title: RECOMMENDATION FOR A COUNCIL DECISION on the conclusion of an agreement between the European Economic Community and the Republic of Gambia for the supply of cereals as food aid (submitted to the Council by the Commission)

text:
ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (74) 1218
Vol. 1974/0195
 ---pagebreak--- Disclaimer
Conformément au règlement (CEE, Euratom) n° 354/83 du Conseil du 1er février 1983
concernant l'ouverture au public des archives historiques de la Communauté économique
européenne et de la Communauté européenne de l'énergie atomique (JO L 43 du 15.2.1983,
p. 1), tel que modifié par le règlement (CE, Euratom) n° 1700/2003 du 22 septembre 2003
(JO L 243 du 27.9.2003, p. 1), ce dossier est ouvert au public. Le cas échéant, les documents
classifiés présents dans ce dossier ont été déclassifiés conformément à l'article 5 dudit
règlement.
In accordance with Council Regulation (EEC, Euratom) No 354/83 of 1 February 1983
concerning the opening to the public of the historical archives of the European Economic
Community and the European Atomic Energy Community (OJ L 43, 15.2.1983, p. 1), as
amended by Regulation (EC, Euratom) No 1700/2003 of 22 September 2003 (OJ L 243,
27.9.2003, p. 1), this file is open to the public. Where necessary, classified documents in this
file have been declassified in conformity with Article 5 of the aforementioned regulation.
In Übereinstimmung mit der Verordnung (EWG, Euratom) Nr. 354/83 des Rates vom 1.
Februar 1983 über die Freigabe der historischen Archive der Europäischen
Wirtschaftsgemeinschaft und der Europäischen Atomgemeinschaft (ABI. L 43 vom 15.2.1983,
S. 1), geändert durch die Verordnung (EG, Euratom) Nr. 1700/2003 vom 22. September 2003
(ABI. L 243 vom 27.9.2003, S. 1), ist diese Datei der Öffentlichkeit zugänglich. Soweit
erforderlich, wurden die Verschlusssachen in dieser Datei in Übereinstimmung mit Artikel 5
der genannten Verordnung freigegeben.
 ---pagebreak---            COMMISSION OF THE EUROPEAN COMMUNITIES
                                                             COM(74)1218 final
                                                             Brussels . 25 July 1974
                                                     /
                                      RECOMMENDATION FOR A
                                        COUNCIL DECISION
                     on the conclusion of an agreement "between the European
              Economic Community and the Republic of Gambia for the supply of cereals
                                         as food aid
                          ( submitted to the Council "by the Commission )
COT '(74 ) 1218 final )
 ---pagebreak--- KIS COUÎîCII» OP TÎLS lîfEîOPîSAÏÏ COŒÏOHITIE3 ,
Having regard -to tho Treaty establishing the European Econoi.uo Coramunity ,
fund in particular Articles 113 , 114 f^d 220 thereof ;                      -
Having regard to the Recommendation from the Commission ;
Whereas the European Economic Community has deposited a Declaration for
provisional application of the 1971 Pood Aid Convention } whereas that
Convention has been applicable since 1 July 1971 ;                                      .
                                       t
Whereas the Republic of Gambia                        , by its letter of 16.4»1974               J
has requested food aid ;                                          ,
VJhcreas in view of the cereal s\ipply situation in _ Gambia
that country should be accorded , by way of gift ,                       1 500      metric tons
of cereals in the form of                              under the Community Food Aid Programme
for 1970/71 ;
                                           A rtic le 1                         •
                                           > MiiMHnl WiM '.«MV*
Chi behalf of the European Economic Conuriunity an Agreement , the terct whereof
is annexed hereto , shall be concluded between the European Economic Community
and the Republic of Gambia              *                       v   for the supply of cereals
as food aid .
                                                                                »
                                           Article ?.
The Procident OJ; the Council is hereby authorized to designate those who
ere to si^n the Agreement and to confer on them the requisite powers to bind
the Cor.wai.nity ,
Done at Brussels ,                 19 .»«»                                       For the Council
                                                                                /
                                                                                The President
 ---pagebreak---                  . AGREIS-EîT /
Bswasu TIS RTROPEAJf ECOIÍOJICC COIEáUir.CTY
AKD TIES    REPUBLIC OF GAMBIA •'
COIICIPaTIlTG MLS SUPPLY AS FOOD AID Oi?
 CEREALS
 ---pagebreak---   Txl.3 COUi;;)IL Œ? 1ÎIE 3UR0PEAIT COI^UIJITIES ,    '
                                                              on tho one band ,
  TIES GOVTiSI?i>ISiiT OP TID3 REPUBLIC OF GAMBIA   .
                                                              on the other hand ,
 IIA.V7.iJ DECIKTL) to conclude this Agreement end to this end have designated
as their plenipotentiaries :                    >'
                                                                        »
TIE COUIICII. 0F TID3 SOROPEA2T COIÍIIUlJITIEo :
THE COVIHiraT 0]?              REPUBLIC OF GAMBIA :
                                                         \
IfflO IIAVE AGREED         FOLLOWS :
 ---pagebreak---                                         Artiolo X
Aa a part of its S'ood Aid Programme (Cereals) for 1970/71 » "tll° Ijao,''°"">'      j4
Economic Coi:L'(.vini1'y fihr.ll supply, by v;°y of gift, the Republic of
hereinafter referred as th. "recipient eountry«, with . <*»»•«* equivalent
to 1 500 metric tons of husked rice .
                                         Ariiolo TX
Deliveries «11 te «riU, in *ulk "                       ?* «*<*■*»« in       t
                                                                                |
country ih
                                                                           »
                                        Ar'l'.i' clc XXI               . '
 The obligations end responsibilities of the B.iropcen Economic Connnmi y ma ;
 of the recipient country relating to deliver/ wad the trying of delivery
 defined in the Anno::, which forf.s an integral part of this Agreenenb.
                                                  clc TV •
 The recipient country undert^es to „rice all ^                                f« the
 transport and insurance of the product from porta of unloading to p-r,ccs
  of destination .
                                          Artic le V
  the recipient country undertakes to use the product received as aid for
  purposes of consumption and to distribute it to people in need free ofohafj
                                           Article TX                                   ;
   The Contracting Parties undertake to implement this Agreement in s
   ay to avoid any prejudice to the normal structure of domestic production 9
   international trade. To this end they shall trf:e any measures retired to
   ensure that aid supplies are in addition to, and do not replaoe tasiness ^
   transactions \;hich might reasonably be ejected in the absence ox
 ---pagebreak---                                  Art ici fi Vil
K 1.0 recipient country shall take a:ny measures required "to prevents
 (:i )  Hie re-export of "the product received as aid and of products and by
        products resulting from such supplies $
 (ii ) The export , commercially or otheruice , within six months of the la.st
        delivery , cither of the product obtained locally and of the same nature
        as the product received as aid or 'of pny produ.cts or "by-products resul
        ting from it .
                                 Article Vin .
The recipient country undertakes to inform the European Economic Community
hov; this Agreement is "being implemented . To this end it   will provide the
Commission of the Doropean C omr/auiities every six months from the date of de
 delivery of the products , and until the distribution is completed , with reports
 indicating in particular number and nature of the beneficiaries , the quantities
 distributed , places and manner of distribution .
                                                    1
                                 Art icle TX <                              '
At the request of either of them , the Contracting Parties 'shall consult
each other on my questions concerning the implementation of this Agreement .
                                 Article X
mis Af^ecment is dravm up in duplicate in the Danish , Dutch , English, French ,
German end Italian languages , each of theso texts being equally authentic .
 ---pagebreak---                            TO ATVl'TOM TTT 0?     AttrsatBW'
                                     Article 1
   lie livery .shall to completed and the risks shall pass from the European
   Economic Community to the recipient country as soon as the goods are actually
   taken in charge in the ship 's hold at the port of unloading . ■ ■
                            t
   9?he recipient country shall "bear    all cpsts subsequent to delivery of the
   goods , including the costs of unloading ("breaking, bulk , hoisting, talcing
: delivery , / for example ) as well as any lighterage costs .
                                                                  »
  Any demurrage costs or dispatch money at the port of unloading shall , as trie
  case msy be , be borne by oi^-paid to the recipient country . The rates and
  conditions of payment applying to any contract between the Conxiunity agent
  referred to in Article 5 and the carrier wast have been previously agreed
  between that agent and the recipient country 's agent referred to in Article 5
                                    Article ?.
  The European Economic Community shall forward to the recipient country ,
  as soon as possible after the goods have been shipped , a notice giving the
  name of the ship , the date of loading , . the quantity and quality of the goods
  on loading and tho port of unloading .                  '  '
                                    Article 3
  The European Economic Community shall inform the recipient country of the
  ship 's presided date of arrival at the port of unloading at least ten clear
  days before that date .
  The Earo pern Economic Community shall cause to be inserted in tho charter-
  party an undertaking by tho captain to give to the recipient coxmtry at
  least 72 hours' notice of the probable date of the ship 's arrival in the port
 ---pagebreak---                                    ΛΗίΙρ } <5 Α
 On delivery of the cooda , a tolerance of 5 /' I OGR thpjri ilie cp.i.v.ntity "to "bo
 supplied in accordance vrith Article I of the Agreement • in permitted .
                                   Art ici a *5
She Soropean Economic Community shall appoint an agent to iinplcncr.-i, the
provisions of this Annex , and shall in ,r;ood time' forward the letter 's
naivie and address Jo the recipient country .
                                                                          r
                          ι
The recipient country shall apjx>int an a£ent in each port of unloading ,
and shall forward the latter' s nane and a&drosa to the European Econonic
Community prior to implementation of the Agreement .
                                   Article      6 •
Upon delivery of the goods , the recipient country shall hand to the agent
of the ESC a certificate of acceptance stating the port of shipment , date
of acceptance , the nature and quantity of the goods accepted and including
any comments on the quality of the goods .          ..


               EUROPEAN COMMISSION
            Brussels, 28.2.2012
            COM(2012) 67 final
            This document was downgraded/declassifiedDate : 25.08.2017By : K. VandenbergheAuthority : DG RTD
            Recommendation for a
            COUNCIL DECISION
            authorising the opening of negotiations on an agreement for scientific and technological cooperation between the European Atomic Energy Community of the one part, and the Swiss Confederation, of the other part, associating the Swiss Confederation to the Framework Programme of the European Atomic Energy Community (Euratom) for nuclear research and training activities (2012-2013)

               EXPLANATORY MEMORANDUM

               1.By letter of 14 March 2011 Switzerland expressed its interest to become associated to the Framework Programme of the European Atomic Energy Community for nuclear research and training activities (2012-2013)
                  1
               .

               2.The Swiss Confederation (hereafter Switzerland) has been associated to the fusion thematic area of the Euratom framework programmes since 1979 on the basis of the Cooperation Agreement between the European Atomic Energy Community and the Swiss Confederation in the field of controlled thermonuclear fusion and plasma physics of 1978
                  2
               .

               3.On 8 January 1986, the Council and the Commission concluded a Framework Agreement for scientific and technical cooperation between the European Community and the European Atomic Energy Community and the Swiss Confederation (hereafter Framework Agreement)
                  3
               . Article 6 of the Framework Agreement states that scientific and technical co-operation is to be carried out through appropriate agreements.

               4.Switzerland became associated to the Seventh Framework Programme of the European Atomic Energy Community (Euratom) on nuclear research and training activities (2007-2011)
                  4
                on the basis of a scientific and technological cooperation agreement which was signed on 25 June 2007, with effect from 1 January 2007. This agreement was without prejudice to the terms of the Cooperation Agreement between the Swiss Confederation and the European Atomic Energy Community in the field of controlled thermonuclear fusion and plasma physics of 1978.

               5.On 7 March 2011, the Commission submitted a proposal on a legislative package concerning the Framework Programme of the European Atomic Energy Community (Euratom) for nuclear research and training activities (2012-2013)
                  5
               .

               6.With respect to the Euratom energy research activities, exploratory discussions have taken place to identify the research potential and mutual interest in associating Switzerland to the Euratom research framework programme (2012-2013).

               7.In the light of the above, the Commission recommends that the Council authorises the Commission to negotiate, in accordance with Article 101, paragraph 2 of the Euratom Treaty, with the Swiss Confederation the agreement for scientific and technological cooperation between the European Atomic Energy Community, of the one part, and the Swiss Confederation, of the other part, associating the Swiss Confederation to the Framework Programme of the European Atomic Energy Community (Euratom) for nuclear research and training activities (2012-2013).

               Recommendation for a

               COUNCIL DECISION

               authorising the opening of negotiations on an agreement for scientific and technological cooperation between the European Atomic Energy Community of the one part, and the Swiss Confederation, of the other part, associating the Swiss Confederation to the Framework Programme of the European Atomic Energy Community (Euratom) for nuclear research and training activities (2012-2013)

               THE COUNCIL OF THE EUROPEAN UNION

               Having regard to the Treaty establishing the European Atomic Energy Community, and in particular the second paragraph of Article 101 thereof;

               Having regard to Council Decision of 19 December 2011 concerning the Framework Programme of the European Atomic Energy Community for nuclear research and training activities (2012 - 2013)
                  6
               ;

               Having regard to Council Decision of 19 December 2011 concerning the specific programme, to be carried out by means of indirect actions, implementing the Framework Programme of the European Atomic Energy Community for nuclear research and training activities (2012 - 2013)
                  7
               ;

               Having regard to Council Decision of 19 December 2011 concerning the specific programme, to be carried out by means of direct actions by the Joint Research Centre, implementing the Framework Programme of the European Atomic Energy Community for nuclear research and training activities (2012 - 2013)
                  8
               ;

               Having regard to Council Regulation of 19 December 2011 laying down the rules for the participation of undertakings, research centres and universities in indirect actions under the Framework Programme of the European Atomic Energy Community and for the dissemination of research results (2012 - 2013)
                  9
               ;

               Having regard to the recommendation from the Commission;

               WHEREAS

               (1)The Swiss Confederation expressed its interest to become associated to the Framework Programme of the European Atomic Energy Community on nuclear research and training activities (2012 - 2013);

               (2)It is in the interest of the Community to associate the Swiss Confederation to the Framework Programme of the European Atomic Energy Community for nuclear research and training activities (2012-2013);

               HAS ADOPTED THIS DECISION:

               Article 1

               The Commission is hereby authorised to negotiate on behalf of the European Atomic Energy Community an agreement for scientific and technological cooperation between the European Atomic Energy Community of the one part, and the Swiss Confederation, of the other part, associating the Swiss Confederation to the Framework Programme of the European Atomic Energy Community for nuclear research and training activities (2012-2013).

               Article 2

               The negotiations shall be conducted on the basis of the negotiating directives set out in the Annex.

               Article 3

               The Commission shall keep the Council informed of the state of progress of the negotiations.

               Article 4

               This decision is addressed to the Commission.

               Done at Brussels,

                     For the Council

                     The President

               ANNEX

               NEGOTIATING DIRECTIVES

               1. The agreement for scientific and technological cooperation between the European Atomic Energy Community (hereinafter "Euratom"), of the one part, and the Swiss Confederation, of the other part (hereinafter "the Agreement"), will provide for association of the Swiss Confederation to the whole of the Framework programme of Euratom for nuclear research and training activities (2012-2013)
                  10
               , without prejudice to the terms of the 1978 Fusion Agreement.

               2. In order to allow the Swiss Confederation to participate, as soon as possible, in the whole Euratom Framework Programme as an associated country, the Agreement should provide for provisional and retroactive application as of 1 January 2012. The Agreement will contain a provision concerning reimbursement of funds and legal consequences for projects and activities in progress started during the provisional application, in the event of lack of conclusion by one of the sides.

               3. The terms and conditions of the Agreement with regard to the protection of the financial interests of Euratom should be fully in line with the provisions for the protection of the financial interests of the EU set out in the Agreement on scientific and technological cooperation between the European Community and the European Atomic Energy Community, of the one part, and the Swiss Confederation, of the other part
                  11
               .

               4. The terms and conditions of the Agreement will be coherent with Council Regulation of 19 December 2011 laying down the Rules for Participation of undertakings, research centres and universities in indirect actions under the Framework Programme of the European Atomic Energy Community and for the dissemination of research results (2012-2013)
                  12
               .

               5. The Agreement should provide for adequate protection of the financial interests of Euratom covering the communication of financial data, audits and administrative anti-fraud on-the-spot investigations, administrative assistance and the recovery of money. Insofar as necessary, the Agreement should also envisage elimination of obstacles in relation to taxation and social security resulting from the cross-border participation of researchers in research projects under the Agreement, in particular for the personnel of the Joint Research Centre governed by the staff regulations of the European Union.

                     (1)
                  OJ L …..

                     (2)
                  OJ L 242 04.09.1978, p.2

                     (3)
                  OJ L 313 22.11.1985, p. 6

                     (4)
                  Council Decision 2006/970/Euratom OJ L 400, 30.12.2006, p. 60

                     (5)
                  COM(2011)71, COM(2011)72, COM(2011)73, COM(2011)74

                     (6)
                  Ref. Council 17503/11 – to be published in the OJ

                     (7)
                  Ref. Council 17504/11 – to be published in the OJ

                     (8)
                  Ref. Council 17505/11 – to be published in the OJ

                     (9)
                  Ref. Council 17506/11 – to be published in the OJ

                     (10)
                  Ref. Council 17503/11 – to be published in the OJ

                     (11)
                  OJ L 189, 20.07.2007, p.24-39

                     (12)
                  Ref. Council 17506/11 – to be published in the OJ


title: Recommendation for a COUNCIL DECISION on the conclusion of a Protocol on financial and technical cooperation between the European Economic Community and the Lebanese Republic (presented by the Commission)

text:
ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (87) 529
Vol. 1987/0265
 ---pagebreak--- Disclaimer
Conformément au règlement (CEE, Euratom) n° 354/83 du Conseil du 1er février 1983 concernant
l'ouverture au public des archives historiques de la Communauté économique européenne et de
la Communauté européenne de l'énergie atomique (JO L 43 du 15.2.1983, p. 1) modifié en dernier
lieu par le règlement (UE) 2015/496 du Conseil du 17 mars 2015 (JO L79 du 25. 3.2015, p. 1), ce
dossier est ouvert au public. Le cas échéant, les documents classifiés présents dans ce dossier
ont été déclassifiés conformément à l'article 5 dudit règlement ou sont considérés déclassifiés
conformément aux articles 26(3) et 59(2) de la décision (UE, Euratom) 2015/444 de la
Commission du 13 mars 2015 concernant les règles de sécurité aux fins de la protection des
informations classifiées de l'Union européenne.
In accordance with Council Regulation (EEC, Euratom) No 354/83 of 1 February 1983 concerning
the opening to the public of the historical archives of the European Economic Community and the
European Atomic Energy Community (OJ L 43, 15.2.1983, p. 1), as last amended by Council
Regulation (EU) 2015/496 of 17 March 2015 (OJ L 79, 27.3.2015, p. 1), this file is open to the
public. Where necessary, classified documents in this file have been declassified in conformity
with Article 5 of the aforementioned regulation or are considered declassified in conformity with
Articles (26.3) and 59(2) of the Commission Decision (EU, Euratom) 2015/444 of 13 March 2015
on the security rules for protecting EU classified information.
In Übereinstimmung mit der Verordnung (EWG, Euratom) Nr. 354/83 des Rates vom 1. Februar
1983 über die Freigabe der historischen Archive der Europäischen Wirtschaftsgemeinschaft und
der Europäischen Atomgemeinschaft (ABI. L 43 vom 15.2.1983, S. 1), zuletzt geändert durch die
Verordnung (EU) Nr. 2015/496 vom 17. März 2015 (ABI. L 79 vom 25.3.2015, S. 1), ist dieser Akt
der Öffentlichkeit zugänglich. Soweit erforderlich, wurden die Verschlusssachen in diesem Akt in
Übereinstimmung mit Artikel 5 der genannten Verordnung freigegeben; beziehungsweise werden
sie auf Grundlage von Artikel 26(3) und 59(2) der Entscheidung der Kommission (EU, Euratom)
2015/444 vom      13.   März 2015     über die   Sicherheitsvorschriften für den Schutz von  EU-
Verschlusssachen als herabgestuft angesehen.
 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                                     COM(87 ) 529 final
                                                     Brussels , 29 October 1987
                                  Recommendation for a
                                      COUNCIL DECISION
  on the conclusion of a Protocol on financial and technical cooperation
              between the European Economic Community and the
                                     Lebanese Republic
                           ( presented by the Commission )
                                  ,         -V
                      '> V   '                 \
                   /■vV:-'          A            \
                 /•••<-.                           \
                1--1           - 1 ■               :
  C0MC87 ) 529 final
 ---pagebreak---                                                г-
 1.  On 25 November 1985 the rognrU adopted negotiating Directives authorizing
     the Commission to enter ;;;to negotiations with Algeria, Egypt , Israel ,
     Jordan, Lebanon, Morocco, Syria and Tunisia with a view to concluding new
0
    Protocols on financial and technical cooperation .    On 30 March 1987 the
    Council supplemented these Directives .
     Following Egypt , Tunisia , Israel , Jordan and Algeria , negotiations
     have also been completed with Lebanon .
    The chairmen of the respective delegations have initialled the text of the
    draft Protocol .
    It should be noted that the result of the negotiations is in complete
    accordance with the Directives referred to above .
2.  The Commission recommends that the Council approve the result of the
    negotiations and initiate the procedure for signature and conclusion .
    It therefore presents herewith :
                             O.
    -a recommendation     for Council decision: on the conclusion of a Protocol
                             Λ
          on financial and technical cooperation, with Lebanon
        »
          annexed to the recommendation:;, the text of the draft Protocol ..
                                                    *
                                                                 i
 ---pagebreak--- PREAMBLE
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,
of the one part , and
THE PRESIDENT OF    THE REPUBLIC OF LEBANON
of the other part ,
REAFFIRMING their resolve to implement , under the Mediterranean
policy of the enlarged Community , co-operation which will
contribute to the economic and social development of. Lebanon
and promote the strengthening of relations betweert the Community'
»n rf Lebanon .
ANXIOUS to pursue to this end the financial and technical
co-operation provided for in the Co-operation Agreement ,
HAVE DECIDED to conclude this Protocol and to this end have
 designated as their Plenipotentiaries :
                                                              e • ./ • •
                                                                         E
 ---pagebreak---                                      Artide 2
The President of the Council shall give the notification provided for
in Article 21 of the Protocol .^
  The date of entry into force of the Protocol will be published in the
  Official Journal of the European Communities  by the General Secretariat
  of the Council .
 ---pagebreak---                                      -S -
2.        The risk capital referred to in paragraph 1(c ) shall
   contribute to the co-operation objectives and operations
   defined in Article 3 , in particular those indicated in the
   second indent of paragraph 2 of that Article .
           It shall be used primarily to make equity capital or the
   like available to Lebanon            private undertakings , public
   undertakings and undertakings with State participation , in
   particular those with which natural or legal persons who are
   nationals of a Community Member State are associated . It may
   be used under the same conditions to finance specific studies
   for the preparation and development of such undertakings' projects
   and to assist such undertakings in their starting-up period .
          It shall be granted and administered by the Bank and may take
   the form of :
   ( a ) subordinated loans , where repayment and payment of any
         interest will not be made until other bank claims have
         been settled ;
   ( b ) conditional loans , where repayment or duration will depend on
         the fulfilment of conditions specified at the time when the
         loan is granted ;
   ( c ) acquisition of temporary minority holdings on behalf of the
         Community in the capital of undertakings established in
          Lebanon     »
   ( d ) finance for the acquisition of holdings , in the form of
         conditional loans granted to Lebanon          or , with the
          Lebanese      Government ' s agreeroant , to  Lebanese
         undertakings , either directly or through the intermediary of
            Lebanese    financial institutions .
                                                                        £
 ---pagebreak---                             Article 3
     The total amount fixed in Article 2 shall be used primarily
for the financing or part-financing of co-operation projects or
operations aimed at :
– developing and diversifying agricultural production so as to
  reduce Lebanon 's     food dependence * and efforts to diversify
  agricultural production and exports with a view to Increasing
  the complementarity of the different Mediterranean regions ;
- strengthening the economic links between the Community and
  Lebanon      in their mutual interest by developing co-operation
  in the fields of industry , training and research , technology ,
  commerce and other services ;
- ragionai and multilateral co-operation .
     Economic infrastructure and industrial development which are
complementary to the above operations may also be financed .
     Of the eligible projects and operations priority shall be
given to those having the following aims :
- in the agricultural' sector , developing the production of
  agricultural products in short supply , particularly food crops ,
  inter alia in the framework of multi annual programmes and
  operations in the context ©f the national food strategy
  For maximum effectiveness , concentration of resources in
  specific sectors shall be sought ;
 ---pagebreak---                                     - H» ~
   - in the industrial and service sectors , promotion of .joint
       venture a between firms from the Community Member States and
        Lebanese      firms , direct contacts , exchange of information ,
       promotion of investment , contribution of private capital , and
       support for small and medium-si zed enterprises , including craft
       foulnesses , in order to promote employment ;
   - in the field of science and technology , expansion of Lebanon
       training and research capability and establishment or development
       of links between Lebanon          and European private and public
       training and research institutions ;
   - in the trade' sector , diversification and promotion of exports and
       organization of contacts between Lebanese          firms and firms
       from the Cømmunity Kember States ;
   - in the priority areas referred to above , practical training
      schemes linked to projects or operations in firms and research
       institutions .
3.         The Community 's financial contributions shall be used to cover
   internal and external costs necessarily incurred in carrying out
   approved projects or schemes ( including costs in respect of studies ,
   consulting engineers and technical assistance ). They may not be
   used to cover current administrative , maintenance or operational -
   expenditure .
                                   Article 4
1.         Capital projects shall fee eligible for financing either
   toy loans from the Bank ,
                                                  , er by risk capital ,
    2>r by grants , or toy a combination of these seana .
2.         Technical and economic co-operation shall Ror-’&l ly fee fi nance u
                                                                    ■ï • o / * <ï *
                                                                                E
 ---pagebreak---                             Article 5
                                                                          A*
1*        The amounts to be committed each year shall be
   distributed as evenly as possible throughout the period
   of application of this Protocol .
2.        Any funds not committed at the end of the period
   referred to in Article 2(1 ) shall be used until exhausted .
   Zn such cases , the funds shall be used in accordance with
   the same arrangements as those laid down in this Protocol .
                             Article 6
1.        Loans granted by the Bank from its own resources shall
   be made in uccordance with the arrangements , conditions and
   procedures laid down in its statute . They shall ,• as regards       -
   their duration , be subject to terms established on the
   basis of the economic and financial characteristics of the
   projects for which these loans are intended , also taking
   into account the conditions obtaining on the capital markets
   on which the Bank procures its resources . The interest
   rate shall be determined in accordance with the Bank 's
   practice at the time of signature of each loan contract ,
2.        The terms and arrangements for contributions to risk
   capital formation shall be determined on a case-by-case
   basis .
3.       Aid from the Community 's budget resources , other than
   that .
                      intended for risk capital operations , shall
   be granted and administered by the Commission .
4.        The funds referred to in Article 2 may be granted
   through the intermediary of the State or appropriate
    l_ebcLT>ese   bodies , on condition that they allocate the
   amounts to the recipients on terms decided , by agreement with
   the Community , on the basis of the economic and financial
   characteristics of the projects and operations for which they
   are intended .
                                                          • • • / • • •
                                                                      £
 ---pagebreak---                                     - ц.-
                                 Article 7
       Aid contributed by the Community for the execution of
certain projects may , with the agreement of Lebanon             t
take the form of co-financing in which , in ©articular , credit
and development bodies and institutions Of Lebanon              , Of
Member States or of third States or international finance
organisations would take oart .
                                 Article B
      The following shall be eligible for financial and technical
co-operation :
( a ) in general :
      - the     Lebanese    State ,
( b ) with the agreement of the Lebanese          Government , for
      projects or operations approved by it :
      - official   Lebanese    ,   ievelopment agencies ,
      - private agencies working in Lebanon          for economic
        and social development ,
      - undertakings carrying on their activities in accordance
        with Industrial and business management methods and
        set up as legal persons within the meaning of Article 12 ,
      - groups of producers who are nationals of          Lebanon         and ,
        exceptionally , where no such groups exist , the producers
        themselves ,
      - scholarship holders and trainees sent by Lebanon                  under
        the training schemes referred to in Article 3 .
                                                                   • • • /...
                                                                            E
 ---pagebreak---                                 -'a -
                              Article 9
1.        With a view to making optimum use of the instruments and means
   provided for in the Protocol and achieving the objectives laid down
   in Article 3 , the Community and Lebanon        shall , taking
   information provided by lebanon       as a basis , examine :
   - the priority development objectives adopted at national level ;
   - the sector or sectors on which the Community contribution will
     be focussed , taking account in particular of the contributions of
     other providers of funds on a bilateral or multilateral basis and
     other Community instruments , including food aid ;
   - the measures and schemes best suited to achieving the sectoral
     objectives referred to in the second indent or , where such
     schemes are not sufficiently well defined , the broad objectives
     of the programmes for supporting the policies defined by the
     country in respect of those sectors ;
   - the regional action programmes which could be financed by the
     Community .
2.        On this basis the Community and Lehanon        shall , by mutual
   agreement , draw up an indicative programme committing both parties
   and determining the specific objectives of financial and technical
   co-operation , the priority sectors for intervention and the
   action programmes envisaged .
          The indicative programme may be reviewed by mutual agreement
   to take account of any changes in      Lebanon 's   economic situation
   or in the objectives and priorities laid down by its development
   plan .
4.        The Community and Lebanon     shall continue their exchanges
   of views within the appropriate bodies and shall , at least once
   during the period of implementation of the Protocol and at the
   latest before the end of the third year following the entry into
   force of the Protocol , make an assessment of the implementation of
   the indicative programme .
                                                                          E
 ---pagebreak---                               Artide 10
     Within the framework laid down in accordance with Article 9 ,
the Lebanese       State or , with the agreement of its Government ,
the other possible beneficiaries referred to in Article 8 shall
submit their requests for financial aid to the Community .
     The Community shall appraise the requests for financing in
collaboration with the competent Lebanese         authorities and
other beneficiaries , in accordance with the objectives referred
to in Article 9 , and shall inform them of the decisions taken
on such requests .
                              Article 11
     The execution , management and maintenance of schemes that
are the subject of financing under this Protocol shall be the
responsibility of     Lebanon     or of the other beneficiaries
referred to in Article 8 of this Protocol .
     The Community shall make sure that this financial aid is
expended in accordance with the agreed allocations and to the
best economic advantage .
     The projects and action programmes shall be the subject of
appropriate evaluation , the outcome of which shall be communicated
to both parties , whicf* shall take appropriate measures by mutual
agreement .
     Certain rules for administering the financial aid granted by
the Community shall be the subject of an exchange of letters or
a framework agreement between the Commission and      Lebanon
upon conclusion of this Protocol .
 ---pagebreak---                                             3
                          Recommendation for a Council Decision
                    on the conclusion of a Protocol on financial and
             technical cooperation between the European Economic Community
                           and    the Republic of Lebanon
 THE COUNCIL OF THE EUROPEAN COMMUNITIES ,
 Having regard to the Treaty establishing the European Economic Community,
 and in particular Article 238 thereof ,
 Having regard to the recommendation from the Commission,
  Having regard to the assent of the European Parliament ,
 Whereas the Protocol on financial and technical cooperation between the
 European Economic Community and      the Republic of Lebanon   , should
be approved ,
HAS DECIDED AS FOLLOWS :
                                        Article 1
The Protocol on financial and technical cooperation between the European
Economic Community and      the Republic of Lebanon    is hereby approved on
behalf of the Community . The text of the Protocol is attached to this
Decision .
                  /
 ---pagebreak---                                     Article 2
The President of the Council shall give the notification provided for
in Article 21 of the Protocol .^
  The date of entry into force of the Protocol will be published in the
  Official Journal of the European Communities  by the General Secretariat
  of the Council .
 ---pagebreak---                                      –    –
                                                                                w
                                    Artide 15
            Lebanon     ^bal 1 take the necessary measures to ensure
 that Interest and all other payments due to the Bank In respect
 of transactions concluded under this Protocol are exempted from
 any national or local tax or levy .
                                   Article 16
        Where a loan is accorded to a beneficiary other than the
  Lebanese        State , the provision of a guarantee by the latter or
 of other adequate guarantees shall be required by the Bank as a
 condition of the grant of the loan .
                                    Article 17
        Throughout the duration of the loans and risk capital operations
provided for in Article 2 , Lebanon            shall undertake to ;
 ( a ) place at the disposal of the beneficiaries or their guarantors
       the currency necessary for the payment of interest and commission
       and amortization of loans and risk-capital aid granted for
       the implementation of aid measures on their territory ;.
 ( b ) make available to the Bank the foreign currency necessary for
       the transfer of all sums received by it in national currency
       which represent the net revenue and proceeds from transactions
       involving the acquisition by the Community of holdings in
       the capital of companies or firms .
                                   Article 18
        The results of financial and technical co-operation may be
examined within the Co-operation Council . The latter shall establish ,
where appropriate , the general guidelines for such co-operation .
                                   Article 19
        One year before the expiry of this Protocol , the Contracting
Parties shall examine what arrangements could be made for financial
and technical co-operation during a possible further period .
                                  Article 20
        This Protocol shall be annexed to the Co-operation Agreement
concluded between the European Economic Community and the
  Republic of Lebanon .
                                                                    • • • / • « •
                                                                                E
 ---pagebreak---                                                                               U ,
                                - щ-
                              Article 21
1.       This Protocol shall be subject to approval in accordance
   with the Contracting Parties' own procedures ; the Contracting
   Parties shall notify one another that the procedures necessary to
   this end have been completed .
2.       This Protocol shall enter into force on the first day of
   the second month following the date on which the notifications
   provided for in paragraph 1 have been given .
                              Article 22
     This Protocol is drawn up in two original copies in the
Danish , Dutch , English , French , German , Greek , Italian , Portuguese ,
Spanish and     Arabic    languages , each of these texts being equally
authentic .
                                                                   • • /• • •
                                                                           £
 ---pagebreak---                                    - J 1-
                                                                 ANNEX I
!• Draft statements for entry in the minutes of the negotiations
                                                         0
    1-
   t          " It is understood that the application ©f Article 5(2 )
        is subject to the submission of mutually acceptable projects
        by the    Lebanese     Government ".
     2•                    _Ç£!!!!I!£Di*£_SJeleg&tien_r®_Articl e«!§
              " The provisions of the Financial Protocol are without
        prejudice to the general question of the origin of aid eligible
        for financing by the Bank from its own resources or from risk
        capital and do not , in this connection , affect the exercise
        by the Bank 's bodies of their powers under the Statute of the
        Bank ."
              " The grants for the financing ©f technical co-operation
        saay be used to finance aid originating outside the Community
        smd the recipient State , in the event ©f Joint            financing
        ®nu where the wisdom ©f using that type ©f ©©-financing has
        been shown ."
                                                                            1


RECOMMENDATION FOR A COUNCIL DECISION AUTHORIZING THE COMMISSION TO ENTER INTO NEGOTIATIONS PURSUANT TO ARTICLE XXVIII OF THE GATT WITH A VIEW TO ADAPTING THE COMMUNITY' S TARIFF CONCESSION SCHEDULES TO THE HARMONIZED COMMODITY DESCRIPTION AND CODING SYSTEM


title: RECOMMENDATION FOR A COUNCIL DECISION authorizing the Commission to open negotiations for the conclusion of agreements extending the period of application of the Interim Agreements between the European Economic Community, the Maghreb and the Mashreq countries (submitted to the Council by the Commission)

text:
ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (78) 163
Vol. 1978/0053
 ---pagebreak--- Disclaimer
Conformément au règlement (CEE, Euratom) n° 354/83 du Conseil du 1er février 1983
concernant l'ouverture au public des archives historiques de la Communauté économique
européenne et de la Communauté européenne de l'énergie atomique (JO L 43 du 15.2.1983,
p. 1), tel que modifié par le règlement (CE, Euratom) n° 1700/2003 du 22 septembre 2003
(JO L 243 du 27.9.2003, p. 1), ce dossier est ouvert au public. Le cas échéant, les documents
classifiés présents dans ce dossier ont été déclassifiés conformément à l'article 5 dudit
règlement.
In accordance with Council Regulation (EEC, Euratom) No 354/83 of 1 February 1983
concerning the opening to the public of the historical archives of the European Economic
Community and the European Atomic Energy Community (OJ L 43, 15.2.1983, p. 1), as
amended by Regulation (EC, Euratom) No 1700/2003 of 22 September 2003 (OJ L 243,
27.9.2003, p. 1), this file is open to the public. Where necessary, classified documents in this
file have been declassified in conformity with Article 5 of the aforementioned regulation.
In Übereinstimmung mit der Verordnung (EWG, Euratom) Nr. 354/83 des Rates vom 1.
Februar 1983 über die Freigabe der historischen Archive der Europäischen
Wirtschaftsgemeinschaft und der Europäischen Atomgemeinschaft (ABI. L 43 vom 15.2.1983,
S. 1), geändert durch die Verordnung (EG, Euratom) Nr. 1700/2003 vom 22. September 2003
(ABI. L 243 vom 27.9.2003, S. 1), ist diese Datei der Öffentlichkeit zugänglich. Soweit
erforderlich, wurden die Verschlusssachen in dieser Datei in Übereinstimmung mit Artikel 5
der genannten Verordnung freigegeben.
 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                            COM(78)163 final
                                            Brussels , 12 May . 1978
                RECOMMENDATION FOR A COUNCIL DECISION
             i        .                .                          "  ,
   authorizing the Commission to open negotiations for the conclusion
   of agreements extending the period of application of the Interim
   Agreements between the European Economic Community , the Maghreb
   and the Mashreq countries .
          ( submitted - to the Council by the Commission )
   COM(78)163 final
 ---pagebreak---                      EXPLANATORY MEMORANDUM
The Interim Agreements concluded with Algeria , Morocco , Tunisia , Egypt ,
Jordan , Syria and Lebanon pending the entry into force of the Cooperation
Agreements expire on 30 June this year . As of today , it is not certain
that the ratification of these agreements will be completed in the Mem
ber States before 8 May , the latest date which would allow them to
enter into force on 1 July 1978 . In these circumstances , the necessary
steps will have to be taken to prolong the Interim Agreements until 31
December 1978 .
Accordingly , the Commission is submitting herewith a recommendation for
a Council decision which would authorize it to open negotiations with
the countries concerned in order to conclude agreements prolonging the
Interim Agreements until 31 December 1978 .
 ---pagebreak---                     RECOMMENDATION FOR A COUNCIL DECISION
authorizing the Commission to negotiate agreements extending the
            I
period of application of the Interim Agreements between the
European Economic Community on the one hand and Algeria , Morocco ,
Tunisia , Egypt , Jordan , Lebanon and Syria on the other hand .,
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,              -
Having regard to the Treaty establishing the European Economic
Community, and in particular Article 113 thereof ,
Having regard to the recommendation from the Commission ,
Whereas , pending the entry into force of the Cooperation Agreement
between the European Economic Community on the one hand and Algeria ,
Morocco , Tunisia , Egypt , Jordan , Lebanon and Syria on the other , it
necessary to extend beyond 30 June 1978 the period of application of
the Interim Agreements concluded with those countries ,
HAS DECIDED AS    FOLLOWS  :
                               Sole Article
      The, Commission is hereby authorized to negotiate , on the basis
of the directives annexed hereto , agreements extending the period
of application of the Interim Agreements concluded between the
European Economic Community on the one hand and Algeria , Morocco ,
Tunis /a , Egypt , Jcirdan, Lebanon and Syria on the other .
      The Commission shall conduct the negotiations in consultation
with the Article 113 Committee .
 ---pagebreak---                                                                 ANNEX
      (i) The Interim Agreements with Algeria , Morocco , Tunisia , Egypt ,
          Jordan , Lebanon and Syria will be extended until 31 December
          1978 ;
  ( ii )  Article 11(1 ) of the Interim Agreements with Algeria and
          Tunisia , Article 12(1 ) of the Interim Agreement with Morocco
          and Annex C of the said Agreements will be adapted to take
          account of the further period covered by the agreements by
          virtue of such extension .
( iii )   Article 13(2 ) ( b ) and ( 3 ) of the Interim Agreement with Algeria
          will be adapted in order to take account of the application
          of the periods and timetables fixed in Article 20(2 ) ( b ), ( 3 )
          and ( 4) of the Cooperation Agreement .


title: RECOMMANDATION FOR A COUNCIL DECISION concerning the position of the Community within the Organisation for Economic Co-operation and Development on a draft recommendation concerning institutional co-operation between authorities of member countries of OECD responsible for supervision of private insurance (presented by the Commission, to the Council)

text:
ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (78) 736
Vol. 1978/0273
 ---pagebreak--- Disclaimer
Conformément au règlement (CEE, Euratom) n° 354/83 du Conseil du 1er février 1983
concernant l'ouverture au public des archives historiques de la Communauté économique
européenne et de la Communauté européenne de l'énergie atomique (JO L 43 du 15.2.1983,
p. 1), tel que modifié par le règlement (CE, Euratom) n° 1700/2003 du 22 septembre 2003
(JO L 243 du 27.9.2003, p. 1), ce dossier est ouvert au public. Le cas échéant, les documents
classifiés présents dans ce dossier ont été déclassifiés conformément à l'article 5 dudit
règlement.
In accordance with Council Regulation (EEC, Euratom) No 354/83 of 1 February 1983
concerning the opening to the public of the historical archives of the European Economic
Community and the European Atomic Energy Community (OJ L 43, 15.2.1983, p. 1), as
amended by Regulation (EC, Euratom) No 1700/2003 of 22 September 2003 (OJ L 243,
27.9.2003, p. 1), this file is open to the public. Where necessary, classified documents in this
file have been declassified in conformity with Article 5 of the aforementioned regulation.
In Übereinstimmung mit der Verordnung (EWG, Euratom) Nr. 354/83 des Rates vom 1.
Februar 1983 über die Freigabe der historischen Archive der Europäischen
Wirtschaftsgemeinschaft und der Europäischen Atomgemeinschaft (ABI. L 43 vom 15.2.1983,
S. 1), geändert durch die Verordnung (EG, Euratom) Nr. 1700/2003 vom 22. September 2003
(ABI. L 243 vom 27.9.2003, S. 1), ist diese Datei der Öffentlichkeit zugänglich. Soweit
erforderlich, wurden die Verschlusssachen in dieser Datei in Übereinstimmung mit Artikel 5
der genannten Verordnung freigegeben.
 ---pagebreak---              COMMISSION OF THE EUROPEAN COMMUNITIES
                                                                         COM(78)736 final
                                                                         Brussels , 19 December 197$
                              RECOMMANDATION FOR A COUNCIL DECISION
              concerning "the position of the Community within the Organisation for
              Economic Co-operation and Development on a draft recommendation con
              cerning institutional co-operation between authorities of member coun
                 tries of O0CD responsible for supervision of private insurance
                           (presented by the Commission, to the Council)
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                                                        ι ^>ν"
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                                         V C* '
                                          X^. ; . , V.V
Ca;(78 ) 736 final
 ---pagebreak---      Recommendation for a Council Itecision concerning1 the position of
     the Community within the Organisation for Economic Co-operation
     and Development on a draft recommendation concerning institutional
     oo-operation between authorities of member countries responsible
                      for supervision of private insurance
Obieotive and background
Hie Insuranoe Committee of the Organisation for Economic Co-operation
and Development (OECD) has for many years devoted itself to achieving
freedom of insurance transactions among its member countries .
It appeared to some of these countries that the development of a system
of oo-oparation between the supervisory authorities of these countries
was indispensable if further progress was to be made in that direction .
Several drafts have been examined by the Insurance Committee , the last
one having been drawn up by a limited working pairty composed of repre
sentatives of France , Austria and Spain. The text produced by this
working party is annexed; it was examined by the Insurance Committee
on 17 and 18 May 1977# I"t takes the form of a draft recommendation,
which has still to be submitted to the OECD Council ,, and on which the
Community must adopt a position.
Contents of the OECD draft recommendation
The recommendation urges the member countries of the OECD
(1) to require the responsible authorities to exchange information of
    a general character relating, inter alia, to national previsions
    relevant to the supervision of the solvency of conoerns ,
(2) to conclude "bilateral conventions with a view to enabling those
    authorities to exchange information and to lend on© another
    assistance .
 ---pagebreak---       A model bilateral convention is contained in the recowraendation . It
   • provides for a minimal degree- of oo-op ©ration as regarda exohange of
      information and reciprocal assistance . It also specifics that '"Bie-
      rules as to secrecy to which the authorities of the Contracting States
      are subject shall not impede co-operation, between suoh authorities and
      reoiprooal assistance as provided for in the present Convention ," and
      " TSie information exchanged may be used by those authorities solely for .
      carrying out their task of supervision." (Article 4(l ))»
III . Role of the Community as regards this draft recommendation
      The importance of this recommendation for the Community must be
      appraised in the light of the coordination of laws achieved by appli
      cation of the Council Directive of 24 July 1973 (OJ L 228 of 16 August
      1973 ) and by reference to the following considerations :
      - Collaboration between supervisory authorities is provided for in the
         directive on co-ordination of liability insurance of 24 July 1973 as
         an essential component of the co-ordination , which is thus not limited
         to a harmonization of the substantive law. In particular , they have
         the obligation of granting authorization to the branches of under
         takings having their head office in another Member State which satisfy
         the requirements of the directive .
      - This direotive expressly stipulates that " The Commission and the com
         petent authorities of the Member States shall collaborate closely for
         the purpose of facilitating the supervision of direct insurance within
         the Community ..." ( Article 33 ).
      - Branches of undertakings of non-member States are covered by the
         direotive , which subjects them to precise substantive rules . For this
         reason, they must furnish information and documents emanating from the
         supervisory authorities of non-member countries .
      - Collaboration between a supervisory authority of a Member State and
         the supervisory authority of a non-member State may thus be suoh as
         to faoilitate the implementation of this Community direotive .
 ---pagebreak---                                        - 3 -
     As regards the application of the recommendation to the conclusion of a
     convention with a non-Community Member State of the OECD, for example
     following a proposal made Toy that State or a request presented lay one
    or more Member States , the Commission will submit appropriate recom
    mendations with a view to opening negotiations with such third country
    or countries .
     The Commission considers , in this connection, that there may be cases
    where it will not be necessary , at least at a first stage , to extend the
    co-operation to the authorities of all the Member States of the Community,
    for example where the activities , within the Community , of another State
    or the activities of Community-based enterprises within that State do not ,
    at that stage , affect all the Member States .
    The Commission will take account of such. cases in its recommendations to
    the Counoil , so that such recommendations may, a3 the case requires ,
    provide that the authorities of certain Member States are not included
    in the agreement , or indeed that negotiations shall take place between
    a Member State and the non –Member State   concerned ,
    •Hie Commission considers , finally, that It is in the interest of the
    Community that Member States , for their part , adopt a common position
    and also give their support to this draft OECD recommendation .
IV, Conclusions
    In conclusion, the Commission recommends that the Council should decides
    1 , that the Community shall for its part accept the OECD draft recom
        mendation concerning institutional co-operation between authorities
        of member countries responsible for supervision of private insurance ;
    2, that for this purpose the Commission, in the name of the Community,
        shall make the following declaration to the OECDt " The European Economic
        Community approves the recommendation concerning institutional co-operation
        between authorities of member countries responsible for supervision of
        private insurance . As regards mors particularly the conclusion of
        bilateral conventions envisaged in point 2 of the recommendation, the
        Community is ready to engage in appropriate negotiations with other
        Member States of the OECD who so desire ,"
 ---pagebreak---                                                              ANNEX
                      1 RECOMMENDATION OF THE COUNCIL
                              CONCERNING
           INSTITUTIONAL CO-OPERATION BETWEEN AUTHORITIES
           OP MEMBER COUNTRIES RESPONSIBLE FOR SUPERVISION
                         OF PRIVATE INSURANCE
The Council ,
HAVING REGARD TO Article 5(b)       "the Convention (on the Organisation for
Eoonomic Co-operation and Development of 14th December, i960);
HAVING REGARD TO the Report by the Insurance Committee of ...•••••• on
co-operation "between authorities of Member countries responsible for
supervision of private insurance , and, in particular , to paragraph 3
thereof ;
RECOMMENDS Member countries :
(1 ) to require their administrative authorities responsible for super
     vision of private insurance , whenever they receive a request from
     another supervisory authority of a Member country, to exchange
     directly between themselves information of a general character re
     lating, inter alia, to legislative , regulatory and administrative
     requirements in the field of insurance , in order to permit of
     comparisons between countries such as might promote , as applicable ,
     voluntary alignments of the relevant national provisions ;
(2) to conclude , in the light of the developments of their economic
     relations in the insuranoe sector, bilateral conventions, in accordance
     with the attached model , in order to exeroise their function of super
     vision and to lend one another assistance reciprocally.
 ---pagebreak---                                MOIEL CONVENTIOTT
                                  Preambule
States (A) and (B),
Being desirous of facilitating the operations of insurance concerns
oarrying on "business in their countries and of strengthening as much
as possible the proteotion of policy-holders and beneficiaries under
contracts of insurance ;
Considering that for such purpose it is essential to increase the means
of obtaining information which are available to supervisory authorities
in order that they may , through better knowledge of the overall situation
of a concern undertaking insurance in their countries, exercise their
function with the maximum effectiveness ;
Have agreed to conclude the present Convention concerning co-operation
and reciprocal assistance in the field of supervision of private insurance
ooncerns .
                                    Article 1
                                General Provisions
1 . Co-operation and reciprocal assistance as provided for in the following
    provisions relate to direct insurance ,
2. 1&e administrative authorities responsible for co-operation and
    reciprocal assistance are s
    - in (State A): ••••• # ••
    - in (State B )! ••••••••
The said administrative authorities are in the following Articles termed
" authorities"#
 ---pagebreak---                                      - 3 -
                                  Article 2
                           Exchange of information
1 . The authorities of the Contracting States undertake to give each other
    such information as they need for the exercise of their function , and in
    particular for the exercise of supervision of private insurance concerns .
2. The foregoing provisions shall neither entitle the authorities of the
    Contracting States to request nor oblige them to give information which
    they are not entitled to obtain under their national law.
                                   Article 3
                            Reciprocal Assistance
1 . The authorities of the Contracting States shall reciprocally lend each
    other assistance in order to facilitate as far as possible the application
    of each State 's own law relating to supervision of insurance concerns .
2 . Should the situation of a concern carrying on insurance business in the
    Contracting States be such that it is expedient to take measures to
    safeguard the interests of its policy-holders , the authorities may
    consult together with a view to taking, if possible by mutual agreement ,
    appropriate measures in accordance with their national law-
                                   Article 4
                                    Secrecy
1 . The rules as to secrecy to which the authorities of the Contracting States
    are subject shall not impede co-operation between such authorities and
    reciprocal assistance as provided for in the present Convention .
2« Nevertheless , any request for information, any information provided or
    any consultation shall be kept secret in relation to third parties , unless
    the authorities concerned decide by mutual agreement that it is not of
    a confidential character.
                                                                           ./■
 ---pagebreak---                                      - 4 -
  3 . The provisions of Articles 2 and 3 may in no case be construed as
      obliging a Contracting State to communicate any information which
      would reveal a commercial secret of the concern in question, or any
      information the communication of which would be contrary to public
      policy ("ordre public ").
                                  Article 5
                         Application of the Convention
 1 . For the purpose of applying the present Convention, the authorities of
     the Contracting States shall communicate directly between themselves.
 2. If oral exchanges of views Bhould appear likely to facilitate the ap
     plication of the Convention, then Buch exchanges of views may take place
     in a Commission oomposed of representatives of the authorities
                                Final provisions
(Provisions conoerningi ratification, entry into force, termination of
the Convention),


Important legal notice

|

52006SC0285

Recommendation for a Council Decision giving notice to Germany, in accordance with Article 104(9) of the EC Treaty, to take measures for the deficit reduction judged necessary in order to remedy the situation of excessive deficit  /* SEC/2006/0285 final */

	[pic] | COMMISSION OF THE EUROPEAN COMMUNITIES |Brussels, 1.3.2006SEC(2006) 285 finalRecommendation for aCOUNCIL DECISIONgiving notice to Germany, in accordance with Article 104(9) of the EC Treaty, to take measures for the deficit reduction judged necessary in order to remedy the situation of excessive deficit(presented by the Commission)EXPLANATORY MEMORANDUMTHE EXCESSIVE DEFICIT IN GERMANYThe excessive deficit procedure (EDP) is governed by Article 104 of the Treaty and by Council Regulation (EC) No 1467/97 of 7 July 1997 on speeding up and clarifying the implementation of the excessive deficit procedure[1], which is part of the Stability and Growth Pact.Following evidence of a general government deficit above the Treaty reference value of 3% of GDP in 2002 and based on a recommendation from the Commission, the Council decided on 21 January 2003 that an excessive deficit existed in Germany (Article 104(6) of the Treaty)[2]. In addition, under the terms of the Stability and Growth Pact and based on a Commission recommendation, the Council adopted that same day, a recommendation under Article 104(7) with a view to bringing an end to the situation of an excessive deficit. In this recommendation, the Council called upon “the German government to put an end to the present excessive deficit situation as rapidly as possible in accordance with Article 3(4) of Council Regulation (EC) No 1467/97”, meaning that the deficit should be brought below 3% of GDP by 2004. The recommendation was made public. As stated in the Commission Communication of 14 December 2004[3], with which the Council concurred on 18 January 2005, in view of the unique circumstances created by the Council conclusions of 25 November 2003 and of the ruling of the European Court of Justice of 13 July 2004, the year 2005 should be considered to be the relevant deadline for the correction of the excessive deficit.In 2005, the general government deficit in Germany amounted to 3.3% of GDP, according to the data provided by Eurostat based on the report pursuant to Council Regulation (EC) No 3605/93, which Germany submitted to the Commission on 24 February 2006. According to Article 10(3) of Council Regulation (EC) No 1467/97, if “actual data” provided by the Commission “indicate that an excessive deficit has not been corrected by a participating Member State within the time limits specified (…) in recommendations issued under Article 104(7) (…) the Council shall immediately take a decision under Article 104(9)”, that is, “give notice to the Member State to take, within a specified time-limit, measures for the deficit reduction which is judged necessary by the Council in order to remedy the situation” .THE ECONOMIC AND BUDGETARY SITUATION IN GERMANYThe Commission services’ autumn 2005 forecast projected the 2005 deficit at 3.9% of GDP[4]. On a no-policy change basis, the Commission services’ forecast projected the deficit at 3.7% and 3.3% of GDP in 2006 and 2007, respectively. Real GDP growth was projected at 0.8% in 2005, 1.2% in 2006 and 1.6% in 2007, with the output gap not fully closing over the forecast period.Against this background and in view of the still fragile economic situation, the German government, that emerged from the elections of 18 September 2005, devised a strategy to bring the general government deficit below the Treaty reference value by 2007. The government has begun to implement this consolidation strategy already in December 2005, with the adoption of the first measures foreseen therein. On 22 February 2006, the government adopted the draft federal budget for 2006 and, notably, also adopted the draft law to raise the central VAT rate from 16% to 19% as from 1 January 2007.On 22 February 2006, the Federal Statistical Office released a figure of 0.9% for GDP growth in 2005. According to data provided by Eurostat, the general government deficit in Germany amounted to 3.3% of GDP in 2005. These data, pending a further assessment of their quality, are based upon a provisional notification from Germany pursuant to Council Regulation (EC) No 3605/93, which Germany submitted to the Commission on 24 February 2006. The difference with respect to the Commission services’ autumn forecast can be found to a large extent in better-than-expected revenues towards the end of 2005.The Commission services’ interim forecast, published on 21 February 2006, projects real GDP to grow by 1.5% in 2006, which is slightly above the low potential growth rate. It should be noted that this projection is biased upwards by the expected pre-emptive response of domestic demand to the planned increase in the VAT rate. Taking into account the subsequent economic effects, GDP growth in 2007 is currently expected at close to 1%.Consistent with the above macroeconomic forecast, the nominal deficit is expected to stay slightly above 3% of GDP in 2006, but to drop clearly below the reference value in 2007. The structural deficit (i.e. the deficit in cyclically-adjusted terms, net of one-off and temporary measures) is projected by Commission services to remain broadly unchanged as a percent of GDP between 2005 and 2006 and to narrow by at least 1% of GDP in 2007.FISCAL POLICY REQUIREMENTS UNTIL 2007 AND BEYONDArticle 5(1) of Council Regulation (EC) No 1467/97 states that “ In the notice, the Council shall request that the Member State achieves a minimum annual improvement of at least 0.5% of GDP as a benchmark, in its cyclically-adjusted balance net of one-off and temporary measures, in order to ensure the correction of the excessive deficit within the deadline set in the notice ”.A decisive correction of the excessive deficit in Germany is essential, given the low growth potential and the budgetary challenges from an ageing population. Furthermore, persistent budgetary imbalances weigh on confidence and ultimately affect output growth. The budgetary consolidation strategy aiming at securing control of the budgetary imbalances is embedded in the comprehensive work programme devised in November 2005 by the German government. Its implementation is well-advanced. The consolidation strategy aims at a budgetary adjustment in structural terms equalling more than one percentage point to be delivered by 2007. The fact that such strategy will only have limited effects in 2006 partly reflects that some of the measures already implemented will show full effect only with a lag. The envisaged structural budgetary adjustment in the years 2006 and 2007 can be considered consistent with the SGP provisions, including the required annual improvement of the cyclical adjusted balance net of one-off and temporary measures of at least 0.5% of GDP as a benchmark. On the basis of the growth scenario outlined above, the planned adjustment should be sufficient to correct the excessive deficit in a permanent and sustainable manner and would be consistent with the SGP provisions.In the light of these factors, it appears that the excessive deficit should be corrected by 2007 at the latest. The benchmark of 0.5% of GDP p. a. structural improvement should be respected in cumulative terms in the years 2006 and 2007.* * *In view of the above findings, the Commission recommends the Council to give notice to Germany in accordance with Article 104(9) to take measures for the deficit reduction the Council judges necessary in order to remedy the situation of excessive deficit by 2007 at the latest in a permanent and sustainable way. A credible adjustment path with a view to bringing the deficit durably below 3% of GDP by 2007 at the latest would require Germany, on the basis of the Commission services’ growth scenario of February 2006, to ensure a cumulative improvement in the cyclically-adjusted balance (net of one-off and temporary measures) by one percentage point of GDP in the years 2006 and 2007. Germany shall take the necessary measures to ensure that budgetary consolidation towards its medium-term objective of a balanced budget in structural terms is sustained through a reduction in the structural deficit by at least 0.5% of GDP per year after the excessive deficit has been corrected. The Commission also recommends that a report be submitted before [14 July] 2006, outlining measures taken to comply with the recommended Council decision. In particular, the report should include a budgetary assessment of the measures with effect on 2006 and 2007 to correct the excessive deficit and possible risks associated to the assumed macroeconomic scenario. The Commission will evaluate this report with a view to assessing progress made towards the correction of the excessive deficit. The Commission also recommends, in accordance with Article 104(9), to request Germany to submit further reports in accordance with a specific calendar.Recommendation for aCOUNCIL DECISIONgiving notice to Germany, in accordance with Article 104(9) of the EC Treaty, to take measures for the deficit reduction judged necessary in order to remedy the situation of excessive deficitTHE COUNCIL OF THE EUROPEAN UNIONHaving regard to the Treaty establishing the European Community, and in particular Article 104(9) thereof,Having regard to the recommendation from the Commission under Article 104(9),Whereas:1.  According to Article 104(1) of the Treaty, Member States shall avoid excessive government deficits.2.  The Stability and Growth Pact is based on the objective of sound government finances as a means of strengthening the conditions for price stability and for sustainable strong growth conducive to employment creation. The Stability and Growth Pact includes Council Regulation (EC) No 1467/97 of 7 July 1997 on speeding up and clarifying the implementation of the excessive deficit procedure[5].3.  The Resolution of the Amsterdam European Council of 17 June 1997[6] on the Stability and Growth Pact solemnly invites all parties, namely the Member States, the Council and the Commission, to implement the Treaty and the Stability and Growth Pact in a strict and timely manner.4.  By Council Decision 2003/89/EC[7] of 21 January 2003, it was decided, in accordance with Article 104(6) of the Treaty, that an excessive deficit existed in Germany.5.  In accordance with Article 104(7) of the Treaty and Article 3(4) of Regulation (EC) No 1467/97, the Council addressed a Recommendation to Germany on 21 January 2003, calling on Germany to bring the excessive deficit to an end as rapidly as possible and by 2004 at the latest. The recommendation was made public. As stated in the Commission Communication of 14 December 2004[8], with which the Council concurred on 18 January 2005, in view of the unique circumstances created by the Council conclusions of 25 November 2003 and of the ruling of the European Court of Justice of 13 July 2004, the year 2005 should be considered to be the relevant deadline for the correction of the excessive deficit.6.  The general government deficit in Germany has been well above the 3%-of-GDP Treaty reference value since 2002. The debt-to-GDP ratio has increased from below the 60% of GDP Treaty reference value in 2001 to a projected 69% of GDP in 2006.7.  According to data provided by Eurostat, the general government deficit in Germany amounted to 3.3% of GDP in 2005. These data, pending a further assessment of their quality, are based upon a provisional notification from Germany pursuant to Regulation (EC) No 3605/93 of 22 November 1993 on the application of the Protocol on the excessive deficit procedure annexed to the Treaty establishing the European Community[9], which Germany submitted to the Commission on 24 February 2006. Additionally, on the basis of currently available information, taking into account the budgetary plans so far adopted by the German government, the general government deficit will remain above the Treaty reference value also in 2006 which confirms that the excessive deficit has not been corrected.8.  According to Article 10(3) of Regulation (EC) No 1467/97, if actual data pursuant to Regulation (EC) No 3605/93 indicate that an excessive deficit has not been corrected by a participating Member State within the time limits specified in a recommendation issued under Article 104(7), the Council shall immediately take a decision under Article 104(9) that is, give notice to the Member State to take, within a specified time-limit, measures for the deficit reduction which is judged necessary by the Council in order to remedy the situation.9.  The Commission services’ autumn 2005 forecast projected the 2005 deficit at 3.9% of GDP[10]. On a no-policy change basis, the Commission services’ forecast projected the deficit at 3.7% and 3.3% of GDP in 2006 and 2007, respectively. Real GDP growth was projected at 0.8% in 2005, 1.2% in 2006 and 1.6% in 2007, with the output gap not fully closing over the forecast period. Against this background, and in view of the still fragile economic situation, the German government following the 18 September 2005 elections devised a strategy to bring the general government deficit below the Treaty reference value by 2007. The government has begun to implement this consolidation strategy already in December 2005, with the adoption of the first measures foreseen therein. On 22 February 2006, the government adopted the draft federal budget for 2006 and, notably, also adopted the draft law to raise the central VAT rate from 16% to 19% as from 1 January 2007.10.  On 22 February 2006, the Federal Statistical Office released figures for GDP growth and the general government deficit in 2005, at 0.9% and 3.3% of GDP, respectively. The difference with respect to the Commission services’ autumn forecast can be found to a large extent in better-than-expected revenues towards the end of 2005. The Commission services’ interim forecast, published on 21 February 2006, projects real GDP to grow by 1.5% in 2006, which is slightly above the low potential growth rate. It should be noted that this projection is biased upwards by the expected pre-emptive response of domestic demand to the planned increase in the VAT rate. Taking into account the subsequent economic effects, GDP growth in 2007 is currently expected below 1%. Consistent with the above macroeconomic forecast, the nominal deficit is expected to stay slightly above 3% of GDP in 2006, but to drop clearly below the reference value in 2007. The structural deficit (i.e. the deficit in cyclically-adjusted terms, net of one-off and temporary measures) is projected by Commission services to remain broadly unchanged as a percent of GDP between 2005 and 2006 and to narrow by at least 1% of GDP in 2007.11.  The following factors should be taken into account in setting the deadline for the correction of the excessive deficit. First, the budgetary adjustment that is being implemented is embedded in a comprehensive strategy with the planned measures already well-advanced in the adoption process, which reduces uncertainty regarding the effectiveness of the consolidation. Second, the limited effects in terms of reduction of the structural deficit expected in 2006 reflect , at least in part, the fact that some of the measures already implemented will produce results only with a lag. Third, a structural adjustment of at least 1% of GDP in the years 2006 and 2007 planned by the government can be considered as consistent with the SGP provisions, including the required annual improvement of the cyclical adjusted balance net of one-off and temporary measures of at least 0.5% of GDP as a benchmark. Based on the overall macroeconomic forecast outlined in (10), such an adjustment would be sufficient to correct the excessive deficit in a permanent and sustainable manner.12.  In the light of these factors, it appears that the excessive deficit should be corrected by 2007 at the latest. The benchmark 0.5% of GDP annual improvement in the structural balance should be respected in cumulative terms in the years 2006 and 2007.13.  According to the second subparagraph of Article 104(9) of the Treaty, the Council may request Germany to submit reports in accordance with a specific timetable in order to examine the adjustment efforts made in order to comply with this Decision. Germany should submit a report to the Commission by [14 July] 2006 at the latest, outlining the measures that have been taken and are planned to be taken to comply with this Decision. In particular, the report should include a budgetary assessment of the measures quantifying their effects on the budgetary outcome in both 2006 and 2007 to correct the excessive deficit and analyse possible risks associated to the assumed macroeconomic scenario. The Commission will evaluate this report with a view to assessing progress made towards the correction of the excessive deficit. Germany should submit further reports in line with the deadlines for reporting government deficits and debt provided for by Article 4 of Regulation (EC) No 3605/93.14.  Adjustment measures should secure a lasting improvement in the general government balance. In order to ensure a sustained budgetary consolidation towards Germany’s medium-term objective of a balanced budget in structural terms, a reduction in the structural deficit by at least 0.5% of GDP per year is necessary after the correction of the excessive deficit.HAS ADOPTED THIS DECISION:Article 11. Germany shall put an end to the present excessive deficit situation as rapidly as possible and at the latest by 2007.2. In the years 2006 and 2007, Germany shall ensure a cumulative improvement in its cyclically-adjusted balance net of one-off and temporary measures by at least one percentage point.Article 21. Germany shall submit to the Commission, by [14 July] 2006 at the latest, a report outlining the measures taken to comply with this Decision. The Commission will evaluate this report with a view to assessing progress made towards the correction of the excessive deficit.2. Germany shall submit further reports to the Commission, by [1 October 2006, 1 April 2007, 1 October 2007 and 1 April 2008], examining progress made in complying with this Decision.Article 3Germany shall take the necessary measures to ensure that budgetary consolidation towards its medium-term objective of a balanced budget in structural terms is sustained through a reduction in the structural deficit by at least 0.5% of GDP per year after the excessive deficit has been corrected.Article 4This Decision is addressed to the Federal Republic of Germany.Done at Brussels,For the Council [1] OJ L 209, 2.8.1997, p. 6. Regulation as amended by Regulation (EC) No 1056/2005 (OJ L 174, 7.7.2005, p. 5).[2] All documents pertaining to the excessive deficit procedure for Germany can be found on the following website: http://europa.eu.int/comm/economy_finance/about/activities/sgp/edp/edpde_en.htm.[3] Communication from the Commission to the Council: The situation of Germany and France in relation to their obligations under the excessive deficit procedure following the judgement of the Court of Justice - COM(2004) 813.[4] This figure was broadly in line with the figure notified by the German authorities on 1 September (3.7% of GDP), the main difference stemming from the securitisation undertaken by the pension office for former post office civil servants, which was not treated as deficit-reducing in the autumn forecast.[5] OJ L 209, 2.8.1997, p. 6. Regulation as amended by Regulation (EC) No 1056/2005 (OJ L 174, 7.7.2005, p. 5).[6] OJ C 236, 2.8.1997, p. 1.[7] OJ L 34, 11.2.2003, p. 16.[8] Communication from the Commission to the Council: The situation of Germany and France in relation to their obligations under the excessive deficit procedure following the judgement of the Court of Justice - COM(2004) 813.[9] OJ L 332, 31.12.1993, p. 7.[10] This was broadly in line with the figure notified by the German authorities on 1 September (3.7% of GDP), the main difference stemming from the securitisation undertaken by the pension office for former post office civil servants, which was not treated as deficit-reducing in the autumn forecast.


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52004SC0625

Recommendation for a Council Decision on the existence of an excessive deficit in the Netherlands  /* SEC/2004/0625 final */

Recommendation for a COUNCIL DECISION on the existence of an excessive deficit in the Netherlands(presented by the Commission)EXPLANATORY MEMORANDUMOn 7 April 2004, the Commission published its Spring 2004 forecasts. [1] According to these forecasts, which took into consideration data reported by the Dutch Authorities on 31 March 2004, the general government deficit in 2003 reached 3.2% of GDP in 2003, thus exceeding the 3% of GDP Treaty reference value, and increased substantially relative to the 2002 deficit (1.9% of GDP). Based on this prima facie evidence, the Commission initiated the Excessive Deficit Procedure for the Netherlands on 28 April 2004, with the adoption of the report as foreseen in Article 104(3) of the Treaty. [2][1]  The Commission Spring 2004 forecast is available at the following website:[2]  The full text of this report is available at the following website:The application of the excessive deficit procedure (EDP) is governed by Article 104 of the Treaty and by Council Regulation (EC) No 1467/97 "on speeding up and clarifying the implementation of the excessive deficit procedure", which is part of the Stability and Growth Pact. [3][3]  OJ L 209, 2.8.1997.The Commission report according to Article 104(3) of the Treaty concluded that the excess of the 3.2% of GDP deficit in 2003 over the 3% of GDP Treaty reference value did not result, in the sense of the Stability and Growth Pact, from an unusual event outside the control of the Dutch authorities, nor was it the result of a severe economic downturn, which is defined in the Pact as an annual fall of real GDP of at least 2%. However, it occurred in a context of strongly negative growth, with real GDP growth at -0.7% in 2003, and a negative output gap of around 2% of GDP emerging. This largely explains the deterioration in the general government balance, which was further aggravated by a greater-than-expected weakening in receipts and higher-than-expected local government deficits while expenditure targets were largely met. Concerning developments in 2004, the Commission Spring forecast projects a general government deficit of 3.5% of GDP. After the publication of the Commission Spring forecast, the government adopted additional savings measures on 16 April 2004, equivalent to 0.6 % of GDP, with the objective of reducing the deficit to below 3% of GDP again in 2004, in line with the achievement in earlier years. According to the Commission report the achievement of this objective depends on the measures yielding the expected results and on not having second-round effects on economic activity and the budgetary outcome. Hence, there is a likelihood that the deficit could remain at or just above the 3% of GDP reference value in 2004.The Commission report, based on the Commission Spring forecasts, also concluded that the debt-to-GDP ratio reached 54.8% of GDP in 2003, below the 60% reference value of the Treaty. Moreover, it noted that the Commission projects the debt ratio to reach 56.3 % of GDP in 2004, which is above the 54.5 % of GDP projected by the Dutch authorities in the 2003 stability programme update but below the reference value of 60% of GDP.Article 104(4) of the Treaty states that "the Committee provided for in Article 114 (i.e. the Economic and Financial Committee) shall formulate an opinion on the report of the Commission". The Committee issued its opinion on 12 May 2004, subscribing to the assessment made by the Commission in its report. In particular, the EFC concluded that in 2003 the Netherlands did not comply with budgetary discipline regarding the deficit as defined in Article 104 of the Treaty, which suggests that an excessive deficit exists in the Netherlands.The EFC also considered that there is a likelihood that the general government deficit may remain at or just above the Treaty's reference value again in 2004, despite additional measures decided by the Dutch authorities, while the general government gross debt ratio would remain below the Treaty's reference value of 60 % of GDP in 2004.The Commission, having examined all the relevant factors taken into account in its report and having regard to the opinion of the EFC, is of the opinion that an excessive deficit exists in the Netherlands. This opinion, adopted by the Commission on 19 May 2004, has been addressed to the Council, according to Article 104(5) of the Treaty. The Commission recommends that the Council shall decide accordingly, in conformity with Article 104(6) and herewith addresses a recommendation for a decision to that effect. In addition, the Commission is submitting to the Council a recommendation for a Council recommendation to be addressed to the Netherlands with a view to bringing the situation of an excessive deficit to an end, according to Article 104(7) of the Treaty.Recommendation for a COUNCIL DECISION on the existence of an excessive deficit in the NetherlandsTHE COUNCIL OF THE EUROPEAN UNIONHaving regard to the Treaty establishing the European Community, and in particular Article 104(6) thereof,Having regard to the recommendation from the Commission,Having regard to the observations made by the Netherlands,Whereas:(1) According to Article 104 of the Treaty Member States are to avoid excessive government deficits.(2) The Stability and Growth Pact is based on the objective of sound government finances as a means of strengthening the conditions for price stability and for strong sustainable growth conducive to employment creation.(3) The excessive deficit procedure under Article 104 provides for a decision on the existence of an excessive deficit; whereas the Protocol on the excessive deficit procedure annexed to the Treaty sets out further provisions relating to the implementation of the excessive deficit procedure. Council Regulation (EC) No 3605/93 [4] amended by Council Regulation (EC) No 475/2000 [5] and by Commission Regulation (EC) No 351/2002 [6] lay down detailed rules and definitions for the application of the provision of the said Protocol.[4]  OJ L 332, 31.12.1993, p. 7.[5]  OJ L 58, 3.3.2000, p. 1.[6]  OJ L 55, 26.2.2002 p. 23.(4) Article 104(5) of the Treaty requires the Commission to address an opinion to the Council if the Commission considers that an excessive deficit in a Member State exists or may occur. The Commission has addressed such an opinion on the Netherlands to the Council on 19 May 2004.Having examined all relevant factors taken into account in its report in accordance with Article 104(3) and having regard to the opinion of the Economic and Financial Committee in accordance with Article 104(4), the Commission concluded in its opinion (19 May 2004) that there exists an excessive deficit in the Netherlands.(5) Article 104(6) of the Treaty lays down that the Council should consider any observations which the Member State concerned may wish to make before deciding, after an overall assessment, whether an excessive deficit exists.(6) The overall assessment leads to the conclusion that the general government deficit reached 3.2% of GDP in 2003 in the Netherlands and that the breach of the 3% of GDP Treaty reference value occurred in spite of substantial savings measures by the authorities. According to the Commission, the breach of the 3% of GDP threshold in 2003 is mainly due to the impact of the economic slowdown. However, the excess of the general government deficit over the 3% of GDP reference value does not result from an unusual event outside the control of the Dutch authorities, nor is it the result of a severe economic downturn in the sense of the Stability and Growth Pact, which is defined as a fall in real GDP of at least 2%. Even after taking into account the additional measures decided by the authorities on 16 April 2004, which were not included in the Commission Spring 2004 forecast, there is a likelihood that the general government deficit could be above 3% of GDP also in 2004. This suggests that the breach of the 3% of GDP Treaty reference value for the deficit may not be temporary. Finally, the debt ratio, which is projected to reach 56.3% of GDP in 2004 according to the Commission Spring forecast, will continue to be below the 60% of GDP Treaty reference value in that year.HAS ADOPTED THIS DECISION:Article 1From an overall assessment it follows that an excessive deficit exists in the Netherlands.Article 2This decision is addressed to the Kingdom of the Netherlands.Done at Brussels, 19 May 2004.For the CouncilThe President[...]