Important legal notice

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31975H0004

75/4/EEC: Commission Recommendation of 27 November 1974 to the Danish Government concerning draft Orders implementing Council Regulations (EEC) No 2829/72, No 117/66/EEC, (EEC) No 516/72, (EEC) No 517/72 and Commission Regulations (EEC) No 1016/68 and (EEC) No 1172/72

Official Journal L 002 , 04/01/1975 P. 0025 - 0026

		Commission Recommendationof 27 November 1974to the Danish Government concerning draft Orders implementing Council Regulations (EEC) No 2829/72, No 117/66/EEC, (EEC) No 516/72, (EEC) No 517/72 and Commission Regulations (EEC) No 1016/68 and (EEC) No 1172/72(75/4/EEC)1. By letter of 16 July 1974, the Office of the Danish Permanent Representative to the European Communities forwarded to the Commission the texts of three draft Orders that the Danish Government proposes to adopt in the implementation of respectively:- Council Regulation (EEC) No 2829/72 [1] of 28 December 1972 on the Community quota for the carriage of goods by road between Member States;- Council Regulation No 117/66/EEC [2] of 28 July 1966 on the introduction of common rules for the international carriage of passengers by coach and bus and Commission Regulation (EEC) No 1016/68 [3] of 9 July 1968 prescribing the model control documents referred to in Articles 6 and 9 of Council Regulation No 117/66/EEC;- Council Regulation (EEC) No 516/72 [4] of 28 February 1972 on the introduction of common rules for shuttle services by coach and bus between Member States, Council Regulation (EEC) No 517/72 [5] of 28 February 1972 on the introduction of common rules for regular and special regular services by coach and bus between Member States and Commission Regulation (EEC) No 1172/72 [6] of 26 May 1972 prescribing the form of the documents referred to in Council Regulation (EEC) No 516/72 and Council Regulation (EEC) No 517/72.This communication constitutes consultation of the Commission within the meaning of Articles:- 7 of Regulation (EEC) No 2829/72,- 10 of Regulation No 117/66/EEC,- 6 of Regulation (EEC) No 1016/68,- 24 of Regulation (EEC) No 516/72,- 22 of Regulation (EEC) No 517/72.The communication from the Danish Government is also to be regarded for the purposes of Article 6 of Regulation (EEC) No 1172/72 as informing the Commission of the provisions that the Danish Government is intending to adopt.2. Before giving an opinion on the provisions submitted for consultation the Commission must express regret that the Danish Government was unable to adopt sooner measures implementing Regulation (EEC) No 2829/72, which entered into force on 1 January 1973 and did not comply with the deadline of 1 April 1973 specified in Articles 25 (b) and 23 (b) of Regulations (EEC) No 516/72 and (EEC) No 517/72 as regards the implementation of those Regulations.3. The Commission finds that the provisions of the draft Order implementing Regulation (EEC) No 2829/72 correspond, both in spirit and in general content with the requirements laid down in that Regulation. It regrets, however, that the Danish Government has not complied with the request made in its recommendation of 29 June 1973 to supplement the implementing provisions, particularly as regards penalties, on the basis of the recommendation of 9 June 1969 addressed to the Member States by the Commission concerning the implementation of the rules relating to the Community quota.The Commission therefore recommends that the Danish Government extend its draft Order in this manner.4. The Commission finds that the provisions of the draft Order implementing Regulations No 117/66/EEC and (EEC) No 1016/68 fulfil the obligations imposed on Member States by those Community Regulations.5. The Commission notes that Article 5 (1) of the draft Order implementing Regulations (EEC) No 516/72, (EEC) No 517/72 and (EEC) No 1172/72 lays down the condition to which the transfer of a regular service authorization or a special regular service authorization is subject, but does not provide for the transfer of the services concerned, which possibility is also specified in Article 22 of Regulation (EEC) No 517/72.Consequently, the Commission recommends the Danish Government to remedy this situation by specifying if, and under what conditions, the operation of a regular or a special regular service can be transferred.The Commission finds that the other provisions of the Danish draft Order fulfil the obligations imposed on Member States by the Community Regulations in question.Done at Brussels, 27 November 1974.For the CommissionThe PresidentFrançois-Xavier Ortoli[1] OJ No L 298, 31. 12. 1972, p. 16.[2] OJ No 147, 9. 8. 1966, p. 2688/66.[3] OJ No L 173, 22. 7. 1968, p. 8.[4] OJ No L 67, 20. 3. 1972, p. 13.[5] OJ No L 67, 20. 3. 1972, p. 19.[6] OJ No L 134, 12. 6. 1972, p. 1.--------------------------------------------------


Avis juridique important

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31984K0902

Commission Recommendation No 902/84/ECSC of 2 April 1984 amending Recommendation No 161/84/ECSC as regards Community surveillance of imports of certain iron and steel products covered by the ECSC Treaty and originating in Spain

Official Journal L 093 , 03/04/1984 P. 0008 - 0010

*****COMMISSION  RECOMMENDATION No 902/84/ECSC  of 2 April 1984  amending recommendation No 161/84/ECSC as regards Community surveillance of imports of certain iron and steel products covered by the ECSC Treaty and originating in Spain  THE COMMISSION OF THE EUROPEAN  COMMUNITIES,  Having regard to the Treaty establishing the European Coal and Steel Community, and in particular Article 74 thereof,  Whereas imports of certain iron and steel products covered by the ECSC Treaty and originating in non-member countries are subject to Community surveillance under Commission recommendation No 161/84/ECSC (1);  Whereas that recommendation makes the import of these iron and steel products subject to the issue of an import document;  Whereas, however, for imports of iron and steel products originating in Spain it is necessary to amend the list of products subject to surveillance and to make the issue of an import document subject to the presentation of an export document issued by the Spanish authorities; whereas recommendation No 161/84/ECSC should therefore be amended,  MAKES THE FOLLOWING RECOMMENDATION:  Article 1  Recommendation No 161/84/ECSC is hereby amended as follows:  1. The following Article 2a is inserted:  'Article 2a  For products originating in Spain, the issue of the import document shall be subject to the presentation of the export document (Comunicación al exportador - cuota productos siderúrgicos CECA) issued by the Spanish authorities. The import document may be issued only by the Member State referred to as the country of consigment in the export document, and only provided that the declared specifications relating to the product in respect of which an import application is made correspond to those shown in the export document.'  2. For products of Spanish origin Annexes III A and III B are amended as follows:  (a) The following products are added to Annex III A:  1.2.3 //   //   //   // 'CCT heading No  // NIMEXE code  // Description  //   //   //   // 73.01 A  // 73.01-10  // Spiegeleisen  // 73.06  // 73.06-10, 20, 30  // Puddled bars and pilings; ingots, blocks, lumps and similar forms, of iron or steel  // 73.09  // 73.09-00  // Universal plates of iron or steel  // 73.10 A III  // 73.10-18  // Hollow mining drill steel  // 73.10 D I a)  // 73.10-42  // Bars and rods of iron or steel, not further worked than clad, hot-rolled or extruded  // 73.11 A IV a) 1  // 73.11-41  // Angles, shapes and sections, of iron or steel, not further worked than clad, hot-rolled or extruded  // 73.11 B  // 73.11-50  // Sheet piling  // 73.12 A  // 73.12-11, 19  // Hoop and strip of iron or steel, not further worked than hot-rolled  // 73.12 B I  // 73.12-21  // Hoop and strip of iron or steel, not further worked than cold-rolled, in coils for the manufacture of tinplate  // 73.12 C III a)  // 73.12-51  // Hoop and strip of iron or steel, tinned, tinplate  // 73.12 C V a) 1  // 73.12-71  // Hoop and strip of iron or steel, not further worked than clad, hot-rolled  // 73.13 A  // 73.13-11, 16  // "Electrical" sheets and plates of iron or steel  // 73.13 B I b)  // 73.13-32, 34, 36  // Sheets and plates, other than "electrical", of iron or steel, not further worked than  (1) OJ No L 19, 24. 1. 1984, p. 5.   //   //   //   // CCT heading No  // NIMEXE code  // Description  //   //   //   // 73.13 B II c)  // 73.13-47, 49  // Sheets and plates, other than "electrical", not further worked than cold-rolled, of 1 mm or less  // 73.13 B III  // 73.13-50  // Sheets and plates, other than "electrical", not further worked than burnished, polished or glazed  // 73.13 B IV b) and d)  // 73.13-64, 65, 74, 76, 78, 79, 82, 84, 86, 87, 88, 89  // Sheets and plates, other than "electrical", tinned, lead-coated and other  // 73.13 B V a) 2  // 73.13-92  // Sheets and plates, other than "electrical", otherwise shaped or worked, cut into shapes other than rectangular shapes, but not further worked  // 73.15 A I b) 1  // 73.61-20  // Ingots, other than forged, in high carbon steel  // 73.15 A III  // 73.62-10  // Coils for re-rolling  // 73.15 A IV  // 73.62-30  // Universal plates  // 73.15 A V b) 2  // 73.63-29  // Bars and rods, other than wire rod, hot-rolled and not forged  // 73.15 A V d) 1 aa)  // 73.63-72  // Bars and rods (including wire rod) and hollow mining drill steel; angles, shapes and sections, not further worked than clad, hot-rolled or extruded  // 73.15 A VI a)  // 73.64-20  // Hoop and strip, not further worked than hot-rolled  // 73.15 A VI c) 1 aa)  // 73.64-72  // Hoop and strip, not further worked than clad, hot-rolled  // 73.15 A VII a)  // 73.65-21, 23, 25  // Sheets and plates, not futher worked than hot-rolled  // 73.15 A VII b)  // 73.65-53, 55  // Sheets and plates, not further worked than cold-rolled  // 73.15 A VII c)  // 73.65-70  // Sheets and plates, polished, clad, coated or otherwise surface-treated  // 73.15 A VII d) 1  // 73.65-81  // Sheets and plates, otherwise shaped or worked, cut into shapes other than rectangular shapes, but not further worked  // 73.15 B I b) 1 aa)  // 73.71-21  // Waste or scrap in ingot form, in alloy steel  // 73.15 B I b) 1 bb)  // 73.71-23, 24, 29  // Ingots, in alloy steel, other than forged, stainless or heat-resisting, high-speed steel and other  // 73.15 B III  // 73.72-11, 13, 19  // Coils for re-rolling  // 73.15 B IV  // 73.72-33, 39  // Universal plates  // 73.15 B V d) 1 aa)  // 73.73-72  // Bars and rods (including wire rod) and hollowing mining drill steel; angles, shapes and sections: - not further worked than clad, hot-rolled or extruded  // 73.15 B VI a)  // 73.74-21, 23, 29  // Hoop and strip, not further worked than hot-rolled  // 73.15 B VI c) 1 aa)  // 73.74-72  // Hoop and strip, not further worked than clad, hot-rolled  // 73.15 B VII a) 1  // 73.75-11  // "Electrical" sheets and plates in alloy steel  // 73.15 B VII b) 2 aa) 33  // 73.75-59  // Sheets and plates, in alloy steel, other than "electrical", not further worked than cold-rolled, of a thickness of 3 mm or more; other  // 73.15 B VII b) 3  // 73.75-73, 79  // Sheets and plates, in alloy steel, other than "electrical", polished, clad, coated or otherwise surface-treated  // 73.15 B VII b) 4 aa)  // 73.75-83, 84, 89  // Sheets and plates, in alloy steel, other than "electrical", otherwise shaped or worked: - cut into shapes other than rectangular shapes, but not further worked  // 73.16 A II  // 73.16-14, 16, 17  // Rails, other than current-conducting, with parts of non-ferrous metal  // 73.16 B  // 73.16-20  // Check-rails  // 73.16 C  // 73.16-40  // Sleepers  // 73.16 D I  // 73.16-51  // Fish-plates and sole plates, rolled'  //   //   //  (b) In Annex III B the following products are deleted:  1.2.3 //   //   //   // 'CCT heading No  // NIMEXE code  // Description  //   //   //   //   //   //   // 73.15 A VII b) 1  // 73.65-53  // Sheets and plates, not further worked than cold-rolled of a thickness of 3 mm or more  // 73.15 B VII b) 2 (aa) 33  // 73.75-59  // Sheets and plates, other than 'electrical', not further worked than cold-rolled, of a thickness of 3 mm or more: - Other'  //   //   //  Article 2  This recommendation shall enter into force on the day of its publication in the Official Journal of the European Communities.  It shall apply until 31 December 1984.  Done at Brussels, 2 April 1984.  For the Commission  Wilhelm HAFERKAMP  Vice-President hot-rolled, of a thickness of less than 2 mm


68/96/EEC: Commission recommendation of 31 January 1968, addressed to the federal republic of Germany on the subject of draft legislation - on the fiscal rules governing road transport of goods, - modifying the law on road transport of goods, - modifying the law on professional inland navigation, - modifying the law on transport of passengers (Only the German text is authentic)


title: Commission recommendation of 30 June 1978 relating to the directed herring fishing in maritime zones west of Ireland

text:
No L 194/28                       Official Journal of the European Communities                               19 . 7. 78
                                     COMMISSION RECOMMENDATION
                                                  of 30 June 1978
                relating to the directed herring fishing in maritime zones west of Ireland
                                                    (78/591 /EEC)
1 . In its resolution on certain aspects of the               the fishing plans be applied not later than 1 July, by
internal fisheries regime adopted on 3 November               way of exception on a national basis, in order to avoid
1976, the Council, having regard to the economic              a postponement in the introduction of the fishing
implications of fishing in Ireland, declared its inten       plans until later in the year which would be comprom
tion to apply the provisions of the common fisheries          ising the objectives.
policy in such a way as to ensure the continued and
progressive development of the Irish fishing industry         5. In the premises and in virtue of Article 155 of
on the basis of the Irish Government's fishery develop       the Treaty establishing the European Economic
ment programme for the development of coastal                 Community, the Commission recommends to Ireland
fisheries .                                                   and the Kingdom of the Netherlands that they apply,
                                                              from 1 July to 31 December 1978, to vessels over 12
The recognition of the special position of Ireland            metres between perpendiculars carrying out directed
among those Member States with fishing interests will         fishing for herring in Division VII b), c) as defined by
require the application of special provisions as part of      ICES (Donegal Bay excepted), the measures contained
the regime for the conservation and management of             in the fishing plans for Ireland and the Netherlands
resources which need to be set up as soon as possible.        appearing in Annexes I and II respectively to the pro
2. As this regime has not yet been established, ad            posal for a Council Regulation establishing Commu
hoc provisions should be laid down without delay in           nity fishing plans for directed herring fishing in
order to prevent lack of protection threatening the           certain zones (').
endangered herring stock in ICES Division VII b), c)
whose exploitation is of special importance to the            6. The Commission reserves the right to examine
coastal population .                                          the content of this present recommendation as experi
                                                              ence in the application of the fishing plans suggests,
3. To this end, the Commission has proposed that              and having regard to any changes which may occur in
Community fishing plans be established for the                the state of the herring stock.
period 1 July to 31 December 1978 which on the one
hand will help ensure that the Regulations governing
fishing in this Division, as approved by the Commis
sion, are observed, and on the other hand will ensure,        Done at Brussels, 30 June 1978 .
by taking account of the economic and social needs of
Irish coastal fishermen, that the natural geographical
advantage in catch possibilities in the zone close to                                    For the Commission
the coast is fully enjoyed.
                                                                                Finn GUNDELACH
4. In the present circumstances, even though this
proposal has not yet been adopted, it is desirable that                                      Vice-President
                                                               1 OJ No C 141 , 16. 6. 1978 , p. 10 .


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		52012DC0323

			Recommendation for a COUNCIL RECOMMENDATION on Poland’s 2012 national reform programme and delivering a Council Opinion on Poland’s convergence programme for 2012-2015 /* COM/2012/0323 final */

			   	Recommendation for a
COUNCIL RECOMMENDATION
on Poland’s 2012 national reform programme
and delivering a Council Opinion on Poland’s convergence programme for
2012-2015
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[2],
Having regard to the resolutions of the
European Parliament[3],
Having regard to the conclusions of the
European Council,
Having regard to the opinion of the
Employment Committee,
After consulting the Economic and Financial
Committee,
Whereas:
(1)       On 26 March 2010, the
European Council agreed to the European Commission’s proposal to launch a new
strategy for jobs and growth, Europe 2020, based on enhanced coordination of
economic policies, which will focus on the key areas where action is needed to
boost Europe’s potential for sustainable growth and competitiveness.
(2)       On 13 July 2010, the
Council 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[4],
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 on Poland’s national reform programme for 2011
and delivered its opinion on Poland’s updated convergence programme for
2011-2014.
(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) 1176/2011, adopted the Alert Mechanism Report[5], in which it did not identify
Poland as one of the Member States for which an in-depth review would be
carried out.
(5)       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.
(6)       On
2 March 2012, the European Council also invited the Member States participating
in the Euro Plus Pact to present their commitments in time for inclusion in
their stability or convergence programmes and their national reform programmes.
(7)       On 25 April 2012, Poland
submitted its convergence programme covering the period 2012-2015 and, on 27 April
2012, its 2012 national reform programme. In order to take account of their
interlinkages, the two programmes have been assessed at the same time.
(8)       Based on the assessment of
the 2012 convergence programme pursuant to Council Regulation (EC) No 1466/97,
the Council is of the opinion that the macroeconomic scenario underpinning the
budgetary projections in the programme is plausible and is in line with the
Commission's 2012 spring forecast. The objective of the budgetary strategy
outlined in the programme is to correct the excessive deficit by 2012 and reach
medium-term budgetary objective (MTO) by 2015. The programme confirms the MTO
of a deficit of 1% of GDP, which adequately reflects the requirements of the
Stability and Growth Pact. The planned correction of the deficit is in
line with the deadline set by the Council and the planned fiscal effort complies
with the recommendation under the Excessive Deficit Procedure. Based on the
(recalculated) structural deficit[6],
the planned annual progress towards the MTO is higher than 0.5% of GDP (in
structural terms). The growth rate of government expenditure, taking into
account discretionary revenue measures, is in line with the benchmark of the
Stability and Growth Pact over entire programme period, but exceeds the expenditure
benchmark by a small margin in 2013, according to the Commission's 2012 spring
forecast. Sufficient progress towards the MTO may require additional efforts as
it predominantly relies on sizeable cuts in public investment expenditure and
is not sufficiently supported by detailed measures in the outer years of the
programme. General government debt is projected to remain below 60 % of
GDP in Poland over the programme period. The national authorities forecast it
to decrease gradually from 56.3% of GDP in 2011 to 49.7% of GDP in 2015,
whereas the Commission, taking account of possible risks to the consolidation
plans, expects the improvement to be slower.
(9)       The Polish government has
not yet taken action to implement a permanent expenditure rule by 2013. Work on
a permanent rule is still in preparation and no details have been disclosed so
far. There has also been no progress on adjusting the classification of
national accounts to the European system of accounts (ESA95 standards) and on improving
coordination among different levels of government when it comes to the
budgetary process.
(10)     Youth unemployment is above
the EU average and is largely the result of skills mismatch and
low access to apprenticeships and work-based learning. Measures are
planned to facilitate the entry of young people into the labour market. The partial abuse of self-employment and civil law contracts which
are not governed by Labour Law appear to be a cause of labour market
segmentation and in-work poverty, which is among the highest in the EU. Additionally, the scope and adequacy of in-work benefits
support for low-wage earners should be reviewed
(11)     Poland started implementing
an ambitious higher education reform in the second half of 2011. This aims to
strengthen university-business links and to address the skills
and jobs mismatch. The reform aims to make courses more flexible and more
responsive to changing labour market needs. It also promotes
self-employment. Nevertheless, there is still a need to improve
the relevance and quality of teaching provision, with a particular focus on
tertiary private institutions.
(12)     The participation of women
in the labour market needs to be raised by improving the childcare system.
Poland currently has the lowest enrolment rate in pre-school education in
Europe. This is due to the lack of places, lack of adequate infrastructure, and
of qualified staff. The Government’s declaration that it would generate
additional funds to set up pre-school childcare institutions (3-5 years of age)
is not reflected in the 2012 Budget Law, which decreased education subsidies.
This has resulted in some municipalities closing down schools and
kindergartens.
(13)     To address the low
participation of older workers in the labour market, Poland has adopted a
general pension reform. The statutory retirement age will be raised gradually
from 2013 onwards to reach 67 for men in 2020 and for women in 2040. Poland has
continued its efforts to limit favourable retirement conditions for uniformed
services. In 2011, Poland introduced some changes to the farmers’ social
security fund (KRUS). However, the reform is temporary and not sufficient from
the labour market perspective. Miners still benefit from a special pension
scheme.
(14)     Recent reforms to improve
the research environment aim to concentrate tailored funding on the institutions
that perform best. The National Research Programme, adopted in August 2011, is
an important step in this direction. However, it remains unclear how priorities
in the programme are linked and taken forward in innovation and industrial
policy.
(15)     Unjustified restrictions on
providing professional services are a major obstacle to further growth, in
particular in construction, transport and health. The government has announced
a plan to scale down regulation in professional services by 50 %, regarding
both educational requirements and licensing. Despite recent efforts, the
administrative burden on business remains high, and public administration
continues to lack efficiency. The main areas of concern include high compliance
costs, complex and unstable tax legislation, weak contract enforcement, lengthy
and burdensome licensing and permit procedures, and property registration and
zoning legislation. Judicial proceedings and other legal actions are lengthy
and there are a relatively high number of cases pending.
(16)     Growth and competition in
the energy sector is held back by lagging implementation of EU legislation, in
particular regarding the Second and Third Energy Package and the EU Renewable
Energy Directive and pending infringement procedures. While the motorway and
expressway network is being extensively developed with support from EU funds,
the need for investment in the rail network is even more pressing, given the
very poor state of the infrastructure. Poland is not fully using Cohesion Fund
resources available for this purpose. There are still obstacles to efficient
functioning of the railway market.
(17)     Poland has made a number of
commitments under the Euro Plus Pact. The commitments, and the implementation
of the commitments presented in 2011, relate to fostering employment, improving
competitiveness, enhancing sustainability of public finances and reinforcing
financial stability. 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.
(18)     In the context of the
European Semester, the Commission has carried out a comprehensive analysis of Poland’s
economic policy. It has assessed the convergence programme and national reform programme.
It has taken into account not only their relevance for sustainable fiscal and
socio-economic policy, but also their compliance with EU rules and guidance,
given the need to reinforce the overall economic governance of the European
Union by providing EU-level input into future national decisions. Its
recommendations under the European Semester are reflected in recommendations
(1) to (6) below.
(19)     In the light of this
assessment, the Council has examined the 2012 convergence programme, and its
opinion[7]
is reflected in particular in recommendation (1) below,
HEREBY RECOMMENDS that Poland should
take action within the period 2012-2013 to:
1.           Ensure planned progress
towards the correction of the excessive deficit. To this end, fully implement
the budget for the year 2012 and achieve the structural adjustment effort
specified in the Council recommendations under the Excessive Deficit Procedure.
Thereafter, specify the measures necessary to ensure implementation of the
budgetary strategy for the year 2013 and beyond as envisaged, ensuring an
adequate structural adjustment effort to make sufficient progress towards the
medium-term objective, including meeting the expenditure benchmark. Minimise cuts
in growth-enhancing expenditure in the future and improve tax compliance.
2.           Speed up the reform of the
fiscal framework by enacting legislation with a view to introducing a permanent
expenditure rule by 2013. This rule should be consistent with the European
system of accounts. Take measures to strengthen the mechanisms of coordination
among the different levels of government in the medium-term and annual
budgetary processes.
3.           To reduce youth
unemployment, increase the availability of apprenticeships and work-based
learning, improve the quality of vocational training and adopt the proposed lifelong
learning strategy. Better match education outcomes with the needs of the labour
market and improve the quality of teaching. To combat labour market segmentation
and in-work poverty, limit excessive use of civil law contracts and extend the
probationary period for permanent contracts.
4.           Reinforce efforts to
increase the labour market participation of women and raise enrolment rates of
children in both early childcare and pre-school education, by ensuring stable
funding and investment in public infrastructure, provision of qualified staff
and affordable access. Tackle entrenched practices of early retirement to
increase exit ages from the labour market. Phase out the special pension scheme
for miners with a view to fully integrating them into the general scheme. Take
more ambitious, permanent steps to reform the social security fund for farmers
(KRUS) to better reflect individual incomes.
5.           Take additional measures
to ensure an innovation-friendly business environment, by ensuring better links
between research, innovation and industry, and by establishing common priority
areas and instruments supporting the whole innovation cycle; improve access to finance for research and innovation activities
through guarantees and bridge financing.
6.           Step up efforts to improve
incentives for investment in energy generation capacity and efficiency, speed up
the development of cross-border electricity grid interconnections and strengthen
competition in the gas sector by phasing out regulated prices and by creating a
gas trading platform. Strengthen the role and resources of the railway market
regulator and ensure effective and swift implementation of railway investment
projects. Reduce restrictions on professional services and simplify contract
enforcement and requirements for construction permits.
Done at Brussels,
                                                                       For
the Council
                                                                       The
President
[1]               OJ L 209, 02.08.1997, p. 1
[2]               COM(2012)323 final
[3]               P7_TA(2012)0048 and P7_TA(2012)0047
[4]               Council Decision 2012/238/EU of 26 April 2012
[5]               COM(2012) 68 final
[6]               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.
[7]               Under Article 9(2) of Council Regulation (EC) No
1466/97.


title: 2013/165/EU: Commission Recommendation of 27 March 2013 on the presence of T-2 and HT-2 toxin in cereals and cereal products  Text with EEA relevance

text:
               3.4.2013

               EN

               Official Journal of the European Union

               L 91/12

         COMMISSION RECOMMENDATION
   of 27 March 2013
   on the presence of T-2 and HT-2 toxin in cereals and cereal products
   (Text with EEA relevance)
   (2013/165/EU)
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 292 thereof,
   Whereas:

               (1)

               T-2 toxin and HT-2 toxin are mycotoxins produced by various Fusarium species. T-2 toxin is rapidly metabolised to a large number of products, HT-2 toxin being a major metabolite.

               (2)

               The Scientific Panel on Contaminants in the Food Chain (CONTAM panel) of the European Food Safety Authority (EFSA) adopted an opinion on a request from the Commission related on the risks for animal and public health related to the presence of T-2 and HT-2 toxin in food and feed (1).

               (3)

               The CONTAM Panel established a group tolerable daily intake (TDI) of 100 ng/kg b.w. for the sum of T-2 and HT-2 toxins. Estimates of chronic human dietary exposure to the sum of T-2 and HT-2 toxins based on the available occurrence data are below the TDI for populations of all age groups, and thus not an immediate health concern.

               (4)

               As regards the animal health risk, the CONTAM Panel concluded that for ruminants, rabbits and fish, the current estimated exposure to T-2 and HT-2 toxin is considered unlikely to be a health concern. For pigs, poultry, horses and dogs, the estimates of exposure to T-2 and HT-2 toxin indicate that the risk of adverse health effects is low. Cats are amongst the most sensitive animal species. Due to the limited data and the severe adverse health effects at low dose levels, no NOAEL or LOAEL could be established. Therefore this Recommendation is not of application for feed for cats, for which stricter measures will be established.

               (5)

               The CONTAM Panel further concluded that the carry-over of T-2 and HT-2 toxins from feed to food products of animal origin is limited and hence contributes only to a negligible extent to human exposure.

               (6)

               Taking into account the conclusions of the scientific opinion, together with the large year to year variation in occurrence of T-2 and HT-2 toxin, it is appropriate to collect more data on T-2 and HT-2 in cereals and cereal products and more information on the effects of food processing (i.e. cooking) and agronomic factors on the presence of T-2 and HT-2 toxin. Furthermore, it is necessary to obtain more information on the different factors which lead to relative high levels of T-2 and HT-2 toxin in cereals and cereal products in order to be able to identify the measures to be taken to avoid or to reduce the presence of T-2 and HT-2 toxin in cereals and cereal products. Investigations have to be undertaken in order to collect information on the factors resulting in relative high levels of T-2 and HT-2 toxin in cereals and cereal products and on the effects of feed and food processing. Based on the available data, T-2 and HT-2 do not occur or only in very low levels in rice and rice products and therefore it is appropriate to exclude these products from the scope of this Recommendation.

               (7)

               The results of monitoring of cereals and cereal products will be used to assess changes and trends in human and animal exposure to T-2 and HT-2 toxin. It is therefore appropriate to use methods of analysis with a sufficient sensitivity.

               (8)

               To provide orientation in which cases it would be appropriate to perform such investigations, it is appropriate to provide indicative values above which such investigations would be appropriate. To determine these indicative values the occurrence data available in the EFSA database have been used. To perform the investigations traceability is of major importance.

               (9)

               In 2015 an assessment of the gathered information in the frame of this Recommendation should be undertaken. The monitoring data obtained as a result of this Recommendation will also enable a better understanding of the year–to-year variance and the presence of T-2 and HT-2 toxin in the wide range of cereal products the factors resulting in higher levels and the measures which could be taken to prevent the presence or mitigate the presence of T-2 and HT-2 toxins, including through agronomic factors and through processing,

         HAS ADOPTED THIS RECOMMENDATION:

               (1)

               Member States should, with the active involvement of feed and food business operators, perform monitoring for the presence of T-2 and HT-2 toxin in cereals and cereal products. For the purpose of this Recommendation rice is not included in cereals and rice products are not included in cereal products.

               (2)

               Member States should encourage that samples are simultaneously analysed for the presence of T-2 and HT-2 and other Fusarium-toxins such as deoxynivalenol, zearalenone and fumonisin B1 + B2 to allow the extent of co-occurrence to be assessed.
               In case the used method of analysis enables it, it would be appropriate to analyse also the masked mycotoxins in particular the mono- and di-glycosylated conjugates of T-2 and HT-2 toxin.

               (3)

               The sampling and analysis for cereals and cereal products intended for human consumption should be performed in accordance with the provisions provided for in Commission Regulation (EC) No 401/2006 of 23 February 2006 laying down the methods of sampling and analysis for the official control of the levels of mycotoxins in foodstuffs (2) in particular:

                           —

                           Annex I Part B for the sampling of cereals and cereal products,

                           —

                           Annex II, point 4.3.1(g) Performance criteria for the analysis of T-2 and HT-2 toxin. The Limit of Quantification (LOQ) should preferably not be higher than 5 μg/kg for T-2 and HT-2 toxin individually, except for unprocessed cereals for which the LOQ should preferably not be higher than 10 μg/kg for T-2 and HT-2 toxin individually. In the case of the use of an analytical screening technique, the limit of detection should preferably not be higher than 25 μg/kg for the sum of T-2 and HT-2 toxin.

                     The sampling procedure applied by the food business operator might deviate from the provisions of Regulation (EC) No 401/2006 but should be representative for the lot sampled.

               (4)

               The sampling and analysis for cereals and cereal products intended for feed and compound feed should be performed in accordance with the provisions provided for in Commission Regulation (EC) No 152/2009 of 27 January 2009 laying down the methods of sampling and analysis for the official control of feed (3). The Limit of Quantification (LOQ) should preferably not be higher than 10 μg/kg for T-2 and HT-2 toxin individually. In the case of the use of an analytical screening technique, the limit of detection should preferably not be higher than 25 μg/kg for the sum of T-2 and HT-2 toxin.
               The sampling procedure applied by the feed business operator might deviate from the provisions of Regulation (EC) No 152/2009 but should be representative for the lot sampled.

               (5)

               Member States, with the active involvement of the feed and food business operators, should perform investigations to identify the factors resulting in these levels above the indicative level and determine the measures to be taken to avoid or reduce such presence in future. These investigations should certainly be performed in case of repetitive findings within a certain period of time of levels above the indicative levels of T-2 and HT-2 toxin in cereals and cereal products mentioned in Annex to this Recommendation. The sampling and analysis with the objective to obtain more information on the different factors, including agronomic factors, which lead to relative high levels of T-2 and HT-2 toxin in cereals and cereal products, should be targeted on cereals and cereal products from primary processing.

               (6)

               Member States, with the active involvement of the feed and food business operators, should perform investigations on the effects of feed and food processing on the presence of T-2 and HT-2 toxin. These investigations should certainly be performed in case of repetitive findings within a certain period of time of levels above the indicative level of T-2 and HT-2 toxin in cereal products.

               (7)

               Member States should ensure that the analytical results are provided on a regular basis to EFSA for compilation into a single database and that the outcome of the investigations is provided to the European Commission every year, the first time by December 2013. A guidance note will be elaborated to ensure uniform application of this Recommendation and to ensure comparable reporting of results of investigations.

      Done at Brussels, 27 March 2013.

            For the Commission

         Tonio BORG

            Member of the Commission

      (1)  EFSA Panel on Contaminants in the Food Chain (CONTAM); Scientific Opinion on risks for animal and public health related to the presence of T-2 and HT-2 toxin in food and feed. EFSA Journal 2011; 9(12):2481. [187 pp.] doi:10.2903/j.efsa.2011.2481. Available online: www.efsa.europa.eu/efsajournal

      (2)  OJ L 70, 9.3.2006, p. 12.

      (3)  OJ L 54, 26.2.2009, p. 1.

      ANNEX

         Indicative levels for cereals and cereals products
          (1)
          (2)

                  Indicative levels for the sum of T-2 and HT-2 (μg/kg) from which onwards/above which investigations should be performed, certainly in case of repetitive findings (1)

                  1.   Unprocessed cereals
                      (3)

                              1.1.

                              barley (including malting barley) and maize

                  200

                              1.2.

                              oats (with husk)

                  1 000

                              1.3.

                              wheat, rye and other cereals

                  100

                  2.   Cereal grains for direct human consumption
                      (4)

                              2.1.

                              oats

                  200

                              2.2.

                              maize

                  100

                              2.3.

                              other cereals

                  50

                  3.   Cereal products for human consumption

                              3.1.

                              oat bran and flaked oats

                  200

                              3.2.

                              cereal bran except oat bran, oat milling products other than oat bran and flaked oats, and maize milling products

                  100

                              3.3.

                              other cereal milling products

                  50

                              3.4.

                              breakfast cereals including formed cereal flakes

                  75

                              3.5.

                              bread (including small bakery wares), pastries, biscuits, cereal snacks, pasta

                  25

                              3.6.

                              cereal-based foods for infants and young children

                  15

                  4.   Cereal products for feed and compound feed
                      (5)

                              4.1.

                              oat milling products (husks)

                  2 000

                              4.2.

                              other cereal products

                  500

                              4.3.

                              compound feed, with the exception of feed for cats

                  250

         (1)  The levels referred to in this Annex are indicative levels above which, certainly in the case of repetitive findings, investigations should be performed on the factors leading to the presence of T-2 and HT-2 toxin or on the effects of feed and food processing. The indicative levels are based on the occurrence data available in the EFSA database as presented in the EFSA opinion. The indicative levels are not feed and food safety levels.

         (2)  For the purpose of this Recommendation rice is not included in cereals and rice products are not included in cereal products.

         (3)  Unprocessed cereals are cereals which have not undergone any physical or thermal treatment other than drying, cleaning and sorting.

         (4)  Cereal grains for direct human consumption are cereal grains which have undergone drying, cleaning, de-husking and sorting processes and on which no further cleaning and sorting processes will be performed before their further processing in the food chain.

         (5)  The indicative levels for cereals and cereal products intended for feed and compound feed are relative to a feed with a moisture content of 12 %.


title: 2013/647/EU: Commission Recommendation of 8 November 2013 on investigations into the levels of acrylamide in food  Text with EEA relevance

text:
               12.11.2013

               EN

               Official Journal of the European Union

               L 301/15

         COMMISSION RECOMMENDATION
   of 8 November 2013
   on investigations into the levels of acrylamide in food
   (Text with EEA relevance)
   (2013/647/EU)
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 292 thereof,
   Whereas:

               (1)

               The food industry, the Member States and the Commission have undertaken extensive efforts since 2002 in order to investigate pathways of formation and to reduce the levels of acrylamide in processed foods.

               (2)

               The organisation FoodDrinkEurope, which represents the European food and drink industry, developed a ‘toolbox’ (1) containing tools that can be used selectively by food producers in line with their particular needs to lower acrylamide levels in their products. In addition short brochures containing information about the most important tools for each sector were developed. That activity was supported by and contributed to by regulators.

               (3)

               Acrylamide levels in some foodstuffs appeared to be significantly higher than the levels in comparable products of the same product category. Therefore the Commission considered it appropriate that Member States’ competent authorities carry out investigations by examining the production and processing methods used by food business operators. To that end, the Commission adopted on 10 January 2011 a Recommendation on investigations into the levels of acrylamide in food (2) (‘the 2011 Recommendation’).

               (4)

               Pursuant to the 2011 Recommendation, Member States are encouraged to carry out investigations if the acrylamide level found in a specific foodstuff exceeds the indicative values set out in the Annex to that Recommendation.

               (5)

               Acrylamide levels in food have been monitored by Member States from 2007 to 2009 pursuant to Commission Recommendation 2007/331/EC (3), and as from 2010 pursuant to Commission Recommendation 2010/307/EU (4). That monitoring exercise is targeted to those foodstuffs that are known to contain high acrylamide levels and/or contribute significantly to the human dietary intake.

               (6)

               The monitoring results for the years 2007 to 2010 have been compiled by the European Food Safety Authority (‘EFSA’) in the Scientific Report on ‘Update on acrylamide levels in food from monitoring years 2007-2010’ (5) of 18 October 2012. EFSA concluded that there was no consistent trend across food groups towards lower levels of acrylamide and that a decrease in acrylamide levels was shown in only a few food categories while in other food categories an increase in the levels could be observed.

               (7)

               On the basis of the results of the investigations obtained during the years 2011 and 2012 and on the basis of the monitoring results obtained pursuant to Recommendations 2007/331/EC and 2010/307/EU, it is appropriate to modify certain indicative values provided for in the Annex to the 2011 Recommendation.

               (8)

               The 2011 Recommendation should therefore be replaced by a new Recommendation.

               (9)

               Investigations should continue to include the food business operator’s Hazard Analysis and Critical Control Points (HACCP) or a similar system (6) with a view to exploring with the food business operator whether relevant processing steps susceptible for the formation of acrylamide have been identified and whether appropriate measures have been taken to control them. In doing so, the competent authorities should assess the extent to which currently known options for the minimisation of acrylamide levels, e.g. those proposed in the Code of Practice for acrylamide adopted by the Codex Alimentarius Commission and in the acrylamide ‘toolbox’ developed by FoodDrinkEurope, have been implemented by the food business operator.

               (10)

               Indicative values set by this Recommendation are only intended to indicate the need for an investigation. They are not safety thresholds. Therefore, enforcement action and/or the issuing of a Rapid Alert should only be undertaken on the basis of a sound risk assessment carried out on a case by case basis, but not merely because an indicative value is exceeded.

               (11)

               On the basis of the results of the investigations obtained during the years 2013 and 2014 pursuant to this Recommendation and on the basis of the monitoring results obtained pursuant to Recommendation 2010/307/EU and the outcome of the updated risk assessment performed by the EFSA on the presence of acrylamide in food, the Commission will assess the situation after an EFSA risk assessment becomes available and decide about the need for other appropriate measures,

         HAS ADOPTED THIS RECOMMENDATION:

               1.

               Member States should, with the active involvement of food business operators, carry out further investigations into the production and processing methods used by food producers in cases where the level of acrylamide in a foodstuff, tested in the monitoring exercise carried out pursuant to Recommendation 2010/307/EU, exceeds the acrylamide indicative value set for the respective food category in the Annex to this Recommendation.

               2.

               For the purposes of point 1, the level of acrylamide should be assessed without considering the analytical measurement uncertainty.

               3.

               The investigations referred to in point 1 should include the verification of food business operator’s Hazard Analysis and Critical Control Points (HACCP) based procedures with a view to verify:

                           (a)

                           whether the food business operator has identified in the HACCP system or in a similar system the relevant processing steps which may lead to the formation of acrylamide; and

                           (b)

                           whether appropriate mitigation measures have been taken by the food business operator.

               4.

               The investigations referred to in point 1 should in particular elucidate the extent to which currently known options for the minimisation of acrylamide levels, e.g. those mentioned in the Code of Practice for acrylamide adopted by the Codex Alimentarius Commission and the acrylamide ‘toolbox’ FoodDrinkEurope, have been implemented by the food business operator.

               5.

               Member States should report the findings to the Commission by 31 October 2014 and by 30 April 2015.

               6.

               This Recommendation replaces the Recommendation of 10 January 2011 on investigations into the levels of acrylamide in food.

      Done at Brussels, 8 November 2013.

            For the Commission

         Tonio BORG

            Member of the Commission

      (1)  The ‘toolbox’, developed by FoodDrinkEurope contains 14 different parameters (‘tools’), grouped together in 4 main categories (‘toolbox compartments’) that can be used selectively by food producers in line with their particular needs in order to lower acrylamide levels in their products. The 4 compartments refer to agronomical factors, the food recipe, processing and final preparation. The toolbox can be found at the following link:
   http://ec.europa.eu/food/food/chemicalsafety/contaminants/ciaa_acrylamide_toolbox09.pdf

      (2)  http://ec.europa.eu/food/food/chemicalsafety/contaminants/recommendation_10012011_acrylamide_food_en.pdf

      (3)  Commission Recommendation 2007/331/EC of 3 May 2007 on the monitoring of acrylamide levels in food (OJ L 123, 12.5.2007, p. 33).

      (4)  Commission Recommendation 2010/307/EU of 2 June 2010 on the monitoring of acrylamide levels in food (OJ L 137, 3.6.2010, p. 4).

      (5)  European Food Safety Authority; Update on acrylamide levels in food from monitoring years 2007 to 2010. EFSA Journal 2012; 10(10):2938. [38 pp.] doi:10.2903/j.efsa.2012.2938. Available online: www.efsa.europa.eu/efsajournal

      (6)  Regulation (EC) No 852/2004 of the European Parliament and of the Council of 29 April 2004 on the hygiene of foodstuffs (OJ L 139, 30.4.2004, p. 1).
   ANNEX
   Indicative acrylamide values based on the EFSA monitoring data from 2007-12

               Foodstuff

               Indicative value
               [μg/kg]

               Comment

               French fries ready-to-eat

               600

               Product sold as ready-to-eat, as defined in Part C.1 of the Annex to Recommendation 2010/307/EU

               Potato crisps from fresh potatoes and from potato dough

               1 000

               Product as sold, as defined in Parts C.2 and C.10 of the Annex to Recommendation 2010/307/EU

               Potato-based crackers

               Soft bread

               Product as sold, as defined in Part C.4 of the Annex to Recommendation 2010/307/EU

                           (a)

                           Wheat based bread

               80

                           (b)

                           Soft bread other than wheat based bread

               150

               Breakfast cereals (excl. porridge)

               Product as sold, as defined in Part C.5 of the Annex to Recommendation 2010/307/EU

                           —

                           bran products and whole grain cereals, gun puffed grain (gun puffed only relevant if labelled)

               400

                           —

                           wheat and rye based products (1)

               300

                           —

                           maize, oat, spelt, barley and rice based products (1)

               200

               Biscuits and wafers

               500

               Product as sold, as defined in Part C.6 of the Annex to Recommendation 2010/307/EU

               Crackers with the exception of potato based crackers

               500

               Crispbread

               450

               Ginger bread

               1 000

               Products similar to the other products in this category

               500

               Roast coffee

               450

               Product as sold, as defined in Part C.7.1 of the Annex to Recommendation 2010/307/EU

               Instant (soluble) coffee

               900

               Product as sold, as defined in Part C.7.2 of the Annex to Recommendation 2010/307/EU

               Coffee substitutes

               Product as sold, as defined in Part C.7.3 of the Annex to Recommendation 2010/307/EU

                           (a)

                           coffee substitutes mainly based on cereals

               2 000

                           (b)

                           other coffee substitutes

               4 000

               Baby foods, other than processed cereal based foods (2)

               Product as sold, as defined in Part C.8 of the Annex to Recommendation 2010/307/EU

                           (a)

                           not containing prunes

               50

                           (b)

                           containing prunes

               80

               Biscuits and rusks for infants and young children

               200

               Product as sold, as defined in Part C.9.1 of the Annex to Recommendation 2010/307/EU

               Processed cereal based foods for infants and young children (3), excl. biscuits and rusks

               50

               Product as sold, as defined in Part C.9.2 of the Annex to Recommendation 2010/307/EU

      (1)  Non-whole grain and/or non-bran based cereals. The cereal present in the largest quantity determines the category.

      (2)  As defined in Article 1(2)(b) of Commission Directive 2006/125/EC of 5 December 2006 on processed cereal-based foods and baby foods for infants and young children (OJ L 339, 6.12.2006, p. 16).

      (3)  As defined in Article 1(2)(a) of Directive 2006/125/EC.


Avis juridique important

|

31993H0216

93/216/EEC: Commission Recommendation of 25 February 1993 on the European firearms pass

Official Journal L 093 , 17/04/1993 P. 0039 - 0041

COMMISSION RECOMMENDATION of 25 February 1993 on the European firearms pass (93/216/EEC)THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, and in particular Article  155 thereof, Whereas Annex II to Council Directive 91/477/EEC of 18 June 1991 on control of the acquisition and  possession of weapons  (1) sets out the information which must be contained in a European firearms  pass but gives no indication of the layout of the pass; Whereas the purpose of the European firearms pass is to facilitate the free movement of sportsmen  wishing to engage in hunting or target shooting in the Community; whereas a uniform pass bearing a  common logo will be a tangible sign that this objective has been achieved; Whereas a uniform layout for the European firearms pass will also make the pass immediately  recognizable to authorities who may need to examine it in the Member States; whereas such checks  will be facilitated if the order and numbering of sections is made uniform, and a glossary  included, RECOMMENDS THAT: Sole Article In transposing the Directive, Member States should ensure that the  European firearms pass which they issue conforms to the specimen annexed hereto. Done at Brussels, 25 February 1993. For the Commission Raniero VANNI D'ARCHIRAFI Member of the Commission >REFERENCE TO A FILM>


				|

		52012DC0321

			Recommendation for a COUNCIL RECOMMENDATION on Malta’s 2012 national reform programme __and delivering a Council opinion on Malta’s stability programme for 2012-2015 /* COM/2012/0321 final */

			   	Recommendation for a
COUNCIL RECOMMENDATION
on Malta’s 2012 national reform programme
and delivering a Council opinion on Malta’s stability programme for 2012-2015
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[2],
Having regard to the resolutions of the
European Parliament[3],
Having regard to the conclusions of the
European Council,
Having regard to the opinion of the
Employment Committee,
After consulting the Economic and Financial
Committee,
Whereas:
(1)       On 26 March 2010, the
European Council agreed to the European Commission’s proposal to launch a new
strategy for jobs and growth, Europe 2020, based on enhanced coordination of
economic policies, which will focus on the key areas where action is needed to
boost Europe’s potential for sustainable growth and competitiveness.
(2)       On 13 July 2010, the
Council 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[4], 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 on Malta’s national reform programme for 2011
and delivered its opinion on Malta’s updated stability programme for 2011-2014.
(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, adopted the Alert Mechanism Report[5],
in which it did not identify Malta as one of the Member States for which an
in-depth review would be carried out.
(5)       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.
(6)       On
2 March 2012, the European Council also invited the Member States participating
in the Euro Plus Pact to present their commitments in time for inclusion in
their stability or convergence programmes and their national reform programmes.
(7)       On 30 April 2012, Malta
submitted its 2012 stability programme covering the period 2012-2015 and, on 23
April 2012, its 2012 national reform programme. In order to take account of their
interlinkages, the two programmes have been assessed at the same time.
(8)       Based
on the assessment of the 2012 stability programme pursuant to Council
Regulation (EC) No 1466/97, the Council is of the opinion that the
macroeconomic scenario underpinning the budgetary projections is optimistic,
especially in the outer years of the stability programme period when compared
with potential growth as estimated by the Commission. The objective of the
budgetary strategy outlined in the programme is to gradually reduce the
deficit, to 0.3% of GDP in 2015, after the planned correction of the excessive
deficit in 2011. The programme confirms the previous medium-term budgetary
objective (MTO) of a balanced position in structural terms, which is to be
achieved beyond the programme period. The MTO adequately reflects the
requirements of the Stability and Growth Pact. There are risks that the deficit
outcomes could be worse than targeted, stemming from (i) lower revenue given
the slightly optimistic macroeconomic scenario; (ii) possible overruns in
current primary expenditure; and (iii) the ongoing restructuring of the
national airline (Air Malta) and financial situation of the energy provider (Enemalta).
Based on the (recalculated) structural budget balance[6], annual progress towards the MTO is planned to be in line with the
0.5% of GDP benchmark in the Stability and Growth Pact. Using the Commission’s
identification of the one-offs included in the budgetary targets, average
progress towards the MTO is slightly higher (¾% of GDP) but spread very
unevenly, with no progress in 2012 followed by an effort of 1¼% in 2013.
According to the information provided in the programme, the growth rate of
government expenditure, taking into account discretionary revenue measures,
would be in line with the expenditure benchmark of the Stability and Growth
Pact throughout the programme period. The risks to the budgetary targets imply,
however, that the average adjustment towards the MTO could be slower than
appropriate. After peaking at 72% of GDP in 2011, the general government gross
debt ratio is planned in the programme to start decreasing and to reach 65.3%
of GDP in 2015 (still above the 60% of GDP reference value). According to the
plans in the programme, Malta is making sufficient progress towards meeting the
debt reduction benchmark of the Stability and Growth Pact at the end of the
transition period (2015) but this assessment is subject to risks as the debt ratio
could turn out higher than planned given the possibility of higher deficits and
stock-flow adjustments. Malta's medium-term budgetary framework remains
non-binding, implying a relatively short fiscal planning horizon. The programme
announces that the Maltese government is considering reforms to the annual
budgetary procedure, including timelines, and introducing a fiscal rule
embedded in the Constitution, including monitoring and corrective mechanisms,
in line with recent changes to the euro area governance framework.
(9)       Malta remains at high risk
as regards the long-term sustainability of its public finances, with a
projected long-term increase in age-related expenditure exceeding considerably
the EU average. A very low activity rate of older workers, including of older
women; a relatively low exit age; and recourse to early retirement schemes add
to the scope of the challenge. An independent Pensions Working Group submitted
proposals for further pension reform in December 2010, including a link between
the retirement rate and life expectancy, as well as the introduction of
additional pillars to the pension system. This has been subject to consultation
with stakeholders but the government has yet to announce its position. Moreover,
the National Reform Programme does not propose a comprehensive active-ageing
strategy. While noting the measures introduced by Malta to combat undeclared
work, its incidence also risks exerting undue pressure on the sustainability of
public finances.
(10)     The restructuring of Malta's economy has created a mismatch between
demand and supply of skills, intensified by low tertiary education attainment
and high early school leaving rates. Efforts to improve links
between the education system and labour market needs need to be maintained to
ensure lasting results. Malta is expected to present a strategy to tackle early
school leaving by end of 2012. There is moreover no comprehensive system for
collecting and analysing information on the phenomenon.
(11)     Malta still exhibits a low
participation rate in its labour market for women and older workers. Malta is
taking steps to bring women back into the labour force. However, the gender
employment gap and the impact of parenthood are particularly negative for
women, primarily due to the lack of affordable childcare and accessible
after-school facilities, coupled with a low uptake of family-friendly measures
like flexitime and teleworking.
(12)     Malta remains one of the
few Member States with a generalised wage indexation system. While
the mechanism has features that potentially mitigate its impact, it entails a
risk of wage-price spirals, particularly because imported prices are not
excluded from the index, and may hamper competitiveness, especially in
labour-intensive sectors. The authorities have undertaken a review process, but
the results are not yet available, and debate on concrete reform proposals has
yet to begin.
(13)     Energy supply in Malta
remains almost fully dependent on imported oil, while the contribution of
renewable energy sources continues to be marginal. High electricity tariffs may
hamper the competitiveness of its small and medium-sized enterprises. Addressing
shortcomings in energy efficiency could bring the double benefit of improving
competitiveness and achieving energy and climate targets. A number of
initiatives in these areas have been undertaken such as encouraging the generation
of photovoltaic power and developing wind farms, building an electricity interconnector
with Sicily and promoting the use of fuel-efficient cars. However, it is still
too early to see the eventual impact of these initiatives so their implementation
needs to be closely monitored.
(14)     The banking system in Malta
is very large in proportion to the size of the economy, with total assets
standing at around 800% of GDP. The sheer size of the sector implies that
disruptions to financial stability could have a disproportionate impact on the
domestic economy. The global economic downturn brought about an increase in
problematic loans, which however has not been accompanied by an increase in
provisioning. In particular the large exposure to the real estate market, which
accounts for over half of all loans to domestic residents, is a source of
vulnerability especially as a further downward correction in property prices
cannot be excluded, while housing units may currently be in oversupply.
(15)     Malta has made a number of
commitments under the Euro Plus Pact. The commitments, and the implementation
of the commitments presented in 2011, relate to improving competitiveness, fostering
employment and fostering the 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.
(16)     In the context of the
European Semester, the Commission has carried out a comprehensive analysis of Malta’s
economic policy. It has assessed the 2012 stability programme and the 2012 national
reform programme. It has taken into account not only their relevance for
sustainable fiscal and socio-economic policy in Malta but also their compliance
with EU rules and guidance, given the need to reinforce the overall economic
governance of the European Union by providing EU-level input into future
national decisions. Its recommendations under the European Semester are
reflected in recommendations (1) to (6) below.
(17)     In the light of this
assessment, the Council has examined the 2012 Malta’s stability programme, and
its opinion[7] is reflected in
particular in recommendation (1) below,
HEREBY RECOMMENDS that Malta should
take action within the period 2012-2013 to:
1.           Reinforce the budgetary
strategy in 2012 with additional permanent measures so as to ensure adequate
progress towards the medium-term budgetary objective (MTO) and keep the deficit
below 3% of GDP without recourse to one-offs. Continue fiscal consolidation at
an appropriate pace thereafter, so as to make sufficient progress towards the MTO,
including meeting the expenditure benchmark, and towards compliance with the
debt reduction benchmark, by specifying the concrete measures to back up the
deficit targets from 2013, while standing ready to take additional measures in
case of slippages. Implement, by end-2012 at the latest, a binding, rule-based
multi-annual fiscal framework. Increase tax compliance and fight tax evasion,
and reduce incentives towards indebtedness in corporate taxation.
2.           Take action, without
further delay, to ensure the long-term sustainability of the pension system,
comprising (i) a significant acceleration of the progressive increase in the
retirement age compared to current legislation, (ii) a clear link between the statutory
retirement age and life expectancy and (iii) measures to encourage private
pension savings. Take measures to increase the participation of older workers
in the labour force and discourage the use of early retirement schemes.
3.           Take steps to reduce the
high rate of early school leaving. Pursue policy efforts in the education
system to match the skills required by the labour market. Enhance the provision
and affordability of more childcare and out-of-school centres, with the aim of
reducing the gender employment gap, and at the same time reducing the effects
of parenthood on female employment.
4.           Take the necessary further
steps to reform, in consultation with social partners and in accordance with
national practices, the system of wage bargaining and wage indexation, so as to
better reflect developments in labour productivity and reduce the impact of prices
of imports on the index.
5.           In order to reduce Malta's
dependence on imported oil, step up efforts to promote energy efficiency and
increase the share of energy produced from renewable sources by carefully
monitoring the existing incentivising mechanisms and by prioritising the further
development of infrastructure, including by completing the electricity link with
Sicily.
6.           To strengthen the banking
sector, take measures to mitigate potential risks arising from the large
exposure to the real estate market. Take measures to futher strenghten the provisions
for loan impairment losses.
Done at Brussels,
                                                                       For
the Council
                                                                       The
President
[1]               OJ L 209, 02.08.1997, p. 1
[2]               COM(2012)321 final
[3]               P7_TA(2012)0048 and P7_TA(2012)0047
[4]               Council Decision 2012/238/EU of 26 April 2012
[5]               COM(2012) 68 final
[6]               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.
[7]               Under Article 5(2) of Council Regulation (EC) No
1466/97.


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32003H0180

Council Recommendation of 7 March 2003 concerning the discharge to be given to the Commission in respect of the implementation of the operations of the European Development Fund (1995) (Eighth EDF) for the financial year 2001

Official Journal L 071 , 15/03/2003 P. 0016 - 0016

Council Recommendationof 7 March 2003concerning the discharge to be given to the Commission in respect of the implementation of the operations of the European Development Fund (1995) (Eighth EDF) for the financial year 2001(2003/180/EC)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community,Having regard to the Fourth ACP-EC Convention, signed at Lomé on 15 December 1989, as amended by the Agreement signed at Mauritius on 4 November 1995,Having regard to Council Decision 91/482/EEC of 25 July 1991 on the association of the overseas countries and territories with the European Economic Community(1), as revised in the interim by Decision 97/803/EC(2),Having regard to the Internal Agreement on the financing and administration of Community aid(3), signed in Brussels on 20 December 1995, and in particular Article 33(3) thereof,Having regard to the Financial Regulation of 16 June 1998 applicable to the Eighth European Development Fund(4), and in particular Articles 69 to 74 thereof,Having examined the revenue and expenditure account and the balance sheet relating to the operations of the European Development Fund (1995) (Eighth EDF) as at 31 December 2001 and the Court of Auditors' report relating to the financial year 2001 together with the Commission's replies(5),Whereas:(1) Pursuant to Article 33(3) of the Internal Agreement, the discharge for the management of the European Development Fund (1995) (Eighth EDF) must be given to the Commission by the European Parliament on a recommendation from the Council.(2) The overall implementation by the Commission of the operations of the European Development Fund (1995) (Eighth EDF) during the financial year 2001 has been satisfactory,HEREBY RECOMMENDS that the European Parliament give the Commission a discharge in respect of the implementation of the operations of the European Development Fund (1995) (Eighth EDF) for the financial year 2001.Done at Brussels, 7 March 2003.For the CouncilThe PresidentN. Christodoulakis(1) OJ L 263, 19.9.1991, p. 1.(2) OJ L 329, 29.11.1997, p. 50.(3) OJ L 156, 29.5.1998, p. 108 and Corrigendum OJ L 173, 18.6.1998, p. 54.(4) OJ L 191, 7.7.1998, p. 53.(5) OJ C 295, 28.11.2002, p. 289.


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31996H0199

96/199/EC: Commission Recommendation of 1 March 1996 concerning a coordinated programme of inspections in 1996 to ensure compliance with maximum levels of pesticide residues in and on certain products of plant origin, including fruit and vegetables

Official Journal L 064 , 14/03/1996 P. 0018 - 0026

COMMISSION RECOMMENDATION of 1 March 1996 concerning a coordinated programme of inspections in 1996 to ensure compliance with maximum levels of pesticide residues in and on certain products of plant origin, including fruit and vegetables (96/199/EC)THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Directive 90/642/EEC of 27 November 1990 on the fixing of maximum levels for pesticide residues in and on certain products of plant origin, including fruit and vegetables (1), as last amended by Directive 95/61/EC (2), and in particular Article 4 (3) thereof,After consulting the Standing Committee on Plant Health,Whereas Article 4 (2) of Directive 90/462/EEC requires the Member States to send to the Commission by 1 August 1995 all necessary information on the implementation during 1994 of their national programmes of inspection to ensure compliance with maximum levels of pesticide residues set in Annex II to the said Directive; whereas, nevertheless, it has not been possible for all Member States to formally submit their national reports by this date;Whereas Article 4 (1) of Directive 90/462/EEC requires Member States to draw up forward programmes laying down the nature and frequency of the inspections to be carried out to ensure compliance with the established list of maximum levels of pesticides residues; whereas Commission recommendation 95/156/EC of 8 March 1995, concerning a coordinated programme of inspections in 1995 to ensure compliance with maximum levels of pesticide residues in and on certain products of plan origin, including fruit and vegetables (3), recommended the Member States to send to the Commission by 1 September 1995 their intended national monitoring programmes for 1996; whereas nevertheless, it has not been possible for all Member States to formally submit their intended national monitoring programmes for 1996 by this date;Whereas Annex II of Directive 90/642/EEC has been completed by lists of maximum residue levels for certain pesticides by Council Directive 93/58/EEC (4), by Council Directive 94/30/EC (5) and by Council Directive 95/38/EC (6), to be implemented by the Member States not later than 1 July 1996 and has been amended by Council Directive 95/61/EC, to be implemented by the Member States not later than 31 October 1996; whereas the harmonized maximum levels of pesticide residues set out in Annex II should therefore be subject to the national and coordinated programmes of inspections in 1996;Whereas the amount of information made available to the Commission has not been sufficient to permit a complete overview of the Member States' pesticide residues monitoring activities during 1994 or to allow a comprehensive evaluation of the Member States' monitoring intentions for 1996; whereas, nevertheless, sufficient information is available to coordinate a programme of specific pesticides/product combinations at Community level; whereas examination of a systematic statistical approach to numbers of samples to be taken in the specific coordinated exercise has not been completed;Whereas it remains necessary to recommend general basic arrangements for the inspections for pesticide residues to be carried out by the Member States during 1996 in order to ensure compliance with the mandatory maximum levels of pesticide residues and to contribute to the completion and operation of the internal market;Whereas it is important that information on current national quality assurance measures applied to sampling and analyses of pesticide residue levels is made available by the Member States as a basis for further discussion;Whereas it would also be helpful for the establishment of future recommendations for the Commission to be informed in advance of the Member States' forward programmes for 1997 for the monitoring of maximum levels of pesticide residues provided for by Directive 90/642/EEC;Whereas information on the results of monitoring programmes and details of intended national monitoring programmes are particularly appropriate for treatment, storage and transmission by electronic/informatic methods; whereas formats have been developed for supply in diskette form to the Member States by the Commission; whereas Member States should therefore be able to send their reports for 1995 and intended national monitoring programmes for 1997 to the Commission in the standard format; whereas, however, it should be noted that the electronic/informatic treatment, storage and transmission of data is currently under study by the Member States and the Commission;Whereas the inspections and check sampling by Member States to ensure compliance with the maximum levels of pesticide residue set out in the list referred to in Article 1 (1) of Directive 90/642/EEC should be carried out in accordance with the requirements of Commission Directive 79/700/EEC of 24 July 1979 establishing Community methods of sampling for the official control of pesticide residues in and on fruit and vegetables (7), Council Directive 85/591/EEC of 20 December 1985 concerning the introduction of Community methods of sampling and analysis for the monitoring of foodstuffs intended for human consumption (8), Council Directives 89/397/EEC of 14 June 1989 on the official control of foodstuffs (9) and Council Directive 93/99/EEC of 29 October 1993 on the subject of additional measures concerning the official control of foodstuffs (10),HEREBY RECOMMENDS THE MEMBER STATES TO:1. as a priority criterion, monitor products from a significant proportion of the groups of products set out in Annex I to Directive 90/642/EEC;2. as a priority criterion, take a minimum number of samples reflecting production, consumption and importation into the Community of each product regularly throughout 1996 or during the marketing season of the product, with clearly recorded origin and stage of trade or marketing;3. as a priority criterion, analyse for residues of as many pesticides listed in Annex II to Directive 90/642/EEC as is possible, bearing in mind the analytical methods employed;4. as a priority criterion, draw up a general report on the current application of their quality assurance measures applied to sampling and analyses of pesticide residues, for information, at the same time as the report referred to in recommendation 6;5. as a specific exercise for 1996, sample and analyse for the product/pesticide residue combinations set out in Annex I, on the basis of a target number of 30 samples of each product, reflecting as appropriate, national, Community and third country shares of the Member State's market and report the results, including analytical methods used and quality assurance measures, by 1 July 1997 if possible, but at the latest by 1 August 1997;6. by 1 July 1996 if possible, but at the latest by 1 August 1996, send to the Commission all the information as required by Article 4 (2) of Directive 90/642/EEC and, in particular, report the results of the monitoring exercise 1995 concerning pesticides listed in Annex II to Directive 90/642/EEC using, as a far as possible, the model report forms as set out in Annex II to this recommendation (in electronic/informatic form if possible); and7. by 1 September 1996, send to the Commission their intended national monitoring programme for the year 1997 using, as far as possible, the model forms as set out in Annex III (in electronic/informatic form if possible).Done at Brussels, 1 March 1996.For the CommissionFranz FISCHLERMember of the Commission(1) OJ No L 350, 14. 12. 1990, p. 71.(2) OJ No L 292, 7. 12. 1995, p. 27.(3) OJ No L 103, 6. 5. 1995, p. 38.(4) OJ No L 211, 23. 8. 1993, p. 6.(5) OJ No L 189, 23. 7. 1994, p. 70.(6) OJ No L 197, 22. 8. 1995, p. 14.(7) OJ No L 207, 15. 8. 1979, p. 26.(8) OJ No L 372, 31. 12. 1985, p. 50.(9) OJ No L 186, 30. 6. 1989, p. 23.(10) OJ No L 290, 24. 11. 1993, p. 14.ANNEX I MRLs to be monitored in the specific exercise for 1996 set out in point 5 of the recommendation >TABLE>ANNEX II A >START OF GRAPHIC>>END OF GRAPHIC>ANNEX II B >START OF GRAPHIC>>END OF GRAPHIC>ANNEX II C >START OF GRAPHIC>>END OF GRAPHIC>ANNEX III A >START OF GRAPHIC>>END OF GRAPHIC>ANNEX III B >START OF GRAPHIC>>END OF GRAPHIC>


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31994H0182

COUNCIL RECOMMENDATION of 21 March 1994 concerning the discharge to be given to the Commission in respect of the implementation of the operations of the European Development Fund (1984) (Sixth EDF) for the financial year 1992

Official Journal L 084 , 29/03/1994 P. 0046 - 0046

COUNCIL RECOMMENDATION of 21 March 1994 concerning the discharge to be given to the Commission in respect of the implementation of the operations of the European Development Fund (1984) (Sixth EDF) for the financial year 1992 (94/182/EC)THE COUNCIL OF THE EUROPEAN UNION,  Having regard to the Treaty establishing the European Community, and in particular Article 206 thereof,  Having regard to the Third ACP-EEC Convention, signed at Lomé on 8 December 1984,  Having regard to Council Decision 86/283/EEC of 30 June 1986 on the association of the overseas countries and territories with the European Economic Community (1),  Having regard to the Internal Agreement on the financing and administration of Community aid (2), signed in Brussels on 19 February 1985, as amended by Decision 86/281/EEC (3), and in particular Article 29 (3) thereof,  Having regard to the Financial Regulation of 11 November 1986 applicable to the Sixth European Development Fund (4), and in particular Article 66 to 73 thereof,  Having examined the revenue and expenditure account and the balance sheet relating to the operations of the European Development Fund (1984) (Sixth EDF) as at 31 December 1992 and the Court of Auditors' report relating to the financial year 1992  together with the Commission's replies (5),  Whereas, pursuant to Article 29 (3) of the Internal Agreement, the discharge for the management of the European Development Fund (1984) (Sixth EDF) must be given to the Commission by the European Parliament on a recommendation from the Council;  Whereas the overall implementation by the Commission of the operations of the European Development Fund (1984) (Sixth EDF) during the financial year 1992 has been satisfactory,  HEREBY RECOMMENDSthat the European Parliament give the Commission a discharge in respect of the implementation of the operations of the European Development Fund (1984) (Sixth EDF) for the financial year 1992.  Done at Brussels, 21 March 1994.  For the Council The President Y. PAPANTONIOU  (1) OJ No L 175, 1. 7. 1986, p. 1.  (2) OJ No L 86, 31. 3. 1986, p. 210.  (3) OJ No L 178, 2. 7. 1986, p. 13.  (4) OJ No L 325, 20. 11. 1986, p. 42.  (5) OJ No C 309, 16. 11. 1993, pp. 231-254 and 353-360.


title: Commission Recommendation of 13 January 2010 on the secure exchange of electronic data between Member States to check the uniqueness of driver cards that they issue (notified under document C(2010) 19) (Text with EEA relevance)

text:
               14.1.2010

               EN

               Official Journal of the European Union

               L 9/10

         COMMISSION RECOMMENDATION
   of 13 January 2010
   on the secure exchange of electronic data between Member States to check the uniqueness of driver cards that they issue
   (notified under document C(2010) 19)
   (Text with EEA relevance)
   (2010/19/EU)
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on European Union and to the Treaty on the Functioning of the European Union, and in particular Article 292 thereof,
   Whereas:

               (1)

               Article 14 of Council Regulation (EEC) No 3821/85 of 20 December 1985 on recording equipment in road transport (1) requires the competent authority of a Member State to issue, at the request of a driver who has his normal residence in that Member State, a driver card, as defined in Annex IB to that Regulation.

               (2)

               Requirement 268a of Regulation (EEC) No 3821/85 requires Member States to exchange data electronically in order to ensure the uniqueness of the driver card that they issue. According to this requirement, the competent authorities of Member States may also exchange data electronically when carrying out checks of driver cards at the roadside or at company premises in order to verify the uniqueness and status of the cards.

               (3)

               The competent authority should ensure that applicants do not already hold a valid driver card.

               (4)

               Driver cards issued by Member States are mutually recognised.

               (5)

               The security, integrity and trustworthiness of the digital tachograph system should be assured by the proper control and use of driver cards issued throughout the European Union.

               (6)

               It is desirable that issuing authorities have effective processes and procedures in place to properly manage data about the issuance of tachograph cards in general, and driver cards in particular.

               (7)

               Member State issuing authorities should be able to check quickly, and reliably exchange, information about issued driver cards, and thereby prevent drivers being in possession of more than one valid driver card.

               (8)

               It should be possible for the responsible national authorities to verify during road side checks whether a driver is in possession of a driver card and to check the validity status of a given driver card.

               (9)

               The use of the TACHOnet messaging system is an established and trustworthy tool for the electronic exchange of data between Member States concerning the issuance and control of driver cards, and to which already 28 European countries are connected. The TACHOnet messaging system is defined by a set of reference documents, including XML messaging Reference Guide, all of which are published on the website of the Commission services responsible for the social aspects of the road transport policy.

               (10)

               The performance of the TACHOnet messaging system relies on the respective performances of the national systems. A minimum service level that Member States should endeavour to achieve in regard to availability of the system should therefore be set out,

         HAS ADOPTED THIS RECOMMENDATION:

      Use of TACHOnet

               1.

               As regards the exchange of information when checking the uniqueness of the driver cards issued in accordance with Regulation (EEC) No 3821/85, Member States should use the TACHOnet messaging system.

      Use of other compatible systems

               2.

               A group of Member States may also use, to exchange electronic data between themselves, a compatible system, which complies at least with the TACHOnet XML messaging Reference Guide published on the Commission website, as long as they exchange electronic data with all other Member States through TACHOnet.

      Procedure to check the uniqueness of driver cards

               3.

               Member States should, when checking the uniqueness of the driver card, use the procedure set out in Annex I.

      Use of TACHOnet or equivalent systems by National Control Bodies

               4.

               Member States should enable, encourage and support their national enforcement and control bodies to use TACHOnet and/or equivalent systems in order to facilitate effective checks of the validity, status and uniqueness of driver cards, notably either at the roadside, or at the premises of undertaking.

      Minimum level of service

               5.

               Member States should provide the minimum level of service of TACHOnet or a compatible system of point 2, as described in Annex II.

      Follow-up

               6.

               Member States are invited to inform the Commission of actions taken in light of this Recommendation by 30 June 2010.

      Review

               7.

               Should an equivalent system for the electronic exchange of data, applicable to all Member States, be available, the Commission should review this Recommendation, at the request of at least five Member States and after consultation of the Committee set up by Article 18(1) of Regulation (EEC) No 3821/85.

      Addressees

               8.

               The Recommendation is addressed to the Member States.

      Done at Brussels, 13 January 2010.

            For the Commission

         Antonio TAJANI

            Vice-President

      (1)  OJ L 370, 31.12.1985, p. 8.

      ANNEX I

         CHECKING THE UNIQUENESS OF THE DRIVER CARD

                  1.

                  All applications for driver cards should be checked against the driver card registry of the Member State where the application is made.

                  2.

                  In cases where the applicant holds a driving licence issued in the country of application, Member State card issuing authorities may use the TACHOnet messaging system or a compatible system to carry out random checks in order to establish whether the applicant has applied for and/or received a driver card in another Member State. These random checks should cover at least 2 % of all applications.

                  3.

                  In cases where the applicant holds a driving licence issued in another Member State than the country of application, Member State card issuing authorities should always use the TACHOnet messaging system or a compatible system.

                  4.

                  Member States issuing a driver card to a driver holding a driving licence issued in another Member State should immediately notify through TACHOnet or a compatible system this Member State that a driver card has been issued.

                  5.

                  A Member State which receives notification from another Member State that a driver card has been issued to a driver holding a driving licence issued in the notified Member State, should register this information in his driver card registry. This registration is not necessary if Member State card issuing authorities use TACHOnet or a compatible system in 100 % of the applications.

      ANNEX II

         MINIMUM LEVEL OF SERVICE

      Member States should apply the following minimum service standards with regard to TACHOnet or a compatible electronic data exchange system:
      1.   Service time frame and coverage: 24 hours/7 days
      2.   System Availability rate: 98 %
      System Availability rate represents the percentage of time when a system is operational.
      3.   System Response time: Maximum 60 seconds
      If a system does not meet the requested response time the Member State should undertake all necessary steps to bring the system back to normal response time as quickly as possible.
      4.   Maintenance procedure: Member State should notify other Member States and the Commission of any maintenance activities via the tool ‘Schedule Maintenance’ which is available on the TACHOnet web portal
      https//webgate.cec.eu-admin.net/tachonet/prod/tachonetportal/
      (access limited to connections via s-TESTA network).
      5.   Incident escalation: In case an incident cannot be rectified within 30 minutes the following escalation procedure should be applied by the Member State whose system is at origin of the incident


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31991H0141

91/141/ECSC: Commission Recommendation of 31 January 1991 concerning coal statistics

Official Journal L 074 , 20/03/1991 P. 0035 - 0076

COMMISSION RECOMMENDATION of 31 January 1991 concerning coal statistics (91/141/ECSC) THE COMMISSION OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Coal and Steel Community, and in particular Article 47 thereof,  Whereas statistics on coal are essential if the obligations imposed on the Community under Article 3 of the ECSC Treaty are to be complied with;  Whereas this is particularly true given the importance of coal for the Community's energy supplies and in the light of energy market trends in anticipation of the single market in the Community after 1992;  Whereas management of the coal sector depends increasingly on the early availability of full and reliable information on imports, exports and deliveries of solid fuels,  HAS ADOPTED THIS RECOMMENDATION: Article 1 The Member States shall supply the Commission, with effect from January 1991, with the statistical information specified in the questionnaires annexed to this recommendation under the conditions laid out therein. Article 2 This recommendation shall take effect on the day of its publication in the Official Journal of the European Communities.  This recommendation is addressed to the Member States. Done at Brussels, 31 January 1991. For the Commission Henning CHRISTOPHERSEN Vice-President