title: Council Recommendation of 11 July 2017 on the 2017 National Reform Programme of Luxembourg and delivering a Council opinion on the 2017 Stability Programme of Luxembourg

text:
               9.8.2017

               EN

               Official Journal of the European Union

               C 261/67

         COUNCIL RECOMMENDATION
   of 11 July 2017
   on the 2017 National Reform Programme of Luxembourg and delivering a Council opinion on the 2017 Stability Programme of Luxembourg
   (2017/C 261/15)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Articles 121(2) and 148(4) thereof,
   Having regard to Council Regulation (EC) No 1466/97 of 7 July 1997 on the strengthening of the surveillance of budgetary positions and the surveillance and coordination of economic policies (1), and in particular Article 5(2) thereof,
   Having regard to the Recommendation of the European Commission,
   Having regard to the resolutions of the European Parliament,
   Having regard to the conclusions of the European Council,
   Having regard to the opinion of the Employment Committee,
   Having regard to the opinion of the Economic and Financial Committee,
   Having regard to the opinion of the Social Protection Committee,
   Having regard to the opinion of the Economic Policy Committee,
   Whereas:

               (1)

               On 16 November 2016, the Commission adopted the Annual Growth Survey, marking the start of the 2017 European Semester for economic policy coordination. The priorities of the Annual Growth Survey were endorsed by the European Council on 9-10 March 2017. On 16 November 2016, on the basis of Regulation (EU) No 1176/2011 of the European Parliament and of the Council (2), the Commission adopted the Alert Mechanism Report, in which it did not identify Luxembourg as one of the Member States for which an in-depth review would be carried out. On the same date, the Commission also adopted a recommendation for a Council Recommendation on the economic policy of the euro area, which was endorsed by the European Council on 9-10 March 2017. On 21 March 2017, the Council adopted the Recommendation on the economic policy of the euro area (‘Recommendation for the euro area’) (3).

               (2)

               As a Member State whose currency is the euro and in view of the close interlinkages between the economies in the economic and monetary union, Luxembourg should ensure the full and timely implementation of the Recommendation for the euro area, as reflected in recommendation (2) below.

               (3)

               The 2017 country report for Luxembourg was published on 22 February 2017. It assessed Luxembourg’s progress in addressing the country-specific recommendations adopted by the Council on 12 July 2016, the follow-up given to the country-specific recommendations adopted in previous years and Luxembourg’s progress towards its national Europe 2020 targets.

               (4)

               On 28 April 2017, Luxembourg submitted its 2017 National Reform Programme and its 2017 Stability Programme. In order to take account of their interlinkages, the two programmes have been assessed at the same time.

               (5)

               Relevant country-specific recommendations have been addressed in the programming of the European Structural and Investment Funds (ESI Funds) for the 2014-2020 period. As provided for 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 that provision in guidelines on the application of the measures linking effectiveness of the ESI Funds to sound economic governance.

               (6)

               Luxembourg is currently in the preventive arm of the Stability and Growth Pact. In its 2017 Stability Programme, the Government plans a decrease in the headline surplus from 1,6 % of GDP in 2016 to 0,2 % of GDP in 2017, followed by a steady increase thereafter, reaching a surplus of 1,2 % of GDP in 2021. The medium-term budgetary objective — a structural deficit of 0,5 % of GDP — continues to be met with a margin throughout the programme period. According to the 2017 Stability Programme, the government debt-to-GDP ratio is expected to remain well below the 60 %-of-GDP Treaty reference value. The macroeconomic scenario underpinning those budgetary projections is plausible, with the exception of 2018, when it is markedly favourable, and 2021, when it is markedly cautious. Based on the Commission 2017 spring forecast, the structural balance is forecast to register a surplus of 0,4 % of GDP in 2017 and 0,1 % of GDP in 2018, broadly in line with the 2017 Stability Programme and above the medium-term budgetary objective. Overall, the Council is of the opinion that Luxembourg is projected to comply with the provisions of the Stability and Growth Pact in 2017 and 2018.

               (7)

               Long-term fiscal sustainability concerns remain given the projected increase in ageing costs. Under the 2012 pension reform, an exercise to monitor and evaluate the sustainability of the pension system should be carried out every 5 years from the adoption of the reform. The Government advanced the first evaluation to 2016. Although the review concluded that the pension system is still recording a recurrent surplus which allowed sizeable pension reserves to be accumulated, the pension system is expected to record a negative operational balance from 2023 in terms of benefits expenditure in relation to contributions. According to the recent revised Eurostat population projections, the projected increase in population will be less significant than previously expected. This will have an impact on the dependency ratio, which will increase faster than previously expected and lead to a higher projected increase in public expenditure for pensions. There has been no progress in linking statutory retirement age to life expectancy, as previously recommended by the Council in 2016. Luxembourg stands out as the only Member State where no increase of the statutory retirement age has been laid down for the period between 2013 and 2060. Luxembourg has the Union’s highest projected increase in the share of dependent population by 2060. Luxembourg has made limited progress on early retirement. In July 2015, a draft law modifying early retirement schemes was presented to Parliament, where it is still pending. Overall, early retirement remains widespread and incentives to work longer remain limited. Following the revision of demographic prospects, Luxembourg faces further risks related to long-term care expenditure. This is already at one of the highest levels among Member States as a share of GDP and is projected to increase from 1,5 % to 3,2 % of GDP by 2060 (more than doubling from the current level). A project of reform of the long-term care insurance is being discussed by the Parliament.

               (8)

               The Luxembourg authorities have adopted a comprehensive tax reform, which entered into force in January 2017. The reform introduced changes mostly in the area of direct taxation, both for individuals and corporations, aimed at gradually reducing the corporate income tax rate (with the goal of increasing competitiveness) and increasing the progressivity of personal income tax (with the goal of increasing fairness). At the same time, the increase in certain tax expenditures risks narrowing the tax base. To improve the predictability of tax revenues, there is scope to further broaden the tax base. This could be achieved in particular by revisiting the current low taxation on housing and making greater use of alternative sources. This could include ensuring more coherence between environmental taxation and the diversification objectives of the economy.

               (9)

               The Luxembourg authorities have for several decades actively sought to diversify the economy, acknowledging the risks associated with heavy dependence on the financial sector. Reducing the economy’s reliance on the financial sector remains a central long-term challenge. To tackle this, the diversification analysis needs to be translated into specific measures with a clearly defined timeline. Given the country’s high labour costs, activities with higher added value offer the potential to unlock alternative sources of growth. The successful diversification of Luxembourg’s economy therefore depends to a large extent on sectors that are less sensitive to labour cost levels. These are largely based on research and innovation, which tend to be technology- and knowledge-intensive. Reducing or removing barriers to investment and innovation that limit economic development would unleash the potential for innovation and help diversification. While public investment is above the euro-area average, private investment is underperforming. Sustaining a high level of investment is essential to maintaining growth prospects.

               (10)

               Further expanding the already successful non-financial service sector could also help diversify the economy. High regulatory barriers remain in the business services sector, in particular for accountants, architects, engineers and lawyers. For all these professions, the business turnover rate is lower than both the Union average and the average rate for the overall economy. Restrictions on these professions may thus be harming the competitiveness of businesses in Luxembourg. These barriers include the wide scope of activities reserved for architects; reserving simple tasks such as payroll activities or preparation of tax declarations for highly qualified professionals; reserving legal advice for lawyers; and legal form and shareholding requirements, incompatibility rules and multidisciplinary restrictions for lawyers which may be disproportionate in relation to core principles, such as the independence of the profession, and to the corresponding supervisory arrangements.

               (11)

               Targeted active labour market policies and lifelong learning programmes, in particular for older workers, whose employment rate remains among the lowest in the Union, are necessary to avoid negative impacts. Measures have been adopted to improve their employability and labour market attachment. A law on the reclassification of workers with working disabilities has been implemented since 1 January 2016, increasing the possibilities for such workers to remain longer on the labour market. However, a comprehensive strategy, following consultations with social partners, is yet to be put forward. The ‘age pact’, a draft law submitted to Parliament in April 2014 which aims to encourage firms with more than 150 employees to retain older workers, has still not been adopted. Upskilling opportunities through targeted active labour market policies and lifelong learning to support older workers will remain important for the success of such policies. Investment in skills is crucial to reap the full benefits of digitalisation and to maintain competitiveness.

               (12)

               A substantial package of measures has been enacted to tackle the supply shortage in real estate, but its real impact has yet to be seen. Incapacity to access the land available for construction, which is mostly owned by private individuals, appears to be one of the main obstacles to increasing housing supply. Limited housing supply coupled with solid demand has led to a steady increase in housing prices. This contributes to explaining the trend towards increasing household indebtedness, which is mostly mortgage-related. Moreover, despite substantial investment in transport infrastructure, tackling traffic congestion remains a challenge. This is all the more so as modern work practices, such as teleworking, are discouraged in the case of cross-border workers by the fiscal policies in neighbouring countries. Both housing and mobility challenges are likely to put additional strain on efforts to diversify the economy and increase competitiveness. They could also act as barriers to attracting high-skilled workers into the labour market.

               (13)

               In the context of the 2017 European Semester, the Commission has carried out a comprehensive analysis of Luxembourg’s economic policy and published it in the 2017 country report. It has also assessed the 2017 Stability Programme, the 2017 National Reform Programme and the follow-up given to the recommendations addressed to Luxembourg in previous years. It has taken into account not only their relevance for sustainable fiscal and socioeconomic policy in Luxembourg, but also their compliance with Union rules and guidance, given the need to strengthen the Union’s overall economic governance by providing Union-level input into future national decisions.

               (14)

               In the light of this assessment, the Council has examined the 2017 Stability Programme and is of the opinion (5) that Luxembourg is expected to comply with the Stability and Growth Pact,

         HEREBY RECOMMENDS that Luxembourg take action in 2017 and 2018 to:

               1.

               Strengthen the diversification of the economy, including by removing barriers to investment and innovation. Remove regulatory restrictions in the business services sector.

               2.

               Ensure the long-term sustainability of the pension system, limit early retirement and increase the employment rate of older people.

      Done at Brussels, 11 July 2017.

            For the Council

            The President

         T. TÕNISTE

      (1)  OJ L 209, 2.8.1997, p. 1.

      (2)  Regulation (EU) No 1176/2011 of the European Parliament and of the Council of 16 November 2011 on the prevention and correction of macroeconomic imbalances (OJ L 306, 23.11.2011, p. 25).

      (3)  OJ C 92, 24.3.2017, p. 1.

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

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


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32002H0664

Commission Recommendation of 19 August 2002 concerning medals and tokens similar to euro coins (notified under document number C(2002) 3107)

Official Journal L 225 , 22/08/2002 P. 0034 - 0035

Commission Recommendationof 19 August 2002concerning medals and tokens similar to euro coins(notified under document number C(2002) 3107)(2002/664/EC)THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community, and in particular Article 211 thereof,(1) The euro became the currency of the participating Member States as from 1 January 1999. The euro banknotes and coins, following their introduction on 1 January 2002, circulate throughout the whole euro area.(2) The scope of application of the Commission recommendation of 13 January 1999 concerning collector coins, medals and tokens(1) is limited to the transitional period from 1 January 1999 to 31 December 2001.(3) Euro circulating coins issued by participating Member States or by third countries which have concluded an agreement with the European Community on the introduction of the euro (hereinafter, "participating third countries") have legal tender status in the participating Member States and in the participating third countries. Euro collector coins issued by participating Member States or by participating third countries have legal tender status in the issuing State.(4) Citizens could believe that circular metallic objects bearing the words "euro" or "euro cent" or showing a design which is similar to the design which appears on the common or on the national side of the euro coins, have legal tender status at least in the issuing Member State or in a participating third country.(5) It is necessary to avoid confusion for the citizens as regards the legal tender status of euro coins and ensure that a minimum level of protection of the euro against confusion exists in all Member States.(6) In order to reduce the risk of confusion, it is desirable to ban from the territory of the European Union all medals and tokens which bear the words "euro" or "euro cent", which show the euro symbol or a similar symbol; or which show a design similar to the one which appears on the common or on the national side of the euro coin.(7) In order to achieve this, official minting institutions and issuing private companies in the Member States should not produce for the purpose of sale or for commercial purposes, medals and tokens of the kind referred in this recommendation. In order to avoid that medals and tokens of the kind referred circulating in third countries, will also circulate in the Community territory, the ban should also concern the sale, production, stock, import and distribution for the purpose of sale or for commercial purposes of the said medals and tokens.(8) In several Member States, legislation on medals and tokens exists which goes in the direction recommended herein.(9) It would be desirable that third countries, including the participating third countries support the efforts made by the European Union to protect its citizens against confusion and fraud, and for that purpose avoid issuing medals, tokens and coins of the kind referred,HEREBY RECOMMENDS:Article 1DefinitionsFor the purpose of this Recommendation, the following definitions shall apply:(a) "euro" is the lawful currency of the participating Member States as defined in Article 2 of Council Regulation (EC) No 974/98 on the introduction of the euro(2) and of those participating third countries which have concluded an agreement with the European Community on the introduction of the euro(3) (hereinafter, "participating third countries");(b) "euro symbol" is the symbol representing the euro ([fmxeuro]) as described in the Annex to communication COM(97) 418 of 23 July 1997 on the use of the euro symbol;(c) "medals and tokens" refer to those metallic objects which look like a coin but which are neither legal means of payment nor legal tender or are not issued under national or participating third countries or other foreign legislative provisions.Article 2Recommended practiceThe sale and the production, stock, import and distribution for the purpose of sale or for commercial purposes, of medals and tokens whose size is close to the one of the euro coins, should not take place in the following cases:(a) when they bear the terms "euro" or "euro cent"; or(b) when they bear the euro symbol or a symbol close to the euro symbol combined with an indication of nominal value; or(c) when they show a design, which is similar to the design which appears on the common or on the national side of euro coins or which has already been officially laid down for the minting of such coins in the future.Article 3Implementation by Member StatesMember States are recommended to take, as soon as possible, all measures deemed necessary including national legislation, to ensure, as a minimum standard, the full implementation of the recommended practice. Member States are invited to communicate to the Commission the measures taken to comply with this recommendation. On the basis of the measures applied in the Member States, the Commission will consider the need for further action at Community level in the course of 2003.Article 4AddresseesThis recommendation is addressed to the Member States and to all economic agents, who may produce, distribute, import or sell medals and tokens.Done at Brussels, 19 August 2002.For the CommissionMichaele SchreyerMember of the Commission(1) OJ L 20, 27.1.1999, p. 61.(2) OJ L 139, 11.5.1998, p. 1.(3) Principality of Monaco, Republic of San Marino, Vatican City.


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31999H0721

1999/721/EC: Commission recommendation of 12 October 1999 on the results of the risk evaluation and on the risk reduction strategies for the substances: 2-(2-butoxyethoxy)ethanol; 2-(2-methoxyethoxy)ethanol; Alkanes, C10-13, chloro; Benzene, C10-13-alkyl derivs. (notified under document number C(1999) 3232) (Text with EEA relevance)

Official Journal L 292 , 13/11/1999 P. 0042 - 0051

COMMISSION RECOMMENDATIONof 12 October 1999on the results of the risk evaluation and on the risk reduction strategies for the substances:2-(2-butoxyethoxy)ethanol;2-(2-methoxyethoxy)ethanol;Alkanes, C10-13, chloro; Benzene, C10-13-alkyl derivs.(notified under document number C(1999) 3232)(Text with EEA relevance)(1999/721/EC)THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Regulation (EEC) No 793/93 of 23 March 1993 on the evaluation and control of the risks of existing substances(1) and in particular Article 11(2) thereof,(1) Whereas Article 10 of Regulation (EEC) No 793/93 establishes the procedure to be followed for the risk evaluation of the substances on the priority lists at the level of the Member States designated as rapporteur;(2) Whereas Commission Regulation (EC) No 1488/94(2) outlines the principles for the assessment of risks to man and the environment of existing substances in accordance with Regulation (EEC) No 793/93,(3) Whereas the Member State rapporteur after evaluating the risk of a given priority substance to man and the environment shall suggest where appropriate a strategy for limiting this risk, including control measures and/or surveillance programmes;(4) Whereas Article 11 of Regulation (EEC) No 793/93 foresees that the results of the risk evaluation and the recommended strategy for limiting risks in respect of substances on the priority lists should be adopted at Community level in accordance with the procedure laid down in Article 15 and shall be published by the Commission;(5) Whereas Article 1 of Regulation (EEC) No 793/93 foresees that this Regulation shall apply without prejudice to Community legislation on the protection of consumers and on safety and protection of health of workers at work, in particular Council Directive 89/391 EEC;(6) Whereas a first priority list identifying priority substances requiring attention has been adopted by Commission Regulation (EC) No 1179/94(3); whereas this priority list provides, among other substances, for the evaluation of the following:- 2-(2-butoxyethoxy)ethanol,- 2-(2-methoxyethoxy)ethanol,- Alkanes, C10-13, chlor,- Benzene, C10-13-alkyl derivs.(7) Whereas the Member States rapporteur for the four substances have completed all the risk evaluation activities with regard to man and environment(4) and, where appropriate, have suggested strategies for limiting these risks;(8) Whereas the results of the risk evaluation of the four substances and the recommended risk reduction strategies for three of the four substances concerned should be adopted at Community level;(9) Whereas in accordance with Article 11(3) of Regulation (EEC) No 793/93 the Commission will consider the results of the risk evaluation and the recommended strategy for limiting the risks, when proposing Community measures in the framework of Council Directive 76/769 EEC of 27 July 1976 on the approximation of the laws, regulations and administrative provisions of the Member States relating to restrictions on the marketing and use of certain dangerous substances and preparations(5) and in the framework of Council Directive 89/391 EEC of 12 June 1989 on the introduction of measures to encourage improvements in the safety and health of workers at work(6), as well as in the framework of other relevant existing Community instruments;(10) Whereas the Scientific Committee on Toxicity, Ecotoxicity and the Environment (CSTEE) has been consulted and has issued an opinion with respect to the risk assessment reports referred to in this recommendation;(11) Whereas the measures provided for in this recommendation are in accordance with the opinion of the Committee set up pursuant to Article 15 of Regulation (EEC) No 793/93.HEREBY FORMULATES THIS RECOMMENDATION:1. All sectors producing, transporting, storing, formulating into a preparation or other processing, using and disposing or recovering the following substances:- 2-(2-butoxyethoxy)ethanolCAS No 112-34-5Einecs No 203-961-6- 2-(2-methoxyethoxy)ethanolCAS No 111-77-3Einecs No 203-906-6- Alkanes, C10-13, chloroCAS No 85535-84-8Einecs No 287-476-5should take into account the results of the risk evaluation as summarised in Section I (human health/environment) of Parts 1, 2, 3 of Annex I to this recommendation. These results were formulated in the light of the opinions delivered by the Scientific Committee on Toxicity, Ecotoxicity and the Environment (CSTEE)(7).2. The risk reduction strategies described in Section II (strategy for limiting the risks), Parts 1, 2, 3 of Annex I to this recommendation should be implemented.3. All sectors producing, transporting, storing, formulating into a preparation or other processing, using and disposing or recovering the following substance:- Benzene, C10-13-alkyl derivs.CAS No 67774-74-7Einecs No 267-051-0should take into account the results of the risk evaluation as summarised in Section I (Human health/environment) of Annex II to this recommendation. These results were formulated in the light of the opinion delivered by the Scientific Committee on Toxicity, Ecotoxicity and the Environment (CSTEE).Done at Brussels, 12 October 1999.For the CommissionMargot WALLSTRÖMMember of the Commission(1) OJ L 84, 5.4.1993, p. 1.(2) OJ L 161, 29.6.1994, p. 3.(3) OJ L 131, 26.5.1994, p. 3.(4) The comprehensive risk assessment reports as forwarded to the Commission by the Member States rapporteur are publicly available. Short summaries are also available. Both can be obtained by contacting the European Chemicals Bureau, Institute for Health and Consumer Protection of the Joint Research Centre in Ispra, Italy.(5) OJ L 262, 27.9.1976, p. 201.(6) OJ L 183, 29.6.1989, p. 1.(7) The risk evaluation reports were peer-reviewed by the CSTEE and its opinions were expressed at the sixth CSTEE plenary meeting held in Brussels on 27 November 1998. The CSTEE opinions can be found on the Internet (http://www.europa.eu.int/comm/dg24/health/sc/sct/outcome_en.html).ANNEX IPART ONE>TABLE>CH3-(CH2)3-O-CH2-CH2-O-CH2-CH2-OHEinecs name: 2-(2-butoxyethoxy)ethanolMember State rapporteur: The NetherlandsClassification: Xi; R 36The risk assessment is based on current practices related to the life cycle of the substance as described in the risk evaluation forwarded to the Commission by the Member State rapporteur.The risk assessment, based on the available information, has determined that in the European Community the substance is mainly used in preparations of cleaning agents (e.g. floor and metal cleaners) for industry and public domain. It is further used as solvent in paints and coatings in the industrial and public sector. A minor utilisation of the substance consists in the use as chemical intermediate for butyldiglycol acetate.I. RISK ASSESSMENTA. Human healthThe conclusion of the evaluation of the risks to man forWORKERSis that there is a need for specific measures to limit the risks. This conclusion is reached because of:- concerns for anticipated local effects as a consequence of dermal and respiratory exposure arising from manual application of products containing the substance,- concerns for anticipated general systemic effects as a consequence of repeated respiratory exposure arising from manual application of products containing the substance.The conclusion of the evaluation of the risks to man forCONSUMERSis that there is a need for specific measures to limit the risks. This conclusion is reached because of:- concerns for anticipated local effects as a consequence of respiratory exposure arising from spraying application of products containing the substance.The conclusion of the evaluation of the risks to man forMAN EXPOSED VIA THE ENVIRONMENTis that there is at present no need for further information and/or testing or for risk reduction measures beyond those which are being applied. This conclusion is reached because:- the risk assessment shows that risks related to the populations mentioned above are not expected. Risk reduction measures already being applied are considered sufficient.B. EnvironmentThe conclusion of the evaluation of the risks to the environment forAQUATIC ECOSYSTEMS, MICRO-ORGANISMS in the SEWAGE TREATMENT PLANT, ATMOSPHERE, TERRESTRIAL ECOSYSTEM and NON-COMPARTMENT SPECIFIC EFFECTS RELEVANT to the FOOD CHAINis that there is at present no need for further information and/or testing or for risk reduction measures beyond those which are being applied. This conclusion is reached because:- the risk assessment shows that risks related to the environment spheres mentioned above are not expected. Risk reduction measures already being applied are considered sufficient.II. STRATEGY FOR LIMITING RISKSfor WORKERSThe legislation for workers' protection currently in force at Community level is generally considered to give an adequate framework to limit the risks of the substance to the extend needed.Within the framework it is recommended:- to prescribe as a good practice in the safety data sheets adequate eye protection (goggles) and hand protection (gloves) to all persons handling the pure substance,- to provide in the safety data sheets information on the risks resulting from the manual application of products containing the substance,- to provide adequate training and instructions to the workers as well as information and consultation on the risks resulting from the manual application of products containing the substance,- to develop at Community level occupational exposure limit values for the substance;for CONSUMERSIt is recommended that paints containing the substance and which are intended for spray applications should not be made available to consumers. Furthermore, paints containing the substance and which are available to consumers, should contain a use instruction on the product to clearly indicate that they should not be sprayed.In the first place it is recommended to pursue these objectives through a unilateral self-binding commitment made by the producers, the importers of the substance, the trade organisations representing the companies manufacturing the products containing the substance (the formulators). The commitment should be recognised by the public authorities. The producers, the importers of the substance and the formulators should subsequently implement the measures and monitor the compliance to the commitment periodically. The results achieved should be assessed at regular intervals and appropriate additional measures should be considered if necessary.PART TWO>TABLE>CH3-O-CH2-CH2-O-CH2-CH2-OHEinecs name: 2-(2-methoxyethoxy)ethanolMember State rapporteur: the NetherlandsClassification: Repr. Cat. 3; R 63The risk assessment is based on current practices related to the life cycle of the substance as described in the risk evaluation forwarded to the Commission by the Member State rapporteur.The risk assessment, based on the available information, has determined that in the European Community the substance is mainly used as an anti-icing agent in jet fuel. Further uses are as a chemical intermediate, basic chemical (processing solvent), in paint strippers and solvent in paints or floor polish.I. RISK ASSESSMENTA. Human healthThe conclusion of the evaluation of the risks to man forWORKERSis that there is a need for specific measures to limit the risks. This conclusion is reached because of:- concerns for anticipated general systemic effects as a consequence of repeated dermal exposure arising from production of the substance, formulation of products containing the substance and manual application of products containing the substance,- concerns for anticipated developmental effects as a consequence of dermal exposure arising from formulation of products containing the substance and manual application of products containing the substance.The conclusion of the evaluation of the risks to man forCONSUMERSis that there is a need for specific measures to limit the risks. This conclusion is reached because of:- concerns for general systemic and developmental effects as a consequence of exposure arising from consumer use of paints or paint strippers containing the substance.The conclusion of the evaluation of the risks to man forMAN EXPOSED VIA THE ENVIRONMENTis that there is at present no need for further information and/or testing or for risk reduction measures beyond those which are being applied. This conclusion is reached because:- the risk assessment shows that risks related to the populations mentioned above are not expected. Risk reduction measures already being applied are considered sufficient.B. EnvironmentThe conclusion of the evaluation of the risks to the environment forAQUATIC ECOSYSTEM, MICRO-ORGANISMS in the SEWAGE TREATMENT PLANT, ATMOSPHERE, TERRESTRIAL ECOSYSTEM and NON-COMPARTMENT SPECIFIC EFFECTS RELEVANT to the FOOD CHAINis that there is at present no need for further information and/or testing or for risk reduction measures beyond those which are being applied. This conclusion is reached because:- the risk assessment shows that risks related to the environmental spheres mentioned above are not expected. Risk reduction measures already being applied are considered sufficient.II. STRATEGY FOR LIMITING RISKSfor WORKERSThe legislation for workers protection currently in force at Community level is generally considered to give an adequate framework to limit the risks of the substance to the extent needed.Within this framework it is recommended:- to provide as a good practice additional information on the risks resulting from the production of the substance, formulation of products containing the substance and manual application of products containing the substance, for instance in the safety data sheets,- to emphasise risks posed to women in the reproductive age,- to provide adequate training and instructions to the workers as well as information and consultation on the risks resulting from the manual application of products containing the substance,- to develop at Community level occupational exposure limit values for the substance;for CONSUMERSIt is recommended to prevent dermal exposure of consumers to paints and paint strippers containing the substance.It is recommended to clearly state in use instructions on these products (packaging, containers) the fact that women in the reproductive age are a vulnerable group.Furthermore, industry should commit itself to substituting the substance in paints and paint strippers for substances posing less risk, without shifting the risks to other human populations or environmental compartments.In the first place it is recommended to pursue these objectives through a unilateral self-binding commitment made by the producers, the importers of the substance, the trade organisations representing the companies manufacturing the products containing the substance (the formulators). The commitment should be recognised by the public authorities. The producers, the importers of the substance and the formulators should subsequently implement the measures and monitor the compliance to the commitment periodically. The results achieved should be assessed at regular intervals and appropriate additional measures should be considered if necessary.PART THREE>TABLE>CxH(2x - y + 2)Cly where x = 10 - 13 AND y = 1 - 13Einecs name: Alkanes, C10 - 13, chloroMember State rapporteur: United KingdomClassification: Carc. Cat. 3; R 40N; R 50-53The risk assessment is based on current practices related to the life cycle of the substance as described in the risk evaluation forwarded to the Commission by the Member State rapporteur.The risk assessment, based on the available information, has determined that in the European Community the substance is mainly used as an additive in metal working fluids. Other uses are as a flame retardant in rubber formulations and as an additive for paints and other coating systems. Minor uses reported are as a fatting and softening agent in the leather industry, an impregnation agent in the textile industry and as an additive for sealing compounds. It was not possible to obtain information on the use of the total volume of the substances produced or imported into the European Community, therefore, some uses may exist which are not covered by this risk assessment.I. RISK ASSESSMENTA. Human healthThe conclusion of the evaluation of the risks to man forWORKERS, CONSUMERS and MAN EXPOSED VIA THE ENVIRONMENTis that there is at present no need for further information and/or testing or for risk reduction measures beyond those which are being applied. This conclusion is reached because:- the risk assessment shows that risks related to the population mentioned above are not expected. The main route of potential worker exposure during production and use is via dermal exposure. Inhalation is also a potential route of exposure during use of metal working fluids and hot-melt adhesives containing the substance. Risk reduction measures already being applied in the framework of the workplace or other relevant Community legislation in force are considered sufficient,- Consumer exposure, which may occur by contact with leather goods treated with the substance and from non-professional use of metal working fluids, was considered not to be of concern.B. EnvironmentThe conclusion of the evaluation of the risks to the environment forAQUATIC (sediment) and TERRESTRIAL ECOSYSTEMis that there is a need for further information and/or testing. This conclusion is reached because:- there is a need for better information to adequately characterise the risk to sediment compartment arising from production of the substance and its use in rubber, to the soil and sediment compartments arising from the formulation and use of metal working fluids and leather finishing products, and to the soil and sediment compartments at regional level.The information requirements are:- experimental determination of the Koc,- monitoring data in soil and sediment near sources of release,- toxicity testing on soil and sediment dwelling organisms if the abovementioned information does not remove the concern for the abovementioned compartments.The conclusion of the evaluation of the risks to the environment forMICRO-ORGANISMS in the SEWAGE TREATMENT PLANT and ATMOSPHEREis that there is at present no need for further information and/or testing or for risk reduction measures beyond those which are being applied. This conclusion is reached because:- the risk assessment shows that risks related to the environmental spheres mentioned above are not expected. Risk reduction measures already being applied are considered sufficient.The conclusion of the evaluation of the risks to the environment forAQUATIC (excluding sediment) ECOSYSTEM and NON-COMPARTMENT SPECIFIC EFFECTS RELEVANT TO THE FOOD CHAINis that there is a need for specific measures to limit the risks. This conclusion is reached because of:- concerns for effects on the local aquatic environmental spheres mentioned above as a consequence of exposure arising from formulation and use of metal working fluids containing the substance and leather finishing products containing the substance,- concerns for non-compartmental specific effects relevant to the food chain arising from the formulation and use of leather finishing products containing the substance and from use of metal working fluids containing the substance.II. STRATEGY FOR LIMITING RISKSfor the ENVIRONMENTMarketing and use restrictions should be considered at Community level for the substance to protect the environment from the use and formulation of products, in particular for use in metal working and leather finishing. Further work is necessary to establish those uses for which derogations can be justified.The measures identified to protect the environment will also reduce human exposure.ANNEX II>TABLE>CH3-(CH2)m-CH(C6H5)-(CH2)n-CH3 where m + n = 7:10Einecs name: benzene, C10 - 13-alkyl derivs.Member State rapporteur: ItalyClassification: not yet classifiedThe risk assessment is based on current practices related to the life cycle of the substance as described in the risk evaluation forwarded to the Commission by the Member State rapporteur.The risk assessment, based on the available information, has determined that in the European Community the substance is mainly used as an intermediate in the chemical industry for the production of linear alkyl benzenesulphonates. Minor uses reported are as a solvent or binder for asphalt, paints, inks and varnishes. It was not possible to obtain information on the use of the total volume of the substances produced or imported into the European Community, therefore, some uses may exist which are not covered by this risk assessment.I. RISK ASSESSMENTA. Human HealthThe conclusion of the evaluation of the risks to man forWORKERS, CONSUMERS and MAN EXPOSED VIA THE ENVIRONMENTis that there is at present no need for further information and/or testing or for risk reduction measures beyond those which are being applied. This conclusion is reached because:- the risk assessment shows that risks related to the populations mentioned above are not expected. Risk reduction measures already being applied are considered sufficient.B. EnvironmentThe conclusion of the evaluation of the risks to the environment forAQUATIC ECOSYSTEM, MICRO-ORGANISMS in the SEWAGE TREATMENT PLANT, ATMOSPHERE, TERRESTRIAL ECOSYSTEM and NON-COMPARTMENT SPECIFIC EFFECTS RELEVANT TO THE FOOD CHAINis that there is at present no need for further information and/or testing or for risk reduction measures beyond those which are being applied.This conclusion is reached because:- the risk assessment shows that risks related to the environmental spheres mentioned above are not expected. Risk reduction measures already being applied are considered sufficient.II. STRATEGY FOR LIMITING RISKSNone


title: Recommendation of the European Central Bank of 26 October 2005 to the Council of the European Union on the external auditors of the Central Bank and Financial Services Authority of Ireland (ECB/2005/10)

text:
               10.11.2005

               EN

               Official Journal of the European Union

               C 277/30

      RECOMMENDATION OF THE EUROPEAN CENTRAL BANK

   of 26 October 2005
   to the Council of the European Union on the external auditors of the Central Bank and Financial Services Authority of Ireland
   (ECB/2005/10)
   (2005/C 277/10)
   THE GOVERNING COUNCIL OF THE EUROPEAN CENTRAL BANK,
   Having regard to the Statute of the European System of Central Banks and of the European Central Bank, and in particular Article 27.1 thereof,
   Whereas:

               (1)

               The accounts of the European Central Bank (ECB) and of the national central banks of the Eurosystem are audited by independent external auditors recommended by the Governing Council of the ECB and approved by the Council of the European Union.

               (2)

               The mandate of the current external auditors of the Central Bank and Financial Services Authority of Ireland has expired and will not be renewed. It is therefore necessary to appoint external auditors from the financial year 2005.

               (3)

               The Central Bank and Financial Services Authority of Ireland has selected Deloitte & Touche as its external auditors starting from the financial year 2005, and the ECB considers that they fulfil the necessary requirements for appointment.

               (4)

               The mandate of the external auditors will be for three years and may be extended,

         HAS ADOPTED THIS RECOMMENDATION:
   It is recommended that Deloitte & Touche should be appointed as the external auditors of the Central Bank and Financial Services Authority of Ireland from the financial year 2005 for a duration of three years, with the possibility of extension.

      Done at Frankfurt am Main, 26 October 2005.

            The President of the ECB

         Jean-Claude TRICHET


title: Commission Recommendation of 29 June 2009 on measures to improve the functioning of the single market (Text with EEA relevance )

text:
               7.7.2009

               EN

               Official Journal of the European Union

               L 176/17

      COMMISSION RECOMMENDATION

   of 29 June 2009
   on measures to improve the functioning of the single market
   (Text with EEA relevance)
   (2009/524/EC)
   THE COMMISSION OF THE EUROPEAN COMMUNITIES,
   Having regard to the Treaty establishing the European Community, and in particular Article 211 thereof,
   Whereas:

               (1)

               A well functioning single market is essential for creating employment and growth, and for promoting economic stability. The more effective the single market is, the more it will improve the business environment, thereby encouraging firms to invest and create jobs, and the more it will increase consumer confidence and demand. A well functioning single market is therefore crucial in the context of economic recession to facilitate the recovery of the European economy.

               (2)

               It is essential for a well functioning single market to have correctly transposed, applied, enforced, monitored and satisfactorily harmonised Community rules affecting the functioning of the single market (hereafter single market rules).

               (3)

               Consultation and analysis carried out to prepare the Communication ‘A single market for 21st century Europe’ (hereafter the Single Market Review) (1) have identified a number of shortcomings which show that the single market does not yet function as efficiently as it should. In many areas and sectors, further work is still necessary. Citizens and businesses are often unable to seize the many single market opportunities because rules are not properly applied and enforced.

               (4)

               In the Single Market Review, the Commission therefore suggested a set of concrete measures, to ensure that citizens and businesses continue to benefit from the economic advantages created by the single market (2).

               (5)

               The measures taken by the Member States and those taken by the Commission should complement each other. A coordinated and cooperative approach — in partnership between the Commission and Member States — with a common objective of improved transposition, application and enforcement of single market rules, is vital to ensure the proper functioning of the single market. The partnership approach in the context of this Recommendation goes beyond the already established cooperation in a number of single market policy areas. It requires establishing and maintaining closer cooperation within and between the Member States, and with the Commission, in all areas that are relevant for the single market. It also implies that Member States assume shared responsibility for and therefore a more proactive role in managing the single market.

               (6)

               The Single Market Review, and in particular subsequent discussions with Member States, identified some areas as crucial to achieve a well functioning single market, namely: ensuring coordination on single market issues; improving cooperation within and between Member States as well as with the Commission; improving the transposition of single market rules; monitoring markets and sectors in order to identify potential market malfunctioning; improving the application of single market rules; strengthening the enforcement of single market rules and promoting problem-solving; promoting regular assessment of national legislation; and informing citizens and businesses about their single market rights.

               (7)

               This Recommendation draws closely on solutions already introduced in certain Member States, which have proven to work in practice in the Member States concerned. It is for each Member State to choose the practices best designed to ensure the implementation of this Recommendation, having regard to what would be most effective in the context of that Member State, since procedures and practices that are effective in one Member State may not be as effective in another.

               (8)

               Research shows that Member States need to improve internal coordination on single market issues, as competences are currently dispersed among different national authorities (3). As applying single market rules may involve a wide variety of national, regional and local authorities in each Member State, efficient cooperation among them should be enhanced. Therefore, Member States should ensure and strengthen a single market coordination function within their national administrations, which may vary according to specific national administrative structures and traditions. The authorities responsible for this function should have the overall responsibility to plan, oversee and evaluate the implementation of this Recommendation.

               (9)

               Close cross-border cooperation between Member State authorities competent for single market issues allows the building of mutual trust and is of vital importance for the correct application of single market rules. Member States should take the necessary measures to ensure that the cross-border networks or electronic information systems established by the Commission (e.g. such as the Internal Market Information system (IMI), RAPEX (4), RASFF (5) or Consumer Protection Cooperation network) are operational, by putting in place appropriate arrangements, including allocation of resources.

               (10)

               Internal Market Scoreboards have shown that there is still a need to improve timeliness and quality in the transposition of single market Directives. While Commission Recommendation of 12 July 2004 on the transposition into national law of Directives affecting the internal market (6) (hereafter the 2004 Commission Recommendation) has broadly been applied, and while this has resulted in a significant improvement of the transposition rate, parts of that Recommendation still remain to be applied more effectively. This Recommendation recalls as still necessary and further develops actions recommended in the 2004 Commission Recommendation, which remains a reference for Member State administrations dealing with transposition. This Recommendation also builds on the Communication from the Commission — A Europe of Results — Applying Community Law (7) and on the Communication from the Commission — Review of the Lamfalussy process — Strengthening supervisory convergence (8).

               (11)

               Market monitoring is necessary to identify the sectors where markets do not function properly for consumers and businesses, and to focus single market policies on those areas. Therefore, it should become an integral element in designing and monitoring single market policies (e.g. through the Consumer Markets Scoreboard). Cooperation between the Commission and Member State authorities on market monitoring and data collection work will enhance the quality of data and analysis for use at national and Community level, and help build consensus on single market issues. Member States are encouraged to participate in market monitoring exercises carried out by the Commission, and to carry out similar exercises at the national level, adapted to specific national needs.

               (12)

               Various national studies have underlined the importance of training to assist officials, including judges, at national, regional and local levels of administration in correctly transposing, applying and enforcing single market rules. In this context, it is important to ensure that those rules, and the impact on the Community’s external competitiveness in general, are always taken into consideration when drafting national legislation. The importance of training was further confirmed by a recent study and resolution on the role of the national judges conducted by the European Parliament and its 2005 resolution on competition law (9), as well as by a recent Council Resolution (10). Officials should also be given guidance on Community law in general and on single market rules in particular.

               (13)

               Effective enforcement of single market rules and proper measures to resolve problems encountered by citizens and businesses are of crucial importance to help citizens and businesses to benefit from the freedoms guaranteed by the Treaty. Building on the cooperation already achieved in the area of problem-solving, in particular through SOLVIT (11), Member States, with the support from the Commission, should improve the capacity of problem-solving mechanisms — either in national courts or through non-judicial mechanisms — to provide effective redress. It is important that the circumstances giving rise to the various problems encountered are addressed.

               (14)

               Regular monitoring and evaluation of national legislation is important as it allows verification of how effectively single market rules are applied in practice, and identification of provisions which could prevent citizens and businesses from drawing full advantage from these rules. Such exercises should be carried out more systematically in all Member States.

               (15)

               Recent Eurobarometer surveys (12) and requests addressed to the Commission’s information and problem-solving services show that it is necessary to provide more information to citizens and businesses about their rights in the single market in order for them to be able to exercise those rights in practice. It should furthermore be made possible for citizens and businesses to obtain assistance when they exercise those rights. To that end, Member States, with the support of the Commission and when appropriate in cooperation with the stakeholders, should ensure the provision of practical information and advice on matters that concern citizens and businesses who want to live, study, work, set up companies or provide goods or services in another Member State.

               (16)

               The Annex to this Recommendation sets out measures that Member States could take in order to implement this Recommendation and provides a list of practices of certain Member States, on which those measures are based. It is considered that, while certain measures may initially incur costs, they should allow for savings to be made, for instance by streamlining national administrative practices, and should, in the long term, lead to a better functioning single market and therefore bring benefits to consumers and businesses.

               (17)

               The progress in implementing this Recommendation should be monitored in close cooperation between the Commission and the Member States, including through discussions in the Internal Market Advisory Committee (IMAC) on the basis of benchmarks and indicators. In order for the Commission to be able to carry out an assessment of the effects of this Recommendation four years after the publication of the Recommendation in the Official Journal, Member States should submit reports to the Commission three years after the publication of this Recommendation in the Official Journal on actions taken to implement the Recommendation,

         HEREBY RECOMMENDS THAT THE MEMBER STATES:

               1.

               Ensure and strengthen a single market coordination function, to promote efficient coordination within and between authorities responsible for single market issues at national, regional and local level, and to act as a reference point for the single market within the administration.

               2.

               Facilitate active cooperation between administrative authorities responsible for single market issues in different Member States, and with the Commission, through the allocation of sufficient resources.

               3.

               Take all necessary measures to improve the transposition of Directives affecting the single market.

               4.

               Support the Commission’s work on market monitoring and related data collection by actively contributing to the exercise at the Community level, and, if relevant, by considering similar exercises at national level.

               5.

               Ensure that national authorities and officials have sufficient knowledge of Community law in general and of single market rules in particular to efficiently apply single market rules and where relevant, take these rules into account when preparing and introducing new national legislation.

               6.

               Facilitate and encourage a quick and efficient resolution of problems encountered by citizens and businesses in exercising their single market rights by in general, taking measures to improve the enforcement of single market rules, and in particular, by ensuring that the judiciary has sufficient knowledge of Community law including single market rules, and by providing sufficient support to problem-solving mechanisms.

               7.

               Carry out regular evaluation and assessment of national legislation to ensure full compliance with single market rules and in so doing keep under review any use of exemptions or derogations provided for in existing single market rules.

               8.

               Enhance the provision of practical information on single market issues to businesses and citizens.

               9.

               Examine the measures and practices set out in the Annex and, having regard to their national institutional traditions, adopt those practices that will, or can be expected to, lead to an improvement in the functioning of the single market and are best suited to implement this Recommendation.

               10.

               Cooperate with the Commission and other Member States in monitoring the implementation of this Recommendation, inform the Commission of actions taken in implementing this Recommendation on a regular basis and provide a final report to the Commission three years after the publication of this Recommendation in the Official Journal.

      Done at Brussels, 29 June 2009.

            For the Commission

         Charlie McCREEVY

            Member of the Commission

      (1)  COM(2007) 724 final, 20.11.2007.

      (2)  The GDP of the Community increased by 2,15 % and 2,75 million extra jobs were created over the period 1992-2006, and intra-Community trade rose by 30 % between 1995 and 2005 (SEC(2007) 1521, 20.11.2007).

      (3)  Commission Staff Working Document on Instruments for a modernised single market policy (SEC(2007) 1518, 20.11.2007).

      (4)  Rapid alert system for non-food dangerous products.

      (5)  Rapid alert system for food and feed.

      (6)  OJ L 98, 16.4.2005, p. 47.

      (7)  COM(2007) 502 final, 5.9.2007.

      (8)  COM(2007) 727 final, 20.11.2007.

      (9)  EP resolution on the role of the national judge in the European judicial system (INI/2007/2027, 9.7.2008); EP resolution on the Commission report on competition policy 2004 (INI/2005/2209, 20.3.2006).

      (10)  Resolution of the Council and of the Representatives of the Governments of the Member States meeting within the Council 14757 of 28 October 2008.

      (11)  Communication from the Commission to the Council, the European Parliament, the Economic and Social Committee and the Committee of the Regions ‘Effective Problem Solving in the Internal Market (SOLVIT)’ (COM(2001) 702 final, 27.11.2001).

      (12)  http://ec.europa.eu/internal_market/strategy/index_en.htm#061204

      ANNEX

         Measures and practices improving the functioning of the single market

      1.   MEASURES ENSURING BETTER COORDINATION ON SINGLE MARKET ISSUES
      Member States are invited to take the following measures:

                  (a)

                  assign to a new or existing authority within the national administration the responsibility for coordination on single market issues;

                  (b)

                  ensure coordination between government ministries and agencies on single market issues;

                  (c)

                  ensure coordination amongst government ministries and agencies on the one hand, and regional and local authorities on the other, and also amongst regional and amongst local authorities;

                  (d)

                  ensure that the relevant government ministries and agencies and other institutions take into account single market rules;

                  (e)

                  consider bringing together responsibilities for a number of single market related activities within a single authority, taking into account the organisation of the national administration;

                  (f)

                  plan, monitor and evaluate the implementation of this Recommendation.

                  Existing practices in certain Member States related to the suggested measures

                  Responsibility for coordination on single market issues

                              —

                              Some government bodies already come close to exercising a single market coordination function. They cooperate closely with other authorities on single market issues, ensure compatibility of national law with single market rules, and are responsible for a number of single market activities;

                  Interministerial cooperation

                              —

                              Interministerial working groups on single market related issues bring together representatives of relevant authorities;

                  Vertical coordination

                              —

                              Special networks exist, e.g. in the area of public procurement or market surveillance, which link regional and local authorities. These networks dispose of common databases or websites;

                              —

                              Regional and local representatives are involved, on topics of interest for them, in the work of interministerial groups;

                  Political visibility

                              —

                              Policy discussions on single market issues are held on a regular basis, e.g. in subcommittees of the national Council of Ministers;

                              —

                              National parliament is actively involved in analysing single market issues, e.g. by preparing reports or carrying out inquiries on these issues;

                  Advocacy

                              —

                              A government body ensures compatibility of national legislation with single market rules by, inter alia, carrying out screening of national legislative drafts;

                  Bringing together single market activities

                              —

                              Some government bodies are responsible for a number of single market related activities, such as SOLVIT, IMI, notifications for Directive 98/34/EC of the European Parliament and of the Council (1) and Council Regulation (EC) No 2679/98 (2), coordination of setting up of Points of Single Contact under the Goods Package.

            2.   MEASURES IMPROVING COOPERATION BETWEEN MEMBER STATES AND WITH THE COMMISSION
      Member States are invited to take the following measures:

                  (a)

                  provide on a permanent basis: relevant language, IT and other trainings, and raise awareness about the existing networks and regarding the relevant data protection rules, to make Community networks (e.g. the Internal Market Information system (IMI), RAPEX, RASFF, Consumer Protection Cooperation networks, and others) fully operational at national level;

                  (b)

                  organise — for instance, via existing networks — exchanges of officials responsible for single market issues between national administrations;

                  (c)

                  ensure that active cooperation between authorities responsible for single market issues in different Member States forms part of the national administrative culture;

                  (d)

                  take organisational measures to ensure that Member States are able to promptly reply to Commission requests for information concerning the application of single market rules at national level, and in particular in the context of the EU Pilot project (3) and the infringement procedures.

                  Existing practices in certain Member States related to the suggested measures

                  Cooperation between national authorities

                              —

                              Close cooperation exists between Nordic and Baltic countries on market surveillance, implementation of Directive 2006/123/EC of the European Parliament and of the Council of 12 December 2006 on services in the internal market (4) and other single market issues;

                              —

                              Cooperation is in place between national authorities in the areas of public procurement (e.g. through Public Procurement Network), and market surveillance. National market surveillance authorities in the area of consumer (non-food) product safety cooperate closely via the PROSAFE network, and ICSMS system facilitates market surveillance of technical products;

                  Administrative exchanges

                              —

                              National competition authorities are involved in exchanges of national officials in the context of the European Competition Network;

                              —

                              Several national market surveillance authorities and authorities responsible for the enforcement of consumer protection laws participate in exchanges of officials, in the context of the Consumer Safety Network under Directive 2001/95/EC of the European Parliament and of the Council (5), and Regulation (EC) No 2006/2004 of the European Parliament and of the Council (6);

                  Financial and human resources support

                              —

                              Separate teams have been designated to set up the Internal Market Information (IMI) network and they have been given sufficient human and financial resources to develop the IMI throughout their Member States;

                  Training

                              —

                              Representatives of national authorities, after having followed Commission trainings, train other members of the IMI network at national level. This practice works best when the training role is included in the job description of these officials.

            3.   MEASURES IMPROVING THE TRANSPOSITION OF SINGLE MARKET RULES
      Member States are invited to take the following measures:

                  (a)

                  effectively prepare in advance for the transposition, application and enforcement of single market Directives at national level;

                  (b)

                  ensure that all officials concerned cooperate closely with each other and facilitate that officials responsible for transposition and application of a Directive at national level are also involved during the negotiations on that Directive;

                  (c)

                  improve cooperation between national administration and national, regional and devolved parliaments, and regional and local authorities involved in transposition, and provide them, where necessary, with all relevant information related to the negotiations and the transposition process;

                  (d)

                  provide information to stakeholders during the transposition process, where useful, on single market legislative proposals that could be of interest to businesses and citizens;

                  (e)

                  avoid the addition of supplementary provisions that are not necessary to transpose a Directive (7);

                  (f)

                  facilitate dialogue with the Commission on the transposition of single market Directives by using a variety of means, such as correlation tables, aimed at increasing transparency and user-friendliness of national legislation.

                  Existing practices in certain Member States related to the suggested measures

                  Early preparation

                              —

                              National impact assessments are drawn up when a Directive is tabled by the Commission. They include a detailed analysis of impact for the Member State concerned and the potential transposition or application implications. They are updated throughout the transposition process;

                  Continuity

                              —

                              Close cooperation between officials involved in negotiating, transposing and enforcing Directives is ensured. The need for such continuity is underlined in national transposition guidelines;

                  Cooperation with parliaments

                              —

                              Information is sent to national parliaments at an early stage and on a regular basis on the developments regarding the transposition of Community Directives, inter alia, through a quarterly scoreboard on transposition;

                  Cooperation with regional and local authorities

                              —

                              Officials from regional or devolved authorities are involved in the work of interministerial transposition coordination groups;

                              —

                              Training and conferences about the transposition process are organised for public administration at all levels and for NGOs;

                  Communication with stakeholders

                              —

                              The public has access to a simplified transposition database via Internet. Information on progress in transposition is made available on Ministries' websites and a list of Directives not transposed on time is published on Internet;

                              —

                              The national authorities are obliged to produce guidance for citizens on new transposition laws at least 12 weeks before their entry into force;

                  Avoiding ‘unnecessary additional requirements’

                              —

                              Specific procedures are in place to manage and control the risk of adding manifestly unnecessary measures when transposing Directives, e.g. a designated government committee carries out a systematic control of national transposition drafts, which go beyond the requirements of Directives;

                  Correlation tables

                              —

                              Correlation tables are used for information and screening purposes;

            4.   MEASURES TO BETTER MONITOR MARKETS AND SECTORS TO IDENTIFY POTENTIAL MARKET MALFUNCTIONING
      Member States are invited to take the following measures:

                  (a)

                  collect qualitative and quantitative information about markets or sectors being monitored, for instance from market analysis carried out by academics, consultants or stakeholders, or from data collected by the National Statistical offices and complaint handling bodies;

                  (b)

                  identify local sources of information and facilitate the engagement of local stakeholders in market monitoring process; e.g. by organising local consultations or meetings between the Commission and key local stakeholders;

                  (c)

                  take part in the monitoring work on specific aspects, such as on competition analysis, regulatory assessments or collecting data to measure how markets function for consumers (e.g. through regular collection of average prices of comparable consumer products and services, classification of consumer complaints, and development of appropriate indicators to measure quality of enforcement).

                  Existing practices in certain Member States related to the suggested measures

                  Collecting information

                              —

                              Member States provide information about monitored markets or sectors to the Commission (e.g. in the context of the market monitoring exercise on retail trade);

                  Specific aspects of monitoring

                              —

                              Monitoring is carried out also from a consumer (e.g. a Consumer Condition Index rating 57 markets against each other is published on an annual basis, and its methodology has been followed in other Member States) or competition perspective (e.g. a monitoring of a national retail sector from a competition perspective);

                  National level monitoring

                              —

                              A pilot screening exercise was carried out in close cooperation with the Commission, to see if the Commission methodology could be used at the country level and to provide an orientation for further in-depth analyses in Member States.

            5.   MEASURES IMPROVING THE APPLICATION OF SINGLE MARKET RULES
      Member States are invited to take the following measures concerning officials responsible for applying single market rules:

                  (a)

                  provide training on Community law in general and single market rules in particular when they enter a job;

                  (b)

                  establish continued ‘on-the-job’ training programmes on Community law in general and single market rules in particular;

                  (c)

                  provide practical guidance and advice regarding single market rules and their application.

                  Existing practices in certain Member States related to the suggested measures

                  Training

                              —

                              Obligatory training on Community law for officials is organised, e.g. Community law is an obligatory part of the preparation phase for access to a career in the public administration; obligatory seminars about public administration issues, including an introduction on Community issues, are organised;

                  Continued ‘on-the-job’ training

                              —

                              Training on Community and single market issues is organised through on-line training modules; regular newsletters are prepared; conferences or regular training sessions are held within the national administration;

                              —

                              Specific training programmes for officials exist on the internal market;

                  Practical guidance and advice

                              —

                              A specific internal market guide helps national officials improve their knowledge and skills; detailed guidelines are also being developed on mutual recognition following the adoption of the Goods Package;

                              —

                              A designated help desk deals with single market related queries of officials;

                              —

                              Explanatory guidance on how to understand and interpret a legal act is published on national Ministries' websites to provide specific information on application;

                  Education and tests on Community law and single market rules

                              —

                              Community law is a compulsory part of law education;

                              —

                              Officials are obliged to pass an exam including Community law and single market rules to enter a public administration post.

            6.   MEASURES STRENGTHENING THE ENFORCEMENT OF SINGLE MARKET RULES AND PROMOTING PROBLEM-SOLVING MECHANISMS
      (1)   Non-judicial problem-solving mechanisms
      Member States are invited to take the following measures:

                  (a)

                  ensure that transparent, simple and inexpensive procedures are available to citizens and businesses for alternative dispute resolution (ADR);

                  (b)

                  participate in and actively contribute to — especially through sufficient resources — the functioning and further development of problem-solving mechanisms at Community level, such as SOLVIT and the EU Pilot project;

                  (c)

                  provide sufficient information to citizens and businesses — on single market related websites — about existing problem-solving mechanisms at national and Community level;

                  (d)

                  address the underlying causes of the problems giving rise to the use of problem-solving mechanisms.

            (2)   National judiciary
      Member States are invited to take the following measures:

                  (a)

                  provide to judges basic training in Community law in general and single market rules in particular when they enter a job, and continued ‘on-the-job’ training programmes, including through the European Judicial Training Network (8) which organises and finances the exchange of judges;

                  (b)

                  ensure easy access to complete and up-to-date information on single market related Community legislation and case-law of the Court of Justice of the European Communities, including through the future Community e-Justice portal (9) which will provide a ‘one-stop (electronic) shop’ for information on European justice and access to European judicial procedures;

                  (c)

                  encourage national courts and tribunals to collect and make available information on important national judgments in the field of the single market, in particular national judgments applying preliminary rulings of the Court of Justice of the European Communities.

                  Existing practices in certain Member States related to the suggested measures

                  ADR mechanisms

                              —

                              A network of small courts for civil matters, intended for small disputes, operates in order to deliver a decision in a quicker, more efficient and less costly manner. It encompasses judicial and non-judicial resolution of disputes;

                  Participation in Community ADR mechanisms

                              —

                              When the cooperation of a competent national authority has not been satisfactory, SOLVIT centres bring a case to a higher level within the administration as a second resort in order to find a solution;

                  Information about ADR mechanisms

                              —

                              SOLVIT is promoted through closer cooperation with groups of stakeholders and through sending out information fact sheets to them;

                  Training

                              —

                              The Ministry of Justice organises special training courses for judges covering single market rules;

                              —

                              Training programmes for trainee judges on Community law are compulsory;

                  Easy access to information

                              —

                              Summaries of Community case-law are prepared by a specific unit in a national Ministry specialising in single market rules for use by the judiciary;

                              —

                              Summaries of significant judgments are published in a legal bulletin;

                  Sharing important national judgements related to the application of single market rules

                              —

                              National courts are obliged to report important judgments concerning Community law and decisions on preliminary rulings, and these are published in a newsletter.

            7.   MEASURES PROMOTING REGULAR ASSESSMENT OF NATIONAL LEGISLATION
      Member States are invited to take the following measures:

                  (a)

                  develop a systematic approach for monitoring and evaluating national legislation implementing single market rules to identify any inconsistencies in its application, including through consultation with stakeholders, feedback from the existing problem-solving mechanisms, etc.;

                  (b)

                  review, where feasible, existing national rules and administrative practices, to identify provisions which could hinder citizens and enterprises from taking full advantage of single market opportunities; and adapt the national regulatory framework where necessary;

                  (c)

                  take organisational measures to ensure a close monitoring of case-law of the Court of Justice of the European Communities and in that context regularly assess whether national legislation and administrative practices are compatible with single market rules.

                  Existing practices in certain Member States related to the suggested measures

                  Evaluation of implementation

                              —

                              Ex-post Impact Assessment reports and audits are developed to monitor the implementation of single market Directives;

                              —

                              Systematic process of consultations with stakeholders is being developed, to discuss how (and if) the selected packages of inter-related single market rules are implemented and their impact on businesses and citizens;

                  Review of national rules and procedures

                              —

                              Comprehensive reviews of national legislation are carried out within the field of free movement of goods and services;

                  Checking impact of the Court of Justice preliminary rulings

                              —

                              National authorities systematically analyse whether national legislation should be amended following the recent judgments of the Court of Justice.

            8.   MEASURES TO BETTER INFORM CITIZENS AND BUSINESSES ABOUT THEIR SINGLE MARKET RIGHTS
      Member States are invited to take the following measures:

                  (a)

                  promote and raise awareness about Community information services (10) within the national administration and externally at national, regional and local levels, in line with the Commission's work, in particular on the Single Market Assistance Services (SMAS);

                  (b)

                  ensure increased coordination between the national contact points responsible for Community information services;

                  (c)

                  make practical information on single market rights and obligations available in other languages, and easily accessible through an Internet website; and introduce clear cross-references between all relevant national and Community portals with single market related information, and in particular through the ‘Your Europe’ portal;

                  (d)

                  organise information campaigns and programmes on the benefits and opportunities of the single market.

                  Existing practices in certain Member States related to the suggested measures

                  Promoting Community information services

                              —

                              Targeted information to the most concerned groups of stakeholders is provided through the Internet, brochures, leaflets, seminars and awareness-raising campaigns;

                  Coordination of Community information services at national level

                              —

                              A coordination group brings together Europe Direct, Enterprise Europe Network, Eurojus, European Consumer Centre (ECC Net) and FIN-NET contact points;

                  Easily accessible information

                              —

                              A considerable amount of single market related information and advice for foreign citizens and businesses, and for nationals who want to go abroad, is made available on horizontal e-government portals, national websites focused on Community issues, or on specific websites aimed at businesses or citizens;

                              —

                              A national online information resource on the single market is planned. It would be sponsored by one government authority and maintained by all the other authorities concerned;

                  Information campaigns

                              —

                              An information programme on the single market is being developed, which will include provision of publication materials, training courses and open lectures to inform citizens and businesses about single market opportunities.

         (1)  Directive of 22 June 1998 laying down a procedure for the provision of information in the field of technical standards and regulations (OJ L 204, 21.7.1998, p. 37).

         (2)  Regulation of 7 December 1998 on the functioning of the internal market in relation to the free movement of goods among the Member States (OJ L 337, 12.12.1998, p. 8).

         (3)  Test phase of ‘EU Pilot’ project, which aims to achieve quicker responses to enquiries and complaints regarding the correct interpretation and implementation of Community law, through a more informal working method between the Commission and Member States, was launched in April 2008 with 15 Member States.

         (4)  OJ L 376, 27.12.2006, p. 36.

         (5)  OJ L 11, 15.1.2002, p. 4.

         (6)  OJ L 364, 9.12.2004, p. 1.

         (7)  Without prejudice to the transposition of provisions setting minimal requirements in Directives resulting from shared competences in accordance with the EC Treaty (in particular article 137 ECT).

         (8)  http://www.ejtn.net/www/en/html/index.htm

         (9)  The European e-Justice portal will be launched on 14 December 2009.

         (10)  Such as, among others, Europe Direct, Citizens' Signpost Service, Your Europe, EURES, European Consumer Centres, Enterprise Europe Network.


title: Council Recommendation of 16 February 2010 concerning the discharge to be given to the Commission in respect of the implementation of the operations of the European Development Fund (eighth EDF) for the financial year 2008

text:
               20.2.2010

               EN

               Official Journal of the European Union

               L 45/15

         COUNCIL RECOMMENDATION
   of 16 February 2010
   concerning the discharge to be given to the Commission in respect of the implementation of the operations of the European Development Fund (eighth EDF) for the financial year 2008
   (2010/102/EU)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to the fourth ACP-EEC Convention, signed at Lomé on 15 December 1989 (1) and amended by the Agreement signed in Mauritius on 4 November 1995 (2),
   Having regard to the Internal Agreement between the Representatives of the Governments of the Member States, meeting within the Council, on the financing and administration of the Community aid under the Second Financial Protocol to the fourth ACP-EC Convention (3), hereinafter referred to as the ‘Internal Agreement’, setting up, amongst others, the eighth European Development Fund (eighth EDF), and in particular Article 33(3) thereof,
   Having regard to the Financial Regulation of 16 June 1998 applicable to development finance cooperation under the fourth ACP-EC Convention (4), and in particular Articles 66 to 74 thereof,
   Having examined the revenue and expenditure account and the balance sheet relating to the operations of the eighth EDF as at 31 December 2008, and the Court of Auditors report concerning the financial year 2008 together with the Commission’s replies (5),
   Whereas:

               (1)

               Pursuant to Article 33(3) of the Internal Agreement, the discharge for the financial management of the eighth 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 eighth EDF during the financial year 2008 has been satisfactory,

         HEREBY RECOMMENDS that the European Parliament give the Commission a discharge in respect of the implementation of the operations of the eighth EDF for the financial year 2008.

      Done at Brussels, 16 February 2010.

            For the Council

            The President

         E. SALGADO

      (1)  OJ L 229, 17.8.1991, p. 3.

      (2)  OJ L 156, 29.5.1998, p. 3.

      (3)  OJ L 156, 29.5.1998, p. 108.

      (4)  OJ L 191, 7.7.1998, p. 53.

      (5)  OJ C 269, 10.11.2009, p. 257.


title: Council Recommendation of  27 April 2006  on the drawing up of agreements between police, customs and other specialised law enforcement services in relation to the prevention and combating of crime

text:
               25.5.2006

               EN

               Official Journal of the European Union

               C 124/1

      COUNCIL RECOMMENDATION

   of 27 April 2006
   on the drawing up of agreements between police, customs and other specialised law enforcement services in relation to the prevention and combating of crime
   (2006/C 124/01)
   THE COUNCIL OF THE EUROPEAN UNION,
   RECALLING that:

               (1)

               one of the objectives of the European Union is the progressive establishment of an area of freedom, security and justice by developing common action among the Member States in the field of police and judicial cooperation in criminal matters;

               (2)

               this objective is to be achieved by preventing and combating crime, organised or otherwise, in particular terrorism, trafficking in persons and offences against children, illicit drug trafficking and illicit arms trafficking, corruption and fraud, notably through closer cooperation between police forces, customs authorities and other competent authorities in the Member States, there should also be increased cooperation with, and where appropriate between, EU bodies, Institutions and agencies such as the Commission (OLAF), Europol, Eurojust and Cepol;

               (3)

               the common action provided for by Article 30 of the Treaty on European Union in the field of police cooperation includes operational cooperation between the competent authorities, including the police, customs and other specialised law enforcement services of the Member States in relation to the prevention, detection and investigation of criminal offences;

               (4)

               in order to achieve this objective in the most efficient way, a high degree of cooperation is necessary at national level between the police, customs and other specialised law enforcement services;

               (5)

               the Hague programme on the strengthening of freedom, security and justice in the European Union, adopted by the European Council in November 2004, stressed that an optimal level of protection of the area of freedom, security and justice required multidisciplinary and concerted action both at EU level and at national level between the competent law enforcement authorities, especially police, customs and border guards;

               (6)

               the Commission issued Communications entitled ‘Enhancing police and customs cooperation in the European Union’, ‘Towards enhancing access to information by law enforcement agencies’, and ‘Developing a strategic concept on tackling organised crime’;

               (7)

               different legal and administrative provisions or arrangements exist in Members States on the respective roles and functions of the police forces, customs authorities and other competent authorities in relation to the prevention and combating of crime;

               (8)

               in order to avoid duplication of efforts between police forces, customs authorities and other competent authorities and to make optimum use of their complementary resources, it is essential to promote and ensure a high level of liaison and cooperation, and an effective organisational response;

               (9)

               the Council Resolution of 29 November 1996 on the drawing-up of police/customs agreements in the fight against drugs (1) urged Member States to establish agreements between police and customs services in the fight against drugs, and that the need to extend such agreements to other areas of crime has been recognised,

         HEREBY RECOMMENDS THAT MEMBER STATES:

               1.

               take the necessary steps to establish, without prejudice to national legislative and administrative provisions, formal agreements or other arrangements at national level between police forces, customs authorities and other competent authorities in relation to the prevention and combating of crime;

               2.

               incorporate, in these agreements or other arrangements, in particular, provisions covering the following matters:

                           (a)

                           precise delineation of, and respect for, the competencies of each service;

                           (b)

                           exchange and sharing of relevant information and strategic, tactical and operational intelligence, where appropriate, in particular by facilitating mutual direct or indirect access to databases, with due regard for individual rights and data protection rules;

                           (c)

                           development and promotion of best practices;

                           (d)

                           procedures for operational matters, and where appropriate:

                                       —

                                       joint actions,

                                       —

                                       joint mobile patrol squads,

                                       —

                                       joint investigation teams,

                                       —

                                       joint intelligence teams,

                                       —

                                       sharing of equipment between services and cooperation on the development, purchasing, deployment and use of technology;

                           (e)

                           exchange of liaison officers at headquarters level of the police forces, customs authorities and other competent authorities, and also at the Europol National Unit and at the national desks in Europol, with a view to enhancing mutual trust and facilitating communication, where deemed necessary and in accordance with national law;

                           (f)

                           joint training for the competent authorities, where applicable, with the support of CEPOL;

                           (g)

                           exchange of information on and, where applicable, common evaluation of the application of, analysis and investigative techniques;

                           (h)

                           exchange of criminal statistical data and, where applicable, development of a common system for the collection of such data;

                           (i)

                           as appropriate, promotion of a multi-agency platform concept at national level, consisting of officers from police forces, customs authorities and other competent authorities, in particular for the international exchange of information;

                           (j)

                           possible participation in multilateral permanent cooperation structures between police, customs and other law enforcement services in regions at the internal borders of the Member States;

                           (k)

                           putting in place close liaison arrangements at local level;

                           (l)

                           joint press statements in the case of joint actions;

               3.

               inform the Council through the General Secretariat within three years of the measures they have taken following this Recommendation;

               4.

               give effect to this Recommendation in replacement of the Resolution of 29 November 1996 on the drawing-up of police/customs agreements in the fight against drugs.

      (1)  OJ C 375, 12.12.1996, p. 1.