title: Recommendation for a COUNCIL DECISION on the conclusion of an Agreement between the European Economic Community and Malta for the supply of butteroil and butter as food aid (submitted to the Council by the Commission)

text:
ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (74) 1220
Vol. 1974/0195
 ---pagebreak--- Disclaimer
Conformément au règlement (CEE, Euratom) n° 354/83 du Conseil du 1er février 1983
concernant l'ouverture au public des archives historiques de la Communauté économique
européenne et de la Communauté européenne de l'énergie atomique (JO L 43 du 15.2.1983,
p. 1), tel que modifié par le règlement (CE, Euratom) n° 1700/2003 du 22 septembre 2003
(JO L 243 du 27.9.2003, p. 1), ce dossier est ouvert au public. Le cas échéant, les documents
classifiés présents dans ce dossier ont été déclassifiés conformément à l'article 5 dudit
règlement.
In accordance with Council Regulation (EEC, Euratom) No 354/83 of 1 February 1983
concerning the opening to the public of the historical archives of the European Economic
Community and the European Atomic Energy Community (OJ L 43, 15.2.1983, p. 1), as
amended by Regulation (EC, Euratom) No 1700/2003 of 22 September 2003 (OJ L 243,
27.9.2003, p. 1), this file is open to the public. Where necessary, classified documents in this
file have been declassified in conformity with Article 5 of the aforementioned regulation.
In Übereinstimmung mit der Verordnung (EWG, Euratom) Nr. 354/83 des Rates vom 1.
Februar 1983 über die Freigabe der historischen Archive der Europäischen
Wirtschaftsgemeinschaft und der Europäischen Atomgemeinschaft (ABI. L 43 vom 15.2.1983,
S. 1), geändert durch die Verordnung (EG, Euratom) Nr. 1700/2003 vom 22. September 2003
(ABI. L 243 vom 27.9.2003, S. 1), ist diese Datei der Öffentlichkeit zugänglich. Soweit
erforderlich, wurden die Verschlusssachen in dieser Datei in Übereinstimmung mit Artikel 5
der genannten Verordnung freigegeben.
 ---pagebreak---  COMMISSION OF THE EUROPEAN COMMUNITIES
                                                      COM(74)1220 final
                                                      Brussels , 25 July 1974
                             Recommendation for a
                              COUNCIL DECISION'
                on "the conclusion of an Agreement "between the
                 European Economic Community and Malta for
                the supply of "butteroil and butter as food aid
                 ( submitted to the Council "by the Commission)
COK(74) 1220 final
 ---pagebreak---  THE COUNCIL OP THE EUROPEAN COMMUNITIES ,
 Having regard, to the Treaty establishing the European Economic Community , and in
 particular Articles 11 3 » 114 and. 228 thereof }
Having regard to the Reoommendation from the Commission;
Whereas the Council in Regulation (EEC ) no . 530/74 of 4 March 1974 on "the supply of
milk fats as food aid decided to make 120 metric tons of butteroil and 30 metric tons
of "butter available to .Malta ;                                      '
HAS DECIDED :
                                 i     %
                                     •               •
                                                                    i
                                         Article   1
An Agreement between the European Economic Community and Malta for the sui'V' ."
of butteroil and butter as food aid is hereby, concluded on behalf of
the European Economic Community . The text of the Agreement is annexed to this
Décision .
                                         Article   2
                                                                              ♦
Tne President of the Council is authorized to designate the persons empowered to
sign the Agreement and to confer on them the powers required in order to bind the
Community .
Done at Brussels ,
                                                          For the Council
                                                           The President
 ---pagebreak---             AGREMENT
BETWEEN THE EUROPEAN ECONOMIC COMMUNITY
AND MALTA ON THE SUPPLY OF FOOD AID IN
THE FORM OF BUTTER OIL AND BUTTER
 ---pagebreak--- TIE COUNCIL OP THE EUROPEAN COMMUNITIES ,
                                           of the one part ,
THE GOVERNlfENT OP MALTA
                                           of -the other part ,
HAVE DECIDED to concluded this Agreement and to this end have
designated as their plenipotentiaries i
THE COUNCIL OP THE EUROPEAN COMMUNITIES :
THE GOVERNMENT OP MALTA s
WHO HAVE AGREED AS FOLLOWS :
 ---pagebreak---                                   -2-
                                ARTICIB I
The European Economic Community shall supply by way of gift to
Malta     (hereafter referred to as "the recipient country") a quantity
of 120 metric tons of butteroil and 30 metric tons of "butter .
The quality and packaging conditions are specified in Annex , «I which forms an
integral part of the present Agreement .
                                ARTICLS II
Deliveries shall be effected under the arrangements provided in Annex     II which
forms an integral part of the present Agreement .
                                ARTICLE III
                           l    ■
The recipient country undertakes to make all necessary arrangements for the
transport and insurance of the products from point of delivery to places of
destination .
It undertakes to exercise the greatest care to ensure that the tendering arran
gements for sea transport do not prejudice the free play of fair competition .
Any problems arising in this connection shall be the subject of consultations
voider Article VIII of the present Agreement .
                                ARTICLE IV
The recipient country undertakes to use the product received as aid for pur
poses of consumption and to apply , for the sale of the product on its market ,
the prices normally charged on that market for products of comparable quality .
The proceeds from this sale shall be paid into a special account with the
Treasury and allocated to the financing of one or more development projects
under arrangements which have been agreed in advance between the recipient
country and the European Economio Community .
                                                                   •/.
 ---pagebreak---                                        ARTICLE V
 " The Contracting Parties undertake to implement this Agreement in such a way
   as to avoid any prejudice to the normal structure of national production
   and international trade . To this end they shall take any measures required
   to ensure that supplies as aid are in addition to and do not replace "business
   transactions vjhich might reasonably "be expected in the absence of such supplies .
                                       ARTICLE VI
   The recipient country shall take all steps required to prevent :
   ( i ) the re-export of the product received as aid and also of any products
         resulting therefrom ;
   ( ii ) the export , commercially or otherwise , within a period of six months
           commencing ; from the final delivery , either of any product procured
           locally of the same nature as that received as aid , or of any products
           resulting therefrom .
                                       ARTICLE VII
   The recipient country undertakes to inform the EEC of how this Agreement
   is implemented . To this end it shall provide the Commission of the ."Europe an
   Communities v/ith the following details :
   ( i ) Immediately after the unloading of each cargo : ports and dates of
          arrival of vessel ; nature , quantity and any observations as to the
          quality of the products unloaded ; date on which unloading was completed ;
          costs of sea transport and of insurance relating thereto ;
• ( ii ) Every three months until the quantities received as aid have been fully
           used : quantities sold ; manner of sale ; actual selling prices ;normal selling
          costs on the recipient country 's market ; costs of insurance ( and of trans
         port if applicable ) from the port of unloading to the places of destina
        tion ;
   ( iii ) On 15 January every year until the special account has been fully
           expended :     ■
           a) Summary of the account ( incomings and outgoings ) to 31 December of
               the previous year ;                  -
           b) Stage of progress of the project or projects , indicating the total
               resources expended to that stage .
                                                                       ./•
 ---pagebreak---                                -4-
                               ARTICIS VIII  .
The Contracting Parties shall at the request of either consult each other
on any questions concerning the implementation of this Agreement .
                                                                      «
                               ARTICI E IX
This Agreement is drawn up in duplicate in the Danish , Dutch , English , French ,
German and Italian languages , each of these texts having equal force .
 ---pagebreak---                                                                     ANNEX I
                                  BUTTEROIL
I. QUALTTY
     ( A) Product characteristics :
          Concentrated milk fats containing not less than 99*8$ of pure fats ;
     ( B) Standard conroosition :
           (Analysis made at time of manufacture and packing)
          - Moisture and non-fat railk substance s-not more than 0.2$
          - Fats - not less than 99*9$
          - Free fatty acids - not more than 0.5    ( expressed as oleic acid)
          - Peroxide level/kg - not more than 1 unit ( in milli-equivalenVs of
             active oxygen per kg )
          - Taste - pure
          - Smell - absence of smell extraneous to butteroil
II . CONDITIONS OF PACKAGING
      a) Metal cans of 20 kg – 1 can per carton.
      b) Marked the packaging in English :
          BUTTEROIL
          GIFT OF THE EUROPEAN ECONOMIC COMMUNITY
          TO MALTA
 ---pagebreak--- BUTTER
I. Pûality                                                                    *
    1 . Unsalted butter                              ••
          a) Milkfat content       ••                     no^. iesB -than 82$
          b) Water content                                not more than 16$
          c ) To be produced out of pasteurized soured cream .
    2 . Salted Butter        ,
          a) Milkfat content                              not less than 80$
          t>) Water content                               not more than 16$
          c ) Salt content                                from 0.5$ to 2$
          d) To "be produced out of pasteurized unsoured cream .
        V
II . Pàcl:a<?h'tg
     "a) In 25 kg blocks
      "b) Packaging to "be of resistant materials , designed to ensure protection of
            the "butter throughout    the operations of transport , warehousing and
            distribution .
       c ) Marked on the packaging in English :
            HJTTER              ■•  -
           GIFT OP THE EUROPEAN ECONOMIC COMMUNITY
           TO MALTA
 ---pagebreak---                                                                AM1713X II
                            General   provisions
                                  Article 1
 Delivery shall be effected, and risks shall pass from the European Economic
  Community , hereinafter referred to as the EEC , to the recipient country at
 the moment at which the goods are put down at the point of exportation
 named "by the Commission of the European Communities at the    berth     specified
 by the recipient country or its agent referred, to in Article 2 . Without preju
 dice to Articles 7 and- 8 the EEC shall bear all costs up to delivery and the
 recipient country those beyond such delivery.
                                 Article 2
 The EEC shall appoint an agent to implement the provisions of the present
 Annex- or for each consignment - whose name and address it shall make known
 to the recipient country immediately following his appointment .
The. recipient country shall appoint an agent in the port or ports of shipment ,
 whose name and address it shall make known to the EEC with all despatch and
 if possible before the appointment of agent of the EEC .
                                 Article 3
Before implementing the procedures for appointing the agent of the EEC
referred to in Article 2 , the Commission of the European Communities and
the recipient country shall jointly establish the period during which deli
very must begin .
                       Obligations of the European Economic Community
                                 Article 4
Should the EEC not be in a position to carry out delivery on the date' and (if
applicable) on the schedule as provided in Article 6 , all costs
     ing for the recipient country- for example demurrage void freight and
dead freight- shall be borne by the EEJ1
 ---pagebreak--- The charges and the arrangements relating to demurrage laid down in the
contract between the reoipient country and the carrier must have been agreed
in advance "by the recipient country and . the agent of the EEC#
The other costs referred to in the first paragraph shall only be refunded
by the EEC if they have been paid by the recipient country with the approval
of the EEC .
                              Article 5
Should it prove impossible for the ESC to supply all or part of the goods
                                                              ι
on the date and within the time-limits provided for in Article 6 and without
prejudice to the provisions of Article 4 , a new date and a new time-limit
shall be agreed between the agents of the EEC and of the recipient country
for the delivery of all the goods or of the undelivered part theroof .
                                                                        \ .
                       Obligations of the recipient country
                              Article 6                                •.          |
                                                                                .
After contacting the EEC , the recipient country shall procure one or more vessels ;
to transport all the quantities provided for in Article 1 of the Agreement , of    [
                                                                                i
dimensions corresponding to the normal capacity of the port of shipment ; these    j,
vessels must be ready for loading on a date falling within the period referred     !
to in Article 3 «                                                                  î
The agent of the recipient country shall inform the agent of the EEC of this
date immediately on learning it , and also that for commencement of delivery,      j
if possible twenty days in advance and in any case ten days before the date        j
for commencement of delivery.                        „                             ,
He shall establish with the agent of the EEC the schedule on which delivery shall j
take place ,           *                                  /                        j
 ---pagebreak---                              Article 7 •                                         .
Should the recipient country be unable to begin loading on the date provided        j
for in Article 6 , paragraph 1 , the agent of the reoipient country shall in-       j
form the agent of the EEC without delay.                                             I
I9. this event a new date for the commencement of delivery and (if applicable) a nev
Schedule shall    ^ agreed between the agents of the EEC and of the recipient        j
country . The costs arising from this delay shall in all cases except force
majeure be borne by the recipient country.                                            j
Should the new date provided for in paragraph 2 be more than 30 clear days            j
after the date for loading provided for in Article 6 , paragraph 1 , the ESC          !
maysdispose of the goods without prejudice to its commitment under Article 1         j
of this Agreenent .                                                                    j
                                                                                i
                            Article 8                                                  i
                                1                                                       I
If the quant ity made available for loading on a vessel cannot be put on
board in its entirety , the recipient country shall inform the EEC as soon
as possible and no later than fifteen clear days after loading has been
completed whether it intends to accept or to renounce the balance .
In the former case the provisions of Article 7 » paragraphs 2 and      shall-
apply to the balance , if delivery has not yet taken place .
In the latter case the EEC may consider that it has discharged its commitment
to the recipient country under Article 1 of this Agreement and shall bear
the costs resulting from such renunciation .
        >
In any event after the expiry of an interval of fifteen clear days and in
the absence of any notice on the part of the recipient country , the renun
ciation shall be deemed to have taken place .
                              Article 9
Upon delivery of the goods , the recipient country shall hand to the agent of
the EEC a certificate of acceptance stating the port of shipment , date of
 acceptance , the nature and quantity of. the goods accepted and including
any comments on the quality of the goods .          ~
                                                              ./•


               EUROPEAN COMMISSION
            Brussels, 27.7.2016
            COM(2016) 520 final
            Recommendation for a
            COUNCIL DECISION
            giving notice to Portugal to take measures for the deficit reduction judged necessary in order to remedy the situation of excessive deficit
            {SWD(2016) 264 final}

               Recommendation for a

               COUNCIL DECISION

               giving notice to Portugal to take measures for the deficit reduction judged necessary in order to remedy the situation of excessive deficit

               THE COUNCIL OF THE EUROPEAN UNION,

               Having regard to the Treaty on the Functioning of the European Union, and in particular Article 126(9) thereof,

               Having regard to the recommendation from the European Commission,

               Whereas:

               (1)According to Article 126 of the Treaty on the Functioning of the European Union, Member States shall avoid excessive government deficits.

               (2)The Stability and Growth Pact is based on the objective of sound government finances as a means of strengthening the conditions for price stability and for strong sustainable growth conducive to employment creation. The Stability and Growth Pact includes Council Regulation (EC) No 1467/97 of 7 July 1997 on speeding up and clarifying the implementation of the excessive deficit procedure
                  1
               , which was adopted in order to further the prompt correction of excessive general government deficits.

               (3)On 2 December 2009, the Council decided, in accordance with Article 104(6) of the Treaty establishing the European Community (TEC), that an excessive deficit existed in Portugal and issued a recommendation to correct it by 2013 at the latest, in accordance with Article 104(7) of the TEC and Article 3 of Council Regulation (EC) No 1467/97. Following the request by the Portuguese authorities for financial assistance from the European Union, the Member States whose currency is the euro and the International Monetary Fund (IMF), the Council granted financial assistance to Portugal
                  2
               . The Memorandum of Understanding on Specific Economic Policy Conditionality (the "Memorandum of Understanding") between the Commission and the Portuguese authorities was signed on 17 May 2011. Since then, the Council has addressed two new recommendations to Portugal (on 9 October 2012 and 21 June 2013) on the basis of Article 126(7) of the Treaty on the Functioning of the European Union, which extended the deadline for correcting the excessive deficit to 2014 and 2015 respectively. In both recommendations, the Council considered that Portugal had taken effective action, but unexpected adverse economic events with major unfavourable consequences for government finances had occurred.
                  3

               (4)According to the provisions of Article 126(8) of the Treaty, the Council decided on 12 July 2016 that Portugal did not take effective action in response to the Council Recommendation of 21 June 2013.

               (5)If actual data pursuant to Regulation (EC) No 479/2009 indicate that an excessive deficit has not been corrected by a participating Member State within the time limits specified in a recommendation issued under Article 126(7) of the Treaty, the Council should immediately take a decision under Article 126(9) of the Treaty.

               (6)The Commission 2016 spring forecast projects a moderate recovery of the Portuguese economy. In 2016, real GDP is projected to grow by 1.5%, at the same pace as in 2015, mainly driven by domestic demand amid still high macroeconomic imbalances. Private consumption is expected to lose momentum in 2016 due to higher indirect taxes and a slight recovery in energy price inflation. The strong rebound in the consumption of durable goods in the first half of 2015 is not forecast to be maintained over the medium term as still high unemployment and debt levels are projected to keep upward pressures on household savings. Business investment already decelerated significantly over the second half of 2015 and is not expected to resume its previous growth rate soon, despite a relatively high capacity utilisation rate. Total investment is anticipated to gain some pace in 2017, supported by EU structural funds and the improvement in financing conditions. Exports are forecast to grow in line with foreign demand, but imports are still expected to outbalance exports. As a result, the contribution of net trade to GDP growth is forecast to remain slightly negative although significantly less so than in 2015. HICP inflation is expected to increase to 0.7% in 2016, mainly driven by higher indirect taxes. While downward risks to the outlook have increased since the publication of the spring forecast, data on the first quarter of 2016 and preliminary information on the second quarter overall confirm the outlook of the forecast for the rest of the year.

               (7)According to the Commission 2016 spring forecast, the general government deficit is expected to decrease to 2.7% of GDP in 2016. The 2016 Budget, which entered into force on 31 March 2016, targets a deficit of 2.2% of GDP, which was confirmed in the 2016 Stability Programme. The difference between the government's target and the Commission forecast is due to the Commission's less optimistic macroeconomic scenario, leading to lower tax revenues and higher social expenditure, as well as the Commission's more conservative assessment of the yields of some consolidation measures, in particular as regards planned savings in intermediate consumption and other current expenditure. The Commission 2016 spring forecast projects the general government deficit to decline further to 2.3% of GDP in 2017. The projected improvement is largely linked to a deficit improving one-off operation linked to the expected recovery of the Banco Privado Português (BPP) bank guarantee worth about ¼% of GDP. Adjusted for this one-off budgetary impact, the deficit would be projected to reach 2.6% of GDP in 2017. Based on the Commission's assessment of the yields of the measures indicated in the 2016 Budget and in the 2016 Stability Programme, the structural deficit is expected to deteriorate by ¼% of GDP each year in 2016 and 2017 according to the Commission 2016 spring forecast.

               (8)The general government gross debt-to-GDP ratio has broadly stabilised during the period 2013-2015, reaching 129.2% in 2013, 130.2% in 2014 and 129.0% in 2015. Taking into account significant debt-reducing stock-flow adjustments in 2016 and continued primary surpluses, the Commission 2016 spring forecast projects the debt ratio to decrease to 126% of GDP in 2016, and subsequently to 124.5% of GDP in 2017. Portugal does not appear to face considerable risks of fiscal stress in the short term, while short-term challenges are nevertheless not excluded (stemming from gross and net public debt, gross financing needs, the net international investment position, as well as the level and the change in the share of non-performing loans or general capital needs in the banking system). In the medium term, however, risks appear to be significant due to the high stock of debt and the high sensitivity of the debt ratio to possible interest rate increases and negative nominal growth shocks. In the long term, provided that adequate structural primary balances are consistently preserved, sustainability risks appear low owing to the pension reforms implemented in the past.
                  4

               (9)Under the fiscal policy measures taken in the 2016 Budget, the general government deficit would be below 3% of GDP in 2016. However, according to the Commission 2016 spring forecast, the safety margin against breaching the Treaty reference value is narrow. Against the background of high uncertainties regarding economic and budgetary developments, the budgetary targets recommended for the correction year should be set at a level clearly below the Treaty reference value of 3% of GDP, in order to guarantee a durable correction of the excessive deficit situation within the requested deadline.

               (10)According to Article 5 of Regulation (EC) No 1467/97, in the Council decision to give notice to take measures for the deficit reduction in accordance with Article 126(9) of the Treaty, the Council shall request that the Member State achieve annual budgetary targets which, on the basis of the forecast underpinning the notice, are consistent with a minimum annual improvement of at least 0.5% of GDP as a benchmark, in its cyclically adjusted balance net of one-off and temporary measures. As this Council decision to give notice is adopted in the second half of the year, and taking into consideration the current Commission estimates of the spring forecast, an unchanged structural balance would be warranted for 2016 to provide a sufficient safety margin towards a durable correction of the excessive deficit.

               (11)Therefore, a credible and sustainable adjustment path would require Portugal to reach a general government deficit of 2.5% of GDP in 2016, which is consistent with an unchanged structural balance with respect to 2015. Those budgetary targets take into account the need to compensate for second-round effects of fiscal consolidation on public finances, through its impact on the wider economy.

               (12)The deficit target implied by the proposed adjustment path does not incorporate the possible direct fiscal effect of potential bank support measures in the second half of 2016. This is because there is high uncertainty regarding the effective implementation and statistical recording of these measures, and hence their possible impact on deficit and debt. Any possible bank sector support measures should aim at limiting the fiscal impact to the minimum possible to ensure debt sustainability.

               (13)To attain the budgetary targets implied by the proposed adjustment path, additional consolidation measures with an estimated impact of 0.25% of GDP in 2016 are considered necessary, also in view of the structural deterioration identified in the Commission 2016 spring forecast. In particular, Portugal shall implement the measures included in the 2016 Budget as well as the expenditure control mechanism in the procurement of goods and services, which is currently highlighted in the 2016 Stability Programme. These savings would need to be complemented with other measures of a structural nature which could focus on the revenue side aiming at increasing the yields of indirect taxation by broadening the tax base and reducing tax expenditures. One way to achieve this could be by adjusting the still broad use of reduced VAT rates.

               (14)In addition, Portugal should reinforce structural reforms to enhance competitiveness and long-term sustainable growth in line with the Council Recommendations addressed to Portugal in the context of the European Semester and in particular those related to the correction of its excessive macroeconomic imbalances. In particular, further fiscal-structural measures are necessary to strengthen the resilience of Portugal’s public finances. The timely and strict implementation of the revised Budget Framework Law and the Commitment Control Law as well as further improvements in revenue collection and expenditure control may significantly contribute to achieving and maintaining a healthy fiscal position. Portugal should present a clear schedule and implement steps to clear arrears fully and improve efficiency in the health care system, to reduce the reliance of the pension system on budget transfers and to ensure fiscal savings in the restructuring of State-owned enterprises.

               (15)According to Article 126(9) of the Treaty, the Council may, as part of its decision to give notice under this Article, request the Member State concerned to submit reports on the adjustment effort in accordance with a specific timetable. According to Article 5(1a) of Regulation EC (No) 1467/97, the Member State report should include the targets for government expenditure and revenue and specify the fiscal policy measures on both the expenditure and the revenue side, as well as information on the policy actions being taken in response to the specific Council decisions. In order to facilitate the monitoring of the deadline for compliance with the recommendations contained in this notice, as well as the deadline for correction of the excessive deficit, Portugal is requested to submit such a report before 15 October 2016, in parallel with its 2017 Draft Budgetary Plan.

               (16)By the same deadline, Portugal should also present an economic partnership programme in accordance with Articles 9(1) and 17(2) of Regulation (EU) No 473/2013 of the European Parliament and of the Council of 21 May 2013. The economic partnership programme should describe policy measures and structural reforms that are needed to ensure an effective and lasting correction of the excessive deficit, as a development of the national reform programme and the stability programme, and fully taking into account the Council recommendations on the implementation of the integrated guidelines for the economic and employment policies.

               (17)Portugal should also report to the Commission and the Economic and Financial Committee as required under Article 10 of Regulation (EU) No 473/2013 in accordance with the specifications laid down in Commission Delegated Regulation (EU) No 877/2013. The report should be submitted for the first time by 15 January 2017 and on a three-monthly basis thereafter.

               HAS ADOPTED THIS DECISION:

               Article 1

               1.Portugal shall put an end to the present excessive deficit situation by 2016.

               2.Portugal shall reduce the general government deficit to 2.5% of GDP in 2016. This target does not include the impact of the direct effect of potential bank support. This improvement in the general government deficit is consistent with an unchanged structural balance with respect to 2015, based on the Commission 2016 spring forecast. Portugal shall also use all windfall gains to accelerate the deficit and debt reduction.

               3.In addition to the savings already included in the Commission 2016 spring forecast, Portugal shall adopt and fully implement consolidation measures for the amount of 0.25% of GDP in 2016. In particular, Portugal shall implement fully the consolidation measures incorporated in the 2016 Budget, including the additional expenditure control in the procurement of goods and services highlighted in the Stability Programme. Portugal shall complement those savings with further measures of a structural nature to achieve the recommended structural effort.

               4.Portugal shall stand ready to adopt further measures should risks to the budgetary plans materialise. Fiscal consolidation measures shall secure a lasting improvement in the general government balance in a growth-friendly manner.

               5.To ensure a durable improvement of public finances, Portugal shall strictly implement the Budget Framework Law and the Commitment Control Law and further improve revenue collection and expenditure control. Portugal shall present a clear schedule and implement steps to fully clear arrears and improve efficiency in the health care system, to reduce the reliance of the pension system on budget transfers and to ensure fiscal savings in the restructuring of State-owned enterprises.

               Article 2

               6.The Council establishes the deadline of 15 October 2016 for Portugal to take effective action and to submit a report to the Council and the Commission on action taken in response to the Council notice. The report shall include the targets for the government expenditure and revenue and specify the discretionary measures on both the expenditure and the revenue side, as well as information on the actions being taken in accordance with Article 1(5).

               Article 3

               This Decision is addressed to the Portuguese Republic.

               Done at Brussels,

                     For the Council

                     The President

                     (1)
                  OJ L 209, 2.8.1997, p. 6.

                     (2)
                  Council Implementing Decision 2011/344/EU of 30 May 2011 on granting Union financial assistance to Portugal, OJ L 159, 17.6.2011, p. 88.

                     (3)
                  All documents related to the excessive deficit procedure of Portugal can be found at:

                     http://ec.europa.eu/economy_finance/economic_governance/sgp/deficit/countries/portugal_en.htm

                     (4)
                  European Commission (2016), "Fiscal Sustainability Report 2015", European Economy, Institutional Paper No. 018.


title: RECOMMENDATION FOR A COUNCIL DECISION authorising the Commission to open negotiations with Poland for the conclusion of an Agreement on trade in textiles (submitted to the Council by the Commission)

text:
ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (76) 671
Vol. 1976/0203
 ---pagebreak--- Disclaimer
Conformément au règlement (CEE, Euratom) n° 354/83 du Conseil du 1er février 1983
concernant l'ouverture au public des archives historiques de la Communauté économique
européenne et de la Communauté européenne de l'énergie atomique (JO L 43 du 15.2.1983,
p. 1), tel que modifié par le règlement (CE, Euratom) n° 1700/2003 du 22 septembre 2003
(JO L 243 du 27.9.2003, p. 1), ce dossier est ouvert au public. Le cas échéant, les documents
classifiés présents dans ce dossier ont été déclassifiés conformément à l'article 5 dudit
règlement.
In accordance with Council Regulation (EEC, Euratom) No 354/83 of 1 February 1983
concerning the opening to the public of the historical archives of the European Economic
Community and the European Atomic Energy Community (OJ L 43, 15.2.1983, p. 1), as
amended by Regulation (EC, Euratom) No 1700/2003 of 22 September 2003 (OJ L 243,
27.9.2003, p. 1), this file is open to the public. Where necessary, classified documents in this
file have been declassified in conformity with Article 5 of the aforementioned regulation.
In Übereinstimmung mit der Verordnung (EWG, Euratom) Nr. 354/83 des Rates vom 1.
Februar 1983 über die Freigabe der historischen Archive der Europäischen
Wirtschaftsgemeinschaft und der Europäischen Atomgemeinschaft (ABI. L 43 vom 15.2.1983,
S. 1), geändert durch die Verordnung (EG, Euratom) Nr. 1700/2003 vom 22. September 2003
(ABI. L 243 vom 27.9.2003, S. 1), ist diese Datei der Öffentlichkeit zugänglich. Soweit
erforderlich, wurden die Verschlusssachen in dieser Datei in Übereinstimmung mit Artikel 5
der genannten Verordnung freigegeben.
 ---pagebreak---         COMMISSION OF THE EUROPEAN COMMUNITIES
                                                   COM(76)671 final.
                                                   Brussels , 9 December 1976
                          RECOMMENDATION FOR A COUNCIL DECISION
                    authorising the Commission to open negotiations
                    with Poland for the conclusion of an Agreement
                                   on trade in textiles
                        ( submitted to the Council "by the Commission)
CQK(76 ) 671 final.
 ---pagebreak---                            EXPLANATORY
 1.          The Coramunity Is a party to the Arrangement regarding Interna
 tional Trade in Textiles ( M.F.A. ). Article U of this Arrangement leaves
 open the possibility for participating countries to conclude bilateral
 agreements between importing and exporting countries . The Community was of
 the opinion that it was through the conclusion of such agreements with its
 principal suppliers that the principal objective of the M.F . A. , particularly
 the orderly and equitable development of trade in textiles , could best be
achieved .
             In accordance with this view , negotiations were initiated with
several third countries .
2. *         The Committee of Permanent Representatives decided at its meeting
on 12 March 1975 that negotiations should also be proposed by the Community
 to the three state-trading countries which are parties to the M. F . A.-
Hungary , Poland and Romania ( without prejudice to possible negotiations for
global trade agreements ). It also agreed the text of a letter to be addressed
by the Commission to the three countries indicating the willingness of the
Community to open negotiations which , "while taking account of the differences
 in commercial structures , would be based on the provisions of Article 1 of
 the M.F.A , n ( see text of letter in Annex A ).
             On November 24 , 1976 , the Polish authorities replied ( see Annex B )
 that they were prepared to open bilateral negotiations with the Community
 with a view to concluding an Agreement on trade in textiles , negotiations
 would take place on the basis of proposals and declarations concerning bila
 teral negotiations made in the framework of the M.F.A. and contained in the
 letter * of Mr. Wellenstein of March 2*1 , 1975 , and in that delievered through
 the Polish Embassy on June 2,1976 ( copy of the letter in Annex C ) .
 ---pagebreak--- 3.           In view of the favourable response from Pol end to the Coram; Ti-hy
offer , the Commission is of the opinion that negotiations with Poland should
be opened aa soon as possible . In unofficial conversations between the
CosHBission' a services and the Polish authorities and in meetings of the
Council 's textile group on the preparation of negotiations with one of
the stats-trading countries mentioned below ( 1 ) certain elements which could
serva as a basis for the negotiations have emerged .
             In the light of these elements and obligations of the M.F.A. ,
the Commission considers that the negotiations with Poland should be governed by
the same criteria as the other negotiations which have already taken place ,
preserving those items which are necessary to . take account of the differences
in commercial structures mentioned in the Commission 's letter , cited above
at point 2 .
             On the internal level , the provisions adopted for the preceding
negotiations , particularly burden-sharing , should apply .
             Consequently , the Commission recommends to the Council , by
virtue of Article 113 of the Treaty , that it adopt the attached Decision .
( 1 ) It is useful to recall that negotiations have meanwhile taken place with
      Romania , this country having accepted the Community 's offer to negotiate ,
      and an Agreement has been initialled with that country on November 10,1976 .
 ---pagebreak---            Recommendation for a Council Decision
                                          »
authorising the Commission toppen negotiations with.poland
for the oonolusion of an agreement on trade in textiles
The Council of the European Communities ,
Having regard to the Treaty establishing the European iSoonOmic Community
and in particular Article 113 thereof,
Having regard to the recommendation from the Commission,
Whereas Article 4 of the Arrangement Regarding International Trade in
Textiles leaves open the possibility for the conclusion of bilateral
agreements between importing and exporting countries ;
Whereas , the Community considers that the conclusion of such agreements
with the third countries which are its principal suppliers would best
enable it to achieve the objectives of the said Arrangement Regarding
International Trade. an Textiles ;
Mhereas , consequently, the Community proposed to Poland*: & party
to the said Arrangement , the opening of negotiations for the conolueion
of . an agreement on trade in textiles and whereas Poland has responded
favourably,
H8L3 ADOPTED THIS DECISION t                ..
                               Article 1
       The Commission is hereby authorised to open negotiations with
Poland < with a view to the oonolusion of an agreement on trade in
textile products , in accordance with the provisions of fche Arrangement
Regarding International Trade in Textiles .
                                                     •/6 •
 ---pagebreak---       The Commission shall conduct such negotiations in ©o»®*at
triih the special Article 113 Committee and on the       of the
directives in the Annex hereto#
                    *
Doss© at Brussels .                          For the Council
                                              The President
 ---pagebreak---                 X)ir eotiyes for n e ^-ot xations with Poland
                        »
I.   Items identical with those adopted with regard to all the countries
     with which the Community has negotiated .
     a) Auto limit at ion agreement , valid until 31 December 1977 j with
            an administration system which includes double-checking ,
     b ) Coverage of the agreement established selectively on the
            basis of the criteria, in Article 4 of the M.F.A. : elimination
            of real risks of market disruption and the fixing of ceilings
            based on that concept®
     c ) Binding consultation clause and regional measures .
     d) Provisions for flexibility , carry-over and anticipation.
II .  Âdditional itéras
       a) Inclusion of linen in the coverage of the agreement .
       b ) Provisions relating to outward processing traffic ; of the kind
             adopted for Yugoslavlae
HI .   Specific lteas flowing from the differences in commercial structures
        ( particularly price ).
       - Conditions analogous to those adopted ' on this subject in the
           framework of the negotiations with Romania ,,


title: RECOMMENDATION FOR A COUNCIL DECISION on the conclusion of an agreement between the European Economic Community and the Republic of Niger for the supply of cereals as food aid (submitted to the Council by the Commission)

text:
ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (74) 2170
Vol. 1974/0359
 ---pagebreak--- Disclaimer
Conformément au règlement (CEE, Euratom) n° 354/83 du Conseil du 1er février 1983
concernant l'ouverture au public des archives historiques de la Communauté économique
européenne et de la Communauté européenne de l'énergie atomique (JO L 43 du 15.2.1983,
p. 1), tel que modifié par le règlement (CE, Euratom) n° 1700/2003 du 22 septembre 2003
(JO L 243 du 27.9.2003, p. 1), ce dossier est ouvert au public. Le cas échéant, les documents
classifiés présents dans ce dossier ont été déclassifiés conformément à l'article 5 dudit
règlement.
In accordance with Council Regulation (EEC, Euratom) No 354/83 of 1 February 1983
concerning the opening to the public of the historical archives of the European Economic
Community and the European Atomic Energy Community (OJ L 43, 15.2.1983, p. 1), as
amended by Regulation (EC, Euratom) No 1700/2003 of 22 September 2003 (OJ L 243,
27.9.2003, p. 1), this file is open to the public. Where necessary, classified documents in this
file have been declassified in conformity with Article 5 of the aforementioned regulation.
In Übereinstimmung mit der Verordnung (EWG, Euratom) Nr. 354/83 des Rates vom 1.
Februar 1983 über die Freigabe der historischen Archive der Europäischen
Wirtschaftsgemeinschaft und der Europäischen Atomgemeinschaft (ABI. L 43 vom 15.2.1983,
S. 1), geändert durch die Verordnung (EG, Euratom) Nr. 1700/2003 vom 22. September 2003
(ABI. L 243 vom 27.9.2003, S. 1), ist diese Datei der Öffentlichkeit zugänglich. Soweit
erforderlich, wurden die Verschlusssachen in dieser Datei in Übereinstimmung mit Artikel 5
der genannten Verordnung freigegeben.
 ---pagebreak---   COMMISSION OF THE EUROPEAN COMMUNITIES
                                                         COM(74)2170 final
                                                         Brüssels , 20 December 1974
                                 RECOMMENDATION FOR A
                                   COUNCIL DECISION
                  on "the conclusion of an agreement "between the
                 European Economic Community and. "the Republic of
                    Niger for the supply of cereals as food aid
                    ( submitted to the Council "by the Commission)
C0M(74 ) 2170 final
 ---pagebreak--- MBS COURCIL OF TIIE KDROPIttlf OOlOiUlJJ.TLilb ,
Having rc-ard to iho Treaty oBtabliuhing the 3;Iuropen.n i-conou-.c Cor.ua,
and in particular Art:L dors 1 1 3 > 114 aVJ(^          thenooj. ,
Having renard to the nocoramanclation from the Cor, mi runou ;
                                                           t
Whereas the European Economic Community has concluded the second Convention
relating to food aid ( l )
                                      •             \ ,       Tft-i- 'pv, 0f 14 . 1 . 197^
T/hereaw the Republic of        Niger             } by .. i£> ■ •
lias requented food ri à :
Whereas in vi ev? of the cereal _ supply s?..tv.av.'.on in the Republic
that country should he accorded , by vegr of gift , . 10 000 tonnes of
 sorghum .                                                      ..     ,   ■- ,
D'/.ICim-'S ;
                                             Article 1
 Oil behalf of the European Economic Coinimuiity .eii Agreement , i-.us i-c.-
 is annexed liereto, shall 1» coscMod hetueen the Euresoan Boonoauc
 Jt the Republic of NiKer .                for the supply of sorBhum as food aid .
                                             /.rtiol^2,
                                                                         K
  The President of the Council is hereby authorized to aesx^ue
  «rj> sien the Asrceaent ancl to confer "on tbem the requisite «,:crB to W
                          •              #         »•                           \ .
  the Coinwmity . '*
                                                                                For the Council
 Donc at IprxiGsels ,              ■ 1$)
                                                                                The Président
   ( l ) O.J. L 219 - from 9.8.1974 , 35
 ---pagebreak---                      • AGIffiKi'iiTi -T
BE-Iira^T ÏIC3 rXJROIJFAI-T ttCOKOIïCC COI'-u-ÏUIjIJM.
Al® 'Jïïi'O IffiP'üBLIC OF NIGER
C03.JCURxr.ttTG TiES SUPP1.Y A3 POOD AU) (W
 CEKEALS .
 ---pagebreak---  Tiie gouïTCiL oy Mus isonopjSAjr • ooisïma'Wss ,
                           ,                                      on "tliO ono haml .
            •                                                                     •
 Tlffi GOVEajEim' 01? ïïi'J IffiPUL'LIC OF  NIGER
                                                                   on:*the other hand.,
llimi DEOIDKQ *to conclude *fchia Agreciiìe.n'1; ra*d io this end lie.ve doai^nateci
an imdr pi ani pòi enti ari e a : '                              •   '
'JUWi CO'OlKfXL 07 TïK VÜJïOPJ2r\ïJ (XKffiUmTiöS :
EIS GOVI'SüraT 05' ES HEFUBLIC OF NIGER
HïIO HAYE A0RK3D AS F0LLGVÎ3 :
 ---pagebreak---                                    ' '  ΛΓΊ·:ϊο1Ο Χ
  As a part of ita Pooci* Aid - Prosrwame (Cereal o ) for 1973/74 » '^ho Europe'.#)
  Kconornic Conimu.nity filial 1 supply free to the Republic of Niger
  hereinafter referred as the "recipient country" , v.'ith 10 000         tonnes^
      - sorghura .
                                        Article 7.7. ■
  Deliveries will be n&dc in new jute sacks . Kith a net weight of 50 kg each free
 to the places of destination , to "be fixed by the recipient country and the
 European Economic Community by mutual consent .
                                       Artic le in
  The obllgT/tions *?#.& responsibilities of 'I'.ho       pcavi Sconorxic Gorxmniiy vxiu
 of the recipient corxttry relo,l:int'; to delivery and the takinr; of delivery ore •
 defined in the Anne::-:. vhich forms en ■ integral pr.rt of tlii s A&rcei.ient .
   •.                                  Article TV
 !The' recipient conn'try undertakes to nake all necessary arr&n£cn,. cnY.?j i or one
 transport and insurance of the product fro:/: the places of destination on .
                                                        f                                *
                                     ' Article V                                  *•
                                                I                •
                                                                                \ •
 The recipient country undertakes to use the product received as aid for
 purposes of consumption and to distribute it to people in need free of cnar^e »
                                       Article VI               «
'.Uhe Contracting Parti ps \widertake to implement this Agreement in sucn a v;ay
as to avoid any prejudice to the normal" structure of doine'stic production and
international trade . To this end they shall take any measures required to
ensure that aid supplies arc in -addition "to , and do not replace business
transaction." which mirht reasonably be expected in . the absence of such supplies-' .
 ---pagebreak---      ■             •                     ' • Article vn
'ihe recipient oountsy ehttll ipi'.o any iflor.si'roa .1 ' a^ud to P* w t,n
 (i ) '.Ciie re-export of the products received as aid find o^ products and ^ y
         .
            product *} result
                        .
                                      frow r-mch Kupplie.Tj*
                                                                                .               I
                                                                                A
                                    .                                        .                                  *
           rJ.'he export , commercially or othorwioe . t.o. kh.ui si>- mem i>i<cs of "ibe                            ^
           delivery, cither of the products obtained locally n»a °- "Jl°                                    n" lAU "
                   ji          j j. „, A
            o.rs the products received
                                                  ,,-ir5 " or of pnv products or by-products resulting
                                                  l--x a o:r ° x "
            from it .
                                             Article VXÏÏ
 WIG recipient country undertakes to inform Ihe European Economic Cosemniy
 how1 thin Agreement is being implenented, To this end it Bhall provide the
       .       .          . ,,                                             "evorv three months until the quantities
 CoíSEviocion of the '.IJ.-.ropcc.n C-oJ-nnunre^es ev • ry __
 received as aid have been fully used : reports indicating in particular num el
 and nature of the beneficiaries , the quantities distributed , place ^ an
 inanner of distribution .
                 -    •                                                                                '
                                                                                .                  *  -     «
                                                         f                                t
                                                Article XX
                                              UJLI-Iimn «' I>nr              l i(«4
                                                                                *                     l
                                                                                –                         V
 The recipient country shall taJcc all appropriate steps to enable those peK>on.>
 duly authorised by the European Economic Community to insJce on . the spot obser
 vations of the operations connected with the implementation of the Agreement .
         »                                    i i
                                                 Article X
                                                    -  -           - .   i     ■ ■■
                                                                                *
 At the request of cither party , the contracting parties shall consult one
 another on all questiona concerning the application of this Agreement .
                                        ■         Articl i ■'! i "
                                                                       fi XI  1,1 1
                                                                                '       • '
                                                                                •               •
 This Agreement is clravm up in tv/o copies in the Danish , Dutch , English, Frenc
 German and Italian languages , these texts being equally authentic .
 ---pagebreak---               ANinSX RL^KRRKD TO 111 ARTICLE I AJ. O;:1 TIT ",
Delivery shall "be effected and risks shall pass from the European vson
Community "to "the recipient country a"t the moment at wlu.ch the goods
roach the place of destination .         -
The recipient country shall pay all costs of taking delivery of the goods,
any transshipment costs and all costs subsequen i> to delivery .
Any costs resulting from delays in talcing delivery which .Jto attr*
to the recipient country shall "be "borne "by the latter*
                                      Article 2
 The European Economic Community shall notify the rccipeno poiai rj ,
 as possible after the goods have left the port of 1OC.AJ. II l, , of
 loading, the quantity and quality of the goods as. recorded at loading, . the
 port of unloading and the means of land transport used to transfer the goods
 to the place of delivery .
                                       Article 3
                                       rir – T " . - –«■»»■»« *
 The European Economic CoMunity shall inform the recipient country of the
  cr.tiinatcd tale of arrival of the eood# at ihe place of delivery at least ten
  clear days "before that ciate .
  The European Economic Community shall he obliged to inform the recipient
  country at least two days "beforehand of the pro"ba"blo date of arrival oi t^e
  goods at the place of delivery .
 ---pagebreak---  On Oliver., a tolerance of 5 1' ^ «»■ «» V*** #f                 **          |
 ,; nv,.,Jlcd under Article I of tho Agroe»<mt i» permitted .
     *" *      •                                                           .
                                                                              !
                                    Article 5 "
                                    lu«kV« «
 *, implement the provisions' of. 'this tonex.'the European Economic Conmnity
  shall appoint » author!sod aCcnt , »hoo. »*» »4 **– sh*U *
 Irnoun in good 'time to tho recipient country.
  0-h.e rcoipieni omnrtrj ohali appoint a reociving agent ai oach place o      j
  Mi«, , >,>,030 name ' and address .hall he made known to the European         |
  l^conomic Coinmnnity before the Agreement is implemented.     .               !
                                      Article 6
On"dolivory of the goods the country of destination shall hand to the author:
agent of the European Economic Community a taking-over certificate , stating \
place and date of taking over , the nature and the quantity as veil as contige
observations about the quality of these gooas and shall send a copy theveof
the Commission of the European Community .       .                              j


               EUROPEAN COMMISSION
            Brussels, 29.10.2015
            COM(2015) 547 final
            Recommendation for a
            COUNCIL DECISION
            approving the renewal of the participation of the European Atomic Energy Community (Euratom) in the Framework Agreement for international collaboration on research and development of Generation IV nuclear energy systems

               EXPLANATORY MEMORANDUM

               1.CONTEXT OF THE PROPOSAL

               The Generation IV International Forum (GIF) as stated in the GIF Charter, is a framework for international cooperation in research and development launched at the initiative of the USA in 2001. The objective is to pool efforts to develop new nuclear energy system designs which will provide a reliable supply of energy, while satisfactorily addressing nuclear safety, waste minimisation, nonproliferation and public concerns.

               On the basis of Commission Decision C(2002)4287 of 4 November 2002, the European Atomic Energy Community (hereafter "Euratom"), adhered to GIF by signing, on 30 July 2003, the "Charter of the Generation IV International Forum" (hereafter "the Charter"). This Charter had first been signed by the initial signatories in 2001. The participation of Euratom to the Charter was extended following Commission Decision C(2011)4504 of 29 June 2011. The initial 10 years duration period was replaced at that occasion by an unlimited period, unless discontinued by unanimous consent. However, any member (and thus also Euratom) may withdraw from membership in the GIF by giving 90 days advance written notice. The Charter bears no provision for financial exchanges or special budgetary allocations between the Parties. It falls therefore under the scope of the third paragraph of Article 101 of the Euratom Treaty.

               In order to implement the GIF Charter, the signatories have concluded a legally binding Framework Agreement for international research and development cooperation on Generation IV nuclear energy systems, setting out the conditions for cooperation and subsequent system and project arrangements.

               Pursuant to the second paragraph of Article 101 of the Euratom Treaty and Council Decision 14929/05, followed by Commission Decision C(2006) 7, Euratom acceded to the Framework Agreement on 24 January 2006, when the duly authorised Commissioner signed an instrument of accession (which was then deposited with the Organisation for Economic Cooperation and Development in Paris on 10 February 2006). The Joint Research Centre was confirmed as coordinator of the Community’s participation in GIF and thus represented Euratom as its ‘implementing agent’, in accordance with Article III.2 of the Framework Agreement.

               France and the United Kingdom were already parties to the Framework Agreement. In order to ensure consistency, the following declaration by Euratom was attached to Council Decision 14929/05, approving Euratom’s initial accession to the Agreement:

               ‘In becoming a Party to this Framework Agreement, Euratom shall fully participate in all collaboration and deliberations under this Framework Agreement and any System Arrangement to which it is a signatory. Euratom and its Member States parties to the Framework Agreement — currently, France and the UK – will harmonise their positions before any significant decision is taken in the implementation of the Framework Agreement and the relevant System Arrangements’.

               The Framework Agreement had entered into force on 28 February 2005 for a period of 10 years and was extended on 26 February 2015, when four parties gave their consent to be bound by an extension agreement. It is therefore possible for Euratom and other signatories that were unable to complete their internal approval procedures in time to renew participation by means of a later signature.

               2.EURATOM ACTIVITIES UNDER THE FRAMEWORK AGREEMENT

               Over the past decade, GIF has achieved major advances within a solid legal framework for cooperation, such as the design and implementation of joint projects based on significant R&D investment from around the world, and the design and/or building of prototype demonstrations, e.g. France’s and Russia’s sodium fast reactor (SFR) and China’s very high temperature reactor (VHTR).

               Euratom has been very active in GIF in this time and is the only signatory participating in all six reactor systems (system arrangements) and all three crosscutting ones (‘safety and reliability’, ‘economics’ and ‘proliferation resistance and physical protection’). Euratom representatives chair three of the six systems (Supercritical Water Reactor, Lead Fast Reactor and Gas-cooled Fast Reactor) and within each system there are project arrangements where the technical work is performed. Euratom is present in most of the Project Arrangements (PAs) with contributions originating from both direct and indirect actions under the Euratom Research and Training Programme.

               Much still needs to be done before Generation IV systems become a reality. In the coming decade, activity will focus on:

               - continuing R&D on Generation IV systems;

               - the development of advance research facilities;

               - involving industry in the design of Generation IV systems; and

               - developing the workforce for the future.

               It is therefore appropriate for Euratom to continue to participate in the Framework Agreement and to agree to its extension by means of the dedicated extension mechanism provided for in its Article XII, paragraph 3.

               3.LEGAL ELEMENTS OF THE PROPOSAL

               The Agreement is to be extended on the basis of the second paragraph of Article 101 of the Euratom Treaty.

               In June 2014, on behalf of the depositary (the OECD), the GIF Technical Secretariat distributed a note on the extension of the Framework Agreement, which presented signatories with three options for extension:

               ‘1.
                     Specific Extension Procedure — The parties could agree to extend the duration of the Framework Agreement through the specific procedure set out in paragraph 3 of Article XII of the Framework Agreement (Option 1);

               2.
                     Amendment of the Agreement — If the parties cannot agree on Option 1, they have the possibility to amend the Framework Agreement through the procedure set out in paragraph 4 of Article XII (Option 2);

               3.
                     Expiration and New Agreement — Finally, if the parties cannot agree on an extension or amendment, they can let the Framework Agreement expire and conclude a new Framework Agreement which would constitute a new international treaty (Option 3).’

               The implementing agent supported Option 1, as it appeared to be the most expeditious way of extending the Agreement and the parties had expressly provided for a specific extension procedure distinct from the procedure for other amendments. On 14 October 2014, the US mission to the OECD (the depositary) submitted to the other parties, including the Euratom implementing agent (via the EEAS), a draft Agreement extending the Framework Agreement for international collaboration on research and development of Generation IV nuclear energy systems, to be signed under the specific extension procedure.

               The initial intention was for the Policy Group to adopt a decision extending the Framework Agreement for 10 years, i.e. until 28 February 2025, in line with the specific extension procedure, at its meeting on 17-18 December 2014 (or by written procedure). However, in view of some parties’ (including Euratom’s) procedural requirements and in order to preserve the distinction between GIF Policy Group meetings convened under the auspices of the GIF Charter on the one hand, and the formal intergovernmental Framework Agreement on the other, the Policy Group did not discuss the extension at that meeting.

               Following observations and exchanges on the extension procedure and the draft extension agreement, a new proposal for an extension agreement was issued after the December 2014 meeting with the support of a majority of the parties’ representatives. The solution proposed was that the extension should enter into force once at least three parties had given their consent to be bound. Four parties (France, Japan, South Korea and the United States) indicated that they were able and ready to give their consent to be bound by or before 28 February 2015, thus enabling the Extension Agreement to enter into force by that date.

               The other parties considered that, under Article XII, paragraph 3 of the existing Framework Agreement, signature by all parties by that date (whether or not subject to subsequent acceptance) would indicate their assent to the extension. The Euratom implementing agent signalled that it could not agree to this means of giving assent. The other parties accepted as sufficient a letter from the Euratom implementing agent to the depositary’s secretariat indicating support for the extension procedure conducted by the other parties.

               Four signatories signed the attached Extension Agreement on 26 February 2015. It can be signed on behalf of Euratom as soon as the Council approves the renewal.

               The Commission considers the decision on the renewal of the Framework Agreement to be significant and therefore, through its implementing agent, harmonised its position with that of France. (The UK has in the meanwhile withdrawn as a separate party to the Agreement but, like the other Member States, continues to be a party as part of Euratom).

               The Commission considers that the proposed renewal of the Framework Agreement is acceptable for the Community and is thus submitting this recommendation for a Council decision in accordance with the second paragraph of Article 101 of the Euratom Treaty.

               The renewal of the Agreement requires the Council’s endorsement, as the Agreement will continue to set clear conditions governing research cooperation within GIF. In addition, the renewal period covers more than two Euratom Research and Training Programmes, so at least two Council decisions will be needed to guide the Euratom participation in GIF in line with Council regulations on existing and future Euratom Research and Training Programmes.

               The Euratom participation in GIF should remain within the scope of the Council Regulations on the Euratom Research and Training Programmes. As stated in the GIF Charter, each Member will individually determine the nature of its participation in GIF activities.

               Council Regulation (Euratom) No 1314/2013 on the Research and Training Programme of the European Atomic Energy Community (2014-2018), complementing the Horizon 2020 Framework Programme for Research and Innovation, expressly provides for the implementing agent to pursue its activities under the GIF Framework Agreement. Under ‘Activities necessary to achieve the programme objectives’, Annex I to the Regulation states, in reference to ‘JRC direct actions’, that:

               ‘As the Euratom Implementing Agent for the Generation IV International Forum (GIF), the JRC will continue to coordinate the Community contribution to GIF’.

               Under ‘International cooperation with third countries and international organisations’, it states, in reference to Euratom, that:

               ‘International cooperation in nuclear research and innovation, based on shared goals and mutual trust, must continue, with the aim of providing clear and significant benefits for the Union and its environment. As a contribution to the achievement of the specific objectives set out in Article 3, the Community will seek to reinforce the Union’s scientific and technical expertise through international cooperation agreements and to promote the access of the Union nuclear industry to new emerging markets. International cooperation activities will be promoted through multilateral frameworks (such as IAEA, OECD, ITER, GIF) …’.

               The renewal of the Framework Agreement appears therefore to have been seen as appropriate in the framework of Euratom’s contribution to Horizon 2020.

               In the light of the above, the Commission proposes that the Council adopt, in application of the second paragraph of Article 101 of the Euratom Treaty, the attached draft recommendation for a Council decision approving the renewal of Euratom’s participation in the GIF Framework Agreement and authorise it to sign the attached Extension Agreement.

               4.BUDGETARY IMPLICATION [where necessary]

               [NA]

               5.OPTIONAL ELEMENTS [where necessary]

               [NA]

               Recommendation for a

               COUNCIL DECISION

               approving the renewal of the participation of the European Atomic Energy Community (Euratom) in the Framework Agreement for international collaboration on research and development of Generation IV nuclear energy systems

               THE COUNCIL OF THE EUROPEAN UNION,

               Having regard to the Treaty establishing the European Atomic Energy Community (Euratom), in particular the second paragraph of Article 101 thereof,

               Having regard to the recommendation from the European Commission,

               Whereas:

               (1)The Generation IV International Forum (GIF) is a framework for international cooperation in research and development launched at the initiative of the USA in 2001. The objective is to pool efforts to develop new nuclear energy system designs which will provide a reliable supply of energy, while satisfactorily addressing nuclear safety, waste minimisation, non-proliferation and public concerns.

               (2)The renewal of the participation of Euratom to this Framework Agreement is independent from any decision on the scope of participation in the various GIF systems and related Project Arrangements. Euratom will individually determine the nature of its contribution (intellectual and financial) in GIF activities.

               (3)On 30 July 2003, on the basis of Commission Decision C(2002) 4287, Euratom joined the GIF by signing its Charter, which the initial signatories had signed in 2001. Following Commission Decision C(2011) 4504, Euratom’s initial 10year adherence to the Charter was extended for an unlimited period, subject to withdrawal by EU Member States’ unanimous consent. Any GIF member (including Euratom) can withdraw by giving 90 days’ written notice. As the Charter does not provide for financial exchanges or special budgetary allocations between the parties, it falls within the scope of the third paragraph of Article 101 of the Euratom Treaty.

               (4)In order to implement the GIF Charter, the signatories have concluded a legally binding Framework Agreement among the Members of the Generation IV International Forum for international collaboration on research and development of Generation IV nuclear energy systems, setting out the conditions for cooperation and subsequent system and project arrangements.

               (5)Based on Council Decision 14929/05 of 20 December 2005, followed by a Commission Decision C(2006)7 of 12 January 2006, adopted pursuant to the second paragraph of Article 101 of the Euratom Treaty, Euratom also acceded to the Framework Agreement on 24 January 2006, when the duly authorised Commissioner signed an instrument of accession (which was then deposited with the Organisation for Economic Cooperation and Development in Paris on 10 February 2006). The Joint Research Centre was confirmed as coordinator of the Euratom participation in GIF thus represented Euratom as its ‘implementing agent’, in accordance with Article III.2 of the Framework Agreement.

               (6)The Framework Agreement had entered into force on 28 February 2005 for a period of 10 years and was extended on 26 February 2015, when four parties gave their consent to be bound by the attached Extension Agreement. This is in line with the specific extension procedure foreseen by the Framework Agreement itself. It is therefore possible for Euratom and other signatories that were unable to complete their internal approval procedures in time to renew participation by means of a later signature.

               (7)The renewal by the Commission, on behalf of Euratom, of the Framework Agreement by means of signature of the Extension Agreement in accordance with the specific extension procedure should therefore be approved.

               HAS ADOPTED THIS DECISION:

               Sole article

               The renewal by the Commission, on behalf of the European Atomic Energy Community, of the Framework Agreement for international collaboration on research and development of Generation IV nuclear energy systems, by means of signature of the Extension Agreement, is hereby approved. The text of the Extension Agreement is attached to this Decision.

               Done at Brussels,

                     For the Council

                     The President

    ---documentbreak---

               EUROPEAN COMMISSION
            Brussels, 29.10.2015
            COM(2015) 547 final
            ANNEX
            Agreement extending the Framework Agreement for international collaboration on research and development of generation IV nuclear energy systems
            to the
            Recommendation for a Council Decision
            approving the renewal of the participation of the European Atomic Energy Community (Euratom) in the Framework Agreement for international collaboration on research and development of Generation IV nuclear energy systems

               ANNEX

               Agreement extending the Framework Agreement for international collaboration on research and development of generation IV nuclear energy systems

               to the

               Recommendation for a Council Decision

               approving the renewal of the participation of the European Atomic Energy Community (Euratom) in the Framework Agreement for international collaboration on research and development of Generation IV nuclear energy systems

               AGREEMENT EXTENDING THE FRAMEWORK AGREEMENT FOR INTERNATIONAL COLLABORATION ON RESEARCH AND DEVELOPMENT OF GENERATION IV NUCLEAR ENERGY SYSTEMS

               The Government of Canada, the European Atomic Energy Community, the Government of the People’s Republic of China, the Government of the French Republic, the Government of Japan, the Government of the Republic of Korea, the Government of the Russian Federation, the Government of the Republic of South Africa, the Government of the Swiss Confederation, and the Government of the United States of America, each as a Party to the Framework Agreement for International Collaboration on Research and Development of Generation IV Nuclear Energy Systems, done at Washington on 28 February 2005 (hereinafter the “Framework Agreement”), collectively “the Parties”:

               CONSIDERING their desire to continue the successful and mutually beneficial collaboration conducted under the Framework Agreement to date;

               NOTING the Technology Roadmap Update for Generation IV Nuclear Energy Systems (January 2014);

               RECALLING Article XV of the Framework Agreement, which states that any collaboration initiated under the Framework Agreement but not completed at the expiration or termination of the Framework Agreement may continue to completion under the provisions of the Framework Agreement; and

               ACTING pursuant to paragraph 3 of Article XII of the Framework Agreement,

               Hereby agree as follows:

               Article I

               Extension of the Framework Agreement

               Subject to paragraph 5 of Article XII of the Framework Agreement, the Framework Agreement shall be extended for a period of ten (10) years, until 28 February 2025.

               Article II

               Signature and Entry into Force

               1. This Agreement shall enter into force, for those Parties that have given their consent to be bound, on the date when three Parties have indicated their consent to be bound.

               2. The Parties shall indicate their consent to be bound either by signature not subject to acceptance or by signature subject to acceptance followed by deposit of an instrument of acceptance with the Depositary.

               3. For a Party consenting to be bound after the date of entry into force of this Agreement, this Agreement shall enter into force with respect to that Party on the date of its signature not subject to acceptance or on the date of deposit of its instrument of acceptance with the Depositary.

               4. The Parties intend, consistent with Article XV of the Framework Agreement, to continue under the provisions of the Framework Agreement the collaboration initiated but not completed by 28 February 2015, with those Parties to the Framework Agreement for which this Agreement has not entered into force by 28 February 2015.

               Article III

               Depositary

               The original of this Agreement shall be deposited with the Secretary-General of the Organisation for Economic Co-operation and Development.

               IN WITNESS WHEREOF, the undersigned, being duly authorised, have signed this Agreement.

               DONE in one original, in the English and French languages, each text being equally authentic.

               ACCORD PROROGEANT L'ACCORD-CADRE SUR LA COLLABORATION INTERNATIONALE EN MATIÈRE DE RECHERCHE ET DE DÉVELOPPEMENT DES SYSTÈMES D'ÉNERGIE NUCLÉAIRE DE GÉNÉRATION IV

               Le Gouvernement du Canada, la Communauté européenne de l'énergie atomique, le Gouvernement de la République populaire de Chine, le Gouvernement de la République française, le Gouvernement du Japon, le Gouvernement de la République de Corée, le Gouvernement de la Fédération de Russie, le Gouvernement de la République d’Afrique du Sud, le Gouvernement de la Confédération suisse et le Gouvernement des États-Unis d'Amérique, chacun étant Partie à l'Accord-cadre sur la collaboration internationale en matière de recherche et de développement des systèmes d'énergie nucléaire de Génération IV, fait à Washington le 28 février 2005 (ci-après désigné « Accord-cadre »), collectivement désignés les « Parties »,

               CONSIDÉRANT leur volonté de poursuivre la collaboration fructueuse et mutuellement avantageuse menée jusqu’à maintenant en vertu de l'Accord-cadre;

               PRENANT ACTE du Programme révisé de développement technologique (Janvier 2014);

               RAPPELANT l’Article XV de l’Accord-cadre, lequel prévoit que les activités de collaboration entreprises en vertu de l’Accord-cadre qui ne sont pas terminées à son expiration ou à son extinction peuvent être poursuivies jusqu’à leur achèvement, conformément aux dispositions de l’Accord-cadre;

               AGISSANT en application du paragraphe 3 de l'Article XII de l'Accord-cadre,

               Sont convenues de ce qui suit :

               Article premier

               Prorogation de l’Accord-cadre

               Sous réserve du paragraphe 5 de son Article XII, l'Accord-cadre est prorogé pour une période de dix (10) ans, jusqu'au 28 février 2025.

               Article II

               Signature et entrée en vigueur

               1. Le présent Accord entre en vigueur, pour les Parties ayant exprimé leur consentement à être liées, à la date à laquelle trois Parties auront exprimé leur consentement à être liées.

               2. Les Parties indiquent leur consentement à être liées par signature non sujette à acceptation, ou par signature sujette à acceptation suivie du dépôt d’un instrument d’acceptation auprès du Dépositaire.

               3. Lorsqu’une Partie consent à être liée après la date d’entrée en vigueur du présent Accord, celui-ci entre en vigueur pour cette Partie à la date de sa signature non sujette à acceptation, ou à la date du dépôt de son instrument d’acceptation auprès du Dépositaire.

               4. Les Parties ont l’intention, conformément à l’Article XV de l’Accord-cadre, de poursuivre les activités de collaboration entreprises en vertu de l’Accord-cadre qui ne seront pas terminées à la date du 28 février 2015, avec les Parties à l’Accord-cadre pour lesquelles le présent Accord ne sera pas entré en vigueur à la date du 28 février 2015.

               Article III

               Dépositaire

               L’original du présent Accord est déposé auprès du Secrétaire général de l'Organisation de coopération et de développement économiques.

               EN FOI DE QUOI, les soussignés, dûment autorisés, ont signé le présent Accord.

               FAIT en un exemplaire, en langue française et en langue anglaise, chacun des textes faisant également foi.

               FOR THE GOVERNMENT OF CANADA:

               POUR LE GOUVERNEMENT DU CANADA:

               Date:

               FOR THE EUROPEAN ATOMIC ENERGY COMMUNITY:

               POUR LA COMMUNAUTÉ EUROPÉENE DE L’ÉNERGIE ATOMIQUE:

               Date:

               FOR THE GOVERNMENT OF THE PEOPLE’S REPUBLIC OF CHINA:

               POUR LE GOUVERNEMENT DE LA RÉPUBLIQUE POPULAIRE DE CHINE:

               Date:

               FOR THE GOVERNMENT OF THE FRENCH REPUBLIC:

               POUR LE GOUVERNEMENT DE LA RÉPUBLIQUE FRANÇAISE:

               Date:

               FOR THE GOVERNMENT OF JAPAN:

               POUR LE GOUVERNEMENT DU JAPON:

               Date:

               FOR THE GOVERNMENT OF THE REPUBLIC OF KOREA:

               POUR LE GOUVERNEMENT DE LA RÉPUBLIQUE DE CORÉE:

               Date:

               FOR THE GOVERNMENT OF THE RUSSIAN FEDERATION:

               POUR LE GOUVERNEMENT DE LA FÉDÉRATION DE RUSSIE:

               Date:

               FOR THE GOVERNMENT OF THE REPUBLIC OF SOUTH AFRICA:

               POUR LE GOUVERNEMENT DE LA RÉPUBLIQUE D'AFRIQUE DU SUD:

               Date:

               FOR THE GOVERNMENT OF THE SWISS CONFEDERATION:

               POUR LE GOUVERNEMENT DE LA CONFÉDÉRATION SUISSE:

               Date:

               FOR THE GOVERNMENT OF THE UNITED STATES OF AMERICA:

               POUR LE GOUVERNEMENT DES ÉTATS-UNIS D’AMÉRIQUE:

               Date:


               EUROPEAN COMMISSION
            Brussels, 18.5.2016
            COM(2016) 296 final
            Recommendation for a
            COUNCIL DECISION
            abrogating Decision 2010/289/EU on the existence of an excessive deficit in Slovenia

               Recommendation for a

               COUNCIL DECISION

               abrogating Decision 2010/289/EU on the existence of an excessive deficit in Slovenia

               THE COUNCIL OF THE EUROPEAN UNION,

               Having regard to the Treaty on the Functioning of the European Union, and in particular Article 126(12) thereof,

               Having regard to the recommendation from the Commission,

               Whereas:

               (1)On 2 December 2009, following a recommendation from the Commission, the Council decided, by Decision 2010/289/EU
                  1
               , in accordance with Article 126(6) of the Treaty, that an excessive deficit existed in Slovenia. The Council noted that the general government deficit planned for 2009 was 5.9% thus above the 3% of GDP Treaty reference value. The general government gross debt was planned to reach 34.2% of GDP in 2009, thus below the 60%-of-GDP Treaty reference value.

               (2)On the same date, in accordance with Article 126(7) of the Treaty and Article 3(4) of Council Regulation (EC) No 1467/97, the Council, based on a recommendation from the Commission, addressed a recommendation to Slovenia with a view to bringing the excessive deficit situation to an end by 2013 at the latest. That Council recommendation was made public.

               (3)On 21 June 2013, the Council considered that Slovenia had taken effective action in compliance with Council Recommendation of 2 December 2009 under Article 126(7) of the Treaty, but that unexpected adverse economic events with major unfavourable consequences for government finances had occurred after the adoption of the original recommendation. Therefore, the Council, following a recommendation from the Commission, considered that the conditions envisaged in Article 3(5) of Regulation (EC) No 1467/97 were fulfilled and issued a new recommendation to Slovenia under Article 126(7) of the Treaty, with a view to bringing the excessive deficit situation to an end by 2015. That new Council recommendation was made public.

               (4)On 5 March 2014, in accordance with Article 11(2) of Regulation (EU) No 473/2013, in view of the risks to the achievement of a durable correction of the excessive deficit by 2015, the Commission addressed a recommendation to Slovenia, with a view to taking the necessary action to ensure full compliance with the Council recommendation of 21 June 2013, notably by meeting the fiscal effort recommended by the Council.

               (5)In accordance with Article 4 of the Protocol on the excessive deficit procedure annexed to the Treaties, the Commission provides the data for the implementation of the procedure. As part of the application of this Protocol, Member States are to notify data on government deficits and debt and other associated variables twice a year, namely before 1 April and before 1 October, in accordance with Article 3 of Council Regulation (EC) No 479/2009
                  2
               .

               (6)The Council should take a decision to abrogate a decision on the existence of an excessive deficit on the basis of notified data. Moreover, a decision on the existence of an excessive deficit should be abrogated only if the Commission forecasts indicate that the deficit will not exceed the 3% of GDP threshold over the forecast horizon
                  3
               .

               (7)Based on data provided by the Commission (Eurostat) in accordance with Article 14 of Regulation (EC) No 479/2009, following the April 2016 notification by Slovenia, the 2016 Stability Programme and the Commission 2016 spring forecast, the following conclusions are warranted:

               –After peaking at 15.0% of GDP in 2013, the general government deficit was reduced to 5.0% of GDP in 2014 and reached 2.9% of GDP in 2015. The deficit reduction in 2015 was mainly driven by the non-recurrence of one-offs that affected the deficit in 2014 (1.1% of GDP) and a significant increase in current revenues (by 1.4% of GDP) which more than offset the increase in current expenditure (by 0.2% of GDP) and gross fixed capital expenditure (by 0.2% of GDP) that is explained by a higher absorption rate of EU funds.

               –The stability programme for 2016-19, submitted by the Slovenian government on 28 April 2016, plans the general government deficit to decline to 2.2% of GDP in 2016 and to 1.6% of GDP in 2016. The Commission 2016 spring forecast projects a deficit of 2.4% of GDP in 2016 and 2.1% of GDP in 2017. Thus, the deficit is set to remain below the Treaty reference value of 3% of GDP over the forecast horizon.

               –The structural balance, which is the general government balance adjusted for the economic cycle and net of one-off and other temporary measures, deteriorated by 0.7% of GDP over the period 2013-2015.

               –The debt-to-GDP ratio increased to 83.2% of GDP in 2015, from 71% of GDP in 2013, on account of debt-increasing stock-flow adjustments and one off expenditures. The Commission 2016 spring forecast projects the gross government debt to have peaked in 2015 and to decrease to 78% of GDP in 2017 due to a reduction in cash buffers.

               (8)As from 2016, the year following the correction of the excessive deficit, Slovenia is subject to the preventive arm of the Stability and Growth Pact and should progress towards its medium-term objective at an appropriate pace, including respecting the expenditure benchmark, and comply with the debt criterion in accordance with Article 2(1a) of Regulation (EC) No 1467/97. In this context, there appears to be a risk of some deviation from the required adjustment of 0.6% of GDP towards the medium-term objective in 2016. In 2017, under unchanged policies, there appears to be a risk of a significant deviation from the recommended adjustment of 0.6% of GDP towards the medium-term objective. Slovenia is projected to be compliant with the transitional debt rule in 2016 and broadly compliant in 2017. Overall, further measures will be needed in 2016 and 2017.

               (9)In accordance with Article 126(12) of the Treaty, a Council Decision on the existence of an excessive deficit is to be abrogated when the excessive deficit in the Member State concerned has, in the view of the Council, been corrected.

               (10)In the view of the Council, the excessive deficit in Slovenia has been corrected and Decision 2010/289/EU should therefore be abrogated,

               HAS ADOPTED THIS DECISION:

               Article 1

               From an overall assessment it follows that the excessive deficit situation in Slovenia has been corrected.

               Article 2

               Decision 2010/289/EU is hereby abrogated.

               Article 3

               This Decision is addressed to the Republic of Slovenia.

               Done at Brussels,

                     For the Council

                     The President

                     (1)
                  Council Decision 2010/289/EU of 2 December 2009 on the existence of an excessive deficit in Slovenia (OJ L 125, 21.5.2010, p. 46).

                     (2)
                  Council Regulation (EC) No 479/2009 of 25 May 2009 on the application of the Protocol on the excessive deficit procedure annexed to the Treaty establishing the European Community (OJ L 145, 10.6.2009, p. 1).

                     (3)
                  In line with the Specifications on the implementation of the Stability and Growth Pact and Guidelines on the format and content of Stability and Convergence Programmes.