Avis juridique important

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31981H0972

81/972/EEC: Council Recommendation of 3 December 1981 concerning the re-use of waste paper and the use of recycled paper

Official Journal L 355 , 10/12/1981 P. 0056 - 0057 Spanish special edition: Chapter 15 Volume 3 P. 0083  Portuguese special edition Chapter 15 Volume 3 P. 0083

COUNCIL RECOMMENDATION of 3 December 1981 concerning the re-use of waste paper and the use of recycled paper (81/972/EEC) THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community and in particular Article 235 thereof,  Having regard to the draft recommendation submitted by the Commission,  Having regard to the opinion of the European Parliament (1),  Having regard to the opinion of the Economic and Social Committee (2),  Whereas the resolution of the Council of the European Communities and of the representatives of the Governments of the Member States meeting within the Council of 17 May 1977 on the continuation and implementation of a European Community policy and action programme on the environment (3) states that priority in work on waste shall be given inter alia to the question of waste paper;  Whereas Article 3 (1) of Council Directive 75/442/EEC of 15 July 1975 on waste (4) states that Member States shall take appropriate steps to encourage the prevention, recycling and processing of waste, the extraction of raw materials and possibly of energy therefrom and any other process for the re-use of waste;  Whereas waste paper constitutes a significant percentage of urban waste and is technically recoverable, on a selective basis, as a secondary raw material for the manufacture of certain paper and board products;  Whereas the Community's present deficit of raw materials for paper and board manufacture has to be made up by imports from third countries, both of pulp as well as paper and paper based products, the latter being principally manufactured from virgin fibre;  Whereas the cost/benefit implications of waste recycling for paper and board manufacture including fluctuations in waste paper prices, costs of collection and sorting of waste paper and board and possible savings in waste disposal costs should be taken into account;  Whereas the use of waste paper instead of cellulose or wood pulp in manufacturing paper and board products enables substantial savings of energy and fresh water to be made, produces fewer effluents and less atmospheric pollution and contributes towards easier waste disposal;  Hereby recommends that Member States and Community institutions define and implement policies to promote the use of recycled paper and board and in particular to:    (i) encourage the use of recycled and recyclable paper and board, especially in Community institutions and national administrations, public bodies and those national official services which can set an example;       (ii) encourage, where feasible, the use of recycled paper and board containing a high percentage of mixed waste paper;       (iii) re-examine in the light of recent technological advances the existing specifications for paper products which restrict, for reasons other than adequacy of a product for its purpose, the re-use of waste paper and the use of recycled paper and board;       (iv) implement programmes of consumer and manufacturer education to promote paper and board products made from recycled paper and board;  (1) OJ No C 28, 9.2.1981, p. 66. (2) OJ No C 331, 17.12.1980, p. 27. (3) OJ No C 139, 13.6.1977, p. 1. (4) OJ No L 194, 25.7.1975, p. 39.        (v) develop and promote uses for waste paper other than as a raw material for the manufacture of paper and board;   (vi) encourage the use of products (inks, glues, etc.) which do not preclude the subsequent recycling of paper and board.         Done at Brussels, 3 December 1981.  For the Council  The President  T. KING


Avis juridique important

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31977H0356

77/356/EEC: Commission Recommendation of 6 May 1977 addressed to the Government of the Grand Duchy of Luxembourg regarding a draft law implementing Council Directives 74/561/EEC and 74/562/EEC of 12 November 1974 on, respectively, admission to the occupation of road haulage operator and admission to the occupation of road passenger transport operator in national and international transport operations

Official Journal L 123 , 17/05/1977 P. 0024 - 0025

COMMISSION RECOMMENDATION of 6 May 1977 addressed to the Government of the Grand Duchy of Luxembourg regarding a draft law implementing Council Directives 74/561/EEC and 74/562/EEC of 12 November 1974 on, respectively, admission to the occupation of road haulage operator and admission to the occupation of road passenger transport operator in national and international transport operations (77/356/EEC) By letter of 10 December 1976, the Office of the Permanent Representative of the Grand Duchy of Luxembourg to the European Communities sent to the Commission, for consultation, a copy of a draft law on the implementation of the two Council Directives of 12 November 1974 : the Directive on admission to the occupation of road haulage operator in national and international transport operations, and that on admission to the occupation of road passenger transport operator in national and international transport operations (1).  This draft law was submitted in pursuance of Articles 7 (1) and 6 (1) respectively of the two Directives, which provide that Member States shall, after consulting the Commission and before 1 January 1977, adopt the measures necessary for the implementation of the said Directives, in particular Article 3 (4) of the first Directive and Article 2 (4) of the second.  The Commission notes with regret that, owing to the delay in submitting details of its implementing measures, the Luxembourg Government was unable to fulfil by the due date its obligations under Articles 7 and 6 respectively of the two Directives as aforesaid and has made it impossible for the Commission to adopt this recommendation within the proper time.  The Commission makes the following recommendation regarding the abovementioned draft law:    1. The Commission notes that in accordance with Articles 7 (1) and 6 (1) of the Directives, the draft law of the Luxembourg Government defines and implements all the common rules regarding admission to the occupation of road haulage operator and road passenger transport operator respectively in national and international transport operations, as laid down by the Directives.       2. However, the Commission would draw the attention of the Luxembourg Government to the difference between the terminology used in the draft law and that used in the two Directives.  Whereas the two Directives use the term "admission to the occupation of... operator", Article 2 (1) of the draft law states that "unless a person has been granted authorization, he may not engage in the occupation of (...) operator, whether as main or subsidiary occupation".  However, the explanatory memorandum to the draft law states that, where road passenger transport is concerned, the future law covers only admission to the occupation of road passenger transport operator ; actual engagement in this occupation is still dependent on an authorization issued by the Ministry of Transport, which in turn depends on transport policy considerations.  This being the case, and in order to keep to the terminology used in the two Directives and avoid any possibility of confusion, the Commission recommends that the Luxembourg Government amend the wording of Article 2 (1) to read as follows:  "Unless a person has written authorization from the Ministry responsible for granting authorizations of establishment, granted in accordance with the criteria laid down in the following provisions, he may not be admitted to the occupation of road haulage operator or road passenger transport operator, whether as main or subsidiary occupation".       3. Similarly, the Commission would remind the Luxembourg Government of the terms used in Article 1 (2) of the second Directive of 12 November 1974 to define "the occupation of road passenger transport operator":  "For the purpose of this Directive, "the occupation of road passenger transport operator" means the activity of any natural person or any undertaking operating by means of motor vehicles so constructed and equipped as to be suitable for carrying more than nine persons - including the driver - and intended for that purpose, passenger transport services, for the public or for specific categories of users against payment by the person transported or by the transport organizer".  (1) OJ No L 308, 19.11.1974, p. 18 and 23.   This Community definition thus lays down certain conditions regarding the suitability of the motor vehicles used and the purpose for which they are intended.  As the definition given in Article 1 (3) of the draft law only covers motor vehicles "which are constructed and equipped to carry persons (...)" and omits the "suitability" condition, the Commission recommends that the Luxembourg Government bring the text of Article 1 (3) into line with the definition adopted in Article 1 (2) of the Directive.       4. Lastly, the Commission would draw the attention of the Luxembourg Government to the rules given in Articles 5 and 4 respectively of the two Directives regarding transitional measures.  First, paragraph 1 of both of these Articles states that natural persons and undertakings furnishing proof that, before 1 January 1978, they were authorized under national regulations in a Member State to engage in the occupation of road haulage operator (or road passenger transport operator) in national and/or international road transport operations shall be exempt from the requirement to furnish proof that they satisfy the provisions laid down in Article 3 (road haulage) or Article 2 (road passenger transport), taking into account the provisions in paragraph 2 of these two Articles.  Although it uses the terms of the two Directives, Article 11 (1) of the draft law makes the further stipulation that proof must be supplied that the occupation has been engaged in for an uninterrupted period until the draft law comes into force.  The Commission therefore recommends that the Luxembourg Government bring Article 11 (1) into line with the Community provisions.  Secondly, paragraphs 1 and 2 of Article 5 and Article 4 respectively of the two Directives specify the date of 31 December 1977 as the final deadline for the application of the transitional provisions.  As Article 11 (1) and (2) of the draft law refer only to the date when the law comes into force, the Commission recommends that the Luxembourg Government take steps to ensure that the time limit laid down by these two Directives - 1 January 1978 - is respected.  Done in Brussels, 6 May 1977.  For the Commission  Richard BURKE  Member of the Commission


Avis juridique important

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31982K3024

Commission Recommendation No 3024/82/ECSC of 11 November 1982 amending Recommendation No 2242/82/ECSC imposing a provisional anti-dumping duty on broad-flanged beams originating in Spain and prolonging that provisional anti-dumping duty

Official Journal L 317 , 13/11/1982 P. 0016 - 0016

*****COMMISSION  RECOMMENDATION No 3024/82/ECSC  of 11 November 1982  amending recommendation No 2242/82/ECSC imposing a provisional anti-dumping duty on broad-flanged beams originating in Spain and prolonging that provisional anti-dumping duty  THE COMMISSION OF THE EUROPEAN  COMMUNITIES,  Having regard to the Treaty establishing the European Coal and Steel Community,  Having regard to Commission recommendation No 3018/79/ECSC of 21 December 1979 on protection against dumped or subsidized imports from countries not members of the European Coal and Steel Community (1), as amended by recommendation No 1995/82/ECSC (2), and in particular Article 11 thereof,  After consultations within the Advisory Committee provided for by the said recommendation,  Whereas the Commission, by recommendation No 2242/82/ECSC (3), imposed a provisional anti-dumping duty on imports of broad-flanged beams originating in Spain based on the information available at that time; whereas the minimum amount of this duty was equal to 8;63 ECU per 1 000 kg net;  Whereas the latest information made available to the Commission by the government shows that during the period January to July 1982, 82 493 tonnes of broad-flanged beams were imported from Spain into the Federal Republic of Germany; whereas the weighted average amount by which the prices of these imports, cif German border, duty paid, undercut the published basic prices was equal to 60 ECU per tonne;  Whereas, having regard to these extraordinarily low prices and to their likely impact on the delicate balance of quantities and prices which the Community steel policy seeks to maintain and in order to prevent injury being caused during the proceeding, the interests of the Community call for an amendment of the provisional duty taking into account the abovementioned information;  Whereas, in view of the complexity of the investigations necessary, the Commission notified the exporters known to be concerned of its intention to extend the provisional duty for a further period of two months; whereas the exporters accounting for all Spanish exports concerned did not object,  MAKES THE FOLLOWING RECOMMENDATION:  Article 1  Article 1 (2) of recommendation No 2242/82/ECSC is hereby replaced by the following:  '2. (a) The amount of the duty shall be equal to 60 ECU per 1 000 kg net.  (b) The amount of this duty shall, however, be reduced to the extent that the importer establishes to the satisfaction of the competent national authorities that the quality of these products is inferior to the lowest quality described in the last publication of basic prices by the Commission.'  Article 2  The provisional anti-dumping duty on broad-flanged beams originating in Spain imposed by recommendation No 2242/82/ECSC, is hereby extended for a period not exceeding two months.  Article 3  Subject to Articles 12 and 14 of recommendation No 3018/79/ECSC, this recommendation shall be applicable until the adoption by the Commission of definitve measures or, at the latest, until the expiry of a period of two months beginning on 13 December 1982.  Article 4  This recommendation shall enter into force on the day following its publication in the Official Journal of the European Communities.  Done at Brussels, 11 November 1982.  For the Commission  Wilhelm HAFERKAMP  Vice-President  (1) OJ No L 339, 31. 12. 1979, p. 15.  (2) OJ No L 215, 23. 7. 1982, p. 28.  (3) OJ No L 238, 13. 8. 1982, p. 32.


title: Commission Recommendation (EU) 2016/2124 of 30 November 2016 on the harmonisation of the scope of and conditions for general transfer licences for certified recipients as referred to in Article 9 of Directive 2009/43/EC of the European Parliament and of the Council (notified under document C(2016) 7728)

text:
               3.12.2016

               EN

               Official Journal of the European Union

               L 329/105

         COMMISSION RECOMMENDATION (EU) 2016/2124
   of 30 November 2016
   on the harmonisation of the scope of and conditions for general transfer licences for certified recipients as referred to in Article 9 of Directive 2009/43/EC of the European Parliament and of the Council

         (notified under document C(2016) 7728)

   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 292 thereof,
   Whereas:

               (1)

               Pursuant to Article 5 of Directive 2009/43/EC of the European Parliament and of the Council (1) Member States are obliged to publish at least four general transfer licences.

               (2)

               General transfer licences are a key element of the simplified licensing system introduced by Directive 2009/43/EC.

               (3)

               Differences in the scope of general transfer licences published by Member States in terms of defence-related products covered and diverging conditions applied to transfers of these products could hamper the implementation of Directive 2009/43/EC and the achievement of its simplification objective. Harmonisation of the scope of and conditions for transfers under the general transfer licences published by Member States are important to ensure the attractiveness and use of those licences.

               (4)

               Representatives of the Member States in the Committee established by Article 14 of Directive 2009/43/EC have suggested that harmonisation of the scope of and conditions for transfers under the general transfer licences published by Member States could be achieved by the adoption of a Recommendation by the Commission.

               (5)

               The guidelines set out in this Recommendation represent the result of negotiations with Member States concerning the harmonisation of the scope of and conditions for transfers under the general transfer licences for recipients that have been certified in accordance with Article 9 of Directive 2009/43/EC (‘GTL-CR’).

               (6)

               This Recommendation is considered as a basis for Member States' GTL-CR. The defence-related products listed under point 1.1 of this Recommendation are a minimum and non-exhaustive list of products, for which Member States allow transfer under their GTL-CR. This means that the GTL-CR published by a Member State may also allow for the transfer of other defence-related products included in the Annex of Directive 2009/43/EC not listed in this Recommendation.

               (7)

               Member States recall that they are bound by commitments under European law, such as Council Common Position 2008/944/CFSP (2), as well as by international commitments in the area of export control.

               (8)

               This Recommendation applies to the Common Military List of the European Union as laid down in the Annex to Directive 2009/43/EC. This Recommendation will be updated when necessary to reflect future updates of the Common Military List of the European Union,

         HAS ADOPTED THIS RECOMMENDATION:
   1.   GENERAL TRANSFER LICENCES FOR RECIPIENTS CERTIFIED IN ACCORDANCE WITH ARTICLE 9(2) OF DIRECTIVE 2009/43/EC
   1.1.   Defence-related products eligible for transfer under the general transfer licence for recipients certified in accordance with Article 9 of Directive 2009/43/EC

   The following ML categories with sub-points are a subset of the list of defence-related products as laid down in the Annex to Directive 2009/43/EC. The general transfer licence for recipients certified in accordance with Article 9 of that Directive (‘GTL-CR’) shall, as a minimum, allow for the transfer of defence-related products specified through the ML categories hereunder. Member States may choose to include more ML categories with corresponding defence-related products in their GTL-CR.
   List of ML categories to be covered as a minimum:

               —

               ML 6. All goods are included, except:

                           —

                           complete vehicles

                           —

                           chassis and turrets

                           —

                           equipment and components excluded from other categories in the same general transfer licence.

               —

               ML 9. All goods, except:

                           —

                           complete vessels and submarines

                           —

                           underwater detection devices and their specially designed components

                           —

                           air independent propulsion systems for submarines and their specially designed components

                           —

                           complete hulls

                           —

                           countermeasures

                           —

                           equipment and components excluded from other categories in the same general transfer licence.

               —

               ML 10. All goods, except:

                           —

                           complete aircraft

                           —

                           complete UAVs and components specially designed or modified for UAVs

                           —

                           fuselages for combat aircraft and combat helicopters

                           —

                           engines for combat aircraft

                           —

                           equipment and components excluded from other categories in the same general transfer licence.

               —

               ML 11. Sub-point (a). Only the following goods:

                           —

                           guidance and navigation equipment, except systems for MANPADS or as defined by MTCR I

                           —

                           automated command and control systems.

               —

               ML 13. Sub-points (c) and (d).

               —

               ML 15. Sub-points (b), (c) and (d).

               —

               ML 16. All goods, except:

                           —

                           Manpads-related goods

                           —

                           any items relating to goods the export of which is not allowed in the same general transfer licence

               —

               ML 17. Sub-points (a), (b), (d), (e), (j), (k), (l), (m), (n), (o) and (p). All goods, except:

                           —

                           sub-point (n): Test models are excluded if specially designed for the development of items specified by ML4, 6, 9 or 10 as well as components specially designed for these test models.

               —

               ML 21. Sub-point (a). Only the following goods and only if authorised under other categories in the same general transfer licence:

                           (a)

                           ‘Software’ specially designed or modified for any of the following:

                                       1.

                                       operation or maintenance of equipment laid down in the Annex to Directive 2009/43/EC;

                           (b)

                           specific ‘software’, other than the software specified in ML21.a, as follows:

                                       1.

                                       ‘software’ specially designed for military use and specially designed for modelling, simulating or evaluating military weapon systems;

                                       4.

                                       ‘software’ specially designed for military use and specially designed for command, communications, control and intelligence (C3I) or command, communications, control, computer and intelligence (C4I) applications.

               —

               ML 22. Sub-point (a). All technologies except those required for development and production and only if authorised under other categories in the same general transfer licence.

         1.2.   Conditions which shall be incorporated into the general transfer licence for certified recipients

   The following list of conditions is not exhaustive. However, other conditions added by a Member State in a GTL-CR shall not contradict or undermine the conditions listed below.

               —

               Geographic validity: European Economic Area (EU 28 + Iceland and Norway (3)).

               —

               Re-transfers within the EEA are allowed without ex ante controls; only ex post reporting could be required.

               —

               Re-export: Member States shall authorise the release from any export limitations in one or both of the following situations:

                           —

                           for integrated components in accordance with the objective of Article 4(8) of Directive 2009/43/EC,

                           —

                           where the end-user is located within the following countries: Australia, Canada, Japan, New Zealand, Switzerland, Liechtenstein and the United States of America.

                     In both cases of re-export, the national competent authority from the originating Member State may ask the supplier for a declaration of use to be provided by the recipient certified in accordance Article 9 of Directive 2009/43/EC.

               —

               For the purpose of ex post verification under the GTL-CR, Member States should ensure that suppliers report on the use of the GTL-CR in accordance with reporting minimum requirements as specified in Article 8(3) of Directive 2009/43/EC.

         2.   FOLLOW UP
   Member States are invited to give effect to this Recommendation by 1 July 2017 at the latest.
   Member States are encouraged to inform the Commission of the measures taken to give effect to this Recommendation.
   3.   ADDRESSEES
   This Recommendation is addressed to the Member States.

      Done at Brussels, 30 November 2016.

            For the Commission

         Elżbieta BIEŃKOWSKA

            Member of the Commission

      (1)  Directive 2009/43/EC of the European Parliament and of the Council of 6 May 2009 simplifying terms and conditions of transfers of defence-related products within the Community (OJ L 146, 10.6.2009, p. 1).

      (2)  Council Common Position 2008/944/CFSP of 8 December 2008 defining common rules governing control of exports of military technology and equipment (OJ L 335, 13.12.2008, p. 99).

      (3)  The EEA Joint Committee Decision No 111/2013 of 14 June 2013 (OJ L 318, 28.11.2013, p. 12), which incorporated Directive 2009/43/EC into the EEA Agreement included an explicit adaptation text: ‘This Directive shall not apply to Liechtenstein’.


title: Commission Recommendation (EU) 2017/1803 of 3 October 2017 on enhancing legal pathways for persons in need of international protection (notified under document C(2017) 6504)

text:
               7.10.2017

               EN

               Official Journal of the European Union

               L 259/21

         COMMISSION RECOMMENDATION (EU) 2017/1803
   of 3 October 2017
   on enhancing legal pathways for persons in need of international protection

         (notified under document C(2017) 6504)

   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 292 thereof,
   Whereas:

               (1)

               Resettlement is an important tool for offering protection to forcibly displaced persons and a clear demonstration of global solidarity with third countries to help them cope with large numbers of persons fleeing war or persecution. By substituting dangerous and irregular migration flows to the Union with safe and legal pathways, resettlement helps to save lives, contributes to reducing irregular migration and managing migratory pressure, and counters the narrative of smuggling networks. Resettlement is therefore also an important element of the EU's comprehensive asylum and migration policy.

               (2)

               In September 2015, the crisis in the Mediterranean prompted the Union institutions to immediately acknowledge the emergency situation due to exceptionally high migratory flows in the region and call for the adoption of short term and long term measures, from tackling migratory flows outside the EU to ensuring effective control of our external borders, reinforcing the EU return policy while at the same time reforming the Common European Asylum System (CEAS) and providing enhanced paths for safe and legal ways into the EU.

               (3)

               As part of the immediate measures and with a view to addressing the migratory crisis comprehensively and showing solidarity with third countries bearing the brunt of the global refugee crisis, the Commission on 8 June 2015 recommended an EU-wide scheme to resettle 20 000 people in need of international protection over two years (1). On 20 July 2015, Member States, together with Dublin Associated States, agreed to resettle 22 504 people in need of international protection from the Middle East, the Horn of Africa and North Africa (2).

               (4)

               In order to disrupt migrant smuggling networks and to offer migrants an alternative to putting their lives at risk, the EU and Turkey decided on 18 March 2016 to break the cycle of uncontrolled flows of migrants creating a humanitarian crisis and agreed on a number of actions including the resettlement of Syrians in need of international protection to the Member States.

               (5)

               Following the EU-Turkey Statement, the Council amended Council Decision (EU) 2015/1601 (3) to allow Member States to fulfil their relocation obligations in relation to 54 000 applicants through resettlement, humanitarian admission, or other forms of legal admission of Syrians in need of international protection from Turkey under their national and multilateral schemes.

               (6)

               The New York Declaration for Refugees and Migrants of 19 September 2016 adopted by all 193 United Nations Member States called for a more equitable sharing of the burden and responsibility for hosting and supporting the world's refugees. The United Nations Member States expressed their intention to expand the number and range of legal pathways available for refugees to be admitted to or resettled in third countries (4).

               (7)

               By 20 September 2017 more than 23 000 people have been resettled under the scheme agreed on 20 July 2015 and under the EU-Turkey Statement. The Member States have resettled further persons in need of international protection via their own national schemes.

               (8)

               In 2016 alone, Member States resettled 14 205 refugees, a significant increase compared to the 8 155 people resettled in 2015, 6 550 in 2014, and between 4 000 and 5 000 per year in the period 2010-2013. This increase shows the added value and potential of EU-level cooperation and coordination in the area of resettlement. It also shows the importance of appropriate funding for resettlement from the EU budget as EUR 293.3 million has been committed for the period 2014-2017.

               (9)

               Member States who have not yet implemented their committed pledges under the current schemes should do so without delay. Any pledges remaining after the expiry of both schemes should be carried over to the next resettlement pledging exercise and be in addition to the new pledges that Member States will make.

               (10)

               The EU needs to move from ad-hoc resettlement and humanitarian admission schemes to a stable framework for resettlement to the EU. To this end, the proposal for a Union Resettlement Framework (5) to provide safe and legal pathways to international protection for those in need was put forward by the Commission as part of the overhaul of the EU asylum system. The swift adoption of the proposal is an important element for a more efficient, fair and stable European policy on asylum and migration.

               (11)

               In order to ensure continued resettlement until a Union Resettlement Framework is in place, the Commission at the 8th Resettlement and Relocation Forum on 4 July 2017 invited Member States to submit ambitious resettlement pledges, based on the agreed priorities for this period and also in line with the United Nations High Commissioner for Refugees (UNHCR) Global Projected Needs for 2018.

               (12)

               The purpose of this Recommendation is to ensure that resettlement efforts can continue in the period between the end of the current EU resettlement schemes and the operationalisation of the Union Resettlement Framework and follow up to the pledging exercise launched on 4 July 2017 in the light of emerging additional needs as set out in the UNHCR Projected Global Resettlement Needs for 2018.

               (13)

               The Recommendation aims to support Member States' continuous efforts in providing and enhancing legal and safe channels for people in need of international protection. Member States' actions in line with this Recommendation will show solidarity to third countries where a large number of persons in need of international protection is displaced, contribute to international resettlement initiatives and contribute to a better overall management of the migratory situation. The objectives of this Recommendation are therefore in line with the proposal for a Union Resettlement Framework.

               (14)

               The choice of priority regions is based on the need to continue implementing the EU-Turkey Statement of 18 March 2016, including via the future Voluntary Humanitarian Admission Scheme (VHAS), to continue resettlement from Jordan and Lebanon and to follow-up on the announcement in the ‘Action plan on measures to support Italy, reduce pressure along the Central Mediterranean route and increase solidarity’ (6) to resettle from the key African countries along and leading to the Central Mediterranean migratory route, including Libya, Niger, Chad, Egypt, Ethiopia, and Sudan.

               (15)

               The pledging exercise launched on 4 July 2017 has by 20 September resulted in around 14 000 pledges submitted by Member States. Stronger engagement by all Member States is needed in order to contribute to a common effort to save lives and offer credible alternatives to irregular movements.

               (16)

               The global resettlement needs stand at 1,2 million persons and the UNHCR has repeatedly called on all countries to progressively increase the size of their resettlement programmes in line with the intentions expressed in the New York Declaration for Refugees. Against this background and building on the progress achieved since 2015, the Union should offer at least 50 000 resettlement places to admit by 31 October 2019 persons in need of international protection from third countries.

               (17)

               To support Member States in implementing this target EUR 500 million should be made available from the Union budget. Subject to the conditions of the Asylum Migration and Integration Fund (AMIF) Member States can receive a lump sum of EUR 10 000 per resettled person from priority regions.

               (18)

               UNHCR is planning a temporary mechanism for emergency evacuation of the most vulnerable groups of migrants from Libya. The EU should, together with other global actors, contribute to this mechanism so that it has a real impact in allowing the most vulnerable persons in need of international protection and who are now in Libya to have access to resettlement opportunities. Irregular migration will only stop if there is a real alternative to perilous journeys. When considering their resettlement pledges Member States should therefore also take into account and support this UNHCR initiative.

               (19)

               In a Joint Statement on Addressing the Challenge of Migration and Asylum of 28 August 2017 the representatives of France, Germany, Italy, Spain and the High Representative/Vice President of the Union for Foreign Affairs and Security Policy, together with the representatives of Niger and Chad, and the Chairman of the Presidential Council of Libya recognised the need, as smuggler-driven migration is reduced, to organise the resettlement of people in need of international protection who are particularly vulnerable.

               (20)

               At least 50 000 resettlement places to be offered by the Union from the priority regions will contribute to global solidarity initiatives in scaling up legal pathways, including the UNHCR's recent global call for 40 000 places for resettlement from the countries along the Central Mediterranean route in 2018.

               (21)

               To ensure monitoring of the implementation, Member States should report on a monthly basis to the Commission on persons resettled to their territory in line with their pledges, specifying the country from which the person has been resettled.

               (22)

               The Commission should review the progress in the implementation of this Recommendation by 31 October 2018. On the basis of this review and taking into account the overall migratory situation in the EU and globally Member States may be invited to further revise their pledges.

               (23)

               This recommendation should be addressed to the Member States. The Associated States are invited to contribute to common European resettlement efforts,

         HAS ADOPTED THIS RECOMMENDATION:

      INCREASING RESETTLEMENT PLEDGES

               (1)

               Building on the experience achieved in the implementation of the current EU resettlement schemes and in order to bridge the transition between these schemes and the Union Resettlement Framework Member States should offer at least 50 000 resettlement places to admit by 31 October 2019 persons in need of international protection from third countries.

               (2)

               Member States who have not yet submitted their pledges under the resettlement pledging exercise launched by the Commission on 4 July 2017 should do so no later than by 31 October 2017 and those who have already done so should consider increasing their pledges in order to achieve the target.

               (3)

               Member States should focus their pledges:

                           (a)

                           to ensure continued resettlement from Turkey of Syrians and third country nationals and stateless persons displaced by the conflict in Syria in order to support the implementation of the EU-Turkey Statement of 18 March 2016, including via the future Voluntary Humanitarian Admission Scheme (VHAS);

                           (b)

                           to ensure continued resettlement from Lebanon and Jordan;

                           (c)

                           to contribute to the stabilisation of the situation in the central Mediterranean by resettling persons in need of protection from Libya, Niger, Chad, Egypt, Ethiopia and Sudan, including by supporting the UNHCR's temporary mechanism for emergency evacuation of the most vulnerable groups of migrants from Libya.

               (4)

               Member States are invited to resettle in fulfilment of their pledges as soon as possible, in close cooperation with UNHCR and with support from EASO as appropriate.

      MONITORING

               (5)

               Member States should communicate to the Commission on a monthly basis the number of persons resettled to their territory in fulfilment of their pledges, specifying the country from which the person has been resettled.

      FINANCIAL SUPPORT

               (6)

               Member States should make full use of the financial support of EUR 500 million that is made available through the Asylum, Migration and Integration Fund for the fulfilment of the resettlement pledges referred to in this Recommendation.

      REVIEW

               (7)

               The Commission will review this Recommendation by 31 October 2018. Following the Commission's review of the implementation of this Recommendation and taking into account the overall migratory situation in the EU and globally, Member States may be invited to further update their pledges as appropriate.

      ADDRESSEES

               (8)

               This Recommendation is addressed to the Member States.

      Done at Brussels, 3 October 2017.

            For the Commission

         Dimitris AVRAMOPOULOS

            Member of the Commission

      (1)  Commission Recommendation of 8 June 2015 on a European resettlement scheme — C(2015) 3560 final.

      (2)  Conclusions of the Representatives of the Governments of the Member States meeting within the Council of 20 July 2015.

      (3)  Council Decision (EU) 2016/1754 of 29 September 2016 amending Decision (EU) 2015/1601 establishing provisional measures in the area of international protection for the benefit of Italy and Greece (OJ L 268, 1.10.2016, p. 82).

      (4)  New York Declaration for Refugees and Migrants; available at: http://www.unhcr.org/new-york-declaration-for-refugees-and-migrants.html.

      (5)  COM(2016) 468 final.

      (6)  SEC(2017)339.


title: Recommendation of the EFTA Surveillance Authority No 3/05/COL of 19 January 2005 on the monitoring of background levels of dioxins and dioxin-like PCBs in feedingstuffs

text:
               6.10.2005

               EN

               Official Journal of the European Union

               L 260/21

      RECOMMENDATION OF THE EFTA SURVEILLANCE AUTHORITY

   No 3/05/COL
   of 19 January 2005
   on the monitoring of background levels of dioxins and dioxin-like PCBs in feedingstuffs
   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 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 fee (1)), as amended, and as adapted to the EEA Agreement by Protocol 1 thereto,
   Having regard to the EFTA Surveillance Authority Decision 303/04/COL of 1 December 2004, whereby the competent Member of the College is instructed to adopt the Recommendation if the draft Recommendation is in accordance with the opinion of the EFTA Plants and Animal Feedingstuffs Committee,
   Whereas:

               (1)

               The Act referred to at point 33 of Chapter II of Annex I to the EEA Agreement (Directive 2002/32/EC) establishes maximum levels for dioxins in feed materials and compound feedingstuffs.

               (2)

               Although from a toxicological point of view, the maximum level should include dioxins, furans and dioxin-like PCBs, maximum levels have been set only for dioxins and furans and not for dioxin-like PCBs, given the very limited data available on the prevalence of the latter. The abovementioned Act provides for a review of the maximum levels for the first time by 31 December 2004 at the latest in the light of new data on the presence of dioxins and dioxin-like PCBs, in particular with a view to the inclusion of dioxin-like PCBs in the levels to be set.

               (3)

               It is necessary to generate reliable data across the EEA on the presence of dioxin-like PCBs in the widest range of products intended for animal feed (as defined in the relevant Act referred) in order to have a clear picture of the time trends in background presence of these substances in products intended for animal feed.

               (4)

               The relationship between the presence of dioxins, furans, dioxin-like PCBs and non-dioxin-like PCBs is important but to a large extent unknown. It is therefore appropriate to analyse the selected samples also for non-dioxin-like PCBs where possible.

               (5)

               According to Article 4(2) of the Act, the EFTA States shall transmit to the EFTA Surveillance Authority all relevant information and findings of the source and the measures taken to reduce the level or elimination of undesirable substances.

               (6)

               It is important that EFTA States participate in the monitoring of background levels of dioxins and dioxin-like PCBs in feedingstuffs and that these data are reported on a regular basis to the EFTA Surveillance Authority.

               (7)

               In accordance with Article 2(1) of Protocol 1 of the Surveillance and Court Agreement, the EFTA Surveillance Authority shall pass on that information to the European Commission.

               (8)

               The participation of the EFTA States in the programmes within the scope of Annex I to this Recommendation will have to be evaluated with respect to their exemptions from Chapter II of Annex I to the EEA Agreement.

               (9)

               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 TO THE EFTA STATES:

               1.

               That EFTA States perform from the year 2004 onwards until 31 December 2006 the monitoring of the background presence of dioxins, furans and dioxin-like PCBs in products intended for animal feed using the recommended minimum frequency of samples to be analysed yearly, as foreseen in the table of Annex I as guidance. The frequency of the samples should be reviewed each year in the light of the experience gained.

               2.

               That EFTA States provide on a regular basis to the EFTA Surveillance Authority the data with the information and in the format as foreseen in Annex II for compilation into one database. It is appropriate that data from recent years obtained by making use of a method of analysis complying with the requirements laid down by the Act referred to at point 1 zc of Chapter II of Annex I to the EEA Agreement (Commission Directive 2002/70/EC of 26 July 2002 establishing requirements for the determination of levels of dioxins and dioxin-like PCBs in feedingstuffs (2)) and reflecting background levels are also provided.

               3.

               That EFTA States, if possible, also perform analysis on non-dioxin-like PCBs in the same samples.

      Done at Brussels, 19 January 2005.

            For the EFTA Surveillance Authority

         Bernd HAMMERMANN

            College Member

      (1)  OJ L 140, 30.5.2002, p. 10. Directive as last amended by Commission Directive 2005/8/EC (OJ L 27, 29.1.2005, p. 44).

      (2)  OJ L 209, 6.8.2002, p. 15. Directive as amended by Directive 2005/7/EC (OJ L 27, 29.1.2005, p. 41).

      ANNEX I

         Table: Overview of the recommended minimum number of feed samples to analyse yearly. Distribution of samples is based on production and/or use in each country. Particular attention is paid to feed materials and compound feedingstuffs expected to have a larger variation in background levels of dioxins, furans and dioxin-like PCBs.

                  Total number of samples recommended for each country

                  Feed materials, additives, premixtures

                  Compound feedingstuffs

                  Plant origin

                  Minerals

                  Trace elements, binders, anti-caking agents

                  Premixtures — all species

                  Animal origin

                  Total

                  Terrestrial animals

                  Fish

                  Total

                  Country

                  Number

                  Cereals, grains, their products and by-products

                  Oil seeds, oil fruits, their products and by-products/legume seeds, their products and by-products

                  Forages and roughages

                  Other feed materials of plant origin

                  Animal fat/animal products (including milk powder and egg products)

                  Fish oil

                  Fish meal

                  Number

                  Cattle

                  Pigs

                  Poultry

                  Other (rabbit, horse, pet food)

                  Fish

                  Number

                  Iceland

                  67

                  3

                  3

                  3

                  2

                  1

                  1

                  2

                  3

                  19

                  16

                  53

                  3

                  3

                  3

                  2

                  3

                  14

                  Norway

                  127

                  5

                  5

                  5

                  3

                  3

                  3

                  5

                  3

                  13

                  15

                  60

                  3

                  3

                  3

                  2

                  56

                  67

      ANNEX II
      A.   Explanatory notes to the form for analytical results of dioxins, furans and dioxin-like PCBs and other PCBs in feed
      1.   GENERAL INFORMATION ABOUT THE SAMPLES ANALYSED
      Country: name of the Member State where the monitoring has been carried out.
      Year: the year the monitoring was carried out.
      Product: feed item analysed — use, if possible, for feed materials the terminology of Council Directive 1996/25/EC of 29 April 1996 on the circulation and use of feed materials. In the case of compound feed the composition is very useful information.
      Stage of marketing: place where the product (sample) was collected.
      Expression of results: the results have to be reported on product basis. The results are to be expressed on the basis on which the maximum levels have been established (relative to a feedingstuff with a moisture content of 12 % — Directive 2002/32/EC). In case of the analysis of non-dioxin-like PCBs, it is highly recommended to express the levels on the same basis.
      Type of sampling: random sampling — analytical results from targeted sampling can also be reported but it must be clearly indicated that the sampling was targeted and does not necessarily reflect normal background levels.
      Methods: refer to the method used.
      Accredited: specify if the analytical method is accredited or not.
      Uncertainty (%): the percentage of the measurement uncertainty embodied in the analytical method.
      2.   SPECIFIC INFORMATION ABOUT THE SAMPLES ANALYSED
      Sample No: number of samples of same kind of product analysed. If you have results of more samples than there are marked columns, just add new columns with number at the end of the form.
      Method of production: conventional/organic (as detailed as possible).
      Area: insofar relevant, district or region where the sample was collected, if possible with indication if it concerns rural area, urban area, industrial zone, harbour, open sea, etc. E.g. Brussels — urban area, Mediterranean — open sea.
      Number of subsamples: if the analysed sample is a pooled sample, the number of subsamples (number of individuals) should be notified. If the analytical result is just based on one sample, 1 should be notified. Number of subsamples in a pooled sample could vary, so please specify this for every sample.
      Fat content (%): the percentage of fat content in the sample (if available).
      Moisture content (%): the percentage of moisture content in the sample (if available).
      3.   RESULTS
      Dioxins, furans, dioxin-like PCBs: results of every congener should be reported in ppt — nanogram/kilo (ng/kg).
      Non-dioxin-like PCBs: results of every congener should be reported in ppb — microgram/kilo (μg/kg).
      LOQ: limit of quantification in ng/kg or μg/kg (for non-dioxin-like PCBs).
      LOD: limit of detection in ng/kg or μg/kg (for non-dioxin-like PCBs).
      For congeners analysed but below the LOD (limit of detection) the case of results should be filled in as < LOD (the LOD should be reported as a value). For congeners analysed but being below LOQ (limit of quantification) the case should be filled in as < LOQ (the LOQ should be reported as a value).
      For PCB congeners analysed in addition to the PCB-7 and dioxin-like PCBs the number of the PCB congener need to be added to the form, e.g. 31, 99, 110, etc. If the sample is analysed for more PCB congeners than there are marked rows, just add new rows at the bottom of the form.
      4.   REMARKS
      Besides the lipid extraction methods used, additional relevant remarks to the submitted data can be mentioned.
      B.   Form for reporting of congener specific analytical results of dioxins, furans, dioxin-like PCBs and other PCBs in feed


title: Council Recommendation of 10 July 2012 on the National Reform Programme 2012 of Estonia and delivering a Council Opinion on the Stability Programme of Estonia, 2012-15

text:
               24.7.2012

               EN

               Official Journal of the European Union

               C 219/25

         COUNCIL RECOMMENDATION
   of 10 July 2012
   on the National Reform Programme 2012 of Estonia and delivering a Council Opinion on the Stability Programme of Estonia, 2012-15
   2012/C 219/07
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Articles 121(2) and 148(4) thereof,
   Having regard to Council Regulation (EC) No 1466/97 of 7 July 1997 on the strengthening of the surveillance of budgetary positions and the surveillance and coordination of economic policies (1), and in particular Article 5(2) thereof,
   Having regard to the recommendation of the European Commission,
   Having regard to the conclusions of the European Council,
   Having regard to the opinion of the Employment Committee,
   After consulting the Economic and Financial Committee,
   Whereas:

               (1)

               On 26 March 2010, the European Council agreed to the Commission’s proposal to launch a new strategy for jobs and growth, Europe 2020, based on enhanced coordination of economic policies, which focuses on the key areas where action is needed to boost Europe’s potential for sustainable growth and competitiveness.

               (2)

               On 13 July 2010, the Council adopted a recommendation on the broad guidelines for the economic policies of the Member States and the Union (2010 to 2014) and, on 21 October 2010, adopted a decision on guidelines for the employment policies of the Member States (2), which together form the ‘integrated guidelines’. Member States were invited to take the integrated guidelines into account in their national economic and employment policies.

               (3)

               On 12 July 2011, the Council adopted a recommendation (3) on Estonia’s National Reform Programme for 2011 and delivered its opinion on Estonia’s Stability Programme for 2011-15.

               (4)

               On 23 November 2011, the Commission adopted the second Annual Growth Survey, marking the start of the second European semester of ex ante and integrated policy coordination, which is anchored in the Europe 2020 strategy. On 14 February 2012, the Commission, on the basis of 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 (4), adopted the Alert Mechanism Report, in which it did not identify Estonia as one of the Member States for which an in-depth review would be carried out.

               (5)

               On 1 December 2011, the Council adopted conclusions calling the Social Protection Committee, in cooperation with the Employment and other Committees, to present its views on actions recommended within the Europe 2020 policy cycle. These views form part of the opinion of the Employment Committee.

               (6)

               The European Parliament has been duly involved in the European Semester, in accordance with Regulation (EC) No 1466/97, and, on 15 February 2012, adopted a resolution on employment and social aspects in the Annual Growth Survey 2012 and a resolution on the contribution to the Annual Growth Survey 2012.

               (7)

               On 2 March 2012, the European Council endorsed the priorities for ensuring financial stability, fiscal consolidation and action to foster growth. It underscored the need to pursue differentiated, growth-friendly fiscal consolidation, to restore normal lending conditions to the economy, to promote growth and competitiveness, to tackle unemployment and the social consequences of the crisis, and to modernise public administration. It invited Member States to implement the Council’s country-specific recommendations for 2011 and to translate these priorities into concrete measures to be included in their Stability or Convergence Programmes and their National Reform Programmes.

               (8)

               On 2 March 2012, the European Council also invited the Member States participating in the Euro Plus Pact to present their commitments in time to be included in their Stability or Convergence Programmes and their National Reform Programmes.

               (9)

               On 26 April 2012, Estonia submitted its Stability Programme covering the period 2012-15 and its 2012 National Reform Programme. In order to take account of their interlinkages, the two Programmes have been assessed at the same time.

               (10)

               Based on the assessment of the Stability Programme pursuant to Article 5(1) of Regulation (EC) No 1466/97, the Council is of the opinion that the macroeconomic scenario underpinning the budgetary projections in the Programme is plausible in 2012-13, when GDP growth is expected to average around 2,4 %. The Commission services’ 2012 spring forecast foresees GDP growth of 3,8 % in 2013. The objective of the budgetary strategy outlined in the Stability Programme is to ensure sustainable fiscal policy that supports balanced growth, by achieving a structural surplus while ensuring sufficient fiscal buffers and reducing the tax burden on labour. The strategy also aims at fulfilling the requirements of the Stability and Growth Pact. The Stability Programme aims at overachieving the medium-term budgetary objective (MTO) of a structural surplus as of 2013.
               The MTO adequately reflects the requirements of the Stability and Growth Pact. Based on the (recalculated) structural budget balance (5), the rate of growth of government expenditure, taking into account discretionary revenue measures, will meet the expenditure benchmark of the Stability and Growth Pact by 2015. In parallel, the Stability Programme aims at reaching headline surpluses as of 2014. The debt ratio is well below 60 % of GDP and, according to the programme, is likely to decrease after 2013 to about 10 % in 2015.

               (11)

               Estonia achieved a sizeable budget surplus in 2011. The projected rate of economic growth for 2012 in the Commission services’ 2012 spring forecast looks much weaker than for 2011, dropping from 7,6 % to 1,6 %, and therefore further control over efficiency of spending is necessary. Estonia plans to introduce a structural budget rule in 2012 to help keep control over expenditure. The rule should be complemented by strengthening the binding nature of the multiannual expenditure targets as soon as the budget rule is in place. Thus, Estonia has partially implemented the 2011 recommendation in this area.

               (12)

               As regards the labour market, a number of steps have been made in the area of labour taxation. However, the incentives to work can be improved by addressing the rising trend in take-up of disability and incapacity-for-work benefits and by making work pay for low and high-income earners receiving unemployment and parental benefits. While promising efforts have been made to reduce the high unemployment, long-term and youth unemployment is still high. As a result, the poverty risk of children in jobless households is increasing and needs to be addressed by effective social services, including family services. The family support itself could be made more efficient in a budget-neutral way by better targeting the allocation of parental and family benefits and by removing inefficient income tax exemptions related to children.

               (13)

               The measures in the National Energy Efficiency Action Plan are still insufficient given the current trend of modal shift away from public transport. The fleet of new cars in Estonia is the most energy intensive in EU. Fuel excise duties are insufficient in shifting consumer patterns. The transposition of several energy-related EU Directives has not yet been fully completed. Estonia still needs to diversify its energy supply. The electricity infrastructure could be upgraded to integrate increasing amounts of wind energy.

               (14)

               The quality and availability of vocational education has considerably improved and more modernisation measures are planned for 2012-13. However, the transition from general education to vocational education needs to be improved, and a generalisation of more work-based schemes could be considered. Lifelong learning participation is improving, but there is an insufficient focus on low-skilled workers. There are continuing problems with matching education outcomes with labour market needs. There is also a need to urgently reform upper-secondary education and for further improvement in the provision of education services by local authorities. Also, cooperation between the business sector and higher education institutions continues to be weak, while the knowledge-intensive part of the private sector should be further developed.

               (15)

               To reflect the declining demographic trend and ensure a balanced and competitive regional development, there is a longer-term need to ensure financial sustainability of local governments as well as to ensure a better provision of public services at local level and optimise the use of relatively dispersed resources. Being limited in size, the majority of local governments have difficulties in universally delivering the necessary social, health, labour market, transport and educational services.

               (16)

               Estonia has made a number of commitments under the Euro Plus Pact. These commitments, and the implementation of the commitments presented in 2011, relate to fostering employment, improving competitiveness and enhancing sustainability of public finances. The Commission has assessed the implementation of the Euro Plus Pact commitments. The results of this assessment have been taken into account in the recommendations.

               (17)

               In the context of the European Semester, the Commission has carried out a comprehensive analysis of Estonia’s economic policy. It has assessed the Stability Programme and the National Reform Programme. It has taken into account not only their relevance for sustainable fiscal and socioeconomic policy in Estonia but also their compliance with EU rules and guidance, given the need to reinforce the overall economic governance of the Union by providing EU-level input into future national decisions. Its recommendations under the European Semester are reflected in recommendations (1) to (5) below.

               (18)

               In the light of this assessment, the Council has examined the Stability Programme, and its opinion (6) is reflected in particular in recommendation (1) below,

         HEREBY RECOMMENDS that Estonia take action within the period 2012-13 to:

               1.

               Preserve a sound fiscal position by implementing budgetary plans as envisaged, ensuring achievement of the MTO by 2013 at the latest, and compliance with the expenditure benchmark. Complement the planned budget rule with more binding multiannual expenditure rules within the medium-term budgetary framework, continue enhancing the efficiency of public spending and implementing measures to improve tax compliance.

               2.

               Improve incentives to work by streamlining the social benefits system and increasing flexibility in the allocation of disability, unemployment and parental benefits, while ensuring adequate social protection. Improve delivery of social services, while better targeting family and parental benefits and removing distortionary income tax exemptions related to children. Increase the participation of the young and the long-term unemployed in the labour market.

               3.

               Link training and education more effectively to the needs of the labour market, and enhance cooperation between businesses and academia. Increase opportunities for low-skilled workers to improve their access to lifelong learning. Foster prioritisation and internationalisation of the research and innovation systems.

               4.

               Improve energy efficiency, in particular in buildings and transport, and strengthen environmental incentives concerning vehicles and waste, including by considering incentives such as the taxation of vehicles. Foster renewable energy use, including through upgraded infrastructure and legislation. Continue the development of cross-border connections to end relative market isolation.

               5.

               Enhance fiscal sustainability of municipalities while improving efficiency of local governments and ensure effective service provision, notably through stronger incentives for the merger of or increased cooperation between municipalities. Relevant reform proposals should be put in place within a reasonable timeframe.

      Done at Brussels, 10 July 2012.

            For the Council

            The President

         V. SHIARLY

      (1)  OJ L 209, 2.8.1997, p. 1.

      (2)  Maintained for 2012 by Council Decision 2012/238/EU of 26 April 2012 on guidelines for the employment policies of the Member States (OJ L 119, 4.5.2012, p. 47).

      (3)  OJ C 213, 20.7.2011, p. 5.

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

      (5)  Cyclically-adjusted balance net of one-off and temporary measures, recalculated by the Commission services on the basis of the information provided in the Programme, using the commonly agreed methodology.

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


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

text:
               18.8.2016

               EN

               Official Journal of the European Union

               C 299/101

         COUNCIL RECOMMENDATION
   of 12 July 2016
   on the 2016 National Reform Programme of Luxembourg and delivering a Council opinion on the 2016 Stability Programme of Luxembourg
   (2016/C 299/24)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Articles 121(2) and 148(4) thereof,
   Having regard to Council Regulation (EC) No 1466/97 of 7 July 1997 on the strengthening of the surveillance of budgetary positions and the surveillance and coordination of economic policies (1), and in particular Article 5(2) thereof,
   Having regard to the recommendation of the European Commission,
   Having regard to the resolutions of the European Parliament,
   Having regard to the conclusions of the European Council,
   Having regard to the opinion of the Employment Committee,
   Having regard to the opinion of the Economic and Financial Committee,
   Having regard to the opinion of the Social Protection Committee,
   Having regard to the opinion of the Economic Policy Committee,
   Whereas:

               (1)

               On 26 November 2015, the Commission adopted the Annual Growth Survey, marking the start of the 2016 European Semester for economic policy coordination. The priorities of the Annual Growth Survey were endorsed by the European Council on 17-18 March 2016. On 26 November 2015, on the basis of Regulation (EU) No 1176/2011 of the European Parliament and of the Council (2), the Commission adopted the Alert Mechanism Report, in which Luxembourg was not identified as one of the Member States for which an in-depth review would be carried out. On the same day, the Commission adopted a recommendation for a Council Recommendation on the economic policy of the euro area. That Recommendation was endorsed by the European Council on 18-19 February 2016 and adopted by the Council on 8 March 2016 (3). As a country whose currency is the euro and in view of the close interlinkages between the economies in the economic and monetary union, Luxembourg should ensure the full and timely implementation of the Recommendation.

               (2)

               The country report for Luxembourg was published on 26 February 2016. It assessed Luxembourg's progress in addressing the country-specific recommendations adopted by the Council on 14 July 2015 and Luxembourg's progress towards its national Europe 2020 targets.

               (3)

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

               (4)

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

               (5)

               Luxembourg is currently in the preventive arm of the Stability and Growth Pact. In its 2016 Stability Programme, the Government plans to achieve a balanced budget in 2017 and small surpluses thereafter, reaching 0,4 % of GDP by 2020. The medium-term budgetary objective will continue to be met throughout the programme period. However, in its Stability Programme, Luxembourg announces that the medium-term budgetary objective will change from a structural surplus of 0,5 % of GDP until 2016 to a structural deficit of 0,5 % of GDP as from 2017. According to the Stability Programme, the government debt-to-GDP ratio is expected to gradually increase to 23,5 % of GDP in 2020. The macroeconomic scenario underpinning these budgetary projections is plausible, with the exception of 2017 and 2018 when it is favourable. Based on the Commission 2016 spring forecast, the structural surplus is projected to decrease to 1,4 % of GDP in 2016 and further to 0,3 % of GDP in 2017, thereby remaining above the medium-term budgetary objective. Possible future deviations would be assessed against the requirement to maintain the structural balance at the medium-term budgetary objective, bearing in mind the need to ensure the long-term sustainability of public finances, in particular in the area of pensions. Based on its assessment of the Stability Programme and taking into account the Commission 2016 spring forecast, the Council is of the opinion that Luxembourg is expected to comply with the provisions of the Stability and Growth Pact.

               (6)

               The Luxembourg authorities have announced the main lines of a comprehensive tax reform that should enter into force in 2017. The reform foresees amendments mostly in the area of direct taxation, both for individuals and corporations. It aims at a gradual reduction in the corporate income tax rate (with the aim of increasing competitiveness) and increased progressivity of personal income tax (with the aim of increasing fairness). At the same time, the increase of certain tax expenditures, in particular with regard to housing, risks narrowing the tax base. Some international developments may also affect the design of the Luxembourg tax system and highlight the fragility of at least a share of the fiscal revenues. To ensure their predictability, there is scope for further broadening of the tax base, in particular by revisiting the currently low taxation on housing property and making greater use of alternative sources, including environmental taxation. In that respect, the repeal of the intellectual property box allows some broadening of the corporate tax base. The adoption and implementation of the tax reforms will continue to be monitored closely under the European Semester.

               (7)

               The Luxembourg authorities have sought to diversify the economy, acknowledging the risks associated with heavy dependence on the financial sector. Given the high level of labour costs in the country, activities with higher added value offer the potential to unlock alternative sources of growth. The successful diversification of Luxembourg's economy therefore depends to a large extent on those sectors that are less sensitive to labour cost levels. They are largely based on research and innovation, which tend to be technology- and knowledge-intensive. Further expansion of the already successful non-financial service sector could also help diversify the economy. Reducing or removing existing barriers to investment and innovation that limit economic development would unleash the potential for innovation and help diversification. While public investment is above the euro area average, private investment is underperforming. Sustaining a high level of investment is essential to maintaining growth prospects. The analysis in the country report shows that Luxembourg is the country with the most restrictive regulation in the Union for business services and retail establishment. The main restrictions concern shareholding requirements, voting rights and multidisciplinary limitations in the business services sector as well as operational and establishment requirements in the retail sector.

               (8)

               The continuous increase in house prices in recent decades, together with projected strong population and employment dynamics over the coming years, could become an obstacle to the envisaged increase in population and labour force. That prospect is all the more likely as the economy depends largely on the input of high-skilled workers from the neighbouring countries, who represent around one-third of overall employment. The dynamism of residential real estate prices is driven by a mismatch between demand and supply, in particular the lack of available and affordable housing. Insufficient availability of land for new construction and suboptimal administrative performance regarding procedures to grant building permits hinder the flexibility of housing supply. An important part of the tax subsidies available under current policies are also likely to be capitalised into house prices, given the rigid housing supply. Efforts aimed at providing social housing at affordable prices could also be stepped up. The current housing market not only deters households from establishing their residence in Luxembourg but also exacerbates the problem of traffic congestion and pollution. The new demographic projections in the 2015 ageing report also add pressure to remove bottlenecks to investment in the fields of transport and housing and should be reflected in the four forthcoming sectoral plans on housing, transport, economic activity zones and green landscapes.

               (9)

               Achievement of economic diversification may be constrained by the fact that wage developments in some sectors may not be in line with productivity developments. This further limits the sectors that can be targeted, mainly to those with high added value. Over the last decade, unit labour costs in Luxembourg have grown faster than in most euro area Member States. Economy-wide automatic wage indexation plays a role in limiting wage variation across sectors and may prevent labour productivity differentials from being taken into account. However, the protracted low inflation environment has delayed the triggering of the automatic wage adjustment and contributed to moderate wage developments. In parallel with weak wage developments and the surge in output, cost-competitiveness losses have abated. In that context, monitoring of wage developments is warranted.

               (10)

               Age-related liabilities remain a risk in the long term, in particular as regards pension costs. Luxembourg has made limited progress in relation to closing the gap between the statutory and effective retirement age, by limiting early retirement. In July 2015, a draft law modifying early retirement schemes was presented to the Parliament. However, while one scheme will be abolished, accessibility conditions for other pre-retirement schemes will be partially eased. A law on the reclassification of workers with working disabilities was adopted in July 2015 and has been implemented since 1 January 2016. The law increased the possibilities for workers with working disabilities to remain in the labour market and consequently implies a reduction in the number of people entering an early retirement scheme. Early retirement remains widespread and incentives to work longer are limited. A complete strategy on age policy to keep older workers longer in employment and provide incentives and skills to get them back to work is still missing. The ‘age pact’, aiming at fostering retention of older workers by firms with more than 150 employees, is still being discussed in the Parliament.

               (11)

               According to the 2012 pension reform, an exercise to monitor and evaluate the sustainability of the pension system should be carried out every five years from the adoption of the reform. The Government confirmed its intention to advance the evaluation to 2016, rather than 2017 as originally planned, and created a Pension Working Group tasked with carrying out the evaluation. There has been no progress in linking statutory retirement age to life expectancy, as previously recommended by the Council. Luxembourg stands out as the only Member State where no further raising of the statutory and early retirement ages has been laid down for the period between 2013-2060. In the 2015 Ageing Report, the projected increase in age-related expenditure is revised downward, but the revision is almost exclusively explained by more favourable demographic projections, in a context where no new reforms have been adopted. Even after the revision, the projected increase in pension expenditure remains the highest in the Union. Moreover, Luxembourg faces risks related to the expected increase of long-term care expenditure, one of the highest as a share of GDP of all Member States. This, in turn, seems to be driven by the highest projected increase in the share of dependant population in the Union by 2060. Preparatory work on a reform to ensure the long-term sustainability of the long-term care insurance has been carried out.

               (12)

               In the context of the European Semester, the Commission has carried out a comprehensive analysis of Luxembourg's economic policy and published it in the 2016 country report. It has also assessed the Stability Programme and the National Reform Programme and the follow-up given to the recommendations addressed to Luxembourg in previous years. It has taken into account not only their relevance for sustainable fiscal and socioeconomic policy in Luxembourg but also their compliance with EU rules and guidance, given the need to strengthen the EU's overall economic governance by providing EU-level input into future national decisions. The recommendations under the European Semester are reflected in recommendations (1) and (2) below.

               (13)

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

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

               1.

               Ensure the long-term sustainability of public pensions by increasing the effective retirement age, by limiting early retirement and increasing incentives to work longer, and by aligning the statutory retirement age to changes in life expectancy.

               2.

               Remove barriers to investment and innovation that limit economic development in the business services sector. Address bottlenecks that hamper housing investment.

      Done at Brussels, 12 July 2016.

            For the Council

            The President

         P. KAŽIMÍR

      (1)  OJ L 209, 2.8.1997, p. 1.

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

      (3)  OJ C 96, 11.3.2016, p. 1.

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

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


Avis juridique important

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31986H0665

86/665/EEC: Council Recommendation of 22 December 1986 on standardized information in existing hotels

Official Journal L 384 , 31/12/1986 P. 0054 - 0059

COUNCIL RECOMMENDATION of 22 December 1986 on standardized  information in existing hotels (86/665/EEC)THE COUNCIL OF THE EUROPEAN  COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, and in particular Article  235 thereof, Having regard to the proposal from the Commission(1), Having regard to the opinion of the European Parliament(2), Having regard to the opinion of the Economic and Social Committee(3), Whereas Article 2 of the Treaty provides that the Community shall have as its task in particular to  promote throughout the Community a harmonious development of economic activities, a continuous and  balanced expansion and closer relations between the States belonging to it; whereas tourism can  help to achieve these objectives; Whereas the Council resolution of 10 April 1984 on a Community policy on tourism(4) invites the  Commission to present proposals, notably with a view to facilitating tourism within the Community; Whereas, to overcome language differences and to take account of other special local features, it  would be useful for travellers in all Member States to have standardized information on hotel  accommodation using symbols to convey the facilities available; Whereas the national tourist organizations responsible for tourist policy in the Member States or  other competent organizations should also be responsible for the implementation of a standardized  information system for hotels; Whereas most Member States have a grading system for hotels to describe their standard of comfort  and the facilities available; whereas in addition to the national grading systems there are also  commercial systems operated by private bodies; whereas the existing national and commercial grading  systems differ considerably; Whereas, because of the differing criteria applied at present, it has so far proved difficult to  elaborate a hotel grading system at Community level but it would nevertheless be desirable to  consider the possibility of doing so in future, HEREBY RECOMMENDS THAT: 1.Member States ask national tourist bodies or other competent bodies, in collaboration with bodies  representing hoteliers, to assume responsibility for implementing the proposed standardized  information system for hotels, taking into consideration the symbols set out in Annex II; whereas,  this responsibility implies collecting, checking and publishing information on hotels in accordance  with this recommendation; 2.Member States encourage the insertion of this standardized information in the official hotel  guides, if they exist; 3.Member States aim at ensuring that the official hotel guide contains the information listed in  Annex I; 4.Member States aim at ensuring that the prices of rooms are displayed at the hotel entrance and in  each room; 5.Member States, taking into consideration the symbols set out in Annex II, make every effort to  adopt and bring into force the appropriate national measures for the introduction of a standardized  information system in existing hotels within two years of the adoption of this recommendation; 6.Member States send to the Commission each year the official hotel guide(s) published in  accordance with this recommendation; INVITES the Commission to make an analysis, in cooperation with Member States, of their tourist  bodies and/or representatives of their hotel industries, of existing hotel-grading systems and to  examine the practical usefulness and the desirability of producing a Community-wide grading system  for hotels. Done at Brussels, 22 December 1986. For the CouncilThe PresidentG. SHAW (1)OJ N° C 114, 15. 5. 1986, p. 8.  (2)Opinion delivered on 12 December 1986 (not yet published in the Official Journal).  (3)OJ N° C 328, 22. 12. 1986, p. 1.  (4)OJ N° C 115, 30. 4. 1984, p. 1.   ANNEX I Suggested contents of official hotel guides -an introduction explaining how to  use the guide, with particular emphasis on the symbols used; this introduction should indicate when  the high, shoulder and low season prices apply on a national and/or regional basis, and all useful  information in the language of the country and at least two other languages; -lists of hotels giving: -their name, address, telephone and telex numbers, -number of rooms and details of their sanitary facilities, -opening period, -maximum price for a double room in the high season, inclusive of VAT, -distance from airport, railway station, and air terminal, -credit and payment cards accepted, -information on languages spoken, -standardized symbols for hotel facilities (see Annex II); -address to which any inaccuracies in the information contained in the guide may be reported.   ANNEX II Standardized symbols for hotel facilities  >START OF GRAPHIC><?aeLM11,><?aa8G>Building of historical or architectural interest >END OF GRAPHIC>>START OF GRAPHIC>Green surroundings >END OF GRAPHIC>>START OF GRAPHIC>Private car park >END OF GRAPHIC>>START OF GRAPHIC>Indoor swimming pool >END OF GRAPHIC>>START OF GRAPHIC>Outdoor swimming pool >END OF GRAPHIC>>START OF GRAPHIC>Tennis courts at or near hotel >END OF GRAPHIC>>START OF GRAPHIC>Sauna >END OF GRAPHIC>>START OF GRAPHIC>Accessible at night >END OF GRAPHIC>>START OF GRAPHIC>Telex available to clients >END OF GRAPHIC>>START OF GRAPHIC>Lift >END OF GRAPHIC>>START OF GRAPHIC>Meeting room available >END OF GRAPHIC>>START OF GRAPHIC>Television room >END OF GRAPHIC>>START OF GRAPHIC>Certain facilities for the disabled >END OF GRAPHIC>>START OF GRAPHIC>Facilities for children >END OF GRAPHIC>>START OF GRAPHIC>Dogs allowed >END OF GRAPHIC>>START OF GRAPHIC>Restaurant service >END OF GRAPHIC>>START OF GRAPHIC>Breakfast only >END OF GRAPHIC>>START OF GRAPHIC>Alcoholic drinks available >END OF GRAPHIC>>START OF GRAPHIC>Hairdresser's >END OF GRAPHIC>>START OF GRAPHIC>Dry cleaning and/or laundry service >END OF GRAPHIC>>START OF GRAPHIC>Room service >END OF GRAPHIC>>START OF GRAPHIC>Air-conditioned rooms >END OF GRAPHIC>>START OF GRAPHIC>Centrally heated rooms >END OF GRAPHIC>>START OF GRAPHIC>Radio in the rooms >END OF GRAPHIC>>START OF GRAPHIC>Television in the rooms >END OF GRAPHIC>>START OF GRAPHIC>Telephone in the rooms >END OF GRAPHIC>