title: Commission Recommendation of 18 May 2005 on collective cross-border management of copyright and related rights for legitimate online music services   (Text with EEA relevance)

text:
               21.10.2005

               EN

               Official Journal of the European Union

               L 276/54

         COMMISSION RECOMMENDATION
   of 18 May 2005
   on collective cross-border management of copyright and related rights for legitimate online music services
   (Text with EEA relevance)
   (2005/737/EC)
   THE COMMISSION OF THE EUROPEAN COMMUNITIES,
   Having regard to the Treaty establishing the European Community, and in particular Article 211 thereof,
   Whereas:

               (1)

               In April 2004 the Commission adopted a Communication on the Management of Copyright and Related Rights in the Internal Market.

               (2)

               The European Parliament, in its report of 15 January 2004 (1), stated that right-holders should be able to enjoy copyright and related rights protection wherever such rights are established, independent of national borders or modes of use during the whole term of their validity.

               (3)

               The European Parliament further emphasised that any action by the Community in respect of the collective cross-border management of copyright and related rights should strengthen the confidence of artists, including writers and musicians, that the pan-European use of their creative works will be financially rewarded (2).

               (4)

               New technologies have led to the emergence of a new generation of commercial users that make use of musical works and other subject matter online. The provision of legitimate online music services requires management of a series of copyright and related rights.

               (5)

               One category of those rights is the exclusive right of reproduction which covers all reproductions made in the process of online distribution of a musical work. Other categories of rights are the right of communication to the public of musical works, the right to equitable remuneration for the communication to the public of other subject matter and the exclusive right of making available a musical work or other subject matter.

               (6)

               Pursuant to Directive 2001/29/EC of the European Parliament and of the Council of 22 May 2001 on the harmonisation of certain aspects of copyright and related rights in the information society (3) and Council Directive 92/100/EEC of 19 November 1992 on rental right and lending right and on certain rights related to copyright in the field of intellectual property (4), a licence is required for each of the rights in the online exploitation of musical works. These rights may be managed by collective rights managers that provide certain management services to right-holders as agents or by individual right-holders themselves.

               (7)

               Licensing of online rights is often restricted by territory, and commercial users negotiate in each Member State with each of the respective collective rights managers for each right that is included in the online exploitation.

               (8)

               In the era of online exploitation of musical works, however, commercial users need a licensing policy that corresponds to the ubiquity of the online environment and which is multi-territorial. It is therefore appropriate to provide for multi-territorial licensing in order to enhance greater legal certainty to commercial users in relation to their activity and to foster the development of legitimate online services, increasing, in turn, the revenue stream for right-holders.

               (9)

               Freedom to provide collective management services across national borders entails that right-holders are able to freely choose the collective rights manager for the management of the rights necessary to operate legitimate online music services across the Community. That right implies the possibility to entrust or transfer all or a part of the online rights to another collective rights manager irrespective of the Member State of residence or the nationality of either the collective rights manager or the rights-holder.

               (10)

               Fostering effective structures for cross-border management of rights should also ensure that collective rights managers achieve a higher level of rationalisation and transparency, with regard to compliance with competition rules, especially in the light of the requirements arising out of the digital environment.

               (11)

               The relationship between right-holders and collective rights managers, whether based on contract or statutory membership rules, should include a minimum protection for right-holders with respect to all categories of rights that are necessary for the provision of legitimate online music services. There should be no difference in treatment of right-holders by rights managers on the basis of the Member State of residence or nationality.

               (12)

               Royalties collected on behalf of right-holders should be distributed equitably and without discrimination on the grounds of residence, nationality, or category of right-holder. In particular, royalties collected on behalf of right-holders in Member States other than those in which the right-holders are resident or of which they are nationals should be distributed as effectively and efficiently as possible.

               (13)

               Additional recommendations on accountability, right-holder representation in the decision-making bodies of collective rights managers and dispute resolution should ensure that collective rights managers achieve a higher level of rationalisation and transparency and that right-holders and commercial users can make informed choices. There should be no difference in treatment on the basis of category of membership in the collective rights management society: all right-holders, be they authors, composers, publishers, record producers, performers or others, should be treated equally.

               (14)

               It is appropriate to continuously assess the development of the online music market,

         HEREBY RECOMMENDS:
   Definitions

               1.

               For the purposes of this Recommendation the following definitions are applied:

                           (a)

                           ‘management of copyright and related rights for the provision of legitimate online music services at Community level’ means the provision of the following services: the grant of licences to commercial users, the auditing and monitoring of rights, the enforcement of copyright and related rights, the collection of royalties and the distribution of royalties to right-holders;

                           (b)

                           ‘musical works’ means any musical work or other protected subject matter;

                           (c)

                           ‘repertoire’ means the catalogue of musical works which is administered by a collective rights manager;

                           (d)

                           ‘multi-territorial licence’ means a licence which covers the territory of more than one Member state;

                           (e)

                           ‘collective rights manager’ means any person providing the services set out in point (a) to several right-holders;

                           (f)

                           ‘online rights’ means any of the following rights:

                                       (i)

                                       the exclusive right of reproduction that covers all reproductions provided for under Directive 2001/29/EC in the form of intangible copies, made in the process of online distribution of musical works;

                                       (ii)

                                       the right of communication to the public of a musical work, either in the form of a right to authorise or prohibit pursuant to Directive 2001/29/EC or a right to equitable remuneration in accordance with Directive 92/100/EEC, which includes webcasting, internet radio and simulcasting or near-on-demand services received either on a personal computer or on a mobile telephone;

                                       (iii)

                                       the exclusive right of making available a musical work pursuant to Directive 2001/29/EC, which includes on-demand or other interactive services;

                           (g)

                           ‘right-holder’ means any natural or legal person that holds online rights;

                           (h)

                           ‘commercial user’ means any person involved in the provision of online music services who needs a licence from right-holders in order to provide legitimate online music services;

                           (i)

                           ‘reciprocal representation agreement’ means any bilateral agreement between collective rights managers whereby one collective rights manager grants to the other the right to represent its repertoire in the territory of the other.

         General

               2.

               Member States are invited to take the steps necessary to facilitate the growth of legitimate online services in the Community by promoting a regulatory environment which is best suited to the management, at Community level, of copyright and related rights for the provision of legitimate online music services.

         The relationship between right-holders, collective rights managers and commercial users

               3.

               Right-holders should have the right to entrust the management of any of the online rights necessary to operate legitimate online music services, on a territorial scope of their choice, to a collective rights manager of their choice, irrespective of the Member State of residence or the nationality of either the collective rights manager or the right-holder.

               4.

               Collective rights managers should apply the utmost diligence in representing the interests of right-holders.

               5.

               With respect to the licensing of online rights the relationship between right-holders and collective rights managers, whether based on contract or statutory membership rules, should, at least be governed by the following:

                           (a)

                           right-holders should be able to determine the online rights to be entrusted for collective management;

                           (b)

                           right-holders should be able to determine the territorial scope of the mandate of the collective rights managers;

                           (c)

                           right-holders should, upon reasonable notice of their intention to do so, have the right to withdraw any of the online rights and transfer the multi territorial management of those rights to another collective rights manager, irrespective of the Member State of residence or the nationality of either the collective rights manager or the right-holder;

                           (d)

                           where a right-holder has transferred the management of an online right to another collective rights manager, without prejudice to other forms of cooperation among rights managers, all collective rights managers concerned should ensure that those online rights are withdrawn from any existing reciprocal representation agreement concluded amongst them.

               6.

               Collective rights managers should inform right-holders and commercial users of the repertoire they represent, any existing reciprocal representation agreements, the territorial scope of their mandates for that repertoire and the applicable tariffs.

               7.

               Collective rights managers should give reasonable notice to each other and commercial users of changes in the repertoire they represent.

               8.

               Commercial users should inform collective right managers of the different features of the services for which they want to acquire online rights.

               9.

               Collective rights managers should grant commercial users licences on the basis of objective criteria and without any discrimination among users.

         Equitable distribution and deductions

               10.

               Collective rights managers should distribute royalties to all right-holders or category of right-holders they represent in an equitable manner.

               11.

               Contracts and statutory membership rules governing the relationship between collective rights managers and right-holders for the management, at Community level, of musical works for online use should specify whether and to what extent, there will be deductions from the royalties to be distributed for purposes other than for the management services provided.

               12.

               Upon payment of the royalties collective rights managers should specify vis-à-vis all the right-holders they represent, the deductions made for purposes other than for the management services provided.

         Non-discrimination and representation

               13.

               The relationship between collective rights managers and right-holders, whether based on contract or statutory membership rules should be based on the following principles:

                           (a)

                           any category of right-holder is treated equally in relation to all elements of the management service provided;

                           (b)

                           the representation of right-holders in the internal decision making process is fair and balanced.

         Accountability

               14.

               Collective rights managers should report regularly to all right-holders they represent, whether directly or under reciprocal representation agreements, on any licences granted, applicable tariffs and royalties collected and distributed.

         Dispute settlement

               15.

               Member States are invited to provide for effective dispute resolution mechanisms, in particular in relation to tariffs, licensing conditions, entrustment of online rights for management and withdrawal of online rights.

         Follow-up

               16.

               Member States and collective rights managers are invited to report, on a yearly basis, to the Commission on the measures they have taken in relation to this Recommendation and on the management, at Community level, of copyright and related rights for the provision of legitimate online music services.

               17.

               The Commission intends to assess, on a continuous basis, the development of the online music sector and in the light of this Recommendation.

               18.

               The Commission will to consider, on the basis of the assessment referred to in point 17, the need for further action at Community level.

         Addressees

               19.

               This Recommendation is addressed to the Member States and to all economic operators which are involved in the management of copyright and related rights within the Community.

      Done at Brussels, 18 May 2005.

            For the Commission

         Charlie McCREEVY

            Member of the Commission

      (1)  A5-0478/2003.

      (2)  See recital 29.

      (3)  OJ L 167, 22.6.2001, p. 10.

      (4)  OJ L 346, 27.11.1992, p. 61. Directive as amended by Directive 2001/29/EC.


Avis juridique important

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31996H0129

96/129/EC: Commission Recommendation of 12 January 1996 supplementing recommendation 93/216/EEC on the European firearms pass

Official Journal L 030 , 08/02/1996 P. 0047 - 0049

COMMISSION RECOMMENDATION of 12 January 1996 supplementing recommendation 93/216/EEC on the European firearms pass (96/129/EC)THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community, and in particular the second indent of Article 155 thereof,Whereas Council Directive 91/477/EEC of 18 June 1991 on control of the acquisition and possession of weapons (1), provides for the introduction of a European firearms pass;Whereas, in its recommendation 93/216/EEC (2) on the European firearms pass, the Commission called on the Member States to introduce the pass in conformity with the specimen annexed to that recommendation;Whereas the specimen European firearms pass must be modified following the accession of the new Member States,RECOMMENDS THAT:Article 1 The Republic of Austria, the Republic of Finland and the Kingdom of Sweden should introduce the European firearms pass in conformity with the specimen annexed hereto.Article 2 The other Member States which already issue the European firearms pass in conformity with the specimen annexed to recommendation 93/216/EEC should introduce the pass as based on the specimen annexed hereto as and when stocks of the old pass run out, and at the latest by 1 January 1998.Done at Brussels, 12 January 1996.For the CommissionMario MONTIMember of the Commission>REFERENCE TO A FILM>>REFERENCE TO A FILM>(1) OJ No L 256, 13. 9. 1991, p. 51.(2) OJ No L 93, 17. 4. 1993, p. 39.


title: Commission Recommendation of 30 May 2008 on risk reduction measures for the substances sodium chromate, sodium dichromate and 2,2′,6,6′-tetrabromo-4,4′-isopropylidenediphenol (tetrabromobisphenol A) (notified under document number C(2008) 2256) (Text with EEA relevance)

text:
               18.6.2008

               EN

               Official Journal of the European Union

               L 158/62

      COMMISSION RECOMMENDATION

   of 30 May 2008
   on risk reduction measures for the substances sodium chromate, sodium dichromate and 2,2′,6,6′-tetrabromo-4,4′-isopropylidenediphenol (tetrabromobisphenol A)
   (notified under document number C(2008) 2256)
   (Text with EEA relevance)
   (2008/454/EC)
   THE COMMISSION OF THE EUROPEAN COMMUNITIES,
   Having regard to the Treaty establishing the European Community,
   Having regard to Council Regulation (EEC) No 793/93 of 23 March 1993 on the evaluation and control of the risks of existing substances (1) and in particular Article 11(2) thereof,
   Whereas:

               (1)

               In the framework of Regulation (EEC) No 793/93 the following substances have been identified as priority substances for evaluation in accordance with Commission Regulations (EC) No 143/97 (2) and (EC) No 2364/2000 (3) respectively concerning the third and fourth list of priority substances as foreseen under Regulation (EEC) No 793/93:

                           —

                           sodium chromate,

                           —

                           sodium dichromate,

                           —

                           2,2′,6,6′-tetrabromo-4,4′-isopropylidenediphenol (Tetrabromobisphenol A).

               (2)

               The Member States designated as rapporteurs pursuant to Regulations (EEC) No 793/93 and (EC) No 143/97 have completed the risk evaluation activities with regard to man and the environment for those substances in accordance with Commission Regulation (EC) No 1488/94 of 28 June 1994 laying down the principles for the assessment of risks to man and the environment of existing substances in accordance with Council Regulation (EEC) No 793/93 (4) and have suggested a strategy for limiting the risks.

               (3)

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

               (4)

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

               (5)

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

               (6)

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

               (7)

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

         HEREBY RECOMMENDS:
   SECTION 1
   SODIUM CHROMATE

         (CAS No 7775-11-3; Einecs No 231-889-5)

   Risk reduction measures for workers (1) and the environment (2, 3, 4, 5 and 6)

               1.

               Employers using chromium (VI) compounds for use in the manufacture of pigments and dyes, the formulation of metal treatment products, electrolytic metal plating, and as mordants in wool dyeing should take note of any sector-specific guidance developed at national level, based on the practical non-binding guidance, as provided for in Article 12(2) of Council Directive 98/24/EC (6).

               2.

               The competent authorities in the Member States concerned should lay down, in the permits issued under Directive 2008/1/EC of the European Parliament and of the Council (7), conditions, emission limit values or equivalent parameters or technical measures regarding chromium (VI), in order for the installations concerned to operate according to best available techniques (hereinafter BAT) taking into account the technical characteristic of the installations concerned, their geographical location and the local environmental conditions.

               3.

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

               4.

               To facilitate permitting and monitoring under Directive 2008/1/EC chromium (VI) should be included in the ongoing work to develop guidance on BAT.

               5.

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

               6.

               For the water bodies where emissions of chromium (VI) may cause a risk, the relevant Member State(s) establish environmental quality standards (hereinafter EQS) and the national pollution reduction measures to achieve those EQS in 2015 in accordance with Directive 2000/60/EC of the European Parliament and of the Council (8).

         SECTION 2
   SODIUM DICHROMATE

         (CAS No 10588-01-9; Einecs No 234-190-3)

   Risk reduction measures for workers (7) and the environment (8, 9, 10, 11 and 12)

               7.

               Employers using chromium (VI) compounds for use in the manufacture of pigments and dyes, the formulation of metal treatment products, electrolytic metal plating, and as mordants in wool dyeing should take note of any sector-specific guidance developed at national level, based on the practical, non-binding guidance, as provided for in Article 12(2) of Directive 98/24/EC.

               8.

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

               9.

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

               10.

               To facilitate permitting and monitoring under Directive 2008/1/EC, chromium (VI) should be included in the ongoing work to develop guidance on BAT.

               11.

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

               12.

               For the water bodies where emissions of chromium (VI) may cause a risk, the relevant Member State(s) establish EQS and the national pollution reduction measures to achieve those EQS in 2015 in accordance with Directive 2000/60/EC.

         SECTION 3
   2,2′,6,6′-TETRABROMO-4,4′-ISOPROPYLIDENEDIPHENOL (TETRABROMOBISPHENOL A)

         (CAS No 79-94-7; Einecs No 201-236-9)

   Risk reduction measures for the environment (13, 14)

               13.

               The competent authorities in the Member States concerned should lay down, in the permits issued under Directive 2008/1/EC, conditions, emission limit values or equivalent parameters or technical measures regarding TBBPA in order for the installations concerned to operate according to BAT taking into account the technical characteristic of the installations concerned, their geographical location and the local environmental conditions.

               14.

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

         SECTION 4
   ADDRESSEES

               15.

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

      Done at Brussels, 30 May 2008.

            For the Commission

         Stavros DIMAS

            Member of the Commission

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

      (2)  OJ L 25, 28.1.1997, p. 13.

      (3)  OJ L 273, 26.10.2000, p. 5.

      (4)  OJ L 161, 29.6.1994, p. 3.

      (5)  OJ C 152, 18.6.2008, p. 11.

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

      (7)  OJ L 24, 29.1.2008, p. 8.

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


				|

		52013DC0354

			Recommendation for a COUNCIL RECOMMENDATION on Denmark’s 2013 national reform programme and delivering a Council opinion on Denmark’s convergence programme for 2012-2016 /* COM/2013/0354 final */

Recommendation for a
COUNCIL RECOMMENDATION
on Denmark’s 2013 national reform
programme
and delivering a Council opinion on Denmark’s convergence programme for
2012-2016
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 9(2)
thereof,
Having regard to Regulation (EU) No
1176/2011 of the European Parliament and of the Council of 16 November 2011 on
the prevention and correction of macroeconomic imbalances[2], and in particular Article 6(1)
thereof,
Having regard to the recommendation of the
European Commission[3],
Having regard to the resolutions of the
European Parliament[4],
Having regard to the conclusions of the
European Council,
Having regard to the opinion of the
Employment Committee,
After consulting the Economic and Financial
Committee,
Whereas:
(1)       On 26 March 2010, the
European Council agreed to the Commission’s proposal to launch a new strategy
for growth and jobs, Europe 2020, based on enhanced coordination of economic
policies, which will focus on the key areas where action is needed to boost
Europe’s potential for sustainable growth and competitiveness.
(2)       On 13 July 2010, on the
basis of the Commission's proposals, the Council adopted a recommendation on
the broad guidelines for the economic policies of the Member States and the
Union (2010 to 2014) and, on 21 October 2010, adopted a decision on guidelines
for the employment policies of the Member States[5],
which together form the ‘integrated guidelines’. Member States were invited to
take the integrated guidelines into account in their national economic and
employment policies.
(3)       On 29 June 2012, the Heads
of State or Government decided on a Compact for Growth and Jobs, providing a
coherent framework for action at national, EU and euro area levels using all
possible levers, instruments and policies. They decided on action to be taken
at the level of the Member States, in particular expressing full commitment to
achieving the objectives of the Europe 2020 Strategy and to implementing the
country-specific recommendations.
(4)       On 6 July 2012, the
Council adopted a recommendation on Denmark’s national reform programme for
2012 and delivered its opinion on Denmark’s updated convergence programme for 2011-2015.
(5)       On 28 November 2012, the
Commission adopted the Annual Growth Survey[6],
marking the start of the 2013 European Semester for economic policy
coordination. Also on 28 November 2012, the Commission, on the basis of
Regulation (EU) No 1176/2011, adopted the Alert Mechanism Report[7], in which it identified Denmark
as one of the Member States for which an in-depth review would be carried out.
(6)       On 14 March 2013, the
European Council endorsed the priorities for ensuring financial stability,
fiscal consolidation and action to foster growth. It underscored the need to
pursue differentiated, growth-friendly fiscal consolidation, to restore normal
lending conditions to the economy, to promote growth and competitiveness, to
tackle unemployment and the social consequences of the crisis, and to modernise
public administration.
(7)       On 10 April 2013, the
Commission published the results of its in-depth review[8] for Denmark, under Article 5 of
Regulation (EU) No 1176/2011 on the prevention and correction of macroeconomic
imbalances. The Commission’s analysis leads it to conclude that Denmark is experiencing
macroeconomic imbalances, although these are not excessive.
(8)       On 30 April 2013, Denmark
submitted its 2013 convergence programme covering the period 2012-2016 and its
2013 national reform programme. In order to take account of their
interlinkages, the two programmes have been assessed at the same time.
(9)       Based on the assessment of
the 2013 convergence programme pursuant to Council Regulation (EC) No 1466/97,
the Council is of the opinion that the macroeconomic scenario underpinning the
budgetary projections in the programme is plausible. The scenario projecting
GDP growth at 0.7% and 1.6% in 2013 and 2014 is broadly in line with the
Commission’s 2013 spring forecast of 0.7% and 1.7 %. The programme
outlines a budgetary strategy aimed at correcting the excessive deficit and to
fulfil its medium-term objective (MTO), of a structural deficit of no more than
0.5% of GDP, by 2013, reflecting the objectives of the Pact. The programme
targets a general government deficit of 1.7% of GDP in 2013 and 1.8% in 2014,
which is in line with the EDP deadline proposed by the Commission. The average
annual fiscal effort over the period 2011-2013, based on the structural budget
balance calculations, is in line with the Council recommendation under the
excessive deficit procedure. The real government expenditure (including
discretionary income measures) is estimated to show zero growth in 2013 and to
be at 0.4% in 2014, thus meeting the expenditure benchmark in both years. Public
finances in Denmark are generally sound and the country is already at its MTO. However,
also because the country has an ageing population and ambitious welfare
policies, it is crucial for Denmark to maintain a sound and sustainable framework
for fiscal policies and to keep the deficit below the 3 % of GDP reference
value in the Treaty.
(10)     In 2012, Denmark concluded
the reform of the disability pension and flex-job schemes, which came into
effect on 1 January 2013. These reforms constitute important measures to
enhance the Danish labour supply. However, improving the employability of those
furthest away from employment, including people with a migrant background, the long-term
unemployed and low-skilled workers, remains a challenge. While acknowledging
the ambitious reform agenda of the Danish government, it is important to ensure
that the renowned Danish ‘flexicurity’ model continues to facilitate a smooth
transition between unemployment and work, while also limiting marginalisation
and social exclusion. The role of education, training and skills upgrading is
important in this respect.
(11)     For Denmark, education is
rightly a clear priority. Continued efforts are nonetheless needed to improve
the quality and cost-effectiveness of its education and training systems,
including by carrying through initiated reforms. The proposed reform of the
primary and lower secondary education system points in the right direction and
can be expected to have a positive impact on the cost-effectiveness of the
school system and the quality of education, including pupils’ attainment
levels. As regards vocational training, the Danish government has taken steps
to strengthen the quality of youth vocational training and secure the necessary
private apprenticeships. A committee has been set up between the government,
municipalities, regions and social partners to find a permanent solution to
securing the necessary provision of apprenticeships and increasing the quality
of the vocational education and training (VET) system. Finding lasting and
ambitious solutions to both the lack of apprenticeships and the high drop-out
rates in the vocational youth educational system would indeed prepare Denmark
better for future skill demands on the labour market and improve productivity
performance.
(12)     Denmark could generate more
economic growth by removing obstacles to competition in local and retail
services, given the importance of this sector in the Danish economy. In 2012,
the Danish government presented a new competition act, which constitutes an
important step in the right direction. The revision of the competition law
introduced more effective mechanisms to enforce competition regulation, which
fully responds to the corresponding part of the 2012 recommendation. However,
more can be done to ensure the effectiveness of measures taken in sectoral and
public services areas to enhance competition and market functioning. Various
policy initiatives in this field are still at an early stage and continued
efforts are needed to ensure effective implementation.
(13)     There has been significant
analysis in the past year of household indebtedness at national and EU level to
assess the threats to financial and economic stability. For the moment, risks
to financial stability seem contained, but require continuous monitoring. The Danish
authorities have taken a number of measures to improve the robustness of the
mortgage credit system. These include a risk labelling scheme for housing
mortgage loans and restrictions on variable-interest and/or deferred-amortisation
loans. The mortgage credit institutes have taken, on their own initiative,
measures to ensure the provision of additional collateral. All these measures
go in the right direction, but close monitoring will be required in order to
ascertain whether they have the desired impact. The Commission will examine
Denmark's regular reports on the impact of measures taken in this context. Over
time, property taxation in Denmark should be reviewed to reduce distortions and
strengthen its countercyclical features.
(14)     In the context of the
European Semester, the Commission has carried out a comprehensive analysis of
Denmark’s economic policy. It has assessed the convergence programme and the
national reform programme, and presented an in-depth review. It has taken into
account not only their relevance for sustainable fiscal and socio-economic
policy but also their compliance with EU rules and guidance, given the need to
reinforce the overall economic governance of the European Union by providing EU-level
input into future national decisions. Its recommendations under the European
Semester are reflected in recommendations (1) to (3) below.
(15)     In the light of this
assessment, the Council has examined Denmark’s convergence programme, and its
opinion[9]
is reflected in particular in recommendation (1) below,
(16)     In the light of the
Commission’s in-depth review and this assessment, the Council has examined
Denmark’s national reform programme and convergence programme. Its
recommendations under Article 6 of Regulation (EU) No 1176/2011 on the
prevention and correction of macroeconomic imbalances are reflected in
recommendation (3) below.
HEREBY RECOMMENDS that Denmark
should take action within the period 2013-2014 to:
1.           Implement the budgetary
strategy in 2013 as envisaged, so as to ensure the correction of the excessive
deficit by 2013. Furthermore, implement the budgetary strategy for 2014 and
beyond to ensure an adequate fiscal effort to remain at the medium-term
objective.
2.           Take further steps to improve
the employability of people at the margins of the labour market, including
people with a migrant background, the long-term unemployed and low-skilled
workers. Improve the quality of vocational training to reduce drop-out rates
and increase the number of apprenticeships. Implement the reform of primary and
lower secondary education in order to raise attainment levels and improve the
cost-effectiveness of the education system.
3.           Continue efforts to remove
obstacles to competition in the services sector including in the retail and
construction sectors and enhance effectiveness in the provision of public
services.
Done at Brussels,
                                                                       For
the Council
                                                                       The
President
[1]               OJ L 209, 2.8.1997, p. 1.
[2]               OJ L 306, 23.11.2011, p. 25.
[3]               COM(2013) 354 final .
[4]               P7_TA(2013)0052 and P7_TA(2013)0053.
[5]               Council Decision 2013/208/EU of 22 April 2013.
[6]               COM(2012) 750 final.
[7]               COM(2012) 751 final.
[8]               SWD(2013) 115 final.
[9]               Under Article 9(2) of Council Regulation (EC) No
1466/97.


/* 65/42/Euratom: Commission Recommendation of 28 October 1965 to the Member States on the harmonization of legislation applying the Paris Convention of 29 July 1960 and the Brussels Supplementary Convention of 31 January 1963 */


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

text:
               9.8.2017

               EN

               Official Journal of the European Union

               C 261/114

         COUNCIL RECOMMENDATION
   of 11 July 2017
   on the 2017 National Reform Programme of Finland and delivering a Council opinion on the 2017 Stability Programme of Finland
   (2017/C 261/25)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Articles 121(2) and 148(4) thereof,
   Having regard to Council Regulation (EC) No 1466/97 of 7 July 1997 on the strengthening of the surveillance of budgetary positions and the surveillance and coordination of economic policies (1), and in particular Article 5(2) thereof,
   Having regard to Regulation (EU) No 1176/2011 of the European Parliament and of the Council of 16 November 2011 on the prevention and correction of macroeconomic imbalances (2), and in particular Article 6(1) thereof,
   Having regard to the recommendation of the European Commission,
   Having regard to the resolutions of the European Parliament,
   Having regard to the conclusions of the European Council,
   Having regard to the opinion of the Employment Committee,
   Having regard to the opinion of the Economic and Financial Committee,
   Having regard to the opinion of the Social Protection Committee,
   Having regard to the opinion of the Economic Policy Committee,
   Whereas:

               (1)

               On 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, the Commission adopted the Alert Mechanism Report, in which it identified Finland 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, Finland should ensure the full and timely implementation of the Recommendation for the euro area, as reflected in recommendations (1) to (2) below.

               (3)

               The 2017 country report for Finland was published on 22 February 2017. It assessed Finland’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 Finland’s progress towards its national Europe 2020 targets. It also included an in-depth review under Article 5 of Regulation (EU) No 1176/2011, the results of which were also published on 22 February 2017. The Commission’s analysis led it to conclude that Finland is not experiencing macroeconomic imbalances.

               (4)

               On 28 April 2017, Finland 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)

               Finland is currently in the preventive arm of the Stability and Growth Pact and subject to the debt rule. In its 2017 Stability Programme, the Government plans a deterioration in the headline balance from -1,9 % of GDP in 2016 to -2,3 % in 2017, followed by steady improvement thereafter, reaching -0,2 % in 2020. The medium-term budgetary objective — a deficit of 0,5 % of GDP in structural terms — is projected to be met from 2019 onwards. However, based on the recalculated (5) structural balance, the medium-term budgetary objective will only be achieved as of 2020. According to the 2017 Stability Programme, the general government debt-to-GDP ratio is expected to peak at 64,7 % in 2017 and to decline to 62,7 % in 2020. The macroeconomic scenario underpinning those budgetary projections appears to be favourable especially regarding 2018 and 2019. The scenario is based on an expectation that employment would expand by close to 2 % per year in 2018-2019 which is significantly more than the annual average increase over the past 10 years (+0,2 %).

               (7)

               On 22 May 2017, the Commission issued a report under Article 126(3) of the TFEU, as Finland’s general government debt exceeded the 60 %-of-GDP reference value. The report concluded, following an assessment of all the relevant factors, that the debt criterion should be considered as complied with.

               (8)

               The 2017 Stability Programme indicates that the budgetary impact of the exceptional inflow of refugees is significant and provides adequate evidence of the scope and nature of these additional budgetary costs. According to the 2017 Stability Programme, the costs were 0,34 % of GDP in 2016. According to the Commission, the eligible additional expenditure in 2016 amounted to 0,17 % of GDP. The provisions set out in Articles 5(1) and 6(3) of Regulation (EC) No 1466/97 cater for this additional expenditure, in that the inflow of refugees is an unusual event, its impact on Finland’s public finances is significant and sustainability would not be compromised by allowing for a temporary deviation from the adjustment path towards the medium-term budgetary objective. Therefore, the required adjustment towards the medium-term budgetary objective for 2016 has been reduced to take into account these costs. According to the 2017 Stability Programme, the costs related to the exceptional inflow of refugees are projected to decrease by 0,15 % of GDP in 2017. The Commission will make a final assessment on 2017, including on the eligible amounts, in spring 2018 on the basis of observed data as provided by the Finnish authorities.

               (9)

               In its 2017 Draft Budgetary Plan, Finland requested to avail itself of the flexibility under the preventive arm pursuant to the ‘Commonly agreed position on Flexibility within the Stability and Growth Pact’ endorsed by the ECOFIN Council in February 2016 in view of the planned implementation of major structural reforms with a positive impact on the long-term sustainability of public finances (request for 0,5 % of GDP flexibility) and national expenditures on projects co-financed by the Union under the ESI Funds (request for 0,1 % of GDP flexibility).

               (10)

               The request for flexibility for structural reforms refers to reforms in the labour market, in particular the Competitiveness Pact and the pension reform. For more than 90 % of employees, the Pact freezes wages for 12 months, and permanently increases the annual working time by 24 hours without compensation. In addition, employees will permanently pay a larger proportion of the contributions to social security. To compensate for the wage freeze and the increased cost burden for employees, the Government lowered the taxes on earned income permanently as from 2017. The pension reform will raise the lowest statutory retirement age from 63 to 65 by 2027; thereafter, the retirement age will be linked to life expectancy. Both reforms came into force in 2017. As a result of the Competitiveness Pact, improved cost competitiveness could lead to higher employment and an increase in real GDP of some 1,5 %-2 % as presented in the 2017 Draft Budgetary Plan. Given the nature of the measure, there are uncertainties surrounding the estimates for employment or GDP, but they seem to be broadly plausible. Therefore, these reforms will have a positive impact on the sustainability of public finances. Furthermore, the results of the detailed assessment of the output gap estimate for 2017 carried out on the basis of the Commission 2017 spring forecast suggest that Finland meets the minimum benchmark in 2017. As an additional assurance to safeguard the 3 %-of-GDP deficit reference value, the Government has publicly committed to take additional measures in 2017, if necessary, to ensure compliance with the fiscal rules, including the observance of the 3 %-of-GDP Treaty reference value. On this basis, Finland can currently be assessed as qualifying for the requested temporary deviation of 0,5 % of GDP in 2017, provided that it adequately implements the agreed reforms, which will be monitored under the European Semester.

               (11)

               Regarding the request for flexibility for additional investment, the information provided by the 2017 Stability Programme appears to confirm that Finland’s temporary deviation from the adjustment path towards the medium-term budgetary objective in 2017 is being effectively used for the purposes of increasing investments. Therefore, and also taking into account the above-mentioned elements regarding the minimum benchmark and that the detailed assessment of the output gap estimate confirms that Finland is experiencing bad economic times, Finland can currently be assessed as qualifying for a temporary deviation of 0,1 % of GDP in 2017 to take account of national investment expenditure in projects co-financed by the Union. The Commission will carry out an ex post assessment in order to verify the actual amount of the national expenditure in co-financed investment projects and of the related allowance.

               (12)

               On 12 July 2016, the Council recommended Finland to achieve an annual fiscal adjustment of at least 0,6 % of GDP towards the medium-term budgetary objective in 2017. The Commission 2017 spring forecast indicates scope for an additional temporary deviation of 0,6 % of GDP in 2017 under the structural and investment clauses while ensuring a continued respect of the minimum benchmark (i.e. a structural deficit of 1,1 % of GDP). On that basis, the structural balance would be allowed to deteriorate by 0,5 % of GDP in 2017. Based on the Commission 2017 spring forecast, Finland would be compliant with the preventive arm requirements. If the current updated estimate of the decrease of the budgetary impact in 2017 stemming from the exceptional inflow of refugees were taken into account, the conclusion of the overall assessment would not change. For 2018, Finland should achieve its medium-term budgetary objective, taking into account the allowance in relation to unusual events (granted for 2016) as well as the allowances related to the implementation of the structural reforms and investments (granted for 2017) (6). Based on the Commission 2017 spring forecast, this is consistent with a maximum nominal growth rate of net primary government expenditure (7) of 1,6 %, corresponding to an annual structural adjustment of 0,1 % of GDP. Under unchanged policies, Finland would be compliant with the preventive arm requirements in 2018. If the current updated estimate of the decrease of the budgetary impact in 2017 stemming from the exceptional inflow of refugees were taken into account, the conclusion of the overall assessment would not change. At the same time, Finland is prima facie forecast not to comply with the debt reduction benchmark in 2017 and 2018. Overall, the Council is of the opinion that Finland needs to stand ready to take further measures to ensure compliance.

               (13)

               Due to an ageing population and a declining workforce, expenditure on pensions, health and long-term care is set to increase from 23 % of GDP in 2013 to 27 % by 2030. In January 2017, a pension reform entered into force that will raise the lowest statutory retirement age from 63 to 65 by 2027 and will link the statutory retirement age to changes in life expectancy. The costs of social and healthcare services, currently a responsibility of the municipalities, amount to 10 % of GDP. Without a reform of the system, that expenditure is forecast to grow by 4,4 % annually in the coming years in nominal terms and increase as a share of GDP. The reforms’ main aims include the reduction of the long-run sustainability gap in public finances through better control of the costs. This will be achieved through the integration of services, larger entities as providers of services and digitalisation. The first batch of legislative proposals for the social and healthcare service reforms was presented to the Parliament in March 2017. These laws will establish the legal framework for the 18 new counties that will take over responsibility for the social and healthcare services from the municipalities as from 2019. The legislative proposals for the most controversial parts of the reform, in particular on the patients’ freedom to choose their service provider, have been submitted to Parliament in the beginning of May 2017 and will need to be adopted in order to be implemented from 2019 as planned.

               (14)

               Wage increases have been moderate over recent years. The average year-on-year increase in negotiated wages was 0,7 % in 2014-2016. Due to weak growth of labour productivity, cost competitiveness has improved only gradually. In 2016 the social partners signed the Competitiveness Pact aimed at improving Finland’s cost competitiveness in a stepwise manner in 2017. For more than 90 % of employees, the Competitiveness Pact freezes wages for 12 months and increases annual working time permanently by 24 hours without additional compensation. In addition, employees will permanently pay a larger proportion of social contributions. These measures are expected to support the expansion of exports and employment in the coming years. The upcoming wage negotiation round in the latter half of 2017 will be crucial to secure these expected positive effects as the Competitiveness Pact did not fully close the cost-competitiveness gap with peer economies.

               (15)

               The labour market situation started to improve gradually in 2016, but challenges remain. Employment in the manufacturing sector declined by 21 % between 2008 and 2015. Other sectors such as construction, real estate and healthcare, are showing signs of labour shortages. This highlights the need for targeted active labour market policies and continued investments in adult learning and in vocational training to enable occupational mobility. The ratio of open vacancies to employment was in 2016 almost as high as in 2007, while the unemployment rate was two percentage points higher. This may reflect mismatches between labour demand and supply, low attractiveness of certain vacant jobs or limited incentives to take up work. Continued efforts are needed to ensure better labour market outcomes for the inactive, especially those in the 25-39 age group, the long-term unemployed and migrants. Ensuring improved social and labour market outcomes of people with migrant background will also require continued investments in their education.

               (16)

               In terms of activation, the complex benefits system, with its different types of allowances, can result in significant inactivity and low-wage traps, as well as bureaucratic problems when reinstating benefits. It would be crucial that such traps be addressed. To increase the incentives to accept job offers, the obligation for the unemployed to accept a job offer and the obligation to participate in activation schemes have been tightened. In addition, the duration of earnings-related unemployment benefits was reduced. Positive incentives, such as allowing the use of basic unemployment benefit as mobility and wage subsidies to activate jobseekers, were introduced. Further increased incentives to accept work could be complemented with the elimination of existing bureaucratic barriers to take up a job or to become an entrepreneur.

               (17)

               Non-cost competitiveness acts as a drag on export performance and may limit the attractiveness of Finland for foreign investors. Structural change is unfolding, but has slowed down recently. Progress has been made in opening up services sectors such as retail trade and transport to competition, and proposals have been put forward to increase competition in other domestic service sectors. While international comparisons rank Finland among the leading countries in the world in terms of its business environment and investment appeal, the existing stock of inward investments in Finland is below the Union average when compared to the size of the economy.

               (18)

               In the context of the 2017 European Semester, the Commission has carried out a comprehensive analysis of Finland’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 Finland in previous years. It has taken into account not only the relevance of the programmes and follow-up measures for sustainable fiscal and socioeconomic policy in Finland, 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.

               (19)

               In the light of this assessment, the Council has examined the 2017 Stability Programme and its opinion (8) is reflected in particular in recommendation (1) below,

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

               1.

               Pursue its fiscal policy in line with the requirements of the preventive arm of the Stability and Growth Pact, which entails achieving its medium-term budgetary objective in 2018, taking into account the allowances linked to unusual events, the implementation of the structural reforms and investments for which a temporary deviation is granted. Ensure timely adoption and implementation of the administrative reform to improve cost-effectiveness of social and healthcare services.

               2.

               Promote the further alignment of wages with productivity developments, fully respecting the role of social partners. Take targeted active labour market policy measures to address employment and social challenges, provide incentives to accept work and promote entrepreneurship.

               3.

               Continue to improve the regulatory framework and reduce the administrative burden to increase competition in services and to promote investment.

      Done at Brussels, 11 July 2017.

            For the Council

            The President

         T. TÕNISTE

      (1)  OJ L 209, 2.8.1997, p. 1.

      (2)  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)  Cyclically-adjusted balance net of one-off and temporary measures, recalculated by the Commission using the commonly agreed methodology.

      (6)  Finland is allowed to deviate from its medium-term budgetary objective in 2018 because temporary deviations are carried forward for a period of three years.

      (7)  Net government expenditure comprises total government expenditure excluding interest expenditure, expenditure on Union programmes fully matched by Union funds revenue and non-discretionary changes in unemployment benefit expenditure. Nationally financed gross fixed capital formation is smoothed over a 4-year period. Discretionary revenue measures or revenue increases mandated by law are factored in. One-off measures on both the revenue and expenditure sides are netted out.

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


title: Recommendation of the European Central Bank of 28 October 2016 to the Council of the European Union on the external auditors of the Central Bank of Ireland (ECB/2016/29)

text:
               10.11.2016

               EN

               Official Journal of the European Union

               C 413/1

         RECOMMENDATION OF THE EUROPEAN CENTRAL BANK
   of 28 October 2016
   to the Council of the European Union on the external auditors of the Central Bank of Ireland
   (ECB/2016/29)
   (2016/C 413/01)
   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 national central banks of the Member States whose currency is the euro are audited by independent external auditors recommended by the ECB’s Governing Council and approved by the Council of the European Union.

               (2)

               The mandate of the Central Bank of Ireland’s current external auditors, Grant Thornton, ended following the audit for the financial year 2015. It is therefore necessary to appoint external auditors from the financial year 2016.

               (3)

               The Central Bank of Ireland has selected Mazars as its external auditors for the financial years 2016 to 2020,

         HAS ADOPTED THIS RECOMMENDATION:
   It is recommended that Mazars should be appointed as the external auditors of the Central Bank of Ireland for the financial years 2016 to 2020.

      Done at Frankfurt am Main, 28 October 2016.

            The President of the ECB

         Mario DRAGHI


title: Council Recommendation of 9 July 2013 on the National Reform Programme 2013 of Italy and delivering a Council opinion on the Stability Programme of Italy, 2012-2017

text:
               30.7.2013

               EN

               Official Journal of the European Union

               C 217/42

      COUNCIL RECOMMENDATION

   of 9 July 2013
   on the National Reform Programme 2013 of Italy and delivering a Council opinion on the Stability Programme of Italy, 2012-2017
   2013/C 217/11
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Articles 121(2) and 148(4) thereof,
   Having regard to Council Regulation (EC) No 1466/97 of 7 July 1997 on the strengthening of the surveillance of budgetary positions and the surveillance and coordination of economic policies (1), and in particular Article 5(2) thereof,
   Having regard to Regulation (EU) No 1176/2011 of the European Parliament and of the Council of 16 November 2011 on the prevention and correction of macroeconomic imbalances (2) and in particular Article 6(1) thereof,
   Having regard to the recommendation of the European Commission,
   Having regard to the conclusions of the European Council,
   Having regard to the opinion of the Employment Committee,
   Having regard to the opinion of the Economic and Financial Committee,
   Having regard to the opinion of the Social Protection Committee,
   Having regard to the opinion of the Economic Policy Committee,
   Whereas:

               (1)

               On 26 March 2010, the European Council agreed to the Commission’s proposal to launch a new strategy for jobs and growth, Europe 2020, based on enhanced coordination of economic policies, which focuses on the key areas where action is needed to boost Europe’s potential for sustainable growth and competitiveness.

               (2)

               On 13 July 2010, the Council adopted a recommendation on the broad guidelines for the economic policies of the Member States and the Union (2010 to 2014) and, on 21 October 2010, it adopted a decision on guidelines for the employment policies of the Member States (3), which together form the ‘integrated guidelines’. Member States were invited to take the integrated guidelines into account in their national economic and employment policies.

               (3)

               On 29 June 2012, the Member States’ Heads of State or Government decided on a Compact for Growth and Jobs, providing a coherent framework for action at national, EU and euro area levels using all possible levers, instruments and policies. They decided on action to be taken at the level of the Member States, in particular expressing full commitment to achieving the objectives of the Europe 2020 strategy and to implementing the country-specific recommendations.

               (4)

               On 10 July 2012, the Council adopted a recommendation (4) on Italy’s National Reform Programme for 2012 and delivered its opinion on Italy’s Stability Programme for 2012-2015.

               (5)

               On 28 November 2012, the Commission adopted the Annual Growth Survey, marking the start of the 2013 European Semester of economic policy coordination. Also on 28 November 2012, the Commission, on the basis of Regulation (EU) No 1176/2011, adopted the Alert Mechanism Report, in which it identified Italy as one of the Member States for which an in-depth review would be carried out.

               (6)

               The European Parliament has been duly involved in the European Semester, in accordance with Regulation (EC) No 1466/97, and, on 7 February 2013, adopted a resolution on employment and social aspects in the Annual Growth Survey 2013 and a resolution on the contribution to the Annual Growth Survey 2013.

               (7)

               On 14 March 2013, the European Council endorsed the priorities for ensuring financial stability, fiscal consolidation and action to foster growth. It underscored the need to pursue differentiated, growth-friendly fiscal consolidation, to restore normal lending conditions to the economy, to promote growth and competitiveness, to tackle unemployment and the social consequences of the crisis, and to modernise public administration.

               (8)

               On 10 April 2013, the Commission published the results of its in-depth review for Italy, under Article 5 of Regulation (EU) No 1176/2011. The Commission’s analysis leads it to conclude that Italy is experiencing macroeconomic imbalances, which require determined policy action. In particular, the loss of external competitiveness as well as high public indebtedness in an environment of protracted subdued growth continue to be identified as Italy’s main macroeconomic imbalances.

               (9)

               On 11 April 2013, Italy submitted its 2013 National Reform Programme and its Stability Programme for the period 2012-2017. Following this submission, the new Government appointed on 28 April indicated the intention to strengthen the structural reform agenda, while confirming the budgetary targets put forward in the Stability Programme. On 17 May, a decree law was adopted containing new provisions on real estate taxation and the extension of the wage supplementation scheme for under-employed workers. In order to take account of their interlinkages, the two Programmes and the new measures taken by the Government have been assessed at the same time.

               (10)

               Based on the assessment of the Stability Programme pursuant to Regulation (EC) No 1466/97, the Council is of the opinion that the macroeconomic scenario underpinning the budgetary projections in the Programme is optimistic for 2014, when compared with the Commission services 2013 spring forecast. That scenario is plausible as of 2015. However, this is under the assumption of the full implementation of the adopted structural reforms, which remains challenging. The budgetary strategy outlined in the Stability Programme was confirmed by the new Government and endorsed by Parliament. It aims at maintaining the deficit below the 3 % of GDP Treaty reference value throughout the Programme period, reaching the medium-term objective (MTO) in 2013 and putting the debt to GDP ratio on a declining path as from 2014. The Stability Programme confirms the MTO of a balanced budgetary position in structural terms, which is in line with the Stability and Growth Pact. The deficit was brought to the 3 % of GDP Treaty reference value in 2012 and, according to the Commission services 2013 spring forecast, it is expected to remain below the Treaty reference value in 2013-14. The provisions adopted by the Italian government on 17 May are assessed as having no significant impact on the deficit, if consistently implemented. As described in the Decision abrogating the excessive deficit procedure adopted by the Council on 21 June 2013, two safeguard clauses have been enacted in legislation to ensure the achievement of the budgetary targets. After improving by 2,7 percentage points of GDP in cumulative terms between 2009 and 2012, and assuming no further policy changes, the structural balance as a share of GDP is forecast to improve by a further percentage point in 2013, to -0,5 %, and then deteriorate marginally in 2014.
               The structural primary balance would reach nearly 5 % of GDP in 2014. The forecast structural adjustment for 2013 is appropriate, also based on an analysis of expenditure net of discretionary revenue measures, while for 2014, on the basis of the Commission services 2013 spring forecast, it shows a deviation from the adjustment path towards the MTO. The Stability Programme projects the government debt ratio to peak in 2013 and to start declining thereafter, also thanks to foreseen privatisation proceeds amounting to 1 percentage point of GDP per year. In the forecast however, the debt to GDP ratio continues increasing to 132,2 % of GDP by 2014 on a no-policy change assumption, also due to the settlement of commercial debt, which adds around 2,5 percentage points over 2013-2014, while no privatisation proceeds are included as the details have not yet been specified. As of 2013, Italy is in a three-year transitional period regarding compliance with the debt criterion and the debt trajectory in the Stability Programme ensures sufficient progress towards compliance with it. However, the deficit and debt projections in the Stability Programme are predicated upon full implementation of the budgetary measures and adoption of structural reforms, which are essential to anchor market confidence and boost growth and jobs.

               (11)

               While important reforms have been adopted to foster fiscal sustainability and to spur growth, their full implementation remains a challenge and there is scope for further action. A number of key proposed measures have not yet been approved or still require enacting legislation and there are risks that their concrete application is not consistently followed up through all levels of government. Despite the action undertaken, public administration efficiency in terms of the regulatory and procedural framework, quality of governance and administrative capacity, continue to suffer from weaknesses that affect the implementation of reforms and the business environment.

               (12)

               Completing the civil justice reform by swiftly implementing the revision of the courts’ organisation and reducing the excessive duration of case-handling, court backlogs and the high level of litigation is necessary to improve the business environment. Following a Constitutional Court ruling on mediation in October 2012, action is needed to promote the use of out-of-court dispute-settlement mechanisms. Corruption represents a serious concern implying costs estimated at 4 % of GDP, which severely hinders the potential for economic recovery. The Anti-Corruption Law of November 2012 requires follow-up action, and the effectiveness of the repression of corruption could be further improved, in particular with regard to the statute of limitations currently characterised by short prescription terms.

               (13)

               The ambitious fiscal consolidation strategy enacted so far has been accompanied by the introduction of a balanced budget rule in the Constitution in April 2012 and action to improve the efficiency and quality of public expenditure. However, gaps in implementation have hampered the full effectiveness of the action taken. Political stalemate has blocked the necessary reduction of the number of provinces. The Cohesion Action Plan made it possible to speed up the absorption of structural funds accounting for about EUR 11,9 billion in three consecutive phases. Nevertheless, the improvement of the overall management of funds continues to lack ambition especially in the South of Italy raising serious concerns in view of the 2014-2020 programming period. This leaves ample scope for enhancing the efficiency of public expenditure.

               (14)

               Banks traditionally play a decisive role in supporting Italian economic activity, notably through lending to small firms, but their ability to take on this role has been weakened due to the prolonged economic recession. Increased credit risk, with a large and rising stock of non-performing loans, has contributed to a contraction in lending and exacerbates the banks’ low profitability. In response, the Bank of Italy is assessing the adequacy of provisioning for impaired loans with on-site inspections. Specific corporate governance features of some Italian banks may limit the effectiveness of their financial intermediation. Measures were adopted to encourage the use of non-bank financing channels, in particular equity financing and corporate bond financing, and to foster innovation capacity, but their scope remains limited and they have not yet been fully implemented. The transposition of Directive 2000/35/EC of the European Parliament and of the Council of 29 June 2000 on combating late payment in commercial transactions (5) and the planned settlement of the accumulated stock of commercial debt will contribute to improving the liquidity of firms.

               (15)

               A wide-ranging labour-market reform was adopted in June 2012, addressing the rigidities and segmentation of the labour market. The reform needs to be completed by adopting pending implementing legislation and its concrete operationalisation on the ground, carefully monitored. Moreover, public employment services have yet to be integrated with the unemployment benefit administration to support the implementation of efficient activation strategies. A new wage-setting framework was defined by social partners in successive agreements over 2011-2013. It is supported by tax incentives to foster better alignment of wages with productivity and with local labour-market conditions. This framework should be effectively implemented and progressively adjusted on the basis of the monitoring of results.

               (16)

               Youth unemployment and the proportion of young people not in employment, education or training continued to increase, reaching 37 % and 21,1 % respectively by the end of 2012. Both the tertiary education attainment and the employment rate for young tertiary graduates are the lowest in the Union, which shows that the skills of young graduates are not properly aligned to job market requirements. Although moderately declining, early school leaving remains high. This raises concerns as regards the performance of the education system. One of the key elements in this regard is the teaching profession, which is currently characterised by a single career pathway and offers limited prospects in terms of professional development. The participation of women in the labour market remains weak and the employment gender gap is one of the highest in the Union. The risk of poverty and social exclusion, and in particular severe material deprivation, are markedly on the rise, while the social protection system has increasing difficulties coping with social needs since it is dominated by pension expenditure.

               (17)

               The structure of the tax system remains complex and weighs heavily on labour and capital. After the effort undertaken in 2010-2011, additional measures adopted to shift the tax burden from the productive factors onto consumption, property and the environment have been more limited. Action is still needed to simplify the tax system, streamline tax expenditures, align the property tax base with market values, enhance compliance and discourage evasion. Pending a revision of cadastral values, the envisaged reform of real estate taxation will aim at improving its fairness, within the constraints of the budgetary strategy laid out in the Stability Programme. Reducing the shadow economy and undeclared work can benefit public finances and have positive implications for equity. The review of VAT exemptions or reduced rates and of direct tax expenditures may require some adjustment in social transfers to minimise its distributional impact.

               (18)

               Notable efforts have been made towards liberalisation in the services sector. However, the reform of regulated professions should be taken further to address remaining restrictions, and its key principles should be safeguarded against possible setbacks, particularly stemming from the reform of the legal profession. Following the ruling of the Constitutional Court in July 2012, action to open local public services to competition is also important. Following up on proposals from the Italian Competition Authority as foreseen by the Italian legislation will help address these issues.

               (19)

               The reform of the network industries is ongoing in terms of opening market access and improving infrastructure capacity but important challenges remain. The unbundling in the gas sector is nearly completed and the March 2013 National Strategy for Energy needs to be further pursued. Opening telecommunications to competition is a further potential field of action. The new transport authority responsible for highways, airports, ports and railways has not yet been set up. It should be independent, supplied with the resources it needs to function and have powers to sanction. There is also a serious problem of internal and cross-border shortcomings in infrastructure, with North-South disparities, contributing to high energy prices, low broadband penetration and transport bottlenecks.

               (20)

               In the context of the European Semester, the Commission has carried out a comprehensive analysis of Italy’s economic policy. It has assessed the National Reform Programme and Stability Programme and presented an in-depth review. It has taken into account not only their relevance for sustainable fiscal and socioeconomic policy in Italy, but also their compliance with EU rules and guidance, given the need to reinforce the overall economic governance of the Union by providing EU-level input into future national decisions. Its recommendations under the European Semester are reflected in recommendations (1) to (6) below.

               (21)

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

               (22)

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

               (23)

               In the context of the European Semester the Commission has also carried out an analysis of the economic policy of the euro area as a whole. On this basis, the Council has issued specific recommendations addressed to the Member States whose currency is the euro (7). As a country whose currency is the euro, Italy should also ensure the full and timely implementation of those recommendations,

         HEREBY RECOMMENDS that Italy take action within the period 2013-2014 to:

               1.

               Ensure that the deficit remains below the 3 % of GDP Treaty reference value in 2013, by fully implementing the adopted measures. Pursue the structural adjustment at an appropriate pace and through growth-friendly fiscal consolidation so as to achieve and maintain the MTO as from 2014. Achieve the planned structural primary surpluses in order to put the very high debt-to-GDP ratio on a steadily declining path. Continue pursuing a durable improvement of the efficiency and quality of public expenditure by fully implementing the measures adopted in 2012 and taking the effort forward through regular in depth spending reviews at all levels of government.

               2.

               Ensure timely implementation of on-going reforms by swiftly adopting the necessary enacting legislation, following it up with concrete delivery at all levels of government and with all relevant stakeholders, and monitoring their impact. Reinforce the efficiency of public administration and improve coordination between layers of government. Simplify the administrative and regulatory framework for citizens and business and reduce the duration of case-handling and the high levels of litigation in civil justice, including by fostering out-of-court settlement procedures. Strengthen the legal framework for the repression of corruption, including by revising the rules governing limitation periods. Adopt structural measures to improve the management of EU funds in the southern regions with regard to the 2014-2020 programming period.

               3.

               Extend good corporate governance practices to the whole banking sector conducive to higher efficiency and profitability to support the flow of credit to productive activities. Take forward the ongoing work as regards asset-quality screening across the banking sector and facilitate the resolution of non-performing loans on banks’ balance sheets. Promote further the development of capital markets to diversify and enhance firms’ access to finance, especially into equity, and in turn foster their innovation capacity and growth.

               4.

               Ensure the effective implementation of the labour-market and wage-setting reforms to allow better alignment of wages to productivity. Take further action to foster labour-market participation, especially of women and young people, for example through a Youth Guarantee. Strengthen vocational education and training, ensure more efficient public employment services and improve career and counselling services for tertiary students. Reduce financial disincentives for second earners to work and improve the provision of care, especially child- and long-term care, and out-of-school services. Step up efforts to prevent early school leaving. Improve school quality and outcomes, also by enhancing teachers’ professional development and diversifying career development. Ensure the effectiveness of social transfers, notably through better targeting of benefits, especially for low-income households with children.

               5.

               Shift the tax burden from labour and capital to consumption, property and the environment in a budgetary neutral manner. To this purpose, review the scope of VAT exemptions and reduced rates and of direct tax expenditures, and reform the cadastral system to align the tax base of recurrent immovable property to market values. Pursue the fight against tax evasion, improve tax compliance and take decisive steps against the shadow economy and undeclared work.

               6.

               Ensure the proper implementation of the measures aimed at market opening in the services sector. Remove remaining restrictions in professional services and foster market access, for instance, in the provision of local public services where the use of public procurement should be advanced, instead of direct concessions. Pursue the deployment of measures taken to improve market access conditions in network industries, in particular by setting up the Transport Authority as a priority. Upgrade infrastructure capacity with a focus on energy interconnections, intermodal transport and high-speed broadband in telecommunications, also with a view to tackling the North-South disparities.

      Done at Brussels, 9 July 2013.

            For the Council

            The President

         R. ŠADŽIUS

      (1)  OJ L 209, 2.8.1997, p. 1.

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

      (3)  Maintained for 2013 by Council Decision2013/208/EU of 22 April 2013 on guidelines for the employment policies of the Member States (OJ L 118, 30.4.2013, p. 21).

      (4)  OJ C 219, 24.7.2012, p. 46.

      (5)  OJ L 200, 8.8.2000, p. 35.

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

      (7)  See page 97 of the current Official Journal.


title: Recommendation for a Council opinion in accordance with the third paragraph of Article 9 of Council Regulation (EC) No 1466/97 of 7 July 1997 on the Updated Convergence Programme of Denmark, 2002-2010

text: ---pagebreak---  ---pagebreak---  ---pagebreak---  ---pagebreak---  ---pagebreak---  ---pagebreak---


COMMISSION RECOMMENDATION ADDRESSED TO MEMBER STATES CONCERNING THE CUSTOMS TREATMENT APPLICABLE TO GOODS RE-IMPORTED AFTER TEMPORARY EXPORT FOR PURPOSES OF PROCESSING, MANUFACTURE OR REPARATION


title: Recommendation of the European Central Bank of 10 December 2015 to the Council of the European Union on the external auditors of Národná banka Slovenska (ECB/2015/45)

text:
               18.12.2015

               EN

               Official Journal of the European Union

               C 425/1

         RECOMMENDATION OF THE EUROPEAN CENTRAL BANK
   of 10 December 2015
   to the Council of the European Union on the external auditors of Národná banka Slovenska
   (ECB/2015/45)
   (2015/C 425/01)
   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 national central banks of the Member States whose currency is the euro are audited by independent external auditors recommended by the ECB’s Governing Council and approved by the Council of the European Union.

               (2)

               The mandate of Národná banka Slovenska’s current external auditors, Ernst & Young Slovakia, spol. s r.o., ended following the audit for the financial year 2014. It is therefore necessary to appoint external auditors from the financial year 2015.

               (3)

               Národná banka Slovenska has selected Ernst & Young Slovakia, spol. s r.o. as its external auditors for the financial years 2015 and 2016,

         HAS ADOPTED THIS RECOMMENDATION:
   It is recommended that Ernst & Young Slovakia, spol. s r.o. should be appointed as the external auditors of Národná banka Slovenska for the financial years 2015 and 2016.

      Done at Frankfurt am Main, 10 December 2015.

            The President of the ECB

         Mario DRAGHI


Avis juridique important

|

31978K1006

Commission Recommendation No 1006/78/ECSC of 18 May 1978 imposing a definitive anti-dumping duty on certain galvanized sheets and plates originating in the German Democratic Republic

Official Journal L 131 , 19/05/1978 P. 0008 - 0009 Spanish special edition: Chapter 11 Volume 28 P. 0006  Portuguese special edition Chapter 11 Volume 28 P. 0006

****( 1 ) OJ NO L 114 , 5 . 5 . 1977 , P . 6 .  ( 2 ) OJ NO L 352 , 31 . 12 . 1977 , P . 13 .  ( 3 ) OJ NO C 19 , 24 . 1 . 1978 , P . 7 .  ( 4 ) OJ NO L 50 , 22 . 2 . 1978 , P . 13 .  ( 5 ) COMMUNICATION FROM THE COMMISSION OF 31 DECEMBER 1977 CONCERNING THE BASIC PRICES OF CERTAIN STEEL PRODUCTS ( OJ NO L 353 , 31 . 12 . 1977 , P . 1 .)    COMMISSION RECOMMENDATION NO 1006/78/ECSC   OF 18 MAY 1978   IMPOSING A DEFINITIVE ANTI-DUMPING DUTY ON CERTAIN GALVANIZED SHEETS AND PLATES ORIGINATING IN THE GERMAN DEMOCRATIC REPUBLIC   THE COMMISSION OF THE EUROPEAN   COMMUNITIES ,   HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN COAL AND STEEL COMMUNITY , AND IN PARTICULAR ARTICLES 74 AND 86 THEREOF ,   HAVING REGARD TO COMMISSION RECOMMENDATION 77/329/ECSC OF 15 APRIL 1977 ON PROTECTION AGAINST DUMPING OR THE GRANTING OF BOUNTIES OR SUBSIDIES BY COUNTRIES WHICH ARE NOT MEMBERS OF THE EUROPEAN COAL AND STEEL COMMUNITY ( 1 ), AS AMENDED BY RECOMMENDATION NO 3004/77/ECSC ( 2 ), AND IN PARTICULAR ARTICLES 17 AND 19 THEREOF ,   HAVING HEARD THE OPINIONS EXPRESSED WITHIN THE ADVISORY COMMITTEE PROVIDED FOR BY RECOMMENDATION 77/329/ECSC ,   WHEREAS THE COMMISSION HAS RECEIVED A COMPLAINT , SUBMITTED IN THE NAME OF THE RELEVANT COMMUNITY INDUSTRY , SETTING OUT EVIDENCE AS TO THE EXISTENCE OF DUMPING OF CERTAIN GALVANIZED SHEETS AND PLATES ORIGINATING IN THE GERMAN DEMOCRATIC REPUBLIC AND IN CERTAIN OTHER COUNTRIES AND MATERIAL INJURY RESULTING THEREFROM ;   WHEREAS , SINCE THE INFORMATION RECEIVED INDICATED THAT THE COMPLAINT WAS ADMISSIBLE AND THAT DEFENSIVE MEASURES MIGHT BE NECESSARY , THE COMMISSION OFFICIALLY NOTIFIED THE IMPORTERS AND EXPORTERS KNOWN TO BE CONCERNED , PUBLISHED IN THE OFFICIAL JOURNAL OF THE EUROPEAN COMMUNITIES A NOTICE OF THE INITIATION OF AN INQUIRY CONCERNING THE IMPORTS IN QUESTION ( 3 ), AND COMMENCED AN EXAMINATION OF THE MATTER IN COOPERATION WITH THE MEMBER STATES ;   WHEREAS , SINCE PRELIMINARY EXAMINATION OF THE MATTER SHOWED THAT THERE WAS DUMPING AND SUFFICIENT EVIDENCE OF INJURY AND THE INTERESTS OF THE COMMUNITY CALLED FOR IMMEDIATE INTERVENTION , THE COMMISSION , BY RECOMMENDATION NO 359/78/ECSC ( 4 ), IMPOSED A PROVISIONAL ANTI-DUMPING DUTY ON THE IMPORTS IN QUESTION ;   WHEREAS , IN THE COURSE OF THE EXAMINATION OF THE MATTER , COMPLETED AFTER THE IMPOSITION OF THE PROVISIONAL ANTI-DUMPING DUTY , THE COMMISSION GAVE INTERESTED PARTIES THE OPPORTUNITY TO MAKE KNOWN THEIR VIEWS ;   WHEREAS , HOWEVER , IN SO FAR AS INTERESTED PARTIES DID NOT AVAIL THEMSELVES OF THE OPPORTUNITY TO MAKE KNOWN THEIR VIEWS OR PRESENT THEIR ARGUMENTS , THE COMMISSION HAD TO BASE ITS FINDINGS ON THE FACTS AVAILABLE ;   WHEREAS WHEN DETERMINING DUMPING ON THE ABOVEMENTIONED IMPORTS , THE COMMISSION HAD TO TAKE ACCOUNT OF THE FACT THAT TRADE IS ON A BASIS OF NEAR OR TOTAL MONOPOLY AND THAT PRICES ARE FIXED BY THE STATE AND THAT , THEREFORE , AN EXACT COMPARISON BETWEEN THE EXPORT PRICE OF THE PRODUCT TO THE COMMUNITY AND ITS DOMESTIC PRICE IS NOT APPROPRIATE ;   WHEREAS , FOR ALL THESE REASONS , THE COMMISSION HAS DECIDED TO BASE ITS DUMPING CALCULATIONS ON THE COST OF PRODUCTION IN A COUNTRY CONSIDERED TO BE ONE OF THE MOST EFFICIENT PRODUCERS OF THE PRODUCT IN QUESTION , AS ESTABLISHED BY MEANS OF THE LATEST PUBLICLY AVAILABLE DATA ;   WHEREAS SUCH COST OF PRODUCTION HAS BEEN CALCULATED TAKING INTO CONSIDERATION INTER ALIA THE FOLLOWING ELEMENTS : RAW MATERIALS ( COVERING IRON ORE , SINTER , PELLETS , SCRAP , FERRO ALLOYS AND OTHER IRON BEARING MATERIALS AND FLUXES ), ENERGY COSTS ( COKE , FUEL OIL , ELECTRICITY ), LABOUR COSTS INCLUDING SOCIAL COSTS , OTHER OPERATING COSTS ( INCLUDING MAINTENANCE COSTS AND TRANSPORT COSTS ) AND CAPITAL COSTS , TO WHICH WAS ADDED A REASONABLE AMOUNT FOR ADMINISTRATION , SELLING AND ANY OTHER COSTS AND FOR PROFITS ;   WHEREAS THE AFORE-MENTIONED CALCULATION HAS CONFIRMED THE REASONABLENESS OF THE BASIC PRICES AS PUBLISHED BY THE COMMISSION ( 5 );   WHEREAS THE PRICES OF IMPORTS INTO THE COMMUNITY OF THE PRODUCTS WHICH ARE THE SUBJECT OF THE COMPLAINT HAVE BEEN COMPARED WITH THESE BASIC PRICES ;   WHEREAS THIS PRICE COMPARISON WAS MADE ON A FREE COMMUNITY FRONTIER DUTY-PAID BASIS ;   WHEREAS THIS EXAMINATION OF THE MATTER HAS SHOWN THAT THE PRODUCTS IN QUESTION WERE OFFERED FOR IMPORT WITHIN THE COMMUNITY AT PRICES LOWER THAN THE BASIC PRICES AND THAT DUMPING HAS TAKEN PLACE , THE MARGIN OF WHICH IS CONSTITUTED BY THIS UNDERCUTTING ;   WHEREAS , WITH REGARD TO INJURY TO THE INDUSTRY CONCERNED , THE EVIDENCE AVAILABLE TO THE COMMISSION SHOWS THAT IMPORTS INTO THE COMMUNITY OF THE PRODUCTS INCREASED GLOBALLY FROM 61 038 TO 93 299 TONNES BETWEEN 1974 AND THE FIRST SIX MONTHS OF 1977 , IMPORTS ORIGINATING IN JAPAN , AUSTRIA , SPAIN , SWEDEN AND THE GERMAN DEMOCRATIC REPUBLIC HAVING RISEN FROM 54 513 TO 65 300 TONNES IN THE SAME PERIOD , AND THAT , AS A RESULT , THEY HAVE BEEN ABLE TO ACQUIRE A COMMUNITY MARKET SHARE OF 6 % IN TOTAL AND 4 % FOR IMPORTS ORIGINATING IN THE GERMAN DEMOCRATIC REPUBLIC TOGETHER WITH THOSE FROM JAPAN , AUSTRIA , SPAIN AND SWEDEN , WHICH HAVE CONCLUDED STEEL ARRANGEMENTS WITH THE ECSC ;   WHEREAS , ON THE OTHER HAND , THE COMMUNITY STEEL INDUSTRY IS IN A CRISIS SITUATION CHARACTERIZED BY A REDUCTION IN THE PRODUCTION OF THE PRODUCTS CONCERNED BETWEEN 1974 AND 1977 IN THE COMMUNITY , BY A REDUCTION IN THE NUMBER EMPLOYED FROM 780 000 TO 720 000 BETWEEN 1974 AND 1977 AND BY SHORT-TIME WORKING AND THAT , AS A RESULT , THE COMMUNITY STEEL INDUSTRY RECORDED A REDUCTION IN PROFITS OR THE APPEARANCE OF SERIOUS LOSSES IN MOST OF THE FIRMS CONCERNED ;   WHEREAS THE IMPORT PRICES INTO THE COMMUNITY OF PRODUCTS ORIGINATING IN THE GERMAN DEMOCRATIC REPUBLIC ARE CONSIDERABLY LOWER THAN THE ALREADY LOW PRICES OF THE COMMUNITY PRODUCERS AND THUS ACCENTUATE THE DEPRESSION OF COMMUNITY PRICES ;   WHEREAS , THEREFORE , THE FACTS AS FINALLY ESTABLISHED SHOW THAT MATERIAL INJURY HAS BEEN CAUSED TO THE COMMUNITY INDUSTRY OR THAT SUCH INJURY WOULD HAVE BEEN CAUSED IF PROVISIONAL ACTION HAD NOT BEEN TAKEN , BY IMPORTS ORIGINATING IN THE GERMAN DEMOCRATIC REPUBLIC TOGETHER WITH THOSE FROM JAPAN , AUSTRIA , SPAIN AND SWEDEN , WHICH ORIGINATE IN COUNTRIES WHICH HAVE CONCLUDED STEEL ARRANGEMENTS WITH THE COMMUNITY ;   WHEREAS , IN THE SERIOUS CONDITIONS BEING EXPERIENCED BY THE COMMUNITY STEEL INDUSTRY , THE INTERESTS OF THE COMMUNITY REQUIRE THE IMPOSITION OF A DEFINITIVE ANTI-DUMPING DUTY AND THE DEFINITIVE COLLECTION OF THE AMOUNT SECURED BY WAY OF PROVISIONAL DUTY ;   WHEREAS THE AMOUNT OF SUCH DEFINITIVE DUTY SHOULD CORRESPOND TO THE DIFFERENCE BETWEEN THE BASIC PRICE PUBLISHED BY THE COMMISSION FOR THE PRODUCTS IN QUESTION AND ITS PRICE ON IMPORTATION INTO THE COMMUNITY , DUE CONSIDERATION BEING GIVEN TO ANY DIMINUTION IN VALUE CLAIMED BY THE IMPORTERS AND ESTABLISHED TO THE SATISFACTION OF THE COMPETENT NATIONAL AUTHORITIES ,   HAS ADOPTED THIS RECOMMENDATION :   ARTICLE 1   1 .  A DEFINITIVE ANTI-DUMPING DUTY IS HEREBY IMPOSED ON THE FOLLOWING PRODUCTS ORIGINATING IN THE GERMAN DEMOCRATIC REPUBLIC :   -  ZINC-COATED ( OTHER THAN ELECTROLYTICALLY ) STEEL SHEETS AND PLATES ( GALVANIZED ),   -  COMMON CUSTOMS TARIFF SUBHEADING 73.13 B IV C ),   -  NIMEXE CODE 73.13-68 AND 72 .   2 .  THE AMOUNT OF THIS DUTY SHALL BE EQUAL TO THE AMOUNT BY WHICH THE EFFECTIVE PRICE ( BASIC PRICE PLUS EXTRAS ) ESTABLISHED BY CONTRACT , FREE FRONTIER DUTY-PAID , IS LOWER THAN THE EFFECTIVE PRICE ( BASIC PRICE PLUS EXTRAS ) LAST PUBLISHED BY THE COMMISSION FOR THIS PRODUCT AT THE TIME OF ITS ENTRY FOR COMMUNITY CONSUMPTION .   3 .  THE AMOUNT OF THE DUTY SHALL HOWEVER BE REDUCED TO THE EXTENT THAT THE IMPORTER ESTABLISHES TO THE SATISFACTION OF THE COMPETENT NATIONAL AUTHORITIES THAT THE PRICE DIFFERENTIAL REFERRED TO IN PARAGRAPH 2 ABOVE IS DUE TO A DIMINUTION IN VALUE RESULTING FROM THE QUALITY OF THE GOODS BEING INFERIOR TO THE LOWEST QUALITY DESCRIBED IN THE LAST PUBLICATION OF BASIC PRICES BY THE COMMISSION .   4 .  THIS DUTY SHALL BE COLLECTED ON THE SAME BASIS AS CUSTOMS DUTIES .   ARTICLE 2   THE AMOUNTS SECURED BY WAY OF PROVISIONAL DUTY UNDER THE PROVISIONS OF RECOMMENDATION NO 359/78/ECSC , IN RESPECT OF PRODUCTS ORIGINATING IN THE GERMAN DEMOCRATIC REPUBLIC , SHALL BE DEFINITIVELY COLLECTED TO THE EXTENT THAT THEY DO NOT EXCEED THE RATE OF DUTY FIXED IN THIS RECOMMENDATION .   ARTICLE 3   THIS RECOMMENDATION SHALL BE NOTIFIED TO THE MEMBER STATES .   IT SHALL ENTER INTO FORCE FOR EACH MEMBER STATE ON THE DATE OF ITS PUBLICATION IN THE OFFICIAL JOURNAL OF THE EUROPEAN COMMUNITIES .   DONE AT BRUSSELS , 18 MAY 1978 .   FOR THE COMMISSION   WILHELM HAFERKAMP   VICE-PRESIDENT


Recommendation for a Council opinion in accordance with the third paragraph of Art. 9 of Council Regulation (EC) No 1466/97 of 7 July 1997 on the updated convergence programme of the United Kingdom, 2005/06-2010/11