (sum of dioxins, furan and dioxin-like PCBs (WHO-TEQ)) (1)

                  Meat and meat products (2)

                              —

                              of ruminants (bovine animals, sheep)

                  1,5 pg/g fat (3)

                  1,0 pg/g fat (3)

                      (4)

                              —

                              of poultry and farmed game

                  1,5 pg/g fat (3)

                  1,5 pg/g fat (3)

                      (4)

                              —

                              of pigs

                  0,6 pg/g fat (3)

                  0,5 pg/g fat (3)

                      (4)

                  Liver and derived products of terrestrial animals

                  4,0 pg/g fat (3)

                  4,0 pg/g fat (3)

                      (4)

                  Muscle meat of fish and fishery products and products thereof, with the exception of eel (5)
                      (6)
                      (7)

                  3,0 pg/g fresh weight

                  3,0 pg/g fresh weight

                      (4)

                  Muscle meat of eel (Anguilla anguilla) and products thereof (5)
                      (6)
                      (7)

                  3,0 pg/g fresh weight

                  6,0 pg/g fresh weight

                      (4)

                  Milk (8) and milk products, including butter fat

                  2,0 pg/g fat (3)

                  2,0 pg/g fat (3)

                      (4)

                  Hen eggs and egg products (9)

                  2,0 pg/g fat (3)

                  2,0 pg/g fat (3)

                      (4)

                  Oils and fats

            –   Animal fat

                              – –

                              from ruminants

                  1,5 pg/g fat

                  1,0 pg/g fat

                      (4)

                              – –

                              from poultry and farmed game

                  1,5 pg/g fat

                  1,5 pg/g fat

                      (4)

                              – –

                              from pigs

                  0,6 pg/g fat

                  0,5 pg/g fat

                      (4)

                              – –

                              mixed animal fats

                  1,5 pg/g fat

                  0,75 pg/g fat

                      (4)

                              –

                              Vegetable oil and fats

                  0,5 pg/g fat

                  0,5 pg/g fat

                      (4)

                              –

                              Marine oil (fish body oil, fish liver oil and oils from other marine organisms intended for human consumption)

                  1,5 pg/g fat

                  6,0 pg/g fat

                      (4)

                  Fruits, vegetables and cereals

                  0,4 ng/kg product

                  0,2 ng/kg product

                      (4)

         (1)  Upperbound concentrations: upperbound concentrations are calculated assuming that all the values of the different congeners less than the limit of quantification are equal to the limit of quantification.

         (2)  Meat of bovine animals, sheep, pig, poultry and farmed game as defined in Annex I to Regulation (EC) No 853/2004 of the European Parliament and of the Council of 29 April 2004 laying down specific hygiene rules for food of animal origin (OJ L 139, 30.4.2004, as corrected by OJ L 226, 25.6.2004, p. 22), but not including edible offal as defined in that Annex.

         (3)  The action levels are not applicable for food products containing < 1 % fat.

         (4)  The target levels will be set by the end of the year 2008.

         (5)  Muscle meat of fish and fishery products as defined in categories (a), (b), (c), (e) and (f) of the list in Article 1 of Council Regulation (EC) No 104/2000 (OJ L 17, 21.1.2000, p. 22. Regulation as amended by the 2003 Act of Accession). The action level applies to crustaceans excluding the brown meat of crab and excluding head and thorax meat of lobster and similar large crustaceans (Nephropidae and Palinuridae) and to cephalopods without viscera.

         (6)  Where fish are intended to be eaten whole, the action level shall apply to the whole fish.

         (7)  When the action level is exceeded, it will be in some cases not necessary to perform an investigation as regards the source of contamination as the background level in some areas for some fish species is close to or exceeding the action level. However it is appropriate in these cases where the action level is exceeded to record all information such as sampling period, geographic origin and fish species in view of future measures as regards the presence of dioxins and dioxin-like compounds in fish and fishery products.

         (8)  Milk (raw milk, milk for the manufacture of milk-based products and heat treated milk) as defined in Annex I to Regulation (EC) No 853/2004.

         (9)  Hen eggs and egg products as defined in Annex I to Regulation (EC) No 853/2004.


title: Commission Recommendation of 2 March 2010 on the prevention and reduction of ethyl carbamate contamination in stone fruit spirits and stone fruit marc spirits and on the monitoring of ethyl carbamate levels in these beverages (Text with EEA relevance)

text:
               3.3.2010

               EN

               Official Journal of the European Union

               L 52/53

         COMMISSION RECOMMENDATION
   of 2 March 2010
   on the prevention and reduction of ethyl carbamate contamination in stone fruit spirits and stone fruit marc spirits and on the monitoring of ethyl carbamate levels in these beverages
   (Text with EEA relevance)
   (2010/133/EU)
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 292 thereof
   Whereas,

               (1)

               The Scientific Panel on Contaminants in the Food Chain of the European Food Safety Authority (EFSA) adopted on 20 September 2007 a scientific opinion on ethyl carbamate and hydrocyanic acid in food and beverages (1). In this opinion the Panel derived margins of exposure (MOE) for ethyl carbamate for different scenarios of food and beverage consumption. Based on these MOE the Panel concluded that ethyl carbamate in alcoholic beverages indicates a health concern, particularly with respect to stone fruit brandies, and recommended taking mitigation measures to reduce the levels of ethyl carbamate in these beverages. As hydrocyanic acid is an important precursor of ethyl carbamate formation in stone fruit spirits and stone fruit marc spirits, the Panel concluded that such measures should include focus on hydrocyanic acid and other precursors of ethyl carbamate, to prevent the formation of ethyl carbamate during the shelf-life of these products.

               (2)

               Maximum contents of hydrocyanic acid in stone fruit spirits and stone fruit marc spirits have been laid down in Regulation (EC) No 110/2008 of the European Parliament and of the Council of 15 January 2008 on the definition, description, presentation, labelling and the protection of geographical indications of spirit drinks and repealing Council Regulation (EEC) No 1576/89 (2). This Regulation stipulates that the maximum hydrocyanic acid content in stone fruit spirits and stone fruit marc spirits shall be 7 grams per hectolitre of 100 % vol. alcohol (70 mg/l).

               (3)

               A Code of Practice for the prevention and reduction of ethyl carbamate levels in stone fruit spirits and stone fruit marc spirits is considered a suitable tool to address the EFSA recommendations. This Code recommends Good Manufacturing Practices (GMP) for which there is evidence that lower ethyl carbamate levels can be achieved when they are applied. An ethyl carbamate target level of 1 mg/l in the ready-to-drink spirit is realistic and achievable when applying good practices.

               (4)

               The levels of ethyl carbamate in stone fruit spirits and stone fruit marc spirits should be monitored during a time period of three years and the results be used to assess the effects of this Code of Practice after three years of implementation. Furthermore, the possibility of setting a maximum level should be assessed.

         HAS ADOPTED THIS RECOMMENDATION:
   It is recommended that the Member States:

               1.

               take the necessary measures to ensure that the Code of Practice on the prevention and reduction of ethyl carbamate contamination in stone fruit spirits and stone fruit marc spirits as described in the Annex to this Recommendation, is implemented by all operators involved in the production, packaging, transport, holding and storage of stone fruit spirits and stone fruit marc spirits.

               2.

               ensure that all the appropriate measures are taken to achieve levels of ethyl carbamate in stone fruit spirits and stone fruit marc spirits as low as possible with the aim to achieve the level of 1 mg/l as a target.

               3.

               monitor levels of ethyl carbamate in stone fruit spirits and stone fruit marc spirits during the years 2010, 2011 and 2012 in order to assess the effects of the Code of Practice set out in the Annex to this Recommendation.

               4.

               report the monitoring data of the previous year to EFSA by 1 June each year with the information and in the format set out by EFSA.

               5.

               follow the sampling procedures for the purpose of the monitoring programme as laid down in part B of the Annex to Commission Regulation (EC) No 333/2007 of 28 March 2007 laying down the methods of sampling and analysis for the official control of the levels of lead, cadmium, mercury, inorganic tin, 3-MCPD and benzo(a)pyrene in foodstuffs (3).

               6.

               carry out the analysis of ethyl carbamate in accordance with the criteria laid down in points 1 and 2 of Annex III to Regulation (EC) No 882/2004 of the European Parliament and of the Council of 29 April 2004 on official controls to ensure the verification of compliance with feed and food law, animal health and animal welfare rules (4).

      Done at Brussels, 2 March 2010.

            For the Commission

         John DALLI

            Member of the Commission

      (1)  Opinion of the Scientific Panel on Contaminants in the Food chain on a request from the European Commission on ethyl carbamate and hydrocyanic acid in food and beverages, The EFSA Journal (2007) Journal number, 551, p. 1. http://www.efsa.europa.eu/en/scdocs/doc/Contam_ej551_ethyl_carbamate_en_rev.1,3.pdf

      (2)  OJ L 39, 13.2.2008, p. 16.

      (3)  OJ L 88, 29.3.2007, p. 29.

      (4)  OJ L 165, 3.4.2004, p. 1.

      ANNEX

         Code of Practice for the prevention and reduction of ethyl carbamate contamination in stone fruit spirits and stone fruit marc spirits

      INTRODUCTION

                  1.

                  Ethyl carbamate is a compound that occurs naturally in fermented foods and alcoholic beverages such as bread, yoghurt, soy sauce, wine, beer, and particularly in stone fruit spirits and stone fruit marc spirits, mainly those made from cherries, plums, mirabelles and apricots.

                  2.

                  Ethyl carbamate can be formed from various substances inherent in food and beverages, including hydrogen cyanide (or hydrocyanic acid), urea, citrulline, and other N-carbamyl compounds. Cyanate is probably the ultimate precursor in most cases, reacting with ethanol to form ethyl carbamate.

                  3.

                  In stone fruit distillates (stone fruit spirits and stone fruit marc spirits) ethyl carbamate can be formed from cyanogenic glycosides that are natural constituents of the stones. When mashing the fruit, the stones may be broken and cyanogenic glycosides from the stones may come into contact with enzymes in the fruit mash. Cyanogenic glycosides are then degraded to hydrocyanic acid/cyanides. Hydrocyanic acid may also be released from intact stones during a longer storage of the fermented mash. During the distillation process hydrocyanic acid may be enriched in all fractions. Under influence of light cyanide is oxidised to cyanate reacting with ethanol to form ethyl carbamate. Once the reaction has been triggered, it cannot be stopped.

                  4.

                  A major reduction in the concentration of ethyl carbamate could be achieved using two different approaches: first, by reducing the concentration of the main precursor substances; second, by reducing the tendency of these substances to react to form cyanate. The main influencing factors are the concentration of precursors (e.g. hydrocyanic acid and cyanides) and storage conditions, such as light exposure and temperature.

                  5.

                  Although no strong correlation between the level of hydrocyanic acid and ethyl carbamate has been established so far, it is evident that under certain conditions high concentrations of hydrocyanic acid lead to higher levels of ethyl carbamate. A potential increase in ethyl carbamate formation has been associated with levels at or above 1 mg/l hydrocyanic acid in the final distillate (1)
                      (2).

                  6.

                  Part I gives details of the production process. Part II contains specific recommendations based on Good Manufacturing Practices (GMP).

            I.   DESCRIPTION OF THE PRODUCTION PROCESS

                  7.

                  The production process for fruit spirits and fruit marc spirits involves mashing and fermentation of the whole fruit, followed by distillation. The process typically follows the steps listed below:

                              —

                              crushing the whole ripe fruit;

                              —

                              fermenting the mash in stainless steel tanks or other suitable fermentation vessels;

                              —

                              transferring the fermented mash into the distillation device, often a copper pot;

                              —

                              heating the fermented mash by a suitable heating method in order to slowly boil off the alcohol;

                              —

                              cooling the alcohol vapour in an appropriate (e.g. stainless steel) column where it condenses and is collected;

                              —

                              separation of three different fractions of alcohol: ‘heads’, ‘hearts’ and ‘tails’;

                  8.

                  During distillation, the heads boil off first. They can usually be recognised by their solvent or lacquer aromas. This fraction is generally unsuitable for consumption and should be discarded.

                  9.

                  During the middle distillation run (the ‘hearts’), the principal alcohol in all spirits, ethyl alcohol (ethanol), is distilled. This part of the distilling run, where the content of volatiles other than ethanol is lowest and the purest fruit aromas are found, is always collected.

                  10.

                  The ‘tails’ of the distillation include acetic acid and fusel oils, which are often identified by unpleasant vinegary and vegetal aromas. They are also discarded, but they may be re-distilled because some ethanol is invariably included with the tails.

            II.   RECOMMENDED PRACTICES BASED ON GOOD MANUFACTURING PRACTICES (GMP)

         Raw materials and preparation of fruit mash

                  11.

                  The raw materials and preparation of the fruit mash should be suitable to avoid the release of hydrocyanic acid.

                  12.

                  The stone fruits should be of high quality, not mechanically damaged and not microbiologically spoiled.

                  13.

                  The fruit should preferably be de-stoned.

                  14.

                  If the fruits are not de-stoned, they should be mashed gently to avoid crushing the stones.

         Fermentation

                  15.

                  Selected yeast strains for alcohol production should be added to the mashed fruits, according to the instructions for users.

                  16.

                  Mashed fermented fruits should be handled with high standards of hygiene, and exposure to light should be minimised. The fermented fruit mash should be stored as short as possible before distillation since hydrocyanic acid may also be released from intact stones during longer storage of the mash.

         Distillation equipment

                  17.

                  Distillation equipment and the distillation process should be suitable, to ensure that hydrocyanic acid is not transferred into the distillate.

                  18.

                  The distillation equipment should include automatic rinsing devices and copper catalytic converters. The automatic rinsing devices will keep the stills cleaned while the copper catalytic converters will bind hydrocyanic acid before it passes into the distillate.

                  19.

                  Automatic rinsing devices are not necessary in the case of discontinuous distillation. The distillation equipment should be cleaned by systematic and thorough cleaning procedures.

                  20.

                  In certain cases, when no copper catalytic converters or other dedicated cyanide separators are used, copper agents should be added to the fermented fruit mash before distillation. The purpose of the copper agents is to bind hydrocyanic acid. Copper agents are sold at specialised shops and should be used very carefully according to the manufacturer’s instructions.

         Distillation process

                  21.

                  Stones settled in the fermented mash should not be pumped into the distillation device.

                  22.

                  Distillation should be carried out in such a way that alcohol is boiled off slowly (e.g. by using steam instead of a direct flame as the heating source).

                  23.

                  The first fractions of the distillate, called ‘heads’, should be separated carefully.

                  24.

                  The middle fraction, called ‘hearts’, should then be collected and should be stored in the dark. When the alcohol content reaches 50 % vol. in the receiver, collection should be switched to the ‘tails’, so that any ethyl carbamate that may have been formed is separated in the tail fraction.

                  25.

                  The separated tails, possibly containing ethyl carbamate, should be collected and if they are used for re-distilling, they should be re-distilled separately.

         Checks on the distillate, re-distillation and storage

         Hydrocyanic acid

                  26.

                  The distillates should be regularly checked for their levels of hydrocyanic acid. The determination should be carried out by appropriate tests, either by kits for rapid testing of the hydrocyanic acid levels, or, alternatively, by a specialist laboratory.

                  27.

                  If the concentration of hydrocyanic acid in the distillate exceeds a level of 1 mg/l, re-distillation with catalytic converters or copper agents (cf. points 18 and 20) is recommended, where appropriate.

                  28.

                  Distillates with hydrocyanic acid levels close to 1 mg/l should ideally also be re-distilled or, where this is not possible, be stored in lightproof bottles or covering boxes with storage times as short as possible in order to avoid ethyl carbamate formation during storage.

         Ethyl carbamate

                  29.

                  Testing of ethyl carbamate is recommended for distillates in which the compound may already have been formed (e.g. distillates with unknown history of production, higher levels of cyanide, storage at light). The level of ethyl carbamate can only be tested by a specialist laboratory.

                  30.

                  If the distillate shows an ethyl carbamate concentration exceeding the target level of 1 mg/l, the distillate should be re-distilled, where appropriate.

         (1)  Christoph, N., Bauer-Christoph C., Maßnahmen zur Reduzierung des Ethylcarbamatgehaltes bei der Herstellung von Steinobstbränden (I), Kleinbrennerei 1998; 11: 9-13.

         (2)  Christoph, N., Bauer-Christoph C., Maßnahmen zur Reduzierung des Ethylcarbamatgehaltes bei der Herstellung von Steinobstbränden (II), Kleinbrennerei 1999; 1: 5-13.


title: Commission Recommendation of 23 October 2006 adapting Recommendation 2000/473/Euratom on the application of Article 36 of the Euratom Treaty concerning the monitoring of the levels of radioactivity in the environment for the purpose of assessing the exposure of the population as a whole, by reason of the accession of Bulgaria and Romania (notified under document number C(2006) 4931)

text:
               24.10.2006

               EN

               Official Journal of the European Union

               L 293/17

      COMMISSION RECOMMENDATION

   of 23 October 2006
   adapting Recommendation 2000/473/Euratom on the application of Article 36 of the Euratom Treaty concerning the monitoring of the levels of radioactivity in the environment for the purpose of assessing the exposure of the population as a whole, by reason of the accession of Bulgaria and Romania
   (notified under document number C(2006) 4931)
   (2006/715/Euratom)
   THE COMMISSION OF THE EUROPEAN COMMUNITIES,
   Having regard to the Treaty of Accession of Bulgaria and Romania, and in particular Article 4(3) thereof,
   Having regard to the Act of Accession of Bulgaria and Romania, and in particular Article 56 thereof,
   Whereas:

               (1)

               Pursuant to Article 56 of the Act of Accession, where acts which remain valid beyond 1 January 2007 require adaptation by reason of accession, and the necessary adaptations have not been provided for in the Act of Accession or its Annexes, the necessary adaptations are to be adopted by the Commission in all cases where the Commission adopted the original act.

               (2)

               The Final Act of the Conference which drew up the Treaty of Accession indicated that the High Contracting Parties had reached political agreement on a set of adaptations to acts adopted by the Institutions required by reason of accession and invited the Council and the Commission to adopt these adaptations before accession, completed and updated where necessary to take account of the evolution of the law of the Union.

               (3)

               Commission Recommendation 2000/473/Euratom of 8 June 2000 on the application of Article 36 of the Euratom Treaty concerning the monitoring of the levels of radioactivity in the environment for the purpose of assessing the exposure of the population as a whole (1) should therefore be amended accordingly,

         HEREBY RECOMMENDS:

               1.

               Recommendation 2000/473/Euratom is amended as set out in the Annex.

               2.

               This Recommendation shall enter into force subject to, and on the date of, the entry into force of the Treaty of Accession of Bulgaria and Romania.

               3.

               This Recommendation is addressed to the Member States.

      Done at Brussels, 23 October 2006.

            For the Commission

         Olli REHN

            Member of the Commission

      (1)  OJ L 191, 27.7.2000, p. 37. Recommendation as amended by the 2003 Act of Accession.

      ANNEX
      ENVIRONMENT
      RADIATION PROTECTION
      32000 H 0473: Commission Recommendation 2000/473/Euratom of 8 June 2000 on the application of Article 36 of the Euratom Treaty concerning the monitoring of the levels of radioactivity in the environment for the purpose of assessing the exposure of the population as a whole (OJ L 191, 27.7.2000, p. 37), as amended by:

                  —

                  12003 T: Act concerning the conditions of accession and the adjustments to the Treaties — Accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic (OJ L 236, 23.9.2003, p. 33).

            In Annex II, the following is added to the table:

                     ‘BG

                     Bulgaria

                     RO

                     Romania’

      and the map is replaced by the following:

         ‘Definition of the geographical regions

            ’.


title: Recommendation of the European Central Bank of 20 May 2005 to the Council of the European Union on the external auditor of De Nederlandsche Bank (ECB/2005/9)

text:
               22.6.2005

               EN

               Official Journal of the European Union

               C 151/29

      RECOMMENDATION OF THE EUROPEAN CENTRAL BANK

   of 20 May 2005
   to the Council of the European Union on the external auditor of De Nederlandsche Bank
   (ECB/2005/9)
   (2005/C 151/08)
   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)

               The mandate of the current external auditor of De Nederlandsche Bank (hereinafter ‘DNB’) has expired and will not be renewed. It is therefore necessary to appoint an external auditor from the financial year 2005.

               (3)

               DNB has selected Josephus Andreas Nijhuis, Registered Accountant and chairman of the board of PricewaterhouseCoopers BV, acting in his personal capacity, as its external auditor starting from the financial year 2005, and the ECB considers that the selected auditor fulfils the necessary requirements for appointment.

               (4)

               The mandate of the external auditor will be for an indeterminate period, but should be confirmed each year,

         HAS ADOPTED THIS RECOMMENDATION:
   It is recommended that Josephus Andreas Nijhuis, Registered Accountant and chairman of the board of PricewaterhouseCoopers BV, acting in his personal capacity, should be appointed as the external auditor of DNB from the financial year 2005 for an indeterminate period, subject to his being reconfirmed each year.

      Done at Frankfurt am Main, 20 May 2005.

            The President of the ECB

         Jean-Claude TRICHET


title: Commission Recommendation of 4 December 2008 on criteria for the export of radioactive waste and spent fuel to third countries (notified under document number C(2008) 7570)

text:
               17.12.2008

               EN

               Official Journal of the European Union

               L 338/69

      COMMISSION RECOMMENDATION

   of 4 December 2008
   on criteria for the export of radioactive waste and spent fuel to third countries
   (notified under document number C(2008) 7570)
   (2008/956/Euratom)
   THE COMMISSION OF THE EUROPEAN COMMUNITIES,
   Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Articles 33, second paragraph, and 124, second indent, thereof,
   Having regard to Council Directive 2006/117/Euratom of 20 November 2006 on the supervision and control of shipments of radioactive waste and spent fuel (1), and in particular Article 16(2) thereof,
   Whereas:

               (1)

               Radiation protection principles agreed at international level form the basis of the measures protecting against the danger of ionising radiation emitted by radioactive waste or spent fuel.

               (2)

               Such principles, to be effective, have to be part of a national regulatory system.

               (3)

               In accordance with the safety culture prevailing in the Community as regards activities involving radioactive substances, an effective independence of roles between regulatory authorities and operators is required to ensure the appropriate management of radioactive waste or spent fuel.

               (4)

               The decision to authorise shipments of radioactive waste or spent fuel to third countries is the responsibility of the competent authorities of the exporting Member State.

               (5)

               The competent authorities of the exporting Member State should form an opinion, in accordance with the criteria referred to in Article 16(1)(c) of Directive 2006/117/Euratom, on the third countries’ administrative and technical capacity for the safe management of radioactive waste and spent fuel, as well as the appropriateness of their regulatory structures.

               (6)

               Member States, in implementing those criteria, should apply a principle of hierarchy among them.

               (7)

               The Joint Convention on the Safety of Spent Fuel Management and on the Safety of Radioactive Waste Management is the fundamental relevant international legal instrument addressing the safety of spent fuel and radioactive waste management.

               (8)

               In addition to the compliance with the set of criteria, other considerations, such as political, economic, social, ethical, scientific and public security matters, may be taken into account for authorising shipments of radioactive waste or spent fuel to a third country.

               (9)

               Article 2 of Directive 2006/117/Euratom deals with the right of a Member State or an undertaking in the Member State to which radioactive waste is to be shipped for processing or other material is to be shipped with the purpose of recovering the radioactive waste, to return the radioactive waste after treatment to its country of origin. It also provides that Directive 2006/117/Euratom does not affect the right of a Member State or an undertaking in that Member State to which spent fuel is to be shipped for reprocessing to return to its country of origin radioactive waste recovered from the reprocessing operation.

               (10)

               The criteria established by this recommendation are in accordance with the opinion of the Advisory Committee instituted under Article 21 of Directive 2006/117/Euratom,

         HEREBY RECOMMENDS:

               1.

               The main requirements relating to the export of radioactive waste or spent fuel to third countries referred to in Article 16(1)(c) of Directive 2006/117/Euratom should be as follows:

                           (a)

                           appropriate national provisions for radiological protection for workers and the general public should be established and enforced; they should be consistent with relevant internationally endorsed standards on radiation protection;

                           (b)

                           a coherent legislative framework for the regulation of activities involving a hazard from radioactive substances, including radioactive waste and spent fuel should be laid down;

                           (c)

                           effective independent regulatory authorities should be set up being competent for issuing licences, reviewing them, assessing demands, being in charge of inspection and enforcement functions and having adequate resources;

                           (d)

                           a clear allocation of responsibilities of the bodies involved in the different steps of spent fuel and radioactive waste management, particularly between operators and regulatory authorities should be provided for;

                           (e)

                           a system of reporting to, or authorising by, such authorities for organisations managing radioactive waste or spent fuel;

                           (f)

                           the assurance that the prime responsibility for the safety of spent fuel or radioactive waste management rests with the holder of the relevant licence and that each such licence holder meets its responsibilities;

                           (g)

                           the availability of qualified staff as needed for safety-related activities during the operating lifetime of a spent fuel and a radioactive waste management facility; and of adequate financial resources to support the safety of facilities for spent fuel and radioactive waste management during their operating lifetime and for decommissioning;

                           (h)

                           the establishment and enforcement of an adequate national third party liability regime;

                           (i)

                           the establishment and implementation of appropriate quality assurance programmes concerning the safety of spent fuel and radioactive waste management;

                           (j)

                           adequate protective and corrective measures, including the provision of information to the population groups concerned and the preparation and testing of emergency plans, which will apply in the event of a radiological emergency in order to control the release and mitigate its effects.

               2.

               In order to evaluate whether the above requirements for exports of radioactive waste and spent fuel to third countries are met, Member States should take into consideration the third countries’ compliance with the following criteria:

                           (a)

                           leading criteria:

                                       —

                                       IAEA membership and resultant adherence to the relevant safety standards of the International Atomic Energy Agency,

                                       —

                                       signature and ratification of, and compliance with the Joint Convention on the Safety of Radioactive Waste Management and the Safety of Spent Fuel Management, thus showing willingness to fulfil the obligations arising from the Joint Convention and demonstrating compliance with their relevant provisions addressing the safety of spent fuel and radioactive waste management,

                                       —

                                       signature and ratification of the Convention on Physical Protection of Nuclear Material and its amendment as expression of the obligation with prevention, detection and punishment of offences relating to nuclear material,

                                       —

                                       signature and ratification of, and compliance with the Convention on Nuclear Safety (CNS) as the most important legal instrument in the field of nuclear safety that also contains important provisions on emergency preparedness and radiation protection,

                                       —

                                       submission of spent fuel facilities to an IAEA safeguards agreement in connection with the signature and ratification of the Non-Proliferation Treaty (NPT) and related additional protocols to demonstrate that spent nuclear fuel is not diverted from its intended peaceful uses,

                                       —

                                       signature and ratification of, or compliance with either the Vienna Convention on Civil Liability for Nuclear Damage, the Protocol to Amend the Vienna Convention on Civil Liability for Nuclear Damage, the Convention for Supplementary Compensation for Nuclear Damage or the Convention on Third Party Liability in the Field of Nuclear Energy of 29 July 1960, as amended by the Additional Protocol of 28 January 1964 and by the Protocol of 16 November 1982 (Paris Convention) in order to demonstrate that the licence holder carries the main responsibility in the event of nuclear damage;

                           (b)

                           additional criteria:

                                       —

                                       signature and ratification of, and compliance with the Convention on Assistance in the Case of a Nuclear Accident and Radiological Emergency (AC) and the Convention on Early Notification in a Nuclear Accident (ENC) to demonstrate that appropriate information will be given to the affected population in the event of a radiological emergency and that adequate protective and corrective measures, including the preparation and testing of emergency plans, will apply in the event of a radiological emergency in order to control the release and mitigate its effects,

                                       —

                                       compliance with international instruments concerning transport safety of dangerous goods, particularly the SOLAS and the Chicago Conventions, to demonstrate that effective checks on maritime and air transports of dangerous goods are actually carried out.

               3.

               Without prejudice to paragraph 1, other considerations, for example regarding political, economic, social, ethical, scientific and public security matters, may be taken into account by the competent authorities of Member States when considering whether to authorise shipments of radioactive waste or spent fuel to third countries.

               4.

               Competent authorities of Member States cooperate with a view to exchanging information on the application of this Recommendation.

      This Recommendation is addressed to the Member States.
      Done at Brussels, 4 December 2008.

            For the Commission

         Andris PIEBALGS

            Member of the Commission

      (1)  OJ L 337, 5.12.2006, p. 21.