Avis juridique important

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32003H0134

Council recommendation of 18 February 2003 concerning the improvement of the protection of the health and safety at work of self-employed workers

Official Journal L 053 , 28/02/2003 P. 0045 - 0046

Council recommendationof 18 February 2003concerning the improvement of the protection of the health and safety at work of self-employed workers(2003/134/EC)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 308 thereof,Having regard to the proposal for a recommendation from the Commission,Having regard to the opinion of the European Parliament(1),Having regard to the opinion of the European Economic and Social Committee(2),Whereas:(1) The Communication from the Commission on a Community programme concerning safety, hygiene and health at work (1996 to 2000)(3) provided for examining the need for a proposal for a Council recommendation concerning the health and safety of self-employed workers, given the ever-increasing number of such workers.(2) The European Parliament in its Resolution(4) on the General framework for action by the Commission in the field of safety, hygiene and health protection at work (1994 to 2000) proposes that it include measures to extend the framework Directive to self-employed workers. The European Parliament in its Resolution(5) on the mid-term report on the implementation of this programme again draws attention to the category of self-employed workers, who are largely outside the scope of the legislation, and stresses that the growth in subcontracting has led to an increase in the number of accidents at work.(3) The Commission Communication of 11 March 2002 - "Adapting to change in work and society: a new Community strategy on health and safety at work 2002 to 2006" - and Council Resolution of 3 June 2002 on a new Community strategy on health and safety at work (2002 to 2006), which aim at instilling a culture of prevention and influencing behaviour, should, wherever possible, be taken into account by both employed and self-employed workers.(4) The social partners attach particular importance to the protection of the health and safety of both self-employed workers and of other persons working at the same workplace, and almost all are in favour of a Community action in the form of a Council recommendation focusing on high risk sectors and notably on information and awareness-raising measures on risk prevention, appropriate training and medical surveillance.(5) As a general rule, workers who exercise their occupational activity in a manner which does not involve an employment relationship with an employer or, more generally, does not make them subordinate to a third person are not covered by the Community Directives on health and safety at work, in particular framework Council Directive 89/391/EEC of 12 June 1989 on the introduction of measures to encourage improvements in the safety and health of workers at work(6). Moreover, these workers are not covered in certain Member States by the legislation applicable in the field of health and safety at work.(6) Self-employed workers, irrespective of whether they work alone or with employees, may be subject to health and safety risks similar to those experienced by employees.(7) Through their activities self-employed workers may jeopardise the safety and health of other persons working at the same workplace.(8) There are also certain "high-risk" sectors in the Community in which the number of self-employed workers is very high (agriculture, fishing, construction, transport).(9) The recent recommendation by the ILO accompanying the Convention concerning health and safety in agriculture(7) stipulates that Member States must progressively extend to self-employed farmers the protection applicable to workers, taking account of the views of representative organisations of self-employed farmers if necessary.(10) Work accidents and occupational diseases to which self-employed workers are particularly exposed result in high costs in both social and human terms.(11) For these reasons, it is appropriate to take account of the category of self-employed workers and in this recommendation to focus on preventing the risks of occupational accidents and diseases to which self-employed workers are exposed.(12) The need to take account of the specific situation of the self-employed has already been recognised in relation to work carried out at temporary or mobile construction sites, as Directive 92/57/EEC(8) provides for the extension to the self-employed of certain relevant provisions on the use of work equipment and protective equipment.(13) Improving the standards of safety and health of self-employed workers can improve the conditions of competition and competitiveness on a European level.(14) It is also necessary to improve access of self-employed workers to training and information with a view both to improving their own health and safety and that of the persons working at the same workplace.(15) Member States should choose the means they deem to be most appropriate to meet the objectives.(16) This recommendation does not affect existing or future national provisions providing for a higher degree of protection.(17) In the current situation, the Member States are in the best position to take appropriate measures, whereby the Community should also contribute towards achieving the objectives of this recommendation.(18) The proposal was drawn up following consultation with the social partners, in accordance with Article 138(2) and (3) of the EC Treaty, and with the Advisory Committee on Safety, Hygiene and Health Protection at Work,HEREBY RECOMMENDS THAT MEMBER STATES:1. promote, in the context of their policies on preventing occupational accidents and diseases, the safety and health of self-employed workers, while taking account of the special risks existing in specific sectors and the specific nature of the relationship between contracting undertakings and self-employed workers;2. when promoting health and safety for self-employed workers, choose the measures they deem to be most appropriate, such as one or more of the following: legislation, incentives, information campaigns and encouragement of relevant stakeholders;3. take the necessary measures, including awareness-raising campaigns, so that self-employed workers can obtain from the competent services and/or bodies, as well as from their own representative organisations, useful information and advice on the prevention of occupational accidents and diseases;4. take the measures necessary so that self-employed workers can have access to sufficient training to acquire appropriate safety and health skills;5. facilitate easy access to this information and training without involving excessive expense for self-employed workers;6. in accordance with national law and/or practice, allow self-employed workers who so wish to have access to health surveillance appropriate to the risks to which they are exposed;7. in the context of their policies on preventing occupational accidents and diseases, take account of available information on experience in other Member States;8. examine, at the end of a four-year period starting with the adoption of this recommendation, the effectiveness of existing national measures or measures taken subsequent to the adoption of this recommendation and inform the Commission of their findings.Done at Brussels, 18 February 2003.For the CouncilThe PresidentN. Christodoulakis(1) Opinion of 23 October 2002 (not yet published in the Official Journal).(2) OJ C 241, 7.10.2002, p. 139.(3) OJ C 262, 7.10.1995, p. 18.(4) OJ C 205, 25.7.1994, p. 478.(5) Resolution of the EP of 25.2.1999 (A4-0050/1999).(6) OJ L 183, 29.6.1989, p. 1.(7) ILO, Convention 184/2001 of 21.6.2001.(8) OJ L 245, 26.8.1992, p. 6.


Important legal notice

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E1999C0154

Recommendation of the EFTA Surveillance Authority No 154/1999/COL of 2 July 1999 concerning a coordinated programme for the official control of foodstuffs for 1999

Official Journal L 068 , 06/03/2000 P. 0067 - 0079

RECOMMENDATION OF THE EFTA SURVEILLANCE AUTHORITYNo 154/1999/COLof 2 July 1999concerning a coordinated programme for the official control of foodstuffs for 1999THE EFTA SURVEILLANCE AUTHORITY,HAVING REGARD to the EEA Agreement, and in paritiuclar Article 109 and Protocol 1 thereof,HAVING REGARD to the Surveillance and Court Agreement, and in particular Article 5(2)(b) and Protocol 1 thereof,HAVING REGARD to the Act referred to in point 50 of Chapter XII of Annex II to the EEA Agreement on the official control of foodstuffs (Council Directive 89/397/EEC), and in particular Article 14(3) thereof,AFTER CONSULTING the EFTA Foodstuffs Committe assisting the EFTA Surveillance Authority,Whereas it is necessary with a view to the sound operation of the European Economic Area, to arrange for coordinated food inspection programmes within the EEA;Whereas such programmes place emphasis on compliance with the foodstuffs legislation in force under the EEA Agreement, the protection of public health, consumer interests and fair trade practices;Whereas simultaneous implementation of national programmes and coordinated programmes can provide information and experience on which to base future control activities;Whereas Liechtenstein shall comply with the provisions of the acts referred to in Chapter XII of Annex II to the EEA Agreement by 1 January 2000; whereas Liechtenstein was to do its utmost to comply with the provisions of the acts referred to in that Chapter by 1 January 1997; whereas therefore Liechtenstein is included in this Recommendation for 1999;Whereas the European Commission, in its recommendation of 22 December 1998 concerning a coordinated programme for the official control of foodstuffs for 1999, has recommended the Member States of the European Union to apply a corresponding programme,HAS ADOPTED THIS RECOMMENDATION:It is recommended that during 1999 Iceland, Liechtenstein and Norway should take samples and/or carry out inspections, undertaking laboratory analyses for:(a) Ochratoxin A in coffee,(b) Additives in foodstuffs.1. Although sampling rates have not been set, Iceland, Liechtenstein and Norway shoud ensure that the number of samples taken is sufficient to provide an overview of the subject under consideration in each State. Suggestions will be made for the methods of analysis.2. Iceland, Liechtenstein and Norway should provide information as requested following the format of the record sheets provided in the Annex to help enhance the comparability of results.3. Ochratoxin A in coffeeThe aim of this element of the programme is to survey the enforcement actions taken by Iceland, Liechtenstein and Norway when unacceptable amounts of a toxic substance are found for which no specific maximum limit exists. However, according to EEA and national food legislation, food intended for human consumption must be safe and, notably. Article 2 of of the Act referred to in point 54f of Chapter XII of Annex II to the EEA Agreement laying down Community procedures for contaminants in food (Council Regulation (EEC) No 315/93), prohibits the selling of foodstuffs with excessive amounts of contaminants from the public health viewpoint and in particular at a toxicological level.Ochratoxin A is considered to be a potent nephrotoxic agent, a carcinogen and having genotoxic properties. No specific maximum limit for ochratoxin A in coffee has been fixed in the EEA Agreement nor, for most of the EFTA States, at national level.Available scientific data do not clearly indicate the effects of different processes like roasting on the reduction of the ochratoxin contents. Furthermore, raw coffee is sold to a limited extent directly to the consumer. Therefore all types of coffee (raw, roasted, ground, instant, etc,) should be controlled for ochratoxin A contamination.Sampling should be executed following the provisions laid down for the official control of aflatoxins in groundnuts and derived products by Commission Directive 98/53/EC(1).4. Additives in foodstuffsSeveral Directives regulate the use of additives in foodstuffs (Directive 94/35/EC(2), amended by Directive 96/83/EC(3), dealing with the use of sweeteners; 94/36/EC(4), dealing with the use of colours; 95/2/EC(5), amended by Directive 96/85/EC(6), dealing with the use of additives other than coulours and sweeteners).The aim of this element of the programme is to measure how corresponding national legislation to the aforementioned Directives is applied in Iceland, Liechtenstein and Norway; furthermore to survey the enforcement actions taken by these States in case of non-compliance with the legislation.The control should include inspections in food-processing establishments (checking the recipes) and analyses of samples taken from the market or in food-processing establishments.The results of the inspections and of the analyses should be recorded accordingly in the sheets provided in the Annex. These record sheets follow the format of the statistical return forms for the annual inspection programmes of Iceland, Liechtenstein and Norway.The inquiry should focus on a limited number of additives because of practical reasons. As the selection criterion, Iceland, Liechtenstein and Norway should select additives for which exposure assessments, undertaken in Iceland, Liechtenstein and Norway as part of the scientific cooperation, underscore that there are risks of the acceptable daily intake being exceeded.The presented lists should be used as a guideline to select the priority for the present study. Nevertheless other additives may be of particular relevance for Iceland, Liechtenstein and Norway and could be added to the report.As the selection criterion for the categories of products within which these additives are to be sought, the categories presented in the Annex should be selected as they are the main contributors for the intake of the additives under consideration. However, other products are not excluded.Done at Brussels, 2 July 1999.For the EFTA Surveillance AuthorityHANNES HAFSTEINCollege Member(1) OJ L 201, 17.7.1998, p. 93.(2) OJ L 237, 10.9.1994, p. 3.(3) OJ L 48, 19.2.1997, p. 16.(4) OJ L 237, 10.9.1994, p. 13.(5) OJ L 61, 18.3.1995, p. 1.(6) OJ L 86, 28.3.1997, p. 4.ANNEX>PIC FILE= "L_2000068EN.007002.EPS">>PIC FILE= "L_2000068EN.007101.EPS">>PIC FILE= "L_2000068EN.007201.EPS">>PIC FILE= "L_2000068EN.007301.EPS">>PIC FILE= "L_2000068EN.007401.EPS">>PIC FILE= "L_2000068EN.007501.EPS">>PIC FILE= "L_2000068EN.007601.EPS">>PIC FILE= "L_2000068EN.007701.EPS">>PIC FILE= "L_2000068EN.007801.EPS">>PIC FILE= "L_2000068EN.007901.EPS">


title: Recommendation for a Council opinion in accordance with the third paragraph of Art. 5 of Council Regulation (EC) No. 1466/97 of 7 July 1997 on the Updated Stability Programme for Portugal, 2002-2005

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title: Council Recommendation of 17 February 2015 concerning the discharge to be given to the Commission in respect of the implementation of the operations of the European Development Fund (10th EDF) for the financial year 2013

text:
               24.2.2015

               EN

               Official Journal of the European Union

               C 66/3

         COUNCIL RECOMMENDATION
   of 17 February 2015
   concerning the discharge to be given to the Commission in respect of the implementation of the operations of the European Development Fund (10th EDF) for the financial year 2013
   (2015/C 66/03)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to the Partnership Agreement between the members of the African, Caribbean and Pacific Group of States of the one part, and the European Community and its Member States, of the other part, signed in Cotonou on 23 June 2000 (1) and amended by the Agreement signed in Luxembourg on 25 June 2005 (2),
   Having regard to the Internal Agreement between the Representatives of the Governments of the Member States, meeting within the Council, on the financing of Community aid under the multiannual financial framework for the period 2008 to 2013 in accordance with the ACP-EC Partnership Agreement and on the allocation of financial assistance for the Overseas Countries and Territories to which Part Four of the EC Treaty applies (3) (the ‘Internal Agreement’) setting up, amongst others, the 10th European Development Fund (10th EDF), and in particular Article 11(8) thereof,
   Having regard to Council Regulation (EC) No 215/2008 of 18 February 2008 on the Financial Regulation applicable to the 10th European Development Fund (4), and in particular Articles 142 to 144 thereof,
   Having examined the revenue and expenditure account and the balance sheet relating to the operations of the 10th EDF as at 31 December 2013 and the Annual Report of the Court of Auditors on the activities funded by the eighth, ninth and 10th European Development Funds (EDFs) concerning the financial year 2013, together with the Commission’s replies contained in that Annual Report (5),
   Whereas:

               (1)

               Pursuant to Article 11(8) of the Internal Agreement, the discharge for the financial management of the 10th EDF is to be given to the Commission by the European Parliament on the recommendation of the Council.

               (2)

               The overall implementation by the Commission of the operations of the 10th EDF during the financial year 2013 has been satisfactory,

         HEREBY RECOMMENDS that the European Parliament give the Commission a discharge in respect of the implementation of the operations of the 10th EDF for the financial year 2013.

      Done at Brussels, 17 February 2015.

            For the Council

            The President

         J. REIRS

      (1)  OJ L 317, 15.12.2000, p. 3.

      (2)  OJ L 287, 28.10.2005, p. 4.

      (3)  OJ L 247, 9.9.2006, p. 32.

      (4)  OJ L 78, 19.3.2008, p. 1.

      (5)  OJ C 398, 12.11.2014, p. 289.


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		52014DC0405

			Recommendation for a COUNCIL RECOMMENDATION on Denmark’s 2014 national reform programme and delivering a Council opinion on Denmark’s 2014 convergence programme /* COM/2014/0405 final */

Recommendation for a
COUNCIL RECOMMENDATION
on Denmark’s 2014 national reform
programme
and delivering a Council opinion on Denmark’s 2014 convergence programme
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the
Functioning of the European Union, and in particular Articles 121(2) and 148(4)
thereof,
Having regard to Council Regulation (EC) No
1466/97 of 7 July 1997 on the strengthening of the surveillance of budgetary
positions and the surveillance and coordination of economic policies[1], and in particular
Article 9(2) thereof,
Having regard to the recommendation of the
European Commission[2],
Having regard to the resolutions of the
European Parliament[3],
Having regard to the conclusions of the
European Council,
Having regard to the opinion of the
Employment Committee,
Having regard to the opinion of the
Economic and Financial Committee,
Having regard to the opinion of the Social
Protection Committee,
Having regard to the opinion of the
Economic Policy Committee,
Whereas:
(1)
On 26 March 2010, the European Council agreed to
the Commission’s proposal to launch a new strategy for growth and jobs, Europe
2020, based on enhanced coordination of economic policies, which will focus on
the key areas where action is needed to boost Europe’s potential for
sustainable growth and competitiveness.
(2)
On 13 July 2010, the Council, on the basis of
the Commission's proposals, adopted a recommendation on the broad guidelines
for the economic policies of the Member States and the Union (2010 to 2014)
and, on 21 October 2010, adopted a decision on guidelines for the employment
policies of the Member States, which together form the ‘integrated guidelines’.
Member States were invited to take the integrated guidelines into account in
their national economic and employment policies.
(3)
On 29 June 2012, the Heads of State or
Government decided on a Compact for Growth and Jobs, providing a coherent
framework for action at national, EU and euro area levels using all possible
levers, instruments and policies. They decided on action to be taken at the
level of the Member States, in particular expressing full commitment to achieving
the objectives of the Europe 2020 Strategy and to implementing the
country-specific recommendations.
(4)
On 9 July 2013, the Council adopted a recommendation
on Denmark’s national reform programme for 2013 and delivered its opinion on
Denmark’s updated convergence programme for 2013-2016.
(5)
On 13 November 2013, the Commission adopted the
Annual Growth Survey[4],
marking the start of the 2014 European Semester of economic policy
coordination. On the same day on the basis of Regulation (EU) No 1176/2011, the
Commission adopted the Alert Mechanism Report[5],
in which it identified Denmark as one of the Member States for which an
in-depth review would be carried out.
(6)
On 20 December 2013, the European Council
endorsed the priorities for ensuring financial stability, fiscal consolidation
and action to foster growth. It underscored the need to pursue differentiated,
growth-friendly fiscal consolidation, to restore normal lending conditions to
the economy, to promote growth and competitiveness, to tackle unemployment and
the social consequences of the crisis, and to modernise public administration.
(7)
On 5 March 2014, the Commission published the
results of its in-depth review for Denmark[6],
under Article 5 of Regulation (EU) No 1176/2011. The Commission's analysis leads
it to conclude that Denmark's macroeconomic challenges related to private debt
and external competitiveness were no longer identified as imbalances in the sense
of the Macroeconomic Imbalance Procedure. In particular, the adjustment on the
housing market and the implications of high private-sector debt for the real
economy and the stability of the financial sector seem contained. However,
these developments, as well as drivers of external competitiveness, deserve
continued monitoring.
(8)
On 15 April 2014, Denmark submitted its 2014
convergence programme and its 2014 national reform programme. In order to take
account of their interlinkages, the two programmes have been assessed at the
same time.
(9)
The objective of the budgetary strategy outlined
in the 2014 Convergence Programme is to ensure the sustainability of the correction
of the excessive deficit and to maintain the structural budget balance at or
above the medium-term objective. The medium-term objective, at -0.5% of GDP,
reflects the requirements of the Stability and Growth Pact. Denmark's general
government deficit has been sustainably brought below 3% of GDP in 2013. The
programme targets a general government headline deficit of 1.3% of GDP in 2014
and 2.9% in 2015, which is consistent with a (recalculated) structural balance
at or above the medium-term objective. Overall, the budgetary strategy outlined
in the programme is in line with the requirements of the Stability and Growth
Pact. The debt level, at 44.5% of GDP in 2013, is planned to temporarily
increase in 2015 and to decline thereafter. The macroeconomic scenario
underpinning the budgetary projections in the programme is plausible. The
scenario projects GDP growth at 1.6% in 2014 and 1.9% in 2015 and is broadly in
line with the Commission 2014 spring forecast of 1.5% and 1.9%. Based on the
assessment of the 2014 Convergence Programme and the Commission forecast,
pursuant to Council Regulation (EC) No 1466/97, the Council is of the opinion
that Denmark's public finances are sound and the Convergence Programme's
objective can be expected to be achieved.
(10)
Denmark has not yet made enough progress on
addressing the situation for groups at the margins of the labour market as well
as advancing the cost-effectiveness of the education system. The reform of
disability pensions and flex-jobs has begun to show results, the cash benefit
reform has entered into force, a sickness benefit reform has been agreed and the
government launched a reform proposal for active labour market policies in
April. Challenges remain so as to ensure a sufficient number of apprenticeships
and enhance the quality and image of this type of learning, upgrade vocational
education and training systems and address high rates of school drop-outs. Due
to the early stage of implementation of the reforms, the full effect remains
yet to be seen. Regarding vocational education and training, a reform agreement
was reached in February 2014 and is expected to come into force in mid-2015, with
a view to improving the quality of vocational education and training through a
wide range of initiatives.
(11)
Reinvigorating productivity remains a challenge
for the Danish economy. The European Commission’s
assessment is broadly in line with the Productivity Commission’s findings. In
April 2014, the Productivity Commission published 25
main recommendations and more than 100 concrete proposals within areas such as competition, public procurement, education, internationalisation,
innovation, taxation and infrastructure. The problem of tackling the challenge
of low productivity growth will be addressed by the implementation of the
Productivity Commission’s recommendations.
(12)
In the context of the European Semester, the
Commission has carried out a comprehensive analysis of Denmark's economic
policy. It has assessed the convergence programme and the national reform
programme. It has taken into account not only their relevance for sustainable
fiscal and socio-economic policy in Denmark but also their compliance with EU
rules and guidance, given the need to reinforce the overall economic governance
of the European Union by providing EU-level input into future national
decisions. Its recommendations under the European Semester are
reflected in recommendations (1) to (3) below.
(13)
In the light of this assessment, the Council has
examined Denmark’s convergence programme, and its opinion[7] is reflected in
particular in recommendation (1) below.
HEREBY RECOMMENDS that Denmark take
action within the period 2014-2015 to:
1.
Following the correction of the excessive
deficit, continue to pursue a growth-friendly fiscal policy and preserve a
sound fiscal position, ensuring that the medium-term budgetary objective
continues to be adhered to throughout the period covered by the Convergence
Programme.
2.
Take further measures to improve the
employability of people at the margins of the labour market. Improve
educational outcomes, in particular for young people with a migrant background,
and the effectiveness of vocational training. Facilitate the transition from
education to the labour market, including through a wider use of work-based
training and apprenticeships.
3.
Increase efforts to remove barriers to entry and
reduce regulatory burden with a view to increasing competition in the domestic
services sector, in particular in retail and construction, as recommended by
the Productivity Commission.
Done at Brussels,
                                                                       For
the Council
                                                                       The
President
[1]               OJ L 209, 2.8.1997, p. 1.
[2]               COM(2014) 405 final.
[3]               P7_TA(2014)0128 and P7_TA(2014)0129.
[4]               COM(2013) 800 final.
[5]               COM(2013) 790 final.
[6]               SWD(2014) 77 final.
[7]               .               Under Article 9(2) of Council Regulation
(EC) No 1466/97.