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

text:
               18.8.2016

               EN

               Official Journal of the European Union

               C 299/90

         COUNCIL RECOMMENDATION
   of 12 July 2016
   on the 2016 National Reform Programme of Slovenia and delivering a Council opinion on the 2016 Stability Programme of Slovenia
   (2016/C 299/22)
   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 2011 on the prevention and correction of macroeconomic imbalances (2), and in particular Article 6(1) thereof,
   Having regard to the recommendation of the European Commission,
   Having regard to the resolutions of the European Parliament,
   Having regard to the conclusions of the European Council,
   Having regard to the opinion of the Employment Committee,
   Having regard to the opinion of the Economic and Financial Committee,
   Having regard to the opinion of the Social Protection Committee,
   Having regard to the opinion of the Economic Policy Committee,
   Whereas:

               (1)

               On 26 November 2015, the Commission adopted the Annual Growth Survey, marking the start of the 2016 European Semester for economic policy coordination. The priorities of the Annual Growth Survey were endorsed by the European Council on 17-18 March 2016. On 26 November 2015, on the basis of Regulation (EU) No 1176/2011, the Commission adopted the Alert Mechanism Report, in which it identified Slovenia as one of the Member States for which an in-depth review would be carried out. On the same day, the Commission also adopted a recommendation for a Council recommendation on the economic policy of the euro area. That recommendation was endorsed by the European Council on 18-19 February 2016 and adopted by the Council on 8 March 2016 (3). As a country whose currency is the euro and in view of the close interlinkages between the economies in the economic and monetary union, Slovenia should ensure the full and timely implementation of the recommendation.

               (2)

               The 2016 country report for Slovenia was published on 26 February 2016. It assessed Slovenia's progress in addressing the country-specific recommendations adopted by the Council on 14 July 2015 and Slovenia's progress towards its national Europe 2020 targets. It also included the in-depth review under Article 5 of Regulation (EU) No 1176/2011. On 8 March 2016, the Commission presented the results of the in-depth review. The Commission's analysis leads it to conclude that Slovenia is experiencing macroeconomic imbalances. Weaknesses in the banking sector, corporate indebtedness, the lack of investment and long-term fiscal sustainability risks constitute vulnerabilities that will need to be addressed. Confidence has returned in the Slovenian banking sector. However, credit growth remains negative and the level of non-performing loans remains relatively high. It is essential that Slovenia tackles risks to fiscal sustainability stemming from increasing pressures on its healthcare and pension systems and reduces the increased public debt. Further reduction of obstacles to investment is required, particularly in the area of public administration. There is a need to strengthen the involvement of social partners in policy design and implementation of structural reforms in particular on pensions, health, long-term care and labour market policies.

               (3)

               On 15 April 2016, Slovenia submitted its 2016 National Reform Programme and its 2016 Stability Programme. In order to take account of their interlinkages, the two programmes have been assessed at the same time.

               (4)

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

               (5)

               The 2016 Stability Programme of Slovenia indicates that the budgetary impact of the exceptional inflow of refugees is significant and provides adequate evidence of the scope and nature of these additional budgetary costs. According to the Commission, the eligible additional expenditure amounted to 0,06 % of GDP in 2015 and is currently estimated at 0,07 % of GDP in 2016. The provisions set out in Article 5(1) and Article 6(3) of Regulation (EC) No 1466/97 cater for this additional expenditure, in that the inflow of refugees is an exceptional event, its impact on Slovenia's public finances is significant and sustainability would not be compromised by allowing for a temporary deviation from the adjustment path towards the medium-term budgetary objective. Whereas this provision is not applicable for 2015 as Slovenia was under the excessive deficit procedure, a final assessment regarding 2016, including on the eligible amounts, will be made in spring 2017 on the basis of observed data as provided by the Slovenian authorities.

               (6)

               Following the abrogation of the excessive deficit procedure, Slovenia is in the preventive arm of the Stability and Growth Pact and subject to the transitional debt rule. In its 2016 Stability Programme, the Government plans a gradual improvement of the headline balance from 2,2 % in 2016 to 0,4 % of GDP in 2019. The medium-term budgetary objective — a balance budget in structural terms, which does not respect the requirements of the Stability and Growth Pact — is planned to be achieved in 2020, beyond the Programme's horizon. However, the recalculated structural balance (5) points to a structural deficit of 1,2 % of GDP in 2019. According to the Stability Programme, the government debt-to-GDP ratio is expected to fall to 80,2 % of GDP in 2016 and continue to fall to 73,8 % of GDP in 2019. The macroeconomic scenario underpinning these budgetary projections is plausible. However, the measures needed to support the planned deficit targets from 2017 onwards have not been sufficiently specified. According to the Commission 2016 spring forecast, Slovenia's output gap in 2017 is estimated at 1,8 % of GDP, while potential growth is projected at 1,1 % and real GDP growth at 2,3 % of GDP. On this basis, Slovenia is assessed to be in ‘good times’ in 2017, requiring a structural adjustment of 1 % of GDP. However, there is significant uncertainty regarding the calculation of potential growth and the output gap in the specific case of Slovenia because of the specific situation of the labour market, the particularly large economic contraction in 2008-2013 and the structural reforms being implemented. Alternative output gap estimations covering a longer time horizon, reflecting the ongoing review of the estimation method, suggest a smoother output gap profile for Slovenia, implying that it would be premature to conclude that the Slovenian economy is in ‘good times’ in 2017. Therefore, requiring a structural effort in 2017 in line with ‘normal times’ conditions appears more appropriate at the current juncture. There appears to be a risk of some deviation from the recommended adjustment towards the medium-term objective in 2016 and, under unchanged policies, a risk of a significant deviation in 2017. The conclusion for 2016 would not change in case the budgetary impact of the exceptional inflow of refugees was excluded from the assessment. Slovenia is forecast to comply with the transitional debt rule in 2016 and to broadly comply with it in 2017. Based on its assessment of the Stability Programme and taking into account the Commission 2016 spring forecast, the Council is of the opinion that there is a risk that Slovenia will not comply with the provisions of the Stability and Growth Pact. Therefore, further measures will be needed to ensure compliance in 2016 and 2017.

               (7)

               In July 2015, the Parliament adopted the Fiscal Rules Act. However, an independent Fiscal Council to oversee the implementation of the rules has yet to be appointed. Furthermore, revisions to the Public Finance Act required to make the Fiscal Rules Act fully operational and aimed at putting a multiannual approach to budgeting on a statutory footing remain outstanding.

               (8)

               The high level of public debt at well above 60 % of GDP makes Slovenia vulnerable to nominal growth and interest rate shocks. At the same time, Slovenia's population is ageing faster than that of most Member States. Slovenia faces high risks regarding the long-term sustainability of public finances, given that it has the highest long-term sustainability gap indicator of all Member States, stemming from the projected increase in pension-related public spending, healthcare and long-term care expenditure. Projected public spending on pensions is the highest among all Member States and is estimated to increase from 11,8 % in 2013 to 15,3 % of GDP in 2060. The old age dependency ratio is projected to more than double between 2013 and 2060, putting significant pressure on the pension systems. Projected implicit liabilities related to the cost of ageing reflect the long-term challenges in terms of an ageing population. In addition, adequacy problems for workers with less than full working careers can be expected in the future, with an increasing number of people with incomplete or short working careers, also due to their late entry into the labour market, working in intermittent jobs and with a low contribution density. A White Paper on pensions was published in April 2016 and will serve as the basis for a wide public consultation. The results of the consultation will be fed into a new pension reform that should be adopted within the current legislative term, swiftly starting by agreement with social partners on key elements of the reform, namely the retirement age, level of pensions, indexation and optimisation of the second pillar.

               (9)

               Public expenditure on long-term care is projected to more than double by 2060 due to population ageing. This poses a significant fiscal sustainability challenge for Slovenia. The proportion of the population aged 80 years and older is projected to rise three-fold, from 4,6 % in 2013 to 12,4 % in 2060. Between 2003 and 2013, overall expenditure on long-term care increased by 85 % with private expenditure growing at a higher pace than public expenditure. There is no integrated long-term care system in Slovenia. Slovenia focusses its spending on formal in-kind benefits, the majority of which is spent on institutional care rather than home care, although both figures are below the EU average. There is significant scope for increasing the cost-effectiveness of the healthcare system by strengthening the measures for improving primary care as a gatekeeper, shifting from inpatient to outpatient care, improving the efficiency and governance of hospitals, improving contracting and payment processes for health services, developing better cost information for the adjustment of the imported diagnosis-related groups, and further development of a quality monitoring framework. The proportion of joint procurement is low and there is a strong focus on the ‘lowest price’ award criterion. A comprehensive review of the healthcare system has been completed and the Resolution on the National Healthcare Plan 2016-2025 was adopted by the Government at the end of 2015 and by the Parliament in March 2016. The Resolution represents a strategic plan for the development of the healthcare system. Some of its measures are being implemented, while proposals for other key binding implementing measures are in preparation and are yet to be presented. It also remains unclear whether the reform will address key issues such as in-built automatic stabiliser schemes, which would cushion revenue fluctuations over the business cycle or the access and quality of service provision. The adoption of the Long-term Care Act and the Healthcare and Health Insurance Act has been repeatedly delayed and the current roadmap for their adoption appears to be optimistic for the second half of 2016.

               (10)

               Labour market performance is gradually improving and social conditions have stabilised. Job creation has picked up considerably and unemployment is decreasing. However, participation rates of older and low-skilled workers remain a challenge. Long-term unemployment still represents more than half of all unemployed with a significant share of the long-term unemployed being low-skilled or older than 50 years of age. The Guidelines for Active Labour Market Policy Measures 2016-2020 represent a continuation of the approach implemented so far, while the expenditure for that policy area remains low. Temporary exemptions from employers' social contributions for newly employed workers older than 55 were adopted in November 2015. Further measures to prolong working lives, including adapting the working environment, which are relevant also for the sustainability of the pension system, are expected to be presented in 2016. Wage growth stayed in line with productivity gains and continued to support external competitiveness. In November 2015, the Parliament passed a bill proposed by the trade unions that redefined the minimum wage to exclude some bonuses. As a result, employer organisations withdrew from the social agreement, weakening the social dialogue considerably.

               (11)

               Progress has been made on the work-out of non-performing loans, although they remain at high levels compared with the pre-crisis period. Slovenia has implemented several policy measures to improve the sustainability of the banking sector. These include strengthening the banks' work-out capacity and introducing action setting specific targets for the reduction of non-performing loans. Slovenia has also introduced several measures to manage credit risk. Positive results are expected by mid-2016. Nevertheless, the policy priorities in the short term remain the further resolution of non-performing loans and the management of credit risk. Operational and financial restructuring of major corporates has been completed and master restructuring agreements are continuously monitored. The Bank Asset Management Company (BAMC) is fully operational and its 2017-2022 strategy has been set out. While progress has been made by the BAMC in the work-out of its loan book, it remains a significant risk to the sustainability of public finances. In 2015, its activities contributed 1 % of GDP to the general government deficit of 2,9 %. Oversight of the activities of the BAMC appears to be insufficient as the authorities had considerably underestimated the deficit of the BAMC in 2015 by 0,7 % of GDP and appeared unaware of the level of write-offs performed by the BAMC. Additional restructuring tools are also available. On the back of substantial progress in restructuring of major corporates, Slovenia has started the restructuring of several SMEs. Guidelines for the restructuring of SMEs are currently being implemented by the banks. Progress has been made on access to finance for SMEs and micro companies. Nevertheless, there is limited access to alternative sources of financing such as venture capital. Small businesses are still overly dependent on bank lending despite the increasing availability of debt and equity instruments in the market. Therefore, that segment is very vulnerable to credit market developments.

               (12)

               Investment growth has been muted in recent years, which limited Slovenia's economic output and future growth prospects. Private investment declined sharply during the economic crisis and since then its share in GDP has been decreasing. With public investment strongly dependent on the dynamics of EU funds, more productive investment is needed to stimulate and sustain economic growth. Foreign direct investment in Slovenia has grown markedly in the last two years, mainly due to increased privatisation efforts. However, Slovenia's business environment remains hindered by ongoing deleveraging and a high level of administrative burden, particularly in the areas of construction, spatial planning and tax compliance, but also due to restrictive regulation on access to and exercise of regulated professions, which impedes the inflow of investment. Making it easier to do business in Slovenia depends on increased business trust and further elimination of inefficiencies in public administration and red tape stemming from a high number of laws and by-laws and frequent changes to legislation. Around half of the administrative burden reduction measures set out in the Government's single document have been implemented, but some pertinent measures, especially on building permits and spatial planning, have been delayed.

               (13)

               The 2015-2020 strategy for the development of public administration, adopted as part of Slovenia's compliance with the pre-conditions for accessing European Structural and Investment Funds for 2014-2020, stretches across various portfolios, making cross-ministerial coordination essential if it is to be implemented properly and in good time. In February 2016, the Government adopted the second interim report on the implementation of the ‘Zero tolerance of corruption’ programme. There has been some progress in the implementation of that programme. However, certain measures of the programme (joint public procurement for health, examination of crime in banking sector and adoption of the Act for integrity and prevention of corruption) have been delayed. The envisaged amendment of the Act for integrity and prevention of corruption will provide an opportunity to improve the functioning of the Commission for Prevention of Corruption, by addressing credibility issues and the efficiency of its work. In the justice system, the length of trials has been shortened further and the number of pending cases has been reduced from very high levels, partly helped by a smaller number of incoming cases. The decrease is also, to a certain extent, determined by changes in the procedural and statistical treatment of enforcement cases. The Supreme Court continues to update business processes in courts and to reform case management systems. Despite an improved insolvency framework, offering businesses increased opportunities for reorganisation, liquidation proceedings remain lengthy and ineffective.

               (14)

               State involvement in the economy remains high. The State is the largest employer, asset manager and corporate debt holder in Slovenia. In response to the recommendations issued to Slovenia between 2012 and 2015 on that issue, the country produced a new framework for the Slovenian Sovereign Holding. It includes a strategy on the management of State ownership, a set of asset performance criteria and a management plan for 2016. This system complements the new corporate governance code for state-owned enterprises adopted at the end of 2014. The strategy confirms the extent of State's current involvement in the economy and shifts the focus towards an improved performance of the state-owned enterprises. Therefore, implementation of the overhauled framework by the Slovenian Sovereign Holding is all the more important to ensure the separation of the Government's ownership and regulatory functions and the professional management of state-owned enterprises. This, together with further privatisation of selected assets, should reduce contingent liabilities to the budget from this area. The privatisation of Nova Ljubljanska Banka (NLB) is to be launched in 2016 in line with the Slovenian Sovereign Holding management plan.

               (15)

               In the context of the European Semester, the Commission has carried out a comprehensive analysis of Slovenia's economic policy and published it in the 2016 country report. It has also assessed the Stability Programme and the National Reform Programme and the follow-up given to the recommendations addressed to Slovenia in previous years. It has taken into account not only their relevance for sustainable fiscal and socioeconomic policy in Slovenia but also their compliance with EU rules and guidance, given the need to strengthen the EU's overall economic governance by providing EU-level input into future national decisions. The recommendations under the European Semester are reflected in recommendations (1) to (4) below.

               (16)

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

               (17)

               In the light of the Commission's in-depth review and this assessment, the Council has examined the National Reform Programme and the Stability Programme. Its recommendations under Article 6 of Regulation (EU) No 1176/2011 are reflected in recommendations (1), (3) and (4) below,

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

               1.

               Following the correction of the excessive deficit, achieve an annual fiscal adjustment of 0,6 % of GDP towards the medium-term budgetary objective in 2016 and in 2017. Set a medium-term budgetary objective that respects the requirements of the Stability and Growth Pact. Strengthen the fiscal framework by appointing an independent fiscal council and amending the Public Finance Act. Complete and implement the reform of the long-term care and healthcare systems, making them more cost-efficient to ensure long-term sustainability of accessible and quality care. By the end of 2017, adopt the necessary measures to ensure the long-term sustainability and adequacy of the pension system.

               2.

               In consultation with social partners, increase the employability of low-skilled and older workers, including through targeted lifelong learning and activation measures.

               3.

               Improve the financing conditions for creditworthy business, including by facilitating durable resolution of non-performing loans and access to alternative financing sources. Ensure the proper implementation of the bank asset management company strategy.

               4.

               Take measures to modernise public administration and reduce the administrative burden on business. Improve the governance and the performance of state-owned enterprises.

      Done at Brussels, 12 July 2016.

            For the Council

            The President

         P. KAŽIMÍR

      (1)  OJ L 209, 2.8.1997, p. 1.

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

      (3)  OJ C 96, 11.3.2016, p. 1.

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

      (5)  The structural balance as recalculated by the Commission based on the information in the Stability Programme, following the commonly agreed methodology.

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


Avis juridique important

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32004H0358

Commission Recommendation of 7 April 2004 on the use of a common European format for licence documents issued in accordance with Council Directive 95/18/EC on the licensing of railway undertakings (notified under document number C(2004) 1279)

Official Journal L 113 , 20/04/2004 P. 0037 - 0044

Commission Recommendationof 7 April 2004on the use of a common European format for licence documents issued in accordance with Council Directive 95/18/EC on the licensing of railway undertakings(notified under document number C(2004) 1279)(2004/358/EC)THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community, and in particular Article 211, second indent, thereof,Whereas:(1) Article 4 of Council Directive 95/18/EC of 19 June 1995 on the licensing of railway undertakings(1), as amended by Directive 2001/13/EC of the European Parliament and of the Council of 26 February 2001(2), states that a licence shall be valid throughout the territory of the Community and Article 11(8) obliges Member States to inform the Commission of licences that have been issued, suspended, revoked or amended and the Commission to inform the other Member States forthwith. A common format for the licence document and communications on licences would therefore facilitate the work of the Member States and of the Commission and would provide easier access to information on licences by all interested parties, in particular the licensing authorities and the infrastructure managers.(2) Directive 2001/13/EC extends the obligation on Member States to grant railway licences from railway undertakings providing services according to Article 10 of Council Directive 91/440/EEC of 29 July 1991 on the development of the Community's railways(3), as amended by Directive 2001/12/EC of the European Parliament and Council(4), to all relevant railway undertakings. The railway licence will hereafter consequently become more widely recognised and used within the Community.(3) Directive 2001/12/EC provides access for licensed railway undertakings to the Trans-European Rail Freight Network for the purpose of operating international freight services as from 15 March 2003 and to the entire rail network as from 15 March 2008. Member States will increasingly exchange information on licences and carry out checks that railway undertakings exercising these access rights have a valid licence and there is therefore a need to standardise the licence document and information on licences and make them more easily available.(4) The railway licences issued by the provisions of Directives 95/18/EC and 2001/13/EC are valid also in the European Economic Area through Decision No 118/2001 of the EEA Joint Committee of 28 September 2001 amending Annex XIII to the EEA Agreement(5). Licences issued in the European Economic Area are equally valid in the Community through the same Decision.(5) All necessary information that confirms that an identified railway undertaking has been duly licensed for a certain type of rail transport services can be contained within a one-page standardised document. The standard format for the licence document would facilitate publication of all relevant information on licences on the website of the Commission. The standard format could be modified in the future depending on experience of its use and the development of the needs for further information on licences.(6) However, the requirements of Article 9 of Directive 95/18/EC on insurance, or equivalent arrangements for cover for liability, can vary between Member States depending on national law and therefore proof that the railway undertaking meets these national requirements should be provided for by an annex to the licence document. In case the legal requirements on financial cover for liability make it necessary a separate annex should be added for each of the Member States where access rights are exercised by the licensed railway undertaking.(7) In addition to the requirements of Directive 95/18/EC a Member State may impose national legal and regulatory provisions on railway undertakings, as described in Article 12 of Directive 95/18/EC. These provisions may be referred to in the licensing document, but should not be required to be communicated to the Commission in connection with the standard licence document. It should, however, be noticed in that document that they exist and they should be available on request by the Commission.(8) The provisions of this recommendation have been submitted to The Developing European Railways Committee established by Article 11a of Directive 91/440/EEC and by Article 35 of Directive 2001/14/EC of the European Parliament and of the Council of 26 February 2001 on the allocation of railway infrastructure capacity and the levying of charges for the use of railway infrastructure and safety certification(6), as amended by Commission Decision 2002/844/EC(7). The Committee has given a positive opinion on the recommendation.(9) Where Member States, in applying the requirements of Directive 95/18/EC, establish rules on the format of railway licences, this should be based on the standard format(10) The licensing authority of the Member State communicates information on the issuing, suspension, revocation and amendment of rail licences to the railway undertaking concerned and the European Commission using the standard format for the licence document.HEREBY RECOMMENDS:1. Licence documents issued in accordance with Directive 95/18/EC should use the standard format set out in Annex I to this Recommendation.A document should be issued in the case a particular licence is amended, suspended, revoked or replaced by a temporary licence and should be presented in the standard format.2. The proof that a licensed railway undertaking complies with national requirements concerning insurance or has made equivalent arrangements for cover for its liabilities should be set out in an annex to the licence document, using the standard format laid down in Annex II to this Recommendation.3. This Recommendation is addressed to the Member States.Done at Brussels, 7 April 2004.For the CommissionLoyola De PalacioVice-President(1) OJ L 143, 27.6.1995, p. 70.(2) OJ L 75, 15.3.2001, p. 26.(3) OJ L 237, 24.8.1991, p. 25.(4) OJ L 75, 15.3.2001, p. 1.(5) OJ L 322, 6.12.2001, p. 32.(6) OJ L 75, 15.3.2001, p. 29.(7) OJ L 289, 26.10.2002, p. 30.ANNEX IStandard format for railway licenceThe standard format for the railway licence document and the explanations and instructions that are necessary for the user of the form are laid out on the following pages.>PIC FILE= "L_2004113EN.004001.TIF">>PIC FILE= "L_2004113EN.004101.TIF">ANNEX IIStandard format for insurance annex to railway licenceThe standard format for the annex to the railway licence document and the explanations and instructions that are necessary for the user of the form are laid out on the following pages.>PIC FILE= "L_2004113EN.004301.TIF">>PIC FILE= "L_2004113EN.004401.TIF">


Avis juridique important

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32002H0201

Commission Recommendation of 4 March 2002 on the reduction of the presence of dioxins, furans and PCBs in feedingstuffs and foodstuffs (Text with EEA relevance) (notified under document number C(2002) 836)

Official Journal L 067 , 09/03/2002 P. 0069 - 0073

Commission Recommendationof 4 March 2002on the reduction of the presence of dioxins, furans and PCBs in feedingstuffs and foodstuffs(notified under document number C(2002) 836)(Text with EEA relevance)(2002/201/EC)THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community, and in particular the second indent of Article 211 thereof,Whereas:(1) For the time being, the acceptable levels of dioxins in feedingstuffs and foodstuffs must be assessed in the light of current background levels. The maximum levels, established for feedingstuffs by Council Directive 1999/29/EC of 22 April 1999 on the undesirable substances and products in animal nutrition(1), as last amended by Directive 2001/102/EC(2), and for foodstuffs by Commission Regulation (EC) No 466/2001 of 8 March 2001 setting maximum levels for certain contaminants in foodstuffs(3), as amended by Council Regulation (EC) No 2375/2001(4), are fixed at a strict but feasible level, while taking account of background contamination. These maximum levels should prevent unacceptably high exposure levels among animals and the human population and the distribution of feedingstuffs and foodstuffs with an unacceptably high contamination.(2) On 30 May 2001 the Scientific Committee on Food (SCF) adopted an opinion on the Risk Assessment of Dioxins and Dioxin-like PCBs in Food; based on new scientific information which had become available since the adoption of the SCF opinion on this matter on 22 November 2000. The SCF fixed a tolerable weekly intake (TWI) for dioxins and dioxin-like PCBs of 14 pg World Health Organisation (WHO)-toxic equivalent (TEQ)/kg bodyweight. Exposure estimates indicate that a considerable proportion of the Community population has a dietary intake in excess of the tolerable intake.(3) The reduction of human exposure to dioxins through food consumption is therefore important and necessary to ensure consumer protection. More than 90 % of human dioxin exposure derives from food. Food of animal origin normally contributes about 80 % of overall exposure. The dioxin burden in animals derives mainly from feedingstuffs. As food contamination is directly related to feed contamination, an integrated approach should be followed to reduce dioxin incidence throughout the food chain, that is, from feed materials through food-producing animals to humans.(4) Measures should be implemented with the aim of further reducing the presence and release of dioxin contamination in order to limit the impact of environmental pollution on the contamination of feedingstuffs and foodstuffs. On 24 October 2001 the Commission adopted a Communication to the Council, the European Parliament and the Economic and Social Committee on a Community strategy for dioxins, furans and polychlorinated biphenyls (COM(2001) 593 final)(5). The strategy focuses on current and future measures to reduce the release of dioxins and PCBs into the environment.(5) Measures based solely on establishing maximum levels for dioxins and dioxin-like PCBs in feedingstuffs and foodstuffs would not be sufficiently effective in reducing the level of contamination in feedingstuffs and foodstuffs unless the levels were to be set so low that a large part of the feed and food supply was declared unfit for animal or human consumption. It is generally recognised that, in order to actively reduce the presence of dioxins in feedingstuffs and foodstuffs, maximum levels should be accompanied by measures stimulating a pro-active approach, including the setting of action levels and target levels for feedingstuffs and foodstuffs in combination with measures to limit emissions. 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, not only in the event of non-compliance with the provisions of Directive 1999/29/EC or Regulation (EC) No 466/2001 but also where significant levels of dioxins above the normal background level are found in feedingstuffs and foodstuffs. This approach should result in a gradual reduction of dioxin levels in feedingstuffs and foodstuffs and, ultimately, in the achievement of the target levels.(6) Although, from a toxicological point of view, any level should apply to dioxins, furans and dioxin-like PCBs, the maximum levels established in Directive 1999/29/EC and Regulation (EC) No 466/2001 are set only for dioxins and furans and not for dioxin-like PCBs, given the very limited data available on the prevalence of the latter. It is therefore necessary, in accordance with the recommendations of SCF and SCAN, to generate reliable data on the presence of dioxin-like PCBs in the widest possible range of feed materials, feedingstuffs and foodstuffs in order to obtain a reliable database in a relatively short period of time. This should allow a review of the maximum levels established by Directive 1999/29/EC and Regulation (EC) No 466/2001 and of the action levels set out in this Recommendation, with a view to including dioxin-like PCBs in the levels to be set.(7) The action levels should be reviewed by 31 December 2004 at the latest, once sufficient data on the presence of dioxin-like PCBs in feed materials, feedingstuffs and foodstuffs are available.(8) Alongside the review for the purpose of including dioxin-like PCBs, the action levels should be periodically adjusted in line with the downward trend in dioxin presence and the active approach pursued to gradually reduce their presence in feedingstuffs and foodstuffs.(9) The target levels indicate the contamination levels to be achieved in feed and food in order to ultimately bring human exposure for the majority of the population of the Community down to the TWI for dioxins and dioxin-like PCBs set by the SCF. They should be set in the light of more accurate information on the impact of environmental measures and the source directed measures at the level of feed and food on the reduction of the presence of dioxins and dioxin-like PCBs in the different feed materials, feedingstuffs and foodstuffs. The target levels should be set by 31 December 2004, when more information will be, available and when the action levels are first revised with a view to the inclusion of dioxin-like PCBs.(10) It is of major importance that monitoring of all feed materials, feedingstuffs and foodstuffs is performed uniformly across the Community. Therefore detailed guidelines for the monitoring of dioxins and dioxin-like PCBs should established within the framework of the Standing Committee for Feedingstuffs, for feedingstuffs, and the Standing Committee for Foodstuffs, for foodstuffs. These guidelines contain, inter alia, provisions concerning the minimum frequency of controls to be performed by each Member State, the feed materials, feedingstuffs and foodstuffs to be monitored and the way of reporting the results,HEREBY RECOMMENDS:1. That Member 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 in feed materials, feedingstuffs and foodstuffs. This monitoring should be carried out in accordance with the guidelines and frequency established by the Standing Committee on Feedingstuffs for feedingstuffs and by the Standing Committee for Foodstuffs for foodstuffs.2. That in cases of non-compliance with the provisions of Directive 1999/29/EC and Regulation (EC) No 466/2001, and (subject to point 3) in cases where levels of dioxins in excess of the action levels specified in Annexes I and II are found, Member States, in cooperation with operators,(a) initiate investigations to identify the source of contamination;(b) check for the presence of dioxin-like PCBs;(c) take measures to reduce or eliminate the source of contamination.3. That Member States in which background levels of dioxin 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 Member States inform the Commission and the other Member States of their findings, the results of their investigations and the measures taken to reduce or eliminate the source of contamination.5. That Member States transmit the information referred to in point 4 by 31 December each year at the latest for foodstuffs and as part of the annual report to be submitted to the Commission pursuant to Article 22(2) of Council Directive 95/53/EC(6), as last amended by Directive 2001/46/EC of the European Parliament and of the Council(7), for feedingstuffs, except where the information is of immediate relevance for the other Member States in which case it should be transmitted immediately.Done at Brussels, 4 March 2002.For the CommissionDavid ByrneMember of the Commission(1) OJ L 115, 4.5.1999, p. 32.(2) OJ L 6, 10.1.2002, p. 45.(3) OJ L 77, 16.3.2001, p. 1.(4) OJ L 321, 6.12.2001, p. 1.(5) OJ C 322, 17.11.2001, p. 2.(6) OJ L 265, 8.11.1995, p. 17.(7) OJ L 234, 2.9.2001, p. 55.ANNEX IDioxin (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))>TABLE>ANNEX IIDioxin (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)>TABLE>


title: Council Recommendation (EU) 2016/213 of 12 February 2016 concerning the discharge to be given to the Commission in respect of the implementation of the operations of the European Development Fund (11th EDF) for the financial year 2014

text:
               16.2.2016

               EN

               Official Journal of the European Union

               L 39/62

         COUNCIL RECOMMENDATION (EU) 2016/213
   of 12 February 2016
   concerning the discharge to be given to the Commission in respect of the implementation of the operations of the European Development Fund (11th EDF) for the financial year 2014
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to the Partnership Agreement between the members of the African, Caribbean and Pacific Group of States of the one part, and the European Community and its Member States, of the other part, signed in Cotonou on 23 June 2000 (1), as last amended,
   Having regard to the Internal Agreement between the Representatives of the Governments of the Member States of the European Union, meeting within the Council, on the financing of European Union aid under the multiannual financial framework for the period 2014 to 2020, in accordance with the ACP-EU Partnership Agreement, and on the allocation of financial assistance for the Overseas Countries and Territories to which Part Four of the Treaty on the Functioning of the European Union applies (2) (the ‘Internal Agreement’) setting up, amongst others, the 11th European Development Fund (11th EDF), and in particular Article 11(7) thereof,
   Having regard to Council Regulation (EU) 2015/323 of 2 March 2015 on the Financial Regulation applicable to the 11th European Development Fund (3), and in particular Articles 43 to 45 thereof,
   Having examined the revenue and expenditure account and the balance sheet relating to the operations of the 11th EDF as at 31 December 2014 and the Annual Report of the Court of Auditors on the activities funded by the 8th, 9th, 10th and 11th European Development Funds (EDFs) concerning the financial year 2014, together with the Commission's replies contained in that Annual Report (4),
   Whereas:

               (1)

               Pursuant to Article 11(7) of the Internal Agreement, the discharge for the financial management of the 11th EDF is to be given to the Commission by the European Parliament on the recommendation of the Council.

               (2)

               The overall implementation by the Commission of the operations of the 11th EDF during the financial year 2014 has been satisfactory,

         HEREBY RECOMMENDS that the European Parliament give the Commission a discharge in respect of the implementation of the operations of the 11th EDF for the financial year 2014.

      Done at Brussels, 12 February 2016.

            For the Council

            The President

         J.R.V.A. DIJSSELBLOEM

      (1)  OJ L 317, 15.12.2000, p. 3.

      (2)  OJ L 210, 6.8.2013, p. 1.

      (3)  OJ L 58, 3.3.2015, p. 17.

      (4)  OJ C 373, 10.11.2015, p. 289.


Avis juridique important

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52004SC0835

Recommendation for a Council Decision on the existence of an excessive deficit in Slovakia  /* SEC/2004/0835 final */

Recommendation for a COUNCIL DECISION on the existence of an excessive deficit in Slovakia(presented by the Commission)EXPLANATORY MEMORANDUMOn 7 April 2004, the Commission published its Spring 2004 forecasts [1]. According to these forecasts, which took into consideration data reported by Slovakia in March 2004, the general government deficit in Slovakia decreased from 5.7% of GDP in 2002 to 3.6% of GDP in 2003, thus exceeding the 3% of GDP Treaty reference value.[1]  The Commission Spring 2004 forecast is available at the following website:  http://europa.eu.int/comm/economy_finance/publications/european_economy/2004/ee204en.pdf.Based on this prima facie evidence, the Commission initiated the excessive deficit procedure for Slovakia on 12 May 2004, with the adoption of the report foreseen in Article 104(3) of the Treaty [2]. On 14 May 2004, the Commission received the convergence programme of Slovakia, which confirmed a deficit figure of 3.6% of GDP for 2003.[2]  The full text of this report is available at the following website: http://europa.eu.int/comm/economy_finance/about/activities/sgp/procedures_en.htm.The application of the excessive deficit procedure (EDP) is governed by Article 104 of the Treaty and by Council Regulation (EC) No 1467/97 "on speeding up and clarifying the implementation of the excessive deficit procedure", which is part of the Stability and Growth Pact [3]. Countries that joined the EU on 1 May 2004 are Member States with a derogation and are to avoid excessive deficits, but sanctions according to Article 104 (9) and (11) cannot be imposed on them.[3]  OJ L 209, 2.8.1997The Commission report according to Article 104(3) of the Treaty concluded that the excess of the Slovak deficit in 2003 over the 3% of GDP Treaty reference value did not result from an unusual event outside the control of the Slovak authorities, nor was it the result of a severe economic downturn in the sense of the Stability and Growth Pact, as real GDP growth reached 4.2% in 2003. Concerning developments in 2004, the report concluded that the general government deficit was likely to increase and remain above 3% of GDP. In particular, the Commission Spring 2004 forecast is for a general government deficit of 4.1% of GDP in 2004, which is close to the 4.0% of GDP projected by the Slovak authorities in the convergence programme.Based on the Commission Spring 2004 forecasts, the Commission report also concluded that the debt-to-GDP ratio, which had reached 42.8% of GDP in 2003, would remain below the 60% reference value of the Treaty in 2004. In particular, the Commission Spring 2004 forecast projects the debt ratio to reach 45.1% of GDP in 2004, which is equal to the 45.1% of GDP projected by the Slovak authorities in the convergence programme.Article 104(4) of the Treaty states that "the Committee provided for in Article 114 (i.e. the Economic and Financial Committee) has to formulate an opinion on the report of the Commission". The Committee issued its opinion on 24 May 2004, subscribing to the assessment made by the Commission in its report. In particular, the Committee concluded that the budgetary situation in Slovakia indicated the existence of an excessive deficit under the first of the two criteria foreseen by Article 104(2) for the identification of such deficits. Consideration of other relevant factors, in particular the medium-term budgetary position and the public investment ratio did not change the assessment based on the criteria themselves. The Committee also expected the general government deficit to remain well above the Treaty reference value in 2004, and that general government gross debt would remain below the Treaty reference value of 60% of GDP in 2004.The Commission, having examined the relevant factors taken into account in its report and having regard to the opinion of the Committee, is of the opinion that an excessive deficit exists in Slovakia. This opinion, adopted by the Commission on 24 June 2004, has been addressed to the Council, according to Article 104(5) of the Treaty. The Commission recommends that the Council shall decide accordingly, in conformity with Article 104(6) and herewith addresses a recommendation for a decision to that effect. In addition, the Commission is submitting to the Council a recommendation for a Council recommendation to be addressed to Slovakia with a view to bringing the situation of an excessive deficit to an end, according to Article 104(7) of the Treaty.Recommendation for a COUNCIL DECISION on the existence of an excessive deficit in SlovakiaTHE COUNCIL OF THE EUROPEAN UNIONHaving regard to the Treaty establishing the European Community, and in particular Article 104(6) thereof,Having regard to the recommendation from the Commission,Having regard to the observations made by Slovakia,Whereas:(1) According to Article 104 of the Treaty Member States are to avoid excessive government deficits; this applies also to Member States with a derogation, the case of all countries that joined the EU on 1 May 2004;(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) The excessive deficit procedure under Article 104 provides for a decision on the existence of an excessive deficit and the Protocol on the excessive deficit procedure annexed to the Treaty sets out further provisions relating to the implementation of the excessive deficit procedure. Council Regulation (EC) No 3605/93 [4], amended by Council Regulation (EC) No 475/2000 [5] and by Commission Regulation (EC) No 351/2002 [6], lays down detailed rules and definitions for the application of the provision of the said Protocol;[4]  OJ L 332, 31.12.1993, p. 7.[5]  OJ L 58, 3.3.2000, p. 1.[6]  OJ L 55, 26.2.2002, p. 23.(4) Article 104(5) of the Treaty requires the Commission to address an opinion to the Council if the Commission considers that an excessive deficit in a Member State exists or may occur. Having examined all relevant factors taken into account in its report in accordance with Article 104(3) and having regard to the opinion of the Economic and Financial Committee in accordance with Article 104(4), the Commission concluded in its opinion of 24 June 2004 that there exists an excessive deficit in Slovakia;(5) Article 104(6) of the Treaty lays down that the Council should consider any observations which the Member State concerned may wish to make before deciding, after an overall assessment, whether an excessive deficit exists;(6) The overall assessment leads to the following conclusions. The general government deficit reached 3.6% of GDP in 2003 in Slovakia, above the 3% of GDP Treaty reference value. The excess of the general government deficit over the reference value did not result from an unusual event outside the control of the Slovak authorities, nor was it the result of a severe economic downturn, in the sense of the Stability and Growth Pact. The general government deficit is likely to remain above 3% of GDP in 2004. In particular, according to the Commission Spring 2004 forecast, the deficit is projected to reach 4.1% of GDP in 2004, while the convergence programme of Slovakia expects a deficit of 4.0% of GDP. The debt ratio, which was 42.8% in 2003, is likely to remain below the 60% of GDP Treaty reference value in 2004.HAS ADOPTED THIS DECISON:Article 1From an overall assessment it follows that an excessive deficit exists in Slovakia.Article 2This decision is addressed to the Slovak Republic.Done at Brussels, [5 July] 2004.For the CouncilThe President[...]


Avis juridique important

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31992H0443

92/443/EEC: Council recommendation of 27 July 1992 concerning the promotion of participation by employed persons in profits and enterprise results (including equity participation)

Official Journal L 245 , 26/08/1992 P. 0053 - 0055

COUNCIL RECOMMENDATION of 27 July 1992 concerning the promotion of participation by employed persons in profits and enterprise results (including equity participation) (92/443/EEC)THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Article 235 thereof,  Having regard to the proposal from the Commission (1),  Having regard to the opinion of the European Parliament (2),  Having regard to the opinion of the Economic and Social Committee (3),  Whereas in its communication concerning the Action Programme relating to the implementation of the Community Charter of the Fundamental Social Rights of Workers the Commission announced its intention to submit a Community instrument on equity sharing  and financial participation by employed persons;  Whereas a report on the promotion of participation by employed persons in profits and enterprise results in the Member States has been prepared; whereas this report has established that there is a great variety in the types of scheme encountered in the  Community, including cash payments, share-based and deferred profit-sharing schemes and various types of particular share-ownership schemes for exmployed persons;  Whereas encouragement of financial participation in enterprises by employed persons, without discrimination on grounds of sex or nationality, may be seen as a means of achieving a wider distribution of the wealth generated by enterprises which the  employed persons have helped to produce; whereas, furthermore, the promotion of enterprise schemes for the financial participation of employed persons in enterprises encourages in particular greater involvement of employed persons in the progress of  their companies;  Whereas, while the body of empirical research into the effects of such schemes in practice does not yet provide overwhelming evidence of strong overall advantages, there are sufficient indications that such schemes produce a number of positive effects,  particularly on the motivation and productivity of employed persons and on the competitiveness of enterprises;  Whereas it is appropriate to promote a wider spread of financial participation schemes within the Community, without seeking active harmonization or a reduction in the existing wide range of available schemes;  Whereas account should be taken of the important role and the extensive responsibilities of management and labour in this area; whereas the interest and active involvement of management and labour in this Community initiative are a pre-condition for its  ultimate success;  Whereas the present action appears necessary to attain, in the course of the operation of the common market, one of the objectives of the Community.  I. HEREBY INVITES THE MEMBER STATES:  1. to acknowledge the potential benefits of a wider use, individually or collectively, of a broad variety of schemes to increase the participation of employed persons in profits and enterprise results by means of profit-sharing, employee share-ownership  or a combination of both;  2. to take account of the role and the responsibility of management and labour in this context, in accordance with national law and/or practice;  II. HEREBY RECOMMENDS THE MEMBER STATES TO:  1. ensure that legal structures are adequate to allow the introduction of the financial participation schemes referred to in this recommendation;  2. consider the possibility of according incentives such as fiscal or other financial advantages to encourage the introduction of certain schemes;  3. encourage the use of such schemes by facilitating the supply of adequate information to all relevant parties;  4. take account of experience gained in other Member States when deciding on which participation schemes to promote;  5. ensure that in the context of the laws, regulations and practice possibly existing in the Member States the parties concerned have a wide range of options or arrangements available, the implementation of which would, when suitable, be the subject of  consultations between employers and employed persons or their representatives;  6. ensure that this choice can be made at a level which, taking account of national collective bargaining legislation and/or practices, is as close as possible to the employed person and the enterprise;  7. contemplate and/or encourage consideration of the points set out in the Annex when new financial participation schemes are being prepared or when existing schemes are being reviewed;  8. examine, after a period of three years following the adoption of this recommendation, the data available at a national level on the development of financial participation by employed persons and to communicate the results to the Commission;  9. enhance management and labour's awareness of the above matters;  III. NOTES THAT THE COMMISSION INTENDS:  to submit a report to the European Parliament, the Council and the Economic and Social Commitee on the application of this recommendation within four years of its adoption, on the basis of the information supplied to it by the Member States.  Done at Brussels, 27 July 1992.  For the Council The President N. LAMONT (1) OJ No C 245, 20. 9. 1991, p. 12 and OJ No C 140, 3. 6. 1992, p. 5.(2) OJ No C 125, 18. 5. 1992, p. 241.(3) OJ No C 18, 21. 4. 1992, p. 40.   ANNEX   POINTS REFERRED TO IN SECTION II, POINT 7  1. Regularity: the application of participation schemes on a regular basis and the granting of 'bonuses' at least once a year.  2. Pre-determined formula: the definition, in a clear way and before the beginning of each reference period, of the formula for calculating the amounts allocated to employed persons.  3. Maintaining wage negotiations: the existence of financial participation schemes should not stand in the way of normal negotiations dealing with wages and conditions of employment or of setting wages and working conditions through such negotations.  The question of the agreement on new provisions in the field of the financial participation of employed persons may be taken up in the normal negotiations dealing with wage-setting and working conditions, without replacing them.  4. Voluntary participation: the opportunity for both enterprises and employed persons to express a choice, within the framework of any laws, regulations or agreements which may exist in the Member States, on the adoption of a participation scheme or on  the financial participation scheme or arrangements in which they wish to participate.  5. Calculation of amounts allocated to employed persons: the amount of bonuses should not generally be fixed in advance, but determined on the basis of a pre-determined formula reflecting the enterprise's performance during a certain period (expressed  in terms of profits or any other indicator) the performance measure(s) chosen to measure the performances being clearly specified.  6. Amounts: the formula for calculating bonuses should be such that it will produce the expected incentive, although it should not exceed a specific ceiling (in relative or absolute terms) in order to avoid wide fluctuations in income.  7. Risks: employees should be made aware of the risks inherent in financial participation schemes; apart from the risks of income fluctation inherent in participation schemes, employed persons may be exposed to additional risk if their participation  takes the form of investments that are relatively undiversified; in this context, the possibility of providing for mechanisms to protect against the risk of depreciation in the value of assets merits consideration.  8. Beneficiaries: beneficiaries are primarily employed persons, i.e. wage-earners covered by employment contracts; as far as possible, access to participation schemes should be open to all persons employed by the enterprise.  More generally, workers in similar objective situations should have equal rights with regard to access to participation schemes.  9. Enterprise type: participation schemes may be instituted by both privately-owned firms and public enterprises, as long as suitable indicators of enterprise results or profits are, or can be, made available.  10. Size of enterprises:  (a) small and medium-sized enterprises should have adequate opportunities to be able to implement financial participation schemes; in particular, it is important to ensure that administrative constraints are few in number and that, if needed at all,  minimum financial requirements are not too high;  (b) in larger enterprises, especially multinational companies, it may be useful to link all or part of employee benefits to the performance of a separate profit unit rather than to overall enterprise results;  (c) the size of enterprises may also affect the choice of the most appropriate scheme.  11. Complexity: complex participation schemes should be avoided.  12. Information and training: to ensure the success of any type of participation scheme, substantial efforts will be required to provide relevant information and, if need be, training for all employed persons concerned.


				|

		52015PC0099

			Recommendation for a COUNCIL RECOMMENDATION On broad guidelines for the economic policies of the Member States and of the Union /* COM/2015/099 final - 2015/ () */

			   	EXPLANATORY MEMORANDUM
The Treaty on the
Functioning of the European Union provides that Member States are to regard
their economic policies and promoting employment as a matter of common concern
and shall coordinate their action within the Council. In two distinct articles,
it provides that the Council is to adopt broad economic policy guidelines
(Article 121) and employment guidelines (Article 148), specifying that the
latter must be consistent with the former. Given this legal basis, the
guidelines for employment and economic policies are presented as two distinct –
but intrinsically interconnected – legal instruments:
·
A Council Recommendation on broad guidelines for
the economic policies of the Member States and of the Union – Part I of the
Integrated Guidelines;
·
A Council Decision on guidelines for the
employment policies of the Member States – Part II of the Integrated
Guidelines.
The guidelines were first
adopted together (‘integrated package’) in 2010, underpinning the Europe 2020
strategy. It was also decided in 2010 that the integrated guidelines should
remain largely stable until 2014. Whilst the broad economic policy guidelines
remain valid for any duration of time, the employment guidelines
need to be drawn up each year.
The guidelines, other than
framing the scope and direction for Member States’ policy coordination, also
provide the basis for country specific recommendations in the respective
domains.
The current set of
'integrated guidelines' are to underpin the Europe 2020 strategy within the
context of the new approach to economic policy making built on investment,
structural reform and fiscal responsibility as set out in the Commission's 2015
Annual Growth Survey. At the same time, the integrated guidelines are to
support the achievement of smart, sustainable and inclusive growth and the aims
of the European Semester of economic policy coordination.
The "Integrated Guidelines"
are the following:
Guideline 1:    Boosting investment
Guideline 2:    Enhancing growth by the
implementation of structural reforms
Guideline 3:    Removing key barriers to
growth and jobs at EU level
Guideline 4:    Improving the
sustainability and growth-friendliness of public finances
Guideline 5:    Boosting demand for labour
Guideline 6:    Enhancing labour supply and
skills
Guideline 7:    Enhancing the functioning
of labour markets
Guideline 8:    Ensuring fairness,
combatting poverty and promoting equal opportunities
Recommendation for a
COUNCIL RECOMMENDATION
On broad guidelines for the economic
policies of the Member States and of the Union
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the
Functioning of the European Union, and in particular Article 121(2) thereof,
Having regard to the recommendation from
the European Commission,
Having regard to the conclusions of the
European Council,
Whereas:
(1) Member States should regard their
economic policies as a matter of common concern and coordinate them within the
Council. Employment guidelines and broad economic policy guidelines should be
adopted by the Council to guide Member States’ and Union policies.
(2) In accordance with the Treaty
provisions, the Union has developed and implemented policy coordination
instruments for fiscal policy and macro-structural policies. The European
Semester combines the different instruments in an overarching framework for
integrated multilateral economic and budgetary surveillance. The streamlining
and strengthening of the European Semester as set out in the Commission's 2015
Annual Growth Survey will further improve its functioning.
(3) The financial and economic crisis
revealed and emphasised important weaknesses in the economy of the Union and
its Member States. It has also underscored the close interdependence of the
Member States' economies and labour markets. Moving the Union to a state of
strong, sustainable and inclusive growth and job creation is the key challenge
faced today. This requires coordinated and ambitious policy action both on
Union and national level, in line with the provisions of the Treaty and the Union
economic governance. Combining supply and demand side measures, these actions
should encompass a boost to investment, a renewed commitment to structural
reforms and exercising fiscal responsibility.
(4) Member States and the Union should also
address the social impact of the crisis and aim at building a cohesive society
in which people are empowered to anticipate and manage change, and can actively
participate in society and the economy. Access and opportunities for all should
be ensured and poverty and social exclusion reduced, in particular by ensuring
an effective functioning of labour markets and social welfare systems and
removing barriers to labour market participation. Member States should also make sure that the benefits of economic growth reach all
citizens and all regions.
(5) Action in line with the guidelines is
an important contribution to reaching the goals of the Europe 2020 strategy.
The guidelines constitute an integrated set of European and national policies,
which Member States and the Union should implement in order to achieve the
positive spill-over effects of coordinated structural reforms, an appropriate
overall economic policy mix and a more consistent contribution from European
policies to the Europe 2020 strategy’s objectives.
(6) While these guidelines are addressed to
Member States and the Union, they should be implemented in partnership with all
national, regional and local authorities, closely associating parliaments, as
well as social partners and representatives of civil society.
(7) The broad guidelines for economic
policies give guidance to the Member States on implementing reforms, reflecting
interdependence. They are in line with the Stability and Growth Pact. The
guidelines should form the basis for country-specific recommendations that the
Council may address to the Member States.
HAS ADOPTED THIS RECOMMENDATION:
(1) Member States and, where relevant, the
Union should take into account in their economic policies the guidelines set
out in the Annex. These guidelines shall form part of the ‘integrated
guidelines’.
Done at Brussels,
                                                                       For
the Council
                                                                       The
President
ANNEX
Broad Guidelines for the economic policies of the Member States and
of the Union
Part I of the Integrated Guidelines
Guideline 1: Boosting investment
Increasing the level of productive
investment in Europe is key to boost demand and improve competitiveness and
long term growth potential in Europe. Efforts should focus on mobilising
finance for investment, making finance reach the real economy and improving the
investment environment.
The potential of EU funds, including the
European Fund for Strategic Investment and structural funds, and national funds
to finance growth enhancing investments in key areas should be fully exploited.
The result-oriented management of funds as well as increasing the use of
innovative financial instruments are crucial elements in this regard.
Making finance reach the real economy calls
for increasing transparency and information provision, in particular through
the implementation of an European investment advisory hub under the auspices of
the European Investment Bank and the establishment of a transparent pipeline of
projects, both at European and national level. Close co-operation with all
relevant stakeholders is key, in order to ensure smooth carrying out of
operations, adequate risk taking and maximum value added.
Macroeconomic and financial stability, as
well as regulatory predictability and openness and transparency of its
financial sector, are critical elements for keeping the Union an attractive
host for foreign financial investment.
Guideline
2:   Enhancing growth by the Member States implementation of
structural reforms
Ambitious implementation of structural
reforms by the Member States in both product and labour markets and social
welfare systems is crucial to strengthen and sustain the economic recovery, correct
harmful macro-economic imbalances and unleash the potential of the Union
economies. This would also help in achieving economic and social cohesion.
Competition-enhancing reforms, notably in the non-tradable sector, a better
functioning of the labour markets, and an improved business environment
contribute to removing obstacles to growth and investment and increasing the
adjustment capacity of the economy. Member States should coordinate closely
such reforms and regard their economic policies as a matter of common concern
in order to maximise positive spillovers and minimise negative ones.
Labour market and social system reforms
need to be pursued to promote growth and employment, while ensuring access for
all to high quality, affordable and sustainable social services and benefits. Action in the area of labour market reforms, including wage setting
mechanisms, should be pursued in line with the more detailed guidance in the
employment guidelines[1].
Actions on legal migration should make the Union an attractive destination for
talent and skills.
Reforming and further integrating product
markets should be continued to ensure that Union consumers and business benefit
from lower prices and a wider choice of goods and services. Better-integrated
markets give companies access to a substantially larger market than their own
domestic market, thus providing them with more opportunities for expansion.
More competitive and better-integrated product markets can also help increase
the speed of adjustment and resilience to economic shocks.
Efforts should continue to streamline the
regulatory environment in which enterprises operate, and should include
modernisation of public administration, greater transparency, the fight against
corruption, tax evasion and undeclared work, the improvement of the
independence, quality and efficiency of judicial systems, alongside with
contract enforcement and well-functioning insolvency frameworks.
Information and communication technologies
and the digital economy are important drivers of productivity, innovation and
growth in all sectors of the economy. Promoting private investment in research
and innovation should be accompanied by in-depth reforms to modernise the
research and innovation systems, to enhance cooperation between public institutions
and the private sector and to improve the broader framework conditions for
companies to become more knowledge-intensive. Raising the quality of public
investments in research and innovation will continue improving the quality of
public finances.
Guideline 3: Removing key barriers to
growth and jobs at Union level
Further integrating the Single Market, increasing competition and improving the business environment is key
to keep Europe an attractive location for businesses both domestic and foreign.
To move Europe's productivity frontier, it is necessary to increase
innovation and human capital and to ensure an integrated well-functioning
Digital Single Market. Increasing the uptake of information and communication
technologies by both consumers and business can contribute to creating a
borderless digital Europe and increasing productivity.
A well-functioning financial sector is key
to a smooth functioning of the economy. The strengthened regulatory and supervisory provisions and consumer protection in the
area of financial markets and financial institutions should be fully
implemented. Measures need to be taken to build a sustainable  market for
securitisation in Europe, which will improve the effective funding capacity of
Union banks. Building on the achievements of the single market for financial
services and capital, a genuine Capital Markets Union needs to be established.
Delivering a strong Energy Union should
ensure affordable, secure and sustainable energy for businesses and households.
Implementation of the 2030 climate and energy framework and transition to a
resource efficient low carbon economy should be pursued including demand and
supply side reforms. In this regard, the energy and transport sector require
particular attention.
Union legislation should focus on those
issues that are best dealt with at European level, and designed taking into
account their economic, environmental and social impact. Creating a level playing field across the borders with greater
regulatory predictability and in full compliance with competition rules will
further attract investment. A better and more
predictable business environment is particularly important in network
industries characterised by long investment horizons and large-scale initial
investments. The external
dimension of the internal market should be further developed.
Guideline 4: Improving the
sustainability and growth-friendliness of public finances
Stable public finances are key for growth
and job creation. Fiscal sustainability is vital to secure investor confidence
and the fiscal space necessary to counter unexpected developments and maximise
the positive contribution of public finances to the economy. Member States
should secure long term control over the deficit and debt levels. Fiscal policies
must be conducted within the Union rules-based framework complemented by sound
national budgetary arrangements. Fiscal policies should reflect the economic
conditions and sustainability risks at Member State level, while ensuring a
good co-ordination of economic policies and a coherent fiscal stance across the
Union and the euro area, making use of fiscal space where available to support
growth and investment.
In designing and implementing budgetary
consolidation, strategies should prioritise growth-enhancing expenditure items
within areas such as education, skills and employability, research and
development and innovation and investment in networks with positive impacts on
productivity, for example high-speed Internet, energy and transport interconnections
and infrastructure. Expenditure reforms should target
efficiency gains in public administration;such reforms can be prepared notably
by spending reviews,with a view to secure long term sustainability.
Expenditure reforms that promote efficient
resource allocation to support growth and employment while preserving equity
should be complemented by modersnising revenue systems. Common consolidated
corporate tax base should be pursued. Reducing taxation on labour, while
ensuring budget neutrality by shifting it towards consumption taxes, recurrent
taxes on immovable property and environmental taxes can help correcting market
inefficiencies and lay foundations for a sustained rates of growth and job
creation.The efficiency of the tax system can be enhanced by broadening tax
bases, such as  removing or reducing the use and generosity of exemptions and
preferential regimes, and by strengthening the tax administration, simplifying
the tax system, and combatting tax fraud and aggressive tax planning.
[1]               Insert cross reference to EG


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32003H0670

Commission Recommendation of 19 September 2003 concerning the European schedule of occupational diseases (Text with EEA relevance) (notified under document number C(2003) 3297)

Official Journal L 238 , 25/09/2003 P. 0028 - 0034

Commission Recommendationof 19 September 2003concerning the European schedule of occupational diseases(notified under document number C(2003) 3297)(Text with EEA relevance)(2003/670/EC)THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community, and in particular Article 211 thereof,Whereas:(1) Commission Recommendation 90/326/EEC of 22 May 1990 concerning the adoption of a European schedule of occupational diseases(1) has largely been applied by the Member States, which have made a great effort in particular to comply with the provisions set out in Annex I to the Recommendation, as mentioned in the 1996 Communication from the Commission(2) concerning the European schedule of occupational diseases.(2) During the time since Recommendation 90/326/EEC was issued, scientific and technical progress has led to a greater understanding of how certain occupational diseases emerge and of the causal relationships involved. The resulting changes should therefore be incorporated into a new recommendation, the European schedule of occupational diseases and the additional list.(3) The experience acquired since 1990 by monitoring Recommendation 90/326/EEC in the Member States has highlighted various aspects which could be improved in order to attain more fully the Recommendation's objectives, particularly in relation to prevention and to the collection and comparability of data.(4) The Communication from the Commission entitled "Adapting to change in work and society: a new Community strategy on health and safety at work 2002-2006"(3) attaches particular importance to greater prevention of occupational diseases. This Recommendation must therefore be the principal instrument for prevention at Community level.(5) The abovementioned Communication stresses the importance of involving all players, in particular the public authorities and social partners, in order to encourage an improvement in health and safety at work within a framework of "good governance" based on universal participation, in accordance with the White Paper on European governance(4). Member States should therefore be called on actively to involve all players in developing measures for the effective prevention of occupational illnesses.(6) The Communication also mentions that quantified national objectives should be adopted with a view to reducing the rates of recognised occupational illnesses.(7) The Council Resolution of 3 June 2002 on a new Community strategy on health and safety at work (2002-2006)(5) calls on the Member States to develop and implement coordinated, coherent prevention policies, geared to national conditions, with measurable targets set in this context for reducing accidents at work and occupational illnesses, especially in those sectors of activity in which rates are above average.(8) The role of the European Agency for Safety and Health at Work, established by Council Regulation (EC) No 2062/94(6), is, inter alia, to supply the Community bodies and the Member States with the objective available technical, scientific and economic information they require to formulate and implement policies designed to protect the safety and health of workers and to collect and disseminate technical, scientific and economic information in the Member States. Accordingly, the Agency must also play an important part in the exchange of information, experience and best practice on the prevention of occupational illnesses.(9) National healthcare systems can play an important part in improving prevention of occupational illnesses, for example by raising awareness among medical staff with a view to improving knowledge and diagnosis of these illnesses,HEREBY RECOMMENDS:Article 1Without prejudice to more favourable national laws or regulations, it is recommended that the Member States:1. introduce as soon as possible into their national laws, regulations or administrative provisions concerning scientifically recognised occupational diseases liable for compensation and subject to preventive measures, the European schedule in Annex I;2. take steps to introduce into their national laws, regulations or administrative provisions the right of a worker to compensation in respect of occupational diseases if the worker is suffering from an ailment which is not listed in Annex I but which can be proved to be occupational in origin and nature, particularly if the ailment is listed in Annex II;3. develop and improve effective preventive measures for the occupational diseases mentioned in the European schedule in Annex I, actively involving all players and, where appropriate, exchanging information, experience and best practice via the European Agency for Safety and Health at Work;4. draw up quantified national objectives with a view to reducing the rates of recognised occupational illnesses, in particular those included in the European schedule in Annex I;5. ensure that all cases of occupational diseases are reported and progressively make their statistics on occupational diseases compatible with the European schedule in Annex I, in accordance with the work being done on the system of harmonising European statistics on occupational diseases, so that information on the causative agent or factor, the medical diagnosis and the sex of the patient is available for each case of occupational disease;6. introduce a system for the collection of information or data concerning the epidemiology of the diseases listed in Annex II and any other disease of an occupational nature;7. promote research in the field of ailments linked to an occupational activity, in particular the ailments listed in Annex II and the disorders of a psychosocial nature related to work;8. ensure that documents to assist in the diagnosis of occupational diseases included in their national schedules are disseminated widely, taking account in particular of the notices for the diagnosis of occupational diseases published by the Commission;9. forward to the Commission and make available to interested parties statistical and epidemiological data on occupational diseases recognised at national level, in particular via the information network set up by the European Agency for Safety and Health at Work;10. promote an active role for national healthcare systems in preventing occupational diseases, in particular by raising awareness among medical staff with a view to improving knowledge and diagnosis of these illnesses.Article 2The Member States shall themselves determine the criteria for the recognition of each occupational disease in accordance with the national laws or practices in force.Article 3This Recommendation replaces Recommendation 90/326/EEC.Article 4The Member States are requested to inform the Commission, no later than 31 December 2006, of the measures taken or envisaged in response to this Recommendation.Done at Brussels, 19 September 2003.For the CommissionAnna DiamantopoulouMember of the Commission(1) OJ L 160, 26.6.1990, p. 39.(2) COM(96) 454 final.(3) COM(2002) 118 final.(4) COM(2001) 428 final.(5) OJ C 161, 5.7.2002, p. 1.(6) OJ L 216, 20.8.1994, p. 1.ANNEX IEuropean schedule of occupational diseasesThe diseases mentioned in this schedule must be linked directly to the occupation. The Commission will determine the criteria for recognising each of the occupational diseases listed hereunder:1 Diseases caused by the following chemical agents:100 Acrylonitrile101 Arsenic or compounds thereof102 Beryllium (glucinium) or compounds thereof103.01 Carbon monoxide103.02 Carbon oxychloride104.01 Hydrocyanic acid104.02 Cyanides and compounds thereof104.03 Isocyanates105 Cadmium or compounds thereof106 Chromium or compounds thereof107 Mercury or compounds thereof108 Manganese or compounds thereof109.01 Nitric acid109.02 Oxides of nitrogen109.03 Ammonia110 Nickel or compounds thereof111 Phosphorus or compounds thereof112 Lead or compounds thereof113.01 Oxides of sulphur113.02 Sulphuric acid113.03 Carbon disulphide114 Vanadium or compounds thereof115.01 Chlorine115.02 Bromine115.04 Iodine115.05 Fluorine or compounds thereof116 Aliphatic or alicyclic hydrocarbons derived from petroleum spirit or petrol117 Halogenated derivatives of the aliphatic or alicyclic hydrocarbons118 Butyl, methyl and isopropyl alcohol119 Ethylene glycol, diethylene glycol, 1,4-butanediol and the nitrated derivatives of the glycols and of glycerol120 Methyl ether, ethyl ether, isopropyl ether, vinyl ether, dichloroisopropyl ether, guaiacol, methyl ether and ethyl ether of ethylene glycol121 Acetone, chloroacetone, bromoacetone, hexafluoroacetone, methyl ethyl ketone, methyl n-butyl ketone, methyl isobutyl ketone, diacetone alcohol, mesityl oxide, 2-methylcyclohexanone122 Organophosphorus esters123 Organic acids124 Formaldehyde125 Aliphatic nitrated derivatives126.01 Benzene or counterparts thereof (the counterparts of benzene are defined by the formula: CnH2n-6)126.02 Naphthalene or naphthalene counterparts (the counterpart of naphthalene is defined by the formula: CnH2n-12)126.03 Vinylbenzene and divinylbenzene127 Halogenated derivatives of the aromatic hydrocarbons128.01 Phenols or counterparts or halogenated derivatives thereof128.02 Naphthols or counterparts or halogenated derivatives thereof128.03 Halogenated derivatives of the alkylaryl oxides128.04 Halogenated derivatives of the alkylaryl sulfonates128.05 Benzoquinones129.01 Aromatic amines or aromatic hydrazines or halogenated, phenolic, nitrified, nitrated or sulfonated derivatives thereof129.02 Aliphatic amines and halogenated derivatives thereof130.01 Nitrated derivatives of aromatic hydrocarbons130.02 Nitrated derivatives of phenols or their counterparts131 Antimony and derivatives thereof132 Nitric acid esters133 Hydrogen sulphide135 Encephalopathies due to organic solvents which do not come under other headings136 Polyneuropathies due to organic solvents which do not come under other headings2 Skin diseases caused by substances and agents not included under other headings201 Skin diseases and skin cancers caused by:201.01 Soot201.03 Tar201.02 Bitumen201.04 Pitch201.05 Anthracene or compounds thereof201.06 Mineral and other oils201.07 Crude paraffin201.08 Carbazole or compounds thereof201.09 By-products of the distillation of coal202 Occupational skin ailments caused by scientifically recognised allergy-provoking or irritative substances not included under other headings3 Diseases caused by the inhalation of substances and agents not included under other headings301 Diseases of the respiratory system and cancers301.11 Silicosis301.12 Silicosis combined with pulmonary tuberculosis301.21 Asbestosis301.22 Mesothelioma following the inhalation of asbestos dust301.31 Pneumoconioses caused by dusts of silicates302 Complication of asbestos in the form of bronchial cancer303 Broncho-pulmonary ailments caused by dusts from sintered metals304.01 Extrinsic allergic alveolites304.02 Lung diseases caused by the inhalation of dusts and fibres from cotton, flax, hemp, jute, sisal and bagasse304.04 Respiratory ailments caused by the inhalation of dust from cobalt, tin, barium and graphite304.05 Siderosis305.01 Cancerous diseases of the upper respiratory tract caused by dust from wood304.06 Allergic asthmas caused by the inhalation of substances consistently recognised as causing allergies and inherent to the type of work304.07 Allergic rhinitis caused by the inhalation of substances consistently recognised as causing allergies and inherent to the type of work306 Fibrotic diseases of the pleura, with respiratory restriction, caused by asbestos307 Chronic obstructive bronchitis or emphysema in miners working in underground coal mines308 Lung cancer following the inhalation of asbestos dust309 Broncho-pulmonary ailments caused by dusts or fumes from aluminium or compounds thereof310 Broncho-pulmonary ailments caused by dusts from basic slags4 Infectious and parasitic diseases401 Infectious or parasitic diseases transmitted to man by animals or remains of animals402 Tetanus403 Brucellosis404 Viral hepatitis405 Tuberculosis406 Amoebiasis407 Other infectious diseases caused by work in disease prevention, health care, domicilary assistance and other comparable activities for which a risk of infection has been proven5 Diseases caused by the following physical agents:502.01 Cataracts caused by heat radiation502.02 Conjunctival ailments following exposure to ultraviolet radiation503 Hypoacousis or deafness caused by noise504 Diseases caused by atmospheric compression or decompression505.01 Osteoarticular diseases of the hands and wrists caused by mechanical vibration505.02 Angioneurotic diseases caused by mechanical vibration506.10 Diseases of the periarticular sacs due to pressure506.11 Pre-patellar and sub-patellar bursitis506.12 Olecranon bursitis506.13 Shoulder bursitis506.21 Diseases due to overstraining of the tendon sheaths506.22 Diseases due to overstraining of the peritendineum506.23 Diseases due to overstraining of the muscular and tendonous insertions506.30 Meniscus lesions following extended periods of work in a kneeling or squatting position506.40 Paralysis of the nerves due to pressure506.45 Carpal tunnel syndrome507 Miner's nystagmus508 Diseases caused by ionising radiationANNEX IIAdditional list of diseases suspected of being occupational in origin which should be subject to notification and which may be considered at a later stage for inclusion in Annex I to the European schedule2.1 Diseases caused by the following agents:2.101 Ozone2.102 Aliphatic hydrocarbons other than those referred to under heading 1.116 of Annex I2.103 Diphenyl2.104 Decalin2.105 Aromatic acids - aromatic anhydrides or their halogenated derivatives2.106 Diphenyl oxide2.107 Tetrahydrophurane2.108 Thiopene2.109 MethacrylonitrileAcetonitrile2.111 Thioalcohols2.112 Mercaptans and thioethers2.113 Thallium or compounds thereof2.114 Alcohols or their halogenated derivatives not referred to under heading 1.118 of Annex I2.115 Glycols or their halogenated derivatives not referred to under heading 1.119 of Annex I2.116 Ethers or their halogenated derivatives not referred to under heading 1.120 of Annex I2.117 Ketones or their halogenated derivatives not referred to under heading 1.121 of Annex I2.118 Esters or their halogenated derivatives not referred to under heading 1.122 of Annex I2.119 Furfural2.120 Thiophenols or counterparts or halogenated derivatives thereof2.121 Silver2.122 Selenium2.123 Copper2.124 Zinc2.125 Magnesium2.126 Platinum2.127 Tantalum2.128 Titanium2.129 Terpenes2.130 Boranes2.140 Diseases caused by inhaling nacre dust2.141 Diseases caused by hormonal substances2.150 Dental caries associated with work in the chocolate, sugar and flour industries2.160 Silicium oxide2.170 Polycyclic aromatic hydrocarbons which do not come under other headings2.190 Dimethylformamide2.2 Skin diseases caused by substances and agents not included under other headings2.201 Allergic and orthoallergic skin ailments not recognised in Annex I2.3 Diseases caused by inhaling substances not included under other headings2.301 Pulmonary fibroses due to metals not included in the European schedule2.303 Broncho-pulmonary ailments and cancers associated with exposure to the following:- soot- tar- bitumen- pitch- anthracene or compounds thereof- mineral and other oils2.304 Broncho-pulmonary ailments caused by man-made mineral fibres2.305 Broncho-pulmonary ailments caused by synthetic fibres2.307 Respiratory ailments, particularly asthma, caused by irritants not listed in Annex I2.308 Cancer of the larynx following the inhalation of asbestos dust2.4 Infectious and parasitic diseases not described in Annex I2.401 Parasitic diseases2.402 Tropical diseases2.5 Diseases caused by physical agents2.501 Avulsion due to overstraining of the spinous processes2.502 Disc-related diseases of the lumbar vertebral column caused by the repeated vertical effects of whole-body vibration2.503 Nodules on the vocal chords caused by sustained work-related vocal effort