title: Council Recommendation of 12 July 2011 on the National Reform Programme 2011 of the Netherlands and delivering a Council opinion on the updated Stability Programme of the Netherlands, 2011-2015

text:
               19.7.2011

               EN

               Official Journal of the European Union

               C 212/13

         COUNCIL RECOMMENDATION
   of 12 July 2011
   on the National Reform Programme 2011 of the Netherlands and delivering a Council opinion on the updated Stability Programme of the Netherlands, 2011-2015
   2011/C 212/04
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Articles 121(2) and 148(4) thereof,
   Having regard to Council Regulation (EC) No 1466/97 of 7 July 1997 on the strengthening of the surveillance of budgetary positions and the surveillance and coordination of economic policies (1), and in particular Article 5(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 25 March 2011, the European Council also invited the Member States participating in the Euro Plus Pact to present their commitments in time to be included in their Stability or Convergence Programmes and their National Reform Programmes.

               (6)

               On 29 April 2011, the Netherlands submitted its 2011 Stability Programme update covering the period 2011-2015 as well as its 2011 National Reform Programme. In order to take account of the interlinkages, the two programmes have been assessed at the same time.

               (7)

               In spite of a previously robust performance, as the crisis unfolded, the very open Dutch economy suffered significantly: real GDP contracted by almost 4 % in 2009. The recovery started in the second half of 2009, led by a pick-up in external demand, and gained momentum in the first half of 2010, resulting in a GDP growth of 1,8 %. The impact of the crisis on the labour market was relatively contained. Unemployment is expected to decrease gradually over the next two years from 4,5 % in 2010 to 4 % in 2012. The crisis impacted Dutch public finances heavily, with the general government deficit rising to 5,5 % of GDP in 2009 and 5,4 % in 2010. Government operations to support financial institutions and stabilise the financial markets entailed an increase in the government debt ratio by 15 percentage points of GDP, with the debt ratio reaching 60,8 % of GDP in 2009.

               (8)

               Based on the assessment of the updated Stability Programme pursuant to Regulation (EC) No 1466/97, the Council is of the opinion that the macroeconomic scenario underpinning the budgetary projections presented in the Stability Programme is plausible. The Stability Programme is based on slightly more prudent growth projections for 2011 and 2012 than the Commission services’ spring 2011 forecast. The Stability Programme plans to reduce the general government deficit below the 3 % reference value in 2012, which would be one year ahead of the deadline set by the excessive deficit procedure. Based on the figures in the Stability Programme, the medium-term objective (MTO), namely, a structural deficit of 0,5 % of GDP, will be almost achieved by the end of the Stability Programme period, as the structural balance calculated by the Commission comes out at – 0,8 % of GDP in 2015. The budgetary strategy is fully underpinned by sufficiently specified measures up to 2015, though their implementation is subject to some risks, mainly with respect to the ability to offset health care overruns and to monitor local government expenditure. The average annual fiscal effort is 0,75 % of GDP over the period 2011-2013, in compliance with the Council Recommendation of 2 December 2009 under the EDP procedure. For the years following the deadline for correcting the excessive deficit (2014 and 2015), the recalculated structural balance is to improve by 0,25 % in 2014 and 0,5 % in 2015, thereby slightly falling short of the required 0,5 % improvement in the structural balance until the MTO is reached.

               (9)

               The budgetary consolidation planned and implemented by the Dutch authorities strongly relies on largely structural expenditure cutbacks, amounting to approximately 3 % of GDP by the end of the Stability Programme period (2015) compared to the baseline. The resulting adjustment path envisages a reduction in the general government deficit from 3,8 % of GDP in 2011 to 2,4 % of GDP in 2012, falling further in annual steps of around 0,5 % in the period 2013-2015. The Netherlands is firmly committed to reaching those targets. Safeguarding growth-enhancing policy areas such as education from budgetary cuts would avoid hampering the future potential for economic growth, and contribute to achieving a sustainable correction to the excessive deficit.

               (10)

               Besides short-term consolidation, one of the main challenges is improving the long-term sustainability of public finances, which is negatively affected by the strong increase in age-related expenditure. The long-term cost of ageing is clearly above the EU average, notably in long-term care and pensions. The expected increase in long-term care expenditure is the highest in Europe, as shown in the Commission's 2009 Ageing Report. The main reason for this is the existence of an already comprehensive system of formal long-term care (e.g. public long-term insurance covering personal care, nursing, assistance, treatment and stay in an institution), while informal care plays a more limited role in the Netherlands. According to the Commission's latest assessment, the risks with regard to the long-term sustainability of public finances appear to be high. Beyond its consolidation plans, the Dutch government has submitted measures to Parliament that will support long term sustainability including a rise in the statutory retirement age which has not yet been adopted.

               (11)

               The Dutch labour market is characterised by relatively high participation rates, high productivity per hour worked and low unemployment. However, the main challenge for the labour market will be to increase the utilisation of untapped labour potential, in particular to compensate for the expected decrease in the working age population as a result of ageing. The average amount of hours worked per year is the lowest in the EU, as confirmed by the latest available data. The low number of hours worked results from the very large share of people working part-time, particularly women, reflecting personal preferences but also the existence of financial disincentives for either entering the labour market or for extending the hours worked. Currently, one of the main disincentives for second-income earners to enter the labour market or to work more hours in the Netherlands is the high marginal tax rate on second incomes, which can in some cases turn out to be above 80 %, as a result of inter alia the general tax credit and the reduction in income-dependent benefits such as childcare subsidy.

               (12)

               For an increasing and heterogeneous group of partly disabled, long-term unemployed who face a growing risk of structural unemployment, the implementation of active labour market policies has apparently not produced positive results. Non-EU nationals are experiencing particular difficulties, thereby amplifying the persistent employment and unemployment gaps.

               (13)

               The Dutch research and innovation (R&I) system has succeeded in maintaining its innovative capacity, but the low share of the private sector in research and development (R&D) investment may negatively affect future economic growth and the competitiveness of the Dutch economy. The government aims to create an attractive climate for R&I-intensive firms, including firms from abroad, in terms of fiscal incentives, space for entrepreneurs and excellence of research. Due to the need for budgetary consolidation this year, some subsidies for companies may, however, not be continued while others will be streamlined and targeted towards ‘top economic areas’ and shifted to more generic tax instruments.

               (14)

               The business environment is negatively affected by the congestion levels in road and rail transport. These congestion levels are among the highest in the EU. In this context, a relatively inefficient transport infrastructure negatively affects labour mobility and thus potential growth through productivity. Workers are faced with long commutes, unreliable travel times and high congestion costs. The latter are expected to increase further until 2020 in the absence of policy changes. Improvements in the efficient use of infrastructure (e.g. through road pricing measures), would contribute to increasing labour mobility and productivity and thus to potential growth.

               (15)

               On 4 April 2011, the Netherlands announced a number of commitments under the Euro Plus Pact. These include measures to foster competitiveness (introduction of a new business policy based on more generic reductions in taxation and administrative burdens) and employment (making social security more activating and reducing dependence on unemployment benefits), to contribute further to the sustainability of public finances (anchoring the stability and growth pact in national law) and to reinforce financial stability (more power to supervisory institutions). These commitments refer to all areas of the Pact. They represent a continuation of the broader reform agenda outlined in the Stability and National Reform Programmes. However, there is a lack of detail in terms of their timing and the measures that will be needed to implement them. These commitments have been assessed and taken into account in the recommendations.

               (16)

               The Commission has assessed the Stability Programme and National Reform Programme, including the Euro Plus Pact commitments. It has taken into account not only their relevance for sustainable fiscal and socio-economic policy in the Netherlands 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 fully specified Dutch budgetary consolidation strategy should be implemented as envisaged, while preserving expenditure in areas most conducive to long-term growth. Further steps should be taken to improve the long-term sustainability of public finances, notably in the areas of pensions and long-term care, to increase labour market participation and integration, and to address the issues arising from transport congestion.

               (17)

               In the light of this assessment, also taking into account the Council Recommendation of 2 December 2009 under Article 126(7) of the Treaty on the Functioning of the European Union, the Council has examined the 2011 update of the Stability Programme of the Netherlands and its opinion (3) is reflected in particular in its recommendations (1) and (2) below. Taking into account the European Council conclusions of 25 March 2011, the Council has examined the National Reform Programme of the Netherlands,

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

               1.

               Implement the budgetary strategy for the year 2012, in line with the Council recommendations on correcting the excessive deficit, setting the high public debt ratio on a downward path. Thereafter, progress towards the medium-term objective in line with the Stability and Growth Pact requirements, respecting the overall spending ceilings and consolidation requirements, thereby ensuring that consolidation is sustainable and growth-friendly, by protecting expenditure in areas directly relevant for growth such as research and innovation, education and training.

               2.

               Take measures to increase the statutory retirement age by linking it to life expectancy, and underpin these measures with others to raise the effective retirement age and to improve the long-term sustainability of public finances. Prepare a blueprint for reforming long-term care in view of an ageing population.

               3.

               Enhance participation in the labour market by reducing fiscal disincentives for second-income earners to work and draw up measures to support the most vulnerable groups and help them to re-integrate within the labour market.

               4.

               Promote innovation, private R&D investment and closer science-business links by providing suitable incentives in the context of the new enterprise policy (‘Naar de top’).

      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 5(3) of Regulation (EC) No 1466/97.


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

text:
               29.7.2014

               EN

               Official Journal of the European Union

               C 247/132

         COUNCIL RECOMMENDATION
   of 8 July 2014
   on the National Reform Programme 2014 of Sweden and delivering a Council opinion on the Convergence Programme of Sweden, 2014
   2014/C 247/25
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Articles 121(2) and 148(4) thereof,
   Having regard to Council Regulation (EC) No 1466/97 of 7 July 1997 on the strengthening of the surveillance of budgetary positions and the surveillance and coordination of economic policies (1), and in particular Article 9(2) thereof,
   Having regard to Regulation (EU) No 1176/2011 of the European Parliament and of the Council of 16 November 2011 on the prevention and correction of macroeconomic imbalances (2), and in particular Article 6(1) thereof,
   Having regard to the recommendation of the European Commission,
   Having regard to the resolutions of the European Parliament,
   Having regard to the conclusions of the European Council,
   Having regard to the opinion of the Employment Committee,
   Having regard to the opinion of the Economic and Financial Committee,
   Having regard to the opinion of the Social Protection Committee,
   Having regard to the opinion of the Economic Policy Committee,
   Whereas:

               (1)

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

               (2)

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

               (3)

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

               (4)

               On 9 July 2013, the Council adopted a Recommendation (4) on Sweden's National Reform Programme for 2013 and delivered its opinion on Sweden's updated Convergence Programme for 2012-2016.

               (5)

               On 13 November 2013, the Commission adopted the Annual Growth Survey, marking the start of the 2014 European Semester for economic policy coordination. Also, on 13 November 2013, the Commission, on the basis of Regulation (EU) No 1176/2011, adopted the Alert Mechanism Report, in which it identified Sweden 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 Sweden, under Article 5 of Regulation (EU) No 1176/2011. The Commission's analysis leads it to conclude that Sweden continues to experience macroeconomic imbalances, which require monitoring and policy action. In particular, developments regarding household indebtedness, coupled with inefficiencies in the housing market, continue to warrant attention. Although the large current account surplus does not pose risks similar to large deficits, and is partly linked to the need for deleveraging, the Commission will follow the current account developments in Sweden in the context of the European Semester.

               (8)

               On 16 April 2014, Sweden submitted its 2014 National Reform Programme and its 2014 Convergence Programme. In order to take account of their interlinkages, the two programmes have been assessed at the same time.

               (9)

               The objective of the budgetary strategy outlined in the 2014 Convergence Programme is to ensure a general government surplus of 1 % of GDP on average over the business cycle, as foreseen by the Swedish fiscal framework. The Convergence Programme confirms the medium-term objective set in the previous Convergence Programme of a structural deficit of 1 % of GDP, which reflects the requirements of the Stability and Growth Pact. Based on the (recalculated) structural balance, the Convergence Programme plans an outcome that more than fulfils the medium-term objective throughout the programme period. According to the Convergence Programme, government debt, which remains well below the 60 %‐of‐GDP reference value, is projected to decrease from 41,5 % of GDP in 2014 to 35 % in 2017. Overall, the budgetary strategy outlined in the Convergence Programme is in line with the requirements of the Stability and Growth Pact. The macroeconomic scenario underpinning the budgetary projections in the Convergence Programme is plausible. Regarding the long-term sustainability of public finances, a high share of GDP is spent on long-term care and a significant increase in spending is foreseen over the long term to take sufficient account of the ageing of the population, bringing spending in Sweden in 2060 to 6,4 % of GDP. Sweden would need to address this by ensuring sufficient primary surpluses and further containing age-related expenditure growth to ensure long‐term fiscal sustainability. Based on its assessment of the 2014 Convergence Programme and the Commission forecast, pursuant to Regulation (EC) No 1466/97, the Council is of the opinion that Sweden's Convergence Programme is in compliance with the rules of the Stability and Growth Pact and that the risks to the budgetary targets are limited.

               (10)

               The high indebtedness of the private sector, and in particular of Swedish households, remains a matter of concern. Moreover, the financial sector's exposure to households, as opposed to the corporate sector, has been increasing in line with household sector debt, which currently stands at 83 % of GDP or roughly 160 % of disposable income. The indebtedness is spurred by continued credit growth and a slow pace of mortgage amortisation. In the event of interest rate increases, house price falls and/or an adverse macroeconomic development, the high household sector indebtedness would be a risk factor. Such evolutions would affect households and their consumption patterns. It could also have adverse second-round effects on the banking sector, by increasing the number of non-performing loans and the cost of market funding. Sweden has neither announced nor adopted any measures to address the debt bias in taxation linked to housing which could be done in the context of a tax shift, without increasing the overall tax burden. However, Sweden has taken some action to foster prudent lending through the introduction of the 15 % risk-weight floor for mortgage exposures in May 2013 and a further increase has also been announced. Nevertheless, amortisation practices remain relaxed with very long amortisation periods below 75 % loan-to-value ratios and strong measures in this regard have not been taken, considering the voluntary nature of the October 2013 recommendation on individual amortisation plans. The Swedish Bankers' Association strengthened its recommendation in March 2014, calling for amortisation down to 70 % of the loan-to-value ratio. Finally, Sweden has addressed the corporate taxation debt bias by further strengthening restrictions on interest deductibility, extending them to all types of intra-group loans as of January 2013 and introducing a so-called investors' deductibility that might alleviate the debt bias in taxation. The corporate income tax was also lowered from 26,3 % to 22 % as from the beginning of 2013.

               (11)

               The Swedish housing market, characterised by sharp price increases over the last two decades, remains a potential source of instability. Inefficiencies still weigh on the housing supply, particularly as a result of complex planning processes, limited competition within the construction sector and a high degree of rent control. Together with debt-inducing taxation, these inefficiencies tend to create upward bias in house prices. Sweden has taken some measures in the rental market, but these measures appear insufficient to address the underlying structural problem linked to the high degree of rigidity of the rent system. No measures addressing the rental market were included in the spring bill presented by the Government on 9 April 2014. Sweden has adopted measures to address the inefficiencies of the zoning and planning process, as well as municipalities' planning monopoly, by requiring municipalities to take a regional perspective when defining housing needs. These measures go in the right direction; not all of them have been implemented yet, and no penalties are set out for failing municipalities.

               (12)

               Despite high funding levels, there is evidence that learning outcomes in compulsory school as measured by international student assessments are worse than in the early 2000s, with Sweden now performing below both the EU and OECD averages in all three areas tested (reading, mathematics and science). Moreover, the relationship between socio-economic background and performance has become stronger, and differences between schools have increased. While the measures put forward by the Government are steps in the right direction, it appears that more radical structural changes will be necessary. To that end, Sweden is about to carry out a review of the effectiveness of the school system to restore a high level of performance.

               (13)

               The labour market situation of young people, the low-skilled and people with a migrant background remains weak. Youth unemployment remains above the EU average. While the Government has taken steps to address these points, it appears that difficulties may be linked to problems in the education field, with the education system failing to supply a proportion of young people with the necessary skills for successful integration into the labour market. As regards labour market integration and education and training, Sweden has adopted measures to facilitate the transition from school to work (apprenticeships reform, including an ‘apprentice salary’) and help young people get work experience (‘vocational introduction employment’). The transition has been de facto strengthened through the introduction of early measures for those most in need. However, coverage and outreach to unregistered people who are not in education, employment or training remains weak. Sweden is also working to speed up the integration of people with a migrant background, while challenges persist in particular with people with a migrant background from outside the Union. Finally, Sweden is in the process of evaluating the effectiveness of the current reduced VAT rate for restaurants and catering services in support of job creation. The final evaluation is expected to be ready in January 2016.

               (14)

               In the context of the European Semester, the Commission has carried out a comprehensive analysis of Sweden's economic policy. It has assessed the National Reform Programme and the Convergence Programme. It has taken into account not only their relevance for sustainable fiscal and socio-economic policy in Sweden 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 (4) below.

               (15)

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

               (16)

               In the light of the Commission's in-depth review and this assessment, the Council has examined the National Reform Programme and the Convergence Programme. Its recommendations under Article 6 of Regulation (EU) No 1176/2011 are reflected in recommendations (2) and (3) below,

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

               1.

               Continue to pursue a growth-friendly fiscal policy and preserve a sound fiscal position, ensuring that the medium-term budgetary objective is adhered to throughout the period covered by the Convergence Programme, also with a view to the challenges posed on the long-term sustainability of public finances by an ageing population.

               2.

               Moderate household sector credit growth and private indebtedness. To this end, reduce the effects of the debt bias in personal income taxation by gradually limiting tax deductibility of interest payments on mortgages and/or by increasing recurrent property taxes. Take further measures to increase the pace of amortisation of mortgages.

               3.

               Further improve the efficiency of the housing market through continued reforms of the rent-setting system. In particular, allow more market-oriented rent levels by moving away from the utility value system and further liberalising certain segments of the rental market, and greater freedom of contract between individual tenants and landlords. Decrease the length and complexity of the planning and appeal processes, by reducing and merging administrative requirements, harmonising building requirements and standards across municipalities and increasing transparency for land allotment procedures. Encourage municipalities to make their own land available for new housing developments.

               4.

               Take appropriate measures to improve basic skills and facilitate the transition from education to the labour market, including through a wider use of work-based training and apprenticeships. Reinforce efforts to target labour market and education measures more effectively towards low-educated young people and people with a migrant background. Increase early intervention and outreach to young people who are unregistered with the public services.

      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. 86.

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


title: Recommendation for a Council opinion in accordance with the third paragraph of Article 5 of Council Regulation (EC) n°1466/97 of 7 July 1997 on the updated Stability programme of the Netherlands, 2001-2007

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


title: Commission Recommendation of 15 October 2008 on notifications, time limits and consultations provided for in Article 7 of Directive 2002/21/EC of the European Parliament and of the Council on a common regulatory framework for electronic communications networks and services (notified under document number C(2008) 5925) (Text with EEA relevance)

text:
               12.11.2008

               EN

               Official Journal of the European Union

               L 301/23

      COMMISSION RECOMMENDATION

   of 15 October 2008
   on notifications, time limits and consultations provided for in Article 7 of Directive 2002/21/EC of the European Parliament and of the Council on a common regulatory framework for electronic communications networks and services
   (notified under document number C(2008) 5925)
   (Text with EEA relevance)
   (2008/850/EC)
   THE COMMISSION OF THE EUROPEAN COMMUNITIES,
   Having regard to the Treaty establishing the European Community,
   Having regard to Directive 2002/21/EC of the European Parliament and of the Council of 7 March 2002 on a common regulatory framework for electronic communications networks and services (1), and in particular Article 19(1) thereof,
   Whereas:

               (1)

               Under the regulatory framework for electronic communications networks and services, national regulatory authorities are obliged to contribute to the development of the internal market by cooperating with each other and with the Commission in a transparent manner in order to ensure the development of consistent regulatory practice and the consistent application of the directives making up the regulatory framework.

               (2)

               To ensure that decisions taken at national level do not have an adverse effect on the single market or on the objectives pursued by the regulatory framework, national regulatory authorities must notify the Commission and other national regulatory authorities of those draft measures stipulated in Article 7(3) of Directive 2002/21/EC.

               (3)

               As an additional requirement, national regulatory authorities must obtain Commission authorisation for obligations covered by the second subparagraph of Article 8(3) of Directive 2002/19/EC of the European Parliament and of the Council of 7 March 2002 on access to, and interconnection of, electronic communications networks and associated facilities (2), which is a separate process.

               (4)

               The Commission will give national regulatory authorities, if they so request, the opportunity to discuss any draft measures, before formal notification of such measures under Article 7 of Directive 2002/21/EC and Article 8(3) of Directive 2002/19/EC. Where, pursuant to Article 7(4) of Directive 2002/21/EC, the Commission has indicated to the national regulatory authority that it considers that the draft measure would create a barrier to the single market or where it has serious doubts as to its compatibility with Community law, the national regulatory authority concerned should be given an early opportunity to express its views regarding the issues raised by the Commission.

               (5)

               Directive 2002/21/EC lays down certain binding time limits for the consideration of notifications under Article 7.

               (6)

               To ensure the effectiveness of cooperation and the consultation mechanism set out in Article 7 of Directive 2002/21/EC and to guarantee legal certainty, clear rules dealing with the main procedural aspects of the notifications made under Article 7 were put in place by Commission Recommendation 2003/561/EC of 23 July 2003 on notifications, time limits and consultations provided for in Article 7 of Directive 2002/21/EC of the European parliament and of the Council on a common regulatory framework for electronic communications networks and services (3). Recommendation 2003/561/EC should be replaced by this Recommendation with a view to further simplifying and improving the notification process.

               (7)

               To give further guidance to national regulatory authorities on the content of draft measures and to increase legal certainty on the completeness of a notification, certain minimum information should be provided on what a draft measure should contain in order to be properly assessed.

               (8)

               Account has to be taken of the need to ensure effective assessment, on the one hand, and to simplify administration as far as possible, on the other hand. In this respect, the notification mechanism should not involve any unnecessary administrative burden on the national regulatory authorities. It would also be beneficial to clarify procedural arrangements in the context of the second subparagraph of Article 8(3) of Directive 2002/19/EC.

               (9)

               To help simplify the examination of a notified draft measure and to make the process quicker, national regulatory authorities should use standard formats for notifications.

               (10)

               In order to improve the efficiency of the notification mechanism, to increase legal certainty for national regulatory authorities and market players and to ensure timely implementation of regulatory measures, it is desirable that a notification by a national regulatory authority covering a market analysis also includes the remedies proposed by the national regulatory authority to address the market failures identified. Where the draft measure relates to a market which is found to be competitive and remedies already exist in relation to that market, the notification should also include the proposals for withdrawing those obligations.

               (11)

               In general, a short notification form should be used for certain categories of draft measures in order to reduce the administrative burden on national regulatory authorities and the Commission. However, notification of these categories by way of the standard notification procedure remains possible.

               (12)

               Where a national regulatory authority intends to withdraw regulatory obligations in relation to markets not included in Commission Recommendation 2007/879/EC of 17 December 2007 on relevant product and service markets within the electronic communications sector susceptible to ex ante regulation in accordance with Directive 2002/21/EC of the European Parliament and of the Council on a common regulatory framework for electronic communications networks and services (4), notification of such a draft measure under Article 7 of Directive 2002/21/EC should be made by means of the short notification form.

               (13)

               Where a national regulatory authority carries out a review of a market that has been found to be effectively competitive in a previous review and finds once more that this market is effectively competitive, the notification should be made by means of the short notification form.

               (14)

               National regulatory authorities frequently amend technical details of the remedies imposed to take account of changes in economic indicators (such as equipment, labour, inflation, cost of capital, property rental rates, etc.), or to update forecasts or assumptions. Changes or updates of details which do not change the nature or the general scope of remedies (e.g. extension of reporting obligations, details of required insurance coverage, amounts of penalties, or delivery times) should be notified by means of the short notification form. Only material changes to the nature or scope of the remedies that have an appreciable impact on the market (such as price levels, amendments to the methodologies used to calculate costs or prices, determination of glide paths) should be notified by the standard notification procedure.

               (15)

               With regard to certain markets (in particular, voice call termination markets), national regulatory authorities may come to the same conclusion as in a previous review and wish to impose remedies on further operators (e.g. new entrants) with a similar customer base or total turnover to operators covered by a previous review which do not materially differ from draft measures already notified. The short notification form should be used for these draft measures.

               (16)

               A draft measure notified by means of a short notification form will in principle not give raise to comments by the Commission to the national regulatory authority in accordance with Article 7(3) of Directive 2002/21/EC.

               (17)

               In order to increase transparency on a notified draft measure and to facilitate the exchange of information about such measures between national regulatory authorities both the standard and the short notification forms should contain a summarised description of the main elements of the notified draft measure.

               (18)

               The European Regulators Group for Electronic Communications Networks and Services established by Commission Decision 2002/627/EC (5) has recognised the need for these arrangements.

               (19)

               To meet the objectives laid down in Article 8 of Directive 2002/21/EC, in particular the need to ensure consistent regulatory practices and consistent application of that Directive, full compliance with the notification mechanism laid down in Article 7 is essential.

               (20)

               The Communications Committee has delivered its opinion in accordance with Article 22(2) of Directive 2002/21/EC,

         HEREBY RECOMMENDS:

               1.

               Terms defined in Directive 2002/21/EC and the specific directives have the same meaning when used in this Recommendation. In addition:

                           (a)

                           ‘recommendation on relevant markets’ means Recommendation 2007/879/EC and any subsequent Recommendation on relevant markets;

                           (b)

                           ‘notification’ means the notification to the Commission by a national regulatory authority of a draft measure pursuant to Article 7(3) of Directive 2002/21/EC or a request pursuant to the second subparagraph of Article 8(3) of Directive 2002/19/EC, accompanied by the standard notification form or short notification form as provided in this Recommendation (Annex I and Annex II).

               2.

               Notifications should be made by electronic mail with a request for acknowledgement of receipt.
               Documents sent by electronic mail will be presumed to have been received by the addressee on the day on which they were sent.
               Notifications will be registered in the order in which they are received.

               3.

               Notifications will become effective on the date on which the Commission registers them (date of registration). The date of registration will be the date on which a complete notification is received by the Commission.
               Notice will be given on the Commission’s website and by electronic means to all national regulatory authorities of the date of registration of the notification, the subject matter of the notification and any supporting documentation received.

               4.

               Notifications should be in any of the official languages of the Community. The standard notification form (Annex I) or the short notification form (Annex II) may be in an official language other than that of the draft measure in order to facilitate consultation by all other national regulatory authorities.
               Any comments made or decisions adopted by the Commission pursuant to Article 7 of Directive 2002/21/EC will be in the language of the notified draft measure, translated where possible into the language used on the standard notification form.

               5.

               Draft measures notified by a national regulatory authority should be accompanied by the documentation needed for the Commission to carry out its tasks. For those draft measures that fall under point 6 below and are notified by means of the short notification form, the Commission does not need in principle any additional documentation to carry out its tasks.
               Draft measures should be duly substantiated.

               6.

               The following draft measures should be made available to the Commission by means of the short notification form contained in Annex II:

                           (a)

                           draft measures concerning markets which have been removed from or have not been previously listed in the Recommendation on relevant markets, either where the market is found to be competitive by the national regulatory authority, or where the national regulatory authority considers that the three cumulative criteria referred to in point 2 of the Recommendation on relevant markets for identifying markets that are susceptible to ex ante regulation are no longer met;

                           (b)

                           draft measures concerning markets which, while included in the Recommendation on relevant markets in force, had been found to be competitive in a previous market review, and remain competitive;

                           (c)

                           draft measures that change the technical details of previously imposed regulatory remedies and do not have an appreciable impact on the market (e.g. annual updates of costs and estimates of accounting models, reporting times, delivery times); and

                           (d)

                           draft measures concerning a relevant market that has already been analysed and notified in relation to other undertakings, where the national regulatory authorities imposes similar remedies on other undertakings, without materially changing the principles applied in the previous notification.

               7.

               The Commission, in close cooperation with the national regulatory authorities, will monitor the practical consequences of the short notification procedure with a view to make any further adjustments as may be necessary or add other categories of draft measures that should be notified using the short notification form.

               8.

               Draft measures not falling under point 6 should be made available to the Commission by means of the standard notification form set out in Annex I. The draft measures notified should include each of the following where applicable:

                           (a)

                           the relevant product or service market, in particular, a description of the products and services to be included in and excluded from the relevant market on the basis of demand-side and supply-side substitutability;

                           (b)

                           the relevant geographic market, including a reasoned analysis of the competitive conditions on the basis of demand-side and supply-side substitutability;

                           (c)

                           the main undertakings active on the relevant market;

                           (d)

                           the results of the analysis of the relevant market, in particular the findings as to the presence or absence of effective competition, together with the reasons therefore. For these purposes, the draft measure should contain an analysis of the market shares of the different undertakings and a reference to other relevant criteria, as appropriate, such as barriers to entry, economies of scale and scope, vertical integration, control of infrastructure not easily duplicated, technological advantages or superiority, absence of or low countervailing buying power, easy or privileged access to capital markets/financial resources, overall size of the undertaking, product/services diversification, highly developed distribution and sales network, absence of potential competition and barriers to expansion;

                           (e)

                           where appropriate, the undertakings to be designated as having, individually or jointly, significant market power within the meaning of Article 14 of Directive 2002/21/EC and the reasoning, evidence and any other relevant factual information in support of such designation;

                           (f)

                           the results of the prior public consultation carried out by the national regulatory authority;

                           (g)

                           the opinion issued by the national competition authority, where provided;

                           (h)

                           evidence that, at the time of notification to the Commission, appropriate steps had been taken to notify the draft measures to the national regulatory authorities in all other Member States;

                           (i)

                           in the case of notification of draft measures which fall within the scope of Articles 5 or 8 of Directive 2002/19/EC or Article 16 of Directive 2002/22/EC of the European Parliament and of the Council (6), the specific regulatory obligations proposed to address the lack of effective competition in the relevant market concerned or, in cases where a relevant market is found to be effectively competitive and such obligations have already been imposed in respect of that market, the draft measures proposed to withdraw those obligations.

               9.

               Where, for the purposes of the market analysis, a draft measure defines a relevant market which differs from those in the Recommendation on relevant markets, national regulatory authorities should provide sufficient reasoning of the criteria used for such a market definition.

               10.

               Notifications made in accordance with the second subparagraph of Article 8(3) of Directive 2002/19/EC should also contain adequate reasoning as to why obligations other than those listed in Articles 9 to 13 of the Directive should be imposed on operators with significant market power.

               11.

               Notifications falling within the scope of Article 8(5) of Directive 2002/19/EC should also contain adequate reasoning as to why the intended draft measures are required to comply with international commitments.

               12.

               Notifications made by means of the standard notification procedure that include the applicable information within the meaning of point 8 will be presumed to be complete. Where the information, including documents, contained in the notification is incomplete in any material respect, the Commission will inform the national regulatory authority concerned within five working days and specify to what extent it considers the notification to be incomplete. The notification will not be registered until the national regulatory authority concerned has provided the requisite information. In such cases, for the purposes of Article 7 of Directive 2002/21/EC, the notification will become effective on the date on which the Commission receives the complete information.

               13.

               Without prejudice to point 8 above, following registration of a notification, the Commission, acting in accordance with Article 5(2) of Directive 2002/21/EC, may seek further information or clarification from the national regulatory authority concerned. National regulatory authorities should endeavour to provide the information requested within three working days, where this is readily available.

               14.

               The Commission will verify whether or not the draft measure made available by means of a short notification form falls within the categories listed under point 6. Where the Commission considers this not to be the case, it will inform the national regulatory authority concerned within five working days and ask the notifying regulatory authority to submit the draft measure by means of the standard notification procedure.

               15.

               Where the Commission makes comments in accordance with Article 7(3) of Directive 2002/21/EC, it will notify the national regulatory authority concerned by electronic means and publish such comments on its website.

               16.

               Where a national regulatory authority makes comments in accordance with Article 7(3) of Directive 2002/21/EC, it shall communicate those comments to the Commission and the other national regulatory authorities by electronic means.

               17.

               Where, in application of Article 7(4) of Directive 2002/21/EC, the Commission considers that a draft measure would create a barrier to the single market or it has serious doubts as to its compatibility with Community law and in particular the objectives referred to in Article 8 of Directive 2002/21/EC; or it subsequently withdraws its objections, or takes a decision requiring a national regulatory authority to withdraw a draft measure, it will notify the national regulatory authority concerned by electronic means and post a notice on its website.

               18.

               With regard to notifications made pursuant to the second subparagraph of Article 8(3) of Directive 2002/19/EC, the Commission, acting in accordance with Article 14(2) of that directive, will normally take a decision authorising or preventing the national regulatory authority from adopting the proposed draft measure within a period not exceeding three months. The Commission may decide to extend this period for a further two months in view of the difficulties raised.

               19.

               A national regulatory authority may decide at any time to withdraw the notified draft measure, in which case the notified measure will be removed from the register. The Commission will publish a notice to that effect on its website.

               20.

               Where a national regulatory authority adopts the draft measure after receiving comments from the Commission or another national regulatory authority made in accordance with Article 7(3) of Directive 2002/21/EC, it shall communicate to the Commission and other national regulatory authorities of the manner in which it took the utmost account of the comments made.

               21.

               When requested by a national regulatory authority, the Commission will informally discuss a draft measure prior to notification.

               22.

               In accordance with Regulation (EEC, Euratom) No 1182/71 of the Council (7), any period of time referred to in Directive 2002/21/EC or in this Recommendation will be calculated as follows:

                           (a)

                           where a period expressed in days, weeks or months is to be calculated from the moment at which an event occurs, the day during which that event occurs shall not be counted as falling within the period in question;

                           (b)

                           a period expressed in weeks or in months shall end with the expiry of whichever day in the last week or month is the same day of the week or falls on the same date as the day during which the event from which the period is to be calculated occurred. Where, in a period expressed in months the day on which it should expire does not occur in the last month, the period shall end with the expiry of the last day of that month;

                           (c)

                           time periods shall include official holidays, Saturdays and Sundays.

                           (d)

                           working days mean all days other than official and/or public holidays, Saturdays and Sundays.

                     Should a time period end on a Saturday, Sunday or an official holiday, it shall be extended until the end of the first following working day. The list of official holidays as determined by the Commission is published in the Official Journal of the European Union before the beginning of each year.

               23.

               The Commission, together with the national regulatory authorities, will evaluate the necessity of reviewing this Recommendation as appropriate after the date established in the review of the regulatory framework for the transposition by the Member States into national law.

               24.

               This Recommendation is addressed to the Member States.

      Done at Brussels, 15 October 2008.

            For the Commission

         Viviane REDING

            Member of the Commission

      (1)  OJ L 108, 24.4.2002, p. 33.

      (2)  OJ L 108, 24.4.2002, p. 7.

      (3)  OJ L 190, 30.7.2003, p. 13.

      (4)  OJ L 344, 28.12.2007, p. 65.

      (5)  OJ L 200, 30.7.2002, p. 38.

      (6)  OJ L 108, 24.4.2002, p. 51.

      (7)  OJ L 124, 8.6.1971, p. 1.

      ANNEX I
      Standard form relating to notifications of draft measures pursuant to Article 7 of Directive 2002/21/EC
      (Standard notification form)
      INTRODUCTION
      The standard notification form specifies the summary information to be provided by national regulatory authorities to the Commission when notifying draft measures under the standard notification procedure in accordance with Article 7 of Directive 2002/21/EC.
      The Commission intends to discuss issues relating to the implementation of Article 7 with national regulatory authorities, especially during pre-notification meetings. Accordingly, national regulatory authorities are encouraged to consult the Commission on any aspect of the standard notification form and in particular on the kind of information they are requested to supply or, conversely, the possibility of dispensing with the obligation to provide certain information in relation to the market analysis carried out pursuant to Articles 15 and 16 of Directive 2002/21/EC.
      CORRECT AND COMPLETE INFORMATION
      All information submitted by national regulatory authorities should be correct and complete and summarised on the standard notification form set out below. The standard notification form is not meant to replace the notified draft measure, but it should enable the Commission and the national regulatory authorities of other Member States to verify that the notified draft measure does indeed contain, by reference to the information contained in the standard notification form, all the information needed for the Commission to carry out its tasks under Article 7 of Directive 2002/21/EC within the time frame set therein.
      The information required should be set out in the sections and paragraphs of the standard notification form, with cross-references to the body of the draft measure where this information is to be found.
      LANGUAGE
      The standard notification form should be completed in one of the official languages of the European Community and may be different from the language used in the notified draft measure. Any opinion issued or decision taken by the Commission in accordance with Article 7 of Directive 2002/21/EC will be in the language of the notified draft measure, translated where possible into the language used in the standard notification form.
      Section 1
      Market definition
      Please state where applicable:

                  1.1.

                  The relevant product/service market. Is this market mentioned in the Recommendation on relevant markets?

                  1.2.

                  The relevant geographic market.

                  1.3.

                  A brief summary of the opinion of the national competition authority, where provided.

                  1.4.

                  A brief overview of the results of the public consultation to date on the proposed market definition (e.g. how many comments were received, which respondents agreed with the proposed market definition, which respondents disagreed with it).

                  1.5.

                  Where the relevant market is different from those listed in the Recommendation on relevant markets, a summary of the main reasons justifying the proposed market definition by reference to Section 2 of the Commission guidelines on market analysis and the assessment of significant market power under the Community regulatory framework for electronic communications networks and services (1), and the three main criteria mentioned in recitals 5 to 13 of the Recommendation on relevant markets and Section 2.2 of the accompanying Explanatory Note (2).

            Section 2
      Designation of undertakings with significant market power
      Please state where applicable:

                  2.1.

                  The name of the undertakings designated as having, individually or jointly, significant market power.
                  Where applicable, the name of the undertakings considered no longer to have significant market power.

                  2.2.

                  The criteria used to designate an undertaking as having significant market power, individually or jointly, or not.

                  2.3.

                  The name of the main undertakings (competitors) active in the relevant market.

                  2.4.

                  The market shares of the undertakings mentioned above and the basis for calculation of market share (e.g. turnover, number of subscribers).
                  Please provide a brief summary of:

                  2.5.

                  The opinion of the national competition, authority where provided.

                  2.6.

                  The results of the public consultation to date on the proposed designation(s) as undertakings having significant market power (e.g. total number of comments received, numbers agreeing/disagreeing).

            Section 3
      Regulatory obligations
      Please state where applicable:

                  3.1.

                  The legal basis for the obligations to be imposed, maintained, amended or withdrawn (Articles 9 to 13 of Directive 2002/19/EC).

                  3.2.

                  The reasons for which the imposition, maintenance or amendment of obligations on undertakings is considered proportional and justified in the light of the objectives laid down in Article 8 of Directive 2002/21/EC. Alternatively, indicate the paragraphs, sections or pages of the draft measure where such information is to be found.

                  3.3.

                  Where the remedies proposed are other than those set out in Articles 9 to 13 of Directive 2002/19/EC, please indicate what ‘exceptional circumstances’ within the meaning of Article 8(3) of that Directive justify the imposition of such remedies. Alternatively, indicate the paragraphs, sections or pages of the draft measure where such information is to be found.

            Section 4
      Compliance with international obligations
      In relation to the third intend of the first subparagraph of Article 8(3) of Directive 2002/19/EC, please state where applicable:

                  4.1.

                  Whether the proposed draft measure intends to impose, amend or withdraw obligations on market players as provided for in Article 8(5) of Directive 2002/19/EC.

                  4.2.

                  The name of the undertakings concerned.

                  4.3.

                  What international commitments entered into by the Community and the Member States are to be met.

         (1)  OJ C 165, 11.7.2002, p. 6.

         (2)  Explanatory Note accompanying the Commission Recommendation 2007/789/EC on relevant product and service markets within the electronic communications sector susceptible to ex ante regulation in accordance with Directive 2002/21/EC of the European Parliament and of the Council on a common regulatory framework for electronic communication networks and services, C(2007) 5406 published at http://ec.europa.eu/information_society/policy/ecomm/doc/implementation_enforcement/article_7/sec_2007_1483_2.pdf

      ANNEX II
      Short form relating to notifications of draft measures pursuant to Article 7 of Directive 2002/21/EC
      (Short notification form)
      INTRODUCTION
      The short notification form specifies the summary information to be provided by national regulatory authorities to the Commission when notifying draft measures under the short notification procedure in accordance with Article 7 of Directive 2002/21/EC.
      It is not necessary to provide a copy of the draft regulatory measure or to attach any other document to the short notification form. However, it is necessary to indicate the Internet reference through which the draft measure can be accessible in the short notification form.


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32004H0074

Commission Recommendation of 9 January 2004 concerning a coordinated Community monitoring programme for 2004 to ensure compliance with maximum levels of pesticide residues in and on cereals and certain other products of plant origin (Text with EEA relevance) (notified under document number C(2003) 5400)

Official Journal L 016 , 23/01/2004 P. 0060 - 0064

Commission Recommendationof 9 January 2004concerning a coordinated Community monitoring programme for 2004 to ensure compliance with maximum levels of pesticide residues in and on cereals and certain other products of plant origin(notified under document number C(2003) 5400)(Text with EEA relevance)(2004/74/EC)THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Directive 86/362/EEC of 24 July 1986 on the fixing of maximum levels for pesticide residues in and on cereals(1), as last amended by Commission Directive 2003/113/EC(2), and in particular Article 7(2)(b) thereof,Having regard to Council Directive 90/642/EEC of 27 November 1990 on the fixing of maximum levels for pesticide residues in and on certain products of plant origin, including fruit and vegetables(3), as last amended by Directive 2003/113/EC, and in particular Article 4(2)(b) thereof,Whereas:(1) The Commission should progressively work towards a system which would permit the estimation of dietary exposure to actual pesticide. To make realistic estimations possible, data on the monitoring of pesticide residues should be available in a number of food products which constitute major components of the European diet. It is generally recognised that major components of the European diet are constituted by some 20 to 30 food products. In view of the resources available at national level for pesticide residue monitoring, Member States are only able to analyse samples of eight products each year within a coordinated monitoring programme. Pesticide uses show changes within the timescale of the three-year period. Each pesticide should thus generally be monitored in 20 to 30 food products over a series of three-year cycles.(2) Residues of all the pesticides covered by this Recommendation should be monitored in 2004, as this will allow use of these data for the estimation of actual dietary exposure to them.A systematic statistical approach to numbers of samples to be taken in each coordinated monitoring exercise is necessary. Such an approach has been set out by the Commission of the Codex Alimentarius(4). Based on a binomial probability distribution it can be calculated that examination of 613 samples gives a confidence of more than 99 % detecting one sample containing pesticide residues above the limit of determination (LOD) where less than 1 % of products of plant origin contain residues above the LOD. Collection of these samples should be apportioned between Member States on the basis of population and consumer numbers, with a minimum of 12 samples per product and per year.(3) A new guideline concerning quality control procedures for pesticide residue analysis has been published by the Commission(5). It is agreed that these guidelines should be implemented as far as possible by the analytical laboratories of the Member States and should be reviewed continuously in the light of experience gained in the monitoring programmes.(4) Article 4(2)(a) of Directive 90/642/EEC and Article 7(2)(a) of Directive 86/362/EEC require Member States to specify the criteria applied in drawing up their national inspection programmes. Such information should include: (i) the criteria applied in determining the numbers of samples to be taken and analyses to be carried out, the reporting levels applied and the criteria by which the reporting levels have been fixed; (ii) details of accreditation under Council Directive 93/99/EEC of 29 October 1993 on the subject of additional measures concerning the official control of foodstuffs(6) of the laboratories carrying out analyses; and (iii) the number and type of infringements and the action taken.(5) Information on the results of monitoring programmes is particularly appropriate for treatment, storage and transmission by electronic/informatic methods. Formats have been developed for supply of data by e-mail from the Member States to the Commission. Member States should therefore be able to send their reports to the Commission in the standard format. The further development of such a standard format is most effectively undertaken by the development of guidelines by the Commission.(6) The measures provided for in this recommendation are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,HEREBY RECOMMENDS:1. Member States are invited to take and analyse samples for the product/pesticide residue combinations set out in Annex I, on the basis of the number of samples of each product allocated to them in Annex II, reflecting, as appropriate, the national, Community and third country share of the Member State's market.Preferably for pesticides posing an acute risk, e.g. OP-esters, endosulfan and N-methylcarbamates, selected samples of the products: apples, tomatoes, lettuce, leek and head cabbage should also be subjected to individual analysis of the individual units in the second laboratory sample in case such pesticides are detected and particularly if it is the produce of a single producer. The number of units should be in line with Commission Directive 2002/63/EC(7).Two samples should be taken. If the first laboratory sample contains a detectable residue of a targeted pesticide, the units of the second sample should be analysed individually.2. Member States are invited to report the results of the analysis of samples tested for the product/pesticide residue combinations set out in Annex I by 31 August 2005 at the latest, indicating:(a) the analytical methods used and reporting levels achieved, in accordance with the quality control procedures set out in the quality control procedures for pesticide residue analysis;(b) the number and type of infringements and the action taken.The report should be produced in a format, including the electronic format, conforming to the guidance(8) to the Member States with regard to implementation of Commission recommendations concerning coordinated Community monitoring programmes.3. Member States are invited to send to the Commission and to all other Member States, by 31 August 2005 at the latest, all the information as required by Article 7(3) of Directive 86/362/EEC and Article 4(3) of Directive 90/642/EEC concerning the 2004 monitoring exercise to ensure, at least by check sampling, compliance with maximum pesticide residue levels including:(a) the results of their national programmes concerning pesticide residues;(b) information on their laboratories' quality control procedures and, in particular, information concerning aspects of the guidelines concerning quality control procedures for pesticide residue analysis which they have not been able to apply or have had difficulty in applying;(c) information on accreditation in accordance with the provisions of Article 3 of Directive 93/99/EEC (including type of accreditation, accreditation body and copy of accreditation certificate) of the laboratories carrying out the analyses;(d) information about the proficiency tests and ring tests in which the laboratory has participated.4. Member States are invited to send to the Commission, by 30 September 2004 at the latest, their intended national programme for monitoring maximum pesticide residue levels fixed by Directives 90/642/EEC and 86/362/EEC for the year 2005, including information on:(a) the criteria applied in determining the number of samples to be taken and analyses to be carried out;(b) the reporting levels applied and the criteria by which the reporting levels have been fixed; and(c) details of accreditation, under Directive 93/99/EEC of the laboratories carrying out analyses.Done at Brussels, 9 January 2004.For the CommissionDavid ByrneMember of the Commission(1) OJ L 221, 7.8.1986, p. 37.(2) OJ L 324, 11.12.2003, p. 24.(3) OJ L 350, 14.12.1990, p. 71.(4) Codex Alimentarius, pesticide residues in foodstuffs, Rome 1994, ISBN 92-5-203271-1; Vol. 2, page 372.(5) Document Number SANCO/10476/2003, http://europa.eu.int/comm/food/fs/ ph_ps/pest/index_en.htm(6) OJ L 290, 24.11.1993, p. 14.(7) OJ L 187, 16.7.2002, p. 30.(8) Presented to and taken note of in the SCFCAH every year.ANNEX IPesticide/product combinations to be monitored>TABLE>(a) Pears, bananas, beans (fresh or frozen), potatoes, carrots, oranges/mandarines, peaches/nectarins, spinach (fresh or frozen).(b) Cauliflower, peppers, wheat, aubergines, rice, grapes, cucumber, peas (fresh/frozen, without pod).(c) Apples, tomatoes, lettuce, strawberries, leek, orange juice, head cabbage, rye/oats.ANNEX IINumber of samples of each product to be taken by each Member State>TABLE>


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31992H0241

92/241/EEC: Council recommendation of 31 March 1992 on child care

Official Journal L 123 , 08/05/1992 P. 0016 - 0018

COUNCIL RECOMMENDATION  of 31 March 1992  on child care  (92/241/EEC)THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Article 235 thereof,  Having regard to the proposal from the Commission (1),  Having regard to the opinion of the European Parliament (2),  Having regard to the opinion of the Economic and Social Committee (3),  Whereas the Community Charter of the Fundamental Social Rights of Workers, adopted in the Strasbourg European Council on 9 December 1989 by the Heads of State or Government of eleven Member States, lays down, in the third paragraph of point 16 in  particular, that:  'Measures should also be developed to enable men and women to reconcile their occupational and family obligations';  Whereas the Commission action programme implementing the Community Charter provides for this Recommendation;  Whereas in its Third Medium-Term Action Programme on Equal Opportunities for Women and Men (1991-1995), the Commission identified the need for further action in this area;  Whereas in its communication on family policies, sent to the Council on 24 August 1989, the Commission emphasized the importance of intensifying work relating to child care;  Whereas child-care methods, parental leave and maternity leave from part of a whole which enables people to combine their family responsibilities and occupational ambitions;  Whereas the Member States should take and/or encourage initiatives, taking into account the responsibilities of national, regional and local authorities, management and labour, other relevant organizations and private individuals, and/or in cooperation  with the various parties concerned;  Whereas the reconciliation of occupational, family and upbringing responsabilities arising from the care of children has to be viewed in a wide perspective which also takes into account the particular interests and needs of children at different age  levels, where it is important, in order to achieve this, to encourage an overall policy aimed at enabling such reconciliation to occur;  Whereas it is essential to promote the well-being of children and families, ensuring that their various needs are met and taking into account the fact that responsabilities arising from the care and upbringing of children continue up to and throughout  the period of children's schooling, and especially when they are younger;  Whereas in all Member States the demand for child-care services at prices affordable to parents exceeds the existing supply;  Whereas inadequate provision of child-care services at prices affordable to parents and other initiatives to reconcile responsibility for the family and the upbringing of children with the employment, or with the education and training of parents in  order to obtain employment constitutes a major barrier to women's access to and more effective participation in the labour market, on equal terms with men, the effective participation of women in all areas of society and the effective use of their  talents, skills and abilities in the current demographic situation;  Whereas, moreover, in this area, disparities exist between Member States and between regions within Member States;  Whereas, furthermore, better child-care services could facilitate freedom of movement of workers and mobility on the European labour market;  Whereas child-care services may be public or private, individual or collective in form;  Whereas child care is a broad concept which may involve the provision of child-care services which answer the needs of children, the grant of special leave to parents and the development of a working environment structure and organization which is  adapted to the sharing between women and men of occupational, family and upbringing responsibilities arising from the care of children;  Whereas in certain Member States, owing to the low level of national income and the need to impose strict limits on growth in public expenditure, the role of the public authorities may be subject to particular constraints;  Whereas the standard clause included in the Community support frameworks for structural policy stipulates that the actions and measures taken within such a framework must conform with and, where appropriate, contribute to the implementation of Community  policy and legislation relating to equality of opportunity between women and men, and that in particular, consideration must be given to training and infrastructure requirements which facilitate labour force participation by women with children;  Whereas, furthermore, in the NOW Community initiative (1991-1993), financed by the Structural Funds, for the promotion of equal opportunities for women in the fields of employment and vocational training, additional child-care measures are provided for  to assist women with children to have access to the labour market and to vocational training courses,  HEREBY RECOMMENDS AS FOLLOWS:  Article 1  Objective  It is recommended that Member States should take and/or progressively encourage initiatives to enable women and men to reconcile their occupational, family and upbringing responsibilities arising from the care of children.  Article 2  Areas of initiatives  For the purposes of Article 1, it is recommended that the Member States, taking into account the respective responsibilities of national, regional and local authorization, management and labour, other relevant  organizations and private individuals, and/or in cooperation with national, regional or local authorities, management and labour, other relevant organizations and private individuals, should take and/or encourage initiatives in the following four areas:   1. The provision of children-care services while parents:  - are working,  - are following a course of education or training in order to obtain employment  or  - are seeking a job or a course of education or training in order to obtain employment.  For the purposes of this Recommendation, 'child-care services' means any type of child care, whether public or private, individual or collective.  2. Special leave for employed parents with responsibility for the care and upbringing of children.  3. The environment, structure and organization of work, to make them responsive to the needs of workers with children.  4. The sharing of occupational, family and upbringing responsibilities arising from the care of children between women and men.  Article 3  Child-care services  As regards child-care services, it is recommended that the Member States, taking into account the respective responsabilities of national, regional and local authorities, management and labour, other relevant  organizations and private individuals, and/or in cooperation with national, regional or local authorities, management and labour, other relevant organizations and private individuals, should take and/or encourage initiatives to:  1. enable parents who are working, following a course of education or training in order to obtain employment or are seeking employment or a course of education or training in order to obtain employment to have as much access as possible to local  child-care services.  In this context, endeavours should in particular be made to ensure that:  - the services are offered at prices affordable to parents;  - they combine reliable care from the point of view of health and safety with a general upbringing and a pedagogical approach;  - the needs of parents and children are taken into account when access to services is determined;  - the services are available in all areas and regions of Member States, both in urban areas and in rural areas;  - the services are accessible to children with special needs, for example linguistic needs, and to children in single-parent families, and meet the needs of such children;  2. encourage flexibility and diversity of child-care services as part of a strategy to increase choice and meet the different preferences, needs and circumstances of children and their parents, while preserving coherence between different services;  3. endeavour that the training, both initial and continuous, of workers in child-care services is appropriate to the importance and the social and educative value of their work;  4. encourage child-care services to work closely with local communities through regular contact and exchanges of information, so as to be responsive to parental needs and particular local circumstances;  5. encourage national, regional or local authorities, management and labour, other relevant organizations and private individuals, in accordance with their respective responsibilities, to make a financial contribution to the creation and/or operation of  coherent child-care services which can be afforded by parents and which offer them a choice.  Article 4  Special leave  As regards special leave for employed parents with responsibility for the care and upbringing of children, it is recommended that Member States, taking into account the respective responsibilities of national, regional and  local authorities, management and labour, other relevant organizations and private individuals, and/or in cooperation with national, regional or local authorities, management and labour, other relevant organizations and private individuals, should take  and/or encourage initiatives, to take realistic account of women's increased participation in the labour force.  These initiatives should concern, for example, special leave enabling employed parents both men and women, who so desire properly to discharge their occupational, family and upbringing responsibilities, with, inter alia, some flexibility as to how leave  may be taken.  Article 5  Environment, structure and organization of work  As regards the environment, structure and organization of work, it is recommended that Member States, taking into account the respective responsibilities of national, regional and local  authorities, management and labour, other relevant organizations and private individuals, and/or in cooperation with national, regional or local authorities, management and labour, other relevant authorities and private individuals, should take and/or  encourage initiatives to:  1. support action, in particular within the framework of collective agreements, to create an environment, structure and organization of work which take into account the needs of all working parents with responsibility for the care and upbringing of  children;  2. ensure that due recognition is given to persons engaged in child-care services as regards the way in which they work and the social value of their work;  3. promote action, especially in the public sector, which can serve as an example in developing initiatives in this area.  Article 6  Sharing of responsibilities  As regards responsibilities arising from the care and upbringing of children, it is recommended that Member States should promote and encourage, with due respect for freedom of the individual, increased  participation by men, in order to a achieve a more equal sharing of parental responsibilities between men and women and to enable women to have a more effective role in the labour market.  Article 7  Commission report  The Member States shall inform the Commission, within three years of the date of the adoption of this Recommendation, of the measures taken to give effect to it, in order to enable the Commission to draw up a report on its  implementation. Done at Brussels, 31 March 1992. For the Council  The President  Vitor MARTINS   (1) OJ No C 242, 17. 9. 1991, p. 3. (2) OJ No C 326, 16. 12. 1991, p. 279. (3) OJ No C 40, 17. 2. 1992, p. 88.