               EUROPEAN COMMISSION
            Brussels, 9.11.2015
            COM(2015) 556 final
            Recommendation for a
            COUNCIL DECISION
            concerning the accession of the Republic of Croatia to the Convention of 18 December 1997, drawn up on the basis of Article K.3 of the Treaty of the European Union, on mutual assistance and cooperation between customs administrations

               EXPLANATORY MEMORANDUM

               1.CONTEXT OF THE PROPOSAL

               •Reasons for and objectives of the proposal

               The Act of Accession of the Republic of Croatia
                  1
                contains a simplified system for accession of Croatia to the conventions and protocols concluded by the Member States on the basis of Article 34 TEU (previously Article K.3 TEU) or Article 293 EC. In fact, Article 3(4) of the Act of Accession simply provides that Croatia accedes to the conventions and protocols by virtue of the Act.

               2.LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY

               •Legal basis

               Articles 3(4) and (5) of the Act of Accession provide that the Council shall adopt a decision in order to determine the date on which these conventions and protocols shall enter into force for Croatia and to make all the necessary adjustments to these conventions and protocols required by reason of the accession of Croatia. The Council shall act on a recommendation of the Commission, after consulting the European Parliament.

               Annex I to the Act of Accession gives the list of conventions and protocols concerned in the Justice and Home Affairs area.

               This list includes the Convention of 18 December 1997, drawn up on the basis of Article K.3 of the Treaty on European Union, on mutual assistance and cooperation between customs administrations
                  2
               .

               The accession of Croatia to the aforementioned Convention does not require adjustments thereto.

               Hence this Commission Recommendation for a Council Decision is intended to only determine the date on which the Convention of 18 December 1997 shall enter into force for Croatia.

               3.RESULTS OF EX-POST EVALUATIONS, STAKEHOLDER CONSULTATIONS AND IMPACT ASSESSMENTS

               •Impact assessment

               Because the Act of Accession already foresees the accession of Croatia to the conventions and protocols listed in Annex I to the Act, it is not necessary to proceed with a consultation of interested parties and an impact assessment of such an accession.

               4.BUDGETARY IMPLICATIONS

                  None

               5.OTHER ELEMENTS

               •Detailed explanation of the specific provisions of the proposal

               The Commission is invited to adopt the Recommendation for a Council Decision and to transmit it to the Council and the European Parliament.

               Recommendation for a

               COUNCIL DECISION

               concerning the accession of the Republic of Croatia to the Convention of 18 December 1997, drawn up on the basis of Article K.3 of the Treaty of the European Union, on mutual assistance and cooperation between customs administrations

               THE COUNCIL OF THE EUROPEAN UNION,

               Having regard to the Treaty on European Union,

               Having regard to the Treaty of Accession of the Republic of Croatia,

               Having regard to the Act of Accession of the Republic of Croatia, and in particular Articles 3(4) and (5) thereof,

               Having regard to the proposal from the Commission
                  3
               ,

               Having regard to the opinion of the European Parliament
                  4
               ,

               Whereas:

               (1)The Convention drawn up on the basis of Article K.3 of the Treaty on European Union on mutual assistance and cooperation between customs administrations ("the Convention") was signed at Brussels on 18 December 1997. It will enter into force 90 days after the notification of the completion of the constitutional procedures for the adoption of the Convention by the State, Member of the European Union at the time of adoption by the Council of the Act drawing up the Convention, which is last to complete that formality.

               (2)In accordance with Article 32(4) of the Convention, until the Convention enters into force, any Member State may, when giving the notification referred to in Article 32(2) of the Convention, or at any other later time, declare that as far as it is concerned the Convention shall apply to its relations with Member States that have made the same declaration.

               (3)Article 3(4) of the Act of Accession provides that Croatia is to accede to the conventions and protocols concluded between the Member States and listed in Annex 1 to the Act of Accession, which includes, inter alia, the Convention of 18 December 1997 on mutual assistance and cooperation between customs administrations. Those conventions and protocols are to enter into force in relation to Croatia on the date determined by the Council.

               (4)In accordance with Article 3(5) of the Act of Accession, the Council shall decide to make all adjustments required by reason of the accession to the Republic of Croatia to the conventions and protocols referred to in Article 3(4) of the Act of Accession. The Act of Accession does not require an adjustment of the Convention of 18 December 1997 on mutual assistance and cooperation between customs administrations,

               HAS ADOPTED THIS DECISION:

               Article 1

               The Convention of 18 December 1997, drawn up on the basis of Article K.3 of the Treaty of the European Union, on mutual assistance and cooperation between customs administrations, shall enter into force in relation to Croatia on the date on which this Decision shall take effect.

               Article 2

               The Convention drawn up in the Croatian language
                  5
                shall be authentic under the same conditions as the other texts of the Convention.

               Article 3

               This Decision shall take effect on the day following that of  its publication in the Official Journal of the European Union.

               Done at Brussels,

                     For the Council

                     The President

                     (1)
                  OJ L112, 24.4.2012, p. 21.

                     (2)
                  OJ C 24, 23.1.1998, p.2. Last amended by Council Decision of 6 December 2007 concerning the accession of Bulgaria and Romania to the convention, OJ L 9, 12.1.2008, p.21.

                     (3)
                  OJ C […], […], p. […].

                     (4)
                  Opinion of XX.XX.XXXX

                     (5)
                  The Croatian version of the Convention shall be published in the special edition of the OJ at a later date.


RECOMMENDATION FOR A COUNCIL DECISION AUTHORIZING THE COMMISSION TO OPEN NEGOTIATIONS WITH A VIEW TO THE CONCLUSION OF AN AGREEMENT, BETWEEN THE EUROPEAN ECONOMIC COMMUNITY AND THE SWISS CONFEDERATION, ON THE TRADE ARRANGEMENTS FOR SOUPS, SAUCES AND CONDIMENTS


title: Recommendation for a COUNCIL DECISION authorizing the Commission to open negotiations for the conclusion of agreements extending the period of application of the Interim Agreements between the European Economic Community and the Maghreb countries (submitted to the Council by the Commission)

text:
ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (77) 592
Vol. 1977/0195
 ---pagebreak--- Disclaimer
Conformément au règlement (CEE, Euratom) n° 354/83 du Conseil du 1er février 1983
concernant l'ouverture au public des archives historiques de la Communauté économique
européenne et de la Communauté européenne de l'énergie atomique (JO L 43 du 15.2.1983,
p. 1), tel que modifié par le règlement (CE, Euratom) n° 1700/2003 du 22 septembre 2003
(JO L 243 du 27.9.2003, p. 1), ce dossier est ouvert au public. Le cas échéant, les documents
classifiés présents dans ce dossier ont été déclassifiés conformément à l'article 5 dudit
règlement.
In accordance with Council Regulation (EEC, Euratom) No 354/83 of 1 February 1983
concerning the opening to the public of the historical archives of the European Economic
Community and the European Atomic Energy Community (OJ L 43, 15.2.1983, p. 1), as
amended by Regulation (EC, Euratom) No 1700/2003 of 22 September 2003 (OJ L 243,
27.9.2003, p. 1), this file is open to the public. Where necessary, classified documents in this
file have been declassified in conformity with Article 5 of the aforementioned regulation.
In Übereinstimmung mit der Verordnung (EWG, Euratom) Nr. 354/83 des Rates vom 1.
Februar 1983 über die Freigabe der historischen Archive der Europäischen
Wirtschaftsgemeinschaft und der Europäischen Atomgemeinschaft (ABI. L 43 vom 15.2.1983,
S. 1), geändert durch die Verordnung (EG, Euratom) Nr. 1700/2003 vom 22. September 2003
(ABI. L 243 vom 27.9.2003, S. 1), ist diese Datei der Öffentlichkeit zugänglich. Soweit
erforderlich, wurden die Verschlusssachen in dieser Datei in Übereinstimmung mit Artikel 5
der genannten Verordnung freigegeben.
 ---pagebreak---    COMMISSION OF THE EUROPEAN COMMUNITIES
                                                COM(77)592 final
                                                Brussels , 16 November 1977
                               Recommendation for a
                                COUNCIL DECISION
            authorizing the Commission to open negotiations for the
            conclusion of agreements extending the period of application
            of the Interim Agreements "between the European Economic
                       Community and the Maghreb countries
            ( submitted to the Council by the Commission)
COM(77) 592 final
 ---pagebreak--- The period of application of the Interim Agreements concluded with
Algeria , Morocco and Tunisia pendi ..^ the entry into force of the
Cooperation Agreements , having bee -, extended once , expires on 31 Decem
ber 1977 - Since the stage reached in the Member States' ratification
procedures is such that the Cooperation Agreements are unlikely to enter
into force on that date , provision should be made for further extension
of the period of application of the Interim Agreements .
Accordingly the Commission is submitting herewith a recommendation for
a Council decision authorizing the Commission to open negotiations with
the countries in question for the conclusion of agreements extending the
period of application until 30 June 1978 .
 ---pagebreak--- authorizing tiia Commission "to open negotiations for tho conclusion o i
agreements extending the period of application of "the Interiia Agreements
between the European Economic Community and the tfaghrec coontrics . .
THE COUNCIL OP THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
and in particular Article 113 thereof.
Having regard to the recommendation from the Commission,
Whereas , pending the entry into force of the Cooperation Agreements between
the European Economic Community and the Maghrsb countries , it is necessary
to extend beyond     December 1977^® period of application of the Interim
Agreements concluded with those countries ,
HAS DECIDED AS FOLLOWS :
                             • Sole Article
      The Commission is hereby authorized to open negotiations , on the basis
of the directives annexed hereto, for the conclusion of agreements extending
the period of application of the interim Agreements concluded between the
European Economic Community and the Maghreb countries .
    ' The Commission shall conduct the negotiations in consultation with
 the Article 113 Committee .
 ---pagebreak---                  ~ • .. JJ, - AJZ-J». «rf*»-*.' - - .»».. *"*■> m>*V* j i.i t
                                                                              ANNEX
1 . The period of application of the Interim Agreements - shall be extended
    until 30 June 1973 .
2 . Article 5 ( 1 ) of 'the Interim Agreements shall be adapted to take
    account of the increased ceilings of refined oil products and manufac
    tured cork products , specified in article 12 ( 2 ) of the cooperation
    agreements .
3 . The declaration of the European Economic Community relating to the
    provisions of article 1 ^ ( 2 ) of the Interim Agreement with Morocco
    shall be changed to take account of the measures concerning the
    second year 's utilisation of the quota provided for in the declara
    tion relating to . the provisions of article 21 ( 2 ) of the cooperation
    agreement .
 ---pagebreak---                                      e?e w^ FINÂaiCIÊSS
                   ét a bl ie pour le 'c t'dq et d e l ' exerci co  1?7o
A.  PREMIEPE PARTI ?       :  CREDITS D INTERVENTI ON
    ( oour actions anciennes et nouvelles )
                                                             ι
    1.   LIGNES BUDGETAIRES CONCERNEES
         Recettes    :    Titre « I.
    2.   INTITULE DE LA LIGNE BUDGETAIRE
         Ressources propres .
    3.   BASE JURIDIQUE
         Article 113 du Traité CEE . .
                                                                         »
    A.   DESCRIPTION, OBJECTIFCS ) ET JUSTIFICATION DE L' ACTION
         Prorogation des accords intérimaires conclus avec les pays du Maghreb .
    5.   CREDITS ( en u.c .)                       '
         La prorogation des accords intérimaires avec les pays du Maghreb
         n' implique aucune diminution nouvelle des recettes puisqu' elle aura
         seulement -pour objet de proroger , pour la période du 31 décembre 1977 au
        30 juin 1978 ,          le régime des échanges appliqué          actuellement entre
         la Communauté et ces pays .
B.  DEUX I EME PARTIE    :   INFORMATIONS SUPPLEMENTAIRES POUR UNE ACTION NO UVELLE
   6.   COUT TOTAL DE L' ACTION PENDANT TOUTE LA DUREE ENVISAGEE
        Aucune incidence financière nouvelle sur le budget communautaire .
   7.' INFORMATION SUR LE PERSONNEL ET SUR LES CREDITS DE FONCTIONNEMENT
        NECESSAIRES POUR LA REALISATION DE L' ACTION               ' ■  /
        L' action sera réalisée dans le cadre du tableau des effectifs de la .
        Commission .
   3.   FINANCEMENT DE L' ACTION
        sans obiet .


title: RECOMENDATION FOR A COUNCIL DECISION on the conclusion of an agreement between the European Economic Community and the Democratic Republic of the Sudan for the supply of common wheat as foci aid (submitted to the Conseil by the Commission)

text:
ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (73) 269
Vol. 1973/0041
 ---pagebreak--- Disclaimer
Conformément au règlement (CEE, Euratom) n° 354/83 du Conseil du 1er février 1983
concernant l'ouverture au public des archives historiques de la Communauté économique
européenne et de la Communauté européenne de l'énergie atomique (JO L 43 du 15.2.1983,
p. 1), tel que modifié par le règlement (CE, Euratom) n° 1700/2003 du 22 septembre 2003
(JO L 243 du 27.9.2003, p. 1), ce dossier est ouvert au public. Le cas échéant, les documents
classifiés présents dans ce dossier ont été déclassifiés conformément à l'article 5 dudit
règlement.
In accordance with Council Regulation (EEC, Euratom) No 354/83 of 1 February 1983
concerning the opening to the public of the historical archives of the European Economic
Community and the European Atomic Energy Community (OJ L 43, 15.2.1983, p. 1), as
amended by Regulation (EC, Euratom) No 1700/2003 of 22 September 2003 (OJ L 243,
27.9.2003, p. 1), this file is open to the public. Where necessary, classified documents in this
file have been declassified in conformity with Article 5 of the aforementioned regulation.
In Übereinstimmung mit der Verordnung (EWG, Euratom) Nr. 354/83 des Rates vom 1.
Februar 1983 über die Freigabe der historischen Archive der Europäischen
Wirtschaftsgemeinschaft und der Europäischen Atomgemeinschaft (ABI. L 43 vom 15.2.1983,
S. 1), geändert durch die Verordnung (EG, Euratom) Nr. 1700/2003 vom 22. September 2003
(ABI. L 243 vom 27.9.2003, S. 1), ist diese Datei der Öffentlichkeit zugänglich. Soweit
erforderlich, wurden die Verschlusssachen in dieser Datei in Übereinstimmung mit Artikel 5
der genannten Verordnung freigegeben.
 ---pagebreak--- ρΓτ \ Ο /Γ "
ΟΝΙΤΊΙΤΛ^Χ^Ι^                 0>Τ}
                              Ν>_Γ ΤΤΤϋ
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                                                                     » ^ ^ ΟΊ*-/τ ΉΊΤ !» '*'
                                                                              7ΧΐΝΐΥΓ^Ί   * *? Γϋ'
                                                        C^VT3 ) 263 firal
                                   RECOMENDATION FOR A COUNCIL DECISION
                  on "trie conclusion. of an. agreement between tie European
                       "the Sudan for the supply of earner* wheat as
                                                 foci aid
                         ( submitted "to the Conseil "by the Commission)
     COM(73)269 final
 ---pagebreak--- THE CCXTSCIL CP THE EOROFEAN CCKEUNTTIES,
Having regard to the Treaty establishing the European Economic Community,
and in particular Articles 113 » 114 and 228 thereof j
Having regard to the Eeconmandation from the Commission j
Whereas the European Economic Community has concluded the Pood Aid Convention(l )
Whereas the Democratic Republic of Sudan , by its letter of 4 June 1970, has
requested food aid}
Whereas in view of the cereal supply situation in the Republic of the Sudan
that country should be accorded, by way of gift , 9»000 metric tons of common
wheat under the Community Food Aid Programme for 1970/71 5
                                  Article   1
On behalf of the European Economic Community an agreement , the text whereof
is annexed heretorn shall be concluded between the European Economic Community
and the Republic of the Sudan for the supply of common wheat as food aid.
                                  Article   2
The President of the Council is hereby authorised to designate those who are
to sign the agreement and to confer on them the requisite powers to bind the
Community.
Done at Brussels ,                   19   ■             For the Council
                                                         The President
(1) O.J. L 66 from 23.3.1970, p. 1
 ---pagebreak---                AGKEEMENT
BETWEEN TEE EUROPEAN ECONOMIC CC&MUNITY
AI® THE DEMOCRAT IC REPUBLIC OP THE SUDAN
ON THE SUPPLY OF CGMMON WHEAT AS FOOD AID .
 ---pagebreak---                                         2 -
TEE COUNCIL OP THE EUROPEAN COMMUNITIES ,
                                   on the one hand , and
TEE GOTERlfflsENT OP THE DEMOCRATIC REPUBLIC OP THE SUDAN ,
                                   on the other hand ,
HAVE DECIDED to conclude the present Agreement and have , for this purpose ,
appointed as their plenipotentiaries i
TEE COUNCIL OP THE EUROPEAN COMMUNITIES :
THE GOVEROIEKT OP THE DEMOCRATIC REPUBLIC OP THE SUDAN :
WHO HAVE AGREED as follows r
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                                                                                TÎ "               •
 ---pagebreak---                                       ARTICO III
The Democratic Republic of the Sudan undertakes to use for consumption
purposes the wheat that is supplied as aid and to apply to sales of this
wheat on its market the prices normally ruling on this market for products
of comparable quality.                                                         .
The proceeds of these sales , less sea freight charges and normal marketing
 costs on the Sudan market , shall be paid into, a special account intended
to cover expenditure incurred by the Democratic Republic of the Sudan in
 connection with the financing of development projects .               *
                                      ARTICLE IV                                    '   !
The Contracting Parties undertake to implement the present Agreement in suoh            ;
a way as to avoid prejudicing the normal structure of national production and            I
international trade .       To this end , they shall take the necessary steps to ensure
                                                                                i
that ^ supplies made available as aid shall be additional to , and not in lieu of th
ccoaerci'al operation which cculd reasonably have; beon expected in the . absence of i
aipjiies. Hn particular t'he Democratic Republic of Sudan undertakes to import commer
 cially from all origins during the period between the 1st of July 1972 and the j
30th of June 1973 a minimum quantity of • 140. OOOtons of wheat or its equivalent j
in wheat flour .                                                            .    .    .   !
                                      ARTICLE V                   :       "' ;
The Democratic Republic of the Sudan shall take all necessary steps to prey^t
the re-exportation both of the wheat received as aid , and of products of the
first processing stage and by-products obtained from wheat , as well as the •
exportation , cotaaercial or otherwise , within a period of six Eonths fron the
date of the last delivery , of locally grewn wheat of the se^e type as that
received as aid , of products of the first processing stage and of by-products
obtained from this wheat .
 ---pagebreak---                                    ARTICL2 VI
The Democratic Republic of the Sudan undertakes to keep the European Economic
Community informed on the conditions of implementation of the present
Agreement . To this end , it shall communicate the following information to
the Commission of the European Communities :
1 . Transport : ports and dates of arrival of vessels ; nature quantity and
    quality of the product unleased , the date on which unleading is completed;
2 . Marketing : quantities sold; method of marketing ; selling prices ;
3 . Commercial imports : quantities of wheat other than durum and of wheat
    flour commercially imported froriTalT origins between 31 July 1972 and
     30 June 1973 ;
4. Situation with regard to the special account set up with the proceeds
    of the sale , in local currency of the wheat supplied as aid;
5 - Projects financed from the special account ; relative importance of these
    funds in the overall financing of projects .
                                   ARTICLE VII
The information referred totxn article VI shall be communicated within the
following time-limits i
- With regard to itoia 1      • not more than 30 days after the unleading of
   each cargo ;
- With regard to iten 3     :            before 31 July 1973 ?
- With regard to itens 2 , 4 and- 5 • a report on the situation at 31 December
   each year shall be communicated before 15 January of the following year ,
   until such time as the special account has been completely liquidated.
 ---pagebreak---                                  - 6 -
                                ARTICLE VIII
At the request of any one amongst them , the Contracting Parties shall
consult on all matters concerning the application of the present Agreement .
                              - ARTICL3  IX
The present Agreement is drawn up in duplicate m the German , French , Italian ,
Dutch and English languages , each of these texts being equally authentic .
 ---pagebreak---                                                                       AïmEXE
                     .. COND ITI0K3 APPLICABLE TO THE HANDING? OVER
                   ,, ,   OF . TIE WHEAT AT THE PORTS OP SHIPMENT . ,
To ensure the smooth operation of the Agreement and in particular of
Article I thereof , the Contracting Parties have agreed as follows :
                                     , article   1
Except as otherwise provided in Article 3 , sixth paragraph , delivery will
be deemed to be effected at the momont at which the goods have effectively-
passed the ship 's rail at the port of shipinentj all costs of stowage and
securing shall be borne by the Democratic Republic of the Sudan .
                                      - ARTICIE  2    v-   ....
Except as otherwise provided in Article 3 , sixth paragraph , risks shall
pass from the European Economic Community to the Democratic Republic of
the Sudan at the moment at which the goods have effectively passed the
shipis rail at the port of shipment .
      i ..      •                   . . ARTICLE, 3 ;           - -
The Democratic Republic of the Sudan shall procure and notify to the
European Economic "Community, in good time , the vessels which are to ship
the goods , so that the loading dates indicated in accordance with Article I
of the Agreement may be respected.
 ---pagebreak---                                      - 2 -
The vessel is to be named by the Democratic Republic of Sudan at least
7 clear days prior to the estimated date of. arrival in port . The Democra
tic Republic of the Sudan shall be responsible for any consequences arising
either from failure to name the vessel or from delay in doing so .
The Democratic Republic of the Sudan shall insert in the charter–party a
clause requiring the captain to inform the Europeari Economic Community at
least 72 hours in advance of the vessel 's estimated date of arrival in port .
The goods shall be held at the disposal of the Democratic Republic of the
Sudan in ±he port indicated from the date on which the ship is declared
ready for loading. In the event of the European Economic Community not
placing the goods at the disposal of the vessel in good time , any conse
quences resulting from this , in- particular demurrage and/or 1 dead freight ,
shall be a charge on the European Economic Community .             . ;
Should there be a delay in the arrival of the vessel named by the Democratic
Republic of the Sudan at the port of shipment , or should it prove impossible
for it to load , and should this delay prevent loading within the time-limits
indicated in accordance with Article I of the Agreement , the goods shall be
held at the expense , risk and peril of the Democratic Republic of the Sudan .
Should the Democratic Republic of the Sudan fail to provide a vessel of
suitable tonnage within the time-limit indicated in accordance with Article I
of the Agreement , it shall be regarded as being in default unless it notifies
the European Economic Community by telegram , not later than the last day . of
the period fixed for delivery , ' that it is seeking an extension of this period .
Where such an extension is sought , the European Economic Community shall hold
the goods on behalf of the Democratic Republic of the Sudan, expenses resultr
ing from this being borne by the latter .
The Democratic Republic of the Sudan shall be responsible for any consequent
ces resulting from the fact that the dimensions of a vessel supplied by it
do not correspond to the loading possibilities of the port of shipment .
 ---pagebreak---                                    - 3 -
                                  ARTICLE  4
The tolerance on shipment of the quantities notified in accordance with
Article X of the Agreement shall he 5 % although the total quantity of
9,000 tons shall in no case be exceeded .
If , however , the quantity made available for loading on a given vessel can
not be put on board in its entirety because of circumstances beyond the
control of the European Economic Community , the balance which could not be
put on board within the specified time-limits shall be stored at the expense
of the Democratic Republic of the Sudan and shipped on the next vessel .
If the Democratic Republic of the Sudan informs the European Economic
Community within a period of 15 clear days that it will not take delivery
of this balance , the handling and storing expenses incurred shall be borne
by the Democratic Republic of the Sudan until such time as it gives notice
that it gives up this balance .
In this event , the European Economic Community may consider that it has
discharged its commitments to the Democratic Republic of the Sudan .
                                  ARTICLE  5
Once the goods are on board the vessel , the European Economic Community •
shall notify the Democratic Republic of the Sudan without delay of the date
of loading, the quantity and quality loaded, noted on loading and mentioned'
in the vessel 's bill of lading.
                                  ARTICLE  7
The Contracting Parties reserve the right to nominate one or more agents
to execute the Agreement .
To deal with any eventualities , the Democratic Republic of the Sudan shall
nominate a representative in each port of shipment .


Avis juridique important

|

52004SC0819

Recommendation for a Council Decision on the existence of an excessive deficit in Hungary  /* SEC/2004/0819 final */

Recommendation for a COUNCIL DECISION on the existence of an excessive deficit in Hungary(presented by the Commission)EXPLANATORY MEMORANDUMOn 7 April 2004, the Commission published its Spring 2004 forecasts [1]. According to these forecasts, which took into consideration data reported by Hungary in March 2004, the general government deficit in Hungary decreased from 9.3% of GDP in 2002 to 5.9% of GDP in 2003 (largely due to the disappearing of the one-off effects which contributed to the increase in the 2002 deficit by about 3% of GDP), thus exceeding the 3% of GDP Treaty reference value.[1]  The Commission Spring 2004 forecast is available at the following website: http://europa.eu.int/comm/economy_finance/publications/european_economy/2004/ee204en.pdf.Based on this prima facie evidence, the Commission initiated the excessive deficit procedure for Hungary on 12 May 2004, with the adoption of the report foreseen in Article 104(3) of the Treaty [2]. On 14 May 2004, the Commission received the convergence programme of Hungary, which confirmed a deficit figure of 5.9% of GDP for 2003.[2]  The full text of this report is available at the following website: http://europa.eu.int/comm/economy_finance/about/activities/sgp/procedures_en.htm.The application of the excessive deficit procedure (EDP) is governed by Article 104 of the Treaty and by Council Regulation (EC) No 1467/97 "on speeding up and clarifying the implementation of the excessive deficit procedure", which is part of the Stability and Growth Pact [3]. Countries that joined the EU on 1 May 2004 are Member States with a derogation and are to avoid excessive deficits, but sanctions according to Article 104 (9) and (11) cannot be imposed on them.[3]  OJ L 209, 2.8.1997.The Commission report according to Article 104(3) of the Treaty concluded that the excess of the Hungarian deficit in 2003 over the 3% of GDP Treaty reference value did not result from an unusual event outside the control of the Hungarian authorities, nor was it the result of a severe economic downturn in the sense of the Stability and Growth Pact, as real GDP growth reached 2.9% in 2003. Concerning developments in 2004, the report concluded that the general government deficit is likely to decrease but remain above 3% of GDP. In particular, the Commission Spring 2004 forecast is for a general government deficit of 4.9% of GDP in 2004, which is above the 4.6% of GDP projected by the Hungarian authorities in the convergence programme. Based on the Commission Spring 2004 forecasts, the Commission report also concluded that the debt-to-GDP ratio, which had reached 59% of GDP in 2003, would remain slightly below the 60% reference value of the Treaty in 2004 at roughly 59%, as also projected by the Hungarian authorities in the convergence programme.Article 104(4) of the Treaty states that "the Committee provided for in Article 114 (i.e. the Economic and Financial Committee) has to formulate an opinion on the report of the Commission". The Committee issued its opinion on 24 May 2004, subscribing to the assessment made by the Commission in its report. In particular, the Committee concluded that the budgetary situation in Hungary indicated the existence of an excessive deficit under the first of the two criteria foreseen by Article 104(2) for the identification of such deficits. Consideration of other relevant factors, in particular the medium-term budgetary position and the public investment ratio, did not change the assessment based on the criteria themselves. The Committee also considered as likely that the general government deficit would continue to exceed the Treaty reference value in 2004, and that general government gross debt would remain below the Treaty reference value of 60% of GDP in 2004.The Commission, having examined the relevant factors taken into account in its report and having regard to the opinion of the Committee, is of the opinion that an excessive deficit exists in Hungary. This opinion, adopted by the Commission on 12 May 2004, has been addressed to the Council, according to Article 104(5) of the Treaty. The Commission recommends that the Council shall decide accordingly, in conformity with Article 104(6) and herewith addresses a recommendation for a decision to that effect. In addition, the Commission is submitting to the Council a recommendation for a Council recommendation to be addressed to Hungary with a view to bringing the situation of an excessive deficit to an end, according to Article 104(7) of the Treaty.Recommendation for a COUNCIL DECISION on the existence of an excessive deficit in HungaryTHE COUNCIL OF THE EUROPEAN UNIONHaving regard to the Treaty establishing the European Community, and in particular Article 104(6) thereof,Having regard to the recommendation from the Commission,Having regard to the observations made by Hungary,Whereas:(1) According to Article 104 of the Treaty Member States are to avoid excessive government deficits; this applies also to Member States with a derogation, the case of all countries that joined the EU on 1 May 2004;(2) The Stability and Growth Pact is based on the objective of sound government finances as a means of strengthening the conditions for price stability and for strong sustainable growth conducive to employment creation;(3) The excessive deficit procedure under Article 104 provides for a decision on the existence of an excessive deficit and the Protocol on the excessive deficit procedure annexed to the Treaty sets out further provisions relating to the implementation of the excessive deficit procedure. Council Regulation (EC) No 3605/93 [4], amended by Council Regulation (EC) No 475/2000 [5] and by Commission Regulation (EC) No 351/2002 [6], lays down detailed rules and definitions for the application of the provision of the said Protocol;[4]  OJ L 332, 31.12.1993, p.7.[5]  OJ L 058, 3.03.2000, p. 1.[6]  OJ L 055, 26.02.2002 p. 23.(4) Article 104(5) of the Treaty requires the Commission to address an opinion to the Council if the Commission considers that an excessive deficit in a Member State exists or may occur. Having examined all relevant factors taken into account in its report in accordance with Article 104(3) and having regard to the opinion of the Economic and Financial Committee in accordance with Article 104(4), the Commission concluded in its opinion of 24 June 2004 that there exists an excessive deficit in Hungary;(5) Article 104(6) of the Treaty lays down that the Council should consider any observations which the Member State concerned may wish to make before deciding, after an overall assessment, whether an excessive deficit exists;(6) The overall assessment leads to the following conclusions. The general government deficit reached 5.9% of GDP in 2003 in Hungary, above the 3% of GDP Treaty reference value. The excess of the general government deficit over the reference value did not result from an unusual event outside the control of the Hungarian authorities, nor was it the result of a severe economic downturn, in the sense of the Stability and Growth Pact. The general government deficit is likely to remain above 3% of GDP in 2004. In particular, according to the Commission Spring 2004 forecast, the deficit is projected to reach 4.9% of GDP in 2004, while the convergence programme of Hungary expects a deficit of 4.6% of GDP. The debt ratio, which was 59% in 2003, is likely to remain just below the 60% of GDP Treaty reference value in 2004.HAS ADOPTED THIS DECISON:Article 1From an overall assessment it follows that an excessive deficit exists in Hungary.Article 2This decision is addressed to the Republic of Hungary.Done at Brussels,For the CouncilThe President


Important legal notice

|

52007SC1155

Recommendation for a Council Decision abrogating Decision 2006/125/EC on the existence of an excessive deficit in the United Kingdom  /* SEC/2007/1155 final */

	[pic] | COMMISSION OF THE EUROPEAN COMMUNITIES |Brussels, 12.9.2007SEC(2007) 1155Recommendation for aCOUNCIL DECISIONabrogating Decision 2006/125/EC on the existence of an excessive deficit in the United Kingdom(presented by the Commission)EXPLANATORY MEMORANDUM1. BACKGROUNDArticle 104 of the Treaty establishes that Member States should avoid excessive deficits and lays down a procedure for their identification and correction. Pursuant to point 5 of the Protocol on certain provisions relating to the United Kingdom of Great Britain and Northern Ireland (United Kingdom), the obligation to avoid excessive deficits does not apply to the United Kingdom unless it moves to the third stage of economic and monetary union. In the second stage, the United Kingdom is required to endeavour to avoid excessive deficits, pursuant to Article 116(4) of the Treaty. The excessive deficit procedure (EDP) is further specified in Council Regulation (EC) No 1467/97 on “speeding up and clarifying the implementation of the excessive deficit procedure”[1], which is part of the Stability and Growth Pact. According to Article 104(2) of the Treaty, the Commission has to monitor compliance with budgetary discipline on the basis of two criteria, namely: (a) whether the planned or actual government deficit exceeds the reference value of 3% of GDP (unless either the deficit ratio has declined substantially and continuously and reached a level that comes close to the reference value; or, alternatively, the excess over the reference value is only exceptional and temporary and the ratio remains close to the reference value); and (b) whether government debt exceeds the reference value of 60% of GDP (unless the debt ratio is sufficiently diminishing and approaching the reference value at a satisfactory pace).In accordance with the Protocol on the excessive deficit procedure annexed to the Treaty, the Commission provides the data for the implementation of the EDP. As part of the application of this Protocol, Member States have to notify data on government deficits and debt and other associated variables twice a year, namely before 1 April and before 1 October, in accordance with Article 4 of Council Regulation (EC) No 3605/93[2],[3]. According to Council Regulation 1467/97, the relevant budgetary data for the United Kingdom are established in budgetary year (i.e. financial year) terms (running from 1 April to 31 March) but the reporting dates are the same as for the other Member States. Moreover, according to Article 7 of Regulation (EC) No 3605/93, Member States are expected to notify to the Commission revisions to their previously reported data.On 21 September 2005, the Commission initiated the EDP for the United Kingdom with the adoption of a report under Article 104(3), based on a general government deficit of 3.2% of GDP in financial year 2004/2005[4],[5]. On 24 January 2006, the Council decided, on a recommendation from the Commission, that the United Kingdom was in excessive deficit according to Article 104(6)[6]. At the same time, and also based on a Commission recommendation, the Council addressed recommendations under Article 104(7) to the United Kingdom with a view to bringing the situation of an excessive government deficit to an end by 2006/07 at the latest. In particular, the Council recommended that the United Kingdom authorities bring the general government deficit below 3% of GDP in a credible and sustainable manner and to this end ensure an improvement of the structural balance by at least 0.5 percentage points of GDP between the 2005/2006 and 2006/2007 financial years. In addition, the Council invited the United Kingdom authorities to ensure that, after the excessive deficit has been corrected, budgetary consolidation is sustained towards a medium-term budgetary objective that (i) provides a safety margin with respect to the 3% of GDP deficit limit; (ii) maintains prudent debt ratios taking into account the economic and budgetary impact of ageing populations; and (iii) taking (i) and (ii) into account, allows room for budgetary manoeuvre, in particular considering the needs for public investment.Table 1: Adjustment endorsed by the Council on 24 January 2006% of GDP, unless indicated otherwise | 2004/2005 | 2005/2006 | 2006/2007 |General government balance change in structural balance | -3.2 | / | deficit < 3 + 0.5 at least |2004 | 2005 | 2006 | 2007 |p.m.: Real GDP growth (%) | 3.2 | 1.6 | 2.3 | 2.8 |Note : structural balance = cyclically-adjusted balance excluding one-off and other temporary measuresSource : Council recommendation under Article 104(7), quoting the Commission services’ autumn 2005 forecast and including subsequent evaluationsOn 20 September 2006, after the expiry of the deadline of 24 July 2006 for the UK authorities to take action in response to the Council recommendations, the Commission adopted a Communication to the Council, which concluded that the United Kingdom seemed to be just on track to correct its excessive deficit by the end of 2006/2007, although the structural improvement of the budget balance between 2005/2006 and 2006/2007 could fall short of the minimum 0.5% of GDP recommended by the Council[7]. In its conclusions of 10 October 2006, the Council concurred with the Commission and confirmed its intention to continue together with the Commission to closely monitor budgetary developments in the United Kingdom.Since the data notified in March 2007 for budgetary year 2006/2007 were based on government projections, the United Kingdom has decided to submit a supplementary notification in July 2007, reporting actual outturns for 2006/2007 and updated data for previous years, which has enabled the Commission to assess budgetary developments in the United Kingdom relative to the Council recommendation on bringing the excessive deficit situation to an end by 2006/2007 at the latest.According to Article 104(12), a Council decision on the existence of an excessive deficit is to be abrogated, on the basis of a Commission recommendation, when the excessive deficit in the Member State concerned has, in the view of the Council, been corrected.2. DEFICIT DEVELOPMENTS UNTIL 2006/2007THE COUNCIL DECISION THAT THE UNITED KINGDOM WAS IN EXCESSIVE DEFICIT WAS BASED ON A DEFICIT ESTIMATE FOR 2004/ 2005 of 3.2% of GDP. However, the July 2007 notification shows a deficit for 2004/2005 of 3.4% of GDP[8]. Compared to the previous year, the structural balance is estimated to have deteriorated by 0.2 percentage points of GDP[9]. In 2005/2006, the deficit fell to 3.2% of GDP, notwithstanding a sharp slowdown in GDP growth. The improvement, however, partly reflected the imputation of a one-off transaction that reduced the deficit by 0.3% of GDP[10]; in structural terms, the consolidation is estimated to have been equivalent to 0.2 percentage points of GDP.In 2006/2007 the deficit fell further to 2.7% of GDP, 0.1 percentage point less than the deficit forecast in December 2005 update of the convergence programme[11]. The ratio to GDP of government revenue rose by 0.4 percentage points to 41.6% of GDP, boosted by strong receipts of corporate taxes on financial sector profits and a doubling of the supplementary tax rate on profits from the extraction of oil and gas. Government expenditure, including a capital transfer of 0.1% of GDP in relation to the cancellation of debts owed by developing countries, remained stable at 43.9% of GDP. In structural terms, the deficit in 2006/2007 is estimated to have improved by 0.7% of GDP when compared to 2005/2006[12], in line with the Council's recommendation to achieve a structural improvement of at least 0.5% of GDP.3. DEFICIT PROJECTIONS FOR 2007/2008 AND BEYONDThe Commission services' spring 2007 forecast projects continuing fiscal consolidation during 2007/2008 and 2008/2009, though of modest scale given expectations of continued robust economic expansion. In 2007/2008, the deficit is forecast at 2.6% of GDP, in a favourable macroeconomic context, with real GDP growth expected to reach 2.7%[13]. The latter, coupled with an increase in air passenger duty and some tax avoidance counter-measures, are expected to contribute to a rise in the revenue ratio by 0.4 percentage points of GDP. However, this will be almost completely offset by an increase in the expenditure ratio, largely on account of higher investment spending. The United Kingdom authorities also reported a planned deficit of 2.6% (adjusted for UMTS receipts) for 2007/2008 in their July 2007 notification, unchanged from the forecast in the 2007 Budget and in their notification of March 2007. However, the projected deficit ratio is 0.3 percentage points higher than in the December 2006 update of the convergence programme, on account of a downward revision in corporate taxation revenue from oil and gas extraction in the North Sea. According to the Commission services' spring 2007 forecast, with output growth matching potential the reduction in the structural balance is estimated to be of 0.2 percentage points of GDP in 2007/2008.In 2008/2009, the fiscal stance is also expected to be tightened slightly, with the Commission services projecting a deficit of 2.4% of GDP under a no-policy change assumption. The revenue ratio is expected to increase by 0.2 percentage points of GDP, mainly as a result of fiscal drag. The tax reforms announced in the 2007 Budget, which will take effect as from 2008/2009, will have a neutral effect on the profile of the general government deficit, since the announced 2 percentage point reduction in the basic rate of personal income tax and in the main corporate tax rate will be offset by the abolition of the 10% starting rate of income tax and a reduction of capital allowances against corporation tax. On the expenditure side, although the Comprehensive Spending Review (CSR) 2007, which is expected to be published in October 2007, will establish the expenditure limits for the individual departments for the three-year period starting 2008/2009, the 2007 Budget already set overall spending limits that curtail real growth in current expenditure in 2008/2009 to 2.0% and maintain public sector net investment at 2¼% of GDP over the CSR period. These spending limits, which the Commission services' forecast assumes will be adhered to, imply a drop in general government expenditure growth from almost 6% in the previous financial year to 4.9% in 2008/2009, with the expenditure-to-GDP ratio remaining constant at 44.2% of GDP. In structural terms, the Commission services' deficit forecast for 2008/2009 implies an improvement of 0.3% of GDP.The United Kingdom does not have a medium-term objective (MTO) for its budgetary position in the sense required by the Stability and Growth Pact. However, the 2007 Budget includes the government's projections on public finances beyond 2008/2009. These projections foresee a drop in the general government deficit (adjusted for UMTS receipts) to 2.0% of GDP in 2009/2010, 1.8% in 2010/2011 and 1.5% in 2011/2012. The estimated minimum benchmark – that is, the estimated budgetary position in cyclically-adjusted terms that provides a sufficient safety margin for automatic stabilisers to operate freely during normal economic downturns without breaching the 3% of GDP reference value – calculated for the UK as a deficit of around 1½% of GDP, is projected to be reached only in 2011/2012. In its opinion of 27 February 2007 on December 2006 update of the convergence programme[14], the Council noted that achieving the budgetary targets after 2007/2008 (marginally more demanding after 2008/2009 than in the 2007 Budget) required the effective implementation of the projected expenditure restraint. It invited the United Kingdom to: " pursue budgetary consolidation over the programme period, especially by implementing the projected reduction in expenditure growth after 2007/2008, and to strengthen further its fiscal position in order to address the risks to long-term sustainability of the public finances ".4. DEBT DEVELOPMENTS AND PROJECTIONSThe general government debt ratio remains well below the 60% reference value, although it has risen from 39.6% of GDP in 2004/2005 to 42.5% of GDP in 2006/2007. The increase in the debt ratio since the beginning of the excessive deficit procedure in 2004/2005 is mainly due to primary deficits, although a positive stock-flow adjustment, chiefly reflecting loans to higher education students, also contributed. The 'snow-ball' effect, which refers to the changes in the debt ratio induced by differences between the average interest rate on government debt and nominal GDP growth, contributed to increase the debt ratio by about 0.5 percentage point in 2005/06 when nominal GDP growth decelerated abruptly.Under a no-policy change assumption, the Commission services' spring 2007 forecast projects an increase in the debt ratio to 43.9% by the end of 2008/2009. This is 0.5 percentage point lower than projected in the 2007 Budget, on account of the carry-over effect from the lower debt outturn in 2006/2007. The modest improvement in the primary balance should curtail the increase in the debt ratio, whereas the snow-ball effect is expected to have a neutral influence on the ratio during the forecast period. However, a further strengthening of the fiscal position beyond that foreseen to 2008/2009 will be required to halt the increase in the debt ratio.5. CONCLUSIONSIn 2006/2007 the general government deficit decreased from 3.2% of GDP in 2005/2006 to 2.7%, below the 3% of GDP reference value. The structural balance, i.e. the cyclically-adjusted balance net of one-off and other temporary measures, is estimated to have improved by 0.7% of GDP , in line with the minimum 0.5% of GDP structural adjustment recommended by the Council. According to the Commission services’ spring 2007 forecast, the headline deficit is expected to narrow to 2.6% of GDP in 2007/2008 and, on a no-policy change basis, to 2.4% in 2008/2009. This indicates that the deficit has been brought below the reference value in a credible and sustainable manner, although the projected path of future consolidation is modest relative to the benign economic environment forecast for 2007/2008 and 2008/2009.General government gross debt rose from 39.6% of GDP in 2004/2005 to 42.5% in 2006/2007, but remaining well below the 60% of GDP reference value. According to the Commission services’ spring 2007 forecast, the debt ratio is expected to rise to 43.9% of GDP by 2008/2009 (on a no-policy change basis), with the modest improvement in the primary balance curtailing the increase in debt.From an overall assessment, it follows that the excessive deficit situation in the United Kingdom has been corrected. Accordingly, the Commission recommends to the Council to abrogate its decision on the existence of an excessive deficit in the United Kingdom.  Table 2: Budgetary developments, 2004/2005-2008/2009% of GDP, unless indicated otherwise | 2004/05 | 2005/06 | 2006/07 | 2007/08 | 2008/09 |COM | UK notification/ Budget 07 (2) | COM(3) | UK notification/Budget 07 (2) |General government balance | -3.4 | -3.2 | -2.7 | -2.6 | -2.6 (-2.3) (4) | -2.4 | -2.2 (-1.9) (4) |- Total revenues | 39.5 | 40.8 | 41.2 | 41.6 | n.a. | 41.8 | n.a. |- Total expenditure | 42.9 | 43.9 | 43.9 | 44.2 | n.a. | 44.2 | n.a. |Of which : | - interest expenditure | 2.0 | 2.1 | 2.1 | 2.1 | 2.2 | 2.1 | n.a |- gross fixed capital formation | 1.8 | 0.6 | 1.8 | 2.0 | 2.1 | 2.3 | n.a. |Primary balance | -1.4 | -1.1 | -0.6 | -0.5 | -0.4 | -0.3 | n.a. |One-off and other temporary measures | 0.0 | 0.3 | 0.0 | 0.0 | 0.0 | 0.0 | 0.0 |Cyclically-adjusted balance | -3.5 | -3.0 | -2.6 | -2.4 | -2.3 | -2.1 | -1.9 |Structural balance(1) | -3.5 | -3.3 | -2.6 | -2.4 | -2.3 (-2.1)(4) | -2.1 | -1.9 (-1.7)(4) |Government gross debt | 39.6 | 41.6 | 42.5 | 43.3 | 44.3 | 43.9 | 44.4 |Pm Real GDP growth (%) | 2.9 | 1.9 | 2.9 | 2.7 | 2½(5) | 2.4 | 2½(5) |Pm Output gap(6) | 0.5 | -0.3 | -0.4 | -0.4 | -0.6 | -0.5 | -0.6 |(1) Cyclically-adjusted balance excluding one-off and other temporary measures. (2) UK forecast provided to the Commission with the July 2007 notification and unchanged from the end-March 2007 notification, based on the projections in the Budget 2007 document of 21 March 2007. However, output gaps used to estimate the cyclically-adjusted and structural balances are calculated by Commission services. (3) No-policy change assumption. (4) Forecast by UK authorities in the December 2006 update of the convergence programme. (5) GDP forecast underlying the authorities' projections for public finances derived from a scenario whereby trend growth is one-quarter percentage point higher. (6) Commission services' estimates of the output gap on a calendar year basis, with the estimate for 2004 listed in the 2004/2005 column, and based on potential growth estimates of 2.8% in 2006, 2.8% in 2007 and 2.6% in 2008. Sources: Commission services’ spring 2007 forecast (COM), December 2006 update of the convergence programme, 2007 Budget and July notification. |Recommendation for aCOUNCIL DECISIONabrogating Decision 2006/125/EC on the existence of an excessive deficit in the United KingdomTHE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 104(12) thereof,Having regard to the recommendation from the Commission,Whereas:(1) In its Decision 2006/125/EC of 24 January 2006[15], following a recommendation from the Commission in accordance with Article 104(6) of the Treaty, the Council decided that an excessive deficit existed in the United Kingdom. The Council noted that in financial year 2004/2005[16] the general government deficit was 3.2% of GDP, above the 3% of GDP Treaty reference value, while general government gross debt stood at 40.8% of GDP, well below the 60% of GDP Treaty reference value.(2) On 24 January 2006, in accordance with Article 104(7) of the Treaty and Article 3(4) of Council Regulation (EC) No 1467/97 of 7 July 1997 on speeding up and clarifying the implementation of the excessive deficit procedure[17], the Council made, based on a recommendation from the Commission, a recommendation addressed to the United Kingdom that the excessive deficit situation should be brought to an end by 2006/2007 at the latest. The recommendation was made public.(3) In accordance with Article 104(12) of the Treaty, a Council Decision on the existence of an excessive deficit is to be abrogated when the excessive deficit in the Member State concerned has, in the view of the Council, been corrected.(4) In accordance with the Protocol on the excessive deficit procedure annexed to the Treaty, the Commission provides the data for the implementation of the procedure. As part of the application of this Protocol, Member States are to notify data on government deficits and debt and other associated variables twice a year, namely before 1 April and before 1 October, in accordance with Article 4 of Council Regulation (EC) No 3605/93 of 22 November 1993 on the application of the Protocol on the excessive deficit procedure annexed to the Treaty establishing the European Community[18]. In view of the fact that the data notified in March 2007 for budgetary year 2006/2007 were government projections, the United Kingdom has decided to submit in the context of its excessive deficit procedure a supplementary notification. This, received on 16 July 2007, reports actual outturns for 2006/2007, which has enabled the Commission to assess budgetary developments in the United Kingdom relative to the Council recommendation on bringing the excessive deficit situation to an end by 2006/2007 at the latest.(5) Based on data provided by the Commission (Eurostat) in accordance with Article 8g(1) of Regulation (EC) No 3605/93 following the notification by the United Kingdom on 16 July 2007 and on the Commission services’ spring 2007 forecast, the following conclusions are warranted:-  the general government deficit was reduced from 3.2% of GDP in 2005/2006 to 2.7% in 2006/2007, below the 3% of GDP deficit reference value. This is slightly below the projection of 2.8% of GDP set in the December 2005 update of the United Kingdom's convergence programme,-  fiscal consolidation in 2006/2007 resulted from an increase in the revenue ratio of 0.4 percentage points of GDP, especially through higher corporate tax revenues. Total government expenditure between 2005/2006 and 2006/2007 grew in line with nominal GDP, although capital spending was lower than projected in the December 2006 convergence programme and current expenditure higher. Compared with 2005/2006, during which year the imputation of a one-off transaction reduced the deficit by 0.3% of GDP, the improvement in the structural balance (i.e. the cyclically-adjusted balance net of one-off and other temporary measures) in 2006/2007 is estimated at 0.7% of GDP,-  for 2007/2008, in line with the deficit projection published in the Budget of March 2007, the Commission services' spring 2007 forecast projects the deficit to be reduced further, to 2.6% of GDP, driven by a rise in the revenue ratio, specifically the tax burden, which is however almost completely offset by a rise in the expenditure ratio. This deficit ratio is higher than the official deficit projection of 2.3% of GDP set in the December 2006 update of the convergence programme, on account of a downward revision in corporate taxation revenue. For 2008/2009, the spring forecast projects, on a no-policy change basis, a further decline in the deficit to 2.4% of GDP. This profile indicates that the deficit has been brought below the 3% of GDP ceiling in a credible and sustainable manner. In structural terms, the general government deficit is projected to fall by 0.2 percentage points of GDP in 2007/2008 and, on a no-policy change basis, by 0.3 percentage points in 2008/2009. This indicates a rather modest path of future consolidation relative to the favourable economic environment forecast.-  government debt increased from 39.6% of GDP in 2004/2005 to 42.5% in 2006/07. According to the Commission services' spring 2007 forecast, the debt ratio is projected to increase to around 43.9% by end-March 2009, but remaining well below the 60% of GDP reference value. A further strengthening of the fiscal position beyond that foreseen for 2008/2009 will be required to halt the increase in the debt ratio.(6) In the view of the Council, the excessive deficit in the United Kingdom has been corrected and Decision 2006/125/EC should therefore be abrogated.HAS ADOPTED THIS DECISION:Article 1From an overall assessment it follows that the excessive deficit situation in the United Kingdom has been corrected.Article 2Decision 2006/125/EC is hereby abrogated.Article 3This Decision is addressed to the United Kingdom of Great Britain and Northern Ireland.Done atFor the CouncilThe President [1] OJ L 209, 2.8.1997, p. 6. Regulation as amended by Regulation (EC) No 1056/2005 (OJ L 174, 7.7.2005, p. 5).[2] OJ L 332, 31.12.1993, p. 7. Regulation as last amended by Regulation (EC) No 2103/2005 (OJ L 337, 22.12.2005, p. 1).[3] The most recent notification of the United Kingdom can be found at:http://epp.eurostat.ec.europa.eu/portal/page?_pageid=2373,58110711&_dad=portal&_schema=portal[4] SEC(2005) 1144. All EDP-related documents for the United Kingdom can be found at the following website: http://ec.europa.eu/economy_finance/about/activities/sgp/edp/edpuk_en.htm[5] All United Kingdom general government balance data referred to in this Communication apply the Eurostat decision of 14 July 2000 on the allocation of UMTS receipts. The United Kingdom has generally not applied this decision in domestic publication of its public finance data, which results in a general government deficit measured on a Eurostat basis being around 0.1 percentage point of GDP per annum higher than reported in national accounts published by the United Kingdom’s Office for National Statistics from 2001/2002 onwards.[6] OJ L 51, 22.2.2006, p. 14.[7] SEC(2006) 1159.[8] The upward revision in the deficit figure reflects the reclassification of proceeds on disposals of social housing from revenue to disposal of equity.[9] Estimated by the Commission services, applying the common methodology on estimating output gaps.[10] Following the restructuring of the nuclear energy sector, which led to the transfer to central government of assets held by a public corporation, the United Kingdom's Office for National Statistics classified the transfer in respect of central government as a deficit-reducing flow, valued at 0.3% of GDP in 2005/2006.[11] Data provided by the Commission (Eurostat) (cf. Eurostat News Release No 113 of 17 August 2007) following the reporting by the United Kingdom in July 2007, in accordance with Council Regulation (EC) No 3605/93. Deficit ratios are usually revised – upward or downwards – after the publication of the first outcome. For the EU Member States as a whole, the revisions are usually relatively small and on average insignificantly different from zero. Given the track record of revisions in the UK and the distance between the currently reported deficit for 2006/2007 and the deficit reference value, there is a low probability that potential future revisions in government accounts would raise the 2006/2007 deficit ratio in excess of 3% of GDP.[12] Commission services' estimate (cf. fn. 9).[13] According to the United Kingdom's Public Expenditure Outturn White Paper published on 19 July 2007, in 2006/2007 government departments spent £10.0 billion (0.7% of GDP) less than the Departmental Expenditure Limits (DELs) for the year, raising the total amount of unutilised financial resources that departments are allowed to carry forward to 2007/2008 to £22.6 billion (1.5% of GDP). In principle, departments can draw on previous years' unspent financial allocations, constituting a risk of higher deficits than the budget projections for 2007/2008. However, parliamentary approval would need to be obtained by departments if they decide to draw upon allocations from earlier years. The degree of accumulated under-spend is also expected to be taken into account by government in the Comprehensive Spending Review scheduled for October 2007.[14] OJ C 72, 29.3.2007, p. 20.[15] OJ L 51, 22.2.2006, p. 14.[16] According to Council Regulation (EC) No 1467/97, the relevant budgetary data for the United Kingdom are established in budgetary year (i.e. financial year) terms, running from 1 April to 31 March.[17] OJ L 209, 2.8.1997, p. 6. Regulation as amended by Regulation (EC) No 1056/2005 (OJ L 174, 7.7.2005, p. 5).[18] OJ L 332, 31.12.1993, p. 7. Regulation as last amended by Regulation (EC) No 2103/2005 (OJ L 337, 22.12.2005, p. 1).


title: RECOMMENDATION FOR A COUNCIL DECISION authorizing the Commission to negotiate an agreement to set up a European Economic and Social Policy Research Institute (presented by the Commission to the Council)

text:
ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (78) 592
Vol. 1978/0226
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concernant l'ouverture au public des archives historiques de la Communauté économique
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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                                                COM(78)592 final
                                                      Brussels , 21 November 1978
                      RECOMMENDATION FOR A COUNCIL DECISION
      authorizing the Commission to negotiate an agreement to set up a
      European Economic and Social Policy Research Institute
                ( presented "by the Commission to the Council )
 COM(78 ) 592 final
 ---pagebreak---                              EXPLANATORY tt*?-!QRA2}I'rJM
      The prupose of the attached recon send- r,ion is to obtain authorization
for the Community to start negotiations with FJvropean non-member States with
a view to setting up a European Economic eukV Social Policy Research Institute
      The Commission on 10 October 1975 submitted to the Council a proposal
for a Regulation setting up a European Communities Institute for Economic
                          Λ
Analysis and Research ,     to study the difficulties enr^iirlercd by the Community
both in its external relations and in its internal            f-pment , in prograssin
towards integration .
                                2   , .,                                        3
   • The European Parliament ana the Economic aril i'ocial Coaanittee gave
opinions in favour® Discussion of the scheme by the Council working party
on economic affairs , to which the Permanent Representatives * Committee
referred it , ended in eight Delegations * signifying agreement in principle
subject to a number of minor adjustments , while one Delegation reserved its
position »
      On the strength of discussions since then , the Commission is now in a
position to propose a fresh scheme .
      The Institute would be set up by an international agreement between
the Community as such , under Article 235 of the Treaty of Rome , and a
number of European non–member States . It would be independent , with its
Management Board , appointed by the several signatories to the agreement ,
having full liberty to appoint and dismiss the Director . The Institute
                                                                   « • •/ • » <
 Doc . COM(75 ) 450 , 17 September 1975 » published ir the Official Journal
 of the European Communities , 11 November 1975j ® '      258 .
^Official Journal , 5 April 1976 , No C 79*
 Doc . CES 374/76 CS .
+Doc . R/12/77 ( fin. 3 ), 4 January 1977-
 ---pagebreak--- itself would "be responsible for drawing up , inaependently , its work programme ;
it might , however , take account of suggestions made to it "by the Community ,
the Governments of the States signatory to the agreement , and the Management
Board 's own members .
     It would be financed in accordance with a scale of apportionment to be
determined by all the signatories to the agreement . The Community 1 ^ share
would be paid "by means of a subsidy from tha Community Budget .
                                      *
                                   *     *
The Commission considers that these principles afford a practical basis for
the setting-up of a European Economic and Social Policy Research Institute
in place of the scheme it proposed earlier .
      Consequently , it recommends the Council that negotiations be opened with
other non–member European States for the setting-up of the Institute on the
basis of the recommendation annexed hereto .
 ---pagebreak---                             RECOMMENDATION FOR A
                            COUNCIL DECISION
authorizing the Commission to negotiate an agreement to set up a European
Economic and Social Policy Research Institute
THE COUNCIL OP THE EUROPEAN COMMUNITIES ,
Having regard to the Treaty establishing the European Economic Community ,
Having regard to the recommendation from the Commission ,
Whereas the problems raised by economic and social change are growing in
complexity and number ,
Whereas Europe does not possess an instrument wnich , through the pooling
of experience and knowledge , would enable it properly to analyze the factors ,
both internal and external ( which however are largely the same for all ),
that may influence such economic and social change ; whereas , this being the
case , the setting-up of a European Economic and Social Policy Research Institute
would seem appropriate to need this meet this need ;
HAS DECIDED AS FOLLOWS :
                                 Sole Article
      The Commission is hereby authorized to negotiate an agreement between
the European Economic Community and European States which are not members
of the Community with a view to setting up a European Economic and Social
Policy Research Institute .
                                                                     • • •/ • •
 ---pagebreak---      The Commission shall conduct the negotiations in consultation with
a committee composed of representatives of the Member States in accordance
with the directives set out in the Annex .
Done at Brussels ,            19  «                   For the Council
                                                      The President
 ---pagebreak---                                                             ANNEX
                    Negotiating Directives
     The Community should negotiate the adoption of a Charter setting
up a European Economic and Social Policy Research Institute which follows
these guidelines as closely as possible .
                          Draft Charter
     setting up a European Economic and Social Policy Research Institute
     Preamble ( to be prepared )
                          Article 1
1.   A European Economic and Social Policy Research Institute , hereinafter
called thd Institute , is hereby set up .
2.   The Institute shall enjoy the most extensive legal capacity accorded
to legal persons .
3-   The Institute shall be non- profit -making. It shall have its seat
in
                          Article 2
     The Institute shall , within the framework of the work programma
referred to in Article 9 , study the economic and social problems facing
Europe both internally and in its relations with the rest of the world .
     Within thi6 framework it shall give particular attention to pro
blems connected with integration inside the European Communities .
                          Article 3
1.   In carrying out its task , the Institute shall cooperate as closely
as possible with economic and social research and forecasting bodies ,
 ---pagebreak---                                - 2 -
particularly thbse located in Europe ; it shall encourage them in their
work on economic and social studies concerned with Europe and shall
seek to utilize to the best possible advantage the services of such
bodies and the results they produce .
2.    The Institute should establish contacts and cooperate with research
bodies outside Europe and with the international bodies concerned with
economic and social affairs .
                           Article
      The Institute shall be managed by a Management Board .
                           Article 5
1.    The Management Board shall consist of   x  members .
2.    The members of the Management Board shall be chosen with regard to
their competence and experience in the field of economic or social ana
lysis and research .
3.    The Director and members of the Management Board shall be fully in
dependent in the performance of their duties .
b.    The members of the Management Board shall be appointed by the High
Contracting Parties , with y members for the European Community and one
for each of the other Contracting Parties .
5-    The term of office of members shall be four years .  It shall be
renewable once .   Upon the expiry of their term of office or in the event
of their resignation members shall remain in office until their appoint
ments are renewed or until they are replaced .
6.    The Management Board shall elect its Chairman and three Vice-Chair-
men from among its members to serve for a twice-renewable period of two
years .
 7.   The Chairman shall convene the Management Board at least three times
 a year .  The Management Board must also be convened if not less than a
 third of its members 60 requests .                          L
 8.   Save as otherwise provided in the Institute 's rules of procedure ,
 the Management Board shall take decisions by a simple majority of its
 members . The quorum shall consist of two thirds of the members .
 ---pagebreak---                             Article 6
       The Management Board shall adopt its own rules of procedure .
                            Article 7
                            1      1
1.     The Director shall be appointed by the Management Board .
2.     The term of office of the Director shall be five years ; it shall
be renewable .
3-     The Director shall automatically be a member of the Management
Board .
                            Article 8
1.     The Director shall be responsible for managing the Institute in
accordance with the guidelines or decisions of the Management Board .
He shall be the legal representative of the Institute .
2.     He shall prepare and organize the work of the Management Board
and provide the Secretariat for its meetings .
3-     He shall coordinate the activities of the working parties .
k.     He shall be responsible for all staff matters and for engaging
and dismissing staff .
5-     He shall be accountable to the Management Board for his activities
                            Article 9
       On the basis of proposals from the Director , the Management Board
shall lay down guidelines for the activities of the Institute and set
the requisite deadlines .
       As far as possible the Institute shall take into account the needs
expressed by the Community , the Governments of the States signatories t
the agreement and the members of the Management Board .
                            Article 10
       whenever necessary , the Institute shall organize symposia and semi
r tuvs in order to facilitate contact with persons responsible for econo
mic and social policy , research workers and academics .
 ---pagebreak---                               - k -
                          Article 11
     The Director, shall prepare and present to the Management Board
an annual report on its activities .  The report shall be published by
31 March at the latest every year .
                          Article 12
     The Institute shall publish all the studies which it carries out .
In exceptional cases , the Director may decide to postpone publication .
                          Article 13
     The Management Board shall draw up a statement of all revenue and
expenditure , which shall be in balance , for each financial year , which
shall be the same as the calendar year .
                          Article 1H
     The Institute shall be entitled to receive donations .
                  i
                          Article 15
     Any expenditure not covered by the revenue of the Institute shall
be borne by the Community and the other Contracting Parties in the following
proportions :
                          Article 16 et seq.
     ( financial and legal provisions to be prepared ).
     With regard to Staff Regulations , .the arrangements should be the
same as those adopted in respect of the European University Institute in
Florence . The arrangements concerning the part of the financing to be
charged to the Community budget and financial control should be modelled
on those applied by the Commission in respect of subsidies *


title: RECOMMENDATION FOR A COUNCIL DECISION on the conclusion of an agreement between the European Economic Community and the Republic of Mali for the supply of grain as food aid (submitted to the Council by the Commission)

text:
ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (73) 1536
Vol. 1973/0267
 ---pagebreak--- Disclaimer
Conformément au règlement (CEE, Euratom) n° 354/83 du Conseil du 1er février 1983
concernant l'ouverture au public des archives historiques de la Communauté économique
européenne et de la Communauté européenne de l'énergie atomique (JO L 43 du 15.2.1983,
p. 1), tel que modifié par le règlement (CE, Euratom) n° 1700/2003 du 22 septembre 2003
(JO L 243 du 27.9.2003, p. 1), ce dossier est ouvert au public. Le cas échéant, les documents
classifiés présents dans ce dossier ont été déclassifiés conformément à l'article 5 dudit
règlement.
In accordance with Council Regulation (EEC, Euratom) No 354/83 of 1 February 1983
concerning the opening to the public of the historical archives of the European Economic
Community and the European Atomic Energy Community (OJ L 43, 15.2.1983, p. 1), as
amended by Regulation (EC, Euratom) No 1700/2003 of 22 September 2003 (OJ L 243,
27.9.2003, p. 1), this file is open to the public. Where necessary, classified documents in this
file have been declassified in conformity with Article 5 of the aforementioned regulation.
In Übereinstimmung mit der Verordnung (EWG, Euratom) Nr. 354/83 des Rates vom 1.
Februar 1983 über die Freigabe der historischen Archive der Europäischen
Wirtschaftsgemeinschaft und der Europäischen Atomgemeinschaft (ABI. L 43 vom 15.2.1983,
S. 1), geändert durch die Verordnung (EG, Euratom) Nr. 1700/2003 vom 22. September 2003
(ABI. L 243 vom 27.9.2003, S. 1), ist diese Datei der Öffentlichkeit zugänglich. Soweit
erforderlich, wurden die Verschlusssachen in dieser Datei in Übereinstimmung mit Artikel 5
der genannten Verordnung freigegeben.
 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                                       COM(73)1536 Final
                                                       Brussels . 12 September 1973
                       RECOMMENDATION FOR A COUNCIL DECISION
              on the conclusion of an agreement between the European
               Economic Community and the Republic of Mali for the
                            supply of grain as food aid
                   ( submitted to the Council by the Commission)
  001(73)1536 Final
 ---pagebreak---                                    -2-                  νΐΙΙ/90ΐ(73 ) Βφ-Ε
THE COUNCIL OP THE EUROPEAN COIMUITITIES ,
Having regard to the Treaty establishing the European Economic Community !
and in particular Articles 113 , 114 and 228 thereof ;
Having regard to the Recommendation from the Commission ;
Whereas the European Economic Community has deposited a dec! aration . of
provisional application of the Food Aid Convention of 1971 ;  whereas
that Convention has "been in force since 1 July 1971 ;
Whereas by letter of 13 December 1972 the Republio of Mali submitted a
request for food aid ;
Whereas , in view of the cereal supply situation in the Republic of Mali ,
that country should be granted a gift of 20 000 metric tons of grain
comprising 15 000 metric tons of maize and 5 000 notric tons in the
form of 3 164 metric tons of common wheatmeal under the Community Pood
Aid Progrsjnme for 1972/73 ;
HAS DECIDED THATi
                                Article 1
On behalf of the European Economic Community an Agreement , the text
whereof is annexed hereto , shall be concluded between the European
Economic Community and the Republic of Mali for the supply of soft
wheat as food aid .
                                Article 2
The President of the Council is hereby authorized to designate those
who are to sign the Agreement , and to confer on them the requisite
powers to bind the Community.
Done at Brussels ,     19 . •               Pbr the Council
                                             The President
 ---pagebreak---                                            VIII/901(73)B4-E
               AGKEEMEWT
BETWEEN THE EUROPEAN ECONOMIC COI-DTUITITT
       AtTD THE REPUBLIC OP MALI
       FOR THE SUPPLY OP GRAIN
              AS POOD AID
 ---pagebreak---                                   -2-                  VIU/901 ( 73 ) B-4
THE COUNCIL OP THE EUROPEAN COMMUNITIES ,
                                                of the one part .
THE GOVERNMENT OP THE REPUBLIC OP MALI , '
                                               of the other part ,
RIVE DECIDED to conclude this Agreement and to this end have designated
as their plenipotentiaries ;
THE COUNCIL OP TIE EUROPEAN COMMUNITIES :
THE GOVEHHI-SNT OP THE REPUBLIC OP MALI :
WHO HAVE AGREED AS FOLLOWS :      '    '
 ---pagebreak---                                   -3-                    VIÏI (90B. (73")B4-J3
                              ARTICLE I
As part of its Pood Aid Programme (Cereals) for 1971 /72 , the European
Economic Community shall supply 20 000 metric tons of grain comprising
15 000 metric tons of maize and 5 000 metric tons in the fora of 3 164
metric tons of common wheat meal as a gift to the Republic of Mali ,
hereinafter referred to as the " country of destination".
                              ARTICLE   II
Deliveries shall "be made to a place of destination to he determined "by
agreement between the country of destination      and the European Economic
Community.
                              ARTICLE III
The obligations and responsibilities of the European Economic Community
and of the oountry of destination relating to delivery and the taking
of delivery are defined in the Annex which forms an integral part of
this agreement .
                              ARTICLE   IV
The country of destination undertakes to make all necessary arrangements
for the transport and insurance of the goods from the place of
destination .
                              ARTICLE    V
The countiy of destination undertakes to use for purposes of consumption
the goods received as aid .    The country of destination shall distribute
the maize received as aid free of charge except for 5 000 metric tons
which may be sold on the local market at prices normally obtaining on
 that market for goods of comparable quality .
 The proceeds of such sale , less normal marketing costs incurred on the
 local market ( excluding inland transport costs ) shall be paid into a
 special account with the Central Bank or a bank tinder State supervision
 to form a fund for the financing of one or more development projects
 previously submitted by the country of destination and approved by the
 European Economic Community.
 ---pagebreak---                                     -4-                   VHI/ 901 (73 )B4-E
                               ARTICLE  71
The Contracting Parties undertake to implement this Agreement in such
                      all detriment to the noiraal structure of domestic
production and international trade .     To this end they shall take    any
measures required to ensure that aid supplies are in addition to , and
do not replace , business transactions which might reasonably "be
expected to take place in the absence of such supplies .
                               ARTICLE VII      '     '
The country of destination shall take all such measures as are requisite
to prevent :
-   the re-export of the product received as aid and of products
    obtained from such supplies ;
-   the export , commercially or otherwise , within six months of the
    last delivery , either of the locally obtained product being of
    the same kind as that received as aid , or of any product processed
    therefrom .
                                ARTICLE VIII. .
The country of destination undertakes to inform the European Economic
Community as to how this Agreement is implemented. To this end , it shall
provide the Commission of the European Communities with the following
 information.
 - not more than thirty days after delivery is taken of each consignment :
    - the place and date of taking delivery; nature, quantity
       and quality of the goods of which delivery has been tak«zif
 -   every three months until the quantities received as aid have been
     fully used :
     - the quantities distributed , the number and type of recipients and
       the places , the rate and the method of distribution;
 - the quantities sold , the method of marketing employed and price
     at which sold ;
 -   every year on 15 January until the exhaustion held in the special
     account :
 ---pagebreak---                                  -5-                   VIII/901 (73)B4-E
- position of the account ( receipts and payments ) at 31 December of the
  preceding year ;
- state of progress of the project(s), indicating total financing expenses
  to date . . ' •  .
                              ARTICLE IX
The country of destination shall take all measures necessary to enable
persons duly authorized "by the European "Economic Community to follow
on. the spot the progress of operations carried out in pursuance of this
Agreement#
                              ARTICLE X
The Contracting Parties shall at the request of either of them consult
each other concerning any questions touching the implementation of this
Agreement#
                              ARTICLE XI
This Agreement is drawn up m duplicate m the Danish, Dutch , English,
French, German and Italian languages , each of these texts being equally
authentic .
 ---pagebreak---                                                         ΥΙΙΙ/901(73)ΒΨ-Ε
            MEEK REFERRED TO HT ARTICLE III OP THE AGREEMENT
                              Article   1
Delivery shall be treated as talcing place and the risks shall pass
from the European Economic Community to the country of destination at
the moment when the goods actually arrive at the place of destination.
The country of destination shall bear all costs for reception of goods ,
                                             ■ *■
any trans-shipment costs and all other costs subsequent to delivery.
Any costs incurred as a result of delay attributable to the country
of destination in taking delivery of the goods shall be borne by that
country.
                              Article   2
The European Economic Community shall notify the country of destination
as soon as possible of the means of transport to be used to carry the
goods to the place of destination , the means of shipment to be used
during the intermediary phases , the date of loading and the quantity
and quality of the goods as recorded on shipment from the Community .
                              Article   3
The European Economic Community shall inform the country of destination
in good time of the expected date of arrival of the goods at the place
of destination. .
The European Economic Community shall inform the country of destination ,
at least two days in advance , of the date of arrival of the goods at the
place of destination.
                             Article  4
On delivery of the goods , a tolerance of    less than the quantity to
be supplied under Article I of the Agreement shall be allowed.
 ---pagebreak---                                   -2-                     VIIl/901 (73)B4–E
                              Article  5
For purposes of the implementation of the provisions of this Annex the
European Economic Community shall appoint - an agent , whose name and
address it shall in good time communicate to the country of destination.
             r .
The country of destination shall appoint a receiving agent in each
place of delivery whose name and address it shall communicate to the
European Economic Community before the Agreement is implemented.