Important legal notice

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52005SC0143

Recommendation for a Council opinion in accordance with the third paragraph of Art. 5 of Council Regulation (EC) No 1466/97 of 7 July 1997 On the updated stability programme of Belgium, 2004-2008  /* SEC/2005/0143 final */

	Brussels, 2.2.2005SEC(2005) 143 finalRecommendation for aCOUNCIL OPINIONin accordance with the third paragraph of Art. 5 of Council Regulation (EC) No 1466/97 of 7 July 1997 On the updated stability programme of Belgium, 2004-2008(presented by the Commission)EXPLANATORY MEMORANDUMCouncil Regulation (EC) No 1466/97 on the strengthening of the surveillance of budgetary positions and the surveillance and coordination of economic policies[1] stipulates that participating Member States, that is, those which have adopted the single currency, had to submit stability programmes to the Council and the Commission by 1 March 1999. In accordance with Article 5 of this Regulation, the Council had to examine each stability programme based on assessments prepared by the Commission and the Committee set up by Article 114 of the Treaty (the Economic and Financial Committee). On the basis of a recommendation from the Commission and after having consulted the Economic and Financial Committee, the Council delivered an opinion, following its examination of the programme. According to the Regulation, Member States need to submit annual updates of their stability programmes, which may also be examined by the Council in accordance with these same procedures.The first stability programme of Belgium, covering the period 1999-2002, was submitted on 18 December 1998 and assessed by the Council on 15 March 1999. Updates were presented every following year. Belgium submitted the most recent update of its stability programme on 6 December 2004. The Commission services have carried out a technical evaluation of this update, taking into account the results of their own Autumn 2004 economic forecasts, and having regard to the code of conduct[2], the commonly agreed methodology for the estimation of potential output and cyclically-adjusted balances, the recommendations in the broad economic policy guidelines for the period 2003-2005 and the principles laid down in the Communication from the Commission to the Council and the European Parliament of 27 November 2002 on strengthening the coordination of budgetary policies[3]. This evaluation is as follows:-  The Belgian 2004 stability programme update was approved by the Belgian government on 3 December 2004 and submitted on 6 December 2004. The programme covers the period 2004-2008. It broadly complies with the data requirements of the “code of conduct on the content and format of stability and convergence programmes”. The programme does not include compulsory data on short- and long-term interest rates and a number of optional variables.-  The programme is based on the assumption of economic growth of 2.5% in 2005 and 2006, slowing down to 2.0% in 2008. The macroeconomic scenario for 2005 and 2006 is very close to the Commission services’ autumn 2004 forecast. The real GDP growth rates projected for 2007 and 2008 are marginally lower than the Commission services estimate for potential economic growth obtained from an application of the commonly agreed methodology to the figures of the programme. Accordingly, the macroeconomic scenario can be considered plausible.-  The budgetary strategy outlined in the update aims to keep a balanced budget or a small surplus and maintain the debt ratio on a downward trend to prepare for the budgetary impact of the ageing population. The update targets a balanced budget in 2005 and 2006 and a surplus of 0.3% of GDP in 2007. This is the same as in the previous programme despite lower growth assumptions for 2005 in the current update. In 2008 a surplus of 0.6% of GDP is planned. Primary surpluses are projected to remain at around 4.5% of GDP, slightly lower than the projected 2004 outturn of 4.9% of GDP. This is due to the ongoing implementation of the 2001 direct tax reform and higher public investment ahead of the 2006 local elections. Primary surpluses should start rising again toward the end of the programme period. The programme foresees a declining interest burden, mainly as a result of the ongoing debt reduction. Revenue is expected to decrease towards 2006 and remain stable afterwards, while primary expenditure decreases slightly towards 2008. The cyclically-adjusted balance is projected to remain positive throughout the programme period, decreasing from a surplus of 0.5% of GDP in 2004 to 0.1% in 2006 and then picking up again to 0.9% in 2008.-  The budgetary strategy of the update appears to be broadly balanced. So far the Belgian government has not yet announced what measures it will take in order to keep the 2006 budget in balance, despite the decrease by 0.3% of GDP as a result of the continued implementation of the 2001 direct tax reform and the fact that the 2005 budget benefits from a series of smaller one-off operations (in total about 0.2% of GDP). Also, while the macroeconomic scenario is plausible, the Belgian government balance remains relatively sensitive to changes in economic growth (sensitivity of 0.6). Finally, there is also some risk as regards the control of primary expenditure, mainly at the level of the social security system. The overrun recorded in the health care system in 2004 (despite the already high annual real growth target of 4.5%) suggests continued strong growth of these expenditures. While new measures were announced near the end of 2004 to reduce costs in health care (in total 0.2% of GDP), their effectiveness is still difficult to evaluate. On the other hand, for the greater part of 2005 the minister of social affairs has been given a mandate to take necessary measures without prior parliamentary (or other) consultation, to enable a quick response to a possible further overrun. More generally, the Belgian government has also gained credibility for keeping its commitment to take measures to maintain a balanced budget. In view of this risk assessment, the risks to the budgetary targets appear to be broadly balanced and the budgetary stance in the programme is sufficient to adhere to the Stability and Growth Pact’s medium-term objective of a budgetary position of close-to-balance or in surplus. In addition, there is a sufficient margin against the risk of breaching the 3% of GDP reference value for the deficit in the event of normal cyclical fluctuations.-  The debt ratio has been falling steadily since 1993 but remains well above the 60% of GDP reference value. In 2004 it fell to 96.6%, less than foreseen in the previous update of the stability programme. Continued high primary surpluses and reduced interest payments are the main drivers for a further reduction of the debt ratio. Stock-flow adjustments are generally small, but in 2005 the government is planning to assume a EUR 7.4 billion debt from the national railway company SNCB (2.5% of GDP). The integration of the SNCB debt slows down the debt reduction in 2005, but otherwise the planned debt reduction is faster than scheduled in the previous update. The projected path for the debt is affected by the same uncertainties as the deficit, but all in all it can be considered plausible.-  As mentioned above, the update outlines a number of planned measures to contain the cost of health-care expenditure (such as measures to control the cost of medicines or a case-related payment system for the most frequent types of medical treatment in hospitals) within its real growth objective of 4.5% annually. As regards initiatives to address low employment rates, the programme announces negotiations between social partners and the government which should result in new measures to limit access to the system of early retirement and to increase further the effective number of working years on the basis of social agreements. However, the outcome of these negotiations is still uncertain. All in all, the process of removing incentives to early retirement remains slow and few new concrete initiatives have been announced.-  With regard to the long-term sustainability of the public finances, Belgium appears to be at some risk on grounds of the current level of gross debt. While declining, the debt ratio is still high and a steady reduction hinges upon sustaining high primary surpluses for a prolonged period. The strategy for coping with the budgetary cost of an ageing population outlined in the programme is mainly based on gross debt reduction through maintaining a balanced budgetary position or a small surplus (itself relying primarily on primary expenditure restraint) and an ageing fund. Containing primary expenditures might prove difficult, especially in the health care sector, but is important in view of the government’s strategy of reducing the tax burden in order to create employment. Given the projected increase in the old-age dependency ratio (measured as the number of persons over the age of 60 per 100 persons aged 20 to 59), pursuing this broad strategy with determination is crucial to the achievement of long-term sustainability.-  Regarding the Broad Economic Policy Guidelines, the economic policies outlined in the update are broadly consistent with the country-specific guidelines in the area of public finances. In particular, the update ensures that the debt ratio is kept on a sustained declining trend. In view of recent overruns in health-care spending (for which the target growth rate in real terms is set at a relatively high annual 4.5%), some risk exists in breaching the guideline to limit the real expenditure growth in entity I (federal government and social security) to 1.5%. Therefore, maintaining high primary surpluses and limiting real expenditure growth is important, especially in view of the financial needs implied by ageing.On the basis of this assessment, the Commission has adopted the attached recommendation for a Council Opinion on the updated stability programme of Belgium and is forwarding it to the Council.Recommendation for aCOUNCIL OPINIONin accordance with the third paragraph of Art. 5 of Council Regulation (EC) No 1466/97 of 7 July 1997 On the updated stability programme of Belgium, 2004-2008THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community,Having regard to Council Regulation (EC) No 1466/97 of 7 July 1997 on the strengthening of the surveillance of budgetary positions and the surveillance and coordination of economic policies[4], and in particular Article 5(3) thereof,Having regard to the recommendation of the Commission,After consulting the Economic and Financial Committee,HAS DELIVERED THIS OPINION:On [17 February 2005] the Council examined the updated stability programme of Belgium, which covers the period 2004 to 2008. The programme broadly complies with the data requirements of the “code of conduct on the content and format of stability and convergence programmes”. The programme does not include some compulsory and a number of optional variables. Accordingly, Belgium is invited to achieve compliance with the data requirements.The macroeconomic scenario underlying the programme envisages a real GDP growth of 2.5% in 2005 and 2006, slowing down to 2.0% towards the end of the programme period. On the basis of currently available information, this scenario reflects plausible growth assumptions. The programme’s projections for inflation also appear realistic.The budgetary strategy outlined in the update aims to maintain a balanced budget or a small surplus and the debt ratio on a downward trend to prepare for the budgetary impact of the ageing population. The update projects a balanced budget in 2005 and 2006 and a surplus of 0.3% of GDP in 2007 and 0.6% in 2008. Overall, compared with the previous update (which ended in 2007), the current update broadly confirms the planned adjustment against a broadly unchanged macroeconomic scenario. Because of the impact of the ongoing implementation of the 2001 direct tax reform and higher public investment in the run-up to the 2006 local elections, the primary surplus is projected to fall slightly towards 2006 but to rise again afterwards. The programme foresees a declining interest burden, mainly as a result of ongoing debt reduction. Revenue is expected to decrease until 2006 and remain stable afterwards, while primary expenditure decreases slightly towards 2008. The cyclically-adjusted balance (based on the information in the programme, using the commonly agreed methodology) is projected to remain positive throughout the programme period, decreasing from a surplus of 0.5% of GDP in 2004 to 0.1% in 2006 and then picking up again to 0.9% in 2008.The risks to the budgetary projections in the programme appear broadly balanced. In particular, the Belgian government has not yet announced what measures it will take in order to keep the 2006 budget in balance, despite the decrease by 0.3% of GDP as a result of the continued implementation of the 2001 direct tax reform and the fact that the 2005 budget benefits from a series of smaller one-off operations (in total about 0.2% of GDP). Also, while the macroeconomic scenario is plausible, the Belgian government balance remains relatively sensitive to changes in economic growth (sensitivity of 0.6). Finally, there is also some risk as regards the control of primary expenditure, mainly at the level of the social security system. The overrun recorded in the health care system in 2004 (despite the already high annual real growth target of 4.5%) suggests continued strong growth of these expenditures. New measures were announced near the end of 2004 to reduce costs in health care (in total 0.2% of GDP), but their effectiveness is still difficult to evaluate. On the other hand, for the larger part of 2005 the minister of social affairs has been given a mandate to take necessary measures without prior parliamentary (or other) consultation, to enable a quick response to a possible further overrun. More generally, the Belgian government has gained credibility for keeping its commitment to take measures to maintain a balanced budget.In view of this risk assessment, the risks to the budgetary targets appear to be broadly balanced and the budgetary stance in the programme seems sufficient to adhere to the Stability and Growth Pact’s medium-term objective of a budgetary position of close-to-balance or in surplus. In addition, there is a sufficient margin against the risk of breaching the 3% of GDP reference value for the deficit in the event of normal cyclical fluctuations in each year.The debt ratio is estimated to have reached 96.6% of GDP in 2004, well above the 60% of GDP Treaty reference value. The programme projects the debt ratio to decline by 12.4 percentage points over the programme period to 84.2% of GDP in 2008. This figure includes the assumption of a EUR 7.4 billion debt (2.5% of GDP) from the national railway company SNCB in 2005. The integration of the SNCB debt slows down the debt reduction in 2005, but otherwise the planned debt reduction is faster than scheduled in the previous update.With regard to the long-term sustainability of the public finances, Belgium appears to be at some risk on grounds of the current level of gross debt. While declining, the debt ratio is still high and a steady reduction hinges upon sustaining high primary surpluses for a prolonged period. The strategy for coping with the budgetary cost of an ageing population outlined in the programme is mainly based on gross debt reduction through maintaining a balanced budgetary position or a small surplus (itself relying primarily on primary expenditure restraint) and an ageing fund. Containing primary expenditures might prove difficult, especially in the health care sector, but is important in view of the government’s strategy of reducing the tax burden in order to create employment. Given the projected increase in the old-age dependency ratio, pursuing this broad strategy with determination is crucial to the achievement of long-term sustainability.The economic policies outlined in the update are broadly consistent with the country-specific broad economic policy guidelines in the area of public finances. In particular, the update ensures that the debt ratio is kept on a sustained declining trend. In view of recent overruns in health-care spending (for which the target growth rate in real terms is set at a relatively high 4.5% annual rate), some risk exists in breaching the guideline to limit the real expenditure growth in entity I (federal government and social security) to 1.5%. Therefore, maintaining high primary surpluses and limit real expenditure growth is important, especially in view of the financial needs implied by ageing.Comparison of key macroeconomic and budgetary projections2004 | 2005 | 2006 | 2007 | 2008 |Real GDP (% change) | SP Dec 2004 | 2.4 | 2.5 | 2.5 | 2.1 | 2.0 |COM Oct 2004 | 2.5 | 2.5 | 2.6 | n.a. | n.a. |SP Nov 2003 | 1.8 | 2.8 | 2.5 | 2.1 | n.a. |HICP inflation (%) | SP Dec 2004 | 1.9 | 2.0 | 1.8 | 1.8 | 1.8 |COM Oct 2004 | 2.0 | 1.9 | 1.8 | n.a. | n.a. |SP Nov 2003 | 1.4 | 1.4 | 1.4 | 1.4 | n.a. |General government balance (% of GDP) | SP Dec 2004 | 0.0 | 0.0 | 0.0 | 0.3 | 0.6 |COM Oct 2004 | -0.1 | -0.3 | -0.5 | n.a. | n.a. |SP Nov 2003 | 0.0 | 0.0 | 0.0 | 0.3 | n.a. |Primary balance (% of GDP) | SP Dec 2004 | 4.9 | 4.5 | 4.4 | 4.5 | 4.7 |COM Oct 2004 | 4.8 | 4.2 | 3.6 | n.a. | n.a. |SP Nov 2003 | 5.1 | 4.8 | 4.7 | 4.8 | n.a. |Cyclically-adjusted balance (% of GDP) | SP Dec 20041 | 0.5 | 0.3 | 0.1 | 0.5 | 0.9 |COM Oct 2004 | 0.4 | 0.0 | -0.4 | n.a. | n.a. |SP Nov 20031 | 0.6 | 0.2 | 0.0 | 0.3 | n.a. |Government gross debt (% of GDP) | SP Dec 2004 | 96.6 | 95.5 | 91.7 | 88.0 | 84.2 |COM Oct 2004 | 95.8 | 94.4 | 90.9 | n.a. | n.a. |SP Nov 2003 | 97.6 | 93.6 | 90.1 | 87.0 | n.a. |Note: 1Commission services calculations on the basis of the information in the programme. Sources: Stability programme (SP); Commission services autumn 2004 economic forecasts (COM); Commission services calculations. |[1] OJ L 209, 2.8.1997. All the documents referred to in this text can be found at the following website:http://europa.eu.int/comm/economy_finance/about/activities/sgp/main_en.htm.[2] Revised Opinion of the Economic and Financial Committee on the content and format of stability and convergence programmes, endorsed by the ECOFIN Council on 10.7.2001.[3] COM(2002) 668 final, 27.11.2002.[4] OJ L 209, 2.8.1997, p. 1. The documents referred to in this text can be found at the following website:http://europa.eu.int/comm/economy_finance/about/activities/sgp/main_en.htm.


title: Commission Recommendation of  7 December 2005  on the release of security oil stocks following the supply disruption caused by Hurricane Katrina  (notified under document number C(2005) 4655)

text:
               13.12.2005

               EN

               Official Journal of the European Union

               L 326/37

      COMMISSION RECOMMENDATION

   of 7 December 2005
   on the release of security oil stocks following the supply disruption caused by Hurricane Katrina
   (notified under document number C(2005) 4655)
   (2005/885/EC)
   THE COMMISSION OF THE EUROPEAN COMMUNITIES,
   Having regard to the Treaty establishing the European Community, and in particular Article 211, second indent, thereof,
   Whereas:

               (1)

               Council Directive 68/414/EEC (1) imposes an obligation on Member States to maintain minimum stocks of crude oil and/or petroleum products.

               (2)

               The losses in production of crude oil and petroleum products caused by Hurricane Katrina disrupted the world’s oil supply, therefore also affecting the Community’s oil supplies.

               (3)

               In the wake of Hurricane Katrina the International Energy Agency (IEA) asked a number of Member States to participate in an international initial collective action in response to the supply disruptions caused by the hurricane, to cover the loss of oil production during the period from 2 September 2005 to 2 October 2005, but which may also entail action beyond 2 October 2005 in some Member States.

               (4)

               Member States which are not member countries of the IEA have expressed their support for the emergency action taken by the Member States participating in the stock releases.

               (5)

               Participation in the initial collective action could result in some Member States reducing their security oil stocks below the compulsory minimum levels laid down by Directive 68/414/EEC.

               (6)

               The second paragraph of Article 7 of Directive 68/414/EEC requires Member States to refrain from drawing on their stocks to any extent which would reduce those stocks to below the compulsory minimum level, prior to the consultation provided for in the first paragraph of Article 7 of that Directive.

               (7)

               The amounts of security oil stocks to be released by individual Member States are not expected to bring the overall level of security oil stocks in the Community below the compulsory minimum levels.

               (8)

               The overall level of security stocks of gasoline (Category I) in the Community is well above the compulsory minimum level and far greater, in terms of number of days of daily internal consumption of the Community, than the level of stocks of gas oils (Category II).

               (9)

               Once the release of stocks has finished, Member States will need to replenish their security oil stocks up to the compulsory minimum levels. In order to avoid placing unnecessary pressure on the oil market, such replenishment is expected to take place over an extended period of time, including the year 2006.

               (10)

               Article 1 of Council Directive 73/238/EEC of 24 July 1973 on measures to mitigate the effects of difficulties in the supply of crude oil and petroleum products (2) indicates that the powers provided to competent authorities of Member States in the event of difficulties arising in the supply of crude oil or petroleum products should enable them to impose, amongst other measures, specific or broad restrictions on consumption.

               (11)

               Article 3 of Directive 73/238/EEC states that consultations between the Member States and the Commission are due to take place through a group (i.e. the Oil Supply Group) to ensure the coordination of measures taken or proposed by Member States under Article 1 of that Directive.

               (12)

               The measures referred to in this Recommendation correspond to the results of the consultations carried out pursuant to the first paragraph of Article 7 of Directive 68/414/EEC and Article 3 of Directive 73/238/EEC,

         HEREBY RECOMMENDS:

               1.

               In their plans for releasing security oil stocks following the supply disruption caused by Hurricane Katrina, Member States should give preference to the release of gasoline stocks, which belong to Category I, rather than gas oil stocks belonging to Category II.

               2.

               Member States should proceed with their plans for releasing security oil stocks in order to participate in the international collective action following the supply disruption caused by Hurricane Katrina, to cover the loss of oil production during the period from 2 September to 2 October 2005, even if such stock release temporarily brings their security oil stocks below the compulsory minimum levels.

               3.

               Member States should replenish their security oil stocks in coordination with the Commission which will facilitate, on a country-by-country basis, the adoption by Member States of flexible schemes taking due account of the market conditions. Member States should submit their replenishment plans once they have released all the security oil stocks they intend to release.

               4.

               At meetings of the Oil Supply Group, starting with the meeting before the end of year 2005, Member States should explore possible measures for restricting oil consumption, including demand restraint measures, in the event of further oil supply disruptions. In particular, Member States should consider two separate sets of demand restraint measures, one set of ‘soft’ and highly cost-effective measures for minor oil supply disruptions and another set for major ones. Member States should commit to coordinate the implementation of such measures through the Oil Supply Group.

               5.

               This Recommendation is addressed to the Member States.

      Done at Brussels, 7 December 2005.

            For the Commission

         Andris PIEBALGS

            Member of the Commission

      (1)  OJ L 308, 23.12.1968, p. 14. Directive as last amended by Directive 98/93/EC (OJ L 358, 31.12.1998, p. 10).

      (2)  OJ L 228, 16.8.1973, p. 1.


Important legal notice

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31983H0419

83/419/EEC: Council Recommendation of 25 July 1983 on the ratification of or accession to the 1979 International Convention on Maritime Search and Rescue (SAR)

Official Journal L 237 , 26/08/1983 P. 0034 - 0034 Spanish special edition: Chapter 07 Volume 3 P. 0165  Portuguese special edition Chapter 07 Volume 3 P. 0165

		Council Recommendationof 25 July 1983on the ratification of or accession to the 1979 International Convention on Maritime Search and Rescue (SAR)(83/419/EEC)THE COUNCIL OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Economic Community,Whereas on 27 April 1979 an International Convention on Maritime Search and Rescue was approved in Hamburg under the auspices of the Intergovernmental Maritime Consultative Organization (IMCO);Whereas, in view of the great importance of the said Convention with regard to the search for and rescue of persons in distress at sea, the Convention should enter into force as soon as possible;Whereas ratification or accession by all the Member States will not only help to bring the Convention into force in accordance with the principles of international law but will also ensure a unified search and rescue service in the coastal waters of the Community and thereby increase the effectiveness of the Convention,HEREBY RECOMMENDS:that inasmuch as they have not already done so, the Member States ratify or accede to the 1979 International Convention on Maritime Search and Rescue as soon as they can.Done at Brussels, 25 July 1983.For the CouncilThe PresidentC. Simitis--------------------------------------------------


title: COUNCIL RECOMMENDATION of 18 March 1991 concerning the discharge to be given to the Commission in respect of the implementation of the operations of the European Development Fund (1979) (Fifth EDF) for the financial year 1989 (91/150/EEC) #

text:
Avis juridique important

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31991H0150

COUNCIL RECOMMENDATION of 18 March 1991 concerning the discharge to be given to the Commission in respect of the implementation of the operations of the European Development Fund (1979) (Fifth EDF) for the financial year 1989 (91/150/EEC)  -

Official Journal L 075 , 21/03/1991 P. 0054 - 0054

COUNCIL RECOMMENDATION  of 18 March 1991  concerning the discharge to be given to the Commission in respect of the implementation of the operations of the European Development Fund (1979) (Fifth EDF) for the financial year 1989  (91/150/EEC) THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Article 206b thereof,  Having regard to the Second ACP-EEC Convention, signed at Lomé on 31 October 1979,  Having regard to Council Decision 80/1186/EEC of 16 December 1980 on the association of the overseas countries and territories with the European Economic Community (1),  Having regard to the 1979 Internal Agreement on the financing and administration of Community aid (2), signed on 20 November 1979, and in particular Article 29 (3) thereof,  Having regard to the Financial Regulation of 17 March 1981 applicable to the Fifth European Development Fund (3), and in particular Articles 66 to 70 thereof,  Having examined the revenue and expenditure account and the balance sheet relating to the operations of the European Development Fund (1979) (Fifth EDF) as at 31 December 1989 and the Court of Auditors' report relating to the financial year 1989  together with the Commission's replies (4),  Whereas, pursuant to Article 29 (3) of the Internal Agreement, the discharge for the management of the European Development Fund (1979) (Fifth EDF) must be given to the Commission by the European Parliament on a recommendation from the Council;  Whereas the overall implementation by the Commission of the operations of the European Development Fund (1979) (Fifth EDF) during the financial year 1989 has been satisfactory,  HEREBY RECOMMENDS that the European Parliament give the Commission a discharge in respect of the implementation of the operations of the European Development Fund (1979) (Fifth EDF) for the financial year 1989. Done at Brussels, 18 March 1991. For the  Council  The President  J.-C. JUNCKER  (1) OJ No L 361, 31. 12. 1980, p. 1. (2) OJ No L 347, 22. 12. 1980, p. 210. (3) OJ No L 101, 11. 4. 1981, p. 12. (4) OJ No C 313, 12. 12. 1990, pp. 197-216 and 305-320.


title: Recommendation for a Council opinion in accordance with the third paragraph of Article 5 of Council Regulation (EC) No 1466/97 of 7 July 1997 on the 2002 update of Ireland's Stability Programme, 2003-2005

text: ---pagebreak---  ---pagebreak---  ---pagebreak---  ---pagebreak---  ---pagebreak---  ---pagebreak---  ---pagebreak---


Commission Recommendation to the Member States on company medical services


66/462/EEC: Commission Recommendation of 20 July 1966 to the Member States on the conditions for compensation of persons suffering from occupational diseases


title: Recommendation for a Council opinion in accordance with the third paragraph of Article 5 of Council Regulation (EC) No 1466/97 of 7 July 1997 on the updated stability programme of Spain, 2002-2006


Avis juridique important

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32000Y1012(01)

Council recommendation of 28 September 2000 to Member States in respect of requests made by Europol to initiate criminal investigations in specific cases

Official Journal C 289 , 12/10/2000 P. 0008 - 0008

Council recommendationof 28 September 2000to Member States in respect of requests made by Europol to initiate criminal investigations in specific cases(2000/C 289/13)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty on the European Union, in particular Article 30(2)(b) thereof,Whereas:(1) Recommendation 45 of the conclusions of the 15/16 October 1999 meeting of the European Council in Tampere instructs the Council to allow Europol to ask Member States to initiate, conduct or coordinate investigations in specific cases, while respecting systems of judicial control in Member States.(2) The authorities of the Member State concerned decide independently and in accordance with the national legislation how to process the request from Europol.(3) The request from Europol will be made in accordance with Article 4 of the Europol Convention,HAS ADOPTED THE FOLLOWING RECOMMENDATION:Member States should deal with any request from Europol to initiate, conduct or coordinate investigations in specific cases and should give such requests due consideration. Europol should in principle be informed whether the requested investigation will be initiated and of the results of any such investigation.If a Member State decides not to conduct an investigation, Europol should be informed of this decision and in principle of the reasons for it.Replies to requests by Europol to conduct investigations in specific cases as well as information to Europol about the results of investigations should be forwarded through the competent authorities in the Member States in accordance with the rules laid down in the Europol Convention and the relevant national legislation.Done at Brussels, 28 September 2000.For the CouncilThe PresidentD. Vaillant


title: 73/203/EEC: Commission Recommendation of 23 May 1973 addressed to the Government of the Kingdom of Denmark on a draft law concerning the transport of goods by motor vehicle

text:
 17. 7. 73                             Official Journal of the European Communities                          No L 197/49
                                         COMMISSION RECOMMENDATION
                                                      of 23 May 1973
              addressed to the Government of the Kingdom of Denmark on a draft law concerning the
                                           transport of goods by motor vehicle
                                                        (73/203/EEC)
In accordance with Article 1 of the Council Decision              the occupation of carrier subject to certain conditions
(*) of 21 March 1962 instituting a procedure for prior            regarding financial means and professional com
examination and consultation in respect of certain                petence and, secondly, to regulate all road transport,
laws, Regulations and administrative provisions con              with the exception of that effected by vehicles of a
cerning transport proposed in Member States, the                  total laden weight not exceeding 6 metric tons.
Danish Government forwarded to the Commission ,
in a letter of 21 March 1973 from the Office of its               The introduction of rules governing access to the
Permanent Representative to the European Commu                   market in the transport of goods by road is, as a
nities, the texts of a draft law concerning the                   general principle, in line with the objectives pursued
transport of goods by motor vehicle and the explana               by the common transport policy.
tory memorandum thereto. ■
                                                                  However, the adoption of such measures on the in
This letter reached the Commission on 25 March                    itiative of certain Member States in the framework
 1973 .
                                                                  of their own national legislation is not likely to pro
                                                                   mote the implementation of that policy. For such a
The Danish Government also notified the other                     policy to be introduced and for its objectives to be
Member States of the bill .                                       attained, the measures in question must be adopted
                                                                  at Community level within the institutional frame
At the Commission 's suggestion, a briefing session               work of the Treaty, and they must be implemented
with the representatives of the Danish Government                 simultaneously in a uniform manner by all Member
was held in Brussels on 7 May 1973 .                              States .
The period of one month within which, under the                   2. As the Commission has pointed out on many oc
 Council Decision of 21 March 1962, the Commission                casions, Community rules governing access to the
 must express an Opinion was, in accordance with                  transport market and price formation constitute the
Article 2 (4) of that Decision, extended until                    essential element of the common organization of
 25 May 1973 .                                                    transport, which must make it possible to regulate
                                                                  competition, to promote market integration and to
The Commission did not consider it necessary to                   achieve freedom to provide services and the right of
consult the other Member States in accordance with                establishment in the field of transport.
 Article   2    (3 )   of   the    Council    Decision    of
 21 March 1962 .                                                  In accordance with the ideas expressed by the Com
                                                                  mission, the Council at its meeting on 22 June 1965
Under Article 2 of the Council Decision of 21 March               agreed to the introduction of a system based on a
 1962 the Commission, on the basis of the general                 common organization of the market in transport and
 guidelines drawn up by the Community institutions                on alignment of operating conditions in the national
 as regards access to the road transport market, hereby           markets. More especially, access to the market and
 formulates the following recommendation :                        price formation are included as essential elements of
                                                                  this system .
                                I                                 Moreover, in its Resolution of 20 October 1966 the
                                                                  Council stressed, in particular, the importance of
  1 . The Commission notes that the proposed laws                 adopting provisions concerning the control of capa
 are intended, firstly, to make the right to engage in            city and the right to engage in the occupation of
                                                                  carrier, and requested the Commission to present
                                                                  corresponding proposals to it as soon as possible in
 (») OJ No 23 , 3. 4. 1962, p. 720/62.                            respect of national and international transport.
 ---pagebreak--- No L 197/50                            Official Journal of the European Communities                                  17. 7. 73
A proposal (*) to this effect was made by the Com                — As regards own account transport operations, the
mission as early as 1967, and was approved by the                      proposed definition differs in various respects
European Parliament and the Economic and Social                        from the delimitation employed at Community
Committee .                                                            level , which appears in Article 9 of Council Regu
                             I
                                                                       lation No 11 (2) of 27 June 1960. Moreover, the
                                                                       draft law does not contain any provisions con
Regarding the various Chapters of the draft law, the                   cerning the equivalence of own account transport
Commission hereby formulates the follwing obser                       operations and transport by means of hired ve
vations :                                                              hicles. The Commission considers that, in view
                                                                       of the principle that the introduction of different
3 . As regards the objectives pursued , Article 1 estab               provisions in Member States should be avoided , it
lishes as a principle the search for a balance between                 would be desirable for the Danish Government to
supply and demand, for healthy competition between                     include in its definition the abovementioned
carriers and for a rational distribution of transport                  delimitation . Furthermore, given the economic
services between the various forms of transport. The                   advantage represented in certain cases by the hire
Commission points out that the concept of the com                     of vehicles, it would be desirable for the draft
mon transport policy is based on the idea that the                     law to include the provisions laid down in
optimum distribution of traffic as between forms of                    Article 32 (2 ) of the abovementioned Commission
transport and transport undertakings must be en                       proposal of 15 June 1967 ;
sured by free competition . To seek to achieve such
a distribution by means of active coordinating                    — As regards regular services, the definition also
measures, in the form of rules and Regulations or                      differs from that laid down by the Commission in
not, is therefore out of the question .                                Article 1 of its proposal of 15 June 1967 referred
                                                                       to above and , moreover, does not provide for the
Such a concept, however, does not preclude all inter                  adoption of operating rules approved by the
vention by the authorities in the market. On the                       authorities, which are necessary to ensure proper
contrary , it implies the need for certain intervention                functioning and the safeguard of users ' interests .
 measures with a threefold aim :
— To ensure the functioning of the market by                      5 . In Chapter 3 concerning carriage for hire or re
     placing the forms of transport and transport                 ward, the criteria adopted by the Danish Government
    undertakings on an equal footing, through                     for fixing the number of authorizations are likely to
    harmonization of the conditions of competition                introduce a degree of coordination and to give the
    and the appropriate charging of infrastructure                authorizations a commercial value. In this connection ,
     costs ;                                                      the Commission points out that, in its various pro
— To prevent or remedy the abuses to which com                   posals relating to access to the transport market, it
    petition can give rise, namely the abuse of do               has argued that authorizations should be non-trans
     minant positions and ruinous competition , by the            ferable. If this were so, they could have no commer
                                                                  cial value .
     introduction of permanent machinery for the
     supervision and control of capacity and, if need
     be, by means of temporary selective measures ;               The Council accepted this principle by declaring on
                                                                  28 February 1972 , when it adopted Regulation (EEC)
— To contribute to attaining objectives of regional               No 517/72 (*) on the introduction of common rules
     and social policy, in so far as the interplay of             for regular and special regular services by coach and
     market forces alone would not produce that                   bus between Member States, that 'the approval
     result .
                                                                  given by the competent authorities to the transfer of
4. The Commission notes that in Chapter 2 con                    authorizations must guarantee that the authorizations
                                                                  issued will not be the subject of any trade'. Further
cerning definitions :
                                                                  more, as regards the conditions governing the right to
— As regards carriage for hire or reward, a positive              engage in the occupation of road haulage contractor,
     definition leads inevitably to conflicting interpret        the Commission notes that they only approximately
    ations, particularly regarding the concept of re             correspond to the conditions contemplated at Com
      muneration adopted, whereas a negative definition           munity level and that, moreover, progress to date is
     in relation to that of own account operations                such that a Directive should shortly be adopted con
     would have favoured harmonization while avoid               cerning the conditions governing the right to engage
     ing such interpretations ;                                    in the occupation of road haulage contractor.
(*) Proposal for a Council Regulation on the introduction
    of common rules governing the right to engage in the          (2) Regulation No 11 concerning the abolition of discrimi
    occupation of road haulage contractor in the field of             nation in transport rates and conditions, in implemen
    national and international transport, and on rules                tation of Article 79 (3) of the Treaty establishing the
    governing capacity in the field of the national transport         EEC ( OJ No 52, 16. 8 . 1960, p. 1121 /60).
    of goods by road (OJ No 254, 20. 10. 1967, p. 3 ).            (3) OJ No L 67 , 20 . 3 . 1972 , p . 19 .
 ---pagebreak---  17 . 7. 73                         Official Journal of the European Communities                         No L 197/51
 In addition , the adoption of different subjective con       proposals in line with the observations formulated in
ditions     in Member    States  would    constitute  an       Section II above, with a view to bringing them into
 obstacle to the early attainment of the right of estab       harmony with the general lines of the common trans
lishment.                                                      port policy.
                            Ill
                                                                                IV
6. Given the foregoing, the Commission considers
that the introduction of the proposed Danish                   7 . The Commission shall inform the other Member
measures should be integrated at Community level               States of the Recommendation .
by the adoption of corresponding measures in line
with the principles laid down by the Council in its
Agreement of 22 June 1965 and in accordance with               Done at Brussels, 23 May 1973 .
its Resolution of 20 October 1966 .                                                          For the Commission
                                                                                The President
At all events, the Commission hereby recommends
the Danish Government to amend the contemplated                                            Francois-Xavier ORTOLI


Avis juridique important

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31996K2393

Commission Recommendation No 2393/96/ECSC of 16 December 1996 amending Recommendation 91/141/ECSC concerning the questionnaires contained in the Annex

Official Journal L 326 , 17/12/1996 P. 0031 - 0063

COMMISSION RECOMMENDATION No 88/96/ECSC of 16 December 1996 amending Recommendation 91/141/ECSC concerning the questionnaires contained in the AnnexTHE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Coal and Steel Community, and in particular Article 47 thereof,Whereas it is necessary to harmonize the collection of data with international organizations;Whereas it is necessary to rationalize and reorganize the questionnaires, so as to reduce and simplify the workload on the data suppliers;Whereas it is necessary to adapt the system to the economic realities of the coal market;Whereas, since the publication of Commission Decision No 612/91/ECSC of 31 January 1991, concerning coal statistics (1), certain amendments to the questionnaires on production, stocks and the structure of employment in the coal-mining industry have appeared necessary (questionnaires M.10C, M.20, A.20, A.20a, M.21, A.21, M.22, A.22, T.60, A.60);Whereas, since the publication of Commission Recommendation 91/141/ECSC of 31 January 1991, concerning coal statistics (2), certain amendments to the questionnaires on production, stocks, foreign trade and deliveries have appeared necessary (questionnaires M.10L, M.11, M.30, M.30a, A.30, A.30a, A.30b, M.40, A.40, A.40a, M.50, A.50, A.50a, T.61, A.61, A.62, M.70, A.70);Whereas the need to improve the structure of the questionnaires involves transferring the information collected pursuant to Decision No 612/91/ECSC to the field of application of the Recommendation,HAS ADOPTED THIS RECOMMENDATION:Article 1 The questionnaires annexed to Commission Recommendation 91/141/ECSC are replaced by the statistical questionnaires annexed to this recommendation.Article 2 Member States shall, as from 1 January 1997, communicate to the Commission the statistical data required in the questionnaires annexed to this recommendation under the conditions laid down therein.Article 3 This recommendation shall take effect on the day of its publication in the Official Journal of the European Communities.This recommendation is addressed to the Member StatesDone at Brussels, 16 December 1996.For the CommissionYves-Thibault DE SILGUYMember of the Commission(1) OJ No L 74, 20. 3. 1991, p. 1.(2) OJ No L 74, 20. 3. 1991, p. 35.ANNEX ANNUAL QUESTIONNAIRE SOLID FUELS 1. DeadlineThe deadline is nine months after the year concerned for Tables 1, 2, 3, 4 and 5.The deadline is three months after the year concerned for Tables A E1, A E2, A E3 and A E4.If there are revisions to periods other than the year in question, they must be shown on separate questionnaire(s).2. TransmissionThe questionnaire is to be teletransmitted.Administrations which do not have teletransmission should send it by post.3. AddressE-mail address: Pierluigi.CANEGALLO@eurostat.cec.bePostal address:European CommissionStatistical Office of the European Communitiesfor the attention ofHead of Unit 'Energy and Raw Materials`Bâtiment Jean MONNETrue Alcide de GasperiL-2920 LUXEMBOURG.4. Questionnaires' contentFirst part: Tables 1, 2, 3, 4 and 5Second part: Tables A E1, A E2, A E3, and A E4.ANNUAL QUESTIONNAIRE SOLID FUELS 1. UnitsAll figures are given in 1 000 metric tonnes, unless specified otherwise.2. Product definitionsHard coalBlack, combustible, solid, organic, fossil sediment with a gross calorific value greater than 24 MJ/kg in ash-free condition with the moisture content obtained at a temperature of 30 °C and a relative air humidity of 96 %.'Lignito negro`, produced in Spain, is also regarded as hard coal.The following three hard coal subdivisions will be used for hard coal quality based on grade and not on actual use.2.1. Anthracite and LV dry steamHard coal with low volatility and moisture content.2.2. Coking coalHard coal suitable for production of coke capable of supporting the weight of a blast furnace charge.2.3. Steam coalHard coal of quality suitable for heat and/or steam production in industrial boilers (power plants, heating plants, industrial boilers).LigniteCombustible, brown to black, organic fossil sediment with a gross calorific value lower than 24 MJ/kg in ash-free condition with the moisture content obtained at a temperature of 30 °C and a relative air humidity of 96 %.Distinction is made between the following types:- Black lignitewith a moisture content of 20 to 25 % and an ash content of 9 to 13 %.Black lignite was formed in the secondary era. Within the European Union, it is now produced only by France from deep-mining in Provence.- Brown coalwith a moisture content of 40 to 70 % and an ash content normally between 2 and 6 %; the latter, however, may be as high as 12 % depending on the deposit. Brown coal was mainly formed in the tertiary era. This fuel is mostly mined in opencast workings.PeatSoft, loose to compressed, natural, combustible fossil sediment of vegetable origin with a high moisture content (up to 90 %), light to dark brown in colour.Patent fuelPatent fuels of hard coal are artefacts of specified shape produced by hot milling under pressure, with the addition of binding material (pitch).Lignite briquettes (briquettes, dried lignite)Lignite briquettes are artefacts of even shape produced after crushing and drying of lignite, moulded under high pressure without the addition of binders. This includes dried lignite and lignite breeze.Peat briquettesPeat briquettes are artefacts of even shape produced after crushing and drying of peat, moulded under high pressure without the addition of binders.Coke derived from hard coalCoke derived from hard coal is an artificial solid fuel obtained by dry distillation of the coal in the total or partial absence of air. Distinction is made, according to the method of manufacture, between:- Hard coke: obtained by carbonization at high temperatures- Semi-coke: obtained by carbonization at low temperatures- Gasworks coke: produced in gasworks.Lignite cokeLignite coke is the solid residue obtained by dry distillation of lignite in the absence of air.Coke breeze:This comprises coke fines resulting from degradation.Petroleum coke:Petroleum coke is defined as a black solid residue, obtained mainly by cracking and coking of heavy gasoil, residual fuel oil, pitches and tar. Petroleum coke consists mainly of carbon (90 to 95 %) and is burnt without ash remains.3. Geographical coverage- Belgium- Denmark (excludes Faeroes and Greenland)- Germany- Greece- Spain (includes the Canary Islands)- France (Monaco and overseas departments and territories excluded)- Ireland- Italy (excludes San Marino)- Luxembourg- Netherlands (excludes Netherlands Antilles)- Austria- Portugal (includes the Azores and Madeira)- Finland- Sweden- United Kingdom (excludes the Channel Islands and the Isle of Man).4. Instructions for completing the tables:First part (Tables 1, 2, 3, 4 and 5) TABLE 1: SUPPLY AND TRANSFORMATION SECTOR1. Production- Primary Products (hard coal, lignite)Production (including production of small or opencast mines) is defined as net pithead production, i.e. after removal of waste from the gross output (coal brought to the surface) by means of screening and washing. As a general rule, it includes the production of low-grade products (dust, middlings), but not recovered products.- Derived products (hard coal coke, patent fuel, lignite coke, lignite briquettes)Reports the quantities of manufactured fuels. In general, production includes the quantities consumed by the producer during the production cycle.2. Of which undergroundReports the quantity of underground production.3. Recovered productsComprise slurries and waste-heap shale recovered by mines.4./5. Imports and exportsImports and exports represent all fuels entering and leaving the national territory excluding transit quantities.Direct imports by mines are included in the total imports.Re-exported fuels are included in the exports.6. BunkersReports the quantities of fuels delivered to seagoing ships of all flags.7. Stock changesStock change is the difference between the quantities stocked at the end and beginning of the period in question, taking stock adjustments into account. Stocks are the quantities held by producers, and importers and also the consumers.8. Gross inland consumption (calculated)Defined as: production + recovered products + imports - exports - (international marine) bunkers + stock changes.9. Transformation sector consumptionReports the quantities consumed for transformation of primary products into derived energy products.TABLE 2: ENERGY SECTOR AND FINAL CONSUMPTION1. Energy sector consumptionReports fuels consumed by the energy industry to support extraction or transformation activity.2. Total final consumptionTotal of non-energy use and final energy consumption.3. Non-energy useReports energy products used as raw materials in the different sectors, that is, not consumed as a fuel or transformed into another fuel.4. Final energy consumptionTotal consumption of industry, transport, services, households, etc.5. IndustryReports fuels consumed by industrial undertakings in support of their primary activities.1. Iron and steel: NACE Rev. 1 divisions 27.1, 27.2, 27.3, 27.51, and 27.522. Chemical and petro-chemical industry: NACE Rev. 1 division 243. Non-ferrous metal industries: NACE Rev. 1 divisions 27.4, 27.53 and 27.544. Non-metallic mineral products: NACE Rev. 1 division 265. Machinery: NACE Rev. 1 divisions 28, 29, 30, 31, 32, 34 and 356. Mining (excluding energy production industries) and quarrying: NACE Rev. 1 divisions 13 and 147. Food processing, beverages and tobacco: NACE Rev. 1 divisions 15 and 168. Pulp, paper and printing: NACE Rev. 1 divisions 21 and 229. Textile and leather: NACE Rev. 1 divisions 17, 18 and 1910. Not elsewhere specified6. TransportReports fuels used in all transport activities irrespective of the economic sector in which the activity occurs. (NACE Rev. 1 divisions 60, 61 and 62)- Rail: Reports all consumption for use in rail traffic, including industrial railways.7. Commercial and public services, households, etc.1. Commercial and public services: Reports fuels consumed by commercial business and offices in the public and private sectors.2. Households: Reports fuels consumed by all households.3. Agriculture: Reports fuels consumed by users classified as 'agriculture, hunting and forestry` (NACE Rev. 1 divisions 01, 02, and 05).4. Not elsewhere specified: Reports consumption not included elsewhere (please specify). This category includes military use.TABLE 3 AND TABLE 4: IMPORTS AND EXPORTSAmounts are considered as imported or exported when they have crossed the political boundaries of the country.TABLE 5: NET AVERAGE CALORIFIC VALUEPlease report net calorific value (NCV).Second part (Tables A E1, A E2, A E3, and A E4) TABLE A E1: SUPPLY OF HARD COAL, LIGNITE AND COKE, MINING ACTIVITY1. ProductionThe production (including production of small or open-cast mines) is defined as net pithead production, i.e. after removal of the waste from the gross output (coal brought to the surface) by means of screening and washing. As a general rule, it includes the production of low-grade products (dust, middlings), but not recovered products.2. Recovered productsComprise slurries and waste-heap shale recovered by mines.3./4. Total imports and total exportsImports and exports represent all fuels entering and leaving the national territory excluding transit quantities.Direct imports by mines are included in total imports. Re-exported fuels are included in the exports.5. Stock changesStock change is the difference between the quantities stocked at the end and beginning of the period in question, taking stock adjustments into account.Stocks are the quantities held by producers and importers. Consumer stocks should not be reported under this rubric, except stocks held by consumers who import directly.6. Inland deliveries (calculated)Production + recovered products + imports - exports + stock changes.Inland deliveries correspond to calculated deliveries to the market.7. Internal market deliveries (observed)Covers deliveries to the internal market and is equal to the total deliveries to the different types of consumers. A difference may occur between the calculated and observed deliveries.8. Producers' own consumptionCovers producer's internal use, (consumption of pithead power stations, pithead coking plants, pithead patent fuel/briquette plants and colliery coal supplied to workers are excluded).9. Deliveries to public power stationsCovers the deliveries of fuel to public power stations. Public power stations generate electricity for sale to third parties, as their primary activity. They may be privately or publicly owned.Public power station includes only electricity production plants and combined heat and power plants.10. Deliveries to pithead power stationsCovers deliveries of fuel to pithead power stations.11. Deliveries to coking plantsCovers deliveries for transformation to coking plants (pithead, iron and steel industry and independent).12. Deliveries to patent fuel/briquette plantsCovers deliveries for transformation to patent fuel/briquette plants (pithead and independent).13. Deliveries to industry (without iron and steel industry)Covers deliveries to all industry, except the iron and steel industry.14. Deliveries to iron and steel industryCovers deliveries of fuel to the iron and steel industry (NACE Rev. 1 divisions 27.1, 27.2, 27.3, 27.51, 27.52).15. Deliveries to othersCovers deliveries of fuel to households (including colliery coal supplied to workers in mines and associated plants) and services (administrations, shops, etc.) and sectors not elsewhere specified (district heating, transport, etc.).16. Stocks end periodStocks are the quantities held by producers and importers.Mining activity1. Personnel employed underground (in thousands)This refers to workers (including those sub-contracted) directly engaged in mining activity. Where a worker spends time both underground and on the surface, account is taken of where he spends most time.2. 'Net output` for underground output calculation (in thousand metric tonnes)'Net output` is gross output minus hand-picked dirt and washery refuse. It includes the output of dust, middlings and slurry. For the purposes of the productivity calculation, the quantities of hard coal mined in small (licensed) mines and opencast workings, recovered from tips and produced during capital working are excluded.3. Underground output per man-hour (in kg per man-hour)'Underground output per man and hour` i.e. productivity will be calculated as follows:>NUM>net output>DEN>number of hours workedUnderground productivity covers only coal mining in the strict sense; output and shifts coming under the following headings are therefore excluded: small mines, opencast mining, coal recovered from tips, capital working (harmonized concept).TABLE A E2: SUPPLIES OF COKE AND PATENT FUELS- ProductionReports the quantities of manufactured fuels. In general, production includes the quantities consumed by the producer during the production cycle.- Imports and exportsImports and exports represent all fuels entering and leaving the national territory excluding transit quantities. Re-exported fuels are included in the exports.- Stock changesThis is the difference between stocks held at the end and the beginning of the period in question, taking stock adjustments into account.Stocks are quantities held in coking plants (coke) and patent fuel plants (patent fuels) as well as the importers; consumers' stocks should not be reported under this rubric, except stocks held by consumers who import directly.- Inland deliveries (calculated)Production + imports - exports + stock changes.- Deliveries to the internal market (observed)Covers deliveries to the internal market and is equal to the sum of deliveries to all kinds of consumers. A difference may exist between calculated and observed deliveries.- Deliveries to industry (without iron and steel industry)Covers deliveries of fuel to all industries except the iron and steel industry.- Deliveries to industryCovers deliveries of fuel to the iron and steel industry (NACE Rev. 1 Divisions 27.1, 27.2, 27.3, 27.51, 27.52).- Stocks end periodStocks are the quantities held by coking plants, patent fuel plants and importers.TABLE A E3: SUPPLIES TO COKING PLANTSThe questionnaire must be completed for all the coking plants (operated by mines, steelworks or run independently).- Total supplies:Covers supplies from producers (indigenous origin) or importers but also those obtained through trading. Country of origin is taken as meaning the country where the fuels were actually produced.TABLE A E4: SUPPLIES TO PUBLIC POWER STATIONSCovers supplies from producers (indigenous origin) or importers but also those obtained through trading. Country of origin is taken as meaning the country where the fuels were actually produced.ANNUAL QUESTIONNAIRE SOLID FUELS >START OF GRAPHIC>Table 1Supply and transformation sectorPage=Table=Year=Country=(1 000 tonnes)Hard coal   Black lignite   Brown coal   Peat   Patent fuel   Hard coal coke   Lignite coke   Lignite/peat briquettes1   Production2   of which underground3   Recovered products4   Imports5   Exports6   Bunkers7   Stock changes= 8   Gross inland consumption (calculated)= 9   Transformation sector consumption, of which:Patent fuel plantsCoking plantsGas worksBlast furnacesLignite briquettes plantsPublic power stationsof which: CHPAutoproducer power stationsof which: CHPHeating plants>END OF GRAPHIC>ANNUAL QUESTIONNAIRE SOLID FUELS >START OF GRAPHIC>Table 2Energy sector and final consumptionPage=Table=Year=Country=(1 000 tonnes)Hard coal   Black lignite   Brown coal   Peat   Patent fuel   Hard coal coke   Lignite coke   Lignite/ peat briquettes= 1   Total energy sector consumption, of which:Coal mines and patent fuel plantsCoking plants and gasworksNon-specified= 2   Total final consumption= 3   Non-energy use= 4   Final energy consumption= 5   Industry, of which:5.1 Iron and steel5.2 Chemical and petrochemical5.3 Non-ferrous metal industries5.4 Non-metallic mineral products5.5 Machinery5.6 Mining (excluding energy production industries) and quarrying5.7 Food processing, beverages and tobacco5.8 Pulp, paper and printing5.9 Textile and leather5.10Other non-classified industries= 6Transport, among which:Rail= 7Commercial and public services, households, of which:7.1Commercial and public services7.2Households7.3Agriculture7.4Non-specified>END OF GRAPHIC>ANNUAL QUESTIONNAIRE SOLID FUELS >START OF GRAPHIC>Table 3Imports by originPage=Table=Year=Country=(1 000 tonnes)Country of origin   Hard coal   Brown coal/ black lignite   Hard coal cokeEU (EUR 15) of which:- Belgium- Denmark- Germany- Greece- Spain- France- Ireland- Italy- Luxembourg- The Netherlands- Austria- Portugal- Finland- Sweden- United KingdomOther countries (1)Total(1) Please specify.>END OF GRAPHIC>ANNUAL QUESTIONNAIRE SOLID FUELS >START OF GRAPHIC>Table 4Exports by destinationPage=Table=Year=Country=(1 000 tonnes)Country of destination   Hard coal   Brown coal/ black lignite   Hard coal cokeEU (EUR 15) of which:- Belgium- Denmark- Germany- Greece- Spain- France- Ireland- Italy- Luxembourg- The Netherlands- Austria- Portugal- Finland- Sweden- United KingdomOther countries (1)Total(1) Please specify.>END OF GRAPHIC>ANNUAL QUESTIONNAIRE SOLID FUELS >START OF GRAPHIC>Table 5Average net calorific value (NCV)Page=Table=Year=Country=(Kilojoule/kg)Hardcoal   Blacklignite   Browncoal   PeatProductionImportsExportsConsumed in coke ovensConsumed in blast furnacesConsumed in public power stationsConsumed in industry>END OF GRAPHIC>ANNUAL QUESTIONNAIRE SOLID FUELS >START OF GRAPHIC>Table A E1Supply of hard coal, lignite and peatPage=Table=Year=Country=(1 000 tonnes)Hard coalLignitePeatTotal   Black lignite   Brown coal1   Production+ 2   Recovered products+ 3   Total imports3a   - Intra-EU imports- 4   Total exports4a   - Intra-EU exports+ 5   Stock changes= 6   Inland deliveries (calculated)= 7   Internal market deliveries (observed)8   Producers' own use9   Public power stations10   Pithead power stations11   Coking plants12   Patent fuel and briquette plants13   Total industry (without iron and steel industry)14   Iron and steel industry15   Others (Services, households, etc.)16   Stocks end of period (total)16a   Of which::- Mines16b   - Importers17Number of mines producing hard coal (end of year)17aPersonnel employed underground (1 000)17bNet output for underground output calculation17cUnderground output per man/hour (kg)>END OF GRAPHIC>ANNUAL QUESTIONNAIRE SOLID FUELS >START OF GRAPHIC>Table A E2Supply of coke and patent fuelsPage=Table=Year=Country=(1 000 tonnes)Coke ofPatent fuels ofCoal   Lignite   Coal   Lignite1   Production+ 2   Total imports- 3   Total exports3a   - of which intra-EU exports+ 4   Stock changes= 5   Inland deliveries (calculated)= 6   Internal market deliveries (observed)7   Of which:- Industry (without iron and steel industry)8   - Iron and steel industry9   - Others (services, households, etc.)10   Stocks end of period (total)11   Of which: Coking plants12   Of which:Patent fuel plants>END OF GRAPHIC>ANNUAL QUESTIONNAIRE SOLID FUELS >START OF GRAPHIC>Table A E3Supplies to coking plantsPage=Table=Year=Country =(1 000 tonnes)Hard coal   Breeze and semi-cokePetroleum coke   Others (1)1   Origin: indigenous+ 2   Germany+ 3   United Kingdom+ 4   Other EU  (1)= 5   Total EU   6   Origin: USA7   Australia8   South Africa9   Poland 10   CIS of which:10a   Russia10b   Ukraine11   Canada12   Colombia13   China14   Venezuela15   Indonesia16   Other extra-EU (1)= 17   Total extra-EU   18   TOTAL SUPPLIES (5 + 17)19   Stock changes20   Consumption for transformation into coke21   Own consumptionStocks end of period(1) Please specify.>END OF GRAPHIC>ANNUAL QUESTIONNAIRE SOLID FUELS >START OF GRAPHIC>Table A E4Supplies to public power stationsPage=Table=Year=Country=(1 000 tonnes)Hard coal1   Origin: indigenous+ 2   Germany+ 3   United Kingdom+ 4   Other intra-EU (1)= 5   Total EU6   Origin: USA7   Australia8   South Africa9   Poland10   CIS of which:10a   Russia10b   Ukraine11   Canada12   Colombia13   China14   Venezuela15   Indonesia16   Other extra-EU (1)= 17   Total extra-EU18   TOTAL SUPPLIES (5 + 17)19   Stock changes20   Consumption for transformationStocks end of period(1) Please specify.>END OF GRAPHIC>MONTHLY QUESTIONNAIRE SOLID FUELS 1. DeadlineThe deadline is three months after the month concerned.If there are revisions to periods other than the month concerned, they must be shown on separate questionnaire(s).2. TransmissionThe questionnaire is to be teletransmitted.Administrations which do not have teletransmission should send it by post.3. AddressE-mail address: Pierluigi.CANEGALLO@eurostat.cec.bePostal address:European CommissionStatistical Office of the European Communitiesfor the attention of Head of Unit'Energy and Raw Materials`Bâtiment Jean Monnetrue Alcide de GasperiL-2920 Luxembourg4. Questionnaire's contentTables M E1, M E2, M E3MONTHLY QUESTIONNAIRE SOLID FUELS 1. UnitsAll figures are given in 1 000 metric tonnes, unless specified otherwise.2. Product definitionsHard coalBlack, combustible, solid, organic, fossil sediment with a gross calorific value greater than 24 MJ/kg in ash-free condition with the moisture content obtained at a temperature of 30° C and a relative air humidity of 96 %.'Lignito negro`, produced in Spain, is also regarded as hard coal.LigniteCombustible, brown to black, organic fossil sediment with a gross calorific value lower than 24 MJ/kg in ash-free condition with the moisture content obtained at a temperature of 30° C and a relative air humidity of 96 %.Distinction is made between the following types:- Black lignitewhich has a moisture content of 20 to 25 % and an ash content of 9 to 13 %. Black lignite was formed in the secondary era. Within the Union, it is now produced only by France from deep mining in Provence.- Brown coalwhich has a moisture content of 40 to 70 % and an ash content normally between 2 and 6 %; the latter, however, may be as high as 12 % depending on the deposit. Brown coal was mainly formed in the tertiary era. This fuel is mostly mined in opencast workings.PeatSoft, loose to compressed, natural, combustible fossil sediment of vegetable origin with a high moisture content (up to 90 %), light to dark brown in colour.Patent fuelPatent fuels of hard coal are artefacts of specified shape produced by hot milling under pressure, with the addition of binding material (pitch).Lignite briquettes (briquettes, dried lignite)Lignite briquettes are artefacts of even shape produced after crushing and drying of lignite, moulded under high pressure without the addition of binders. This includes dried lignite and lignite breeze.Coke derived from hard coalCoke derived from hard coal is an artificial solid fuel obtained by dry distillation of the coal in the total or partial absence of air. Distinction is made, according to the method of manufacture, between:- Hard coke: obtained by carbonization at high temperatures- Semi-coke: obtained by carbonization at low temperatures- Gasworks coke: produced in gasworks.Lignite cokeLignite coke is the solid residue obtained by dry distillation of lignite in the absence of air.3. Geographical coverage- Belgium- Denmark (excludes Faeroes and Greenland)- Germany- Greece- Spain (includes the Canary Islands)- France ( Monaco and overseas departments and territories excluded)- Ireland- Italy (excludes San Marino)- Luxembourg- Netherlands (excludes Netherlands Antilles)- Austria- Portugal (includes the Azores and Madeira)- Finland- Sweden- United Kingdom (excludes the Channel Islands and the Isle of Man)4. Reporting instructionsTABLE M E1: SUPPLY OF HARD COAL AND LIGNITE AND PEAT- Production:Production (including production of small or opencast mines) is defined as net pithead production, i.e. after removal of waste from the gross output (coal brought to the surface) by means of screening and washing. As a general rule, it includes the production of low-grade products (dust, middlings), but not recovered products.- Recovered productsComprise slurries and waste-heap shale recovered by mines.- Total imports and total exportsImports and exports represent all fuels entering and leaving the national territory excluding transit quantities.Direct imports by mines are included in the total imports. Re-exported fuels are included in the exports.- Stock changesStock change is the difference between the quantities stocked at the end and beginning of the period in question, taking stock adjustments into account.Stocks are the quantities held by mines and importers. Consumer stocks (e.g. those held in power stations and coking plants) should not be reported under this rubric, except stocks held by consumers who import directly.- Inland deliveries (calculated)Production + recovered products + imports - exports + stock changesInland deliveries correspond to calculated deliveries on the market.- Internal market deliveries (observed)Covers deliveries to the internal market and is equal to the total of the deliveries to the different types of consumers. A difference may occur between the calculated and observed deliveries.- Producer's own useCovers internal use in production units (except consumption in pit-head power stations, pit-head patent fuel plants, pit-head coke oven plants and deliveries to colliery staff).- Deliveries to public power stationsCovers the deliveries of fuel to public power stations. Public power stations generate electricity for sale to third parties, as their primary activity. They may be privately or publicly owned.Public power stations includes only electricity production plants and combined heat and power plants.- Deliveries to pithead power stationsCovers deliveries of fuel to pithead power stations.- Deliveries to coking plantsCovers deliveries for transformation to coke-oven plants (pithead, iron and steel industry and independent).- Deliveries to patent fuels plantsCovers deliveries for transformation to patent fuels plants (pithead and independent).- Deliveries to industry (without iron and steel industry)Covers deliveries to all industry, except the iron and steel industry. Deliveries to industry for electricity production for own use are covered under this heading.- Deliveries to iron and steel industryCovers deliveries of fuel to the iron & steel industry (NACE Rev. 1 divisions 27.1, 27.2, 27.3, 27.51, 27.52).- Deliveries to othersCovers deliveries of fuel to households (including colliery coal supplied to workers in mines and associated plants) and services (administrations, shops, etc.) and also to sectors not elsewhere specified (district heating, transport, etc.).- Stocks end periodStocks are the quantities held by mines and importers and coke-oven plants.TABLE M E2: SUPPLY OF COKE AND PATENT FUELS- ProductionReports the quantities of manufactured fuels. In general, production includes the quantities consumed by the production cycle.- Imports and exportsImports and exports represent all fuels entering and leaving the national territory excluding transit quantities.Re-exported fuels are included in the exports.- Stock changesThis is the difference between stocks held at the end and the beginning of the period in question, taking stock adjustments into account.Stocks are quantities held in coking plants (coke) and patent fuel plants (patent fuels) as well as at the importers; consumers' stocks should not be reported under this rubric, excepted stocks held by consumers which directly import.- Inland deliveries (calculated)Production + imports - exports + stock changes- Deliveries to the internal market (observed)Covers deliveries to the internal market and is equal to the sum of deliveries to all kinds of consumers. A difference may exist between calculated and observed deliveries.- Deliveries to industry (without iron and steel industry)Covers deliveries to all industry, except the iron and steel industry.- Deliveries to iron and steel industryCovers deliveries of fuel to the iron and steel industry (NACE Rev. 1 divisions 27.1, 27.2, 27.3, 27.51, 27.52).- Deliveries to public and commercial services, households, etc.Covers deliveries of fuel to households (including coke and patent fuels supplied to workers in mines and associated plants) and services (administrations, shops, etc.)- Stocks end periodStocks are the quantities held by coking plants, patent fuel plants and importers.TABLE M E3: IMPORTSImports represent all entries into the national territory excluding transit quantities.Country of origin is taken as meaning the country where the fuels were actually produced.When the origin is not in the list of countries or unknown, report under 'others`.MONTHLY QUESTIONNAIRE SOLID FUELS >START OF GRAPHIC>Table M E1Supply of hard coal, lignite and peatPage=Table=Year=   Month =Country=(1 000 tonnes)Hard coalLignitePeatTotal   Black lignite   Brown coal1   Production+ 2   Recovered products+ 3   Total imports3a   - of which intra-EU imports- 4   Total exports4a   - of which intra-EU exports+ 5   Stock changes= 6   Inland deliveries (calculated)= 7   Internal market deliveries (observed)8   Producers' own use9   Public power stations10   Pithead power stations11   Coking plants12   Patent fuel plants13   Total industry (without iron & [ steel industry)14   Iron and steel industry15   Others (services, households, etc.)16   Stocks end of period (total)16a   Of which:- Mines16b   - Importers16c   Stocks end of period - coking plants>END OF GRAPHIC>MONTHLY QUESTIONNAIRE SOLID FUELS >START OF GRAPHIC>Table M E2Supply of coke and patent fuelsPage=Table=Year=   Month =Country=(1 000 tonnes)Coke ofPatent fuelsCoal   Lignite   Coal   Lignite1   Production+ 2   Total imports- 3   Total exports3a   - of which intra-EU exports+ 4   Stock changes= 5   Inland deliveries (calculated)= 6   Internal market deliveries (observed)7   Of which:- Industry (without iron and steel industry)8   - Iron and  steel industry9   - Others (services, households, etc.)10   Stocks end of period (total)11   Of which:coking plants12   Of which:patent fuel plants>END OF GRAPHIC>MONTHLY QUESTIONNAIRE SOLID FUELS >START OF GRAPHIC>Table M E3ImportsPage=Table=Year=   Month =Country=(1 000 tonnes)Country of originHard coal   Lignite   Hard coal and   PatentBlack lignite/ Brown coal   lignite coke   fuels/ briquettes1   - Germany+ 2   - United Kingdom+ 3   - Other EU (1)= 4   Total EU5   - USA6   - Australia7   - South Africa8   - Poland9   - CIS of which:9aRussia9bUkraine10   - Canada11   - Colombia12   - China13   - Other extra-EU (1)= 14   Total extra-EU15   TOTAL IMPORTS (4 + 14)(1) Please specify.>END OF GRAPHIC>QUESTIONNAIRE EMPLOYMENT IN THE COAL MINING INDUSTRY (ECSC) 1. Date of dispatchThe deadline is 45 days following the end of the reference quarter for the quarterly questionnaires C-1 and C-2.The deadline is three months following the reference year for the annual questionnaire C-3.If the figures for any period other than the month in question are revised, the revisions should be sent on one or more separate questionnaires.2. TransmissionThe questionnaire is to be sent by teletransmission.Authorities which do not have the necessary software should send the questionnaire by post.3. AddressFor e-mail: Pierluigi.CANAGALLO@eurostat.cec.bePostal address:European CommissionStatistical Office of the European Communities,For the attention of theHead of the 'Energy and Raw Materials` Unit,Bâtiment Jean Monnet,rue Alcide de Gasperi,L-2920 Luxembourg.4. The questionnaire comprisesTables C-1, C-2 and C-3.>START OF GRAPHIC>Questionnaire C-1STRUCTURE OF EMPLOYMENT IN THE COAL MINING INDUSTRY (ECSC)Member State:Quarter:Year:Completed questionnaire to be returned within 45 days following the end of the reference quarterNumber of persons at end of quarterMining and ancillary servicesAssociated activitiesTotalUnderground   Surface   Total01   02   03 = 01 + 02   04   05 = 03 + 041.Manual workers2.Supervisors3.Non-manual workers4.Apprentices5.Total>END OF GRAPHIC>NOTES1. ScopeThe survey covers all coal mines, but does not include mines classified as small-scale mines in the country concerned ('Kleinzechen` in the Saar area of Germany, licensed mines in the United Kingdom) and opencast mines.The survey covers all workers in both underground and surface areas (including ancillary services) and in supporting and administrative services ('other services`).1.1. Underground workers include all persons directly engaged in work underground. Persons who work both above and below ground should be classified according to the place where they are principally engaged.1.2. Surface workers include all those working above ground in a mining installation (including ancillary services) or in 'other services`.2. Definition of working areasThe following definitions of the working areas apply:A. Mining installation, including ancillary services (mine)1. Mining installation (underground)2. Mining installation (surface)3. Ancillary services:Ancillary services are defined as those undertakings providing direct services for the mining installations both underground and on the surface.B. Other services1. Coking plants, including coal valuables plants2. Briquette factories3. Brickworks4. Power stations, provided that they produce energy mainly for consumers outside the mine5. Workshops providing services for several undertakings (central workshops)6. Facilities for transporting prepared coal to central depots or ports7. Railway, port and shipping services8. Administrative services involving mainly general office work, e.g. scientific workers (including laboratory staff), technicians, clerical staff (accounts, sales, etc.) administrative staff (e.g. personnel department), office staff (senior clerical officers, time-study staff, secretaries) and computer operators9. Social facilities (e.g. kitchens, canteens, etc.), medical services, sport and recreation facilities10. Housing.3. Structure of employmentTotal employment includes all employees on the company's books (employment register) as full-time or part-time workers. The term covers manual grades, non-manual grades and apprentices.Workers from outside companies employed by the mines are not included.Distinction between manual and non-manual workersThe distinction between manual and non-manual workers is usually made on the basis of the nature of their principal duties.Manual workers are employees engaged principally in manual work whose wages are normally calculated on piece rates or hourly or daily rates. Employees who are paid on a monthly basis should also be included under manual workers if the work they do is of an essentially manual nature.Non-manual workers are employees who are not in the main engaged in manual work and who are paid a monthly salary. This category also includes employees who are paid an hourly or daily rate or on a piece-work basis, but whose main duties are not of a manual nature. Non-manual workers include: management, scientific, technical and sales personnel and other administrative staff.The characteristics of the main duties which distinguish manual workers from non-manual workers have become rather blurred as a result of technical developments. However, they still apply for the purposes of the rules on collective agreements, social insurance and other rules which distinguish the two types of workers. Certain differences do exist, however, between the various mining countries in the Community.Apprentices and traineesThis category covers persons who are employed under a specific training programme and who are paid at a special rate for trainees (workers with a training contract).Supervisory personnelThis category includes those responsible for ensuring that workers carry out their duties properly and professionally and that the most important orders, provisions, regulations and instructions of the mines inspectorate and the individual mine concerned are observed.>START OF GRAPHIC>Questionnaire C-2CHANGES IN EMPLOYMENT IN THE COAL MINING INDUSTRY (ECSC)Member State:Quarter:Year:Completed questionnaire to be returned within 45 days of the end of the reference quarterSums of the quarterMining and ancillary servicesAssociated activitiesTotalManual workersNon-manual workersManual workersNon-manual workersUnderground   Surface   Underground   Surface01   02   03   04   05   06   07 = 01 - 061.   Total entrants to coal mining2.   Total leavers from coal mining2.1.   Dismissals and redundancies2.1.1.   Redundancies for economic reasons2.2.   Voluntary resignations2.3.   Retirements2.3.1.   Early retirements2.3.2.   Disability retirements2.4.   Deaths2.5.   Other reasons>END OF GRAPHIC>NOTES1. For scope of survey and general definitions, see questionnaire C-1.2. Changes in employmentChanges in employment include only actual entries to and departures from coal mining, but not movements within the industry.Entrants are all workers taking up employment in the coal-mining industry during the reporting period.Leavers are all persons who leave the coal-mining industry during the reporting period.Departures are broken down according to the most important social policy factors.2.1. Dismissals and redundanciesDismissals and redundancies are terminations of the contract of employment within the set period by the employer. This category includes only cases where the worker definitively leaves the labour market.2.1.1. Redundancies on economic groundsEconomic grounds for redundancies are sales difficulties, partial closure of the works and structural reorganization.Redundancies to enable an employee to receive an early pension should not be included here, but under 'early retirement`.2.2. ResignationThis category includes departures as a result of resignation within the set period of the contract and breach of contract.Resignations handed in expressly to facilitate substitution of a revised contract are not to be included.2.3. RetirementRetirement gives an employee leaving a firm the right to a pension or a similar State benefit. Generally speaking, retirement constitutes the final cessation of gainful employment, the person concerned having reached the normal age of retirement or the age for early retirement or retiring on grounds of invalidity.2.3.1. Early retirement on economic groundsWith this form of retirement, the employee leaves the company before reaching retirement age and without becoming unfit for work, a continuation of employment being ruled out either on economic grounds or because of structural reorganization. The employee concerned thereby has a right to a pension or transitional compensation.2.3.2. InvalidityThis covers departures on the grounds of being unfit for employment or other gainful activity whereby the employee has a right to a pension.2.4. Death2.5. Other groundsThis covers departures on the grounds of being unfit for work in mining, military or civilian services and other departures (expiry of fixed-term contracts, such as for those on practical training courses, working students; dismissal/resignation without notice; cases where the employment relationship is terminated without the prescribed period of notice by agreement between management and worker; persons going to colleges and courses, if they cease to be employed for the duration of their absence).>START OF GRAPHIC>Questionnaire C-3EMPLOYMENT BY AGE IN THE COAL MINING INDUSTRY (ECSC)(End of year)Member State:Year:Completed questionnaire to be returned within three months of the end of the reference yearMining and ancillary servicesAssociated activitiesTotalManual workersNon-manual workersManual workersNon-manual workersUnderground   Surface   Underground   Surface01   02   03   04   05   06   07 = 01 - 061.   END OF GRAPHIC>NOTES1. For scope of survey and general definitions, see questionnaire C-1.2. Employment by ageThe units used here are completed years of life as at 31 December of the reporting year.


title: Commission Recommendation of 16 August 2005 concerning the measures to be taken by the consent holder to prevent any damage to health and the environment in the event of the accidental spillage of an oilseed rape (Brassica napus L., GT73 line — MON-00073-7) genetically modified for tolerance to the herbicide glyphosate (notified under document number C(2005) 3073)

text:
               3.9.2005

               EN

               Official Journal of the European Union

               L 228/19

         COMMISSION RECOMMENDATION
   of 16 August 2005
   concerning the measures to be taken by the consent holder to prevent any damage to health and the environment in the event of the accidental spillage of an oilseed rape (Brassica napus L., GT73 line — MON-00073-7) genetically modified for tolerance to the herbicide glyphosate
   (notified under document number C(2005) 3073)
   (Only the Dutch text is authentic)
   (2005/637/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)

               On 16 January 2003, the Commission received a dossier, in accordance with the third subparagraph of Article 13(1) and the second indent of Article 14(2) of Directive 2001/18/EC of the European Parliament and of the Council of 12 March 2001 on the deliberate release into the environment of genetically modified organisms and repealing Council Directive 90/220/EEC (1) requesting authorisation to place on the market a product based on a genetically modified oilseed rape (Brassica napus L., GT73 line — MON-00073-7), together with a favourable assessment report from the competent authority of the Kingdom of the Netherlands.

               (2)

               The Commission has sent the assessment report to all the other Member States and some of them have expressed and maintained objections to the said report concerning the molecular characterisation, allergenic potential, monitoring, labelling and detection of the product. In such a case, the Commission, in accordance with the first subparagraph of Article 18(1) of Directive 2001/18/EC, must take a decision pursuant to the procedure provided for in Article 30(2) of the Directive, to which Articles 5 and 7 of Council Decision 1999/468/EC (2) apply, having regard to the provisions of Article 8 thereof.

               (3)

               In February 2005, the Japanese Environmental Studies Institute published a report referring to the accidental presence of oilseed rape genetically modified for tolerance to a herbicide around five of the six port facilities where sampling had been carried out.

               (4)

               It seems necessary to prevent the same situation arising in the European Union, and in particular to prevent any damage to health and the environment in the event of accidental spillage of the oilseed rape MON-00073-7 during transportation, storage, handling in the environment and processing into derived products.

               (5)

               In this framework the consent holder is best placed to inform operators and users directly about the safety and general characteristics of the product and the monitoring conditions, in particular the appropriate management measures to be taken in the event of accidental grain spillage.

               (6)

               The Commission therefore considers it preferable for specific technical guidelines to be added to the decision to place the oilseed rape MON-00073-7 on the market to prevent any damage to health and the environment in case of accidental spillage of this product,

         HEREBY RECOMMENDS:
   Article 1
   When applying the provisions of Article 4(2) of the decision to place on the market an oilseed rape (Brassica napus L., GT73 line — MON-00073-7) genetically modified for tolerance to the herbicide glyphosate, the measures listed in the Annex shall be taken into account.
   Article 2
   This Recommendation is addressed to the Kingdom of the Netherlands.

      Done at Brussels, 16 August 2005.

            For the Commission

         Stavros DIMAS

            Member of the Commission

      (1)  OJ L 106, 17.4.2001, p. 1. Directive as last amended by Regulation (EC) No 1830/2003 (OJ L 268, 18.10.2003, p. 24).

      (2)  OJ L 184, 17.7.1999, p. 23.
   ANNEX

               1.

               The consent holder must inform operators in the Community who handle and process bulk mixtures of imported oilseed rape grains which may contain MON-00073-7 oilseed rape that:

                           (a)

                           MON-00073-7 oilseed rape has received consent for import and use, in accordance with the definition given in Article 3 of the Decision, in the Community;

                           (b)

                           the establishment of a general surveillance plan for any unanticipated adverse effects arising from the placing on the market of MON-00073-7 oilseed rape for the above uses is a condition of consent.

               2.

               The consent holder must provide operators with a national contact person for the reporting of any unanticipated adverse effects.

               3.

               The consent holder must inform operators that the possibility of and consequences arising from accidental spillage of MON-00073-7 oilseed rape have been evaluated by the European Food Safety Authority (EFSA) in the context of its intended uses. The consent holder must maintain regular contact with operators to ensure that they are informed of any changes to current practice which may change the conclusions of the environmental risk assessment.

               4.

               The consent holder must ensure that operators are alert to the possibility that accidental spillage of imported oilseed rape grains in ports and crushing facilities may result in the germination and establishment of volunteer plants, including MON-00073-7 oilseed rape.

               5.

               In the event that volunteer oilseed rape plants include MON-00073-7 oilseed rape, the consent holder must:

                           (a)

                           inform operators that these plants should be eradicated to minimise the potential for unanticipated adverse effects arising from the MON-00073-7 oilseed rape;

                           (b)

                           provide operators with appropriate plans for eradicating volunteer oilseed rape plants that include MON-00073-7 oilseed rape.

               6.

               Under Article 4(5) of Directive 2001/18/EC and section C.1.6 of Council Decision 2002/811/EC (1), Member States may carry out checks and/or additional monitoring with respect to accidental spillage of MON-00073-7 oilseed rape grains and identification of potential unanticipated adverse effects arising from such spillage.

      (1)  OJ L 280, 18.10.2002, p. 27.