title: 2014/180/EU: Commission Recommendation of 27 March 2014 on a second coordinated control plan with a view to establishing the prevalence of fraudulent practices in the marketing of certain foods  Text with EEA relevance

text:
               29.3.2014

               EN

               Official Journal of the European Union

               L 95/64

         COMMISSION RECOMMENDATION
   of 27 March 2014
   on a second coordinated control plan with a view to establishing the prevalence of fraudulent practices in the marketing of certain foods
   (Text with EEA relevance)
   (2014/180/EU)
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Regulation (EC) No 882/2004 of the European Parliament and of the Council of 29 April 2004 on official controls performed to ensure the verification of compliance with feed and food law, animal health and animal welfare rules (1), and in particular Article 53 thereof,
   Whereas:

               (1)

               Article 53 of Regulation (EC) No 882/2004 empowers the Commission to recommend coordinated control plans where considered necessary, organised on an ad hoc basis, in particular with a view to establishing the prevalence of hazards in feed, food and animals.

               (2)

               Directive 2000/13/EC of the European Parliament and of the Council (2) sets out Union rules on food labelling applicable to all foods.

               (3)

               According to Directive 2000/13/EC, the labelling and methods used should not mislead the consumer, particularly as to the characteristics of the food, including its true nature and its identity. Furthermore, in the absence of specific Union or national rules, the name under which a food is sold should be the name customary in the Member State in which it is sold, or a description of the food which is clear enough to let the purchaser know its true nature.

               (4)

               All ingredients must be mentioned on the label of pre-packaged foodstuffs intended for the final consumer or mass caterers. In particular, foods containing meat as an ingredient, when intended for the final consumer or mass caterers, must also indicate the animal species from which the meat originates directly on the package or on a label attached thereto. If an ingredient is mentioned in the name of the food, its quantity expressed as a percentage must also be provided in the list of ingredients in order to avoid the consumer being misled as regards the identity and the composition of the food.

               (5)

               Regulation (EC) No 853/2004 of the European Parliament and of the Council (3) provides for additional labelling requirements applicable to specific foods of animal origin. In particular, it provides that packages intended for supply to the final consumer containing minced meat, amongst others, from solipeds are to bear a notice indicating that such products should be cooked before consumption, if, and to the extent that, national rules in the Member State in the territory of which the product is placed on the market so require.

               (6)

               Following official controls carried out since December 2012 in a number of Member States, the Commission was informed that certain pre-packaged products contained horse meat which was not declared in the list of ingredients appearing directly on the package or on a label attached thereto. Instead, the name of certain such foods and/or the accompanying list of ingredients misleadingly referred solely to the presence of beef.

               (7)

               In accordance with Article 17 of Regulation (EC) No 178/2002 of the European Parliament and the Council (4), food business operators at all stages of production, processing and distribution within the businesses under their control must ensure that foods satisfy the requirements of food law which are relevant to their activities and must verify that such requirements are met.

               (8)

               Commission Recommendation 2013/99/EU (5) recommended that Member States implement a coordinated control plan with a view to establishing the prevalence of fraudulent practices in the marketing of certain foods for a period of one month. The recommended coordinated control plan consisted of two actions. The first action consisted of appropriate controls carried out at retail level and at other establishments to determine whether pre-packaged food products and non-pre-packaged food products contained horse meat which was not properly labelled on the packaging or, in the case of non-pre-packaged foodstuffs, information relating to its presence was not made available to the consumer or mass caterers. The second action consisted of appropriate controls carried out in establishments handling horse meat destined for human consumption, including foods originating from third countries, for the detection of residues of phenylbutazone.

               (9)

               The results of the coordinated control plan confirmed recurrent non-compliance with legislation applicable to labelling of meat products in most Member States. It is therefore necessary to follow up the coordinated control plan with a second round of controls at retail level and other establishments, to determine whether the practices identified during the first coordinated control plan are still present.

               (10)

               On the other hand, official controls performed to verify the presence of residues of phenylbutazone showed no widespread recurrent non-compliance; it seems therefore not necessary, at this stage, to recommend a second set of coordinated controls on this matter.

               (11)

               During the first coordinated control plan, the European Union Reference Laboratory for Animal Proteins in Feedingstuffs provided advice on the use of methods to detect the presence of proteins of undeclared species in samples. There is still no validated method for this analysis, but following consultation with experts, the advice on the use of a harmonised protocol has been updated by the abovementioned laboratory and is made available on its website.

               (12)

               The Member States should communicate the methods used, the results of controls and the measures taken in case of positive findings to the Commission within a set time frame and in a harmonised format.

               (13)

               After consulting the Standing Committee on the Food Chain and Animal Health,

         HAS ADOPTED THIS RECOMMENDATION:

               1.

               Member States should implement a coordinated control plan for a period of 4 consecutive weeks within the timeframe 21 April to 16 June 2014, in accordance with Annex I to this Recommendation.

               2.

               Member States should report the results of the official controls carried out in accordance with point 1 and any relevant enforcement measures taken, by 22 July 2014 in the format given in Annex II to this Recommendation.

      Done at Brussels, 27 March 2014.

            For the Commission

         Tonio BORG

            Member of the Commission

      (1)  OJ L 165, 30.4.2004, p. 1.

      (2)  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 (OJ L 109, 6.5.2000, p. 29).

      (3)  Regulation (EC) No 853/2004 of the European Parliament and of the Council of 29 April 2004 laying down specific hygiene rules for food of animal origin (OJ L 139, 30.4.2004, p. 55).

      (4)  Regulation (EC) No 178/2002 of the European Parliament and 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 (OJ L 31 1.2.2002, p. 1).

      (5)  Commission Recommendation 2013/99/EU of 19 February 2013 on a coordinated control plan with a view to establish the prevalence of fraudulent practices in the marketing of certain foods (OJ L 48, 21.2.2013, p. 28).

      ANNEX I

         Second coordinated control plan with a view to establishing the prevalence of fraudulent practices in the marketing of certain foods

      ACTIONS AND SCOPE OF COORDINATED CONTROL PLAN
      A.   Product scope

                  1.

                  Foodstuffs marketed and/or labelled as containing beef (e.g. minced meat, meat preparations and meat products) as a dominant meat ingredient falling within the following categories:

                              (a)

                              Pre-packaged foodstuffs destined for the final consumer or mass caterers, which are labelled as containing beef as a dominant ingredient;

                              (b)

                              Foodstuffs offered for sale to the final consumer or to mass caterers without pre-packaging and foodstuffs packaged on sales premises at the consumer’s request or pre-packaged for direct sale, which are marketed and/or otherwise indicated as containing beef as a dominant ingredient in the meat fraction of the product.

                  2.

                  For the purpose of this coordinated control plan, the definition of ‘pre-packaged foodstuff’ in Article 1(3)(b) of Directive 2000/13/EC shall apply.

                  3.

                  For the purpose of this coordinated control plan, the definitions of ‘minced meat’, ‘meat preparations’ and ‘meat products’ in points 1.13, 1.15 and 7.1 of Annex I to Regulation (EC) No 853/2004 shall apply.

            B.   Objective
      Competent authorities should carry out official controls in order to establish whether the products referred to in point A contain horse meat which is not properly labelled on the packaging or, in the case of non-pre-packaged foodstuffs, whether information relating to its presence is not made available to the consumer or mass caterer, in accordance with Union and, where appropriate, national provisions.
      C.   Sampling points and procedure

                  1.

                  The sample should be representative of the products concerned in the Member State and covering a variety of products.

                  2.

                  The sampling of the products should be carried out at retail level (e.g. supermarkets, smaller retail shops and local butchers) and could also be extended to other establishments (e.g. cold stores).

            D.   Sample numbers and modalities
      The table below gives an overview on the indicative recommended number of samples to be taken within the period provided in point 1 of the Recommendation. The distribution of samples per Member State is based on population figures with a minimum of 10 samples of the products concerned per Member State per 30 days.

                  Foodstuffs marketed as containing beef

                  Country of sale

                  Recommended sample numbers

                  France, Germany, Italy, United Kingdom, Spain, Poland

                  150

                  Romania, Netherlands, Belgium, Greece, Portugal, Czech Republic, Hungary, Sweden, Austria, Bulgaria

                  100

                  Lithuania, Slovakia, Denmark, Ireland, Finland, Latvia, Croatia

                  50

                  Slovenia, Estonia, Cyprus, Luxembourg, Malta

                  10

            E.   Method
      The following protocol should be used:

                  1.

                  All samples should be submitted to an initial screening test aimed at detecting the presence of horsemeat in meat (as a ratio of mass fraction w/w) at the level of 0,5 % or above. The choice of screening method is up to the Member State.

                  2.

                  Only samples positive to the screening test under para 1 should be subject to a confirmatory test using RT-PCR and targeting mitochondrial DNA aimed at detecting the presence of horsemeat in meat (as a ratio of mass fraction w/w) at the level of 1 % or above. The method used for confirmation must be calibrated to a standardised control sample of fresh meat delivered from the European Union Reference Laboratory for Animal Proteins in Feedingstuffs.

                  3.

                  All confirmatory tests under para 2 in a Member State should be performed at a laboratory designated for that purpose by the Competent Authority. The designated laboratory may be in another Member State following an agreement with the Competent Authority in that Member State. The designated laboratory should as a minimum be ISO 17025 certified for comparable tests. The designated laboratory may also have taken part in the initial screening round.
                  The name and address of the designated laboratories taking part in the confirmatory testing should be transmitted to the European Union Reference Laboratory for Animal Proteins in Feedingstuffs who will publish this information on their website.
                  More detailed guidance on the confirmatory method is available on the website of the European Union Reference Laboratory for Animal Proteins in Feedingstuffs, at http://eurl.craw.eu/en/164/legal-sources-and-sops

      ANNEX II

         Report format for results referred to in point 2

                  Category of product

                  Number of samples

                  Test method used (type of test and brand name) in 1st round of screening

                  Number of positive results after 1st round of screening (=/> 0,5 %)

                  Test method used in confirmatory round

                  Number of positive results after 2nd round at designated laboratory (=/> 1 %)

                  Comments

                  Total number of samples

                  Total positive after 1st round of screening

                  Total positive after 2nd round confirmation at designated laboratory

         Report format for enforcement measures referred to in point 2

                  Number of positive findings where enforcement measures have been imposed to date

                  If possible, detail the most common enforcement measures used (maximum three bullet points)

                  Number of positive findings where no enforcement measures have been imposed to date

                  If possible, detail the most common reasons for no enforcement measures (maximum three bullet points)


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

text:
               29.7.2014

               EN

               Official Journal of the European Union

               C 247/57

         COUNCIL RECOMMENDATION
   of 8 July 2014
   on the National Reform Programme 2014 of Italy and delivering a Council opinion on the Stability Programme of Italy, 2014
   2014/C 247/11
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Articles 121(2) and 148(4) thereof,
   Having regard to Council Regulation (EC) No 1466/97 of 7 July 1997 on the strengthening of the surveillance of budgetary positions and the surveillance and coordination of economic policies (1), and in particular Article 5(2) thereof,
   Having regard to Regulation (EU) No 1176/2011 of the European Parliament and of the Council of 16 November 2011 on the prevention and correction of macroeconomic imbalances (2), and in particular Article 6(1) thereof
   Having regard to the recommendation of the European Commission,
   Having regard to the 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 Italy's National Reform Programme for 2013 and delivered its opinion on Italy's Stability Programme for 2012‐2017. On 15 November 2013, in line with Regulation (EU) No 473/2013 of the European Parliament and of the Council (5), the Commission presented its opinion on Italy's draft budgetary plan for 2014.

               (5)

               On 13 November 2013, the Commission adopted the Annual Growth Survey (6), 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 Italy 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 Italy, under Article 5 of Regulation (EU) No 1176/2011. The Commission's analysis leads it to conclude that Italy is experiencing excessive macroeconomic imbalances, which require specific monitoring and strong policy action. In particular, the persistently high level of the public debt coupled with weak external competitiveness on account of sluggish productivity growth, and further exacerbated by protracted dismal growth, warrant decisive policy action and attention.

               (8)

               On 22 April 2014, Italy submitted its 2014 National Reform Programme and its 2014 Stability 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 Stability Programme is the achievement of the medium-term objective of a balanced budgetary position in structural terms by 2016, while complying with the debt rule in the 2013-2015 transition period. The Stability Programme confirms the medium-term objective of a balanced budgetary position in structural terms, which reflects the requirements of the Stability and Growth Pact. The (recalculated) structural adjustment planned in the Stability Programme is 0,2 percentage points of GDP in 2014 and 0,4 percentage points in 2015. According to the Stability Programme, this limited adjustment towards the medium-term objective is justified by the severe economic conditions and the effort needed to implement an ambitious programme of structural reforms. In particular, several structural reforms are planned, which would have a positive impact on potential economic growth and eventually reduce the government debt‐to‐GDP ratio in the coming years. The structural adjustment planned in the Stability Programme would allow Italy to comply with the debt reduction benchmark over the 2013-2015 transition period, partly thanks to an ambitious privatisation plan to be implemented over 2014-2017 (amounting to 0,7 percentage points of GDP each year). The macroeconomic scenario underpinning the budgetary projections in the Stability Programme, which has not been endorsed by an independent body, is slightly optimistic, in particular for the later years of the Stability Programme.
               A deviation from the adjustment path towards the medium-term objective is planned in 2014; if repeated the following year, it could be assessed as significant, including on the basis of the expenditure benchmark. Moreover, the achievement of the budgetary targets is not fully supported by sufficiently detailed measures, in particular as of 2015. The Commission services 2014 spring forecast points to non-compliance with the debt reduction benchmark in 2014 as the projected structural adjustment (only 0,1 percentage points of GDP) falls short of the required structural adjustment of 0,7 percentage points of GDP. Based on the assessment of the Stability Programme and the Commission forecast pursuant to Regulation (EC) No 1466/97, the Council is of the opinion that additional efforts, including in 2014, are needed to be in compliance with the requirements of the Stability and Growth Pact.

               (10)

               Recent action to alleviate taxation on the factors of production has been somewhat limited. There is thus scope to further shift the tax burden towards consumption, property and the environment, in strict compliance with the budgetary targets. As regards consumption, improving the structure of the tax system also crucially requires a revision of VAT reduced rates and of direct tax expenditures, with due attention to the need to lessen possible distributional impact. As regards property, a revision of cadastral values in line with current market values would allow for fairer recurrent taxation on immovable property. A recently adopted enabling law for tax reform represents an opportunity to carry out such necessary reforms. Given the size of the challenge, action on the composition of the tax structure needs to be complemented by additional measures to improve tax administration and tax compliance and decisive measures to combat tax evasion, the shadow economy and undeclared work, which continue to weigh both on public finances and on the tax burden for compliant taxpayers. In this respect, the enabling law for tax reform foresees several measures to strengthen tax administration: a comprehensive estimation of and monitoring system for the tax gap, simplification measures, actions to improve the relationship with taxpayers, measures to improve local tax debt recovery and reinforcement of tax controls. The decision to introduce pre-filled tax returns as from 2015 is an additional positive step to enhance tax compliance.

               (11)

               Thorough and swift implementation of the measures adopted remains a key challenge for Italy, both in terms of addressing existing implementation gaps and preventing the accumulation of further delays. One of the key levers to improve the implementation performance of Italy, and more generally ensure smoother policy action, lies in enhanced coordination and a more efficient allocation of competences among the various levels of government. This could in turn be beneficial for the management of EU funds, where only partial and incomplete action has been undertaken so far, especially in southern regions. The management of EU funds also continues to suffer from deficient administrative capacity and lack of transparency, evaluation and quality control. The quality of public service would also gain from increased efficacy and service orientation, and corresponding changes in human resource management. Corruption continues to weigh significantly on Italy's productive system and on trust in the political and institutional landscape. There is a need to review the statute of limitations. An effective fight against corruption also requires adequate empowering of the National Anti-Corruption Authority for the Evaluation and Transparency of Public Administrations. Inefficiencies in civil justice persist and the impact of the measures adopted needs to be carefully monitored.

               (12)

               Drawing on the targeted asset quality review carried out last year under the patronage of the Bank of Italy, it remains important to improve the management of impaired assets and foster their disposal to revive banks' capacity to expand the supply of credit to the real economy. As regards access to finance, the main action taken so far has focused on easing firms' access to credit, but the development of funding instruments other than bank loans remains limited, especially for small and medium-sized enterprises. The initiatives taken in the field of banks' corporate governance – in particular the new principles issued recently by the Bank of Italy – are welcome. At the same time, their impact will depend on their proper implementation by the banks and enforcement. In particular, close monitoring of some of the largest cooperative banks (‘banche popolari’) remains warranted.

               (13)

               The labour market situation further deteriorated in 2013, with unemployment rising to 12,2 % and youth unemployment reaching 40 % in Italy. Ensuring proper implementation and careful monitoring of the effect of the labour market and wage-setting reforms adopted is key to guaranteeing that the expected benefits in terms of enhanced exit flexibility, better regulated entry flexibility, a more comprehensive system of unemployment benefits and better alignment of wages on productivity materialise. Plans for improving effectiveness of placement services through the reinforcement of public employment services have been subject to delays and need to be accelerated. Measures aimed at fostering job creation in the short term need to be complemented with measures addressing segmentation. Globally, the Italian labour market continues to be marked by segmentation and low participation, which affects women and young people in particular. Therefore, the limited steps taken so far need to be extended, including in line with the objectives of a youth guarantee. Italy is witnessing declining household disposable income combined with rising poverty and social exclusion, affecting families with children in particular. Social expenditure in Italy remains largely oriented towards the elderly and with little focus on activation, limiting the scope to address the risk of social exclusion and poverty. The recently introduced pilot social assistance scheme aims at providing a social safety net. Its envisaged extension to the whole country will require improving the effectiveness of social spending and services throughout the territory.

               (14)

               Efforts to upgrade educational performance and human capital endowment need to be made at all educational levels, i.e. primary, secondary and tertiary. The teaching profession is characterised by a single career pathway and currently offers limited prospects in terms of professional development. Diversifying teachers' careers and better linking their career trajectories to merit and performance, coupled with the generalisation of school evaluation, could translate into better school outcomes. To ensure a smooth transition between education and the labour market, strengthening and broadening practical training, through increased work-based learning and vocational education and training, appear crucial at the upper secondary and tertiary levels. Following the 2013 legislative decree on this issue, establishing a national register of qualifications is essential in order to ensure the nation‐wide recognition of skills. Building on initial action in this direction, bringing forward the allocation of public funding to universities and research institutes on the basis of research and teaching performance would have the merit of both contributing to upgrading the quality of universities and potentially increasing research and innovation capacity, where it is still lagging behind.

               (15)

               Some steps were made to achieve a more business- and citizen-friendly environment, but their impact is hampered by delays in their final approval and implementation gaps. There are still a number of bottlenecks to competition (reserved areas of activity, concessions/authorisation schemes, etc.) in professional services, insurance, fuel distribution, retail and postal services. A series of weaknesses affecting the public procurement system also need to be tackled. Enhancing competition in the area of local public services is another priority. In particular, it is necessary to implement the current legislation stipulating that existing contracts not complying with EU law on in-house criteria need to be rectified by 31 December 2014.

               (16)

               Infrastructure bottlenecks hamper the proper functioning of the energy market. In transport, the lack of intermodal infrastructure and the shortage of synergies and connections with the hinterland for Italian ports warrant particular attention and action. In terms of broadband coverage, Italy has underserved non-urban areas.

               (17)

               In the context of the European Semester, the Commission has carried out a comprehensive analysis of Italy's economic policy. It has assessed the National Reform Programme and the Stability Programme. It has taken into account not only their relevance for sustainable fiscal and socio-economic policy in Italy but also their compliance with EU rules and guidance, given the need to reinforce the overall economic governance of the Union by providing EU-level input into future national decisions. Its recommendations under the European Semester are reflected in recommendations (1) to (8) below.

               (18)

               In the light of this assessment, the Council has examined the Stability Programme, and its opinion (7) is reflected in particular in recommendation (1) below.

               (19)

               In the light of the Commission's in-depth review and this assessment, the Council has examined the National Reform Programme and the Stability Programme. Its recommendations under Article 6 of Regulation (EU) No 1176/2011 are reflected in recommendations (1) to (8) below.

               (20)

               In the context of the European Semester, the Commission has also carried out an analysis of the economic policy of the euro area as a whole. On this basis, the Council has issued specific recommendations addressed to the Member States whose currency is the euro (8). As a country whose currency is the euro, Italy should also ensure the full and timely implementation of those recommendations,

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

               1.

               Reinforce the budgetary measures for 2014 in the light of the emerging gap relative to the Stability and Growth Pact requirements, namely the debt reduction rule, based on the Commission services 2014 spring forecast and ensure progress towards the MTO. In 2015, significantly strengthen the budgetary strategy to ensure compliance with the debt reduction requirement and thus reaching the MTO. Thereafter, ensure that the general government debt is on a sufficiently downward path; carry out the ambitious privatisation plan; implement a growth-friendly fiscal adjustment based on the announced significant savings coming from a durable improvement of the efficiency and quality of public expenditure at all levels of government, while preserving growth-enhancing spending like R&D, innovation, education and essential infrastructure projects. Guarantee the independence and full operationalisation of the fiscal council as soon as possible and no later than September 2014, in time for the assessment of the 2015 Draft Budgetary Plan.

               2.

               Further shift the tax burden from productive factors to consumption, property and the environment, in compliance with the budgetary targets. To this end, evaluate the effectiveness of the recent reduction in the labour tax wedge and ensure its financing for 2015, review the scope of direct tax expenditures and broaden the tax base, in particular on consumption. Ensure more effective environmental taxation, including in the area of excise duties, and remove environmentally harmful subsidies. Implement the enabling law for tax reform by March 2015, including by adopting the decrees leading to the reform of the cadastral system to ensure the effectiveness of the reform of immovable property taxation. Further improve tax compliance by enhancing the predictability of the tax system, simplifying procedures, improving tax debt recovery and modernising tax administration. Pursue the fight against tax evasion and take additional steps against the shadow economy and undeclared work.

               3.

               As part of a wider effort to improve the efficiency of public administration, clarify competences at all levels of Government. Ensure better management of EU funds by taking decisive action to improve administrative capacity, transparency, evaluation and quality control both at national and regional level, especially in southern regions. Further enhance the effectiveness of anti-corruption measures, including by revising the statute of limitations by the end of 2014, and strengthening the powers of the national anti-corruption authority. Monitor in a timely manner the impact of the reforms adopted to increase the efficiency of civil justice with a view to securing their effectiveness and adopting complementary action if needed.

               4.

               Reinforce the resilience of the banking sector and ensure its capacity to manage and dispose of impaired assets to revive lending to the real economy. Foster non-bank access to finance for firms, especially small and medium-sized businesses. Continue to promote and monitor efficient corporate governance practices in the whole banking sector, with particular attention to large cooperative banks (‘banche popolari’) and the role of foundations, with a view to improving the effectiveness of financial intermediation.

               5.

               Evaluate, by the end of 2014, the impact of the labour market and wage-setting reforms on job creation, dismissals' procedures, labour market duality and cost competitiveness, and assess the need for additional action. Work towards a more comprehensive social protection for the unemployed, while limiting the use of wage supplementation schemes to facilitate labour re-allocation. Strengthen the link between active and passive labour market policies, starting with a detailed roadmap for action by December 2014, and reinforce the coordination and performance of public employment services across the country. Adopt effective action to promote female employment, by adopting measures to reduce fiscal disincentives for second earners by March 2015 and providing adequate care services. Provide adequate services across the country to non-registered young people and ensure stronger private sector commitment to offering quality apprenticeships and traineeships by the end of 2014, in line with the objectives of a youth guarantee. To address exposure to poverty and social exclusion, scale-up the new pilot social assistance scheme, in compliance with budgetary targets, guaranteeing appropriate targeting, strict conditionality and territorial uniformity, and strengthening the link with activation measures. Improve the effectiveness of family support schemes and quality services favouring low-income households with children.

               6.

               Implement the National System for Evaluation of Schools to improve school outcomes in turn and reduce rates of early school leaving. Increase the use of work-based learning in upper secondary vocational education and training and strengthen vocationally-oriented tertiary education. Create a national register of qualifications to ensure wide recognition of skills. Ensure that public funding better rewards the quality of higher education and research.

               7.

               Approve the pending legislation or other equivalent measures aimed at simplifying the regulatory environment for businesses and citizens and address implementation gaps in existing legislation. Foster market opening and remove remaining barriers to, and restrictions on, competition in the professional and local public services, insurance, fuel distribution, retail and postal services sectors. Enhance the efficiency of public procurement, especially by streamlining procedures including through the better use of e-procurement, rationalising the central purchasing bodies and securing the proper application of pre- and post-award rules. In local public services, rigorously implement the legislation providing for the rectification of contracts that do not comply with the requirements on in-house awards by 31 December 2014.

               8.

               Ensure swift and full operationalisation of the Transport Authority by September 2014. Approve the list of strategic infrastructure in the energy sector and enhance port management and connections with the hinterland.

      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. 42.

      (5)  Regulation (EU) No 473/2013 of the European Parliament and of the Council of 21 May 2013 on common provisions for monitoring and assessing draft budgetary plans and ensuring the correction of excessive deficit of the Member States in the euro area(OJ L 140, 27.5.2013, p.11).

      (6)  COM(2013) 800 final.

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

      (8)  See page 141 of the current Official Journal.


Important legal notice

|

52007SC0958

Recommendation from the Commission to the Council to authorise the Commission to begin negotiations on the Community’s participation in the work of the International Tax Dialogue  /* SEC/2007/0958 final */

	[pic] | COMMISSION OF THE EUROPEAN COMMUNITIES |Brussels, 11.7.2007SEC(2007) 958 finalRECOMMENDATION FROM THE COMMISSION TO THE COUNCILto authorise the Commission to begin negotiations on the Community’s participation in the work of the International Tax DialogueEXPLANATORY MEMORANDUMCONTEXT OF THE PROPOSAL |110 | Grounds for and objectives of the proposal The ITD is a de facto association between the OECD, the IMF and the World Bank. It has no rules of association or legal status and is currently governed by a written agreement signed by the representatives of the three participating organisations. The ITD aims to: - encourage real dialogue between the participating organisations and governments on tax matters, in order to provide all countries with information to consider in their deliberations on taxation policy and administration; - identify and share good tax practice; - coordinate tax-related activities currently under way to avoid duplication; - provide useful information for technical assistance in tax matters. Studies carried out by the ITD are published on its Internet website (http://www.itdweb.org/Pages/Home.aspx). The ITD also organises regular international conferences. The ITD is mainly funded from contributions from the participating organisations. The level of these contributions is currently set by unanimous decision of a steering group made up of representatives of the participating organisations. In recent years, the contribution from each of the participating organisations has been approximately €100 000. The ITD and its participating organisations have asked the Commission to become the fourth participating organisation. |120 | General context One of the Commission’s objectives is to facilitate worldwide coordination of taxation policy and administrative cooperation in tax matters. Given the globalisation of the economy and the increasingly international nature of trade, it seems ever more necessary to engage in dialogue with international organisations with a view to coordinating efforts to ensure that principles such as good governance and fiscal transparency are adhered to. The Commission wishes to engage in fully transparent dialogue with Member States. The ITD is the most important high-level world forum to discuss taxation policy and tax administration issues. Enhanced dialogue between tax authorities at world level and close cooperation in specific areas should enable the rules and administrative procedures to be followed by European economic operators in tax matters to be simplified and updated. Active participation of the European Union, represented by the Commission, in ITD discussions means that possibilities for cooperation to combat cross-border tax fraud worldwide can be looked into. Active participation of the European Union, represented by the Commission, in ITD discussions will also make it possible to analyse the efforts and experiences of third countries as part of the task of drawing up proposals to modernise the European VAT system. |139 | Existing provisions in the area of the proposal There are no existing provisions in the area of the proposal. |140 | Consistency with the other policies and objectives of the Union The Communication from the Commission to the Council, the European Parliament, the European Economic and Social Committee and the Committee of the Regions entitled “Governance in the European Consensus on Development – Towards a harmonised approach within the European Union” highlights the need to encourage good fiscal governance in developing countries. The objectives of the ITD are in line with this recommendation. The ITD commissions studies and organises conferences on a wide range of tax-related subjects, most of which are very close to the areas in which the European Union is active. Participation in the ITD will also enable synergies to be brought into play. International coordination of fiscal policy and fiscal administrative practice is necessary for the proper functioning of the internal market. The studies carried out by the International Tax Dialogue benefit developing countries with a view to encouraging good fiscal governance rules in accordance with the Community’s development policy and, particularly, the recommendations made by the Commission in its Communication to the Council, the European Parliament, the European Economic and Social Committee and the Committee of the Regions entitled “Governance in the European Consensus on Development – Towards a harmonised approach within the European Union”[1]. |CONSULTATION OF INTERESTED PARTIES AND IMPACT ASSESSMENT |Consultation of interested parties |219 | There are no other interested parties than the Member States and the international organisations participating in the ITD. |Collection and use of expertise |229 | No recourse to external expertise has been necessary. |230 | Impact assessment An operating subsidy for the ITD has been considered. This option has, however, been ruled out as it would not enable the European Union to have an active role in defining the ITD’s objectives and working plan. The preferred option is an agreement between the European Union and the ITD’s partner organisations. This will give the Commission a place in the ITD’s steering group and enable it to contribute to defining the ITD’s work programme and priorities. |LEGAL ELEMENTS OF THE PROPOSAL |305 | Summary of the proposed action This Commission Recommendation invites the Council to mandate the Commission to begin negotiations with a view to signing a partnership agreement with the ITD. |310 | Legal basis Article 181(a) of the Treaty Establishing the European Community. |320 | Subsidiarity principle The principle of subsidiarity applies insofar as the proposal does not concern an area in which the Community has exclusive competence. |The objectives of the proposal cannot be achieved to a sufficient extent by the action of Member States for the following reasons. |321 | Only international organisations may be partners of the ITD. States may also be members but may not participate in the steering group. |323 | States may not become ITD partners. |The aims of the proposal can be better achieved through Community action for the following reasons. |324 | European Union participation in the ITD will enable a coordinated approach to be found and will give the European Union influence as regards the ITD’s work programme. |327 | Member States may become ITD members and have access to the findings of ITD studies, but will not have any involvement in defining the work programme. |The proposal therefore complies with the subsidiarity principle. |Proportionality principle The proposal complies with the proportionality principle for the following reasons. |331 | Signing an agreement with ITD partners on behalf of the European Union will bring about full transparency as regards the Member States. |332 | Commission participation in the work of the ITD on behalf of the European Union will enable the financial implications of such participation to be kept to a minimum. |Choice of instruments |341 | Proposed instruments: Recommendation. |342 | Other instruments would not have been appropriate for the following reasons. An agreement between the Commission and the other partner organisations of the ITD could have been concluded without involving the Member States, but this would not have given the European Union the necessary level of involvement in the ITD’s work. |BUDGETARY IMPLICATIONS |401 | At this stage this Recommendation does not have any budgetary implications; if, however, the Council subsequently mandates the Commission to become an ITD partner, this will involve an annual financial contribution of €130 000 for the next five years. |ADDITIONAL INFORMATION |Review/revision/sunset clause |531 | The proposal includes a review clause. |1.  RECOMMENDATION FROM THE COMMISSION TO THE COUNCILto authorise the Commission to begin negotiations on the Community’s participation in the work of the International Tax DialogueTHE COMMISSION OF THE EUROPEAN COMMUNITIES,HEREBY RECOMMENDS:THAT THE COUNCIL AUTHORISE THE COMMISSION TO NEGOTIATE THE COMMUNITY’S PARTICIPATION IN THE WORK OF THE INTERNATIONAL TAX DIALOGUE;that the Council, given that the Commission will be conducting these negotiations on behalf of the Community in accordance with the Treaty, appoint an ad hoc committee to assist the Commission in this task.ANNEXLetter dated 19 April 2007 from Mr Danny Leipziger, Vice-President of the World Bank to Commission Kovács inviting the European Union to join the International Tax Dialogue.[pic][pic][1] COM(2006) 421 final.


title: Recommendation of the European Parliament and of the Council of 18 June 2009 on the establishment of a European Credit System for Vocational Education and Training (ECVET) (Text with EEA relevance)

text:
               8.7.2009

               EN

               Official Journal of the European Union

               C 155/11

      RECOMMENDATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

   of 18 June 2009
   on the establishment of a European Credit System for Vocational Education and Training (ECVET)
   (Text with EEA relevance)
   2009/C 155/02
   THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular Article 149(4) and Article 150(4) thereof,
   Having regard to the proposal from the Commission,
   Having regard to the opinion of the European Economic and Social Committee (1),
   Having regard to the opinion of the Committee of the Regions (2),
   Acting in accordance with the procedure laid down in Article 251 of the Treaty (3),
   Whereas:

               (1)

               The development and recognition of citizens′ knowledge, skills and competence are crucial for their personal and professional development and for competitiveness, employment and social cohesion in the Community. In this respect, they should facilitate transnational mobility for workers and learners and contribute towards meeting the requirements of supply and demand in the European labour market. Participation in borderless lifelong learning for all, and transfer, recognition and accumulation of individuals′ learning outcomes achieved in formal, non-formal and informal contexts, should therefore be promoted and improved at the Community level.

               (2)

               The Lisbon European Council in 2000 concluded that increased transparency of qualifications should be one of the main components necessary to adapt education and training systems in the Community to the demands of the knowledge society. Furthermore, the Barcelona European Council in 2002 emphasised the importance of improving transparency and recognition methods in the area of vocational education and training (‘VET’).

               (3)

               VET schemes, one of the main areas of lifelong learning, are directly linked to general and higher education, and to the employment and social policies of each Member State. Through their cross-sectoral impact, they promote not only the competitiveness of the European economy and fulfilment of the needs of the labour market but also social cohesion, equality and the participation and involvement of citizens.

               (4)

               Council Resolution of 19 December 2002 on the promotion of enhanced European cooperation in vocational education and training (4) (‘the Copenhagen process’), and the 2004 joint interim report of the Council and the Commission on the implementation of the Education and Training 2010 work programme (5), stress the importance of a credit transfer system for vocational education and training, while the 2008 joint progress report of the Council and the Commission (6) stresses the need to step up efforts to improve the quality and attractiveness of VET.

               (5)

               The Conclusions of the Council and the Representatives of the Governments of the Member States meeting within the Council of 15 November 2004 on the Future priorities of enhanced European Cooperation in Vocational Education and Training gave priority to the development and implementation of a European credit transfer system for VET in order to allow learners to build upon the achievements resulting from their learning pathways when moving between vocational training systems.

               (6)

               The purpose of this Recommendation is to create a European Credit System for Vocational Education and Training (‘ECVET’) intended to facilitate the transfer, recognition and accumulation of assessed learning outcomes of individuals who are aiming to achieve a qualification. This will improve the general understanding of citizens′ learning outcomes and their transparency, transnational mobility and portability across and, where appropriate, within Member States in a borderless lifelong learning area, and will also improve the mobility and portability of qualifications at national level between various sectors of the economy and within the labour market; furthermore, it will contribute to the development and expansion of European cooperation in education and training.

               (7)

               ECVET should be based on the principles and technical specifications set out in Annex II. Furthermore, it should be underpinned by the common principles for quality assurance set out in the Council conclusions of 28 May 2004 on Quality Assurance in Vocational Education and Training and the Recommendation of the European Parliament and of the Council of 18 June 2009 on the establishment of a European Quality Assurance Reference Framework for Vocational Education and Training (7).

               (8)

               ECVET is applicable for all learning outcomes which should in principle be achievable through a variety of education and learning paths at all levels of the European Qualifications Framework for lifelong learning (‘EQF’), and then be transferred and recognised. This Recommendation therefore contributes to the wider objectives of promoting lifelong learning and increasing the employability, openness to mobility and social inclusion of workers and learners. It particularly facilitates the development of flexible and individualised pathways and also the recognition of those learning outcomes which are acquired through non-formal and informal learning.

               (9)

               Transparent quality assurance principles, exchange of information and development of partnerships between institutions competent for qualifications, VET providers and other relevant stakeholders should help to build mutual trust and should facilitate the implementation of this Recommendation.

               (10)

               This Recommendation should facilitate the compatibility, comparability and complementarity of credit systems used in VET and the European Credit Transfer and Accumulation System (‘ECTS’), which is used in the higher education sector, and thus should contribute to greater permeability between levels of education and training, in accordance with national legislation and practice.

               (11)

               The validation of assessed non-formal and informal learning outcomes should be promoted in accordance with the Council conclusions of 28 May 2004 on common European principles for the identification and validation of non-formal and informal learning.

               (12)

               This Recommendation complements the Recommendation of the European Parliament and of the Council of 23 April 2008 on the establishment of the European Qualifications Framework for lifelong learning (8) which recommends that Member States promote close links between the EQF and existing or future European systems for credit transfer and accumulation in higher education and VET. While the main objective of the EQF is to increase the transparency, comparability and portability of acquired qualifications, ECVET is aimed at facilitating the transfer, recognition and accumulation of learning outcomes of individuals on their way to achieving a qualification.

               (13)

               This Recommendation takes into account Decision No 2241/2004/EC of the European Parliament and of the Council of 15 December 2004 on a single Community framework for the transparency of qualifications and competences (Europass) (9) and Recommendation of the European Parliament and of the Council of 18 December 2006 on trans-national mobility within the Community for education and training purposes: European Quality Charter for Mobility (10).

               (14)

               This Recommendation should facilitate the involvement of competent local and regional authorities in the exercise of linking national or other qualifications frameworks and systems to ECVET, where appropriate.

               (15)

               This Recommendation should be without prejudice to Directive 2005/36/EC of the European Parliament and of the Council of 7 September 2005 on the recognition of professional qualifications (11) which confers rights and obligations on both the relevant national authority and the migrant. Using ECVET should not affect access to the labour market, where professional qualifications have been recognised in accordance with Directive 2005/36/EC. Moreover, ECVET does not imply any new entitlement for citizens to obtain the automatic recognition of either learning outcomes or points.

               (16)

               The introduction and implementation of ECVET is voluntary, pursuant to Articles 149 and 150 of the Treaty, and can therefore be undertaken only in accordance with existing national laws and regulations.

               (17)

               Since the objectives of this Recommendation, namely to support and complement the activities of Member States, to facilitate cooperation between them, to increase transparency and promote mobility and lifelong learning, cannot be sufficiently achieved by the Member States and can therefore, by reason of the scale or effects, be better achieved at Community level, the Community may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. In accordance with the principle of proportionality, as set out in that Article, this Recommendation does not go beyond what is necessary in order to achieve those objectives, insofar as it does not replace or define national qualifications systems, qualifications or national credit systems, does not prescribe specific learning outcomes or an individual's competences, and does not aim at or require either the fragmentation or the harmonisation of qualifications systems,

         HEREBY RECOMMEND THAT MEMBER STATES:

               1.

               promote the European Credit system for Vocational Education and Training (‘ECVET’) as set out in Annexes I and II at all levels of the EQF with reference to VET qualifications, in order to facilitate trans-national mobility and the recognition of learning outcomes in VET and borderless lifelong learning;

               2.

               create the necessary conditions and adopt measures, as appropriate, so that as from 2012 – in accordance with national legislation and practice, and on the basis of trials and testing – it is possible for ECVET to be gradually applied to VET qualifications at all levels of the EQF, and used for the purpose of the transfer, recognition and accumulation of individuals′ learning outcomes achieved in formal and, where appropriate, non-formal and informal contexts;

               3.

               support the development of national and European partnerships and networks involving institutions and authorities responsible for qualifications and diplomas, VET providers, social partners and other relevant stakeholders dedicated to trialling, implementing and promoting ECVET;

               4.

               ensure that stakeholders and individuals in the area of VET have access to information and guidance for using ECVET, whilst facilitating the exchange of information between the Member States. Furthermore, ensure that the application of ECVET to qualifications is properly publicised by the competent authorities and that associated ‘Europass’ documents issued by the competent authorities contain explicit relevant information;

               5.

               apply, in accordance with national legislation and practice, the common principles for quality assurance in VET set out in the Council conclusions of 28 May 2004 on Quality Assurance in Vocational Education and Training when using ECVET, particularly in relation to the assessment, validation and recognition of learning outcomes;

               6.

               ensure that there are functioning coordination and monitoring mechanisms at the appropriate levels, in accordance with the legislation, structures and requirements of each Member State, in order to guarantee the quality, transparency and consistency of the initiatives taken to implement ECVET.

         ENDORSE THE COMMISSION'S INTENTION TO:

               1.

               support Member States in carrying out the tasks referred to in points 1 to 6 and in using the principles and technical specifications of ECVET as set out in Annex II, in particular by facilitating testing, cooperation, mutual learning, promotion, and the launching of information and consultation exercises, whilst ensuring access to the guidance material for all interested citizens;

               2.

               develop users′ guides and tools, and adapt relevant Europass documents, in collaboration with Member States, national and European experts and users; develop expertise for enhancing the compatibility and complementarity of ECVET and ECTS used in the higher education sector, in collaboration with VET and higher education experts and users at European and national levels; and provide regular information on the developments of ECVET;

               3.

               promote, and participate together with the Member States in, a European ECVET network involving relevant VET stakeholders and national competent institutions for the purpose of disseminating and supporting ECVET within Member States and establishing a sustainable platform for the exchange of information and experience between Member States; establish, from within this network, an ECVET users′ group in order to contribute to the updating of the users′ guide and to the quality and overall coherence of the cooperation process for the implementation of ECVET;

               4.

               monitor and follow up the action taken, including the results of trials and testing, and, after the assessment and evaluation of this action carried out in cooperation with the Member States, report, by 18 June 2014, to the European Parliament and the Council on the experience gained and implications for the future, including, if necessary, a review and adaptation of this Recommendation, involving the updating of the Annexes and guidance material, in cooperation with the Member States.

      Done at Brussels, 18 June 2009.

            For the European Parliament

            The President

         H.-G. PÖTTERING

            For the Council

            The President

         Štefan FÜLE

      (1)  OJ C 100, 30.4.2009, p. 140.

      (2)  OJ C 325, 19.12.2008, p. 48.

      (3)  Position of the European Parliament of 18 December 2008 (not yet published in the Official Journal) and Council Decision of 11 May 2009.

      (4)  OJ C 13, 18.1.2003, p. 2.

      (5)  OJ C 104, 30.4.2004, p. 1.

      (6)  OJ C 86, 5.4.2008, p. 1.

      (7)  See page 1 of this Official Journal.

      (8)  OJ C 111, 6.5.2008, p. 1.

      (9)  OJ L 390, 31.12.2004, p. 6.

      (10)  OJ L 394, 30.12.2006, p. 5.

      (11)  OJ L 255, 30.9.2005, p. 22.

      ANNEX I

         DEFINITIONS

      For the purposes of this recommendation, the following definitions shall apply:

                  (a)

                  ‘Qualification’ means a formal outcome of an assessment and validation process which is obtained when a competent institution determines that an individual has achieved learning outcomes to given standards;

                  (b)

                  ‘Learning outcomes’ means statements of what a learner knows, understands and is able to do on completion of a learning process and which are defined in terms of knowledge, skills and competence;

                  (c)

                  ‘Unit of learning outcomes’ (unit) means a component of a qualification, consisting of a coherent set of knowledge, skills and competence, that can be assessed and validated;

                  (d)

                  ‘Credit for learning outcomes’ (credit) means a set of learning outcomes of an individual which have been assessed and which can be accumulated towards a qualification or transferred to other learning programmes or qualifications;

                  (e)

                  ‘Competent institution’ means an institution which is responsible for designing and awarding qualifications or recognising units or other functions linked to ECVET, such as allocation of ECVET points to qualifications and units, assessment, validation and recognition of learning outcomes, under the rules and practices of participating countries;

                  (f)

                  ‘Assessment of learning outcomes’ means methods and processes used to establish the extent to which a learner has in fact attained particular knowledge, skills and competence;

                  (g)

                  ‘Validation of learning outcomes’ means the process of confirming that certain assessed learning outcomes achieved by a learner correspond to specific outcomes which may be required for a unit or a qualification;

                  (h)

                  ‘Recognition of learning outcomes’ means the process of attesting officially achieved learning outcomes through the awarding of units or qualifications;

                  (i)

                  ‘ECVET points’ means a numerical representation of the overall weight of learning outcomes in a qualification and of the relative weight of units in relation to the qualification.

      ANNEX II

         ECVET — PRINCIPLES AND TECHNICAL SPECIFICATIONS

      ECVET is a technical framework for the transfer, recognition and, where appropriate, accumulation of individuals’ learning outcomes with a view to achieving a qualification. ECVET tools and methodology comprise the description of qualifications in terms of units of learning outcomes with associated points, a transfer and accumulation process and complementary documents such as learning agreements, transcripts of records and ECVET users’ guides.
      ECVET is intended to facilitate the recognition of learning outcomes in accordance with national legislation, in the framework of mobility, for the purpose of achieving a qualification. It should be noted that ECVET does not imply any new entitlement for citizens to obtain the automatic recognition of either learning outcomes or points. Its application for a given qualification is in accordance with the legislation, rules and regulations applicable in the Member States and is based on the following principles and technical specifications:
      1.   Units of learning outcomes

      A unit is a component of a qualification, consisting of a coherent set of knowledge, skills and competence that can be assessed and validated with a number of associated ECVET points. A qualification comprises in principle several units and is made up of the whole set of units. Thus, a learner can achieve a qualification by accumulating the required units, achieved in different countries and different contexts (formal and, where appropriate, non-formal and informal), while respecting national legislation relating to the accumulation of units and the recognition of learning outcomes.
      The units that make up a qualification should be:

                  —

                  described in legible and understandable terms by referring to the knowledge, skills and competences contained in them,

                  —

                  constructed and organised in a coherent way with regard to the overall qualification,

                  —

                  constructed in a way that enables discrete assessment and validation of learning outcomes contained in the unit.

            A unit may be specific to a single qualification or common to several qualifications. The expected learning outcomes defining a unit may be achieved irrespective of where or how these have been achieved. Thus, a unit is not to be confused with a component of a formal learning programme or training provision.
      The rules and procedures for defining characteristics of units of learning outcomes and for combining and accumulating units for a given qualification are defined by competent institutions and partners involved in the training process according to the national or regional rules.
      The specifications for a unit should include:

                  —

                  the generic title of the unit,

                  —

                  the generic title of the qualification (or qualifications) to which the unit relates, where applicable,

                  —

                  the reference of the qualification according to the EQF level and, where appropriate, the national qualifications framework (NQF) level, with the ECVET credit points associated with the qualification,

                  —

                  the learning outcomes contained in the unit,

                  —

                  the procedures and criteria for assessment of these learning outcomes,

                  —

                  the ECVET points associated with the unit,

                  —

                  the validity in time of the unit, where relevant.

            2.   Transfer and Accumulation of learning outcomes, ECVET partnerships

      In ECVET, units of learning outcomes achieved in one setting are assessed and then, after successful assessment, transferred to another setting. In this second context, they are validated and recognised by the competent institution as part of the requirements for the qualification that the person is aiming to achieve. Units of learning outcomes can then be accumulated towards this qualification, in accordance with national or regional rules. Procedures and guidelines for the assessment, validation, accumulation and recognition of units of learning outcomes are designed by the relevant competent institutions and partners involved in the training process.
      Credit transfer based on ECVET and applied to learning outcomes achieved in formal learning contexts should be facilitated by establishing partnerships and networks involving competent institutions, each of which is empowered, in their own setting, to award qualifications or units or to give credit for achieved learning outcomes for transfer and validation.
      The establishment of partnerships aims to:

                  —

                  provide a general framework of cooperation and networking between the partners, set out in Memoranda of Understanding (MoU) through which a climate of mutual trust is established,

                  —

                  assist the partners in the design of specific arrangements for credit transfer for learners.

            The MoU should confirm that the partners:

                  —

                  accept each other's status as competent institutions,

                  —

                  accept each other's quality assurance, assessment, validation and recognition criteria and procedures as satisfactory for the purposes of credit transfer,

                  —

                  agree the conditions for the operation of the partnership, such as objectives, duration and arrangements for review of the MoU,

                  —

                  agree on the comparability of qualifications concerned for the purposes of credit transfer, using the reference levels established by EQF,

                  —

                  identify other actors and competent institutions that may be involved in the process concerned and their functions.

            For applying ECVET to learning outcomes achieved in a non-formal and informal learning context or outside the framework of an MoU, the competent institution which is empowered to award qualifications or units or to give credit should establish procedures and mechanisms for the identification, validation and recognition of these learning outcomes through the award of the corresponding units and the associated ECVET points.
      3.   Learning agreement and personal transcript

      For applying credit transfer involving two partners and a specific mobile learner, a learning agreement is concluded by the two competent institutions involved in the training and validation process and the learner, in the framework of an MoU. It should:

                  —

                  distinguish between competent ‘home’ and ‘hosting’ institutions (1),

                  —

                  specify the particular conditions for a period of mobility, such as the identity of the learner, the duration of the mobility period, learning outcomes expected to be achieved and the associated ECVET points.

            The learning agreement should lay down that, if the learner has achieved the expected learning outcomes and these have been positively assessed by the ‘hosting’ institution, the ‘home’ institution should validate and recognise them as part of the requirements for a qualification, according to the rules and procedures established by the competent institution.
      Transfer between partners can apply to learning outcomes achieved in formal and, where appropriate, non-formal and informal contexts. Thus, the transfer of credit for achieved learning outcomes has three stages:

                  —

                  the ‘hosting’ institution assesses the learning outcomes achieved and awards credit to the learner; the learning outcomes achieved and the corresponding ECVET points are recorded in a learner's ‘personal transcript’ (2),

                  —

                  the ‘home’ institution validates the credit as a suitable record of the learner's achievement,

                  —

                  the ‘home’ institution then recognises the learning outcomes that have been acquired; this recognition gives rise to the award of the units and their corresponding ECVET points, according to the rules of the ‘home’ system.

            Validation and recognition by the competent ‘home’ institution depend on the successful assessment of learning outcomes by the competent ‘hosting’ institution, in accordance with the agreed procedures and quality assurance criteria.
      4.   ECVET points

      ECVET points provide complementary information about qualifications and units in numerical form. They have no value independent of the acquired learning outcomes for the particular qualification to which they refer and they reflect the achievement and accumulation of units. To enable a common approach for the use of ECVET points, a convention is used according to which 60 points are allocated to the learning outcomes expected to be achieved in a year of formal full time VET.
      In ECVET the allocation of points usually has two phases: ECVET points are allocated first to a qualification as a whole and then to its units. For a given qualification, one formal learning context is taken as a reference and, on the basis of the convention the total number of points is assigned for that qualification. From this total, ECVET points are then allocated to each unit according to their relative weight within the qualification.
      For qualifications which do not have a formal learning pathway reference, ECVET credit points can be allocated through estimation by comparison with another qualification which has a formal reference context. To establish the comparability of the qualifications, the competent institution should refer to the equivalent EQF level or, possibly, NQF level, or to the similarity of the learning outcomes in a closely related professional field.
      The relative weight of a unit of learning outcomes, with regard to the qualification, should be established according to the following criteria or to a combination thereof:

                  —

                  the relative importance of the learning outcomes which constitute the unit for labour market participation, for progression to other qualification levels or for social integration,

                  —

                  the complexity, scope and volume of learning outcomes in the unit,

                  —

                  the effort necessary for a learner to acquire the knowledge, skills and competence required for the unit.

            The relative weight of any given unit common to several qualifications, as expressed in ECVET points, may vary from one of these qualifications to another.
      Allocations of ECVET points are normally part of the design of qualifications and units. They are produced by the competent institution responsible for the design and maintenance of the qualification or specifically empowered for this task. In countries where there is already a national system of points, the relevant competent institutions establish arrangements for the conversion of national credit points to ECVET points.
      The successful achievement of a qualification or of a unit triggers the award of the associated ECVET points, independently of the actual time required to achieve them.
      Usually the transfer of a unit entails the transfer of the corresponding ECVET points so that they are included when the transferred learning outcomes are recognised, in accordance with national or regional rules. It is up to the competent institution to reconsider, where necessary, the ECVET points to be taken into account, as long as the rules and methodologies which are laid down for this purpose are transparent and underpinned by quality assurance principles.
      Any qualification acquired through non-formal or informal learning for which a formal learning pathway reference can be identified, and the corresponding units, carry the same ECVET points as the reference, since the same learning outcomes are being achieved.

         (1)  The ‘home’ institution is the institution which will validate and recognise learning outcomes achieved by the learner. The ‘hosting’ institution is the one that delivers training for the learning outcomes concerned and assesses the achieved learning outcomes.

         (2)  A personal transcript is a document which details the learners’ assessed learning outcomes, units and ECVET points awarded.


Avis juridique important

|

32001H0207

Council Recommendation of 12 March 2001 concerning the discharge to be given to the Commission in respect of the implementation of the operations of the European Development Fund (1995) (Eighth EDF) for the financial year 1999

Official Journal L 073 , 15/03/2001 P. 0037 - 0037

Council Recommendationof 12 March 2001concerning the discharge to be given to the Commission in respect of the implementation of the operations of the European Development Fund (1995) (Eighth EDF) for the financial year 1999(2001/207/EC)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community,Having regard to the Fourth ACP-EC Convention, signed at Lomé on 15 December 1989, as amended by the Agreement signed at Mauritius on 4 November 1995,Having regard to Council Decision 91/482/EEC of 25 July 1991 on the association of the overseas countries and territories with the European Economic Community(1), as revised in the interim by Decision 97/803/EC(2),Having regard to the Internal Agreement on the financing and administration of Community aid(3), signed in Brussels on 20 December 1995, and in particular Article 33(3) thereof,Having regard to the Financial Regulation of 16 June 1998 applicable to the Eighth European Development Fund(4), and in particular Articles 69 to 74 thereof,Having examined the revenue and expenditure account and the balance sheet relating to the operations of the European Development Fund (1995) (Eighth EDF) as at 31 December 1999 and the Court of Auditors' report relating to the financial year 1999 together with the Commission's replies(5),Whereas:Pursuant to Article 33(3) of the Internal Agreement, the discharge for the management of the European Development Fund (1995) (Eighth EDF) must be given to the Commission by the European Parliament on a recommendation from the Council.The overall implementation by the Commission of the operations of the European Development Fund (1995) (Eighth EDF) during the financial year 1999 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 (1995) (Eighth EDF) for the financial year 1999.Done at Brussels, 12 March 2001.For the CouncilThe PresidentB. Ringholm(1) OJ L 263, 19.9.1991, p. 1.(2) OJ L 329, 29.11.1997, p. 50.(3) OJ L 156, 29.5.1998, p. 108 and Corrigendum OJ L 173, 18.6.1998, p. 54.(4) OJ L 191, 7.7.1998, p. 53.(5) OJ C 342, 1.12.2000, p. 205.


Recommendation for a Council opinion in accordance with the third paragraph of Art. 5 of Council Regulation (EC) No 1466/97 of 7 July 1997 on the updated stability programme of France, 2005-2009


Avis juridique important

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31987H0390

87/390/EEC: Commission Recommendation of 3 July 1987 to the French Republic concerning the adjustment of the State monopoly of a commercial character in manufactured tobacco vis-à-vis the new Member States (Only the French text is authentic)

Official Journal L 203 , 24/07/1987 P. 0058 - 0059

*****COMMISSION  RECOMMENDATION  of 3 July 1987  to the French Republic concerning the adjustment of the State monopoly of a commercial character in manufactured tobacco vis-à-vis the new Member States  (Only the French text is authentic)  (87/390/EEC)  1. By letter dated 1 April 1986, the French Government informed the Commission that, in the case of manufactured tobacco falling within CCT heading No 24.02 A, B, C and D, it was still applying its import monopoly within the meaning of Article 37 (1) of the EEC Treaty vis-à-vis the new Member States.  Under Law No 80/495 of 2 July 1980, the 'Société nationale d'exploitation industrielle des tabacs et des allumettes' (SEITA) was required to carry out the tasks previously performed by the 'Service d'exploitation industrielle des tabacs et des allumettes' pursuant to Law No 76/448 of 24 May 1976 with regard to the manufacture and retailing of manufactured tobacco and the importation and wholesale distribution of manufactured tobacco originating in or coming from third countries.  Though Article 2 of the Law of 24 May 1976 gives the French State the exclusive right to import and distribute to wholesalers manufactured tobacco originating in or coming from third countries, it is no longer applicable where such products come from the other Member States of the Community.  2. The first subparagraph of Articles 48 (1) and 208 (1) of the Act of Accession provides that Spain and Portugal shall, form 1 January 1986, progressively adjust their State monopolies of a commercial character within the meaning of Article 37 (1) of the EEC Treaty so as to ensure that, by 31 December 1991 in the case of Spain and 31 December 1992 in the case of Portugal, no discrimination regarding the conditions under which goods are procured and marketed exists between nationals of the Member States.  The second subparagraph of Articles 48 (1) and 208 (1) stipulates that the other Member States shall have obligations in relation to Spain and Portugal equivalent to those laid down in the first subparagraph for the two new Member States.  The third subparagraph of Articles 48 (1) and 208 (1) provides that the Commission shall make recommendations to the relevant Member States of the Community of Ten as to the manner in which and the timetable according to which the adjustment provided for in those Articles must be carried out.  3. Of the new Member States, only Spain applies a monopoly of a commercial character in manufactured tobacco. Article 48 (3) of the Act of Accession lays down detailed rules for the adjustment of the monopoly, through the gradual opening of import quotas as from 1 January 1986. The quota volumes for 1986 and the increases to be made in them in subsequent years were set out in the list appearing in Annex V.  The French Government has not yet taken any measures to liberalize imports of manufactured tobacco from the new Member States.  There was virtually no trade in manufactured tobacco products between France and the new Member States during the five years prior to accession, as the statistics provided by the French Government on 18 July 1986 show.  4. The Commission considers that, in carrying out the adjustment provided for in Articles 48 and 208 of the Act of Accession, the restrictions on imports of manufactured tobacco from Spain and Portugal must be gradually removed by immediately opening quotas and increasing them annually so as to ensure that the French monopoly is completely dismantled by 31 December 1991 in the case of Spain and 31 December 1992 in the case of Portugal.  In view of the very low level of trade in manufactured tobacco between France and Spain, the Commission believes that the initial level of the quota to be opened by France for such products can be set at a percentage of the national production of manufactured tobacco in the country holding the monopoly.  Since, as stipulated in Articles 48 (1) and 208 (1) of the Act of Accession, the Member States of the Community of Ten must have equivalent obligations to those laid down for Spain and Portugal, the Commission considers it reasonable to base the adjustment of the French monopoly on the criteria applied to Spain, pursuant to Article 48 (3) of the Act of Accession and Annex V thereto, as regards the gradual adjustment of its monopoly in manufactured tobacco. It was decided in this respect that Spain's basic quota volumes must be at least equivalent to certain percentages (5 % or 6 % depending on the product) of Spain's total average production during the last three years prior to accession for which statistics were available.  In addition, there was to be a gradual annual increase of at least 20 % in the quotas at the beginning of each year, with the previous years quota being automatically increased by 20 %.  5. Since the production of manufactured tobacco in France is roughly the same as the combined production of the two new Member States, and since the same applies to the populations of the three countries, the Commission considers that the initial quota which France has been required to open as from 1 January 1986 vis-à-vis the new Member States should be set at 5,5 % of its production.  The Commission also considers that the quota to be opened by France should be allocated between Spain and Portugal on the basis of their respective levels of production. According to the Commission's information, average production over the last three years (1983 to 1985) was 58 000 million cigarettes in Spain and 14 000 million in Portugal.  The Commission is therefore of the opinion that France should allocate 80 % of the quota to Spain and 20 % to Portugal.  So as to facilitate administration of the quota, the Commission considers that, even though the transitional period for Portugal is one year longer than that for Spain, it is reasonable not to treat the two new Member States differently at least until 1991.  6. For these reasons, and subject to the position the Commission my subsequently adopt in the light of the results of applying this Recommendation, the Commission hereby recommends to the French Republic, pursuant to the third subparagraph of Articles 48 (1) and 208 (1) of the Act of Accession:  (a) that it should open, for imports of manufactured tobacco falling within CCT heading No 24.02 A, B, C and D from Spain and Portugal:  - in respect of each product and for the remaining period of 1987, a quota equal to not less than 6,6 % of national production in 1985, 80 % of the quota being allocated to Spain and 20 % to Portugal,  - the 1987 quotas should be increased by at least 20 % in 1988,  - the previous year's quotas should be increased by at least 20 % in the years thereafter.  It is understood that, by 31 December 1991 in the case of Spain and 31 December 1992 in the case of Portugal, all quantitative restrictions will have been removed.  The quotas should be administered in a transparent, objective and non-discriminatory manner. They should be opened for all operators without restriction. The products imported under them should not be made subject to any exclusive wholesale distribution rights in France.  It is understood that retail distribution will be regulated in an objective and non-discriminatory manner;  (b) that it should inform all interested parties, in particular By publishing a notice to importers in the Journal Officiel de la République française, of the possibilities available to them under the abovementioned quotas of obtaining supplies of manufactured tobacco falling within CCT heading No 24.02 A, B, C and D from Spain and Portugal.  Done at Brussels, 3 July 1987.  For the Commission  Peter SUTHERLAND  Member of the Commission


title: Council Recommendation of 12 July 2011 on the National Reform Programme 2011 of Sweden and delivering a Council opinion on the updated Convergence Programme of Sweden, 2011-2014

text:
               23.7.2011

               EN

               Official Journal of the European Union

               C 217/9

         COUNCIL RECOMMENDATION
   of 12 July 2011
   on the National Reform Programme 2011 of Sweden and delivering a Council opinion on the updated Convergence Programme of Sweden, 2011-2014
   2011/C 217/03
   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(3) thereof,
   Having regard to the recommendation of the European Commission,
   Having regard to the conclusions of the European Council,
   Having regard to the opinion of the Employment Committee,
   After consulting the Economic and Financial Committee,
   Whereas:

               (1)

               On 26 March 2010, the European Council agreed to the Commission's proposal to launch a new strategy for 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 (2), 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 January 2011, the Commission adopted the first Annual Growth Survey, marking the start of a new cycle of economic governance in the EU and the first European semester of ex-ante and integrated policy coordination, which is anchored in the Europe 2020 strategy.

               (4)

               On 25 March 2011, the European Council endorsed the priorities for fiscal consolidation and structural reform (in line with the Council's conclusions of 15 February and 7 March 2011 and further to the Commission's Annual Growth Survey). It underscored the need to give priority to restoring sound budgets and fiscal sustainability, reducing unemployment through labour market reforms and making new efforts to enhance growth. It requested Member States to translate these priorities into concrete measures to be included in their Stability or Convergence Programmes and National Reform Programmes.

               (5)

               On 29 April 2011, Sweden submitted its 2011 Convergence Programme update covering the period 2011-2014 and its 2011 National Reform Programme. The two programmes have been assessed at the same time.

               (6)

               Before the economic crisis of 2008-2009, the Swedish economy enjoyed more than a decade of strong growth driven by both domestic demand and net exports. Being an export-oriented economy with a sizeable financial sector, it was strongly affected by the slump in external demand and the freezing of financial markets in 2008, causing GDP to contract by 5,1 % in 2009 and the unemployment rate to increase from around 6 % to above 9 %. Thanks to a sound starting position without large adjustment needs in the household, banking and public sectors, as well as an adequate monetary and fiscal policy response, the recession was rather short-lived and affected mainly the export-oriented manufacturing sector. As world trade revived, the Swedish economy experienced a very strong and broad-based recovery, with real GDP rebounding by 5,7 % in 2010. Due to the combined effect of automatic stabilisers and discretionary measures, the fiscal balance went from a surplus of 3,7 % of GDP in 2007 to a deficit of 0,9 % in 2009, before returning to balance in 2010.

               (7)

               Based on the assessment of the updated Convergence Programme pursuant to Regulation (EC) No 1466/97, the Council is of the opinion that the macroeconomic scenario underpinning the budgetary projections is plausible, except for 2012 when it appears favourable compared with the Commission services' spring forecast. The budgetary strategy, as outlined in the updated Convergence Programme, is appropriate, as it would contribute to meeting Sweden's medium-term objective (MTO) of 1 % GDP surplus over a cycle. This would provide some margin against breaches of the 3 % of GDP reference value in any future downturn. The programme projects the general government surplus to widen from 0,6 % of GDP in 2011 to 3,7 % of GDP in 2014, the last year of the programme. This improvement would result from assumed strong economic growth, as the programme does not envisage any consolidation efforts in these years. Risks to the budgetary targets are broadly balanced. As the revenue forecast presented in the programme is somewhat cautious for 2011, budgetary outcomes could turn out slightly better this year, whereas certain downside risks to budgetary projections from 2012 onwards are linked to favourable macroeconomic assumptions. As the government has indicated that further expansionary fiscal measures envisaged in the 2011 Budget Bill (including a fifth step in the in-work tax credit for wage-earners, a further rise in the threshold for paying state income tax, lower VAT on restaurant services, and lower taxes on pensions) could be implemented as from 2012, if there is sufficient fiscal space, there is a risk of a pro-cyclical fiscal policy stance. Considering also the demographic outlook, it is therefore important that fiscal policy is kept on a path that ensures that the MTO continue to be met. According to the Commission's latest assessment, the risks with regard to long-term sustainability of public finances appear to be low.

               (8)

               The current situation in the housing and mortgage markets is a source of potential instability. After a short-lived and mild correction at the height of the financial crisis, house prices in Sweden — in contrast to other countries — resumed the strong upward trend observed since the second half of the 1990s and are now at a record high. The strong increase in house prices has gone hand in hand with rising household indebtedness which represented around 170 % of disposable income by mid-2010, a historical high. Moreover, a large share of mortgage debt is at variable rates with little amortisation. This makes Swedish households particularly vulnerable to interest rate hikes or set-backs in employment. A marked correction in the housing market could have negative repercussions for macro-economic stability by making households rein in consumption to balance their budgets and by increasing financing costs for Swedish banks.

               (9)

               As regards the Swedish labour market, young people and non-EU nationals have a relatively weak position compared with the EU average. Further improvement of their position on the labour market is essential to raise the overall employment rate and to improve the labour supply in the long term so as to meet the demographic challenge of an ageing population. The Swedish government is currently implementing several reforms in order to improve the employment situation of both groups such as increased funds for coaching, work-experience positions, vocational adult education, apprenticeship training coaching, targeted wage subsidies and streamlined Swedish language courses. The latest statistics show clear signs that the Swedish labour market is improving across the board, except for foreign-born women.

               (10)

               The Commission has assessed the Convergence Programme and National Reform Programme. It has taken into account not only their relevance for sustainable fiscal and socio-economic policy in Sweden but also their conformity with EU rules and guidance, given the need to reinforce the overall economic governance of the EU by providing EU-level input into future national decisions. It considers that the programmes are adequately addressing the main challenges for Sweden. However, while the government's fiscal strategy to continue meeting the MTO is appropriate, care needs to be taken from 2012 onwards to avoid an excessively loose fiscal policy in times of favourable growth. The risks of macroeconomic imbalances should be assessed, notably those stemming from rising house prices and household indebtedness. In addition, the labour market participation of vulnerable groups needs to be monitored and improved, notably for young people and foreign-born women.

               (11)

               In light of this assessment, the Council has examined the 2011 update of the Convergence Programme of Sweden and its opinion (3) is reflected in particular in its recommendation 1 below. Taking into account the European Council conclusions of 25 March 2011, the Council has examined the National Reform Programme of Sweden,

         HEREBY RECOMMENDS that Sweden take action within the period 2011-2012 to:

               1.

               Keep fiscal policy on a path that ensures that the medium-term objective continues to be met.

               2.

               Take preventive action to deal with the macroeconomic risks associated with rising house prices and household indebtedness. A broad set of measures could be considered, such as reviews of the mortgage system, including the capital requirements of banks, rent regulation, property taxation and construction permits.

               3.

               Monitor and improve the labour market participation of young people and other vulnerable groups.

      Done at Brussels, 12 July 2011.

            For the Council

            The President

         J. VINCENT-ROSTOWSKI

      (1)  OJ L 209, 2.8.1997, p. 1.

      (2)  Maintained for 2011 by Council Decision 2011/308/EU of 19 May 2011 on guidelines for the employment policies of the Member States (OJ L 138, 26.5.2011, p. 56).

      (3)  Foreseen in Article 9(3) of Regulation (EC) No 1466/97.