title: Recommendation of the European Parliament and of the Council of 28 September 2005 to facilitate the issue by the Member States of uniform short-stay visas for researchers from third countries travelling within the Community for the purpose of carrying out scientific research

text:
               3.11.2005

               EN

               Official Journal of the European Union

               L 289/23

      RECOMMENDATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

   of 28 September 2005
   to facilitate the issue by the Member States of uniform short-stay visas for researchers from third countries travelling within the Community for the purpose of carrying out scientific research
   (2005/761/EC)
   THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular Article 62(2)(b)(ii) thereof,
   Having regard to the proposal from the Commission,
   Having regard to the opinion of the European Economic and Social Committee (1),
   Having regard to the opinion of the Committee of the Regions (2),
   Acting in accordance with the procedure laid down in Article 251 of the Treaty (3),
   Whereas:

               (1)

               With a view to consolidating and restructuring European research policy, the Commission stated in its Communication of 18 January 2000 entitled ‘Towards a European Research Area’ that it was necessary to create a European research area as the centrepiece of future action by the Community in this field.

               (2)

               At its meeting in Lisbon of 23 and 24 March 2000, the European Council, endorsing the European Research Area, set the Community the target of becoming the most competitive and dynamic knowledge-based economy in the world by the year 2010.

               (3)

               The globalisation of the economy calls for greater mobility for researchers, which was recognised by the Community's sixth framework programme for research (4) when it opened up, to an even greater extent, its programmes to researchers from third countries.

               (4)

               The number of researchers which the Community will need if it is to meet the target set by the European Council at its meeting in Barcelona of 15 and 16 March 2002 of investing 3 % of GDP in research is put at 700 000. This target should be met through a series of interlocking measures, such as making scientific careers more attractive to young people, promoting women's involvement in scientific research, increasing the opportunities for training and mobility in research, improving career prospects for researchers within the Community and opening up the Community to third-country nationals who might be allowed to enter and travel within the common area for the purposes of research.

               (5)

               In order to be competitive and attractive at international level, Member States should take the necessary steps to make it easier for researchers to enter and move within the Community for short periods.

               (6)

               For short stays, Member States should undertake to consider researchers from third countries, subject to a visa requirement under Regulation (EC) No 539/2001 (5), as persons acting in good faith and extend to them the advantages provided for in the acquis communautaire for the purpose of the procedures for issuing short-stay visas.

               (7)

               Measures should be taken to encourage the exchange of information and best practices in order to improve the procedures for issuing short-stay visas for researchers.

               (8)

               This Recommendation respects the fundamental rights and observes the principles laid down in particular by the Charter of Fundamental Rights of the European Union.

               (9)

               In accordance with Articles 1 and 2 of the Protocol on the position of Denmark annexed to the Treaty on European Union and the Treaty establishing the European Community, Denmark is not taking part in the adoption of this Recommendation and is not affected by it. Given that this Recommendation builds upon the Schengen acquis, under the provisions of Title IV of Part Three of the Treaty establishing the European Community, Denmark shall, in accordance with Article 5 of the said Protocol, decide within a period of six months after the European Parliament and the Council have adopted this Recommendation whether it will implement it in its national law.

               (10)

               This Recommendation constitutes a development of provisions of the Schengen acquis in which the United Kingdom does not take part, in accordance with Council Decision 2000/365/EC of 29 May 2000 concerning the request of the United Kingdom of Great Britain and Northern Ireland to take part in some of the provisions of the Schengen acquis
                   (6); the United Kingdom is therefore not taking part in its adoption and is not affected by it.

               (11)

               This Recommendation constitutes a development of provisions of the Schengen acquis in which Ireland does not take part, in accordance with Council Decision 2002/192/EC of 28 February 2002 concerning Ireland's request to take part in some of the provisions of the Schengen acquis
                   (7); Ireland is therefore not taking part in its adoption and is not affected by it.

               (12)

               As regards Iceland and Norway, this Recommendation constitutes a development of provisions of the Schengen acquis within the meaning of the Agreement concluded by the Council of the European Union and the Republic of Iceland and the Kingdom of Norway concerning the association of those two States with the implementation, application and development of the Schengen acquis
                   (8), which fall within the area referred to in Article 1, point B of Council Decision 1999/437/EC of 17 May 1999 on certain arrangements for the application of the Agreement (9).

               (13)

               As regards Switzerland, this Recommendation constitutes a development of the provisions of the Schengen acquis within the meaning of the Agreement signed between the European Union, the European Community and the Swiss Confederation concerning the association of the Swiss Confederation with the implementation, application and development of the Schengen acquis, which fall within the area referred to in Article 1, point B of Decision 1999/437/EC read in conjunction with Article 4(1) of Council Decision 2004/849/EC (10) and of Council Decision 2004/860/EC (11), on the signing, on behalf of the European Union, and on the signing, on behalf of the European Community, and on the provisional application of certain provisions, of that Agreement.

               (14)

               This Recommendation constitutes an act building upon the Schengen acquis or otherwise related to it, within the meaning of Article 3(2) of the 2003 Act of Accession.

               (15)

               This Recommendation is also intended to provide a flexible formula for researchers who wish to maintain a professional link with an organisation of their country of origin (e.g. by spending periods of up to three months every semester in a European host research organisation located in the common area while continuing to work the rest of the time in the research organisation of origin),

         HEREBY RECOMMEND MEMBER STATES:

               1.

               to facilitate the issue of visas by undertaking to expedite the examination of visa applications from researchers from third countries subject to a visa requirement under Regulation (EC) No 539/2001;

               2.

               to promote the international mobility of researchers from third countries needing to travel frequently within the European Union by issuing them with multiple entry visas. When determining the period of validity of the visas, Member States should take into account the duration of the research programmes in which the researchers are taking part;

               3.

               to undertake to facilitate the adoption of a harmonised approach to the supporting evidence that researchers are required to enclose with their visa application. They should consult the approved research organisations on this matter;

               4.

               to encourage the issue of visas without administrative fees for researchers, in accordance with the rules laid down in the acquis communautaire;

               5.

               to take account of the goal of facilitating the issue of visas to researchers from third countries when engaging in local consular cooperation, in order to promote the exchange of best practices;

               6.

               to undertake to supply the Commission by 28 September 2006 with information about best practices adopted to facilitate the issue of uniform visas for researchers, so as to enable it to evaluate the progress made. Having regard to whether or not the directive on a specific procedure for admitting third-country nationals for the purposes of scientific research (12) is adopted, and to the outcome of the evaluation, the possibility of incorporating the provisions of this Recommendation in an appropriate legally binding instrument should be examined.

      Done at Strasbourg, 28 September 2005.

            For the European Parliament

            The President

         J. BORRELL FONTELLES

            For the Council

            The President

         D. ALEXANDER

      (1)  OJ C 120, 20.5.2005, p. 60.

      (2)  OJ C 71, 22.3.2005, p. 6.

      (3)  Opinion of the European Parliament of 12 April 2005 (not yet published in the Official Journal), and Council Decision of 18 July 2005.

      (4)  Decision No 1513/2002/EC of the European Parliament and of the Council of 27 June 2002 concerning the sixth framework programme of the European Community for research, technological development and demonstration activities, contributing to the creation of the European Research Area and to innovation (2002 to 2006) (OJ L 232, 29.8.2002, p. 1). Decision as amended by Decision No 786/2004/EC (OJ L 138, 30.4.2004, p. 7).

      (5)  Council Regulation (EC) No 539/2001 of 15 March 2001 listing the third countries whose nationals must be in possession of visas when crossing the external borders and those whose nationals are exempt from that requirement (OJ L 81, 21.3.2001, p. 1). Regulation as last amended by Regulation (EC) No 851/2005 (OJ L 141, 4.6.2005, p. 3).

      (6)  OJ L 131, 1.6.2000, p. 43.

      (7)  OJ L 64, 7.3.2002, p. 20.

      (8)  OJ L 176, 10.7.1999, p. 36.

      (9)  OJ L 176, 10.7.1999, p. 31.

      (10)  OJ L 368, 15.12.2004, p. 26.

      (11)  OJ L 370, 17.12.2004, p. 78.

      (12)  See page 15 of this Official Journal.


Avis juridique important

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31994H1069

94/1069/EC: Commission Recommendation of 7 December 1994 on the transfer of small and medium-sized enterprises (Text with EEA relevance)

Official Journal L 385 , 31/12/1994 P. 0014 - 0017

COMMISSION RECOMMENDATIONof  7 December 1994on the transfer of small and medium-sized enterprises (*)(Text with EEA  relevance)(94/1069/EC)THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Whereas the Council adopted Decision 89/490/EEC (1) relating inter alia to the improvement of the  business environment; whereas the programme of support for small and medium-sized enterprises set  up by that Decision was revised by Council Decision 91/319/EEC (2); whereas the Council reaffirmed  its commitment to supporting the consolidation of measures for enterprises by adopting the  resolution of 17 June 1992 (3); Whereas, in its Decision 93/379/EEC (4), the Council adopted, with effect from 1 July 1993, a  programme of measures to intensify the priority areas and to ensure the continuity of policy for  enterprise; whereas this programme is concerned first and foremost with improving the legal, fiscal  and administrative environment of enterprises and makes specific provision for examining the  transfer of enterprises; Whereas the White Paper on Growth, Competitiveness and Employment mentioned the transfer of  businesses as a priority area requiring measures to improve the situation (5); Whereas the integrated programme in favour of SMEs and the craft sector of 3 June 1994 (6)  announced a Commission recommendation on the transfer of businesses, as part of the Community  contribution towards improving the business environment; Whereas the Commission in its communication on the improvement of the tax environment for small and  medium-sized enterprises (7) announced an initiative aiming to limit the fiscal charges on  succession or donation; Whereas in its resolution of 10 October 1994 the Council (8) invited the Member States and the  Commission to examine those measures in existence which caused difficulties for the creation,  growth and transmission of enterprises; Whereas the Commission has now conducted this examination and ascertained that several thousand  enterprises are obliged to cease trading every year because of insuperable difficulties affecting  their transfer; whereas the winding-up of these enterprises has negative repercussions on the  economic fabric of businesses and on their creditors and employees; Whereas this loss of jobs and economic activity is all the more regrettable for not being caused by  market forces, but by insufficient preparation for succession and the inadequacy of certain aspects  of Member States' law, especially concerning company law, inheritance law and fiscal law; Whereas the chances of a successful transfer will be improved by efforts to enhance the awareness  of entrepreneurs and to inform and educate them in such a way that they can effectively prepare the  succession of their enterprises in their own lifetime; Whereas, nevertheless, certain changes to the national law of the Member States would greatly  increase the number of successful business transfers; Whereas one of the obstacles to a successful transfer is the difficulty experienced by the  successors in financing compensation for their co-heirs who do not wish to participate in the  enterprise, and whereas adequate financial instruments should be available in all Member States; Whereas it may be necessary to change the enterprise's legal form in order to prepare the transfer,  giving the enterprise the legal form which is most conducive to the success of the operation;  whereas not all Member States have legal provisions which allow changes to be made to an  enterprise's legal form without first winding up the enterprise and creating a new entity; whereas  these operations entail costs and administrative procedures and mean a period of uncertainty for  partners and third parties; Whereas public limited company status could be one of the legal forms which best meet the  requirements of transfer operations; whereas however public limited company status imposes  demanding conditions on its creation and day-to-day management; whereas these conditions are  generally geared to the needs of limited companies with a broad shareholder base, with a view to  protecting the members and third parties; whereas these particular conditions do not appear  necessary in cases where an entrepreneur seeks to create a public limited company with other  members of his family so as to facilitate its transfer; Whereas certain methods or legal forms facilitate transfers because the management responsibility  and ownership are separated; Whereas the adoption by an enterprise of the legal form most appropriate to its transfer should not  be hampered by fiscal procedures; whereas the same consideration applies to all other operations  involved in preparing the transfer, such as transfers of assets, mergers, divisions and exchanges  of shares; Whereas, in most Member States, a partnership is wound up on the death of one of the partners  unless the partnership agreement states otherwise; whereas, moreover, unilateral acts of one  partner may conflict with the partnership agreement, and the relevant legislation may not indicate  which provision takes precedence; whereas, on the death of such a partner, this discrepancy may  give rise to a conflict which jeopardizes the continued viability of the firm and may even cause it  to go into liquidation; Whereas, on the death of a partner or sole proprietor, the co-heirs are, in most Member States,  required to make a unanimous decision on the continuation of the firm; whereas, as a result, the  survival of the firm may be jeopardized if one of the heirs wishes the firm to cease trading; Whereas one of the main obstacles preventing the successful transfer of a family business is the  associated fiscal burden; whereas payment of inheritance or gift tax may threaten the financial  equilibrium of the enterprise, and therefore also its survival; whereas this tax regime places  European enterprises at a disadvantage vis-à-vis their international competitors; Whereas the requirement of immediate payment of inheritance tax or gift tax may force the heirs of  the enterprise to sell some of their shares, sell the enterprise in toto or even wind it up; Whereas the assessment of the value of the enterprise should take into account the possible loss in  the value of the enterprise as a result of its transfer; Whereas it has become more difficult to find a successor within the familiy; whereas sale of the  enterprise is a form of transfer which should be made easier, with a view to guaranteeing its  survival, especially where this is not possible under family ownership; whereas it is essential to  encourage the entrepreneur to make arrangements, in his own lifetime, for transfer of the  enterprise; Whereas the employee buy-out is a form of transfer which should be encouraged; whereas such a  buy-out safeguards the existence of the entreprise and the transfer of know-how and previously  acquired experience; Whereas some Member States have already taken measures to facilitate transfers of enterprises;  whereas certain practices can be adopted by other Member States, HEREBY FORMULATES THIS RECOMMENDATION: Article 1ObjectivesMember States are invited to take the necessary measures  to facilitate the transfer of small and medium-sized enterprises in order to ensure their survival  and to safeguard the jobs which depend upon them. In particular, they are invited to take the most appropriate measures to extend their own legal,  fiscal and administrative systems, in order to: - make the business owner aware of the problems of transfer and thus encourage him to prepare for  such an event within his lifetime, - provide a financial environment which helps towards successful transfers, - permit the businessman to prepare effectively for the transfer by offering suitable procedures, - ensure the continuity of partnerships and sole proprietorships in the event of the death of a  partner or the business owner, - ensure the successful transfer within a family by seeing that inheritance or gift taxes do not  endanger the survival of the business, - encourage the owner, through taxation measures, to pass on his business by selling it or by  transferring it to the employees, particularly when there is no successor in the family. Article 2InformationPublic or private initiatives aimed at stimulating increased awareness,  information and training of businessmen should be encouraged in order to ensure the right  preparation for the successful transfer of small and medium-sized enterprises. Article 3Financial environmentSmall and medium-sized enterprises should be provided with a  financial environment which is conducive to successful transfers. Article 4Preparation for transferBusinessmen should be provided with appropriate instruments  which will allow the best preparation of the transfer. To this end, Member States are requested  to: (a) provide for a right of transformation for enterprises which allows them, whilst taking the  rights of third parties and members into account, to change from one legal form to another without  the need to wind up the firm or create a new legal entity; (b) allow small and medium-sized enterprises to establish themselves in the form of public limited  companies, with a very small number of shareholders, the establishment and management of which  would be simplified in comparison to that of public limited companies whose shares are owned by  large sections of the public; (c) allow the creation of a public limited company with only one partner in accordance with Article  6 of the Twelfth Council Directive 89/667/EEC (1); (d) when taxing any transactions designed to separate management powers and ownership, recognize  the economic need for such legal operations in those cases where the objective is to facilitate  transfers and, if necessary, take steps to authorize them and promote them; (e) independently of the obligations stemming from Community law, apply the principle of fiscal  neutrality to operations for the preparation of transfers such as transfers of assets, mergers,  divisions and exchanges of shares; the principle of fiscal neutrality shall also apply to stamp  duties, registration fees and other similar taxes. Article 5Continuity of partnerships and sole proprietorshipsThe continuity of partnerships and  sole proprietorships should be ensured in the event of the death of one of the partners or the  owner. To this end, Member States are requested to: (a) provide for the principle that, in the event of the death of one of the partners, a partnership  should be kept as a going concern, allowing the remaining partners to decide on the continuation of  the business with or without the participation of the deceased partner's heirs, with reimbursement  of the share of the deceased; the partnership agreement may derogate from the principle as to the  continuation of the business; (b) when the possible contradiction between the partnership agreement and the terms of the will or  gift is not resolved, introduce a provision in their national legislation to the effect that the  partnership agreement shall take precedence over the unilateral actions of one of the partners; (c) in the event of the death of a member of a partnership or a sole proprietor, ensure that family  law and inheritance law, and in particular the unanimity rule for decisions taken within the  framework of joint ownership, do not prevent the enterprise from being kept as a going concern; (d) ensure that the reimbursement of the share of the deceased, provided for in point (a), as well  as the payment of financial compensation to minority heirs, following on from point (c), do not  jeopardize the survival of the enterprise. To this end, if the parties choose payment in  instalments, it should be possible for the compensation to be calculated on the basis of the market  value of the enterprise, including goodwill, whereas, should a party demand immediate payment,  compensation should be calculated strictly on the basis of the book value. Article 6Inheritance and gift taxesThe survival of the enterprise should be ensured through  appropriate fiscal treatment of succession and gifts. To this end, Member States are invited to  take one or more of the following measures: (a) reduce the taxes on assets exclusively used for the business in the case of transfer by gift or  succession, including inheritance tax, gift tax and registration fees, provided that the business  is genuinely kept as a going concern for a minimum period; (b) offer the heirs the possibility of spreading or deferring payment of the gift or inheritance  taxes, provided that they keep the business as a going concern, and shall grant interest  exemptions; (c) ensure that the tax assessment of the business can take account of how the value of the  business changes some months after the death of the owner. Article 7Transfer to third partiesThe businessman should be encouraged to consider a transfer  before death to third parties, where this cannot be done within the family. To this end, Member  States are invited to: (a) waive taxation on at least part of the revenue from the added value or capital gains arising on  the assets of a business in the event of sale, in particular when the businessman has reached the  age of 55; provide tax incentives for the reinvestment of the profits made on the sale of a  business in another enterprise not quoted on the stock exchange and actively engaged in the  production or sale of goods and services; (b) promote the transfer of the enterprise to the employees, by reducing the taxation on the  capital gain realized on the transfer of the shares to the employees, by waiving the registration  fees, or through tax advantages for the granting of resources to employees for acquiring the  enterprise, or by deferring taxation until the employee sells his shares. These measures should be  applied equally to an enterprise or to a workers' cooperative set up by the employees. Article 8Concerted actionMember States are invited to inform and consult one another, in  liaison with the Commission, with a view to benefiting from exchanges of experience and best  practice as regards the transfer of small and medium-sized enterprises, and in particular with a  view to implementing the measures provided for in this recommendation. Article 9ReportTo enable the Commission to evaluate what progress has been made, the Member  States are invited to communicate, at the latest by 31 December 1996, the text of any legislation,  regulations or administrative provisions which have been adopted in order to put this  recommendation into effect, and to inform the Commission of all future proposals in this area. Article 10AddresseesThis recommendation is addressed to the Member States. Done at Brussels, 7 December 1994. For the CommissionRaniero VANNI d'ARCHIRAFIMember of the Commission(*) The  explanatory note of this recommendation is published as a communication in OJ No C 400, 31. 12.  1994, p. 1. (1) OJ No L 239, 16. 8. 1989, p. 33. (2) OJ No L 175, 4. 7. 1991, p. 32. (3) OJ No C 178, 15. 7. 1992, p. 8. (4) OJ No L 161, 2. 7. 1993, p. 68. (5) White Paper, Part A, 'A more competitive economy', p. 14, and Part B, Section 2.8, 'Proposals  and Remedies', p. 86. (6) COM(94) 207 final of 3 June 1994. (7) OJ No C 187, 9. 7. 1994, p. 5. (8) OJ No C 296, 22. 10. 1994, p. 6. (1) OJ No L 395, 30. 12. 1989, p. 40.


title: Commission Recommendation of 28 June 2016 on the monitoring of the presence of nickel in feed (Text with EEA relevance)

text:
               29.6.2016

               EN

               Official Journal of the European Union

               C 235/1

         COMMISSION RECOMMENDATION
   of 28 June 2016
   on the monitoring of the presence of nickel in feed
   (Text with EEA relevance)
   (2016/C 235/01)
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 292 thereof,
   Whereas:

               (1)

               The presence of nickel (Ni) in feed can arise from both natural and anthropogenic sources. Additionally, certain feed materials contain metallic nickel, since it is used as a catalyst in their production.

               (2)

               The European Food Safety Authority (‘the Authority’) Panel on Contaminants in the Food Chain (CONTAM Panel) has provided a scientific opinion on the risks to animal and public health and the environment to the presence of Ni in feed (1).

               (3)

               The CONTAM Panel concluded that any adverse impact of Ni via feed to cattle, pigs, rabbits, ducks, fish, dogs, chickens, horses, sheep, goats and cats is unlikely. Concerning the assessment of human health risks from the presence of Ni in food of animal origin, the CONTAM Panel concluded that in the average population the current levels of chronic exposure to Ni, considering only foods of animal origin, might be of potential concern in the young population. Regarding acute dietary exposure, the CONTAM Panel concluded that nickel-sensitized individuals are also at risk of developing eczematous flare-up skin reactions through the consumption of food of animal origin. The contribution of food of animal origin to human dietary exposure to Ni should therefore not be underestimated, particularly in age classes with high dietary exposure to Ni. However from the available data it was not possible to determine carry-over rates from feed to food of animal origin.

               (4)

               It is observed that the occurrence data on Ni in feed used in the EFSA scientific opinion were mainly originating from one Member State and are therefore not necessarily representative for the presence of Ni in feed in the EU.

               (5)

               It is therefore appropriate to monitor the presence of Ni in feed across the EU before considering the setting of maximum levels of Ni in feed or any other risk management measures needed to ensure a high level of animal and human health protection,

         HAS ADOPTED THIS RECOMMENDATION:

               (1)

               Member States should, with the active involvement of feed business operators, perform monitoring for the presence of Ni in feed.

               (2)

               In order to ensure that the samples are representative for the sampled lot, Member States should follow the sampling procedure laid down in Commission Regulation (EC) No 152/2009 (2).

               (3)

               Member States should ensure that the analytical results are provided on a regular basis and at the latest by 31 October 2017 to EFSA in the EFSA data submission format in line with the requirements of EFSA’s Guidance on Standard Sample Description (SSD) for Food and Feed (3) and the additional EFSA’s specific reporting requirements.

      Done at Brussels, 28 June 2016.

            For the Commission

         Vytenis ANDRIUKAITIS

            Member of the Commission

      (1)  EFSA CONTAM Panel (EFSA Panel on Contaminants in the Food Chain), 2015. Scientific Opinion on the risks to animal and public health and the environment related to the presence of nickel in feed. EFSA Journal 2015;13(4):4074, 76 pp. doi:10.2903/j.efsa.2015.4074 www.efsa.europa.eu/efsajournal

      (2)  Commission Regulation (EC) No 152/2009 of 27 January 2009 laying down the methods of sampling and analysis for the official control of feed (OJ L 54, 26.2.2009, p. 1).

      (3)  http://www.efsa.europa.eu/en/datex/datexsubmitdata.htm


Important legal notice

|

52007PC0218

Recommendation for a Council Decision concerning the accession of Bulgaria and Romania to the Convention of 26 May 1997, drawn up on the basis of Article K.3(2)(c) of the Treaty on European Union, on the fight against corruption involving officials of the European Communities or officials of Member States of the European Union  /* COM/2007/0218 final - CNS 2007/0072 */

	[pic] | COMMISSION OF THE EUROPEAN COMMUNITIES |Brussels, 25.4.2007COM(2007) 218 final2007/0072 (CNS)Recommendation for aCOUNCIL DECISIONconcerning the accession of Bulgaria and Romania to the Convention of 26 May 1997, drawn up on the basis of Article K.3(2)(c) of the Treaty on European Union, on the fight against corruption involving officials of the European Communities or officials of Member States of the European Union(presented by the Commission)EXPLANATORY MEMORANDUMThe 2005 Act of accession of Bulgaria and Romania[1] has introduced a simplified system for the accession of Bulgaria and Romania to the conventions (and protocols) concluded by the Member States on the basis of Art. 34 TEU (previously Art. K.3 TEU) or Art. 293 EC. It is indeed not anymore necessary, as in the past, to negotiate and conclude specific accession protocols to these conventions (which would have implied ratification by 27 States): Article 3(3) of the Act provides simply that Bulgaria and Romania accede to these conventions and protocols by virtue of the Act of Accession.Article 3(3) and 3(4) of the Act of Accession provide that, to that effect, the Council shall adopt a decision in order to determine the date on which these conventions shall enter into force for Bulgaria and Romania and to make all the necessary adjustments to these conventions required by reason of the accession of the two new Member States (which would include, in any event, the adoption of the conventions in the Bulgarian and Romanian languages, so that these versions can be "equally authentic"). The Council shall act on a recommendation of the Commission, after consulting the European Parliament.Annex I to the Act of Accession gives the list of the seven conventions and protocols concerned in the Justice and Home Affairs area.The list includes the Convention of 26 May 1997, drawn up on the basis of Article K.3(2)(c) of the Treaty on European Union, on the fight against corruption involving officials of the European Communities or officials of Member States of the European Union.This Commission Recommendation for a Council Decision is intended to make the adjustments required by reason of the accession of Bulgaria and Romania to the aforementioned Convention, in accordance with Article 3(4) of the Act of Accession.2007/0072 (CNS)Recommendation for aCOUNCIL DECISIONconcerning the accession of Bulgaria and Romania to the Convention of 26 May 1997, drawn up on the basis of Article K.3(2)(c) of the Treaty on European Union, on the fight against corruption involving officials of the European Communities or officials of Member States of the European UnionTHE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty on European Union,Having regard to the Treaty of Accession of Bulgaria and RomaniaHaving regard to the Act of Accession of Bulgaria and Romania (hereinafter referred to as the "Act of Accession"), and in particular Article 3 (4) thereof,Having regard to the recommendation from the Commission[2],Having regard to the opinion of the European Parliament[3],Whereas:1.  The Convention on the fight against corruption involving officials of the European Communities or officials of Member States of the European Union (hereinafter referred to as "the Convention against officials' corruption") was signed on 26 May 1997 and entered into force on 28 September 2005.2.  Following their accession to the European Union, Estonia, Cyprus, Latvia, Lithuania, Hungary, Poland, Slovenia and Slovakia have deposited their instruments of accession to the Convention against officials' corruption.3.  Article 3 (3) of the Act of Accession provides that Bulgaria and Romania accede to the conventions and protocols concluded between the Member States, listed in Annex I to the Act of Accession, which comprises, inter alia , the Convention on the fight against corruption involving officials of the European Communities or officials of Member States of the European Union. They are to enter into force in relation to Bulgaria and Romania on the date determined by the Council.4.  In accordance with Article 3 (4) of the Act of Accession the Council is to make all adjustments required by reason of accession to those conventions and protocols,HAS DECIDED AS FOLLOWS:Article 1The Convention against officials' corruption shall enter into force for Bulgaria and Romania on the first day of the first month following the date of adoption of this decision.Article 2The texts of the Convention against officials' corruption drawn up in the Bulgarian and Romanian languages and annexed to this Decision shall be authentic under the same conditions as the other texts of the Convention against officials' corruption.Article 3This Decision shall take ef fect on the day following that of its publication in the Official Journal of the European Union .Done at Brussels, […]For the CouncilThe PresidentANNEX Text of the Convention of 26 May 1997, drawn up on the basis of Article K.3(2)(c) of the Treaty on European Union, on the fight against corruption involving officials of the European Communities or officials of Member States of the European Union in the Bulgarian and Romanian languages.[1] OJ 21.6.2005, L 157, p. 203.[2] OJ C […], […], p. […].[3] OJ C […], […], p. […].


Avis juridique important

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31997H0489

97/489/EC: Commission Recommendation of 30 July 1997 concerning transactions by electronic payment instruments and in particular the relationship between issuer and holder (Text with EEA relevance)

Official Journal L 208 , 02/08/1997 P. 0052 - 0058

COMMISSION RECOMMENDATION of 30 July 1997 concerning transactions by electronic payment instruments and in particular the relationship between issuer and holder (Text with EEA relevance) (97/489/EC)THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community and in particular Article 155, second indent, thereof,(1) Whereas one of the main objectives of the Community is to ensure the full functioning of the internal market of which payment systems are essential parts; whereas transactions made by electronic payment instruments account for an increasing proportion of the volume and the value of domestic and cross-border payments; whereas, given the current context of rapid innovation and technological progress, this trend is expected to accelerate notably as a consequence of the wide array of innovative businesses, markets and trading communities engendered by electronic commerce;(2) Whereas it is important for individuals and businesses to be able to use electronic payment instruments throughout the Community; whereas this recommendation seeks to follow up progress made towards the completion of the internal market, notably in the light of the liberalization of capital movements, and will also contribute to the implementation of economic and monetary union;(3) Whereas this recommendation covers transactions effected by electronic payment instruments; whereas, for the purposes of this recommendation, these include instruments allowing for (remote) access to a customer's account, notably payment cards and phone- and home-banking applications; whereas transactions by means of a payment card shall cover electronic and non-electronic payment by means of a payment card, including processes for which a signature is required and a voucher is produced; whereas, for the purposes of this recommendation, means of payment instruments also include reloadable electronic money instruments in the form of stored-value cards and electronic tokens stored on network computer memory; whereas reloadable electronic money instruments, because of their features, in particular the possible link to the holder's account, are those for which the need for customer protection is strongest; whereas, as far as electronic money instruments are concerned, coverage under this recommendation is therefore limited to instruments of the reloadable type;(4) Whereas this recommendation is intended to contribute to the advent of the information society and, in particular, electronic commerce by promoting customer confidence in and retailer acceptance of these instruments; whereas, to this end, the Commission will also consider the possibility of modernizing and updating its recommendation 87/598/EEC (1), with a view to establishing a clear framework for the relationship between acquirers and acceptors in respect of electronic payment instruments; whereas, in line with those objectives, this recommendation sets out minimum information requirements which should be contained in the terms and conditions applied to transactions made by electronic payment instruments, as well as the minimum obligations and liabilities of the parties concerned; whereas such terms and conditions should be set out in writing, including where appropriate by electronic means, and maintain a fair balance between the interests of the parties concerned; whereas, in compliance with Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts (2), such terms and conditions should in particular be in an understandable and comprehensible form;(5) Whereas, with a view to ensuring transparency, this recommendation sets out the minimum requirements needed to ensure an adequate level of customer information upon conclusion of a contract as well as subsequent to transactions effected by means of a payment instrument, including information on charges, exchange rates and interest rates; whereas, for the purpose of informing the holder of the manner of calculation of the interest rate, reference is to be made to Council Directive 87/102/EEC of 22 December 1986 for the approximation of the laws, regulations and administrative provisions of the Member States concerning consumer credit (3), as amended by Directive 90/88/EEC (4);(6) Whereas this recommendation sets out minimum requirements concerning the obligations and liabilities of the parties concerned; whereas information to a holder should include a clear statement of the extent of the customer's obligation as holder of an electronic payment instrument enabling him/her to make payments in favour in third persons, as well as to perform certain financial transactions for himself/herself;(7) Whereas, to improve customer's access to redress, this recommendation calls on Member States to ensure that there are adequate and effective means for the settlement of disputes between a holder and an issuer; whereas the Commission published on 14 February 1996 a plan of action on consumer access to justice and the settlement of consumer disputes in the internal market; whereas that plan of action includes specific initiatives to promote out-of-court procedures; whereas objective criteria (Annex II) are suggested to ensure the reliability of those procedures and provision is made for the use of standardized claims forms (Annex III);(8) Whereas this recommendation seeks to ensure a high level of consumer protection in the field of electronic payment instruments;(9) Whereas it is essential that transactions effected by means of electronic payment instruments should be the subject of records in order that transactions can be traced and errors can be rectified; whereas the burden of proof to show that a transaction was accurately recorded and entered into the accounts and was not affected by technical breakdown or other deficiency should lie upon the issuer;(10) Whereas, without prejudice to any rights of a holder under national law, payment instructions given by a holder in respect of transactions effected by means of an electronic payment instrument should be irrevocable, except if the amount was not determined when the order was given;(11) Whereas rules need to be specified concerning the issuer's liability for non-execution or for defective execution of a holder's payment instructions and for transactions which have not been authorized by him/her, subject always to the holder's own obligations in the case of lost or stolen electronic payment instruments;(12) Whereas the Commission will monitor the implementation of this Recommendation and, if it finds the implementation unsatisfactory, it intends to propose the appropriate binding legislation covering the issues dealt with in this recommendation,HEREBY RECOMMENDS:SECTION I SCOPE AND DEFINITIONS Article 1 Scope 1. This Recommendation applies to the following transactions:(a) transfers of funds, other than those ordered and executed by financial institutions, effected by means of an electronic payment instrument;(b) cash withdrawals by means of an electronic payment instrument and the loading (and unloading) of an electronic money instrument, at devices such as cash dispensing machines and automated teller machines and at the premises of the issuer or an institution who is under contract to accept the payment instrument.2. By way of derogation from paragraph 1, Article 4 (1), the second and third indents of Article 5 (b), Article 6, Article 7 (2) (c), (d) and the first indent of (e), Article 8 (1), (2) and (3) and Article 9 (2) do not apply to transactions effected by means of an electronic money instrument. However, where the electronic money instrument is used to load (and unload) value through remote access to the holder's account, this Recommendation is applicable in its entirety.3. This recommendation does not apply to:(a) payments by cheques;(b) the guarantee function of certain cards in relation to payments by cheques.Article 2 Definitions For the purpose of this recommendation, the following definitions apply:(a) 'electronic payment instrument` means an instrument enabling its holder to effect transactions of the kind specified in Article 1 (1). This covers both remote access payment instruments and electronic money instruments;(b) 'remote access payment instrument` means an instrument enabling a holder to access funds held on his/her account at an institution, whereby payment is allowed to be made to a payee and usually requiring a personal identification code and/or any other similar proof of identity. This includes in particular payment cards (whether credit, debit, deferred debit or charge cards) and phone- and home-banking applications;(c) 'electronic money instrument` means a reloadable payment instrument other than a remote access payment instrument, whether a stored-value card or a computer memory, on which value units are stored electronically, enabling its holder to effect transactions of the kind specified in Article 1 (1);(d) 'financial institution` means an institution as defined in Article 4 (1) of Council Regulation (EC) No 3604/93 (5);(e) 'issuer` means a person who, in the course of his business, makes available to another person a payment instrument pursuant to a contract concluded with him/her;(f) 'holder` means a person who, pursuant to a contract concluded between him/her and an issuer, holds a payment instrument.SECTION II TRANSPARENCY OF CONDITIONS FOR TRANSACTIONS Article 3 Minimum information contained in the terms and conditions governing the issuing and use of an electronic payment instrument 1. Upon signature of the contract or in any event in good time prior to delivering an electronic payment instrument, the issuer communicates to the holder the contractual terms and conditions (hereinafter referred to as 'the terms`) governing the issue and use of that electronic payment instrument. The terms indicate the law applicable to the contract.2. The terms are set out in writing, including where appropriate by electronic means, in easily understandable words and in a readily comprehensive form, and are available at least in the official language or languages of the Member State in which the electronic payment instrument is offered.3. The terms include at least:(a) a description of the electronic payment instrument, including where appropriate the technical requirements with respect to the holder's communication equipment authorized for use, and the way in which it can be used, including the financial limits applied, if any;(b) a description of the holder's and issuer's respective obligations and liabilities; they include a description of the reasonable steps that the holder must take to keep safe the electronic payment instrument and the means (such as a personal identification number or other code) which enable it to be used;(c) where applicable, the normal period within which the holder's account will be debited or credited, including the value date, or, where the holder has no account with the issuer, the normal period within which he/she will be invoiced;(d) the types of any charges payable by the holder. In particular, this includes where applicable details of the following charges:- the amount of any initial and annual fees,- any commission fees and charges payable by the holder to the issuer for particular types of transactions,- any interest rate, including the manner of its calculation, which may be applied;(e) the period of time during which a given transaction can be contested by the holder and an indication of the redress and complaints procedures available to the holder and the method of gaining access to them.4. If the electronic payment instrument is usable for transactions abroad (outside the country of issuing/affiliation), the following information is also communicated to the holder:(a) an indication of the amount of any fees and charges levied for foreign currency transactions, including where appropriate the rates;(b) the reference exchange rate used for converting foreign currency transactions, including the relevant date for determining such a rate.Article 4 Information subsequent to a transaction 1. The issuer supplies the holder with information relating to the transactions effected by means of an electronic payment instrument. This information, set out in writing, including where appropriate by electronic means, and in a readily comprehensible form, includes at least:(a) a reference enabling the holder to identify the transaction, including, where appropriate, the information relating to the acceptor at/with which the transaction took place;(b) the amount of the transaction debited to the holder in billing currency and, where applicable, the amount in foreign currency;(c) the amount of any fees and charges applied for particular types of transactions.The issuer also provides the holder with the exchange rate used for converting foreign currency transactions.2. The issuer of an electronic money instrument provides the holder with the possibility of verifying the last five transactions executed with the instrument and the outstanding value stored thereon.SECTION III OBLIGATIONS AND LIABILITIES OF THE PARTIES TO A CONTRACT Article 5 Obligations of the holder The holder:(a) uses the electronic payment instrument in accordance with the terms governing the issuing and use of a payment instrument; in particular, the holder takes all reasonable steps to keep safe the electronic payment instrument and the means (such as a personal identification number or other code) which enable it to be used;(b) notifies the issuer (or the entity specified by the latter) without delay after becoming aware of:- the loss or theft of the electronic payment instrument or of the means which enable it to be used,- the recording on his/her account of any unauthorized transaction,- any error or other irregularity in the maintaining of that account by the issuer;(c) does not record his personal identification number or other code in any easily recognizable form, in particular on the electronic payment instrument or on any item which he/she keeps or carries with the electronic payment instrument;(d) does not countermand an order which he/she has given by means of his/her electronic payment instrument, except if the amount was not determined when the order was given.Article 6 Liabilities of the holder 1. Up to the time of notification, the holder bears the loss sustained in consequence of the loss or theft of the electronic payment instrument up to a limit, which may not exceed ECU 150, except where he/she acted with extreme negligence, in contravention of relevant provisions under Article 5 (a), (b) or (c), or fraudulently, in which case such a limit does not apply.2. As soon as the holder has notified the issuer (or the entity specified by the latter) as required by Article 5 (b), except where he/she acted fraudulently, he/she is not thereafter liable for the loss arising in consequence of the loss or theft of his/her electronic payment instrument.3. By derogation from paragraphs 1 and 2, the holder is not liable if the payment instrument has been used, without physical presentation or electronic identification (of the instrument itself). The use of a confidential code or any other similar proof of identity is not, by itself, sufficient to entail the holder's liability.Article 7 Obligations of the issuer 1. The issuer may alter the terms, provided that sufficient notice of the change is given individually to the holder to enable him/her to withdraw if he/she so chooses. A period of not less than one month is specified after which time the holder is deemed to have accepted the terms if he/she has not withdrawn.However, any significant change to the actual interest rate is not subject to the provisions of the first subparagraph and comes into effect upon the date specified in the publication of such a change. In this event, and without prejudice to the right of the holder to withdraw from the contract, the issuer informs the holder individually thereof as soon as possible.2. The issuer:(a) does not disclose the holder's personal identification number or other code, except to the holder;(b) does not dispatch an unsolicited electronic payment instrument, except where it is a replacement for an electronic payment instrument already held by the holder;(c) keeps for a sufficient period of time, internal records to enable the transactions referred to in Article 1 (1) to be traced and errors to be rectified;(d) ensures that appropriate means are available to enable the holder to make the notification required under Article 5 (b). Where notification is made by telephone, the issuer (or the entity specified by the latter) provides the holder with the means of proof that he/she has made such a notification;(e) proves, in any dispute with the holder concerning a transaction referred to in Article 1 (1), and without prejudice to any proof to the contrary that may be produced by the holder, that the transaction:- was accurately recorded and entered into accounts,- was not affected by technical breakdown or other deficiency.Article 8 Liabilities of the issuer 1. The issuer is liable, subject to Article 5, Article 6 and Article 7 (2) (a) and (e):(a) for the non-execution or defective execution of the holder's transactions referred to in Article 1 (1), even if a transaction is initiated at devices/terminals or through equipment which are not under the issuer's direct or exclusive control, provided that the transaction is not initiated at devices/terminals or through equipment unauthorized for use by the issuer;(b) for transactions not authorized by the holder, as well as for any error or irregularity attributable to the issuer in the maintaining of the holder's account.2. Without prejudice to paragraph 3, the amount of the liability indicated in paragraph 1 consists of:(a) the amount of the unexecuted or defectively executed transaction and, if any, interest thereon;(b) the sum required to restore the holder to the position he/she was in before the unauthorized transaction took place.3. Any further financial consequences, and, in particular, those concerning the extent of the damage for which compensation is to be paid, are borne by the issuer in accordance with the law applicable to the contract concluded between the issuer and the holder.4. The issuer is liable to the holder of an electronic money instrument for the lost amount of value stored on the instrument and for the defective execution of the holder's transactions, where the loss or defective execution is attributable to a malfunction of the instrument, of the device/terminal or any other equipment authorized for use, provided that the malfunction was not caused by the holder knowingly or in breach of Article 3 (3) (a).SECTION IV NOTIFICATION, SETTLEMENT OF DISPUTES AND FINAL PROVISION Article 9 Notification 1. The issuer (or the entity specified by him) provides means whereby a holder may at any time of day or night notify the loss or theft of his/her electronic payment instrument.2. The issuer (or the entity specified by him), upon receipt of notification, is under the obligation, even if the holder acted with extreme negligence or fraudulently, to take all reasonable action open to him to stop any further use of the electronic payment instrument.Article 10 Settlement of disputes Member States are invited to ensure that there are adequate and effective means for the settlement of disputes between a holder and an issuer.Article 11 Final provision Member States are invited to take the measures necessary to ensure that the issuers of electronic payment instruments conduct their activities in accordance with Articles 1 to 9 by not later than 31 December 1998.Done at Brussels, 30 July 1997.For the CommissionMario MONTIMember of the Commission(1) OJ No L 365, 24. 12. 1987, p. 72.(2) OJ No L 95, 21. 4. 1993, p. 29.(3) OJ No L 42, 12. 2. 1987, p. 48.(4) OJ No L 61, 10. 3. 1990, p. 14.(5) OJ No L 332, 31. 12. 1993, p. 4.


Avis juridique important

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52004SC0836

Recommendation for a Council Recommendation to Slovakia with a view to bringing an end to the situation of an excessive government deficit  /* SEC/2004/0836 final */

Recommendation for a COUNCIL RECOMMENDATION TO SLOVAKIA with a view to bringing an end to the situation of an excessive government deficit(presented by the Commission)EXPLANATORY MEMORANDUMOn 7 April 2004, the Commission published its Spring 2004 forecasts [1]. According to these forecasts, which took into consideration data reported by Slovakia in March 2004, the general government deficit in Slovakia decreased from 5.7% of GDP in 2002 to 3.6% of GDP in 2003, thus exceeding the 3% of GDP Treaty reference value.[1]  The Commission Spring 2004 forecast is available at the following website: http://europa.eu.int/comm/economy_finance/publications/european_economy/2004/ee204en.pdf.Based on this prima facie evidence, the Commission initiated the excessive deficit procedure for Slovakia on 12 May 2004, with the adoption of the report foreseen in Article 104(3) of the Treaty [2]. On 14 May 2004, the Commission received the convergence programme of Slovakia, which confirmed a deficit figure of 3.6% of GDP for 2003.[2]  The full text of this report is available at the following website: http://europa.eu.int/comm/economy_finance/about/activities/sgp/procedures_en.htm.The application of the excessive deficit procedure (EDP) is governed by Article 104 of the Treaty and by Council Regulation (EC) No 1467/97 "on speeding up and clarifying the implementation of the excessive deficit procedure", which is part of the Stability and Growth Pact [3]. Countries that joined the EU on 1 May 2004 are Member States with a derogation and are to avoid excessive deficits, but sanctions according to Article 104 (9) and (11) cannot be imposed on them.[3]  OJ L 209, 2.8.1997.The Commission report according to Article 104(3) of the Treaty concluded that the excess of the Slovak deficit in 2003 over the 3% of GDP Treaty reference value did not result from an unusual event outside the control of the Slovak authorities, nor was it the result of a severe economic downturn in the sense of the Stability and Growth Pact, as real GDP growth reached 4.2% in 2003. Concerning developments in 2004, the report concluded that the general government deficit was likely to increase and remain above 3% of GDP. In particular, the Commission Spring 2004 forecast is for a general government deficit of 4.1% of GDP in 2004, which is close to the 4.0% of GDP projected by the Slovak authorities in the convergence programme.Based on the Commission Spring 2004 forecasts, the Commission report also concluded that the debt-to-GDP ratio, which had reached 42.8% of GDP in 2003, would remain below the 60% reference value of the Treaty in 2004. In particular, the Commission Spring 2004 forecast projects the debt ratio to reach 45.1% of GDP in 2004, which is equal to the 45.1% of GDP projected by the Slovak authorities in the convergence programme.Article 104(4) of the Treaty states that "the Committee provided for in Article 114 (i.e. the Economic and Financial Committee) has to formulate an opinion on the report of the Commission". The Committee issued its opinion on 24 May 2004, subscribing to the assessment made by the Commission in its report. In particular, the Committee concluded that the budgetary situation in Slovakia indicated the existence of an excessive deficit under the first of the two criteria foreseen by Article 104(2) for the identification of such deficits. Consideration of other relevant factors, in particular the medium-term budgetary position and the public investment ratio did not change the assessment based on the criteria themselves. The Committee also expected the general government deficit to remain well above the Treaty reference value in 2004, and that general government gross debt would remain below the Treaty reference value of 60% of GDP in 2004.The Commission, having examined the relevant factors taken into account in its report and having regard to the opinion of the Committee, is of the opinion that an excessive deficit exists in Slovakia. This opinion, adopted by the Commission on 24 June 2004, has been addressed to the Council, according to Article 104(5) of the Treaty. The Commission has recommended that the Council shall decide accordingly, in conformity with Article 104(6). In addition, the Commission is herewith submitting to the Council a recommendation for a Council recommendation to be addressed to Slovakia with a view to bringing the situation of an excessive deficit to an end, according to Article 104(7) of the Treaty. The monitoring of the implementation of action taken by Slovakia may demand that the Council makes further recommendations according to Article 104(7), given the non-applicability of Article 104(9) to Member States with a derogation.Recommendation for a COUNCIL RECOMMENDATION TO SLOVAKIA with a view to bringing an end to the situation of an excessive government deficitTHE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 104(7) thereof;Having regard to the recommendation from the Commission;Whereas:(1) According to Article 104 of the Treaty, Member States are to avoid excessive government deficits;(2) The Stability and Growth Pact is based on the objective of sound government finances as a means of strengthening the conditions for price stability and for strong sustainable growth conducive to employment creation;(3) The Council has decided on [5 July] 2004, in accordance with Article 104(6), that an excessive deficit exists in Slovakia;(4) Having decided on the existence of an excessive deficit in Slovakia, the Council, in accordance with Article 104(7) of the Treaty and Article 3 of Council Regulation (EC) No 1467/97, is required to make at the same time recommendations to the Member State concerned with a view to bringing that situation to an end within a given period;(5) According to Article 3(4) of Council Regulation (EC) No 1467/97, this recommendation should specify that effective action is to be taken by the Member State concerned within four months at most and that the correction of the excessive deficit should be completed in the year following its identification unless there are special circumstances. Such special circumstances are present in the case of Slovakia namely because of the ongoing structural shift in the economy;(6) The existence of special circumstances authorises the Council to allow the correction of the excessive deficit in a medium-term framework. It is appropriate to consider the convergence programme submitted by Slovakia in May 2004, and its subsequent updates, and the Council Opinions thereof as providing the adjustment path for the correction of the excessive deficit. The convergence programme of May 2004 plans to complete the correction of the excessive deficit by 2007, with the following annual targets for the general government deficit: 4.0% of GDP in 2004, 3.9% of GDP in 2005, 3.9% of GDP in 2006 and 3.0% of GDP in 2007. The adjustment path is based on a macro-economic scenario which, according to the Council Opinion of [5 July] 2004 on the convergence programme, is plausible;(7) In the view of the Council, budgetary consolidation measures should secure a lasting improvement in the general government balance, while being geared towards enhancing the quality of the public finances and reinforcing the growth potential of the economy.HEREBY RECOMMENDS:- the Slovak authorities to put an end to the present excessive deficit situation as rapidly as possible;- the Slovak authorities to take action in a medium-term framework in order to bring the deficit below 3% of GDP in 2007 in a credible and sustainable manner, in accordance with the path for deficit reduction as specified in the Council Opinion [of 5 July 2004] on the convergence programme submitted in May 2004;- the Slovak authorities to implement with vigour the measures envisaged in the May 2004 convergence programme, in particular those related to the proposed further health care reforms and further public sector rationalisation;- the Slovak authorities to take effective action by 5 November 2004 regarding the measures envisaged to achieve the 2005 deficit target.In addition, the Council invites the Slovak authorities:- to seize every opportunity to accelerate the fiscal adjustment, in particular by allocating higher-than-budgeted revenues to deficit reduction;- to strengthen the binding character of the three-year budgetary framework by introducing detailed medium-term expenditure ceilings to be adopted by parliament.This recommendation is addressed to the Slovak Republic.Done at Brussels, [5 July] 2004.For the CouncilThe President[...]


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		52013PC0653

			Recommendation for a COUNCIL DECISION approving the conclusion by the Commission, on behalf of the European Atomic Energy Community, of the Association Agreement between the European Union and its Member States, of the one part, and Ukraine, of the other part /* COM/2013/0653 final */

			   	EXPLANATORY MEMORANDUM
1.           CONTEXT OF THE PROPOSAL
On 15 May 2013, the Commission submitted
two proposals for Council Decisions related to the EU-Ukraine Association
Agreement. The first was on the signing, on behalf of the European Union, and
provisional application, of the Association Agreement between the European
Union and its Member States, of the one part, and Ukraine, of the other part (COM(2013)289).
The second was on the conclusion of the Association Agreement between the
European Union and its Member States, of the one part, and Ukraine, of the
other part (COM(2013)290).
Since the European Atomic Energy Community
(EAEC) is also a Party to the Association Agreement between the European Union
and its Member States, of the one part, and Ukraine, of the other part, the
Commission had said in the explanatory memorandum that it would make a separate
recommendation for Council approval of the conclusion by the Commission of the
parts of the Agreement which fall under the Treaty establishing the European Atomic
Energy Community (EAEC).
Different procedures apply to the signature
and conclusion of international agreements by the EAEC. In particular, in
accordance with Article 101 EAEC Treaty, such agreements have to be concluded by
the Commission with the approval of the Council. It is therefore necessary to
adopt separate Decisions for both the signature and conclusion of the Association
Agreement by the EU and by the EAEC.
For the conclusion of the Association
Agreement on behalf of the EAEC, the Commission recommends that the Council
give its approval, pursuant to the second paragraph of Article 101 of the
Treaty establishing the EAEC.
In the light of the results
of the negotiations mentioned in documents COM(2013)289 and COM(2013)290 and
provided that the Ukrainian authorities demonstrate determined action and
tangible progress in the three areas identified by the 10 December 2012 Council
Conclusions on Ukraine - the Commission proposes that the Council decides that
the Association Agreement between the European Union and its Member States, of
the one part, and Ukraine, of the other part, should be signed on behalf of the
Union and establishes appointment of the person(s) duly empowered to sign on
behalf of the Union.
Given the approval of
the Council and the appropriate Commission decision, the Commission will be
able to sign and ratify the Association Agreement on behalf of the EAEC.
2.           RESULTS AND LEGAL
ELEMENTS OF THE PROPOSAL
The Commission recommends that the Council
approve, pursuant to the second paragraph of Article 101 of the Treaty
establishing the European Atomic Energy Community, the conclusion of the
Association Agreement between the European Union and its Member States, of the one part, and Ukraine, of the other part, as regards matters falling proper to the
EAEC.
Since the text of the Agreement was already
submitted to the Council following the proposal made by the Commission on 15
May 2013 and with a view to facilitate the process, the Agreement itself is not
annexed to this proposal, but can be found annexed to COM(2013)289.
On the part of the Union, the legal basis for the
conclusion of this Agreement is Article 217, in conjunction with Article 218(6)(a) and the second
subparagraph of Article 218(8) of TFEU.
For the EAEC, the legal basis for this Agreement is Article
101 of the Treaty establishing the European Atomic Energy Community.
The attached proposal constitutes, together with the
Commission decision on conclusion, the legal instrument for conclusion of the
Association Agreement on behalf of the EAEC.
The fact that the Commission has
submitted its proposal as an agreement between the Union and its Member States and Ukraine is related to the genesis of this agreement under the rules of the
Treaty before the entry into force of the Treaty of Lisbon.
According to Article 102 of the Euratom
Treaty, an Agreement may not enter into force for the EAEC
until the Commission has been notified by the Member States that the agreement
has become applicable in accordance with the provisions of their respective
national laws.
Recommendation for a
COUNCIL DECISION
approving the conclusion by the
Commission, on behalf of the European Atomic Energy Community, of the
Association Agreement between the European Union and its Member States, of the one part, and Ukraine, of the other part
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing
the European Atomic Energy Community, and in particular the second paragraph of
Article 101 thereof,
Having regard to the recommendation from
the Commission,
Whereas:
(1)       On 22 January 2007, the
Council authorised the Commission to open negotiations with Ukraine for the conclusion of a new Agreement between the European Union and Ukraine to replace the Partnership and Cooperation Agreement.
(2)       Taking into account the
close historical relationship and progressively closer links between the
Parties, as well as their desire to strengthen and widen relations in an
ambitious and innovative way, the negotiations on the Association Agreement
were successfully concluded by the initialling of the Agreement in 2012.
(3)       On 15 May 2013, the
Commission proposed to the Council that the Agreement should be signed on
behalf of the Union and applied on a provisional basis in accordance with
Article 486 of the Agreement, pending its conclusion at a later date and approval
of the attached Declaration(s).
(4)       The signature and
conclusion of the Agreement is subject to a separate procedure as regards
matters falling under the Treaty on European Union and the Treaty on the Functioning
of the European Union.
(5)       The Agreement should therefore
be concluded, on behalf of the European Atomic Energy Community too, as regards
matters falling under the Euratom Treaty.
(6)       According to Article 102
of the Euratom Treaty, the Agreement may not enter into force for the European
Atomic Energy Community until the Commission has been notified by the Member
States that such agreement has become applicable in accordance with the
provisions of their respective national laws.
(7)       The conclusion of the
Agreement by the Commission, acting on behalf of the European Atomic Energy
Community, should be approved.
HAS ADOPTED THIS DECISION:
Sole
Article
1.           The conclusion by the
Commission, on behalf of the European Atomic Energy Community, of the Association
Agreement between the European Union and its Member States, of the one part,
and Ukraine, of the other part, is hereby approved.
2.           The text of the Agreement
is attached to the Decision of the Council on the signing, on behalf of the
European Union, and provisional application of the Association Agreement
between the European Union and its Member States, of the one part, and Ukraine, of the other part.
Done at Brussels,
                                                                       For
the Council
                                                                       The
President


title: Recommendation of the European Central Bank of 16 February 2009 to the Council of the European Union on the external auditors of the Deutsche Bundesbank (ECB/2009/3)

text:
               21.2.2009

               EN

               Official Journal of the European Union

               C 43/1

      RECOMMENDATION OF THE EUROPEAN CENTRAL BANK

   of 16 February 2009
   to the Council of the European Union on the external auditors of the Deutsche Bundesbank
   (ECB/2009/3)
   (2009/C 43/01)
   THE GOVERNING COUNCIL OF THE EUROPEAN CENTRAL BANK,
   Having regard to the Statute of the European System of Central Banks and of the European Central Bank, and in particular Article 27.1 thereof,
   Whereas:

               (1)

               The accounts of the European Central Bank (ECB) and national central banks are audited by independent external auditors recommended by the ECB's Governing Council and approved by the Council of the European Union.

               (2)

               The mandate of the Deutsche Bundesbank's current external auditors will end after the audit for the financial year 2008. It is therefore necessary to appoint external auditors from the financial year 2009.

               (3)

               The Deutsche Bundesbank has selected Ernst & Young AG Wirtschaftsprüfungsgesellschaft Steuerberatungsgesellschaft as its external auditors for the financial years 2009 to 2014,

         HAS ADOPTED THIS RECOMMENDATION:
   It is recommended that Ernst & Young AG Wirtschaftsprüfungsgesellschaft Steuerberatungsgesellschaft should be appointed as the external auditor of the Deutsche Bundesbank for the financial years 2009 to 2014.

      Done at Frankfurt am Main, 16 February 2009.

            The President of the ECB

         Jean-Claude TRICHET


|

52010DC0151

 Recommendation from the Commission to the Council concerning a proposal, on behalf of the European Union, for amendments to Annexes A and C to the Stockholm Convention on Persistent Organic Pollutants  /* COM/2010/0151 final */

	[pic] | EUROPEAN COMMISSION |Brussels, 15.4.2010COM(2010)151 finalRECOMMENDATION FROM THE COMMISSION TO THE COUNCILconcerning a proposal, on behalf of the European Union, for amendments to Annexes A and C to the Stockholm Convention on Persistent Organic PollutantsRECOMMENDATION FROM THE COMMISSION TO THE COUNCILconcerning a proposal, on behalf of the European Union, for amendments to Annexes A and C to the Stockholm Convention on Persistent Organic PollutantsA. EXPLANATORY MEMORANDUM1.  The Stockholm Convention on persistent organic pollutants entered into force on 17 May 2004. The aim of the Convention is to protect human health and the environment from persistent organic pollutants. The Convention provides a framework, based on the precautionary principle, for elimination of production, use, import and export of currently twenty-one priority persistent organic pollutants, their safe handling and disposal and elimination or reduction of releases of certain unintentional persistent organic pollutants.2.  Regulation (EC) No 850/2004 implements in Union law the commitments set out in the Stockholm Convention on Persistent Organic Pollutants, hereinafter "the Convention", approved by Council Decision 2006/507/EC[1] and in the Protocol to the 1979 Convention on Long-Range Transboundary Air Pollution on Persistent Organic Pollutants approved by Council Decision 259/2004/EC[2].3.  In the Convention, Article 8(1) stipulates that any Party may submit a proposal to the Secretariat for listing a chemical in Annexes A, B or C. The proposal shall contain the information specified in Annex D. The procedure for the adoption of amendment to Annexes is foreseen by Article 22 of the Convention.4.  According to available scientific information and review reports and taking due account of the screening criteria laid down in Annex D of the Convention hexachlorobutadiene, pentachlorophenol and chlorinated naphthalenes exhibit characteristics of persistent organic pollutants.5.  The production, placing on the market, use or unintentional emission of these substances have already ceased or has been severely reduced in the Union, whereas it cannot be excluded that they are still produced, used or significantly unintentionally emitted in other countries. Due to the potential for long-range environmental transport of these chemicals, the measures taken nationally or at the Union level are not sufficient to safeguard the high level of protection of the environment and human health but wider international action is necessary.6.  The Council's authorisation for negotiations is based on Article 218(2) TFEU.B. RECOMMENDATIONIn the light of the above, the Commission recommends that:The Council authorises, with a view to starting the review procedures towards negotiations on possible amendments of Annexes A and C to the Stockholm Convention on Persistent Organic Pollutants, the Commission to submit to the Executive Secretariat of the Convention, in time for consideration by the next Persistent Organic Pollutants Review Committee meeting in October 2010, the proposal, on behalf of the European Union, to amend the relevant annexes to the Convention by adding the following substances to Annex A and/or Annex C:-  hexachlorobutadiene (CAS number: 87-68-3),-  pentachlorophenol (CAS number: 87-86-5);-  chlorinated naphthalenes (a group of 75 chlorinated naphthalenes containing one to eight chlorine atoms);The Commission together with the Member States shall ensure that relevant information in support of the proposals is submitted to the Persistent Organic Pollutants Review Committee.Done at Brussels,For the Council, The President [1] OJ L 209, 31.7.2006, p. 1[2] OJ L 81, 19.02.2004, p. 35


Important legal notice

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52005SC0149

Recommendation for a Council opinion in accordance with the third paragraph of Art. 9 of Council Regulation (EC) No 1466/97 of 7 July 1997 On the updated convergence programme of Estonia, 2004-2008  /* SEC/2005/0149 final */

	Brussels, 2.2.2005SEC(2005) 149 finalRecommendation for aCOUNCIL OPINIONin accordance with the third paragraph of Art. 9 of Council Regulation (EC) No 1466/97 of 7 July 1997 On the updated convergence programme of Estonia, 2004-2008(presented by the Commission)EXPLANATORY MEMORANDUMCouncil Regulation (EC) No 1466/97 on the strengthening of the surveillance of budgetary positions and the surveillance and coordination of economic policies[1] stipulates that non-participating Member States, that is, those which have not adopted the single currency, have to submit convergence programmes to the Council and the Commission. In accordance with Article 9 of this Regulation, the Council has to examine each convergence programme based on assessments prepared by the Commission and the Committee set up by Article 114 of the Treaty (the Economic and Financial Committee). On the basis of a recommendation from the Commission and after consulting the Economic and Financial Committee, the Council is required to deliver an opinion, following its examination of the programme. According to the Regulation, Member States need to submit annual updates of their convergence programmes, which may also be examined by the Council in accordance with these same procedures.The Member States that joined the EU on 1 May 2004 do not participate in the single currency, but are required to fulfil in due time the convergence criteria, including the one on the sustainability of the government financial position, in order to qualify for the adoption of the euro.The Member States which joined the EU on 1 May 2004 committed themselves to submitting their convergence programmes by 15 May 2004 and a first update thereof towards the end of 2004. The first convergence programme of Estonia, covering the period 2004-2008, was submitted on 1 May 2004 and assessed by the Council on 5 July 2004. Estonia submitted an update of its convergence programme on 1 December 2004. The Commission services have carried out a technical evaluation of this update, taking into account the results of the Commission services Autumn 2004 economic forecasts, and having regard to the “code of conduct on the content and format of stability and convergence programmes”[2], the commonly agreed methodology for the estimation of potential output, the recommendations in the broad economic policy guidelines for the period 2003-2005 and the principles laid down in the Communication from the Commission to the Council and the European Parliament of 27 November 2002 on strengthening the coordination of budgetary policies[3]. This evaluation warrants the following assessment:-  The first update of the Estonian convergence programme was submitted to the European Commission on 1 December 2004. It covers the period 2004-2008. The programme complies with the “code of conduct on the content and format of stability and convergence programmes”.-  The macroeconomic scenario as presented in the programme envisages real GDP growth of 5.6% in 2004. In 2005, real GDP is forecast to accelerate to 5.9% and to maintain a pace of 6% p.a. over the period 2006-2008. This is somewhat lower than the Commission services autumn 2004 forecast for the years 2004-2006, which projects growth rates of 5.9% in 2004, 6% in 2005 and 6.2% in 2006. Both projections remain below the Commission estimates of potential output growth for the years 2004-2007. On the basis of currently available information, and in particular given that the actual growth rate during the first 3 quarters of 2004 was 6.3% year-on-year, along with the Estonian authorities’ track record of prudent government forecasting, the programme scenario can be considered as plausible. A high external account deficit will continue to be the major macro-economic imbalance in Estonia over the foreseeable future, largely reflecting the strong investment needs of the economy in catching up towards EU-average income levels. Although the programme projects a sustainable narrowing of the external deficit through structural improvements on the trade balance, present trends and less than reliable trade data plead in favour of caution.-  On 28 June 2004, Estonia joined ERM II with a standard fluctuation band, while maintaining a unilateral commitment to the present currency board system. The hard peg to the euro, supported by strong policy discipline, helped to disinflate the Estonian economy quite rapidly during the past years. Reflecting primarily EU accession effects, annual HICP inflation increased to 3% in 2004, but is expected to ease back over the medium term. Estonian money market and bank lending rates are at historical lows, reflecting developments in the euro area as well as sustained interest rate convergence.-  The programme update aims at achieving a budgetary position of close-to-balance or small surplus throughout the programme period. For 2004, a budget surplus of 1% of GDP is expected. From 2005 onwards, balanced budgets are targeted. Owing to buoyant growth of activity, government investment and consumption are expected to decline as ratios of GDP, while nominal expenditure on both items will increase. In parallel, revenues will decrease as per cent of GDP, primarily due to the net effects of an ongoing tax reform. While the overall strategy remained unaltered as compared with the May 2004 programme, the expected budget surplus for 2004 has been revised upwards to 1% of GDP, from 0.7%. The GDP growth projections have been raised over the entire programme period, although they still appear to be on the cautious side.-  The risks to the budgetary projections in the programme appear broadly balanced. On the one hand, the cautious macroeconomic scenario suggests that revenues could be higher and that expenditure somewhat lower than budgeted. Indeed, Estonia has established a track record of prudent forecasting and repeated overshooting of fiscal targets over the past few years. On the other hand, unexpected revenue shortfalls from the planned tax cuts, or an adverse impact on growth from exogenous shocks cannot be excluded altogether.-  In view of this risk assessment the budgetary stance in the programme seems adequate to maintain the Stability and Growth Pact’s medium-term objective of a position of close-to-balance over the entire programme period. It also seems to provide a sufficient safety margin against breaching the 3% of GDP deficit threshold with normal macroeconomic fluctuations.-  The debt ratio is estimated at 4.8% of GDP in 2004, well below the 60% of GDP Treaty reference value and, indeed, the lowest in the EU. The programme projects the debt ratio to further decline by 1.9 percentage points up to the programme horizon.-  The programme briefly reviews the government’s structural reform programme which focuses on measures to improve the country’s infrastructure (using also EU funds for that purpose), the education and health care systems, and on active labour market policies as well as the promotion of innovation and research. The programme also outlines measures to further strengthen the budget process through a multi-annual budgeting framework, and to increase transparency and reliability of the nominal expenditure ceilings through systematic evaluation mechanisms. The local government deficits are planned to be brought under control through improved co-ordination of borrowing with the central government level, as well as mandatory preparation of a mid-term budget framework, the introduction of limits for annual deficits, and the mandatory accumulation of reserves. The reforms, most of which are already underway or whose legislation is being prepared, can reasonably be expected to improve growth conditions of the Estonian economy, while strengthening incentives to work, creating new jobs and discouraging tax evasion, as well as improving fiscal discipline both with line ministries and at local government level. Encouraging early results, especially in the labour market, have become visible already in 2004.-  Estonia appears to be in a favourable position with regard to the long-term sustainability of the public finances, of which the projected budgetary cost of an ageing population is an important element. A low government debt level, considerable government financial reserves and a medium-term budgetary strategy that is fully consistent with the objective of a close-to-balance or in-surplus budgetary position, together with credible and thorough reforms of the pension and health care systems which are meant to stem budgetary pressures in the longer term, should ensure that public finances remain on a sustainable footing.-  The economic policies outlined in the update are broadly consistent with the country-specific broad economic policy guidelines in the area of public finances. The higher-than-projected budget surplus in 2004 is in line with the recommendation to avoid pro-cyclical fiscal policies. Nevertheless, given that the external account deficit has most likely not narrowed significantly (if at all) in 2004, a rapid run-down of the budget surplus may provide insufficient support from the fiscal policy stance to the correction of the external imbalance.Based on this assessment, the Commission has adopted the attached recommendation for a Council Opinion on the updated convergence programme of Estonia and is forwarding it to the Council.Recommendation for aCOUNCIL OPINIONin accordance with the third paragraph of Art. 9 of Council Regulation (EC) No 1466/97 of 7 July 1997 On the updated convergence programme of Estonia, 2004-2008THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community,Having regard to Council Regulation (EC) No 1466/97 of 7 July 1997 on the strengthening of the surveillance of budgetary positions and the surveillance and coordination of economic policies[4], and in particular Article 9(3) thereof,Having regard to the recommendation of the Commission,After consulting the Economic and Financial Committee,HAS DELIVERED THIS OPINION:On [17 February 2005] the Council examined the updated convergence programme of Estonia, which covers the period 2004 to 2008. The programme complies with the data requirements of the revised “code of conduct on the content and format of stability and convergence programmes”.The macro-economic scenario underlying the programme envisages real GDP growth to pick up from 5.6% in 2004 to 6.0% on average over the rest of the programme period. On the basis of currently available information, this scenario seems to reflect plausible growth assumptions. The programme’s projections for inflation also appear realistic.Estonia aims at achieving a budgetary position of close-to-balance or small surplus throughout the programme period. For 2004, the programme targets a budget surplus of 1% of GDP which is 0.3% higher than the surplus planned in the programme of last May. From 2005 onwards, balanced budgets are envisaged, as was the case in the previous programme. Public investment in 2004 is foreseen to increase by one percentage point of GDP to 4.4% before declining to 3.9% by 2008, and remains thus well above the EU average (2.4% of GDP in 2004).The risks to the budgetary projections in the programme appear broadly balanced. On the one hand, the cautious macroeconomic scenario suggests that revenues could be higher and expenditure somewhat lower than budgeted. Indeed, Estonia has established a track record of prudent forecasting and repeated overshooting of fiscal targets over the past few years. On the other hand, unexpected revenue shortfalls from the planned tax cuts, or an adverse impact on growth from exogenous shocks cannot be excluded altogether. Considering the balance of risks, the budgetary stance in the programme seems adequate to maintain the Stability and Growth Pact’s medium-term objective of a position of close-to-balance over the entire programme period 2004-2008. It also seems to provide a sufficient safety margin against breaching the 3% of GDP deficit threshold with normal macroeconomic fluctuations.The debt ratio is estimated at 4.8% of GDP in 2004, well below the 60% of GDP Treaty reference value and indeed the lowest in the EU. The programme projects the debt ratio to further decline by 1.9 percentage points over the programme period.Estonia appears to be in a favourable position with regard to the long-term sustainability of the public finances, despite important projected budgetary costs of an ageing population. A low government debt level, considerable government financial reserves and a medium-term budgetary strategy that is fully consistent with the objective of a close-to-balance-or-in-surplus budgetary position, together with credible and thorough reforms of the pension and health care systems which are meant to stem budgetary pressures in the longer term, should ensure that public finances remain on a sustainable footing.The economic policies outlined in the update are broadly consistent with the country-specific broad economic policy guidelines in the area of public finances. The higher-than-projected budget surplus in 2004 is in line with the recommendation to avoid pro-cyclical fiscal policies. Nevertheless, given that the external account deficit has most likely not narrowed significantly (if at all) in 2004, a rapid run-down of the budget surplus may provide insufficient support from the fiscal policy stance to the correction of the external imbalance.Comparison of key macroeconomic and budgetary projections2004 | 2005 | 2006 | 2007 | 2008 |Real GDP (% change) | CP Dec 2004 | 5.6 | 5.9 | 6.0 | 6.0 | 6.0 |COM Oct 2004 | 5.9 | 6.0 | 6.2 | n.a. | n.a. |CP May 2004 | 5.3 | 5.8 | 5.6 | 5.9 | 5.8 |HICP inflation* (%) | CP Dec 2004 | 3.3 | 3.2 | 2.5 | 2.8 | 2.8 |COM Oct 2004 | 3.4 | 3.5 | 2.8 | n.a. | n.a. |CP May 2004 | 3.1 | 3.0 | 2.8 | 2.8 | 2.8 |General government balance (% of GDP) | CP Dec 2004 | 1.0 | 0.0 | 0.0 | 0.0 | 0.0 |COM Oct 2004 | 0.5 | 0.2 | 0.1 | n.a. | n.a. |CP May 2004 | 0.7 | 0.0 | 0.0 | 0.0 | 0.0 |Primary balance (% of GDP) | CP Dec 2004 | 1.3 | 0.2 | 0.2 | 0.2 | 0.2 |COM Oct 2004 | 0.8 | 0.4 | 0.3 | n.a. | n.a. |CP May 2004 | 1.0 | 0.3 | 0.3 | 0.3 | 0.3 |Government gross debt (% of GDP) | CP Dec 2004 | 4.8 | 4.6 | 4.3 | 3.1 | 2.9 |COM Oct 2004 | 4.8 | 4.4 | 4.2 | n.a. | n.a. |CP May 2004 | 5.4 | 5.1 | 4.7 | 3.4 | 3.2 |Note: *the programme refers to the national CPI definition, not the HICP Sources: convergence programme (CP); Commission services autumn 2004 forecasts (COM). |[1] OJ L 209, 2.8.1997. All the documents referred to in this text can be found at the following website:http://europa.eu.int/comm/economy_finance/about/activities/sgp/main_en.htm.[2] Revised Opinion of the Economic and Financial Committee on the content and format of stability and convergence programmes, document EFC/ECFIN/404/01-REV 1 of 27.6.2001 endorsed by the ECOFIN Council of 10.7.2001.[3] COM(2002) 668 final, 27.11.2002.[4] OJ L 209, 2.8.1997, p. 1. The documents referred to in this text can be found at the following website:http://europa.eu.int/comm/economy_finance/about/activities/sgp/main_en.htm.


title: Recommendation from the Commission to the Council to authorise modifications to the negotiating directives for a Trade and Cooperation Agreement with the Republic of Iraq

text:
   EN
EN    EN
 ---pagebreak---                   COMMISSION OF THE EUROPEAN COMMUNITIES
                                                    Brussels, 27.7.2009
                                                    SEC(2009) 1062 final
        RECOMMENDATION FROM THE COMMISSION TO THE COUNCIL
   to authorise modifications to the negotiating directives for a Trade and Cooperation
                           Agreement with the Republic of Iraq
EN                                            1                                         EN
 ---pagebreak---    1.       EXPLANATORY MEMORANDUM
   On 23 March 2006 the Council authorised the Commission to negotiate a Trade and
   Cooperation Agreement with Iraq and issued negotiating directives in this regard
   (doc. 6511/06 COMEM 23 WTO 38 RESTREINT UE).
   At the seventh round of EU-Iraq negotiations, held from 25 to 26 February 2009 in Baghdad,
   both Iraq and the Commission agreed to enhance the status of the draft Agreement,
   specifically through the creation of a Cooperation Council, meeting regularly at Ministerial
   level, and by changing the title of the Agreement from Trade and Cooperation Agreement to
   “Partnership and Cooperation Agreement”.
   This approach was endorsed by the Council (working group MOG) both prior to and
   following the seventh negotiation round. The Commission therefore recommends reflecting
   these changes in the negotiating directives and invites the Council to authorise the proposed
   modifications.
EN                                               2                                               EN
 ---pagebreak---    2.        RECOMMENDATION
   In the light of the above, the Commission recommends that the Council authorises the
   following modifications to the negotiating directives:
   (1)     Change of the title of the Agreement
             • The title of the Agreement will be changed from “Trade and Cooperation
                Agreement” to “Partnership and Cooperation Agreement” in the negotiating
                directives whenever it appears.
   (2)     Establishment of the Cooperation Council
             • A new point will be added in section D (Institutional, general and final
                provisions), Title III:
   “A Cooperation Council will be established to supervise the implementation of this
   Agreement. The Cooperation Council will meet at ministerial level. It will examine any major
   issues arising within the framework of this Agreement.”
             • The current point D.1 shall be amended in order to reflect the establishment of the
                Cooperation Council:
   Paragraph 1 - new text
   “A Cooperation Committee will be established with a view to assist the Cooperation Council
   in its duties.”
   Paragraph 2 - remains unchanged.
EN                                                3                                                EN


65/14/EEC: Commission Recommendation of 18 December 1964 addressed to the Member States concerning permission for duty-free treatment, as from 1 January 1965, of "community goods" sent, in small quantities, to individuals or contained in the personal luggage of travellers