Avis juridique important

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31983K0512

83/512/ECSC: Commission Recommendation of 17 October 1983 derogating from Recommendation No 1399/82/ECSC on Community surveillance in respect of the importation of certain iron and steel products covered by the ECSC Treaty and originating in certain non-member countries

Official Journal L 285 , 18/10/1983 P. 0023 - 0023

*****COMMISSION  RECOMMENDATION  of 17 October 1983  derogating from recommendation No 1399/82/ECSC on Community surveillance in respect of the importation of certain iron and steel products covered by the ECSC Treaty and originating in certain non-member countries  (83/512/ECSC)  THE COMMISSION OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Coal and Steel Community, and in particular Article 74 thereof,  Whereas imports of certain iron and steel products covered by the ECSC Treaty originating in non-member countries are subject to Community surveillance under Commission recommendation No 1399/82/ECSC (1), as extended by recommendation No 3419/82/ECSC (2);  Whereas the trend in imports of concrete reinforcing bars with minor indentations, flanges, grooves or other deformations produced during the rolling process, whether or not twisted after rolling, originating in Spain, particularly as regards their price, has caused the Commission to alter the import arrangements in respect of this product; whereas it is therefore necessary to derogate from certain of the terms of the abovementioned recommendation and make the product in question subject to Articles 2 (2) (B) and 3 (1) of the said recommendation,  MAKES THE FOLLOWING RECOMMENDATION:  Article 1  By way of derogation from recommendation No 1399/82/ECSC, concrete reinforcing bars with minor indentations, flanges, grooves or other deformations produced during the rolling process, whether or not twisted after rolling, originating in Spain, falling within subheading 73.10 A II of the Common Customs Tariff and covered by NIMEXE code 73.10-13, shall, as from 17 October and until 31 December 1983, no longer be subject to Article 2 (2) (A) but to Articles 2 (2) (B) and 3 (1) of the said recommendation.  Article 2  This recommendation is addressed to the Member States.  Done at Brussels, 17 October 1983.  For the Commission  Wilhelm HAFERKAMP  Vice-President  (1) OJ No L 157, 8. 6. 1982, p. 5.  (2) OJ No L 360, 21. 12. 1982, p. 25.


Avis juridique important

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31980H0460

80/460/EEC: Council recommendation of 22 April 1980 concerning the discharge to be given to the Commission in respect of the implementation of the operations of the European Development Fund (1975) (Fourth EDF) for the financial year 1978

Official Journal L 111 , 30/04/1980 P. 0016

****( 1 ) OJ NO L 25 , 30 . 1 . 1976 , P . 1 .  ( 2 ) OJ NO L 176 , 1 . 7 . 1976 , P . 8 .  ( 3 ) OJ NO L 25 , 30 . 1 . 1976 , P . 168 .  ( 4 ) OJ NO L 229 , 20 . 8 . 1976 , P . 9 .    COUNCIL RECOMMENDATION   OF 22 APRIL 1980   CONCERNING THE DISCHARGE TO BE GIVEN TO THE COMMISSION IN RESPECT OF THE IMPLEMENTATION OF THE OPERATIONS OF THE EUROPEAN DEVELOPMENT FUND ( 1975 ) ( FOURTH EDF ) FOR THE FINANCIAL YEAR 1978  ( 80/460/EEC )   THE COUNCIL OF THE EUROPEAN   COMMUNITIES ,   HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY , AND IN PARTICULAR ARTICLE 206B THEREOF ,   HAVING REGARD TO THE ACP-EEC CONVENTION OF LOME ( 1 ), SIGNED ON 28 FEBRUARY 1975 ,   HAVING REGARD TO COUNCIL DECISION 76/568/EEC OF 29 JUNE 1976 ON THE ASSOCIATION OF THE OVERSEAS COUNTRIES AND TERRITORIES WITH THE EUROPEAN ECONOMIC COMMUNITY ( 2 ),   HAVING REGARD TO THE INTERNAL AGREEMENT ON THE FINANCING AND ADMINISTRATION OF COMMUNITY AID ( 3 ), SIGNED ON 11 JULY 1975 , AND IN PARTICULAR ARTICLE 31 ( 3 ) THEREOF ,   HAVING REGARD TO THE FINANCIAL REGULATION OF 27 JULY 1976 APPLICABLE TO THE FOURTH EUROPEAN DEVELOPMENT FUND ( 4 ), AND IN PARTICULAR ARTICLES 64 TO 67 THEREOF ,   HAVING EXAMINED THE REVENUE AND EXPENDITURE ACCOUNT AND THE BALANCE SHEET RELATING TO THE OPERATIONS OF THE EUROPEAN DEVELOPMENT FUND ( 1975 ) ( FOURTH EDF ) AS AT 31 DECEMBER 1978 AND THE COURT OF AUDITORS '  REPORT RELATING TO THE FINANCIAL YEAR 1978 , ACCOMPANIED BY THE COMMISSION ' S REPLIES ;   WHEREAS , PURSUANT TO ARTICLE 31 OF THE INTERNAL AGREEMENT , THE DISCHARGE FOR THE MANAGEMENT OF THE EUROPEAN DEVELOPMENT FUND ( 1975 ) ( FOURTH EDF ) MUST BE GIVEN TO THE COMMISSION ACCORDING TO THE PROCEDURE PROVIDED FOR IN ARTICLE 206 OF THE TREATY ;   WHEREAS THE OVERALL IMPLEMENTATION BY THE COMMISSION OF THE OPERATIONS OF THE EUROPEAN DEVELOPMENT FUND ( 1975 ) ( FOURTH EDF ) DURING THE FINANCIAL YEAR 1978 HAS BEEN SATISFACTORY ,   RECOMMENDS THAT THE EUROPEAN PARLIAMENT GIVE THE COMMISSION A DISCHARGE IN RESPECT OF THE IMPLEMENTATION OF THE OPERATIONS OF THE EUROPEAN DEVELOPMENT FUND ( 1975 ) ( FOURTH EDF ) FOR THE FINANCIAL YEAR 1978 .   DONE AT LUXEMBOURG , 22 APRIL 1980 .   FOR THE COUNCIL   THE PRESIDENT   G . ZAMBERLETTI


Recommendation for a Council opinion in accordance with the third paragraph of Art. 5 of Council Regulation (EC) No 1466/97 of 7 July 1997 on the updated stability programme of Italy, 2005-2009


Avis juridique important

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31978K0451

78/451/ECSC: Commission Recommendation of 3 May 1978 to the Governments of the Member States amending Commission Recommendation 77/330/ECSC of 15 April 1977 establishing Community surveillance in respect of the importation into the Community of certain iron and steel products covered by the Treaty establishing the European Coal and Steel Community, originating in third countries

Official Journal L 141 , 30/05/1978 P. 0022 - 0022

****( 1 ) OJ NO L 73 , 15 . 3 . 1978 , P . 37 .  ( 2 ) OJ NO L 114 , 5 . 5 . 1977 , P . 15 .    COMMISSION RECOMMENDATION   OF 3 MAY 1978   TO THE GOVERNMENTS OF THE MEMBER STATES AMENDING COMMISSION RECOMMENDATION 77/330/ECSC OF 15 APRIL 1977 ESTABLISHING COMMUNITY SURVEILLANCE IN RESPECT OF THE IMPORTATION INTO THE COMMUNITY OF CERTAIN IRON AND STEEL PRODUCTS COVERED BY THE TREATY ESTABLISHING THE EUROPEAN COAL AND STEEL COMMUNITY , ORIGINATING IN THIRD COUNTRIES  ( 78/451/ECSC )   THE COMMISSION OF THE EUROPEAN   COMMUNITIES ,   HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN COAL AND STEEL COMMUNITY , AND IN PARTICULAR ARTICLE 74 ( 3 ) THEREOF ,   WHEREAS BY RECOMMENDATION 78/282/ECSC OF 9 MARCH 1978 ( 1 ), AMENDING RECOMMENDATION 77/330/ECSC OF 15 APRIL 1977 ESTABLISHING COMMUNITY SURVEILLANCE IN RESPECT OF THE IMPORTATION INTO THE COMMUNITY OF CERTAIN IRON AND STEEL PRODUCTS COVERED BY THE ECSC TREATY ( 2 ), THE COMMISSION ESTABLISHED THAT IT WAS NO LONGER NECESSARY FOR THE APPLICATION BY THE IMPORTER TO STATE THE EFFECTIVE PRICE  ( BASIC PRICE PLUS EXTRAS ) ESTABLISHED BY CONTRACT FREE-AT-FRONTIER DUTY-PAID FOR CONCRETE REINFORCEMENT BARS FALLING WITHIN SUBHEADING EX 73.10 A II , ORIGINATING IN SWITZERLAND , OR FOR PRODUCTS ORIGINATING IN THE THIRD COUNTRIES LISTED IN THE ANNEX TO THE SAID RECOMMENDATION ;   WHEREAS IT IS NECESSARY TO WIDEN THE SCOPE OF THAT LIST BY INCLUDING CZECHOSLOVAKIA , HUNGARY AND SPAIN ;   WHEREAS , HOWEVER , FOR PRODUCTS ORIGINATING IN HUNGARY AND SPAIN THE EFFECTIVE PRICE FREE-AT-FRONTIER , DUTY-PAID MAY STILL BE MENTIONED IN RESPECT OF IMPORT APPLICATIONS MADE BEFORE 31 MAY 1978 CONCERNING PRODUCTS WHICH ARE THE SUBJECT OF CONTRACTS CONCLUDED BEFORE 28 AND 25 APRIL 1978 , RESPECTIVELY ,   MAKES THE FOLLOWING RECOMMENDATION :   ARTICLE 1   THE FOLLOWING THIRD COUNTRIES SHALL BE ADDED TO THE LIST OF THIRD COUNTRIES IN THE ANNEX TO COMMISSION RECOMMENDATION 78/282/ECSC OF 9 MARCH 1978 AMENDING COMMISSION RECOMMENDATION 77/330/ECSC OF 15 APRIL 1977 :   -  CZECHOSLOVAKIA ,   -  HUNGARY ,   -  SPAIN .   ARTICLE 2   PARAGRAPH ( G ) OF ARTICLE 2 OF COMMISSION RECOMMENDATION 77/330/ECSC , AS AMENDED BY COMMISSION RECOMMENDATION 78/282/ECSC , SHALL BE REPLACED BY THE FOLLOWING :   ' ( G ) THE EFFECTIVE PRICE ( BASIC PRICE PLUS EXTRAS ) ESTABLISHED BY CONTRACT FREE-AT-FRONTIER DUTY-PAID , EXCEPT IN THE CASE OF PRODUCTS ORIGINATING IN THE THIRD COUNTRIES LISTED IN THE ANNEX AND OF CONCRETE REINFORCEMENT BARS FALLING WITHIN CCT SUBHEADING EX 73.10 A II , ORIGINATING IN SWITZERLAND .   HOWEVER , THIS PRICE MAY STILL BE MENTIONED IN IMPORT APPLICATIONS SUBMITTED BEFORE 31 MAY 1978 IN RESPECT OF PRODUCTS ORIGINATING IN HUNGARY AND IN SPAIN COVERED BY CONTRACTS CONCLUDED BEFORE 28 AND 25 APRIL 1978 , RESPECTIVELY . '   ARTICLE 3   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 FOR EACH MEMBER STATE ON THE DATE OF ITS NOTIFICATION .   DONE AT BRUSSELS , 3 MAY 1978 .   FOR THE COMMISSION   WILHELM HAFERKAMP   VICE-PRESIDENT


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		52013DC0375

			Recommendation for a COUNCIL RECOMMENDATION on Slovakia’s 2013 national reform programme and delivering a Council opinion on Slovakia’s stability programme for 2012-2016 /* COM/2013/0375 final */

			   	Recommendation for a
COUNCIL RECOMMENDATION
on Slovakia’s 2013 national reform
programme
and delivering a Council opinion on Slovakia’s stability programme for
2012-2016

THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the
Functioning of the European Union, and in particular Articles 121(2) and 148(4)
thereof,
Having regard to Council Regulation (EC) No
1466/97 of 7 July 1997 on the strengthening of the surveillance of budgetary
positions and the surveillance and coordination of economic policies[1], and in particular Article 5(2)
thereof,
Having regard to the recommendation of the
European Commission[2],
Having regard to the resolutions of the
European Parliament[3],
Having regard to the conclusions of the
European Council,
Having regard to the opinion of the
Employment Committee,
After consulting the Economic and Financial
Committee,
Whereas:
(1)       On 26 March 2010, the
European Council agreed to the Commission’s proposal to launch a new strategy
for growth and jobs, 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, on the basis of the Commission's proposals, adopted a recommendation
on the broad guidelines for the economic policies of the Member States and the
Union (2010 to 2014) and, on 21 October 2010, adopted a decision on guidelines
for the employment policies of the Member States[4],
which together form the ‘integrated guidelines’. Member States were invited to
take the integrated guidelines into account in their national economic and
employment policies.
(3)       On 29 June 2012, the Heads
of State or Government decided on a Compact for Growth and Jobs, providing a coherent
framework for action at national, EU and euro area levels using all possible
levers, instruments and policies. They decided on action to be taken at the
level of the Member States, in particular expressing full commitment to achieving
the objectives of the Europe 2020 Strategy and to implementing the
country-specific recommendations.
(4)       On 6 July 2012, the
Council adopted a recommendation on Slovakia’s national reform programme for
2012 and delivered its opinion on Slovakia’s updated stability programme for
2011-2015.
(5)       On 28 November 2012, the
Commission adopted the Annual Growth Survey[5],
marking the start of the 2013 European Semester of economic policy
coordination. Also on 28 November 2012, the Commission, on the basis of
Regulation (EU) No 1176/2011, adopted the Alert Mechanism Report[6], in which it did not identify Slovakia as one of the Member States for which an in-depth review would be carried out.
(6)       On 14 March 2013, the
European Council endorsed the priorities for ensuring financial stability,
fiscal consolidation and action to foster growth. It underscored the need to
pursue differentiated, growth-friendly fiscal consolidation, to restore normal
lending conditions to the economy, to promote growth and competitiveness, to
tackle unemployment and the social consequences of the crisis, and to modernise
public administration.
(7)       On 24 April 2013, Slovakia submitted its 2013 national reform programme and on 30 April 2013 its 2013 stability
programme covering the period 2012-2016. In order to take account of their
interlinkages, the two programmes have been assessed at the same time.
(8)       Based on the assessment of
the 2013 stability programme pursuant to Council Regulation (EC) No 1466/97,
the Council is of the opinion that Slovakia has reduced the general government
deficit from 7.7% of GDP in 2010 to 4.3% of GDP in 2012 thanks to a substantial
consolidation effort and, based on current expectations, is on track to correct
the excessive deficit. The macroeconomic scenario underpinning the budgetary
projections in the programme is plausible. Compared to the Commission
forecasts, the authorities assume similar growth rates of GDP with a slightly
different composition. The objective of the budgetary strategy outlined in the
programme is to achieve a fiscal position that ensures long-term sustainability
of public finances. To achieve this, the government confirms the objective of
reducing the headline deficit below the 3% of GDP reference value in 2013, in
line with the Council recommendation under the Excessive Deficit Procedure. The
average annual fiscal effort in 2010-2013 amounts to 1.4% of GDP, well above
the required effort of 1% of GDP recommended by the Council. A large part of
the expenditure savings in 2013 is expected from the local governments and
other general government units over which the central government does not have
a direct influence. Achieving the target may therefore be at risk, also in
light of expenditure overruns recorded in the past. The programme confirms the
previous MTO of -0.5% to be achieved by 2018. The MTO is in line with the
requirements of the Stability and Growth Pact. For the years following the
expected date of correction of the excessive deficit the projected improvement
in the (recalculated) structural budget balance is appropriate in 2014 and 2015
(0.6 pps and 0.7 pps of GDP respectively) but it would be insufficient in 2016
(0.3 pps of GDP). Slovakia is expected to comply with the expenditure
benchmark. According to the programme, the government debt is foreseen to
remain below the 60% of GDP reference value in the Treaty until 2016. The
Commission's spring forecast projects an increase in the debt ratio to 54.6% of
GDP in 2013 and 56.7% of GDP in 2014.
In order to
ensure the sizeable reduction in the headline deficit since 2011, the
authorities have also relied on reductions in investment financed from the
general government budget, which may not be sustainable or desirable in a
medium to long-run perspective, as well as on one-off measures. Looking
forward, the on-going consolidation and convergence process will need to
safeguard expenditure on growth-enhancing categories, such as education,
innovation and transport infrastructure.
(9)       Slovakia has scope to
raise additional resources by broadening the tax base, limiting the scope for
tax non-compliance and evasion and by increasing recourse to taxes that are
less detrimental to growth, such as property taxation and environmental
taxation. An action plan to fight tax fraud, with a particular focus on VAT was
adopted in 2012. For the strategy to be successful, further measures are
needed, in particular to improve the IT infrastructure, broaden the competences
and audit capacity of the authorities and ensure judicial follow-up.
(10)     Slovakia adopted a pension
reform in 2012 to enhance the long-term sustainability of its public finances.
However, the long-term sustainability gap of 4.9% of GDP remains well above the
EU average of 3% of GDP. It largely reflects the impact of population ageing with
pension expenditure contributing 1.5 pps of GDP and health care spending 2 pps
of GDP. Given that Slovakia’s health-care expenditure is projected to increase
significantly in the long-term, the progress achieved in improving pension
sustainability will need to be allied with health-care reform in order to place
public finances on a sustainable footing. The introduction of effective
incentive structures and control mechanisms would help to improve cost
effectiveness of the health-care system.
(11)     Unemployment remains one of
the main challenges for the Slovak economy. In recent months, Slovakia has taken steps to reform active labour market policies. However, the success of
the reform will largely depend on the capacity of public employment services to
implement it effectively. Additional more targeted measures for the most disadvantaged
jobseekers are needed. The provision of social assistance should be better
linked to activation, and there is a need to remove disincentives in the
tax-benefit system for those taking up a low paid job. Increasing labour-market
participation of women and older people would help to increase the overall
employment rate and reach the 2020 national employment target of 72 %.
However, the lack of adequate child care facilities, in particular for children
under three, makes it more difficult for mothers to return on the labour
market.
(12)     Slovakia has one of the
highest youth unemployment rates in the EU. In spite of reform steps in 2012 to
improve the quality and labour-market relevance of education, school-to-job
transition remains difficult and the education system does not respond readily
to labour-market needs. Per capita funding of education favours quantity over
quality and the share of funding allocated to teaching activities (teachers,
material, and equipment) is low. Improving the quality of higher education and the
cooperation between businesses and education institutions would also help
developing a well-functioning knowledge triangle, greater effectiveness and
attractiveness of investment in R&D, and enhancing the innovation capacity
of the Slovak economy.
(13)     Under-utilised labour
potential also concerns marginalised communities that face significant barriers
when seeking to enter the labour market and the education system. However, no
effective action was taken in 2012 and the living conditions of marginalised
communities, including Roma, remain difficult. It is important to accelerate
efforts to improve educational outcomes of marginalised groups, as well as to
ensure provision of targeted activation measures for adults.
(14)     Despite notable progress, Slovakia ranks fifth amongst the most energy-intensive Member States, partially explained
by having the greatest share of industry in its economy (25.9 % of GDP).
At the same time, electricity prices are relatively high, in particular for
small and medium sized industrial customers. Slovakia has made efforts in
recent years to partially liberalise the energy market but there is still scope
to improve the way the market functions; in particular through greater transparency
— including in setting network tariffs — and improving the economic
underpinning and predictability of the regulatory decisions. There is also
scope to improve security of supply and to set more ambitious targets for energy
efficiency.
(15)     In 2012, Slovakia launched a major reform of public administration to improve the client-orientation
of public services for citizens and businesses. However, at this stage the
reform does not apply to the central administration and its overall quality and
effectiveness. As there has been no progress in reforming the judicial system, judicial
proceedings remain lengthy, in particular in insolvency cases, and alternative
dispute resolution is not sufficiently used. Slovakia recently reformed its
public-procurement rules, also enhancing the independence of the Public
Procurement Office, experience in the implementation of the EU structural funds
suggests that the effective application of the public-procurement rules remains
a challenge.
(16)     In the context of the
European Semester, the Commission has carried out a comprehensive analysis of Slovakia’s economic policy. It has assessed the stability programme and national reform
programme. It has taken into account not only their relevance for sustainable
fiscal and socio-economic policy in Slovakia but also their compliance with EU
rules and guidance, given the need to reinforce the overall economic governance
of the European Union by providing EU-level input into future national
decisions. Its recommendations under the European Semester are
reflected in recommendations (1) to (6) below.
(17)     In the light of this
assessment, the Council has examined Slovakia’s stability programme, and its
opinion[7]
is reflected in particular in recommendation (1) and (2) below.
(18)     In the context of the
European Semester the Commission has also carried out an analysis of the
economic policy of the euro area as a whole. On this basis the Council has
issued specific recommendations addressed to the Member States whose currency
is the euro. Slovakia also should ensure the full and timely implementation of
these recommendations.
HEREBY RECOMMENDS that Slovakia should take action within the period 2013-2014 to:
1.           Implement as envisaged the
budget for the year 2013, so as to correct the excessive deficit in a
sustainable manner and achieve the fiscal effort specified in the Council
recommendations under EDP. After the correction of the excessive deficit,
pursue the structural adjustment effort that will enable Slovakia to reach the medium-term objective by 2017. Avoid cuts in growth enhancing
expenditure and step up efforts to improve the efficiency of public spending. Building
on the pension reform already adopted, further improve the long term
sustainability of public finance by reducing the financing gap in the public
pension system and increasing the cost-effectiveness of the health-care sector.

2.           Speed up the
implementation of the action plan to combat tax fraud and continue efforts to
improve VAT collection, in particular by strengthening the analytical and audit
capacity of the tax administration. Improve tax compliance. Link real-estate
taxation to the market value of property.
3.           Take measures to enhance
the capacity of public employment services to provide personalised services to
jobseekers and strengthen the link between activation measures and social
assistance. More effectively address long-term unemployment through activation
measures and tailored training. Enhance the provision of child-care facilities,
in particular for children below three years of age. Reduce the tax wedge for
low-paid workers and adapt the benefit system.
4.           Step up efforts to address
high youth unemployment, for example through a Youth Guarantee. Take steps to
attract young people to the teaching profession and raise educational outcomes.
In vocational education and training, reinforce the provision of work-based
learning in companies. In higher education, create more job-oriented bachelor
programmes. Foster effective knowledge transfer by promoting cooperation
between academia, research and the business sector. Step up efforts to improve
access to high-quality and inclusive pre-school and school education for marginalised
communities, including Roma.
5.           Step up efforts to make
the energy market function better; in particular, to increase the transparency
of the tariff-setting mechanism, enhance the accountability of the regulator.
Strengthen interconnections with neighbouring countries. Improve energy
efficiency in particular in the construction sector and in industry.
6.           Amend the Act on Civil
Service to strengthen the independence of the public
service. Improve the management of human resources in public administration.
Step up efforts to strengthen analytical capacities in key ministries, also
with a view to improving the absorption of EU funds. Implement measures to
improve the efficiency of the judicial system. Promote alternative dispute
resolution procedures and encourage their greater use.
Done at Brussels,
                                                                       For
the Council
                                                                       The
President
[1]               OJ L 209, 2.8.1997, p. 1.
[2]               COM(2013) 375 final.
[3]               P7_TA(2013)0052 and P7_TA(2013)0053.
[4]               Council Decision 2013/208/EU of 22 April 2013
[5]               COM(2012) 750 final.
[6]               COM(2012) 751 final.
[7]               Under Article 5(2) of Council Regulation (EC) No
1466/97.


title: Commission recommendation No 118/78/ECSC of 18 January 1978 imposing a provisional anti-dumping duty on certain galvanized steel sheets and plates originating in Poland and Spain

text:
24. 1 . 78                           Official Journal of the European Communities                             No L 19 /3
                            COMMISSION RECOMMENDATION No 118 / 78 / ECSC
                                                    of IS January 1978
               imposing a provisional anti-dumping duty on certain galvanized steel sheets
                                     and plates originating in Poland and Spain
THE COMMISSION OF THE EUROPEAN                                  Whereas, with regard to injury to the industry
COMMUNITIES,                                                    concerned, the evidence actually submitted to the
                                                                Commission shows that, on the one hand, imports
                                                                into the Community of the products increased
Having regard to the Treaty establishing the European           globally from 62 000 tonnes to 224 000 tonnes
Coal and Steel Community, and in particular Articles            between 1974 and 1977, imports originating in
74 and 86 thereof,                                              Poland and Spain having risen from 13 000 tonnes to
                                                                38 000 tonnes in the same period and that, as a result,
                                                                they have been able to acquire a market share of 8 %
Having regard to Commission recommendation                      in general and 2 to 3 % for imports originating in
77/329/ECSC on protection against dumping or the                Poland and Spain in the markets most particulary
granting of bounties or subsidies by countries which            concerned, that is Germany, UK, Belgium and Luxem
are not members of the European Coal and Steel                  burg, and that, on the other hand , the Community
Community ( ! ), as amended by recommendation No                steel industry is in a crisis situation characterized by a
3004/77/ECSC (2), and in particular Articles 15 and 19          reduction in the numbers employed from approxi
thereof,                                                        mately 780 000 to 720 000 between 1974 and 1977
                                                                and by short-time working and that, as a result, the
                                                                Community steel industry recorded serious losses in
Having heard the opinions expressed within the Advi            most of the firms concerned ;
sory Committee provided for by recommendation
77/329/ ECSC ,
Whereas the Commission has received a complaint,                Whereas the import prices of deliveries originating in
submitted in the name of the relevant Community                 Poland and Spain are lower than the already low
industry, setting out evidence as to the existence of           prices of the Community producers and thus accen
dumping of galvanized steel sheets and plates origi            tuate the depression of Community prices thereby
nating in Poland, Spain and certain other countries             threatening to cause material injury to the Commu
and material injury resulting therefrom ;                       nity industry or a major part of it ;
Whereas the Commission has published basis
prices (3) based on the lowest normal prices or costs of
production in the supplying countries where normal              Whereas immediate action was requested by a
                                                                Member State ;
conditions of competition prevail, including the costs
of transport, insurance and customs duties ;
Whereas the prices of imports into the Community of             Whereas, in the serious conditions being experienced
the products which are the subject of the complaint             by the Community steel industry, the interests of the
have been compared with these basis prices ;                    Community require immediate action ;
Whereas a preliminary examination of the matter
based on this comparison shows that these products
originating in Poland and Spain are offered for import          Whereas it is for the Commission , without prejudice
within the Community (the British market) at prices             to the results of the investigation opened in accor
lower than the basis prices and that dumping has                dance with Article     11   of recommendation 77/ 329/
taken place, the margin of which is constituted by this          ECSC, to decide promptly to apply provisional
undercutting ;                                                  measures consisting of the imposition of a provisional
                                                                anti-dumping duty on imports of the products
 •) OJ No L 114, 5 . 5 . 1977. p. 6.                            concerned originating in Poland and Spain, the rate of
(2) OJ No L 352, 31 . 12. 1977, p. 13 .
(3) cf. Communication from the Commission of 31                 which corresponds to the difference between the basis
    December 1977 concerning the basis prices of certain        price published by the Commission for this product
    steel products, OJ No L 353, 31 . 12. 1977, p. 1 .          and its price on importation into the Community,
 ---pagebreak--- No L 19 /4                         Official Journal of the European Communities                             24. 1 . 78
MAKES THE FOLLOWING RECOMMENDATION :                          tional upon the deposit of security for the amount of
                                                              the provisional duty.
                       Article 1
                                                                                Article 3
1 . A provisional anti-dumping duty is hereby
imposed on the following products originating in             This recommendation shall be notified to the Member
                                                             States .
Poland and Spain :
— galvanized sheets and plates of iron or steel,              It shall enter into force for each Member State on the
— Common Customs Tariff subheading 73.13 B IV                 date of its publication in the Official Journal of the
    c),                                                       European Communities.
— NIMEXE codes 73.13-68 and 73.13-72.                        Without prejudice to the provisions of Article 18 of
                                                              recommendation 77/329/ECSC, it shall apply until
2. The amount of this duty shall be equal to the              the entry into force of an Act of the Commission
amount by which the effective price (basic price plus         either adopting definitive measures or extending the
extras) established by contract, free frontier duty-paid,     provisional duty, and in any event for a maximum
is lower than the effective price (basic price plus           period of three months.
extras) published by the Commission for this product.
3 . The provisions in force for the collection of             Done at Brussels, 18 January 1978 .
customs duty shall apply to the collection of this duty.
                                                                                For the Commission
                       Article 2
                                                                                Wilhelm HAFERKAMP
The entry of the products described in Article 1 for
consumption within the Community shall be condi                                              Vice-President


Avis juridique important

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31994H0956

94/956/Euratom: Commission Recommendation of 21 December 1994 on the application of Euratom safeguards in Spain (Only the Spanish text is authentic)

Official Journal L 371 , 31/12/1994 P. 0018 - 0018

COMMISSION RECOMMENDATION of 21 December 1994 on the application of Euratom safeguards in Spain (Only the Spanish text is authentic) (94/956/Euratom)THE COMMISSION OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Article 83 (3) thereof,  Whereas, pursuant to the first paragraph of Article 78 of the Treaty, anyone setting up or operating an installation for the production, separation or other use of source materials or special fissile materials or for the processing of irradiated nuclear  fuels should declare to the Commission the basic technical characteristics of the installations, to the extent that knowledge of these characteristics is necessary for the attainment of the objectives of Euratom safeguards as set out in Article 77;  Whereas in June 1994 Spain made the Commission aware of the existence of a nuclear installation in Spain located at the Escuela Técnica Superior de Ingenieros Industriales de la Universidad Politécnica de Madrid (hereinafter referred to as 'ETSII')  which, since 1972, had consisted of a subcritical assembly with an associated stock of 3 622 kg of natural uranium;  Whereas this installation was not declared to the Commission upon Spain's accession to the European Communities on 1 January 1986 nor thereafter until its existence was made known in June 1994;  Whereas by Commission Decision 94/955/Euratom, of 21 December 1994, relating to a procedure pursuant to Article 83 of the Euratom Treaty (1), a warning has been imposed on ETSII as a sanction for the non-declaration of the installation;  Whereas the investigation carried out by the Commission revealed that during the period between January 1986 and June 1994 the installation had been known to the responsible national authorities, who had also issued the operating licence;  Whereas by virtue of the Treaty, Member States shall take all appropriate measures to ensure fulfilment of the obligations arising out of it, and in particular to ensure compliance in their territories with the obligations arising under Title Two,  Chapter VII;  Whereas in those circumstances, it is necessary to ensure that all nuclear installations on the territory of Spain are declared to the Commission in accordance with the provisions of the Treaty,  HEREBY RECOMMENDS:  1. Spain should adopt all necessary measures to ensure that all installations in Spain for the production, separation or other use of source materials or special fissile materials or for the processing of irradiated nuclear fuels are declared to the  Commission according to the provisions of the Treaty.  2. Spain should inform the Commission of the results of the measures undertaken within a period of three months.  This recommendation is addressed to the Kingdom of Spain.  Done at Brussels, 21 December 1994.  For the Commission Marcelino OREJA Member of the Commission  (1) See page 16 in this Official Journal.


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31975H0066

75/66/EEC: Commission Recommendation of 20 December 1974 to Member States concerning the protection of birds and their habitats

Official Journal L 021 , 28/01/1975 P. 0024 - 0025 Spanish special edition: Chapter 15 Volume 1 P. 0063  Portuguese special edition Chapter 15 Volume 1 P. 0063

COMMISSION RECOMMENDATION  of 20 December 1974  to Member States concerning the protection of birds and their habitats  (75/66/EEC)    1. Title II, Chapter 1, paragraph B.f of the second part of the Programme of Action of the European Communities on the Environment, approved by the Council on 22 November 1973 (1), calls for various action to protect the natural environment. Section f of this chapter provides, in particular, for specific action to be taken to protect birds and certain other animal species.       2. The main conclusions of a study on the various aspects of bird protection, carried out on behalf of the Commission by the "Zoologische Gesellschaft von 1858" of Frankfurt-on-Main under the direction of Professor Dr. Bernhard Grzimek in collaboration with the major international organizations concerned, may be summarized as follows:      (a) of the 408 species of wildbirds living in the Community, 125 are increasing their number whereas 221 species are on the decline, in some cases very rapidly.  The number of species which have become extinct in recent decades varies from one Member State to another : for example, 32 in Italy, 17 in Germany and six in Belgium. In the Community as a whole, the number of species threatened with extinction is 58. The corresponding figures for individual Member States are, in some cases, much higher than this;           (b) the main reasons for the high mortality rate among declining species of birds are:        - intensive capture by man (hunting, trapping, etc.) in some Member States and in the majority of non-Member States affected;               - loss of habitats due to various types of development (drainage schemes, ill-considered land-reallocation projects, urbanization, tourist developments, etc.);               - poisoning of their food and polluting of their environment;                          (c) given the important role played by birds in maintaining the ecological balance, the quality of the natural environment is seriously jeopardized by the excessive mortality rate of nearly half the autochthonous species in Europe. This situation is not confined to the territory of countries which give inadequate protection to birds, but also extends to the territory of other countries which constitute migration areas. This is therefore a typical trans-frontier and international environment problem and cannot be solved by isolated measures taken at national level;           (d) apart from the detrimental effect on the ecological balance, an excessive mortality rate of nearly half the bird species also produces marked adverse effects in a number of economic sectors, particularly agriculture and tourism, as well as in several scientific fields (ornithology, ethology, biology, ecology, sociology, etc.). On the other hand, the adverse consequences caused in some economic sectors by a reasonable restriction on the number of birds captured (in particular the sporting gun and ammunition industry and trade) should not be over-estimated;           (e) for many strata of European society birds are an important element in the quality of life and, for a large number of people, especially towndwellers, they are the main point of contact with nature. Public opinion is coming to consider migratory birds more and more as a common heritage and not as the exclusive property of the country where they may be at any given time.                  3. Protection of birds and of certain species of wild flora and fauna could be already significantly improved if all the Member States adhere to the International Convention for the Protection of Birds, adopted in Paris in October 1950, and to the Convention on the Conservation of Wetlands of International Importance especially as Waterfowl Habitat, adopted at Ramsar in February 1971.       4. The International Convention for the Protection of Birds, adopted in Paris in 1950, replaces and extends the Convention for the Protection of Birds useful to Agriculture concluded in 1902, again in Paris, by 12 European States. In contradistinction to the 1902 Convention, the 1950 one is basically motivated by ecological considerations, although Article 5 introduces an ethical arguement by making it an offence to inflict wanton suffering on birds. This Convention applies without exception to all wild birds. It aims in particular at providing  (1)OJ No C 112, 20.12.1973, p. 1.   strict protection for all species during reproduction and migration periods. Species threatened with extinction or which are of "particular interest" are given round-the-year protection. Exceptions to provisions of this Convention may be granted to acceding States in cases where some species through sheer numbers might be detrimental to agriculture. This Convention has been in force since 17 January 1963.       5. The Convention on Wetlands of International Importance especially as Waterfowl Habitat was adopted on 2 February 1971 by an international conference convened by the Iran Government in Ramsar. It will enter into force as soon as seven States notify it. Apart from the United Kingdom, four States, namely Finland, Iran, Switzerland and the Soviet Union have already deposited their instruments of ratification.  This Convention is generally regarded as being of vital importance for the protection of the ecological balance and an irreplaceable natural heritage ; in scope it goes far beyond the mere protection of waterfowl habitats.       6. The Commission, anxious to contribute to the protection and improvement of the environment and of the quality of life, and having regard to the Treaty establishing the European Economic Community, recommends Member States, if they have not already done so, to accede as quickly as possible to both of the abovementioned Conventions.         Done at Brussels, 20 December 1974.  For the Commission  The President  François-Xavier ORTOLI


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31970H0123

70/123/EEC: Commission Recommendation of 22 December 1969 to the Italian Republic on the adjustment of the State monopoly of a commercial character in lighter flints (Only the Italian text is authentic)

Official Journal L 031 , 09/02/1970 P. 0012 - 0013 Danish special edition: Series II Volume VI P. 0022  English special edition: Series II Volume VI P. 0022

COMMISSION RECOMMENDATION of 22 December 1969 to the Italian Republic on the adjustment of the State monopoly of a commercial character in lighter flints (Only the Italian text is authentic) (70/123/EEC) I    1. The Italian Government, by letter of 24 March 1959, informed the Commission of the European Economic Community that lighter flints are in Italy subject to a State monopoly of a commercial character within the meaning of Article 37 of the EEC Treaty.  Under that provision Member States are required progressively to adjust State monopolies of a commercial character so as to ensure that, when the transitional period has ended, no discrimination regarding the conditions under which goods are procured and marketed exists between nationals of Member States.       2. Royal Decree No 281 of 2 February 1922 had, inter alia, reserved to the State the right to import and sell lighter flints on Italian territory. Royal Decree No 105 of 26 February 1930, which reserved to the Consorzio Industrie Fiammiferi (CIF) the right to import and sell in Italy mechanical lighters, components and spare parts therefor, maintained the exclusive right of the State to import and sell, as well as to manufacture, lighter flints (Article 3). The State (Ministry of Finance) may directly exercise such exclusive rights to manufacture, import or sell, or may authorize bodies or individuals to exercise them. Italian consumption (approximately 3 metric tons a year) is at present entirely covered by imports from one Member State.  Sales of lighter flints must be made through the distribution network of the Amministrazione autonoma dei monopoli di Stato (AAMS) (Article 6 of Decree No 105).       3. Since 1958 the Italian Government has taken certain measures with a view to the adjustment of that monopoly : by Law No 1085 of 19 December 1958 and by Law No 825 of 13 July 1965 the principle of specifying the retail price components was adopted for lighter flints as for other products subject to a revenue-producing monopoly : for each price charged by the supplier of such products, the amount of the consumer tax and the amounts allowed to the AAMS for distribution costs and to retailers by way of rebate are fixed by law and published ; the total is the sale price to the public. Suppliers, by asking a particular delivery price, can thus determine the end-price at which their products will be sold.       4. The Commission is of the opinion that these measures are insufficient to attain the objective of Article 37.  Since the end of the transitional period is approaching, measures should now be adopted to bring to an end all discrimination between nationals of Member States regarding the conditions under which goods are procured and marketed.  Article 37, which comes under the Title relating to the free movement of goods and, more particularly, under the Chapter concerning the elimination of quantitative restrictions between Member States, aims at achieving by the end of the transitional period in respect of products subject to a State monopoly of a commercial character (or a like system), the same result as that achieved for other products by the application of Articles 30 to 34, that is to say the free movement of goods.  However, a different procedure was provided in order to achieve that result in the sectors covered by State monopolies. Their progressive adjustment was provided for partly in order to take account of the fact that in the view of the Member States concerned the products subject to a monopoly presented special problems and partly so that the elimination of quantitative restrictions and of measures having an equivalent effect in those sectors should not be without practical result. There were indeed grounds for fearing that the liberalization of trade in respect of the products subject to a monopoly would not take place if the monopolies, by virtue of their exclusive rights to import, export and market certain products, were to remain free to decide to what extent and under what conditions products from other Member States could be allowed on the domestic market (or conversely, to what extent domestic products could be exported to other Member States).  It is for that reason that Article 37 contains the provision designed "to ensure that when the transitional period has ended no discrimination regarding the conditions under  which goods are procured and marketed exists between the nationals of Member States".  It should be stressed that the ending of discrimination resulting directly from provisions applicable to products subject to a monopoly is not the only requirement laid down in Article 37 ; that objective could be attained, in the absence of an Article governing State monopolies, by means of other provisions of the Treaty, in particular those prohibiting charges having an equivalent effect to customs duties and measures having an equivalent effect to quantitative restrictions. It follows from what has been said above in relation to the special characteristics of State monopolies and of the restrictions to which they can give rise that the objective of the "adjustment", i.e. of ensuring that "no discrimination exists", is to eliminate the possibility that the particular powers vested in the monopolies in respect of the importing and domestic marketing, or the exporting, of certain products might at the end of the transitional period still give rise to discrimination.  Since these are the objectives laid down in Article 37, it is incumbent upon Italy to adjust the monopoly in lighter flints before the end of the transitional period in order that the objectives may be attained. On the other hand, it is for the Commission, in addition to its general duty to see that the Treaty is implemented, to make recommendations, in accordance with Article 37 (6), as to the manner in which the adjustment provided for in that Article shall be carried out.  It may well be in this particular case - in view of the special characteristics of the product - that discrimination resulting from the exclusive importing and marketing rights of the AAMS may have only a minor effect, since lighter flints are accessory products, of very little value, consumption of which, even should there be a considerable development of the market for the main product, i.e. mechanical lighters, would remain very limited. It follows, in these circumstances, that there could be little advantage in setting up a production business and, as is the case in Italy, that it would be preferable by far to obtain the goods from foreign suppliers. For the same reasons, it is possible that suppliers would in any case prefer to avoid the expense of setting up a distribution network for the product in question and would find it convenient to make use of the AAMS network. One must, however, recognize that the choice should be left open to the suppliers concerned. In view of the foregoing the Commission considers that the best solution for attaining the objective laid down in Article 37, because there is no doubt it will be effective, is to abolish the exclusive rights of the AAMS to import and market lighter flints, in so far as those rights concern trade between Member States.       5. The monopoly in lighter flints has the character of a revenue-producing monopoly. Pursuant to Article 90 (2) of the EEC Treaty, undertakings having the character of a revenue-producing monopoly are subject to the rules contained in the Treaty, in particular the rules of competition, in so far as the application of such rules does not obstruct the performance of the particular tasks assigned to them. The development of trade must not be affected to such an extent as would be contrary to the interests of the Community.  The Commission is of the opinion that the revenue function of this monopoly does not justify the maintenance of quantitative restrictions on import and of restrictions in respect of marketing. Through the adoption in 1958 of a system of detailing the bases of retail prices, thereby establishing a direct and constant relationship between each selling price and each delivery price, the Italian Government had already taken away much of the significance of the monopoly's revenue function : since the amount of tax corresponding to a particular selling price is fixed in advance, the ability of the tax authorities to derive the maximum tax revenue from the sale of each product which is the main taxation objective has been correspondingly reduced. In the circumstances, it seems that the revenue function of the monopoly could be fulfilled simply be means of a consumer tax.   II  On these grounds the Commission of the European Communities recommends the Italian Republic to take the following measures, in accordance with Article 37 of the EEC Treaty:      1. To allow lighter flints to be imported from the Member States without any restriction. To that end, all formalities necessary for the introduction of these products on to the Italian market must be such as can be carried out directly by the buyers or persons appointed by them, so that the latter may immediately dispose of the products without the intervention of the AAMS.           2. To allow all operations necessary for the marketing of lighter flints from other Member States to be freely carried out on the Italian market. To that end, in particular:        - to allow suppliers from other Member States to set up their own wholesale trade network in Italy and to hold stocks there;               - to allow prices for products from the other Member States to be freely agreed between sellers and buyers at the different stages of marketing;               - to allow suppliers from other Member States to advertise their products freely:               - to take all measures necessary to ensure that retailers are commercially independent of the public authorities.                  Done at Brussels, 22 December 1969.  For the Commission  The President  Jean REY


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31995H0156

95/156/EC: Commission Recommendation of 8 March 1995 concerning a coordinated programme of inspections in 1995 to ensure compliance with maximum levels of pesticide residues in and on certain products of plant origin, including fruit and vegetables

Official Journal L 103 , 06/05/1995 P. 0038 - 0039

COMMISSION RECOMMENDATION  of 8 March 1995 concerning a coordinated programme of inspections in 1995 to ensure compliance with  maximum levels of pesticide residues in and on certain products of plant origin, including fruit  and vegetables (95/156/EC)THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to Council Directive 90/642/EEC of 27 November 1990 on the fixing of maximum levels  for pesticide residues in and on certain products of plant origin, including fruit and vegetables   (1), as last amended by Directive 94/30/EC  (2), and in particular Article 4 (3) thereof, Whereas Directive 90/642/EEC was amended by Directive 93/58/EEC  (3) providing for a first list of  maximum levels of pesticide residues as referred to in Article 1 (1) of Directive 90/642/EEC, to be  implemented by the Member States not later than 31 December 1993; whereas Article 4 (1) of  Directive 90/642/EEC requires Member States to draw up forward programmes laying down the nature  and frequency of the inspections to be carried out to ensure compliance with the established list  of maximum levels of pesticide residues; whereas the requirement of Article 4 (2) of Directive  90/642/EEC that Member States should send to the Commission by 1 August each year all the necessary  information on the implementation of their inspection programmes carried out during the previous  year cannot, however, usefully be implemented before 1 August 1995; Whereas Directive 90/642/EEC was amended by Directive 94/30/EC providing for a second list of  maximum levels of pesticide residues as referred to in Article 1 (1) of Directive 90/642/EEC, to be  implemented by the Member States not later than 30 June 1995; Whereas there is therefore insufficient information concerning the Member States' completed and  intended programmes of inspections available to the Commission; whereas it is nevertheless  necessary, in order to ensure compliance with the mandatory maximum levels of pesticide residues  and to contribute to the completion and operation of the internal market, to make basic  arrangements for a coordination of the inspections for pesticide residues to be carried out by the  Member States during 1995; whereas it would also be helpful for the establishment of future  coordinated recommendations for the Commission to be informed in advance of the Member States'  forward programmes for the monitoring of maximum levels of pesticide residues; Whereas the inspections and check sampling by Member States to ensure compliance with the maximum  levels of pesticide residue set out in the list referred to in Article 1 (1) of Directive  90/642/EEC should be carried out in accordance with the requirements of Commission Directive  79/700/EEC of 24 July 1979 establishing Community methods of sampling for the official control of  pesticide residues in and on fruit and vegetables  (4), Council Directive 85/591/EEC of 20 December  1985 concerning the introduction of Community methods of sampling and analysis for the monitoring  of foodstuffs intended for human consumption  (1) and Council Directive 89/397/EEC of 14 June 1989  on the official control of foodstuffs  (2), as last amended by Directive 93/99/EEC  (3); Whereas the Standing Committee for Plant Health has been consulted on the coordinated programme of  inspection planned for 1995, HEREBY RECOMMENDS THE MEMBER STATES TO: 1.  as a priority criterion, monitor products from a significant proportion of  the groups of products set out in Annex I to Directive 90/642/EEC; 2.  as a priority criterion, take a minimum number of samples, reflecting production, consumption  and importation into the Community of each product, regularly throughout 1995 or during the  marketing season of the product, with clearly recorded origin and stage of trade or marketing; 3.  as a priority criterion, analyse for residues of as many pesticides listed in Annex II to  Directive 90/642/EEC as is possible, bearing in mind the analytical methods employed; 4.  in enforcing the mandatory maximum residue levels, also, where appropriate, determine the level  of residue contained in each sample; 5.  send to the Commission as soon as possible details of their national monitoring plans for 1995  drawn up in conformity with Article 4 (1) of Directive 90/642/EEC; 6.  by 1 July 1995 if possible, but at the latest by 1 August 1995, send to the Commission all the  information as required by Article 4 (2) of Directive 90/642/EEC and, in particular, report the  results of the monitoring exercise 1994 using the model report forms; and 7.  by 1 September 1995, send to the Commission their intended national monitoring programme for  the year 1996. Done at Brussels, 8 March 1995. For the Commission Franz FISCHLER Member of the Commission


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31974H0501

74/501/EEC: Commission recommendation of 20 September 1974 to the French Republic concerning adjustment of the State monopoly of a commercial character in spirits 'vis-á-vis' the new Member States

Official Journal L 278 , 15/10/1974 P. 0016 - 0016

++++COMMISSION RECOMMENDATION  OF 20 SEPTEMBER 1974  TO THE FRENCH REPUBLIC CONCERNING ADJUSTMENT OF THE STATE MONOPOLY OF A COMMERCIAL CHARACTER IN SPIRITS  " VIS-A-VIS " THE NEW MEMBER STATES   ( 74/501/EEC )  I . BY NOTE DATED 14 FEBRUARY 1959 , THE GOVERNMENT OF THE FRENCH REPUBLIC INFORMED THE COMMISSION OF THE EUROPEAN ECONOMIC COMMUNITY THAT IN FRANCE ETHYL ALCOHOL AND ALSO POTABLE SPIRITS  ( EAUXDE-VIE ) ET BOISSONS SPIRITUEUESES ) SUBJECT TO A STATE MONOPOLY OF A COMMERCIAL CHARACTER WITHIN THE MEANING OF ARTICLE 37 OF THE EEC TREATY .  UNDER COUNCIL REGULATION NO 7 BIS OF 18 DECEMBER 1959 ( 1 ) , ETHYL ALCOHOL OBTAINED FROM AGRICULTURAL PRODUCTS , EXCLUDING POTABLE SPIRITS , WAS ADDED TO ANNEX II TO THE EEC TREATY . ON 6 MARCH 1972 THE COMMISSION SENT TO THE COUNCIL A PROPOSAL FOR A REGULATION ON THE COMMON ORGANIZATION OF THE MARKET IN THIS PRODUCT ( 2 ) .  TO AVOID PREJUDGING THE PROVISIONS TO BE ADAPTED , WHICH WILL CONCERN ETHYL ALCOHOL OF BOTH AGRICULTURAL AND NON-AGRICULTURAL ORIGIN , THIS RECOMMENDATION DEALS ONLY WITH POTABLE SPIRITS .  THERE ARE NO RESTRICTIONS ON THE IMPORTATION AND MARKETING OF POTABLE SPIRITS IN FRANCE . HOWEVER , SUCH PRODUCTS FROM , IN PARTICULAR , THE NEW MEMBER STATES ARE SUBJECT TO A SURCHARGE OF AN AMOUNT EXCEEDING THE CHARGE ON SIMILAR FRENCH PRODUCTS .  II . UNDER THE FIRST SUBPARAGRAPH OF ARTICLE 44 OF THE ACT CONCERNING THE CONDITIONS OF ACCESSION AND THE ADJUSTMENTS TO THE TREATIES , THE NEW MEMBER STATES ARE PROGRESSIVELY TO ADJUST THEIR STATE MONOPOLIES OF A COMMERCIAL CHARACTER WITHIN THE MEANING OF ARTICLE 37 ( 1 ) OF THE EEC TREATY , SO AS TO ENSURE THAT BY 31 DECEMBER 1977 NO DISCRIMINATION REGARDING THE CONDITIONS UNDER WHICH GOODS ARE PROCURED AND MARKETED EXISTS BETWEEN NATIONALS OF MEMBER STATES .  THE SECOND SUBPARAGRAPH OF ARTICLE 44 ( 1 ) PROVIDES THAT THE ORIGINAL MEMBER STATES ARE TO HAVE EQUIVALENT OBLIGATIONS IN RELATION TO THE NEW MEMBER STATES , WHILE ARTICLE 44 ( 2 ) REQUIRES THE COMMISSION TO MAKE RECOMMENDATIONS , FROM THE BEGINNING OF 1973 , AS TO THE MANNER IN WHICH AND THE TIME TABLE ACCORDING TO WHICH THE ADJUSTMENT PROVIDED FOR IN ARTICLE 44 MUST BE CARRIED OUT .  III . SINCE , IN THE NEW MEMBER STATES , THERE ARE NO MONOPOLIES OF A COMMERCIAL CHARACTER IN THIS PARTICULAR INDUSTRY , THERE IS NO NEED TO ADDRESS RECOMMENDATIONS TO THEM UNDER THE FIRST SUBPARAGRAPH OF ARTICLE 44 ( 1 ) . HOWEVER , THE COMMISSION CONSIDERS THAT THE ADJUSTMENT OF THE FRENCH MONOPOLY AS PROVIDED FOR IN THE SECOND SUBPARAGRAPH OF ARTICLE 44 ( 1 ) OF THE ACT CONCERNING THE CONDITIONS OF ACCESSION AND THE ADJUSTMENTS TO THE TREATIES SHOULD INCLUDE REMOVAL OF THE DISCRIMINATION WHICH CONSISTS OF APPLYING HEAVIER TAXATION ON POTABLE SPIRITS IMPORTED FROM THE NEW MEMBER STATES THAN ON SIMILAR NATIONAL PRODUCTS . IN ORDER TO RESPECT THE PRINCIPLE THAT THE MONOPOLY SHOULD BE ADJUSTED PROGRESSIVELY - FOR IT ALSO CONCERNS ETHYL ALCOHOL , THE COMMISSION IS OF THE OPINION THAT THIS DISCRIMINATION SHOULD BE REMOVED NOT LATER THAN 31 DECEMBER 1975 .  IV . FOR THESE REASONS , AND WHILST RESERVING THE RIGHT TO TAKE SUCH FURTHER ACTION AS IT MAY SUBSEQUENTLY CONSIDER NECESSARY IN THE LIGHT OF THE RESULTS OBTAINED BY THE APPLICATION OF THIS RECOMMENDATION , THE COMMISSION RECOMMENDS THE FRENCH REPUBLIC , PURSUANT TO ARTICLE 44 ( 2 ) OF THE ACT CONCERNING THE CONDITIONS OF ACCESSION AND THE ADJUSTMENTS TO THE TREATIES , TO MODIFY THE REGULATIONS COVERING SPIRITS NOT LATER THAN 31 DECEMBER 1975 , SO THAT THE CHARGES LEVIED ON SPIRITS IMPORTED FROM THE NEW MEMBER STATES DO NOT EXCEED THOSE LEVIED ON COMPARABLE NATIONAL PRODUCTS .  DONE AT BRUSSELS , 20 SEPTEMBER 1974 .  FOR THE COMMISSION  THE PRESIDENT  FRANCOIS-XAVIER ORTOLI  ( 1 ) OJ NO 7 , 30 . 1 . 1961 , P . 71/61 .  ( 2 ) OJ NO C 43 , 29 . 4 . 1972 , P . 3 .


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52005SC0146

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 updated convergence programme of Slovakia, 2004-2007  /* SEC/2005/0146 final */

	Brussels, 2.2.2005SEC(2005) 146 finalRecommendation for aCOUNCIL OPINIONin accordance with the third paragraph of Art. 9 of Council Regulation (EC) No 1466/97 of 7 July 1997 On the updated convergence programme of Slovakia, 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. In 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 Member States that joined the EU on 1 May 2004 do not participate in the single currency, but are required to fulfil in due time the convergence criteria, including the one on the sustainability of the government financial position, in order to qualify for the adoption of the euro. In view of a general government deficit of 3.6% of GDP recorded in 2003, the Council decided that Slovakia was in excessive deficit on 5 July 2004 and recommended that the excessive deficit be corrected by 2007 at the latest, in line with the May 2004 convergence programme. In particular, Slovakia was recommended to implement with vigour the measures envisaged in that programme and to accelerate the fiscal adjustment if the implemented structural reforms result in higher growth than expected. In its Communication of 22 December 2004, the Commission concluded that the Slovak government had taken effective action regarding the measures envisaged to achieve the 2005 deficit target.The Member States which joined the EU on 1 May 2004 committed themselves to submitting their convergence programmes by 15 May 2004 and a first update thereof towards the end of 2004. The first convergence programme of Slovakia, covering the period 2004-2007, was submitted on 14 May 2004 and assessed by the Council on 5 July 2004. Slovakia submitted an update of its convergence programme on 30 November 2004. The Commission services have carried out a technical evaluation of this update, taking into account the results of the Commission services Autumn 2004 economic forecasts, and having regard to the code of conduct[2], the commonly agreed methodology for the estimation of potential output, the recommendations in the broad economic policy guidelines for the period 2003-2005 and the principles laid down in the Communication from the Commission to the Council and the European Parliament of 27 November 2002 on strengthening the coordination of budgetary policies[3]. This evaluation warrants the following assessment:-  Slovakia submitted its update of the convergence programme on 30 November 2004. The update covers the period 2004 to 2007 and, in addition, provides indicative projections until 2010. The document was adopted by the government. It is in line with the budget 2005, which the parliament passed on 9 December 2004, and the government’s multi-annual budgetary framework 2005-2007, which the parliament took into account. The programme is very well presented and complies with the data requirements of the revised “code of conduct on the content and format of stability and convergence programmes”[4].-  The update projects real GDP expansion at an average rate of 5% over the period 2004 to 2007 – with an expected slowdown to 4½% in 2005 (due to a falling external contribution) and an acceleration to almost 5½% in 2007 (when the external contribution is expected to rebound). Unemployment is predicted to fall only gradually from around 18½% in 2004 (in labour force survey terms) to 16½% in 2007. These developments are plausible and broadly confirmed by the Commission Autumn 2004 forecasts covering the period until 2006. A rapid fall of inflation to some 2½% in 2007 is only plausible if second-round effects from the high headline inflation in 2004 are strictly contained. The update anticipates the current account balance to become positive in 2007 (after a temporary deterioration to a deficit of almost 3% of GDP in 2005). Projected current account balances and planned fiscal deficits imply positive private net savings throughout the update horizon.-  Slovakia recently switched from implicit to explicit inflation targets but continues with a managed float of the exchange rate. The update confirms the authorities’ intention to join the euro area in 2009 and states that Slovakia is likely to enter ERM2 no later than in the first half of 2006. In 2004, the headline inflation of 7.5% reflected again mostly the impact of adjustments in regulated prices and indirect taxes. The spread towards the euro area of long-term interest rates has been hovering at or below 100 basis points. After some months of stabilisation in the wake of cuts in the policy interest rate, the exchange rate has recently started to appreciate again. Altogether, the koruna has gained almost 6% in 2004.-  The update aims at reducing the deficit to the 3% of GDP reference value in 2007, in line with the Council recommendation under Article 104 (7). The reduction of the headline and primary general government deficits is back-loaded: both are envisaged to stay basically constant at, respectively, around 3.8% and 1.5% of GDP until 2006 and their planned overall adjustment by 0.8 percentage points is postponed to 2007. Even net of the impact resulting from the introduction of a funded pension pillar at the beginning of 2005 (estimated at 0.4% of GDP in 2005 and some 1% of GDP in 2006 and 2007), most of the deficit reduction takes place in the last two years. Compared to the May 2004 programme, in which the adjustment was expenditure-based, the update plans a correction of the deficit through expenditure retrenchment and revenue increases. In spite of a more favourable macroeconomic scenario, the update broadly confirms the planned adjustment path of the previous programme and looks therefore less ambitious. Notwithstanding the considerable past consolidation achievements and the pension reform impact, accelerating the deficit reduction (in particular in 2005) becomes thus an even more important consideration. It would help the implementation of Slovakia’s euro adoption strategy, enhance fiscal credibility in an ERM2 context, foster counter-cyclicality, and could assist in stemming appreciation pressures. It would also pave the way to a structural budgetary position of close to balance or in surplus and to attain a sufficient safety margin against breaching the 3% of GDP Treaty reference value for the deficit criterion with normal macroeconomic fluctuations.-  The risks to the budgetary projections in the programme appear broadly balanced for the programme horizon as a whole. On the basis of the given macroeconomic assumptions, there seems to be an upside risk on the revenue side throughout the considered period. Balanced uncertainties exist with respect to the impact of the pension reform. The use of EU-funds (and of co-payments) is likely to be lower than budgeted in 2004 to 2006 as the absorption capacity still develops. However, it could exceed the budgeted amount in 2007 if sufficient catch-up in the implementation of postponed spending takes place. And finally, the parliamentary elections scheduled in 2006 lead to uncertainties, in particular on the extent to which further expenditure retrenchments will be implemented in 2007. The latter could fall short of or exceed the current plans. In view of this risk assessment, the budgetary stance in the programme seems sufficient to reduce the deficit to 3% of GDP by 2007, which is the end-year of the programme, but does not provide for any safety margin.-  The programme projects an increase of the debt-to-GDP ratio between 2004 and 2007 by 2½ percentage points to 45½%. The dynamics of the debt-to-GDP ratio reflect the back-loaded deficit reduction and are much less influenced by stock-flow adjustments and exceptional factors than in the past, although projected cash/accrual deviations and privatisation proceeds remain significant until 2006.-  The update focuses on recent structural reforms that improve the quality of public finances and are likely to enhance growth – similar to earlier far-reaching reforms (including major tax reforms), which already took effect in 2004. The recent reforms are basically a second tranche of healthcare reforms and the introduction of a funded pension pillar, both effective from the beginning of 2005.-  Slovakia presents some risks with regard to long-term sustainability of the public finances. These risks are importantly driven by the projected budgetary cost of an ageing population. Even assuming the achievement of the planned deficit reduction over the medium-term, long-term sustainability is not fully ensured, although the structural reform measures enacted and planned, in particular the pension and health reforms, contribute to the achievement of a sustainable position over the long term. Their full implementation is a key condition, in addition to the achievement of the planned budgetary consolidation path over the programme period.-  Overall, the economic policies outlined in the update are broadly consistent with the country-specific broad economic policy guidelines in the area of public finances. In particular, Slovakia is on track to correct its excessive deficit by the deadline set by the Council.-  In view of the above assessment and in light of the recommendations made by the Council under Article 104(7), it would be appropriate for Slovakia to (i) seize every opportunity for an accelerated deficit reduction, including through the use of better-than-expected revenues and of savings on the expenditure side, in particular in 2005; (ii) make the medium-term expenditure ceilings more binding; (iii) be vigilant that second-round effects from the high inflation in 2004 do not affect the inflation convergence path envisaged in the programme.Based on this assessment, the Commission has adopted the attached recommendation for a Council Opinion on the updated convergence programme of Slovakia and is forwarding it to the Council.Recommendation for aCOUNCIL OPINIONin accordance with the third paragraph of Art. 9 of Council Regulation (EC) No 1466/97 of 7 July 1997 On the updated convergence programme of Slovakia, 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[5], and in particular Article 9(3) thereof,Having regard to the recommendation of the Commission,After consulting the Economic and Financial Committee,HAS DELIVERED THIS OPINION:On [17 February 2005], the Council examined the updated convergence programme of Slovakia, which covers the period 2004 to 2007. The programme complies with the data requirements of the “code of conduct on the content and format of stability and convergence programmes”.The macro-economic scenario underlying the programme envisages an average real GDP growth rate of 5% – with an expected slowdown to 4½% in 2005 (due to a falling external contribution) and an acceleration to almost 5½% in 2007 (when the external contribution is expected to rebound). On the basis of currently available information, this scenario seems to reflect plausible growth assumptions. The programme’s projections for inflation appear on the low side and are only plausible if second-round effects from the high headline inflation in 2004 are strictly contained.On 5 July 2004, the Council decided that an excessive deficit existed in Slovakia and recommended that this be corrected by 2007. The programme update aims at reducing the deficit to the 3% of GDP reference value in 2007, in line with the Council recommendation under Article 104 (7). The reduction of the headline and primary general government deficits is back-loaded: both are envisaged to stay basically constant at, respectively, around 3.8% and 1.5% of GDP until 2006 and their planned overall adjustment by 0.8 percentage points is postponed to 2007. Even net of the impact resulting from the introduction of a funded pension pillar in 2005, most of the deficit reduction takes place in the last two years. Compared to the May 2004 programme, when the adjustment was expenditure-based, the update plans a correction of the deficit through expenditure retrenchment and revenue increases. In spite of a more favourable macroeconomic scenario, the update broadly confirms the planned adjustment path of the previous programme and looks therefore less ambitious. Notwithstanding the considerable past consolidation achievements and the pension reform impact, accelerating the deficit reduction, in particular in 2005, would help the implementation of Slovakia’s euro adoption strategy, enhance fiscal credibility in an ERM2 context, foster counter-cyclicality, and could assist in stemming appreciation pressures. It would also pave the way to a structural budgetary position of close to balance or in surplus and to attain a sufficient safety margin against breaching the 3% of GDP Treaty reference value for the deficit criterion with normal macroeconomic fluctuations.The risks to the budgetary projections in the programme appear broadly balanced for the programme horizon as a whole. On the basis of the given macroeconomic assumptions, there seems to be an upside risk on the revenue side throughout the considered period. Balanced uncertainties exist with respect to the impact of the pension reform. The use of EU-funds (and of co-payments) is likely to be lower than budgeted in 2004 to 2006 as the absorption capacity still develops. However, it could exceed the budgeted amount in 2007, if sufficient catch-up in the implementation of postponed spending takes place. And finally, the parliamentary elections scheduled in 2006 lead to uncertainties, in particular on the extent to which further expenditure retrenchments will be implemented in 2007. The latter could fall short or exceed the current target. In view of this risk assessment, the budgetary stance in the programme seems sufficient to reduce the deficit to 3% of GDP by 2007, which is the end-year of the programme, but does not provide for any safety margin.The debt ratio is estimated to have reached 43.0% of GDP in 2004, well below the 60% of GDP Treaty reference value. The programme projects the debt ratio to increase by 2½ percentage points over the programme period.Slovakia presents some risks with regard to long-term sustainability of the public finances. These risks are importantly driven by the projected budgetary costs of an ageing population. The structural reform measures enacted and planned, in particular the pension and health reforms, contribute to long-term sustainability. However, a full implementation of these measures is a key condition, in addition to the achievement of the planned budgetary consolidation path over the programme period.The economic policies outlined in the update are broadly consistent with the country-specific broad economic policy guidelines in the area of public finances. In particular, Slovakia is on track to correct its excessive deficit by the deadline set by the Council.* * *In view of the above assessment and in light of the recommendations made by the Council under Article 104(7), the Council is of the opinion that Slovakia should:(i) seize every opportunity for an accelerated deficit reduction, including through the use of better-than-expected revenues and of savings on the expenditure side, in particular in 2005.(ii) make the medium-term expenditure ceilings more binding.(iii) be vigilant that second-round effects from the high inflation in 2004 do not affect the inflation convergence path envisaged in the programme.Comparison of key macroeconomic and budgetary projections2004 | 2005 | 2006 | 2007 |Real GDP (% change) | CP Nov. 2004 | 5.0 | 4.5 | 5.1 | 5.4 |COM Oct.2004 | 4.9 | 4.5 | 5.2 | n.a. |CP May 2004 | 4.1 | 4.3 | 5.0 | 4.7 |HICP inflation (%) | CP Nov. 2004 | 7.8 | 3.3 | 2.8 | 2.5 |COM Oct.2004 | 7.7 | 3.9 | 3.0 | n.a. |CP May 2004 | 8.1 | 4.0 | 2.9 | 2.5 |General government balance (% of GDP) 1 | CP Nov. 2004 | -3.8 | -3.8 | -3.9 | -3.0 |COM Oct.2004 | -3.9 | -4.0 | -4.1 | n.a. |CP May 2004 | -4.0 | -3.9 | -3.9 | -3.0 |Primary balance (% of GDP) 1 | CP Nov. 2004 | -1.5 | -1.4 | -1.6 | -0.7 |COM Oct.2004 | -1.6 | -1.6 | -1.8 | n.a. |CP May 2004 | -1.4 | -1.1 | -1.2 | -0.4 |Government gross debt (% of GDP) | CP Nov. 2004 | 43.0 | 44.2 | 45.3 | 45.5 |COM Oct.2004 | 44.2 | 45.2 | 45.9 | n.a. |CP May 2004 | 45.1 | 46.4 | 46.1 | 45.5 |1 General government balance and primary balance include the revenue-decreasing and hence, ceteris paribus, deficit-increasing effect of the introduction of a funded pension pillar in 2005 (estimated at 0.4% of GDP in 2005; 1.0% of GDP in 2006; and 1.1% of GDP in 2007). Sources: Convergence programme (CP); Commission services autumn 2004 economic forecasts (COM). |[1] OJ L209, 2.8.1997. All the documents referred to in this text can be found at the following website:http://europa.eu.int/comm/economy_finance/about/activities/sgp/main_en.htm.[2] Revised Opinion of the Economic and Financial Committee on the content and format of stability and convergence programmes, endorsed by the ECOFIN Council on 10.7.2001.[3] COM(2002) 668 final, 27.11.2002.[4] The programme provides not only the required but, with a few exceptions, also the optional information indicated in the code. It furnishes a broad array of supplementary data, thus facilitating the analysis. While not hampering the assessment, there remain (relatively small) differences with the Statistical Office as regards the consolidated expenditure- and revenue-to-GDP ratios for 2003 and, furthermore, concerning the classification of components of general government consumption; notably social transfers in kind are not provided as separate category. The other optional data missing are the nominal effective exchange rates for the years 2006 and 2007. Furthermore, in part of the programme update, the general government primary balance is calculated on the basis of net interest payments.[5] OJ L209, 2.8.1997, p. 1. The documents referred to in this text can be found at the following website:http://europa.eu.int/comm/economy_finance/about/activities/sgp/main_en.htm.