Avis juridique important

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32003H0047

Commission Recommendation of 15 January 2003 on the guidelines to assist a Member State in the preparation of a national emission reduction plan further to the provisions of Directive 2001/80/EC on the limitation of emissions of certain pollutants into the air from large combustion plants (Text with EEA relevance) (notified under document number C(2003) 9)

Official Journal L 016 , 22/01/2003 P. 0059 - 0067

Commission Recommendationof 15 January 2003on the guidelines to assist a Member State in the preparation of a national emission reduction plan further to the provisions of Directive 2001/80/EC on the limitation of emissions of certain pollutants into the air from large combustion plants(notified under document number C(2003) 9)(Text with EEA relevance)(2003/47/EC)THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Directive 2001/80/EC of the European Parliament and of the Council of 23 October 2001 on the limitation of emissions of certain pollutants into the air from large combustion plants(1) and, in particular, Article 4(6) fifth subparagraph (d) thereof,Whereas:(1) Under Directive 2001/80/EC, Member States are required to reduce emissions from existing large combustion plants commencing no later than 1 January 2008.(2) The Directive provides two options to reduce emissions from existing plants, either by the application of specified emission limit values or through the implementation of a national emission reduction plan for such plants.(3) The Commission is requested to develop guidelines to assist any Member State that chooses the option of a national emission reduction plan to prepare such a plan,HEREBY RECOMMENDS:1. A Member State that chooses the option of a national emission reduction plan as a means of applying the requirements of Directive 2001/80/EC to existing plants under Article 4(6) of the Directive should take into account the guidance provided in the Annex to this Recommendation.2. This Recommendation is addressed to the Member States.Done at Brussels, 15 January 2003.For the CommissionMargot WallströmMember of the Commission(1) OJ L 309, 27.11.2001, p. 1.ANNEX1. INTRODUCTIONFurther to Article 4(3) of Directive 2001/80/EC Member States are required to achieve significant emission reductions from existing plants by 1 January 2008 at the latest by either of the following two compliance options identified in Article 4(3):- Option 1: Compliance with the emission limit values (ELVs). Under this approach, compliance with the new directive will be achieved if the operation of all existing plants is within the emission limit values (ELVs) stated in Part A of Annexes III to VII in respect of SO2, NOx and dust, and, where appropriate, applying Articles 5, 7 and 8 of Directive 2001/80/EC.- Option 2: Implementation of a national emission reduction plan. As an alternative to the ELV approach, Member States can implement a national emission reduction plan referred to in Article 4(6). The plan "shall reduce the total annual emissions of nitrogen oxides (NOx), sulphur dioxide (SO2) and dust from existing plants to the levels that would have been achieved by applying the emission limit values ... to the existing plants in operation in the year 2000, ... on the basis of each plant's actual annual operating time, fuel used and thermal input, averaged over the last five years of operation up to and including 2000". In addition, "The closure of a plant included in the national emission reduction plan shall not result in an increase in the total annual emissions from the remaining plants covered by the plan." Furthermore, a plan "shall comprise objectives and related targets, measures and timetables for reaching these objectives and targets, and a monitoring mechanism."Existing plants may be exempt from the ELVs specified in Directive 2001/80/EC or from inclusion in a national emission reduction plan if they opt for the limited operating life derogation (Article 4(4)). This derogation will apply if "the operator of an existing plant undertakes, in a written declaration submitted by 30 June 2004 at the latest to the competent authority, not to operate the plant for more than 20000 operational hours starting from 1 January 2008 and ending no later than 31 December 2015;".Further to Article 4(6), fifth subparagraph (d), of the Directive the Commission is requested to develop guidance to assist any Member State that chooses the national emission reduction plan option.1.1. Relationship between the national emission reduction plan under the new LCPD and other key policiesA Member State preparing a national emission reduction plan under Directive 2001/80/EC should also take into account obligations under other Community legislation, notably the IPPC Directive (Council Directive 96/61/EC (OJ L 257, 10.10.1996, p. 26)). Directive 2001/80/EC specifically states that "The national emission reduction plan may under no circumstances exempt a plant from the provisions laid down in relevant Community legislation, inter alia Directive 96/61/EC." Under Article 5 of the IPPC Directive, existing installations will have to comply with the requirements of that Directive by 30 October 2007.1.2. Profile of existing combustion plants in a hypothetical Member StateA Member State that chooses to prepare a national emission reduction plan should compile a list of the plants to be included in the plan along with data on fuels used, operating characteristics and circumstances. This data should be compiled and presented as shown in table A.1 in Appendix A. Some data may need to be derived by calculation (e.g. annual average waste gas flow). Key data for each of the plants should include:- fuel types,- capacity of plant,- annual operating time (where low operating time derogations are relevant),- latest annual emissions of SO2, NOx and dust (not mandatory but useful to help identify compliance measures),- annual average unabated emissions of SO2 from 1996 to 2000 (where the desulphurisation rate approach is used to calculate plant contribution to emission targets), and- annual average waste gas flow rate from 1996 to 2000 (used to calculate the plant contribution to emission targets, except where the desulphurisation rate approach is used).2. DETERMINATION OF OBJECTIVES OF A NATIONAL EMISSION REDUCTION PLANThe objectives of a national emission reduction plan will comprise total emission targets for SO2, NOx and dust. The emissions from all combustion plants as a whole that are included within the plan must be below the targets within the relevant compliance time scales.Emission targets must be calculated for a Member State, based on the contributions from each individual plant as shown in table A.2 of the Appendix.2.1. Individual plant contributions to total emission targetsIn accordance with the requirements of Article 4(6), each plant's contribution to SO2, NOx and dust emission targets can be calculated using the following equation:Plant contribution to target (tpa) = Waste gas flow rate (Nm3pa) x ELV (mg/Nm3) x 1,0x10-9Where:- waste gas flow rate is the volumetric flow rate of waste gases shown in the table in the guidance document in million cubic metres per annum, averaged over the last five years of operation up to and including 2000. It is expressed at standard temperature (273 K) and pressure (101,3 kPa), at the relevant oxygen reference conditions and after correction for the water vapour content,- ELV is the emission limit value expressed in mg/Nm3, assuming an oxygen content by volume in the waste gas of 3 % in the case of liquid and gaseous fuels and 6 % in the case of solid fuels,- Tpa = tonnes per annumThe above equation will apply in all cases except where the desulphurisation rate approach for SO2 may apply (refer to Annex III of the directive, Nota Bene in Part A). In such cases, a plant's contribution to the SO2 emission target can be calculated using the following equation:Plant contribution to target (tpa) = Unabated SO2 emissions (tpa) x (1 - (desulphurisation rate %/100))Where:- unabated SO2 emissions represent the annual emissions of SO2, averaged over the last five years of operation up to and including 2000, expressed in tonnes per annum, as determined prior to any abatement in desulphurisation plant (including retention of sulphur within the plant and ash), and- desulphurisation rate is the rate of desulphurisation as defined in Article 2(4) of the Directive.2.2. Compliance timetableThe provisions of the directive include more stringent emission limit values (ELVs) applicable from 2016 and 2018. Therefore there are three compliance periods, namely:- 1 January 2008 to 31 December 2015 (the ELVs apply in general from 1 January 2008),- 1 January 2016 to 31 December 2017 (from 1 January 2016 the more stringent NOx ELV for solid fuel plants  >500MWth applies and more stringent NOx and SO2 ELV derogations for low operating hours solid fuel plants apply), and- 1 January 2018 onwards (from 1 January 2018 the NOx ELV derogation for plants using solid fuels whose volatile content <  10 % expires).2.3. Total emission targetsThe size of the total emission targets for SO2, NOx and dust can be determined by adding up the individual plant contributions to the respective emission targets:Member State emission target (tpa) = [sum     ] (individual plant contribution to target)Potential changes to the emission targets, in comparison to the targets in the Member State's national emission reduction plan submitted to the Commission by 27 November 2003, could relate to:- the NOx low load factor derogation for solid fuel plants  > 500MWth. This is based on the five year annual average operating time from 2008 onwards. Member States would be expected to nominate specific plants in their plan that will avail of this provision in the plan that is communicated to the Commission. Such nominations could, however, subject to the approval of the competent authority, change during the implementation of the plan so long as compensating measures that are consistent with the Directive and that deliver the same overall emission target are implemented,- the limited life derogation. Operators have until 30 June 2004 to notify the competent authority if they seek to be exempt from inclusion within the plan by opting for the limited operating life derogation (Article 4(4)). In the case where an operator decides to opt for the limited operating life derogation after their Member State's communication to the Commission but before 30 June 2004, the Member States should submit any necessary amendment to the plan.3. MEASURES TO COMPLY WITH OBJECTIVESMember States should describe the measures envisaged to deliver the necessary emission reductions to comply with Directive 2001/80/EC under a national emission reduction plan.Firstly, the minimum emissions reductions required to comply with the targets should be calculated, by subtracting the annual emission targets from the latest annual emissions as shown in table 1 overleaf.Table 1Determination of emission reductions to comply with emission targets for a hypothetical Member State>TABLE>Note:Numbers in the table above are for illustration purposes only.Secondly, after calculating the minimum required emissions reductions and the emission targets that must be respected, measures that would achieve these reductions should be identified. For example, compliance with the plan can be achieved by fuel switching, combustion modifications, abatement techniques, load factor management, etc. The process of determining the actual compliance measures will be a matter for individual Member States, taking into account, for example, cost-effectiveness, practicability, impact on security and diversity of their energy supplies, obligations under other Community legislation and other relevant constraints.An example of measures that would enable compliance with the targets is presented in table A.3 in the Appendix. The measures listed in the table and communicated to the Commission in the National Emission Reduction Plan do not preclude other measures that are consistent with the directive from being implemented, subject to the approval of competent authorities and provided compliance with the targets for the Member State is achieved.4. TIMETABLEThe timetable for a Member State choosing to pursue the National plan option with key dates is shown in table 2 below.Table 2Key milestones in implementing a national emission reduction plan under Directive 2001/80/EC>TABLE>5. MONITORING MECHANISM5.1. Regulation by competent authoritiesCommencing on 1 January 2008 a number of monitoring and reporting measures should be implemented, in particular:- operators will be required to estimate total annual emissions of SO2, NOx and dust to the satisfaction of the competent authority; confirm applicability of the low operating time derogation for NOx and report time used/unused for plants excluded under the limited life derogation,- competent authorities will be required to verify operators' estimates of total annual emissions of SO2, NOx and dust for all plants included in the plan and compare these totals with the emission targets. They will be responsible for regulating those plants included in the plan to ensure that total annual emissions are below the emission targets. Furthermore, they should put a mechanism in place that allows any closures of plant included in the plan to be identified and they should ensure that any plant closures will not result in an increase in the total annual emissions from the remaining plants covered by the plan, and- Member States should also ensure that there are mechanisms in place to approve any changes to the measures that were originally envisaged to comply with the emission reductions in the national emission reduction plan.5.2. Reporting to the CommissionObligations for reporting from a Member State to the Commission are set out in Annex VIII Section B of Directive 201/80/EC. In addition, Member States may wish to, and would be recommended to, set up an annual national reporting system to confirm performance against the targets.Appendix AILLUSTRATIVE TABLES SHOULD BE INCLUDED IN THE NATIONAL EMISSION REDUCTION PLAN ((Entries in the rows and columns of the tables in this Appendix are by way of example only.))>TABLE>>TABLE>>TABLE>


title: Commission Recommendation of 13 June 2007 identifying a set of actions for the enforcement of Council Regulation (EC) No 338/97 on the protection of species of wild fauna and flora by regulating trade therein (notified under document number C(2007) 2551)

text:
               20.6.2007

               EN

               Official Journal of the European Union

               L 159/45

      COMMISSION RECOMMENDATION

   of 13 June 2007
   identifying a set of actions for the enforcement of Council Regulation (EC) No 338/97 on the protection of species of wild fauna and flora by regulating trade therein
   (notified under document number C(2007) 2551)
   (2007/425/EC)
   THE COMMISSION OF THE EUROPEAN COMMUNITIES,
   Having regard to the Treaty establishing the European Community, and in particular Article 211 thereof,
   Whereas:

               (1)

               Illegal trade in specimens of species included in Council Regulation (EC) No 338/97 of 9 December 1996 on the protection of species of wild fauna and flora by regulating trade therein (1) implementing the Convention on International Trade in Endangered Species of Wild Flora and Fauna (hereinafter CITES) causes serious damage to wildlife resources, reduces the effectiveness of wildlife management programmes, undermines legal, sustainable trade and threatens sustainable development particularly in the developing economies of many producing countries.

               (2)

               Addressing the root causes of illegal wildlife trade is important in order to underpin enforcement efforts.

               (3)

               In accordance with Article 14 of Regulation (EC) No 338/97, the Member States shall take appropriate steps to ensure compliance with, and enforcement of Regulation (EC) No 338/97 and where necessary, to instigate legal action.

               (4)

               In accordance with Article 15 of Regulation (EC) No 338/97, the Member States and the Commission must ensure that the necessary steps are taken to make the public aware and inform it of the provisions regarding implementation of CITES and of the Regulation.

               (5)

               In accordance with Article 16 of Regulation (EC) No 338/97 Member States must ensure the imposition of sanctions for infringements thereof that are appropriate to their nature and gravity.

               (6)

               According to settled case law of the Court of Justice, it is the responsibility of the Member States to ensure that penalties for infringements of Community law are effective, dissuasive and proportionate.

               (7)

               In accordance with Article 10 of the EC Treaty, co-ordination and co-operation amongst Member States and their authorities is essential to ensure the effective enforcement of Regulation (EC) No 338/97.

               (8)

               Application of Regulation (EC) No 338/97 requires international co-operation, which is also fundamental to fulfilling the objectives of CITES.

               (9)

               The Commission Study on Enforcement of the EU Wildlife Trade Regulations in the EU-25, published in November 2006, recognises the need to identify priority areas for coordinated work and to develop a set of common guidelines to facilitate the application of Regulation (EC) No 338/97.

               (10)

               In its December 2006 conclusions on halting the loss of biodiversity (2), the Council calls upon the Member States to reinforce efforts to combat illegal trade in CITES listed species and calls upon Member States and the Commission to strengthen a coordinated response and actions for the enforcement of CITES.

               (11)

               The set of actions set out in this Recommendation reflects discussions held in the context of the Enforcement Group set up under Article 14 of Regulation (EC) No 338/97 and of the Committee on Trade in Wild Fauna and Flora, established under Article 18 of the same Regulation,

         HEREBY RECOMMENDS:

               I.

               Actions identified by this Recommendation should be carried out by Member States in order to facilitate the enforcement of Regulation (EC) No 338/97.

               II.

               In order to increase enforcement capacity, Member States should take the following actions:

                           (a)

                           adopting national action plans for coordination of enforcement; these should have clearly defined objectives and time frames, and should be harmonised and reviewed on a regular basis;

                           (b)

                           ensuring that all relevant enforcement agencies have adequate financial and personnel resources for the enforcement of Regulation (EC) No 338/97 and that they have access to specialized equipment and relevant expertise;

                           (c)

                           ensuring that penalties for infringements of Regulation (EC) No 338/97 act as a deterrent against wildlife trade crime, in accordance with settled case law of the Court of Justice, are consistent as to their application and, in particular, that they take into account inter alia the market value of the specimens, the conservation value of the species involved in the offence and the costs incurred;

                           (d)

                           for the purpose of point (c), carrying out training or awareness raising activities for enforcement agencies, prosecution services and the judiciary;

                           (e)

                           ensuring that all relevant enforcement agencies have access to adequate training on Regulation (EC) No 338/97 and on identification of species;

                           (f)

                           ensuring the provision of adequate information to the public and stakeholders with a view, in particular, to raising awareness about the negative impacts of illegal wildlife trade;

                           (g)

                           in addition to the checks at border-crossing points required under Regulation (EC) No 338/97, ensuring in-country enforcement, in particular through regular checks on traders and holders such as pet shops, breeders and nurseries;

                           (h)

                           using risk and intelligence assessments systematically in order to ensure thorough checks at border-crossing points as well as in-country;

                           (i)

                           ensuring that facilities are available for the temporary care of seized or confiscated live specimens and mechanisms are in place for their long-term re-homing, where necessary.

               III.

               In order to increase co-operation and information exchange, Member States should take the following actions:

                           (a)

                           establishing procedures for co-ordinating enforcement among all their relevant national authorities through, inter alia, the establishment of inter-agency committees as well as memoranda of understanding and other inter-institutional cooperation agreements;

                           (b)

                           facilitating access for relevant enforcement officers to existing resources, tools and channels of communication for the exchange of information relating to the enforcement of Regulation (EC) No 338/97 and CITES, so that all relevant information is made available to enforcement officers at all levels, including front line staff;

                           (c)

                           appointing national focal points for the exchange of wildlife trade information and intelligence;

                           (d)

                           sharing relevant information about significant trends, seizures and court cases at the regular meetings of the Enforcement Group as well as intersessionally;

                           (e)

                           co-operating with relevant enforcement agencies in other Member States on investigations of offences under Regulation (EC) No 338/97;

                           (f)

                           using the means of communication, coordination and know-how of the European Anti-fraud Office in co-ordinating investigations at Community level;

                           (g)

                           exchanging information on penalties for wildlife trade offences to ensure consistency in application;

                           (h)

                           assisting in capacity building for application of the Regulation (EC) No 338/97 in other Member States including through training programmes and by sharing training manuals and materials;

                           (i)

                           making available to other Member States, existing awareness-raising tools and materials aimed at the public and stakeholders;

                           (j)

                           assisting other Member States with the temporary care and long-term re-homing of seized or confiscated live specimens;

                           (k)

                           liaising closely with CITES Management Authorities and law enforcement agencies in source, transit and consumer countries outside of the Community as well as the CITES Secretariat, ICPO Interpol and the World Customs Organization to help detect, deter and prevent illegal trade in wildlife through the exchange of information and intelligence;

                           (l)

                           providing advice and support to CITES Management Authorities and law enforcement agencies in source, transit and consumer countries outside of the Community to facilitate legal and sustainable trade through correct application of procedures;

                           (m)

                           supporting capacity-building programmes in third countries in order to improve implementation and enforcement of CITES, inter alia, through Development Co-operation funds and in the framework of a future ‘Aid for Trade Strategy’ (3);

                           (n)

                           fostering inter-regional collaboration to combat illegal wildlife trade inter alia by building links with other regional and sub-regional initiatives.

               IV.

               Information concerning the measures taken on the basis of this Recommendation should be transmitted to the Commission at the same time as the information referred to in Article 15(4)(c) of Regulation (EC) No 338/97.

      Done at Brussels, 13 June 2007.

            For the Commission

         Stavros DIMAS

            Member of the Commission

      (1)  OJ L 61, 3.3.1997, p. 1. Regulation as last amended by Commission Regulation (EC) No 1332/2005 (OJ L 215, 19.8.2005, p. 1).

      (2)  2773rd Environment Council meeting on 18 December 2006.

      (3)  Communication from the Commission to the Council, the European Parliament, the European Economic and Social Committee and the Committee of the Regions Towards an EU Aid for Trade strategy — the Commission's contribution (COM(2007) 163 final).


Avis juridique important

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31978H0519

78/519/EEC: Commission Recommendation of 26 May 1978 to Ireland regarding draft Regulations implementing Council Directive 74/562/EEC on admission to the occupation of road passenger transport operator in national and international transport operations

Official Journal L 159 , 17/06/1978 P. 0037 - 0039

COMMISSION RECOMMENDATION of 26 May 1978 to Ireland regarding draft Regulations implementing Council Directive 74/562/EEC on admission to the occupation of road passenger transport operator in national and international transport operations (78/519/EEC) Under cover of a letter dated 2 August 1977, the Office of the Irish Permanent Representative to the European Communities forwarded to the Commission, for consultation purposes, the text of draft Regulations implementing the Council Directive 74/562/EEC of 12 November 1974 on admission to the occupation of road passenger transport operator in national and international transport operations (1).  This notification was made pursuant to Article 6 (1) of the Directive.  The Commission regrets the tardy notification of the implementing measures : not only has the Irish Government thereby exceeded the time limit for fulfilling the obligations incumbent upon it under Article 6 of the Directive 74/562/EEC but also it has made it impossible for the Commission to deliver this recommendation in good time.  The Commission makes the following recommendation regarding the draft Regulations:    1. The Commission notes that the Irish Government's draft Regulations satisfy in principle the provisions of the Community Directive, as regards admission to the occupation of road passenger transport operator, subject to approval of the implementing measures which have yet to be taken and of the following amendments to be made to them.       2. Article 2 of the draft Regulations contains the following definition : ""road passenger transport business" means any business conducted by a person while engaged in the occupation of road passenger transport operator but does not include the business of offering or organizing road passenger transport where the person carrying on the business is neither the owner of a vehicle used in the provision of such transport nor the holder of a public service vehicle licence granted in respect of such a vehicle."  The Commission notes that this definition refers only to the professional activity of persons and not of undertakings. Furthermore the fact that the definition of the road passenger transport business excludes transport services provided by persons who do not own the vehicles whereby they provide such services or who are not holders of a public service vehicle licence is a substantial departure from the definition of the occupation of road passenger transport operator set out in Article 1 (2) of the Directive.  The Commission recommends that the wording of this definition in Article 2 of the draft Regulations be amended to bring it into line with the definition set out in the Directive.       3. Article 3 (1) of the draft Regulations prohibits, from 1 January 1978, any person engaged in the occupation of road passenger transport operator from carrying passengers, if such a person is not the holder of an international or national road passenger certificate. This Article thus refers only to "persons" not otherwise defined and does not cover undertakings.  The Irish Government has explained that in its national legislation the term "person" covers both natural and legal persons.  However, in view of the definition of the term "undertakings" contained in the second subparagraph of Article 1 (2) of the Community Directive, which covers associations, groups and bodies, some of which may not fall within the categories of natural and legal persons, the Commission recommends that the Irish  (1) OJ No L 308, 19.11.1974, p. 23.  Government state explicitly that the provisions of the proposed Regulations apply to the admission of both persons and undertakings to the occupation of road passenger transport operator.       4. The Commission also notes that Article 3 (2) of the draft Regulations exempts certain categories of transport operation from the application of Article 3 (1) of the draft Regulations (the possession of a road passenger certificate constituting proof of satisfaction of the conditions of good repute, financial standing and professional competence).  However, Article 1 (3) of the Directive provides for the possibility of exemption not for certain types of transport operation, but for natural persons or undertakings engaged exclusively in certain transport operations.  The Commission therefore recommends, in the interests of clarity, that Article 3 (2) of the draft Regulations be amended to ensure compliance with Article 1 (3) of the Directive.       5. The Commission also notes that the Article 3 (2) of the draft Regulations exempts certain categories of transport operation from the requirement of possession of a road passenger certificate. It has the following comments to make:  As regards the exemption provided for by subparagraph (a) of Article 3 (2) of the draft Regulations on the carriage of children, the Commission has no objections to this, since these transport operations are carried out by persons whose principal activity is not that of road passenger transport operator, as long as this activity complies with the condition set out in Article 1 (3) of the Directive that it should have only a minor impact on the transport market.  As regards the other exemptions provided for in subparagraphs (b), (c) and (d) of Article 3 (2) of the draft Regulations (carriage of passengers to or from work, carriage of persons to or from school and the carriage of passengers by voluntary organizations), the Commission has no objections to these in so far as these transport services are provided exclusively for non-commercial purposes, as laid down in Article 1 (3) of the Community Directive.  Finally, subparagraph (e) of Article 3 (2) of the draft Regulations also exempts the following category of transport from possession of a road passenger certificate:  "- carriage of passengers in a mechanically propelled vehicle which complies with the conditions specified in paragraphs (a) and (b) of section 6 (1) of the Road Transport Act, 1935 (No 23 of 1935), [i.e. a vehicle constructed or adapted for the carriage of passengers by road with sitting accommodation for more than six persons excluding the driver and owned by a person who, if an individual, resides outside Ireland or, if a partnership, has its principal place of business outside Ireland or, if a company, has its registered office outside Ireland] and is being used in the course of a passenger road service which is under a road passenger licence and is carried on only on one or more occasions specified in the licence or in the course of international transport."  The Commission is of the opinion that the transport operations referred to above fall within the scope of the Directive as they do not fall within the category of transport operations exempted by Article 1 (3) of the Directive, i.e. certain passenger transport services carried out by natural persons or undertakings for exclusively non-commercial purposes or by natural persons or undertakings having a main occupation other than that of road passenger transport operator, in so far as their transport operations have only a minor impact on the transport market.  The Commission therefore recommends that Article 3 (2) of the draft Regulations be amended to take account of this.       6. As regards the principle of good repute, the Commission notes that Article 2 (2) of the Directive states that, pending coordination at a later date, each Member State shall determine the provisions relating to good repute which must be satisfied by the applicant.  The Commission, however, considers that the provisions of the draft Regulations, in particular paragraphs (5), (7) and (9) of Article 5, are unclear and incomplete.  In the interests of clarity, the Commission asks the Irish Government to incorporate new provisions in the draft Regulations defining the conditions regarding good repute which must be satisfied.       7. Paragraphs (1) and (2) of Article 8 of the draft Regulations grant temporary permission to carry on a road transport business in the event of the death or illness of the holder of a road passenger certificate.  The Commission considers that these provisions do not fully meet the requirements of Article 3 (1) of the Community Directive, in that:      - the draft Regulations do not define the conditions under which a business can continue to be run;           - they refer only to death and incapacity caused by ill-health, but do not mention legal incapacity.              The Commission therefore recommends that the Irish Government amend paragraphs (1) and (2) of Article 8 of the draft Regulations to satisfy the requirements of Article 3 (1) of the Community Directive.       8. Article 13 (4) of the draft Regulations provides that a certificate of professional competence may be granted by the Minister to any applicant if he holds:      - a Chartered Institute of Transport Intermediate or Final examination pass, or           - a university degree or other third level qualification which has called for a study of transport, or           - any other qualification which the Minister is satisfied is equivalent to the qualifications referred to above.             The Commission notes that Article 2 (4) of the Community Directive allows Member States to exempt the applicant from having to furnish proof of professional competence if he holds certain advanced diplomas or technical diplomas implying sound knowledge of the subjects listed in the Annex to the Directive. This provision implies that Member States which decide to make use of this option must establish exactly which diplomas may justify the exemption in question.  It follows that the provision in the draft Regulation which leaves it to the Minister's discretion to decide whether a professional qualification is equivalent to that called for in the Community Directive is not compatible with Article 2 (4) of the Directive and should therefore be deleted.       9. Subparagraph (a) of Article 13 (5) of the draft Regulations states : "Where a person satisfies the Minister that he holds a qualification and that the holding of such a qualification implies that the holder thereof has a knowledge sufficient for the purpose of these Regulations of one or more of the subjects listed in the Annex to the Directive, the Minister may grant to the person an exemption as regards that subject or subjects."  This partial exemption from the requirement to furnish proof of knowledge of one or more subjects does not comply with Article 2 (4) of the Directive, which lays down : "The Member States may exempt from the application of these provisions the holders of certain advanced diplomas or technical diplomas implying sound knowledge of the subjects listed in the Annex."  The Commission therefore recommends that subparagraph (a) of Article 13 (5) of the draft Regulations be amended to ensure compliance with Article 2 (4) of the Directive.  Done at Brussels, 26 May 1978.  For the Commission  Richard BURKE  Member of the Commission


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

text:
               29.7.2014

               EN

               Official Journal of the European Union

               C 247/12

         COUNCIL RECOMMENDATION
   of 8 July 2014
   on the National Reform Programme 2014 of the Czech Republic and delivering a Council opinion on the Convergence Programme of the Czech Republic, 2014
   2014/C 247/03
   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(2) 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 (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 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 (3) on the Czech Republic's National Reform Programme for 2013 and delivered its opinion on the Czech Republic'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 of the European Parliament and of the Council (4), the Commission adopted the Alert Mechanism Report, in which the Czech Republic was not identified 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 16 April 2014, the Czech Republic submitted its 2014 National Reform Programme and, on 28 April 2014, its 2014 Convergence Programme. In order to take account of their interlinkages, the two programmes have been assessed at the same time.

               (8)

               The objective of the budgetary strategy outlined in the 2014 Convergence Programme is to keep the general government deficit below the 3 % of GDP Treaty reference value over the programme period. The Convergence Programme mentions the medium‐term objective of ‐ 1 % of GDP, which reflects the requirements of the Stability and Growth Pact. While the budgetary strategy is in line with the Stability and Growth Pact in2014, the required adjustment in structural terms is not expected to be met in 2015 as the recalculated structural balance is projected to deteriorate by 0,6 percentage points. In addition, government expenditure is expected to grow at a pace not consistent with the expenditure benchmark. The recalculated structural balance is foreseen to deviate from the required adjustment path also in 2016 and 2017 with the recalculated structural balance projected at ‐ 1,6 % and ‐ 1,9 % of GDP respectively. Overall, a risk of deviation from the adjustment path towards the medium‐term objective is to be expected as of 2015. According to the Convergence Programme, the debt ratio, which is below the 60 % of GDP reference value, is projected to fall temporarily by 1,1 percentage points to 45 % of GDP in 2014 and to increase to 46 % of GDP in 2015. The macroeconomic scenario underpinning the budgetary projections in the Convergence Programme is plausible. The Czech economy is expected to grow by 1,7 % in 2014 and 2 % in 2015 according to the Convergence Programme compared to 2 % and 2,4 % envisaged by the Commission services 2014 Spring forecast. The main risks to the budgetary outlook stem from high uncertainty about the future development of public investment and from a potential one‐off expenditure related to the planned lease contract for fighter jets with an expected deficit‐increasing impact of 0,5 % of GDP in 2015.
               According to the Commission forecast there is a risk of significant deviation from the medium‐term objective in 2015. The difference with the Convergence Programme scenario lies in different assumptions on policies and discretionary measures in 2015. Based on its assessment of the Convergence Programme and the Commission forecast, pursuant to Regulation (EC) No 1466/97, the Council is of the opinion that the deficit has been sustainably brought below 3 % of GDP in 2013, in line with the Council recommendation, and that while the medium‐term objective is expected to be reached in 2014, there is a risk of significant deviation from it as of 2015.

               (9)

               The Czech Republic has emerged from a two‐year long recession and is now faced with the challenge of achieving sustained high‐growth, in a context of rapid population ageing. Public investment has been on a steep declining path in recent years and investment in infrastructure has particularly suffered. The growth model of the Czech economy before the crisis relied on large inflows of foreign capital and a strong export orientation. As room for catching‐up based on the accumulation of production factors (including foreign capital) appears limited, redirecting the economy towards domestic drivers of growth would open up new avenues to productivity gains. Essential elements of this process include supporting education, training and innovation and strengthening institutions.

               (10)

               The Government has recently approved the Treaty on Stability, Coordination and Governance, although its ratification by Parliament is still pending. Work on a comprehensive reform of the fiscal framework began in 2011 but its adoption and implementation are still uncertain. The adoption of the relevant legislation ensuring compliance with Council Directive 2011/85/EU (5) has also been delayed.

               (11)

               In the field of taxation, the key challenges for the Czech Republic are to make revenue collection more efficient and achieve a more growth‐friendly tax structure. The Czech Republic took some measures to improve tax compliance, in particular in the area of indirect taxation, but the overall cost of compliance is still too high. In this context, the tax bases (income taxes, health and security contributions) have not yet been harmonised and the establishment of a single collection point foreseen in 2015 was cancelled. The Government however announced its intention to address the issue of the harmonisation of the tax bases. The 2013 recommendations regarding the taxation structure have not been followed up. Labour taxation remains high, especially for low‐income earners, including part‐time workers, in particular due to the elevated social security contributions. Some potential exists for a shift away from labour taxation to other areas, such as environmental and recurrent housing taxes, which are both relatively low. Significant discrepancies remain in the tax and social contributions treatment of employees and the self‐employed, which lead to the narrowing of the tax base and create incentives for bogus self‐employment with unfair consequences for those employed under a regular employment contract.

               (12)

               The Czech Republic faces medium sustainability risks in the long term largely due to projected increases in pensions and healthcare expenditure. According to the current legislation, the statutory retirement age is planned to increase over the long run but too slowly in the medium term. The Government plans to introduce a revision mechanism aligning the retirement age to changes in life expectancy but this is only a partial response to the sustainability gap challenge. Furthermore, the temporarily lower indexation of pensions will be terminated in 2015, a year earlier than planned, and the standard pension indexation mechanism (prices plus a third of the rise in real wages) has not been reviewed. Limited progress has been made in promoting the employability of older workers. No progress has been made in improving the cost‐effectiveness of public spending on healthcare. The in‐patient sector shows excess capacity pointing to room for possible improvements in cost‐effectiveness and governance.

               (13)

               Some initial steps have been made to improve the capacity and quality of the public employment service. These steps go in the right direction but their impact needs to be evaluated. Active labour market policies remain underfunded and do not effectively target women with young children, young people and older workers. Despite the relatively high overall employment rate, these groups remain under‐represented in the labour market. Limited access to affordable childcare facilities and services and a comparatively low take‐up of part‐time work hampers women's participation in the labour market. The gender pay gap in 2012 was still one of the largest in the Union.

               (14)

               The quality and labour market relevance of the Czech education system are a cause for concern. Some measures were taken to improve the evaluation framework in the compulsory education, but the follow‐up with schools and pupils with weaker outcomes remains a challenge. The attractiveness of the teaching professions is also an issue, which the Government intends to address. The low participation of Roma children in mainstream inclusive early childhood education and in primary education remains a challenge for their integration. The higher education reform has been delayed and no progress has been made on enhancing accreditation and funding in higher education. Only minor changes were introduced as regards the funding of research institutions. It remains crucial to create the right incentives for public researchers to strive for excellence, address societal challenges, and cooperate with the business sector.

               (15)

               The process of de‐regulating the high number of regulated professions has started, but at a slow pace and not producing rapid benefits from increased competition in the service sector. The Czech Republic has taken some initial measures to increase energy efficiency, especially through public funding incentives in support of the buildings sector. The potential for energy savings remains substantial and more ambitious measures would also contribute to reducing energy dependency.

               (16)

               The quality and efficiency of the public administration continue to represent a challenge with negative economic repercussions. The long‐awaited Civil Service Act has not been adopted yet; its adoption is a key priority for the Government. Progress in the fight against corruption has been limited; major pieces of legislation from the 2013‐14 anti‐corruption strategy have not been adopted. A clear longer‐term vision on how to address in a durable way this issue of great importance for economic and societal development has not yet been formulated. The implementation of public tenders at local and regional levels is marked by unnecessary delays. The new public procurement rules constitute a step backwards by removing some of the transparency safeguards. Limited progress has been made on improving the implementation of EU funds. Further effort is needed as shown by the high error rates reported by the audit authority for several programmes at the end of 2013.

               (17)

               In the context of the European Semester, the Commission has carried out a comprehensive analysis of the Czech Republic'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 the Czech Republic 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 (7) below.

               (18)

               In the light of this assessment, the Council has examined the Convergence Programme, and its opinion (6) is reflected in particular in recommendation (1) below.

         HEREBY RECOMMENDS that the Czech Republic take action within the period 2014‐2015 to:

               1.

               Following the correction of the excessive deficit, preserve a sound fiscal position in 2014. Significantly strengthen the budgetary strategy in 2015 to ensure that the medium‐term objective is achieved and remain at the medium‐term objective thereafter. Prioritise growth‐enhancing expenditure to support the recovery and improve growth prospects. Adopt and implement measures to strengthen the fiscal framework, and in particular establish an independent fiscal institution to monitor fiscal policies, introduce fiscal rules for local and regional governments and improve coordination between all layers of government.

               2.

               Improve tax compliance with a particular focus on VAT and reduce the costs of collecting and paying taxes by simplifying the tax system and harmonising the tax bases for personal income tax and social and health contributions. Reduce the high level of taxation on labour, particularly for low‐income earners. Shift taxation to areas less detrimental to growth, such as recurrent taxes on housing and environmental taxes. Further reduce discrepancies in the tax treatment of employees and the self‐employed.

               3.

               Ensure the long‐term sustainability of the public pension scheme, in particular by accelerating the increase of the statutory retirement age and then by linking it more clearly to changes in life expectancy. Promote the employability of older workers and review the pension indexation mechanism. Take measures to improve significantly the cost‐effectiveness and governance of the healthcare sector, in particular for hospital care.

               4.

               Strengthen the efficiency and effectiveness of the public employment service, in particular by setting up a performance measurement system. Increase participation of unemployed youth in individualised services. Increase considerably the availability of affordable and quality childcare facilities and services, with a focus on children up to three years old.

               5.

               Ensure that the accreditation, governance and financing of higher education contribute to improving its quality and labour market relevance. Accelerate the development and introduction of a new methodology for evaluating research and allocating funding in view of increasing the share of performance‐based funding of research institutions. In compulsory education, make the teaching profession more attractive, implement a comprehensive evaluation framework and support schools and pupils with poor outcomes. Increase the inclusiveness of education, in particular by promoting the participation of socially disadvantaged and Roma children in particular in early childhood education.

               6.

               Accelerate the reform of regulated professions, focusing on the removal of unjustified and disproportionate requirements. Step up the efforts to improve energy efficiency in the economy.

               7.

               In 2014, adopt and implement a Civil Service Act that will ensure a stable, efficient and professional state administration service. Speed up and substantially reinforce the fight against corruption by implementing the remaining legislative measures provided for in the anti‐corruption strategy for 2013‐2014 and by developing plans for the next period. Further improve the management of EU funds by simplifying implementing structures, improving capacity and tackling conflicts of interest. Increase transparency of public procurement and improve the implementation of public tenders by providing appropriate guidance and supervision.

      Done at Brussels, 8 July 2014.

            For the Council

            The President

         P. C. PADOAN

      (1)  OJ L 209, 2.8.1997, p. 1.

      (2)  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).

      (3)  OJ C 217, 30.7.2013, p. 14.

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

      (5)  Council Directive 2011/85/EU of 8 November 2011 on requirements for budgetary frameworks of the Member States (OJ L 306, 23.11.2011, p. 41).

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


title: Recommendation of the European Central Bank of 6 October 2006 on the adoption of certain measures to protect euro banknotes more effectively against counterfeiting (ECB/2006/13)

text:
               25.10.2006

               EN

               Official Journal of the European Union

               C 257/16

      RECOMMENDATION OF THE EUROPEAN CENTRAL BANK

   of 6 October 2006
   on the adoption of certain measures to protect euro banknotes more effectively against counterfeiting
   (ECB/2006/13)
   (2006/C 257/07)
   THE GOVERNING COUNCIL OF THE EUROPEAN CENTRAL BANK,
   Having regard to the Treaty establishing the European Community, and in particular Article 106(1) thereof,
   Having regard to the Statute of the European System of Central Banks and of the European Central Bank, and in particular Article 16 and Article 34.1 thereof,
   Whereas:

               (1)

               The Treaty and the Statute have entrusted the European Central Bank (ECB) and, subject to the ECB's authorisation, the national central banks (NCBs) of Member States without a derogation, with issuing euro banknotes.

               (2)

               Ensuring the integrity and preservation of euro banknotes in circulation and, by implication, the public's trust in euro banknotes forms part of this task.

               (3)

               The Eurosystem Framework for the detection of counterfeits and fitness sorting by credit institutions and other professional cash handlers (1) (hereinafter the ‘Framework’) establishes harmonised standards and procedures for banknote recycling within the euro area. In particular, when authenticity and fitness checks are to be performed by banknote handling machines, only those machines successfully tested by an NCB may be used to perform checks of the banknotes to be recirculated. In this context, NCBs offer manufacturers common tests for banknote handling machines, valid throughout the euro area and conducted by using common test decks, containing, inter alia, selected classes of euro counterfeits. Such tests thus necessitate the availability of counterfeit notes of the same class both for the initial constitution and for the replenishment of the common test decks and, therefore, regular exchange and transport of such notes within the European Union between NCBs.

               (4)

               Article 4(2) of Regulation (EC) No 1338/2001 of 28 June 2001 laying down measures necessary for the protection of the euro against counterfeiting (2) obliges competent national authorities to provide national analysis centres (NACs) without delay with the necessary requested examples of each type of suspected counterfeit note, for analysis and identification. NACs are moreover obliged to send the ECB every new type of suspected counterfeit note corresponding to ECB criteria for analysis and classification purposes.

               (5)

               The obligations addressed to both competent national authorities and NACs in Article 4(2) of Regulation (EC) No 1338/2001 apply without prejudice to national criminal law. In particular, they may not prevent suspected counterfeit notes from being used or retained as evidence in criminal proceedings. In several Member States, this severely hampers the availability of counterfeit notes for NACs and NCBs that are not NACs.

               (6)

               The use of cash handling machines, their testing and constant improvement are a means of facilitating the detection of counterfeit notes and thus contributing to uttering euro notes in such a manner as to protect them against counterfeiting.

               (7)

               It is therefore crucial for the transport of counterfeit notes by NACs and NCBs that are not NACs to also be permitted for Framework purposes, whereby due regard is given to pending criminal proceedings.

               (8)

               Article 10 of the Treaty requires the Member States, including police and judicial authorities, to take all measures necessary to ensure the effectiveness of Community law.

               (9)

               The effective protection of the euro against counterfeiting is an important element of Community law. The efforts to prevent counterfeiting concern both the Community, by virtue of its competence in respect of the single currency, and the Member States, by virtue of their competence in the sphere of criminal law and policies to combat organised crime.

               (10)

               Generally, criminal law and the rules of criminal procedure do not fall within the competence of the Community, unless necessary to ensure the effectiveness of Community law. In all other cases, the adoption of measures pursuant to Title VI of the Treaty on European Union on police and judicial cooperation in criminal matters may be required.

               (11)

               Article 29 of the Treaty on European Union provides that the EU's objective of providing citizens with a high level of safety within an area of freedom, security and justice by developing common action among the Member States is achieved, inter alia, through approximation of rules on criminal matters in the Member States.

               (12)

               The Eurosystem's responsibility to ensure the integrity and preservation of euro banknotes in circulation requires formulating recommendations on certain policy objectives, whilst leaving the EU and national authorities to consider such objectives and to adopt the appropriate measures for their implementation,

         HAS ADOPTED THIS RECOMMENDATION:

               1.

               The European Commission should consider proposing an extension of the powers of NACs and of NCBs that are not NACs, so that they may retain identified and analysed examples of counterfeit notes and also request and legitimately transport such notes intra-EU for the purposes of the Framework. In particular, Article 4(2) of Regulation (EC) No 1338/2001 should be amended, and Article 4(3) accordingly deleted. As a minimum, this latter paragraph should be amended so that the full application of Article 4(2) is not prevented by the use or retention of counterfeit notes as evidence in criminal proceedings, except when such an application is impossible, taking into account the quantity and type of seized counterfeits.

               2.

               While the amendment of Regulation (EC) No 1338/2001 is indispensable in order to allow the transport of counterfeits for the purposes of the Framework, as well as the release of counterfeits by national authorities, the extent to which common action under Title VI of the EU Treaty may be helpful in that respect could be examined. Concretely, the applicability of Article 31(1)(e) of the EU Treaty could be considered, as the seized counterfeits are used as evidence in pending penal procedures before national judicial authorities. In particular, Member States should ensure that, to the extent the rights of suspects and defendants are not prejudiced, the staff of NACs and NCBs that are not NACs may legitimately transport and retain a quantity of seized counterfeit notes for the purposes of the Framework, on condition of immediately returning them to the prosecutorial or judicial authorities on demand.

               3.

               Irrespective of the adoption of the above measures, Member States may need to amend their national legislation to facilitate retention and transportation of seized counterfeit notes for the purposes of the Framework. Member States should consider in particular abolishing national rules providing that seized counterfeit notes must at all times remain in a court's archives, be destroyed, be handed exclusively to the police or remain on national territory.

               4.

               Irrespective of the adoption of the above measures, Member States should consider fostering and promoting practical arrangements with their NCBs, whereby counterfeit notes are provided to the latter for the purposes of the Framework, and exchanged between NCBs, potentially through the exercise of prosecutorial or judicial discretion.

         This recommendation is addressed to the Council of the European Union, the European Parliament, the Commission of the European Communities and the Member States.

      Done at Frankfurt am Main, 6 October 2006.

            The President of the ECB

         Jean-Claude TRICHET

      (1)  Available on www.ecb.int.

      (2)  OJ L 181, 4.7.2001, p. 6.


title: 2014/124/EU: Commission Recommendation of 7 March 2014 on strengthening the principle of equal pay between men and women through transparency  Text with EEA relevance

text:
               8.3.2014

               EN

               Official Journal of the European Union

               L 69/112

      COMMISSION RECOMMENDATION

   of 7 March 2014
   on strengthening the principle of equal pay between men and women through transparency
   (Text with EEA relevance)
   (2014/124/EU)
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 292 thereof,
   Whereas:

               (1)

               Article 2 and Article 3(3) of the Treaty on European Union enshrine the right to equality between women and men as one of the essential values and tasks of the Union.

               (2)

               Articles 8 and 10 of the Treaty on the Functioning of the European Union (TFEU) provide that the Union shall aim to eliminate inequalities, to promote equality between men and women and to combat discrimination based on sex in all its activities.

               (3)

               Article 157(1) of the TFEU obliges each Member State to ensure that the principle of equal pay for male and female workers for equal work or work of equal value is applied.

               (4)

               Article 23 of the Charter of Fundamental Rights of the European Union provides that equality between women and men must be ensured in all areas, including employment, work and pay.

               (5)

               Equal pay for equal work and work of equal value is one of the five priorities established in the Women’s Charter, which reaffirms the Commission’s commitment to a forceful mobilisation of all instruments, both legislative and non-legislative, to close the gender pay gap. The Strategy for equality between women and men 2010-2015 builds on the priorities of the Women’s Charter. The Strategy sets out that the Commission will explore possible ways to improve the transparency of pay.

               (6)

               Directive 2006/54/EC of the European Parliament and of the Council (1) provides that for the same work or for work of equal value, direct and indirect discrimination on grounds of sex with regard to all aspects and conditions of remuneration shall be eliminated. In particular, where a job classification system is used for determining pay, it should be based on the same criteria for both men and women and should be drawn up so as to exclude any discrimination on grounds of sex.

               (7)

               Women in the Union still earn an average of 16,2 % less than men for each hour worked (Eurostat 2011), in spite of their significant progress in terms of educational achievements and work experience. This indicates a persistent gender pay gap that has up to now only been reduced at a very slow pace.

               (8)

               The Commission Communication COM(2007) 424 final (2) concluded that women continue to be affected by gender pay discrimination and inequalities in the labour market which prevents them from realising their full potential. Conspicuous direct pay discrimination for the exact same work has become a rather rare occurrence. However, the existing legal framework has been less effective in ensuring implementation of the principle of equal pay for work of equal value. Such discrimination is less likely to be the subject of a court case not only because potential victims are probably not aware of it, but also because it is more difficult for victims of pay discrimination to effectively enforce the principle of equal pay. Victims have to establish the facts that give rise to a presumption of discrimination in order to shift the burden of proof to the employer. Obscure pay structures and a lack of available information about pay levels of employees performing the same work or work of equal value are major contributing factors to these difficulties.

               (9)

               The Commission Communication COM(2010) 543 final (3) listed further improvements in transposing, implementing and enforcing Union legislation among its priorities in the field of smart regulation.

               (10)

               The European Parliament adopted on 18 November 2008 (4) and 24 May 2012 (5) resolutions on equal pay between men and women with recommendations on how to better implement the principle of equal pay. Those recommendations include the introduction of wage transparency measures and gender-neutral job evaluation and classification systems.

               (11)

               In its Conclusions of 6 December 2010 on strengthening the commitment and stepping up action to close the gender pay gap, and on the review of the implementation of the Beijing Platform for Action (6), the Council invited Member States to put in place measures that tackle the causes of the gender pay gap, particularly ones that promote pay transparency and gender-neutral job evaluation and classification.

               (12)

               The Commission Communication COM(2013) 83 final (7) calls on Member States to take efforts to close the gender pay gap, to address other barriers to women’s participation in the labour market and to encourage employers to address workplace discrimination as part of efforts to pursue a strategy of active inclusion.

               (13)

               The Commission’s Report to the European Parliament and the Council COM(2013) 861 final (8) indicates that implementation of the equal pay principle is hindered by a lack of transparency in pay systems, a lack of legal certainty on the concept of work of equal value, and by procedural obstacles. These obstacles include employees lacking the information they need to make a successful equal pay claim and in particular information about the pay levels for categories of employees who perform the same work or work of equal value.

               (14)

               Union level action to facilitate implementation of the equal pay principle would help national authorities and relevant stakeholders to step up their efforts in tackling the gender pay gap and pay discrimination through better implementation of current legal requirements. While fully respecting the principle of subsidiarity, it is necessary to enhance effective application of the principle of equal pay in Member States.

               (15)

               This Recommendation should focus on transparency of wage categories, which is essential for the effective application of the equal pay principle. Increased transparency can reveal a gender bias and discrimination in the pay structures of an undertaking or organisation. It enables employees, employers and social partners to take appropriate action to ensure implementation of the equal pay principle. This Recommendation should present a tool box of measures designed to assist Member States in taking a tailor-made approach to improving wage transparency. Member States should be encouraged to implement the most appropriate measures for their specific circumstances and to implement at least one of the core measures enhancing transparency set out in this Recommendation (entitlement to request pay information, company reporting, pay audits, equal pay collective bargaining).

               (16)

               Enabling employees to request information on pay levels, including complementary or variable components such as payments in kind and bonuses, for other categories of employees performing the same work or work of equal value, broken down by gender, would make the wage policy of an undertaking or organisation more transparent. It would also improve the chances of individual legal action in discrimination cases succeeding before national courts and would consequently have a dissuasive effect.

               (17)

               Employers’ regular reporting of wages by category of employee or position, broken down by gender would also improve wage transparency and constitute a reliable basis for discussions on measures to implement the equal pay principle. Such collective disclosure of wages should not be required for undertakings and organisations with fewer than 50 employees which meet the workforce-related criteria for small undertakings in Commission Recommendation 2003/361/EC (9), as it could place a disproportionate burden on them.

               (18)

               Pay audits should make it easier to analyse the gender equality aspects of pay and to reach conclusions on the application of the principle of equal pay. Pay audits could be the basis for discussion between employers and workers’ representatives aiming to eliminate gender discrimination in pay. The measures relating to pay audits should not be required for undertakings and organisations with fewer than 250 employees which meet the workforce-related criteria for medium-sized undertakings in Recommendation 2003/361/EC, as they could place a disproportionate burden on them.

               (19)

               Encouraging or obliging social partners to discuss and give particular attention to matters of equal pay in collective bargaining is another way of increasing wage transparency and addressing the gender pay gap.

               (20)

               Compiling wage statistics broken down by gender and providing Eurostat with accurate and complete statistics is essential for analysing and monitoring changes in the gender pay gap at European level. Council Regulation (EC) No 530/1999 (10) requires Member States to compile four-yearly structural earnings statistics that facilitate calculation of the gender pay gap. For 2006 and 2010, the gender pay gap was calculated from the data collected by the Structure of Earnings survey. For 2007 to 2009, gender pay gap data were transmitted on a voluntary basis, often with delays and in draft form subject to later revision. Annual high-quality statistics could increase transparency and further enhance awareness of the gender inequality problem as regards pay. The availability and comparability of such data is instrumental for assessing developments throughout the Union.

               (21)

               The lack of a definition of work of equal value, including a clear indication of the assessment criteria for comparing different jobs, is a major obstacle for victims of pay discrimination bringing claims before the courts. To assess whether employees are performing work of equal value, a range of factors including the nature of the work, training and working conditions, must be considered. Including such a definition and job evaluation and classification criteria in national laws would help victims of pay discrimination to bring claims before national courts.

               (22)

               Gender-neutral job evaluation and classification systems are effective in establishing a transparent pay system. They detect indirect pay discrimination related to the undervaluation of jobs typically done by women since they measure and compare jobs whose content is different but of equal value and so support the principle of work of equal value. Member States, social partners and employers are encouraged to promote the development and use of gender-neutral job evaluation and classification systems, drawing inspiration from Annex 1 to the Commission Staff Working Document accompanying the Report on the application of Directive 2006/54/EC (11).

               (23)

               Involving equality bodies is instrumental in effectively applying the principle of equal pay. The powers and mandates of the national gender equality bodies should therefore be adequate to cover gender pay discrimination, including any transparency obligations. Procedural and cost-related obstacles that victims of pay discrimination face should be alleviated by enabling equality bodies to represent individuals. This would reduce the litigation risk for individual employees and could be a possible remedy for the current significant scarcity of equal pay cases that are brought to court.

               (24)

               Awareness-raising activities inform stakeholders about the existence and importance of the equal pay principle. Member States should be encouraged to raise awareness among undertakings and organisations, social partners and the general public in order to effectively promote the equal pay principle, use job evaluation and classification methods free from gender bias and tackle the gender pay gap more generally. Actions at the level of undertakings and organisations are also necessary,

         HAS ADOPTED THIS RECOMMENDATION:
   I.   SUBJECT MATTER

               1.

               This Recommendation provides guidance to Member States to assist them in a better and more effective implementation of the equal pay principle in order to combat pay discrimination and to contribute to tackling the persistent gender pay gap.

         II.   WAGE TRANSPARENCY

               2.

               Member States should encourage public and private employers and social partners to adopt transparency policies on wage composition and structures. They should put in place specific measures to promote wage transparency. In particular, these measures should include one or more of the actions referred to in points 3 to 6 in an approach tailor made to the specific domestic situation.

      Right of employees to obtain information on pay levels

               3.

               Member States should put in place appropriate and proportionate measures to ensure that employees can request information on pay levels, broken down by gender, for categories of employees doing the same work or work of equal value. This information should include complementary or variable components beyond the fixed basic salary, such as payments in kind and bonuses.

      Reporting on pay

               4.

               Member States should put in place measures that ensure that employers in undertakings and organisations with at least 50 employees regularly inform employees, workers’ representatives and social partners of the average remuneration by category of employee or position, broken down by gender.

      Pay audits

               5.

               Member States should take appropriate measures to ensure that pay audits are conducted in undertakings and organisations with at least 250 employees. These audits should include an analysis of the proportion of women and men in each category of employee or position, an analysis of the job evaluation and classification system used and detailed information on pay and pay differentials on grounds of gender. These audits should be made available to workers’ representatives and social partners on request.

      Collective bargaining

               6.

               Without prejudice to the autonomy of social partners and in accordance with national law and practice, Member States should ensure that the issue of equal pay, including pay audits, is discussed at the appropriate level of collective bargaining.

      Statistics and administrative data

               7.

               Member States should further improve the availability of up-to-date gender pay gap data by providing Eurostat with statistics annually and in a timely manner. These statistics should be broken down by gender, economic sector (12), working time (full-time/part-time), economic control (public/private ownership) and age and be calculated on an annual basis.

               8.

               Member States should also provide the Commission with data on the number and types of pay discrimination cases when notifying it in accordance with point 18.

      Data protection

               9.

               To the extent that any information provided pursuant to measures taken under points 3 to 8 involves the disclosure of personal data, it should be provided in accordance with national data protection laws, in particular those implementing Directive 95/46/EC of the European Parliament and of the Council (13).

      Concept of work of equal value

               10.

               In line with the case-law of the Court of Justice of the European Union, Member States should clarify the concept of ‘work of equal value’ in their legislation. The value of work should be assessed and compared based on objective criteria, such as educational, professional and training requirements, skills, effort and responsibility, work undertaken and the nature of tasks involved.

      Job evaluation and classification systems

               11.

               Member States should promote the development and use of gender-neutral job evaluation and classification systems, including in their capacity as employers in the public sector, to prevent or identify and tackle possible pay discrimination based on gender-biased pay scales. They should specifically encourage employers and social partners to introduce gender-neutral job evaluation and classification systems.

               12.

               As regards gender-neutral job evaluation and classification systems, Member States are encouraged to draw inspiration from Annex 1 to the Commission Staff Working Document accompanying the Report on the application of Directive 2006/54/EC.

         III.   HORIZONTAL PROVISIONS

      Equality bodies

               13.

               Member States should ensure that their national equality bodies’ powers and mandates cover issues related to gender pay discrimination, including transparency obligations. Where applicable, Member States should give equality bodies the right to access the information and audits referred to in points 4 and 5 of this Recommendation.

               14.

               Member States should reduce procedural obstacles to the bringing of equal pay cases to court by enabling equality bodies to represent individuals in cases of pay discrimination.

               15.

               Member States should ensure closer cooperation and coordination between the national equality bodies and national bodies that have an inspection function in the labour market.

      Monitoring and enforcement

               16.

               Member States should ensure the consistent monitoring of the implementation of the principle of equal pay and the enforcement of all available remedies for pay discrimination.

      Awareness-raising activities

               17.

               Member States should raise awareness among public and private undertakings and organisations, social partners and the general public to promote equal pay, the principle of work of equal value and wage transparency, to tackle the causes of the gender pay gap, and devise tools to help analyse and assess pay inequalities.

         IV.   FOLLOW-UP

               18.

               Member States should take the necessary measures to ensure the application of this Recommendation and are invited to notify the Commission of these measures by 31 December 2015, in order to enable the Commission to closely monitor the situation, to draw up a report on progress made in implementing this Recommendation and, on that basis, to assess the need for further measures.

         V.   FINAL PROVISIONS

               19.

               This Recommendation is addressed to all Member States. It is also addressed to the social partners, in particular in the Member States where in accordance with the national law and practice, the social partners have a specific responsibility for implementing the principle of equal pay by concluding collective agreements.

      Done at Brussels, 7 March 2014.

            For the Commission

         Viviane REDING

            Vice-President

      (1)  Directive 2006/54/EC of the European Parliament and of the Council of 5 July 2006 on the implementation of the principle of equal opportunities and equal treatment of men and women in matters of employment and occupation (OJ L 204, 26.7.2006, p. 23).

      (2)  Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions of 18 July 2007‘Tackling the pay gap between women and men’.

      (3)  Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions of 8 October 2010‘Smart Regulation in the European Union’.

      (4)  OJ C 16 E, 22.1.2010, p. 21.

      (5)  P7_TA(2012)0225.

      (6)  OJ C 345, 18.12.2010, p. 1.

      (7)  Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions of 20 February 2013‘Towards Social Investment for Growth and Cohesion – including implementing the European Social Fund 2014-2020’ (page 11).

      (8)  Report from the Commission to the European Parliament and the Council on the application of Directive 2006/54/EC of the European Parliament and of the Council of 5 July 2006 on the implementation of the principle of equal opportunities and equal treatment of men and women in matters of employment and occupation.

      (9)  Commission Recommendation 2003/361/EC of 6 May 2003 concerning the definition of micro, small and medium-sized enterprises (OJ L 124, 20.5.2003, p. 36).

      (10)  Council Regulation (EC) No 530/1999 of 9 March 1999 concerning structural statistics on earnings and on labour costs (OJ L 63, 12.3.1999, p. 6).

      (11)  Commission Staff Working Document accompanying the Report from the Commission to the Council and the European Parliament on the application of Directive 2006/54/EC of the European Parliament and of the Council of 5 July 2006 on the implementation of the principle of equal opportunities and equal treatment of men and women in matters of employment and occupation, SWD(2013) 512 final.

      (12)  At least NACE Rev.2, sections B to S except O.

      (13)  Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (OJ L 281, 23.11.1995, p. 31).