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32002H0663

Commission Recommendation of 19 August 2002 concerning a coordinated Community monitoring programme for 2003 to ensure compliance with maximum levels of pesticide residues in and on cereals and certain other products of plant origin (Text with EEA relevance) (notified under document number C(2002) 3084)

Official Journal L 225 , 22/08/2002 P. 0029 - 0033

Commission Recommendationof 19 August 2002concerning a coordinated Community monitoring programme for 2003 to ensure compliance with maximum levels of pesticide residues in and on cereals and certain other products of plant origin(notified under document number C(2002) 3084)(Text with EEA relevance)(2002/663/EC)THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Directive 86/362/EEC of 24 July 1986 on the fixing of maximum levels for pesticide residues in and on cereals(1), as last amended by Commission Directive 2002/42/EC(2), and in particular Article 7(2)(b) thereof,Having regard to Council Directive 90/642/EEC of 27 November 1990 on the fixing of maximum levels for pesticide residues in and on certain products of plant origin, including fruit and vegetables(3), as last amended by Directive 2002/42/EC, and in particular Article 4(2)(b) thereof,Whereas:(1) Article 7(2)(b) of Directive 86/362/EEC and Article 4(2)(b) of Directive 90/642/EEC require the Commission to submit to the Standing Committee on Plant Health by 31 December each year a recommendation setting out a coordinated Community monitoring programme to ensure compliance for maximum levels of pesticide residues set out in the Annexes II to the said Directives. Article 1(1) of Commission Regulation (EC) No 645/2000(4) provides that such recommendations may cover periods of between one and five years.(2) The Commission should progressively work towards a system which would permit the estimation of dietary exposure to actual pesticide, as provided for in the second paragraph of Article 7(3) of Directive 86/362/EEC and the second paragraph of Article 4(3) of Directive 90/642/EEC. To make realistic estimations possible, data on the monitoring of pesticide residues should be available in a number of food products which constitute major components of the European diet. It is generally recognised that major components of the European diet are constituted by some 20 to 30 food products. In view of the resources available at national level for pesticide residue monitoring, Member States are only able to analyse samples of eight products each year within a coordinated monitoring programme. Pesticide uses show changes within the timescale of the three-year period. Each pesticide should thus generally be monitored in 20 to 30 food products over a series of three-year cycles.(3) Residues of the pesticides acephate, the benomyl group, chlorpyriphos, iprodione, methamidophos, diazinon, metalaxyl, methidathion, thiabendazole, triazophos chlorpyriphos-methyl, deltamethrin, endosulfan, imazalil, kresoxim-methyl, lambda-cyhalothrin, the maneb group, mecarbam, permethrin, pirimiphos-methyl, vinclozolin, azinphos-methyl, captan, chlorothalonil, dichlofluanid, dicofol, dimethoate, folpet, malathion, omethoate, oxydemeton-methyl, phorate, procymidone, propyzamide, azoxystrobine, aldicarb, bromopropylate, cypermethrin, methiocarb, methomyl, parathion and tolylfluanid should be monitored in 2003, as this will allow using these data for the estimation of actual dietary exposure to them, since these compounds have already been monitored since 2001.(4) A systematic statistical approach to numbers of samples to be taken in each coordinated monitoring exercise is necessary. Such an approach has been set out by the Commission of the Codex Alimentarius(5). Based on a binomial probability distribution it can be calculated that examination of 459 samples gives a 99 % confidence of detecting one sample containing pesticide residues above the limit of determination (LOD) where 1 % of products of plant origin contain residues above the LOD. At least 459 samples should therefore be taken across the Community. Collection of these samples should be apportioned between Member States on the basis of population and consumer numbers, with a minimum of 12 samples per product and per year.(5) Draft guidelines concerning Quality Control Procedures for Pesticide Residue Analysis have been published by the Commission(6). It is agreed that these draft guidelines should be implemented as far as possible by the analytical laboratories of the Member States and should be reviewed continuously in the light of experience gained in the monitoring programmes.(6) Article 4(2)(a) of Directive 90/642/EEC and Article 7(2)(a) of Directive 86/362/EEC requires Member States to specify the criteria applied in drawing up their national inspection programmes when sending to the Commission information on their implementation during the following year. Such information should include the criteria applied in determining the numbers of samples to be taken and analyses to be carried out and the reporting levels applied and the criteria by which the reporting levels have been fixed. Details of accreditation under Council Directive 93/99/EEC of 29 October 1993 on the subject of additional measures concerning the official control of foodstuffs(7) of the laboratories carrying out analyses should be indicated.(7) Information on the results of monitoring programmes is particularly appropriate for treatment, storage and transmission by electronic/informatic methods. Formats have been developed for supply of data in diskette form from the Member States to the Commission. Member States should therefore be able to send their reports to the Commission in the standard format. The further development of such a standard format is most effectively undertaken by the development of guidelines by the Commission.(8) The measures provided for in this recommendation are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,HEREBY RECOMMENDS:Article 1Member States are invited to take and analyse samples for the product/pesticide residue combinations set out in Annex I, on the basis of the number of samples of each product allocated to them in Annex II, reflecting as appropriate, national, Community and third country share of the Member State's market.In addition, Member States are invited to specifically monitor for the combination nitrofen/wheat with the same sampling frequency as outlined in Annex II.For pesticides possibly posing an acute risk, such as OP-esters, endosulfan and N-methylcarbamates, 10 samples of the products grapes, pepper and cucumber should be subjected to individual analysis of the individual units in the laboratory sample in case such pesticides are detected.Two samples of an appropriate number of units should be taken, where possible the produce of a single producer; if in the first, laboratory sample a detectable level of the pesticide is found, the units of the second sample should be analysed individually.Article 2Member States are invited to report the results for the part of the specific exercise allocated for 2003 in Annex I by 31 August 2004, indicating the analytical methods used and reporting levels achieved, in accordance with the quality control procedures set out in the Quality Control Procedures for Pesticide Residue Analysis.The report should be produced in a format - including the electronic format - conforming to the Working Document for guidance to the Member States with regard to implementation of Commission recommendations concerning coordinated Community monitoring programmes, set out in Annex III to Commission Recommendation 1999/333/EC(8).Article 3Member States are invited to send to the Commission and to all other Member States, by 31 August 2004, all the information as required by Article 7(3) of Directive 86/362/EEC and Article 4(3) of Directive 90/642/EEC concerning the 2003 monitoring exercise to ensure, at least by check sampling, compliance with maximum pesticide residue levels including:(a) the results of their national programmes concerning pesticides listed in the Annexes II of Directives 86/362/EEC and 90/642/EEC, in relation to harmonised levels and, where these have not yet been fixed at Community level, in relation to the national levels in force;(b) information on their laboratories quality control procedures and, in particular, information concerning aspects of the guidelines concerning Quality Control Procedures for Pesticide Residue Analysis which they have not been able to apply or have had difficulty in applying;(c) information on accreditation in accordance with the provisions of Article 3 of Directive 93/99/EEC (including type of accreditation, accreditation body and copy of accreditation certificate) of the laboratories carrying out the analyses;(d) information about the proficiency tests and ring tests in which the laboratory has participated.Article 4Member States are invited to send to the Commission, by 30 September 2003, their intended national programme for monitoring maximum pesticide residue levels fixed by Directive 90/642/EEC and 86/362/EEC for the year 2004.This Recommendation is addressed to the Member States.Done at Brussels, 19 August 2002.For the CommissionDavid ByrneMember of the Commission(1) OJ L 221, 7.8.1986, p. 37.(2) OJ L 134, 22.5.2002, p. 29.(3) OJ L 350, 14.12.1990, p. 71.(4) OJ L 78, 29.3.2000, p. 7.(5) Codex Alimentarius, Pesticide Residues in Foodstuffs, Rome 1994, ISBN 92-5-203271-1; Vol.2, page 372.(6) Document Number SANCO/3103/2000 (http://europa.eu.int/comm/food/fs/ph_ps/pest/index_en.htm).(7) OJ L 290, 24.11.1993, p. 14.(8) OJ L 128, 21.5.1999, p. 25.ANNEX ΙPesticide/product combinations to be monitored in the specific exercise set out in Article 1 of the Recommendation>TABLE>ANNEX IINumber of samples of each product to be taken by each Member State, in the coordinated Community monitoring programme for 2003>TABLE>


Recommendation for a Council opinion in accordance with the third paragraph of Article 5 of Council Regulation (EC) No 1466/97 of 7 July 1997 on the updated stability programme of Italy, 2003-2007


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32003H0868

Recommendation No 22 of 18 June 2003 concerning the Gottardo judgment, according to which the advantages enjoyed by a State's own nationals under a bilateral convention on social security with a non-member country must also be granted to workers who are nationals of other Member States

Official Journal L 326 , 13/12/2003 P. 0035 - 0036

Recommendation No 22of 18 June 2003concerning the Gottardo judgment, according to which the advantages enjoyed by a State's own nationals under a bilateral convention on social security with a non-member country must also be granted to workers who are nationals of other Member States(2003/868/EC)THE ADMINISTRATIVE COMMISSION OF THE EUROPEAN COMMUNITIES ON SOCIAL SECURITY FOR MIGRANT WORKERS,Having regard to Article 81(a) of Council Regulation (EEC) No 1408/71 of 14 June 1971 on the application of social security schemes to employed persons, to self-employed persons and to the members of their families moving within the Community(1), under which it is made responsible for dealing with all administrative questions arising from the provisions of Regulation (EEC) No 1408/71 and subsequent Regulations,Having regard to Article 81(c) of the same Regulation, under which it is responsible for fostering and developing cooperation between Member States in social security matters,Whereas:(1) Regulation (EEC) No 1408/71, adopted on the basis of Article 42, is an essential instrument for exercising the fundamental freedoms provided for by the Treaty.(2) The principle of non-discrimination on the grounds of nationality is an essential safeguard for the freedom of movement of employed persons, as provided for in Article 39 of the Treaty. This implies the abolition of all discrimination between the settled workers in the Member States and migrant workers with respect to employment, pay and other working conditions.(3) In Gottardo(2), the Court of Justice acted on this principle as set out in Article 39 in relation to a person resident in the Community who had worked in France, Italy and Switzerland. This person did not have sufficient entitlement for a pension in Italy and asked for her periods of insurance completed in Switzerland and Italy to be aggregated, as provided for under the bilateral convention between Italy and Switzerland for the benefit of their nationals.(4) The Court ruled in this case that when a Member State concludes a bilateral international convention on social security with a non-member country which provides for account to be taken of periods of insurance completed in that non-member country for acquisition of entitlement to old-age benefits, the fundamental principle of equal treatment requires that that Member State grant nationals of the other Member States the same advantages as those which its own nationals enjoy under that convention unless it can provide objective justification for refusing to do so (paragraph 34).(5) In this connection, the Court stated that its interpretation of the term "legislation" in Article 1(j) of Regulation (EEC) No 1408/71(3) cannot affect the obligation of every Member State to comply with the principle of equal treatment laid down in Article 39 of the EC Treaty.(6) The Court considered that disturbing the balance and reciprocity of a bilateral international convention concluded between a Member State and a non-member country did not constitute an objective justification for the refusal by the Member State party to that convention to extend to nationals of the other Member States the advantages which its own nationals derive from that convention.(7) Nor did the Court accept the objections to the effect that a possible increase in the financial burden and administrative difficulties in liaising with the competent authorities of the non-member country in question could justify the Member State which is party to the bilateral convention failing to comply with its Treaty obligations.(8) It is important that all appropriate conclusions be drawn from this judgment, which is crucial for Community nationals who have exercised their right to move freely to another Member State.(9) For this reason, it should be made clear that bilateral conventions on social security between a Member State and a non-member country must be interpreted to the effect that the advantages enjoyed by nationals of the Member State which is party to the convention should in principle also be granted to a Community national who is in the same situation in objective terms.(10) Irrespective of the uniform application of the Gottardo ruling to individual cases, the existing bilateral conventions should be reviewed. With regard to agreements concluded previously, Article 307 of the EC Treaty states: "the Member State or States concerned shall take all appropriate steps to eliminate the incompatibilities established", and with regard to agreements concluded after 1 January 1958, or after the date of a Member State's accession to the European Community, Article 10 of the EC Treaty requires that these same Member States "abstain from any measure which could jeopardise the attainment of the objectives of the Treaty".(11) With regard to new bilateral conventions on social security concluded between a Member State and a non-member country, it is important to bear in mind that these should include a specific reference to the principle of non-discrimination on the grounds of nationality in relation to nationals of other Member States who have exercised their right to move freely in the Member State which is a party to the convention concerned.(12) The application of the Gottardo judgment to individual cases depends largely on the cooperation of non-member countries, since they must certify the periods of insurance completed there by the person concerned.(13) The Administrative Commission should deal with this question, given that the ruling in Gottardo is concerned with the application of the principle of equal treatment in the field of social security,RECOMMENDS:1. In accordance with the principle of equal treatment and non-discrimination between a State's own nationals and the nationals of other Member States who have exercised their right to move freely pursuant to Article 39 of the EC Treaty, the advantages as regards pensions which are enjoyed by a State's own workers (employed and self-employed persons) under a convention on social security with a non-member country are also, in principle granted to workers (employed and self-employed persons) who are nationals of the other Member States and are in the same situation in objective terms.2. New bilateral conventions on social security concluded between a Member State and a non-member country should make specific reference to the principle of non-discrimination, on the grounds of nationality, against nationals of another Member State who have exercised their right of free movement in the Member State which is a party to the convention concerned.3. The Member States should inform the institutions in countries with which they have signed social security conventions whose provisions apply only to their respective nationals about the implications of the Gottardo ruling and should ask them to cooperate in applying the ruling of the Court. Member States which have concluded bilateral conventions with the same non-member countries may act jointly in requesting such cooperation. This cooperation is clearly essential if the ruling is to be complied with.The Chairman of the Administrative CommissionThéodora Tsotsorou(1) OJ L 149, 5.7.1971, p. 2.(2) Judgment of 15 January 2002, Case C-55/00.(3) Judgment of 2 August 1993, Case C-23/92 Grana-Novoa, ECR I-4505.


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31981H0924

81/924/EEC: Council Recommendation of 27 October 1981 on electricity tariff structures in the Community

Official Journal L 337 , 24/11/1981 P. 0012 - 0013 Spanish special edition: Chapter 12 Volume 4 P. 0034  Portuguese special edition Chapter 12 Volume 4 P. 0034

COUNCIL RECOMMENDATION of 27 October 1981 on electricity tariff structures in the Community (81/924/EEC) THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Article 235 thereof,  Having regard to the draft recommendation from the Commission,  Having regard to the opinion of the European Parliament (1),  Whereas in its resolution of 13 February 1975 (2) the Council emphasized the need to make it possible for prices to cover, gradually and to the fullest extent feasible, the costs of making energy available and the amortization of necessary investments  Whereas consistency in energy pricing structures is a fundamental element of economic and energy policy;  Whereas rational tariff structures make for better utilization of resources;  Whereas tariff structures founded on common principles lead to more homogeneous conditions of supply and enable electricity prices to be fixed more consistently throughout the Community;  Whereas the distribution of electricity is a public service, irrespective of the legal status of the undertakings involved ; whereas for that reason undertakings must ensure equality of treatment of consumers in comparable supply conditions;  Whereas electricity supply undertakings should, in accordance with the principles of sound management, cover their costs on the basis of the most objective allocation possible of such costs among the various categories of users;  Whereas promotional tariff structures preventing the rational use of energy should be avoided;  Whereas the principles underlying electricity tariff structures vary between countries in the Community, although certain of these structures already reflect a common approach ; whereas efforts to bring about simplification and unification must be pursued,  HEREBY RECOMMENDS TO THE MEMBER STATES:  That they take appropriate steps, if they have not already done so, to ensure that electricity tariff structures are based on the following common principles:    1. Electricity tariff structures should be drawn up and adopted so as to allow the application of a rational price policy and to reflect the costs incurred in supplying the various categories of consumer ; tariff structures should be designed with the rational use of energy in mind, should avoid encouraging unjustifiable consumption and should be as clear and simple as possible.       2. The two-part tariff system which, of the various tariff options available, best reflects the cost structure of providing electricity, should be generally used (3).       3. Promotional tariff structures which encourage unnecessary consumption and in which the price of electricity is artificially lowered as increasing amounts of electricity are used should be discontinued.       4. Tariffs based on the use to which electricity is put should be eliminated, unless such tariffs conform with the general requirements of Point 1 above and contribute to the achievement of long-term energy policy objectives.       5. With the aim of transferring demand to off-peak periods or to allow load-shedding, provision should be made for multiple tariffs with differential rates and/or for the possibility of interruptible supplies.       6. Tariffs should not be kept artificially low, for example on social grounds or for anti-inflationary policy reasons ; in such cases, separate action, where warranted, should be taken.   (1) OJ No C 144, 15.6.1981, p. 105.  (2) OJ No C 153, 9.7.1975, p. 6.  (3) The term "two-part tariff" covers tariff structures consisting of a fixed component and a component which varies with the amount of electricity used.        7. Tariffs should be formulated in such a way that it is possible to up-date prices at regular intervals;         That research be pursued and developed, in close cooperation at Community level, into the characteristics of electricity demand for different categories of consumers and their evolution in the long term, with the objective of further improving tariff structures;  That electricity prices on the market be characterized by the greatest possible degree of transparency, and that these prices and the cost to the consumer be made known to the public as far as possible.  Done at Luxembourg, 27 October 1981.  For the Council  The President  P. WALKER


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31977K0808

77/808/ECSC: Commission Recommendation of 23 December 1977 to the Governments of the Member States amending Commission Recommendation 77/330/ECSC of 15 April 1977 establishing Community surveillance in respect of the importation into the Community of certain iron and steel products covered by the Treaty establishing the European Coal and Steel Community, originating in third countries

Official Journal L 352 , 31/12/1977 P. 0015 - 0016

****( 1 ) OJ NO L 114 , 5 . 5 . 1977 , P . 15 .  ( 2 ) OJ NO L 209 , 17 . 8 . 1977 , P . 18 .    II  ( ACTS WHOSE PUBLICATION IS NOT OBLIGATORY )    COMMISSION RECOMMENDATION   OF 23 DECEMBER 1977   TO THE GOVERNMENTS OF THE MEMBER STATES AMENDING COMMISSION RECOMMENDATION 77/330/ECSC OF 15 APRIL 1977 ESTABLISHING COMMUNITY SURVEILLANCE IN RESPECT OF THE IMPORTATION INTO THE COMMUNITY OF CERTAIN IRON AND STEEL PRODUCTS COVERED BY THE TREATY ESTABLISHING THE EUROPEAN COAL AND STEEL COMMUNITY , ORIGINATING IN THIRD COUNTRIES  ( 77/808/ECSC )   THE COMMISSION OF THE EUROPEAN   COMMUNITIES ,   HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN COAL AND STEEL COMMUNITY , AND IN PARTICULAR ARTICLE 74 ( 3 ) THEREOF ,   WHEREAS , BY RECOMMENDATION 77/330/ECSC OF 15 APRIL 1977  ( 1 ), AS LAST AMENDED BY RECOMMENDATION 77/518/ECSC ( 2 ), THE COMMISSION ESTABLISHED COMMUNITY SURVEILLANCE IN RESPECT OF THE IMPORTATION INTO THE COMMUNITY OF CERTAIN IRON AND STEEL PRODUCTS COVERED BY THE ECSC TREATY IN ORDER TO FOLLOW DEVELOPMENTS THEREIN AND TO ENSURE THAT SUCH IMPORTS OR THE CONDITIONS UNDER WHICH THEY ARE EFFECTED DO NOT THREATEN TO CAUSE SERIOUS INJURY TO COMMUNITY PRODUCTION ;   WHEREAS THE PROVISIONS OF THAT RECOMMENDATION HAVE PROVED INSUFFICIENT FOR THE FULL ATTAINMENT OF THE ABOVEMENTIONED OBJECTIVES ; WHEREAS THEY SHOULD THEREFORE BE AMENDED AND SUPPLEMENTED IN ORDER TO SECURE SWIFTER AND MORE COMPLETE INFORMATION ABOUT FORESEEABLE IMPORTS AND THE CONDITIONS UNDER WHICH THEY ARE EFFECTED ,   MAKES THE FOLLOWING RECOMMENDATION :   ARTICLE 1   ARTICLE 1 ( 3 ) OF RECOMMENDATION 77/330/ECSC IS HEREBY AMENDED TO READ AS FOLLOWS :   ' THE PERIOD OF VALIDITY OF THE IMPORT DOCUMENT IS HEREBY FIXED AT ONE MONTH . '   ARTICLE 2   ARTICLE 2 OF THE SAID RECOMMENDATION IS HEREBY AMENDED TO READ AS FOLLOWS :   ' 1 .  THE APPLICATION BY THE IMPORTER SHALL STATE :  ( A ) THE NAME AND ADDRESS OF THE IMPORTER ;  ( B ) THE DESCRIPTION OF THE PRODUCTS WHICH CORRESPONDS TO OR IS CLOSEST TO THAT CONTAINED IN THE LIST OF PRODUCTS TO BE PUBLISHED IN THE OFFICIAL JOURNAL OF THE EUROPEAN COMMUNITIES ;  ( C ) THE COUNTRY OF ORIGIN AND , WHERE APPROPRIATE , THE COUNTRY OF LAST EXPORT ;  ( D ) THE PLACE OF DESTINATION ;  ( E ) THE QUANTITY OF THE PRODUCTS IN TONNES ;  ( F )  THE EFFECTIVE PRICE ( BASIC PRICE PLUS EXTRAS ) ESTABLISHED BY CONTRACT FREE DUTY-PAID , THE BASIC PRICE FREE DESTINATION AND EXTRAS FOR QUALITY AND SIZE RESPECTIVELY ;  ( G ) THE DATE OF THE PURCHASE CONTRACT FOR THE PRODUCTS WHICH IT IS PROPOSED TO IMPORT AND THE PROPOSED DATE AND PLACE OF IMPORTATION .   2 .  THE IMPORTER SHALL DECLARE THAT NO REBATE NOT MENTIONED IN THE PURCHASE CONTRACT OR CONTRACTS WILL BE GRANTED .   3 .  THE IMPORTER SHALL CERTIFY THAT HIS IMPORT DOCUMENT APPLICATION IS ACCURATE .   4 .  IMPORT DOCUMENTS NOT USED BY THE DATE OF ENTRY INTO FORCE OF THIS RECOMMENDATION SHALL LAPSE . THE IMPORTERS CONCERNED MAY RENEW THEIR IMPORT DOCUMENT APPLICATIONS . HOWEVER , IMPORT DOCUMENTS CONCERNING GOODS LOADED ONTO VESSELS OR IN THE PROCESS OF BEING CONVEYED BY RAIL BEFORE THE DATE OF ENTRY INTO FORCE OF THIS RECOMMENDATION SHALL REMAIN VALID UNTIL 31 DECEMBER 1977 . '   ARTICLE 3   ARTICLE 3 OF THE SAID RECOMMENDATION IS HEREBY AMENDED TO READ AS FOLLOWS :   ' 1 .  IN THE CASE OF THE PRODUCTS FOR WHICH THE PRICES HAVE BEEN PUBLISHED IN THE OFFICIAL JOURNAL OF THE EUROPEAN COMMUNITIES , MEMBER STATES SHALL COMMUNICATE TO THE COMMISSION DIFFERENCES BETWEEN THIS ACTUAL PUBLISHED PRICE  ( BASIC PRICE PLUS EXTRAS ) AND THE EFFECTIVE PRICE ( BASIC PRICE PLUS EXTRAS ) ESTABLISHED BY CONTRACT FREE DUTY-PAID AS SOON AS THEIR CUSTOMS AUTHORITIES NOTE SUCH DIFFERENCES .   2 .  WITHIN THE FIRST 10 DAYS OF EACH MONTH , MEMBER STATES SHALL NOTIFY THE COMMISSION OF :  ( A ) THE QUANTITIES AND AMOUNTS , CALCULATED ON THE BASIS OF THE BASIC CIF PRICES , FOR WHICH IMPORT DOCUMENTS WERE ISSUED IN THE PRECEDING MONTH ;  ( B ) THE IMPORTS EFFECTED IN THE MONTH PRECEDING THAT REFERRED TO IN ( A ).   3 .  THE INFORMATION FROM THE MEMBER STATES SHALL BE BROKEN DOWN BY NON-MEMBER COUNTRY OF ORIGIN AND BY PRODUCT , ON THE BASIS OF THE DESCRIPTIONS AND COMMON CUSTOMS TARIFF HEADING NUMBERS SET OUT IN THE ANNEX . '   ARTICLE 4   THIS RECOMMENDATION SHALL BE NOTIFIED TO THE GOVERNMENTS OF THE MEMBER STATES AND PUBLISHED IN THE OFFICIAL JOURNAL OF THE EUROPEAN COMMUNITIES .   IT SHALL ENTER INTO FORCE FOR EACH MEMBER STATE ON THE DATE OF ITS NOTIFICATION .   DONE AT BRUSSELS , 23 DECEMBER 1977 .   FOR THE COMMISSION   ETIENNE DAVIGNON   MEMBER OF THE COMMISSION


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31998Y0806(02)

Recommendation of the European Central Bank for a Council Regulation (EC) concerning the application of minimum reserves by the European Central Bank

Official Journal C 246 , 06/08/1998 P. 0006 - 0008

Recommendation of the European Central Bank for a Council Regulation (EC) concerning the application of minimum reserves by the European Central Bank (98/C 246/06)(Submitted by the European Central Bank on 7 July 1998)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Statute of the European System of Central Banks and of the European Central Bank (the Statute) and in particular Article 19.2 thereof,Having regard to the recommendation of the European Central Bank (the ECB),Having regard to the opinion of the European Parliament,Having regard to the opinion of the Commission,In accordance with the procedure foreseen in Article 106(6) of the Treaty establishing the European Community (the Treaty) and in Article 42 of the Statute,(1) Whereas Article 19.2, in conjunction with Article 43.1 of the Statute, paragraph 8 of the Protocol (11) on certain provisions relating to the United Kingdom of Great Britain and Northern Ireland and paragraph 2 of the Protocol (12) on certain provisions relating to Denmark, shall not confer any rights or impose any obligations on a non-participating Member State;(2) Whereas Article 19.2 of the Statute requires the Council, inter alia, to define the basis for minimum reserves and the maximum permissible ratios between those reserves and their basis;(3) Whereas Article 19.2 of the Statute also requires the Council to define the appropriate sanctions in cases on non-compliance with those requirements; whereas specific sanctions are set out herein; whereas the present Regulation refers to the Council Regulation (EC) concerning the powers of the European Central Bank to impose sanctions for the principles and procedures relating to the imposition of sanctions and provides for a simplified procedure for the imposition of sanctions in the event of certain kinds of infringements; whereas in the event of a conflict between the provisions of the Council Regulation (EC) concerning the powers of the European Central Bank to impose sanctions and the provisions of the present Regulation enabling the ECB to impose sanctions, the provisions of the present Regulation should prevail;(4) Whereas Article 19.1 of the Statute provides that the Governing Council of the ECB may establish regulations concerning the calculation and determination of the required minimum reserves;(5) Whereas to be effective as an instrument for the performance of money-market management and monetary control functions, the system for the imposition of minimum reserves needs to be structured so that the ECB has the ability and flexibility to impose reserve requirements within the context of and dependent on changing economic and financial conditions among participating Member States; whereas the ECB may impose minimum reserves on liabilities resulting from off-balance-sheet items, in particular those that are either individually or in combination with other on-balance-sheet or off-balance-sheet items, comparable with liabilities recorded on the balance sheet, in order to limit the possibilities of circumvention;(6) Whereas the ECB, in establishing detailed regulations for the imposition of minimum reserves, including determining the actual reserve ratios, any remuneration of reserves, any exemptions from minimum reserves or any modifications to such requirements applicable to any specific group or groups of institutions, shall be bound to act pursuant to the objectives of the European System of Central Banks (the ESCB) as set out in Article 105(1) of the Treaty and as reflected in Article 2 of the Statute, which implies, inter alia, the principle of not inducing significant undesirable delocation or disintermediation; whereas the imposition of such minimum reserves may constitute an element of the definition and implementation of the monetary policy of the Community, being one of the basic tasks of the ESCB as specified in Article 105(2), first indent, of the Treaty and as reflected in Article 3.1, first indent, of the Statute;(7) Whereas the sanctions provided in the event of non-compliance with the obligations set out in this Regulation are without prejudice to the possibility of the ESCB establishing appropriate enforcement provisions in its relations with counterparties, including the partial or total exclusion of an institution from monetary policy operations in the case of serious infringements of the minimum reserve requirements;(8) Whereas the provisions of this Regulation can only be effectively applied in their entirety if participating Member States have adopted the necessary measures with a view to ensuring that their authorities have the powers to assist and collaborate fully with the ECB in carrying out the collection and verification of information as required by Article 6 of this Regulation, in conformity with Article 5 of the Treaty,HAS ADOPTED THIS REGULATION:Article 1 DefinitionsFor the purposes of this Regulation:1. participating Member State: shall mean a Member State which has adopted the single currency in accordance with the Treaty;2. national central bank: shall mean the central bank of a participating Member State;3. institution: shall mean any entity in a participating Member State which, under the terms of Article 19.1 of the Statute, the ECB may require to hold minimum reserves;4. reserve ratio: shall mean such percentage as the ECB may specify in accordance with Article 19.2 of the Statute of the basis for minimum reserves;5. sanctions: shall mean fines, periodic penalty payments, penalty interest and non-interest-bearing deposits.Article 2 Right to exempt institutionsThe ECB may, on a non-discriminatory basis, exempt institutions from minimum reserves in accordance with criteria established by the ECB.Article 3 Basis for minimum reserves1. The basis for minimum reserves which the ECB may require institutions to hold according to Article 19.1 of the Statute shall include, subject to the provisions specified in paragraphs 2 and 3, (i) liabilities of the institution resulting from the acceptance of funds together with (ii) liabilities resulting from off-balance-sheet items, but excluding (iii) fully or partly, liabilities which are owed to any other institution according to modalities which shall be specified by the ECB, and (iv) liabilities which are owed to the ECB or to a national central bank.2. For liabilities in the form of negotiable debt instruments, the ECB may specify, alternatively to the provision in paragraph 1(iii), that liabilities which are owed by one institution to another shall be fully or partly deducted from the basis for minimum reserves of the institution to which they are owed.3. The ECB may, on a non-discriminatory basis, allow the deduction of specific types of assets from categories of liabilities forming part of the basis for minimum reserves.Article 4 Reserve ratios1. Reserve ratios, which the ECB may specify according to Article 19.2 of the Statute, shall not exceed 10 % of any relevant liabilities forming part of the basis for minimum reserves but may be 0 %.2. Subject to paragraph 1, the ECB may, on a non-discriminatory basis, specify differing reserve ratios for specific categories of liabilities forming part of the basis for minimum reserves.Article 5 Regulatory powerFor the purpose of Articles 2, 3 and 4 of this Regulation, the ECB shall adopt, where appropriate, regulations or decisions.Article 6 Right to collect and verify information1. The ECB shall have the right to collect from institutions the information necessary for the application of minimum reserves. Such information shall be confidential.2. The ECB shall have the right to verify the accuracy and quality of the information which institutions provide to demonstrate compliance with the minimum reserves. The ECB shall notify the institution of its decision to verify data or to effect their compulsory collection.3. The right to verify data shall include the right to:(a) require the submission of documents;(b) examine the books and records of the institutions;(c) take copies or extracts from such books and records, and(d) obtain written or oral explanations.When an institution obstructs the collection and/or verification of information, the participating Member State in which the relevant premises are located shall afford the necessary assistance, including ensuring access to the premises of the institution, so that the abovementioned rights can be exercised.4. The ECB may delegate to the national central banks the execution of the tasks to which the previous paragraphs refer. In accordance with Article 34.1, first indent, of the Statute, the ECB shall be empowered to specify further in a regulation the conditions under which the right to verify may be exercised.Article 7 Sanctions in cases of non-compliance1. Where an institution fails to hold all or part of the minimum reserves imposed in accordance with this Regulation and ECB regulations or decisions associated herewith, the ECB may impose either of the following sanctions:(a) a payment of up to five percentage points above the ESCB's marginal lending rate or two times the ESCB's marginal lending rate, in both cases applied to the amount of the minimum reserves which the relevant institution fails to provide;(b) the requirement for the relevant institution to establish a non-interest-bearing deposit with the ECB or the national central banks up to three times the amount of the minimum reserves which the relevant institution fails to provide. The maturity of the deposit shall not exceed the period during which the institution fails to hold the minimum reserves.2. Whenever a sanction is imposed in accordance with Article 7(1), the principles and procedures set out in the Council Regulation (EC) concerning the powers of the European Central Bank to impose sanctions shall apply with the following modifications:(a) the ECB shall give the undertaking concerned written notification of the decision of its Executive Board;(b) Article 2(1) and (3) and Article 3(1), (2), (3) and (4) of the Council Regulation (EC) concerning the powers of the European Central Bank to impose sanctions shall not be applicable, and the periods referred to in Article 3(5), (6) and (7) of that Regulation shall be reduced to 15 days.3. Where an institution fails to comply with the obligations deriving from this Regulation or ECB regulations or decisions associated therewith, other than those set out in paragraph 1, sanctions in cases of such failure and the limits and conditions relating to the imposition of such sanctions are set out in the Council Regulation (EC) concerning the powers of the European Central Bank to impose sanctions.Article 8 Final provisionsThis Regulation shall enter into force on 1 January 1999.This Regulation shall be binding in its entirety and directly applicable in all Member States.