title: Council Recommendation of 26 November 2013 on promoting health-enhancing physical activity across sectors

text:
               4.12.2013

               EN

               Official Journal of the European Union

               C 354/1

         COUNCIL RECOMMENDATION
   of 26 November 2013
   on promoting health-enhancing physical activity across sectors
   2013/C 354/01
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 292, in conjunction with Articles 165 and 168 thereof,
   Having regard to the proposal from the European Commission,
   Whereas:

               (1)

               The benefits of physical activity, including regular sporting activity and exercise, across the life course are paramount and include lowered risk of cardiovascular disease and of some types of cancers and diabetes, improvements in musculoskeletal health and body weight control, as well as positive effects on mental health development and cognitive processes. Physical activity, as recommended by the World Health Organization (WHO), is important for all age groups, and has particular relevance for children, the working population and the elderly.

               (2)

               Physical activity, being a prerequisite for a healthy lifestyle and a healthy workforce, contributes to the achievement of key objectives defined in the Europe 2020 Strategy notably with regard to growth, productivity and health.

               (3)

               While efforts to promote health-enhancing physical activity (HEPA) have been stepped up by public authorities in some Member States over the past years, rates of physical inactivity in the Union remain unacceptably high. The majority of European citizens do not engage in sufficient physical activity, with 60 % never or seldom playing sport or exercising. The lack of leisure-time physical activity tends to be more common in the lower socio-economic groups. There are currently no indications that those negative trends are being reversed for the Union as a whole.

               (4)

               Physical inactivity has been identified as a leading risk factor for premature mortality and disease in high-income countries world-wide, being responsible for about 1 million deaths per year in the WHO European Region alone. The detriments caused by the lack of physical activity in the Union are well recorded, as are the significant direct and indirect economic costs associated with the lack of physical activity and related health problems, especially in view of the fact that most European societies are ageing rapidly.

               (5)

               Recent research indicates that sedentary behaviour might be a risk factor for health outcomes, independent of the influence of physical activity. In the Union, these findings should be taken into account when considering further actions in this area.

               (6)

               As regards physical activity levels, there are vast discrepancies between Member States. While some have made considerable progress in increasing the proportion of citizens who meet the minimum level of recommended physical activity, many others have made none or even regressed. Current policies have so far not had a decisive impact in reducing the physical inactivity levels for the Union as a whole. There is considerable potential to learn from successful approaches to develop and implement HEPA policies.

               (7)

               Physical education at school has the potential to be an effective tool to increase awareness of the importance of HEPA, and schools can be easily and effectively targeted to implement activities in this regard.

               (8)

               A number of policy areas, in particular sport and health, can contribute to the promotion of physical activity and can provide new opportunities for Union citizens to become physically active. For this potential to be fully exploited, and therefore for physical activity levels to increase, a strategic cross-sectoral approach in the field of HEPA promotion, including involvement at all levels of all relevant Ministries, bodies and organisations, in particular the sport movement, and taking into account existing and on-going policy work, is indispensable. The availability of more information and better data on physical activity levels and HEPA promotion policies is an essential element to underpin this process and a requirement for policy evaluation aimed at leading to more effective future policy development and implementation.

               (9)

               The EU Physical Activity Guidelines (EU PA GL) (1), as referred to by the Council and by the Representatives of the Governments of the Member States, meeting within the Council, in their conclusions of 27 November 2012 (2) on promoting HEPA, and by the Council in its conclusions entitled ‘Healthy Ageing across the Lifecycle’ (3), advocate a cross-sectoral approach covering all thematic areas responsible for HEPA promotion.

               (10)

               The 2011 Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of Regions entitled ‘Developing the European Dimension in Sport’ invited the Commission and the Member States to continue progress, based on the EU PA GL, towards the establishment of national guidelines, including a review and coordination process, and to consider a Council Recommendation in that field.

               (11)

               The Resolution of the Council and of the Representatives of the Governments of the Member States, meeting within the Council, on a European Union Work Plan for Sport for 2011-2014 (4) recognised the need to strengthen cooperation between the Commission and the Member States in sport in a few priority areas, including the promotion of HEPA. In July 2012, the Expert Group ‘Sport, Health and Participation’, established in mid-2011 in the context of that Work Plan, expressed support for a new Union initiative to promote HEPA.

               (12)

               The Council conclusions of 27 November 2012 on promoting HEPA acknowledged the need for further action at Union level and called on the Commission to present a proposal for a Council Recommendation, including a light monitoring framework based on a set of indicators covering the thematic areas of the EU PA GL,

         HEREBY RECOMMENDS that Member States:

               1.

               Work towards effective HEPA policies by developing a cross-sectoral approach involving policy areas including sport, health, education, environment and transport, taking into account the EU PA GL, as well as other relevant sectors and in accordance with national specificities. This should include:

                           (a)

                           the progressive development and implementation of national strategies and cross-sectoral policies aimed at HEPA promotion in line with national legislation and practice;

                           (b)

                           identification of concrete actions for the delivery of those strategies or policies, in an action plan, where considered appropriate.

               2.

               Monitor physical activity levels and HEPA policies by making use of the light monitoring framework (5) and indicators set out in the Annex, according to national circumstances.

               3.

               Within six months from the adoption of this Recommendation, appoint national HEPA focal points (6), in accordance with national legislation and practice, to support the abovementioned monitoring framework, and inform the Commission of their appointment.
               The national HEPA focal points will, in particular, be tasked to coordinate the process of making data on physical activity available for the monitoring framework; those data should feed into the existing WHO European database on nutrition, obesity and physical activity (NOPA); they should also facilitate interdepartmental cooperation on HEPA policies.

               4.

               Cooperate closely among themselves and with the Commission by engaging in a process of regular exchange of information and best practices on HEPA promotion in the relevant Union level structures for sport and for health as a basis for strengthened policy coordination,

         HEREBY INVITES the Commission to:

               1.

               Assist Member States in adopting national strategies, developing cross-sectoral HEPA policy approaches and implementing corresponding action plans by facilitating the exchange of information and good practice, effective peer-learning, networking and identification of successful approaches to HEPA promotion.

               2.

               Promote the establishment and functioning of the HEPA monitoring framework, in line with the indicators listed in the Annex, based on existing forms of monitoring and data collection in this field, and using to the largest extent possible existing information and data, by:

                           (a)

                           providing, with the help of scientific experts, targeted support for capacity building and training to national HEPA focal points, including with a view to the data collection process, and, as appropriate, to other representatives from relevant public authorities;

                           (b)

                           examining the possibility to use data collected in the context of this monitoring framework to potentially produce European statistics on physical activity levels every three years;

                           (c)

                           supporting the WHO in further developing the physical activity aspects of the NOPA database by adapting it to the monitoring framework set out in the Annex;

                           (d)

                           supporting and closely cooperating with the WHO in the preparation and issuing of country-specific overviews on HEPA and analysis of HEPA trends.

               3.

               Report every three years on progress in implementing this Recommendation, on the basis of information provided within the reporting arrangements set out in the monitoring framework and of other relevant information about HEPA policy development and implementation provided by Member States, and evaluate the added value of this Recommendation.

      Done at Brussels, 26 November 2013.

            For the Council

            The President

         D. A. BARAKAUSKAS

      (1)  EU Physical Activity Guidelines, welcomed in the Presidency Conclusions of the Informal meeting of the EU Ministers, responsible for sport, in November 2008.

      (2)  OJ C 393, 19.12.2012, p. 22.

      (3)  OJ C 396, 21.12.2012, p. 8.

      (4)  OJ C 162, 1.6.2011, p. 1.

      (5)  The monitoring framework will set out a minimal set of reporting requirements on general aspects of HEPA promotion that can be addressed by all Member States. It will be implemented in close synergy and cooperation with the WHO, thereby avoiding duplication of data collection.

      (6)  The focal point will be the main contact person in the Member State for providing information and data corresponding to the indicators table in the Annex, which will form part of the questionnaire to be addressed to the focal points by the WHO.

      ANNEX
      Proposed indicators to evaluate HEPA levels and HEPA policies in the EU, taking into account the EU Physical Activity Guidelines (EU PA GL) (1)

                  Thematic areas of the EU PA GL

                  Proposed indicators and variables/units

                  Data availability

                  International PA recommendations and guidelines
                  (EU PA GL 1-2)

                              1.

                              National recommendation on physical activity for health
                              Yes/no

                      (5)

                              2.

                              Adults reaching the minimum WHO recommendation on physical activity for health or equivalent national recommendations
                              Percentage of adults reaching a minimum of 150 minutes of moderate-intensity physical activity per week, or 75 minutes of vigorous-intensity activity, or an equivalent combination

                      (5)

                              3.

                              Children and adolescents reaching the minimum WHO recommendation on physical activity for health or equivalent national recommendations
                              Percentage of children and adolescents reaching at least 60 minutes of mode-rate- to vigorous-intensity physical activity daily or on at least five days/week

                      (5)

                  Cross-sectoral approach
                  (EU PA GL 3-5)

                              4.

                              National coordination mechanism on HEPA promotion
                              Yes/no; if yes, further details

                      (5)

                              5.

                              Funding allocated specifically to HEPA promotion
                              By sector (health, sport, transport etc.):

                                          —

                                          total funding,

                                          —

                                          per capita,

                                          —

                                          by gross domestic product at PPP per capita, in Euros.

                      (2)

                  ‘Sport’
                  (EU PA GL 6-13)

                              6.

                              National sport for all policy and/or action plan
                              Yes/no; if yes, further details

                      (5)

                              7.

                              Health-oriented sport clubs (Sport Clubs for Health Programme)
                              Implementation of the guidelines developed by HEPA Europe/TAFISA project: yes/no; if yes, description

                      (3)

                              8.

                              Framework to support opportunities to increase access to recreational or exercise facilities for low socio-economic groups
                              Existence of a framework: yes/foreseen within the next two years/no; and, if yes, description

                      (4)

                              9.

                              Target groups addressed by the national HEPA policy
                              By target group (groups in particular need of physical activity (e.g. low socio-economic groups, people with low levels of PA, elderly, ethnic minorities etc.))

                      (5)

                  ‘Health’
                  (EU PA GL 14-20)

                              10.

                              Monitoring and surveillance of physical activity and sedentary behaviour
                              Physical activity and sedentary behaviour included in the national health monitoring system: yes/no; if yes, further details

                      (4)

                              11.

                              Counselling on physical activity performed by health professionals
                              Counselling on physical activity: yes/no; if yes: reimbursed as part of primary health care services: yes/no

                      (4)

                              12.

                              Training on physical activity in curriculum for health professionals

                                          —

                                          number of hours for nurses, doctors,

                                          —

                                          mandatory or optional,

                                          —

                                          clear assessment and accreditation structures to reflect the learning outcomes of the subject.

                      (3)

                  ‘Education’
                  (EU PA GL 21-24)

                              13.

                              Physical education in primary and secondary schools

                                          —

                                          number of hours per school level,

                                          —

                                          mandatory or optional,

                                          —

                                          national or sub-national regulation.

                      (4)

                              14.

                              Schemes for school-related physical activity promotion
                              Existence of a national or sub-national scheme: yes/no; if yes, further details

                      (3)

                              15.

                              HEPA in training of physical education teachers
                              HEPA being a module in training of PE teachers at bachelor's and/or master's degree level: yes/no; mandatory/optional

                      (3)

                              16.

                              Schemes promoting active travel to school
                              National or sub-national (where relevant) schemes to promote active travel to school (e.g. walking buses, cycling): yes/no, if yes: description

                      (4)

                  ‘Environment, urban planning, public safety’
                  (EU PA GL 25-32)

                              17.

                              Level of cycling/walking
                              Main mode of transport used for your daily activities (car, motorbike, public transport, walking, cycling, other)

                      (5)

                              18.

                              European Guidelines for improving Infrastructures for Leisure-Time Physical Activity
                              European Guidelines for improving Infrastructures for Leisure-Time Physical Activity being applied systematically to plan, build and manage infrastructures:
                              Yes/not yet but foreseen within the next two years/no

                      (3)/ (4)

                  ‘Working environment’
                  (EU PA GL 33-34)

                              19.

                              Schemes to promote active travel to work
                              Existence of a national or sub-national (where relevant) incentive scheme for companies or employees to promote active travel to work (e.g. walking, cycling): yes/no, if yes: description

                      (4)

                              20.

                              Schemes to promote physical activity at the work place
                              Existence of a national or sub-national (where relevant) incentive scheme for companies to promote physical activity at the work place (e.g. gyms, showers, walking stairs etc.): yes/no

                      (4)

                  ‘Senior citizens’
                  (EU PA GL 35-37)

                              21.

                              Schemes for community interventions to promote PA in elderly people
                              Existence of a scheme for community interventions to promote PA in elderly people: yes/no; if yes: description

                      (4)

                  ‘Indicators/evaluation’
                  (EU PA GL 38)

                              22.

                              National HEPA policies that include a plan for evaluation
                              x out of y national HEPA policies (sport, health, transport, environment, by sector) include a clear intention or plan for evaluation

                      (5)

                  ‘Public awareness’
                  (EU PA GL 39)

                              23.

                              Existence of a national awareness raising campaign on physical activity
                              Yes/no, if yes: description

                      (4)

         (1)  The information and data that Member States are recommended to provide in the context of the light monitoring framework are expected to improve over time. Support for that framework is proposed to come from the cooperation and capacity building activities foreseen in this Recommendation.

         (2)  data not yet collected.

         (3)  data not yet collected but planned within NOPA.

         (4)  data available (i.e. included in country templates or through other available source) but not yet validated, or needs updating.

         (5)  data available and validated within NOPA.


Avis juridique important

|

31978K0282

78/282/ECSC: Commission Recommendation of 9 March 1978 to the Governments of the Member States amending Commission Recommendation 77/330/ECSC of 15 April 1977, as last amended by Recommendation 77/808/ECSC of 23 December 1977, establishing Community surveillance in respect of the importation into the Community of certain iron and steel products covered by the Treaty establishing the European Coal and Steel Community, originating in third countries

Official Journal L 073 , 15/03/1978 P. 0037 - 0038

****( 1 ) OJ NO L 114 , 5 . 5 . 1977 , P . 15 .  ( 2 ) OJ NO L 352 , 31 . 12 . 1977 , P . 15 .  ( 3 ) OJ NO L 353 , 31 . 12 . 1977 , P . 1 .    COMMISSION RECOMMENDATION   OF 9 MARCH 1978   TO THE GOVERNMENTS OF THE MEMBER STATES AMENDING COMMISSION RECOMMENDATION 77/330/ECSC OF 15 APRIL 1977 , AS LAST AMENDED BY RECOMMENDATION 77/808/ECSC OF 23 DECEMBER 1977 , ESTABLISHING COMMUNITY SURVEILLANCE IN RESPECT OF THE IMPORTATION INTO THE COMMUNITY OF CERTAIN IRON AND STEEL PRODUCTS COVERED BY THE TREATY ESTABLISHING THE EUROPEAN COAL AND STEEL COMMUNITY , ORIGINATING IN THIRD COUNTRIES  ( 78/282/ECSC )   THE COMMISSION OF THE EUROPEAN   COMMUNITIES ,   HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN COAL AND STEEL COMMUNITY , AND IN PARTICULAR ARTICLE 74 ( 3 ) THEREOF ,   WHEREAS , BY RECOMMENDATION 77/330/ECSC OF 15 APRIL 1977  ( 1 ), AS LAST AMENDED BY RECOMMENDATION 77/808/ECSC OF 23 DECEMBER 1977 ( 2 ), THE COMMISSION ESTABLISHED COMMUNITY SURVEILLANCE IN RESPECT OF THE IMPORTATION INTO THE COMMUNITY OF CERTAIN IRON AND STEEL PRODUCTS COVERED BY THE ECSC TREATY IN ORDER TO FOLLOW DEVELOPMENTS THEREIN AND TO ENSURE THAT SUCH IMPORTS OR THE CONDITIONS UNDER WHICH THEY ARE EFFECTED DO NOT THREATEN TO CAUSE SERIOUS INJURY TO COMMUNITY PRODUCTION ;   WHEREAS FOR THOSE PURPOSES THE APPLICATION BY THE IMPORTER MUST CONTAIN CERTAIN INFORMATION SPECIFIED IN ARTICLE 2 OF THE SAID RECOMMENDATION ;   WHEREAS IN RESPECT OF IMPORTS OF IRON AND STEEL PRODUCTS ORIGINATING IN CERTAIN THIRD COUNTRIES THE APPLICATION BY THE IMPORTER NEED NO LONGER STATE THE EFFECTIVE PRICE ( BASIC PRICE PLUS EXTRAS ) ESTABLISHED BY CONTRACT FREE DUTY-PAID , BUT IT IS NEVERTHELESS NECESSARY FOR THESE SAME PRODUCTS , FOR SURVEILLANCE PURPOSES , THAT THE IMPORTER ' S APPLICATION SHOULD MENTION THE DELIVERY PRICE AT DESTINATION AS WELL AS THE CHARACTERISTICS OF THE CONTRACT WHICH HAVE LED TO THE FIXING OF THIS PRICE ,   MAKES THE FOLLOWING RECOMMENDATION :   ARTICLE 1   ARTICLE 2 OF RECOMMENDATION 77/330/ECSC OF 15 APRIL 1977 IS REPLACED BY THE FOLLOWING TEXT :   ' 1 .   THE APPLICATION BY THE IMPORTER SHALL STATE :  ( A ) THE NAME AND ADDRESS OF THE IMPORTER ;  ( B ) FOR PRODUCTS ORIGINATING IN THIRD COUNTRIES LISTED IN THE ANNEX AND FOR CONCRETE REINFORCING BARS ( CCT SUBHEADING EX 73.10 A II ) OF SWISS ORIGIN , THE PRODUCT DESCRIPTION AS FAR AS COMMERCIAL USAGE IS CONCERNED AS WELL AS ALL THE CHARACTERISTICS OF THE CONTRACT WHICH HAVE LED TO THE FIXING OF THE DELIVERY PRICE AT DESTINATION ;  ( C ) THE DESCRIPTION OF THE PRODUCTS ORIGINATING IN OTHER THIRD COUNTRIES WHICH CORRESPONDS TO OR IS CLOSEST TO THAT CONTAINED IN THE LIST OF PRODUCTS PUBLISHED IN THE OFFICIAL JOURNAL OF THE EUROPEAN COMMUNITIES ( 3 );  ( D ) THE COUNTRY OF ORIGIN , AND , WHERE APPROPRIATE , THE COUNTRY OF LAST EXPORT ;  ( E ) THE PLACE OF DESTINATION ;  ( F )  THE QUANTITY OF THE PRODUCTS IN TONNES ;  ( G ) THE EFFECTIVE PRICE ( BASIC PRICE PLUS EXTRAS ) ESTABLISHED BY CONTRACT FREE DUTY-PAID , EXCEPT IN THE CASE OF PRODUCTS ORIGINATING IN THE THIRD COUNTRIES LISTED IN THE ANNEX AND OF CONCRETE REINFORCEMENT BARS FALLING WITHIN CCT SUBHEADING EX 73.10 A II , ORIGINATING IN SWITZERLAND ;  ( H ) THE EFFECTIVE PRICE FREE AT DESTINATION FOR THE PRODUCTS ORIGINATING IN THE THIRD COUNTRIES LISTED IN THE ANNEX AND OF CONCRETE REINFORCEMENT BARS FALLING WITHIN CCT SUBHEADING EX 73.10 A II , ORIGINATING IN SWITZERLAND ;  ( I )  THE DATE OF THE PURCHASE CONTRACT FOR THE PRODUCTS WHICH IT IS PROPOSED TO IMPORT AND THE PROPOSED DATE AND PLACE OF IMPORTATION .   2 .  THE IMPORTER SHALL DECLARE THAT NO REBATE NOT MENTIONED IN THE PURCHASE CONTRACT OR CONTRACTS WILL BE GRANTED .   3 .  THE IMPORTER SHALL CERTIFY THAT THIS IMPORT DOCUMENT APPLICATION IS ACCURATE . '   ARTICLE 2   ARTICLE 3 OF THE SAID RECOMMENDATION IS HEREBY REPLACED AS FOLLOWS :   ' 1 .  THE MEMBER STATES SHALL COMMUNICATE TO THE COMMISSION , AS SOON AS SUCH INFORMATION IS NOTED BY THEIR CUSTOMS AUTHORITIES :   IN RESPECT OF PRODUCTS ORIGINATING IN SWITZERLAND , OTHER THAN CONCRETE REINFORCEMENT BARS , AND PRODUCTS ORIGINATING IN THIRD COUNTRIES OTHER THAN THOSE LISTED IN THE ANNEX , ANY DIFFERENCE BETWEEN THE PRICE PUBLISHED IN THE OFFICIAL JOURNAL OF THE EUROPEAN COMMUNITIES AND THE EFFECTIVE PRICE  ( BASIC PRICE PLUS EXTRAS ) ESTABLISHED BY CONTRACT FREE DUTY-PAID .   2 .  WITHIN THE FIRST 10 DAYS OF EACH MONTH , MEMBER STATES SHALL NOTIFY THE COMMISSION OF :  ( A ) THE QUANTITIES AND AMOUNTS , CALCULATED ON THE BASIS OF THE BASIC CIF PRICES , FOR WHICH IMPORT DOCUMENTS WERE ISSUED IN THE PRECEDING MONTH ;  ( B ) THE IMPORTS EFFECTED IN THE MONTH PRECEDING THAT REFERRED TO IN ( A ).   3 .  THE INFORMATION FROM THE MEMBER STATES SHALL BE BROKEN DOWN BY THIRD COUNTRY OF ORIGIN AND BY PRODUCT , ON THE BASIS OF THE DESCRIPTION AND COMMON CUSTOMS TARIFF HEADING NUMBERS SET OUT IN THE ANNEX . '   ARTICLE 3   THIS RECOMMENDATION SHALL BE NOTIFIED TO THE GOVERNMENTS OF THE MEMBER STATES AND PUBLISHED IN THE OFFICIAL JOURNAL OF THE EUROPEAN COMMUNITIES .   IT SHALL ENTER INTO FORCE FOR EACH MEMBER STATE ON THE DATE OF ITS NOTIFICATION .   DONE AT BRUSSELS , 9 MARCH 1978 .   FOR THE COMMISSION   WILHELM HAFERKAMP   VICE-PRESIDENT ****   ANNEX   LIST OF THIRD COUNTRIES MENTIONED IN ARTICLE 2   AUSTRIA   FINLAND   NORWAY   PORTUGAL   SWEDEN


title: Recommendation for a Council recommendation to Germany with a view to bringing an end to the situation of an excessive government deficit • Application of Article 104(7) of the Treaty

text: ---pagebreak---  ---pagebreak---  ---pagebreak---  ---pagebreak---


Avis juridique important

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31977H0173

77/173/EEC: Commission Recommendation of 10 February 1977 addressed to the Government of the Kingdom of Denmark concerning a draft decree implementing certain provisions of Directive 74/561/EEC

Official Journal L 057 , 02/03/1977 P. 0009 - 0010

COMMISSION RECOMMENDATION of 10 February 1977 addressed to the Government of the Kingdom of Denmark concerning a draft decree implementing certain provisions of Directive 74/561/EEC (77/173/EEC) In a letter of 8 July 1976 the Office of the Danish Permanent Representative to the European Communities sent the Commission, for consultation, the text of a draft decree, dated 9 May 1974, concerning the implementation of the Council Directive of 12 November 1974 on admission to the occupation of road haulage operator in national and international transport operations (1).  This communication was made under Article 7 (1) of the Directive, pursuant to which "Member States shall, after consulting the Commission and before 1 January 1977, adopt the measures necessary for the implementation of this Directive, in particular Article 3 (4) thereof".  The Commission makes the following recommendation with regard to the draft decree in question:    1. The Commission finds that, in accordance with Article 7 (1) of the Directive, the draft decree issued by the Danish Government defines and brings into operation the principle of professional competence laid down in Article 3 (4) of that Directive.  However, the Commission would point out to the Danish Government that, according to the first subparagraph of Article 3 (4), the necessary knowledge for satisfying the condition as to professional competence is to be acquired by attending courses, by practical experience in a transport undertaking, or by a combination of both. This list is restrictive and therefore eliminates any other possibility.  The Commission therefore recommends that the Danish Government amend its draft decree on this point and delete the reference to employment in a forwarding agency.  The Commission would also draw the attention of the Danish Government to the wording of the final subparagraph of Article 3 (4) : "The production of a certificate issued by the authority or body designated for that purpose by each Member State shall constitute proof of professional competence".  The Commission therefore recommends that the Danish Government include a provision to this effect in its draft decree.       2. The Commission has no comment to make on the programme relative to the knowledge required, laid down by the draft decree.       3. The Commission also notes that the conditions as to good repute and financial standing provided for in Article 3 of the Directive, and the rules governing the fulfilment by the applicant undertaking of the provisions of Article 3 (a) and (b) are already covered by legal provisions now in force in Denmark.  (1) OJ No L 308, 19.11.1974, p. 18.   However, the Commission would remind the Danish Government of the provision laid down in the first sentence of the third subparagraph of Article 3 (1):  "Where the applicant is an undertaking, provisions (a) and (c) above must be satisfied by one of the natural persons who will continuously and effectively manage the transport operations of the undertaking ...".  The Commission therefore recommends that the Danish Government include a provision to this effect in Article 8 of the Decree of 19 October 1973.       4. The Commission would also remind the Danish Government:      (a) that the provisions referred to in paragraph 3 must be implemented in accordance with the rules laid down by the Directive of 12 November 1974 and must be referred to the Commission for consultation, as provided for in Article 7 (1);           (b) that such measures, which bear upon both national and international transport operations, must include:        - the conditions governing the continued operation of an undertaking under the circumstances provided for in Article 4 (1),               - the withdrawal of the authorization by the competent authority if it finds that the provisions of Article 3 (1) (a), (b) or (c) are no longer complied with,               - the requirement that the grounds on which decisions to reject an application for admission to the occupation are versed, shall be stated,               - the possibility for those concerned to defend their interests by appropriate means with regard to the decisions referred to in Article 6 (1) and (2),               - where appropriate, the transitional measures provided for in Article 5.                            As the draft decree brought in by the Danish Government is silent on this matter, the Commission recommends that the Danish Government make good the deficiency and take the necessary steps.         Done at Brussels, 10 February 1977.  For the Commission  Richard BURKE  Member of the Commission


Important legal notice

|

52004SC1376

Recommendation from the Commission to the Council for the European Community to negotiate on an amendment to Article 2(10) and adjustments to the Montreal Protocol on substances that deplete the ozone layer  /* SEC/2004/1376 final */

	Brussels, 12.11.2004SEC(2004)1376 finalRECOMMENDATION FROM THE COMMISSION TO THE COUNCILfor the European Community to negotiate on an amendment to Article 2(10) and adjustments to the Montreal Protocol on substances that deplete the ozone layerA. EXPLANATORY MEMORANDUM1. The Community and its Member States are Parties to the Vienna Convention for the protection of the ozone layer and to the protocol adopted under that convention, the Montreal Protocol on Substances that Deplete the Ozone Layer. The XV1th meeting of the Parties will take place in Prague from 22-26 November 2004. An Open-Ended Working Group to prepare the Prague meeting took place in Geneva from 12-16 July 2004.2. The Secretariat of the Convention circulated on 28 May a proposed amendment to Article 2(10), put forward by the European Community (see annexes). The proposal aims to introduce an accelerated procedure for the introduction of new controlled substances. It would also incorporate adequate procedural safeguards, so that no Party need be bound by a decision to modify the Protocol until it is in a position to comply with any new obligations (‘opt-out’).3. The main objective of the Recommendation is that the European Commission be authorised, on behalf of the European Community, to take part in the negotiations on an amendment for an expedited procedure for adding new ozone depleting substances to the control measures provided for under the Montreal Protocol. In addition, there is a need for a coordinated Community position at the XVIth meeting of the Parties for the adjustment of the control schedule for methyl bromide, applicable to Article 5 countries (developing countries), essentially through proposing interim reduction steps leading to phase out. Community coordination is also needed for other issues, notably critical use nominations for methyl bromide for developed countries.4. These negotiating objectives were discussed with Member States in a National Expert meeting on the 6 May 2004 and during the preparatory meeting of the Parties to the Montreal Protocol in Geneva, 12-16 July 2004, where there was full agreement.5. The proposal will have no impact on the Community budget. Any conclusions that may emerge from the meeting requiring implementation through Community law should be consistent with the Treaty and in particular the Community's ozone regulation on “Substances that Deplete the Ozone Layer”– (EC) 2037/2000.B. RECOMMENDATIONIn the light of the above, the Commission recommends that the Council authorises that :a) The Commission will participate, on behalf of the European Community, in the negotiations on the amendment to Article 2(10) of the Montreal Protocol on substances that deplete the ozone layer and other matters of substance affecting the implementation of Regulation (EC) No 2037/2000b) The Commission will conduct these negotiations on behalf of the European Community in consultation with the special committee designated by the Council,c) To the extent that the agreement falls partly within the competence of the Community and by the competence of the Member States, the Commission and the Member States by means of co-ordination on the spot, co-operate closely with the view of arriving at unity in the international representation of the European Community, during the negotiation process, and;d) That the Council issues the appended negotiating directives.ANNEXNEGOTIATING DIRECTIVES1. The Commission shall ensure that an agreement leading to any revision of the Montreal Protocol and its application are consistent with relevant Community legislation and in particular with Council Regulation (EC) No 2037/2000 on Substances that Deplete the Ozone Layer (OJ L 244 of 29.9.2000).2. The Commission shall ensure that the draft amendment to the Protocol includes appropriate provisions enabling the Community to become a Party thereto.3. The Commission shall report to the Council on the outcome of the negotiations and, where appropriate, on any problem that may arise during the negotiations.


/* 64/242/EEC: Commission Recommendation of 8 April 1964 to the Member States on the certificate attesting to the nationality of a film as provided for in Article 11 of the first Directive on the film industry */


title: Commission Recommendation (EU) 2017/1805 of 3 October 2017 on the professionalisation of public procurement — Building an architecture for the professionalisation of public procurement (Text with EEA relevance. )

text:
               7.10.2017

               EN

               Official Journal of the European Union

               L 259/28

         COMMISSION RECOMMENDATION (EU) 2017/1805
   of 3 October 2017
   on the professionalisation of public procurement
   Building an architecture for the professionalisation of public procurement
   (Text with EEA relevance)
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 292 thereof,
   Whereas:

               (1)

               Public procurement is an instrument to achieve smart, sustainable and inclusive growth. This instrument could have significant economic impact (1) in contributing to the Commission's agenda for growth, jobs and cross-border trade. Efficient, effective and competitive public procurement is both a touchstone for a well-functioning single market and a major channel for European investments (2).

               (2)

               The directives on public procurement adopted in 2014 (3) provide a toolbox enabling Member States to make more efficient and strategic use of public procurement. Public procurement is facing new challenges as it is increasingly expected to: demonstrate best value for public money in ever-constricting budgetary environments; use the opportunities of digitisation and evolving markets; make a strategic contribution to horizontal policy objectives and societal values such as innovation, social inclusion and economic and environmental sustainability; maximise accessibility and show accountability for minimising inefficiencies, waste, irregularities, fraud and corruption, as well as building responsible supply chains.

               (3)

               The need to ensure the efficient application of public procurement rules at all levels is necessary to make the best out of this essential lever for European investment, as spelled out in the Investment Plan for Europe (4), and to achieve a stronger single market called for in the 2017 State of the Union address of President Juncker. Efficiency is also among the areas of improvement in public procurement signalled through the European semester process.

               (4)

               Therefore, the most efficient use of public funds needs to be ensured and public buyers need to be in a position to procure according to the highest standards of professionalism. Enhancing and supporting professionalism among public procurement practitioners can help foster the impact of public procurement in the whole economy (5).

               (5)

               The objective of the professionalisation of public procurement is understood broadly to reflect the overall improvement of the whole range of professional skills and competences, knowledge and experience of the people conducting or participating in tasks related to procurement (6). It covers also the tools and support as well as the institutional policy architecture that are necessary to do the job effectively and deliver results (7). Therefore, an effective professionalisation policy should be based on an overall strategic approach along three complementary objectives:

                           I.

                           Developing the appropriate policy architecture for professionalisation: to have a real impact, any professionalisation policy should count on high level political support. This means defining a clear assignment of responsibilities and tasks to institutions at central policy level, supporting efforts at local, regional and sectoral levels, ensuring continuation across political cycles, using where appropriate, the institutional structures promoting specialisation, aggregation and sharing of knowledge.

                           II.

                           Human resources — improving training and career management of procurement practitioners: public procurement practitioners, i.e. those involved in the procurement of goods, services and works, as well as auditors and officials responsible for the review of public procurement cases, must have the right qualifications, training, skills and experience needed for their level of responsibility. This means securing experienced, skilled and motivated staff, offering the necessary training and continuous professional development, as well as developing a career structure and incentives to make the public procurement function attractive and to motivate public officers to deliver on strategic outcomes.

                           III.

                           Systems — providing tools and methodologies to support professional procurement practice: public procurement practitioners must be equipped with the right tools and support to act efficiently and get best value for money for each purchase. This means ensuring the availability of tools and processes to deliver smart procurement, such as: e-Procurement tools, guidelines, manuals, templates and cooperation tools, with corresponding training, support and expertise, aggregation of knowledge and exchange of good practice.

               (6)

               This Recommendation (8) encourages the development and implementation of professionalisation policies in the Member States, by offering a reference framework for consideration (9). The desired outcome of this initiative is to help Member States to build the policy for professionalisation to increase the profile, influence, impact and reputation of procurement in delivering public objectives.

               (7)

               This Recommendation is addressed to Member States and to their public administration primarily at national level. However, under their centralised or decentralised procurement system, Member States should further encourage and support contracting authorities/entities in rolling out professionalisation initiatives. Therefore, Member States should draw this Recommendation to the attention of bodies responsible for public procurement at all levels as well as of the bodies in charge of training the auditors and officials responsible for the review of public procurement cases.

         HAS ADOPTED THIS RECOMMENDATION:
   I.   DEFINING THE POLICY FOR THE PROFESSIONALISATION OF PUBLIC PROCUREMENT

               1.

               Member States should develop and implement long term professionalisation strategies for public procurement, tailored to their needs, resources and administrative structure, standalone or as part of wider professionalisation policies of public administration. The aim is to attract, develop and retain skills, focus on performance and strategic outcomes and make the most out of the available tools and techniques. These strategies should:

                           (a)

                           address all the relevant participants in the procurement process and be developed through an inclusive process at national, regional and local level;

                           (b)

                           be applied in coordination with other policies across the whole public sector; and

                           (c)

                           take stock of developments in other Member States and at international level.

               2.

               Member States should also encourage and support contracting authorities/entities in implementing the national professionalisation strategies, developing professionalisation initiatives as well as appropriate institutional architecture and cooperation for a more coordinated, efficient and strategic procurement based on, among other things:

                           (a)

                           increased cooperation between relevant services and between contracting authorities/entities; and

                           (b)

                           the expertise and support of training institutions, central purchasing bodies and of procurement-oriented professional organisations.

         II.   HUMAN RESOURCES — IMPROVING TRAINING AND CAREER MANAGEMENT

               3.

               Member States should identify and define the baseline of skills and competences any public procurement practitioner should be trained in and possess, taking into account the multidisciplinary nature of procurement projects, both for dedicated procurement officials and for related functions as well as for judges and auditors, such as:

                           (a)

                           frameworks for skills and competences to support recruitment and career management processes and in designing training curricula; and

                           (b)

                           a common competence framework for public procurement at European level.

               4.

               Member States should develop appropriate training programmes — initial and lifelong — based on data and needs assessment, as well as on competence frameworks where available, such as:

                           (a)

                           developing and/or supporting the development of the initial training offer, at graduate and post-graduate level and other entry-level career training;

                           (b)

                           providing and/or supporting a comprehensive, targeted and accessible offer of lifelong training and learning;

                           (c)

                           multiplying the training offer via innovative, interactive solutions or eLearning tools, as well as replication schemes; and

                           (d)

                           drawing benefits from academic cooperation and research to develop a sound theoretical backing for procurement solutions.

               5.

               Member States should also develop and support the uptake by contracting authorities/entities of sound human resources management, career planning and motivational schemes specific to the procurement functions aiming to attract and retain qualified staff to procurement and encouraging practitioners to deliver better quality and a more strategic approach in public procurement, such as:

                           (a)

                           recognition and/or certification schemes which properly identify and reward procurement functions;

                           (b)

                           career structures, institutional incentives and political support to deliver strategic outcomes; and

                           (c)

                           excellence awards to promote good practice in areas such as innovation, green and socially responsible public procurement or anti-corruption.

         III.   SYSTEMS — PROVIDING TOOLS AND METHODOLOGIES

               6.

               Member States should encourage and support the development and uptake of accessible IT tools which can simplify and improve the functioning of procurement systems, such as:

                           (a)

                           enabling access to information by creating single online portals;

                           (b)

                           developing IT tools with corresponding training, (e.g. for economies of scale, energy efficiency or team working), or supporting corresponding market driven solutions; and

                           (c)

                           promoting a strategic approach to digitalisation through standardisation, sharing, reuse and interoperability of products and services particularly through using existing IT solutions available at EU level (10), as well as contributing to developing instruments such as an online catalogue of ICT standards for procurement (11).

               7.

               Member States should support and promote integrity, at individual and institutional level, as an intrinsic part of professional conduct, by providing tools to ensure compliance and transparency and guidance on prevention of irregularities, such as:

                           (a)

                           establishing codes of ethics as well as charters for integrity;

                           (b)

                           using data on irregularities (12) as feedback to develop corresponding trainings and guidance as well as to promote self-cleaning; and

                           (c)

                           developing specific guidance to prevent and detect fraud and corruption, including through whistleblowing channels.

               8.

               Member States should provide guidance aiming, on the one hand, to give legal certainty on EU and national law or requirements stemming from the EU's international obligations and, on the other hand, to facilitate and promote strategic thinking, commercial judgment and intelligent/informed decision making, such as:

                           (a)

                           targeted guidance materials, methodological handbooks and repositories of good practices and most common errors, that are up-to-date, user-friendly, easily accessible and grounded in the experience of practitioners; and

                           (b)

                           standardised templates and tools for various procedures such as green public procurement criteria.

               9.

               Member States should promote the exchange of good practice and provide support for practitioners to ensure professional procurement procedures, cooperative work and transmission of expertise such as:

                           (a)

                           providing technical assistance by means of reactive helpdesks, hotlines and/or email services;

                           (b)

                           organising seminars and workshops to share new legal developments, policy priorities and good practice; and

                           (c)

                           encouraging communities of practitioners through online fora and professional social networks.

         IV.   FOLLOW-UP TO THIS RECOMMENDATION — REPORTING AND MONITORING

               10.

               It is recommended that Members States should inform the Commission of action taken in response to this Recommendation when reporting under Article 83 of Directive 2014/24/EU, Article 45 of Directive 2014/23/EU and Article 99 of Directive 2014/25/EU.

      Done at Strasbourg, 3 October 2017.

            For the Commission

         Elżbieta BIEŃKOWSKA

            Member of the Commission

      (1)  Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions: Upgrading the Single Market: more opportunities for people and business (COM(2015) 550).

      (2)  Almost half of the cohesion funding is channelled through public procurement. During the period 2014-2020, the EU will invest EUR 325 billion — almost a third of the total EU budget — in Europe's regions through the European Structural and Investment Funds, which aim to promote economic growth, job creation, competitiveness and to reduce development disparities.

      (3)  Directive 2014/24/EU of the European Parliament and of the Council of 26 February 2014 on public procurement and repealing Directive 2004/18/EC (OJ L 94, 28.3.2014, p. 65) (the ‘Classical Directive’), Directive 2014/23/EU of the European Parliament and of the Council of 26 February 2014 on the award of concession contracts (OJ L 94, 28.3.2014, p. 1) (the ‘Concessions Directive’), and Directive 2014/25/EU of the European Parliament and of the Council of 26 February 2014 on procurement by entities operating in the water, energy, transport and postal services sectors and repealing Directive 2004/17/EC (OJ L 94, 28.3.2014, p. 243) (the ‘Utilities Directive’), and in particular their Articles 83(4), 45(4) and 99(4) respectively.

      (4)  Communication from the Commission to the European Parliament, the Council, the European Central Bank, the European Economic and Social Committee, the Committee of the Regions and the European Investment Bank: An investment plan for Europe (COM(2014) 903).

      (5)  The Staff Working Document (SWD(2015) 202) accompanying the single market strategy estimated the potential economic gains from solving problems due to professionalisation to more than EUR 80 billion.

      (6)  This covers the full scope of the work of procurement officers who are involved in any stage of the procurement process from the identification of needs through to contract management — be they in the central or decentralised administrations or institutions, in roles specifically defined as procurement related or merely responsible for certain tasks related to procurement.

      (7)  The need to develop a procurement workforce with the capacity to continually deliver value for money is also stressed in the 2015 OECD Recommendation on Public Procurement. http://www.oecd.org/gov/ethics/OECD-Recommendation-on-Public-Procurement.pdf

      (8)  The Commission does not intend to prescribe a specific model, but to invite Member States and relevant administrations to address relevant issues. There is a clear recognition that everyone is at different stages of their journey. Nonetheless, the new directives require Member States to ensure that (a) information and guidance on the interpretation and application of EU public procurement law is available free of charge to assist contracting authorities and economic operators, in particular SMEs; and (b) support is available to contracting authorities in planning and carrying out procurement procedures.

      (9)  The Recommendation will be accompanied by a collection of good practices from Member States.

      (10)  Among others: the Single Digital Gateway and Connecting Europe Digital Service Infrastructure Building Blocks (eIdentity, eSignature, eDelivery, eInvoicing).

      (11)  https://joinup.ec.europa.eu/community/european_catalogue/

      (12)  While respecting the data protection legislation and the fundamental right to protection of personal data.


title: Commission Recommendation of 17 December 2007 on relevant product and service markets within the electronic communications sector susceptible to ex ante regulation in accordance with Directive 2002/21/EC of the European Parliament and of the Council on a common regulatory framework for electronic communications networks and services (notified under document number C(2007) 5406) (Text with EEA relevance )

text:
               28.12.2007

               EN

               Official Journal of the European Union

               L 344/65

      COMMISSION RECOMMENDATION

   of 17 December 2007
   on relevant product and service markets within the electronic communications sector susceptible to ex ante regulation in accordance with Directive 2002/21/EC of the European Parliament and of the Council on a common regulatory framework for electronic communications networks and services
   (notified under document number C(2007) 5406)
   (Text with EEA relevance)
   (2007/879/EC)
   THE COMMISSION OF THE EUROPEAN COMMUNITIES,
   Having regard to the Treaty establishing the European Community,
   Having regard to Directive 2002/21/EC of the European Parliament and of the Council of 7 March 2002 on a common regulatory framework for electronic communications networks and services (1), and in particular Article 15(1) thereof,
   Whereas:

               (1)

               Directive 2002/21/EC establishes a legislative framework for the electronic communications sector that seeks to respond to convergence trends by covering all electronic communications networks and services within its scope. The aim of the regulatory framework is to reduce ex ante sector-specific rules progressively as competition in the market develops.

               (2)

               The purpose of this Recommendation is to identify those product and service markets in which ex ante regulation may be warranted in accordance with Article 15(1) of Directive 2002/21/EC. The objective of any ex ante regulatory intervention is ultimately to produce benefits for end-users by making retail markets competitive on a sustainable basis. The definition of relevant markets can and does change over time as the characteristics of products and services evolve and the possibilities for demand and supply substitution change. With the Recommendation 2003/311/EC having been in force for more than four years, it is now appropriate to revise the initial edition on the basis of market developments. Hence, this Recommendation replaces Commission Recommendation 2003/311/EC (2).

               (3)

               Article 15(1) of Directive 2002/21/EC requires the Commission to define markets in accordance with the principles of competition law. Competition law principles are therefore used in this Recommendation to set product market boundaries within the electronic communications sector, while the identification or selection of defined markets for ex ante regulation depends on those markets having characteristics which may be such as to justify the imposition of ex ante regulatory obligations. The terminology used in this Recommendation is based on terminology used in Directive 2002/21/EC and Directive 2002/22/EC; the Explanatory Note to this Recommendation describes the evolving technologies in relation to these markets. In accordance with Directive 2002/21/EC, it is for national regulatory authorities to define relevant markets appropriate to national circumstances, in particular relevant geographic markets within their territory.

               (4)

               The starting point for the identification of markets in this Recommendation is the definition of retail markets from a forward-looking perspective, taking into account demand-side and supply-side substitutability. Having defined retail markets, it is then appropriate to identify relevant wholesale markets. If the downstream market is supplied by a vertically-integrated undertaking or undertakings, there may be no (merchant) wholesale market in the absence of regulation. Consequently, if the market warrants identification, it may be necessary to construct a notional upstream wholesale market. Markets in the electronic communications sector are often of a two-sided nature, in that they comprise services provided over networks or platforms that bring together users on either side of the market; for example end-users that exchange communications, or senders and receivers of information or content. These aspects need to be taken into account when considering the identification and definition of markets, as they can affect both the way markets are defined and whether they have the characteristics which may justify the imposition of ex ante regulatory obligations.

               (5)

               In order to identify markets that are susceptible to ex ante regulation, it is appropriate to apply the following cumulative criteria. The first criterion is the presence of high and non-transitory barriers to entry. These may be of a structural, legal or regulatory nature. However, given the dynamic character and functioning of electronic communications markets, possibilities to overcome barriers to entry within the relevant time horizon should also be taken into consideration when carrying out a prospective analysis to identify the relevant markets for possible ex ante regulation. Therefore the second criterion admits only those markets whose structure does not tend towards effective competition within the relevant time horizon. The application of this criterion involves examining the state of competition behind the barriers to entry. The third criterion is that application of competition law alone would not adequately address the market failure(s) concerned.

               (6)

               The main indicators to be considered when assessing the first and second criteria are similar to those examined as part of a forward-looking market analysis, in particular, indicators of barriers to entry in the absence of regulation, (including the extent of sunk costs), market structure, market performance and market dynamics, including indicators such as market shares and trends, market prices and trends, and the extent and coverage of competing networks or infrastructures. Any market which satisfies the three criteria in the absence of ex ante regulation is susceptible to ex ante regulation.

               (7)

               Newly emerging markets should not be subject to inappropriate obligations, even if there is a first mover advantage, in accordance with Directive 2002/21/EC. Newly emerging markets are considered to comprise products or services, where, due to their novelty, it is very difficult to predict demand conditions or market entry and supply conditions, and consequently difficult to apply the three criteria. The purpose of not subjecting newly emerging markets to inappropriate obligations is to promote innovation as required by Article 8 of the Directive 2002/21/EC; at the same time, foreclosure of such markets by the leading undertaking should be prevented, as also indicated in the Commission guidelines on market analysis and the assessment of significant market power under the Community regulatory framework for electronic communications and services (3). Incremental upgrades to existing network infrastructure rarely lead to a new or emerging market. The lack of substitutability of a product has to be established from both demand and supply-side perspectives before it can be concluded that it is not part of an already existing market. The emergence of new retail services may give rise to a new derived wholesale market to the extent that such retail services cannot be provided using existing wholesale products.

               (8)

               As far as barriers to entry are concerned, two types are relevant for the purpose of this Recommendation: structural barriers and legal or regulatory barriers.

               (9)

               Structural barriers to entry result from original cost or demand conditions that create asymmetric conditions between incumbents and new entrants impeding or preventing market entry of the latter. For instance, high structural barriers may be found to exist when the market is characterised by absolute cost advantages, substantial economies of scale and/or economies of scope, capacity constraints and high sunk costs. To date, such barriers can still be identified with respect to the widespread deployment and/or provision of local access networks to fixed locations. A related structural barrier can also exist where the provision of service requires a network component that cannot be technically duplicated or only duplicated at a cost that makes it uneconomic for competitors.

               (10)

               Legal or regulatory barriers are not based on economic conditions, but result from legislative, administrative or other state measures that have a direct effect on the conditions of entry and/or the positioning of operators on the relevant market. An example of a legal or regulatory barrier preventing entry into a market is a limit on the number of undertakings that have access to spectrum for the provision of underlying services. Other examples of legal or regulatory barriers are price controls or other price-related measures imposed on undertakings, which affect not only entry but also the positioning of undertakings on the market. Legal or regulatory barriers, which can be removed within the relevant time horizon, should not normally be deemed to constitute an economic barrier to entry, such as to fulfil the first criterion.

               (11)

               Barriers to entry may also become less relevant with regard to innovation-driven markets characterised by ongoing technological progress. In such markets, competitive constraints often come from innovative threats from potential competitors that are not currently in the market. In innovation-driven markets, dynamic or longer-term competition can take place among firms that are not necessarily competitors in an existing ‘static’ market. This Recommendation does not identify markets where barriers to entry are not expected to persist over a foreseeable period. In assessing whether barriers to entry are likely to persist in the absence of regulation, it is necessary to examine whether the industry has experienced frequent and successful entry and whether entry has been or is likely in the future to be sufficiently immediate and persistent to limit market power. The relevance of barriers to entry will depend inter alia on the minimum efficient scale of output and the costs which are sunk.

               (12)

               Even when a market is characterised by high barriers to entry, other structural factors in that market may mean that the market tends towards an effectively competitive outcome within the relevant time horizon. Market dynamics may for instance be caused by technological developments, or by the convergence of products and markets which may give rise to competitive constraints being exercised between operators active in distinct product markets. This may also be the case in markets with a limited — but sufficient — number of undertakings having diverging cost structures and facing price-elastic market demand. There may also be excess capacity in a market that would normally allow rival firms to expand output very rapidly in response to any price increase. In such markets, market shares may change over time and/or falling prices may be observed. Where market dynamics are changing rapidly, care should be taken in choosing the relevant time horizon so as to reflect the pertinent market developments.

               (13)

               The decision to identify a market as susceptible to ex ante regulation should also depend on an assessment of the sufficiency of competition law to address the market failures that result from the first two criteria being met. Competition law interventions are unlikely to be sufficient where the compliance requirements of an intervention to redress a market failure are extensive or where frequent and/or timely intervention is indispensable.

               (14)

               The application of the three criteria should limit the number of markets within the electronic communications sector where ex ante regulatory obligations are imposed and thereby contribute to the aim of the regulatory framework to reduce ex ante sector-specific rules progressively as competition in the markets develops. These criteria should be applied cumulatively, so that failure to meet any one of them would indicate that a market should not be identified as susceptible to ex ante regulation.

               (15)

               Regulatory controls on retail services should only be imposed where national regulatory authorities consider that relevant wholesale measures or measures regarding carrier selection or pre-selection would fail to achieve the objective of ensuring effective competition and the fulfilment of public interest objectives. By intervening at the wholesale level, including with remedies which may affect retail markets, Member States can ensure that as much of the value chain is open to normal competition processes as possible, thereby delivering the best outcomes for end-users. This Recommendation therefore mainly identifies wholesale markets, the appropriate regulation of which is intended to address a lack of effective competition that is manifest on end-user markets. Should a national regulatory authority demonstrate that wholesale interventions have been unsuccessful, the relevant retail market may be susceptible to ex ante regulation provided that the three criteria set out above are met.

               (16)

               The process of identifying markets in this Recommendation is without prejudice to markets that may be defined in specific cases under competition law. Moreover, the scope of ex ante regulation is without prejudice to the scope of activities that may be analysed under competition law.

               (17)

               The markets listed in the Annex have been identified on the basis of these three cumulative criteria. For markets not listed in this Recommendation national regulatory authorities should apply the three-criteria test to the market concerned. For the markets in the Annex to Recommendation 2003/311/EC of 11 February 2003, which are not listed in the Annex to this Recommendation, national regulatory authorities should have the power to apply the three-criteria test in order to assess whether, on the basis of national circumstances, a market is still susceptible to ex ante regulation. For markets listed in this Recommendation a national regulatory authority may choose not to carry out a market analysis procedure if it determines that the three criteria are not satisfied for the particular market. National regulatory authorities may identify markets that differ from those listed in this Recommendation, provided that they act in accordance with Article 7 of Directive 2002/21/EC. Failure to notify a draft measure which affects trade between Member States as described in Recital 38 of Directive 2002/21/EC may result in infringement proceedings being taken. Markets other than those listed in this Recommendation should be defined on the basis of competition principles laid down in the Commission Notice on the definition of relevant market for the purposes of Community competition law (4) and be consistent with the Commission Guidelines on market analysis and the assessment of significant market power (5) whilst satisfying the three criteria set out above.

               (18)

               The fact that this Recommendation identifies those product and service markets in which ex ante regulation may be warranted does not mean that regulation is always warranted or that these markets will be subject to the imposition of regulatory obligations set out in the specific Directives. In particular, regulation cannot be imposed or must be withdrawn if there is effective competition on these markets in the absence of regulation, that is to say, if no operator has significant market power within the meaning of Article 14 of Directive 2002/21/EC. Regulatory obligations must be appropriate and be based on the nature of the problem identified, proportionate and justified in the light of the objectives laid down in Directive 2002/21/EC, in particular maximising benefits for users, ensuring no distortion or restriction of competition, encouraging efficient investment in infrastructure and promoting innovation, and encouraging efficient use and management of radio frequencies and numbering resources.

               (19)

               This Recommendation has been subject to a public consultation and to consultation with national regulatory authorities and national competition authorities,

         HEREBY RECOMMENDS:

               1.

               In defining relevant markets appropriate to national circumstances in accordance with Article 15(3) of Directive 2002/21/EC, national regulatory authorities should analyse the product and service markets identified in the Annex to this Recommendation.

               2.

               When identifying markets other than those set out in the Annex, national regulatory authorities should ensure that the following three criteria are cumulatively met:

                           (a)

                           the presence of high and non-transitory barriers to entry. These may be of a structural, legal or regulatory nature;

                           (b)

                           a market structure which does not tend towards effective competition within the relevant time horizon. The application of this criterion involves examining the state of competition behind the barriers to entry;

                           (c)

                           the insufficiency of competition law alone to adequately address the market failure(s) concerned.

               3.

               This Recommendation is without prejudice to market definitions, results of market analyses and regulatory obligations adopted by national regulatory authorities in accordance with Articles 15(3) and 16 of Directive 2002/21/EC prior to the date of adoption of this Recommendation.

               4.

               This Recommendation is addressed to the Member States.

      Done at Brussels, 17 December 2007.

            For the Commission

         Neelie KROES

            Member of the Commission

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

      (2)  OJ L 114, 8.5.2003, p. 45.

      (3)  OJ C 165, 11.7.2002, p. 6.

      (4)  OJ C 372, 9.12.1997, p. 5.

      (5)  OJ C 165, 11.7.2002, p. 6.

      ANNEX
      Retail level

                  1.

                  Access to the public telephone network at a fixed location for residential and non-residential customers.

            Wholesale level

                  2.

                  Call origination on the public telephone network provided at a fixed location.
                  For the purposes of this Recommendation, call origination is taken to include call conveyance, delineated in such a way as to be consistent, in a national context, with the delineated boundaries for the market for call transit and for call termination on the public telephone network provided at a fixed location.

                  3.

                  Call termination on individual public telephone networks provided at a fixed location.
                  For the purposes of this Recommendation, call termination is taken to include call conveyance, delineated in such a way as to be consistent, in a national context, with the delineated boundaries for the market for call origination and the market for call transit on the public telephone network provided at a fixed location.

                  4.

                  Wholesale (physical) network infrastructure access (including shared or fully unbundled access) at a fixed location.

                  5.

                  Wholesale broadband access.
                  This market comprises non-physical or virtual network access including ‘bit-stream’ access at a fixed location. This market is situated downstream from the physical access covered by market 4 listed above, in that wholesale broadband access can be constructed using this input combined with other elements.

                  6.

                  Wholesale terminating segments of leased lines, irrespective of the technology used to provide leased or dedicated capacity.

                  7.

                  Voice call termination on individual mobile networks.


Avis juridique important

|

31981H0263

81/263/EEC: Council Recommendation of 9 April 1981 concerning the discharge to be given to the Commission in respect of the implementation of the operations of the European Development Fund (1975) (Fourth EDF) for the financial year 1979

Official Journal L 122 , 06/05/1981 P. 0030

****( 1 ) OJ NO L 25 , 30 . 1 . 1976 , P . 1 .  ( 2 ) OJ NO L 176 , 1 . 7 . 1976 , P . 8 .  ( 3 ) OJ NO L 25 , 30 . 1 . 1976 , P . 168 .  ( 4 ) OJ NO L 229 , 20 . 8 . 1976 , P . 9 .  ( 5 ) OJ NO C 342 , 31 . 12 . 1980 , P . 1 .    COUNCIL RECOMMENDATION   OF 9 APRIL 1981   CONCERNING THE DISCHARGE TO BE GIVEN TO THE COMMISSION IN RESPECT OF THE IMPLEMENTATION OF THE OPERATIONS OF THE EUROPEAN DEVELOPMENT FUND ( 1975 ) ( FOURTH EDF ) FOR THE FINANCIAL YEAR 1979  ( 81/263/EEC )   THE COUNCIL OF THE EUROPEAN   COMMUNITIES ,   HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY , AND IN PARTICULAR ARTICLE 206B THEREOF ,   HAVING REGARD TO THE ACP-EEC CONVENTION OF LOME ( 1 ), SIGNED ON 28 FEBRUARY 1975 ,   HAVING REGARD TO COUNCIL DECISION 76/568/EEC OF 29 JUNE 1976 ON THE ASSOCIATION OF THE OVERSEAS COUNTRIES AND TERRITORIES WITH THE EUROPEAN ECONOMIC COMMUNITY ( 2 ),   HAVING REGARD TO THE INTERNAL AGREEMENT ON THE FINANCING AND ADMINISTRATION OF COMMUNITY AID ( 3 ), SIGNED ON 11 JULY 1975 , AND IN PARTICULAR ARTICLE 31 ( 3 ) THEREOF ,   HAVING REGARD TO THE FINANCIAL REGULATION OF 27 JULY 1976 APPLICABLE TO THE FOURTH EUROPEAN DEVELOPMENT FUND ( 4 ), AND IN PARTICULAR ARTICLES 64 TO 67 THEREOF ,   HAVING EXAMINED THE REVENUE AND EXPENDITURE ACCOUNT AND THE BALANCE SHEET RELATING TO THE OPERATIONS OF THE EUROPEAN DEVELOPMENT FUND ( 1975 ) ( FOURTH EDF ) AS AT 31 DECEMBER 1979 AND THE COURT OF AUDITORS '  REPORT RELATING TO THE FINANCIAL YEAR 1979 , ACCOMPANIED BY THE COMMISSION ' S REPLIES ( 5 ),   WHEREAS , PURSUANT TO ARTICLE 31 OF THE INTERNAL AGREEMENT , THE DISCHARGE FOR THE MANAGEMENT OF THE EUROPEAN DEVELOPMENT FUND ( 1975 ) ( FOURTH EDF ) MUST BE GIVEN TO THE COMMISSION ACCORDING TO THE PROCEDURE PROVIDED FOR IN ARTICLE 206 OF THE TREATY ;   WHEREAS THE OVERALL IMPLEMENTATION BY THE COMMISSION OF THE OPERATIONS OF THE EUROPEAN DEVELOPMENT FUND ( 1975 ) ( FOURTH EDF ) DURING THE FINANCIAL YEAR 1979 HAS BEEN SATISFACTORY ,   RECOMMENDS THAT THE EUROPEAN PARLIAMENT GIVE THE COMMISSION A DISCHARGE IN RESPECT OF THE IMPLEMENTATION OF THE OPERATIONS OF THE EUROPEAN DEVELOPMENT FUND ( 1975 ) ( FOURTH EDF ) FOR THE FINANCIAL YEAR 1979 .   DONE AT LUXEMBOURG , 9 APRIL 1981 .   FOR THE COUNCIL   THE PRESIDENT   D . F . VAN DER MEI


Avis juridique important

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31999H0232

1999/232/EC: Council Recommendation of 22 March 1999 concerning the discharge to be given to the Commission in respect of the implementation of the operations of the European Development Fund (1989) (Seventh EDF) for the financial year 1997

Official Journal L 086 , 30/03/1999 P. 0016 - 0016

COUNCIL RECOMMENDATION of 22 March 1999 concerning the discharge to be given to the Commission in respect of the implementation of the operations of the European Development Fund (1989) (Seventh EDF) for the financial year 1997 (1999/232/EC)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 206 thereof,Having regard to the Fourth ACP-EEC Convention, signed at Lomé on 15 December 1989,Having regard to Council Decision 91/482/EEC of 25 July 1991 on the association of the overseas countries and territories with the European Economic Community (1),Having regard to the Internal Agreement on the financing and administration of Community aid (2), signed in Brussels on 16 July 1990, and in particular Article 33(3) thereof,Having regard to the Financial Regulation of 29 July 1991 applicable to the Seventh European Development Fund (3), and in particular Articles 69 to 77 thereof,Having examined the revenue and expenditure account and the balance sheet relating to the operations of the European Development Fund (1989) (Seventh EDF) as at 31 December 1997 and the Court of Auditors' report relating to the financial year 1997 together with the Commission's replies (4),Whereas, pursuant to Article 33(3) of the Internal Agreement, the discharge for the management of the EuropeanDevelopment Fund (1989) (Seventh EDF) must be given to the Commission by the European Parliament on a recommendation from the Council;Whereas the overall implementation by the Commission of the operations of the European Development Fund (1989) (Seventh EDF) during the financial year 1997 has been satisfactory,HEREBY RECOMMENDS that the European Parliament give the Commission a discharge in respect of the implementation of the operations of the European Development Fund (1989) (Seventh EDF) for the financial year 1997.Done at Brussels, 22 March 1999.For the CouncilThe PresidentG. VERHEUGEN(1) OJ L 263, 19. 9. 1991, p. 1.(2) OJ L 229, 17. 8. 1991, p. 288.(3) OJ L 266, 21. 9. 1991, p. 1.(4) OJ C 349, 17. 11. 1998, p. 149.


title: 65/97/CEE: Recommandation de la Commission, du 25 janvier 1965, adressée au Grand-Duché de Luxembourg au sujet de la loi du 25 mai 1964 concernant le remboursement des biens ruraux

text:
Avis juridique important

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31965H0097

Official Journal 029 , 20/02/1965 P. 0459 - 0460

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