title: Recommendation of the European Central Bank of 28 November 2013 on payments statistics (ECB/2013/44)

text:
               9.1.2014

               EN

               Official Journal of the European Union

               C 5/1

         RECOMMENDATION OF THE EUROPEAN CENTRAL BANK
   of 28 November 2013
   on payments statistics
   (ECB/2013/44)
   2014/C 5/01
   THE GOVERNING COUNCIL OF THE EUROPEAN CENTRAL BANK,
   Having regard to the Statute of the European System of Central Banks and of the European Central Bank, and in particular to Article 5.1 and the third indent of Article 34.1 thereof,
   Having regard to Council Regulation (EC) No 2533/98 of 23 November 1998 concerning the collection of statistical information by the European Central Bank (1), and in particular Article 8(5) thereof,
   Whereas:

               (1)

               Article 2(1) of Regulation (EC) No 2533/98 provides that statistical information may be collected in the area of payments and payments systems statistics. By means of Regulation (EU) No 1409/2013 of the European Central Bank (ECB/2013/43) (2) the ECB established a framework for collection of payment statistics necessary to fulfill its tasks from payment service providers, electronic money issuers, and payment system operators. These data are essential for identifying and monitoring developments in the payments markets within the Member States, and for assisting in the promotion of the smooth operation of payment systems.

               (2)

               National central banks (NCBs) of Member States whose currency is not the euro, and who are participating in the framework for collection of payment statistics should cooperate with each other, with NCBs of Member States whose currency is the euro and with the ECB in applying this framework in accordance with Regulation (EU) No 1409/2013 (ECB/2013/43),

         HAS ADOPTED THIS RECOMMENDATION:
   I.   Definitions

   For the purposes of this Recommendation, the terms ‘payment service provider’, ‘electronic money issuer’, and ‘payment system operator’ have the same meaning as defined in Regulation (EU) No 1409/2013 (ECB/2013/43).
   II.   Provision of statistical information

   The addressees of this Recommendation should apply the provisions addressed to the NCBs contained in Regulation (EU) No 1409/2013 (ECB/2013/43).
   III.   Final provision

   This Recommendation is addressed to the NCBs of Member States whose currency is not the euro, insofar as applicable, which are participating in the framework for collection of payment statistics within the ESCB, established under Regulation (EU) No 1409/2013 (ECB/2013/43).

      Done at Frankfurt am Main, 28 November 2013.

            The President of the ECB

         Mario DRAGHI

      (1)  OJ L 318, 27.11.1998, p. 8.

      (2)  Regulation (EU) No 1409/2013 of the European Central Bank of 28 November 2013 on payments statistics (ECB/2013/43) (OJ L 352, 24.12.2013, p. 18).


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		52011SC0821

			Recommendation for a COUNCIL RECOMMENDATION on the National Reform Programme 2011 of Hungaryand delivering a Council opinionon the updated Convergence Programme of Hungary, 2011-2015 /* SEC/2011/0821 final */

			   	Recommendation for a
COUNCIL RECOMMENDATION
on the National Reform Programme 2011 of
Hungary
and delivering a Council opinion
on the updated Convergence Programme of Hungary, 2011-2015
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the
Functioning of the European Union, and in particular Articles 121(2) and 148(4)
thereof,
Having regard to Council Regulation (EC) No
1466/97 of 7 July 1997 on the strengthening of the surveillance of budgetary
positions and the surveillance and coordination of economic policies[1],
and in particular Article 9(3) thereof,
Having regard to the recommendation of the
European Commission[2],
Having regard to the conclusions of the
European Council,
Having regard to the opinion of the
Employment Committee,
After consulting the Economic and Financial
Committee,
Whereas:
(1)
On 26 March 2010, the European Council agreed to
the European Commission's proposal to launch a new strategy for jobs and
growth, Europe 2020, based on enhanced coordination of economic policies, which
will focus on the key areas where action is needed to boost Europe’s potential
for sustainable growth and competitiveness.
(2)
On 13 July 2010, the Council adopted a
recommendation on the broad guidelines for the economic policies of the Member
States and the Union (2010 to 2014) and on 21 October 2010, adopted a decision
on guidelines for the employment policies of the Member States[3],
which together form the “integrated guidelines”. Member States were invited to
take the integrated guidelines into account in their national economic and
employment policies.
(3)
On 12 January 2011, the Commission adopted the
first Annual Growth Survey, marking the start of a new cycle of economic
governance in the EU and the first European semester of ex-ante and integrated
policy coordination, which is anchored in the Europe 2020 strategy.
(4)
On 25 March 2011, the European Council endorsed
the priorities for fiscal consolidation and structural reform (in line with the
Council’s conclusions of 15 February and 7 March 2011 and further to the
Commission’s Annual Growth Survey). It underscored the need to give priority to
restoring sound budgets and fiscal sustainability, reducing unemployment
through labour market reforms and making new efforts to enhance growth. It
requested Member States to translate these priorities into concrete measures to
be included in their Stability or Convergence Programmes and National Reform
Programmes.
(5)
On 15 April 2011, Hungary submitted its 2011
Convergence Programme update covering the period 2011-2015 and its 2011
National Reform Programme. In order to take account of the interlinkages, the two programmes have been assessed at the same time.
(6)
Hungary was severely hit by the crisis in autumn
2008, with the country losing access to market-based financing. To overcome
these difficulties, Hungary implemented an adjustment programme that focused on
fiscal consolidation and financial sector supervision and was supported by
financial assistance from the EU and the IMF. Against this background, the
country regained market access in spring 2009 and the economy emerged from
recession: after a contraction of 6.7% in 2009, GDP grew by 1.2% in 2010,
supported by increasing exports. At the same time, unemployment increased
further to over 11% from the pre-crisis level of below 8%. In the second half
of 2010, the government announced significant tax cuts to be implemented over
2010-2013. To limit the fiscal deterioration, it introduced, in parallel,
extraordinary levies and decided to abolish the mandatory private pension
pillar. Although this made it possible to limit the slippage in 2010 to 0.4% of
GDP above the deficit target of 3.8% of GDP and will result in a surplus in
2011, the underlining position deteriorated significantly. Against this
background, and with a view to strengthening the economic growth potential, the
government announced a structural reform programme in March 2011 and adopted
further consolidating measures.
(7)
Based on the assessment of the updated
Convergence Programme pursuant to Council Regulation (EC) No 1466/97, the
Council is of the opinion that, based on the Commission's 2011 spring
forecasts, the macroeconomic scenario underpinning the budgetary projections is
slightly too favourable, in particular regarding the development of domestic
demand. The update aims to correct the excessive deficit by the 2011 deadline
set by the Council, to be achieved with a surplus of 2% of GDP thanks to the
significant one-off revenues from the pension assets. The budget would turn
into a deficit of 2.5% of GDP in 2012 and thereafter gradually decline to 1.5%
of GDP in 2015, mainly based on expenditure restraint. The update confirms the
country’s medium-term objective (MTO) for the budgetary position in structural
terms, a deficit of 1.5% of GDP. The consolidation strategy is expected to
reduce the budgetary deficit in a structural way and put the debt on a downward
path to reach 64% of GDP by 2015. However, it appears to be back-loaded with
structural improvement starting only from 2012 whereas the cumulative structural
deterioration of over 3% of GDP over 2010 and 2011 is not in line with the
Council recommendation of July 2009 asking Hungary to achieve a structural
adjustment of at least 0.5% of GDP. The spring forecast shows a deficit of 3.3%
of GDP in 2012, which assumes some implementation risks; on this basis it
cannot be excluded that the threshold may be breached again in that year unless
further measures are taken. In addition, the projected deficit path does not
provide for the necessary structural adjustments that would ensure achievement
of the MTO by the end of the programme period; in particular, there is no
further structural adjustment beyond 2013. Finally, the abolishment of the
mandatory private pension pillar and the strong incentives provided for switching
over to the public pension pillar result in additional revenues in short and
medium term but also increases the long-term liabilities and so may deteriorate
the long-term fiscal sustainability.
(8)
Fiscal consolidation remains a major challenge.
Without rigorous implementation of the measures announced and additional
measures of a structural nature it cannot be ensured that the excessive deficit
is corrected on a sustainable basis and appropriate progress is made towards
the medium-term objective. Moreover, fiscal consolidation will also help to put
debt reduction on an appropriately declining path and improve long-term
sustainability which appears to be at medium risk. Making full use of windfall
revenues could help accelerate the fiscal consolidation. Against this
background, the authorities' bi-annual Excessive Deficit Procedure progress
reports will serve as a useful tool for closely monitoring progress of fiscal
consolidation.
(9)
The recently adopted Constitution establishes a
constitutional debt brake at 50% of GDP and gives the Fiscal Council a veto
right over the annual budget, which could be a first step forward improving the
budgetary framework. However, important details will only be specified in the
subsequent 'cardinal' laws (e.g. what the temporary numerical rules will be
until the debt ratio declines to 50%, the precise interpretation of the escape
clause, etc.). The imposition of a nominal debt cap if used as an all-purpose
device could, ceteris paribus, lead to a pro-cyclical fiscal stance. In
addition, the remit of the revamped fiscal body is relatively narrow (preparing
an opinion on the draft budget, with a right to veto) and does not cover the
entire budgetary cycle (e.g. through real-time assessments of new policies with
major budgetary implications). Finally, other aspects of fiscal governance,
such as the medium-term orientation of fiscal policy and the issue of
transparency have not yet been clarified.
(10)
The employment rate is among the lowest in the
EU (60.4%). The employment rate of women is also low (55.0%), while the gap
between the employment rates of women with and without 0-6-year old children is
the second biggest in the EU (33.6, against the EU average of 12.1 percentage
points). There are deficiencies both in the capacity and in the quality of
day-care services in Hungary, with particularly scant provision outside the
larger cities, and in regions with very high unemployment. Improving day-care
provision would be an important measure to facilitate both parents'
participation in the labour force.
(11)
Hungary has had a relatively high tax burden on
labour. The new personal income tax system partly addresses its negative
effects on employment, but the tax burden on low earners without children has
in fact increased, especially when taking into account the phasing out of
employment tax credits.
(12)
The public employment services (PES) suffer from
insufficient administrative capacity, and previous injections of funds have not
improved the efficiency of services in integrating the unemployed into the
labour market. The funding of employment programmes is
not sufficiently linked to results. The duration of unemployment benefits has
recently been reduced to the lowest levels in the EU. The impact of this
measure on the labour market needs to be assessed, in particular to determine
its effectiveness in raising employment participation.
(13)
Poverty and related factors such as joblessness
or low education levels continue to affect some disadvantaged groups,
particularly the Roma, disproportionately. The low-skilled have a particularly
low employment rate (36.8%, compared with the European average of 53.4%),
especially among men. According to estimates, 70% of the Roma population live
under the poverty threshold. A great majority of them live in deprived regions,
with little access to labour market opportunities and public services.
(14)
SMEs have been hindered by
the complexity of the regulatory framework, a heavy administrative burden and
limited accountability and transparency in public
administration. SMEs’ access to early-stage financing has been more scant than
the EU average. The National Reform Programme includes a number of measures to
reduce administrative burdens. The role of non-banking funding mechanisms is
lagging behind that played in other European countries. The effectiveness of
prior programmes to support the sector has not been systematically evaluated.
(15)
The Commission has assessed the Convergence
Programme and National Reform Programme for Hungary and has also taken into
account the government's intention to shadow the Euro Plus Pact[4].
It has taken into account not only their relevance for sustainable fiscal and
socio-economic policy in Hungary but also their conformity with EU rules and
guidance, given the need to reinforce the overall economic governance of the
European Union by providing EU-level input into future national decisions. It considers that the fiscal adjustment strategy mainly
based on the expenditure side is back-loaded. Hence, the 2011 deadline
set by the Council for bringing the deficit below the 3% of GDP threshold is
only met due to the significant one-off revenues from the pension assets.
Structural improvement will not begin until 2012 and, taking into account the
implementation risks, it cannot be excluded that the threshold may be breached
again in that year unless further measures are taken. Moreover, in the longer
term the Convergence Programme does not secure further progress towards the
MTO. Further measures to increase labour market participation and modernise
employment services would help to increase job opportunities. Further
reductions in administrative burdens would help improve the business
environment and help SMEs grow.
(16)
In light of this assessment, also taking into
account the Council Recommendation under Article 126(7) of the Treaty on the
Functioning of the European Union of 7 July 2009, the Council has examined the
2011 update of the Convergence Programme of Hungary and its opinion[5]
is reflected in particular in its recommendation under (1) and (2) set out
below. Taking into account the European Council conclusions of 25 March 2011,
the Council has examined the National Reform Programme of Hungary,
HEREBY RECOMMENDS that Hungary
should take action within the period 2011-2012 to:
(1)
Strengthen the fiscal effort to reduce the
structural deterioration in 2011 implicit in the planned 2% of GDP budget
surplus and avoid that the budget balance breaches the 3% of GDP threshold
again in 2012. Adopt additional fiscal measures of a permanent nature at the
latest in the 2012 budget to secure the budgetary targets for 2012 and 2013 in
the Convergence Programme. Ensure progress towards the medium-term objective by
at least 0.5% of GDP annually until the end of the programme horizon and use
possible windfall revenues to accelerate the fiscal consolidation.
(2)
Adopt and implement regulations specifying the
operational aspects of the new constitutional fiscal governance framework,
including, inter alia, the numerical rules that will be
implemented at the central and local level until the
debt ratio has declined to below 50% of GDP. Broaden the remit of the Fiscal
Council to cover the entire budgetary cycle, in particular through real-time
assessments of new policies with major budgetary implications and strengthen
the fiscal framework to cover multiannual fiscal planning and to improve the
transparency of public finances.
(3)
Enhance participation in the labour market by
alleviating the impact of the tax reform on low earners in a budget-neutral
manner. Strengthen measures to
encourage women's participation in the labour market by expanding childcare and pre-school facilities.
(4)
Take steps to strengthen the capacity of the
Public Employment Service and other providers to increase the quality and
effectiveness of training, job search assistance and individualised
services. Link funding of programmes to results. In consultation with
stakeholders, introduce tailor-made programmes, for the low skilled and other
particularly disadvantaged groups.
(5)
Improve the business environment by implementing
all the measures envisaged for regulatory reform and lowering administrative
burdens in the National Reform Programme; assess the
effectiveness of current SME support policies and adjust public programmes in
order to improve access to non-bank funding.
Done at Brussels,
                                                                       For
the Council
                                                                       The
President
[1]               OJ L 209, 2.8.1997, p. 1.
[2]               OJ C , , p. .
[3]               Maintained for 2011 by Council Decision 2011/308/EU
of 19 May 2011.
[4]               SEC(2011) 725.
[5]               Foreseen in Article 9(3) of Council Regulation (EC)
No 1466/97.


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32002H0413

Recommendation of the European Parliament and of the Council of 30 May 2002 concerning the implementation of Integrated Coastal Zone Management in Europe

Official Journal L 148 , 06/06/2002 P. 0024 - 0027

Recommendation of the European Parliament and of the Councilof 30 May 2002concerning the implementation of Integrated Coastal Zone Management in Europe(2002/413/EC)THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 175(1) thereof,Having regard to the proposal from the Commission,Having regard to the opinion of the Economic and Social Committee(1),Having regard to the opinion of the Committee of the Regions(2),Acting in accordance with the procedure laid down in Article 251 of the Treaty(3),Whereas:(1) The coastal zone is of great environmental, economic, social, cultural and recreational importance to Europe.(2) Coastal zones possess a unique biodiversity in terms of flora and fauna.(3) Chapter 17 of Agenda 21, adopted at the United Nations Conference on Environment and Development summit in Rio in June 1992, should be taken into account.(4) The 1999 assessment report of the European Environment Agency indicates a continuing degradation of conditions in the coastal zones of Europe as regards both the coasts themselves and the quality of coastal water.(5) Community coastal zones are further threatened by the effects of climate change, in particular rising sea levels, changes in storm frequency and strength, and increased coastal erosion and flooding.(6) Population growth and the development of economic activities are increasingly threatening for both the environmental and social equilibria of coastal zones.(7) The decline of fishing activity and related employment makes many fisheries-dependent areas particularly vulnerable.(8) Existing regional disparities in the Community affect the management and conservation of each coastal zone in a different way.(9) It is essential to implement an environmentally sustainable, economically equitable, socially responsible, and culturally sensitive management of coastal zones, which maintains the integrity of this important resource while considering local traditional activities and customs that do not present a threat to sensitive natural areas and to the maintenance status of the wild species of the coastal fauna and flora.(10) The Community promotes integrated management on a larger scale by means of horizontal instruments. These activities therefore contribute to integrated coastal zone management.(11) The Commission notes in its Communications(4) to the Council and the European Parliament that integrated management of the coastal zone requires strategic, coordinated and concerted action at the local and regional level, guided and supported by an appropriate framework at the national level.(12) The Commission's demonstration programme on integrated coastal zone management identifies principles of good coastal zone management.(13) There is a need to ensure coherent action a at European level, including cooperative action and consultation with regional seas organisations or international organisations, such as the International Maritime Organisation, to address cross-border coastal zone problems.(14) Council Resolution of 6 May 1994 on a Community strategy for integrated coastal zone management(5) and Council Resolution of 25 February 1992 on the future Community policy concerning the European coastal zone(6) both identify the need for concerted European action to implement integrated coastal zone management.(15) Since the Resolution of 6 May 1994 the European Union has experienced an increase in pressure on coastal resources, an increase in coastal population and an increase in near-shore and on-shore infrastructure.(16) An integrated coastal zone management involves multiple factors among which town and country planning and land use are only accessorily concerned.(17) In accordance with the subsidiarity and proportionality principles as set out in Article 5 of the Treaty, and with Protocol 7 to the Treaty of Amsterdam on the implementation of subsidiarity and proportionality, and given the diversity of conditions in the coastal zones and the legal and institutional frameworks in the Member States, the objectives of the proposed action can best be achieved by guidance at the Community level,HEREBY RECOMMEND THE FOLLOWING:CHAPTER IA strategic approachMember States take into account the sustainable development strategy and the Decision of the European Parliament and of the Council laying down the sixth Community environment action programme(7), and take a strategic approach to the management of their coastal zones, based on:(a) protection of the coastal environment, based on an ecosystem approach preserving its integrity and functioning, and sustainable management of the natural resources of both the marine and terrestrial components of the coastal zone;(b) recognition of the threat to coastal zones posed by climate change and of the dangers entailed by the rise in sea level and the increasing frequency and violence of storms;(c) appropriate and ecologically responsible coastal protection measures, including protection of coastal settlements and their cultural heritage;(d) sustainable economic opportunities and employment options;(e) a functioning social and cultural system in local communities;(f) adequate accessible land for the public, both for recreational purposes and aesthetic reasons;(g) in the case of remote coastal communities, maintenance or promotion of their cohesion;(h) improved coordination of the actions taken by all the authorities concerned both at sea and on land, in managing the sea-land interaction.CHAPTER IIPrinciplesIn formulating national strategies and measures based on these strategies, Member States should follow the principles of integrated coastal zone management to ensure good coastal zone management, taking into account the good practices identified, inter alia, in the Commission's demonstration programme on integrated coastal zone management. In particular, coastal zone management should be based on:(a) a broad overall perspective (thematic and geographic) which will take into account the interdependence and disparity of natural systems and human activities with an impact on coastal areas;(b) a long-term perspective which will take into account the precautionary principle and the needs of present and future generations;(c) adaptive management during a gradual process which will facilitate adjustment as problems and knowledge develop. This implies the need for a sound scientific basis concerning the evolution of the coastal zone;(d) local specificity and the great diversity of European coastal zones, which will make it possible to respond to their practical needs with specific solutions and flexible measures;(e) working with natural processes and respecting the carrying capacity of ecosystems, which will make human activities more environmentally friendly, socially responsible and economically sound in the long run;(f) involving all the parties concerned (economic and social partners, the organisations representing coastal zone residents, non-governmental organisations and the business sector) in the management process, for example by means of agreements and based on shared responsibility;(g) support and involvement of relevant administrative bodies at national, regional and local level between which appropriate links should be established or maintained with the aim of improved coordination of the various existing policies. Partnership with and between regional and local authorities should apply when appropriate;(h) use of a combination of instruments designed to facilitate coherence between sectoral policy objectives and coherence between planning and management.CHAPTER IIINational stocktakingMember States conduct or update an overall stocktaking to analyse which major actors, laws and institutions influence the management of their coastal zone. This stocktaking should:(a) consider (but not be limited to) the following sectors and areas: fisheries and aquaculture, transport, energy, resource management, species and habitat protection, cultural heritage, employment, regional development in both rural and urban areas, tourism and recreation, industry and mining, waste management, agriculture and education;(b) cover all administrative levels;(c) analyse the interests, role and concerns of citizens, non-governmental organisations, and the business sector;(d) identify relevant inter-regional organisations and cooperation structures, and(e) take stock of the applicable policy and legislative measures.CHAPTER IVNational strategies1. Based on the result of the stocktaking, each Member State concerned, in partnership with the regional authorities and inter-regional organisations, as appropriate, should develop a national strategy or, where appropriate, several strategies, to implement the principles for integrated management of the coastal zone.2. These strategies might be specific to the coastal zone, or might be part of a geographically broader strategy or programme for promoting integrated management of a larger area.3. These strategies should:(a) identify the roles of the different administrative actors within the country or region whose competence includes activities or resources related to the coastal zone, as well as mechanisms for their coordination. This identification of roles should allow an adequate control, and an appropriate strategy and consistency of actions;(b) identify the appropriate mix of instruments for implementation of the principles outlined in Chapter II, within the national, regional or local legal and administrative context. In developing these strategies, the Member States should consider the appropriateness of:(i) developing national strategic plans for the coast to promote integrated management ensuring, inter alia, the control of additional urbanisation and of the exploitation of non-urban areas while respecting natural features of the coastal environment;(ii) land purchase mechanisms and declarations of public domain to ensure public access for recreational purposes without prejudice to the protection of sensitive areas;(iii) developing contractual or voluntary agreements with coastal zone users, including environmental agreements with industry;(iv) harnessing economic and fiscal incentives, and(v) working through regional development mechanisms;(c) develop or maintain national and, where appropriate, regional or local legislation or policies and programmes which address both the marine and terrestrial areas of coastal zones together;(d) particularly, identify measures to promote bottom-up initiatives and public participation in integrated management of the coastal zone and its resources;(e) identify sources of durable financing for integrated coastal zone management initiatives where needed, and examine how to make the best use of existing financing mechanisms both at Community and at national level;(f) identify mechanisms to ensure full and coordinated implementation and application of Community legislation and policies that have an impact on coastal areas, including when reviewing Community policies;(g) include adequate systems for monitoring and disseminating information to the public about their coastal zone. These systems should collect and provide information in appropriate and compatible formats to decision makers at national, regional and local levels to facilitate integrated management. The work of the European Environment Agency can serve inter alia as a basis for this purpose. These data should be publicly available in accordance with relevant Community legislation, in particular with the Directive of the European Parliament and of the Council on public access to environmental information and repealing Council Directive 90/313/EEC(8);(h) determine how appropriate national training and education programmes can support implementation of integrated management principles in the coastal zone.CHAPTER VCooperation1. Member States should encourage, enter into or maintain dialogue and implement existing conventions with neighbouring countries, including non-Member States in the same regional sea, to establish mechanisms for better coordination of responses to cross-border issues.2. Member States also work actively with the Community institutions and other coastal stakeholders to facilitate progress towards a common approach to integrated coastal zone management, examining the need for a European coastal stakeholders forum. In this process, ways of using existing institutions and conventions should be explored.3. In this context, cooperation with the accession countries is maintained and enhanced.CHAPTER VIReporting and review1. Member States report to the Commission on the experience in implementation of this Recommendation 45 months after its adoption.2. These reports are available to the public and include, in particular, information concerning:(a) the results of the national stocktaking exercise;(b) the strategy or strategies proposed at the national level for implementation of integrated coastal zone management;(c) a summary of actions taken, or to be taken, to implement the national strategy or strategies;(d) an evaluation of the expected impact of the strategy or strategies on the status of the coastal zone;(e) an evaluation of the implementation and application of Community legislation and policies that have an impact on coastal areas.3. The Commission should review this Recommendation within 55 months following the date of its adoption and submit to the European Parliament and the Council an evaluation report accompanied if appropriate by a proposal for further Community action.Done at Brussels, 30 May 2002.For the European ParliamentThe PresidentP. CoxFor the CouncilThe PresidentJ. Piqué I Camps(1) OJ C 155, 29.5.2001, p. 17.(2) OJ C 148, 18.5.2001, p. 23.(3) Opinion of the European Parliament of 5 July 2001 (OJ C 65 E, 14.3.2002, p. 309), Council Common Position of 13 December 2001 (OJ C 58 E, 5.3.2002, p. 1) and Decision of the European Parliament of 10 April 2002. Council Decision of 7 May 2002.(4) COM(97) 744 and COM(2000) 547.(5) OJ C 135, 18.5.1994, p. 2.(6) OJ C 59, 6.3.1992, p. 1.(7) Not yet published in the Official Journal.(8) Not yet published in the Official Journal.


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31991H0444

91/444/Euratom: Commission Recommendation of 26 July 1991 on the application of the third and fourth paragraphs of Article 33 of the Euratom Treaty

Official Journal L 238 , 27/08/1991 P. 0031 - 0033

COMMISSION RECOMMENDATION  of 26 July 1991  on the application of the third and fourth paragraphs of Article 33 of the Euratom Treaty  (91/444/Euratom)THE COMMISSION OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Articles 33, second paragraph, and 124, second indent, thereof,  Whereas Article 2 (b) of the Treaty provides for the establishment of uniform safety standards to protect the health of the general public and workers against the dangers arising from ionizing radiation;  Whereas, in order to achieve this objective, Article 31 of the Treaty entrusts to the Council the task of establishing the basic standards in the area of radiation protection;  Whereas the Council and the Commission have adopted a number of legal acts pursuant to this Article relating to the health protection of the general public and workers (1);  Whereas the basic standards are intended to evolve and may be supplemented on the basis of Article 32;  Whereas, pursuant to the first paragraph of Article 33 of the Treaty, each Member State is required to lay down the appropriate provisions, by legislation, regulation or administrative action, to ensure compliance with the basic standards which have  been established, and to take the necessary measures with regard to teaching, education and vocational training;  Whereas, on the basis of the second paragraph of Article 33, the Commission makes appropriate recommendations for harmonizing the provisions applicable in this field in the Member States;  Whereas, pursuant to the third paragraph of Article 33 of the Treaty, each Member State is required to communicate to the Commission the draft laws, regulations and administrative provisions mentioned above; whereas, pursuant to the fourth paragraph of  Article 33, the Commission may issue recommendations within three months of the date on which such provisions are communicated;  Whereas this procedure is designed to ensure that the uniform nature of the basic standards is reflected in the national provisions of the Member States and to bring about the harmonization of their legislation for the protection of the health of the  general public and workers against ionizing radiation;  Whereas the Commission's recommendations are designed to ensure that the draft laws, regulations and administrative provisions are adapted to take account of the basic standards;  Whereas the Commission's recommendations can be fully effective only if they are addressed to the Member States before the latter adopt their draft provisions;  Whereas the Member States should therefore not finally adopt any draft provisions until the period of three months granted to the Commission under Article 33, fourth paragraph, of the Treaty has elapsed;  Whereas it is essential that the Member States, in accordance with the spirit of Article 192 of the Treaty and with a view to facilitating the work of the Commission, communicate to the Commission the provisions as finally adopted in order to make it  possible for the Commission to ensure, pursuant to Article 124 of the Treaty, that the provisions of Community law are applied;  Whereas, in order to ensure correct application of the procedure provided for in Article 33, it is useful to define the draft provisions which must be communicated to the Commission for this purpose;  Whereas experience has been gained in the application of the third and fourth paragraphs of Article 33 of the Treaty,  HEREBY RECOMMENDS: 1. The Member States, after completion of the consultation procedure provided for in the national decision-making process and, in any event, at the last three months before their adoption, communicate to the Commission, in accordance  with the third paragraph of Article 33 of the Treaty establishing the European Atomic Energy Community, the draft laws, regulations and administrative provisions, defined in the Annex, which are designed to ensure compliance with the basic standards.  2. The Member States refrain from finally adopting any draft provisions before the Commission has communicated its recommendations to them or, in any event, before the period of three months mentioned in the fourth paragraph of Article 33 of the Treaty,  starting from the date on which the Commission receives the draft provisions, has elapsed.  3. Any major amendment to draft provisions which have already been presented to the Commission for recommendations be communicated to the Commission.  4. The Member States communicate to the Commission the text adopted and the date on which it enters into force.  This recommendation is addressed to the Member States. Done at Brussels, 26 July 1991. For the Commission  Carlo RIPA DI MEANA  Member of the Commission   (1) Directive 80/836/Euratom (OJ No L 246, 17. 9. 1980, p. 1). Directive 84/466/Euratom (OJ No L 265, 5. 10. 1984, p. 1). Directive 84/467/Euratom (OJ No L 265, 5. 10. 1984, p. 4). Directive 89/618/Euratom (OJ No L 357, 7. 12. 1989, p. 31).  Directive 90/641/Euratom (OJ No L 349, 13. 12. 1990, p. 21). Decision 87/600/Euratom (OJ No L 371, 30. 12. 1987, p. 76). Regulation (Euratom) No 3954/87 (OJ No L 371, 30. 12. 1987, p. 11). Regulation (Euratom) No 2218/89 (OJ No L 211, 22. 7. 1989, p.  1). Regulation (Euratom) No 944/89 (OJ No L 101, 13. 4. 1989, p. 17). Regulation (Euratom) No 770/90 (OJ No L 83, 30. 3. 1990, p. 78).    ANNEX  'Provisions, whether by legislation, regulation or administrative action', as referred to in the first paragraph of Article 33 of the Treaty establishing the European Atomic Energy Community, are taken to mean:  - all laws and all other acts which are legally binding,  - circulars, directives and codes of practice of a general nature which are not legally binding but are binding on the administrative body concerned,  - national, regional or local emergency plans, depending on the organization adopted in the Member States, for dealing with a radiological emergency within the meaning of Council Directives 80/836/Euratom and 89/618/Euratom,  - in so far as the contents of the following have not been laid down in the abovementioned acts:  - the training programmes for workers, approved medical practitioners and qualified experts within the meaning of Articles 24 and 40 (3) of Directive 80/836/Euratom and for doctors, dental practitioners and other practitioners and assistants within the  meaning of Article 2 of Directive 84/466/Euratom,  - the programmes for informing the general public and the persons likely to be involved in organizing assistance in the event of a radiolocial emergency within the meaning of Directive 89/618/Euratom,  - the inventory of medical radiological equipment within the meaning of Article 3 of Directive 84/466/Euratom,  which are appropriate to ensure compliance with the standards laid down in the Directives adopted pursuant to Article 31 of the Treaty.


Avis juridique important

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31998H0318

98/318/EC: Council Recommendation of 3 May 1998 on the appointments of the President, the Vice-President and the other members of the Executive Board of the European Central Bank

Official Journal L 139 , 11/05/1998 P. 0036 - 0036

COUNCIL RECOMMENDATION of 3 May 1998 on the appointments of the President, the Vice-President and the other members of the Executive Board of the European Central Bank (98/318/EC) THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 109a(2) and Article 109l(1), second indent, and to Article 50 of the Protocol on the Statute of the European System of Central Banks and of the European Central Bank,HEREBY RECOMMENDS:1. Wim DUISENBERG as President of the European Central Bank for a term of office of eight years.2. Christian NOYER as Vice-President of the European Central Bank for a term of office of four years.3. Otmar ISSING as member of the Executive Board of the European Central Bank for a term of office of eight years.4. Tommaso PADOA SCHIOPPA as member of the Executive Board of the European Central Bank for a term of office of seven years.5. Eugenio DOMINGO SOLANS as member of the Executive Board of the European Central Bank for a term of office of six years.6. Sirkka HÄMÄLÄINEN as member of the Executive Board of the European Central Bank for a term of office of five years.This recommendation shall be submitted for decision to the governments of the Member States at the level of Heads of State or Government adopting the single currency after consulting the European Parliament and the Council of the European Monetary Institute.This recommendation shall be published in the Official Journal of the European Communities.Done at Brussels, 3 May 1998.For the CouncilThe PresidentG. BROWN


title: Commission Recommendation of 7 April 2008 on authorisation of mobile communication services on aircraft (MCA services) in the European Community (notified under document number C(2008) 1257) (Text with EEA relevance)

text:
               10.4.2008

               EN

               Official Journal of the European Union

               L 98/24

      COMMISSION RECOMMENDATION

   of 7 April 2008
   on authorisation of mobile communication services on aircraft (MCA services) in the European Community
   (notified under document number C(2008) 1257)
   (Text with EEA relevance)
   (2008/295/EC)
   THE COMMISSION OF THE EUROPEAN COMMUNITIES,
   Having regard to the Treaty establishing the European Community,
   Having regard to Directive 2002/21/EC of the European Parliament and of the Council of 7 March 2002 on a common regulatory framework for electronic communications networks and services (Framework Directive) (1), and in particular Article 19(1) thereof,
   Whereas:

               (1)

               The EU’s information society policy and the i2010 initiative stress the benefits of ready access to information and communication resources in all areas of daily life. A coordinated approach to regulate mobile communication services on aircraft (MCA services) would help to secure these benefits and facilitate cross-border electronic communications services across the Community.

               (2)

               When authorising MCA services, Member States must comply with the Framework Directive and with Directive 2002/20/EC of the European Parliament and of the Council of 7 March 2002 on the authorisation of electronic communications networks and services (Authorisation Directive) (2).

               (3)

               Pursuant to the Framework Directive, national regulatory authorities in the Member States should contribute to the development of the internal market by, inter alia, removing remaining obstacles to the provision of electronic communications networks, associated facilities and services and electronic communications services at European level and by encouraging the establishment and development of trans-European networks and the interoperability of pan-European services, and end-to-end connectivity.

               (4)

               Pursuant to the Authorisation Directive, the least onerous authorisation system possible should be used to allow the provision of electronic communications networks and services in order to stimulate the development of new electronic communications services and pan-European communication networks and services and to allow service providers and consumers to benefit from the economies of scale of the single market. Those aims can generally best be achieved by general authorisation of all electronic communications networks and services.

               (5)

               The technical conditions necessary to reduce the risk of harmful interference with terrestrial mobile networks by MCA operation are dealt with separately in Commission Decision 2008/294/EC (3).

               (6)

               The technical basis for Decision 2008/294/EC is Report 016 of the European Conference of Postal and Telecommunications Administrations (CEPT), which was written in response to the EC mandate given to the CEPT on MCA of 12 October 2006.

               (7)

               ETSI Harmonised Standard EN 302 480 provides for presumption of conformity with the essential requirements of Directive 1999/5/EC of the European Parliament and of the Council of 9 March 1999 on radio equipment and telecommunications terminal equipment and the mutual recognition of their conformity (4) for equipment used for MCA services in the European Union.

               (8)

               Issues relating to air safety are of paramount importance and MCA services may be provided only on condition that they have fulfilled air safety requirements via appropriate airworthiness certification and other relevant aeronautical agreements, together with electronic communications requirements. Airworthiness certificates valid for the whole European Union are issued by the European Aviation Safety Agency (EASA).

               (9)

               Provided the technical conditions specified in Decision 2008/294/EC and in Harmonised Standard EN 302 480 or equivalent standards and relevant airworthiness certificates fulfil the relevant requirements, the risk of harmful interference will be negligible and therefore general authorisations should be considered for MCA services.

               (10)

               Responsibility for authorisation of MCA services should lie with the country of registration of the aircraft, in accordance with that country’s authorisation system.

               (11)

               The availability and sharing of sufficient information should help to resolve possible cross-border interference issues caused by MCA services.

               (12)

               Member States are to provide some of the information required to the ERO Frequency Information System (EFIS) pursuant to Commission Decision 2007/344/EC of 16 May 2007 on harmonised availability of information regarding spectrum use within the Community (5). Other relevant information may be obtained from operators of MCA services or from civil aviation administrations.

               (13)

               A dedicated register of relevant data for all MCA-bearing aircraft flying within the European Union, and also into and out of the European Union, could help to resolve interference by gathering all the information on a timely basis and in a common format. At first, and subject to periodic review, such a common register would be maintained by the relevant MCA operators and would be made available to the Commission and to the Member States.

               (14)

               The resolution of interference issues between Member States may also be helped by the provisions of the international ITU Radio Regulations treaty on notification and recording of frequency assignments and on reporting harmful interference.

               (15)

               The authorisation of MCA-bearing aircraft flying within the airspace of Member States but registered outside the European Union would be assisted by relevant information provided by industry in its dedicated MCA register and by the application of relevant provisions in the ITU Radio Regulations. A common approach on the mutual recognition of MCA authorisations with countries where non-EU aircraft is registered could be helpful.

               (16)

               Member States have already granted rights of use of frequencies to terrestrial mobile operators. Such authorisations do not cover MCA services and are generally limited to terrestrial mobile services.

               (17)

               For the purposes of this Recommendation, the aircraft cabin space is considered to be under the jurisdiction and control of the country of registration of the aircraft.

               (18)

               Use of MCA services may also have implications for public security. Appropriate measures may be taken nationally or pursuant to Regulation (EC) No 2320/2002 of the European Parliament and of the Council of 16 December 2002 establishing common rules in the field of civil aviation security (6) in order to ensure that mobile phones in aircraft are not used for illegal purposes.

               (19)

               The regulatory and technical elements of the common approach to authorisation of MCA services in the European Union should be kept under scrutiny to ensure that they remain satisfactory for the overall purpose of avoiding harmful interference, failing which appropriate remedial measures will be considered.

               (20)

               The measures provided for in this Recommendation are in accordance with the opinion of the Communications Committee,

         HEREBY RECOMMENDS:

               1.

               This Recommendation aims to coordinate national authorisation conditions and procedures relating to use of the radio spectrum for mobile communication services on aircraft (MCA services) in order to facilitate their introduction in the Community and to avoid harmful interference caused by MCA services on cross-border flights.
               Human factor issues relating to use of MCA services and satellite communications between aircraft and space stations are outside the scope of this Recommendation.
               National authorisation conditions and rules referred to in this Recommendation will apply without prejudice to legal obligations concerning air safety and public security.

               2.

               ‘Mobile communication services on aircraft (MCA services)’ mean electronic communications services, as defined in Article 2(c) of the Framework Directive, provided by an undertaking to enable airline passengers to use public communication networks during flight without establishing direct connections with terrestrial mobile networks.

               3.

               Not later than six months after adoption of this Recommendation, Member States should take all steps necessary to be able to authorise provision of MCA services in aircraft registered within their jurisdiction.
               Member States should authorise MCA services in accordance with the principles set out in this Recommendation. No provision in this Recommendation should be contrary to maintaining optimum air safety conditions.
               Member States should require no additional authorisation for operation of MCA services above their territory in aircraft registered in other Member States in compliance with the conditions agreed pursuant to point 4.
               MCA services in aircraft registered outside the Community should also be exempted from authorisation in the Community, provided such services are in compliance with the conditions agreed pursuant to point 4 and registered in accordance with the relevant ITU rules.

               4.

               Member States should not authorise MCA services unless they satisfy the technical conditions set out in Decision 2008/294/EC.

               5.

               Member States should consider making provision of MCA services in aircraft registered within their jurisdiction subject to general authorisations.
               Where use of spectrum for operation of MCA services is subject to individual rights, Member States should periodically reassess the need for such individual rights in the light of the experience acquired, with the objective of incorporating the conditions attached to such rights into a general authorisation.
               In such cases, Member States should ensure that MCA services and terrestrial mobile electronic communications services in the same frequency bands are authorised on distinct bases.

               6.

               Member States should inform the Commission and other Member States in a timely manner of the MCA services authorised to operate in aircraft registered within their jurisdiction and of the request for operation in their national airspace by MCA services in aircraft registered outside the European Union.
               Where necessary, Member States should request operators of MCA services to supply data relevant for the purpose indicated in the previous paragraph.

               7.

               Member States should cooperate actively, constructively and in a spirit of solidarity, using existing ITU procedures where appropriate, to manage any issues concerning harmful interference allegedly caused by operation of MCA services.
               Member States should promptly bring issues concerning harmful interference allegedly caused by MCA services authorised in another Member State to the attention of the Member State responsible for authorisation of the MCA service concerned and should inform the Commission. Where appropriate, the Commission should inform the Communications Committee and the Radio Spectrum Committee of the above-mentioned issues in order to seek solutions to any difficulties.
               Member States which have authorised MCA services which are suspected of interfering harmfully with services on the territory of another Member State should respond and promptly resolve any such interference.

               8.

               Member States should keep use of spectrum by MCA services under scrutiny, in particular concerning actual or potential harmful interference, and should report their findings to the Commission to allow a timely review of this Recommendation if necessary.

               9.

               This Recommendation is addressed to the Member States.

      Done at Brussels, 7 April 2008.

            For the Commission

         Viviane REDING

            Member of the Commission

      (1)  OJ L 108, 24.4.2002, p. 33. Directive as amended by Regulation (EC) No 717/2007 (OJ L 171, 29.6.2007, p. 32).

      (2)  OJ L 108, 24.4.2002, p. 21.

      (3)  See page 19 of this Official Journal.

      (4)  OJ L 91, 7.4.1999, p. 10. Directive as amended by Regulation (EC) No 1882/2003 (OJ L 284, 31.10.2003, p. 1).

      (5)  OJ L 129, 17.5.2007, p. 67.

      (6)  OJ L 355, 30.12.2002, p. 1. Regulation as amended by Regulation (EC) No 849/2004 (OJ L 158, 30.4.2004, p. 1; corrected by OJ L 229, 29.6.2004, p. 3).