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		52012DC0327

			Recommendation for a COUNCIL RECOMMENDATION on Slovenia’s 2012 national reform programme __and delivering a Council opinion on Slovenia’s stability programme for 2012-2015 /* COM/2012/0327 final  */

			   	Recommendation for a
COUNCIL RECOMMENDATION
on Slovenia’s 2012 national reform
programme
and delivering a Council opinion on Slovenia’s stability programme for
2012-2015
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the
Functioning of the European Union, and in particular Articles 121(2) and 148(4)
thereof,
Having regard to Council Regulation (EC) No
1466/97 of 7 July 1997 on the strengthening of the surveillance of budgetary
positions and the surveillance and coordination of economic policies[1],
and in particular Article 5(2) thereof,
Having regard to Regulation (EU) No
1176/2011 of the European Parliament and of the Council of 16 November 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 European Commission’s proposal to launch a new
strategy for jobs and growth, Europe 2020, based on enhanced coordination of
economic policies, which will focus on the key areas where action is needed to
boost Europe’s potential for sustainable growth and competitiveness.
(2)       On 13 July 2010, the
Council adopted a recommendation on the broad guidelines for the economic
policies of the Member States and the Union (2010 to 2014) and, on 21 October
2010, adopted a decision on guidelines for the employment policies of the
Member States[5], which together form the ‘integrated
guidelines’. Member States were invited to take the integrated guidelines into
account in their national economic and employment policies.
(3)       On 12 July 2011, the
Council adopted a recommendation on Slovenia’s national reform programme for 2011
and delivered its opinion on Slovenia’s updated stability programme for
2011-2014.
(4)       On 23 November 2011, the
Commission adopted the second Annual Growth Survey, marking the start of the second
European Semester of ex-ante and integrated policy coordination, which is
anchored in the Europe 2020 strategy. On 14 February 2012, the Commission, on
the basis of Regulation (EU) No 1176/2011, adopted the Alert Mechanism Report[6],
in which it identified Slovenia as one of the Member States for which an
in-depth review would be carried out.
(5)       On 2 March 2012, the
European Council endorsed the priorities for ensuring financial stability,
fiscal consolidation and action to foster growth. It underscored the need to pursue
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.
(6)       On
2 March 2012, the European Council also invited the Member States participating
in the Euro Plus Pact to present their commitments in time for inclusion in
their stability or convergence programmes and their national reform programmes.
(7)       On 26 April 2012, Slovenia
submitted its stability programme covering the period 2012-2015 and, on 13
April 2012, its national reform programme for 2012. In order to take account of
their interlinkages, the two programmes have been assessed at the same time.
The Commission has also assessed, in an in-depth review under Article 5 of
Regulation (EU) No 1176/2011, whether Slovenia is affected by macroeconomic
imbalances. The Commission concluded in its in-depth review[7] that Slovenia
is experiencing internal imbalances which impact notably on corporate sector
deleveraging and banking stability. These internal imbalances and any potential
external imbalances should be closely monitored and feature in economic policy
considerations so as to reduce the risk of adverse effects on the functioning
of the economy. The recapitalisation and sale of the biggest bank and the firm
commitment to correcting the excessive deficit by the 2013 deadline are two
important and relevant elements of the currently envisaged response. The risk
of excessive imbalances can be minimised by prompt and thorough implementation
in these areas.
(8)       Based
on the assessment of the 2012 stability programme pursuant to Council
Regulation (EC) No 1466/97, the Council is of the opinion that the
macroeconomic scenario underpinning the budgetary projections in the programme
is optimistic when compared with the Commission’s 2012
spring forecast. The objective of the budgetary strategy outlined in the
programme is to bring the general government deficit below 3% of GDP in 2013,
the deadline set by the Council, and to pursue further deficit reduction
thereafter so as to broadly achieve Slovenia’s medium-term budgetary objective
(MTO) by 2015. The MTO is defined as a balanced position in structural terms,
unchanged from the previous programme, but cannot be regarded as appropriate
under the provisions of the Stability and Growth Pact because, based on current
policies and projections, it does not ensure sufficiently rapid progress
towards long-term sustainability. There are risks that the deficit outcomes
could be worse than targeted, due to (i) a lack of specification of the
measures foreseen for the period 2013-15; (ii) a track record of primary
current expenditure overruns; (iii) lower revenue given the relatively
optimistic macroeconomic scenario and uncertainty about the impact of the
recently decided tax measures; and (iv) possible additional capital support
operations and calling of guarantees. Based on the (recalculated) structural
balance[8], the average annual
fiscal effort over the period 2010-2013, is planned to be almost 1% of GDP,
slighty above the one recommended by the Council. However, the Commission's
2012 spring forecast implies that an additional effort will have to be made in
2013 to respect the recommendation over the entire correction period. After the planned correction of the excessive deficit, the annual pace of progress towards the MTO according to the
programme is in line with the 0.5% benchmark set in the Stability and Growth
Pact in 2015 but below it in 2014, while the rate of growth of government
expenditure, taking into account discretionary revenue measures, is in line with
the expenditure benchmark of the Stability and Growth Pact in both years, so
overall the programme plans a broadly appropriate
adjustment path towards the MTO. Taking account of the
risks mentioned above, the progress towards the MTO could be slower than
appropriate in both years. From around 48% of GDP in 2011, general government
gross debt is projected in the programme to peak by 2013 at 53% (thus remaining
below the 60% of GDP reference value) before falling slightly by the end of the
programme period. The debt
projections are subject to upward risks from the possibility of higher deficits
mentioned above and higher stock-flow adjustments. Slovenia’s
medium-term budgetary framework and expenditure rule remain insufficiently
binding and insufficiently focussed on achieving the MTO and securing long-term
sustainability.
(9)       The
Slovenian government was until now not in a position to make any systemic
changes to the pension system, given the 12-month moratorium on legislation
after the June 2011 negative referendum on a previous pension reform. However,
short-term cost containment measures were prolonged and strengthened in
December 2011 and May 2012. While relevant and beneficial in the short run, these
stop-gap measures are clearly insufficient to address the long-term challenge. The government envisages a new pension reform to be implemented by
the end of 2013, which would be based on a multi-pillar system and a rise in
the effective retirement age. While no further details are provided, the degree
of ambition of these plans seems modest. Given the size of the challenge, a
comprehensive reform tackling the following issues is warranted: a low
statutory retirement age, differences in the statutory retirement age for men
and women, wide early retirement possibilities and generous indexation arrangements
for pensions. So far, no specific measures have been
implemented to increase the employment rate of older workers, although the guidelines
for the implementation of the active labour market policy measures 2012-2015
and the 2012 plan for the implementation of active employment policy measures
address the older unemployed as a specific target group.
(10)     The
situation in the Slovenian banking sector now appears even more challenging
than at the time of the 2011 assessment. The full-year losses of the sector in
2011 were substantial and, looking ahead, the slowing economy will bring
further loan losses as more companies struggle with debt service. The measures
that have been introduced or announced so far lack ambition given the size of
the challenge. The urgent second recapitalisation of the biggest bank (NLB) has
not progressed. The new government has indicated its intention to reduce its
shareholdings in major banks to a blocking minority. There is a need to articulate
the relationship between this longer-term aspiration and the immediate and
pressing need for fresh capital, where the state as majority owner
unambiguously carries the burden of responsibility in the final analysis. A
clear privatisation strategy underpinned by timely injections of capital to
cover losses, a guarantee of good governance and professional, de-politicised
management would make this policy and the eventual sale of these banks more
credible.
(11)     No
concrete proposals were presented in the past year to reduce asymmetries
between the protection accorded to workers on permanent and temporary contracts
respectively. Negotiations with social partners on the Labour Relationship Act
started in 2011 but no agreement has been reached or amendments adopted. The NRP indicates some measures to increase flexicurity and address
segmentation, but provides no timetable for their adoption. The recently
adopted Act on Balancing Public Finances introduces significantly higher charges
(concession fees) for ‘student work’ to reduce the attractiveness of this
labour market status but no additional measures are currently envisaged.
(12)     The
responsiveness of the education and training system to labour-market needs
remains insufficient, although career-guidance services are currently being
introduced in the whole cycle of education and efforts are being made to
provide information on future careers. No concrete steps have been taken to set
up a system to forecast labour-market demand. Some projects co-financed with
the European Social Fund were launched to promote occupations in high demand in
the labour market. These measures are relevant but altogether represent an
inadequate response to the challenge. The external expert evaluation of the
overall effectiveness of the public employment service in Slovenia is not available
for assessment.
(13)     Despite
legislative changes in April 2011 to transform the Competition Protection
Office (CPO) into an independent agency as of 1 January 2012, the CPO is not
yet independent, given that several procedural conditions have to be fulfilled
first. Moreover, in 2011 the CPO's resources were reduced. These developments
affect its ability to expand its enforcement actions and to lend institutional
weight to competition-boosting reform efforts. A study
has just been completed on the deregulation of professions, but concrete policy
action in this area remains vague. More generally, some
aspects of the legal framework for the establishment of service providers may
raise questions of compatibility with the Services
Directive. The overall business environment is
characterised by weaknesses that hold back domestic and foreign investors and
hamper the swift cleaning of bank balance sheets, such as direct and indirect
involvement of the state in the economy and debtor-friendly and sometimes
problematic insolvency proceedings. Finally, due to
its growing importance as a transit country for electricity flows, the national
transmission grid is starting to become a bottleneck.
(14)     Following a strong
discretionary increase in March 2010, the minimum wage as a percentage of the
average wage was the highest in the EU in 2011,
although the minimum wage is still below the poverty threshold. Indexation in the following two years has resulted in a further 4%
nominal increase. These developments reduce the competitiveness of
labour-intensive industries and exacerbate structural unemployment.
(15)     Slovenia
has made a number of commitments under the Euro Plus Pact. These commitments, and
the implementation of the commitments presented in 2011, relate to fostering employment, improving competitiveness, enhancing
sustainability of public finances and reinforcing financial stability. The Commission has assessed the implementation of the Euro Plus
Pact commitments. The results of this assessment have been taken into account
in the recommendations.
(16)     In the context of the
European Semester, the Commission has carried out a comprehensive analysis of Slovenia’s
economic policy. It has assessed the stability programme and national reform programme,
and it presented an in-depth review. It has taken into account not only their
relevance for sustainable fiscal and socio-economic policy in Slovenia 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 (7) below.
(17)     In the light of this assessment,
the Council has examined Slovenia’s stability programme, and its opinion[9]
is reflected in particular in recommendation (1) below.
(18)     In the light of the
Commission’s in-depth review and this assessment, the Council has examined
Slovenia’s 2012 national reform programme and the stability programme for
Slovenia. Its recommendations under Article 6 of Regulation (EU) No 1176/2011
are reflected in particular in recommendations (3), (6) and (7) below.
HEREBY RECOMMENDS that Slovenia
should take action within the period 2012-2013 to:
1.           Implement the 2012 budget,
and reinforce the budgetary strategy for 2013 with sufficiently specified
structural measures, standing ready to take additional measures so as to ensure
a timely correction of the excessive deficit in a sustainable manner and the
achievement of the structural adjustment effort specified in the Council
recommendations under the Excessive Deficit Procedure. Thereafter, ensure an
adequate structural adjustment effort to make sufficient progress towards an
appropriate medium-term objective for the budgetary position, including meeting
the expenditure benchmark. Strengthen the medium-term budgetary framework,
including the expenditure rule, by making it more binding and transparent.
2.           Take urgent steps to
ensure the long-term sustainability of the pension system, while preserving the
adequacy of pensions, by (i) equalising the statutory retirement age for men
and women; (ii) raising the statutory retirement age in line with increasing
life expectancy; (iii) reducing early retirement possibilities; and (iv) reviewing
the indexation system for pensions. Increase the employment rate of older
workers also by further developing active labour market policies and lifelong
learning measures.
3.           Take the required steps to
build sufficient capital buffers in the banking sector and strongly promote the
cleaning of balance sheets so that appropriate lending to productive activities
can resume. Obtain fully-fledged third party verification of systemically
important banks' stress loan-loss estimates.
4.           Adjust employment
protection legislation as regards permanent contracts in order to reduce labour
market segmentation, in consultation with social partners and in accordance
with national practices. Further tackle the parallel labour market caused by
student work.
5.           Improve the matching of
skills with labour market demand, particularly of low-skilled workers and
tertiary graduates, and continue reforms of vocational education and training.
6.           Take further steps to strengthen
market opening and speed up the reorganisation of professional services.
Improve the business environment through (i) implementing the reform of the Competition
Protection Office, (ii) establishing a framework for state-owned enterprises
guaranteeing arms-length management and high standards of corporate governance
and (iii) improving bankruptcy procedures, in particular in terms of timeliness
and efficiency.
7.           Following consultation
with social partners and in accordance with national practice, ensure that wage
growth, including minimum wage adaptation, supports competitiveness and job
creation.
Done at Brussels,
                                                                       For
the Council
                                                                       The
President
[1]               OJ L 209, 02.08.1997, p. 1
[2]               OJ L 306,
23.11.2011, p. 25
[3]               COM(2012)327 final
[4]               P7_TA(2012)0048 and P7_TA(2012)0047
[5]               Council Decision 2012/238/EU of 26 April 2012
[6]               COM(2012) 68 final
[7]               SWD(2012)158 final
[8]               Cyclically adjusted balance net of one-off and
temporary measures, recalculated by the Commission services on the basis of the information provided in the programme, using
the commonly agreed methodology.
[9]               Under Article 5(2) of Council Regulation (EC) No
1466/97.


Avis juridique important

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32003H0274

Commission Recommendation of 14 April 2003 on the protection and information of the public with regard to exposure resulting from the continued radioactive caesium contamination of certain wild food products as a consequence of the accident at the Chernobyl nuclear power station (notified under document number C(2003) 510)

Official Journal L 099 , 17/04/2003 P. 0055 - 0056

Commission Recommendationof 14 April 2003on the protection and information of the public with regard to exposure resulting from the continued radioactive caesium contamination of certain wild food products as a consequence of the accident at the Chernobyl nuclear power station(notified under document number C(2003) 510)(2003/274/EC)THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Article 38(1), and the second indent of Article 124 thereof,Having regard to the opinion of the Group of Experts appointed by the Scientific and Technical Committee pursuant to Article 31 of the Treaty,Whereas:(1) Following the accident at the Chernobyl nuclear power station on 26 April 1986, considerable quantities of radioactive materials were released into the atmosphere.(2) The fallout of radioactive caesium from the accident at the Chernobyl nuclear power station has affected a wide range of third countries.(3) Significant fallout has affected certain parts of the territories of a number of Member States and countries applying for accession to the European Union.(4) Council Regulation (EEC) No 737/90 of 22 March 1990 on the conditions governing imports of agricultural products originating in third countries following the accident at the Chernobyl nuclear power station(1), as last amended by Regulation (EC) No 616/2000(2), fixed for agricultural products in third countries intended for human consumption, maximum permitted levels of radioactive caesium with which imports must comply and in connection with which checks are carried out by Member States.(5) In a statement to the Council, on 12 May 1986 in connection to the adoption of Council Regulation (EEC) No 1707/86 of 30 May 1986 on the conditions governing imports of agricultural products originating in third countries following the accident at the Chernobyl nuclear power station(3), Member States committed themselves to apply the same maximum permitted levels to trade within the Community.(6) Commission Regulation (EC) No 1661/1999 of 27 July 1999 laying down detailed rules for the application of Council Regulation (EEC) No 737/90 on the conditions governing imports of agricultural products originating in third countries following the accident at the Chernobyl nuclear power station(4), as last amended by Regulation (EC) No 1608/2002(5), has, inter alia, introduced specific conditions strengthening the controls on the imports of non-cultivated mushrooms from a number of third countries.(7) Member States have applied and still apply when necessary, similar checks and conditions for the placing on the market of foodstuffs emanating from their national agro-industrial food supply chains in particular with regard to meat from sheep and reindeer.(8) The measures in situ in the territories of the Member States flow from existing legal obligations set out in Council Directive 96/29/Euratom of 13 May 1996 laying down basic safety standards for the protection of the health of the workers and the general public against the dangers arising from ionising radiation(6) and in Articles 35 and 36 of the Euratom Treaty.(9) Natural and semi-natural ecosystems such as forests and wooded areas generally are the natural habitat of wild game, berries and mushrooms and such ecosystems tend to retain radioactive caesium in a cyclic exchange between upper soil layers (litter), bacteria, microfauna, microflora and vegetation. In addition the soil of such ecosystems which consists for the most part of organic matter tends to increase the biological availability of radioactive caesium.(10) Wild berries like bilberries, cloudberries, cranberries, raspberries, blackberries and wild strawberries, edible wild mushrooms (chanterelles, bay boletus, hedgehogs, for example), wild game meat from roe deer and red deer and carnivorous freshwater fish from lakes (pike and perch, for example) in certain regions of the European Union continue to show levels of radioactive caesium exceeding 600 Bq/kg.(11) Mushrooms of the mycorrhizal species (Boletus edulis, for example) and meat of wild boar were affected much later by the fallout and today present very high levels of radioactive caesium contamination in areas with the highest deposition.(12) It is assumed that the duration of radioactive caesium contamination following the Chernobyl accident of a number of products originating from species living and growing in forests and other natural and semi-natural ecosystems essentially relates to the physical half-life of that radionuclide which is some 30 years and that therefore no appreciable change as regards the radioactive caesium contamination of these products will be observed in the next decades.(13) In recent years, data provided by some Member States to the Commission has shown that high levels of radioactive caesium continue to be found in wild game, wild berries, wild mushrooms and carnivorous lake fish.(14) The placing on the market of edible wild products does not necessarily proceed through the agro-industrial food supply chains, the national statutory monitoring and checks could therefore be bypassed.(15) Public awareness of the continued contamination of wild products tends to decline, even though the implication of the contamination of these products for the health of persons who consume large quantities of such products from affected regions cannot be neglected.(16) The implication of the contamination of wild products for the health of the general public is very low, and there is therefore no need for more binding requirements to be adopted.(17) Regulation (EC) No 178/2002 of the European Parliament and of the Council of 28 January 2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety(7) has set up a system for the rapid exchange of information. It is necessary to use that system for exchanging information between the Member States on recorded cases of exceedance of the maximum permitted levels,HEREBY RECOMMENDS:1. For the purpose of protecting the health of the consumer, Member States should take appropriate steps to ensure that the maximum permitted levels in terms of caesium-134 and caesium-137 referred to in Article 3 of Regulation (EEC) No 737/90 are respected in the Community for the placing on the market of wild game, wild berries, wild mushrooms and carnivorous lake fish.2. Member States should inform the population, in regions where there is a potential for such products to exceed the maximum permitted levels, of the health risk involved.3. Member States should inform the Commission and each other of recorded cases of such products placed on the Community market exceeding the maximum permitted levels through the Community Rapid Alert System laid down in Regulation (EC) 178/2002.4. Member States should inform the Commission and the other Member States of the action taken in response to this recommendation.Done at Brussels, 14 April 2003.For the CommissionMargot WallströmMember of the Commission(1) OJ L 82, 29.3.1990, p. 1.(2) OJ L 75, 24.3.2000, p. 1.(3) OJ L 146, 31.5.1986, p. 88.(4) OJ L 197, 29.7.1999, p. 17.(5) OJ L 243, 11.9.2002, p. 7.(6) OJ L 159, 29.6.1996, p. 1.(7) OJ L 31, 1.2.2002, p. 1.


title: Council Recommendation of 8 July 2014 on the National Reform Programme 2014 of Denmark and delivering a Council opinion on the Convergence Programme of Denmark, 2014

text:
               29.7.2014

               EN

               Official Journal of the European Union

               C 247/17

         COUNCIL RECOMMENDATION
   of 8 July 2014
   on the National Reform Programme 2014 of Denmark and delivering a Council opinion on the Convergence Programme of Denmark, 2014
   2014/C 247/04
   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,
   Having regard to the resolutions of the European Parliament,
   Having regard to the conclusions of the European Council,
   Having regard to the opinion of the Employment Committee,
   Having regard to the opinion of the Economic and Financial Committee,
   Having regard to the opinion of the Social Protection Committee,
   Having regard to the opinion of the Economic Policy Committee,
   Whereas:

               (1)

               On 26 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 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, on the basis of the Commission's proposals, 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 9 July 2013, the Council adopted a Recommendation (4) on Denmark's National Reform Programme for 2013 and delivered its opinion on Denmark's updated Convergence Programme for 2013-2016.

               (5)

               On 13 November 2013, the Commission adopted the Annual Growth Survey, marking the start of the 2014 European Semester for economic policy coordination. Also, on 13 November 2013, the Commission, on the basis of Regulation (EU) No 1176/2011, adopted the Alert Mechanism Report, in which it identified Denmark as one of the Member States for which an in-depth review would be carried out.

               (6)

               On 20 December 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 5 March 2014, the Commission published the results of its in-depth review for Denmark, under Article 5 of Regulation (EU) No 1176/2011. The Commission's analysis leads it to conclude that Denmark's macroeconomic challenges related to private debt and external competitiveness were no longer identified as imbalances in the sense of the Macroeconomic Imbalance Procedure. In particular, the adjustment on the housing market and the implications of high private-sector debt for the real economy and the stability of the financial sector seem contained. However, these developments, as well as drivers of external competitiveness, deserve continued monitoring.

               (8)

               On 15 April 2014, Denmark submitted its 2014 National Reform Programme and its 2014 Convergence Programme. In order to take account of their interlinkages, the two programmes have been assessed at the same time.

               (9)

               The objective of the budgetary strategy outlined in the 2014 Convergence Programme is to ensure the sustainability of the correction of the excessive deficit and to maintain the structural budget balance at or above the medium-term objective. The medium-term objective, at -0,5 % of GDP, reflects the requirements of the Stability and Growth Pact. Denmark's general government deficit has been sustainably brought below 3 % of GDP in 2013. The Convergence Programme targets a general government headline deficit of 1,3 % of GDP in 2014 and 2,9 % in 2015, which is consistent with a (recalculated) structural balance at or above the medium-term objective. Overall, the budgetary strategy outlined in the Convergence Programme is in line with the requirements of the Stability and Growth Pact. The debt level, at 44,5 % of GDP in 2013, is planned to temporarily increase in 2015 and to decline thereafter. The macroeconomic scenario underpinning the budgetary projections in the Convergence Programme is plausible. The scenario projects GDP growth at 1,6 % in 2014 and 1,9 % in 2015 and is broadly in line with the Commission services 2014 spring forecast of 1,5 % and 1,9 %. Based on the assessment of the 2014 Convergence Programme and the Commission forecast, pursuant to Regulation (EC) No 1466/97, the Council is of the opinion that Denmark's public finances are sound and the Convergence Programme's objective can be expected to be achieved.

               (10)

               Denmark has made some progress in addressing the situation of groups at the margins of the labour market as well as advancing the cost-effectiveness of the education system. The reform of disability pensions and flex-jobs has begun to show results, the cash benefit reform has entered into force, a sickness benefit reform has been agreed and, in April, the Government launched a reform proposal for active labour market policies. Challenges remain so as to ensure a sufficient number of apprenticeships and enhance the quality and image of this type of learning, upgrade vocational education and training systems and address high rates of school drop-out. Due to the early stage of implementation of the reforms, the full effect remains yet to be seen. Regarding vocational education and training, a reform agreement was reached in February 2014 and is expected to come into force in mid-2015, with a view to improving the quality of vocational education and training through a wide range of initiatives.

               (11)

               Reinvigorating productivity remains a challenge for the Danish economy. The Commission's assessment is broadly in line with the Productivity Commission's findings. In April 2014, the Productivity Commission published 25 main recommendations and more than 100 concrete proposals within areas such as competition, public procurement, education, internationalisation, innovation, taxation and infrastructure. Steps towards tackling the challenge of low productivity growth should be taken through the implementation of the Productivity Commission's recommendations.

               (12)

               In the context of the European Semester, the Commission has carried out a comprehensive analysis of Denmark's economic policy. It has assessed the National Reform Programme and the Convergence Programme. It has taken into account not only their relevance for sustainable fiscal and socio-economic policy in Denmark 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 (3) below.

               (13)

               In the light of this assessment, the Council has examined the Convergence Programme, and its opinion (5) is reflected in particular in recommendation (1) below,

         HEREBY RECOMMENDS that Denmark take action within the period 2014-2015 to:

               (1)

               Following the correction of the excessive deficit, continue to pursue a growth-friendly fiscal policy and preserve a sound fiscal position, ensuring that the medium-term budgetary objective continues to be adhered to throughout the period covered by the Convergence Programme.

               (2)

               Take further measures to improve the employability of people at the margins of the labour market. Improve educational outcomes, in particular for young people with a migrant background, and the effectiveness of vocational training. Facilitate the transition from education to the labour market, including through a wider use of work-based training and apprenticeships.

               (3)

               Increase efforts to remove barriers to entry and reduce regulatory burden with a view to increasing competition in the domestic services sector, in particular in retail and construction, as recommended by the Productivity Commission.

      Done at Brussels, 8 July 2014.

            For the Council

            The President

         P. C. PADOAN

      (1)  OJ L 209, 2.8.1997, p. 1.

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

      (3)  Maintained for 2014 by Council Decision 2014/322/EU of 6 May 2014 on guidelines for the employment policies of the Member States for 2014 (OJ L 165, 4.6.2014, p. 49).

      (4)  OJ C 217, 30.7.2013, p. 18.

      (5)  Under Article 9(2) of Regulation (EC) No 1466/97.


title: Commission Recommendation (EU) 2016/1110 of 28 June 2016 on the monitoring of the presence of nickel in feed (Text with EEA relevance)

text:
               8.7.2016

               EN

               Official Journal of the European Union

               L 183/68

         COMMISSION RECOMMENDATION (EU) 2016/1110
   of 28 June 2016
   on the monitoring of the presence of nickel in feed
   (Text with EEA relevance)
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 292 thereof,
   Whereas:

               (1)

               The presence of nickel (Ni) in feed can arise from both natural and anthropogenic sources. Additionally, certain feed materials contain metallic nickel, since it is used as a catalyst in their production.

               (2)

               The European Food Safety Authority (‘the Authority’) Panel on Contaminants in the Food Chain (CONTAM Panel) has provided a scientific opinion on the risks to animal and public health and the environment to the presence of Ni in feed (1).

               (3)

               The CONTAM Panel concluded that any adverse impact of Ni via feed to cattle, pigs, rabbits, ducks, fish, dogs, chickens, horses, sheep, goats and cats is unlikely. Concerning the assessment of human health risks from the presence of Ni in food of animal origin, the CONTAM Panel concluded that in the average population the current levels of chronic exposure to Ni, considering only foods of animal origin, might be of potential concern in the young population. Regarding acute dietary exposure, the CONTAM Panel concluded that nickel-sensitized individuals are also at risk of developing eczematous flare-up skin reactions through the consumption of food of animal origin. The contribution of food of animal origin to human dietary exposure to Ni should therefore not be underestimated, particularly in age classes with high dietary exposure to Ni. However from the available data it was not possible to determine carry-over rates from feed to food of animal origin.

               (4)

               It is observed that the occurrence data on Ni in feed used in the EFSA scientific opinion were mainly originating from one Member State and are therefore not necessarily representative for the presence of Ni in feed in the EU.

               (5)

               It is therefore appropriate to monitor the presence of Ni in feed across the EU before considering the setting of maximum levels of Ni in feed or any other risk management measures needed to ensure a high level of animal and human health protection,

         HAS ADOPTED THIS RECOMMENDATION:

               1.

               Member States should, with the active involvement of feed business operators, perform monitoring for the presence of Ni in feed.

               2.

               In order to ensure that the samples are representative for the sampled lot, Member States should follow the sampling procedure laid down in Commission Regulation (EC) No 152/2009 (2).

               3.

               Member States should ensure that the analytical results are provided on a regular basis and at the latest by 31 October 2017 to EFSA in the EFSA data submission format in line with the requirements of EFSA's Guidance on Standard Sample Description (SSD) for Food and Feed (3) and the additional EFSA's specific reporting requirements.

      Done at Brussels, 28 June 2016.

            For the Commission

         Vytenis ANDRIUKAITIS

            Member of the Commission

      (1)  EFSA CONTAM Panel (EFSA Panel on Contaminants in the Food Chain), 2015. Scientific Opinion on the risks to animal and public health and the environment related to the presence of nickel in feed. EFSA Journal 2015;13(4):4074, 76 pp. doi:10.2903/j.efsa.2015.4074 www.efsa.europa.eu/efsajournal

      (2)  Commission Regulation (EC) No 152/2009 of 27 January 2009 laying down the methods of sampling and analysis for the official control of feed (OJ L 54, 26.2.2009, p. 1).

      (3)  http://www.efsa.europa.eu/en/datex/datexsubmitdata.htm


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31988H0590

88/590/EEC: Commission Recommendation of 17 November 1988 concerning payment systems, and in particular the relationship between cardholder and card issuer

Official Journal L 317 , 24/11/1988 P. 0055 - 0058

*****COMMISSION  RECOMMENDATION  of 17 November 1988  concerning payment systems, and in particular the relationship between cardholder and card issuer  (88/590/EEC)  THE COMMISSION OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular the second indent of Article 155 thereof,  Whereas one of the main objectives of the Community is to complete not later than 1992 the internal market, of which payment systems are essential parts;  Whereas paragraph 18 of the Annex to the Council resolution of 14 April 1975 on a preliminary programme of the European Economic Community for a consumer protection and information policy (1), indicated that the protection of the economic interests of consumers should be based on the following principles (2): (i) that purchasers of goods and services should be protected against standard contracts, and in particular against the exclusion of essential rights in contracts, (ii) that the consumer should be protected against damage to his economic interests caused by unsatisfactory services, and (iii) that the presentation and promotion of goods and services, including financial services, should not be designed to mislead, either directly or indirectly, the person to whom they are offered or by whom they have been requested; whereas paragraph 24 in the Annex to the said preliminary programme specified that the protection of the consumer against unfair commercial practices, inter alia, as regards terms of contracts, is to be given priority treatment in implementing that programme;  Whereas the Commission's White Paper on 'Completing the Internal Market' (3), communicated to the Council in June 1985, referred in paragraph 121 to new technologies which will transform the European marketing and distribution system and engender a need for adequate consumer protection, and further referred in paragraph 122 to electronic banking, payment cards and videotex;  Whereas the Commission's policy document entitled 'A New Impetus for Consumer Protection Policy', communicated to the Council in July 1985 (1) which was the subject of a Council resolution adopted on 23 June 1986 (2) referred in paragraph 34 to electronic fund transfer and announced in the timetable contained in the Annex thereto a proposal for a directive on that matter, for adoption by the Council in 1989; whereas it is appropriate to accelerate financial consumer protection in the field of payment systems and certain other services available to consumers; whereas the forms of financial service, including financial self-service, and the means of purchasing goods and services which are now in use in market places in Member States (some of them even in the homes of consumers) are furnished upon divergent terms of contract and of consumer protection from one Member State to another;  Whereas there has been much change in recent years in the types of financial service available to and used by consumers, particularly as regards payment methods and as regards the purchasing of goods and services; whereas new forms thereof have emerged and are continuing to develop;  Whereas the various terms of contract currently used in this field in Member States are not only divergent from one to another (and indeed within any one Member State) but also in some cases disadvantageous to the consumer; whereas more effective protection of consumers can be achieved by the use of common terms which are to apply to all these forms of financial service;  Whereas the consumer should receive adequate information concerning the terms of contract, including the fees and other costs, if any, payable by the consumer for these services, and concerning his rights and obligations under the contract; whereas this information should include an unequivocal statement of the extent of the consumer's obligations as holder (hereinafter called 'contracting holder') of a card or other device enabling him to make payments in favour of third persons, as well as to perform certain financial services for himself;  Whereas the protection of the consumer as a contracting holder is further improved if such contracts are made in writing and contain certain minimum particulars concerning the contractual terms, including an indication of the period within which his operations will normally be credited, debited or invoiced;  Whereas no payment device, whether in the form of a plastic card or otherwise, should be dispatched to a member of the public except in response to an application from such person; whereas the contract concluded between that person and the issuer of the payment device should not be binding before the applicant has received the device and also knows the applicable terms of contract;  Whereas, given the nature of the technology currently used in the field of payment devices, including both the manufacture and use of them, it is essential that operations effected by means of them should be the subject of records in order that operations can be traced and errors can be rectified; whereas the contracting holder has no means of access to those records, and consequently the burden of proof to show that an operation was accurately recorded and entered into the accounts and was not affected by technical breakdown or other deficiency should lie upon the person who under a contract furnishes the payment device to him, namely the issuer;  Whereas payment instructions communicated electronically by a contracting holder should be irrevocable, so that a payment made thereby shall not be reversed; whereas the contracting holder should be supplied with a record of the operations he effects by means of a payment device;  Whereas common rules need to specified concerning the issuer's liability for non-execution or for defective execution of a contracting holder's payment instructions and allied operations, and for transactions which have not been authorized by the contracting holder, subject always to the contracting holder's own obligations in the case of lost, stolen or copied payment devices;  Whereas common terms of contract need also to be specified concerning the consequences to the contracting holder if he loses his payment device or it is stolen from him or copied;  Whereas for the purpose of ensuring that electronic payment networks can function and payment devices be used internationally, it is necessary that certain minimum data relating to a contracting holder can be transmitted across forntiers, but subject to certain ocnditions;  Whereas the Commission will monitor the implementation of this recommendation, and if, after 12 months, it finds the implementation unsatisfactory, the Commission will take appropriate measures,  RECOMMENDS:  That not later than 12 months after the date hereof:  1. issuers of payment devices and system providers conduct their activities in accordance with the provisions contained in the Annex hereto;  2. Member States ensure, in order to facilitate the operations referred to in the Annex, that data relating to contracting holders may be transmitted, but that the data transmitted shall be kept:  - to the requisite minimum, and  - confidential by all persons to whose knowledge they are brought in the course of such operations.  Done at Brussels, 17 November 1988.  For the Commission  Grigoris VARFIS  Member of the Commission  (1) OJ No C 92, 25. 4. 1975, p. 1.  (2) Confirmed in paragraph 28 of the second programme (OJ No C 133, 3. 6. 1981, p. 1).  (3) COM(85) 310 final, 14. 6. 1985.  (4) COM(85) 314 final, 27. 6. 1985.  (5) OJ No C 167, 5. 7. 1986, p. 1.  ANNEX  1. This Annex applies to the following operations:  - electronic payment involving the use of a card, in particular at point of sale,  - the withdrawing of banknotes, the depositing of banknotes and cheques, and connected operations, at electronic devices such as cash dispensing machines and automated teller machines,  - non-electronic payment by card, including processes for which a signature is required and a voucher is produced, but not including cards whose sole function is to guarantee payment made by cheque,  - electronic payment effected by a member of the public without the use of a card, such as home banking.  2. For the purposes of this Annex the following definitions apply:  'Payment device': a card or some other means enabling its user to effect operations of the kind specified in paragraph 1.  'Issuer': a person who, in the course of his business, makes available to a member of the public a payment device pursuant to a contract concluded with him.  'System provider': a person who makes available a financial product under a specific trade name, and usually with a network, thus enabling payment devices to be used for the operations aforesaid.  'Contracting holder': a person who, pursuant to a contract concluded between him and an issuer, holds a payment device.  'Company-specific card': a card issued by a retailer to his client, or by a group of retailers to their clients, in order to allow or facilitate, without giving access to a bank account, payment for purchases of goods or services exclusively from the issuing retailer or retailers, or from retailers who under contract accept the card.  3.1. Each issuer shall draw up full and fair terms of contract, in writing, to govern the issuing and use of the payment devices he issues.  3.2. Those terms of contract shall be expressed:  - in easily understandable words and in so clear a form that they are easy to read,  - in the language or languages which are ordinarily used for such or similar purposes in the regions where the terms of contract are offered.  3.3. The terms of contract shall specify the basis of calculation of the amount of the charges (including interest), if any, which the contracting holder must pay to the issuer.  3.4. The terms of contract shall specify:  - whether the debiting or crediting of operations will be instantaneous and, if not, the period of time within which this will be done,  - for those operations which lead to invoicing of the contracting cardholder, the period of time within which this will be done;  3.5. The terms of contract shall not be altered except by agreement between the parties; however, such agreement shall be deemd to exist where the issuer proposes an amendment to the contract terms and the contracting holder, having received notice thereof, continues to make use of the payment device.  4.1. The terms of contract shall put the contracting holder under obligation vis-à-vis the issuer:  (a) to take all reasonable steps to keep safe the payment device and the means (such as a personal identification number or code) which enable it to be used;  (b) to notify the issuer or a central agency without undue delay after becoming aware:  - of the loss or theft or copying of the payment device or of the means which enable it to be used;  - of the recording on the contracting holder's account of any unauthorized transaction;  - of any error or other irregularity in the maintaining of that account by the issuer.  (c) not to record on the payment device the contracting holder's personal identification number or code, if any, nor to record those things on anything which he usually keeps or carries with the payment device, particularly if they are likely to be lost or stolen or copied together;  (d) not to countermand an order which he has given by means of his payment device. 4.2. The terms of contract shall state that provided the contracting holder complies with the obligations imposed upon him pursuant to subparagraphs (a), (b) first indent, and (c) of paragraph 4.1, and otherwise does not act with extreme negligence, or fraudulently, in the circumstances in which he uses his payment device he shall not, after notification, be liable for damage arising from such use.  4.3. The terms of contract shall put the issuer under obligation vis-à-vis the contracting holder not to disclose the contracting holder's personal identification number or code or similar confidential data, if any, except to the contracting holder himself.  5. No payment device shall be dispatched to a member of the public except in response to an application from such person; and the contract between the issuer and the contracting holder shall be regarded as having been concluded at the time when the applicant receives the payment device and a copy of the terms of contract accepted by him.  6.1. In relation to the operations referred to in paragraph 1, issuers shall keep, or cause to be kept, internal records which are sufficiently substantial to enable operations to be traced and errors to be rectified. To this end, issuers shall make the requisite arrangements with the system providers, as necessary;  6.2. In any dispute with a contracting holder concerning an operation referred to in the first, second and fourth indents of paragraph 1 and relating to liability for an unauthorized electronic fund transfer, the burden of proof shall be upon the issuer to show that the operation was accurately recorded and accurately entered into accounts and was not affected by technical breakdown or other deficiency.  6.3. The contracting holder, if he so requests, shall be supplied with a record of each of his operations, instantaneously or shortly after he has completed it; however in the case of payment at point of sale the till receipt supplied by the retailer at the time of purchase and containing the references to the payment device shall satisfy the requirements of this provision.  7.1. Vis-à-vis a contracting holder the issuer shall be liable, subject to paragraphs 4 and 8:  - for the non-execution or defective execution of the contracting holder's operations as referred to in paragraphe 1, even if an operation is initiated at electronic devices which are not under the issuer's direct or exclusive control,  - for operations not authorized by the contracting holder.  7.2. Save as stated in paragraph 7.3 the liability indicated in the paragraph 7.1 shall be limited as follows:  - in the case of non-execution or defective execution of an operation, the amount of the liability shall be limited to the amount of the unexecuted or defectively executed operation,  - in the case of an unauthorized operation, the amount of the liability shall extend to the sum required to restore the contracting holder to the position he was in before the unauthorized operation took place.  7.3. Any further financial consequences, and, in particular, questions concerning the extent of the damage for which compensation is to be paid, shall be governed by the law applicable to the contract concluded between the issuer and the contracting holder.  8.1. Each issuer shall provide means whereby his customers may at any time of the day or night notify the loss, theft or copying of their payment devices; but in the case of company-specific cards these means of notification need only be made available during the issuer's hours of business;  8.2. Once the contracting holder has notified the issuer or a central agency, as required by paragraph 4.1 (b), the contracting holder shall not thereafter be liable; but this provision shall not apply if the contracting holder acted with extreme negligence or fraudulently.  8.3. The contracting holder shall bear the loss sustained, up to the time of notification, in consequence of the loss, theft or copying of the payment device, but only up to the equivalent of 150 ecus for each event, except where he acted with extreme negligence or fraudulently.  8.4. The issuer, upon receipt of notification, shall be under obligation, even if the contracting holder acted with extreme negligence or fraudulently, to take all action open to him to stop any further use of the payment device.


title: Recommendation of the European Central Bank of 8 October 2010 to the Council of the European Union on the external auditors of Eesti Pank (ECB/2010/16)

text:
               19.10.2010

               EN

               Official Journal of the European Union

               C 282/1

         RECOMMENDATION OF THE EUROPEAN CENTRAL BANK
   of 8 October 2010
   to the Council of the European Union on the external auditors of Eesti Pank
   (ECB/2010/16)
   2010/C 282/01
   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 of the national central banks of the Eurosystem are audited by independent external auditors recommended by the ECB’s Governing Council and approved by the Council of the European Union.

               (2)

               Pursuant to Article 1 of the Council Decision 2010/416/EU of 13 July 2010 in accordance with Article 140(2) of the Treaty on the adoption by Estonia of the euro on 1 January 2011 (1) Estonia fulfils the necessary conditions for the adoption of the euro and the derogation in favour of Estonia referred to in Article 4 of the 2003 Act of Accession (2) is abrogated with effect from 1 January 2011.

               (3)

               Eesti Pank has selected AS Deloitte Audit Eesti as its external auditors for the financial years 2011 to 2015,

         HAS ADOPTED THIS RECOMMENDATION:
   It is recommended that AS Deloitte Audit Eesti should be appointed as the external auditors of Eesti Pank for the financial years 2011 to 2015.

      Done at Frankfurt am Main, 8 October 2010.

            The President of the ECB

         Jean-Claude TRICHET

      (1)  OJ L 196, 28.7.2010, p. 24.

      (2)  OJ L 236, 23.9.2003, p. 33.


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32002H0515(02)

Council Recommendation of 25 April 2002 on the need to enhance cooperation and exchanges of information between the various operational units specialising in combating trafficking in precursors in the Member States of the European Union

Official Journal C 114 , 15/05/2002 P. 0003 - 0004

Council Recommendationof 25 April 2002on the need to enhance cooperation and exchanges of information between the various operational units specialising in combating trafficking in precursors in the Member States of the European Union(2002/C 114/02)THE COUNCIL OF THE EUROPEAN UNION,Taking into account:- the United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances of 20 December 1988,- the European Union Drugs Strategy (2000-2004) approved by the Helsinki European Council in December 1999,- the European Union Action Plan to Combat Drugs (2000-2004) approved by the Feira European Council in June 2000,- the Presidency Conclusions of the European Council in Tampere on 15 and 16 October 1999,- the Political Declaration of the United Nations General Assembly Special Session (UNGASS) on Countering the World Drug Problem together, New York, 8 to 10 June 1998,Whereas:(1) "Precursors" means the substances listed in the tables annexed to the United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances of 20 December 1988 and referred to in Regulation (EEC) No 3677/90(1) and Directive 92/109/EEC(2).(2) The European Community has adopted internal legislation to prevent, as far as possible, the diversion of precursors, establishing administrative measures for control and supervision of the manufacture and marketing of precursors within the Community and in trade in precursors between the Community and third countries.(3) There is increasing international awareness of the need to combat offences aimed at diverting chemical precursors from the legal market in order to manufacture illicit drugs, addressing the specific nature of investigations of this kind whenever necessary from the viewpoint of law enforcement.(4) Every day it is becoming increasingly important to increase the capacity of the respective operational authorities of the Member States responsible for combating the illicit diversion of precursors.(5) International cooperation appears to be one of the most important elements in combating the diversion and trafficking of chemical precursors. The Purple and Topaz operations, two global programmes for monitoring and preventing the diversion of potassium permanganate and acetic anhydride, are an indication of the value of this cooperation,HEREBY RECOMMENDS:1. Promoting action within the European Union in connection with the need to step up the operations of the Member States' law enforcement agencies in combating the diversion of chemical precursors used for the illicit manufacture of narcotics and psychotropic substances.Such action by the European Union should be aimed at:- stimulating the exchange of experience and best practice between the Member States' various operational services and law enforcement agencies, strengthening direct channels of communication between those responsible at national level for the important matter of diversion and trafficking of precursors. Operational coordination of action and the exchange of useful intelligence are of the utmost importance in combating the diversion of precursors,- imparting up-to-date knowledge by means of joint training courses for professionals with the task of investigating the methods, forms and mechanisms used by criminal organisations in the diversion of precursors and the illicit manufacture of drugs, given the constant adaptation of criminal methods of operation and the technological sophistication frequently achieved in this area.2. Promoting action by the European Union in certain geographical areas where criminal activity occurs in connection with the illicit trafficking and diversion of precursors and the illicit manufacture of drugs. In this connection, the Balkans, Central Asia (including Afghanistan), certain areas of Latin America and Africa and the Far East could be targets of special importance for future action.3. Maximising the potential of Europol and the Task Force of Chiefs of Police of the Member States of the European Union as well as the Commission in the context of the initiatives taken to combat illicit activity connected with the diversion of precursors.4. Setting up, whenever necessary, joint specialised operational units which are well equipped and dedicated exclusively to combating the trafficking and diversion of precursors used in manufacturing heroin, cocaine and synthetic drugs such as ecstasy and amphetamines.5. Encouraging continuous cooperation between the control authorities and the chemical industry, in particular in connection with chemical substances which, although not yet controlled by law as "precursors", appear on the Community's voluntarily controlled lists and may be being used in the illicit manufacture of drugs.6. Ensuring that the Community's guidelines on chemical precursors, including advice on the identification of suspicious transactions, are updated regularly and disseminated to the chemical industry. The chemical industry should also be encouraged to inform the competent authorities of orders and purchases of chemical substances or laboratory equipment when there is any suspicion that they can be used for the illicit manufacture of drugs.Done at Luxembourg, 25 April 2002.For the CouncilThe PresidentM. Rajoy Brey(1) OJ L 357, 20.12.1990, p. 1. Regulation as last amended by Regulation (EC) No 1116/2001 (OJ L 153, 8.6.2001, p. 4).(2) OJ L 370, 19.12.1992, p. 76. Directive as last amended by Directive 2001/8/EC (OJ L 39, 9.2.2001, p. 31).


title: 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 Finland, 2002-2006

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32003H0010

Commission Recommendation of 10 January 2003 concerning a coordinated programme for the official control of foodstuffs for 2003 (Text with EEA relevance) (notified under document number C(2002) 5556)

Official Journal L 007 , 11/01/2003 P. 0076 - 0081

Commission Recommendationof 10 January 2003concerning a coordinated programme for the official control of foodstuffs for 2003(notified under document number C(2002) 5556)(Text with EEA relevance)(2003/10/EC)THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Directive 89/397/EEC of 14 June 1989 on the official control of foodstuffs(1), and in particular Article 14(3) thereof,After consultation of the Standing Committee on the Food Chain and Animal Health,Whereas:(1) It is necessary, with a view to the sound operation of the internal market, to arrange for coordinated food inspection programmes at Community level designed to improve the harmonised implementation of the official controls by the Member States.(2) Such programmes place emphasis on compliance with Community legislation, the protection of public health, consumer interests and fair trade practices.(3) Article 3 of Council Directive 93/99/EEC of 29 October 1993 on the subject of additional measures concerning the official control of foodstuffs(2) requires the laboratories referred to in Article 7 of Directive 89/397/EEC to comply with the criteria in European standard EN 45000 series, now replaced by EN ISO 17025:2000.(4) The results from simultaneous implementation of national programmes and coordinated programmes may provide information and experience on which to base future control activities and legislation,HEREBY RECOMMENDS:1. During 2003 Member States should carry out inspections and controls including, where indicated, taking samples and analysing such samples in laboratories, with the aim of:- monitoring that olive oils are clearly and correctly labelled according to Community rules,- assessing the safety of certain fishery products (bacteriological safety of cooked crustaceans and molluscan shellfish and level of histamine in fish species of families Scombridae, Clupeidae, Engraulidae and Coryphaenidae).2. Although sampling and/or inspection rates are not set in this recommendation, Member States should ensure that they are sufficient to provide an overview of the subject under consideration in each Member State.3. Member States should provide information as requested following the format of the record sheets provided in the Annex to this recommendation to help enhance the comparability of results. This information should be sent to the Commission by 1 May 2004 accompanied by an explanatory report.4. Foodstuffs submitted for analysis under this programme should be submitted to laboratories complying with the provisions of Article 3 of Directive 93/99/EEC. However, if such laboratories do not exist in Member States for certain analysis included in this recommendation, Member States may also nominate other laboratories providing the capacity to carry out these analyses.5. Labelling of oils from olives5.1. Scope of the programmeIn 2001 a contamination problem of polycyclic aromatic hydrocarbons (PAHs e.g. benzo(a)pyrene) was identified in the low grade oil known as olive-residue oil or pomace oil. In their investigations, the Member States identified a labelling problem for different grades of oils from olives, with confusion between olive-residue oil, olive oil and virgin olive oils. This created difficulties in managing the contamination problem. Incorrect or misleading product labels were found regarding the grade(s) of oil in the products as sold. Moreover, the possible illegal mixing of low grade oils in higher grade products was identified. Not only does this mislead consumers, but is poses a risk to public health where low grade contaminated oil might be present.The aim of this element of the programme is to verify that oil products from olives are correctly labelled, to ensure that unlawful mixing using lower grade possibly contaminated oils is not practised and which might otherwise pose a health risk to consumers. This will assist in the management of risks from possible contaminated oils as well as helping to avoid misleading the consumer.5.2. Sampling and method of analysisThe competent authorities of the Member States should carry out controls, including, where possible, documentary checks, at production level before placing on the market, at retail level to cover products for direct sale to consumers and also at appropriate points such as wholesale level to cover products destined for catering use. The purpose of the controls is to verify that labelling of oils from olives is accurate with respect to the grade(s) of oil contained in the product, with reference to Directive 2000/13/EC of the European Parliament and of the Council of 20 March 2000 on the approximation of the laws of the Member States relating to the labelling, presentation and advertising of foodstuffs(3), Council Regulation No 136/66/EEC of 22 September 1966 on the establishment of a common organisation of the market in oils and fats(4) and Commission Regulation (EC) No 1019/2002 of 13 June 2002 on marketing standards for olive oil(5).Samples of products should be taken and analysed to determine the oil components with reference to Commission Regulations (EEC) No 2568/91(6) and (EC) No 796/2002(7).The overall level of sampling is left to the judgement of the competent authorities of Member States.The results of the controls should be recorded on the record sheet model provided in Annex I to this recommendation.6. Safety of fishery products: bacteriological safety of cooked crustaceans and molluscan shellfish6.1. Scope of the programmeThe microbiological quality of cooked crustaceans and molluscan shellfish is often critical. These products are typically able to support the growth of a wide variety of micro-organisms. In addition certain specific features in their production, such as cooking on board in fishing vessels, chilling with seawater, intensive handling and long transports, make them susceptible for undesirable microbiological contamination and growth.Commission Decision 93/51/EEC(8) lays down some microbiological criteria for these products. These criteria include end product criteria for Staphylococcus aureus and Salmonella as well as process criteria for Escherichia coli, thermotolerant coliforms and mesophilic aerobic bacteria. Recently special attention has been paid for human health risk linked to the presence of pathogenic Vibrio parahaemolyticus in this type of product. However, there is currently not enough scientific information to set a criterion into Community legislation for this pathogen/commodity combination.The aim of this element of the programme is to investigate the microbiological safety of cooked crustaceans and shellfish in order to promote a high level of consumer protection and to collect information on the prevalence of pathogenic and indicator microorganisms in these products.6.2. Sampling and method of analysisThe investigations should concern cooked crustaceans and molluscan shellfish before placing on the market, at production level, and which are already on the market. The competent authorities of the Member States should take representative samples of these products, both at the production level and the retail level, with a view of testing for the presence of Salmonella and enumeration of Staphylococcus aureus, Escherichia coli and total Vibrio parahaemolyticus count. The samples, of one hundred grams minimum each, should be handled hygienically, placed in refrigerated containers and sent immediately to the laboratory for analysis.The overall level of sampling is left to the judgement of the competent authorities of Member States.Laboratories are allowed to use a method of their choice provided that its level of performance matches the aim to be achieved. However, the most recent version of standard ISO 6579 is recommended for the detection of Salmonella, the most recent version of standard EN/ISO 6888-1,2 is recommended for Staphylococcus aureus, the most recent version of standard ISO 16649-1,2,3 for Escherichia coli and the most recent version of standard ISO 8914 with MPN technique(9) is recommended for Vibrio parahaemolyticus. Additional equivalent methods recognised by competent authorities may also be used.The results of these controls should be recorded on the record sheet model provided in the Annex II to this recommendation.7. Safety of fishery products: levels of histamine in certain fish species7.1. Scope of the programmeThe ingestion of fishery products containing high levels of histamine can cause consumer illness. Histamine and other amines are formed by the growth of certain bacteria as a result of time/temperature abuse and of unhygienic practices during harvesting, storage, processing and distribution of fishery products. Fish of the families Scombridae, Clupeidae, Engraulidae, Coryphaenidae, which include the tunas, sardines, mackerel, abalone, etc., are the most implicated in this food poisoning because of their high content of the aminoacid histidine which is considered the precursor of the histamine. Council Directive 91/493/EEC of 22 July 1991 laying down the health conditions for the production and the placing on the market of fishery products(10) establishes safety requirements as concern the limits admitted of histamine, sampling and methods of analysis.The aim of this element of the programme is to verify that fishery products placed on the market do not exceed the limits of histamine established in the Community law in order to ensure a high level of consumer protection.7.2. Sampling and method of analysisMember States should carry out controls at the level of auction and wholesale markets, establishments of production and at retail level, in order to verify that fishery products do not exceed the level of histamine as detailed below. The verifications should concern fish of families Scombridae, Clupeidae, Engraulidae, Coryphaenidae either fresh or frozen, prepared, processed or preserved.According to Directive 91/493/EEC, nine samples must be taken from each batch. These must fulfil the following requirements:- the mean value must not exceed 100 ppm,- two samples may have a value of more than 100 ppm but less than 200 ppm,- no sample may have a value exceeding 200 ppm.However, products which have undergone enzyme ripening treatment in brine may have higher histamine levels but not more than twice the above values.Examination should be carried out in accordance with reliable scientifically recognised methods, such as high-performance liquid chromatography (HPLC).The overall level of sampling is left to the judgement of the competent authorities of Member States.The results of the following controls should be recorded on the record sheet model provided in the Annex III to this recommendation.Done at Brussels, 10 January 2003.For the CommissionDavid ByrneMember of the Commission(1) OJ L 186, 30.6.1989, p. 23.(2) OJ L 290, 24.11.1993, p. 14.(3) OJ L 109, 6.5.2000, p. 29.(4) OJ 172, 30.9.1966, p. 3025/66.(5) OJ L 155, 14.6.2002, p. 27.(6) OJ L 248, 5.9.1991, p. 1.(7) OJ L 128, 15.5.2002, p. 8.(8) OJ L 13, 21.1.1993, p. 11.(9) Use a 3 x 3 MPN technique with Alkaline Salt Peptone Water (ASPW) as the enrichment medium as follows. Prepare an initial 10- 1 suspension of the food, and two decimal dilutions of this (giving 10- 2 and 10- 3 suspensions), using ASPW as diluent. For each dilution, add 1 ml to each of three tubes containing 9 ml of single-strength ASPW. Incubation, subculture and identification procedures should be undertaken as in ISO 8914. Any tube yielding confirmed V. parahaemolyticus is considered positive. MPN tables can be found in Annex B to ISO 4831. Multiplication of the MPN index by 10 will yield the V. parahaemolyticus count per gram.(10) OJ L 268, 24.9.1991, p. 15.ANNEX I>PIC FILE= "L_2003007EN.007902.TIF">ANNEX II>PIC FILE= "L_2003007EN.008002.TIF">ANNEX III>PIC FILE= "L_2003007EN.008102.TIF">


title: COUNCIL RECOMMENDATION of 20 March 1989 concerning the discharge to be given to the Commission in respect of the implementation of the operations of the European Development Fund (1975) (Fourth EDF) for the financial year 1987 #

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31989H0211

COUNCIL RECOMMENDATION of 20 March 1989 concerning the discharge to be given to the Commission in respect of the implementation of the operations of the European Development Fund (1975) (Fourth EDF) for the financial year 1987  -

Official Journal L 080 , 23/03/1989 P. 0080 - 0080

*****COUNCIL  RECOMMENDATION  of 20 March 1989  concerning the discharge to be given to the Commission in respect of the implementation of the operations of the European Development Fund (1975) (Fourth EDF) for the financial year 1987  (89/211/EEC)  THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Article 206b thereof,  Having regard to the ACP-EEC Convention of Lomé, signed on 28 February 1975,  Having regard to Council Decision 76/568/EEC of 29 Juni 1976 on the association of the overseas countries and territories with the European Economic Community (1),  Having regard to the Internal Agreement on the financing and administration of Community aid (1), signed on 11 July 1975, and in particular Article 31 (3) thereof,  Having regard to the Financial Regulation of 27 July 1976 applicable to the Fourth European Development Fund (2), and in particular Articles 64 to 67 thereof,  Having examined the revenue and expenditure account and the balance sheet relating to the operations of the European Development Fund (1975) (Fourth EDF) as at 31 December 1987 and the Court of Auditors' report relating to the financial year 1987 together with the Commission's replies (3),  Whereas, pursuant to Article 31 (3) of the Internal Agreement, the discharge for the management of the European Development Fund (1975) (Fourth EDF) must be given to the Commission according to the procedure provided for in Article 206 of the Treaty;  Whereas the overall implementation by the Commission of the operations of the European Development Fund (1975) (Fourth EDF) during the financial year 1987 has been satisfactory.  HEREBY RECOMMENDS  that the European Parliament give the Commission a discharge in respect of the implementation of the operations of the European Development Fund (1975) (Fourth EDF) for the financial year 1987.  Done at Brussels, 20 March 1989.  For the Council  The President  F. FERNANDEZ ORDOÑEZ  (1) OJ No L 176, 1. 7. 1976, p. 8.  (2) OJ No L 25, 30. 1. 1976, p. 168.  (3) OJ No L 229, 20. 8. 1976, p. 9.  (4) OJ No C 316, 12. 12. 1988, pp. 173 and 303.