               EUROPEAN COMMISSION
            Brussels, 18.5.2016
            COM(2016) 297 final
            Recommendation for a
            COUNCIL DECISION
            abrogating Decision 2009/416/EC on the existence of an excessive deficit in Ireland

               Recommendation for a

               COUNCIL DECISION

               abrogating Decision 2009/416/EC on the existence of an excessive deficit in Ireland

               THE COUNCIL OF THE EUROPEAN UNION,

               Having regard to the Treaty on the Functioning of the European Union, and in particular Article 126(12) thereof,

               Having regard to the recommendation from the Commission,

               Whereas:

               (1)On 27 April 2009, following a recommendation from the Commission, the Council decided, by Decision 2009/416/EC
                  1
                in accordance with Article 104(6) of the Treaty establishing the European Community, that an excessive deficit existed in Ireland. The Council noted that the general government deficit reached 6.3% of GDP in 2008, thus above the 3 % of GDP Treaty reference value and it was estimated to widen to 11% of GDP in 2009. The general government gross debt was projected to breach the 60 % of GDP Treaty reference value in 2009.

               (2)On the same date, in accordance with Article 104(7) of the Treaty and Article 3(4) of Council Regulation (EC) No 1467/97, the Council, based on a recommendation from the Commission, issued a recommendation to Ireland to correct the excessive deficit by 2013 at the latest. That Council recommendation was made public.

               (3)On 2 December 2009, the Council concluded that the Irish authorities had taken effective action in compliance with the Council recommendations of 27 April 2009, but that unexpected adverse economic events with major unfavourable consequences for government finances could be considered to have occurred in Ireland after the adoption of the original recommendation. Therefore, the Council, following a recommendation from the Commission, considered that the conditions envisaged in Article 3(5) of Regulation (EC) No 1467/97 were fulfilled and issued a new Recommendation to Ireland under Article 126(7) of the Treaty with a view to bringing the excessive deficit situation to an end by 2014
                  2
               .

               (4)On 7 December 2010, the Council considered that unexpected adverse economic events with major unfavourable consequences for government finances, notably with reference to the substantial banking sector support measures that had to be implemented, had occurred in Ireland. Therefore, the Council following a recommendation from the Commission, issues a new Recommendation to Ireland under Article 126(7) of the Treaty, setting a 2015 deadline for the correction of the excessive deficit
                  3
               . At the same time, following the request by the Irish authorities for financial assistance from the European Union, the Member States whose currency is the euro and the International Monetary Fund (IMF), the Council addressed a decision to Ireland on granting financial assistance and on specific measures to restore financial stability and sustainable growth
                  4
               . The Memorandum of Understanding on Specific Economic Policy Conditionality (the "Memorandum of Understanding") between the Commission and the Irish authorities was signed on 16 December 2010.

               (5)On 24 August 2011, the Commission concluded that Ireland had taken effective action towards correcting the excessive deficit by 2015 as recommended by the Council on 7 December 2010
                  5
               .

               (6)In line with Article 10(2), letter (a), of Regulation (EU) No 472/2013, Ireland was exempted from a separate reporting under the excessive deficit procedure and reported in the framework of its financial assistance programme.

               (7)In December 2013, Ireland successfully completed the EU-IMF financial assistance programme, with the vast majority of policy conditions under the programme met and investor confidence in the sovereign and the banking sector restored.

               (8)In accordance with Article 4 of the Protocol on the excessive deficit procedure annexed to the Treaties, the Commission provides the data for the implementation of the procedure. As part of the application of this Protocol, Member States are to notify data on government deficits and debt and other associated variables twice a year, namely before 1 April and before 1 October, in accordance with Article 3 of Council Regulation (EC) No 479/2009
                  6
               .

               (9)The Council should take a decision to abrogate a decision on the existence of an excessive deficit on the basis of notified data. Moreover, a decision on the existence of an excessive deficit should be abrogated only if (i) the Commission forecasts indicate that the deficit will not exceed the 3% of GDP threshold over the forecast horizon
                  7
               .

               (10)Based on data provided by the Commission (Eurostat) in accordance with Article 14 of Regulation (EC) No 479/2009, following the April 2016 notification by Ireland, the 2016 Stability Programme and the Commission 2016 spring forecast, the following conclusions are justified:

               –Since 2009, when the deficit peaked at around 11.5% of GDP (excluding deficit-increasing one-off measures related to financial sector support), the general government balance has steadily improved, with the deficit declining to 3.8% of GDP in 2014 and to 2.3% of GDP in 2015 (1.3% of GDP if a one-off transaction is excluded
                  8
               ). Overall, the deficit reduction was mainly driven by expenditure restraint, with the weight of current primary expenditure as a share of GDP declining by 8.5% between 2010 and 2015. This was supported by an increase in the revenue-to-GDP ratio of ½% during the same period.

               –The 2016 stability programme, submitted by Ireland on 29 April 2016, plans a decline in the general government deficit to 1.1% of GDP in 2016 and, based on a no-policy-change assumption, to 0.4% of GDP in 2017
                  9
               . The Commission 2016 spring forecast projects a deficit of 1.1% of GDP in 2016 and, based on a no-policy change assumption, of 0.6% of GDP in 2017. Thus, the deficit is set to remain below the Treaty reference value of 3% of GDP over the forecast horizon.

               –The Commission estimates the structural balance, which is the general government balance adjusted for the economic cycle and net of one-off and other temporary measures, to have improved by 6.7% of GDP over the period 2011-2015.

               –Ireland’s general government gross debt-to-GDP ratio has steadily fallen, having peaked at 120% in 2013, and is projected to be on a downward path over the forecast horizon. In particular, gross government debt fell to 93.8% of GDP in 2015 from 107.5% of GDP in 2014, due to the surge in nominal GDP and the sale of state assets, and is projected to decline further to 89.1% of GDP in 2016. The gross government debt ratio is forecast to continue decreasing to 86.6% of GDP in 2017, also due to favourable cyclical conditions, historically-low interest rates and primary budget surpluses.

               (11)As from 2016, which is the year following the correction of the excessive deficit, Ireland is subject to the preventive arm of the Stability and Growth Pact and should progress towards its medium-term budgetary objective at an appropriate pace, including respecting the expenditure benchmark, and comply with the debt criterion in accordance with Article 2(1a) of Regulation (EC) No 1467/97. In this context, there appears to be a risk of some deviation from the required adjustment path towards the medium-term budgetary objective in 2016, while Ireland is projected to be compliant in 2017. Ireland is projected to be compliant with the transitional debt rule in both years. Overall, further measures will be needed in 2016.

               (12)In accordance with Article 126(12) of the Treaty, a Council Decision on the existence of an excessive deficit is to be abrogated when the excessive deficit in the Member State concerned has, in the view of the Council, been corrected.

               (13)In the view of the Council, the excessive deficit in Ireland has been corrected and Decision 2009/416/EC should therefore be abrogated,

               HAS ADOPTED THIS DECISION:

               Article 1

               From an overall assessment it follows that the excessive deficit situation in Ireland has been corrected.

               Article 2

               Decision 2009/416/EC is hereby abrogated.

               Article 3

               This Decision is addressed to Ireland.

               Done at Brussels,

                     For the Council

                     The President

                     (1)
                  Council Decision 2009/416/EC of 27 April 2009 on the existence of an excessive deficit in Ireland.

                     (2)
                  Council Recommendation of 2 December 2009 with a view to bringing to an end the situation of an excessive deficit in Ireland.

                     (3)
                  Council Recommendation of 7 December 2010 with a view to bringing to an end the situation of an excessive deficit in Ireland.

                     (4)
                  Council Implementing Decision of 7 December 2010 on granting Union financial assistance to Ireland.

                     (5)
                  Communication from the Commission to the Council on the assessment of the action taken by Ireland in response to the Council Recommendation of 7 December 2010 with a view to bringing an end to the situation of excessive government deficit - COM(2011) 509 final, 24.8.2011.

                     (6)
                  Council Regulation (EC) No 479/2009 of 25 May 2009 on the application of the Protocol on the excessive deficit procedure annexed to the Treaty establishing the European Community (OJ L 145, 10.6.2009, p. 1).

                     (7)
                  In line with the “Specifications on the implementation of the Stability and Growth Pact and Guidelines on the format and content of Stability and Convergence Programmes” of 3 September 2012. See:

                     http://ec.europa.eu/economy_finance/economic_governance/sgp/pdf/coc/code_of_conduct_en.pdf

                     (8)
                  In 2015, under the planned restructuring of the Allied Irish Bank (AIB)'s capital base, part of the government's preference shares were converted into ordinary shares. This conversion was done in preparation for the envisaged sale of those shares, as part of the plans of the Irish government to return the bank to private ownership. Under applicable accounting rules, this conversion increased Ireland's general government expenditure (and, consequently, its general government deficit) in 2015.

                     (9)
                  As government formation talks following the February general election were ongoing at end-April, the 2016 Stability Programme submitted by Ireland was prepared on a no-policy-change basis.


title: 65/403/CEE: Recommandation de la Commission, du 29 juillet 1965, adressée au Royaume de Belgique, au sujet de la loi du 8 avril 1965 créant un Fonds d'assainissement de l'agriculture (Les textes en langues française et néerlandaise sont les seuls faisant foi.)

text:
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31965H0403

Official Journal 144 , 12/08/1965 P. 2445 - 2446

 /* There is no English version of this document available since it was not included in the English Special Edition. The criteria used for acts not to be included were:  - acts no longuer in force at the date of accession of the United Kingdom and of the Republic of Ireland (01/01/1973)  - acts that were abolished automatically upon accession (for instance, some agreements between the Community and the United Kingdom, the Republic of Ireland or the Kingdom of Danemark)  - acts which are binding to their a adressees only and therefore only authentic in their languages  - acts which are not binding  - acts considered as not sufficiently important as to be included  - certain acts that were revoked during the production of the special edition.  oknoen73 */


Commission Recommendation addressed to Member States under Articles 155 and 115 concerning the export rules to be applied to third countries on wood products when implementing the provisions of Article 34 of the Treaty


title: Commission recommendation No 161/78/ECSC of 27 January 1978 imposing a provisional anti-dumping duty on certain sheets and plates, of iron or steel, originating in Japan

text:
28 . 1 . 78                           Official Journal of the European Communities                                 No L 23 /35
                              COMMISSION RECOMMENDATION No 161 /78 / ECSC
                                                       of 27 January 1978
              imposing a provisional anti-dumping duty on certain sheets and plates, of iron
                                               or steel, originating in Japan
THE COMMISSION OF THE EUROPEAN                                     risen from 61 600 tonnes in 1974 to about 247 000
COMMUNITIES,                                                       tonnes during the first nine months of 1977 and that,
                                                                   as a result, these imports together represent a market
Having regard to the Treaty establishing the European              share of more than 10 % in total and 3-4 % for
Coal and Steel Community, and in particular Articles               imports originating in Japan and Czechoslovakia, the
74 and 86 thereof,                                                 latter being already subject to a provisional anti
                                                                   dumping duty in the Community and that, on the
Having regard to Commission recommendation                         other hand, the Community steel industry is in a
77/329/ ECSC on protection against dumping or the                  crisis situation characterized by a reduction of about
granting of bounties or subsidies by countries which               1 1 % in the production of the products concerned
are not members of the European Coal and Steel                     between 1974 and 1977 in the Community and by a
Community ( 1 ), as amended by recommendation No                   reduction in the number employed from 780 000 to
3004/77/ECSC (2), and in particular Articles 15 and 19             720 000 between 1974 and 1977 and by widespread
thereof,                                                           short-time working and that, as a result, the Commu
                                                                   nity steel industry recorded serious losses in most of
Having heard the opinions expressed within the Advi               the firms concerned ;
sory Committee provided for by recommendation
77/329/ ECSC,
                                                                   Whereas, in order to remedy this situation, the
Whereas the Commission has received a complaint,                   Commission has introduced inter alia a system of
submitted in the name of the relevant Community                    guidance prices (4) for sales within the Community of
industry, setting out evidence as to the existence of              certain steel products produced by the European steel
dumping of certain sheets and plates, of iron or steel,            industry ;
originating in Japan and certain other countries, and
of material injury resulting therefrom ;                           Whereas, the import prices into the Community of
                                                                   products originating in Japan are considerably lower
Whereas the Commission has published basis                         than these guidance prices and such undercutting
prices (3) based on the lowest normal prices or costs of           prevents the European producers from achieving the
production in the supplying countries where normal                 guidance prices and jeopardizes the equilibrium of the
conditions of competition prevail, including the costs             entire pricing system and causes material injury to the
of transport, insurance and customs duties ;                       Community industry or to a major part of it ;
Whereas the prices of imports into the Community of
the products which are the subject of the complaint                Whereas immediate action has been requested by a
have been compared with these basis prices ;                       Member State ;
Whereas a preliminary examination of the matter
based on this comparison shows that these products,                Whereas, in the serious conditions being experienced
originating in Japan, are offered for import within the            by the Community steel industry, the interests of the
Community (the French market) at prices lower than                 Community require immediate action ;
the basis prices and that dumping has taken place, the
margin of which is constituted by this undercutting ;              Whereas it is for the Commission, without prejudice
                                                                   to the results of the investigation opened in accor
Whereas, with regard to injury to the industry                     dance with Article 1 1 of recommendation 77/329/
concerned, the evidence submitted to the Commis
                                                                   ECSC, to decide promptly to apply provisional
sion shows that, on the one hand, annual imports into              measures consisting of the imposition of a provisional
the Community of the products increased globally                   anti-dumping duty on imports of the products
from 560 000 tonnes to          1 350 000 tonnes between
                                                                   concerned, originating in Japan, the rate of which
 1974 and 1977, imports originating in Japan having                corresponds to the difference between the basis price
                                                                   published by the Commission for this product and its
(!) OJ No L 114, 5. 5 . 1977, p. 6 .
(2 ) OJ No L 352, 31 . 12. 1977, p . 13 .                          price on importation into the Community,
(3) Communication from the Commission of 31 December
     1977 concerning the basis prices of certain steel products    (4) OJ No L 1 14, 5 . 5. 1977, p . 1 ; OJ No C 174, 22. 7 . 1977
     (OJ No L 353 , 31 . 12. 1977, p. 1 ).                             and OJ No L 352, 31 . 12. 1977, p . 17.
 ---pagebreak--- No L 23/36                        Official Journal of the European Communities                             28 . 1 . 78
HAS ADOPTED THIS RECOMMENDATION :                                                 Article 2
                                                            The entry of the products described in Article 1 for
                        Article 1
                                                            consumption within the Community shall be condi
1 . A provisional anti-dumping duty is hereby               tional upon the deposit of a security for the amount of
imposed on the following products originating in            the provisional duty.
Japan :
                                                                                Article 3
— sheets and plates, of iron or steel, other than elec
    trical, not further worked than cold-rolled, of a       This recommendation is addressed to the Member
    thickness of less than 3 mm ,                           States .
— Common Customs Tariff subheadings 73.13 B II              They shall take all necessary measures to ensure that
    b) and c),                                              the provisions apply with effect from 28 January 1978
— NIMEXE codes 73.13-43, 45, 47 and 49 .                    for a maximum period of three months.
2. The amount of this duty shall be the amount by
which the effective price (basic price plus extras) esta   Done at Brussels, 27 January 1978 .
blished by contract, free frontier duty-paid, is lower
than the effective price (basic price plus extras)                                   For the Commission
published by the Commission for this product.
                                                                                Wilhelm HAFERKAMP
3. The provisions in force for the collection of
customs duty shall apply to the collection of this duty.                                 Vice-President


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52004SC0821

Recommendation for a Council opinion in accordance with the third paragraph of Art. 9 of Council Regulation (EC) No 1466/97 of 7 July 1997 On the convergence programme of Latvia, 2004-2007  /* SEC/2004/0821 final */

Recommendation for a COUNCIL OPINION in accordance with the third paragraph of Art. 9 of Council Regulation (EC) No 1466/97 of 7 July 1997 On the convergence programme of Latvia, 2004-2007(presented by the Commission)EXPLANATORY MEMORANDUMCouncil Regulation (EC) No 1466/97 on the strengthening of the surveillance of budgetary positions and the surveillance and coordination of economic policies [1] stipulates that non-participating Member States, that is, those which have not adopted the single currency, have to submit convergence programmes to the Council and the Commission for the purpose of multilateral surveillance at regular intervals under Article 99 of the Treaty.[1]  OJ L 209, 2.8.1997. All the documents referred to in this text can be found at the following website: http://europa.eu.int/comm/economy_finance/about/activities/sgp/main_en.htmIn accordance with Article 9 of this Regulation, the Council has to examine each convergence programme based on assessments prepared by the Commission and the Committee set up by Article 114 of the Treaty (the Economic and Financial Committee). On the basis of a recommendation from the Commission and after consulting the Economic and Financial Committee, the Council is required to deliver an opinion, following its examination of the programme. According to the Regulation, Member States need to submit annual updates of their convergence programmes, which may also be examined by the Council in accordance with these same procedures.The ten countries that joined the EU on 1 May 2004 have a derogation and thus do not yet participate in the single currency. They committed themselves to submitting their convergence programmes by 15 May 2004 and a first update thereof towards the end of 2004.Latvia's convergence programme covering the period 2004-2007 was submitted on 14 May 2004. The Commission services have carried out a technical evaluation of this programme, taking into account the results of the spring 2004 forecasts and having regard to the Code of Conduct [2] and the principles laid down in the Communication from the Commission to the Council and the European Parliament of 27 November 2002 on strengthening the co-ordination of budgetary policies [3]. This evaluation warrants the following assessment:[2]  Revised Opinion of the Economic and Financial Committee on the content and format of stability and convergence programmes, endorsed by the ECOFIN Council on 10.7.2001.[3]  COM(2002) 668 final, 27.11.2002.The first Latvian convergence programme, covering the period 2004-2007, was submitted on 14 May. The programme incorporates plans for joining ERM II at the beginning of 2005, shortly after changing the exchange rate peg from the SDR to the euro on 1 January. Adoption of the euro is targeted for 2008, after fulfilment of the convergence criteria by 2007. The document incorporates the measures in the budget for 2004 and draws upon the August 2003 pre-accession economic programme (PEP) covering the period 2003-2006.The programme complies only partly with the data requirements of the revised "code of conduct on the content and format of stability and convergence programmes". In particular, some of the data are not yet fully in line with ESA95 standards and general government debt and deficit figures should be treated with caution, since the data submitted in the March 2004 fiscal notification were not validated by Eurostat; in general, serious questions persist over the quality and consistency of the underlying data.Following an impressive 6.2% average growth over the five years 1999-2003, with growth of 7.5% achieved in 2003, the macroeconomic scenario envisages annual GDP growth averaging 6.6% in the programme period. For 2004 and 2005, compared with the Commission spring 2004 forecasts, the Latvian authorities are more optimistic as regards GDP growth, projecting growth in each year of 6.7%, against 6.2% in each year projected by the Commission. The difference mainly stems from particularly strong private consumption and investment growth foreseen by the Latvian authorities. Strong growth of domestic demand is expected to continue in the medium-term; although not unrealistic, this does not seem to be entirely consistent with the assumption of a large current account deficit remaining stable over the programme period (8.5-9.0% of GDP). Projected growth in the two latter years of the programme eases slightly to 6.5%, which again may be considered plausible but insufficiently cautious to underpin medium-term fiscal planning. In addition to vulnerability to external demand shocks, risks to growth stem from structural constraints. Overall, the macroeconomic projections are plausible though leaning towards the optimistic side.To achieve the Bank of Latvia's price stability objective, the currency (lats) has been pegged to the SDR at a fixed rate since 1994, with a normal fluctuation band of ±1 percent. In consequence the lats depreciated against the euro from early 2002, with some partial reversal since early this year. The exchange rate peg to the SDR has successfully contributed to the disinflation process in Latvia. Between 1999 and 2002, HICP inflation was modest, averaging 2.3 percent per year. However, since summer 2003, inflation has been rising, influenced by increases in administratively regulated prices (particularly energy tariffs, rents and healthcare fees), indirect tax adjustments and lagged effects of exchange rate developments. For 2003 HICP inflation reached 2.9%, up from 2.0% in 2002. Inflation rose further in the first quarter of 2004 and reached 6.2% in May, making improbable the attainment of both the programme's 4.5% and the Commission's 4.0% forecast HICP inflation rate for 2004. Inflation is nevertheless expected to decrease gradually and to be around 3% from 2006. Although the Latvian authorities consider the inflation pick-up in 2003 and 2004 to be of a temporary nature, mainly resulting from a combination of one-off factors, the Bank of Latvia recently increased the refinancing rate by 0.5 percentage points to 3.5% to prevent current high inflation rates from impacting adversely on inflation expectations. The short-term interest rate differential against the euro area remains above 200 basis points while the long-term bond yield differential amounts to around 100 basis points.The budgetary objectives stated in the programme are to ensure compliance with Treaty obligations on government deficits and eventually to reduce the deficit so as to attain balanced budget in the long term. Nevertheless, in the programme period the general government deficit is projected to remain at about 2% of GDP, and with some deterioration in 2004 relative to 2003 due to a worsening of the central government balance. A sharp reduction of the budget deficit is rejected in the programme on the grounds of expenditure needs related to EU and NATO memberships and to investment in human and physical capital. The programme envisages slight reductions in the revenue- and expenditure-to-GDP ratios over the period to 2007. On the revenue side this is not fully explained, particularly for 2006 and 2007, since no further changes to the tax system are envisaged after tax cuts in 2004, collection efficiency is assumed to strengthen over the programme period and significant EU funding should be received by the end of the period. On the expenditure side, additional outlays linked to NATO membership and implementation of partly EU-financed spending plans together account in 2004 for about 0.7 percentage points of GDP in net terms. These increases are expected to be more than offset by firm expenditure control focused on the reduction of transfers.Achieving the budgetary targets is plausible, although the medium-term fiscal scenario is not exempt from risks. On the downside these stem mainly from potentially lower than projected output growth; moreover general doubts attach to the successful implementation of the strategy given the evidence of an unreliable statistical base and weaknesses in administrative capacity. Pressures on expenditure are expected to intensify during the programme period - mainly owing to high investment needs, the transition costs of public sector reform and the need to co-finance EU assistance. In this context, actions planned to achieve consistency between budgetary plans and policy programmes, to prioritise expenditure and to improve the management of municipal finances and of the healthcare system seem appropriate. Against these downside risks, the deficit projections for 2004 and 2005 are broadly in line with the Commission spring 2004 forecast, while as noted above over the longer period there is some evidence of pessimism regarding revenue prospects, including that the budget should be recording significant net receipts of EU funding by the end of the period. Overall, risks attached to the budgetary targets seem broadly balanced. On the other hand, these targets do not provide a safety margin against breaching the 3% of GDP threshold and the lack of movement closer towards fiscal balance seems insufficiently ambitious. Compared with the 2003 PEP, for instance, growth expectations have been revised upwards but the budget consolidation path has remained unchanged. If the programme's envisaged growth rates materialise, a faster reduction of the general government deficit would be desirable, particularly in view of the present current account deficit and domestic demand pressures. A more rapid transition to a close-to-balance budgetary position in line with the Stability and Growth Pact would also leave room for the automatic stabilisers to play freely if growth slowed down.The programme foresees the debt-to-GDP ratio increasing from 15.3% of GDP in 2003 to 17.7% of GDP in 2007. The main driving force of the growing debt ratio is the primary deficit. With the exception of 2004, stock-flow adjustments are projected to be small. Through the programme period, the contribution of interest outlays remains broadly at the 2003 level, while nominal GDP growth has a substantial debt ratio-reducing effect. This debt projection appears plausible, given the other programme assumptions.The programme provides a brief overview of the government's structural reform programme which focuses on improving the business and investment environment and on increasing labour market flexibility and employment. It also outlines measures which largely reflect the Broad Economic Policy Guidelines in those fields. Furthermore, the programme mentions the priority measures underlying the fiscal consolidation, namely to increase fiscal efficiency, improve budgetary procedures and tighten expenditure control. However, in order to assess the planned measures in more detail, further information would be needed.Latvia is relatively well-placed to meet the budgetary costs of an ageing population although risks of long-term budgetary imbalances cannot be ruled out. The prospects for the long-term sustainability of public finances have been improved by the implementation of a three-pillar pension reform. This is further reinforced by the very low level of general government debt. Nevertheless, risks related to revenue losses due to the pension reform and to financing the restructuring of the healthcare system should be monitored in order to intervene promptly if necessary to stem deficit-increasing pressures. Moreover consolidation needs to be pursued further if the primary balance is to contribute to stemming the increase in public debt.Table: Comparison of key macroeconomic and budgetary projections>TABLE POSITION>Based on this assessment, the Commission has adopted the attached recommendation for a Council Opinion on the convergence programme of Latvia and is forwarding it to the Council.Recommendation for a COUNCIL OPINION in accordance with the third paragraph of Art. 9 of Council Regulation (EC) No 1466/97 of 7 July 1997 On the convergence programme of Latvia, 2004-2007THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community,Having regard to Council Regulation (EC) No 1466/97 of 7 July 1997 on the strengthening of the surveillance of budgetary positions and the surveillance and coordination of economic policies [4], and in particular Article 9(3) thereof,[4]  OJ L 209, 2.8.1997, p. 1. The documents referred to in this text can be found at the following website:Having regard to the recommendation of the Commission,After consulting the Economic and Financial Committee,HAS DELIVERED THIS OPINION:On [5 July] 2004 the Council examined the convergence programme of Latvia, which covers the period 2004 to 2007. The programme complies only partly with the data requirements of the revised "code of conduct on the content and format of stability and convergence programmes". In particular, some data are not yet fully in line with ESA95 standards and the general government debt and deficit figures should be treated with caution, since the data submitted in the March 2004 fiscal notification were not validated by Eurostat.The budgetary strategy underlying the programme aims to ensure compliance with Treaty obligations on general government deficits and eventually to reduce the deficit towards balance in the long term. Nevertheless, over the programme period the deficit is projected to remain at about 2% of GDP, and with some deterioration in 2004 relative to 2003 due to a worsening of the central government balance. The programme envisages maintaining a primary deficit of the order of 1% of GDP consistent with a slight reduction in both the revenue and expenditure ratios over the programme period. On the revenue side this is not fully explained, particularly for 2006 and 2007, since no further changes are envisaged after tax cuts in 2004 and collection efficiency is assumed to strengthen over the programme period. On the expenditure side this is assumed to result from firm expenditure control focusing on a reduction of transfers, while allowing for additional outlays linked to the obligations of NATO membership and to implementation of partly EU-financed spending plans. The two latter together account in 2004 for about 0.7 percentage points of GDP in net terms. The debt ratio, although increasing, at 17.7% of GDP in 2007, remains very low.The macroeconomic scenario underlying the programme seems to reflect rather favourable growth assumptions. In particular, the evolution of growth in the medium term projected in the programme could be slightly on the high side given structural constraints and the vulnerability of the economy to external shocks. The projection for inflation for 2004 is likely to be overshot but for later years appears realistic.The programme's targets for the general government deficit are below the 3% of GDP reference value in each year. However, they are unambitious and are inconsistent with a position of close to balance within the programme period. Risks to the budgetary outcome seem broadly balanced. The possibly optimistic growth forecast noted above is a negative risk for the envisaged budgetary targets, while confidence in the programme is tempered by the evidence of poor data quality. This is countered by some apparent pessimism in revenue forecasts, particularly in the later programme years. The budgetary stance in the programme does not provide a sufficient safety margin against breaching the 3% of GDP deficit threshold with normal macroeconomic fluctuations.Latvia is relatively well-placed to meet the budgetary costs of an ageing population. The prospects for the long-term sustainability of public finances have been improved by the implementation of a three-pillar pension reform. This is further reinforced by the very low level of general government debt. However, the risk of long-term budgetary imbalances cannot be ruled out. Timely implementation of measures aimed at containing age-related expenditure, together with a fiscal consolidation so as to secure an adequate primary surplus is essential to ensure that the public finances are on a sustainable footing.* * *In view of the above, if the growth rates envisaged in the programme materialise, Latvia is recommended to make faster progress towards a close-to-balance budgetary position, particularly in view of its large current account deficit and domestic demand pressures. Furthermore, Latvia is urged to improve the reliability and robustness of source data and methodologies used to ensure better adherence to ESA95 standards. Finally, the Latvian authorities are encouraged to proceed with the public sector reforms aimed at administrative capacity, thus increasing efficiency of the tax collection and strengthening expenditure control.Key projections from the convergence programme of Latvia>TABLE POSITION>


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31978H0072

78/72/EEC: Commission Recommendation of 16 December 1977 to the Government of the Kingdom of Belgium on two draft Royal Decrees implementing Directives 74/561/EEC and 74/562/EEC on admission to the occupations of road haulage operator and road passenger transport operator in national and international transport operations

Official Journal L 025 , 31/01/1978 P. 0041 - 0043

COMMISSION RECOMMENDATION of 16 December 1977 to the Government of the Kingdom of Belgium on two draft Royal Decrees implementing Directives 74/561/EEC and 74/562/EEC on admission to the occupations of road haulage operator and road passenger transport operator in national and international transport operations (1) (78/72/EEC) Under cover of a letter, dated 27 May 1977, the Permanent Representation of Belgium to the European Communities communicated to the Commission, for consultation purposes, the text of two draft Royal Decrees implementing the two Council Directives of 12 November 1974 on admission to the occupations of road haulage operator and road passenger transport operator in national and international transport operations.  These texts were communicated in accordance with Articles 7 (1) and 6 (1), respectively, of the abovementioned Directives.  The Commission regrets that, as a result of the late communication of the implementing measures by the Belgian Government, the latter has not only failed to fulfil, in time, the obligations incumbent upon it pursuant to Articles 7 and 6, respectively, of the two Council Directives of 12 November 1974, but has also prevented the Commission from issuing this opinion on time.  The Commission issues the following recommendation on the abovementioned draft Royal Decrees:    1. The Commission finds that the draft Royal Decrees laying down the conditions for admission to the occupations of road haulage operator and road passenger transport operator in national and international transport operations satisfy the provisions of the two Directives as regards the principle, definition and implementing procedures for the requirements of good repute and financial standing (Articles 3 and 2, respectively, of the Directives).       2. However, as regards the requirement of financial standing, the Commission draws the attention of the Belgian Government to the wording of the first subparagraph of Article 3 (1) and the first subparagraph of Article 2 (1), respectively, of the Directives, whereby undertakings must be of appropriate financial standing.  Since this requirement is not embodied in the wording of Article 2 of either of the draft Decrees, the Commission recommends that the Belgian Government make good this deficiency.       3. The Commission finds that, under Article 4 of both draft Royal Decrees, the requirement of professional competence must be satisfied before 1 January 1980 by natural persons and undertakings authorized, after 31 December 1974 and before 1 January 1978, to carry on the occupation of road haulage operator and/or road passenger transport operator, pursuant to the Law of 1 August 1960 and the Decree-Law of 30 December 1946 respectively.   (1) OJ No L 308, 19.11.1974, pp. 18 and 23.  However, it should be noted, in general, that Articles 5 (1) and 4 (1), respectively, of the Community Directives, expressly exempt natural persons and undertakings authorized before 1 January 1978 under national rules to carry on the occupation of road haulage operator and/or road passenger transport operator from the requirement of furnishing evidence that they satisfy the provisions of Articles 3 and 2, respectively, of the Directives, as regards the requirements of good repute, financial standing and professional competence.  Articles 5 (2) and 4 (2), respectively, of the Directives, restrict the scope of this exemption in that they specify that natural persons who, after 31 December 1974 and before 1 January 1978, have been authorized to carry on the occupation of carrier or designated to manage the transport operations of an undertaking, must satisfy the requirement of professional competence before 1 January 1980, without having provided evidence of professional competence under national rules.  Since the road haulage provisions in force in Belgium i.e. the Law of 1 August 1960, embody requirements for professional competence, it must be considered that Article 4 of the draft Royal Decree on admission to the occupation of road haulage operator is not in accordance with the Community provisions.  The Commission therefore recommends that the Belgian Government amends the draft Royal Decree on admission to the occupation of road haulage operator, by deleting the provisions referred to in Article 4 thereof.  The Commission also recommends the amendment of Article 4 of the draft Royal Decree on admission to the occupation of road passenger transport operator to ensure compliance with Article 4 (1) of the Community Directive, by the deletion of the obligation on the passenger transport undertakings cited to satisfy the requirement of professional competence.       4. As regards the draft Decree on the carriage of goods by road, the Commission observes that Article 8 (3) thereof exempts natural persons awarded a transport certificate or authorization after 31 December 1974 and before 1 January 1978 from the requirement to attend courses but requires them to pass an examination.  However, for the reasons already given in point 3 above, the requirement to pass an examination runs counter to the Community Directive.  The Commission therefore recommends that the Belgian Government amend Article 8 (3) of the draft Decree to ensure compliance with Article 5 of the Directive on admission to the occupation of road haulage operator.       5. As regards admission to the occupation of road haulage operator, the Commission finds, in general, that, for the following reasons, the provisions of Articles 31 to 35 of the draft Royal Decree do not comply with the Community Directive:      - they provide merely for an exemption from the requirement laid down for obtaining a certificate of professional competence ; whereas Article 5 (1) of the Community Directive provides for an exemption from the requirements of good repute, financial standing and professional competence;           - they specify that the exemption applies only to natural persons, whereas Article 5 (1) of the Community Directive stipulates that both natural persons and undertakings shall be exempt from the requirements laid down for admission to the occupation of carrier.                  6. The Commission also observes that the abovementioned Articles 31 to 35 include certain restrictions relating to the routes or categories of goods for which the transport authorizations have been issued. More particularly:      (a) Article 31 exempts carriers from the requirement to provide evidence of professional competence if, on 1 January 1978, they already hold a certificate of professional competence for international transport, but it does not so exempt holders of certificates valid exclusively for transport operations between Belgium and the Netherlands.  As regards the latter, Article 34 of the draft Decree provides that the relevant certificate of professional competence is valid only for transport operations carried out between Belgium and the Netherlands and vice versa.  This means that the draft Royal Decree lays down different professional competence requirements for different routes, which is incompatible with the Community Directive, since the latter makes no provision for the Member States to have any such option.           (b) Articles 32 and 33 exempt carriers from the requirement to furnish evidence of professional competence for international transport if, before 1 January 1975, they were authorized to carry out:        - international transport operations for which provision is made in Annexes I and II to the first Council Directive of 23 July 1962;               - transport operations between Belgium and the Grand Duchy of Luxembourg.                             In view of the general scope of Article 5 (1) of the Community Directive, these provisions must apply to all carriers who, before that date, were authorized to carry on the occupation of international carrier, without any distinction as regards the category of goods carried or the route served.  The Commission therefore recommends that the Belgian Government amend Articles 31 to 35 of the draft Royal Decree to ensure compliance with the Community Directive, in the manner indicated above.       7. As regards road passenger transport operators, it should be noted that the Community Directive provides that natural persons and undertakings shall be exempt from the requirement to provide evidence that they satisfy the requirements of good repute, financial standing and professional competence if, before 1 January 1978, they were authorized, in a Member State, under national rules, to carry on the occupation of road passenger transport operator in national and/or international transport operations.  Article 31 of the draft Royal Decree, however, provides merely for exemption from the requirements laid down for obtaining a certificate of professional competence ; the Belgian Government must therefore be asked to expand Article 31 to ensure compliance with Article 4 of the Community Directive, by stipulating that the exemption applies to all three requirements : good repute, financial standing and professional competence.  Done at Brussels, 16 December 1977.  For the Commission  Richard BURKE  Member of the Commission


Avis juridique important

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31976H0496

76/496/EEC: Council recommendation of 4 May 1976 on the rational use of energy for electrical household appliances

Official Journal L 140 , 28/05/1976 P. 0018 - 0019 Greek special edition: Chapter 12 Volume 1 P. 0136  Spanish special edition: Chapter 12 Volume 2 P. 0121  Portuguese special edition Chapter 12 Volume 2 P. 0121

COUNCIL RECOMMENDATION  of 4 May 1976  on the rational use of energy for electrical household appliances  (76/496/EEC)  THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community,  Having regard to the draft from the Commission,  Whereas, in its resolution of 17 September 1974 concerning a new energy policy strategy for the Community (1), the Council accepted as an objective the "reduction of the rate of growth of internal consumption by measures for using energy rationally and economically without jeopardizing social and economic growth objectives";  Whereas, in its resolution of 17 December 1974 on a Community action programme on the rational utilization of energy (2), the Council noted that, in its communication to the Council entitled "Rational utilization of energy", the Commission had drawn up a Community action programme in this field;  Whereas information on the power consumption of electrical household appliances should be made available to buyers in the most comprehensible and standardized manner possible with a view to encouraging them to buy those which use energy most economically;  Whereas the measures recommended are likely to produce sufficiently large savings in energy to make the required investment economically worthwhile,  HEREBY RECOMMENDS TO THE MEMBER STATES:    That they adopt any measures necessary to ensure that:    (a) the unit energy consumption of each electrical household appliance listed in the Annex hereto is indicated on a label in conformity with harmonized European standards for the information of prospective buyers. The main purpose of these harmonized standards would be to define a common method of labelling and of informing consumers about the energy consumption of electrical household appliances, and to define a method of measuring the unit consumption. Compliance with these standards would be ensured in accordance with procedures which do not impede free movement of goods within the Community;       (b) the same indications of unit energy consumption are used both in consumer information and in advertising, thus providing the consumer with comparable energy consumption figures on which to base his choice;       (c) an information campaign is undertaken in each country to make consumers aware of the way in which each of the electrical household appliances listed in the Annex hereto should be used in order to achieve maximum energy-saving.          Done at Brussels, 4 May 1976.  For the Council  The President  G. THORN  (1)OJ No C 153, 9.7.1975, p. 1. (2)OJ No C 153, 9.7.1975, p. 5.      ANNEX  List of electrical household appliances covered by this recommendation  Water heaters  Cookers  Refrigerators, freezers and deep-freeze units  Television sets  Dishwashers  Washing machines  Dryers  Spin dryers  Ironing machines


Avis juridique important

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31977K3004

Commission Recommendation No 3004/77/ECSC of 28 December 1977 modifying Recommendation 77/329/ECSC on protection against dumping or the granting of bounties or subsidies by countries which are not members of the European Coal and Steel Community

Official Journal L 352 , 31/12/1977 P. 0013 - 0014

****( 1 ) OJ NO L 114 , 5 . 5 . 1977 , P . 6 .    COMMISSION RECOMMENDATION NO 3004/77/ECSC   OF 28 DECEMBER 1977   MODIFYING RECOMMENDATION 77/329/ECSC ON PROTECTION AGAINST DUMPING OR THE GRANTING OF BOUNTIES OR SUBSIDIES BY COUNTRIES WHICH ARE NOT MEMBERS OF THE EUROPEAN COAL AND STEEL COMMUNITY   THE COMMISSION OF THE EUROPEAN   COMMUNITIES ,   HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN COAL AND STEEL COMMUNITY , AND IN PARTICULAR ARTICLES 74 AND 86 THEREOF ,   WHEREAS RECENT TRENDS IN THE ECONOMY OF THE COMMUNITY AND IN THE CONDITIONS OF INTERNATIONAL TRADE HAVE RESULTED IN MORE FREQUENT RECOURSE TO COMMUNITY RULES ON DUMPING AND SUBSIDIZATION ;   WHEREAS , FROM THESE TRENDS IT APPEARS NECESSARY TO COMPLETE THE STATUTORY INSTRUMENTS AT THE COMMUNITY ' S DISPOSAL BY INTRODUCING INTO ITS RULES CERTAIN PROVISIONS CONTAINED IN THE AGREEMENT ON IMPLEMENTATION OF ARTICLE VI OF THE GENERAL AGREEMENT ON TARIFFS AND TRADE , KNOWN AS THE ANTI-DUMPING CODE , AND IN PARTICULAR THOSE PROVISIONS RELATING TO THE SIMULTANEOUS EXAMINATION OF DUMPING AND INJURY , SPORADIC DUMPING AND THE BASIC PRICE SYSTEM ;   WHEREAS , MOREOVER , THE EXPERIENCE ACQUIRED IN THE APPLICATION OF THE COMMUNITY RULES DEMONSTRATES THAT IT IS EXPEDIENT TO REVISE THEM IN CERTAIN RESPECTS IN ORDER TO STATE MORE PRECISELY OR TO SIMPLIFY DIFFERENT PROCEDURES , NOTABLY THOSE RELATING TO THE SUPPLY OF CERTAIN INFORMATION FOR THE MONITORING OF WRITTEN UNDERTAKINGS BY EXPORTERS AND TO THE REFUND OF DUTIES COLLECTED ,   MAKES THE FOLLOWING RECOMMENDATION :   ARTICLE 1   ARTICLE 11 ( 1 ) OF RECOMMENDATION 77/329/ECSC OF 15 APRIL 1977 ( 1 ) IS REPLACED BY THE FOLLOWING TEXT :   ' WHERE THE INFORMATION RECEIVED BY THE COMMISSION SHOWS THAT PROTECTIVE MEASURES AGAINST DUMPING MAY BE NECESSARY THE COMMISSION , IN COOPERATION WITH THE MEMBER STATES , SHALL IMMEDIATELY COMMENCE EXAMINATION OF THE MATTER AT COMMUNITY LEVEL . SUCH EXAMINATION SHALL COVER BOTH DUMPING AND INJURY ; EXAMINATION OF THE LATTER SHALL START ON A DATE NOT LATER THAN THE EARLIEST DATE ON WHICH PROVISIONAL MEASURES MAY BE APPLIED . '   ARTICLE 2   THE TEXT OF ARTICLE 11 ( 4 ) OF THE ABOVEMENTIONED RECOMMENDATION IS REPLACED BY THE FOLLOWING TEXT :   ' THE COMPLAINANT AND THE IMPORTERS AND EXPORTERS KNOWN TO BE CONCERNED , AS WELL AS THE REPRESENTATIVES OF THE EXPORTING COUNTRY , MAY SEE ALL INFORMATION THAT IS RELEVANT TO THE DEFENCE OF THEIR INTERESTS WHICH THE COMMISSION HAS USED IN THE INVESTIGATION AND WHICH IS NOT CONFIDENTIAL WITHIN THE MEANING OF ARTICLE 13 . TO THIS END , THEY SHALL ADDRESS A WRITTEN REQUEST TO THE COMMISSION , INDICATING THE INFORMATION REQUIRED . '   ARTICLE 3   THE TEXT OF ARTICLE 14 ( 2 ) ( D ) OF THE ABOVEMENTIONED RECOMMENDATION IS REPLACED BY THE FOLLOWING TEXT :   ' IF THE COMMISSION CLOSES THE INVESTIGATION AFTER HAVING ACCEPTED THE UNDERTAKING OF EXPORTERS , THE LATTER SHALL AFTERWARDS FURNISH TO THE COMMISSION , FOR SUCH PERIOD OF TIME AND AT SUCH INTERVALS AS THE COMMISSION SHALL DETERMINE , THE FOLLOWING INFORMATION :   1 . PRICES , QUANTITIES AND THE CONDITIONS UNDER WHICH THE MERCHANDISE IS BEING SOLD TO THE COMMUNITY AND THE PRICES , QUANTITIES AND CONDITIONS UNDER WHICH THE MERCHANDISE IS BEING SOLD ON THE DOMESTIC MARKET OR , WHERE APPROPRIATE , THE FACTORS REFERRED TO IN THE FIRST AND SECOND INDENTS OF ARTICLE 3 ( 2 );   2 . INFORMATION REGARDING DISCOUNTS , COSTS OF CONSIGNMENT , PACKAGING COSTS AND OTHER CIRCUMSTANCES SURROUNDING SALES IN THE TWO MARKETS UNDER CONSIDERATION ;   3 . INFORMATION REGARDING DIFFERENCES BETWEEN MANUFACTURING COSTS WHERE A LIKE PRODUCT WITHIN THE MEANING OF ARTICLE 5 IS TAKEN FOR THE PURPOSES OF COMPARISON ;   4 . SUCH OTHER INFORMATION AS THE COMMISSION DEEMS APPROPRIATE .   THE COMMISSION , IN COOPERATION WITH THE MEMBER STATES , SHALL MONITOR THE OBSERVANCE OF THE UNDERTAKING . THE PROVISIONS OF ARTICLE 11 ( 3 ) AND ( 7 ) SHALL APPLY MUTATIS MUTANDIS . WHERE THE COMMISSION FINDS THAT THE UNDERTAKING IS BEING EVADED OR NO LONGER OBSERVED OR HAS BEEN WITHDRAWN IT SHALL IMMEDIATELY TAKE SUCH MEASURES AS MAY BE NECESSARY . '   ARTICLE 4   THE TEXT OF ARTICLE 19 ( 2 ) ( B ) OF THE ABOVEMENTIONED RECOMMENDATION SHALL BE SUPPLEMENTED BY THE FOLLOWING PROVISIONS :   ' HOWEVER , WHEN THE COMMISSION DETERMINES :   ( I ) EITHER THAT THERE IS A HISTORY OF DUMPING WHICH CAUSED MATERIAL INJURY OR THAT THE IMPORTER WAS , OR SHOULD HAVE BEEN , AWARE THAT THE EXPORTER PRACTICES DUMPING AND THAT SUCH DUMPING WOULD CAUSE MATERIAL INJURY , AND  ( II ) THAT THE MATERIAL INJURY IS CAUSED BY SPORADIC DUMPING  ( MASSIVE DUMPED IMPORTS OF A PRODUCT IN A RELATIVELY SHORT PERIOD ) TO SUCH AN EXTENT THAT , IN ORDER TO PRECLUDE IT RECURRING , IT APPEARS NECESSARY TO ASSESS AN ANTI-DUMPING DUTY RETROACTIVELY ON THOSE IMPORTS ,   THE DUTY MAY BE ASSESSED ON PRODUCTS WHICH WERE ENTERED FOR CONSUMPTION NOT MORE THAN 90 DAYS PRIOR TO THE DATE OF APPLICATION OF PROVISIONAL MEASURES . '   ARTICLE 5   ARTICLE 19 ( 3 ) OF THE ABOVEMENTIONED RECOMMENDATION IS REPLACED BY THE FOLLOWING PROVISIONS :   ' 3 . ( A ) THE AMOUNT OF AN ANTI-DUMPING DUTY , WHETHER DEFINITIVE OR PROVISIONAL , SHALL NOT EXCEED THE MARGIN OF DUMPING ESTABLISHED OR , IN THE CASE OF PROVISIONAL DUTY , THE MARGIN OF DUMPING PROVISIONALLY DETERMINED ; IT SHOULD BE LESS THAN THE MARGIN IF SUCH LESSER DUTY WOULD BE ADEQUATE TO REMOVE THE INJURY .  ( B ) IF SEVERAL IMPORTERS FROM ONE OR MORE COUNTRIES ARE INVOLVED , ANTI-DUMPING DUTIES MAY BE IMPOSED ON IMPORTS OF THE PRODUCT IN QUESTION FOUND TO HAVE BEEN DUMPED AND TO BE CAUSING INJURY FROM THE COUNTRY OR COUNTRIES CONCERNED , THE DUTY BEING EQUIVALENT TO THE AMOUNT BY WHICH THE EXPORT PRICE IS LESS THAN THE BASIC PRICE ESTABLISHED FOR THIS PURPOSE , NOT EXCEEDING THE LOWEST NORMAL PRICE OR COSTS IN THE SUPPLYING COUNTRY OR COUNTRIES WHERE NORMAL CONDITIONS OF COMPETITION ARE PREVAILING . '   ARTICLE 6   THE TEXT OF ARTICLE 19 ( 4 ) ( B ) OF THE ABOVEMENTIONED RECOMMENDATION IS REPLACED BY THE FOLLOWING TEXT :   ' ( B ) FOR THIS PURPOSE , THE IMPORTER MAY WITHIN THREE MONTHS OF THE DATE ON WHICH THE PRODUCTS WERE ENTERED FOR CONSUMPTION , SUBMIT AN APPLICATION TO THE MEMBER STATE IN WHOSE TERRITORY THEY WERE SO ENTERED . THAT MEMBER STATE SHALL FORWARD THE APPLICATION TO THE COMMISSION , WHO SHALL EXAMINE ITS MERITS AND , AFTER CONSULTATION WITHIN THE COMMITTEE , DECIDE WHETHER AND TO WHAT EXTENT THE APPLICATION SHOULD BE GRANTED . '   ARTICLE 7   THIS RECOMMENDATION SHALL BE NOTIFIED TO THE GOVERNMENTS OF THE MEMBER STATES AND PUBLISHED IN THE OFFICIAL JOURNAL OF THE EUROPEAN COMMUNITIES .   IT SHALL ENTER INTO FORCE IN RESPECT OF EACH MEMBER STATE WITH EFFECT FROM THE DATE OF ITS PUBLICATION IN THE OFFICIAL JOURNAL OF THE EUROPEAN COMMUNITIES .   DONE AT BRUSSELS , 28 DECEMBER 1977 .   FOR THE COMMISSION   ETIENNE DAVIGNON   MEMBER OF THE COMMISSION


title: Recommendation of the European Central Bank of 18 May 2018 to the Council of the European Union on the external auditors of Lietuvos bankas (ECB/2018/15)

text:
               28.5.2018

               EN

               Official Journal of the European Union

               C 181/1

         RECOMMENDATION OF THE EUROPEAN CENTRAL BANK
   of 18 May 2018
   to the Council of the European Union on the external auditors of Lietuvos bankas
   (ECB/2018/15)
   (2018/C 181/01)
   THE GOVERNING COUNCIL OF THE EUROPEAN CENTRAL BANK,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to the Statute of the European System of Central Banks and of the European Central Bank, and in particular Article 27.1 thereof,
   Whereas:

               (1)

               The accounts of the European Central Bank (ECB) and the national central banks of the Member States whose currency is the euro are audited by independent external auditors recommended by the ECB's Governing Council and approved by the Council of the European Union.

               (2)

               The mandate of Lietuvos bankas' current external auditors, UAB PricewaterhouseCoopers, ended following the audit for the financial year 2017. It is therefore necessary to appoint external auditors from the financial year 2018.

               (3)

               Lietuvos bankas has selected UAB Deloitte Lietuva as its external auditors for the financial years 2018 to 2021,

         HAS ADOPTED THIS RECOMMENDATION:
   It is recommended that UAB Deloitte Lietuva should be appointed as the external auditors of Lietuvos bankas for the financial years 2018 to 2021.

      Done at Frankfurt am Main, 18 May 2018.

            The President of the ECB

         Mario DRAGHI


title: Recommendation No A1 of 18 October 2017 concerning the issuance of the attestation referred to in Article 19(2) of Regulation (EC) No 987/2009 of the European Parliament and of the Council (Text with relevance for the EEA and for Switzerland. )

text:
               29.5.2018

               EN

               Official Journal of the European Union

               C 183/5

      RECOMMENDATION No A1
      of 18 October 2017
      concerning the issuance of the attestation referred to in Article 19(2) of Regulation (EC) No 987/2009 of the European Parliament and of the Council
      (Text with relevance for the EEA and for Switzerland)
      (2018/C 183/06)
      THE ADMINISTRATIVE COMMISSION FOR THE COORDINATION OF SOCIAL SECURITY SYSTEMS,
      Having regard to Article 72(a) of Regulation (EC) No 883/2004 of the European Parliament and of the Council of 29 April 2004 on the coordination of social security systems (1), under which the Administrative Commission is responsible for dealing with all administrative questions or questions of interpretation arising from the provisions of this Regulation and Regulation (EC) No 987/2009 of the European Parliament and of the Council of 16 September 2009 laying down the procedure for implementing Regulation (EC) No 883/2004 on the coordination of social security systems (2),
      Having regard to Article 5 of Regulation (EC) No 987/2009 concerning the legal value of documents and supporting evidence showing the position of a person,
      Having regard to Article 19(2) of Regulation (EC) No 987/2009 concerning the attestation of the applicable legislation pursuant to Title II of Regulation (EC) No 883/2004,
      Acting in accordance with the conditions laid down in Article 71(2) of Regulation (EC) No 883/2004,
      Whereas:

                  (1)

                  Article 19(2) of Regulation (EC) No 987/2009 provides that at the request of the person concerned or of the employer, the competent institution of the Member State whose legislation is applicable pursuant to Title II of Regulation (EC) No 883/2004 shall provide an attestation that such legislation is applicable and shall indicate, where appropriate, until what date and under what conditions.

                  (2)

                  The Administrative Commission determines the structure and the content of the Portable Document A1 concerning the applicable legislation which applies to the holder.

                  (3)

                  Article 5(1) of Regulation (EC) No 987/2009 provides that this document shall be accepted by the institutions of the other Member State as long as it has not been withdrawn or declared invalid by the Member State in which it has been issued.

                  (4)

                  The principle of sincere cooperation, as also laid down in Article 4(3) of the Treaty on European Union and specified in Article 76 of Regulation (EC) No 883/2004, requires that institutions conduct a proper assessment of the facts relevant for the determination of the legislation applicable in the matter of social security and consequently to confirm the correctness of the information contained in a Portable Document A1.

                  (5)

                  These documents establish a presumption that the holder is properly affiliated to the social security system of the Member State whose institution has issued it,

            HEREBY RECOMMENDS TO THE COMPETENT SERVICES AND INSTITUTIONS THAT:

                  1.

                  In order to prevent falsification of the Portable Document A1, for example by exchanging pages between different documents, it is recommended that authentication features should be included in the certificates issued, namely:

                              (a)

                              where the documents are issued electronically, they should bear a serial number or identification number on each page. In this case, a manual signature or ink stamping is no longer necessary;

                              (b)

                              where the documents are issued manually, they should be printed on both pages of a sheet and the sheets should be connected together in such a way that they cannot easily be separated. This can be achieved, for example, by folding the top left hand corner, stapling this corner and putting a stamp on the reverse side.

                  2.

                  In addition, it is recommended that each issued Portable Document A1 is registered in such a way that its authenticity can easily and quickly be verified.

                  3.

                  The Member States should inform the Administrative Commission about the different ways the Portable Documents A1 are issued by their institutions. The delegations in the Administrative Commission should share this information with their respective inspectorates.

                  4.

                  It is recommended that, prior to issuing a Portable Document A1, institutions assess all the relevant facts, whether by means of data contained in official sources, or by requesting the applicant to provide the necessary information. To guide institutions, a non-exhaustive standardised list of common questions and questions specific to the different relevant articles of Regulation (EC) No 883/2004 can be found in the Annex. These may be adapted as appears appropriate in the case involved.

                  5.

                  A disclaimer should be included in the application forms by which the applicant declares that he/she has answered all questions correctly to the best of his/her knowledge and that he/she is aware of the possibility of checks with the consequence that the document can be withdrawn retroactively.

                  6.

                  It is recommended that the competent institutions have the information about Portable Documents A1 issued available, preferably in an electronic database. They should notify each other, by means of the Electronic Exchange of Social Security Information (EESSI) System, of any decision taken regarding the applicable legislation in the event of an activity pursued in the other Member State pursuant to Article 15(1) of Regulation (EC) No 987/2009.

                  7.

                  This Recommendation shall be published in the Official Journal of the European Union. It enters into force on the twentieth day following that of its publication.

               The Chair of the Administrative Commission

            Agne NETTAN-SEPP

         (1)  OJ L 166, 30.4.2004, p. 1.

         (2)  OJ L 284, 30.10.2009, p. 1.

         ANNEX
         Standardised sets of questions for the application for a Portable Document A1
         A.   COMMON QUESTIONS REGARDING THE PERSON CONCERNED OF THE PORTABLE DOCUMENT A1 (PD A1)
         The following questions need to be used in every application form and to be verified by the issuing institution:

                     —

                     Surname/Last name

                     —

                     First name

                     —

                     Date of birth

                     —

                     Sex: male/female/unknown

                     —

                     Personal identification number

                     —

                     Place of birth

                     —

                     Nationality

                     —

                     The person resides legally in a Member State (for third-country nationals)

                     —

                     Address in the State of residence (at least town, postal code, country)

                     —

                     Address in the State of stay (at least town, postal code, country)

                     —

                     Contact address of the person

                     —

                     Job-title/Profession/Trade

               B.   SPECIFIC QUESTIONS DEPENDING ON THE DIFFERENT CIRCUMSTANCES IN WHICH THE PD A1 IS REQUESTED
         In addition, specific questions depending on the various circumstances in which a PD A1 may be requested based on Tittle II of Regulation (EC) No 883/2004 of the European Parliament and of the Council of 29 April 2004 on the coordination of social security systems (1) are set out below.
         1.   Application under Article 11(3)(a) of Regulation (EC) No 883/2004 (activity as an employed or self-employed person in one Member State)

                     —

                     Employer

                                 —

                                 Name

                                 —

                                 Address (at least town, postal code, country)

                     —

                     Self-employment activity

                                 —

                                 Name

                                 —

                                 Registration number

                                 —

                                 Social security number

                                 —

                                 Fiscal number

                                 —

                                 Address (at least town, postal code, country)

                     —

                     Starting/ending date of work

               2.   Application under Article 11(3)(b) of Regulation (EC) No 883/2004 (civil servants)

                     —

                     Employer (employing administration)

                                 —

                                 Name

                                 —

                                 Registration number

                                 —

                                 Social security number

                                 —

                                 Fiscal number

                                 —

                                 Address (at least town, postal code, country)

                     —

                     Place(s) of work abroad (repeat as many times as needed)

                                 —

                                 Name

                                 —

                                 Registration number

                                 —

                                 Social security number

                                 —

                                 Fiscal number

                                 —

                                 Address (at least town, postal code, country)

                                 —

                                 No fixed address in the state of work

                     —

                     Starting date of work abroad

                     —

                     Ending date of work abroad

               3.   Application under Article 11(4) of Regulation (EC) No 883/2004 (economic activity on board a vessel at sea)

                     —

                     Employer

                                 —

                                 Name

                                 —

                                 Registration number

                                 —

                                 Social security number

                                 —

                                 Fiscal number

                                 —

                                 Address (at least town, postal code, country)

                                 —

                                 No fixed address in the state of work

                     —

                     Name of the vessel

                     —

                     The State of which the vessel is flying the flag

                     —

                     The remuneration is paid by the undertaking whose registered office or place of business is in another State: yes/no

                     —

                     Starting date of work

                     —

                     Ending date of work

               4.   Application under Article 11(5) of Regulation (EC) No 883/2004 (flight crew or cabin crew members)

                     —

                     Employer

                                 —

                                 Name

                                 —

                                 Registration number

                                 —

                                 Social security number

                                 —

                                 Fiscal number

                                 —

                                 Address (at least town, postal code, country)

                     —

                     Place where the home base is situated

                     —

                     Starting date of work

                     —

                     Ending date of work

               5.   Application under Article 12(1) of Regulation (EC) No 883/2004 (posting of workers)

                     —

                     Employer in the posting State

                                 —

                                 Name

                                 —

                                 Registration number

                                 —

                                 Social security number

                                 —

                                 Fiscal number

                                 —

                                 Address (at least town, postal code, country)

                                 —

                                 Statistical Classification of Economic Activities in the European Community according to NACE

                     —

                     Undertaking(s) in the receiving State/place(s) of posting

                                 —

                                 Name

                                 —

                                 Registration number

                                 —

                                 Social security number

                                 —

                                 Fiscal number

                                 —

                                 Address (at least town, postal code, country)

                                 —

                                 No fixed address in the state of work

                     —

                     Starting date of posting

                     —

                     Ending date of posting

                     —

                     The employee is subject to legislation of the posting State within one month before posting: yes/no

                     —

                     Details of activity performed one month immediately prior to posting

                     —

                     Nature of activity in posting State

                     —

                     Nature of activity in receiving State

                     —

                     The employee is being posted to replace another posted worker: yes/no

                     —

                     If yes, please indicate, why this replacement is deemed necessary

                     —

                     The employee has already worked in the receiving Member State concerned: yes/no

                     —

                     If yes, indicate the previous periods of posting (date from, date to)

                     —

                     Number of employees of the employer in the posting State (excluding administrative workers)

                     —

                     number of administrative workers in the posting State

                     —

                     Number of posted employees

                     —

                     Number of contracts exercised in the posting State

                     —

                     Number of contracts exercised in the receiving State

                     —

                     Turnover in the posting State (in %)

                     —

                     Turnover in the receiving Member State (in %)

                     —

                     The employer in posting State may decide to terminate the contract with the employees during their posting: yes/no

                     —

                     The employer in posting State is able to decide the key aspects of the activity performed in the receiving State: yes/no

                     —

                     The employment contract is concluded with: the employer in the posting State/the undertaking in the receiving State

                     —

                     The employee will be paid by: the employer in the posting State/the undertaking in the receiving State

                     —

                     Will the employment relationship continue during the period of posting: yes/no

                     —

                     Will the undertaking to which the employee is posted place him at the disposal of another undertaking: yes/no

               6.   Application under Article 12(2) of Regulation (EC) No 883/2004 (posting of self-employed persons)

                     —

                     Self-employment in the posting State

                                 —

                                 Name

                                 —

                                 Registration number

                                 —

                                 Social security number

                                 —

                                 Fiscal number

                                 —

                                 Address (at least town, postal code, country)

                     —

                     Self-employment in the receiving State/Place of posting

                                 —

                                 Name

                                 —

                                 Registration number

                                 —

                                 Social security number

                                 —

                                 Fiscal number

                                 —

                                 Address (at least town, postal code, country)

                                 —

                                 No fixed address in the state of work

                     —

                     Starting date of posting

                     —

                     Ending date of posting

                     —

                     The self-employed has already worked in the receiving Member State: yes/no

                     —

                     If yes, indicate the previous periods of posting (date from, date to)

                     —

                     During the posting, a business structure will be maintained in the posting State, so that business activity can be resumed on return from abroad: yes/no

                     —

                     Business activity will be resumed on return from the receiving Member State

                     —

                     Nature of activity in posting State
                     Nature of activity in receiving State

               7.   Application under Article 13(1) of Regulation (EC) No 883/2004 (employment in two or more Member States when employer(s) is/are situated in the State of residence of the person)

                     —

                     Employer

                                 —

                                 Name

                                 —

                                 Registration number

                                 —

                                 Social security number

                                 —

                                 Fiscal number

                                 —

                                 Address (at least town, postal code, country)

                     —

                     States where work is performed

                     —

                     Details regarding place(s) of work (repeat as many times as needed)

                                 —

                                 Company name

                                 —

                                 ID number(s)

                                 —

                                 Address (at least town, postal code, country)

                                 —

                                 No fixed address in the state of work

                     —

                     States where activities accounting for less than 5 % of the worker’s regular working time and/or less than 5 % of overall remuneration

                     —

                     Starting date of work in each undertaking

                     —

                     Ending date of work in each undertaking

               8.   Application under Art. 13(1) of Regulation (EC) No 883/2004 (employment in two or more Member States — other situations)

                     —

                     Employer(s) (repeat as many times as needed)

                                 —

                                 Name

                                 —

                                 Registration number

                                 —

                                 Social security number

                                 —

                                 Fiscal number

                                 —

                                 Address (at least town, postal code, country)

                     —

                     Statistical Classification of Economic Activities in the European Community of the employer according to NACE

                     —

                     States where work is performed

                     —

                     Details regarding place(s) of work (repeat as many times as needed)

                                 —

                                 Company name

                                 —

                                 ID number(s)

                                 —

                                 Address (at least town, postal code, country)

                                 —

                                 No fixed address in the state of work

                     —

                     States where activities accounting for less than 5 % of the worker’s regular working time and/or less than 5 % of overall remuneration

                     —

                     States where activities accounting for at least 25 % of the worker’s regular working time and/or at least 25 % of overall remuneration

                     —

                     Starting date of work in each undertaking

                     —

                     Ending date of work in each undertaking

               9.   Application under Article 13(2) of Regulation (EC) No 883/2004 (self-employment in two or more Member States)

                     —

                     Self-employment activity

                                 —

                                 Name

                                 —

                                 Registration number

                                 —

                                 Social security number

                                 —

                                 Fiscal number

                                 —

                                 Address (at least town, postal code, country)

                     —

                     Statistical Classification of Economic Activities in the European Community of the self-employment according to NACE

                     —

                     States where work is performed

                     —

                     Details regarding place(s) of self-employment activity (repeat as many times as needed)

                                 —

                                 Company name (if applicable)

                                 —

                                 ID number(s) (if applicable)

                                 —

                                 Address (at least town, postal code, country)

                                 —

                                 No fixed address in the state of work

                     —

                     Turnover and/or income in each State where activity is performed

                     —

                     Working time in each State where activity is performed

                     —

                     Number of services rendered in each State where activity is performed

                     —

                     Starting date of activity

                     —

                     Ending date of activity

               10.   Application under Art. 13(3) of Regulation (EC) No 883/2004 (employment and self-employment in two or more Member States)

                     —

                     Self-employment activity (repeat as many times as needed)

                                 —

                                 Name

                                 —

                                 Registration number

                                 —

                                 Social security number

                                 —

                                 Fiscal number

                                 —

                                 Address (at least town, postal code, country)

                     —

                     Employer (repeat as many times as needed)

                                 —

                                 Name

                                 —

                                 Registration number

                                 —

                                 Social security number

                                 —

                                 Fiscal number

                                 —

                                 Address (at least town, postal code, country)

                     —

                     Statistical Classification of Economic Activities in the European Community of the employer according to NACE

                     —

                     States where work is performed

                     —

                     Details regarding places of activity (repeat as many times as needed)

                                 —

                                 Address (at least town, postal code, country)

                                 —

                                 No fixed address in the state of work

                     —

                     States where activities accounting for less than 5 % of the worker’s regular working time and/or less than 5 % of overall remuneration

                     —

                     States where activities accounting for at least 25 % of the worker’s regular working time and/or at least 25 % of overall remuneration

                     —

                     Starting date of activity

                     —

                     Ending date of activity

               11.   Application under Art. 13(4) of Regulation (EC) No 883/2004 (civil servant in one State and employed or self-employed person in another)

                     —

                     Employer (employing administration)

                                 —

                                 Name

                                 —

                                 Registration number

                                 —

                                 Social security number

                                 —

                                 Fiscal number

                                 —

                                 Address (at least town, postal code, country)

                     —

                     Self-employment activity and/or employment activity (repeat as many times as needed)

                                 —

                                 Name

                                 —

                                 Registration number

                                 —

                                 Social security number

                                 —

                                 Fiscal number

                                 —

                                 Address (at least town, postal code, country)

                     —

                     Starting date of work

                     —

                     Ending date of work

               12.   Application under Article 15 of Regulation (EC) No 883/2004 (contract staff of the European Union)

                     —

                     Employer (employing EU institution or body)

                                 —

                                 Name

                                 —

                                 Address (at least town, postal code, country)

                     —

                     Place of work abroad

                                 —

                                 Name

                                 —

                                 Registration number

                                 —

                                 Social security number

                                 —

                                 Fiscal number

                                 —

                                 Address (at least town, postal code, country)

                                 —

                                 No fixed address in the state of work

                     —

                     Starting date of work as contract Staff of the European Union

                     —

                     The legislation for which the person concerned opted: the legislation of the State in which he/she is employed/the legislation of the State to which he/she was last subject/the legislation of the State of his/her nationality

               C.   SAMPLE DISCLAIMERS TO BE USED IN APPLICATION FORMS
         1.   General:

                     —

                     ‘I declare that the information on this form is true and complete.’

                     —

                     ‘I have answered all the questions correctly to the best of my knowledge.’

               2.   Posting of employed persons:

                     —

                     ‘I declare that I am aware of the possibility of checks throughout the period of posting so as to ascertain that this period has not come to an end. Such checks may relate, in particular, to the payment of contributions and to the maintenance of the direct relationship.’

                     —

                     ‘As employer of the posted employee, I declare that the information is complete and correct. I am aware of the fact, that the provided information may be scrutinised in <name of the posting Member State> as well as in the receiving State by the competent institution. If the provided information is not in accordance with the factual situation, the document regarding the applicable legislation can be withdrawn retroactively. In this case, the legislation of the receiving State where the employment is actually performed will be applicable. I commit myself to inform the competent institution in <name of the posting Member State> (i) if the employee has not been posted or if the posting period is interrupted for more than two months or (ii) if the posting is terminated before the end of the presumed posting period.’

               3.   Posting of self-employed persons:

                     —

                     ‘I declare that I am aware of the possibility of checks throughout the period during which I pursue a temporary activity in the State in which I am active, so as to ascertain that the conditions applying to that activity have not changed. Such checks may relate, in particular, to the payment of contributions and the maintenance of the infrastructure needed to pursue the activity in the State in which I am established.’

               4.   Activities for one employer in two or more Member States — disclaimer for the employer:

                     —

                     ‘I declare that the information is complete and correct. I am aware of the fact that the provided information may be scrutinised in <name of the posting Member State> as well as in the receiving State of employment by the competent institution. If the provided information is not in accordance with the factual situation, the document regarding the applicable legislation can be withdrawn retroactively. In this case, the question which legislation is applicable will have to be determined again on the basis of the factual circumstances. I commit myself to inform the competent institution of <name of the posting Member State> about all changes regarding the employment relationship (i.e. change of employer, change of the centre of interests, change of working hours, taking up new activities).’

            (1)  OJ L 166, 30.4.2004, p. 1.