title: RECOMMENDATION OF COUNCIL REGULATION (EEC) ON THE CONCLUSION OF AN AGREEMENT IN THE FORM OF AN EXCHANGE OF LETTERS BETWEEN THE EUROPEAN ECONOMIC COMMUNITY AND THE PORTUGUESE REPUBLIC REGARDING PREPARED OR PRESERVED TOMATOES FALLING WITHIN SUBHEADING 20.02 C OF THE COMMON CUSTOMS TARIFF. (Submitted by the Commission to the Council)

text:
ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (78) 567
Vol. 1978/0220
 ---pagebreak--- Disclaimer
Conformément au règlement (CEE, Euratom) n° 354/83 du Conseil du 1er février 1983
concernant l'ouverture au public des archives historiques de la Communauté économique
européenne et de la Communauté européenne de l'énergie atomique (JO L 43 du 15.2.1983,
p. 1), tel que modifié par le règlement (CE, Euratom) n° 1700/2003 du 22 septembre 2003
(JO L 243 du 27.9.2003, p. 1), ce dossier est ouvert au public. Le cas échéant, les documents
classifiés présents dans ce dossier ont été déclassifiés conformément à l'article 5 dudit
règlement.
In accordance with Council Regulation (EEC, Euratom) No 354/83 of 1 February 1983
concerning the opening to the public of the historical archives of the European Economic
Community and the European Atomic Energy Community (OJ L 43, 15.2.1983, p. 1), as
amended by Regulation (EC, Euratom) No 1700/2003 of 22 September 2003 (OJ L 243,
27.9.2003, p. 1), this file is open to the public. Where necessary, classified documents in this
file have been declassified in conformity with Article 5 of the aforementioned regulation.
In Übereinstimmung mit der Verordnung (EWG, Euratom) Nr. 354/83 des Rates vom 1.
Februar 1983 über die Freigabe der historischen Archive der Europäischen
Wirtschaftsgemeinschaft und der Europäischen Atomgemeinschaft (ABI. L 43 vom 15.2.1983,
S. 1), geändert durch die Verordnung (EG, Euratom) Nr. 1700/2003 vom 22. September 2003
(ABI. L 243 vom 27.9.2003, S. 1), ist diese Datei der Öffentlichkeit zugänglich. Soweit
erforderlich, wurden die Verschlusssachen in dieser Datei in Übereinstimmung mit Artikel 5
der genannten Verordnung freigegeben.
 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                          COM ( 78 ) 567 final
                                          Brussels , 30 October 1978
                   RECOMMENDATION OF COUNCIL REGULATION (EEC )
              ON THE CONCLUSION OP AN AGREEMENT IN THE FORM OF AN
              EXCHANGE OF LETTERS BETWEEN THE EUROPEAN ECONOMIC
              COMMUNITY AND THE PORTUGUESE REPUBLIC REGARDING PRE
              PARED OR PRESERVED TOMATOES FALLING WITHIN SUBHEADING
                    20.02 C OF THE COMMON CUSTOMS TARIFF .
                 ( Submitted "by the Commission to the Council )
                                                                   S
                                      " :   •' c        'X
                                                        V-' A
   CCM ( 78 ) 567 final
 ---pagebreak---                    EXPLANATORY MEMORANDUM
        The purpose of the exchange of letters annexed to the
draft Regulation is to confirm , for 1979 , the voluntary restraint
volume agreed with Portugal for the current year .
 ---pagebreak---               COUNCIL REGULATION ( EEC ) N°      / 78
                       OF
                on the conclusion of an Agreement
             in the form of an exchange of Letters
            between the European Economic Community
                   and the Portuguese Republic
       regarding prepared or preserved tomatoes falling
                    within subheading 20.02 C  !
                  of the Common Customs Tariff
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,                                  _
Having regard to the Treaty establishing the European Economic Community ,
and in particular Article 113 thereof .
Having regard to the.recommendation from the Commission-
              4
Whereas it is necessary to conclude the Agreement in the form of an exchange
 of letters between the European Economic Community and the Portuguese Republ
 regarding prepared or preserved tomatoes falling within subheading 20.02 C.
 of the Common Customs Tariff ,
HAS ADOPTED THIS REGULATION :
 ---pagebreak---                           Article 1
        The Agreement in the form of an exchange of Letters between the
European Economic Community and the Portuguese Republic regarding prepared
or preserved tomatoes falling within subheading 20.02 C of the -Common Customs
Tariff is hereby approved on behalf of the Community .
        The text of the Agreement is annexed to this Regulation .
                          Artide 2                                     v
        The President of the Council is hereby authorized to
person empowered to sign the Agreement for the purpose of binding the
 Community .
                          Article 3
          This Regulation shall enter into force on : the day following that
of its publication in the Official Journal of the European Communities .
                          This Regulation shall be binding in its entirety
                          and directly applicable in all Member States
                                       Done at Brussels-
                                              For the Counci l
                                               The Président
 ---pagebreak---                     AGREEMENT
     IN THE  FORM OF AN EXCHANGE OF LETTERS
    BETWEEN THE EUROPEAN ECONOMIC  COMMUNITY
          AND THE PORTUGUESE REPUBLIC
REGARDING PREPARED OR PRESERVED TOMATOES  FALLING
            WITHIN SUBHEADING 20.02 C
          OF THE COMMON CUSTOMS TARIFF
 ---pagebreak---                      LETTER No 1
                                                      Λ
                                Brussels ,
Sir .
         I have the honour to refer to Article 3 of Protocol No 8
to the Agreement between the European Economic Community and the
Portuguese Republic signed on 22 July 1972 , and -to the
Exchange of letters of 5 December 1975 .
         I have the honour to inform you that for 1979 the Community
is ready to renew the volume agreed for the preceding year .   Under
these conditions the Portuguese Government undertakes to adopt the
necessary measures in order that the quantities of tomatoes
      prepared or preserved otherwise than by vinegar or acetic acid
falling within subheading 20.02 C of the Common Customs Tariff and
 supplied to the Community in 1979 do not exceed 90.000 tonnes .
         I should be grateful if you would .       confirm the agreement
                      ν
of your Government with the contents of this letter .
         Please accept , Sir                the assurance of my highest
 consideration .
                            On behalf of the Council
                           of the European Communities
 ---pagebreak---                       LETTER No 2
                                 Brussels-
 Sir ,
         I have the honour to acknowledge receipt of your letter of
today 's date worded as follows :
         " I have the honour to refer to Article 3 of Protocol No 8
to the Agreement between the European Economic Community and the
Portuguese Republic signed on 22 July 1972 , as well as to the exchange
of letters of 5 December 1975 .
         I have the honour to inform you that fot 1979 the Community
is ready to renew the agreed volume for the preceding year . Under
thses conditions , the Portuguese Government undertakes to adopt the
necessary measures in order that the quantities of tomatoes that have
been prepared or preserved otherwise than by vinegar or acetic acid
falling within subheading 20.02 C of the Common Customs Tariff supplied
            *
to the Community in 1979 do not exceed 90.000 tonnes ,
          I should be grateful if you would kindly confirm the agreement
of your Government with the contents of this letter . "
          I have the honour to confirm ; the agreement of my Government
with the contents of the above letter .
          Please accept , Sir                the assurance of my highest
 consideration .
                                  For the Government
                              of the Portuguese Republic


title: RECOMMENDATION FOR A COUNCIL REGULATION concluding an Agreement between the European Economic Community and the Republic of India on Trade and Commercial Cooperation in Jute Products (submitted to the Council by the Commission)

text:
ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (76) 706
Vol. 1976/0209
 ---pagebreak--- Disclaimer
Conformément au règlement (CEE, Euratom) n° 354/83 du Conseil du 1er février 1983
concernant l'ouverture au public des archives historiques de la Communauté économique
européenne et de la Communauté européenne de l'énergie atomique (JO L 43 du 15.2.1983,
p. 1), tel que modifié par le règlement (CE, Euratom) n° 1700/2003 du 22 septembre 2003
(JO L 243 du 27.9.2003, p. 1), ce dossier est ouvert au public. Le cas échéant, les documents
classifiés présents dans ce dossier ont été déclassifiés conformément à l'article 5 dudit
règlement.
In accordance with Council Regulation (EEC, Euratom) No 354/83 of 1 February 1983
concerning the opening to the public of the historical archives of the European Economic
Community and the European Atomic Energy Community (OJ L 43, 15.2.1983, p. 1), as
amended by Regulation (EC, Euratom) No 1700/2003 of 22 September 2003 (OJ L 243,
27.9.2003, p. 1), this file is open to the public. Where necessary, classified documents in this
file have been declassified in conformity with Article 5 of the aforementioned regulation.
In Übereinstimmung mit der Verordnung (EWG, Euratom) Nr. 354/83 des Rates vom 1.
Februar 1983 über die Freigabe der historischen Archive der Europäischen
Wirtschaftsgemeinschaft und der Europäischen Atomgemeinschaft (ABI. L 43 vom 15.2.1983,
S. 1), geändert durch die Verordnung (EG, Euratom) Nr. 1700/2003 vom 22. September 2003
(ABI. L 243 vom 27.9.2003, S. 1), ist diese Datei der Öffentlichkeit zugänglich. Soweit
erforderlich, wurden die Verschlusssachen in dieser Datei in Übereinstimmung mit Artikel 5
der genannten Verordnung freigegeben.
 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                       COM(76)706 final.
                                       Brussels . 23 December 1976*
                 RECOMMENDATION FOR A COUNCIL REGULATION
            concluding an Agreement between the European Economic
            Community and the Republic of India on Trade and
            Commercial Cooperation in Jute Products
           ( submitted t» the Council by the Commission)
 CCM(76) 706 final .
 ---pagebreak---                           EXPLANATORY 1OM0RANIXJM
1 . By a decision of 20 January 1976 "the Council authorized the
Commission to open negotiations with India for the conclusion of
an Agreement on trade in jut© products .
2 . Pursuant to this decision and in consultation with the Article 113
Committee , the Commission held negotiations with India on
1 , 2 , 5 and 6 April and from 28 June to 1 July 1976 .
3 . Following these negotiations a draft Agreement was drawn up,
the main provisions of which are as follows :
      (i ) India will continue voluntarily to restrict its exports to
            the Community of certain jute fabrics to agreed levels
             (categories 4 » 5 and 7 ) 5                                   v
     (ii ) the establishment of a consultation procedure in respect of
            jute fibres (category 6 )* which are not subject to import
            restrictions , to enable such restrictions to be introduced
            under certain conditions ;
   (iii ) provisions to ensure flexibility in the quantitative limits
            fixed (carryover , advance delivery and transfer);
     (iv) continuation of a programme of progressive suspension of
            CCT duties which the Community is carrying out as part of
             its offer regarding generalized tariff preferences for
            the products in question ( the duty which is currently
             reduced by 50$ or 60$ will be reduced by 80$ on
             1 January 1977 and by 100% (total exemption) on 1 July 1978 .
             In the case of jute fibres , however , duties will be
             suspended entirely on 1 January 1977j and the total exemption
             already in force in the United Kingdom and Denmark will
             continue to be applied .
       (v) assurances by India that it will provide on non-discriminatory
             terms the jute products necessary to supply the Community
             market and industry ?
      (vi ) definition of the terms of reference of the Joint Cooperation
              Committee with a view , inter alia , to examining the
              possibilities and formulating suggestions regarding research
              and development cooperation in the production and use of the
              products in question .
  After establishing that the draft Agreement conformed with the outcome of
  the negotiations , the Heads of Delegation initialled the text on 2 July 1976®
  4 . The Commission considers the draft Agreement in question an acceptable
   result for the Communityo It recommends that the Council conclude this
  Agreement by adopting the regulation of which a draft is annexed hereto .
   A
     An earlier Agreement concluded between the Community and India
     ( cf . OJ L 82 , 24 March 1974 ) on the same products expired on
     31 December 1975®
 ---pagebreak--- An. Exchange of Uotes Yerbales in which the two parties have agreed
to the de facto application of the provisions of the Agreement pending
the completion of the procedures necessary to its formal entry into
force is also annexed .
 ---pagebreak---              RMJOMMENDAH OH FOR A COUNCIL REGULATION
       oonc luding an Agreement "between the European Economic
       Community and the Republic of India on Trade and
       Commercial Cooperation in Jute Products
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,
Having regard to the Treaty establishing the European Economic
Community , and in particular Article 113 thereof ,
Having regard to the Recommendation from the Commission ,
Whereas the Agreement on Trade and Commercial Cooperation in Jute
Products negotiated between the European Economic Community and the
Republic of India should be concluded ,
HAS ADOPTED THIS REGULATION :
                           Article 1
The Agreement between the European Economic Community and the
Republic of India on Trade and Commercial Cooperation in Jute
Products , the text of which is annexed hereto , is hereby concluded
on behalf of the European Economic Community »
                           Article 2
The President of the Council shall notify the other Contracting
Party of the completion by the Community of the procedures
necessary for the entry into force of the Agreement .
                           Article 3
This Regulation shall enter into force on the third day following
its publication in th® Official Journal of the European Communities «
Done at Brussels ,
                                           For the Council
                                           The President
 ---pagebreak---                                Α α. Β Ε Ε Μ Ε Ν Τ
             the Earop.'sas Ee@ao®ic CoBaiunity a&d th« Bepufelie ®f IM1&
   ©a trad® ®a&                ©©operation in Jut® product®
   THE COUNCIL OF THE X730FZAM COMMUNITIES ,
                                                    oz the ena part ,
   and
   fl$ GOVERNMENT 07 TEE REPUBLIC Of INDIA
                                                    of the other part ,
          DESIROUS ©f ©nsurlag an increasing use of jute products &nd
    the orderly development of trade la these product® between the
    European Economic Comsarasity, hereinafter referred to as "t&®
    Cosraranity^ sad India?
          EAVTF8 SEG&HD to the Commercial Cooperation Agreement batwaan
    the Republic of India md the Comrmmity,
          NOTXFS the Joint Declaration of Intent on the development of
    xrade relations with Ceyloa (now Sxi Lanka), India, Malaysia,, Pakistan
    (now Bangladesh and Pakistan) end Singapore , annexed to - the Pinal
    Act of the Treaty of Accession of the Kingdom of Denmark, Ireland, the Eixy
    dose of Norway md the United Kingdom of Great Britain and F©rth®:w®,
    Ireland to the EarepeM Eeoaomio Commaity and the Baropaaa Atcaio
    Energy Community, of 22 January 1972 ,
          COJSSCIOOS of the provisions ©f the General Agreement on Tariffs
    and Trade ,
          BELIEYIHG that it is necessary to encourage and facilitate
    contacts end cooperation between their respective jute intareeta,
           STRESSING tha aead for promoting cooperation is raeearoh and
     development in the jut a aactor,
           HAVE DB0IPED, in & spirit et rnrtual eo?pera*i9nv *o oflnolvd#
     this A^r«3JT-enta                                               //
\C                                                                 <      . τ
 ---pagebreak---                          Article 1
       This Agreement shall apply to manufactured jute products ,
originating in and coming from India , as defined in Annex A ,
 ---pagebreak---                            Article 2
       for the duration of this Agreement and vithin the framework
of its offer on generalized tariff preferences , the Community shall
apply autonomously to manufactured jute products originating in
and coming from India , the duties of the Common Customs Tariff sus
pended ia accordance with the rate® and timetable set out in Annex B.
 ---pagebreak---                             Art-iole 3
1.     The Community shall not subject imports of products defined
under Article 1 to new quantitative restrictions .
2.     As a first step in the direction of eliminating in stages re
maining quantitative restrictions * the Community shall suspend the
existing quantitative restrictions on the imports of the products
defined in Annex C provided that the Government of India applies
such measures as are necessary to keep its exports within the quanti
tative limits set out in this Annex .
3.     If additional demand should arise on the Community market ,
Community will not object     the^se quantitative limits being in
creased on the understanding that the additional quantities shall
be determined on the basis of mutual agreement between both Parties *
Jf .   Quantities of the quota shares set out in Annex C not taken up
by a Member State of the Community may be used in another Member State ,
within the limits and in accordance with the procedures in force in
the Community . The Community undertakes to reply to any request for
M-allocation made by India within four weeks of its receipt .
                                                           /
 ---pagebreak---                            Article H
       The Community shall not eubject imports of jute yarn to quan
titative restrictions . However , the Community may , when in its view
the conditions prevailing in the Community or in any of its markets
are such that a limitation on further trade may be necessary , request
consultations with India , provided that the level of imports into
such region of the Community market has exceeded the indicative level
indicated in Annex E, and provided further that the request for such
consultations is accompanied , within a reasonable period of time ,
by a statement of the market conditions in the Community or in the
region of the Community concerned . Until such time as a mutually
satisfactory solution has been reached , India undertakes , if so re
quested by the Community, to limit the issue of export licences for
jute yarn to the Community, or to the region or regions of the Commu
nity market concerned, at the level* indicated by the Community.
                                                             L,
 ---pagebreak---                             Article 5
 1.     Imports into the Community of jute products covered by this
Agreement which are intended for immediate re-export from the Com
munity or for processing and subsequent re-export outside the Com
munity shall not be subject to the quantitative limits established
by this Agreement . The Community authorities shall ascertain , under
the administrative system of control in force for this purpose
within the Community , the quantities of jute products imported from
India which are immediately re–exported or processed and subsequently
re-exported from the Community , and inforn the Indiana, authorities
thereof *
2.      In any case where the competent authorities within the Commu
nity ascertain under the administrative system of eontrol in force
that imports of ju-te products covered by this Agreement have been
charged against the ceilings established under this Agreement but
have subsequently been re-exported from the Community , the authorities
concerned will inform the Indien authorities of the quantities in
volved and will authorise imports of the same quantities which shall
not be charged against the ceilings fixed by the Agreements
                           the
3.      In any case , where Community authorities ascertain that the
imports referred to in paragraph 1 have been retained for consumption
within the Community , the latter will notify the Government of India
 on a quarterly basis of the amounts involved .. In such cases the Govern
 ment of India shall ? at the request of the Community , charge such
 amounts against th® quantitative liait or limits in question for the
'current year*                                                A
 ---pagebreak---                           Article 6
1„     Within any on© Agreement year , the unused portions of one of
the quantitative limits established under this agreement in respect
of any region of the Community Market may be transferred to another
quantitative limit established for the same region ©f the Community
market as follows
       from the category h/3 to the category 7 , and vice- versa
       provided that the quantities involved do not exceed 20 %
       of the quantitative limit to which they are transferred .
2.     Unused quantities , not exceeding 10 % of one annual ceiling ,
may be carried over and added to the ceiling for the following year#
3»     Each annual ceiling may be exceeded , up to a limit of 10 % of
its total , in anticipation of the ceiling for the following year-
if .   The above flexibility provisions must not , in any single given
Agreement year , result in any ceiling being exceeded by more than 2Q %,
5.      The provisions of the preceding paragraphs shall only be applied
by India following written notification to the Community by the Indians
authorities .
 \Λ
 ---pagebreak---                           Article 7
1.      The agreed quantitative limits shall be administered using
a system of double checking the details of which are set out in
Annex D , subject to such changes as may be mutually agreed upon
in the Joint Cooperation Comittee set up in Article 10 .
2.      India undertakes to inform the Community , on a quarterly basis
of the total quantities covered by export authorisations issued by
the Indian authorities for all the jute products referred to in Ar
ticle 3 and , where appropriate , in Article
3.      Similarly the Community will inform the Indian authorities ,
on a quarterly basis , of the total volume of imports into the Community
p£-^the products in question*                               Ij
 ---pagebreak---                            Arti©!® 8
     1 , The implementation of this Agreement shall not disrupt the
normal trad® ch &nsi®!® between India s_ad the Community .
     £. Should one of the Parties inform the other that special diffi
culties hare arisen in this connection , the two Parties shall consult
each other , within the framework of the Joint Cooperation CJitttt8e t
in order to determine the measure® neeessary to remedy th® situation®
 ---pagebreak---                             Article 9
         Without prejudice to the policies of the Government of India
concerning the regulation of its exports according to the production
situation and the external demand for the above mentioned products ,
India undertakes to take appropriate steps to ensure that the needs
of the Community market and industries are met in a nondiscriminatory
manner .
 ---pagebreak---                                 Article 10
<j ,       A Joint Cooperation Committee shall b© set up and entrusted
with the following tasks ?
           » to arrange consultations promptly at the request of either
              Party on any matter concerning thj@& trade    jut® products
              in a spirit of cooperation ?
           - to examine any problem which may arise as a result of the
              implementation of this Agreement , including the perspectives
              in the light of the economic situation in the Community' a
              jute sector , for the elimination in stages of quantitative
              restrictions ;
              to examine ways and means of increasing and diversifying
              the end-uses of jute products , including studies of the
              experience of other markets in this regard ?
           - to investigate possibilities , and formulate suggestions for ,
              cooperation in regard to research into and development of ,
              the production and use® of jute products ;
            - to develop contacts between , and facilitate joint projects
              and programmes mutually agreed upon by , representatives
              of the jute trade and industries of both India and the
              Community .
 Z»         The Joint Cooperation Committee shall be composed of repre
 sentatives of the Republic of India and the Community,
 3»         The Joint Cooperation Committee shall be convened y§t|&n the
 request of either Contracting Party and , in any case , at least once
     y®ar -                                                   /}
 ---pagebreak---                             Article 11
         This Agreement shall enter into force on the first day of
  the month following the date on which the Parties notify each other
  that the procedures necessary for this purpose hare been completed ,
  and shall apply from 1 January 1976 . It shall remain in force until
  31 December 1979 *                                       $
<\37
 ---pagebreak---                   Article 12
Th« Annexes form &a Integral part of this Agreement ,
 ---pagebreak---                               Article 13
           This Agreement has been drawn up in two copies in the Danish ,
   Dutch , English , French , German , Italian and Hindi languages , each
   text being authentic .
 , Cone at                                   on the       j
,\y                                                      h
 ---pagebreak---                                                        MSE3C A
                                                      («■Mneuaar^iyMWSwan»
         Definition of categories of jut© products covered by Article 1
Category    1        Jute fabrics weighing mors than 50® g/w2 and of a
                     width of not more than 150 cm , and jut© bags of
                     fabric weighing more than 500 g/m2 .
Category    2        Jute fabrics weighing not less than 310 g/m2 "but not
                     more than 500 g/m2 , and of a width of not more than 150 cm ,
                     and jut© bags of fabrics weigMng not less than 310 g/m2
                     "but not more than 500 g/m2 .
Category    3         Jute fabrics weighing less than 310 g/m2 and of width of
                     not more than 150 cm f and jute bags of fabric weighing
                      less than 310 g/m2 .
Category    4         Jut® fabrics of a width of more than 150 cm bat not more
                      than 230 cm, irrespective of their weight per m2 f other
                      than those referred to in category 7 *
Category     5        Jute fabrics of a width of more than 230 cm, irrespective
                      of their weight per ®2 t other than those referred tc in
                      category 7®
 Category    6        Jute yarn^s
 Category    7         Jute fabrics ( T ) , bleached , dyed or printed , either who
                      or in part ,, of a." width       more than 150 «cm»ir «espectiv
                       their weight per m2 »
( 1 ) With no patent selvecgaa at any internal throughout <>,>«,/© 0 ®
      the width of the cloth                                               i
 ---pagebreak---                       9
                             Tariff ffospension& cew®y©& 'by As-tiel® 2
CCT Heading                                 -1 .  ,       , Pate of redaction to be
   N®                          Description of goods                a . 1.1.1977 - 1.7.12?8
        Yam of jute or of other textile "bast                            100 >     ~
           fibres of heading Ko 57*03
        Woven fabrics of jute or of other textile
           "bast fibres of heading No 57«03
            A. Of a width of not more thaa 150 cm
                and weighing per m2
                I.      Less than 310 g                                   80 %       100^
                II. Not less than 310 g But not mom              _        %(%        100,
                        than 5°0 g
                III . More than $00 g                                     8c$fo      100£
            £. Of * width of more than, 150 em                            BC&          100%
         S&tfks and bags of a kind used for the packing
            of goods
            A. Of jute or of other textil® 'feast fibres
                 of heading Ho 57® 03
                 II .    Other
                         (a) Of fabrics weighing less thaa
                              310 g/rs2                                   BO$   '     100 £
                         (b) Of fabric weighing not lees
                              thnn 210 g/ra2 but not sore than
                              500 g/r.2                                    "         "
                         (c ) Of fabric weiring aore than.
                              500 g/z2                                      "        w
    Ί
              7r.e Coaarunity hereby undertakes to continue to suspend customs duties or.
              ic^orts of packaginc materials , in aceordarxe with the provisions ©f th®
              Custoas C©as,v®ati©3& on teaporaarar impart® @f paoki'Ag
                                                                                L         β β Φ/ β © Ο
 ---pagebreak---                                                                                ANNEX C
      Products for which India wi It exercise restraint towards the Community
      from the entry into force of this Agreement .
      The Community hereby notifies India that the quantitative limits for the jute
      products mentioned below will fee allocated between the Member States as follows
      Categories 4/ 5                                                   Quantitative limits                 (Metric tons )
        Member
                                        1976                                                   197®
         State
                                                                                197?
                                                                                |       1979
         BWL                      k.5k7                                       4*569          4.592              4.615
         DK      !                         696                                   698             701               705
                 I
         F
                 j                         825                                   940          1.083             1c 224
        FRG                        1.820                                       2.058          2.332             2.607
         IR1                                500                                  700              800           1.000
                                            3^8                                  402              462               437
         I
          UK                         1.450                                     1.600          1.800             1 . V90
               1
         EEC                    10.186                                        10.967        1 1 . 770          12.628
               |
               I
                   TfflnMBrri ii H i I ttìiihii I 11 HUiiiiirFiBfflTTrB
, ν /
/
 7                                                                                L,
 ---pagebreak---                                                              ANNEX C
                                                             P- 2
Products for which India wilt exercise restraint towards the Community from
the entry into force of this Agreement-
The Community hereby notifies India that the quantitative limits for the jute
products mentioned below will be allocated between the Member States as follows
Category 7               Quantitative limits                     ( Metric tons )
 Member
                 1976               1977             1978               1979
  State  •
    BNL           586                589              592                595
    DK            17 *               175              176                m
    F             185                205               227               $51
  FRG             * 55               490              530                571
    IR1            100               MO               170                200
                    93                                108
                                      97                                 117
    UK             350               3 90              430               4 80
    EEC
                1.943               2,086           2.2 33            2,391
 ---pagebreak---                                                                             Α Ν Μ £ Χ    0
                      Syafcea of doubl© ehacking deferred to in Article f
  I.a tbi» Community, the complect auhtorities shall accept , without delay,
  imports of products listed in Article 3 of this Agreement upon producti 025
  of the importer 's request together with the original copy of tha export
  permit ( l )»
  'Fee competet Indian authorities naiwll issue export permits for all the
  products listed in Arsicle 3 of this Agreement within the quantitative- limits set
 out in inneac C ( and in any case where the 'provisions of article 4- bare been inv«kd&) 9
  The export permit must mention ?
  ( a) the destination, ( relevant Momber State)
  (h )       the sériai number ,
  ( c)       the name and address of the importer ,,
  ( d)       the name and address of the exporter ,
  (e)        the net weight ( in kilogrammes or metric tons ) and the value t
  (f )     the category and the classification of the products ,
  ( g)      'the certification issued "by the authorities stating that the quantity has "been d<
            lilted against the agreed quantitative limits for export to the Community
             ( relevant Member State ) or , where appropriated is for immediate re-eaporfc
             or for inward processing and subsequent re-export outside the Community *
 In the Community, the oompeteat authorities shall accept , within reasonable
 limits , differences between the weight as stated in the export permit and the
 cargo weight or the imported weight® The competent Indian authorities shall
 however endeavour to reduce such discrepancies to a minimum*
 The competent Indian authorities shall notify the competent authorities in
 t-he Community of ©ay withdrawal , or part withdrawal , of an export permit * Thai
 latter shall , within the context of the administrative regulations governing
 snofa matters j take appropriate steps*
 The competent Indian authorities ehall forward every . three months to '.he com
   petent authorities in the Community , tfia the Commission , a summary ov the
   export permits issued . These summaries shall, state , for eve »*y at&yyy of
   product , the ret we'ght tn -metric tuns of t-he authorized exports , . their as
   signment to the various cei lints a.-»d . the Member - States of the Community to
   tfbich the goods Jiav.® been cor.sig'ne-J.      '         -   •      • - « - , ".* '~'v
   The competent Community authoi ities shall forward every three montr-s to the
   competent author ities - in India , via the Mission of India to the European
   Economic Community iri Brussels a summary of the most recant figures avai labte
   for imports of products covered by this Agreement .
   f i ";, wh»re import licences are required -under the regulation in fores in one
            or j?iher Vembtf S&ate ^ - such licences shall -be issued automatically or,
            de»ar,ti> within a Hmi teii dumber of eays »                           fl
■}                                                                                /
 ---pagebreak---                                                      AüNEX £
  Indicative levels for tag imports of .jute yarn with reference
  to article 4 of the Agreement
                                                  Metric tons
               Bénélux                                  640
               United Kingdom                           240
   r
                                                       I
J
 ---pagebreak---                                                              ANNEX  F
                           JOINT DECLARATION
        The Contracting Parties agree to make a special
 effort to fulfil the tasks set out in Article 10 of the
 Agreement .   To this end they will :
    a ) encourage and facilitate contacts between Indian
        and Community jute interests , in particular
        through
          - annual review and monitoring meetings
              between the industrial and commercial
              interests of the two sides ;;
           - exchange of delegations ;
              the formulation and execution of joint
              promotion and publicity campaigns 5
    b ) examine the possibility of providing support
        for any programmes or projects jointly recommended
        by the jute interests of the two sides as likely
        to be of mutual benefit to these interests ;
    c ) to consider modalities          to facilitate  . contacts and
        cooperation between the Indian Jute Industries Research
        Association and int erest ed European research. institutes    and
         examine - the possibility " of providing support for any
    \   specific projects jointly drawn up or recommended by thc-5 .
    V
                                                               c
j\y


				|

		52012DC0760

			RECOMMENDATION FROM THE COMMISSION TO THE COUNCIL on the renewal of the Agreement between the European Atomic Energy Community (Euratom) and the Korean Peninsula Energy Development Organisation (KEDO) /* COM/2012/0760 final */

			   	RECOMMENDATION FROM THE COMMISSION TO
THE COUNCIL
on the renewal of the Agreement between
the European Atomic Energy Community (Euratom) and the Korean Peninsula Energy Development Organisation (KEDO)
1.           Introduction
The Euratom Community has been a full
member of the Korean Peninsula Energy Organisation (KEDO) since 1997. The main
objective of KEDO was the provision of two nuclear light water reactors to the
DPRK (Democratic People's Republic of Korea - North Korea), as part of
international non-proliferation efforts on the Korean Peninsula. As a result of
the DPRK’s failure to implement its non-proliferation obligations, the
operative activities of KEDO were terminated and the 12 year old secretariat
closed on 31 May 2007. In spite of this KEDO's Executive Board decided not to
terminate the organisation immediately, but to maintain it in the form of an
empty shell (as a pure skeleton, with a secretariat employed on a temporary
basis) in order to allow it to defend its financial and legal interest and those
of its four members represented in the Executive Board (Euratom, Japan, South
Korea and the USA).
Initially it was estimated that a final
settlement of these legal and financial issues could be achieved by 31 May
2012. Therefore the Community’s membership was to last until that date under
the latest Euratom-KEDO Agreement. However since KEDO needs more time to
finalise its outstanding issues, continued protection of the Community
interests requires conclusion of a new Agreement between Euratom and KEDO. To
that end, the Commission submitted to the Council on 22 March 2012 a
Recommendation for a Council Decision authorising the Commission to negotiate
the renewal of the Euratom-KEDO Agreement. The Council issued the negotiating
directives on 2 May 2012.
2.           Negotiations
On the basis of the text proposed by the
Commission services, following the Council's negotiating directives, an ad
referendum agreement has now been reached with KEDO on the attached text for renewal
of the Agreement between the European Atomic Energy Community (Euratom) and the
Korean Peninsula Energy Development Organisation (KEDO). In the opinion of the Commission
services, this text includes all the negotiating directives.
3.           Conclusion
The Commission considers that the renewal
of the Agreement between the European Atomic Energy Community (Euratom) and the
Korean Peninsula Energy Development Organisation (KEDO), the adoption of which
is proposed, is in conformity with the negotiating directives issued by the
Council on 2 May 2012.
The Commission therefore recommends to the
Council to approve, pursuant to the second paragraph of Article 101 of the
Treaty establishing the European Atomic Energy Community, the renewal of the
Agreement between the European Atomic Energy Community (Euratom) and the Korean
Peninsula Energy Development Organisation (KEDO) in Annex.
ANNEX
AGREEMENT BETWEEN THE
EUROPEAN ATOMIC ENERGY COMMUNITY AND THE KOREAN PENINSULA ENERGY DEVELOPMENT ORGANISATION
THE EUROPEAN
ATOMIC ENERGY COMMUNITY,
Hereinafter referred to as
"the Community", and
THE KOREAN PENINSULA ENERGY DEVELOPMENT ORGANISATION,
Hereinafter referred to as
"KEDO",
Whereas:
(1)       KEDO was established
pursuant to the Agreement of 9 March 1995 on the Establishment of the Korean Peninsula Energy Development Organisation,
as amended on 19 September 1997, between the Governments of the Republic of Korea, Japan and the United States of America;
(2)       The fifth Agreement
concluded between the Community and KEDO expired on 31 May 2012;
(3)       After its decision to
terminate KEDO's nuclear light water reactor project and the 2007 decision to fulfil
the responsibilities of the Secretariat with a greatly reduced staff and
minimal office facilities, KEDO's Executive Board decided in 2011 to continue
KEDO beyond 31 may 2012;
(4)       Both the Community and
KEDO have expressed the wish to continue their cooperation with the objective
of implementing the termination of the LWR project and an orderly winding up of
KEDO;
HAVE AGREED AS FOLLOWS:
Article
1
Application of the provisions of previous Agreement
Unless otherwise specified in one of the
articles here below, the provisions of the previous Agreement between the Community and KEDO, which expired on 31 May 2012,
shall remain applicable under this Agreement.
Article 2
Community
contribution
There shall be no financial contribution from
the Community to KEDO's budget under this Agreement.
Article 3
Duration
This Agreement will expire
on 31 May 2013. It will be automatically renewed each year for a period of another year, unless a party notifies
the other party that it wishes to terminate the Agreement at least one month
before the date of expiry. It may also be terminated with immediate effect
after withdrawal from KEDO by any of the other Members currently represented in
the Executive Board. This Agreement will not be renewed beyond 31 May 2015.
Article 4
Entry into force
This Agreement shall enter into
force upon signature by the Community and KEDO and will take effect from 1 June
2012.
Done at Brussels this.................. day of..................... 2012, in two originals
For the European Atomic Energy Community
Done at New York this............... day of..................... 2012,
in two originals
For the Korean Peninsula Energy Development
Organisation


title: Commission Recommendation of 16 November 2006 on the monitoring of background levels of dioxins, dioxin-like PCBs and non-dioxin-like PCBs in foodstuffs (notified under document number C(2006) 5425)   (Text with EEA relevance)

text:
               22.11.2006

               EN

               Official Journal of the European Union

               L 322/24

      COMMISSION RECOMMENDATION

   of 16 November 2006
   on the monitoring of background levels of dioxins, dioxin-like PCBs and non-dioxin-like PCBs in foodstuffs
   (notified under document number C(2006) 5425)
   (Text with EEA relevance)
   (2006/794/EC)
   THE COMMISSION OF THE EUROPEAN COMMUNITIES,
   Having regard to the Treaty establishing the European Community, and in particular the second indent of Article 211 thereof,
   Whereas,

               (1)

               Commission Regulation (EC) No 466/2001 of 8 March 2001 setting maximum levels for certain contaminants in foodstuffs (1) establishes maximum levels for dioxins and for the sum of dioxins and dioxin-like Polychlorinated Biphenyls (PCBs) in foodstuffs.

               (2)

               It is necessary to generate reliable data across the European Community on the presence of dioxins, furans and dioxin-like PCBs in the widest range of foodstuffs in order to have a clear picture of the time trends in background presence of these substances in foodstuffs.

               (3)

               Commission Recommendation 2006/88/EC of 6 February 2006 on the reduction of the presence of dioxins, furans and PCBs in feedingstuffs and foodstuffs (2) recommends that Member States perform random monitoring of the presence of dioxins, dioxin-like PCBs and, if possible, non-dioxin-like PCBs in foodstuffs according to Commission Recommendation 2004/705/EC (3).

               (4)

               Recommendation 2004/705/EC recommends to the Member States minimum frequency of samples to be analysed yearly for the different categories of foodstuffs as well the format of reporting of the results for the monitoring of the background presence of dioxins, furans and dioxin-like PCBs in foodstuffs. For the new Member States joining the European Community on 1 May 2004 a transitional arrangement was provided.

               (5)

               It is appropriate to amend the current monitoring programme by taking into account the experiences gained. Recommendation 2004/705/EC should therefore be replaced by a new Recommendation.

               (6)

               It is important that data gathered under this Recommendation are reported on a regular basis to the Commission. The Commission will ensure the compilation of those data into a database. Data from recent years obtained by making use of a method of analysis complying with the requirements laid down by Commission Directive 2002/69/EC of 30 July 2002 laying down the sampling methods and the methods of analysis for the official control of dioxins and the determination of dioxin-like PCBs in foodstuffs (4) and reflecting background levels should also be provided,

         HEREBY RECOMMENDS:
   1.   That Member States perform from the year 2007 onwards until 31 December 2008 the monitoring of the background presence of dioxins, furans and dioxin-like polychlorinated biphenyls (PCBs) in foodstuffs using the recommended minimum frequency of samples to be analysed yearly, as foreseen in the table of Annex I as guidance.
   2.   That Member States, if possible, also perform the analysis on non dioxin-like PCBs in the same samples.
   3.   That Member States provide on a regular basis to the Commission the monitoring data with the information and in the format as foreseen in Annex II for compilation into one database. Data from recent years obtained by making use of a method of analysis complying with the requirements, laid down by Directive 2002/69/EC and reflecting background levels should also be provided.
   Recommendation 2004/705/EC is hereby repealed. References to the repealed Recommendation shall be construed as references to this Recommendation.

      Done at Brussels, 16 November 2006.

            For the Commission

         Markos KYPRIANOU

            Member of the Commission

      (1)  OJ L 77, 16.3.2001, p. 1. Regulation as last amended by Regulation (EC) No 199/2006 (OJ L 32, 4.2.2006, p. 34).

      (2)  OJ L 42, 14.2.2006, p. 26.

      (3)  OJ L 321, 22.10.2004, p. 45.

      (4)  OJ L 209, 6.8.2002, p. 5. Directive as amended by Directive 2004/44/EC (OJ L 113, 20.4.2004, p. 17).

      ANNEX I

                  Table

                  :

                     Overview of the recommended minimum number of food samples to analyse yearly. Distribution of samples is based on production in each country. Particular attention is paid to foodstuffs expected to have a large variation in background levels of dioxins, furans and dioxin-like PCBs. This is particularly the case for fish.

                  Product, including also derived products

                  Aquaculture
                  (*)

                  Wild caught fish
                  (**)

                  Meat
                  (***)

                  Milk
                  (****)

                  Eggs
                  (*****)

                  Other
                  (******)

                  Total

                  No of samples

                  250

                  483

                  500

                  250

                  250

                  267

                  2 000

                  Belgium

                  4

                  8

                  18

                  8

                  7

                  7

                  52

                  Denmark

                  4

                  20

                  14

                  7

                  4

                  6

                  55

                  Germany

                  16

                  28

                  55

                  34

                  25

                  36

                  194

                  Greece

                  6

                  8

                  14

                  8

                  4

                  7

                  47

                  Spain

                  26

                  36

                  36

                  13

                  24

                  21

                  156

                  France

                  25

                  30

                  55

                  28

                  28

                  27

                  193

                  Ireland

                  8

                  15

                  15

                  7

                  5

                  4

                  54

                  Italy

                  22

                  24

                  46

                  20

                  26

                  26

                  164

                  Luxembourg

                  2

                  3

                  6

                  3

                  3

                  3

                  20

                  Netherlands

                  7

                  18

                  26

                  13

                  20

                  8

                  92

                  Austria

                  3

                  3

                  15

                  8

                  6

                  7

                  43

                  Portugal

                  4

                  12

                  12

                  6

                  5

                  6

                  45

                  Finland

                  4

                  10

                  10

                  6

                  4

                  6

                  40

                  Sweden

                  4

                  12

                  10

                  6

                  4

                  6

                  42

                  United Kingdom

                  15

                  30

                  40

                  19

                  20

                  20

                  144

                  Czech republic

                  6

                  3

                  11

                  5

                  5

                  5

                  35

                  Estonia

                  2

                  6

                  7

                  3

                  2

                  4

                  24

                  Cyprus

                  2

                  6

                  4

                  3

                  2

                  3

                  20

                  Latvia

                  2

                  6

                  7

                  3

                  2

                  4

                  24

                  Lithuania

                  2

                  6

                  7

                  3

                  2

                  4

                  24

                  Hungary

                  3

                  3

                  11

                  5

                  10

                  5

                  37

                  Malta

                  2

                  3

                  4

                  3

                  2

                  3

                  17

                  Poland

                  10

                  18

                  25

                  13

                  16

                  20

                  102

                  Slovenia

                  2

                  3

                  7

                  3

                  2

                  4

                  21

                  Slovakia

                  2

                  3

                  7

                  3

                  2

                  4

                  21

                  Bulgaria

                  4

                  3

                  9

                  5

                  5

                  4

                  30

                  Romania

                  6

                  3

                  11

                  9

                  9

                  10

                  48

                  Iceland

                  3

                  69

                  7

                  3

                  2

                  3

                  87

                  Norway

                  54

                  94

                  11

                  3

                  4

                  4

                  170

                  Total

                  250

                  483

                  500

                  250

                  250

                  267

                  2 000

            Remarks on the Table
      The figures mentioned in the table are minimum figures. Member States are invited to take more samples.

                  (*)

                  :

                  Aquaculture

                  :

                  The samples for aquaculture should be divided over the fish species proportionate to the production. As guidance, the species specific data on production of fish and fishery products ‘Facts and Figures on the CFP — basic data on the Common Fisheries Policy’ (1), European Communities, 2006 and the map ‘Aquaculture in the European Union’ (2). can be used. Special attention should be paid to oysters, mussels and eel.

                  (**)

                  :

                  Wild caught fish

                  :

                  The samples for wild caught fish should be divided over the fish species proportionate to the catch. As guidance, the species specific data on production of fish and fishery products ‘Facts and Figures on the CFP — basic data on the Common Fisheries Policy’, European Communities, Edition 2006. Special attention should be paid to wild caught eel.

                  (***)

                  :

                  Meat

                  :

                  In addition to meat and meat products originating from beef cattle, pigs, poultry and sheep, significant number of samples should be taken from horsemeat, reindeer meat, goat meat, rabbit meat, venison and game.

                  (****)

                  :

                  Milk

                  :

                  A large proportion of the milk samples should be taken from farm milk (mainly cow’s milk). It is also appropriate to take samples of milk and milk products other than cow’s milk (goat milk, etc…).

                  (*****)

                  :

                  Eggs

                  :

                  Particular attention should be paid to free-range hen eggs and eggs of ducks, geese and quails should also be sampled.

                  (******)

                  :

                  Other

                  :

                  In this category particular attention should be paid to:

                              —

                              food supplements (particular those ones based on marine oil),

                              —

                              food for infants and young children,

                              —

                              food products originating from regions where due to e.g. climatic conditions resulting in floods, changes have happened in the production conditions which could possibly affect the dioxin and dioxin-like PCB concentration of the food products in the region.

         (1)  http://ec.europa.eu/fisheries/publications/facts/pcp06_en.pdf

         (2)  http://ec.europa.eu/fisheries/publications/aquaculture05_en.pdf

      ANNEX II
      A.   Explanatory notes to the form for analytical results of dioxins, furans and dioxin-like PCBs and other PCBs in food
      1.   General information about the samples analysed
      Sample code: identification code of the sample.
      Country: name of the Member State where the monitoring has been carried out.
      Year: the year the monitoring was carried out.
      Product: food item analysed — describe the food item as precisely as possible.
      Stage of marketing: place where the product (sample) was collected.
      Tissue: part of product analysed.
      Expression of results: The results are to be expressed on the basis on which the maximum levels have been established. In case of the analysis of non-dioxin-like PCBs, it is highly recommended to express the levels on the same basis.
      Type of sampling: random sampling — analytical results from targeted sampling can also be reported but it must be clearly indicated that the sampling was targeted and does not necessarily reflect normal background levels.
      Number of subsamples: if the analysed sample is a pooled sample, the number of subsamples (number of individuals) should be notified. If the analytical result is just based on one sample, one should be notified. Number of subsamples in a pooled sample could vary, so please specify this for every sample.
      Method of production: conventional/organic (as detailed as possible).
      Area: insofar relevant, district or region where the sample was collected, if possible with indication if it concerns rural area, urban area, industrial zone, harbour, open sea, etc., e.g. Brussels — urban area, Mediterranean — open sea.
      It is of particular importance to clearly indicate the area in case the sample has been collected from food produced in regions which have been flooded.
      Fat content (%): the percentage of fat content in the sample.
      Moisture content (%): the percentage of moisture content in the sample (if available).
      2.   General information on the method of analysis used
      Method of analysis: refer to the method used.
      Accreditation status: specify if the analytical method is accredited or not.
      Uncertainty: the decision limit or the percentage of the expanded measurement uncertainty embodied in the analytical method.
      Lipid extraction method: specify the lipid extraction method used to determine the fat content of the sample.
      3.   Analytical results
      Dioxins, furans, dioxin-like PCBs: results of every congener should be reported in ppt — picogram/gram (pg/g).
      Non-dioxin-like PCBs: results of every congener should be reported in ppb — nanogram/gram or microgram/kilo (ng/g or μg/kg).
      LOQ: Limit of quantification in pg/g (for dioxins, furans and dioxin-like PCBs) or μg/kg — ng/g (for non-dioxin-like PCBs)
      For congeners determined but being below LOQ (limit of quantification) the case should be filled in as < LOQ (the LOQ should be reported as a value).
      For PCB congeners analysed in addition to the PCB-6 and dioxin-like PCBs the number of the PCB congener needs to be added to the form, e.g. 31, 99, 110, etc. If the sample is analysed for more PCB congeners than there are marked rows, just add new rows at the bottom of the form.
      4.   General remarks to the table

                  —

                     Reporting of the recovery rate

                              —

                              The reporting of the recovery rate is optional if the recovery rate for the individual congeners falls within the range of 60-120 %. In case the recovery rate for some individual congeners falls outside that range, the reporting of the recovery rate is obligatory.

                  —

                     Reporting of the LOQ

                              —

                              The reporting of the LOQ is not required but in the column of results, the non-quantified congeners have to be reported as < LOQ (effective figure).

                  —

                     Reporting of the TEQ value for individual congeners

                              —

                              The column for TEQ values for the individual congeners is optional.

            B.   Form for reporting of congener-specific analytical results of dioxins, furans, dioxin-like PCBs and other PCBs in food


Avis juridique important

|

31977H0357

77/357/EEC: Commission Recommendation of 6 May 1977 addressed to the Government of the French Republic concerning two draft decrees implementing Council Directives 74/561/EEC and 74/562/EEC of 12 November 1974 on admission to the occupation of road haulage operator and admission to the occupation of road passenger transport operator in national and international transport operations

Official Journal L 123 , 17/05/1977 P. 0026 - 0027

COMMISSION RECOMMENDATION of 6 May 1977 addressed to the Government of the French Republic concerning two draft decrees implementing Council Directives 74/561/EEC and 74/562/EEC of 12 November 1974 on admission to the occupation of road haulage operator and admission to the occupation of road passenger transport operator in national and international transport operations (77/357/EEC) By letter of 4 January 1977, the Office of the Permanent Representative of France to the European Communities sent to the Commission, for consultation, the texts of two draft decrees implementing the two Council Directives of 12 November 1974 concerning, respectively, admission to the occupation of road haulage operator in national and international transport operations and road passenger transport operator in national and international operations (1).  These texts were submitted in pursuance of Articles 7 (1) and 6 (1) respectively of the said Directives, which provide that Member States shall, after consulting the Commission and before 1 January 1977 adopt the measures necessary for the implementation of the said Directives, particularly Article 3 (4) of the first Directive and Article 2 (4) of the second.  The Commission notes with regret that, owing to the delay in submitting details of its implementing measures, the French Government was unable to fulfil by the due date its obligations under Articles 7 and 6 respectively of the two Directives as aforesaid and has made it impossible for the Commission to adopt this recommendation within the proper time.  As regards the draft decrees themselves, the Commission delivers the following recommendation:    1. The Commission notes that, as regards admission to the occupation of road haulage operator and road passenger transport operator, the draft decree amending Decree No 49-1473 of 14 November 1949 (amended) and the draft decree concerning recognition of competence to engage in these occupations meet the requirements of the provisions of the two abovementioned Directives on the following points:      - the principles, definitions and implementing rules regarding good repute, financial standing and professional competence (Articles 3 and 2 respectively of the above Directives);           - the operation, whether temporary or permanent, of an undertaking in accordance with the principles and rules set out in Articles 4 and 3 respectively of the said Directives.                  2. However, as regards the testing of professional competence, the Commission would draw the attention of the French Government to the wording of the first sentence of Article 3 (4) and the first sentence of Article 2 (4) respectively of the two Directives. From these provisions it follows that competence must be proved on those points listed in the Annex to each Directive.  The Commission has not been informed of the programme drawn up by the French Government in this respect and accordingly recommends that the French Government make good this shortcoming.       3. The Commission also notes that the new Article 46 (1) and (2), introduced by the amending decree into the Decree of 14 November 1949, lists those transport operations to which the conditions of good repute, financial standing and professional competence as defined in the first paragraph of that Article do not apply.  As regards road passenger transport operators, Article 2 of the Decree of 14 November 1949 sets out certain transport operations which are exempted from such conditions. The Commission considers that the Directive of 12 November 1974 (74/562/EEC) on admission to the occupation of road passenger transport operator does not preclude such exemptions as long as compliance with the conditions laid down in Article 1 (3) of that Directive is ensured, namely:      - that the exemptions concern persons or undertakings engaged exclusively in road passenger transport services for non-commercial purposes or having a main occupation other than that of road passenger transport operator, and           - that their transport operations have only a minor impact on the transport market.             (1) OJ No L 308, 19.11.1974, pp. 18 and 23.   As regards road haulage, the exempted operations are set out in Article 23 of the Decree of 14 November 1949. They include inter alia transport operations using a vehicle or vehicle unit with a maximum authorized weight not exceeding 2 500 kilograms, unless the vehicle or unit is regularly used in the carriage of for hire or reward goods (Article 23 (11) of the Decree). In this connection, the Commission would remind the French Government that Article 2 (1) of the Directive of 12 November 1974 on admission to the occupation of road haulage operator provides that:  "This Directive shall not apply to natural persons or undertakings engaging in the occupation of road haulage operator by means of vehicles the permissible payload of which does not exceed 3 75 metric tons or the permissible total laden weight of which does not exceed six metric tons. Member States may, however, lower the said limits for all or some categories of transport operations".  The Commission therefore recommends that the French Government amend the wording of Article 23 (11) of the Decree of 14 November 1949 in such a way that the types of transport operations concerned are specified, regard being at the same time had to the exemption provided for in Article 2 (1) of the abovementioned Directive.       4. The Commission would also draw the attention of the French Government to the provisions of Articles 5 (1) and 4 (1) respectively of the two Directives. Under the terms of these Articles natural persons and undertakings furnishing proof that, before 1 January 1978, they were authorized under national regulations in a Member State to engage in the occupation of road haulage operator or road transport shall be exempt from the requirement to furnish proof that they satisfy the provisions laid down in Article 3 (carriage of goods), or Article 2 (carriage of passengers).  Whilst the regulations currently in force in Frence already include conditions of professional competence and, to some extent, of good repute (necessary for entry in the commercial register, which is compulsory) for road haulage operators, and a condition of good repute (to the same extent) for road passenger transport operators, the condition as to financial standing is inadequately represented by entry in the commercial register.  As the draft decree amending the Decree of 14 November 1949 includes the additional requirement that the applicant must have a post office cheque account, bank account or treasury account, the Commission recommends that the French Government add this point to the transitional measures contained in Article 5 of the draft decree, so as to conform with Articles 5 (1) and 4 (1) respectively of the two Directives.       5. Finally, the Commission notes that, as regards the withdrawal of authorization when the requirements as to good repute, financial standing and professional competence are no longer met, the measures required by Articles 6 (2) and 5 (2) respectively of the two Directives already exist under French law. The Commission would nevertheless emphasize to the French Government the need, pursuant to paragraphs 1 and 3 of the the said Articles, for provisions, in so far as these do not already exist under French law,      - requiring that reasons be given for any decision to reject an application for admission to the occupation, and           - ensuring that those concerned are able to defend their interests by appropriate means if a decision is taken to reject an application or withdraw authorization.             Done at Brussels, 6 May 1977.  For the Commission  Richard BURKE  Member of the Commission


title: Recommendation of the European Central Bank of 16 December 2014 to the Council of the European Union on the external auditors of Lietuvos bankas (ECB/2014/58)

text:
               24.12.2014

               EN

               Official Journal of the European Union

               C 465/1

         RECOMMENDATION OF THE EUROPEAN CENTRAL BANK
   of 16 December 2014
   to the Council of the European Union on the external auditors of Lietuvos bankas
   (ECB/2014/58)
   (2014/C 465/01)
   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 of the Member States whose currency is the euro are audited by independent external auditors recommended by the ECB’s Governing Council and approved by the Council of the European Union.

               (2)

               Pursuant to Article 1 of Council Decision 2014/509/EU (1) Lithuania fulfils the necessary conditions for the adoption of the euro, and the derogation in favour of Lithuania referred to in Article 4 of the 2003 Act of Accession (2) is abrogated with effect from 1 January 2015.

               (3)

               Pursuant to Article 50 of the Law on Lietuvos bankas, from 1 January 2015 the annual financial statements of Lietuvos bankas will be audited by independent external auditors recommended by the ECB’s Governing Council and approved by the Council.

               (4)

               Lietuvos bankas has selected UAB ‘PricewaterhouseCoopers’ as its external auditors for the financial years 2015 to 2017,

         HAS ADOPTED THIS RECOMMENDATION:
   It is recommended that UAB ‘PricewaterhouseCoopers’ should be appointed as the external auditors of Lietuvos bankas for the financial years 2015 to 2017.

      Done at Frankfurt am Main, 16 December 2014.

            The President of the ECB

         Mario DRAGHI

      (1)  Council Decision 2014/509/EU of 23 July 2014 on the adoption by Lithuania of the euro on 1 January 2015 (OJ L 228, 31.7.2014, p. 29).

      (2)  OJ L 236, 23.9.2003, p. 33.


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

text:
               18.8.2016

               EN

               Official Journal of the European Union

               C 299/19

         COUNCIL RECOMMENDATION
   of 12 July 2016
   on the 2016 National Reform Programme of Germany and delivering a Council opinion on the 2016 Stability Programme of Germany
   (2016/C 299/05)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Articles 121(2) and 148(4) thereof,
   Having regard to Council Regulation (EC) No 1466/97 of 7 July 1997 on the strengthening of the surveillance of budgetary positions and the surveillance and coordination of economic policies (1), and in particular Article 5(2) thereof,
   Having regard to Regulation (EU) No 1176/2011 of the European Parliament and of the Council of 16 November 2011 on the prevention and correction of macroeconomic imbalances (2), and in particular Article 6(1) thereof,
   Having regard to the recommendation of the European Commission,
   Having regard to the resolutions of the European Parliament,
   Having regard to the conclusions of the European Council,
   Having regard to the opinion of the Employment Committee,
   Having regard to the opinion of the Economic and Financial Committee,
   Having regard to the opinion of the Social Protection Committee,
   Having regard to the opinion of the Economic Policy Committee,
   Whereas:

               (1)

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

               (2)

               The country report for Germany was published on 26 February 2016. It assessed Germany's progress in addressing the country-specific recommendations adopted by the Council on 14 July 2015 and Germany's progress towards its national Europe 2020 targets. It also included the in-depth review under Article 5 of Regulation (EU) No 1176/2011. On 8 March 2016, the Commission adopted a Communication presenting the results of the in-depth review. The Commission's analysis leads it to conclude that Germany is experiencing macroeconomic imbalances. In particular, the large and persistent current account surplus reflects excess savings and subdued investment in both the private and public sectors. Weak domestic investment hampers potential growth and strong reliance on external demand entails macroeconomic risks in a context of subdued foreign demand. The current account surplus also has, given its size, adverse implications for the economic performance of the euro area. Addressing it through increased investment would raise Germany's growth potential and help sustain the recovery in the euro area.

               (3)

               On 15 April 2016, Germany submitted its 2016 Stability Programme and on 29 April 2016 it submitted its National Reform Programme. In order to take account of their interlinkages, the two programmes have been assessed at the same time.

               (4)

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

               (5)

            Germany is currently in the preventive arm of the Stability and Growth Pact and subject to the debt rule. In its 2016 Stability Programme, the Government plans a balanced budgetary position in headline terms over 2016-2020. The medium-term budgetary objective — a structural deficit of 0,5 % of GDP — continues to be met with a margin throughout the programme period. According to the Stability Programme, the government debt-to-GDP ratio is expected to gradually decline to 59
                   % in 2020. The macroeconomic scenario underpinning these budgetary projections, which has not been endorsed by an independent body, is plausible. Based on the Commission 2016 spring forecast, the structural balance is forecast to register a surplus of 0,4 % of GDP in 2016 and in 2017, above the medium-term budgetary objective. Possible future deviations, including to accommodate public investment needs, would be assessed against the requirement to maintain the structural balance at the medium-term budgetary objective. Gross debt is forecast to remain on a firm downward path beyond the requirements of the debt rule. This creates scope to boost public investment. Based on its assessment of the Stability Programme and taking into account the Commission 2016 spring forecast, the Council is of the opinion that Germany is expected to comply with the provisions of the Stability and Growth Pact.

               (6)

               Although the federal government has adopted several measures to increase infrastructure investment in the years to come, these funds still do not appear to bring about a sustainable upward trend in public investment and to meet infrastructure investment requirements. Net fixed capital formation has continued to remain markedly negative at the municipal level, indicating underinvestment. Overall education and research expenditure has increased only slightly in recent years and may have fallen short of the national target of 10 % of GDP in 2015. Continued investment in education, research and innovation is essential for securing Germany's competitive position in the future. As the budget is expected to remain balanced in headline and structural terms in 2016-2017, there continues to be sufficient fiscal space for higher public investment, without breaching the rules of the Stability and Growth Pact and the national debt brake. Reforming the pension system would contribute to ensuring the long-term sustainability of public finances. The current design of fiscal equalisation is complex and tends to reduce incentives to improve revenue in individual Länder. The ongoing review of federal fiscal relations provides an opportunity to strengthen the framework, including by ensuring sufficient public investment at all levels of government, especially for municipalities. The current compromise proposal agreed among the Länder would involve simplified horizontal fiscal equalisation. However, it remains vague in terms of further disentangling spending competencies and falls short of increasing revenue autonomy. At the same time, alternative instruments to traditional state funding of transport infrastructure, including through public-private partnerships, are used only to a limited extent. Moreover, complex planning responsibilities across the different levels of government, bottlenecks linked to administrative capacity and complicated approval procedures are all barriers to investment. A more efficient use of public procurement could also have a positive impact on investment, since the volume of procurement tenders published EU-wide remains far below the EU average.

               (7)

               The complexity of the corporate tax system remains a hindrance to private sector investment and the overall income tax burden on corporations, including the local trade tax (Gewerbesteuer) and the solidarity surcharge, remains high. Inefficiencies arise from the local trade tax due to the inclusion of non-profit elements in the tax base. The tax system favours debt financing over equity financing, the relevant indicator on the ‘debt bias’ being the eighth highest in the Union in 2015. The share of relatively growth-friendly consumption taxes and recurrent taxes on property in total taxation remained stable between 2007 and 2014 at around 28-29, which is low compared with an average of around 32-33 % in the Union. Moreover, the trend of increasing real estate transfer taxes has continued, instead of relying more on less distortive recurrent property taxes. Steps taken to modernise the tax administration were limited to the federal government's adoption of legislation to simplify tax administration procedures. An automatic exchange of tax data between the tax administrations of the 16 Länder, which could improve the efficiency of tax audits, still does not exist. Overall, structural shortcomings and delayed modernisation result in the relative underperformance of the tax administration and inefficiencies in tax collection.

               (8)

               Financing conditions in Germany are generally favourable. However, the venture capital market remains underdeveloped in international comparison and tax-related framework conditions may limit its size. Improving access to venture capital is an important factor in stimulating entrepreneurial activity, including in high-tech sectors and knowledge-intensive services. The federal government has launched a range of measures to improve conditions for venture capital and further measures are under discussion. Additionally, a review of the regulatory framework for venture capital could contribute to stimulating private investment, including from foreign investors.

               (9)

               Policy action to stimulate competition in the service sectors, especially in professional services, has been limited. Germany is among the Member States with high regulatory barriers in services. Restrictive product market regulations affect prices and productivity. Low labour productivity and high mark-ups indicate that Germany has considerable scope to improve the performance of professional services. Problems in business services stem from authorisation requirements, restrictions on multidisciplinary activities, insurance requirements and fixed tariffs. Legal form and shareholding requirements are also still imposed. The action plan submitted by Germany as a result of the mutual evaluation on access to and practice of regulated professions proposes only a limited number of actions, whereas there is clear scope for more ambitious proposals.

               (10)

               Although the overall labour market performance is very strong, in particular with unemployment at historically low levels, ageing-related labour and skills shortages are looming, calling for full use of the existing labour force. As these trends challenge not only the labour market, but also the sustainability and adequacy of the pension system, stronger incentives for later retirement appear indispensable. The at-risk of poverty rate in old-age (16,3 % in 2014) is above the EU average (13,8 %) and the replacement rate of the statutory pension scheme is being gradually reduced, while rates of enrolment in second or third-pillar pension schemes are too low to alleviate this risk. The number of beneficiaries receiving a means-tested minimum income for retirees nearly doubled between 2003 and 2014. However, proposals to improve incentives for later retirement (Flexi-Rente) have not yet been formalised. It remains to be seen how effective they can be in counteracting the incentives for early retirement introduced in 2014.

               (11)

               The labour market potential of certain groups, especially women and people with a migrant background, remains under-utilised and work disincentives, especially for second earners, remain in place. Specific characteristics of the tax system and health insurance discourage second earners from taking up a job or increasing the number of hours worked. This contributes to a low proportion of women working full-time and one of the lowest numbers of hours worked on average by women in the Union, despite a high female employment rate. Although there has been a slight transition from mini-jobs to standard employment as a by-product of introducing the minimum wage, the former still account for about seven million employees (of which 5 million have a mini-job as their only gainful employment). The exemption of mini-jobs from personal income tax — and in many cases from all employee social contributions — can discourage workers from moving into jobs with earnings above the mini-job threshold of EUR 450 per month. This disincentive is in many cases even stronger for spouses subject to joint income taxation. The positive impact on households' incomes and consumption from the slight increase in several allowances and the compensation of fiscal drag might be largely offset by higher social contributions from employees. The tax wedge at the level of the minimum wage is high in comparison with other Member States, resulting in lower incomes at the bottom end of the wage scale. Reducing employees' social security contributions or the personal income tax, including by targeted allowances or refunds, would reduce this tax wedge, increasing in turn the disposable income of low wage earners and thereby increasing consumption possibilities.

               (12)

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

               (13)

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

               (14)

               In the light of this assessment, the Council has examined the Stability Programme, and is of the opinion (5) that Germany is expected to comply with the Stability and Growth Pact.

               (15)

               In the light of the Commission's in-depth review and this assessment, the Council has examined the National Reform Programme and the Stability Programme. Its recommendations under Article 6 of Regulation (EU) No 1176/2011 are reflected in recommendations (1) to (3) below,

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

               1.

               Achieve a sustained upward trend in public investment, especially in infrastructure, education, research and innovation, while respecting the medium term objective. Improve the design of federal fiscal relations with a view to increasing public investment, especially at municipal level.

               2.

               Reduce inefficiencies in the tax system, in particular by reviewing corporate taxation and the local trade tax, modernise the tax administration and review the regulatory framework for venture capital. Step up measures to stimulate competition in the services sector, in particular in business services and regulated professions.

               3.

               Increase incentives for later retirement and reduce disincentives to work for second earners. Reduce the high tax wedge for low wage earners and facilitate the transition from mini-jobs to standard employment.

      Done at Brussels, 12 July 2016.

            For the Council

            The President

         P. KAŽIMÍR

      (1)  OJ L 209, 2.8.1997, p. 1.

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

      (3)  OJ C 96, 11.3.2016, p. 1.

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

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