title: Commission Recommendation of 7 July 2009 for a secure and effective system of transmission of documents and information relating to the provisions of Council Directive 2006/117/Euratom

text:
               8.7.2009

               EN

               Official Journal of the European Union

               L 177/5

      COMMISSION RECOMMENDATION

   of 7 July 2009
   for a secure and effective system of transmission of documents and information relating to the provisions of Council Directive 2006/117/Euratom
   (2009/527/Euratom)
   THE COMMISSION OF THE EUROPEAN COMMUNITIES,
   Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Articles 33, second paragraph, and 124, second indent, thereof,
   Having regard to Council Directive 2006/117/Euratom of 20 November 2006 on the supervision and control of shipments of radioactive waste and spent fuel (1), and in particular Article 19(1), thereof,
   After consulting the Advisory Committee,
   WHEREAS:

               (1)

               The competent authorities of the Member States should cooperate to ensure the smooth operation of the automatic consent procedure laid down in Article 9(2) of Directive 2006/117/Euratom.

               (2)

               The competent authorities of the Member States involved shall take the necessary measures to ensure that all information regarding shipments covered by that Directive is handled with due care and protected against any misuse.

               (3)

               General security measures should be applied to all information which is processed by the competent authorities of the Member States when applying Directive 2006/117/Euratom,

         HEREBY RECOMMENDS:

               1.

               All information processed by the competent authorities in application of Directive 2006/117/Euratom should receive a level of protection which is equivalent to the one provided by the other competent authorities concerned.

               2.

               Competent authorities should choose the most appropriate level of protection to ensure the smooth operation of the automatic consent procedure laid down in Article 9(2) of Directive 2006/117/Euratom.

               3.

               The appropriate protection level should be ensured by a variety of measures in accordance with Member States law and regulations, including the obligation of discretion and confidentiality, limiting access to information to authorised personnel, data protection requirements as far as personal data are concerned and general technical and procedural measures to safeguard the security of the information.

               4.

               Electronic links between the competent authorities of the different Member States should provide a level of protection which is equivalent to the level of protection provided by Member States within their respective territories for analogous information and documentation transmission.

               5.

               A common standard for these electronic links should be agreed by the competent authorities of the Member States.

               6.

               All information processed by the competent authorities in application of Directive 2006/117/Euratom, in case classification is required in accordance with Member States laws and regulations, should be classified to the lowest classification level.

               7.

               Information requiring additional security measures should be subject to a higher than the lowest classification level, indicated by a specific marking, only where strictly necessary and for the time necessary.

               8.

               As originators, competent authorities supplying information to other competent authorities concerned should be responsible for the choice of appropriate classification level taking into account:

                           (a)

                           their own national information classification regulations;

                           (b)

                           the operational flexibility and effectiveness requirements needed to apply the automatic consent procedure;

                           (c)

                           the exceptional nature of the classification requirements.

               9.

               In accordance with Member States laws and regulations, the competent authorities should use the classification markings as listed in the table of comparison of national security classifications annexed as Appendix 2 to Council Decision 2001/264/EC of 19 March 2001 adopting the Council’s security regulations (2) and, similarly, to Commission Decision 2005/94/EC, Euratom of 3 February 2005 amending Decision 2001/844/EC, ECSC, Euratom (3). The Practical Classification Guide annexed as Appendix 3 to Council Decision 2001/264/EC and, similarly, as Appendix 2 to Commission Decision 2001/844/EC, ECSC, Euratom of 29 November 2001 amending its internal rules of procedure (4) could be used as a guide to the choice of the most adequate level of classification.

               10.

               As originator, the competent authority supplying information should specify the period for which the choice of classification level applies, and any possible changes to the classification level after that period.

               11.

               The originator competent authority could at any time require, in writing, a previous classification level to be changed, including the possible removal (i.e. declassification), reduction (i.e. downgrading) or addition of such a level.

               12.

               The competent authorities to whom the information was supplied should be obliged to remove, change or add a classification level in accordance with those requests.

               13.

               As originator, the competent authority supplying the information should, as soon as circumstances allow, ask for, in writing, the classification level in question to be downgraded or removed (i.e. declassified) altogether.

               14.

               In accordance with the need-to-know principle, access to and possession of information should be restricted within the designated competent authorities to those persons who, by reason of their duties or obligations, need to be acquainted with such information or to handle it. Whenever required in accordance with Member States laws and regulations, such persons should be security cleared to the relevant classification level.

               15.

               This Recommendation is addressed to the Member States.

      Done at Brussels, 7 July 2009.

            For the Commission

         Andris PIEBALGS

            Member of the Commission

      (1)  OJ L 337, 5.12.2006, p. 21.

      (2)  OJ L 101, 11.4.2001, p. 1.

      (3)  OJ L 31, 4.2.2005, p. 66.

      (4)  OJ L 317, 3.12.2001, p. 1.


				|

		52012DC0397

			Recommendation for a COUNCIL RECOMMENDATION with a view to bringing an end to the situation of an excessive government deficit in Spain /* COM/2012/0397 final */

			   	Recommendation for a
COUNCIL RECOMMENDATION
with a view to bringing an end to the
situation of an excessive government deficit in Spain
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the
Treaty on the Functioning of the European Union (TFEU), and in particular
Article 126(7) thereof,
Having regard to the
recommendation from the European Commission,
Whereas:
(1)       According to Article 126 of the TFEU 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.
(3)       On 27 April 2009, the
Council decided, in accordance with Article 104(6) of the Treaty establishing
the European Community (TEC), that an excessive deficit existed in Spain and
issued a recommendation to correct the excessive deficit by 2012 at the latest,
in accordance with Article 104(7) TEC and Article 3 of Council Regulation (EC)
No 1467/97 of 7 July 1997 on speeding up and clarifying the implementation of
the excessive deficit procedure.
(4)       On 2 December 2009, the
Council decided, in accordance with Article 3(5) of Council Regulation (EC) No
1467/97, that effective action had been taken and that unexpected adverse
economic events with major unfavourable consequences for government finances had
occurred after the adoption of that recommendation. As a result, the Council
decided to adopt a revised recommendation under Article 126(7) TFEU to correct
the excessive deficit by 2013 at the latest. In order to bring the headline
government deficit below the 3% of GDP reference value by 2013 an average
annual fiscal effort of 'above 1.5% of GDP' over the period 2010-2013 was
recommended. In calculating the average annual fiscal effort, the 2011 deficit
in the Commission services’ 2009 Autumn Forecast was taken as the starting
point. The total fiscal effort needed to reach the nominal deficit target of 3%
by the deadline was then calculated by assuming a gradual closure of the output
gap by 2015.
(5)       On 15 June 2010, the Commission
concluded that Spain had taken effective action in compliance with the Council
recommendation of 2 December 2009 to bring its government deficit below the 3% of
GDP reference value and considered that no additional step in the excessive
deficit procedure was therefore necessary.
(6)       According to Article 3(5)
of Regulation (EC) No 1467/97, the Council may decide, on a recommendation from
the Commission, to adopt a revised recommendation under Article 126(7) TFEU, if
effective action has been taken and unexpected adverse economic events with
major unfavourable consequences for government finances occur after the
adoption of that recommendation. The occurrence of unexpected adverse economic
events with major unfavourable budgetary effects shall be assessed against the
economic forecast underlying the Council recommendation.
(7)       In accordance with Article
126(7) of the TFEU and Article 3 of Council Regulation (EC) No 1467/97, the
Council is required to make recommendations to the Member State concerned with
a view to bringing the situation of excessive deficit to an end within a given
period. The recommendation has to establish a maximum deadline of six months
for effective action to be taken by the Member State concerned to correct the
excessive deficit. Furthermore, in a recommendation to correct an excessive
deficit the Council should request the achievement of annual budgetary targets
which, on the basis of the forecast underpinning the recommendation, are
consistent with a minimum annual improvement in the structural balance, i.e.
the cyclically-adjusted balance excluding one-off and other temporary measures,
of at least 0.5% of GDP as a benchmark.
(8)       After recording a
significant contraction in 2009, when real GDP fell by 3.7%, the economy
continued contracting in 2010, albeit by a mere -0.1%. The economy returned to
positive economic growth in 2011 (0.7%), supported by the dynamism of Spanish
exports, which were helped by the improving competitiveness of the Spanish
economy, and the contraction of imports, in line with the weakness of domestic
demand. However, according to the most recent update by Commission services' of
the economic outlook in Spain for 2012-2013, which is an update of the 2012 Spring
Forecast incorporating the fiscal measures taken in late May 2012 at regional
level and latest economic and budgetary developments, Spain is likely to fall
back into recession, and record negative annual economic growth in both 2012
and 2013. Both private and public sector deleveraging and the sizeable
unemployment are a heavy drag on domestic demand. In addition, the weakening of
the international environment is preventing external demand from offsetting the
weakness of domestic demand, resulting in the contraction of the Spanish
economy.
(9)       The general government deficit
reached 9.3% of GDP in 2010, down from 11.2% in 2009. The improvement in the
budget balance was driven by both cuts in total expenditure and an increase in
total revenues, mainly as a result of discretionary measures. In 2011, the
deficit outturn was significantly worse than expected, 8.5% of GDP compared
with a target of 6% of GDP. Spain informed Eurostat on 17 May 2012 that the
2011 general government deficit may be revised up by around 0.4% of GDP due to
new information on some expenditure items of the autonomous regions which had
not been included in the March 2012 EDP notification. Around two thirds of the
2011 budget deviation occurred at the regional level, while central government
and social security recorded much smaller slippages. The budget deviation was
mainly explained by weaker-than-expected revenues due to the materialisation of
a less favourable economic environment than foreseen in the 2011 stability
programme and a less tax-rich growth composition, while expenditure overruns
were limited.
(10)     According to a Commission
services' update of the 2012 Spring Forecast, the general government deficit is
projected at 6.3% of GDP in 2012, which compares to an expected deficit of 5.3%
of GDP in the 2012 stability programme and the draft 2012 budget law. The
latter is based on revenue-raising measures which include mainly increases in
direct taxation, such as changes to income and corporate taxation, and a fiscal
amnesty. Some of these measures have been announced as being temporary, such as
the increase in income tax (limited to 2012 and 2013), or will have a one-off
impact, such as the change in the tax instalment system for corporate taxes in
2012 and the fiscal amnesty. The draft budget law and the programme foresee
that total expenditure declines as a result of deep cuts in both capital and current
spending, including from savings in the areas of health care and education at
regional level. The projected deviation from the target in 2012 is mainly
linked to expected revenue shortfalls, especially in social security, and
higher social expenditure, due to a worse macroeconomic outlook, a less
tax-rich growth composition and a stronger deterioration in the labour market.
This budget forecast is still subject to major risks. A further deepening of
the economic crisis and implementation risks at regional level due to the fact
that many budgetary measures will only apply to part of the year, could imply
an even larger deviation. The necessary ongoing
rebalancing of the Spanish economy from non-tradables to tradables also implies
a risk of economic growth becoming less tax-rich. Very recent budgetary outcome
figures for the first months of 2012 point to continued downward pressure on
revenues and indicate a need to implement further structural measures without
delay.
(11)     According to the Commission
services' update of the 2012 Spring Forecast, on the basis of unchanged
policies, and with real GDP expected to shrink by 0.3% on the previous year,
the government deficit is projected at 6.1% of GDP in 2013 compared to the
original target of 3% of GDP. The 2012 stability programme projects a sizeable
increase in revenues from taxes on production and imports, not yet underpinned
by concrete measures, which is also expected to be partially compensated by
lower taxes on labour. The programme also includes – so far not fully specified
– cuts on the expenditure side, pertaining in particular to the area of education
and health care at regional level. For 2014 and 2015, the envisaged further consolidation
is not yet sufficiently supported by measures to underpin the proposed deficit
target and few concrete measures are included in the stability programme.
(12)     The Commission services'
update of the 2012 Spring Forecast shows that the structural deficit was 8.7%, 7.3%
and 7.0% of GDP in 2009, 2010 and 2011 respectively. It is expected to reach 4.3%
of GDP in 2012. This implies an average fiscal effort of 1.5% of GDP between
2010 and 2012, which is in line with the minimum required average annual fiscal
effort of 'above 1.5%' of GDP specified by the Council in 2010-2013. Correcting
for the change in the macroeconomic scenario between the projections underlying
the Council recommendations of 2 December 2009 and the current forecast, the estimated
average annual fiscal effort between 2010 and 2012 would be 0.5 pp. of GDP
higher. Spain has so far thus taken effective action as regards the path for
the structural deficit up to 2012.
(13)     According to the Commission
services’ 2009 Autumn Forecast, which was underlying the Council recommendation
under Article 126(7) TFEU of 2 December 2009, the Spanish economy was expected
to contract by 0.8% in 2010 and to grow by 1% in 2011. The years 2012 and 2013
were beyond that forecast's horizon period, but under the hypothesis of a
gradual closure of the large negative output gap by 2015, higher growth than in
2011 was expected for 2012 and 2013. The outcome of real GDP for 2010 and 2011
was slightly more positive than expected in the 2009 Autumn Forecast.
Nevertheless, the composition of economic growth was less tax-rich than
expected, as the accumulated contribution of domestic demand for 2010 and 2011
was ‑2.7 percentage points of GDP, compared to a forecast of -1.1 percentage
points, due to the faster than expected downsizing of the non-tradable sector. The
results from the Commission services' update of the 2012 Spring Forecast
for 2012 and 2013 show that the Spanish economy is likely to face significant
headwinds, which were not expected in the 2009 Autumn Forecast. While the 2009 Autumn
Forecast assumed growth rates of well over 1% per year in 2012 and 2013, the
latest forecasts point to growth rates of -1.9% and -0.3%, respectively, on a
no-policy change basis. Furthermore, the growth composition is likely to
continue to be biased to net external demand, with continued negative effects
on tax revenues.
(14)     Gross public debt rose to
68.5% of GDP in 2011, and according to the Commission services’ update of the 2012
Spring Forecast it is expected to surge to 80.9% of GDP in 2012 and to 86.8% in
2013, based on a no-policy-change scenario, thus exceeding the Treaty reference
value in all years. This increase in the debt ratio is mainly driven by higher
interest payments and to a lesser extent by the dynamics of the primary
deficit. The stock-flow adjustment is sizeable in 2012, contributing 5.4 percentage
points of GDP to the increase, and is linked to the plan to settle invoices of
providers of public bodies and other outstanding operations. Risks related to
the macroeconomic scenario and the budgetary targets, as well as to additional
financial rescue measures, may contribute to a further increase in public debt.

(15)     The budgetary position has
deteriorated substantially compared to when the earlier Council recommendation
was framed, due to a worse-than-expected economic outlook, which is also less
tax-rich. Moreover, the sizeable contraction of the economy is affecting employment
and unemployment in a very negative way. This is having negative effects on
both the revenue and expenditure side, with a shortfall of social contributions
and higher social transfers. Considering all these factors, and given in
particular the marked deterioration in the fiscal outlook since the original
Council recommendation under Article 126(7) TFEU, an additional year for the
correction of the excessive deficit would therefore be warranted.
(16)     Granting an additional year
for the correction of the excessive deficit requires the attainment of
intermediate headline deficit targets of 6.3% of GDP for 2012, 4.5% of GDP for
2013 and 2.8% of GDP for 2014. On the basis of the Commission services' update
of the 2012 Spring Forecast, the underlying required improvement in the structural
fiscal balance resulting from these headline targets is 2.7% of GDP in 2012, 2.5%
of GDP in 2013 and 1.9% of GDP in 2014. Given very recent fiscal outturn data
for the first months of 2012, additional measures will be needed to achieve the
deficit target in 2012. The situation will have to be monitored closely and further
corrective action would have to be taken early on if further slippages were to
materialise.
(17)     Given the severe market
pressure on Spanish sovereign debt, there
is a need to underpin the credibility of the consolidation effort by adopting the
announced multi-annual budget plan for 2013-14 by the end of July
2012. This would require specifying in detail all the structural measures that
are necessary to achieve the budgetary targets in 2013 and 2014, and accelerating
the reduction of the deficit if economic or budgetary conditions turn out
better than currently expected. The importance of taking timely action on this
point to avoid the risk of future slippages warrants the shorter deadline of
three months for taking effective action.
(18)     On 10 July the Council
adopted country-specific recommendations for Spain, the first of which was
based, inter alia, on the assessment of Spain's national reform programme and
Spain's stability programme for 2012-15. This recommendation calls for strict
enforcement of the Budget Stability Law and the adoption of strong fiscal
measures at regional level. This would mitigate the risks of a slippage at
regional level. Given the decentralised nature of Spain’s public finances,
a strong fiscal and institutional framework is essential. This framework could
be reinforced also by establishing an independent fiscal institution to provide
analysis, advice and monitor fiscal policy. Given their recent poor track
record, budgetary compliance by regional governments, together with a greater
sensitivity of revenues to the ongoing structural adjustment, the uncertain
revenue impact of the fiscal amnesty and potential further financial rescue
operations, pose risks to the budgetary strategy.
(19)     In parallel to the regular
reviews of the financial recapitalisation programme for Spain referred to in
the euro area summit statement of 29 June 2012, monitoring of progress on
implementation of its EDP commitments will be carried out at an interval of
three months.
(20)     Spain fulfils the
conditions for the extension of the deadline for correcting the excessive general
government deficit as laid out in Article 3(5) of Regulation (EC) No 1467/97 on
speeding up and clarifying the implementation of the excessive deficit
procedure,
HAS ADOPTED THIS RECOMMENDATION:
(1)
The Spanish authorities should put an end to the
present excessive deficit situation by 2014.
(2)
The Spanish authorities
shall deliver an improvement of the structural balance of 2.7% of GDP in
2012, 2.5% of GDP in 2013 and 1.9% of GDP in 2014, in order to bring the
headline government deficit below the 3% of GDP reference value by 2014, based
on the Commission services' update of the 2012 Spring Forecast. The headline
deficit targets should be 6.3% of GDP for 2012, 4.5% of GDP for 2013
and 2.8% of GDP in 2014.
(3)
The Spanish authorities should implement the
measures adopted in the 2012 budget and in the Autonomous Communities' rebalancing
plans and adopt the announced multi-annual budget plan for 2013-14 by end of July
2012, including a medium-term budgetary strategy, which fully specifies the structural
measures that are necessary to achieve the correction of the excessive deficit
by 2014. In view of recent fiscal outturn data for the first months of 2012, adopt
without delay additional measures in 2012 to ensure the fulfilment of the budgetary
plans for 2012. Stand ready to adopt further measures should risks to the
budgetary plans materialise. Accelerate the reduction of the deficit in 2013
and 2014 if economic or budgetary conditions turn out better than currently
expected.
(4)
The Council establishes the deadline of 3 months
for the Spanish government to take effective action and, in accordance with
Article 3(4a) of Council Regulation (EC) No 1467/97, to report in detail the
consolidation strategy that is envisaged to achieve the targets.
Beyond the
report foreseen in recommendation (4) and in parallel to the financial
recapitalisation programme referred to in the euro area summit statement of 29
June 2012, the Spanish authorities should report on progress made in the
implementation of these recommendations every three months as well as in a
separate chapter in the stability programmes which will be prepared until 2015.
Furthermore, the Spanish authorities should
strictly apply the new provisions of the Budgetary Stability Law regarding
transparency and control of budget execution. In line with the country-specific
recommendations under the European Semester, the Council also requests Spain to
establish an independent fiscal institution to provide analysis, advice and
monitor fiscal policy, stick to the enforceable nature of its medium-term
budgetary framework as well as closely monitor adherence to the budgetary targets
throughout the year for all the levels of the general government sector. This
recommendation is addressed to the Kingdom of Spain.
Done at Brussels,
                                                                       For
the Council
                                                                       The
President


title: Commission Recommendation of 30 May 2008 on risk reduction measures for the substances zinc, zinc chloride and zinc distearate (notified under document number C(2008) 2329) (Text with EEA relevance)

text:
               19.6.2008

               EN

               Official Journal of the European Union

               L 160/36

      COMMISSION RECOMMENDATION

   of 30 May 2008
   on risk reduction measures for the substances zinc, zinc chloride and zinc distearate
   (notified under document number C(2008) 2329)
   (Text with EEA relevance)
   (2008/464/EC)
   THE COMMISSION OF THE EUROPEAN COMMUNITIES,
   Having regard to the Treaty establishing the European Community,
   Having regard to Council Regulation (EEC) No 793/93 of 23 March 1993 on the evaluation and control of the risks of existing substances (1) and in particular Article 11(2) thereof,
   Whereas:

               (1)

               In the framework of Regulation (EEC) No 793/93 the following substances have been identified as priority substances for evaluation in accordance with Commission Regulation (EC) No 2268/95 of 27 September 1995 concerning the second list of priority substances as foreseen under Council Regulation (EEC) No 793/93 (2):

                           —

                           zinc,

                           —

                           zinc chloride,

                           —

                           zinc distearate.

               (2)

               The Member State designated as rapporteur pursuant to this Commission Regulation has completed the risk evaluation activities with regard to man and the environment for those substances in accordance with Commission Regulation (EC) No 1488/94 of 28 June 1994 laying down the principles for the assessment of risks to man and the environment of existing substances in accordance with Council Regulation (EEC) No 793/93 (3) and has suggested a strategy for limiting the risks.

               (3)

               The Scientific Committee on Toxicity, Ecotoxicity and the Environment (SCTEE) and the Scientific Committee on Health and Environmental Risks (SCHER) have been consulted and have issued opinions with respect to the risk evaluations carried out by the rapporteur. The opinions have been published on the website of those Scientific Committees.

               (4)

               The results of the risk evaluation and further results of the strategies for limiting the risks are set out in the corresponding Commission Communication (4).

               (5)

               It is appropriate, on the basis of that evaluation, to recommend risk reduction measures for the substances covered by this Recommendation and the Communication.

               (6)

               The risk reduction measures provided for in this recommendation are in accordance with the opinion of the Committee set up pursuant to Article 15(1) of Regulation (EEC) No 793/93,

         HEREBY RECOMMENDS:
   SECTION 1
   ZINC

         (CAS No 7440-66-6; Einecs No 231-175-3)

   ZINC CHLORIDE

         (CAS No 7646-85-7; Einecs No 231-592-0)

   ZINC DISTEARATE

         (CAS No 557-05-1 and 91051-01-3; Einecs No 209-151-9 and 293-049-4)

   Risk reduction measures for the environment (1, 2, 3, 4, 5)

               1.

               For the river basins where emissions of zinc may cause a risk, the Member States concerned should establish environmental quality standards (hereafter EQS). The national pollution reduction measures to achieve those EQS in 2015 should be included in the river basin management plans in line with the provisions of Directive 2000/60/EC of the European Parliament and of the Council (5).

               2.

               The Member States should provide information to the Commission on the contribution of zinc sources and pathways to the aquatic environment, on possible controls and also on the levels of zinc in the aquatic environment, in order to consider possible inclusion of zinc in the next review of Annex X to Directive 2000/60/EC.

               3.

               The competent authorities in the Member States concerned should lay down conditions, emission limit values or equivalent parameters or technical measures regarding zinc and zinc compounds in the permits issued under Directive 2008/1/EC of the European Parliament and of the Council (6) in order for installations to operate according to the best available techniques (hereafter BAT) taking into account the technical characteristic of the installations concerned, their geographical location and the local environmental conditions.

               4.

               Member States should carefully monitor the implementation of BAT regarding zinc and zinc compounds and report any important developments to the Commission in the framework of the exchange of information on BAT.

               5.

               Local emissions to the environment should, where necessary, be controlled by national rules to ensure that no risk for the environment is expected.

         SECTION 2
   ADDRESSEES

               6.

               This Recommendation is addressed to the Member States.

      Done at Brussels, 30 May 2008.

            For the Commission

         Stavros DIMAS

            Member of the Commission

      (1)  OJ L 84, 5.4.1993, p. 1. Regulation as amended by Regulation (EC) No 1882/2003 of the European Parliament and of the Council (OJ L 284, 31.10.2003, p. 1).

      (2)  OJ L 231, 28.9.1995, p. 18.

      (3)  OJ L 161, 29.6.1994, p. 3.

      (4)  OJ C 154, 19.6.2008, p. 1.

      (5)  OJ L 327, 22.12.2000, p. 1. Directive as last amended by Directive 2008/32/EC (OJ L 81, 20.3.2008, p. 60).

      (6)  OJ L 24, 29.1.2008, p. 8.


title: Recommendations for Council Regulations (EEC) Concluding Agreements between the European Economic Community and - the Arab Republic of Egypt - the Hashemite Kingdom of Jordan - the Syrian Arab Republic#Recommendation for a Council Decision authorizing the Commission to open negotiations with Egypt, Jordan and Syria for the conclusion of interim agreements. (submitted by the Commission to the Council)

text:
ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (76) 604
Vol. 1976/0186
 ---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)604 final
                                                 Brussels . 10*^ November 1976
               Recommendations for Council Regulations ( EEC ?      ■
             Concluding Agreements between the European Economic
             Community and
                          - the Arab Republic of Egypt
                          - the Hashemite Kingdom of Jordan
                          - the Syrian Arab Republic
                              /
                      Recommendation for a Council Decision
             authorizing the Commission to open negotiations with
             Egypt , Jordan and Syria for the conclusion of interim
             agreements .
                 ( submitted  by the Commission    to the Council )
                                               I
                                       /
COM ( 76 ) 604 final .
                                                                         I
 ---pagebreak--- N.B. The texts of the draft agreements , declarations , and
     exchange of Letters , to be annexed to the three
     recommendations for regulations , have already been
     sent to the Council under the following numbers :
              SECC76 ) 3932  Syria
              SECC76 ) 3933  Jordán
              SECC76 ) 3934  E9ypt
 ---pagebreak---                COMMISSION G OMMUNI CATI ON" TO THE COUNCIL
           on the negotiations between the European Economic
           Comnninity and the Aral) Republic of Egypt , the
           Hashemite Kingdom of Jordan and the Syrian Arab Republic
1# The negotiations between the European Economic Community and
the Arab Republic of Egypt , the Hashemite Kingdom of Jordan and the
Syrian Arab Republic for the conclusion of Agreements in the context
of the overall Mediterranean policy ended on 15 , 28 and 29 October 1976
respectively#
The texts of the draft agreements , protocols , declarations and
exchanges of letters to be annexed to the Final Act were initialled
by the Heads of Delegation , who indicated their agreement on the
contents except for Article 2(l ) of the financial protocols as regards
the duration of the latter^- •
The Egyptian , Jordanian and Syrian Delegations requested that the
Community reconsider its position on this matter and that , the better
to take account of the economic and financial situation of their'
countries , the duration of the financial protocols be fixed at three
years from the date of ratification or four years from the date of
signature of the Agreement#
The initialled texts of the Agreements represent the results of
negotiations conducted on the basis of the Council directives of
16 January 1976 and the supplementary directives of 15 September 1976.
2 . A decision on the request presented by the three countries must
be taken by the Council . Since the request concerns the only point
outstanding, the resolution of which would permit the negotiations to
be concluded , the Commission considers that a response should be made
to the preoccupations expressed by the countries in question# To
that end the Commission suggests that the date of expiry of the
financial protocols with the three Mashreq countries be fixed as
 A
   These documents were transmitted t® the Council under the numbers
   SEC (76)3932 Syria. SEC (76 ) 3933 Jordan and SEC (76)3934 Egypt .
 ---pagebreak---  31 October 19°1 , that is the Bame date of expiry as the financial
 protocols concluded with the three Maghreb countries#
The Commission considers that such a solution would enable the
negotiations to "be concluded and thus set in motion the procedures
 for the signature and conclusion of the Agreements . The Commission
accordingly transmits herewith to the Council recommendations for
regulations concluding the Agreements (Annex I ).
The Commission points out that the Heads of the Egyptian , Jordanian
and Syrian Delegations have asked that the procedures "be completed
in time for the Agreements to "be signed in their capitals before the
end of 1976 *
3 . The Commission also informs the Council that the delegations
have stated in an exchange of letters their readiness to sign , at
the same time as the Agreements , interim agreements on the advance
implementation of the trade provisions of those Agreements , The
Commission accordingly transmits herewith to the Council a
recommendation for a decision authorizing the Commission to open
negotiations for the conclusion of interim agreements (Annex II ).
4.   During the negotiations , moreover , the Egyptian , Jordanian and
Syrian Delegations asked that the Council be informed of their
Governments' formal request that Commission delegations be established
in Egypt , Jordan and Syria. The mission of these delegations would
be to ensure and facilitate the implementation of the Agreements
concluded with the countries in question , in particular as regards
economic cooperation , and also to facilitate the management of the
amounts committed in those countries in respect of financial and
technical assistance .
 ---pagebreak---                                                                   ANNEX I
                                  RECOWMKHDATIOIT
                                       FOR
                        COUNCIL REGULATION CEEC ) No
           concluding on Agreement between the European Economic
          Community and the Arab Republic of Egypt
  THE COUNCIL OF TIIE EUROPEAN COMMUNITIES ,
  Having regard to the Treaty establishing the European Economio Community ,
 and in particular Article 238 thereof ,
 Having regard to the Recommendation from the Commission ,
 Having regard to the Opinion of the European Parliament ,
 VJhcreas the Agreement between the European Economio Community and
Egypt                 signed at ••••...• on          ......... should be
 concluded ,
 HAS ADOPTED THIS REGULATION :
                                Article 1
The Agreement between tfca European Economic Community and Egypt . and
 the Declarations and Exchanges of Letters annexed to the Pinal Act are
hereby concluded , adopted and confirmed on behalf of the Community .
The texts of the Agreement and of the Final Act are annexed to this
Regulation.
 ---pagebreak---                               Article 2
Pursuant to Article    of the Agreement between the European Economic
Community and Egypt ,  the President of the Council of the European
Communities shall give notification that the procedures necessary for
the entry into force of ttTe Agreement have been completed on the part
of the Cooojumty *
                              Article 3
This Regulation shall enter into force on the third day following its
publication in the Official Journal of the European Communities .
This Regulation shall be binding in its entirety end directly applicable
in all Member States *
                                                     For the Council
Done at
 ---pagebreak---                                RECOKMENDATION
                                     FOR
                     COUNCIL REGULATION ( EEC ) No
         concluding cn Agreement between the European Economic
         Community and the Hashemite Kingdom of Jordan
TIIE COUNCIL Of THE EUROPEAN COMMUNITIES ,  •
Having regard to the Treaty establishing the European Economic Community ,
end in particular Article 238 thereof ,
Having regard to the Recommendation from the Commission ,
Having regard to the Opinion of the European Parliament ,
Whereas the Agreement between the European Economio Community and
Jordan              signed at .•••••••   on . ••          should be
concluded ,
HAS ADOPTED THIS REGULATION :
                              Article 1
The Agreement between ths European Economic Community and Jordan and
the Declarations and Exchanges of Letters annexed to the Final Act are
hereby concluded , adopted and confirmed on behalf of the Community .
The texts of the Agreement and of the Pinal Act are annexed to this
Regulation.
 ---pagebreak---                              Article 2
Pursuant to Article */$of the Agreement "between the European Economic
Community and Jordarv tho President of the Council of the European
Communities shall give notification that the procedures necessary for
the entry into force of tHe Agreement have "been completed on the part
of the Coninami ty »
                              Article 3
This Regulation shall enter into force on the third day following its
publication in the Official Journal of the European Communities .
 This Regulation shall be binding in its entirety end directly applicable
 in all Member States ,
                                                       For the Council
 Done at
 ---pagebreak---                                  RECOMMENDATION
                                       FOR
                      COUNCIL REGULATION (EEC ) No
         concluding cn Agreement "between the European Economic
         Community and the Syrian Arab Republic
              I ' '      '  » 1           ■      ––––          i
TIIE COUNCIL OF THE EUROPEAN COMMUNITIES ,
Having regard to the Treaty establishing the European Economic Community ,
 and in particular Article 238 thereof ,
Having regard to the Recommendation from the Commission ,
 Having regard to the Opinion of the European Parliament ,
■Whereas the Agreement between the European Economio Community c.nd .
Syria                aigned at ••••...•     on             should be
 concluded ,
HAS ADOPTED THIS REGULATION :
                                Article 1
The Agreement between the European Economic Community and • Syria    and
 the Declarations and Exchanges of Letters annexed to the Final Act are
 hereby concluded , adopted and confirmed on behalf of the Community .
 The texts of the Agreement and of the Final Act are annexed to this
 Regulation,
 ---pagebreak---                                Article 2
Pursuant to Article     of the Agreement between the European Economic
Community and Syria,    the President of the Council of the European
Communities shall give notification that the procedures necessary for
the entry into force of tHe Agreement have "been completed on the part
of the Community *
                               Article 3
This Regulation shall enter into force on the third day following its
publication in the Official Journal of the European Communities .
This Regulation shall "be "binding in its entirety and directly applicable
in all Member States .
Done at                                                For the Council
 ---pagebreak---                                                                     ANNEX II
                 RECOMMENDATION FOR A COUNCIL DECISION
            authorizing the Commission to open negotiations
with Egypt , Jordan and Syria for the conclusion of interim agreements
  THE COUNCIL OP THE EUROPEAN COMMUNITIES ,
  Having regard to the Treaty establishing the European Economio
  Community , and in particular Article 113 thereof ,
  Having regard to the Recommendation from the Commission,
  Whereas the negotiations for the conclusion of Agreements "between
  the European Economic Community and Egypt , " Jordan and Syria have "been
  completed ;
  Whereas pend}jig the entry into force of those Agreements certain
  provisions relating tortrade in goods should "be implemented as soon
  as possible following the signing of the Agreements ,
  HAS DECIDED:
                              Sole Article
  The Commission is hereby authorized to open negotiations for the
  conclusion of interim agreements on trade in goods between the
  European Economic Community and Egypt , Jordan, and Syria in accordance
  with the directives annexed hereto .
  The Commission shall conduot the negotiations in oonsultation with
  the Artiole 113 Committee *
                                         Done at
                                         Por the Counoil
                                         The President
 ---pagebreak--- 1.   The interim agvaements shall embody the provisions of the future
Agreements relating to trade in goods .
2.   The interim agreements shall be applicable until the entry intp
force of the Agreements or until 31 December 1977 » whichever is the
earlier .
                          m
3.   Bodies will be set up to administer the interim agreements .


				|

		52012DC0308

			Recommendation for a COUNCIL RECOMMENDATION on Cyprus’s 2012 national reform programme and delivering a Council opinion on Cyprus’s stability programme for 2012-2015 /* COM/2012/0308 final */

			   	Recommendation for a
COUNCIL RECOMMENDATION
on Cyprus’s 2012 national reform programme
and delivering a Council opinion on Cyprus’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 Regulation (EU) No
1176/2011 of the European Parliament and of the Council of 16 November on the
prevention and correction of macroeconomic imbalances[2], and in particular Article 6(1)
thereof,
Having regard to the recommendation of the
European Commission[3],
Having regard to the resolutions of the
European Parliament,[4]
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[5],
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 Cyprus’s national reform programme for 2011
and delivered its opinion on Cyprus’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[6], in which it identified Cyprus 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
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 7 May 2012, Cyprus
submitted its stability programme covering the period 2012-2015 and, on 10 May
2012, its 2012 national reform programme. In order to take account of their
interlinkages, the two programmes have been assessed at the same time. The
Commission has also assessed, in an in-depth review under Article 5 of
Regulation (EU) No 1176/2011, whether Cyprus is affected by macroeconomic
imbalances. The Commission concluded in its in-depth review[7] that Cyprus experiences an
internal imbalance due to its banking sector and the indebtedness of the
corporate sector and an external and an internal imbalance on its fiscal
dynamics and competitiveness, although not excessive.
(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 in the programme appears optimistic in 2012-2014.
Although incorporating a major downward revision of the growth outlook, the
macroeconomic scenario underpinning the budgetary projections in the programme
remains subject to downside risks, relating in particular to the evolution of
domestic demand in 2012-2013. The objective of the budgetary strategy outlined
in the programme is to correct the excessive deficit by 2012 and to reach the
medium-term budgetary objective (MTO) by 2014, and to stay at MTO in 2015. The
programme confirms the previous MTO of a balanced budget in structural terms,
which adequately reflects the requirements of the Stability and Growth Pact.
The planned correction of the excessive deficit is in line with the deadline
set by the Council recommendation issued in the context of the Excessive
Deficit Procedure on 13 July 2010. Based on the (recalculated) structural
deficit,[8]
the average annual fiscal effort planned at 1.5% of GDP for the period
2011-2012 is equal to the effort recommended by the Council. The envisaged
progress towards the MTO in 2013 is sufficient as it is higher than the 0.5% of
GDP benchmark of the Stability and Growth Pact both according to the
Commission's 2012 spring forecast and the programme. The growth rate of
government expenditure, taking into account discretionary revenue measures, is
in line with the expenditure benchmark of the Stability and Growth Pact in
2013-2014, but not in 2015. There are risks accompanying the budgetary targets of
the programme linked to the macroeconomic scenario appearing optimistic in
2012-2014 and the planned consolidation effort in 2013, party relying on not
fully specified measures. According to the programme, the debt-to-GDP ratio,
which amounted to 71.6% in 2011, is to increase to 72.1% in 2012 before
gradually dropping to 65.4% in 2015. In terms of the
debt reduction benchmark of the Stability and Growth Pact, Cyprus will be in a
transition period in the years 2013-2015 and the plans presented in the
programme would ensure sufficient progress towards compliance with the debt reduction
benchmark. However, there are risks attached to this projection linked to the
possible rescue operations of financial corporations.
(9)       Tax
administration is inefficient as administrative costs in relation to revenue
collection in Cyprus are very high. Tax collection is relatively
low. Particularly, tax administration expenditure as a
share of GDP and the administration costs in relation to net revenue collection
are high and on a rising trend. Measures to encourage a move away from
informal/undeclared work and tackle tax evasion are necessary. Furthermore,
initiatives to render tax collection more efficient should be reinforced.
(10)     Given the wide exposure of
Cyprus’s banking institutions to the Greek economy, the banks’ asset
performance, profitability, capital and liquidity buffers have been negatively
affected by the restructuring of the Greek government debt, and by the
increasing non-performing loans (NPLs) extended to Greek borrowers. Total
exposure of the consolidated Cypriot banking sector to Greece is very high. The
Cyprus Parliament adopted, on 14 December 2011, two bills to strengthen the
financial system’s resilience against banking crises. However, progress with
the strengthening of supervision of the cooperative credit societies, which
hold about 40 % of all domestic deposits, has so far not been satisfactory.
(11)     Cyprus faces challenges in
ensuring the long-term sustainability of public finances, notably in the area
of pensions. Cyprus implemented two important structural measures to reform its
pension system. However, while the measures adopted are relevant and credible,
the response of Cyprus is not sufficiently ambitious to secure sustainability
and adequacy, and improve the system’s fairness in the longer term. Measures
are still required to maintain the employability of workers within enterprises
and underpin the increase in the effective retirement age. In terms of poverty
of the elderly, Cyprus has only partly addressed their high at-risk-of-poverty
rate. The adopted measures are insufficient to improve the short-term adequacy
of income for pensioners at risk of poverty.
(12)     Inequity and inefficiencies
in the healthcare sector have not been tackled in a meaningful manner. In spite
of the recommendation given last year, no clear timeline for proceeding with
the National Health Insurance System has been presented so far. This poses
risks to the long-term control and sustainability of public finances and the
quality of healthcare provided.
(13)     The Cypriot government took
some steps to respond to the 2011 recommendation on wage indexation (cost of
living allowance - COLA), notably by adopting a two-year pay freeze in the
broader public sector. The government and social partners also agreed to
initiate a dialogue with the aim of reviewing the COLA system by the end of
June 2012. A comprehensive reform of the system should be pursued, in
consultation with social partners and in accordance with national practices, with
a view to strengthening the link between real wages and productivity
developments and making the system more equitable. This would not only support
the country’s competitiveness, but would also lead to a more efficient
allocation of labour. While these developments are first steps in the right
direction, their relevance and credibility depend crucially on the degree of
ambition and enforcement of the final outcome of the social dialogue currently
under way regarding the reform of the wage indexation system.
(14)     The worsening of the
macroeconomic outlook adversely affected the Cypriot labour market, raising the
unemployment rate and causing a large increase in youth unemployment. Cyprus
has taken a number of positive steps to address this challenge. These measures
are relevant but not ambitious enough, in particular in education and vocational
training where implementation should be speeded up. Further efforts are
required for resolving youth unemployment as well as for the re-skilling and
up-skilling of the workforce to facilitate the necessary transitions in the
labour market, focusing in particular on those groups with a low participation
rate in lifelong learning activities such as the low-skilled, unemployed and
older workers.
(15)     As regards the service
sector, Cyprus transposed the Services Directive by way of a horizontal law
accompanied by a number of sector-specific amending laws and regulations.
However, in some sectors (e.g. retail, tourism, and construction services) the
adoption of sector-specific legislation is still pending. There are regulated
professional services where fixed tariffs still exist, such as lawyers and
architects.
(16)     On the basis of the
analysis in the in-depth review, it can be concluded that Cyprus is affected by
imbalances. In particular, macroeconomic developments in the current account, public
finances and the financial sector require close monitoring and urgent economic
policy attention in order to avert any adverse effects on the functioning of
the economy and economic and monetary union. More specifically, the Cypriot
economy has experienced persistent and sizeable current account deficits,
driven by deficits in the volume of trade due to a gradual loss in price/cost
competitiveness, imbalances in the government finances that have swung to
annual deficits which have widened even as the economy recovered from
recession, and increasing private indebtedness. Particularly, non-financial
corporations are very vulnerable due to their high indebtedness coupled with
their low profitability, resulting to a significant increase in non-performing
loans in this sector. Also, the high exposure of the banking sector to
sovereign Greek bonds and the Greek economy is very risky. Moreover, growth
prospects are dim which further hinders the relatively slow unwinding of
imbalances.
(17)     Cyprus has made a number of
commitments under the Euro Plus Pact. These commitments, and the implementation
of the commitments presented in 2011, relate to improving competitiveness,
improving the employment rate, the sustainability of public finances, and
strengthening financial sustainability. 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 Cyprus’s
economic policy. It has assessed the stability programme and national reform
programme, and presented an in-depth review. It has taken into account not only
their relevance for sustainable fiscal and socio-economic policy in Cyprus but
also their observance of 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 (7) below.
(19)     In the light of this
assessment, the Council has examined Cyprus’s 2012 stability programme, and its
opinion[9]
is reflected in particular in recommendation (1) below.
(20)     In the light of the results
of the Commission’s in-depth review and this assessment, the Council has
examined Cyprus’s 2012 national reform programme and Cyprus’s stability
programme. Its recommendations under Article 6 of Regulation (EU) No 1176/2011
are reflected in particular in recommendations (1), (2) and (7) below,
HEREBY RECOMMENDS that Cyprus should
take action within the period 2012-2013 to:
1.           Take additional measures
to achieve a durable correction of the excessive deficit in 2012. Rigorously
implement the budgetary strategy, supported by sufficiently specified measures,
for the year 2013 and beyond to ensure the achievement of the medium-term budgetary
objective (MTO) by 2014 and compliance with the expenditure benchmark and
ensure sufficient progress with the debt reduction benchmark. Accelerate the
phasing-in of an enforceable multiannual budgetary framework with a binding
statutory basis and corrective mechanism. Take measures to keep tight control
over expenditure and implement programme and performance budgeting as soon as
possible. Improve tax compliance and fight against tax evasion. .
2.           Harmonise the supervision
of the cooperative credit societies in line with the standards applied for the
commercial banks. Strengthen regulatory provisions for the efficient recapitalisation
of the financial institutions in order to limit exposure of the financial
sector to external shocks.
3.           Further improve the
long-term sustainability and adequacy of the pensions system and address the
high at-risk-of-poverty rate for the elderly. Align the statutory retirement
age with the increase in life expectancy.
4.           Complete and implement the
national healthcare system without delay, on the basis of a roadmap, which
should ensure its financial sustainability while providing universal coverage.
5.           Improve the skills of the
workforce to reinforce their occupational mobility towards activities of high
growth and high value added. Take further measures to address youth
unemployment, with emphasis on work placements in companies and promotion of
self-employment. Take appropriate policy measures on the demand side to
stimulate business innovation.
6.           Remove unjustified
obstacles in services markets, in particular by improving the implementation of
the Services Directive in service sectors with the most growth potential
(including tourism) and by opening up the provision of professional services.
7.           Improve competitiveness
including through the reform of the system of wage indexation, in consultation
with social partners and in line with national practices, to better reflect
productivity developments. Take steps to diversify the structure of the economy.
Redress the fiscal balance by restraining expenditure.
Done at Brussels,
                                                                       For
the Council
                                                                       The
President
[1]               OJ L 209, 02.08.1997, p. 1
[2]               OJ L 306, 23.11.2011, p. 25
[3]               COM(2012)308 final
[4]               P7_TA(2012)0048 and P7_TA(2012)0047
[5]               Council Decision 2012/238/EU of 26 April 2012
[6]               COM(2012) 68 final
[7]               SWD(2012)152 final
[8]               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.
[9]               Under Article 5(2) of Council Regulation (EC) No
1466/97.


				|

		52011SC0801

			Recommendation for a COUNCIL RECOMMENDATION on the National Reform Programme 2011 of Austriaand delivering a Council opinionon the updated Stability Programme of Austria 2011-2014 /* SEC/2011/0801 final  */

			   	Recommendation for a
COUNCIL RECOMMENDATION
on the National Reform Programme 2011 of
Austria
and delivering a Council opinion
on the updated Stability Programme of Austria 2011-2014
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the
Functioning of the European Union, and in particular Article 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(3) thereof,
Having regard to the recommendation of the
European Commission[2],
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[3],
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 January 2011, the Commission adopted the
first Annual Growth Survey, marking the start of a new cycle of economic
governance in the EU and the first European semester of ex-ante and integrated
policy coordination, which is anchored in the Europe 2020 strategy.
(4)
On 25 March 2011, the European Council endorsed
the priorities for fiscal consolidation and structural reform (in line with the
Council’s conclusions of 15 February and 7 March 2011 and further to the
Commission’s Annual Growth Survey). It underscored the need to give priority to
restoring sound budgets and fiscal sustainability, reducing unemployment
through labour market reforms and making new efforts to enhance growth. It
requested Member States to translate these priorities into concrete measures to
be included in their Stability or Convergence Programmes and National Reform
Programmes.
(5)
On 25 March 2011, the European Council also
invited the Member States participating in the Euro Plus Pact to present their
commitments on time for their inclusion in their Stability or Convergence
Programmes and their National Reform Programmes.
(6)
On 27 April 2011, Austria submitted its updated
Stability Programme covering the period 2011-2014 and on 2 May 2011 its 2011
National Reform Programme. In order to take account of the interlinkages, the
two programmes have been assessed at the same time.
(7)
The Austrian economy entered the crisis on sound
fundamentals, without having suffered from any major imbalances or distortions
in the period preceding it. In spite of that, the financial and economic crisis has pushed the
economy into the deepest recession for decades. Overall, real GDP contracted by
almost 4% in 2009. As a result of the crisis,
employment fell by about 1% in 2009, lifting unemployment to 4.8% (from 3.8% a
year earlier).The crisis halted the previous continuous growth of current
account surplus. The economic
and financial crisis took its toll on public finances. As a result of the
adoption of the stimulus packages and automatic stabilisers operating fully,
the general government deficit reached 4.1% and 4.6% of GDP in 2009 and 2010
respectively. Public debt went up to 69.6% and 72.3% of GDP in the same years.
Since most of the stimulus measures were of permanent nature, there was a need
for fiscal consolidation as soon as economic conditions had improved. A
consolidation package, amounting to close to 1% of GDP, has been adopted in the
budget law for 2011. Since the third quarter of 2009, the economy has been
steadily recovering from the crisis on the back of improved foreign demand and
in particular of stronger economic activity in Germany. Overall, real GDP
growth reached 2% in 2010.
(8)
Based on the assessment of the updated Stability
Programme pursuant to Article 5(1) of Council Regulation (EC) No 1466/97, the
Council is of the opinion that the macroeconomic scenario underpinning the
budgetary projections is plausible, and too favourable towards the end of the
programme period. The main goal of the medium-term
budgetary strategy, presented in the latest update of the Stability Programme,
is to gradually reduce the general government deficit from 4.6% of GDP in 2010
to 2.4% of GDP in 2014, chiefly by expenditure restraint. There are mainly
downside risks to these targets due to the fact that the measures to underpin
the consolidation path at the sub-national level are unspecified and the fact
that savings from some of the measures adopted at the
federal level will not materialise, e.g. gains from the anti-tax-fraud campaign
the predicted impact of which seems to be highly speculative. On the other
hand, a positive risk factor is the multi-annual expenditure framework
introduced for the federal government in 2009, which seems to have contributed
to enhancing predictability of the budgetary process in the medium term, albeit
only at the federal level. The programme stipulates
that the debt-to-GDP ratio will grow from 72.3% in 2010 to 75.5% in 2013 before
declining to 75.1% in 2014. However, there are some
risks attached to this projection, which relate to the growing debt of
state-owned companies classified outside the government sector and potential
further burden stemming from support measures to the banking sector. At the
same time, however, the debt ratio might turn out lower as it is probable that
the banks which received the public support during the crisis will pay it back
ahead of the schedule that is assumed in the programme.
(9)
According to the Programme, the general
government deficit is expected to fall below the 3% reference value in 2013,
which is in line with the deadline set by the Council. However, the annual
average fiscal effort of 0.35% of GDP envisaged by the programme in the period
2011-2013 is well below the 0.75% of GDP effort that the Council invited
Austria to provide.
(10)
While Austria has a developed National Stability
Pact in place, further reforming the fiscal relations between various layers of
government would bring in substantial savings, support fiscal consolidation and
free up resources for growth-enhancing investment in areas such as R&D and
education. It is widely acknowledged that current relations are complex: not
only are revenues from most individual taxes shared among the different
territorial levels in fixed proportions, but also decision-making in many areas
is divided among various levels of authority. For a number of activities,
revenue-raising and spending responsibilities do not reside within the same
level of government. Notable examples of inefficiencies stemming from the
current form of these fiscal relations are found in the health care and
education sectors.
(11)
The average tax wedge in Austria is among the
highest in the EU. Compared with other EU countries, the social security
contributions of employees are very high. The reduction of unemployment
insurance contributions of low-wage earners in 2008 and the income tax reform
of 2009 helped reduce the labour tax burden, but could not prevent the tax
wedge from increasing slightly for both low and average income earners as
compared with the start of the last decade. This wedge has a negative impact on
employment, in particular of low-paid and low-skilled workers.
(12)
The employment rate of older workers in Austria
is still well below the EU average in spite of a sharp rise in the last decade.
Early retirement schemes and disability pensions are still widely used.
Altogether 72% of all new pensions in 2010 were granted before the statutory
retirement age was reached. Another factor contributing to the low employment
rate of older workers is the still relatively low statutory retirement age for
women (60). Given the demographic developments in Austria, raising the
effective retirement age and improving the framework enabling older workers to
stay longer in the labour market are important in the context both of ensuring
sustainability of public finances and of boosting the labour supply, which is
forecast to start shrinking from 2020 onwards.
(13)
The female employment rate in Austria is
relatively high, associated with one of the highest rates of part-time work.
Women's jobs are highly concentrated in low-wage employment. These patterns
result in a gender pay gap of 25.4% which is the second highest in the EU and
one of the factors leading to a relatively high poverty risk for women. A
reason for female part-time work is the uneven distribution between women and
men of care obligations for children and the elderly and the lack of child care
and long-term care services.
(14)
The education system is characterised by
"early tracking", whereby pupils have to decide at the age of 10
about their future education path with limited permeability between paths, and
widespread half-day schooling. This can result in suboptimal educational
outcomes for vulnerable youth, in particular those with a migrant background. Early
choices predetermine to a large extent future education paths, making it more
difficult to reach higher education levels at a later stage. A common school
for all 10-14 year-olds would help increase equality of opportunities in the
education system and help tackle school drop-out rates.
(15)
Competition in the services sector, in
particular network services such as telecommunications, transport, utilities,
as well as retail trade and professional services, is not sufficiently
developed. Productivity growth has been sluggish and the market structure has
not fostered purchasing power and consumer demand. Promoting competition
through facilitating market entry, reducing the statutory regulation of trades
and professions and ensuring competitive pricing would expand consumer choice
and affordability. Austria has accumulated lengthy delays in implementing the
Services Directive; addressing these could contribute to unlocking growth. In
particular the "horizontal law", a federal law implementing the main
principles of the Directive, is still pending.
(16)
Austria has made a number of commitments under
the Euro Plus Pact[4]. The commitments refer to
the three of the four areas of the Pact. On the fiscal side, the measures
address the need to raise the effective retirement age as well as control
public expenditure more effectively at the various levels of government. For
employment, the focus is on combating youth unemployment, and for
competitiveness, on investing further in research and technical education, as
well as on developing models for all-day schools. The initiatives presented
under the Pact are in line with the National Reform Programme and are in
compliance with the Federal Budgetary Framework Law and the Stability
Programme. However, while the measures address some of the main socio-economic
issues facing the country, there are outstanding challenges that could usefully
have been covered in the commitments, including in the areas of fiscal policy,
education, competition and innovation. The Euro Plus Pact commitments have been
assessed and taken into account in the recommendations.
(17)
The Commission has assessed the Stability
Programme and National Reform Programme, and the Euro Plus Pact commitments for
Austria[5]. It has taken into
account not only their relevance for sustainable fiscal and socio-economic
policy in Austria but also their observance of 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. It considers that,
given the favourable economic conditions, the fiscal consolidation effort
should be stepped up, in particular in 2012, and that the fiscal relations
between the various layers of government should be reformed further. Reducing
the tax wedge, improving educational outcomes, and combating gender
segmentation would be beneficial to the dynamism of the labour market, while
enhancing competition and fostering innovation would increase competitiveness.
(18)
In light of this assessment, also taking into
account the Council Recommendation under Article 126(7) of the Treaty on the
Functioning of the European Union of 2 December 2009, the Council has examined
the 2011 update of the Stability Programme of Austria and its opinion[6]
is reflected in particular in its recommendation under (1) and (2) below,
HEREBY RECOMMENDS that Austria
should take action within the period 2011-2012 to:
(1)
Take advantage of the
ongoing economic recovery to accelerate the correction
of the excessive deficit. To this end, adopt and implement the necessary
measures, including at the sub-national level, in order to ensure an average
annual fiscal effort of at least 0.75% of GDP in 2012 and 2013.
(2)
Take steps to further strengthen the national
budgetary framework by aligning legislative, administrative, revenue-raising
and spending responsibilities across the different levels of government, in
particular in the area of health care.
(3)
In consultation with the social partners and
according to national practices, take measures to phase out the current early
retirement scheme for people with long insurance periods and bring forward the
increase in women's statutory retirement age to ensure the sustainability and
adequacy of the pension system. Apply strictly the conditions for access to the
invalidity pension scheme.
(4)
Take measures to enhance participation in the
labour market, including the following: reduce, in a budgetary neutral way, the
tax and social security burden on labour, especially for low and medium-income
earners; implement the National Action Plan on the
equal treatment of women and men on the labour market, including improvements
in the availability of care services and of all-day
school places to increase the options for women to work
full-time and in the high gender pay gap; take steps to
improve educational outcomes and prevent school
drop-out.
(5)
Take further steps to foster competition, in
particular in the services sectors, by relaxing barriers to entry, removing
unjustified restrictions on trades and professions, as well as enhancing the
powers of the competition authorities. Accelerate the adoption of the outstanding "horizontal law"
implementing the Services Directive.
Done at Brussels,
                                                                       For
the Council
                                                                       The
President
[1]               OJ L 209, 2.8.1997, p. 1.
[2]               OJ C , , p. .
[3]               Maintained for 2011 by Council Decision 2011/308/EU
of 19 May 2011.
[4]               More details on the commitments made under the Euro
Plus Pact can be found in SEC(2011) 728.
[5]               SEC(2011) 728.
[6]               Foreseen in Article 5(3) of Council Regulation (EC)
No 1466/97.


title: Recommendation of the EFTA Surveillance Authority No 144/06/COL of 11 May 2006 on the reduction of the presence of dioxins, furans and PCBs in feedingstuffs and foodstuffs

text:
               21.12.2006

               EN

               Official Journal of the European Union

               L 366/93

      RECOMMENDATION OF THE EFTA SURVEILLANCE AUTHORITY

   No 144/06/COL
   of 11 May 2006
   on the reduction of the presence of dioxins, furans and PCBs in feedingstuffs and foodstuffs
   THE EFTA SURVEILLANCE AUTHORITY,
   Having regard to the Agreement on the European Economic Area (EEA), and in particular Article 109 and Protocol 1 thereof,
   Having regard to the Agreement between the EFTA States on the Establishment of a Surveillance Authority and a Court of Justice, and in particular Article 5(2)(b) and Protocol 1 thereof,
   Having regard to the Act referred to at point 33 of Chapter II of Annex I to the EEA Agreement (Council Directive 2002/32/EC of 7 May 2002 on undesirable substances in animal feed
       (1) as amended, and as adapted to the EEA Agreement by Protocol 1 thereto,
   Having regard to Act referred to at point 54zn of Chapter XII of Annex II to the EEA Agreement (Commission Regulation (EC) No 466/2001 of 8 March 2001 setting maximum levels for certain contaminants in foodstuffs
       (2) as amended, and as adapted to the EEA Agreement by Protocol 1 thereto,
   Having regard to the EFTA Surveillance Authority Decision 84/06/COL of 6 April 2006, whereby the competent Member of the College is instructed to adopt the Recommendation if the draft Recommendation is in accordance with the opinion of the EFTA Plants and Animal Feedingstuffs Committee and the EFTA Foodstuffs Committee,
   Whereas:

               (1)

               This Recommendation is a part of an overall strategy to reduce the presence of dioxins, furans and PCBs in environment, feed and food. Its purpose is to recommend action levels for feed and food.

               (2)

               Although, from a toxicological point of view, any level should apply to dioxins and dioxin-like PCBs, maximum levels in foodstuffs were in 2001 set only for dioxins and not for dioxin-like PCBs given the very limited data available at that moment on the prevalence of the dioxin-like PCBs. Similarly, maximum levels in feedingstuffs were in 2001 set only for dioxins and not for dioxin-like PCBs in the Act referred to at point 33 of Chapter II of Annex I of the EEA Agreement (Council Directive 2002/32/EC).

               (3)

               According to Regulation (EC) No 466/2001, the European Commission should review the provisions as regards dioxins in food for the first time by the end of 2004 in the light of new data on the presence of dioxins and dioxin-like PCBs, in particular with a view to the inclusion of dioxin-like PCBs in the levels to be set. The Act referred to at point 33 of Chapter II of Annex I of the EEA Agreement (Directive 2002/32/EC) contains a similar review clause as regards dioxins in feedingstuffs.

               (4)

               In the meantime more data on the presence of dioxin-like PCBs in feed and food have been made available. As a consequence, maximum levels have been set for the sum of dioxins and dioxin-like PCBs expressed in World Health Organisation (WHO) toxic equivalents, using the WHO-TEFs as this is the most appropriate approach from a toxicological point. In order to ensure a smooth transition, existing maximum levels for dioxins should remain applicable for a transitional period in addition to the newly set levels for the sum of dioxins and dioxin-like PCBs.

               (5)

               It is generally recognised that in order to actively reduce the presence of dioxins and dioxin-like PCBs in food and feed maximum levels should be accompanied by measures to stimulate a pro-active approach, including the setting of action levels for food and feed. These action levels should be a tool for competent authorities and operators to highlight those cases where it is appropriate to identify a source of contamination and to take measures for its reduction or elimination. Given the sources of dioxins and dioxin-like PCBs are different, it is appropriate that separate action levels are determined for dioxins on the one hand and for dioxin-like PCBs on the other hand.

               (6)

               Furthermore, the action levels should be periodically adjusted in line with the downward trend in dioxin and dioxin-like PCB presence and the active approach pursued to gradually reduce their presence in feedingstuffs and foodstuffs.

               (7)

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

               (8)

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

         HEREBY RECOMMENDS:

               (1)

               That the EFTA States perform, proportionate to their production, use and consumption of feed materials, feedingstuffs and foodstuffs, random monitoring of the presence of dioxins and dioxin-like PCBs and, if possible, non-dioxin-like PCBs in feed materials, feedingstuffs and foodstuffs.
               This monitoring should be carried out according to EFTA Surveillance Authority Recommendation No 3/05/COL of 19 January 2005 on the monitoring of background levels of dioxins and dioxin-like PCBs in feedingstuffs and Commission Recommendation 2004/705/EC of 11 October 2004 on the monitoring of background levels of dioxin and dioxin-like PCBs in foodstuffs (3).

               (2)

               That in cases of non-compliance with the provisions of the Act referred to at point 33 of Chapter II of Annex I of the EEA Agreement (Directive 2002/32/EC) and Regulation (EC) No 466/2001, and (subject to point 3) in cases where levels of dioxins and/or dioxin-like PCBs in excess of the action levels specified in Annex I to this Recommendation as regards foodstuffs and in Annex II of the Act referred to at point 33 of Chapter II of Annex I of the EEA Agreement. (Directive 2002/32/EC) as regards feedingstuffs are found, and in co-operation with operators,

                           (a)

                           initiate investigations to identify the source of contamination,

                           (b)

                           take measures to reduce or eliminate the source of contamination,

                           (c)

                           check for the presence of non-dioxin-like PCBs.

               (3)

               That the EFTA States in which background levels of dioxin and dioxin-like PCBs are particularly high, set national action levels for their domestic production of feed materials, feedingstuffs and foodstuffs, such that for about 5 % of the results obtained in the monitoring referred to in point 1, an investigation is undertaken to identify the source of contamination.

               (4)

               That the EFTA States inform the EFTA Surveillance Authority and the other EFTA States of their findings, the results of their investigations and the measures taken to reduce or eliminate the source of contamination.

               (9)

               That the EFTA States transmit the information referred to in point 4 by 31 March of each year at the latest for foodstuffs and as part of the annual report to be submitted to the Authority pursuant to Article 22(2) of the Act referred to at point 31a of Chapter II of Annex I to the EEA Agreement (Council Directive 95/53/EC of 25 October 1995 fixing the principles governing the organization of official inspections in the field of animal nutrition
                   (4) for feedingstuffs, except where the information is of immediate relevance for the other EEA States in which case it should be transmitted immediately. In accordance with Article 2(1) of Protocol 1 of the Surveillance and Court Agreement, the EFTA Surveillance Authority shall pass on that information to the European Commission.

      Done at Brussels, 11 May 2006.

            For the EFTA Surveillance Authority

         Kristján Andri STEFÁNSSON

            College Member

         Niels FENGER

            Director

      (1)  OJ L 140, 30.5.2002, p. 10. Directive as last amended by Commission Directive 2006/77/EC (OJ L 271, 30.9.2006, p. 53).

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

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

      (4)  OJ L 265, 08.11.1995, p. 17. Directive as last amended by Directive 2001/46/EC of the Européan parliament and of the Council (OJ L 234, 1. 9. 2001, p. 55).

      ANNEX
      Dioxins (sum of polychlorinated dibenzo-para-dioxins (PCDDs) and polychlorinated dibenzofurans (PCDFs), expressed in World Health Organisation (WHO) toxic equivalents using the WHO-TEFs (toxic equivalency factors, 1997)), and dioxin-like PCBs (sum of polychlorinated biphenyls, expressed in World Health Organisation (WHO) toxic equivalents using the WHO-TEFs (toxic equivalency factors, 1997)).

                  Food

                  Action level for dioxins + furans WHO-TEQ) (1)

                  Action level for dioxin-like PCBS (WHO-TEQ) (1)

                  Meat and meat products

                              —

                              of ruminants (bovine animals, sheep)

                  1,5 pg/g fat (2)

                  1,0 pg/g fat (2)

                              —

                              of poultry and farmed game

                              —

                              of pigs

                  1,5 pg/g fat (2)

                  1,5 pg/g fat (2)

                  Liver and derived products of terrestrial animals

                  0,6 pg/g fat (2)

                  4,0 pg/g fat (2)

                  0,5 pg/g fat (2)

                  4,0 pg/g fat (2)

                  Muscle meat of fish and fishery products and products thereof, with the exception of eel (3)
                      (4)

                  3,0 pg/g fresh weight

                  3,0 pg/g fresh weight

                  Muscle meat of eel (Anguilla anguilla) and products thereof (3)
                      (4)

                  3,0 pg/g fresh weight

                  6,0 pg/g fresh weight

                  Milk and milk products, including butter fat

                  2,0 pg/g fat (2)

                  2,0 pg/g fat (2)

                  Hen eggs and egg products

                  2,0 pg/g fat (2)

                  2,0 pg/g fat (2)

                  Oils and fats

                              —

                              Animal fat

                              —

                              from ruminants

                  1,5 pg/g fat

                  1,0 pg/g fat

                              —

                              from poultry and farmed game

                  1,5 pg/g fat

                  1,5 pg/g fat

                              —

                              from pigs

                  0,6 pg/g fat

                  0,5 pg/g fat

                              —

                              mixed animal fats

                  1,5 pg/g fat

                  0,75 pg/g fat

                              —

                              Vegetable oil and fats

                  0,5 pg/g fat

                  0,5 pg/g fat

                              —

                              Marine oil (fish body oil, fish liver oil and oils from other marine organisms intended for human consumption)

                  1,5 pg/g fat

                  6,0 pg/g fat

                  Fruits, vegetables and cereals

                  0,4 ng/kg product

                  0,2 ng/kg product

         (1)  Upperbound concentrations: upperbound concentrations are calculated assuming that all the values of the different congeners less than the limit of quantification are equal to the limit of quantification.

         (2)  The action levels are not applicable for food products containing < 1 % fat.

         (3)  Where fish are intended to be eaten whole, the action level shall apply to the whole fish.

         (4)  When the action level is exceeded, it will be in some cases not necessary to perform an investigation as regards the source of contamination as the background level in some areas for some fish species is close to or exceeding the action level. However it is appropriate in these cases where the action level is exceeded to record all information such as sampling period, geographic origin and fish species in view of future measures as regards the presence of dioxins and dioxin-like compounds in fish and fishery products.


title: Commission Recommendation of 30 May 2008 on risk reduction measures for the substances: benzyl butyl phthalate (BBP), 2-furaldehyde (furfural), perboric acid, sodium salt (notified under document number C(2008) 2328) (Text with EEA relevance)

text:
               14.6.2008

               EN

               Official Journal of the European Union

               L 156/24

      COMMISSION RECOMMENDATION

   of 30 May 2008
   on risk reduction measures for the substances: benzyl butyl phthalate (BBP), 2-furaldehyde (furfural), perboric acid, sodium salt
   (notified under document number C(2008) 2328)
   (Text with EEA relevance)
   (2008/447/EC)
   THE COMMISSION OF THE EUROPEAN COMMUNITIES,
   Having regard to the Treaty establishing the European Community,
   Having regard to Council Regulation (EEC) No 793/93 of 23 March 1993 on the evaluation and control of the risks of existing substances (1) and in particular Article 11(2) thereof,
   Whereas:

               (1)

               In the framework of Regulation (EEC) No 793/93 the following substances have been identified as priority substances for evaluation in accordance with Commission Regulations (EC) No 2268/95 (2) and (EC) No 143/97 (3) respectively concerning the second and third list of priority substances as foreseen under Council Regulation (EEC) No 793/93:

                           —

                           benzyl butyl phthalate (BBP),

                           —

                           2-furaldehyde (furfural),

                           —

                           perboric acid, sodium salt.

                     The rapporteur Member States designated pursuant to those Regulations have completed the risk evaluation activities with regard to man and the environment for those substances in accordance with Commission Regulation (EC) No 1488/94 of 28 June 1994 laying down the principles for the assessment of risks to man and the environment of existing substances in accordance with Council Regulation (EEC) No 793/93 (4) and have suggested a strategy for limiting the risks.

               (2)

               The Scientific Committee on Toxicity, Ecotoxicity and the Environment (SCTEE) and the Scientific Committee on Health and Environmental Risks (SCHER) have been consulted and have issued opinions with respect to the risk evaluations carried out by the rapporteurs. The opinions have been published on the website of the Scientific Committees.

               (3)

               The results of the risk evaluation and further results of the strategies for limiting the risks are set out in the corresponding Commission Communication (5).

               (4)

               It is appropriate, on the basis of that evaluation, to recommend certain risk reduction measures for certain substances.

               (5)

               The risk reduction measures recommended for workers should be considered within the framework of the legislation for workers protection, which is considered to provide an adequate framework to limit the risks of the relevant substances to the extent needed.

               (6)

               The risk reduction measures provided for in this recommendation are in accordance with the opinion of the Committee set up pursuant to Article 15(1) of Regulation (EEC) No 793/93,

         HEREBY RECOMMENDS:
   SECTION 1
   BENZYL BUTYL PHTHALATE (BBP)

      (CAS No 85-68-7; Einecs No 201-622-7)

   Risk reduction measures for the environment (1 and 2)

               1.

               Local emissions to the environment of BBP should, where necessary, be controlled by national rules to ensure that no risk for the environment is expected.

               2.

               For river basins where emissions of BBP may cause a risk, the relevant Member State(s) establish Environmental Quality Standards (EQS) and the national pollution reduction measures to achieve those EQS in 2015 shall be included in the river basin management plans in line with the provisions of Directive 2000/60/EC of the European Parliament and of the Council (6) (Water Framework Directive).

         SECTION 2
   2-FURALDEHYDE (FURFURAL)

      (CAS No 98-01-1; Einecs No 202-627-7)

   Risk reduction measures for the environment (3, 4, 5 and 6)

               3.

               The risk assessment has identified other sources of furfural emissions (e.g. major contamination from the sulfite pulping processes used in pulp and paper industry), than those from the produced or imported chemical. The need to consider if additional risk management is needed can best be considered under Directive 2008/1/EC of the European Parliament and of the Council (7) and Directive 2000/60/EC, using the information in the comprehensive risk assessment report.

               4.

               Competent authorities in the Member States concerned should lay down, in the permits issued under Council Directive 2008/1/EC, conditions, emission limit values or equivalent parameters or technical measures regarding furfural in order to operate according to the Best Available Techniques (hereinafter BAT) taking into account the technical characteristic of the installations concerned, their geographical location and the local environmental conditions.

               5.

               Member States should carefully monitor the implementation of BAT regarding furfural and report any important developments to the Commission in the framework of the exchange of information on BAT.

               6.

               Local emissions to the environment of furfural should, where necessary, be controlled by national rules to ensure that no risk for the environment is expected.

         SECTION 3
   PERBORIC ACID, SODIUM SALT

      (CAS No 11138-47-9; Einecs No 234-390-0)

   Risk reduction measures for workers (7)

               7.

               Employers using sodium perborates should take note of any sector specific guidance developed at national level based on the practical non-binding guidance, available from the Commission as provided for in Article 12(2) of Council Directive 98/24/EC (8).

         SECTION 4
   ADDRESSEES

               8.

               This Recommendation is addressed to all sectors importing, producing, transporting, storing, formulating into a preparation or other processing, using, disposing or recovering the substances and to the Member States.

      Done at Brussels, 30 May 2008.

            For the Commission

         Stavros DIMAS

            Member of the Commission

      (1)  OJ L 84, 5.4.1993, p. 1.

      (2)  OJ L 231, 28.9.1995, p. 18.

      (3)  OJ L 25, 28.1.1997, p. 13.

      (4)  OJ L 161, 29.6.1994, p. 3.

      (5)  OJ C 149, 14.6.2008, p. 14.

      (6)  OJ L 327, 22.12.2000, p. 1. Directive as amended by Directive 2008/32/EC (OJ L 81, 20.3.2008, p. 60).

      (7)  OJ L 24, 29.1.2008, p. 8.

      (8)  OJ L 131, 5.5.1998, p. 11. Directive as amended by Directive 2007/30/EC of the European Parliament and of the Council (OJ L 165, 27.6.2007, p. 21).