title: Council Recommendation of 11 July 2017 on the 2017 National Reform Programme of Sweden and delivering a Council opinion on the 2017 Convergence Programme of Sweden

text:
               9.8.2017

               EN

               Official Journal of the European Union

               C 261/119

         COUNCIL RECOMMENDATION
   of 11 July 2017
   on the 2017 National Reform Programme of Sweden and delivering a Council opinion on the 2017 Convergence Programme of Sweden
   (2017/C 261/26)
   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 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 16 November 2016, the Commission adopted the Annual Growth Survey, marking the start of the 2017 European Semester for economic policy coordination. The priorities of the Annual Growth Survey were endorsed by the European Council on 9-10 March 2017. On 16 November 2016, on the basis of Regulation (EU) No 1176/2011, the Commission adopted the Alert Mechanism Report, in which it identified Sweden as one of the Member States for which an in-depth review would be carried out.

               (2)

               The 2017 country report for Sweden was published on 22 February 2017. It assessed Sweden’s progress in addressing the country-specific recommendation adopted by the Council on 12 July 2016, the follow-up given to the country-specific recommendations adopted in previous years and Sweden’s progress towards its national Europe 2020 targets. It also included an in-depth review under Article 5 of Regulation (EU) No 1176/2011, the results of which were also published on 22 February 2017. The Commission’s analysis led it to conclude that Sweden is experiencing macroeconomic imbalances. In particular, persistent house price growth from already overvalued levels coupled with a continued rise in household debt poses risks of a disorderly correction. Although banks appear adequately capitalised, a disorderly correction could also affect the financial sector as banks have a growing exposure to household mortgages. In such a case, there could be spill-overs to neighbouring countries since Swedish banking groups are of systemic importance in the Nordic-Baltic region. Awareness of mounting risks among the Swedish authorities is high, and in recent years measures have been taken to rein in mortgage debt growth and increase housing construction. However, policy steps implemented so far have not been sufficient to address overheating in the housing sector. Overall, policy gaps remain in the area of housing-related taxation, the macroprudential framework, and in addressing bottlenecks for new housing supply as well as barriers to efficient usage of the existing housing stock.

               (3)

               On 28 April 2017, Sweden submitted its 2017 National Reform Programme and its 2017 Convergence 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 (ESI Funds) for the 2014-2020 period. As provided for in Article 23 of Regulation (EU) No 1303/2013 of the European Parliament and of the Council (3), 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 that provision in guidelines on the application of the measures linking effectiveness of the ESI Funds to sound economic governance.

               (5)

               Sweden is currently in the preventive arm of the Stability and Growth Pact. In its 2017 Convergence Programme, the Government plans to achieve a surplus of 0,3 % of GDP in 2017 and to continue to meet the medium-term budgetary objective — a structural deficit of 1 % of GDP — throughout the programme period. According to the 2017 Convergence Programme, the general government debt-to-GDP ratio is expected to fall to 39,5 % in 2017 and to continue declining to 31,4 % in 2020. Robust economic growth and sound public finances are set to be the main drivers behind the declining general government debt-to-GDP ratio. The macroeconomic scenario underpinning those budgetary projections is plausible. Based on the Commission 2017 spring forecast, the structural balance is forecast to show a surplus of 0,4 % of GDP in 2017 and a surplus of 0,8 % of GDP in 2018, above the medium-term budgetary objective. Based on its assessment of the 2017 Convergence Programme and taking into account the Commission 2017 spring forecast, the Council is of the opinion that Sweden is projected to comply with the provisions of the Stability and Growth Pact in 2017 and 2018.

               (6)

               Household debt has continued to rise from already high levels. Household debt grew by 7,1 % in 2016, approaching 86 % of GDP and about 180 % of disposable income, driven mainly by higher mortgage borrowing linked to continued house price rises. The distribution of debt levels has become increasingly uneven, with an elevated fraction of newly mortgaged households (16,4 % in 2016) borrowing as much as 600 % of their disposable income. The Government has taken some relevant macroprudential measures — including the introduction of a new mortgage amortisation requirement in 2016 — but it remains unclear whether these will have sufficient impact over the medium term. In February 2017, the Government launched a legislative process to enhance the legal mandate of the macroprudential authority, to ensure that in the future the authority can introduce potential macroprudential measures in a timely manner and use a wider range of tools. The legislative amendments are expected to be in force by February 2018. Adjusting fiscal incentives, for example by gradually limiting the tax deductibility of mortgage interest payments or by increasing recurrent property taxes, would help curb household debt growth, but the Government has made no progress on this.

               (7)

               Sweden has experienced rapid and persistent house price growth since the mid-1990s. House prices have continued to grow rapidly and persistently, especially in the main urban areas. Key drivers include generous tax treatment of home ownership and mortgage debt, accommodative credit conditions coupled with relatively low mortgage amortisation rates, and an ongoing housing supply shortage. This shortage is linked to structural inefficiencies in the housing market. Housing construction has continued to increase, but remains well below new construction needs. The Government’s 22-point housing market plan addresses some underlying factors for housing shortage, including measures to increase the amount of available land for construction, reduce construction costs and shorten planning process lead times. However, some other structural inefficiencies, including weak competition in the construction sector, do not receive appropriate attention. The housing shortage is exacerbated by barriers hindering the efficient use of the existing housing stock. Sweden’s tightly regulated rental market creates lock-in and ‘insider/outsider’ effects, but no significant policy action has been taken to introduce more flexibility in setting rents. In the owner-occupancy market, relatively high capital gains taxes reduce homeowner mobility. A temporary reform of the deferral rules for capital gains taxes on property transaction was introduced, but this will probably have limited effect. Lack of available and affordable housing can also limit labour market mobility and the effective integration of migrants into the labour market, and contribute to intergenerational inequality.

               (8)

               In 2016 Sweden had one of the highest employment rates in the Union (81,2 %), while recording one of the lowest long-term unemployment rates. However, challenges remain, such as integrating low-skilled people and non-EU migrants into the labour market and reducing the substantial employment gap for non-EU-born women. Sweden has made considerable efforts in the reception of asylum seekers and in the integration of refugees and other immigrants. Further improvements appear possible as in 2016 only one third of participants to the introduction programme were in work or education 90 days after having completed the programme, and a comprehensive approach and governance on the corresponding recognition of qualifications are still missing.

               (9)

               Basic skills proficiency of 15 year olds has improved after years of deteriorating performance, according to the OECD Programme for International Student Assessment (PISA) 2015 survey. However, the proportion of low achievers is still around the Union average and the performance gap linked to the socioeconomic background of students has widened. The measures launched by the Government to improve school outcomes and equity warrant close monitoring, together with the initiatives aimed at integrating newly-arrived migrant pupils into the school system.

               (10)

               In the context of the 2017 European Semester, the Commission has carried out a comprehensive analysis of Sweden’s economic policy and published it in the 2017 country report. It has also assessed the 2017 Convergence Programme, the 2017 National Reform Programme and the follow-up given to the recommendations addressed to Sweden in previous years. It has taken into account not only their relevance for sustainable fiscal and socioeconomic policy in Sweden, but also their compliance with Union rules and guidance, given the need to strengthen the Union’s overall economic governance by providing Union -level input into future national decisions.

               (11)

               In the light of this assessment, the Council has examined the 2017 Convergence Programme and is of the opinion (4) that Sweden is expected to comply with the Stability and Growth Pact.

               (12)

               In the light of the Commission’s in-depth review and this assessment, the Council has examined the 2017 National Reform Programme and the 2017 Convergence Programme. Its recommendations made under Article 6 of Regulation (EU) No 1176/2011 are reflected in recommendation (1) below,

         HEREBY RECOMMENDS that Sweden take action in 2017 and 2018 to:

               1.

               Address risks related to household debt, in particular by gradually limiting the tax deductibility of mortgage interest payments or by increasing recurrent property taxes, while constraining lending at excessive debt-to-income levels. Foster investment in housing and improve the efficiency of the housing market, including by introducing more flexibility in setting rental prices and revising the design of the capital gains tax.

      Done at Brussels, 11 July 2017.

            For the Council

            The President

         T. TÕNISTE

      (1)  OJ L 209, 2.8.1997, p. 1.

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

      (3)  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).

      (4)  Under Article 9(2) of Regulation (EC) No 1466/97.


title: Commission Recommendation of 27 November 2013 on the right to legal aid for suspects or accused persons in criminal proceedings

text:
               24.12.2013

               EN

               Official Journal of the European Union

               C 378/11

         COMMISSION RECOMMENDATION
   of 27 November 2013
   on the right to legal aid for suspects or accused persons in criminal proceedings
   2013/C 378/03
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 292 thereof,
   Whereas:

               (1)

               The aim of this Recommendation is to reinforce the right to legal aid for suspects or accused persons in criminal proceedings and for requested persons in European arrest warrant proceedings pursuant to Council Framework Decision 2002/584/JHA (1) in order to complement and render effective the right of access to a lawyer as set out in Directive 2013/48/EU of the European Parliament and of the Council (2).

               (2)

               The right to legal aid in criminal proceedings is enshrined in Article 47(3) of the Charter of Fundamental Rights of the European Union (‘the Charter’) and in Article 6(3)(c) of the European Convention on Human Rights (‘ECHR’). It is also recognised in Article 14(3)(d) of the ICCPR. The fundamental principles on which a legal aid system should be based are outlined in the United Nations Principles and Guidelines on Access to Legal Aid in Criminal Justice Systems adopted on 20 December 2012 by the General Assembly.

               (3)

               The scope and content of the right of access to a lawyer are set out in Directive 2013/48/EU and nothing in this Recommendation should be construed as limiting the rights as provided for in that Directive.

               (4)

               A suspect or accused person in criminal proceedings has a right of access to a lawyer from the time they are made aware, by official notification or otherwise, by the competent authorities, that they are suspected or accused of having committed a criminal offence, and irrespective of whether they are deprived of liberty. It applies until the conclusion of the proceedings, which is understood to mean the final determination of the question of whether the suspect or accused person has committed the offense, including, where applicable, sentencing and the resolution of any appeal. The same temporal scope should apply to the right to legal aid.

               (5)

               The term ‘lawyer’ in this Recommendation refers to any person, who, in accordance with national law, is qualified and entitled, including by means of accreditation by an authorised body, to provide legal advice and assistance to suspects or accused persons.

               (6)

               ‘Legal aid’ means funding and assistance from the Member State ensuring the effective use of the right of access to a lawyer. The funding should cover the costs of the defence and the proceedings for suspects or accused persons in criminal proceedings and requested persons in European arrest warrant proceedings.

               (7)

               Suspects or accused persons and requested persons who lack sufficient financial resources to meet some or all of the costs of the defence and the proceedings should have access to legal aid, insofar as such aid is required in the interests of justice.

               (8)

               A suspect or accused person should not have to prove beyond reasonble doubt that they have insufficient financial means, as has been set out in the case-law of the European Court of Human Rights. In order to determine whether the ‘interests of justice’ require free legal assistance to be provided, the European Court of Human Rights has held that the non-cumulative criteria of the seriousness of the offence, the severity of the sentence at stake, the complexity of the case or the personal situation of the suspect or accused persons should be taken into account.

               (9)

               Moreover, the European Court of Human Rights has held that, when deprivation of liberty is at stake, the interests of justice test should, in principle, be considered to be fulfilled.

               (10)

               The decision as to whether or not legal aid is granted in criminal proceedings should be made in sufficient time to enable the suspect or accused person to present their case in a concrete and effective way.

               (11)

               Given the legal profession's independence, the conduct of the defence is essentially a matter between the suspect or accused or requested person, and their representative. In order to ensure a high professional standard of legal assistance that ensures a fair trial, Member States should establish effective systems for general quality assurance of legal aid lawyers. To this end, Member States should put in place accreditation schemes for legal aid lawyers. In any event, Member States should ensure that action is taken if a failure in the legal assistance is manifest or is sufficiently brought to the Member States' attention.

               (12)

               Defense lawyers, as well as staff involved in decision-making on the right to legal aid, such as prosecutors, judges and staff on legal aid boards, should receive appropriate training to further the right to effective access to legal aid.

               (13)

               Given the importance of confidence between lawyer and client, the relevant competent authorities should, as far as possible, have regard to the preference and wishes of the suspect or accused person in the choice of the legal aid lawyer. However, as has been recognised in the case-law of the European Court of Human Rights, they may override those wishes where there are relevant and sufficient grounds for holding that this is necessary in the interests of justice.

               (14)

               This Recommendation upholds fundamental rights and observes the principles recognised by the Charter of Fundamental Rights of the European Union and the European Convention for the Protection of Human Rights and Fundamental Freedoms. In particular, this Recommendation seeks to promote the right to liberty, the right to a fair trial and the rights of defense. It should be interpreted and given effect accordingly.

               (15)

               Insofar as the Charter of Fundamental Rights of the European Union contains rights, which correspond to rights guaranteed by the European Convention for the Protection of Human Rights and Fundamental Freedoms, the meaning and scope of those rights should be the same as those laid down by that Convention. The corresponding provisions of this Recommendation should thus be interpreted and given effect in a manner which is consistent with those rights, as interpreted in the case-law of the European Court of Human Rights.

               (16)

               Member States should inform the Commission on the action taken to follow up on this Recommendation.

               (17)

               Within 48 months after notification of this Recommendation, the Commission should assess if any further action, including legislative measures, is needed in order to ensure that the objectives of this Recommendation are fully met,

         HEREBY RECOMMENDS:
   SECTION 1

      SUBJECT-MATTER AND SCOPE

               1.

               This Recommendation concerns the right to legal aid for suspects or accused persons in criminal proceedings and for requested persons subject to European arrest warrant proceedings in order to ensure effective access to a lawyer according to the Directive 2013/48/EU.

               2.

               Suspects and accused persons in criminal proceedings should have a right to legal aid from the time they are suspected of having committed a criminal offence. This right should apply until the conclusion of the proceedings.

         SECTION 2

      ACCESS TO LEGAL AID

      Right to legal aid

               3.

               Member States should take appropriate measures to ensure that suspects or accused persons and requested persons are entitled to receive effective legal aid to ensure the right to a fair trial in accordance with this Recommendation.

               4.

               Suspects or accused persons and requested persons should, as a minimum, be granted legal aid if they lack sufficient financial resources to meet some or all of the costs of the defence and the proceedings as a result of their economic situation (‘means test’), and/or when such aid is required in the interests of justice (‘merits test’).

               5.

               All necessary measures should be taken to make all relevant information on legal aid in criminal proceedings easily accessible and understandable for suspects or accused persons and requested persons, including information on how and where to apply for such aid, transparent criteria on when a person is eligible for legal aid, as well as information on the possibilities to complain in circumstances where access to legal aid is denied or a legal aid lawyer provides insufficient legal assistance.

      Means test

               6.

               When a requirement of lack of sufficient financial resources is applied when assessing the right to legal aid (means test), the assessment of the applicant's economic situation should be made on the basis of objective factors such as income, capital, family situation, standard of living and the cost of a defence lawyer. When the legal aid is for a child, the child's own assets should be taken into account and not those of their parents or holder of parental responsibility.

               7.

               Where the household income of families is taken into account in the means test, but individual family members are in conflict with each other or do not have equal access to the family income, only the income of the person applying for legal aid should be used.

               8.

               In determining the question of whether suspects or accused or requested persons lack sufficient financial resources, all relevant circumstances should be considered.

               9.

               If a Member States defines a threshold above which a person is presumed partly or totally able to bear the cost of the defence and the proceedings, they should take into account the factors in point 6 when setting that threshold. Moreover, the existence of such a threshold should not prevent persons who are above the threshold from obtaining legal aid in respect of all or some of the costs, if they lack sufficient financial resources in the particular case at hand.

               10.

               Suspects or accused persons and requested persons should not need to prove beyond all doubt that they lack of sufficient financial resources to cover the costs of the defence and the proceedings.

      Merits test

               11.

               When a requirement of whether the interests of justice require legal aid is applied (merits test), this should encompass an assessment of the complexity of the case, the social and personal situation of the suspect or accused person or requested person, the seriousness of the offence and the severity of the potential penalty that can be incurred. All relevant circumstances should be considered.

               12.

               In situations where a person is suspected or accused of an offense that carries a custodial sentence as a possible penalty, and in situations where legal assistance is mandatory, the granting of legal aid should be considered to be in the interests of justice.

               13.

               Where legal aid is granted to suspects or accused persons or requested persons on the basis of a merits test, the costs of legal aid can be recovered in the event of a final conviction, provided that the person has sufficient resources at the time of recovery, as determined in accordance with points 6 to 10.

      Decisions on legal aid applications

               14.

               Decisions on whether or not to grant legal aid should be made promptly by an independent competent authority, within a time frame that allows suspects or accused persons and requested persons to effectively and concretely prepare their defence.

               15.

               Suspects or accused persons and requested persons should have a right to review decisions rejecting their application for legal aid in full or in part.

               16.

               Where applications are rejected in full or in part, the reasons for rejection should be given in writing.

         SECTION 3

      EFFECTIVENESS AND QUALITY OF LEGAL AID

      Quality of legal assistance provided under legal aid schemes

               17.

               Legal assistance provided under legal aid schemes should be of high quality in order to ensure the fairness of proceedings. To this end, systems to ensure the quality of legal aid lawyers should be in place in all Member States.

               18.

               Mechanisms should be in place that allow the competent authorities to replace legal aid lawyers or require them to fulfil their obligations, if those lawyers fail to provide adequate legal assistance.

      Accreditation

               19.

               A system of accreditation for legal aid lawyers should be put in place and maintained in each Member State.

               20.

               Member States are invited to establish criteria for the accreditation of legal aid lawyers, taking into account best practices.

      Training

               21.

               Staff involved in the decision-making on legal aid in criminal proceedings should receive appropriate training.

               22.

               In order to ensure high quality legal advice and assistance, training and the development of training programmes for lawyers that provide legal aid services should be encouraged.

               23.

               The accreditation of legal aid lawyers should as far as possible be linked with an obligation to undergo continuous professional training.

      Appointment of legal aid lawyers

               24.

               The preference and wishes of the suspects or accused persons and requested persons should as far as possible be taken into account by the national legal aid systems in the choice of the legal aid lawyer.

               25.

               The legal aid system should endeavour to ensure continuity in legal representation by the same lawyer, if the suspect or accused or requested person so wishes.

               26.

               Transparent and accountable mechanisms should be put in place to ensure that suspects or accused persons and requested persons can make an informed choice on legal assistance under the legal aid scheme, free from undue influence.

         SECTION 4

      DATA COLLECTION AND MONITORING

      Data collection

               27.

               Member States should collect data on relevant matters for the follow up on this Recommendation.

      Monitoring

               28.

               Member States should inform the Commission on the measures taken to give effect to this Recommendation, by [36 months after notification].

         SECTION 5

      FINAL PROVISIONS

               29.

               This Recommendation is addressed to the Member States.

      Done at Brussels, 27 November 2013.

            For the Commission

         Viviane REDING

            Vice-President

      (1)  Council Framework Decision 2002/584/JHA of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States (OJ L 190, 18.7.2002, p. 1).

      (2)  Directive 2013/48/EU of the European Parliament and of the Council of 22 October 2013 on the right of access to a lawyer in criminal proceedings and European arrest warrant proceedings and on the right to have a third party informed upon deprivation of liberty and to communicate with third persons and with consular authorities (OJ L 294, 6.11.2013, p. 1).


title: 2014/117/EU: Commission Recommendation of 3 March 2014 on the establishment and implementation of the Production and Marketing Plans pursuant to Regulation (EU) No 1379/2013 of the European Parliament and of the Council on the common organisation of the markets in fishery and aquaculture products

text:
               5.3.2014

               EN

               Official Journal of the European Union

               L 65/31

      COMMISSION RECOMMENDATION

   of 3 March 2014
   on the establishment and implementation of the Production and Marketing Plans pursuant to Regulation (EU) No 1379/2013 of the European Parliament and of the Council on the common organisation of the markets in fishery and aquaculture products
   (2014/117/EU)
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 292 thereof,
   Whereas:

               (1)

               Producer organisations are to submit production and marketing plans under Article 28 of Regulation (EU) No 1379/2013 of the European Parliament and of the Council (1) (the ‘CMO Regulation’) to their competent national authorities to contribute to the achievement of the objectives of the common organisation of the markets in fishery and aquaculture products.

               (2)

               Production and marketing plans constitute a mandatory instrument for producer organisations.

               (3)

               To foster a homogeneous implementation of production and marketing plans, it is necessary that the Commission provides more detailed recommendations on the structure, format and time limits outlined in Commission Implementing Regulation (EU) No 1418/2013 (2) in providing clear and detailed guidance to Member States and producer organisations.

               (4)

               To help producer organisations to contribute to the objectives of the common market organisation for fisheries and aquaculture products, the Commission should provide recommendations to producer organisations on how to present their intended strategy to match production and market requirements, in particular in detailing the production programme and marketing strategy to be developed.

               (5)

               The Commission should also provide examples of the different measures that producer organisations could implement to illustrate how they could concretely contribute to the different objectives of the producer organisations as set out in Article 7 of Regulation (EU) No 1379/2013 that the production and marketing plans would address.

               (6)

               To facilitate the monitoring of the production and marketing plans by producer organisations and to allow the competent national authorities to assess the contribution of the different measures of the production and marketing plans to the objectives of the common market organisation and to enable them to verify the compliance by producer organisations with the obligations related to the implementation of the plans, the use of appropriate indicators should be recommended.

               (7)

               To facilitate the estimation by producer organisations and competent national authorities of the financial needs deriving from the implementation of the measures included in the production and marketing plans, the inclusion of a financial schedule in the production and marketing plan should be recommended.

               (8)

               To allow competent national authorities to assess the implementation of the production and marketing plans by producer organisations, the Commission should recommend that the annual report submitted by producer organisations includes relevant indicators assessing the implementation of the measures planned and evaluating their contribution to the producer organisations’ objectives.

               (9)

               This recommendation will be amended or revised as necessary and, in particular, following the adoption of a future Union legal act establishing the conditions for the financial support for maritime and fisheries policy for the period 2014-2020,

         HAS ADOPTED THIS RECOMMENDATION:
   That producer organisations and associations of producer organisations comply with:

               (a)

               the format and structure set out in Part A of this Recommendation for the production and marketing plans referred to in Article 28(1) of Regulation (EU) No 1379/2013 (‘the plans’);

               (b)

               the details set out in Part B of this Recommendation concerning the time limits and procedure for the annual report as referred to in Article 28(5) of Regulation (EU) No 1379/2013 (‘the annual report’).

         Where this recommendation refers to producer organisations it is intended to refer also to associations of producer organisations.

      PART A

   FORMAT AND STRUCTURE OF THE PRODUCTION AND MARKETING PLANS
   Plans submitted to national authorities by fishery and aquaculture producer organisations should include information detailed as follows:
   1.   General information on the producer organisation

         Name

   The full name of the producer organisation.

         Type

   Aquaculture producer organisation or a fishery producer organisation.

         Identification code

   The national identification code.

         Location

   The place where the producer organisation is officially registered (such as the city or harbour) as well as its area of competence, using the relevant NUTS (nomenclature of territorial units for statistics) unit.

         Number of members

   The number of producers officially registered in the producer organisation.

         Turnover (detailed by species)

   A table indicating the producer organisation’s overall turnover for the past three years with a further view expressing turnover for individual species.
   The turnover should be calculated either as the average annual value of the marketed production at first sale in the last three years, or as the sum of each producer organisation members’ marketed production at first sale in the same period for newly recognised producer organisations.

         Volume of catches and harvests (detailed by species)

   A table detailing for each species the volume and value of catches or harvests in the last three years, expressed in tons and euros per year.

         Identification of the producer organisation’s main marketed species [ex 2.1]

   It is recommended to use the table described in the previous subsection for the identification of the main marketed species. The main commercial species should represent the main part of each producer organisation’s production in terms of turnover and volume of catches and farmed species. The rules set out in Article 2 of the Commission Regulation (EC) No 2508/2000 (3) should be used as a reference.
   2.   Production programme and marketing strategy

   2.1.   Introduction

   The producer organisation should explain the overall coherence between the measures it intends to implement and the objectives of the plan.
   Based on an assessment of the producer organisation’s assets, opportunities, threats and weaknesses, the plans should be introduced by a presentation of the producer organisation’s intended strategy to develop and to match its production with markets requirements, in accordance with the objectives assigned to producer organisations in Articles 3 and 7 of the CMO Regulation.
   That presentation should clearly establish the link between the production programme and the marketing strategy that the producer organisation will implement.
   2.2.   Production programme

   The production programme should consist of an indicative supply schedule set out across the year and based on seasonal trends (price, production and demand) in the market. It should, in particular, take into account the following elements:
   2.2.1.   For all producer organisations

               —

               planning of production activities,

               —

               coordination of activities with other producers,

         For fishery producer organisations:

               —

               management of fishing rights and access between members of a producer organisation, depending on the production planning,

               —

               implementation and management of the obligation to land all catches.

         2.2.2.   For aquaculture producer organisations

               —

               developing sustainable aquaculture practices.

         2.3.   Marketing strategy

   The marketing strategy should describe how the producer organisation intends to ensure the adequacy of supply with market requirements in terms of quality, quantity and presentation. It should, in particular, take into account the following elements:

               —

               identification of market requirements (quantity, quality, presentation),

               —

               identification of new outlets and other commercial opportunities,

               —

               dialogue and coordination with other operators in the supply chain.

         3.   Measures to achieve the objectives laid down in Article 7 of CMO Regulation

   3.1.   For fishery producer organisations

   3.1.1.   Promoting sustainable fishing activities
       (4)

   Under this heading the plans should include one or more of the following measures:

               —

               collective management of fishing rights and access between members of a producer organisation, based on management rules in force for the different stocks, fisheries and fishing areas,

               —

               coordinating dialogue and cooperation with relevant scientific organisations in fisheries and cooperating in the development of scientific advice to support management decisions on fisheries resources,

               —

               preparation and management of scientific and technical campaigns aimed at improving the knowledge of resources, ecosystem impacts and the development of sustainable fishing techniques,

               —

               conducting impact studies for the application of new management measures,

               —

               identification and collective prevention of risks related to safety at work and safety at sea,

               —

               providing assistance and training to producer organisation’s members on fisheries regulation, on promotion of sustainable fishing practices or on board security,

               —

               effective participation in the different relevant bodies for fisheries management at national, regional, European and international levels,

               —

               coordinating dialogue between producer organisations, including with those from different Member States.

         3.1.2.   Avoiding and reducing unwanted catches
       (5)

   Under this heading the plans should include one or more of the following measures:

               —

               identification and promotion of fishing practices which help avoid and reduce unwanted catches,

               —

               creation and implementation of plans and collective actions for avoiding and reducing unwanted catches,

               —

               identification of the best uses of such catches (6).

         3.1.3.   Contributing to the traceability of fishery products and access to clear and comprehensive information for consumers

   Under this heading the plans should include one or more of the following measures:

               —

               improving techniques for traceability,

               —

               evaluating communication needs and consumer information actions,

               —

               improving product labelling including in conducting certification processes to support mandatory and additional voluntary information as provided for in Articles 38 and 39 of the CMO Regulation,

               —

               preparing and implementing communication and consumer information actions.

         3.1.4.   Contributing towards the elimination of IUU fishing practices

   Under this heading the plans should include one or more of the following measures:

               —

               training for producers and education,

               —

               observation programmes and control of producer organisation members’ activity.

         3.1.5.   Improving the conditions for the placing on the market of their members’ fisheries products

   Under this heading the plans should include one or more of the following measures:

               —

               identifying outlets for marketing the production and channelling the supply of their members,

               —

               developing strategies to better market the production, including for product certification,

               —

               developing certification processes, amongst others in the fields of nutrition and quality,

               —

               supporting additional voluntary information, as per Article 39 of the CMO Regulation,

               —

               designing and developing new methods and new marketing tools,

               —

               providing assistance and training to producer organisation members on marketing techniques,

               —

               participating in trade fairs at national, European and international level to promote producer organisation members’ production.

         3.1.6.   Improving economic returns

   Under this heading the plans should include one or more of the following measures:

               —

               preparing and monitoring scientific and technical campaigns aimed at reducing operating costs,

               —

               providing assistance and training to producer organisation members in fishing business management,

               —

               developing services to producer organisation members in cost accounting.

         3.1.7.   Stabilising the markets

   Under this heading the plans should include one or more of the following measures:

               —

               contributing to improved market intelligence,

               —

               improving the knowledge of producer organisation members on the main economic drivers along the supply chain,

               —

               providing practical support to producers to better coordinate information sharing with customers and other actors (in particular processors, retailers and auctions).

         3.1.8.   Contributing to food supply and promoting high food quality and safety standards, whilst contributing to employment in coastal and rural areas

   Under this heading the plans should include one or more of the following measures:

               —

               preparing and running campaigns to promote initiatives on marketing standards (quality, size or weight, packing, presentation and labelling),

               —

               preparing and running campaigns to promote new species that can be sustainably exploited,

               —

               preparing and running campaigns to develop new processes and products,

               —

               preparing and running campaigns to promote fishery products,

               —

               preparing and running campaigns to promote employment in fishery.

         3.1.9.   Reducing the environmental impact of fishing, including through measures to improve the selectivity of fishing gears

   Under this heading the plans should include one or more of the following measures:

               —

               preparing and undertaking scientific surveys and experimental programmes to assess and limit the environmental impacts of fishing practices,

               —

               preparing and running experimental programmes to develop fishing gears reducing environmental impacts,

               —

               providing training and assistance to producers to facilitate the implementation of fishing practices and fishing gears which limit the environmental impact.

         3.2.   For aquaculture producer organisations

   3.2.1.   Promoting sustainable aquaculture activities
       (7)

   Under this heading the plans should include one or more of the following measures:

               —

               preparing and managing scientific and technical campaigns to improve knowledge of species, impacts of aquaculture activities on the environment, and to foster the development of sustainable aquaculture techniques,

               —

               coordinating dialogue and cooperation with relevant scientific organisations in aquaculture and cooperating in the development of scientific advice to support management decisions on aquaculture,

               —

               providing assistance and training to producer organisation members to promote sustainable aquaculture practices,

               —

               identification and collective prevention of risks related to safety at work,

               —

               effective participation in the different relevant bodies for aquaculture at national, regional, European and international levels,

               —

               coordinating dialogue between producer organisations, including with those from different Member States.

         3.2.2.   Ascertaining that the activities of their members are consistent with the national strategic plans
       (8)

   Under this heading the plans should include one or more of the following measures:

               —

               participating to the development of the national strategic plans,

               —

               developing certification schemes on animal feed sustainability.

         3.2.3.   Endeavouring to ensure that aquaculture feed products of fishery origin come from fisheries that are sustainably managed

   Under this heading the plans should include one or more of the following measures:

               —

               participating in the development of traceability procedures,

               —

               developing certification schemes on animal feed sustainability.

         3.2.4.   Improving the conditions for the placing on the market of their members’ aquaculture products

   Under this heading the plans should include one or more of the following measures:

               —

               identifying outlets for marketing and/or channelling the production of their members,

               —

               developing strategies to better market the production, including for product certification,

               —

               supporting additional voluntary information, as per Article 39 of the CMO Regulation,

               —

               developing certification processes, including in the fields of nutrition and quality,

               —

               designing and developing new methods and new marketing tools,

               —

               providing assistance and training to producer organisation members on marketing techniques,

               —

               participating in trade fairs at national, European and international level to promote producer organisation members’ production.

         3.2.5.   Improving economic returns

   Under this heading the plans should include one or more of the following measures:

               —

               preparing and monitoring scientific and technical campaigns aimed at reducing operating costs,

               —

               providing assistance and training to producer organisation members in aquaculture business management,

               —

               developing services to producer organisation members in cost accounting.

         3.2.6.   Stabilising the markets

   Under this heading the plans should include one or more of the following measures:

               —

               coordinating between different producer organisations the collection, processing, sharing and exploitation of economic information relating to producer organisation members’ production, including stocking data and first sales prices,

               —

               contributing to improved market intelligence,

               —

               improving the knowledge of producer organisation members on the main economic drivers along the supply chain,

               —

               providing practical support to producers to better coordinate information sharing with processors.

         3.2.7.   Contributing to food supply and promoting high food quality and safety standards, whilst contributing to employment in coastal and rural areas

   Under this heading the plans should include one or more of the following measures:

               —

               preparing and conducting campaigns developing initiatives on marketing standards (quality, size or weight, packing, presentation and labelling),

               —

               preparing and conducting campaigns to promote employment in aquaculture,

               —

               preparing and conducting campaigns to promote aquaculture products.

         4.   Measures to adjust the supply of certain species
       (9)

   Under this Section, the plans should include one or more of the following measures:

               —

               identification of fishery products with marketing difficulties at certain periods of the year,

               —

               development of dedicated production and marketing strategies and tools.

         5.   Penalties and control measures

   In accordance with provisions of Article 8(1)(d) of the CMO Regulation, this Section should describe the penalties applicable to members who infringe upon decisions adopted to implement the plans (10) as well as measures that the producer organisation will implement to control the compliance of their members activities with the rules they have established (11). Under this Section the plans should include one or more of the following measures:

               —

               development of a system of sanctions proportional to the infringements committed by producer organisation members,

               —

               development of strategies and programmes for the enforcement of the rules adopted by the producer organisation,

               —

               undertaking risk assessments on the implementation of the rules adopted by the producer organisation,

               —

               preparing and conducting control operations on the enforcement of rules adopted by the producer organisation,

               —

               training of observers and controllers,

               —

               creation and dissemination of guidelines for the implementation of:

                           (a)

                           the regulations deriving from the common fisheries policy;

                           (b)

                           the rules and management measures adopted by the producer organisation.

         6.   Expenditures to be considered

   6.1.   Financial plan

   It is recommended that producer organisations include in their plans a financial plan detailing for each measure they intend to implement, the different costs, expenditures and expected financial resources.
   Within the financial plan, the following two types of activities should be distinguished:

               (a)

               preparing, monitoring and steering activities related to the measures planned (‘project owner activities’); and

               (b)

               activities linked to the practical realisation of each specific measure planned (‘project management activities’).

         6.2.   Project owner activities

   Expenditure for project owner activities should include in particular expenditures for market studies, assessment studies, project design, risk analysis and any feasibility study realised in advance of the implementation of a measure linked to the achievement of one of the objectives of the plan. It should also include expenditures linked to monitoring and control activities carried out by the producer organisation in the course of the implementation of a specific measure.
   The expenditures considered can cover different categories such as labour, service delivery or supplies.
   6.3.   Project management activities

   Expenditure project management activities should include in particular expenditures for elements of the measures implemented that are not properly linked to the project-owner activities, such as scientific or technical experimentations, advertising campaigns, purchasing and deployment of new technical devices for increasing selectivity, developing traceability, or fostering sustainable aquaculture practices.
   7.   Implementing schedule

   The plans should contain a timetable of the planned measures and related expenses, broken down into yearly instalments for multiannual plans.
   The timetable should indicate for each measure appropriate output and result indicators as recommended in Section 8.
   8.   Indicators

   As recommended in Section 7, output and result indicators should be provided for each measure planned to allow the control of their implementation by producer organisations and competent national authorities. These indicators should be used in the annual report provided for in Article 28(5) of the CMO Regulation. Those indicators should seek to assess the achievement of the strategic objectives of the plans in relation to the initial situation described in the introduction of the plan.
   According to their relevance with regard to the different measures planned, the following indicators should be used:
   8.1.   Output indicators for the implementation of the planned measures

   8.1.1.   For fishery producer organisations

   Under this heading the plans should include output indicators assessing the conformity with:

               —

               the scheduled vessels activity expressed, inter alia, in terms of days at sea, volumes of targeted species caught,

               —

               a provisional timetable for marketing of products by species and presentation,

               —

               a plan of scheduled actions for the identification of market opportunities,

               —

               a plan of scheduled actions for the certification/labelling of the products,

               —

               a provisional timetable for the management of fishing effort and/or capacity by fishing area,

               —

               a plan of scheduled measures for reducing unwanted by-catch,

               —

               a schedule of training in compliance and rules, awareness and control of producers.

         Those output indicators should also highlight:

               —

               predictive identification of the products’ sales cycles,

               —

               conformity of the average monthly income of producers with an expected level of incomes.

         8.1.2.   For aquaculture producer organisations

   Under this heading the plans should include output indicators assessing the conformity with:

               —

               stocking and harvesting scheduled for farmed species,

               —

               a provisional timetable for marketing of products by species and presentation,

               —

               a plan of scheduled actions for the identification of market opportunities,

               —

               a plan of scheduled actions for the certification/labelling of the products,

               —

               a plan for reducing contamination of ecosystems linked to aquaculture activities,

               —

               a plan for implementing sustainable feeding of farmed species,

               —

               a schedule of training in compliance and rules, awareness, and control.

         Those output indicators should also highlight:

               —

               predictive identification of the products’ sales cycles,

               —

               conformity of the average monthly income of producers with an expected level of incomes.

         8.2.   Result indicators for assessing the contribution of the measures deployed to achieving the objectives of the production and marketing plans

   8.2.1.   For fishery producer organisations

   Under this heading the plans should include result indicators assessing:

               —

               volume and/or value of the species caught, or marketed,

               —

               average size of the species caught, or marketed,

               —

               sales growth by species and/or product compared to an ex ante position,

               —

               number and volume and/or value of new products sold compared to the previous year,

               —

               evolution of fishing effort and/or capacity,

               —

               evolution of landings composition and/or volume of unwanted catches,

               —

               evolution ‘per capita’ of the valuation of landed or harvested production,

               —

               evolution of production costs per unit of production,

               —

               evolution of cost of sales per unit of production,

               —

               evolution of the average monthly income of producers,

               —

               changes in the rate of unsold products in relation to the ex ante position,

               —

               changes in the value of sensitive products in relation to the ex ante position,

               —

               number of accidents (with injuries and/or fatal casualties),

               —

               changes in the number of offences to the producer organisation rules recorded.

         8.2.2.   For aquaculture producer organisations

   Under this heading the plans should include result indicators assessing:

               —

               volume and/or value of the species harvested or marketed,

               —

               sales growth by species and/or product compared to an ex ante position,

               —

               number and volume and/or value of new products sold compared to the previous year,

               —

               evolution ‘per capita’ of the valuation of harvested production,

               —

               evolution of the proportion of feed used for farmed species coming from sustainable or renewable resources,

               —

               evolution of the quantities of polluted outputs,

               —

               evolution of production costs per unit of production,

               —

               evolution of cost of sales per unit of production,

               —

               evolution of the average monthly income of producers,

               —

               changes in the rate of unsold products in relation to the ex ante position,

               —

               changes in the value of sensitive products in relation to the ex ante position,

               —

               number of accidents (with injuries and/or fatal casualties),

               —

               changes in the number of offences to the producer organisation rules recorded.

      PART B

   SUBMISSION AND CONTENT OF THE ANNUAL REPORT
   Producer organisations should submit the annual report after completion of the plans. In case of a multiannual plan, a report should be submitted on a yearly basis.
   The annual report should include output and result indicators as provided for in the implementing schedule of the plans submitted for approval to the competent national authorities.

      Done at Brussels, 3 March 2014.

            For the Commission

         Maria DAMANAKI

            Member of the Commission

      (1)  Regulation (EU) No 1379/2013 of the European Parliament and of the Council of 11 December 2013 on the common organisation of the markets in fishery and aquaculture products, amending Council Regulations (EC) No 1184/2006 and (EC) No 1224/2009 and repealing Council Regulation (EC) No 104/2000 (OJ L 354, 28.12.2013, p. 1).

      (2)  Commission Implementing Regulation (EU) No 1418/2013 of 17 December 2013 concerning production and marketing plans pursuant to Regulation (EU) No 1379/2013 of the European Parliament and of the Council on the common organisation of the markets in fishery and aquaculture products (OJ L 353, 28.12.2013, p. 40).

      (3)  Commission Regulation (EC) No 2508/2000 of 15 November 2000 laying down the detailed rules for the application of Council Regulation (EC) No 104/2000 as regards operational programmes in the fisheries sector (OJ L 289, 16.11.2000, p. 8).

      (4)  Promoting sustainable fishing activities of their members by providing opportunities for their development in full compliance with the conservation policy as laid down in Regulation (EU) No 1380/2013 of the European Parliament and of the Council (OJ L 354, 28.12.2013, p. 22) (‘Regulation on the Common Fisheries Policy’) and environmental legislation, while respecting social policy.

      (5)  Avoiding and reducing as far as possible unwanted catches of commercial stocks and where necessary, making the best use of such catches, without creating a market for such catches that are below the minimum conservation reference size, in accordance with Article 15 of the Regulation on the common fisheries policy.

      (6)  Without creating a market for such catches that are below minimum conservation size.

      (7)  Promoting sustainable aquaculture activities of their members by providing opportunities for their development in full compliance with the conservation policy as laid down in the Regulation on the common fisheries policy and environmental legislation, while respecting social policy.

      (8)  Referred to in Article 34 of the Regulation on the common fisheries policy.

      (9)  ‘Species which habitually present marketing difficulties during the year’ referred to Article 28(2)(d) of the CMO Regulation.

      (10)  Penalties provided in Article 28(2)(e) of the CMO Regulation.

      (11)  Measures provided in Article 8(1)(d) of the CMO Regulation.


Important legal notice

|

E2000C0067

Recommendation of the EFTA Surveillance Authority No 67/00/COL of 24 March 2000 concerning a coordinated monitoring programme for 2000 to ensure compliance with maximum levels of pesticide residues in and on cereals and certain products of plant origin, including fruit and vegetables

Official Journal L 274 , 26/10/2000 P. 0036 - 0041

Recommendation of the EFTA Surveillance AuthorityNo 67/00/COLof 24 March 2000concerning a coordinated monitoring programme for 2000 to ensure compliance with maximum levels of pesticide residues in and on cereals and certain products of plant origin, including fruit and vegetablesTHE EFTA SURVEILLANCE AUTHORITY,Having regard to the EEA Agreement, and in particular Article 109 and Protocol 1 thereto,Having regard to the Surveillance and Court Agreement, and in particular Article 5(2)(b) and Protocol 1 thereto,Having regard to the Act referred to in point 38 of Chapter XII of Annex II to the EEA Agreement on the fixing of maximum levels for pesticide residues in and on cereals (Council Directive 86/362/EEC)(1) and in particular Article 7(2)(b) thereof,Having regard to the Act referred to in point 54 of Chapter XII of Annex II to the EEA Agreement on the fixing of maximum levels for pesticide residues in and on certain products of plant origin, including fruit and vegetables (Council Directive 90/642/EEC)(2), and in particular Article 4(2)(b) thereof,After consulting the EFTA Foodstuffs Committee assisting the EFTA Surveillance Authority,Whereas Article 7(2)(b) of Directive 86/362 and Article 4(2)(b) of Directive 90/642 require the EFTA Surveillance Authority to submit to the EFTA Foodstuffs Committee assisting the EFTA Surveillance Authority by 31 December each year a recommendation to the EFTA States setting out a coordinated monitoring programme to ensure compliance with maximum levels of pesticide residues set out in the Annexes II to the said Directive;Whereas the EFTA Surveillance Authority should recommend a monitoring programme each year; whereas experience, gained by the European Commission and its Member States in establishing, carrying out and reporting on the previous annual coordinated monitoring programmes, indicates that multiannual programmes appear to be most effective and practical; whereas it appears appropriate to indicate in this recommendation the framework of future programmes;Whereas the EFTA Surveillance Authority should progressively work towards a system which would permit the estimation of actual pesticide dietary exposure, as provided for in the second paragraph of Article 7(3) of Directive 86/362 and the second paragraph of Article 4(3) of Directive 90/642; whereas to facilitate examination of the feasibility of such estimations, data concerning the monitoring of residues of pesticides in a number of food products which constitute major components of European diets should be available; whereas in view of the resources available at national level for pesticide residue monitoring, the EFTA States are only able to analyse samples of four to five products each year within a coordinated monitoring programme; whereas each pesticide should generally be monitored in 20 food products over a series of five-year cycles;Whereas the residues recommended to be monitored in 2000 will allow examination of the feasibility of using the data concerning the pesticides acephate, the benomyl group, chlorpyriphos, iprodione and methamidophos as these compounds (identified as Group A in Annex I) have already been monitored between 1996 and 1999 for estimation of actual dietary exposure;Whereas the residues recommended to be monitored in 2000 and 2001 will allow examination of the feasibility of using the data concerning the pesticides diazinon, metalaxyl, methidathion, thiabendazole and triazophos as these compounds (identified as Group B in Annex I) have already been monitored between 1997 and 1999 for estimation of actual dietary exposure;Whereas the residues recommended to be monitored in 2000, 2001 and 2002 will allow examination of the feasibility of using the data concerning the pesticides chlorpyriphos-methyl, deltamethrin, endosulfan, imazilil, lambda-cyhalothrin, the maneb group, mecarbam, permethrin, pirimiphos-methyl and vicolozolin as these compounds (identified as Group C in Annex I) have already been monitored in 1998 and 1999 for estimation of actual dietary exposure;Whereas a systematic statistical approach to numbers of samples to be taken in the specific coordinated exercise is necessary; whereas such an approach has been set out by the Commission of the Codex Alimentarius(3). Based on a binomial probability distribution it can be calculated that examination of a total sample number of 459 gives a 99 % confidence of detecting one sample containing pesticide residues above the limit of determination (LOD) if it is anticipated that 1 % of products of plant origin will contain residues above the LOD; whereas the total number of samples to be taken by each EFTA State should be apportioned on the basis of population and consumer numbers, with a minimum of 12 samples per product and per year;Whereas draft guidelines concerning quality control procedures for pesticide residue analysis, published in Annex II(4) to the monitoring recommendation for 1999 have been discussed by the experts of the EU Member States at Oeiras, Portugal on 15 and 16 September 1997 and discussed and taken note of in the subgroup "Pesticide residues" of the Working Group on Plant Health on 20 and 21 November 1997; whereas it is agreed by the EU Member States that these draft guidelines should be implemented as far as possible by the analytical laboratories of the EU Member States and should be reviewed in the light of this experience;Whereas Article 4(2)(a) of Directive 90/642 requires the EFTA States to specify the criteria applied in drawing up their national inspection programmes when sending to the EFTA Surveillance Authority information on their implementation during the previous year; whereas such information should include the criteria applied in determining the numbers of samples to be taken and analyses to be carried out and the reporting levels applied and the criteria by which the reporting levels have been fixed; whereas details of accreditation under the Act referred to in point 54n of Chapter XII of Annex II to the EEA Agreement on the subject of additional measures concerning the official control of foodstuffs (Council Directive 93/99/EEC)(5) of the laboratories carrying out analyses should be indicated;Whereas information on the results of monitoring programmes is particularly appropriate for treatment, storage and transmission by electronic/informatic methods; whereas formats have been developed for supply in diskette form to the EU Member States by the Commission; whereas the same format could be used by the EFTA States; whereas the EFTA States should therefore be able to send their reports to the EFTA Surveillance Authority in the standard format; whereas the further development of such a standard format is most effectively undertaken by the development of guidelines;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 therefore Liechtenstein is included in this recommendation for 2000,HAS ADOPTED THIS RECOMMENDATION:It is recommended that Iceland, Liechtenstein and Norway:1. sample and analyse for the product/pesticide residue combinations set out in Annex I, on the basis of a target number of 12 samples of each product, reflecting as appropriate, national, EEA and third country share of the EFTA State's market; for at least one pesticide possibly posing an acute risk, one of the products will be subjected to individual analysis of the items in the composite sample: two samples of an appropriate number of items will be taken, where possible the produce of a single producer; if in the first composite sample a detectable level of the pesticide is found, the items of the second sample will be analysed individually; in 2000 this will include the combination cucumbers/methamidophos and/or pears/chlormequat;2. by 31 August 2001 report the results for the part of the specific exercise allocated for 2000 in Annex I, together with the analytical methods used and reporting levels achieved, in accordance with the quality control procedures set out in Annex II to the recommendation of the EFTA Surveillance Authority for the year 1999, in a format as set out in Annex III to that recommendation;3. by 31 August 2000, send to the EFTA Surveillance Authority and to EEA/EFTA States all the information as required by Article 7(3) of Directive 86/362 and Article 4(3) of Directive 90/642 concerning the 1999 monitoring exercise, to ensure, at least by check sampling, compliance with maximum pesticide residue levels including:3.1. - the results of their national programmes concerning pesticides listed in Annexes II to Directives 86/362 and 90/642, in relation to harmonised levels and, where these have not yet been fixed at Community level, in relation to the national levels in force,3.2. - information on their laboratories' quality control procedures and, in particular, information concerning aspects of the guidelines concerning quality control procedures for pesticide residue analysis, which they have not been able to apply or have had difficulty in applying,3.3. - information on accreditation in accordance with the provisions of Article 3 of Directive 93/99 (including type of accreditation, accreditation body and copy of accreditation certificate) of the laboratories carrying out the analyses.4. This recommendation is addressed to Iceland, Liechtenstein and Norway.Done at Brussels, 24 March 2000.For the EFTA Surveillance AuthorityHannes HafsteinCollege Member(1) Hereinafter referred to as Directive 86/362.(2) Hereinafter referred to as Directive 90/642.(3) Codex Alimentarius, Pesticide Residues in Foodstuffs, Rome 1994, ISBN 92-5-203271-1; Vol. 2, p. 372.(4) EFTA Surveillance Authority, Doc. No 99-899-D.(5) Hereinafter referred to as Directive 93/99.ANNEX IPesticide/product combinations to be monitored in the specific exercise set out in point 1 of the recommendation>TABLE>(a) Rice (husked or polished), cucumber, head cabbage, peas (frozen or fresh, analysed without pods).(b) Apples, barley, tomatoes, lettuce.(c) Pears, bananas, beans (fresh or frozen), potatoes.(d) Carrots, oranges, peaches, spinach.


title: Recommendation of the EFTA Surveillance Authority No 59/05/COL of  5 April 2005  on the co-ordinated inspection programme in the field of animal nutrition for 2005

text:
               25.5.2006

               EN

               Official Journal of the European Union

               L 137/19

      RECOMMENDATION OF THE EFTA SURVEILLANCE AUTHORITY

   No 59/05/COL
   of 5 April 2005
   on the co-ordinated inspection programme in the field of animal nutrition for 2005
   THE EFTA SURVEILLANCE AUTHORITY,
   Having regard to the Agreement on the European Economic Area, and in particular Article 109 and Protocol 1 thereof,
   Having regard to the Agreement between the EFTA States on the Establishment of a Surveillance Authority and a Court of Justice, and in particular Article 5(2)(b) and Protocol 1 thereof,
   Having regard to the Act referred to at point 31a of Chapter II of Annex I to the EEA Agreement (Council Directive 95/53/EC of 25 October 1995 fixing the principles governing the organization of inspections in the field of animal nutrition
       (1)), as amended, and as adapted to the EEA Agreement by Protocol 1 thereto, and in particular Article 22(3) thereof,
   Whereas:

               (1)

               In 2004 the EFTA States identified certain issues as worthy of a co-ordinated inspection programme to be carried out in 2005.

               (2)

               Although the Act referred to at Point 33 of Chapter II of Annex I to the EEA Agreement (Directive 2002/32/EC of the European Parliament and of the Council of 7 May 2002 on undesirable substances in animal feed
                   (2)), as amended, establishes maximum contents of aflatoxin B1 in feedingstuffs, there are no EEA rules for other mycotoxins, such as ochratoxin A, zearalenone, deoxynivalenol and fumonisins. Gathering information on the presence of those mycotoxins through random sampling could provide useful data for an assessment of the situation with a view to the development of the legislation. Furthermore, certain feed materials such as cereals and oil seeds are particularly exposed to mycotoxin contamination because of harvesting, storage and transport conditions. As mycotoxin concentration varies from year to year, it is appropriate to collect data from consecutive years for all mycotoxins mentioned.

               (3)

               Antibiotics, other than coccidiostats and histomonostats, may be marketed and used as feed additives only until 31 December 2005. Previous checks for the presence of antibiotics and coccidiostats in certain feedingstuffs where some of those substances are not authorised indicate that this type of infringement still occurs. The frequency of such findings and the sensitivity of this matter justify the continuation of checks. It is important to ensure that the restrictions on the use of feed materials of animal origin in feedingstuffs, as laid down in the relevant EEA legislation, are effectively enforced.

               (4)

               The participation of Norway and Iceland in the programmes within the scope of Annex II of this Recommendation concerning substances not authorised as feed additives will have to be evaluated with respect to their exemptions from Chapter II of Annex I to the EEA Agreement and, in particular, from the Act referred to at Point 1a of Chapter II of Annex I to the EEA Agreement, Regulation (EC) No 1831/2003 of the European Parliament and of the Council of 22 September 2003 on additives for use in animal nutrition.

               (5)

               The participation of Iceland in the programmes within the scope of Annex III of this Recommendation concerning restrictions on the production and use of feed materials of animal origin will have to be evaluated with respect to its exemptions from Chapter I of Annex I to the EEA Agreement.

               (6)

               It is appropriate to ensure that the levels of the trace elements copper and zinc in compound feedingstuffs for pigs do not exceed the maximum content laid down by the Act referred to at Point 1zq of Chapter II of Annex I to the EEA Agreement (Commission Regulation (EC) No 1334/2003 of 25 July 2003 amending the conditions for authorisation of a number of additives in feedingstuffs belonging to the group of trace elements
                   (3)), as amended. The participation of Norway in the programmes within the scope of Annex IV will have to be evaluated with respect to its exemptions from Chapter II of Annex I to the EEA Agreement.

               (7)

               The measures provided for in this Recommendation are in accordance with the opinion of the EFTA Plants and Animal Feedingstuffs Committee assisting the EFTA Surveillance Authority,

         HEREBY RECOMMENDS:

               1.

               It is recommended that the EFTA States carry out during 2005 a co-ordinated inspection programme aimed to check:

                           (a)

                           the concentration of mycotoxins (aflatoxin B1, ochratoxin A, zearalenone, deoxynivalenol and fumonisins) in feedingstuffs, indicating the methods of analysis; the method of sampling should comprise both random and targeted sampling; in the case of targeted sampling, the samples should be feed materials suspected of containing higher concentrations of mycotoxins, such as cereal grains, oil seeds, oil fruits, their products and by-products, and feed materials stored for a long time or transported by sea over a long distance; in the case of aflatoxin B1, particular attention should also be paid to compound feedingstuffs for dairy animals other than dairy cattle; the results of the checks should be reported using the model set out in Annex I;

                           (b)

                           antibiotics, coccidiostats and/or histomonostats, whether or not authorised as feed additives for certain animal species and categories, that occur frequently in non-medicated pre-mixtures and compound feedingstuffs in which these medicinal substances are not authorised; the checks should target those medicinal substances in pre-mixtures and compound feedingstuffs if the competent authority considers that there is a greater probability of finding irregularities; the results of the checks should be reported using the model set out in Annex II;

                           (c)

                           the implementation of restrictions on the production and use of feed materials of animal origin, as set out in Annex III;

                           (d)

                           the levels of copper and zinc in compound feedingstuffs for pigs, as set out in Annex IV.

               2.

               It is recommended that EFTA States include the results of the co-ordinated inspection programme provided for in paragraph 1 in a separate Chapter in the annual report on inspection activities to be transmitted to the EFTA Surveillance Authority by 1 April 2006 in accordance with Article 22(2) of Act referred to at Point 31a of Chapter II of Annex I to the EEA Agreement (Council Directive 95/53/EC of 25 October 1995 fixing the principles governing the organization of inspections in the field of animal nutrition) and the latest version of the harmonised reporting model.

      Done at Brussels, 5 April 2005.

            For the EFTA Surveillance Authority

         Niels FENGER

            Director

         Bernd HAMMERMANN

            College Member

      (1)  OJ L 265, 8.11.1995, p. 17. Directive as last amended by Directive 2001/46/EC of the European Parliament and of the Council (OJ L 234, 1.9.2001, p. 55).

      (2)  OJ L 140, 30.5.2002, p. 10. Directive as last amended by Commission Directive 2003/100/EC (OJ L 285, 1.11.2003, p. 33).

      (3)  OJ L 187, 26.7.2003, p. 11.

      ANNEX I
      Concentration of certain mycotoxins (aflatoxin B1, ochratoxin A, zearalenone, deoxynivalenol, fumonisins) in feedingstuffs
      Individual results of all tested samples; model for reports as referred to in paragraph 1(a)

                  Feedingstuffs

                  Sampling
                  (random or targeted)

                  Type and concentration of mycotoxins (μg/kg relative to a feedingstuff with a moisture content of 12 %)

                  Type

                  Country of origin

                  Aflatoxin B1

                  Ochratoxin A

                  Zearalenone

                  Deoxynivalenol

                  Fumonisins (1)

            The competent authority should also indicate:

                  —

                  the action taken when maximum levels for aflatoxin B1 are exceeded;

                  —

                  the methods of analysis used;

                  —

                  the limits of detection.

         (1)  The concentration of fumonisins comprises the total of fumonisins B1, B2 and B3.

      ANNEX II
      Presence of certain medicinal substances not authorised as feed additives
      Certain antibiotics, coccidiostats and other medicinal substances may be legally present as additives in pre-mixtures and compound feedingstuffs for certain species and categories of animals, when fulfilling the requirements of Article 10 of the Act referred to at Point 1a of Chapter II of Annex I to the EEA Agreement, (Regulation (EC) No 1831/2003 of the European Parliament and of the Council of 22 September 2003 on additives for use in animal nutrition
          (1)).
      The presence of unauthorised medicinal substances in feedingstuffs constitutes an infringement.
      The medicinal substances to be controlled should be chosen from the following:

                  1.

                  Medicinal substances authorised as feed additives for certain animal species or categories only:

                              avilamycin

                              decoquinate

                              diclazuril

                              flavophospholipol

                              halofuginone hydrobromide

                              lasalocid A sodium

                              maduramicin ammonium alpha

                              monensin sodium

                              narasin

                              narasin — nicarbazin

                              robenidine hydrochloride

                              salinomycin sodium

                              semduramicin sodium

                  2.

                  Medicinal substances no longer authorised as feed additives:

                              amprolium

                              amprolium/ethopabate

                              arprinocid

                              avoparcin

                              carbadox

                              dimetridazole

                              dinitolmid

                              ipronidazol

                              meticlorpindol

                              meticlorpindol/methylbenzoquate

                              nicarbazin

                              nifursol

                              olaquindox

                              ronidazol

                              spiramycin

                              tetracyclines

                              tylosin phosphate

                              virginiamycin

                              zinc bacitracin

                              other antimicrobial substances

                  3.

                  Medicinal substances never authorised as feed additives:

                              other substances
                              Individual results of all non-compliant samples; model for reports as referred to in paragraph 1(b)

                                          Type of feedingstuff (animal species and category)

                                          Substance detected

                                          Level found

                                          Reason for the infringement (2)

                                          Action taken

                                    The competent authority should also indicate:

                                          —

                                          the total number of samples tested;

                                          —

                                          the names of the substances which have been investigated;

                                          —

                                          the methods of analysis used;

                                          —

                                          the limits of detection.

         (1)  OJ L 268, 18.10.2003, p. 29.

         (2)  Reason leading to the presence of the unauthorised substance in the feedingstuff, as concluded after an investigation carried out by the competent authority.

      ANNEX III
      Restrictions on the production and use of feed materials of animal origin
      Without prejudice to Articles 3 to 13 and 15 of Directive 95/53/EC, EFTA States should during 2005 undertake a co-ordinated inspection programme to determine whether restrictions on the production and use of feed materials of animal origin have been complied with.
      In particular, in order to ensure that the ban on feeding processed animal protein to certain animals, as laid down in Annex IV of the Act referred to at Point 7.1.12 of Chapter I of Annex I to the EEA Agreement (Regulation (EC) No 999/2001 of the European Parliament and of the Council of 22 May 2001 laying down rules for the prevention, control and eradication of certain transmissible spongiform encephalopathies
          (1)), are effectively applied, EFTA States should implement a specific control programme based on targeted controls. In accordance with Article 4 of Directive 95/53/EC, that control programme should be based on a risk-based strategy where all stages of production and all types of premises where feed is produced, handled and administered are included. The EFTA States should pay special attention to the definition of criteria that can be related to a risk. The weighting given to each criterion should be proportional to the risk. The inspection frequency and the number of samples analysed in the premises should be in correlation to the sum of weightings allocated to those premises.
      The following indicative premises and criteria should be considered when drawing up a control programme:

                  Premises

                  Criteria

                  Weighting

                  Feed mills

                              —

                              Double-stream feed mills producing ruminant compound feed and non-ruminant compound feed containing derogated processed animal proteins

                              —

                              Feed mills with previous history, or suspicion, of non-compliance

                              —

                              Feed mills with a large amount of imported feedingstuffs with high protein content such as fishmeal, soybean meal, corn gluten meal and protein concentrates

                              —

                              Feed mills with a high production of compound feed

                              —

                              Risk of cross-contamination resulting from internal operational procedures (dedication of silos, control of the effective separation of lines, control of ingredients, internal laboratory, sampling procedures)

                  Border Inspection Posts and other points of entry into the Community

                              —

                              Large/small amount of imports of feedingstuffs

                              —

                              Feedingstuffs with high protein content

                  Farms

                              —

                              Home mixers using derogated processed animal proteins

                              —

                              Farms keeping ruminants and other species (risk of cross feeding)

                              —

                              Farms purchasing feedingstuffs in bulk

                  Dealers

                              —

                              Warehouses and intermediate storage of feedingstuffs with high protein content

                              —

                              High volume of bulk feedingstuffs traded

                              —

                              Dealers in compound feedingstuffs produced abroad

                  Mobile mixers

                              —

                              Mixers producing for both ruminants and non-ruminants

                              —

                              Mixers with previous history, or suspicion, of non-compliance

                              —

                              Mixers incorporating feedingstuffs with high protein content

                              —

                              Mixers with high production of feedingstuffs

                              —

                              Large number of farms served including farms which keep ruminants

                  Means of transportation

                              —

                              Vehicles used for the transportation of processed animal proteins and feedingstuffs

                              —

                              Vehicles with previous history, or suspicion, of non-compliance

            As an alternative to these indicative premises and criteria, the EFTA States may forward their own risk assessment to the EFTA Surveillance Authority before 31 March 2005.
      Sampling should be targeted on batches or events where cross-contamination with prohibited processed proteins is most likely (first batch after the transport of feedingstuffs containing animal protein prohibited in this batch, technical problems or changes in production lines, changes in storage bunkers or silos for bulk material).
      In 2005, the EFTA States should focus on the analysis of sugar beet pulp and imported feed materials.
      The minimum number of inspections per year in an EFTA State should be 10 per 100 000 tonnes of compound feed produced. The minimum number of official samples per year in an EFTA State should be 20 per 100 000 tonnes of compound feed produced. Pending the approval of alternative methods, microscopic identification and estimation as described in the Act referred to at Point 31i of Chapter II of Annex I to the EEA Agreement (Commission Directive 2003/126/EC on the analytical method for the determination of constituents of animal origin for the official control of feedingstuffs
          (2)) should be used for analysing samples. Any presence of prohibited constituents of animal origin in feedingstuffs should be considered as a breach of the feed ban.
      The results of the inspection programmes should be communicated to the EFTA Surveillance Authority using the following formats.
      Summary of checks concerning feeding restrictions for feed of animal origin (feeding of prohibited processed animal proteins)
      A.   Documented inspections

                  Stage

                  Number of inspections comprising checks on the presence of processed animal proteins

                  Number of breaches based on documentary checks etc. rather than laboratory testing

                  Import of feed materials

                  Storage of feed materials

                  Feed mills

                  Home mixers/mobile mixers

                  Intermediaries of feedingstuffs

                  Means of transport

                  Farms keeping non-ruminants

                  Farms keeping ruminants

                  Others: ...

      B.   Sampling and testing of feed materials and compound feedingstuffs for processed animal proteins

                  Premises

                  Number of official samples tested for processed animal proteins

                  Number of non-compliant samples

                  Presence of processed animal protein from terrestrial animals

                  Presence of processed animal protein from fish

                  Feed materials

                  Compound feedingstuffs

                  Feed materials

                  Compound feedingstuffs

                  Feed materials

                  Compound feedingstuffs

                  for ruminants

                  for non-ruminants

                  for ruminants

                  for non-ruminants

                  for ruminants

                  for non-ruminants

                  At import

                  Feed mills

                  Intermediaries/storage

                  Means of transport

                  Home mixers/mobile mixers

                  On farm

                  Others: ...

      C.   Summary of prohibited processed animal proteins found in samples of feedingstuffs intended for ruminants

                  Month of sampling

                  Type degree and origin of contamination

                  Sanctions (or other measures) applied

                  1

                  2

                  3

                  4

                  5

                  …

         (1)  OJ L 147, 31.5.2001, p. 1. Regulation as last amended by Commission Regulation (EC) No 1993/2004 (OJ L 344, 20.11.2004, p. 12).

         (2)  OJ L 339, 24.12.2003, p. 78.

      ANNEX IV
      Individual results of all samples (both compliant and non-compliant) concerning the content of copper and zinc in compound feedingstuffs for pigs

                  Type of compound feedingstuff (animal category)

                  Trace element
                  (copper or zinc)

                  Level found (mg/kg of complete feedingstuff)

                  Reason for exceeding the maximum content (1)

                  Action taken

         (1)  As concluded after an investigation carried out by the competent authority.