Avis juridique important

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31981H0629

81/629/EEC: Commission Recommendation of 22 July 1981 to the Government of the Kingdom of Belgium pursuant to Article 11 of Council Decision 74/120/EEC of 18 February 1974 (Only the French and Dutch texts are authentic)

Official Journal L 228 , 13/08/1981 P. 0029 - 0031

COMMISSION RECOMMENDATION of 22 July 1981 to the Government of the Kingdom of Belgium pursuant to Article 11 of Council Decision 74/120/EEC of 18 February 1974 (Only the Dutch and French texts are authentic) (81/629/EEC)  1. In recent years, the Community guidelines on economic policy for Belgium adopted by the Council of the European Communities have emphasized the need to correct the growing public finance and current balance of payment imbalances.  The Commission acknowledges the efforts made by the competent Belgian authorities in the past few years to improve the situation, but nevertheless finds that it has continued to deteriorate. In particular, the foreseeable gap, for 1981, between the budgetary guideline and the probable out-turn promises to be very wide. In this situation, the Commission, as authorized by Article 11 of Council Decision 74/120/EEC of 18 February 1974, is taking the initiative in sending a recommendation to the Government of the Kingdom of Belgium.   2. The poor economic and social record of the past five years contrasts sharply with the splendid results obtained up to then notably because of Belgium's membership of the Community. This enabled it to realize its rich potential in human resources to the full and to become a cornerstone of Europe through the development of a tight network of industrial and trading relations.   3. It is true that the structural crisis from which all the industrialized countries are suffering, plus the twofold increase in the price of petroleum products, are substantially to blame for the present difficulties. But in Belgium's case the situation has been aggravated by the extreme openness of its economy, which depends heavily for its prosperity on developing external markets and on its own competitive capacity.   4. While the sectoral and geographic pattern of these markets was shifting to its disadvantage, Belgium's production costs rose so high that the expansion of exports slowed down in relative terms, activity flagged in a number of industries and the level of employment fell. The sharpest rise in internal costs (mainly wage costs, tax and parafiscal charges) occurred in a period when the increase in import costs should have encouraged the opposite development. Real incomes increased at a faster rate than in the main competing countries, and this was reflected in an excessive expansion of private und public consumption, at a time when the deterioration in the terms of trade meant that real resources had to be transferred abroad.   5. The consequences of these developments gradually became apparent ; whereas the current account balance, traditionally in surplus, was still close to equilibrium until 1976, the current account deficit will probably be some 7 % of gross domestic product in 1981. In most of the Member States - as well as in the other industrialized countries - this figure is not much above 2 %.   6. This deficit is accompanied by - and partially linked to - a large negative balance for public finance.   For general government, net borrowing (1) will probably stand at 12 % of gross domestic product in 1981, compared with the Community average of close on 4 %. The mid-seventies unquestionably ushered in a period of slow growth holding down the rise in tax receipts, while, at the same time, costs associated with unemployment have soared. Public budgets were not restructured as necessary so as to offset the sluggishness of receipts and the almost obligatory increase in certain categories of expenditure by appropriate restrictions on other types of expenditure. Thus, although taxation and parafiscal charges were increased, pushing up the current resources of general government in the last decade from 35 % of gross domestic product in 1970 to some 45 % in 1980, net borrowing climbed from almost 1 % of GDP in the early seventies to some 9 % in 1980.  Certain crucial thresholds are now liable to be reached ; thus, some 70 % of the increase in central government current resources, in 1982, could well be absorbed solely by the increase in public debt interest charges, which are swollen not only by a series of budget deficits, but also by the steep rise in national and international interest rates. This, plus the danger of an increase in unemployment costs, entirely wipes out the margin for any other increase in public expenditure (including public service wages), unless either the public deficit in 1982 or the tax burden are again increased.   7. If it is correct to state, as in the studies carried out by the Banque Nationale de Belgique and the Bureau du Plan for example, that the Belgian economy requires radical restructuring of its sectors of activity, there is no doubt that the dangers looming on the horizon (if no corrective action is taken the imbalances will reach unmanageable proportions) must first be removed in the two crucial areas of public finance and the balance of payments. The recent analysis by the Conseil Supérieur des Finances, moreover, supports this view.   8. The Commission, therefore, feels that determined action along these lines must be taken without delay. The external situation is more favourable than in the recent past, since 1982 will probably see a recovery in world and Community economic activity.  But this forecast should not be used as a pretext for postponing the necessary action.   9. Before the most fundamental problem - unemployment (2), and particularly youth unemployment - can be solved, improved equilibria must be restored. Investment will have a central role in this strategy. Throughout the upheavals of recent years, Belgium has retained some telling advantages : a limited rate of inflation, the stability of its currency at home and abroad, and remarkable productivity gains. These solid foundations can and must provide the basis for recovery. The lines of action must be : to restore competitive capacity by holding down the level of internal costs ; to stimulate productivity by a deliberate policy of encouraging productive investment ; and lastly, to adapt more successfully to the new facts of international trade. As a result, Belgian exports and economic activity as a whole will again be able to develop at a pace which holds the promise of a reduction in unemployment.   10. It will be necessary to implement a rigorous policy.  On the budgetary side, a very large volume of expenditure will still be needed for employment. It will be appropriate, however, to examine whether the unemployment rules can be applied more selectively, to find more effective methods of using the funds available to reduce unemployment, and to combat abuses and undeclared work. Given the variety of contraints, no category of expenditure can escape examination. It will probably be advisable to examine the destination, in terms of socio-professional and income categories, of "social expenditure" (e.g. expenditure on education and health). The policy must also aim to distribute the cost of recovery fairly.  In the next few years, the growth of incomes will have to take account of the ground lost in terms of competitiveness, and the prospects of very slow growth in these same years. The indexation mechanisms must from this year on be made more flexible in line with the recommendation sent to the Member States on this subject. Although the merits of these mechanisms, as operated in Belgium, have been indisputable, they cannot be applied with the same rigidity if the above objectives are to be pursued.  (1) In national accounts terms, i.e. excluding in particular loans, advances and equities. The Belgian forecasts for the general government borrowing requirement, which includes these transactions, are at least 14 75 % of GDP in 1981. The central government borrowing requirement, corresponding to this definition, is projected to be at least 10 75 % of GDP. (2) An average of 11 % of the labour force could well be affected in 1981 (Statistical Office of the European Communities definition) ; this is the highest rate of any of the Community countries.    11. In view of these considerations, the Commission recommends the Government of the Kingdom of Belgium to take the following measures:  (a) on the budgetary side:  - to adopt the draft central government budget for 1982, ensuring that the current deficit of central government, including the special funds (Fonds des Routes, etc.) is limited to Bfrs 200 000 million, in cash terms ; the other authorities (semi-public institutions, local authorities and social security) would have to contribute their share to achieving this adjustment;   - to attain this objective primarily by holding down expenditure, in all categories, while seeking to improve the ratio of capital expenditure to current expenditure ; to this end, to propose the necessary laws and to adopt the necessary regulations ; to base the evaluation of current receipts for 1982 on a cautious forecast of the increase in the gross national product and then to allocate any additional increase to reducing the deficit;   - to programme public finance so that, from 1984, the borrowing requirement of central government, including the special funds, can be cut from at least 10 75 % in 1981 to the present average level in the Community, i.e. some 5 % of gross domestic product;   - to improve budgetary management by avoiding receipt allocation and debudgetization, and by centralizing information on general government budgetary operations ; to respect and perfect budgetary procedures by making it easier for budgets to be approved within the periods laid down by law, by ceasing to have new appropriations approved by Cabinet discussion and by avoiding the tabling of large supplementary budgets;   - to ensure that the budgetary costs of all new initiatives are financed out of taxation;      (b) on incomes:   -  to implement the conclusions proposed by the Commission in the communication on the principles of indexation which it sent to Member States on 22 July;   (c) on the monetary side:   -   the Banque Nationale de Belgique must continue its tight monetary policy : monetary policy is not to be relaxed until parallel concrete and satisfactory progress has been made in the other areas of economic and social policy particularly as regards the external and budgetary equilibria.      12. In conclusion, the Commission is anxious to stress that the proposed measures should be taken as rapidly as possible.  Any further postponement of the inevitable measures of reform would undoubtedly aggravate the situation and make the process of adjustment even more painful, in particular for the poorest members of Belgian society.    Done at Brussels, 22 July 1981.  For the Commission  François-Xavier ORTOLI  Vice-President


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31994K0085

Commission Recommendation No 85/94/ECSC of 19 January 1994 on prior Community surveillance of imports of certain iron and steel products covered by the ECSC Treaty originating in non-member countries

Official Journal L 017 , 20/01/1994 P. 0001 - 0006

COMMISSION RECOMMENDATION No 85/94/ECSC of 19 January 1994 on prior Community surveillance of imports of certain iron and steel products covered by the ECSC Treaty originating in non-member countriesTHE COMMISSION OF THE EUROPEAN  COMMUNITIES,  Having regard to the Treaty establishing the European Coal and Steel Community, and in particular Article 74 thereof,  Whereas by Recommendation No 3772/92/ECSC (1), the Commission made imports into the Community of certain iron and steel products covered by the Treaty establishing the European Coal and Steel Community subject to Community surveillance;  Whereas the completion of the internal market requires that the formalities to be accompanished by Community importers be the same wherever the goods may be cleared;  Whereas the import documents issued for the purposes of Community surveillance must be valid throughout the Community, regardless of the Member State of issue;  Whereas the issue of import documents, while subject to standard conditions at Community level, is to be the responsibility of the national authorities,  MAKES THE FOLLOWING RECOMMENDATION:   Article 1  1. The release for free circulation in the Community of iron and steel products covered by the ECSC Treaty listed in Annex I, originating in non-member countries other than the countries of the European Free Trade Association (EFTA), shall be  subject to the issue of an import document.  2. The import document or licence (import authorization) shall be issued by the competent authority in the Member States, free of charge and for any quantities requested, upon receipt of the application and in any case within not more than 10 working  days of the submission by a Community importer of the completed application, regardless of the importer's place of establishment in the Community.  3. Paragraph 2 shall apply without prejudice to the applicability of Community quantitative limits.  4. An import document or licence issued by one of the authorities listed in Annex II shall be valid throughout the Community.  5. The importer's application shall include the particulars provided for in Article 2 (1). Where the goods are to clear customs in a Member State other than that which issued the import document or licence, the form provided for in Annex III must be  used.  6. The period of validity of the import document or licence is hereby fixed at three months, without prejudice to possible changes in the import regulations in force or decisions taken in the frame of the management of a quota or an arrangement.  7. Unused or partly used import documents or licences may be renewed.   Article 2  1. The importer's application must state:  (a) the third-country consignor's name and address;  (b) the full name and address of the importer (consignee);  (c) the exact description of the goods and the EEC nomenclature code(s);  (d) the country of origin;  (e) the country of consignment;  (f) the net weight, by EEC nomenclature heading;  (g) the cif value at Community frontier by EEC nomenclature heading;  (h) whether the products concerned are seconds or of substandard quality (2);  (i) the proposed period and place(s) of customs clearance.  2. The importer shall state whether his application is a repeat of a previous applications concerning the same contract.  3. The importer shall certify that his application is accurate and shall submit a copy either of the purchase contract(s) or of the vendor's order confirmation(s); confirmations shall be accompanied by the pro forma invoice.   Article 3  1. Without prejudice to Article 1 (3), Article 2 (1) (g) shall not prevent release for free circulation in cases where the unit price for the transaction exceeds that indicated in the import document.  2. Without prejudice to Article 1 (3), Article 2 (1) (f) shall not prevent release for free circulation where the quantity of products presented on import does not exceed that stipulated in the import document or licence by more than 5 % on aggregate.  3. Where the goods are to clear customs in a Member State other than the one in which the import document or licence was issued, the authority which issued the authorization shall send it, together with the application referred to in Article 1 (5), to  the licensing authority in the Member State of importation. The latter authority shall if necessary automatically endorse or confirm the authorization issued by the first authority, which shall then be forwarded immediately to customs at the intended  place of importation.  4. Applications for import documents or licences and the licences themselves shall be confidential. They shall be restricted to the competent authorities and the applicant.   Article 4  1. Within the first ten days of each month, the Member States shall notify the Commission of the tonnage and values (calculated in ECU) for which import documents or licences were issued during the preceding month, giving the particulars  entered in the importers' applications under Article 2 (1) (c) to (h).  2. The Member States shall give notification of any anomalies or cases of fraud which they discover.   Article 5  This recommendation shall be applicable from 1 January 1994.  It shall apply until 31 December 1994.  Done at Brussels, 19 January 1994.  For the Commission Leon BRITTAN Member of the Commission  (1) OJ No L 383, 29. 12. 1992, p. 39.  (2) Under the criteria given in OJ No C 180, 11. 7. 1991, p. 4.     PARARTIMA I ANEXO I - BILAG I - ANHANG I -  - ANNEX I - ANNEXE I - ALLEGATO I - BIJLAGE I - ANEXO I   "" ID="1">7201 10 11 7201 10 19 7201 10 30 7201 10 90 7201 20 00 7201 30 10 7201 30 90 7201 40 00 7202 11 20 7202 11 80 7202 99 11 7203 90 00 7204 50 10 7204 50 90 7206 10 00 7206 90 00 7207 11 11 7207 11 14 7207 11 16 7207 12 10 7207 19 11 7207  19 14 7207 19 16 7207 19 31 7207 20 11 7207 20 15 7207 20 17 7207 20 32 7207 20 51 7207 20 55 7207 20 57 7207 20 71 7208 11 00 7208 12 10 7208 12 91 7208 12 95 7208 12 98 7208 13 10 7208 13 91 7208 13 95 7208 13 98 7208 14 10 7208 14 91 7208 14 99 7208  21 10 7208 21 90 7208 22 10 7208 22 91 7208 22 95 7208 22 98 7208 23 10 7208 23 91 7208 23 95 7208 23 98 7208 24 10 7208 24 91 7208 24 99 7208 31 00 7208 32 10 7208 32 30 7208 32 51> ID="2">7208 32 59 7208 32 91 7208 32 99 7208 33 10 7208 33 91 7208 33  99 7208 34 10 7208 34 90 7208 35 10 7208 35 90 7208 41 00 7208 42 10 7208 42 30 7208 42 51 7208 42 59 7208 42 91 7208 42 99 7208 43 10 7208 43 91 7208 43 99 7208 44 10 7208 44 90 7208 45 10 7208 45 90 7208 90 10 7209 11 00 7209 12 10 7209 12 90 7209 13  10 7209 13 90 7209 14 10 7209 14 90 7209 21 00 7209 22 10 7209 22 90 7209 23 10 7209 23 90 7209 24 10 7209 24 91 7209 24 99 7209 31 00 7209 32 10 7209 32 90 7209 33 10 7209 33 90 7209 34 10 7209 34 90 7209 41 00 7209 42 10 7209 42 90 7209 43 10 7209 43  90 7209 44 10 7209 44 90 7209 90 10 7210 11 10 7210 12 11 7210 12 19 7210 20 10 7210 31 10 7210 39 10 7210 41 10 7210 49 10 7210 50 10 7210 60 11> ID="3">7210 60 19 7210 70 31 7210 70 39 7210 90 31 7210 90 33 7210 90 35 7210 90 39 7211 11 00 7211 12 10  7211 12 90 7211 19 10 7211 19 91 7211 19 99 7211 21 00 7211 22 10 7211 22 90 7211 29 10 7211 29 91 7211 29 99 7211 30 10 7211 41 10 7211 41 91 7211 49 10 7211 90 11 7212 10 10 7212 10 91 7212 21 11 7212 29 11 7212 30 11 7212 40 10 7212 40 91 7212 50 31  7212 50 51 7212 60 11 7212 60 91 7213 10 00 7213 20 00 7213 31 10 7213 31 90 7213 39 10 7213 39 90 7213 41 00 7213 49 00 7213 50 10 7213 50 90 7214 20 00 7214 30 00 7214 40 10 7214 40 31 7214 40 39 7214 40 90 7214 50 10 7214 50 31 7214 50 39 7214 50 90  7214 60 00 7215 90 10 7216 10 00 7216 21 00 7216 22 00 7216 31 11> ID="4">7216 31 19 7216 31 91 7216 31 99 7216 32 11 7216 32 19 7216 32 91 7216 32 99 7216 33 10 7216 33 90 7216 40 10 7216 40 90 7216 50 10 7216 50 91 7216 50 99 7216 90 10 7218 10 00  7218 90 11 7218 90 13 7218 90 15 7218 90 19 7218 90 50 7219 11 10 7219 11 90 7219 12 10 7219 12 90 7219 13 10 7219 13 90 7219 14 10 7219 14 90 7219 21 11 7219 21 19 7219 21 90 7219 22 10 7219 22 90 7219 23 10 7219 23 90 7219 24 10 7219 24 90 7219 31 10  7219 31 90 7219 32 10 7219 32 90 7219 33 10 7219 33 90 7219 34 10 7219 34 90 7219 35 10 7219 35 90 7219 90 11 7219 90 19 7220 11 00 7220 12 00 7220 20 10 7220 90 11 7220 90 31 7221 00 10 7221 00 90 7222 10 11 7222 10 19 7222 10 21 7222 10 29 7222 10 31>  ID="5">7222 10 39 7222 10 81 7222 10 89 7222 30 10 7222 40 11 7222 40 19 7222 40 30 7224 10 00 7224 90 01 7224 90 05 7224 90 08 7224 90 15 7224 90 31 7224 90 39 7225 10 10 7225 10 91 7225 10 99 7225 20 20 7225 30 00 7225 40 10 7225 40 30 7225 40 50 7225  40 70 7225 40 90 7225 50 10 7225 50 90 7225 90 10 7226 10 10 7226 10 30 7226 20 20 7226 91 10 7226 91 90 7226 92 10 7226 99 20 7227 10 00 7227 20 00 7227 90 10 7227 90 30 7227 90 50 7227 90 70 7228 10 10 7228 10 30 7228 20 11 7228 20 19 7228 20 30 7228  30 20 7228 30 40 7228 30 61 7228 30 69 7228 30 70 7228 30 89 7228 60 10 7228 70 10 7228 70 31 7228 80 10 7228 80 90 7301 10 00 ">  ANNEX II  MEMBER STATES' LICENSING OFFICES  BELGIUM Ministère des affaires économiques Office central des contingents et licences rue J. A. De Mot 24-26 B-1040 Bruxelles Fax: 02/230 83 22 Ministerie van Economische Zaken Centrale Dienst voor Contingenten en Vergunningen J.-A. De Motstraat 24-26 B-1040 Brussel Fax: 02/230 83 22 SPAIN Ministerio de Comercio y Turismo Dirección General de Comercio Exterior Paseo de la Castellana 162 E-28046 Madrid Fax: 34/15 63 18 23 GREECE Ypoyrgeio Ethnikis Oikonomias Diefthynsi Rythmistikon Thematon Exoterikoy Emporioy Mitropoleos 1, Plateia Syntagmatos GR-105 57 Athina Fax: 00301/3234393 UNITED KINGDOM Department of Trade and Industry, North East Import Licensing Branch Queensway House - West Precinct UK-Billingham, Cleveland TS23 2NF Fax: 0642 533 557 IRELAND Department of Trade and Industry Trade Regulation Branch Frederick Building, Setanda Centre South Frederick Street IRL-Dublin 2 Fax: 67 95 710 DENMARK Erhvervsfremme Styrelsen Soendergade 25 DK-8600 Silkeborg Fax: 45/87 20 40 77 GERMANY Bundesamt fuer Wirtschaft, Dienst 01 Postfach 5171 D-6235 Eschborn 1 Fax: 49/61 96 40 42 12 FRANCE SAFICO 42, rue de Clichy F-75436 Paris Cedex 09 Fax: 40 23 06 51 THE NETHERLANDS Centrale Dienst voor In- en Uitvoer Postbus 30.003, Engelse Kamp 2 NL-9722 AX Groningen Fax: 050/26 06 98 PORTUGAL Direcçao-Geral do Comércio Externo Av. da Republica, 79 P-1000 Lisboa Fax: 79 32 2 10 ITALY Ministero per il Commercio estero D.G. Import-export, Division V Via Boston I-00144 Roma EUR Fax: 59 93 26 36; 59 93 26 37 LUXEMBOURG Ministère des affaires étrangères Office des licences BP 113 L-2011 Luxembourg Telefax: 352/46 61 38FOR USE BY CUSTOMS


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31975H0466

75/466/EEC: Commission Recommendation of 23 July 1975 to Member States concerning the measures to combat the recession

Official Journal L 209 , 07/08/1975 P. 0030 - 0031

COMMISSION RECOMMENDATION  of 23 July 1975  to Member States concerning the measures to combat the recession  (75/466/EEC)  I    1. The Finance and Economic Ministers, at the Council meeting of 10 July, and the Heads of State of the member governments at the European Council 16 to 17 July, have expressed their growing concern with regard to economic development in the Community.       2. The economic recession has hit all Member States longer and harder than was foreseeable a few months ago, while despite the relative success scored in the fight against inflation, consumer prices shall continue to grow fast. The fall in internal and external demand and in industrial production, the growing under-utilisation of capacity, and the deterioration of the financial position of companies have brought about, in all Member States, a very high level of unemployment, particularly of young people. Households and firms are very cautious in their decisions regarding consumption and investment. Measures put into effect in the majority of Member States in order to stimulate the economy have only had limited effects up to now. And the risk that the upturn will be delayed still further, and that the employment situation will continue to deteriorate, cannot be ignored.       3. In July of this year the Commission presented an analysis of the present situation and a series of general assessments which were approved at the meetings mentioned above.       4. The Commission takes the view that one of the principle conditions for the permanent improvement of the conjunctural situation is to restore the confidence of private consumers and firms. This necessarily supposes a stronger collaboration between social partners and between Member States in the Community.       5. The margin of manoeuvre for short-term economic policy is reduced by the persistence, in varying degree, of balance of payments deficits, of large budget disequilibria, of high levels of inflation and by the risk involved, in these conditions, in any overall macro-economic reflationary measures. It would be appropriate, from now on, that such measures be taken only by those Member States with larger margins of manoeuvre.       6. Taking into account the close commercial and financial relations of the Community with the rest of the world and because of the more parallel development of the conjunctural situation, the Community and the Member States should cooperate more closely with their most important partners with a view to reanimating world trade and stabilizing international monetary and financial affairs.  In negotiations taking place in the framework of GATT and the IMF and in the discussions with raw material producing countries, the Community must play a constructive role with a view to improving the world economic situation. In this respect, it appears important to aid the developing countries most affected by the petroleum crisis and by the world recession by financing their serious balance of payments deficits.       7. Community action at the international level, indispensable though it is, must not however delay those measures that should urgently be taken within the Community.           II  For these reasons the Commission, under the terms of Article 155 of the Treaty setting up the European Economic Community, addresses to Member States the following recommendation.    1. The Member States mentioned in the following paragraph shall take additional measures, coordinated in respect of their content and their timing, to stimulate the economic situation so as to have a discernible effect in the autumn.       2. With a view to ensuring the mutual consistency of economic policies in the Community, the greatest stimulus should be undertaken by the member countries whose positions with regard to the current balance of payments, the rise in prices, and the public finances best allow it. The Member States who currently fulfil these conditions are the Federal Republic of Germany, the Benelux countries, France and, to a lesser extent, Denmark and Italy.       3. Having regard to the need to slow down the deterioration in the labour market and to avoid the reappearance of inflationary pressures, the measures adopted should be directed towards reducing unemployment and should as far as possible be flexible and capable of reversal, so as not to jeopardize the future equilibrium of public finance.       4. To allow for the differences between the current economic, structural and institutional situations of the Member States mentioned in paragraph II.2, the measures adopted should be diversified and adopted while still aiming at the achievement of the common objective set out in paragraph 1. These measures might take the following forms:      - stimulation of public sector ordering, notably by the acceleration of existing investment programmes (construction, transport and communications, protection of the environment, social infrastructure), by the adoption of new arrangements in the field of housing and urban development, and by financial support for local authority programmes;           - encouragement of private consumption, notably by the improvement of the financial situation of the poorest groups, the easing of credit for consumption and the encouragement, by offering concessions, of expenditure in the public interest, for example in energy economy;           - support of private investment, notably through re-establishment of an adequate margin for auto-financing and through running an agreed policy of moderate interest rates.                  5. The more detailed definition of the measures of which only the outlines are sketched in this recommendation, must be made in a coordinated manner following the procedures agreed in the Council Decision of 18 February 1974 relative to the realization of a greater degree of convergence in the economic policy of the Member States of the EEC and notably through Articles 8 and 9.         Done at Brussels, 23 July 1975.  For The Commission  The President  François-Xavier ORTOLI


title: 2011/645/EU: Council Recommendation of 15 February 2011 concerning the discharge to be given to the Commission in respect of the implementation of the operations of the European Development Fund (eighth EDF) for the financial year 2009

text:
               1.10.2011

               EN

               Official Journal of the European Union

               L 255/13

         COUNCIL RECOMMENDATION
   of 15 February 2011
   concerning the discharge to be given to the Commission in respect of the implementation of the operations of the European Development Fund (eighth EDF) for the financial year 2009
   (2011/645/EU)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to the fourth ACP-EEC Convention, signed at Lomé on 15 December 1989 (1) and amended by the Agreement signed in Mauritius on 4 November 1995 (2),
   Having regard to the Internal Agreement between the representatives of the Governments of the Member States, meeting within the Council, on the financing and administration of the Community aid under the Second Financial Protocol to the fourth ACP-EC Convention (3) (the ‘Internal Agreement’) setting up, amongst others, the eighth European Development Fund (eighth EDF), and in particular Article 33(3) thereof,
   Having regard to the Financial Regulation of 16 June 1998 applicable to development finance cooperation under the fourth ACP-EC Convention (4), and in particular Articles 66 to 74 thereof,
   Having examined the revenue and expenditure account and the balance sheet relating to the operations of the eighth EDF as at 31 December 2009, and the Annual Report of the Court of Auditors on the activities funded by the eighth, ninth and tenth European Development Funds (EDFs) (5), concerning the financial year 2009, together with the Commission’s replies contained in that Annual Report,
   Whereas:

               (1)

               Pursuant to Article 33(3) of the Internal Agreement, the discharge for the financial management of the eighth EDF is to be given to the Commission by the European Parliament on the recommendation of the Council.

               (2)

               The overall implementation by the Commission of the operations of the eighth EDF during the financial year 2009 has been satisfactory,

         HEREBY RECOMMENDS that the European Parliament give the Commission a discharge in respect of the implementation of the operations of the eighth EDF for the financial year 2009.

      Done at Brussels, 15 February 2011.

            For the Council

            The President

         MATOLCSY Gy.

      (1)  OJ L 229, 17.8.1991, p. 3.

      (2)  OJ L 156, 29.5.1998, p. 3.

      (3)  OJ L 156, 29.5.1998, p. 108.

      (4)  OJ L 191, 7.7.1998, p. 53.

      (5)  OJ C 303, 9.11.2010, p. 243.


title: Commission Recommendation of 5 July 2010 on the risk assessment of deficiencies detected during technical roadside inspections (of commercial vehicles) in accordance with Directive 2000/30/EC of the European Parliament and of the Council

text:
               8.7.2010

               EN

               Official Journal of the European Union

               L 173/97

         COMMISSION RECOMMENDATION
   of 5 July 2010
   on the risk assessment of deficiencies detected during technical roadside inspections (of commercial vehicles) in accordance with Directive 2000/30/EC of the European Parliament and of the Council
   (2010/379/EU)
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 292, thereof,
   Whereas:

               (1)

               In the interests of road safety, environmental protection and fair competition it is important to ensure that commercial vehicles in operation are properly maintained and inspected, so that they maintain their safe traffic performance when circulating within the Union.

               (2)

               In addition to the standards and methods referred to in Directive 2000/30/EC of the European Parliament and of the Council of 6 June 2000 on the technical roadside inspection of the roadworthiness of commercial vehicles circulating in the Community (1), in order to achieve a more harmonised system and to avoid unequal treatment at technical roadside inspections, guidelines should be introduced for the assessment of the deficiencies listed in Annex II to that Directive.

               (3)

               To reflect the seriousness of failures, three categories should be introduced.

               (4)

               Each category of failure should describe the consequences for the use of the vehicle in that condition,

         HAS ADOPTED THIS RECOMMENDATION:
   Member States should assess deficiencies detected at roadside inspections of the roadworthiness of a vehicle in accordance with the guidelines set out in the Annex to this recommendation.

      Done at Brussels, 5 July 2010.

            For the Commission

         Siim KALLAS

            Vice-President

      (1)  OJ L 203, 10.8.2000, p. 1.

      ANNEX

         Guidelines for the assessment of defects and deficiencies

      In the framework of implementing Directive 2000/30/EC, this document lists guidelines which Member States are recommended to apply for assessing defects (defined as both technical defects and other non-compliances) that are found during technical roadside inspections of vehicles.
      The defects are classified as follows:

                  MINOR DEFECTS (MiD)

                  MAJOR DEFECTS (MaD)

                  DANGEROUS DEFECTS (DD)

            Each defect category should be defined by reference to the condition of the vehicle as follows:
      MINOR DEFECTS
      Technical defects that have no significant effect on the safety of the vehicle and other minor non-compliances. The vehicle does not have to be re-examined as it can reasonably be expected that the detected defects will be rectified without delay.
      MAJOR DEFECTS
      Defects that may prejudice the safety of the vehicle and/or put other road users at risk and other more significant non-compliances. The vehicle must be repaired as soon as possible and further use may be subject to restrictions and conditions, for example, submitting the vehicle to a further roadworthiness inspection.
      DANGEROUS DEFECTS
      Defects that constitute a direct and immediate risk to road safety. Further use of the vehicle on the road is not permitted, although in some instances it may be permitted to be driven under specified conditions directly to a specified location, for example for immediate repair or impounding of the vehicle.
      A vehicle having defects falling into more than one defect group should be classified according to the most serious defect. A vehicle showing several defects of the same group can be classified in the next more serious group if their combined effect makes the vehicle more dangerous.
      For defects which can be classified in more than one category, it should be the responsibility of the inspector carrying out the test to categorise the defects according to their severity in accordance with national legislation.
      Requirements for type-approval at the time of first registration or first entry into service should be taken into consideration during the defect assessment. Nevertheless some items will be covered by retrofitting requirements.

         Assessment requirements

      Deficiencies are examples of technical defects or other non-compliances that can be detected.

                  Item

                  Deficiencies

                  Guidelines for defect assessment

                  MiD

                  MaD

                  DD

                  1.   BRAKING EQUIPMENT

                              1.1.

                              Mechanical condition and operation

                              1.1.1.

                              Service brake pedal/hand lever pivot

                              (a)

                              Pivot too tight.

                  X

                              (b)

                              Excessive wear or play.

                  X

                              1.1.2.

                              Pedal/hand lever condition and travel of the brake operating device

                              (a)

                              Excessive or insufficient reserve travel.

                  X

                              (b)

                              Brake control not releasing correctly.

                  X

                  X

                              (c)

                              Anti-slip provision on brake pedal missing, loose or worn smooth.

                  X

                              1.1.3.

                              Vacuum pump or compressor and reservoirs

                              (a)

                              Insufficient pressure/vacuum to give assistance for at least two brake applications after the warning device has operated (or gauge shows an unsafe reading).

                  X

                  X

                              (b)

                              Time taken to build up air pressure/vacuum to safe working value not in accordance with the requirements (8).

                  X

                              (c)

                              Multi-circuit protection valve or pressure relief valve not working.

                  X

                              (d)

                              Air leak causing a noticeable drop in pressure or audible air leaks.

                  X

                              (e)

                              External damage likely to affect the function of the braking system.

                  X

                  X

                              1.1.4.

                              Low pressure warning gauge or indicator

                  Malfunctioning or defective gauge or indicator.

                  X

                  X

                              1.1.5.

                              Hand-operated brake control valve

                              (a)

                              Control cracked, damaged or excessively worn.

                  X

                              (b)

                              Control insecure on valve or valve insecure.

                  X

                              (c)

                              Loose connections or leaks in system.

                  X

                              (d)

                              Unsatisfactory operation.

                  X

                              1.1.6.

                              Parking brake activator, lever control, parking brake ratchet, electronic parking brake

                              (a)

                              Ratchet not holding correctly.

                  X

                              (b)

                              Excessive wear at lever pivot or in ratchet mechanism.

                  X

                  X

                              (c)

                              Excessive movement of lever indicating incorrect adjustment.

                  X

                              (d)

                              Activator missing, damaged or inoperative.

                  X

                              (e)

                              Incorrect functioning, warning indicator shows malfunction.

                  X

                              1.1.7.

                              Braking valves (foot valves, unloaders, governors)

                              (a)

                              Valve damaged or excessive air leak.

                  X

                  X

                              (b)

                              Excessive oil discharge from compressor.

                  X

                              (c)

                              Valve insecure or inadequately mounted.

                  X

                              (d)

                              Hydraulic fluid discharge or leak.

                  X

                  X

                              1.1.8.

                              Couplings for trailer brakes (electrical and pneumatic)

                              (a)

                              Tap or self-sealing valve defective.

                  X

                  X

                              (b)

                              Tap or valve insecure or inadequately mounted.

                  X

                  X

                              (c)

                              Excessive leaks.

                  X

                  X

                              (d)

                              Not functioning correctly.

                  X

                  X

                              1.1.9.

                              Energy storage reservoir pressure tank

                              (a)

                              Tank damaged, corroded or leaking.

                  X

                  X

                              (b)

                              Drain device inoperative.

                  X

                  X

                              (c)

                              Tank insecure or inadequately mounted.

                  X

                              1.1.10.

                              Brake servo units, master cylinder (hydraulic systems)

                              (a)

                              Defective or ineffective servo unit.

                  X

                              (b)

                              Master cylinder defective or leaking.

                  X

                  X

                              (c)

                              Master cylinder insecure.

                  X

                  X

                              (d)

                              Insufficient brake fluid.

                  X

                  X

                              (e)

                              Master cylinder reservoir cap missing.

                  X

                              (f)

                              Brake fluid warning light illuminated or defective.

                  X

                              (g)

                              Incorrect functioning of brake fluid level warning device.

                  X

                              1.1.11.

                              Rigid brake pipes

                              (a)

                              Imminent risk of failure or fracture.

                  X

                  X

                              (b)

                              Pipes or connections leaking.

                  X

                  X

                              (c)

                              Pipes damaged or excessively corroded.

                  X

                  X

                              (d)

                              Pipes misplaced.

                  X

                  X

                              1.1.12.

                              Flexible brake hoses

                              (a)

                              Imminent risk of failure or fracture.

                  X

                  X

                              (b)

                              Hoses damaged, chafing, twisted or too short.

                  X

                  X

                              (c)

                              Hoses or connections leaking.

                  X

                  X

                              (d)

                              Hoses bulging under pressure.

                  X

                  X

                              (e)

                              Hoses porous.

                  X

                              1.1.13.

                              Brake linings and pads

                              (a)

                              Lining or pad excessively worn.

                  X

                  X

                              (b)

                              Lining or pad contaminated (oil, grease etc.).

                  X

                  X

                              (c)

                              Lining or pad missing.

                  X

                              1.1.14.

                              Brake drums, brake discs

                              (a)

                              Drum or disc excessively worn, excessively scored, cracked, insecure or fractured.

                  X

                  X

                              (b)

                              Drum or disc contaminated (oil, grease, etc.).

                  X

                  X

                              (c)

                              Drum or disc missing.

                  X

                              (d)

                              Back plate insecure.

                  X

                              1.1.15.

                              Brake cables, rods, levers, linkages

                              (a)

                              Cable damaged or knotted.

                  X

                  X

                              (b)

                              Component excessively worn or corroded.

                  X

                  X

                              (c)

                              Cable, rod or joint insecure.

                  X

                              (d)

                              Cable guide defective.

                  X

                              (e)

                              Restriction to free movement of the braking system.

                  X

                              (f)

                              Abnormal movement of the levers/linkage indicating maladjustment or excessive wear.

                  X

                              1.1.16.

                              Brake actuators (including spring brakes or hydraulic cylinders)

                              (a)

                              Actuator cracked or damaged.

                  X

                  X

                              (b)

                              Actuator leaking.

                  X

                  X

                              (c)

                              Actuator insecure or inadequately mounted.

                  X

                  X

                              (d)

                              Actuator excessively corroded.

                  X

                  X

                              (e)

                              Insufficient or excessive travel of operating piston or diaphragm mechanism.

                  X

                  X

                              (f)

                              Dust cover missing or excessively damaged.

                  X

                  X

                              1.1.17.

                              Load sensing valve

                              (a)

                              Defective linkage.

                  X

                              (b)

                              Linkage incorrectly adjusted.

                  X

                              (c)

                              Valve seized or inoperative.

                  X

                  X

                              (d)

                              Valve missing.

                  X

                              (e)

                              Missing data plate.

                  X

                              (f)

                              Data illegible or not in accordance with requirements (8).

                  X

                              1.1.18.

                              Slack adjusters and indicators

                              (a)

                              Adjuster damaged, seized or having abnormal movement, excessive wear or incorrect adjustment.

                  X

                              (b)

                              Adjuster defective.

                  X

                              (c)

                              Incorrectly installed or replaced.

                  X

                              1.1.19.

                              Endurance braking system (where fitted or required)

                              (a)

                              Insecure connectors or mountings.

                  X

                  X

                              (b)

                              System obviously defective or missing.

                  X

                              1.1.20.

                              Automatic operation of trailer brakes

                  Trailer brake does not apply automatically when coupling disconnected.

                  X

                              1.1.21.

                              Complete braking system

                              (a)

                              Other system devices (e.g. anti-freeze pump, air dryer, etc.) damaged externally or excessively corroded in a way that adversely affects the braking system.

                  X

                  X

                              (b)

                              Leakage of air or anti-freeze.

                  X

                  X

                              (c)

                              Any component insecure or inadequately mounted.

                  X

                              (d)

                              Inappropriate repair or modification to any component (1).

                  X

                  X

                              1.1.22.

                              Test connections (where fitted or required)

                              (a)

                              Missing.

                  X

                              (b)

                              Damaged, unusable or leaking.

                  X

                  X

                              1.2.

                              Service braking performance and efficiency

                              1.2.1.

                              Performance

                                 (E)
                                  (9)

                              (a)

                              Inadequate braking effort on one or more wheels.

                  X

                  X

                              (b)

                              Braking effort from any wheel is less than 70 % of maximum effort recorded from the other wheel on the same axle. Or in the case of testing on the road, the vehicle deviates excessively from a straight line.

                  X

                  X

                              (c)

                              No gradual variation in brake effort (grabbing).

                  X

                              (d)

                              Abnormal lag in brake operation of any wheel.

                  X

                              (e)

                              Excessive fluctuation of brake force during each complete wheel revolution.

                  X

                              1.2.2.

                              Efficiency

                                 (E)
                                  (9)

                  Does not give at least the minimum figure as follows:

                              Category N1: 45 %

                              Category M1, M2 and M3: 50 % (2)

                              Category N2 and N3: 43 % (3)

                              Category O2, O3 and O4: 40 % (4)

                  X

                  X

                              1.3.

                              Secondary (emergency) braking performance and efficiency (if met by separate system)

                              1.3.1.

                              Performance

                                 (E)
                                  (9)

                              (a)

                              Inadequate braking effort on one or more wheels.

                  X

                  X

                              (b)

                              Braking effort from any wheel is less than 70 % of maximum effort recorded from another wheel on the same axle specified. Or in the case of testing on the road, the vehicle deviates excessively from a straight line.

                  X

                  X

                              (c)

                              No gradual variation in brake effort (grabbing).

                  X

                  X

                              1.3.2.

                              Efficiency

                  Braking effort less than 50 % (5) of the service brake performance defined in section 1.2.2 in relation to the maximum authorised mass or, in the case of semi-trailers, to the sum of the authorised axle loads (except L1e and L3e).

                  X

                  X

                              1.4.

                              Parking braking performance and efficiency

                              1.4.1.

                              Performance

                                 (E)
                                  (9)

                  Brake inoperative on one side or in the case of testing on the road, the vehicle deviates excessively from a straight line.

                  X

                  X

                              1.4.2.

                              Efficiency

                                 (E)
                                  (9)

                  Does not give at least for all vehicles a braking ratio of 16 % in relation to the maximum authorised mass, or, for motor vehicles, of 12 % in relation to the maximum authorised combination mass of the vehicle, whichever is the greater.

                  X

                  X

                              1.5.

                              Endurance braking system performance

                              (a)

                              No gradual variation of efficiency (not applicable to exhaust brake systems).

                  X

                              (b)

                              System not functioning.

                  X

                              1.6.

                              Anti-lock braking system (ABS)

                              (a)

                              Warning device malfunctioning.

                  X

                              (b)

                              Warning device shows system malfunction.

                  X

                              (c)

                              Wheel speed sensors missing or damaged.

                  X

                              (d)

                              Wirings damaged.

                  X

                              (e)

                              Other components missing or damaged.

                  X

                              1.7.

                              Electronic brake system (EBS)

                              (a)

                              Warning device malfunctioning.

                  X

                              (b)

                              Warning device shows system malfunction.

                  X

                  8.   NUISANCE

                              8.1.

                              Noise

                              8.1.1.

                              Noise suppression system

                              (a)

                              Noise levels in excess of those permitted in the requirements (8).

                  X

                              (b)

                              Any part of the noise suppression system loose, likely to fall off, damaged, incorrectly fitted, missing or obviously modified in a way that would adversely affect the noise levels.

                  X

                  X

                              8.2.

                              Exhaust emissions

                              8.2.1.

                              Petrol engine emissions

                              8.2.1.1.

                              Exhaust emissions control equipment

                              (a)

                              Emission control equipment fitted by the manufacturer absent, modified or obviously defective.

                  X

                  X

                              (b)

                              Leaks which would affect emission measurements.

                  X

                              8.2.1.2.

                              Gaseous emissions

                                 (E)
                                  (9)

                              (a)

                              Either, gaseous emissions exceed the specific levels given by the manufacturer.

                  X

                              (b)

                              Or, if this information is not available, the CO emissions exceed:

                                          (i)

                                          for vehicles not controlled by an advanced emission control system,

                                                      —

                                                      4,5 %, or

                                                      —

                                                      3,5 %,

                                                according to the date of first registration or use specified in requirements (8);

                                          (ii)

                                          for vehicles controlled by an advanced emission control system,

                                                      —

                                                      at engine idle: 0,5 %,

                                                      —

                                                      at high idle: 0,3 %,
                                                      or

                                                      —

                                                      at engine idle: 0,3 % (6)

                                                      —

                                                      at high idle: 0,2 %,

                                                according to the date of first registration or use specified in requirements (8).

                  X

                              (c)

                              Lambda outside the range 1 ± 0,03 or not in accordance with the manufacturer’s specification.

                  X

                              (d)

                              OBD readout indicating significant malfunction.

                  X

                              (e)

                              Remote sensing measurement showing significant non-compliance.

                  X

                              8.2.2.

                              Diesel engine emissions

                              8.2.2.1.

                              Exhaust emission control equipment

                              (a)

                              Emission control equipment fitted by the manufacturer absent or obviously defective.

                  X

                  X

                              (b)

                              Leaks which would affect emission measurements.

                  X

                              8.2.2.2.

                              Opacity

                                 (E)
                                  (9)

                              Vehicles registered or put into service before 1 January 1980 are exempted from this requirement

                              (a)

                              For vehicles registered or put into service for the first time after the date specified in requirements (8),
                              opacity exceeds the level recorded on the manufacturer’s plate on the vehicle;

                  X

                              (b)

                              Where this information is not available or requirements (8) do not allow the use of reference values,
                              for naturally aspirated engines: 2,5 m-1,
                              for turbo-charged engines: 3,0 m-1,
                              or, for vehicles identified in requirements (8) or first registered or put into service for the first time after the date specified in requirements (8),
                              1,5 m-1
                                  (7).

                  X

                              (c)

                              Remote sensing measurement showing significant non-compliance.

                  X

                              8.4.

                              Other items related to the environment

                              8.4.1.

                              Fluid leaks

                  Any excessive fluid leak likely to harm the environment or to pose a safety risk to other road users.

                  X

                  X

         (1)  Inappropriate repair or modification means a repair or modification that adversely affects the road safety of the vehicle or has a negative effect on the environment.

         (2)  48 % for vehicles not fitted with ABS or type approved before 1 October 1991.

         (3)  45 % for vehicles registered after 1988 or from the date specified in requirements whichever is the later.

         (4)  43 % for semi-trailers and draw-bar trailers registered after 1988 or from the date in requirements whichever is the later.

         (5)  2,2 m/s2 for N1, N2 and N3 vehicles.

         (6)  Type-approved according to limits in row A or B section 5.3.1.4 of Annex I to Council Directive 70/220/EEC (OJ L 76, 6.4.1970, p. 1) or later or first registered or put into service after 1 July 2002.

         (7)  Type approved according to limits in row B section 5.3.1.4 of Annex I to Directive 70/220/EEC or later; row B1, B2 or C section 6.2.1 of Annex I to Council Directive 88/77/EEC (OJ L 36, 9.2.1988, p. 33) or later or first registered or put into service after 1 July 2008.

         (8)  ‘requirements’ are laid down by type-approval requirements at the date of approval, first registration or first entry into service as well as retrofitting obligations or national legislation in the country of registration.

         (9)  (E) For testing of this item equipment is required.


Avis juridique important

|

31992H0434

92/434/ECSC: Commission Recommendation of 14 August 1992 imposing protective measures in respect of certain ECSC iron and steel products originating in the Czech and Slovak Federal Republic (Only the German, French and Italian texts are authentic)

Official Journal L 238 , 21/08/1992 P. 0026 - 0029

COMMISSION  RECOMMENDATIONof 14 August 1992 imposing protective measures in respect of certain ECSC iron and  steel products originating in the Czech and Slovak Federal Republic (Only the French, German and  Italian texts are authentic) (92/434/ECSC) THE COMMISSION OF THE EUROPEAN  COMMUNITIES, Having regard to the Treaty establishing the European Coal and Steel Community, Having regard to Commission Decision 524/92/ECSC, and in particular Article 5 thereof  (1), Whereas: (1)  An Interim Agreement on trade and trade-related matters between the European Economic  Community, of the one part, and the Czech and Slovak Federal Republic (hereinafter referred to as  'Czechoslovakia`), of the other part, was signed in Brussels on 16 December 1991. Safeguard measures may be taken under Articles 24 and 27 (3) (d) of this Interim Agreement. (2)  On 29 July, 31 July and 3 August 1992 respectively, Germany, France and Italy requested that  the Commission adopt forthwith safeguard measures under the Interim Agreement in respect of imports  of certain ECSC iron and steel products originating in Czechoslovakia. (3)  In their requests the authorities of the Member States concerned claimed that the products in  question were being imported in such increased quantities and under such conditions as to cause or  threaten to cause: -  serious injury to domestic producers of like or directly competing products, or -  serious disturbances in the sector concerned or difficulties which could bring about serious  deterioration in the economic situation of a region. (4)  In support of their claim, the Member States in question supplied the Commission with  information showing that imports from Czechoslovakia of hot-rolled coils, cold-rolled sheets and  bars and rods increased considerably in the first few months of 1992. (a)  Hot-rolled coils falling within the CN codes listed in Annex I: the import documents requested  or issued show an upward trend of up to 320  % over 1991 levels for certain products imported into  Germany and of up to 575  % over 1991 levels for certain products imported into France. The market share of imports from Czechoslovakia consequently rose from 0,9  % in 1991 to 3,2  % in  Germany, from 1  % to 4,6  % in France and from 2,2  % to 3,3  % in Italy. In the case of  particular CN codes, market share reached 15,3  % in Germany, 12  % in France and 10,7  % in  Italy. (b)  Cold-rolled sheets falling within the CN codes listed in Annex II: the import documents  requested or issued show an upward trend of up to 320  % for certain products imported into  France. The market share of imports from Czechoslovakia consequently rose from 1,4  % to 2,8  % in France,  and reached 13,6  % in the case of certain products. The market share achieved was 3  % in Germany  and 2,2  % in Italy. (c)  Bars and rods falling within the CN codes listed in Annex III: the extremely rapid increase in  imports from Czechoslovakia brought a rise in their share of the German market from 5,5  % in 1991  to 14  % in 1992. (5)  The information provided by the Member States moreover indicates that the prices of these  imports were very low (20 to 30  % below Community market prices). The Member States claim that the suddenness, scale, volume and price of these imports have caused a  disturbance of their markets and that the situation threatens to worsen further. These are markets  where demand is already low and prices falling, and where production capacity is severely  under-used, with even the most efficient firms working at a loss. There is a risk of additional job  losses and even closure of some plants. (6)  Because of these factors, the iron and steel industry in certain parts of the Community is  especially vulnerable were certain products are concerned to any sudden and substantial increase in  the market share of non-member country producers, particularly where this is achieved by charging  low prices. Such transactions depress prices within the Community and take sales away from  Community firms, reducing the use they make of their production capacity and contributing to a  dramatic increase in losses. This pattern of imports from Czechoslovakia, which has brought its exporters a market share of up  to 27  %, is indicative of a momentum which has no reason to diminish. The Member States have  pointed to: -  the greater frequency of requests for import documents, -  Czechoslovakia's production capacity, which is the largest in central Europe, -  the increase in export opportunities arising from the fact that the country has lost many of its  markets in central and eastern Europe, particularly the Commonwealth of Independent States (CIS), -  the decrease in domestic demand in Czechoslovakia, -  the geographical proximity of the Community, which makes it a natural market for exports from  Czechoslovakia. Under these circumstances, there is an imminent danger that the disturbance already caused by  imports from Czechoslovakia will increase. (7)  In the light of the above, the Commission considers that the criteria laid down in Articles 24  and 27 (3) (d) of the Interim Agreement have been met and that it is necessary to adopt forthwith  protective measures in respect of the products listed below, in order to counter the injury which  the imports from Czechoslovakia threaten to cause. The products in question are: -  hot-rolled coils imported into France, Germany and Italy, -  cold-rolled sheets imported into France, -  bars and rods imported into Germany. (8)  The Commission considers that the imports in question should be limited using the level of  imports in 1991 as a reference. This quantitative limit should, however, be increased by 20  % to  allow for a reasonable growth in imports. (9)  The Commission will, moreover, closely monitor the pattern of imports from Czechoslovakia on  the markets of each of the Member States, and will review the situation in the light of the results  which emerge, HAS ADOPTED THIS RECOMMENDATION: Article 1 1.  Imports from Czechoslovakia into  the Member States listed below of the products listed below shall be subject to presentation of an  import authorization issued by the authorities of the appropriate Member State. >TABLE>2.   The import authorization referred to in paragraph 1 shall be issued by the authorities of the  Member State in question against the annual quotas listed below for the year 1992, with account  being taken of amounts already imported. >TABLE>Article 2 This Recommendation shall not  prevent the release for free circulation of products which, at the time of its entry into force,  were already under way to the Community. Article 3 This Recommendation is addressed to France,  Germany and Italy. It shall be applicable until 31 December 1992. Done at  Brussels, 14 August 1992. For the Commission Frans ANDRIESSEN Vice-President   ANNEX I HOT-ROLLED COILS >TABLE>  ANNEX II COLD-ROLLED SHEETS >TABLE>  ANNEX III BARS AND RODS >TABLE>


title: Council Recommendation of 10 July 2012 on the National Reform Programme 2012 of the Netherlands and delivering a Council opinion on the Stability Programme of the Netherlands, 2012-15

text:
               24.7.2012

               EN

               Official Journal of the European Union

               C 219/88

         COUNCIL RECOMMENDATION
   of 10 July 2012
   on the National Reform Programme 2012 of the Netherlands and delivering a Council opinion on the Stability Programme of the Netherlands, 2012-15
   2012/C 219/26
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Articles 121(2) and 148(4) thereof,
   Having regard to Council Regulation (EC) No 1466/97 of 7 July 1997 on the strengthening of the surveillance of budgetary positions and the surveillance and coordination of economic policies (1), and in particular Article 5(2) thereof,
   Having regard to the recommendation of the European Commission,
   Having regard to the conclusions of the European Council,
   Having regard to the opinion of the Employment Committee,
   After consulting the Economic and Financial Committee,
   Whereas:

               (1)

               On 26 March 2010, the European Council agreed to the Commission’s proposal to launch a new strategy for jobs and growth, Europe 2020, based on enhanced coordination of economic policies, which focuses on the key areas where action is needed to boost Europe’s potential for sustainable growth and competitiveness.

               (2)

               On 13 July 2010, the Council adopted a recommendation on the broad guidelines for the economic policies of the Member States and the Union (2010 to 2014) and, on 21 October 2010, adopted a decision on guidelines for the employment policies of the Member States (2), which together form the ‘integrated guidelines’. Member States were invited to take the integrated guidelines into account in their national economic and employment policies.

               (3)

               On 12 July 2011, the Council adopted a recommendation (3) on the Netherlands’ National Reform Programme for 2011 and delivered its opinion on the Netherlands’ updated Stability Programme for 2011-14.

               (4)

               On 23 November 2011, the Commission adopted the second Annual Growth Survey, marking the start of the second European Semester of ex ante and integrated policy coordination, which is anchored in the Europe 2020 strategy. On 14 February 2012, the Commission, on the basis of Regulation (EU) No 1176/2011 of the European Parliament and of the Council of 16 November 2011 on the prevention and correction of macroeconomic imbalances (4), adopted the Alert Mechanism Report, in which it did not identify the Netherlands as one of the Member States for which an in-depth review would be carried out.

               (5)

               On 1 December 2011, the Council adopted conclusions calling on the Social Protection Committee, in cooperation with the Employment and other Committees, to present its views on actions recommended within the Europe 2020 policy cycle. These views form part of the opinion of the Employment Committee.

               (6)

               The European Parliament has been duly involved in the European Semester, in accordance with Regulation (EC) No 1466/97, and, on 15 February 2012, adopted a resolution on employment and social aspects in the Annual Growth Survey 2012 and a resolution on the contribution to the Annual Growth Survey 2012.

               (7)

               On 2 March 2012, the European Council endorsed the priorities for ensuring financial stability, fiscal consolidation and action to foster growth. It underscored the need to pursue differentiated, growth-friendly fiscal consolidation, to restore normal lending conditions to the economy, to promote growth and competitiveness, to tackle unemployment and the social consequences of the crisis, and to modernise public administration.

               (8)

               On 2 March 2012, the European Council also invited the Member States participating in the Euro Plus Pact to present their commitments in time to be included in their Stability or Convergence Programmes and their National Reform Programmes.

               (9)

               On 27 April 2012, the Netherlands submitted its Stability Programme covering the period 2012-15 and its 2012 National Reform Programme. In order to take account of their interlinkages, the two Programmes have been assessed at the same time.

               (10)

               Based on the assessment of the Stability Programme pursuant to Regulation (EC) No 1466/97, the Council is of the opinion that the macroeconomic scenario underpinning the budgetary projections in the Stability Programme is optimistic. For 2013, the Stability Programme projects economic growth of 1¼ % without taking into account the negative impact of the additional consolidation measures on growth, whilst, on the basis of the same no-policy change scenario, the Commission has forecast a lower growth rate of 0,7 %. The stated objective of the Stability Programme is to meet the Council recommendations on correcting the excessive deficit and to strive to further improve the budgetary position towards the medium-term budgetary objective (MTO) by targeting a structural effort of at least 0,5 % per year. The Stability Programme targets a headline general government deficit of 3 % of GDP in 2013 and confirms the previous MTO of a structural deficit of 0,5 % of GDP, which adequately reflects the requirements of the Stability and Growth Pact. The average annual fiscal effort of 0,75 % of GDP over the period 2010-13, based on the (recalculated) structural budget balance (5), is in line with the structural effort of ¾ % of GDP recommended by the Council. As the Stability Programme does not provide budgetary targets beyond 2013, the sustainability of the budgetary correction in 2013 and progress towards the MTO in the outer years, including compliance with the expenditure benchmark of the Stability and Growth Pact, cannot be assessed.
               The budgetary projections over the programme period are subject to implementation risks. These are not solely restricted to the newly announced consolidation measures, but also to the implementation of some of the measures agreed upon earlier by the outgoing Government. The additional measures proposed by the Government in April 2012 for 2013 and their budgetary impact have been further specified and quantified on 25 May after the cut-off date for assessment. Budgetary adjustment has so far relied mostly on expenditure cuts, which also affect growth-enhancing expenditure. According to the 2012 Stability Programme, the debt-to-GDP ratio is expected to further rise relatively markedly in 2012, to 70,2 % of GDP and to increase slightly further to 70,7 % of GDP in 2013, taking into account the impact of the additional consolidation measures. The debt ratio is thus projected to remain well above the 60 % Treaty reference value. For 2014 and 2015, the Stability Programme does not specify debt targets and, therefore, an assessment of compliance with the debt reduction benchmark of the Stability and Growth Pact beyond 2013 cannot be given.

               (11)

               The Government presented plans to gradually increase the statutory retirement age reaching at the latest 66 in 2019 and 67 in 2024. After that the statutory retirement age will be coupled to life expectancy. Labour market measures would support a corresponding increase in the effective retirement age. In line with the government agreement, the pension reform aims at securing an appropriate and sustainable intra- and inter-generational sharing of costs and risks in the second pillar. With regard to long-term care, the Government has provided a blueprint for reform. Further concrete measures will be necessary to contribute to reducing the financial burden of the ageing society in the Netherlands.

               (12)

               Fiscal disincentives for second-income earners have been reduced but not yet sufficiently so. Removing remaining disincentives would further contribute to raising labour supply and make human capital allocation more efficient. The labour market integration of vulnerable groups should be improved.

               (13)

               In the field of enterprise policy, the top sector agendas have been endorsed and sectoral ‘innovation contracts’ have been signed between the Government and industry representatives. Support to private research is being increased through the introduction of the research and development (RDA+) tax deduction scheme as part of the incentives to further promote innovation, private R & D and closer science-business links. However, the focus on ‘top sectors’ should not come at the cost of fundamental research nor exclude innovative firms that do not belong to one of the ‘top sectors’.

               (14)

               Over the last four decades, structural distortions have built up in the Dutch housing market. In the property market, fundamental supply restrictions and tax incentives for home ownership (notably mortgage interest deductibility favouring higher-income households) have led to an inefficient allocation of capital. In the rental market, with its very large social housing segment, social policies and caps on rent levels and on rent increases have led to a very inelastic supply of rental housing. Modifying the favourable tax treatment of home ownership would contribute to reducing the structural distortions on the Dutch housing market.

               (15)

               The Netherlands has made a number of commitments under the Euro Plus Pact. These commitments, and the implementation of the commitments presented in 2011, relate to fostering employment, improving competitiveness, reinforcing financial stability, and enhancing sustainability of public finances. The Commission has assessed the implementation of the Euro Plus Pact commitments. The results of this assessment have been taken into account in the recommendations.

               (16)

               In the context of the European Semester, the Commission has carried out a comprehensive analysis of the Netherlands’ economic policy. It has assessed the Stability Programme and National Reform Programme. It has taken into account not only their relevance for sustainable fiscal and socioeconomic policy in the Netherlands but also their compliance with EU rules and guidance, given the need to reinforce the overall economic governance of the Union by providing EU-level input into future national decisions. Its recommendations under the European Semester are reflected in recommendations (1) to (5) below.

               (17)

               In the light of this assessment, the Council has examined the Stability Programme, and its opinion (6) is reflected in particular in recommendation (1) below,

         HEREBY RECOMMENDS that the Netherlands take action within the period 2012-13 to:

               1.

               Ensure timely and durable correction of the excessive deficit. To this end, fully implement the budgetary strategy for 2012 as envisaged. Specify the measures necessary to ensure implementation of the 2013 budget with a view to ensuring the structural adjustment effort specified in the Council recommendations under the excessive deficit procedure. Thereafter, ensure an adequate structural adjustment effort to make sufficient progress towards the MTO, including meeting the expenditure benchmark, and ensure sufficient progress towards compliance with the debt reduction benchmark whilst protecting expenditure in areas directly relevant for growth such as research and innovation, education and training. To this end, after the formation of a new Government, submit an update of the 2012 Stability Programme with substantiated targets and measures for the period beyond 2013.

               2.

               Take measures to increase the statutory retirement age, including linking it to life expectancy, and underpin these with labour market measures to support raising the effective retirement age, whilst improving the long-term sustainability of public finances. Adjust the second pension pillar to mirror the increase in the statutory retirement age, while ensuring an appropriate intra- and inter-generational division of costs and risks. Implement the planned reform in long-term care and complement it with further measures to contain the increase in costs, in view of an ageing population.

               3.

               Enhance participation in the labour market, particularly of older people, women, and people with disabilities and migrants, including by further reducing tax disincentives for second-income earners, fostering labour market transitions, and addressing rigidities.

               4.

               Promote innovation, private R & D investment and closer science-business links, as well as foster industrial renewal by providing suitable incentives in the context of the enterprise policy, while safeguarding accessibility beyond the strict definition of top sectors and preserving fundamental research.

               5.

               Take steps to gradually reform the housing market, including by: (i) modifying the favourable tax treatment of home ownership, including by phasing out mortgage interest deductibility and/or through the system of imputed rents, (ii) providing for a more market-oriented pricing mechanism in the rental market, and (iii) for social housing, aligning rents with household income.

      Done at Brussels, 10 July 2012.

            For the Council

            The President

         V. SHIARLY

      (1)  OJ L 209, 2.8.1997, p. 1.

      (2)  Maintained for 2012 by Council Decision 2012/238/EU of 26 April 2012 on guidelines for the employment policies of the Member States (OJ L 119, 4.5.2012, p. 47).

      (3)  OJ C 212, 19.7.2011, p. 13.

      (4)  OJ L 306, 23.11.2011, p. 25.

      (5)  Cyclically-adjusted balance net of one-off and temporary measures, recalculated by the Commission services on the basis of the information provided in the Programme, using the commonly agreed methodology.

      (6)  Under Article 5(2) of Regulation (EC) No 1466/97.


				|

		52013PC0778

			Recommendation for a COUNCIL DECISION on the approval of the conclusion by the Commission, on behalf of the European Atomic Energy Community, of a Protocol to the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the former Yugoslav Republic of Macedonia, of the other part, to take account of the accession of the Republic of Croatia to the European Union /* COM/2013/0778 final */

			   	EXPLANATORY MEMORANDUM
On 24 September 2012 the
Council authorised the Commission to open negotiations, on behalf of the
European Union and its Member States and the Republic of Croatia, with the
former Yugoslav Republic of Macedonia in order to conclude a Protocol to the
Stabilisation and Association Agreement (SAA) between the European Communities
and their Member States, of the one part, and the former Yugoslav Republic of
Macedonia, of the other part, to take account of the accession of the Republic of
Croatia to the European Union.
These negotiations started on 18 December 2012,
following prior technical consultations with the former Yugoslav Republic of Macedonia on the
issue. Further negotiating rounds took place on 25 January and 10 April 2013. The
Government of the former Yugoslav Republic of Macedonia confirmed its agreement with the protocol on 25 October 2013. The
Protocol is updated to reflect the 2013 EU Customs Tariff and the gradual
abolition of duties under the SAA. The text of the protocol is attached.
The
Commission proposes that the Council decides on the signature and provisional
application of the Protocol on behalf of the European Union and concludes the
Protocol on behalf of the European Union and its Member States. The European Atomic Energy Community (EAEC) is also a Party to the
Stabilisation and Association Agreement. For the conclusion of the Protocol on behalf of the
European Atomic Energy Community, the Commission proposes that the Council
gives its approval, pursuant to the second paragraph of Article 101 of the
Treaty establishing the EAEC.
In accordance with Article
101 EAEC Treaty, the decision to sign the agreement is adopted by the
Commission and the decision to conclude the agreement is adopted by the
Commission with the approval of the Council. It is therefore necessary to adopt
separate decisions for the signature and conclusion of the Protocol by the EU
and by the EAEC.
For the conclusion of the
Protocol on behalf of the European Atomic Energy Community, the Commission
proposes that the Council:
–
gives its approval, pursuant to the second
paragraph of Article 101 of the Treaty establishing the EAEC.
Recommendation for a
COUNCIL DECISION
on the approval of the conclusion by the
Commission, on behalf of the European Atomic Energy Community, of a Protocol to
the Stabilisation and Association Agreement between the European Communities
and their Member States, of the one part, and the former Yugoslav Republic of
Macedonia, of the other part, to take account of the accession of the Republic
of Croatia to the European Union
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing
the European Atomic Energy Community, and in particular the second paragraph of
Article 101 thereof,
Having regard to the recommendation from
Commission,
Whereas:
(1)
On 24 September 2012 the Council authorised the
Commission to open negotiations with the former Yugoslav Republic of Macedonia
in order to conclude a Protocol to the Stabilisation and Association Agreement
between the European Communities and their Member States, of the one part, and
the former Yugoslav Republic of Macedonia, of the other part, to take account
of the accession of the Republic of Croatia to the European Union.
(2)
These negotiations have been successfully
completed.
(3)
The conclusion, by the Commission, of the Protocol
should be approved as regards matters falling within the competence of the
European Atomic Energy Community.
(4)
The signature and conclusion of the Protocol is
subject to a separate procedure as regards matters falling within the
competence of the European Union.
HAS DECIDED AS FOLLOWS:
Sole Article
The conclusion by the Commission, on behalf
of the European Atomic Energy Community, of the Protocol to the Stabilisation
and Association Agreement between the European Communities and their Member
States, of the one part, and the former Yugoslav Republic of Macedonia, of the
other part, to take account of the accession of the Republic of Croatia to the
European Union ("the Protocol") is hereby approved.
The text of the Protocol is attached to the
Decision of the Council on the signing and provisional application of a
Protocol to the Stabilisation and Association Agreement between the European
Communities and their Member States, of the one part, and former Yugoslav
Republic of Macedonia, of the other part, to take account of the accession of
the Republic of Croatia to the European Union.
Done at Brussels,
                                                                       For
the Council
                                                                       The
President


Avis juridique important

|

31999Y0115(01)

Recommendation of the European Central Bank of 7 July 1998 regarding the adoption of certain measures to enhance the legal protection of euro banknotes and coins (ECB/1998/7)

Official Journal C 011 , 15/01/1999 P. 0013 - 0015

RECOMMENDATION OF THE EUROPEAN CENTRAL BANK of 7 July 1998 regarding the adoption of certain measures to enhance the legal protection of euro banknotes and coins (ECB/1998/7) (1999/C 11/08)THE GOVERNING COUNCIL OF THE EUROPEAN CENTRAL BANK,Having regard to the Statute of the European System of Central Banks and of the European Central Bank (hereinafter referred to as the 'Statute`) and in particular to Article 34(1) thereof,Whereas Council Regulation (EC) No 974/98 of 3 May 1998 on the introduction of the euro (1), provides for a three-year transitional period between the date of introduction of the euro and the issuance by the European System of Central Banks (hereinafter referred to as the 'ESCB`) and the Member States of euro banknotes and coins;Whereas some institutions and economic agents have issued monetary tokens and banknotes denominated in euro which are without legal tender status; whereas such phenomena are likely to increase as the date for putting euro banknotes and coins into circulation approaches, in some cases with the bona fide purpose of familiarising the public with the new single currency;Whereas the issuance of non-legal tender euro banknotes or coins, even if effected for the purpose of educating the population in advance of the forthcoming changeover to the euro, may give rise to bad practice, fraud and errors, affecting in particular the elderly or the poorly informed;Whereas most Member States have legislation in place which stipulates that the issuance of monetary tokens and banknotes denominated in the national currency unit is restricted to the national monetary authorities; whereas Article 105a(1) of the Treaty establishing the European Community (hereinafter referred to as the 'Treaty`) states that: 'The ECB shall have the exclusive right to authorise the issuance of banknotes within the Community. The ECB and the national central banks may issue such banknotes. The banknotes issued by the ECB and the national central banks shall be the only such banknotes to have the status of legal tender within the Community`; whereas the legal system of Member States should ensure that the unauthorised issuance of banknotes cannot take place;Whereas, for the purposes of this recommendation, non-legal tender banknotes and coins are to be understood as those banknotes and tokens which are either loosely based on the designs for legal tender euro banknotes or coins, or imitate real banknotes or coins and could be mistaken for real banknotes or coins, and are issued with the purpose of being used as means of payment within a limited area, for a limited period of time or for a limited number of goods or services, or which could otherwise create confusion in the field of payments since they are widely distributed;Whereas the changeover to the euro means, in the field of banknotes, that a complete new set of banknote designs and denominations will have to be put in circulation and shall have legal tender status within a geographical area which transcends the current territorial limits within which national banknotes are used; whereas the novelty of the designs means that the general public will not initially be familiar with the new denominations and designs of the euro banknotes and coins; whereas the legal regime applying to counterfeiting within this extended area of banknote circulation differs from one Member State to another; whereas euro banknotes will also be held as reserves outside the geographical boundaries of the Monetary Union, thus leading to a wider geographical scope of circulation; whereas this combination of factors might contribute to an increase in the risk of banknote counterfeiting in the periods prior to and following the date of issuance of the euro banknotes;Whereas the risks of counterfeiting are likely to increase given the technological means currently available for banknote reproduction; whereas technical devices are now available to detect banknotes in colour copying and scanning machinery and to impede their reproduction; whereas euro banknotes will be equipped with the technological features necessary to ensure the effectiveness of such technical devices; whereas legal means ought to be considered to impose such technical devices on colour copiers and scanning machinery within the European Community in order to protect economic agents from the increased risks of banknote counterfeiting; whereas the Council resolution of 18 December 1997 which lays down the priorities for cooperation in the field of justice and home affairs for the period from 1 January 1998 to the date of entry into force of the Treaty of Amsterdam (2) gave priority to combating the use of new technology for criminal purposes and to using such technology to combat crime;Whereas the efforts to prevent counterfeiting concern both the Community, by virtue of its competence in respect of the single currency, and the Member States, by virtue of their competence in the sphere of criminal law and policies to combat organised crime;Whereas, however, the ESCB has a vested interest in taking all the steps necessary to ensure a smooth transition to the full introduction of the euro and the acceptance of euro banknotes by the public; whereas such an interest requires formulating a recommendation which lays down certain policy objectives, whilst leaving the competent authorities of the European Union and of the Member States to consider such objectives and to adopt the appropriate measures for their implementation;Whereas the Council of the European Union and the Member States should consider the forthcoming issuance of single currency banknotes as an event that ought to lead to a review of the current policies adopted by Member States to combat counterfeiting;Whereas Article K.1 of the Treaty on European Union provides for the cooperation of police forces to prevent and combat serious forms of international crime; whereas Article 2(2) of the Europol Convention of 26 July 1995 (3) requires a unanimous decision by the Council of the European Union to instruct the European Police Office to deal with the forgery of money and means of payment; whereas the European Commission could also be entrusted with such cooperation between national police forces in the field of the forgery of money and means of payment; whereas such cooperation should ideally be fully established before euro banknotes and coins are introduced,HAS ADOPTED THIS RECOMMENDATION:1. Member States and Community institutions should not promote but rather discourage and strictly control the issuance, holding and use of non-legal tender euro banknotes and coins, in particular prior to 1 January 2002.2. Member States should avail themselves of the legal means necessary to ensure due compliance with the prohibition on the issuance of unauthorised banknotes, as laid down in Article 105a(1) of the Treaty. Existing national legislation protecting the exclusive right of national central banks to issue national banknotes should, where necessary, be adapted before 2002 to cover the exclusive right conferred on the ECB by the Treaty with regard to banknotes.3. Member States should ensure that banknote designs may legally benefit from copyright protection.4. The Council of the European Union, the European Commission and the Member States should consider a review of current policies to combat counterfeiting, with the aim of establishing such a campaign as a matter of common interest, evaluating the need for harmonisation of penal laws in the field of counterfeiting, achieving increased institutional, judicial and police cooperation, drawing up new conventions to this end, seeking to strengthen coordination with non-European Union governments and organisations, analysing the new technological means available for counterfeiting banknotes and carrying out or considering any other possible measures.5. Consideration should be given to organising cooperation between national police forces in the field of the forgery of money and means of payment, either through the European Police Office (Europol) or the European Commission, and to involving the ECB in such tasks.6. The European Commission and the Member States should consider proposing any legal measures necessary to ensure that counterfeit euro banknotes are retained, when detected, by credit institutions and other entities receiving and handling cash, and subsequently handed over to the appropriate law enforcement authorities.7. Community legislation should be considered which would make compulsory the installation of technical devices in colour copiers and machinery capable of graphic reproduction - whether manufactured in the Community or imported from outside - that would permit the identification of banknotes and impede their reproduction.In order to ensure that a similar regime is followed in other countries, it is recommended that an international convention be prepared in parallel.8. This recommendation is addressed to the Council of the European Union, the European Parliament, the European Commission and the Member States.9. This recommendation will be published in the Official Journal of the European Communities.Done at Frankfurt am Main, 7 July 1998.The President of the ECBWillem F. DUISENBERG(1) OJ L 139, 11.5.1998, p. 1.(2) OJ C 11, 15.1.1998, p. 1.(3) OJ C 316, 27.11.1995, p. 2.