Avis juridique important

|

32001H0064

Council Recommendation of 19 January 2001 on the implementation of Member States' employment policies

Official Journal L 022 , 24/01/2001 P. 0027 - 0037

Council Recommendationof 19 January 2001on the implementation of Member States' employment policies(2001/64/EC)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 128(4) thereof,Having regard to the 15 implementation reports for 2000 received from the Member States, comprising the implementation of the 1999 National Employment Action Plans and describing the adjustments made to the National Employment Action Plans to take account of the changes introduced by the 2000 guidelines,Having regard to the Council Recommendation of 14 February 2000 on the implementation of Member States' employment policies(1),Having regard to the Commission recommendation of 6 September 2000,Whereas:(1) The Council adopted the employment guidelines for 1998, 1999 and 2000 by, respectively, the Resolutions of 15 December 1997(2) and 22 February 1999(3), and by the Decision of 13 March 2000(4).(2) The Lisbon European Council on 23 and 24 March 2000 agreed on a comprehensive strategy towards employment, economic reform and social cohesion as part of the knowledge-based society, made a commitment to creating the conditions for full employment and stressed the importance of lifelong learning.(3) The Santa Maria da Feira European Council on 19 and 20 June 2000 highlighted the prominent role the social partners are called to play in modernising work organisation, promoting lifelong learning and increasing the employment rate, particularly amongst women.(4) The Council adopted the recommendation on the Broad Economic Policy Guidelines on 19 June 2000, and the Amsterdam European Council of 16 and 17 June 1997 agreed on a Resolution on a Stability and Growth Pact setting commitments by Member States.(5) The 2000 Joint Employment Report, prepared jointly with the Commission, describes the employment situation in the Community and examines the action taken by Member States in implementing their employment policy in line with the guidelines.(6) On 31 October 2000, the Employment Committee and the Economic Policy Committee jointly submitted an opinion on this Recommendation.(7) The Council considers it appropriate, in the light of the examination of the implementation of the Member States' employment policies, to make recommendations. They should be used sparingly, concentrate on priority issues and be based on sound and accurate analysis.(8) In complementing action undertaken by the Member States with a view to contributing towards the achievement of full employment, the competences of the Member States should be respected.(9) The Council acknowledges the significant efforts already undertaken by Member States with a view to implementing the Employment Guidelines and the Recommendation of 14 February 2000. In the assessment of the impact of these policies, the multi-annual perspective of the Employment Guidelines should be taken into account.(10) In addressing the employment guidelines, an overall strategic approach to the development and implementation of the employment policies in the Member States is called for.(11) The development and implementation of lifelong learning is crucial to the development of a competitive and dynamic knowledge-based society and requires the active commitment of all actors concerned, including public authorities, the social partners and individuals, with a relevant contribution from civil society.(12) To tackle youth unemployment, which is a long-standing problem in most Member States, all young people should have the opportunity to gain entry to the world of work before they have been unemployed for six months.(13) To prevent adult long-term unemployment, which affects roughly half of the unemployed in the European Union, all the adult unemployed should be offered a new start before they have been unemployed for twelve months.(14) It is important to reduce disincentives to employment embodied in the tax or benefit systems in order to ensure higher participation rates amongst women and older workers.(15) Improvements of the business environment and a better equipment of individuals for taking up entrepreneurial activities are needed to stimulate job creation by more and more dynamic enterprises.(16) Framework conditions need to be developed to tap the potential for employment growth in the services sector.(17) Sustained job creation calls for more employment-friendly taxation systems in which the currently high burden on labour is shifted to alternative sources of fiscal revenue, such as energy and the environment.(18) Local action for employment significantly contributes to the achievement of the objectives of the European Employment Strategy.(19) The establishment of partnerships at all appropriate levels is crucial for the modernisation of the organisation of work and the promotion of the adaptability of undertakings and their employees.(20) Gender gaps in the labour market, particularly affecting employment, unemployment and pay, as well as gender segregation across sectors and occupations, require comprehensive mainstreaming strategies and measures the better to reconcile work and family life,HEREBY ISSUES to the individual Member States the recommendations set out in the Annex.Done at Brussels, 19 January 2001.For the CouncilThe PresidentB. Ringholm(1) OJ L 52, 25.2.2000, p. 32.(2) OJ C 30, 28.1.1998, p. 1.(3) OJ C 69, 12.3.1999, p. 2.(4) OJ L 72, 21.3.2000, p. 15.ANNEXRECOMMENDATIONS TO THE INDIVIDUAL MEMBER STATESI. BELGIUMProblems in employment performanceThe Belgian labour market improved in 1999 with a particularly strong increase in the employment rate and a fall in the unemployment rate to below the EU average. However, employment growth slowed down and was below the EU average, and long-standing challenges are only gradually being met.- Inflows into long-term unemployment are high, as are stocks of long-term unemployed people, who accounted for 5,0 % of the labour force in 1999.- Participation in employment is low amongst older people (12 points below EU average) particularly those over 55, whose employment rate (24,7 %) is still the lowest in the Union.- The average tax burden on labour remains one of the highest in the EU.- Labour and skills shortages are emerging while regional disparities in unemployment remain considerable.After due analysis, it appears that more efforts are required in response to the employment guidelines and recommendations concerning: implementation of a preventive policy; revision of the tax-benefit system; better cooperation between labour market authorities; reduction of the tax burden on labour and the development of lifelong learning.Belgium should therefore:1. intensify its efforts to implement the new individual approach towards all unemployed young people, which aims to reach them before they have been unemployed for six months; take decisive steps to design, and start implementing, an appropriate early-intervention system for unemployed adults;2. continue to examine disincentives to labour market participation within the tax and benefit system, particularly those affecting older workers. Belgium should, in particular, closely monitor measures aiming at preventing the early withdrawal of workers from work and consider strengthening disincentive measures in that field;3. continue efforts to reinforce cooperation between the different labour market authorities in order to integrate and ensure co-ordination between multiple active measures;4. pursue further and closely monitor measures to reduce the tax burden on labour so as to encourage employees to take up a job and employers to recruit, and closely monitor the impact of the reduction of social security contributions;5. develop and implement a comprehensive lifelong learning strategy to prevent skills shortages and build a more solid foundation for the knowledge-based economy and society.II. DENMARKProblems in employment performanceThe labour market situation remains very favourable with the highest employment rates in the EU, both for men and women and one of the lowest unemployment rates. The key challenges for Denmark still lie in the need:- to expand the current labour force, notably by encouraging employees to remain active members of the workforce for longer and by reducing the number of people of working age on social benefits;- to achieve a greater balance between women and men across occupations.After due analysis, it appears that further efforts are required in response to the employment guidelines and recommendations concerning: reduction of the tax-burden on labour; encouragement for employees to remain active members of the work force for longer; integration of unemployed women and lessening the degree of gender segregation.Denmark should therefore:1. pursue further and closely monitor implementation of on-going reforms to reduce the overall fiscal pressure on labour, in particular, the tax burden on low incomes;2. increase incentives to take up, or remain in, employment and continue to monitor closely reform of early retirement and leave schemes in the light of the need to increase labour supply;3. continue efforts to develop a more substantial mainstreaming approach and a comprehensive strategy for reducing the current levels of occupational gender segregation in the labour market.III. GERMANYProblems in employment performanceAs the German economy continues to recover, the reversal in employment trends is becoming clearer, and unemployment has fallen further as the consequences of German unification continue to feed through. Amongst the key challenges still facing Germany's labour market are:- slow absorption of the job losses registered throughout most of the 1990s (-1,2 percentage points per year from 1991 to 1998); and large regional differences in unemployment rates, the new Länder being particularly badly affected;- persistently high long-term unemployment, accounting for 4,4 % of the labour force;- despite recent reforms, one of the highest overall tax burdens on labour in the EU;- the low proportion of people between 55 and 64 still in employment (about 37,8 %), which points to an additional unused employment potential, and the need for a more vigorous comprehensive lifelong learning policy to boost the employability of the labour force.After due analysis, it appears that more efforts are required in response to the employment guidelines and recommendations concerning: the tax burden on labour; preventive policies; the tax/benefit system, in particular for older workers; lifelong learning and equal opportunities.Germany should therefore:1. push ahead with full implementation of a preventive approach, focused on early action to meet individual needs and prevent people from becoming long-term unemployed. Progress towards common and national targets should be closely monitored;2. continue to examine obstacles and disincentives liable to discourage labour market participation amongst all groups, especially older workers. Changes in labour market participation rates amongst older workers should be monitored and further measures adopted to improve the employability of this group;3. tackle skills gaps in the labour market, through improvements in the framework conditions, including incentives, for continuous education, training and apprenticeship in partnership with the social partners, and through further developing a comprehensive strategy and qualitative as well as quantitative targets for lifelong learning. Measures are needed in schools and training establishments to ensure a better transition into modern jobs in the workplace;4. pursue further and monitor efforts to continue the reduction of the fiscal pressure on labour notably, on the basis of the recent tax reform 2000 and eco-tax reform, by reducing taxes and social security contributions. Labour costs should be reduced further also at the lowest end of the wage scale, while respecting the need for fiscal consolidation;5. pursue and strengthen the double-pronged approach coupling gender mainstreaming and specific measures for equal opportunities, paying particular attention to the impact of the tax and benefit system on women's employment, and taking action to reduce the gender pay gap.IV. GREECEProblems in employment performanceBy the end of 1999, Greece met the convergence criteria for joining the Economic and Monetary Union. However, Greece has one of the lowest employment rates (55,4 %) in the EU. Unemployment has increased in the last few years largely as a result of the growing labour force (women and immigrants) and of the continuous decline of employment in the agricultural sector, and it is still above the EU average. Long-term unemployment has also increased. This situation illustrates the following structural problems in the labour market:- youth, female and long-term unemployment rates remain high, above the EU average;- there is a wide gender gap both in employment and unemployment;- educational reforms include steps to develop lifelong learning, but there is no clear overall strategy, while education and vocational training systems need further improvement;- high administrative burdens hinder business growth, particularly in the start-up phase, and employment in services is still low, despite improvements in certain areas;- there is room for improvement in the use of new technologies and in the modernisation of work organisation.After due analysis, it appears that further efforts are required in response to the employment guidelines and recommendations concerning: the overall policy approach; prevention and activation; gender mainstreaming and increased female participation; education and training; the reduction of the administrative burden and the modernisation of work organisation.Greece should therefore:1. develop a strategic framework and a set of well structured policies for the implementation of the employment guidelines across the four pillars;2. take decisive and coherent action to prevent young and adult unemployed people from drifting into long-term unemployment, in compliance with guidelines 1 and 2, through developing existing plans for the swift reform of public employment services; the statistical system must be upgraded, so that policy indicators on prevention and activation are available in good time and progress can be effectively monitored;3. examine the possibility of reducing taxes on labour and/or earned income, in order to raise the employment rate. Greece should also encourage, within a gender mainstreaming approach, greater participation of women in the labour market;4. adopt a comprehensive strategy on lifelong learning, including the setting of targets, and further improve education and vocational training systems in order to enhance the skills of the labour force; and give more support for continuous training, in particular by involving social partners more actively;5. adopt and implement a coherent strategy aimed at significantly reducing the administrative burden involved in setting up a new business, in order to stimulate entrepreneurship and fully exploit the job creation potential of the service sector;6. strengthen a partnership approach and promote concrete commitments by the social partners at all appropriate levels on the modernisation of work organisation, with the aim of making undertakings more productive and competitive while achieving the required balance between flexibility and security.V. SPAINProblems in employment performanceSpain has been experiencing positive economic and employment growth over recent years, but serious challenges remain.- The employment rate, though on the rise, is among the lowest in the EU. Unemployment is still high, at 15,9 %, despite a significant decline since 1996. Long-term unemployment has also declined, but women and older workers remain particularly badly affected by unemployment.- The percentage of temporary employment is high; most of these temporary jobs are of short duration and tend to be done predominantly by women and young people.- Regional disparities are wide, while geographical mobility is very low.- Although the female employment rate has been increasing, it is still the lowest in the EU (37,6 %). At 30,3 %, the employment gender gap is the widest in the EU. Unemployment amongst women is running at 23,1 %.- Less than 35 % of the population aged 25 to 64 have completed upper-secondary level education. Early school-leaving is widespread and participation in education and training during adulthood is particularly low. There is no comprehensive approach to lifelong learning.After due analysis, it appears that more efforts are required in response to the employment guidelines and recommendations concerning: prevention and activation policies; improvement of the statistical monitoring system; gender mainstreaming; lifelong learning; adaptability and tax and benefit systems.Spain should therefore:1. continue with modernisation of the Public Employment Services to improve its efficiency, and step up implementation of the preventive approach so as to cover all potential beneficiaries. Such efforts should include the completion of the statistical monitoring system in accordance with the National Action Plan and the Joint Employment Report;2. do more to support mainstreaming of equal opportunities in order to bring the female employment rate up towards the EU average, in a timeframe, given the extent of the problem, that adequately reflects the urgency of this objective;3. develop and implement a coherent strategy on lifelong learning which includes targets and encompasses initial and continuing education and training so as to increase the levels of educational attainment and participation of adults in education and training activities. Special attention should be given to the problem of early school leavers;4. pursue efforts, in partnership with the social partners, to adapt employment relations, including labour regulations, and to develop new forms of work organisation, by ensuring an appropriate balance between flexibility and security for the whole labour force;5. examine the incentives/disincentives emerging from the tax and benefit systems with a view to increase participation in the labour market and stable employment.VI. FRANCEProblems in employment performanceThe employment situation continues to improve. However, major structural problems remain.- Participation amongst the 55 to 64 age group remains well below the EU average (28,3 % against 35,9 %) and 1999 saw no change in the downward trend.- The fall in unemployment was modest and, at 11,3 %, the unemployment rate is still above the EU average of 10,8 %.- Taxes on labour are high.After due analysis, it appears that further efforts are required in response to the employment guidelines and recommendations concerning: older workers in active life; the reduction of fiscal pressure on labour; prevention and lifelong learning.France should therefore:1. strengthen efforts to curb older workers' early withdrawal from working life by developing a more comprehensive approach involving the social partners;2. pursue and evaluate policy measures designed to reduce the fiscal pressure on labour, particularly measures with an effect on unskilled and low-paid workers;3. continue with implementation of individualised and early intervention schemes for the unemployed, and make greater use of such schemes to prevent both youth and adult unemployment;4. pursue efforts to modernise work organisation and monitor closely the net effects of the implementation of the 35-hour week legislation; take steps to increase the efficiency of the continuous training system and to promote a comprehensive lifelong learning strategy;5. pursue the implementation of coherent strategies, encompassing regulatory, fiscal and other measures, designed to reduce the administrative burden on companies, and evaluate the impact of on-going efforts to create new job opportunities for young people.VII. IRELANDProblems in employment performanceIreland's economic and employment performance has been exceptional. In 1999, the employment rate overtook the EU average. Furthermore, the unemployment rate has continued to fall for all groups. These developments indicate a further tightening of the labour market. Some structural problems still exist however.- As is the case for some other Member States, avoiding labour market shortages and associated wage inflation pressures is a core problem for Ireland.- Although it has increased significantly, the participation rate for women remains below the EU average and the employment gender gap has only slightly improved between 1998 and 1999.- As a result of the growing labour market shortages, it is important for Ireland to invest in education and training for the unemployed and employed alike. It is one of the few countries which saw an increase in the percentage of unemployed people taking part in training. At the same time, the number of employed in training remains one of the lowest in the Union.After due analysis, it appears that further efforts are required in response to the employment guidelines and recommendations concerning: the participation of women in the labour market and the development of a strategy in relation to in-company training and lifelong learning.Ireland should therefore:1. push ahead with its comprehensive strategy aimed at increasing the proportion of women in employment, removing tax barriers and increasing child care places; and take action with the aim of reducing the gender pay gap;2. pursue and strengthen efforts to sustain productivity growth and upgrade skills and qualifications in the workforce, through increased emphasis on in-company training and the further development of lifelong learning, including the setting of targets.VIII. ITALYProblems in employment performanceEmployment increased during 1999, principally due to the adoption of fiscal incentives and flexible working arrangements. However, these improvements leave several structural problems of the Italian labour market still unsolved, particularly with reference to regional unbalances.- The low employment rate of 52,5 % is some 10 percentage points below the EU average. At 27,5 %, the employment rate for older people is still low.- The female employment rate rose more sharply than the male rate, yet, at 38,1 %, it remains among the lowest in the EU.- Unemployment fell to 11,3 % but remains 2 percentage points above the EU average. At 12,4 % the unemployment ratio amongst 15 to 24 year-olds remained almost 4 percentage points higher than the EU average. Long-term unemployment improved only marginally from 7,1 % of the labour force in 1998 to 6,9 % in 1999.- Wide gender gaps in employment - at roughly 30 percentage points - are characteristic of the labour market, particularly in the southern regions and female unemployment, at 15,6 %, is almost double the male unemployment rate of 8,7 %.- Regional disparities remain significant with an unemployment rate of about 6,5 % in the Centre-North and 22 % in the South.- 51,5 % of the workforce has completed upper secondary level education, compared with the EU average of 66 %, but only 6,1 % of adults were involved in education or training, compared to an EU average of 8,7 %.After due analysis, it appears that further efforts are required in response to the employment guidelines and recommendations concerning: the policy mix across the four pillars; tax and benefit systems; activation and prevention; gender mainstreaming and gender gaps and lifelong learning.Italy should therefore:1. continue to improve the balance in the policy mix across the four pillars, by further strengthening employability policies, pursuing the modernisation of work organisation, including the regulatory framework, developing a comprehensive strategy for equal opportunities and continuing gender mainstreaming efforts;2. continue the implementation of the reform of pension through the review planned for 2001 and review other benefit systems in order to reduce the outflow from the labour market and further continue efforts to reduce the tax burden, especially on low-paid workers;3. in the context of employability policies, take further action to prevent the inflow of young and adult unemployed people into long-term unemployment. Such action would include the full implementation of the PES reform across the country, speeding up the introduction of the Employment Information System and continuation of current efforts to upgrade the statistical monitoring system;4. pursue active labour market policies and implement specific measures to narrow the wide gender gaps in employment and unemployment, with the aim of providing women with more and better job opportunities;5. adopt and implement a coherent strategy on lifelong learning, including national targets; social partners should be more active in providing more training opportunities for the work force.IX. LUXEMBOURGProblems in employment performanceLuxembourg enjoyed good labour market conditions in 1999, supported by strong economic growth and the highest rise in the employment rate in the EU (4,8 percentage points). The unemployment rate continued to fall and remains the lowest in the EU (2,3 %). Some structural problems can be identified though.- The overall national employment rate is very low despite a very good employment situation with a large number of cross-border workers. The rates are especially low for workers over 55 (26,3 %) and for women (48,5 %), although both figures have risen since 1998.- The employment gender gap is one of the widest in the EU, at 25,9 percentage points.- The domestic supply of qualified people is insufficient.- The proportion of the adult working population taking part in continuous education and training is still low (5,3 %).After due analysis, it appears that further efforts are required in response to the employment guidelines and recommendations concerning: the social dialogue, participation of older workers and women in the labour market and lifelong learning.Luxembourg should therefore:1. encourage the social partners to foster a constructive dialogue, as this is indispensable for the success of the employment policies outlined in the National Action Plan;2. pursue efforts and implement measures aimed at increasing labour-market participation rates amongst older workers and women, including a review of tax and benefit systems; and take action to promote gender mainstreaming;3. continue with implementation of the framework law on continuous vocational training and work on policy development and implementation, including the setting of targets, so as to increase the participation rates in education and training.X. THE NETHERLANDSProblems in employment performanceThe Netherlands enjoyed healthy employment growth in 1999 and employment rates are clearly above the EU average. The unemployment rate continued to fall in 1999, to 3,3 %, below the EU average. There are still some structural problems however.- Although long-term unemployment is falling, there are persistent problems with specific groups, especially low-skilled workers, older workers and ethnic minorities.- Large numbers of working-age people are kept out of the labour market by disability and other welfare benefits.- Labour market shortages and associated wage inflation pressures are emerging.After due analysis, it appears that further efforts are required in response to the employment guidelines and recommendations concerning: the tax and benefit systems and the statistical monitoring system.The Netherlands should therefore:1. continue to cooperate with the social partners, to reduce disincentives in the benefit system liable to discourage people from participating in the open labour market, in particular people receiving disability benefits, and generate poverty traps;2. continue to upgrade the statistical system so that policy and output indicators are available early enough to be used for monitoring and evaluating on-going implementation of the preventive approach.XI. AUSTRIAProblems in employment performanceThe Austrian labour market's performance improved last year, when the overall employment rate reached 68,2 % (59,7 % for women). That figure is close to the 70 % target established by the Lisbon European Council and well above the EU average. Overall unemployment was reduced to 3,8 % in 1999, and together with youth and long-term unemployment is among the lowest in the EU. Despite the overall good performance, structural problems remain in the labour market.- The overall tax burden is above average and fiscal pressure on labour increased in the period from 1994 to 1998. The forecast reduction in non-wage labour costs of around 0,4 percentage points of GDP by 2003 is a first step forward.- There is still a significant gender gap in both employment and unemployment, despite the fact that the employment rate for women is higher than the EU average.- The employment rate for older workers is below the EU average figure and unemployment amongst the over-50s remains high.After due analysis, it appears that more efforts are required in response to the employment guidelines and recommendations concerning: older workers' employability, gender mainstreaming and taxation on labour.Austria should therefore:1. do more to reduce significantly the heavy tax burden on labour, in particular by focusing on groups who face problems in the labour market;2. pursue a comprehensive strategy to narrow the still significant gender gap in employment, for instance through measures that help reduce the pay gap and facilitate the reconciliation of work and family life;3. continue its efforts to reform early retirement schemes and other measures for older people to stay in work longer so as to achieve a significant rise in the employment rate of older workers.XII. PORTUGALProblems in employment performanceThe employment situation further improved in 1999, confirming the previous year's positive trend. Unemployment is among the lowest in the EU, and long-term unemployment has fallen fast. However, the labour market suffers from structural weaknesses which require action:- the average skill level in the work force is low. Only 21,2 % have completed at least upper-secondary education compared to the EU average of 66 %. At 3,6 %, participation in education and training is also below the EU average of 8,7 % and 45 % of young people aged 18 to 24 left school early;- the potential for creating jobs in services is considerable, as can be seen from the service-sector employment rate of 36,2 %, and it is necessary to pursue a coherent strategy to foster entrepreneurship;- a strong input from the social partners is needed to address the main challenges facing the Portuguese labour market, in particular the low skill level, the modernisation of work organisation and employment relations;- in a context of overall improvement of the situation of women in the labour market, a better gender balance is needed, especially in terms of sectors.After due analysis, it appears that more efforts are required in response to the employment guidelines and recommendations concerning: education and training; reduction of the administrative burden on companies; the partnership approach; gender segregation and access to childcare.Portugal should therefore:1. pursue the efforts to develop and implement a comprehensive lifelong learning strategy which also addresses the problems of early school leaving, sets clear objectives and devises appropriate means. Particular attention should be devoted to the quality of education and training in order to avoid skill shortages;2. pursue efforts to reduce the administrative burden on companies, to exploit the job creation potential of the service sector and to promote the creation of medium and highly skilled jobs in the services sector;3. pursue efforts to implement a partnership approach and promote concrete commitments from social partners, in particular in the areas of modernisation of work organisation, adaptation of employment relations, including labour regulations and continuous training;4. pursue efforts to reconcile family and working life by extending childcare facilities, and examine ways to promote gender balance at sectorial level.XIII. FINLANDProblems in employment performanceWhile Finland has maintained strong economic growth over the past five years, some major structural problems remain.- The overall unemployment rate is still high at 10,2 %, being predominantly structural. Youth unemployment and long-term unemployment for those over 50 years old remain a major concern.- Through recent initiatives, Finland has made progress in lightening the tax burden on labour. However it remains heavier than the EU-average.- Finland faces skills shortages in several sectors (both in high and low-skilled jobs) and there is a general need to mobilise the labour force by focusing on quality active labour market policies.- Regional disparities in employment remain considerable.After due analysis, it appears further efforts are required in response to the employment guidelines and recommendations concerning: tax and benefit schemes, the tax burden on labour and occupational and sectoral segregation in the labour market.Finland should therefore:1. continue to review existing tax and benefit schemes, in order to increase incentives to work and to recruit workers, and focus lifelong learning policies on older people, so as to retain them as active members of the workforce for longer;2. pursue further recent policy initiatives aimed at reducing the tax burden on labour, with due consideration for prevailing economic and employment conditions in Finland;3. monitor and assess, in the context of a gender mainstreaming approach, the current levels of occupational and sectoral segregation in the labour market.XIV. SWEDENProblems in employment performanceSweden has one of the highest employment rates in the EU. It has recently improved its job creation performance, reducing unemployment to 7,2 % in 1999. However, a number of structural problems remain in the labour market.- The tax burden on labour is still very heavy, especially for the relatively unskilled and low paid. Sweden continues to have the highest tax rates on employed labour in the EU - 52,7 % in 1998 compared to the EU average of 39,2 %.- A large number of people of working age are dependent on benefits.- Skill shortages, particularly at regional level, have become a factor hampering economic growth and regional development.- The current level of occupational and sectoral segregation between men and women remains an issue of concern, despite well developed equal opportunity policies.After due analysis, it appears that further efforts are required in response to the employment guidelines and recommendations concerning: the tax burden on labour, and gender mainstreaming.Sweden should therefore:1. do more, including the setting of targets taking into account the national situation to reduce the high tax burden on labour, in particular for those with a low take-home pay from work;2. pursue further policy initiatives to further adapt the benefit and assistance schemes, so as to provide adequate incentives to take up jobs;3. monitor and assess current levels of occupational and sectoral segregation in the labour market, as part of the gender mainstreaming reforms begun in 1999.XV. UNITED KINGDOMProblems in employment performanceThe United Kingdom enjoyed healthy employment growth in 1999, and the employment rates for men and women are clearly above the EU average. The unemployment rate continued to fall in 1999, to 6,1 %, below the EU average. Yet, important structural problems persist:- inflows into long-term unemployment amongst young people and adults (17 % and 11 % respectively) still exceed those of the best performing Member States;- although long-term unemployment is falling, there are still persistent problems concentrated in specific groups, especially within households with no one in work, amongst disadvantaged groups, and in a number of geographical areas. Inactivity among lone parents is still a problem;- some sectors, particularly information technology, suffer from a skills gap. The low level of basic skills is a generalised problem in the United Kingdom;- though diminishing, the gender pay gap remains high compared to the EU average. The gender gap in employment attributable to the impact of parenthood is also the highest in the EU, suggesting a need for sufficient and affordable childcare;- the current levels of occupational and sectoral segregation between men and women are higher than the EU average.After due analysis, it appears that further efforts are required in response to the employment guidelines and recommendations concerning: adaptability, the gender pay gap, childcare provision, a preventive strategy for the unemployed and lifelong learning.The United Kingdom should therefore:1. improve the balance of policy implementation of the Guidelines, so as to strengthen and make more visible efforts to modernise work organisation, in particular by fostering social partnership at all appropriate levels;2. pursue efforts to reduce the gender pay gap and take action to improve childcare provision, with a view to making it easier for men and women with parental responsibilities to take employment. Special attention should be given to the needs of lone parents;3. reinforce active labour market policies for the adult unemployed before the 12 month point, so as to increase the number of people benefiting from active measures, and supplement the support provided by the Jobseekers' Allowance Regime;4. intensify efforts to implement initiatives on lifelong learning, particularly those aimed at increasing the general level of basic skills, demonstrating how access will be ensured for those groups traditionally reluctant to take up the opportunity, or unable to find suitable provision.


title: Recommendation for a COUNCIL REGULAIION (EEC) on the conclusion of the Additional Protocol to the Agreement between the European Economic Community and Malaysia on trade in textile products consequent on the accession of the Hellenic Republic to the Community (submitted to the Council by the Commission)

text:
ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (82) 172
Vol. 1982/0054
 ---pagebreak--- Disclaimer
Conformément au règlement (CEE, Euratom) n° 354/83 du Conseil du 1er février 1983
concernant l'ouverture au public des archives historiques de la Communauté économique
européenne et de la Communauté européenne de l'énergie atomique (JO L 43 du 15.2.1983,
p. 1), tel que modifié par le règlement (CE, Euratom) n° 1700/2003 du 22 septembre 2003
(JO L 243 du 27.9.2003, p. 1), ce dossier est ouvert au public. Le cas échéant, les documents
classifiés présents dans ce dossier ont été déclassifiés conformément à l'article 5 dudit
règlement.
In accordance with Council Regulation (EEC, Euratom) No 354/83 of 1 February 1983
concerning the opening to the public of the historical archives of the European Economic
Community and the European Atomic Energy Community (OJ L 43, 15.2.1983, p. 1), as
amended by Regulation (EC, Euratom) No 1700/2003 of 22 September 2003 (OJ L 243,
27.9.2003, p. 1), this file is open to the public. Where necessary, classified documents in this
file have been declassified in conformity with Article 5 of the aforementioned regulation.
In Übereinstimmung mit der Verordnung (EWG, Euratom) Nr. 354/83 des Rates vom 1.
Februar 1983 über die Freigabe der historischen Archive der Europäischen
Wirtschaftsgemeinschaft und der Europäischen Atomgemeinschaft (ABI. L 43 vom 15.2.1983,
S. 1), geändert durch die Verordnung (EG, Euratom) Nr. 1700/2003 vom 22. September 2003
(ABI. L 243 vom 27.9.2003, S. 1), ist diese Datei der Öffentlichkeit zugänglich. Soweit
erforderlich, wurden die Verschlusssachen in dieser Datei in Übereinstimmung mit Artikel 5
der genannten Verordnung freigegeben.
 ---pagebreak---                                                                      COM(82)172 final
     COMMISSION                                                      Brussels , 6 AprU 19g 2
        OF THE
EUROPEAN COMMUNITIES                                                 FOR OFFICIAL USE ONLY
    General Secretariat
                                            Recommendation for a
                                          COUNCIL REGULAIION ( EEC )
                     on the conclusion of the Additional Protocol to the Agreement
                          between the European Economic Community and Malaysia
                                on trade in textile products consequent on
                        the accession of the Hellenic Republic to the Community
                               ( submitted to the Council by the Commission )
       C0M(82 ) 172 final
 ---pagebreak---                     EXPLANATORY MEMORANDUM
Under the Act of Accession of Greece to the European Communities
( Article 123 ), it was agreed that the Community would negotiate
protocols of adaptation to the bilateral agreements on trade in
textile products between the Community and third countries .
By Decision of 1 August 1980 the Council authorised the Commission
to open negotiations with Malaysia to conclude an agreement on
such adaptation .
In accordance with that Council Decision and in consultation with
the Article 113 Committee , the Commission conducted negotiations with
Malaysia from 22.9.1980 to 17.12.1980 .
Following the negotiations , a draft Protocol was drawn up extending
the terms of the original bilateral agreement to trade between
Malaysia and the enlarged Community , thus ( inter alia )
- increasing the existing voluntary restraint levels on exports to the
   whole Community to new agreed levels ,
- extending the existing consultation procedures whereby new voluntary
   restraint measures may be introduced for categories of products not
   at present subject to limitation , where certain thresholds are
  exceeded , in respect of both the whole Community and Greece .
The Heads of Delegation initialled the text of the draft Protocol on
17.12.1980 having noted it correctly represented the results of the
negotiations .
The Protocol has already been implemented by Council Regulation ( EEC )
N° 3553 / 80 of 22 December 1980 ( 1 ) amending the existing regime
established by Regulation ( EEC ) N° 3059/ 78 of 21 December 1978 ( 2 ).
 ---pagebreak--- 5 . The Commission considers that the draft Protocol embodies an arrangement
     which is acceptable to the Community . It therefore recommends that the
                     I
     Council  :
     (i)    approve the Protocol by adopting the Regulation , the draft of
            which is annexed hereto ;
     ( ii ) pending approval of the Protocol , take the necessary decisions
            in connection with the signing thereof .
( 1 ) O.J. N® L 381 of 31.12.1980 , p. 1 .
( 2 ) O.J. N° L 365 of 27.12.1978 , p. 1 .
                                                              /
 ---pagebreak---                                         Official Journal of the European Communities                                 NoL
                                                                I
                                            (Acts whose publication k obligatory)
                                                     RECOMWANDATION
                                                            ι·
                                       COUNCIL REGULATION ( EEQ
                 on the conclusion of the Additional Protocol to the Agreement between the European
                 Economic Community and Malaysia
               on trade in textile products consequent on. the accession of the Helleni
                Republic to the Community .
                                                                     on trade in textile products ,
    THF. COUNCIL OF THE FUROPF.AN COMMUNITIES,                                consequent on the accession of the Hellenic
                                                                    Republic to the Community is hereby approved oil
                                                                    behalf of the Community.
| I Living regard to (he Treaty establishing the European
    loiiiomic Community, and in particular Article 113
    t hereof,
                                                                    The text of the Protocol it annexed to thia Regulation.
    Having regard to the recommendation from the
    Commission ,
    Whereas it i , necessary to approve the Additional
    Protocol to the Agreement between the European
    Economic Cin.munity and Malaysia                                                        Article 2
                                                                    The President of the Council shall give the notiticabon
 on trade in textile products to take                               provided for in Article 13 of the Additional Protocol (f).
 account of the accession of the Hellenic
 Republic to the Community/
    HAS ADOPTED THIS REGULATION:
                                                                                Article 3
                          Article 1
                                                                    This Regulation shall enter into force on the dajt1
    The Additional Protocol to the Agreement between the            following its publication in the Official Journal of thi
    European Economic Community and Malaysia                 .•     European Communities.
                 This Regulation shall be binding in its entirety and directly applicable in all Member States.
                 Done at Brussels.
                                                                                For the Council
                                                                   (f) The date of entry into force of the Protocol will be
                                                                       published in the Official Journal of the European
                                                                       Communities by the General Secretariat of the Council.
 ---pagebreak---    -   '       -                .              (
                                     ■         I      • •
           • *                   τ .           ί
■"                          • j1 ' ■         ' | . •-
     *   '                             *       <•
                 ■ - ·            ,ι       ν
                       -      ■ 1> .     |       ;
Additional Protocol to the Agreement between the
European Economic Community and Malaysia on trade
in textile products consequent on the accession *'
of the Hellenie Republic to the European Communities
                         l *7                     ^
                                                 M
 ---pagebreak--- THE COUNCIL OF THE EUROPEAN ECONOMIC COMMUNITY
of th ? one part , and                                ,
THE GOVERNMENT OF MALAYSIA  ~
of the other part ,
CONSIDERING the accession of the Hellenic Republic to the
European Communities on 1 January 1981
HAVING REGARD to the Agreement, between the European Econoaic
Community and Malaysia initialled on 21 December 1977 and
hereafter called the "Agreement ",
HAVE DECIDED to determine by common accord the adjustments and
transitional measures to the Agreement consequent on the
accession of the Hellenic Republic to the European Econoaic
Community
•nd TQ CONCLUDE THIS PROTOCOL :
                                       i
 ---pagebreak---  Article 1
 The text of . the Agreement as hereby 1 amended, Including its
 annexes*.        protocols and exchange of Notes forming an
 integral part thereofm shall be drawn up in Greek " and that text
 shall- be authentic in the same way as the original texts *
Article 2
The Agreement shall bf amended as follows :
T. The limits set out in Annex II shatl be increased to the
        quantities set out in the Annex hereto , and
2 . Article 6 paragraph. 2 shall be replaced J6y the following :
        "Where the Community finds , under the system of administrative
        control set up , th^t the level of imports of products in a .
        given category not listed in Annex II originating in Malaysia
        exceeds , in relation to 102 X of the preceding year 's total
        imports into the territories within which the Treaty establishing
     . the European Economic Community applied at 31 December 1980
        of products in that category , the following rates :
..    *                              ' '
   - - for categories of products in Group I ,      0,2 X ;
        – for categories of products in Group II , 1,2 X ;
          for categories of products in Group III , IV or V, 4 X.
        it may request the opening of consultations in accordance
        witfc the procedure described in Article 14 of tfns Agreement ,
        with a view to reaching agreement on an appropriate restraint
    " level for the products in such category ,"
 ---pagebreak---                              - 4 -
  3 . Article 6 , paragraph 6 of the Agreement shall be replaced
        by , the following :
     ■ " In accordance with the procedures set our In the provisions
    ; of paragraphs 2 and 4- of Article 6 of the Agreement , a
   . quantitative limit may be fixed on » regional basis where
       .imports of a given product into any region of fhe Community
       exceed, irt relation to the amounts calculated by the fraction
       100 / 102 ( one hundred divided by one hundred and two ) of the
       amounts/ determined in accordance with paragraph Z of the said
       Article 6 the following regional percentages :
                            Germany        28,5  *
                            Bénélux        10,5  X
                             France ;      18,5  X
                             Italy         15    X
                            Denmark         3    X
                            Ireland         1    X
                            U.K.         « 23,5 X
                            Greece          2.   X
 4 . For the purpose of calculating "the preceding year 's total
       imports " referred to in 2 .           above both oif 1980 and ( 1981 ,
       imports from the Hellenic Republic shall be thpse recorded in 1980 .
 ArtrcLe 3
-The Annex to : this Protocol forms an integral part thereof . This
 Protocol forms an integral part o? the Agreement *.
 Article 4-                     >•
 This Protocol, shalt be approved by the contracting Partie ? in
 accordance with their own procedures . It shall enter into force
 on 1st January ^ 981 , provided that the contracting Parties have
 notified each other before that date that the procedures necessary
                     \
 to this end have been completed . After this date the Protocol shall
 enter into force on the first day of the second month following
 such notification .                                ' -                   ,
                                                             • • • /•
                                                                          M.
 ---pagebreak--- Article 5
This Protocol is drawn up i n duplicate , in the Danish , Dutch ,
English , French , German , Greek , Italian and Sahasa Malaysia
languages , each of those texts being equally authentic .
                                                               Ll
 ---pagebreak---                                                         ANNEX
  Ciimi»T                                                                          Ihar        ■   T«        bnw
                                                          · ./                                             - uc
                                                                                I .
                                                                                «
      2           Corroa fabrica                                 ■ '             Toooea
                                                                                i'
                                                                                . f
     y
                                                                                I
                                                                                ! ' . 4      1981    3665.' "
                                                                                . 1982     3684-
            a i Of wtudu odwr Ama grey or bieadted
            "   ■  ·                          '
                                                                                1981   ' 778
                                                                                1982      783
                                                                                *
                                                                      , .►
     3            Fabria οέ áaeonomjou· «ypdwac fib«»                            Tooam
   '·
          «                                                                                /
                                                                                19*1   4202 '
        1                                                                                1982 ' 4266
            3 Î Oí «bek: «her due jwy or Mochad                      s
                                                                               1
                                                       -       ·
                                                    •
                                                                                1981   1491
                                                                                *    1982   1514
                                                             #
'   4-        . Kntted llura, Bogico, T-thiro, twcMcr-«hira                  1 000 pieos
                                                                                1981    4598
                                                                                1982    4737
    5          jeneya, puilowera                                             1 000 pien·
                                                                                1981    1974
                                                                                1982   2054
    i          Men'· and women « woven croma· and tota'* iborc»             1 000 pieces
                                                                          t
                                                                                1981   3034
                                                                                1982   3126
               /
    7           Woeoca'· wove· and Imiqpd bloutq                             1 000 piece·
                                                                               1     '
                                                                                1981   1626
                                                                                1982   1651
 ---pagebreak---     C«i^n«T                                –                      ·                                                  ■    r«             boti«·
                                                                                uc
      't '   Μα'ι·ο««αι1ύα                                                                      1 000 picco
  \
                                                         ;:      ■/:            "                                        1981        . 3872
                                                                                1982          3912
             Λ .      -■               \                 :/ * .            ' >·- ; ' . w Κ-
                                                                                '   ·     ¡S
                                                                                1
                                                                                Ί .. '
                                                                                1 000 pteoa
     19 ~   Handkerchiefs :
            Β . Other :                                     . *.                            >                           1981 1        2367*
                 Handkerchiefs of woven fabric ,                                                                        1982          24Ó21     ·
               , of a v^Lue of not more than
                 T5 EUA / kg net weight
                              ...     '      _ *          .                               - .«    •                          •Γ
                   '   '          /                                               '
                                                                                φ
     22     Yam of diKxuìfinitQif «ymhct ic fibra» ao( for rctul uk                                 Toon»
S
                                                                                1981          3835
                                                                  .    ·
                                                                                1982          3951
                                                             •                          ·
                                                                                ■«
                                                    »
                                                                  » »    »          . –
                                ,                       ·    ·     ...                  _
                                                  •       * .              ·
                                                                                Ν
                          ■   '                      ' V                 '
                                                                                /  ·
                                                                                »
    2S      Women'» knitted oifhrwcaf                                  "                       lOOOpxca
                                                                                1981            319·
                                                                                1982            333
                                                                                t
                                                                                i
                                           *          '                        V
                                    .    '   *· ·                    Λ
                                                                                ί
                                                                                I
                                                                                ■          :■ L
 ---pagebreak--- MV 139/ 80
      i   ' The Mission of Malaysia t6 the European Communities
presents its compliments to the Directorate-General for ;     |. ;
 External Relations of the Commission of the European
Commijnities and has the honour to refer to the Agreement
        I                 .
between Malaysia and the Community on trade in textile
products initialled on 21 December 1977 , and to the Additional
Protocol to the Agreement consequent on the accession of the
Hellenic Republic to the Community initialled on 17 December
1980 .
                                        !   -
            The Mission of Malaysia wishes to inform the
Directorate-General that whilst awaiting the completion of
the necessary procedures for the conclusion and the coming
   »,
into force of the Additional Protocol , the Malaysian
Government is prepared to allow the provisions of the
   ;i
Additional Protocol t<J apply de facto from 1st January 1981
if the Community is disposed to do likewise .
            The Mission of Malaysia would like also to propose
that the present note and the Community 's note in reply shall
constitute an Agreement between the Malaysian Government and
the Community .
 ■          The Mission of Malaysia to the European Communities
avails itself of this opportunity to renew to the Directorate
 »
General for External Relations of the Commission of the
Europe em Communities the assurance of its highest       ideration .
                   ' i
                                       !! !
                                     ! li
                                              p              si
BRUSSELS
                                                          m
30 December 1980
Directorate-General for External Relations
Commission of the Eutopean Communities
Rue de la Loi 200 *
B 1049 Brussels *
 ---pagebreak---             OF THE                          i                                              >■■■!•»–a                        mw–mÊmmm      |
EUROPEAN COMMUNITIES                                      ,     •
    Oirtctoratø G«n«r«l før                                                                                •  1
      Cst*r*«J Rdatton«
                                                                                ■ ir
                                                                                ■i ,
    0 Q117 7                                               NOTÇ VERBALE ;
                                                                                • s
                                                                                <   i
                                  «•-< ?  ; "  , r ' •'      .                      '               • '      •           :
                         The Directorate-General for External Relations of the Commission of the
                         European Communities presents Its compliments to the Mission of Malaysia
                         to the European Communities and has the honour to refer to the Mission 's                                     { '■
                         note of 30 December 1980, n° MV / 139 / 80 , reading as follows :
          I .
                         " The Mission of Malaysia to the European Communities presents Its
                 -       compliments to the Directorate-General for External Relations of the
            *1 L
               k   i' Commission of the European Communities and has the honour to refer
                         to the Agreement between Malaysia and the Community on trade in textile
                        products initialled on 21 December 1977 , and to the Additional Protocol
                         to the Agreement consequent on the accession of the Hellenic Republic
                         to the Community Initialled on 17 December 1980 .
                         The Mission of Malaysia wishes to Inform the Directorate-General that
                        whilst awaiting the completion of the necessary procedures for the
                        conclusion and the coming Into force of the Additional Protocol , the
               4        Malaysian Government 1s prepared to allow the provisions of the
                        Additional Protocol to apply de facto from 1st January 1981 1f the
                        Community 1s disposed to do likewise .
                                                        ν                                                                »
                        The Missionof Malaysia would like « lso to propose that the present
                        note and the Community 's note In reply shall constitute an Agreement
                        between the Malaysian Government and the Community .
                        The Mission of Malaysia to the EC avails Itself of this opportunity
                        to renew to the Directorate-General for External Relations the assurance
                        of Its highest consideration ".                                                                                -
        .               The Directorate-General for External Relations has the honour to confirm
                        to the Mission , of Malaysia that It 1s agreed on the content of the
         i 5 '          foregoing note and considers therefore that the exchange of notes
                      ; constitutes an agreement between the Malaysian Government and the
                     , Community .
   » • ■ >           ;
        : i          V The Directorate-General for External Relations avails Itself of this                                          ,
                        opportunity to renew to the Mission of Malaysia to the European
                        Communities the assurance of Its highest consideration .
        f »
                                                                       • > * *,             -,   Brussels, p   j jtm
                                                                     i : V ; V                 i
              The Mission of the Federation of                    '
                                                                    • ,.- ν
                                                                          •
                                                                                . ·■;
                                                                              H \ •
                                                                                \        .ι
                                                                     ι          · .
              Malaysia to the European Communities
              rue Charles Lemalre, 1 - Boite S Parti Serty K : j
                                                                            ·*          :."*ι
              1160 - BRUXELLES .
                                                                            V !' If*?': -
                                                                            ■V' ■ * / '
                                                                             " ■      ι. ·
           Itm      KutMItUtMk                             >>« 00 40 / >»»«< » TllMrimii mw 1COM1WW
                                              tmh "iiincoMtwi"                                    !
                                                                                r»


Important legal notice

|

52007PC0216

Recommendation for a Council Decision concerning the accession of Bulgaria and Romania to the Convention of 18 December 1997, drawn up on the basis of Article K.3 of the treaty on European Union on mutual assistance and cooperation between customs administrations  /* COM/2007/0216 final - CNS 2007/0073 */

	[pic] | COMMISSION OF THE EUROPEAN COMMUNITIES |Brussels, 25.4.2007COM(2007) 216 final2007/0073 (CNS)Recommendation for aCOUNCIL DECISIONconcerning the accession of Bulgaria and Romania to the Convention of 18 December 1997, drawn up on the basis of Article K.3 of the treaty on European Union on mutual assistance and cooperation between customs administrations(presented by the Commission)EXPLANATORY MEMORANDUMThe 2005 Act of accession of Bulgaria and Romania[1] has introduced a simplified system for the accession of Bulgaria and Romania to the conventions (and protocols) concluded by the Member States on the basis of Art. 34 TEU (previously Art. K.3 TEU) or Art. 293 EC. It is indeed not anymore necessary, as in the past, to negotiate and conclude specific accession protocols to these conventions (which would have implied ratification by 27 States): Article 3(3) of the Act provides simply that Bulgaria and Romania accede to these conventions and protocols by virtue of the Act of Accession.Article 3(3) and 3(4) of the Act of Accession provide that, to that effect, the Council shall adopt a decision in order to determine the date on which these conventions shall enter into force for Bulgaria and Romania and to make all the necessary adjustments to these conventions required by reason of the accession of the two new Member States (which would include, in any event, the adoption of the conventions in the Bulgarian and Romanian languages, so that these versions can be "equally authentic"). The Council shall act on a recommendation of the Commission, after consulting the European Parliament.Annex I to the Act of Accession gives the list of the seven conventions and protocols concerned in the Justice and Home Affairs area.The list includes the Convention of 18 December 1997, drawn up on the basis of Article K.3 of the Treaty on European Union, on mutual assistance and cooperation between customs administrations.This Commission Recommendation for a Council Decision is intended to make the adjustments required by reason of the accession of Bulgaria and Romania to the aforementioned Convention, in accordance with Article 3(4) of the Act of Accession.2007/0073 (CNS)Recommendation for aCOUNCIL DECISIONconcerning the accession of Bulgaria and Romania to the Convention of 18 December 1997, drawn up on the basis of Article K.3 of the treaty on European Union on mutual assistance and cooperation between customs administrationsTHE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty on European Union,Having regard to the Treaty of Accession of Bulgaria and Romania,Having regard to the Act of Accession of Bulgaria and Romania (hereinafter referred to as the "Act of Accession"), and in particular Article 3 (4) thereof,Having regard to the recommendation from the Commission[2],Having regard to the opinion of the European Parliament[3],Whereas:1.  The Convention drawn up on the basis of Article K.3 of the Treaty on European Union, on mutual assistance and cooperation between customs administrations (hereinafter referred to as the “Convention on mutual assistance and cooperation between customs administrations”) was signed at Brussels on 18 December 1997 and shall enter into force 90 days after the notification by the State, Member of the European Union at the time of adoption by the Council of the Act drawing up this Convention, which is last to complete that formality.2.  According to Article 32.4 of the Convention on mutual assistance and cooperation between customs administrations, until this Convention enters into force, any Member State may, when giving the notification referred to in Article 32.2 of the Convention, or at any other later time, declare that as far as it is concerned this Convention, shall apply to its relations with Member States that have made the same declaration.3.  Following their accession to the European Union the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Poland, Slovenia and Slovakia have deposited their instruments of accession to the Convention on mutual assistance and cooperation between customs administrations.4.  Article 3 (3) of the Act of Accession provides that Bulgaria and Romania accede to the conventions and protocols concluded between the Member States, listed in Annex I to the Act of Accession, which comprises, inter alia , the Convention on mutual assistance and cooperation between customs administrations. They are to enter into force in relation to Bulgaria and Romania on the date determined by the Council.5.  In accordance with Article 3 (4) of the Act of Accession the Council is to make all adjustments required by reason of accession to those conventions and protocols,HAS DECIDED AS FOLLOWS:Article 11. The Convention on mutual assistance and cooperation between customs administrations is amended as follows:Article 31.1 on "Territorial application" is replaced by the following:" 1. This Convention shall apply to the territories of the Member States comprised in the customs territory of the Community ] as well as, for the Federal Republic of Germany, the Island of Heligoland and the territory of Büsingen (within the framework of and pursuant to the Treaty of 23 November 1964 between the Federal Republic of Germany and the Swiss Confederation on the inclusion of the commune of Büsingen am Hochrhein in the customs territory of the Swiss Confederation, or the current version thereof) and, for the Italian Republic, the municipalities of Livigno and Campione d’Italia, and to the territorial waters, the inland maritime waters and the airspace of the territories of the Member States.Article 2The Convention on mutual assistance and cooperation between customs administrations, as amended by this Decision shall enter into force for Bulgaria and Romania on the date of entry into force of the Convention, without prejudice to Article 32(4) of the Convention on mutual assistance and cooperation between customs administrations.Article 3The Convention on mutual assistance and cooperation between customs administrations, drawn up in the Bulgarian and Romanian languages and annexed to this Decision, shall be authentic under the same conditions as the other texts of the Convention on mutual assistance and cooperation between customs administrations.Article 4This Decision shall take ef fect on the day following that of its publication in the Official Journal of the European Union .Done at Brussels, […]For the CouncilThe PresidentANNEX Text of the Convention on mutual assistance and cooperation between customs administrations in the Bulgarian and Romanian languages.[1] OJ 21.6. 2005, L 157, p. 203.[2] OJ C […], […], p. […].[3] OJ C […], […], p. […].


Avis juridique important

|

32004H0163

Commission Recommendation of 17 February 2004 on the coordinated inspection programme in the field of animal nutrition for the year 2004 in accordance with Council Directive 95/53/EC (Text with EEA relevance)

Official Journal L 052 , 21/02/2004 P. 0070 - 0076

Commission Recommendationof 17 February 2004on the coordinated inspection programme in the field of animal nutrition for the year 2004 in accordance with Council Directive 95/53/EC(Text with EEA relevance)(2004/163/EC)THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Directive 95/53/EC of 25 October 1995 fixing the principles governing the organisation of official inspections in the field of animal nutrition(1), and in particular Article 22(3) thereof,Whereas:(1) Directive 95/53/EC provides for the Commission to submit an overall summary report on the results of inspections carried out at Community level. This overall summary report provides data on official controls based on the information reported by the Member States concerning the implementation of the inspection programmes for the year 2002.(2) In 2003 Member States identified certain issues as worthy of a coordinated inspection programme to be carried out in the year 2004.(3) Although Directive 2002/32/EC of the European Parliament and of the Council of 7 May 2002 on undesirable substances in animal feed(2) establishes maximum contents of aflatoxin B1 in feedingstuffs, there are no Community rules for other mycotoxins, such as ochratoxin A, zearalenone, deoxynivalenol and fumonisins. Gathering information on the presence of those mycotoxins through random sampling could provide useful data for an assessment of the situation with a view to the development of the legislation. Furthermore, certain feed materials such as cereals and oil seeds are particularly exposed to mycotoxin contamination because of harvesting, storage and transport conditions. As mycotoxin concentration varies from year to year, it is appropriate to collect data from consecutive years for all mycotoxins mentioned.(4) Previous checks for the presence of antibiotics and coccidiostats in certain feedingstuffs where those substances are not authorised indicate that this type of infringement still occurs. The frequency of such findings and the sensitivity of this matter justify the continuation of checks.(5) It is important to ensure that the restrictions on the use of feed materials of animal origin in feedingstuffs, as laid down in the relevant Community legislation, are effectively enforced.(6) The case of contamination of the feed and food chain with medroxyprogesterone acetate (MPA) highlighted the value of the selection of supplies in the safety of feedingstuffs. Some ingredients in feedingstuffs are by-products of agri-food industries, or of other industries, or of mineral extraction. The source of feed materials of industrial origin and the processing methods applied to them may be of particular significance in the safety of the products. Therefore the competent authorities should consider this aspect when carrying out their checks.(7) The measures provided for in this Recommendation are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,HEREBY RECOMMENDS:1. It is recommended that Member States carry out during the year 2004 a coordinated inspection programme aimed to check:(a) the concentration of mycotoxins (aflatoxin B1, ochratoxin A, zearalenone, deoxynivalenol and fumonisins) in feedingstuffs, indicating the methods of analysis; the method of sampling should comprise both random and targeted sampling; in the case of targeted sampling, the samples should be feed materials suspected of containing higher concentrations of mycotoxins, such as cereal grains, oil seeds, oil fruits, their products and by-products, and feed materials stored for a long time or transported by sea over a long distance; the results of the checks should be reported using the model set out in Annex I;(b) certain medicinal substances, whether or not authorised as feed additives for certain animal species and categories, in non-medicated pre-mixtures and compound feedingstuffs in which these medicinal substances are not authorised; the checks should target those medicinal substances in pre-mixtures and compound feedingstuffs if the competent authority considers that there is a greater probability of finding irregularities; the results should be reported using the model set out in Annex II;(c) the implementation of restrictions on the production and use of feed materials of animal origin, as set out in Annex III;(d) the procedures applied by manufacturers of compound feedingstuffs in order to select and assess their supplies of feed materials of industrial origin and to ensure the quality and safety of such ingredients, as set out in Annex IV.2. It is recommended that Member States include the results of the coordinated inspection programme provided for in paragraph 1 in a separate chapter in the annual report on inspection activities to be transmitted by 1 April 2005 in accordance with Article 22(2) of Directive 95/53/EC and the latest version of the harmonised reporting model.Done at Brussels, 17 February 2004.For the CommissionDavid ByrneMember of the Commission(1) OJ L 265, 8.11.1995, p. 17. Directive as last amended by Directive 2001/46/EC of the European Parliament and of the Council (OJ L 234, 1.9.2001, p. 55).(2) OJ L 140, 30.5.2002, p. 10. Directive as last amended by Commission Directive 2003/100/EC (OJ L 285, 1.11.2003, p. 33).ANNEX I>PIC FILE= "L_2004052EN.007102.TIF">The competent authority should also indicate:- the action taken when maximum levels for aflatoxin B1 are exceeded,- the methods of analysis used,- the limits of detection.ANNEX IIPresence of certain medicinal substances not authorised as feed additivesCertain antibiotics, coccidiostats and other medicinal substances may be legally present as additives in pre-mixtures and compound feedingstuffs for certain species and categories of animals, when authorised pursuant to Council Directive 70/524/EEC of 23 November 1970 concerning additives in feedingstuffs(1).The presence of unauthorised medicinal substances in feedingstuffs constitutes an infringement.The medicinal substances to be controlled should be chosen from the following:1. medicinal substances authorised as feed additives for certain animal species or categories only:avilamycin,decoquinate,diclazuril,flavophospholipol,halofuginone hydrobromide,lasalocid A sodium,maduramicin ammonium alpha,monensin sodium,narasin,narasin - nicarbazin,robenidine hydrochloride,salinomycin sodium,semduramicin sodium;2. medicinal substances no longer authorised as feed additives:amprolium,amprolium/ethopabate,arprinocid,avoparcin,carbadox,dimetridazole,dinitolmid,ipronidazol,meticlorpindol,meticlorpindol/methylbenzoquate,nicarbazin,nifursol,olaquindox,ronidazol,spiramycin,tetracyclines,tylosin phosphate,virginiamycin,zinc bacitracin,other antimicrobial substances;3. medicinal substances never authorised as feed additives:other substances.>PIC FILE= "L_2004052EN.007202.TIF">The competent authority should also indicate:- the total number of samples tested,- the names of the substances which have been investigated,- the methods of analysis used,- the limits of detection.(1) OJ L 270, 14.12.1970, p. 1.ANNEX IIIRestrictions on the production and use of feed materials of animal originWithout prejudice to Articles 3 to 13 and Article 15 of Directive 95/53/EC, Member States should, during 2004, undertake a coordinated inspection programme to determine whether restrictions on the production and use of feed materials of animal origin have been complied with.In particular, in order to ensure that the ban on feeding processed animal protein to certain animals, as laid down in Annex IV to Regulation (EC) No 999/2001 of the European Parliament and of the Council of 22 May 2001 laying down rules for the prevention, control and eradication of certain transmissible spongiform encephalopathies(1), are effectively applied, Member States should implement a specific control programme based on targeted controls. In accordance with Article 4 of Directive 95/53/EC, that control programme should be based on a risk-based strategy where all stages of production and all types of premises where feed is produced, handled and administered are included. Member States should pay special attention to the definition of criteria that can be related to a risk. The weighting given to each criterion should be proportional to the risk. The inspection frequency and the number of samples analysed in the premises should be in correlation to the sum of weightings allocated to those premises.The following indicative premises and criteria should be considered when drawing up a control programme:>TABLE>As an alternative to these indicative premises and criteria, Member States may forward their own risk assessment to the Commission before 31 March 2004, or 31 May 2004 for those Member States which joined on 1 May 2004.Sampling should be targeted on batches or events where cross-contamination with prohibited processed proteins is most likely (first batch after the transport of feedingstuffs containing animal protein prohibited in this batch, technical problems or changes in production lines, changes in storage bunkers or silos for bulk material).The minimum number of inspections per year in a Member State should be 10 per 100000 tonnes of compound feed produced. The minimum number of official samples per year in a Member State should be 20 per 100000 tonnes of compound feed produced. Pending the approval of alternative methods, microscopic identification and estimation as described in Commission Directive 98/88/EC of 13 November 1998 establishing guidelines for the microscopic identification and estimation of constituents of animal origin for the official control of feedingstuffs(2) should be used for analysing samples. Any presence of prohibited constituents of animal origin in feedingstuffs should be considered as a breach of the feed ban.The results of the inspection programmes should be communicated to the Commission using the following formats:>PIC FILE= "L_2004052EN.007501.TIF">>PIC FILE= "L_2004052EN.007601.TIF">In addition, Member States should analyse fats and vegetable oils intended for feedingstuffs for the presence of traces of bones and include the results of such analyses in the report referred to in paragraph 2 of this Recommendation.(1) OJ L 147, 31.5.2001, p. 1.(2) OJ L 318, 27.11.1998, p. 45.ANNEX IVProcedures for selection and assessment of supplies of feed materials of industrial originThe competent authorities should identify and shortly describe the procedures followed by manufacturers of compound feedingstuffs in order to select and assess supplies of feed materials of industrial origin. Some procedures may be related to the prior establishment of characteristics or requirements for the products to be supplied, or for the suppliers. Other procedures may be related to own checks for the verification of compliance with certain parameters, carried out by manufacturers of compound feedingstuffs at the reception of supplies.For each identified procedure (procedure for selection and assessment of supplies), the competent authorities should indicate the advantages and disadvantages of the application of the procedure in terms of feed safety. Finally they should assess whether, taking into account the potential risks, each procedure is acceptable, insufficient or unacceptable for ensuring the safety of feedingstuffs, stating the reasons leading to that conclusion.>PIC FILE= "L_2004052EN.007603.TIF">


title: Council Recommendation of  14 November 2005  on priority actions to increase cooperation in the field of archives in Europe

text:
               29.11.2005

               EN

               Official Journal of the European Union

               L 312/55

         COUNCIL RECOMMENDATION
   of 14 November 2005
   on priority actions to increase cooperation in the field of archives in Europe
   (2005/835/EC)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular the second indent of Article 151(5) thereof,
   Having regard to the proposal from the Commission,
   Whereas:

               (1)

               As a result of the Resolution of the Council and the Ministers of Culture meeting within the Council of 14 November 1991 on arrangements concerning archives (1), and the Council Conclusions of 17 June 1994 concerning greater cooperation in the field of archives (2), initial progress has been made towards greater cooperation between the Member States in the field of archives.

               (2)

               The Council Resolution of 6 May 2003 on archives in the Member States (3) stressed the importance of archives for the understanding of the history and culture of Europe and for the democratic functioning of society within the framework of the enlargement of the Union on 1 May 2004.

               (3)

               Multidisciplinary forums have been held within a Community framework on the problems involved in the management, storage, preservation and retrieval of machine-readable data, with the participation of public administrations and national archives services, as well as representatives of industry and research.

               (4)

               The Council Resolution of 6 May 2003 stressed the need for further development of information and communications technologies applications and solutions in the field of archives.

               (5)

               The Commission highlights the work done by the institutions of the Union in the specific field of film archives in Europe, including the Council Resolution of 24 November 2003 (4) on the deposit of cinematographic works in the European Union and the Recommendation of the European Parliament and of the Council on film heritage and the competitiveness of related industrial activities which will be adopted before the end of 2005.

               (6)

               In its Resolution of 6 May 2003 the Council also invited the Commission to submit a report on the current situation and future development of archives in the enlarged Union. The ‘Report on archives in the enlarged European Union’, which was drawn up by a group of experts from the Member States and adopted in February 2005 (5), is a sound basis for the further development of archives in Europe. It includes, at the Council’s request, proposals for practical actions and guidelines with a view to increasing cooperation at European level in the field of archives,

         HEREBY RECOMMENDS:

               A.

               A European Archives Group, comprising experts designated by the Member States and the institutions of the Union, should ensure cooperation and coordination on general matters relating to archives and follow-up of the work referred to in the ‘Report on archives in the enlarged European Union’ of February 2005, and in particular the priority measures referred to in point B of this Recommendation. Where and when appropriate, the European Archives Group should also cooperate with other relevant European networks such as the National Representatives Group on Digitisation and the European Bureau of Library, Information and Documentation (EBLIDA).

               B.

               The following measures in the field of archives:

                           1.

                           preservation of and prevention of damage to archives in Europe:

                                       —

                                       development of a model action plan by the European Archives Group to promote damage prevention measures for documents and archives in the context of natural catastrophes and other harmful incidents,

                                       —

                                       promotion by the European Archives Group of Community-wide actions for the preservation and restoration of damaged documents and archives,

                                       —

                                       establishment and promotion, by the national archives services of the Member States and the archives services of the institutions of the Union, of standards and specifications for the construction of new purpose built premises for archives;

                           2.

                           reinforcement of European interdisciplinary cooperation on electronic documents and archives to be further developed, including within the framework of the Council Work Plan for Culture, in particular regarding the coordination of digitalisation (6):

                                       —

                                       increase in cooperation on safeguarding the authenticity, long-term preservation and availability of electronic documents and archives, in particular by updating and extending the current requirements for setting up electronic document and archive management systems such as MoReq (Model requirements for electronic documents and archives management systems), which promote better public administration, and by continuing to organise DLM (7) forums on electronic documents and archives;

                           3.

                           establishment and maintenance of an Internet portal for documents and archives in Europe as a priority:

                                       —

                                       provision, through the national archives services of the Member States and the archives services of the institutions of the Union, of an Internet portal which would give easier and cross-border access to documents and archives of the Member States and institutions of the Union. That Internet portal could be hosted either on one of the European Union computer servers or by the national archives service of a Member State;

                           4.

                           promotion of best practice with regard to national and European law on the management of, and access to, documents and archives; the national archives services of the Member States and the archives services of the institutions of the Union should:

                                       —

                                       monitor new draft legislation in that field to be enacted in any of the Member States, with the aim of identifying best practices especially with regard to requirements for the management of and access to documents and archives,

                                       —

                                       link data on archival legislation and other related laws at national and Community level and facilitate consultation thereof by setting up a database in order to encourage dissemination of that legislation. That database could be hosted either on one of the European Union computer servers or by the national archives service of a Member State. It is advisable to take into account the work undertaken within the framework of the European legal data project, promoted by the European branch of the International Archives Council, EURBICA, as indicated in the ‘Report on Archives in the enlarged European Union’ (priority action 4.2);

                           5.

                           adoption of measures to prevent the theft of archival documents:

                                       —

                                       development of an action plan and common guidelines by the national archives services of the Member States that will allow for the exchange of information and best practices in order to combat the theft of archival documents and to facilitate the recovery of stolen documents.

               C.

               The Member States and the institutions of the Union should jointly promote the implementation of the priority measures identified in the ‘Report on archives in the enlarged European Union’ of February 2005 and referred to in point B of this Recommendation. The implementation of priority measures will take account of the work of the groups set up within the framework of the EBNA (European Board of National Archivists), notably with respect to cooperation in the fields of security and conservation of archives and putting into place a European information access portal. The adoption of this Recommendation and the implementation of these measures do not in themselves imply a commitment of new budgetary resources by either the European Union or the Member States. Where possible and in accordance with the relevant procedures, the European Union will endeavour, under existing programmes, to support projects aimed at the implementation of those measures.

               D.

               At the latest three years after the date of publication of this Recommendation, the European Archives Group should present a progress report on implementation of the priority measures referred to in point B.

      Done at Brussels, 14 November 2005.

            For the Council

            The President

         T. JOWELL

      (1)  OJ C 314, 5.12.1991, p. 2.

      (2)  OJ C 235, 23.8.1994, p. 3.

      (3)  OJ C 113, 13.5.2003, p. 2.

      (4)  OJ C 295, 5.12.2003, p. 5.

      (5)  COM(2005) 52 final.

      (6)  Council conclusions on the Work Plan for Culture 2005-2006 (doc. 13839/04).

      (7)  DLM = Document lifecycle management.


European Parliament recommendation to the Council on the future development of Europol and its automatic incorporation into the institutional system of the European Union