title: Recommendation to the Council on the 65th Session of the United Nations General Assembly European Parliament recommendation to the Council of 25 March 2010 on the 65th Session of the United Nations General Assembly (2010/2020(INI))

text:
               7.1.2011

               EN

               Official Journal of the European Union

               CE 4/49

         Thursday 25 March 2010Recommendation to the Council on the 65th Session of the United Nations General Assembly
   P7_TA(2010)0084
   European Parliament recommendation to the Council of 25 March 2010 on the 65th Session of the United Nations General Assembly (2010/2020(INI))
   2011/C 4 E/08

      The European Parliament,
   having regard to the proposal for a recommendation to the Council by Alexander Graf Lambsdorff on behalf of the ALDE Group on the European Union priorities for the 65th Session of the UN General Assembly (B7-0243/2009),
   having regard to the European Parliament recommendation of 24 March 2009 to the Council on the EU priorities for the 64th session of the UN General Assemblyrotection of global climate for present and future generations of humankin (1),
   having regard to the EU priorities for the 64th United Nations General Assembly adopted by the Council on 9 June 2009 (10809/09),
   having regard to the 64th General Assembly of the United Nations (UNGA), in particular that body's resolutions on ‘Towards global partnerships’ (2), ‘Women in development’ (3), ‘International Strategy for Disaster Reduction’ (4), ‘Harmony with Nature’ (5), ‘Situation of human rights in the Islamic Republic of Iran’ (6), ‘Promotion of equitable geographical distribution in the membership of the human rights treaty bodies’ (7), ‘Enhancement of international cooperation in the field of human rights’ (8), ‘Globalisation and its impact on the full enjoyment of all human rights’ (9), ‘Strengthening United Nations action in the field of human rights through the promotion of international cooperation and the importance of non-selectivity, impartiality and objectivity’ (10), ‘Promotion of a democratic and equitable international order’ (11), ‘Rights of the child’ (12), ‘The girl child’ (13), ‘Report of the Human Rights Council’ (14), ‘Protection of global climate for present and future generations of humankind’ (15), ‘Comprehensive Nuclear-Test-Ban Treaty’ (16), ‘Towards a nuclear-weapon-free world: accelerating the implementation of nuclear disarmament commitments’ (17), ‘Nuclear disarmament’ (18), ‘Promotion of multilateralism in the area of disarmament and non proliferation’ (19),
   having regard to the United Nations Millennium Development Goals and the EU Member States’ aid commitments to tackle hunger and poverty,
   having regard to the forthcoming 2010 Review Conference of the Parties to the Treaty on the Non-Proliferation of Nuclear Weapons (NPT), the reviews of the Millennium Development Goals (MDGs), the Human Rights Council (HRC) and the Peacebuilding Commission (PBC),
   having regard to the United Nations Framework Convention on Climate Change (UNFCCC) and to the Kyoto Protocol to the UNFCCC,
   having regard to its resolution of 16 December 2009 on the prospects for the Doha Development Agenda (DDA) following the Seventh WTO Ministerial Conference (20),
   having regard to its resolution of 25 November 2009 on the EU strategy for the Copenhagen Conference on Climate Change (COP 15) (21),
   having regard to its resolution of 22 October 2009 on democracy building in the EU's external relations (22),
   having regard to its resolution of 8 October 2009 on the effects of the global financial and economic crisis on developing countries and on development cooperation (23),
   having regard to its resolution of 7 May 2009 on gender mainstreaming in EU external relations and peace-building/nation-building (24),
   having regard to its resolution of 24 April 2009 on non-proliferation and the future of the Treaty on the Non-Proliferation of Nuclear Weapons (NPT) (25),
   having regard to its declaration of 22 April 2009 on the ‘Say NO to Violence against Women’ campaign (26),
   having regard to its resolution of 24 March 2009 on MDG contracts (27),
   having regard to its resolution of 9 June 2005 on the reform of the United Nations (28),
   having regard to Rule 121(3) and Rule 97 of its Rules of Procedure,
   having regard to the report of the Committee on Foreign Affairs and the opinion of the Committee on Development (A7-0049/2010),

               A.

               whereas the UN system, with the legitimacy that stems from its global membership, continues to be central for shaping and enhancing global decision-making and facing global challenges through effective multilateralism based on international law, the principles enshrined in the UN Charter as well as the common commitment to the implementation of the goals adopted at the UN World Summit 2005,

               B.

               whereas the European Union is committed to multilateral cooperation and the strengthening of the United Nations system; whereas, therefore, the EU should be a driving force in the efforts to reform the organisation and continue to be a firm supporter of its important role in the international system,

               C.

               whereas the current structure of the UN Security Council does not reflect the realities and needs of the 21st century; whereas the UN Secretary General regards reform of the Security Council as part of the ongoing efforts to make this indispensable organ more broadly representative and efficient,

               D.

               whereas the EU and its Member States are the largest contributors to the UN system providing around 40 per cent of the assessed budget of the UN, over 40 per cent of the peacekeeping costs and 12 per cent of troops, as well as over half of the core funding of the UN funds and programmes,

               E.

               whereas, according to the Treaty of Lisbon, the European Union will now be represented in external relations and international fora by a single entity, the Vice-President of the Commission/High Representative of the Union for Foreign Affairs and Security Policy (‘the Vice-President/High Representative’) supported by a new EU diplomatic service; whereas the Treaty of Lisbon has also brought changes to the prerogatives of the Union’s external policies such as the greater integration of the different components of the Union’s external action, notably development policy,

               F.

               whereas the EU will have to succeed the EC as observer to the UN General Assembly (UNGA) and other UN bodies, as a party to a number of UN conventions, and, in a few exceptional cases such as the FAO, as a member,

               G.

               whereas the EU Member States recently split over whether to attend the Durban review conference on racism; whereas differences emerged in the EU’s scrutiny of China’s human rights performance in the UNHRC and in the vote on the Goldstone report; whereas all this has been to the detriment of the EU’s influence and its capacity to assert its values in the UN,

               H.

               whereas increasing and uncontrolled nuclear proliferation poses an ever greater threat to the free world; whereas the reinforcement of all three pillars of the Non-proliferation Treaty (NPT), namely non-proliferation, disarmament and cooperation on the civilian use of nuclear energy, will be central at the upcoming NPT Review Conference,

               I.

               whereas, by supporting the Millennium Declaration on development in the year 2000, the European Union undertook to halve the incidence of extreme poverty worldwide by the year 2015, while concentrating its efforts on the progress of the eight Millennium Development Goals (MDGs),

               J.

               whereas a new impetus must be given by the institutional innovations on the gender architecture within the UN system in order to achieve a holistic and coherent approach to gender mainstreaming and women’s empowerment,

               K.

               whereas negotiations on a comprehensive and legally binding international post-2012 agreement on climate change should result in an agreement in Mexico City in December 2010; whereas climate change may exacerbate the potential for conflicts over natural resources,

         1.   Addresses the following recommendations to the Council:

         The European Union at the United Nations

               (a)

               to strengthen, through enhanced dialogue with key partners, effective multilateralism in order to build a stronger UN; to foster the common, coherent and consistent EU approach at the UN that third parties expect,

               (b)

               to seek to project itself within the UN system as an honest broker between different membership groups in order to promote common understanding and greater cohesion across the three pillars of the United Nations (peace and security, development and human rights); to actively promote and systematically address the importance of effective multilateralism in its bilateral dialogues,

               (c)

               to push for solutions that allow the Union's empowered external role and increased responsibility to be more visible for the UN Member States, especially with regard to the allocation of adequate speaking time and the right of initiative at the UNGA; to make comprehensive use of all European external action tools to perform effective and coherent EU actions at the UN and to ensure that the EU Delegation to the United Nations in New York is adequately equipped to cope with its enhanced role, particularly in terms of staff,

               (d)

               to ensure that the EU speaks with a single voice in order to make its position heard, while drawing lessons from the climate conference in Copenhagen in December 2009,

               (e)

               to ensure that the Union's values and interests are represented in an effective and coherent way in the UN system; in this context, to strive to ensure that nominations from EU Member States for important UN posts, which have been agreed amongst EU Member States, receive the Union's full support; to project itself as a cohesive force that is able to deliver, especially on significant votes, in order to arrive at unified positions,

               (f)

               to seek more substantive cooperation and dialogue with the new US administration and with emerging global and regional players like China, India and Brazil, with the aim of finding a common agenda and common solutions to global challenges within a multilateral framework,

               (g)

               to improve, given the EU's new potential for internal coordination and external representation, the Union's long-term planning specifically with regard to major upcoming UN events such as the MDG Review and the NPT Review Conference in 2010, as well as the reviews of the Human Rights Council and the Peacebuilding Commission (PBC) in 2011,

         Global governance and UN reform

               (h)

               to take a lead in the current debate on global governance and to ensure that clear bridges exist between the work of the G20 and the UN, as the legitimate body for global action,

               (i)

               to take tangible action and new initiatives in supporting the reform process of the UN system, stressing the need for a comprehensive reform of the Security Council in all its aspects,

               (j)

               to urge the Vice-President/High Representative to build a more cohesive position among EU Member States on the reform of the UN Security Council and to advance this position at the UN; to emphasise that an EU seat in an enlarged Security Council remains a goal of the European Union,

               (k)

               to promote stronger participation by national and transnational parliaments in UN activities with the aim of strengthening the democratic nature of the United Nations, its programmes and its agencies and to support initiatives by civil society and parliaments to this end,

               (l)

               to step up efforts to revitalise the UN General Assembly in concerted action with key partners by translating suggestions from the Ad Hoc Working Groups and recommendations by UN officials such as the President of the 64th UNGA into concrete steps to enhance the Assembly's role, authority, performance and efficiency, as well as to increase the transparency of its work,

               (m)

               to contribute to implementing the new gender architecture as well as relevant institutional innovations with a view to creating a more coherent composite entity as soon as possible that works towards promoting gender equality and the protection and empowerment of women, including in conflict and post-crisis situations,

         Peace and Security

               (n)

               to fully support the efforts of the UN Secretary General to better define the notion of the principle of the Responsibility to Protect (R2P), to stress its importance in preventing conflicts while encouraging its implementation,

               (o)

               to support the initiative of the EU Member States to adopt a UN resolution on sea-dumped chemical weapons and the threat they present to ecology, health, security and the economy, as well as on the need to strengthen international and regional cooperation on this issue and to exchange information, experience and technologies on a voluntary basis,

      Crisis management, Peacekeeping and Peacebuilding

               (p)

               to contribute to enhancing UN peacekeeping capacities in order to diminish the risk of overstretching and to promote the incorporation of the peacebuilding concept into peacemaking action; to take a lead in finding a new horizon for UN peacekeeping by emphasising civilian-military synergies and by improving coordination between various regional partners, in particular between the EU and the African Union,

               (q)

               to improve, within the framework of the EU-UN partnership, joint deployments in UN-mandated peace missions; to encourage the respective UN bodies to further strengthen international and regional peacemaking partnerships, especially in order to ensure the best possible use of limited resources,

               (r)

               to strive for a coherent EU position and actions with regard to the review of the PBC in 2011; to support efforts to expand the role of the PBC in facilitating and ensuring the sustainability of peace agreements and to strengthen its advisory role vis-à-vis the Security Council,

               (s)

               to continue to foster EU-UN cooperation in the area of post-crisis recovery and to aim at comprehensive approaches to sustaining peace, preventing conflicts and addressing a wide range of political, economic, social and environmental conditions that contribute to the escalation of conflicts in societies,

      Nuclear disarmament and non-proliferation, conventional disarmament and arms control, fight against terrorism

               (t)

               to work coherently, consistently and efficiently with EU Member States towards achieving a successful outcome of the 2010 NPT Review Conference; to commit to the aim of complete nuclear disarmament in line with UN Security Council resolution 1887 endorsing the goal of a nuclear-weapons-free world once the conditions are met, and disarmament under strict and effective international control; to deepen its dialogue with all nuclear powers to pursue a common agenda and a specific timetable aimed at progressive reduction and eventual elimination of the nuclear warheads stockpile whilst improving the means for verification; to urge the ratification and the entry into force of the Comprehensive Nuclear-Test-Ban Treaty (CTBT)(AM 49),

               (u)

               to support the US administration in its declared commitment to global nuclear disarmament encouraged by President Obama's vision of a world without nuclear weapons and to welcome the different initiatives taken by some EU Member States to negotiate the withdrawal of nuclear weapons on European territory in full cooperation with Russia in order to have a proportionate withdrawal,

               (v)

               to underline the need for effective arms control, including small arms and ammunitions containing depleted uranium, and to exercise its influence in support of wider, more practical and effective disarmament efforts and measures; to stress the need for full implementation of the Chemical Weapons Convention (CWC), the Biological and Toxin Weapons Convention (BTWC), the Convention on Cluster Munitions (CCM), and the Anti-Personnel Mines Convention (APMC), underlining at the same time the need for further development of the international regime against proliferation of weapons of mass destruction,

               (w)

               to strengthen cooperation and coordination with key partners in the fight against terrorism on the basis of full respect for international law and human rights, and to support the UN's multilateral counter-terrorism efforts (including steps to bring the UN Terrorist List system into line with the standards of international human rights law) as well as the effective implementation of its Global Counter-Terrorism Strategy; to step up efforts to reach an agreement and conclude a comprehensive convention on international terrorism; to cooperate closely when the lives of hostages are at risk,

         Development and climate change

               (x)

               to exercise leadership in strengthening the effectiveness of UN development assistance since the current fragmentation may lead to progressive marginalisation of the UN as a primary actor in development; to insist on a more coherent UN programming and operational framework to help maximise the impact of UN development assistance,

               (y)

               to insist that the crisis not be used as an excuse to avoid or delay the necessary global response to climate change and environmental degradation, and instead use the response to the crisis as an opportunity to establish the basis of a new and modern green economy; in this context the Green Economy Initiative, which was initiated by the United Nations Environment Programme, should be fully supported and the related discussions on a Global Green New Deal should be encouraged,

               (z)

               to stress the need for sustainable economic growth and development,

               (aa)

               to reassert the principle that development aid policy should be designed in partnership with recipient countries,

      Millennium Development Goals

               (ab)

               in preparation for the MDG Review Conference, to reconfirm its commitment to the MDG targets to be reached by 2015; to urge all partners to do the same, pointing to the fact that donors are falling short on their 2005 pledges on annual aid flows and that overall progress has been too slow for most of the goals to be met by 2015,

               (ac)

               to exercise strong leadership in view of the high-level plenary meeting on the MDGs, promoting in particular the following objectives:

                           —

                           reconfirmation of the MDG objectives and targets as the minimum to be achieved by 2015, fighting any attempts to dilute, weaken or delay the promises made;

                           —

                           agreement by developed and developing countries on accelerated action, including clear, concrete plans and commitments, as the world falls far short of the MDGs’ promise and more than one billion people still live in extreme poverty, with this figure expected to increase;

                           —

                           a clear signal that a new, even more ambitious agenda for poverty eradication will be adopted before 2015, ensuring continued efforts towards full eradication of poverty;

                           —

                           pushing for better coordination between UN agencies and a more coherent UN operational framework to avoid fragmentation in order to achieve the MDGs,

               (ad)

               to communicate in the strongest terms that, as well as being a moral obligation, achieving the MDGs will also make a major contribution to promoting international prosperity, stability, security and social justice,

               (ae)

               to underline that the international community has to make additional efforts to tackle the adverse effects of the global economic crisis and climate change on developing countries; propose innovative funding mechanisms such as an international tax on financial transactions,

               (af)

               to make concrete commitments to ensure better coordination, policy coherence and the fulfilment of MDG 8 as well as to reduce the financing gap in order to reach the 2010 Gleneagles target of approximately USD 154 billion (at 2008 prices) in total ODA,

               (ag)

               to reassert, in the framework of the high-level plenary meeting on the MDGs, its collective commitment to allocate 0,7 % of GNI on ODA by 2015, based on clear and binding timetables for each Member State,

               (ah)

               to insist not to use MDG funds to tackle the consequences of the financial and climate change crises; instead to mobilise additional funds and launch more effective action to reach goals where progress has been extremely limited, such as on MDG5 (maternal health) and MDG4 (child mortality); to focus attention on reactivating MDGs according to an agenda and roadmap for the period 2010-2015,

         Climate change

               (ai)

               to promote a debate in view of the forthcoming Conference of the Parties to the UN Framework Convention on Climate Change (COP16) in Mexico in December 2010 and to start building consensus on the adoption of a new binding international agreement on climate change for the period post-2012,

               (aj)

               to avoid the organizational and structural mistakes of COP15 in Copenhagen which failed to deliver an international binding agreement, by suggesting specific voting rules, based on significant majorities, in order to facilitate progress in the negotiations,

         Human Rights

      Institutional issues

               (ak)

               to urge the Vice-President/High Representative to speak with one voice on behalf of all EU Member States when addressing human rights issues, and also to call on each Member State to emphasise those unified EU positions in order to give them more weight, taking into account that, in accordance with Article 21 of the TEU, the universality and indivisibility of human rights and fundamental freedoms is one of the principles that shall guide the Union’s action on the international scene, and that the support of democracy and human rights is one of the objectives of its external action,

               (al)

               to achieve, in early and substantive dialogue with EU Member States and the UN membership, an efficient proactive negotiation strategy as well as a common position on the 2011 review of the Human Rights Council (HRC), considering that the review of the working methods will be conducted in Geneva, while the status of the body will be debated in New York; to strengthen the Third Committee, with its universal membership, as a communication channel for the human rights cases discussed by the HRC, bearing in mind that the Third Committee could also offset the HRC's shortcomings,

               (am)

               to agree with cross-regional partners in the HRC review on membership criteria and set of guidelines to be used during the election of the HRC; to foster the strengthening of the HRC and the Special Procedures without opening up the Institution Building package and by preserving the independence of the Office of the High Commissioner for Human Rights (HCHR); to support the possibility for the HRC to address specific human rights violations in country resolutions,

               (an)

               to support the new Assistant Secretary General at the Office of the UN High Commissioner for Human Rights (OHCHR) in order to integrate human rights aspects into key policy and management decisions at the UN Headquarters in New York,

      Human rights issues

               (ao)

               to strongly advocate that the UNGA continue to address country specific situations in resolutions while working to avoid the use of ‘No Action Motions’,

               (ap)

               to exercise leadership in the promotion and protection of human rights, including the rights of members of vulnerable groups and minorities, freedom of expression and free media, freedom of religion, the rights of the child, the protection of human rights defenders and cooperation with civil society,

               (aq)

               to strongly advocate the prioritization of human rights in formulating a response to the global financial slowdown, because its negative impact is disproportionately felt by the already marginalized sectors of the population in many countries where the enjoyment of human rights is severely curtailed or completely undermined,

               (ar)

               concentrate efforts to reinforce the global trend towards the abolition of death penalty by seeking the adoption of the relevant resolution on the death penalty; to support all efforts to eradicate torture and particularly to encourage the adoption of the Optional Protocol to the UN Convention on Torture,

      Gender mainstreaming and empowerment of women

               (as)

               to strive to empower more women so they can fulfil their vital role in contributing to sustainable peace, security and reconciliation as well as to promote their participation in mediation and conflict resolution, also in view of the upcoming 10th anniversary of UNSC Resolution 1325; to encourage those EU Member States who have not yet become active in this respect to produce national action plans (NAPs) to implement the resolution,

               (at)

               to show its deep commitment to UNSC Resolution 1325 adopted in 2000 by taking part in the events commemorating its 10th anniversary,

               (au)

               to combat resolutely and with all means rape and sexual violence as a weapon of war; to advocate that these crimes should be punished as war crimes and crimes against humanity and that victims of such crimes benefit from specific support programmes; to support the UN Secretary General's newly appointed Special Representative on the Fight against Sexual Violence in Conflicts,

         Final recommendations

               (av)

               to make efforts to include a separate item on the agenda of the 65th UNGA concerning cooperation between the United Nations Organization, regional assemblies, national parliaments and the Interparliamentary Union (IPU) in order to foster debate on how parliamentarians, national parliaments and regional parliamentary assemblies can play a more active role in the United Nations, in compliance with the decision that was taken by the 63rd UNGA in its resolution on ‘Cooperation between the United Nations and the Interparliamentary Union’ (A/RES/63/24);

         *
   * *
   2.   Instructs its President to forward this recommendation to the Vice-President/High Representative, the Council and, for information, to the Commission.

      (1)  Texts adopted, P6_TA(2009)0150.

      (2)  A/RES/64/223.

      (3)  A/RES/64/217.

      (4)  A/RES/64/200.

      (5)  A/RES/64/196.

      (6)  A/RES/64/176.

      (7)  A/RES/64/173.

      (8)  A/RES/64/171.

      (9)  A/RES/64/160.

      (10)  A/RES/64/158.

      (11)  A/RES/64/157.

      (12)  A/RES/64/146.

      (13)  A/RES/64/145.

      (14)  A/RES/64/143.

      (15)  A/RES/64/73.

      (16)  A/RES/64/69.

      (17)  A/RES/64/57.

      (18)  A/RES/64/53.

      (19)  A/RES/64/34.

      (20)  Texts adopted, P7_TA(2009)0110.

      (21)  Texts adopted, P7_TA(2009)0089.

      (22)  Texts adopted, P7_TA(2009)0056.

      (23)  Texts adopted, P7_TA(2009)0029.

      (24)  Texts adopted, P6_TA(2009)0372.

      (25)  Texts adopted, P6_TA(2009)0333.

      (26)  Texts adopted, P6_TA(2009)0259.

      (27)  Texts adopted, P6_TA(2009)0152.

      (28)  OJ C 124 E, 25.5.2006, p. 549.


title: Council Recommendation of 12 July 2016 on the 2016 National Reform Programme of Austria and delivering a Council opinion on the 2016 Stability Programme of Austria

text:
               18.8.2016

               EN

               Official Journal of the European Union

               C 299/57

         COUNCIL RECOMMENDATION
   of 12 July 2016
   on the 2016 National Reform Programme of Austria and delivering a Council opinion on the 2016 Stability Programme of Austria
   (2016/C 299/14)
   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 resolutions of the European Parliament,
   Having regard to the conclusions of the European Council,
   Having regard to the opinion of the Employment Committee,
   Having regard to the opinion of the Economic and Financial Committee,
   Having regard to the opinion of the Social Protection Committee,
   Having regard to the opinion of the Economic Policy Committee,
   Whereas:

               (1)

               On 26 November 2015, the Commission adopted the Annual Growth Survey, marking the start of the 2016 European Semester for economic policy coordination. The priorities of the Annual Growth Survey were endorsed by the European Council on 17-18 March 2016. On 26 November 2015, on the basis of Regulation (EU) No 1176/2011 of the European Parliament and of the Council (2), the Commission adopted the Alert Mechanism Report, in which it identified Austria as one of the Member States for which an in-depth review would be carried out. On the same day, the Commission also adopted a recommendation for a Council Recommendation on the economic policy of the euro area. This Recommendation was endorsed by the European Council on 18-19 February 2016 and adopted by the Council on 8 March 2016 (3). As a country whose currency is the euro and in view of the close interlinkages between the economies of the economic and monetary union, Austria should ensure the full and timely implementation of the Recommendation.

               (2)

               The 2016 country report for Austria was published on 26 February 2016. It assessed Austria's progress in addressing the country-specific recommendations adopted by the Council on 14 July 2015 and Austria's progress towards its national Europe 2020 targets. It also included the in-depth review under Article 5 of Regulation (EU) No 1176/2011. On 8 March 2016, the Commission presented the results of the in-depth review. The Commission's analysis leads it to conclude that Austria is not experiencing macroeconomic imbalances.

               (3)

               On 26 April 2016, Austria submitted its 2016 National Reform Programme and on 27 April 2016 it submitted its 2016 Stability Programme. In order to take account of their interlinkages, the two programmes have been assessed at the same time.

               (4)

               Relevant country-specific recommendations have been addressed in the programming of the European Structural and Investment Funds for the 2014-2020 period. As foreseen in Article 23 of Regulation (EU) No 1303/2013 of the European Parliament and of the Council (4), where it is necessary to support the implementation of relevant Council recommendations, the Commission may request a Member State to review and propose amendments to its Partnership Agreement and relevant programmes. The Commission has provided further details on how it would make use of this provision in guidelines on the application of the measures linking effectiveness of the European Structural and Investment Funds to sound economic governance.

               (5)

               The Stability Programme indicates that the budgetary impact of the exceptional inflow of refugees is significant and provides adequate evidence of the scope and nature of these additional budgetary costs. According to the Commission, the eligible additional expenditure amounted to 0,09 % of GDP in 2015 and is currently estimated at 0,26 % of GDP in 2016. These amounts represent an upward revision with respect to the estimates provided by the 2016 draft budgetary plan, which expected additional expenditure at around 0,08 % of GDP and 0,16 % of GDP in 2015 and 2016 respectively. The provisions set out in Article 5(1) and Article 6(3) of Regulation (EC) No 1466/97 cater for this additional expenditure, in that the inflow of refugees is an exceptional event, its impact on Austria`s public finances is significant and sustainability would not be compromised by allowing for a deviation from the adjustment path towards the medium-term budgetary objective. In 2015, as Austria was at its medium-term budgetary objective, it did not make use of the possible temporary deviation. However, in order to ensure that Austria is allowed the same temporary deviation as countries not yet at their medium-term budgetary objective, Austria will be allowed to deviate from its medium-term budgetary objective in 2016 and 2017 by the amount considered eligible for 2015. Regarding possible additional deviation in 2016, a final assessment, including on the eligible amounts, will be made in spring 2017 on the basis of observed data as provided by the Austrian authorities.

               (6)

               Austria is currently in the preventive arm of the Stability and Growth Pact and subject to the transitional debt rule. In its 2016 Stability Programme, the Government expects that the headline deficit will deteriorate to 1,6 % of GDP in 2016 and then gradually improve to 0,4 % of GDP in 2020. The medium-term budgetary objective — a structural deficit of 0,45 % of GDP until 2016 and revised to become a structural deficit of 0,5 % of GDP as from 2017 — is foreseen to be met from 2018 onwards. However, based on the recalculated structural balance, the medium-term budgetary objective would only be met as from 2019. According to the Stability Programme, the government debt-to-GDP ratio is expected to have peaked at 86,2 % in 2015 and to gradually decline to 76,6 % in 2020. The macroeconomic scenario underpinning these budgetary projections is plausible. At the same time, the measures needed to support the planned deficit targets from 2017 onwards have not been sufficiently specified. Based on the Commission 2016 spring forecast, there is a risk of some deviation in 2016. However, if the additional impact of the exceptional inflow of refugees currently projected for 2016 is also excluded from the assessment, Austria would be expected to comply with the provisions of the Stability and Growth Pact in 2016. Under unchanged policies, there is a risk of a significant deviation from the recommended adjustment in 2017. However, the projected deviation in 2017 would no longer be significant after considering the further allowance linked to the budgetary impact of the exceptional inflow of refugees possibly granted for 2016. Austria is forecast to comply with the transitional debt rule in 2016 and, following the end of the transition period, the debt reduction benchmark in 2017. Based on its assessment of the Stability Programme and taking into account the Commission 2016 spring forecast, the Council is of the opinion that there is a risk that Austria will not comply with the provisions of the Stability and Growth Pact. Therefore further measures will be needed to ensure compliance in 2016 and 2017.

               (7)

               The budgetary effect of the recent tax reform still represents an element of uncertainty. When taking measures to ensure fiscal sustainability, account should be taken of the fact that, despite recent reforms, the tax burden on labour remains high and Austria has a high tax wedge in comparison with other European countries. Meanwhile, more growth-friendly taxation sources which allow the reduction of the tax burden on labour are under-utilised. Taking steps to reduce the tax burden on labour by shifting the tax burden to other sources less detrimental to growth would help to address this problem.

               (8)

               In 2015 the employment rate of people aged between 55 and 64 was 46,3 % (EU-average: 53,3 %) and ranked 19th in comparison with other Member States. Additional measures to increase the effective retirement age have been in force since 2014 and have had some effect. It remains to be seen whether these measures will reverse a trend whereby the effective retirement age in Austria lags behind the average in the Union in the medium term. In addition, the duration of retirement is increasing, due to higher life expectancy. The statutory retirement age for women will be increased and aligned only gradually with that of men, starting in 2024 and ending in 2033. In Austria, the statutory retirement age is not linked to increasing life expectancy. The Commission estimates that, in 2040, pension expenditure will increase by 0,8 % of GDP compared with 2013. In the long run (2060), pension expenditure is expected to increase by 0,5 % of GDP. Similarly, healthcare expenditure is expected to increase between 2013 and 2040 by 1 % of GDP, and by 1,3 % of GDP in 2060. This, together with the projected increase in expenditure on long-term care, qualifies as a medium risk for Austria's fiscal sustainability.

               (9)

               The fiscal arrangements across the various layers of government (federal, state and local levels) are complex and revenue and expenditure responsibilities are not aligned in many policy areas, such as health care. While, according to 2014 OECD data, sub-national governments have policy responsibilities amounting to general government spending of 16 % of GDP, the share of sub-national taxes is only at around 2 % of GDP. These complexities are costly and may decrease budgetary discipline. The allocation of revenues between the three levels of government is currently being negotiated for the period starting in 2017, thus providing an opportunity to address this matter.

               (10)

               Austria has traditionally one of the lowest unemployment rates in the Union. However, it has been increasing since 2011 and reached 5,7 % in 2015. The youth unemployment rate is also low: 10,6 % of active 15-24 year olds in 2015. Austria also has a high employment rate. However, while the female employment rate is, at 70,2 %, above the EU average, a comparatively large proportion of women works part-time, because of childcare obligations or care for the elderly. This contributes to one of the highest gender pay gaps in the Union and a high gender pension gap. For older workers (aged 55 to 64), the employment rate is below the EU average.

               (11)

               Austria has already exceeded its national Europe 2020 targets for education. In 2015, the early school leaving rate was 7,3 % and the tertiary attainment rate was 38,7 %. However, education outcomes depend heavily on socioeconomic background. Inter-generational mobility in education is among the lowest of all OECD countries for which data is available. The drop-out rate of pupils with a migrant background is more than three times higher than that of those without a migrant background and there is an additional challenge to integrate young refugees and migrants of compulsory school age and above into the education and training system.

               (12)

               While there are challenges for Austrian banks on both domestic and foreign markets, supervisory action at national and European level has helped to address risks from deteriorating asset quality in central, eastern, and south-eastern Europe. Regarding the restructuring and winding-down of distressed financial institutions, the fiscal risks have already been factored into government accounts. While further risks cannot be excluded, they seem to be limited to legacy issues for a few specific institutions.

               (13)

               Austria has a higher investment rate than the EU average for all components of GDP, except dwellings. However, investment in Austria has been weak since 2012, despite solid corporate liquidity and favourable financing conditions. In order to stimulate investment and growth, administrative complexities and hurdles should be removed. For example, regulatory barriers and administrative burden in the area of provision of services are not conducive to opening new businesses. Regarding barriers to the setting-up of interdisciplinary companies, as referred to in the 2015 country-specific recommendations, Austria has started to consider improvements, but no decisions have yet been taken. In business services, particular challenges stem from the restrictive authorisation requirements and, as regards certain professions, from restrictions on legal form and shareholding resulting in low market dynamics and negative productivity growth. The action plan submitted by Austria as a result of the mutual evaluation on access to and practice of regulated professions proposes only a limited number of actions, whereas there is clear scope for more ambitious proposals.

               (14)

               The high influx of refugees experienced in the past year has a number of social and economic consequences for Austria. While in the short run, the inflow of refugees is set to increase public expenditure and to create additional domestic demand, thereby raising GDP, the medium-term effect on employment and growth hinges on refugees' successful labour market and social integration, including via educational support. This issue is high on the political agenda both at the Union and Member State level and will be monitored and analysed closely, including in the 2017 country report.

               (15)

               In the context of the European Semester, the Commission has carried out a comprehensive analysis of Austria's economic policy and published it in the 2016 country report. It has also assessed the Stability Programme and the National Reform Programme and the follow-up given to the recommendations addressed to Austria in previous years. It has taken into account not only their relevance for sustainable fiscal and socioeconomic policy in Austria but also their compliance with EU rules and guidance, given the need to strengthen the EU's overall economic governance by providing EU-level input into future national decisions. The recommendations under the European Semester are reflected in recommendations (1) to (3) below.

               (16)

               In the light of this assessment, the Council has examined the Stability Programme, and its opinion (5) is reflected in particular in recommendation (1) below.

         HEREBY RECOMMENDS that Austria take action in 2016 and 2017 to:

               1.

               Ensure that the deviation from the medium-term budgetary objective in 2016 and in 2017 is limited to the allowance linked to the budgetary impact of the exceptional inflow of refugees in 2015, and to that effect achieve an annual fiscal adjustment of 0,3 % of GDP in 2017 unless the medium-term budgetary objective is respected with a lower effort. Ensure the sustainability of the healthcare system, and of the pension system by linking the statutory pension age to life expectancy. Simplify, rationalise and streamline fiscal relations and responsibilities across the various layers of government.

               2.

               Improve the labour market participation of women. Take steps to improve the educational achievements of disadvantaged young people, in particular those from a migrant background.

               3.

               Reduce, in the area of services, administrative and regulatory barriers for investments, such as restrictive authorisation requirements and restrictions on legal form and shareholding, and impediments to setting up interdisciplinary companies.

      Done at Brussels, 12 July 2016.

            For the Council

            The President

         P. KAŽIMÍR

      (1)  OJ L 209, 2.8.1997, p. 1.

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

      (3)  OJ C 96, 11.3.2016, p. 1.

      (4)  Regulation (EU) No 1303/2013 of the European Parliament and of the Council of 17 December 2013 laying down common provisions on the European Regional Development Fund, the European Social Fund, the Cohesion Fund, the European Agricultural Fund for Rural Development and the European Maritime and Fisheries Fund and laying down general provisions on the European Regional Development Fund, the European Social Fund, the Cohesion Fund and the European Maritime and Fisheries Fund and repealing Council Regulation (EC) No 1083/2006 (OJ L 347, 20.12.2013, p. 320).

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


title: Council Recommendation of 9 July 2013 on the National Reform Programme 2013 of Estonia and delivering a Council opinion on the Stability Programme of Estonia, 2012-2017

text:
               30.7.2013

               EN

               Official Journal of the European Union

               C 217/21

      COUNCIL RECOMMENDATION

   of 9 July 2013
   on the National Reform Programme 2013 of Estonia and delivering a Council opinion on the Stability Programme of Estonia, 2012-2017
   2013/C 217/06
   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,
   Having regard to the opinion of the Economic and Financial Committee,
   Having regard to the opinion of the Social Protection Committee,
   Having regard to the opinion of the Economic Policy 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, it 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 29 June 2012, the Member States’ Heads of State or Government decided on a Compact for Growth and Jobs, providing a coherent framework for action at national, EU and euro area levels using all possible levers, instruments and policies. They decided on action to be taken at the level of the Member States, in particular expressing full commitment to achieving the objectives of the Europe 2020 strategy and to implementing the country-specific recommendations.

               (4)

               On 10 July 2012, the Council adopted a Recommendation (3) on Estonia’s National Reform Programme for 2012 and delivered its opinion on Estonia’s Stability Programme for 2012-2015.

               (5)

               On 28 November 2012, the Commission adopted the Annual Growth Survey, marking the start of the 2013 European Semester for economic policy coordination. Also on 28 November 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 Estonia was not identified as one of the Member States for which an in-depth review would be carried out.

               (6)

               The European Parliament has been duly involved in the European Semester, in accordance with Regulation (EC) No 1466/97, and, on 7 February 2013, adopted a resolution on employment and social aspects in the Annual Growth Survey 2013 and a resolution on the contribution to the Annual Growth Survey 2013.

               (7)

               On 14 March 2013, the European Council endorsed the priorities for ensuring financial stability, fiscal consolidation and action to foster growth. It underscored the need to pursue differentiated, growth-friendly fiscal consolidation, to restore normal lending conditions to the economy, to promote growth and competitiveness, to tackle unemployment and the social consequences of the crisis, and to modernise public administration.

               (8)

               On 30 April 2013, Estonia submitted its 2013 National Reform Programme and its Stability Programme for the period 2012-2017. In order to take account of their interlinkages, the two Programmes have been assessed at the same time.

               (9)

               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 Programme is plausible in 2013-2014 when real GDP growth is expected to average around 3,3 %. The Commission services 2013 spring forecast foresees growth of 3,5 % in 2013-2014. Estonia achieved a headline budget deficit of 0,3 % of GDP in 2012. The Stability Programme confirms the previous medium-term objective (MTO) of a structural surplus. This is more ambitious than required by the Stability and Growth Pact. As Estonia’s structural balance was in surplus in 2012, Estonia achieved its MTO one year earlier than foreseen in its Stability Programme for 2012-2015. The objective of the budgetary strategy outlined in the Stability Programme for 2012-2017 is to ensure sustainable fiscal policy that supports balanced growth, by staying at the MTO while ensuring sufficient fiscal buffers and reducing the tax burden on labour. The planned headline budget deficit, 0,5 % of GDP in 2013, is envisaged by the Stability Programme to improve over the forecast horizon, reaching balance in 2014 and moving into surplus thereafter. Following an overall assessment of the recalculated structural balance, including an analysis of expenditure benchmark of the Stability and Growth Pact, Estonia does not deviate significantly from the MTO in 2013, returning to a structural surplus in 2014. The debt ratio is well below 60 % of GDP and, according to the Stability Programme, is likely to decrease after 2013 to about 9 % in 2015-2016. Estonia plans to introduce a structural budget balance rule in 2013, in line with the requirements of the Treaty on Stability, Coordination and Governance in the Economic and Monetary Union, signed on 2 March 2012 in Brussels. The structural budget balance rule should be complemented by strengthening the binding nature of the multiannual expenditure targets as soon as that rule is in place.

               (10)

               As regards the labour market, while employment continues to grow, there are remaining bottlenecks to growth, including persistent youth and long-term unemployment, skills mismatches, and growing workforce shortage, including labour-force losses due to long-standing health problems. The social-benefit system should be made more flexible and targeted, providing support services and incentives for the unemployed and for inactive persons who could be re-employed, while activation measures should be strengthened to make sure that they reach those most in need. The cost efficiency of family policy expenditure could be improved in a budget-neutral way, including by reallocating financing from parental benefit to more efficient measures such as childcare services with an expected positive effect on female employment. Economic development in the regions has to be addressed in a more coordinated way to provide more visible results.

               (11)

               In the field of education and training, Estonia has partially implemented the 2012 Council recommendations: the higher education reform was adopted in 2012 and a new comprehensive vocational education and training reform is set to be adopted in 2013. A particular attention will be needed to ensure a sufficient involvement of social partners to ensure a sufficient number of apprenticeships in vocational education. The rationalised provision of secondary education remains an important commitment which is not yet fulfilled. The still relatively high youth unemployment needs to be addressed in light of the high share of persons without professional or vocational education. The access to lifelong learning for low-skilled workers is still not sufficiently addressed and measures for the young unemployed do not always credibly meet labour-market needs. The existing disconnection between the public research sector and the economy remains a challenge for productivity growth and competitiveness. In addition, the internationalisation and prioritisation of the research and innovation system remains a challenge given the small size of the economy.

               (12)

               Estonia’s energy intensity continues to be very high. While the Government has taken certain steps the efforts need to be continued and increased, with additional emphasis on the renovation of residential buildings. The fleet of new cars in Estonia is the most energy intensive in the Union and consumer patterns are not changing in spite of the increased fuel excise duties. In the absence of additional measures, Estonia is unlikely to meet its greenhouse gas emission target, in particular if no measures are taken in the field of transport and housing. Estonia’s energy market remains relatively isolated given that cross-border connections are insufficient.

               (13)

               Provision of the services that local government is legally obliged to furnish is in most sectors ineffective, in particular in long-term care, family-support services, education and transport; the same applies for local support measures necessary to ensure effective healthcare service provision. This is due to the low administrative capacity of local governments and the mismatch between local government revenue and devolved responsibilities. No viable plan for improving the local administration has yet been established.

               (14)

               In the context of the European Semester, the Commission has carried out a comprehensive analysis of Estonia’s economic policy. It has assessed the National Reform Programme and the Stability Programme. It has taken into account not only their relevance for sustainable fiscal and socioeconomic policy in Estonia 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.

               (15)

               In the light of this assessment, the Council has examined the Stability Programme, and its opinion (5) is reflected in particular in recommendation (1) below.

               (16)

               In the context of the European Semester the Commission has also carried out an analysis of the economic policy of the euro area as a whole. On this basis the Council has issued specific recommendations addressed to the Member States whose currency is the euro (6). As a country whose currency is the euro, Estonia should also ensure the full and timely implementation of those recommendations,

         HEREBY RECOMMENDS that Estonia take action within the period 2013-2014 to:

               1.

               Pursue a growth-friendly fiscal policy and preserve a sound fiscal position as envisaged, ensuring compliance with the MTO over the Stability Programme horizon. Complement the planned structural budget balance rule with more binding multiannual expenditure rules within the medium-term budgetary framework and continue enhancing the efficiency of public spending.

               2.

               Improve incentives to work by making the various existing social-benefit systems more consistent and by increasing the flexibility and targeting of benefit allocation. Improve the delivery of social services, including childcare, while increasing the efficiency and cost-effectiveness of family policy. Strengthen activation measures to facilitate the return to the labour market of the long-term unemployed and people receiving disability benefits and incapacity-for-work benefits. Establish coordinated measures for fostering economic development in regions affected by high unemployment.

               3.

               Continue efforts to improve the labour-market relevance of education and training systems, including further involvement of social partners and implementation of targeted measures to address youth unemployment. Significantly increase the participation of low-skilled workers in lifelong learning. Intensify efforts to prioritise and internationalise the research and innovation systems and enhance cooperation between businesses, higher education and research institutions.

               4.

               Improve energy efficiency, in particular in buildings and transport, and strengthen environmental incentives concerning vehicles and waste. Step up the development of cross-border energy connections to diversify energy sources and promote competition in the energy market.

               5.

               Better balance local government revenue against devolved responsibilities. Improve the efficiency of local governments and ensure provision of quality local public services.

      Done at Brussels, 9 July 2013.

            For the Council

            The President

         R. ŠADŽIUS

      (1)  OJ L 209, 2.8.1997, p. 1.

      (2)  Maintained for 2013 by Council Decision 2013/208/EU of 22 April 2013 on guidelines for the employment policies of the Member States (OJ L 118, 30.4.2013, p. 21).

      (3)  OJ C 219, 24.7.2012, p. 25.

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

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

      (6)  See page 97 of the current Official Journal.


title: Commission Recommendation (EU) 2016/1117 of 15 June 2016 addressed to the Hellenic Republic on the specific urgent measures to be taken by Greece in view of the resumption of transfers under Regulation (EU) No 604/2013 of the European Parliament and of the Council

text:
               9.7.2016

               EN

               Official Journal of the European Union

               L 186/28

         COMMISSION RECOMMENDATION (EU) 2016/1117
   of 15 June 2016
   addressed to the Hellenic Republic on the specific urgent measures to be taken by Greece in view of the resumption of transfers under Regulation (EU) No 604/2013 of the European Parliament and of the Council
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 292 thereof,
   Whereas:

               (1)

               The transfer of applicants for international protection to Greece under Regulation (EU) No 604/2013 of the European Parliament and of the Council (1) (hereafter ‘the Dublin Regulation’) has been suspended by Member States since 2011, following two judgments of the European Court of Human Rights (ECHR) and the Court of Justice of the European Union (CJEU) (2), which identified systemic deficiencies in the Greek asylum system, resulting in a violation of the fundamental rights of applicants for international protection transferred from other Member States to Greece under Council Regulation (EC) No 343/2003 (3).

               (2)

               The Committee of Ministers of the Council of Europe has been monitoring the situation in Greece since the M.S.S v Belgium and Greece judgment was delivered by the ECHR in 2011 on the basis of progress reports that Greece is required to submit as evidence of the execution of the judgment and on the basis of evidence from NGOs and international organisations, such as the United Nations High Commissioner for Refugees (UNHCR), that operate in Greece.

               (3)

               As a result of the M.S.S judgment, Greece committed to reform its asylum system on the basis of a national Action Plan on Asylum Reform and Migration Management presented in August 2010 and revised in January 2013 (hereafter ‘the Greek Action Plan’). On 1 October 2015, Greece presented a Roadmap on the implementation of the relocation scheme and hotspots to the Council, which also outlines certain actions to be prioritised to ensure implementation of agreed pending actions in the areas of asylum and reception.

               (4)

               On 10 February 2016, the Commission addressed a first Recommendation to the Hellenic Republic on the urgent measures to be taken by Greece in view of the resumption of transfers under the Dublin Regulation (hereafter ‘the first Recommendation’) (4). Since then, there have been continuous efforts by the Greek authorities, assisted by the Commission, the European Asylum Support Office (EASO), Member States and international and non-governmental organisations (NGOs) to improve the functioning of the asylum system, in line with the seven points included in the first Recommendation.

               (5)

               At the same time, the current refugee and migration crisis continued to place enormous pressure on the Greek asylum and migration systems as the main country of first entry from the Eastern Mediterranean route. Between January and April 2016, over 157 000 irregular migrants arrived in Greece. Shortly after the Commission's first Recommendation to Greece, the EU-Turkey Statement was agreed by the members of the European Council and the Turkish Government in March 2016. This statement has led to a significant decrease in the number of daily arrivals to Greece from Turkey, while also placing new responsibilities on the Greek authorities (5). The situation in Greece has also changed significantly following the de facto closure of the Western Balkans route, preventing third-country nationals from onward travel. As a result, approximately 57 000 irregular third-country nationals have become stranded in Greece (6). At the same time, the relocation schemes have not yet been implemented satisfactorily by all Member States and have yet to relieve Greece of the pressure it is facing (7).

               (6)

               A so-called ‘pre-registration’ exercise began on 8 June 2016 to register all those irregular third-country nationals who want to apply for asylum that arrived in Greece before 20 March 2016 and who did not make any attempt to regularise their stay with the Greek authorities (8). This exercise is being carried out by the Greek Asylum Service in conjunction with EASO, the UNHCR and the International Organisation for Migration (IOM), and supported by the Commission. The pre-registration exercise will last until end of July 2016 and it is anticipated that some 50 000 applicants are likely to claim asylum who will need to be accommodated in Greece to await a decision on their case as regards either eligibility for international protection, relocation or transfer to another Member State under the Dublin Regulation. The exercise is expected to facilitate and accelerate the formal lodging of applications for international protection with the Asylum Service, once they have already been pre-registered. Under the new system, teams will be deployed to the open reception facilities to register people directly in the accommodation sites. At the end of the registration, people will be issued with an official asylum seeker card. The expected increase in asylum applications following this pre-registration exercise is likely to result in at least four times as many asylum applications in 2016 as were received in 2015 (13 197).

               (7)

               Despite the continuous steps taken by Greece to improve its asylum system, there is still a significant amount of progress that needs to be achieved before a resumption of transfers under the Dublin Regulation can be envisaged. This recommendation sets out the main areas of reform that still need to be addressed by the Greek authorities to remedy the shortfalls in the asylum system as outlined in the judgments referred to above, to ensure the reinstatement of transfers under the Dublin Regulation.

               (8)

               On 7 March 2016, the Commission received a first progress report from Greece that outlined some of the improvements made on the issues specified in the Commission's first Recommendation. By letters dated 18 May and 8 of June 2016, the Greek authorities provided additional information.

               (9)

               The Commission has noted that progress has been made to reform the Greek national law and ensure that the new legal provisions of the recast Asylum Procedures Directive 2013/32/EU of the European Parliament and of the Council (9) (‘Asylum Procedures’) and some of the recast Directive 2013/33/EU of the European Parliament and of the Council (10) (‘Reception Conditions’) have been transposed. A new law (Law 4375/2016) was adopted by the Greek Parliament on 3 April 2016, but not all provisions have entered into force (11).

               (10)

               Following the European Leaders' Summit of 25 October 2015, Greece committed to increase its reception capacity for applicants for international protection and irregular migrants to 30 000 places by the end of 2015 and the UNHCR committed to provide rent subsidies and host family programmes for at least 20 000 more persons through a separate scheme run by them. Greece has made progress to establish a number of emergency reception facilities and according to the daily information released by the Greek authorities on 10 June 2016 there are over 50 000 temporary emergency reception facilities and permanent reception places available for both irregular migrants and applicants for international protection in Greece (12).

               (11)

               Although Greece has significantly increased its overall reception capacity for both irregular migrants and applicants for international protection, the majority of these facilities are only temporary emergency facilities and some provide only the most basic reception conditions for those who are accommodated there, such as food, water, sanitation and basic medical care whilst others do not even cater for the most basic needs (13). Whilst this may be sufficient for a very short period until individuals can be moved to better facilities, these conditions and facilities still fall far short of the requirements stipulated in Directive 2013/33/EU for applicants for international protection. It is therefore essential that Greece progressively establishes, as a matter of urgency, adequate dedicated permanent open reception capacity for asylum applicants, which are of an appropriate standard, and that it maintains a sufficient capacity in terms of temporary facilities to accommodate any shortfall in capacity resulting from unexpected inflows.

               (12)

               In January 2016, a Delegation Agreement for a total of EUR 80 million was signed between the Commission and the UNHCR in order to establish the 20 000 places in open accommodation primarily for the benefit of applicants for international protection eligible for relocation (14). Such places will initially be established under a rental apartment scheme to be managed by UNHCR. While these places are currently being established, a revision of the Delegation Agreement is being discussed, in order to allow for the establishment of approximately 6 000 places in relocation centres instead of apartments, and to confirm that the target group to be accommodated can also include asylum seekers who will not be relocated or those who could be transferred to Greece in the future under the Dublin Regulation. According to UNHCR data as of 6 June 2016, 6 385 reception places for applicants for relocation have been established, the majority of which are in hotels and apartments (15).

               (13)

               Substantial improvements have been noted for the establishment of the Regional Asylum Offices. Greece's law provides for the establishment of Regional Asylum Offices in the regions of Attica, Thessaloniki, Thrace, Epirus, Thessaly, Western Greece, Crete, Lesvos, Chios, Samos, Leros and Rhodes (16). So far eight Regional Offices have become operational in the regions of Attica, Thrace, Thessaloniki, Lesvos, Samos, Chios and Rhodes. An additional Regional Asylum Office is due to be opened in the region of Attica (Piraeus) in the coming months. A further four Regional Asylum Offices are due to become operational in 2016 in the area of Kos, Leros, Crete (Heraklio) and Western Greece (Patra) with the latter office expected to be operation very shortly. This leaves the planned Regional Asylum Offices to be established in the region of Thessaly (Volos) and Epirus (Ioannina). Furthermore, two additional asylum units in Chios and Kos have been established, bringing the total number of asylum units to five (Amygdaleza, Xanthi, Patra, Chios and Kos). A Relocation Unit in Alimos has also been set up and is expected to be operational in July 2016.

               (14)

               In their first report, the Greek authorities also reported that they were in the process of recruiting more staff for the Asylum Service to increase its processing capacity. There are 370 members of staff currently working in the Asylum Service, which is double the capacity of the number of human resources that were available in 2015. One third is fixed-term contract staff, funded from different EU and EEA funding sources. The Greek Parliament has approved a further 300 posts for permanent members of staff to be hired over the forthcoming months (17). This is in addition to the fixed-term staff hired by the UNHCR and the Member State experts deployed via EASO to the Greek Asylum Service for a fixed period. However, it is clear that the current and planned staffing levels for the Asylum Service still fall far short of what is required to process the current and likely future case-load in an adequate manner. Greece should ensure that the Asylum Service is further reinforced with substantially more staff and material resources for it to be able to process the increase in asylum applications. To that end, a needs assessment should be carried out that takes into account the number of asylum applications that is likely to be handled by the Greek Asylum Service at any one time and the number of available staff required or likely to be required to process those applications.

               (15)

               The new Appeal Authority and Appeals Committees established by the recently adopted legislation (Law 4375/2016) should be progressively established and fully in place by the end of 2016. Given the likely significant increase in the number of applications that will be made in Greece in the coming months, a fully staffed Appeals Authority, capable of handling an expected significant increase in the number of appeals, is essential. Access to an effective remedy in Greece was a particular criticism of the M.S.S judgment, thus it is imperative that where in the future a reinstatement of transfers under the Dublin Regulation may occur, asylum applicants must be able to have an effective recourse to a judicial remedy against a negative decision on their claim.

               (16)

               In the interim, the old ‘Backlog’ Appeal Committees that were established to hear asylum appeals from Greece's backlog of cases have been given an additional mandate. For a transitional period, these ‘Backlog’ Appeal Committees intend to hear, in addition to substantive appeals on first instance decisions, the appeals against the decisions based on grounds of admissibility as part of the EU-Turkey Statement.

               (17)

               More progress has been made on the long-standing backlog of appeals under the ‘old procedure’ regulated by Presidential Decree 114/2010. The current backlog stands at approximately 13 975 cases (from a total of approximately 51 000 cases that were considered as part of the backlog at the beginning of 2013). The Greek authorities have committed to grant a permit for humanitarian purposes to persons whose application for asylum has been pending for a considerable time and who are eligible to acquire a residence permit on humanitarian or other exceptional grounds, according to the Greek Law 4375/2016. It is anticipated that approximately 10 000 backlog cases will be closed through the implementation of this measure. The residence permit will be issued for a period of two years and can be renewed (18). It will accord the same rights and benefits as those granted subsidiary protection status in Greece (19). Greece should continue its progress with clearing the backlog of pending appeals in this regard, ensuring that applicants with an outstanding appeal have an opportunity to exercise their right to an effective remedy.

               (18)

               The provision of free legal aid has been included in the new law (Law 4375/2016) for applicants at the appeal stage; however, until now, no free legal aid is being given in practice by the Greek authorities. A Ministerial Decision implementing the provision for legal aid under Law 4375/2016 is being finalised and the Greek authorities launched on 8 June 2016 a call for proposals for the provision of free legal aid and representation at the appeals stage for 6 750 eligible applicants under their national programme under the Asylum Migration and Integration Fund (AMIF) to support a roster of attorneys for legal aid (20). This call will end on 24 June 2016. Additionally, a grant agreement was awarded to the UNHCR under EU emergency assistance funding for the total amount of EUR 30 million. This funding will, amongst other things, be used by the UNHCR to provide free legal assistance to applicants for international protection at the appeals stage for a period of up to four months until the Greek authorities are expected to put in place their own free legal aid scheme. Greece should take the necessary steps to guarantee the right to free legal aid in the asylum procedure without delay.

               (19)

               The new Law 4375/2016 provides for a new Directorate for Reception and a Directorate for Social Integration that both include specialised departments for the reception and integration of unaccompanied minors, including the provision of a representative. Despite this, implementing measures still need to be adopted by the Greek authorities to ensure that appropriate procedural guarantees and reception conditions are provided in practice to unaccompanied minors. While a Ministerial Decision concerning the age assessment of unaccompanied minors seeking asylum has already been adopted by the Greek government (21), a further Presidential Decree that should include provisions for an efficient guardianship system still needs to be adopted.

               (20)

               As of June 2016, the total number of available reception facilities for unaccompanied minors in Greece is 585 places. These facilities are currently full and there is a waiting list for 625 unaccompanied minors who need to be placed in appropriate facilities. According to the letter sent by the Greek authorities to the Commission on 8 June 2016, Greece intends to establish a further 800 reception places for unaccompanied minors by end of July 2016. Greece needs to ensure that an appropriate number of reception facilities for unaccompanied minors are in place to deal with the demand for such accommodation.

               (21)

               There are growing concerns from NGOs that many children in Greece are unable to access education and that the situation for unaccompanied minors is in general precarious, with some citing that children are still held in detention until appropriate accommodation can be found for them.

               (22)

               The European Commission has provided substantial funding to Greece to support the country in its efforts to bring its asylum management system up to EU standards.

               (23)

               Since the beginning of 2015, a total of EUR 262 million in emergency assistance has been awarded through Home Affairs Funds (AMIF and Internal Security Fund (ISF)) to Greece, either directly to the Greek authorities or through Union Agencies and international organisations operating in Greece, of which some EUR 81 million was awarded in May 2016. On 20 May 2016, EUR 56 million in emergency funding was awarded to the Greek authorities (EUR 13 million), to IOM (EUR 13 million) and to UNHCR (EUR 30 million), to increase the capacities of the Greek authorities to register newly arriving migrants and to process their asylum claims, create better conditions for vulnerable migrants and strengthen the registration and asylum process with additional human resources, ensure better IT infrastructure, increase availability of interpreters and ensure better access to information. On 24 May 2016 the Commission awarded EUR 25 million in emergency funding (AMIF) to the EASO to enhance its capacity to further support the Greek authorities. This funding will contribute to the implementation of the emergency response plan developed together by the Commission, the Greek authorities and relevant stakeholders to address the ongoing humanitarian situation on the ground and the implementation of the EU-Turkey Statement of 18 March.

               (24)

               This emergency assistance comes on top of the EUR 509 million allocated to Greece for the period 2014-2020 through its national programmes under the AMIF and ISF Funds, thus making Greece the first beneficiary of EU Home Affairs funds amongst EU Member States.

               (25)

               Greece should ensure that such financial resources are fully used in the most efficient and effective manner and without further delay. For that purpose, the ongoing revision of Greece's national programmes under the Home Affairs funds (AMIF, ISF) to adjust them to the new priorities should be urgently completed. Likewise, the process of transfer of the authority responsible for the management of those funds to the same Ministry managing also the structural funds, should be completed as a matter of urgency in order to ensure a more efficient use of available resources. Greece should notably complete a number of practical implementation issues (staffing, management and control, audit opinion, formal notification) so that the new Responsible Authority can become operational before July 2016.

               (26)

               As acknowledged in the Commission's Communication of 4 March 2016 on the ‘Back to Schengen’ (22), ensuring a fully functioning Dublin system is an indispensable part of the wider efforts needed to stabilise the asylum, migration and border policy. These efforts should lead to a return to a normal functioning of the Schengen area, at the latest by December 2016. It is therefore important that Greece takes as a matter of urgency the outstanding actions identified in this recommendation so as to ensure that a resumption of transfers to Greece under the Dublin Regulation can take place within the same time-frame, and at the latest by December 2016. At the same time, reforming the Dublin rules as proposed by the Commission (23), based on the objective of solidarity and fair burden-sharing between Member States, should be a priority.

               (27)

               Regular reporting by Greece on the progress being made in implementing these actions, as well as other relevant elements including any forthcoming reports from UNCHR and other relevant organisations, should clarify the assessment of whether the conditions are such as to allow for Member States to resume individual transfers to Greece under the Dublin Regulation, bearing in mind that the volume of transfers and the categories of persons to be transferred should correspond to the specific progress made. Greece should provide an updated report covering the periods April to June 2016 where no monthly report was received for the next reporting period in June 2016.

               (28)

               The Commission envisages taking stock of progress made and updating as appropriate its specific recommendations in September 2016.

               (29)

               Any resumption of Dublin transfers to Greece should also take into account that Greece still needs to deal with a potentially large number of new asylum applicants, notably as a result of the implementation of the so-called pre-registration exercise, and it should be avoided that an unsustainable burden is placed on Greece.

               (30)

               The responsibility for deciding on such resumption of transfers in individual cases lies exclusively with Member States' authorities under the control of the courts, which may make preliminary references to the European Court of Justice on the interpretation of the Dublin Regulation.

         HAS ADOPTED THIS RECOMMENDATION:

      RECEPTION CONDITIONS AND FACILITIES

               (1)

               Greece should ensure that the reception facilities are sufficient and that the reception conditions in all reception facilities for applicants for international protection meet the standards set out in EU law, notably Directive 2013/33/EU. In particular Greece should as a minimum:

                           (a)

                           establish an appropriate number of permanent open reception facilities that corresponds to the number of applicants for international protection it receives, or is likely to receive, and that are capable of accommodating all applicants for international protection and their dependants in adequate conditions for the duration of the asylum process;

                           (b)

                           ensure that an appropriate number of temporary open reception facilities is available, or can be made available at short notice, to allow for the accommodation of unexpected inflows of applicants for international protection, and that are capable of accommodating all such applicants for international protection and their dependants in adequate conditions;

                           (c)

                           ensure that these facilities have separate open accommodation places for single men, single women, families and vulnerable persons, particularly unaccompanied minors that can guarantee privacy and family unity;

                           (d)

                           ensure that unaccompanied asylum seeking minors are immediately placed in suitable accommodation and are not kept in sub-standard conditions in detention. Greece should urgently create the necessary accommodation places for unaccompanied minors and ensure those facilities are sustained;

                           (e)

                           ensure that accommodation is maintained and that various contractual services such as cleaning, sanitisation and catering, is adequately funded to avoid an interruption of services;

                           (f)

                           ensure that all temporary facilities in Greece are upgraded to provide for all of the above where asylum applicants are accommodated and remain in Greece for the duration of the asylum procedure.

                     Reception conditions in all reception facilities should also:

                           (g)

                           make sure that applicants receive the necessary healthcare, which shall include at least emergency healthcare and essential treatment of illnesses and of serious mental disorders;

                           (h)

                           give minors effective access to the state education system for the duration of the asylum procedure, including language classes so no child is left without an education.

                     The Greek authorities should carry out a needs assessment in terms of total reception capacity required, and the nature of that capacity, and continuously update this assessment in the light of new developments. This needs assessment should continuously inform the capacities established in line with recommendations 1(a) and (b) above. The Greek authorities should also ensure continuous management and coordination of all facilities, and ensure that the responsible ministries have adequate resources for this purpose.

      ACCESS TO AND RESOURCES FOR THE FIRST INSTANCE ASYLUM PROCEDURE

               (2)

               Greece should continue its efforts to ensure that all applicants for international protection have effective access to the asylum procedure by:

                           (a)

                           proceeding as a matter of urgency with the recruitment of staff to ensure that the Asylum Service is sufficiently staffed to allow for all offices to be fully operational and capable of processing all asylum applications in a timely manner. This requires to swiftly put in place a recruitment procedure for a very significant increase in case handlers and other relevant staff for the Asylum Service;

                           (b)

                           opening as a matter of urgency additional Regional Asylum Offices in the region of Attica (Piraeus), Kos, Leros, Crete (Heraklio) and Western Greece (Patra) and Thessaly and Epirus (Volos and Ioannina);

                           (c)

                           ensuring an effective case management procedure to guarantee that cases are handled in a well-organised manner and increase the authorities' ability to measure current performance, detect potential bottlenecks, and plan upcoming resource requirements;

                           (d)

                           ensure that the Asylum Service has an adequate number of administrative support staff for each office that can book interviews, make appointments for registration, book interpreters and manage the overall workflow of each office for a well-functioning asylum process;

                     The Greek Asylum Service should identify, on the basis of a full and continuous assessment, how many members of staff it is likely to require to process the intake of asylum applications within the six month deadline specified in Directive 2013/32/EU. This needs assessment should be continuously updated and should include information on the number of staff to be recruited in line with recommendation 2(a) above.

      APPEALS AUTHORITY

               (3)

               Greece should ensure that the new Appeals Authority is instituted without delay and that it has an appropriate number of Appeal Committees to take decisions on applications for international protection, and that these are adequately staffed to deal with all pending and likely future appeals. In particular Greece should:

                           (a)

                           ensure a sufficient number of human resources and of committees the Appeals Authority will need to hear appeals made by applicants and keep this assessment continuously updated;

                           (b)

                           proceed urgently with the appointment of all necessary staff for the Appeals Authority and Committees, including the number of support staff for each Committee;

                           (c)

                           bring the Appeals Authority and Committees into operation as a matter of urgency;

                           (d)

                           clear all pending requests for judicial review of administrative decisions that are currently outstanding as soon as possible and in any event by the end of 2016;

                     The Greek authorities should identify, on the basis of a full and continuous needs assessment, the number of Appeals Committees under the new Appeals Authority it will need to hear all appeals submitted by applicants for international protection and the number of human resources to continue the smooth-functioning of those Committees in line with recommendation 3(a) and (b) above.

      LEGAL AID

               (4)

               Greece should ensure that access to free legal aid is effective in practice and that all asylum applicants are provided with the necessary legal assistance for judicial review of administrative decisions on applications for international protection. In particular, Greece should:

                           (a)

                           swiftly adopt and effectively implement a Ministerial Decision for the provision of free legal aid services;

                           (b)

                           allocate the necessary funding from the national AMIF programme for the provision of legal aid and swiftly establish a contract for a register of lawyers who can provide these services to applicants at the appeal stage in Greece.

      TREATMENT OF UNACCOMPANIED MINORS AND VULNERABLE PERSONS DURING THE ASYLUM PROCEDURE

               (5)

               Greece should ensure the establishment of appropriate structures for the identification and treatment of vulnerable applicants, including unaccompanied minors. In particular Greece should:

                           (a)

                           urgently put in place a suitable guardianship procedure by adopting the necessary Presidential Decree for implementing the relevant provisions under Law 4375/2016;

                           (b)

                           establish and recruit the necessary staff for the Directorate for Reception and the Department for the protection of unaccompanied minors to provide the necessary guarantees under the asylum acquis for family tracing, and legal representation;

                           (c)

                           ensure the procedures for identifying applicants with special procedural and reception needs are implemented in practice so that these applicants are provided with the necessary psychosocial support, particularly where they may have been victims of sexual violence and exploitation or trafficking.

      USE OF EU FUNDING UNDER NATIONAL PROGRAMMES

               (6)

               Greece should ensure that the substantial EU funding being provided is fully used, notably by mobilising without further delay the resources available under its AMIF and ISF national programmes and exploring complementary funding from Structural Funds. In this context, Greece should urgently complete the ongoing revision of the national programmes, to better adjust them to the new priorities, as well as ensure that the new authority responsible for the management of the Home Affairs Funds becomes immediately operational.

      REPORTING ON ACTIONS TAKEN

               (7)

               Greece is requested to provide, by 30 June, a report covering the progress in implementing this Recommendation and the Recommendation of 10 February. Thereafter, Greece should report to the Commission by the end of each month on its progress in implementing the measures identified in this Recommendation. The reports should also include a description of how the Greek authorities have, or plan to, put in place the necessary human and material resources referred to in paragraphs 1 to 5 of this recommendation. These reports should also include a description of the continuous needs assessments referred to in paragraphs 1 to 3 of this recommendation, on the basis of which the planned and implemented measures are or have been based. Each report should also include the following information:

                           (a)

                           the total current and planned permanent and temporary reception capacity for hosting applicants for international protection and the nature of that capacity;

                           (b)

                           the total number of current and planned staff for processing asylum applications registered with the Asylum Service and for the Directorate for Reception; and

                           (c)

                           the total current and planned number of staff and the number of Committees which the Appeals Authority has progressively made operational.

      Done at Brussels, 15 June 2016.

            For the Commission

         Dimitris AVRAMOPOULOS

            Member of the Commission

      (1)  Regulation (EU) No 604/2013 of the European Parliament and of the Council of 26 June 2013 establishing the criteria and mechanisms for determining the Member State responsible for examining an application for international protection lodged in one of the Member States by a third-country national or a stateless person (OJ L 180, 29.6.2013, p. 31).

      (2)  M.S.S v Belgium and Greece (No 30696/09) and NS v Secretary of State for the Home Department C-411/10 & C-493/10.

      (3)  Council Regulation (EC) No 343/2003 of 18 February 2003 establishing the criteria and mechanisms for determining the Member State responsible for examining an asylum application lodged in one of the Member States by a third-country national (OJ L 50, 25.2.2003, p. 1).

      (4)  Commission Recommendation of 10 February 2016 addressed to the Hellenic Republic on the urgent measures to be taken by Greece in view of the resumption of transfers under Regulation (EU) No 604/2013 — C(2016) 871 final.

      (5)  EU-Turkey Statement, 18 March 2016.

      (6)  http://www.media.gov.gr/index.php, accessed on 10 June 2016.

      (7)  Communication from the Commission to the European Parliament, the European Council and the Council, Fourth Report on Relocation and Resettlement, COM(2016) 416 final, 15 June 2016.

      (8)  http://asylo.gov.gr/en/?page_id=1278

      (9)  Directive 2013/32/EU of the European Parliament and of the Council of 26 June 2013 on common procedures for granting and withdrawing international protection (OJ L 180, 29.6.2013, p. 60).

      (10)  Directive 2013/33/EU of the European Parliament and of the Council of 26 June 2013 laying down standards for the reception of applicants for international protection (OJ L 180, 29.6.2013, p. 96).

      (11)  ‘Law 4375/2016 on the Structure and Operation of the Asylum Service, The Appeals' Authority and the Reception and Identification Service, the establishment of a General Secretariat for Reception, the transposition into Greek legislation of Directive 2013/32/EU of the European Parliament and of the Council of 26 June 2013 on common procedures for granting and withdrawing international protection (recast) and other provisions’, available at: http://www.hellenicparliament.gr/UserFiles/bcc26661-143b-4f2d-8916-0e0e66ba4c50/o-prosf-pap.pdf
   Several implementing acts in the form of Ministerial or Co-Ministerial Decisions need to be adopted in order for the Greek authorities to be able to implement the Law in its entirety.

      (12)  http://www.media.gov.gr/index.php
   http://rrse-smi.maps.arcgis.com/apps/MapSeries/index.html?appid=d5f377f7f6f2418b8ebadaae638df2e1
   These temporary emergency and permanent facilities are established on the Aegean islands in the hotspots as well as on the mainland. As of 2 June 2016, there are currently only 1 108 permanent accommodation places that exclusively host applicants for international protection and unaccompanied minors.

      (13)  http://www.unhcr.org/news/briefing/2016/5/57480cb89/greece-unhcr-concerned-conditions-new-refugee-sites-urges-alternatives.html

      (14)  While priority will be given to applicants eligible for relocation, the activities will also benefit applicants for international protection who are awaiting to be reunified with family members under the Dublin Regulation in another EU Member State and persons seeking asylum in Greece, particularly of vulnerable categories including unaccompanied and separated children, persons with disabilities, elderly, single parents, chronically ill, pregnant women, etc.

      (15)  http://data.unhcr.org/mediterranean/country.php?id=83

      (16)  Article 3(3) of Law 4375/2016.

      (17)  In accordance with Article 2(3) and (4) of Law 4375/2016, which provides for the number of staff to be hired for the Asylum Service.

      (18)  Article 22(3), Law 4375/2016.

      (19)  Article 28, Presidential Decree 114/2010.

      (20)  http://asylo.gov.gr/?p=2802

      (21)  Ministerial Decision 1982/16.2.2016 (Official Gazette, B' 335).

      (22)  Communication from the Commission to The European Parliament, The European Council and The Council, ‘Back to Schengen — A Roadmap’, COM(2016) 120 final, 4 March 2016.

      (23)  COM(2016) 270 final.