title: Recommendation of the European Parliament and of the Council of 18 December 2006 on key competences for lifelong learning

text:
               30.12.2006

               EN

               Official Journal of the European Union

               L 394/10

      RECOMMENDATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

   of 18 December 2006
   on key competences for lifelong learning
   (2006/962/EC)
   THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular Article 149(4), and Article 150(4) thereof,
   Having regard to the proposal from the Commission,
   Having regard to the opinion of the European Economic and Social Committee (1),
   Having regard to the opinion of the Committee of the Regions (2),
   Acting in accordance with the procedure laid down in Article 251 of the Treaty (3),
   Whereas:

               (1)

               The Lisbon European Council (23-24 March 2000) concluded that a European framework should define the new basic skills to be provided through lifelong learning as a key measure in Europe's response to globalisation and the shift to knowledge-based economies, and emphasised that people are Europe's main asset. Since then, those conclusions have been regularly restated including by the Brussels European Councils (20-21 March 2003 and 22-23 March 2005), and in the re-launched Lisbon Strategy which was approved in 2005.

               (2)

               The European Councils of Stockholm (23-24 March 2001) and Barcelona (15-16 March 2002) endorsed the concrete future objectives of European education and training systems and a work-programme (the Education and Training 2010 work programme) to achieve them by 2010. These objectives include developing skills for the knowledge society and specific objectives for promoting language learning, developing entrepreneurship and the overall need to enhance the European dimension in education.

               (3)

               The Commission Communication ”Making a European Area of Lifelong Learning a Reality” and the subsequent Council Resolution of 27 June 2002 on lifelong learning (4) identified the provision of ‘the new basic skills’ as a priority, and stressed that lifelong learning must cover learning from pre-school age to post-retirement age.

               (4)

               In the context of improving the Community's employment performance, the European Councils of Brussels (March 2003 and December 2003) stressed the need to develop lifelong learning, with a particular focus on active and preventive measures for the unemployed and inactive persons. This built on the report of the Employment Taskforce, which emphasised the need for people to be able to adapt to change, the importance of integrating people into the labour market, and the key role of lifelong learning.

               (5)

               In May 2003 the Council adopted the European reference levels (‘benchmarks’), demonstrating a commitment to a measurable improvement in European average performance. These reference levels include reading literacy, early school leaving, completion of upper secondary education and participation of adults in lifelong learning, and are closely linked to the development of key competences.

               (6)

               The report of the Council on the broader role of education adopted in November 2004 stressed that education contributes to preserving and renewing the common cultural background in society and to learning essential social and civic values such as citizenship, equality, tolerance and respect, and is particularly important at a time when all Member States are challenged by the question of how to deal with increasing social and cultural diversity. Moreover, enabling people to enter and stay in working life is an important part of the role of education in the strengthening of social cohesion.

               (7)

               The report adopted by the Commission in 2005 on progress towards the Lisbon objectives in education and training showed that there had been no progress in reducing the percentage of low achievers in reading literacy at age 15 or in raising the completion rate for upper-secondary education. Some progress was visible in reducing early school leaving, but at current rates the 2010 European reference levels adopted by the May 2003 Council will not be achieved. Participation of adults in learning is not growing fast enough to reach the 2010 reference level, and data shows that low-skilled people are less likely to participate in further training.

               (8)

               The Framework of Actions for the Lifelong Development of Competences and Qualifications, adopted by the European social partners in March 2002, stresses the need for businesses to adapt their structures more and more quickly in order to remain competitive. Increased team-work, flattening of hierarchies, devolved responsibilities and a greater need for multi-tasking are leading to the development of learning organisations. In this context, the ability of organisations to identify competences, to mobilise and recognise them and to encourage their development for all employees represent the basis for new competitive strategies.

               (9)

               The Maastricht Study on Vocational Education and Training of 2004 indicates a significant gap between the levels of education required by new jobs, and the levels of education achieved by the European workforce. This study shows that more than one third of the European workforce (80 million persons) is low-skilled whilst it has been estimated that by 2010 almost 50 % of new jobs will require tertiary level qualifications, just under 40 % will require upper secondary schooling, and only about 15 % will be suitable for those with basic schooling.

               (10)

               The Joint Council/Commission Report on the Education and Training 2010 work programme, adopted in 2004, reinforced the need to ensure that all citizens are equipped with the competences they need as part of Member States' lifelong learning strategies. To encourage and facilitate reform, the report suggests the development of common European references and principles and gives priority to the Key Competences Framework.

               (11)

               The European Youth Pact which is annexed to the conclusions of the Brussels European Council (22-23 March 2005) stressed the need to encourage the development of a common set of core skills.

               (12)

               The need to equip young people with necessary key competences and to improve educational attainment levels is an integral part of the Integrated Guidelines for Growth and Jobs 2005-2008, approved by the June 2005 European Council. In particular, the Employment Guidelines call for education and training systems to be adapted in response to new competence requirements through better identification of occupational needs and key competences as part of Member States' reform programmes. Furthermore, the Employment Guidelines call for ensuring gender mainstreaming and gender equality in all actions and for achieving an average employment rate for the European Union of 70 % overall and of at least 60 % for women.

               (13)

               Τhis Recommendation should contribute to the development of quality, future-oriented education and training tailored to the needs of European society, by supporting and supplementing Member States' actions in ensuring that their initial education and training systems offer all young people the means to develop key competences to a level that equips them for adult life, and which forms a basis for further learning and working life and that adults are able to develop and update their key competences through the provision of coherent and comprehensive lifelong learning. Τhis Recommendation should also provide a common European reference framework on key competences for policy makers, education and training providers, the social partners and learners themselves in order to facilitate national reforms and exchange of information between the Member States and the Commission within the Education and Training 2010 work programme, with the aim of achieving the agreed European reference levels. Furthermore, this Recommendation should support other related policies such as employment and social policies and other policies affecting youth.

               (14)

               Since the objectives of this Recommendation, namely to support and supplement Member States' action by establishing a common reference point that encourages and facilitates national reforms and further cooperation between Member States, cannot be sufficiently achieved by the Member States acting alone and can therefore be better achieved at Community level, the Community may adopt measures in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. In accordance with the principle of proportionality, as set out in that Article, this Recommendation does not go beyond what is necessary in order to achieve those objectives insofar as it leaves the implementation of this Recommendation to Member States,

         HEREBY RECOMMEND:
   That Member States develop the provision of key competences for all as part of their lifelong learning strategies, including their strategies for achieving universal literacy, and use the ‘Key Competences for Lifelong Learning — A European Reference Framework’ (hereinafter referred to as ‘the Reference Framework’) in the Annex hereto as a reference tool, with a view to ensuring that:

               1.

               initial education and training offers all young people the means to develop the key competences to a level that equips them for adult life, and which forms a basis for further learning and working life;

               2.

               appropriate provision is made for those young people who, due to educational disadvantages caused by personal, social, cultural or economic circumstances, need particular support to fulfil their educational potential;

               3.

               adults are able to develop and update their key competences throughout their lives, and that there is a particular focus on target groups identified as priorities in the national, regional and/or local contexts, such as individuals needing to update their skills;

               4.

               appropriate infrastructure for continuing education and training of adults including teachers and trainers, validation and evaluation procedures, measures aimed at ensuring equal access to both lifelong learning and the labour market, and support for learners that recognises the differing needs and competences of adults, is in place;

               5.

               coherence of adult education and training provision for individual citizens is achieved through close links with employment policy and social policy, cultural policy, innovation policy and other policies affecting young people and through collaboration with social partners and other stakeholders;

         HEREBY TAKE NOTE OF THE COMMISSION'S INTENTION TO:

               1.

               contribute to Member States' efforts to develop their education and training systems and to implement and disseminate this Recommendation, including by using the Reference Framework as a reference to facilitate peer learning and the exchange of good practices and to follow up developments and report on progress through the biennial progress reports on the Education and Training 2010 work programme;

               2.

               use the Reference Framework as a reference in the implementation of the Community Education and Training programmes and to ensure that these programmes promote the acquisition of key competences;

               3.

               promote the wider use of the Reference Framework in related Community policies, and particularly in the implementation of employment, youth, and cultural and social policy, and to develop further links with social partners and other organisations working in those fields;

               4.

               review the impact of the Reference Framework within the context of the Education and Training 2010 work programme and report, by 18 December 2010, to the European Parliament and to the Council on the experience gained and the implications for the future.

      Done at Brussels, 18 December 2006.

            For the European Parliament

            The President

         J. BORRELL FONTELLES

            For the Council

            The President

         J.-E. ENESTAM

      (1)  OJ C 195, 18.8.2006, p. 109.

      (2)  OJ C 229, 22.9.2006, p. 21.

      (3)  Opinion of the European Parliament of 26 September 2006 (not yet published in the Official Journal) and Council Decision of 18 December 2006.

      (4)  OJ C 163, 9.7.2002, p. 1.

      ANNEX
      KEY COMPETENCES FOR LIFELONG LEARNING — A EUROPEAN REFERENCE FRAMEWORK
      Background and aims
      As globalisation continues to confront the European Union with new challenges, each citizen will need a wide range of key competences to adapt flexibly to a rapidly changing and highly interconnected world.
      Education in its dual role, both social and economic, has a key role to play in ensuring that Europe's citizens acquire the key competences needed to enable them to adapt flexibly to such changes.
      In particular, building on diverse individual competences, the differing needs of learners should be met by ensuring equality and access for those groups who, due to educational disadvantages caused by personal, social, cultural or economic circumstances, need particular support to fulfil their educational potential. Examples of such groups include people with low basic skills, in particular with low literacy, early school leavers, the long-term unemployed and those returning to work after a period of extended leave, older people, migrants, and people with disabilities.
      In this context, the main aims of the Reference Framework are to:

                  1)

                  identify and define the key competences necessary for personal fulfilment, active citizenship, social cohesion and employability in a knowledge society;

                  2)

                  support Member States' work in ensuring that by the end of initial education and training young people have developed the key competences to a level that equips them for adult life and which forms a basis for further learning and working life, and that adults are able to develop and update their key competences throughout their lives;

                  3)

                  provide a European level reference tool for policy makers, education providers, employers, and learners themselves to facilitate national and European level efforts towards commonly agreed objectives;

                  4)

                  provide a framework for further action at Community level both within the Education and Training 2010 work programme and within the Community Education and Training Programmes.

            Key Competences
      Competences are defined here as a combination of knowledge, skills and attitudes appropriate to the context. Key competences are those which all individuals need for personal fulfilment and development, active citizenship, social inclusion and employment.
      The Reference Framework sets out eight key competences:

                  1)

                  Communication in the mother tongue;

                  2)

                  Communication in foreign languages;

                  3)

                  Mathematical competence and basic competences in science and technology;

                  4)

                  Digital competence;

                  5)

                  Learning to learn;

                  6)

                  Social and civic competences;

                  7)

                  Sense of initiative and entrepreneurship; and

                  8)

                  Cultural awareness and expression.

            The key competences are all considered equally important, because each of them can contribute to a successful life in a knowledge society. Many of the competences overlap and interlock: aspects essential to one domain will support competence in another. Competence in the fundamental basic skills of language, literacy, numeracy and in information and communication technologies (ICT) is an essential foundation for learning, and learning to learn supports all learning activities. There are a number of themes that are applied throughout the Reference Framework: critical thinking, creativity, initiative, problem solving, risk assessment, decision taking, and constructive management of feelings play a role in all eight key competences.
      1.   Communication in the mother tongue (1)

      Definition:
      Communication in the mother tongue is the ability to express and interpret concepts, thoughts, feelings, facts and opinions in both oral and written form (listening, speaking, reading and writing), and to interact linguistically in an appropriate and creative way in a full range of societal and cultural contexts; in education and training, work, home and leisure.
      Essential knowledge, skills and attitudes related to this competence:
      Communicative competence results from the acquisition of the mother tongue, which is intrinsically linked to the development of an individual's cognitive ability to interpret the world and relate to others. Communication in the mother tongue requires an individual to have knowledge of vocabulary, functional grammar and the functions of language. It includes an awareness of the main types of verbal interaction, a range of literary and non-literary texts, the main features of different styles and registers of language, and the variability of language and communication in different contexts.
      Individuals should have the skills to communicate both orally and in writing in a variety of communicative situations and to monitor and adapt their own communication to the requirements of the situation. This competence also includes the abilities to distinguish and use different types of texts, to search for, collect and process information, to use aids, and to formulate and express one's oral and written arguments in a convincing way appropriate to the context.
      A positive attitude towards communication in the mother tongue involves a disposition to critical and constructive dialogue, an appreciation of aesthetic qualities and a willingness to strive for them, and an interest in interaction with others. This implies an awareness of the impact of language on others and a need to understand and use language in a positive and socially responsible manner.
      2.   Communication in foreign languages (2)

      Definition:
      Communication in foreign languages broadly shares the main skill dimensions of communication in the mother tongue: it is based on the ability to understand, express and interpret concepts, thoughts, feelings, facts and opinions in both oral and written form (listening, speaking, reading and writing) in an appropriate range of societal and cultural contexts (in education and training, work, home and leisure) according to one's wants or needs. Communication in foreign languages also calls for skills such as mediation and intercultural understanding. An individual's level of proficiency will vary between the four dimensions (listening, speaking, reading and writing) and between the different languages, and according to that individual's social and cultural background, environment, needs and/or interests.
      Essential knowledge, skills and attitudes related to this competence:
      Competence in foreign languages requires knowledge of vocabulary and functional grammar and an awareness of the main types of verbal interaction and registers of language. Knowledge of societal conventions, and the cultural aspect and variability of languages is important.
      Essential skills for communication in foreign languages consist of the ability to understand spoken messages, to initiate, sustain and conclude conversations and to read, understand and produce texts appropriate to the individual's needs. Individuals should also be able to use aids appropriately, and learn languages also informally as part of lifelong learning.
      A positive attitude involves the appreciation of cultural diversity, and an interest and curiosity in languages and intercultural communication.
      3.   Mathematical competence and basic competences in science and technology
      Definition:

                  A.

                  Mathematical competence is the ability to develop and apply mathematical thinking in order to solve a range of problems in everyday situations. Building on a sound mastery of numeracy, the emphasis is on process and activity, as well as knowledge. Mathematical competence involves, to different degrees, the ability and willingness to use mathematical modes of thought (logical and spatial thinking) and presentation (formulas, models, constructs, graphs, charts).

                  B.

                  Competence in science refers to the ability and willingness to use the body of knowledge and methodology employed to explain the natural world, in order to identify questions and to draw evidence-based conclusions. Competence in technology is viewed as the application of that knowledge and methodology in response to perceived human wants or needs. Competence in science and technology involves an understanding of the changes caused by human activity and responsibility as an individual citizen.

            Essential knowledge, skills and attitudes related to this competence:

                  A.

                  Necessary knowledge in mathematics includes a sound knowledge of numbers, measures and structures, basic operations and basic mathematical presentations, an understanding of mathematical terms and concepts, and an awareness of the questions to which mathematics can offer answers.
                  An individual should have the skills to apply basic mathematical principles and processes in everyday contexts at home and work, and to follow and assess chains of arguments. An individual should be able to reason mathematically, understand mathematical proof and communicate in mathematical language, and to use appropriate aids.
                  A positive attitude in mathematics is based on the respect of truth and willingness to look for reasons and to assess their validity.

                  B.

                  For science and technology, essential knowledge comprises the basic principles of the natural world, fundamental scientific concepts, principles and methods, technology and technological products and processes, as well as an understanding of the impact of science and technology on the natural world. These competences should enable individuals to better understand the advances, limitations and risks of scientific theories, applications and technology in societies at large (in relation to decision-making, values, moral questions, culture, etc).
                  Skills include the ability to use and handle technological tools and machines as well as scientific data to achieve a goal or to reach an evidence-based decision or conclusion. Individuals should also be able to recognise the essential features of scientific inquiry and have the ability to communicate the conclusions and reasoning that led to them.
                  Competence includes an attitude of critical appreciation and curiosity, an interest in ethical issues and respect for both safety and sustainability, in particular as regards scientific and technological progress in relation to oneself, family, community and global issues.

            4.   Digital competence
      Definition:
      Digital competence involves the confident and critical use of Information Society Technology (IST) for work, leisure and communication. It is underpinned by basic skills in ICT: the use of computers to retrieve, assess, store, produce, present and exchange information, and to communicate and participate in collaborative networks via the Internet.
      Essential knowledge, skills and attitudes related to this competence:
      Digital competence requires a sound understanding and knowledge of the nature, role and opportunities of IST in everyday contexts: in personal and social life as well as at work. This includes main computer applications such as word processing, spreadsheets, databases, information storage and management, and an understanding of the opportunities and potential risks of the Internet and communication via electronic media (e-mail, network tools) for work, leisure, information sharing and collaborative networking, learning and research. Individuals should also understand how IST can support creativity and innovation, and be aware of issues around the validity and reliability of information available and of the legal and ethical principles involved in the interactive use of IST.
      Skills needed include the ability to search, collect and process information and use it in a critical and systematic way, assessing relevance and distinguishing the real from the virtual while recognising the links. Individuals should have skills to use tools to produce, present and understand complex information and the ability to access, search and use internet-based services. Individuals should also be able use IST to support critical thinking, creativity, and innovation.
      Use of IST requires a critical and reflective attitude towards available information and a responsible use of the interactive media. An interest in engaging in communities and networks for cultural, social and/or professional purposes also supports this competence.
      5.   Learning to learn
      Definition:
      ‘Learning to learn’ is the ability to pursue and persist in learning, to organise one's own learning, including through effective management of time and information, both individually and in groups. This competence includes awareness of one's learning process and needs, identifying available opportunities, and the ability to overcome obstacles in order to learn successfully. This competence means gaining, processing and assimilating new knowledge and skills as well as seeking and making use of guidance. Learning to learn engages learners to build on prior learning and life experiences in order to use and apply knowledge and skills in a variety of contexts: at home, at work, in education and training. Motivation and confidence are crucial to an individual's competence.
      Essential knowledge, skills and attitudes related to this competence:
      Where learning is directed towards particular work or career goals, an individual should have knowledge of the competences, knowledge, skills and qualifications required. In all cases, learning to learn requires an individual to know and understand his/her preferred learning strategies, the strengths and weaknesses of his/her skills and qualifications, and to be able to search for the education and training opportunities and guidance and/or support available.
      Learning to learn skills require firstly the acquisition of the fundamental basic skills such as literacy, numeracy and ICT skills that are necessary for further learning. Building on these skills, an individual should be able to access, gain, process and assimilate new knowledge and skills. This requires effective management of one's learning, career and work patterns, and, in particular, the ability to persevere with learning, to concentrate for extended periods and to reflect critically on the purposes and aims of learning. Individuals should be able to dedicate time to learning autonomously and with self-discipline, but also to work collaboratively as part of the learning process, draw the benefits from a heterogeneous group, and to share what they have learnt. Individuals should be able to organise their own learning, evaluate their own work, and to seek advice, information and support when appropriate.
      A positive attitude includes the motivation and confidence to pursue and succeed at learning throughout one's life. A problem-solving attitude supports both the learning process itself and an individual's ability to handle obstacles and change. The desire to apply prior learning and life experiences and the curiosity to look for opportunities to learn and apply learning in a variety of life contexts are essential elements of a positive attitude.
      6.   Social and civic competences
      Definition:
      These include personal, interpersonal and intercultural competence and cover all forms of behaviour that equip individuals to participate in an effective and constructive way in social and working life, and particularly in increasingly diverse societies, and to resolve conflict where necessary. Civic competence equips individuals to fully participate in civic life, based on knowledge of social and political concepts and structures and a commitment to active and democratic participation.
      Essential knowledge, skills and attitudes related to this competence:

                  A.

                  Social competence is linked to personal and social well-being which requires an understanding of how individuals can ensure optimum physical and mental health, including as a resource for oneself and one's family and one's immediate social environment, and knowledge of how a healthy lifestyle can contribute to this. For successful interpersonal and social participation it is essential to understand the codes of conduct and manners generally accepted in different societies and environments (e.g. at work). It is equally important to be aware of basic concepts relating to individuals, groups, work organisations, gender equality and non-discrimination, society and culture. Understanding the multi-cultural and socio-economic dimensions of European societies and how national cultural identity interacts with the European identity is essential.
                  The core skills of this competence include the ability to communicate constructively in different environments, to show tolerance, express and understand different viewpoints, to negotiate with the ability to create confidence, and to feel empathy. Individuals should be capable of coping with stress and frustration and expressing them in a constructive way and should also distinguish between the personal and professional spheres.
                  The competence is based on an attitude of collaboration, assertiveness and integrity. Individuals should have an interest in socio-economic developments and intercultural communication and should value diversity and respect others, and be prepared both to overcome prejudices and to compromise.

                  B.

                  Civic competence is based on knowledge of the concepts of democracy, justice, equality, citizenship, and civil rights, including how they are expressed in the Charter of Fundamental Rights of the European Union and international declarations and how they are applied by various institutions at the local, regional, national, European and international levels. It includes knowledge of contemporary events, as well as the main events and trends in national, European and world history. In addition, an awareness of the aims, values and policies of social and political movements should be developed. Knowledge of European integration and of the EU's structures, main objectives and values is also essential, as well as an awareness of diversity and cultural identities in Europe.
                  Skills for civic competence relate to the ability to engage effectively with others in the public domain, and to display solidarity and interest in solving problems affecting the local and wider community. This involves critical and creative reflection and constructive participation in community or neighbourhood activities as well as decision-making at all levels, from local to national and European level, in particular through voting.
                  Full respect for human rights including equality as a basis for democracy, appreciation and understanding of differences between value systems of different religious or ethnic groups lay the foundations for a positive attitude. This means displaying both a sense of belonging to one's locality, country, the EU and Europe in general and to the world, and a willingness to participate in democratic decision-making at all levels. It also includes demonstrating a sense of responsibility, as well as showing understanding of and respect for the shared values that are necessary to ensure community cohesion, such as respect for democratic principles. Constructive participation also involves civic activities, support for social diversity and cohesion and sustainable development, and a readiness to respect the values and privacy of others.

            7.   Sense of initiative and entrepreneurship
      Definition:
      Sense of initiative and entrepreneurship refers to an individual's ability to turn ideas into action. It includes creativity, innovation and risk-taking, as well as the ability to plan and manage projects in order to achieve objectives. This supports individuals, not only in their everyday lives at home and in society, but also in the workplace in being aware of the context of their work and being able to seize opportunities, and is a foundation for more specific skills and knowledge needed by those establishing or contributing to social or commercial activity. This should include awareness of ethical values and promote good governance.
      Essential knowledge, skills and attitudes related to this competence:
      Necessary knowledge includes the ability to identify available opportunities for personal, professional and/or business activities, including ‘bigger picture’ issues that provide the context in which people live and work, such as a broad understanding of the workings of the economy, and the opportunities and challenges facing an employer or organisation. Individuals should also be aware of the ethical position of enterprises, and how they can be a force for good, for example through fair trade or through social enterprise.
      Skills relate to proactive project management (involving, for example the ability to plan, organise, manage, lead and delegate, analyse, communicate, de-brief, evaluate and record), effective representation and negotiation, and the ability to work both as an individual and collaboratively in teams. The ability to judge and identify one's strengths and weaknesses, and to assess and take risks as and when warranted, is essential.
      An entrepreneurial attitude is characterised by initiative, pro-activity, independence and innovation in personal and social life, as much as at work. It also includes motivation and determination to meet objectives, whether personal goals, or aims held in common with others, including at work.
      8.   Cultural awareness and expression
      Definition:
      Appreciation of the importance of the creative expression of ideas, experiences and emotions in a range of media, including music, performing arts, literature, and the visual arts.
      Essential knowledge, skills and attitudes related to this competence:
      Cultural knowledge includes an awareness of local, national and European cultural heritage and their place in the world. It covers a basic knowledge of major cultural works, including popular contemporary culture. It is essential to understand the cultural and linguistic diversity in Europe and other regions of the world, the need to preserve it and the importance of aesthetic factors in daily life.
      Skills relate to both appreciation and expression: the appreciation and enjoyment of works of art and performances as well as self-expression through a variety of media using one' s innate capacities. Skills include also the ability to relate one's own creative and expressive points of view to the opinions of others and to identify and realise social and economic opportunities in cultural activity. Cultural expression is essential to the development of creative skills, which can be transferred to a variety of professional contexts.
      A solid understanding of one's own culture and a sense of identity can be the basis for an open attitude towards and respect for diversity of cultural expression. A positive attitude also covers creativity, and the willingness to cultivate aesthetic capacity through artistic self-expression and participation in cultural life.

         (1)  In the context of Europe's multicultural and multilingual societies, it is recognised that the mother tongue may not in all cases be an official language of the Member State, and that ability to communicate in an official language is a pre-condition for ensuring full participation of the individual in society. In some Member States the mother tongue may be one of several official languages. Measures to address such cases, and apply the definition accordingly, are a matter for individual Member States in accordance with their specific needs and circumstances.

         (2)  It is important to recognise that many Europeans live in bilingual or multilingual families and communities, and that the official language of the country in which they live may not be their mother tongue. For these groups, this competence may refer to an official language, rather than to a foreign language. Their need, motivation, and social and/or economic reasons for developing this competence in support of their integration will differ, for instance, from those learning a foreign language for travel or work. Measures to address such cases, and apply the definition accordingly, are a matter for individual Member States in accordance with their specific needs and circumstances.


title: Council Recommendation of 9 July 2013 on the National Reform Programme 2013 of Sweden and delivering a Council opinion on the Convergence Programme of Sweden, 2012-2016

text:
               30.7.2013

               EN

               Official Journal of the European Union

               C 217/86

      COUNCIL RECOMMENDATION

   of 9 July 2013
   on the National Reform Programme 2013 of Sweden and delivering a Council opinion on the Convergence Programme of Sweden, 2012-2016
   2013/C 217/21
   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 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 jobs and growth, 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 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 10 July 2012, the Council adopted a Recommendation (4) on Sweden’s National Reform Programme for 2012 and delivered its opinion on Sweden’s Convergence Programme for 2012-2015.

               (5)

               On 28 November 2012, the Commission adopted the Annual Growth Survey, marking the start of the 2013 European Semester for economic policy coordination. Also on 28 November 2012, 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)

               The European Parliament has been duly involved in the European Semester, in accordance with Regulation (EC) No 1466/97, and, on 7 February 2013, adopted a resolution on employment and social aspects in the Annual Growth Survey 2013 and a resolution on the contribution to the Annual Growth Survey 2013.

               (7)

               On 14 March 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.

               (8)

               On 10 April 2013, 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 is experiencing macroeconomic imbalances, which deserve monitoring and policy action. In particular, macroeconomic developments regarding private sector debt and deleveraging, coupled with remaining inefficiencies in the housing market deserve continued attention. Although the large current account surplus does not raise risks similar to large deficits the Commission will continue monitoring the developments of the current account in Sweden.

               (9)

               On 19 April 2013, Sweden submitted its Convergence Programme for the period 2012-2017 and its 2013 National Reform Programme. In order to take account of their interlinkages, the two Programmes have been assessed at the same time.

               (10)

               Based on the assessment of the Convergence Programme pursuant to Regulation (EC) No 1466/97, the Council is of the opinion that the macroeconomic scenario underpinning the budgetary projections in the Programme is plausible for 2013. The Government projects GDP growth of 1,2 % and 2,2 % in 2013 and 2014, respectively, whereas the Commission forecasts 1,5 % and 2,5 %. The objective of the budgetary strategy outlined in the Convergence Programme is to ensure long-term sustainability of public finances by respecting the rules of the Swedish fiscal framework, including the target of having a surplus in general government net lending of 1 % of GDP on average over the business cycle. General government balance slipped from a small surplus of 0,2 % of GDP in 2011 to a deficit of 0,5 % in 2012. The Convergence Programme confirms the previous medium-term budgetary objective (MTO) of -1,0 % of GDP. The MTO is in line with the requirements of the Stability and Growth Pact. The Convergence Programme foresees a structural general government balance, as recalculated by the Commission, to improve from a minor deficit around 0,4 % of GDP in 2012-13 to a surplus in 2014 and onwards. Therefore, the MTO is likely to be met over the programme period. According to the information in the Convergence Programme, the growth rate of government expenditure, net of discretionary revenue measures, would exceed the reference medium-term rate of potential GDP growth in 2012 and 2013, but would be below that rate in 2014. Even taking into account the possibility of further expansionary discretionary measures in 2014, the risks to the budgetary targets are limited. According to the Convergence Programme, the debt ratio, which is below the 60 %-of-GDP reference value, is projected to increase temporarily to 42 % of GDP in 2013, but fall back below 40 % of GDP in 2015. The Commission forecasts the debt ratio to decline to 39 % in 2014.

               (11)

               The high indebtedness of the private sector (at 235 % of GDP in 2012) continues to be a matter of concern. Household debt, hovering around 80 % of GDP or roughly 170 % of disposable income, has only recently stabilised and is not likely to decline in the near future given continued credit growth and a slow pace of mortgage amortisation. The current tax deductibility of interest payments and low recurrent property taxes contribute to a debt bias in Swedish housing taxation, contributing to high debt levels. Moreover, the relatively big gap between the effective marginal tax rate on debt and on equity for new investment suggests a continued bias towards debt-financing for corporations. Sweden has recently restricted the deductibility of intra-group interest expenses but has no comprehensive system to correct the debt-equity tax bias. Corporate debt remains substantial at 149 % of GDP.

               (12)

               Although the Swedish housing market has been stable in the recent past, it remains a potential source of instability. On the supply side, the Swedish housing market is characterised by some inefficiencies which may contribute to driving house prices upwards and creating undesirable lock-in effects. Swedish construction investments are only half of those of other Nordic countries, both in relation to GDP as well as population. At present, it often takes several years to launch a new project, due to lengthy processes at the municipal level. Streamlining these processes would increase the flexibility of housing supply, foster competition in the construction sector and decrease construction costs. Further reforms to the rent-setting system are needed to allow market forces to establish an optimal supply of rental housing at an adequate price. Addressing the inefficiencies of the housing market is likely to also help reduce household debt levels, as these issues are interlinked.

               (13)

               In Sweden, unemployment rates for young people, people with a migrant background, and the low-skilled in general remain far above those of the rest of the working-age population and above the EU average. Sweden has taken a large number of new relevant measures to address this issue. Measures targeting the integration of people with a migrant background into the labour market have already produced initial results in lowering the unemployment rate, but continued efforts are needed to reduce the gap between them and the rest of the population. So far, young people have not noticeably benefited from the measures. However, a number of promising measures have been put in place or are in the pipeline; these include supporting work introduction agreements within the context of the Swedish model of wage setting by fully independent social partners. Efforts to strengthen apprenticeships and other types of work-based vocational education are also fully relevant but these will have to be more ambitious if they are to have the desired impact. Continued progress would be warranted in reviewing employment-protection legislation and exploiting the benefits of the job guarantee for young people. More narrowly-defined measures targeting those in most need should be preferred to general subsidies. Under the Swedish Job Guarantee, young people who are seeking work through the Public Employment Service and who have already been unemployed for 90 days are offered targeted services to help them to improve their chances of finding employment and education opportunities. However, the guarantee currently seems less effectively targeted towards young people who are not in education or training, nor registered with the Public Employment Service. In line with the 2012 Recommendation, Sweden has commissioned a review of the effects of the reduced VAT rate for restaurants and catering services on prices, wages and employment of young people, which should deliver preliminary results in January 2014 and final conclusions in 2016. This review will be important, given the concerns raised about the cost-effectiveness of this measure.

               (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 Convergence Programme and National Reform Programme, and presented an in-depth review. It has taken into account not only their relevance for sustainable fiscal and socioeconomic policy in Sweden but also their compliance with EU rules and guidance, given the need to reinforce the overall economic governance of the European Union by providing EU-level input into future national decisions. Its recommendations under the European Semester are reflected in recommendations (1) to (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 2013-2014 to:

               1.

               Implement the measures necessary to pursue a growth-friendly fiscal policy and preserve a sound fiscal position ensuring compliance with the MTO over the programme horizon.

               2.

               Continue addressing risks related to private debt by reducing the debt bias in housing taxation by phasing out tax deductibility of interest payments on mortgages or/and increasing property taxes. Take further measures to foster prudent lending by measures promoting amortisation of mortgages. Further reduce the debt-bias in corporate taxation.

               3.

               Improve the efficiency of the housing market by continued reforms of the rent setting system and strengthening the freedom of contract between individual tenants and landlords. Promote increased competition in the construction sector and review the planning, zoning and approval processes with the aim of increasing transparency, shortening lead times and reducing entry barriers for construction companies.

               4.

               Reinforce efforts to improve the labour-market integration of low-skilled young people and people with a migrant background by stronger and better targeted measures to improve their employability and the labour demand for these groups. Step up efforts to facilitate the transition from school to work, including via a wider use of work-based learning, apprenticeships and other forms of contracts combining employment and education. Complete the Youth Guarantee to better cover young people not in education or training. Complete and draw conclusions from the review of the effectiveness of the current reduced VAT rate for restaurants and catering services in support of job creation.

      Done at Brussels, 9 July 2013.

            For the Council

            The President

         R. ŠADŽIUS

      (1)  OJ L 209, 2.8.1997, p. 1.

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

      (3)  Maintained for 2013 by Council Decision 2013/208/EU of 22 April 2013 on guidelines for the employment policies of the Member States (OJ L 118, 30.4.2013, p. 21).

      (4)  OJ C 219, 24.7.2012, p. 85.

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


title: Commission Recommendation (EU) 2017/84 of 16 January 2017 on the monitoring of mineral oil hydrocarbons in food and in materials and articles intended to come into contact with food (Text with EEA relevance. )

text:
               17.1.2017

               EN

               Official Journal of the European Union

               L 12/95

         COMMISSION RECOMMENDATION (EU) 2017/84
   of 16 January 2017
   on the monitoring of mineral oil hydrocarbons in food and in materials and articles intended to come into contact with food
   (Text with EEA relevance)
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 292 thereof,
   Whereas:

               (1)

               Mineral oil hydrocarbons (MOH) are chemical compounds derived mainly from crude oil, but also produced synthetically from coal, natural gas and biomass. MOH can be present in food through environmental contamination, lubricants for machinery used during harvesting and food production, processing aids, food additives and food contact materials. Food grade MOH products are treated in a way that the mineral oil aromatic hydrocarbons (MOAH) content is minimised.

               (2)

               In 2012 the Scientific Panel on Contaminants in the Food Chain (CONTAM Panel) of the European Food Safety Authority (EFSA) concluded (1) that the potential human health impact of groups of substances among the MOH vary widely. MOAH may act as genotoxic carcinogens, while some mineral oil saturated hydrocarbons (MOSH) can accumulate in human tissue and may cause adverse effects in the liver. As some MOAH are considered mutagenic and carcinogenic, it is important to organise monitoring of MOH to better understand the relative presence of MOSH and MOAH in food commodities that are major contributors to dietary exposure.

               (3)

               As migration from food contact materials such as paper and board packaging is suspected to contribute significantly to the total exposure, monitoring should include pre-packaged food, the packaging material and the presence of functional barriers, and equipment used for storage and processing. Certain parameters may increase the migration of MOH from packaging into food, such as storage time and storage conditions. As MOH are easier to detect in high quantities, the sampling strategy should take account of such parameters when their migration is highest.

               (4)

               To ensure reliability of the obtained analytical data, Member States should ensure the availability of suitable analytical equipment and gain sufficient experience in the analysis of MOH both in food and in food contact materials before generating analytical results.

               (5)

               To ensure the uniform application of this recommendation, the European Union Reference Laboratory for Food Contact Materials (EU-RL) should provide further guidance to the competent authorities of the Member States and other interested parties, including guidance on information that could be collected during investigations as well as methods of sampling and analysis,

         HAS ADOPTED THIS RECOMMENDATION:

               1.

               Member States should, with the active involvement of food business operators as well as manufacturers, processors and distributors of food contact materials and other interested parties, monitor the presence of MOH in food during 2017 and 2018. The monitoring should cover animal fat, bread and rolls, fine bakery ware, breakfast cereals, confectionery (including chocolate) and cocoa, fish meat, fish products (canned fish), grains for human consumption, ices and desserts, oilseeds, pasta, products derived from cereals, pulses, sausages, tree nuts, vegetable oils, as well as food contact materials used for those products.

               2.

               To ensure uniform application of this recommendation and in order to generate reliable and comparable results of the monitoring, specific guidance developed by the EU-RL in the context of this Recommendation (‘the guidance’) should be followed. As such guidance does not exist yet, the Member States should collaborate with the EU-RL to jointly develop that guidance in accordance with their needs for developing analytical capabilities.

               3.

               Member States should perform food sampling in accordance with the provisions laid down in Commission Regulation (EC) No 333/2007 (2). Sampling should include a proportionate number of pre-packaged foods. Sampling of food contact materials should be carried out in accordance with the best practices appropriate for specific materials or articles as reflected in the guidance. Further possible sources of MOH related to the use of other food contact materials in the supply chain, such as during storage or processing, should be investigated where there is a clear indication that these are contributing to the presence of MOH. The sampling of pre-packaged food should focus on commodities that are closer to the end of the minimum date of durability, and where storage or processing takes place at relatively warm conditions.

               4.

               The samples should be analysed as marketed. For pre-packaged food, the level of mineral oil hydrocarbons should be determined both in the food and in the food contact material if that is the suspected source of detected MOH. Particular attention should be paid to the differences between MOSH and MOAH and to the interpretation of the analytical results to ensure that the generated data are reliable and comparable. Member States which intend to analyse the presence of MOSH and MOAH in foods and food contact materials may request technical assistance of the EU-RL for Food Contact Materials.

               5.

               Where MOH are detected in food, Member States should carry out further investigations in the food business establishments in order to determine the possible source or sources. The investigations should, wherever possible, cover the systems operated by the food business operator that could affect or control contamination (e.g. production and processing methods, Hazard Analysis and Critical Control Points (HACCP) or similar systems or measures implemented to prevent such presence).

               6.

               Where MOH are detected in or originate from food contact materials, Member States should collect data on the food contact material (e.g. type and composition of the packaging material, presence of functional barrier, shelf life of the packaged food) and carry out further investigations in the establishments of the manufacturers, processors and distributors of food contact materials to establish the systems operated by the businesses concerned (e.g. production and processing methods of food contact material, and documentation required under Commission Regulation (EC) No 2023/2006 (3) on good manufacturing practices) as indicated in the guidance.

               7.

               Member States, food business operators, manufacturers, processors and distributors of food contact materials and other interested parties should provide to EFSA the monitoring data expressed on whole mass basis with the information and in the electronic reporting format as set out by EFSA for compilation into a single database. They should preferably provide the monitoring data by 1 October 2017 and subsequently by 1 October 2018. The last results should be provided by 28 February 2019. Potentially available occurrence data from 2016 that has not yet been provided should be transmitted in accordance with the same modalities at the earliest opportunity.

      Done at Brussels, 16 January 2017.

            For the Commission

         Vytenis ANDRIUKAITIS

            Member of the Commission

      (1)  EFSA Panel on Contaminants in the Food Chain (CONTAM); Scientific Opinion on Mineral Oil Hydrocarbons in Food. EFSA Journal 2012;10(6):2704. p. 185 pp., doi:10.2903/j.efsa.2012.2704.

      (2)  Commission Regulation (EC) No 333/2007 of 28 March 2007 laying down the methods of sampling and analysis for the official control of the levels of lead, cadmium, mercury, inorganic tin, 3-MCPD and benzo(a)pyrene in foodstuffs (OJ L 88, 29.3.2007, p. 29).

      (3)  Commission Regulation (EC) No 2023/2006 of 22 December 2006 on good manufacturing practice for materials and articles intended to come into contact with food (OJ L 384, 29.12.2006, p. 75).


title: Recommendation of the European Central Bank of 17 April 2013 to the Council of the European Union on the external auditors of the Oesterreichische Nationalbank (ECB/2013/8)

text:
               23.4.2013

               EN

               Official Journal of the European Union

               C 115/1

         RECOMMENDATION OF THE EUROPEAN CENTRAL BANK
   of 17 April 2013
   to the Council of the European Union on the external auditors of the Oesterreichische Nationalbank
   (ECB/2013/8)
   2013/C 115/01
   THE GOVERNING COUNCIL OF THE EUROPEAN CENTRAL BANK,
   Having regard to the Statute of the European System of Central Banks and of the European Central Bank, and in particular Article 27.1 thereof,
   Whereas:

               (1)

               The accounts of the European Central Bank (ECB) and national central banks of the Member States whose currency is the euro are audited by independent external auditors recommended by the ECB’s Governing Council and approved by the Council of the European Union.

               (2)

               Following an amendment, Article 37(1) of the Law on the Oesterreichische Nationalbank now provides that the General Meeting of the Oesterreichische Nationalbank elects one external auditor and one alternate external auditor each year instead of two external auditors and two alternate external auditors. The alternate external auditor will be mandated only in the event that the external auditor is unable to perform the audit.

               (3)

               The mandates of both the current external auditors and the current alternate external auditors of the Oesterreichische Nationalbank ended following the audit for the financial year 2012. It is therefore necessary to appoint external auditors from the financial year 2013.

               (4)

               The Oesterreichische Nationalbank has selected for the financial year 2013 KPMG Wirtschaftsprüfungs- und Steuerberatungs AG as its external auditors and PwC Wirtschaftsprüfung GmbH as its new alternate external auditors.

               (5)

               The mandates of the external auditors and the alternate external auditors may be renewed on an annual basis, in either case not exceeding a total term of five years,

         HAS ADOPTED THIS RECOMMENDATION:

               1.

               It is recommended that KPMG Wirtschaftsprüfungs- und Steuerberatungs AG should be appointed as the external auditors of the Oesterreichische Nationalbank for the financial year 2013.

               2.

               It is recommended that PwC Wirtschaftsprüfung GmbH should be appointed as the alternate external auditors of the Oesterreichische Nationalbank for the financial year 2013.

               3.

               The mandates of the external auditors and the alternate external auditors may be renewed on an annual basis. In either case the mandate should not exceed a total term of five years, ending with the financial year 2017 at the latest.

      Done at Frankfurt am Main, 17 April 2013.

            The President of the ECB

         Mario DRAGHI


Avis juridique important

|

31985H0064

85/64/EEC: Commission Recommendation of 20 December 1984 concerning a European Agreement on au pair placement sponsored by the Council of Europe

Official Journal L 024 , 29/01/1985 P. 0027 - 0027 Spanish special edition: Chapter 05 Volume 4 P. 0135  Portuguese special edition Chapter 05 Volume 4 P. 0135

*****COMMISSION  RECOMMENDATION  of 20 December 1984  concerning a European Agreement on au pair placement sponsored by the Council of Europe  (85/64/EEC)  I  1. Ever-increasing numbers of young people are travelling abroad to work 'au pair', thereby contributing towards international understanding through the acquisition of knowledge of other languages and cultures.  2. There are considerable differences between Community Member States as regards the degree of protection afforded to persons using the au pair placement system; this gives rise to various problems due to lack of adequate information for those concerned (persons placed au pair and host families) and lack of specific uniform provisions.  3. The alignment of national measures in respect of persons placed au pair would improve the living and working conditions, education and reception of such persons, thus putting into effect the general aims of the Treaty to promote close cooperation between Member States in the social field.  4. Persons placed au pair constitute a special category which has features of both the worker and student categories. It is therefore appropriate to adopt special provisions in their regard.  The Commission of the European Communities has taken note of the European Agreement on au pair placement sponsored by the Council of Europe. The Commission believes that this Agreement provides a suitable vehicle for introducing, at European level, a specific status for persons placed au pair and laying down rules governing living and working conditions, education, social security and the rights and duties of the host family, in addition to setting up national consultation and information facilities.  II  Accordingly, and pursuant to the second indent of Article 155 of the Treaty establishing the European Economic Community, the Commission, bearing in mind that Article 118 of the Treaty entrusts the Commission with the task of promoting close cooperation between Member States in the social field, particularly in matters relating to labour law and working conditions, recommends that the Member States sign and ratify as soon as possible, in so far as they have not already done so, the European Agreement on au pair of the Council of Europe.  The Member States will inform the Commission as soon as possible of steps taken in conformity with this recommendation.  Done at Brussels, 20 December 1984.  For the Commission  Ivor RICHARD  Member of the Commission


   EN
EN    EN
 ---pagebreak---                     EUROPEAN COMMISSION
                                                        Brussels, 3.12.2010
                                                        SEC(2010) 1515 final
                                      Recommendation for a
                              COUNCIL RECOMMENDATION
   With a view to bringing an end to the situation of an excessive government deficit in Ireland
EN                                                                                EN
 ---pagebreak---                                          Recommendation for a
                                 COUNCIL RECOMMENDATION
    With a view to bringing an end to the situation of an excessive government deficit in Ireland
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular
   Article 126(7) in conjunction with Article 126(13) thereof;
   Having regard to the recommendation from the Commission,
   Whereas:
   (1) According to Article 126(1) of the Treaty on the Functioning of the European Union
   (TFEU) Member States shall avoid excessive government deficits.
   (2) The Stability and Growth Pact is based on the objective of sound government finances as a
   means of strengthening the conditions for price stability and for strong sustainable growth
   conducive to employment creation.
   (3) The 2005 reform of the Stability and Growth Pact sought to strengthen its effectiveness
   and economic underpinnings as well as to safeguard the sustainability of the public finances
   in the long run. It aimed at ensuring that in particular the economic and budgetary background
   was taken into account fully in all steps in the excessive deficit procedure (EDP). In this way,
   the Stability and Growth Pact provides the framework supporting government policies for a
   prompt return to sound budgetary positions taking account of the economic situation.
   (4) According to Article 3(5) of Council Regulation (EC) No 1467/97, if effective action has
   been taken in compliance with a Recommendation in accordance with Article 126(7) of the
   Treaty and unexpected adverse economic events with major unfavourable consequences for
   government finances occur after the adoption of that Recommendation, the Council may
   decide, on a recommendation from the Commission, to adopt a revised Recommendation
   under Article 126(7) of the Treaty.
   (5) On 27 April 2009, the Council decided, in accordance with Article 104(6) of the Treaty
   establishing the European Community (TEC), that an excessive deficit existed in Ireland and
   issued recommendations to correct the excessive deficit by 2013 at the latest. The Council
   also set a deadline of 27 October 2009 for effective action to be taken.
   (6) On 2 December 2009, the Council concluded that the Irish authorities had taken effective
   action in compliance with the Council recommendations of 27 April 2009 but that unexpected
   adverse economic events with major unfavourable consequences for government finances
   could be considered to have occurred in Ireland. The Council therefore adopted a revised
   Recommendation under Article 126(7) of the Treaty, postponing the deadline for the
   correction of the excessive deficit to 2014.
EN                                                  2                                               EN
 ---pagebreak---    (7) On 13 July 2010, the Council concluded that the Irish authorities had taken effective
   action in compliance with the Council recommendations.
   (8) According to the Commission services' autumn 2009 forecasts, which provided the basis
   for the Council's December 2009 recommendations issued to Ireland under Article 104(7) of
   the Treaty, real GDP was expected to contract by 1.4% in 2010, followed by an expansion by
   2.6% in 2011. According to the Commission services' autumn 2010 forecasts and the most
   recent assessment made by the Commission services, the decline in output in 2010 is now
   expected to have stood at just 0.2%. However, the economic outlook has worsened over the
   last months, with real GDP growth now projected at 0.9% in 2011 and 1.9% in 2012 in the
   Commission services autumn 2010 forecast. Moreover, the impact of the crisis on the
   financial sector has turned out to be much more pronounced than anticipated. The support
   measures deemed necessary to preserve financial stability and restore confidence in the
   banking sector and thereby support the economy's return to sustainable growth have a very
   large additional budgetary cost. Due to the unforeseen capital injections in the banking sector
   and an increase in the sovereign funding costs, interest expenditure relative to GDP is
   projected to increase by 2.3 pps. by 2014 compared to the projections in the December 2009
   Stability Programme.
   (9) As a consequence, the fiscal situation is significantly worse than expected, with the
   Commission services' autumn 2010 forecast projecting the headline general government
   deficit to reach 32.3% of GDP in 2010. This reflects the large one-off banking sector support
   measures. Without these measures, the deficit would have been expected to measure12.5% of
   GDP in 2010. This is worse than the 11.6% of GDP projected in the December 2009 Stability
   Programme update but markedly better than the 14.7% of GDP projected on the basis of a no-
   policy-change assumption in the Commission services' autumn 2009 forecast underlying the
   December 2009 Council Recommendation. Relative to this no-policy-change path, and in line
   with the December 2009 Council Recommendation, a fiscal consolidation package of 2½% of
   GDP was included in the budget for 2010, and fully implemented. The cyclically adjusted
   deficit net of one-off effects is estimated to have widened by 1¼ percentage points of GDP to
   around 11% of GDP in 2010. However, this reflects developments in revenue elasticities
   during the deep recession rather than discretionary measures. On the contrary, large
   consolidation packages have been adopted since mid-2008, amounting to some 9% of GDP in
   2009-10.
   (10) The Irish economy is projected to record lower growth rates in the immediate post-crisis
   period compared to the pre-crisis boom period. In the Commission services autumn 2010
   forecast, real GDP growth is projected at 0.9% in 2011 and 1.9% in 2012. According to
   current Commission projections real GDP growth of 2.5% in 2013, 3.0% in 2014 and 3.0% in
   2015 is expected. Price developments are also expected to be moderate. Nominal GDP is
   projected to increase by 1.3% in 2011 and 2.7% in 2012 in the Commission services autumn
   2010 forecast, while increases by 3.8% in 2013, 4.6% in 2014 and 4.8% in 2015 are expected
   according to current Commission projections. Given these macroeconomic assumptions,
   reducing the government deficit to below 3% of GDP by 2015 would require an improvement
   in the structural balance of at least 9½% of GDP over the period 2011-2015.
   (11) Overall, in view of the above considerations, unexpected adverse economic events with
   major unfavourable consequences for government finances can be considered to have
   occurred after adoption of the Recommendation under Article 126(7) of the Treaty. Moreover,
   the conclusion reached by the Council on 13 July 2010 that Ireland had taken action
   representing adequate progress towards the correction of the excessive deficit remains valid.
EN                                                  3                                              EN
 ---pagebreak---    Finally, the higher starting point for the government deficit, compounded by the worse
   macroeconomic outlook and higher than foreseen interest expenditures make the achievement
   of the initial deficit reduction path unfeasible. Against this background, revised
   recommendations under Article 126(7) of the Treaty extending the deadline for the correction
   of the excessive deficit by one year to 2015 are justified.
   (12) Gross public debt increased from 25% of GDP in 2007 to 65.5% of GDP at end 2009,
   thereby breaching the 60%-of-GDP reference value of the Treaty. The ratio is projected to
   increase to 97.4% of GDP at end 2010 in the Commission services' autumn 2010 forecasts.
   The increase relative to the low pre-crisis level has been fuelled by a large primary general
   government deficit emerging in the course of this crisis. Measures to support the vulnerable
   banking sector made a significant contribution to the increase in deficit and debt in 2009 and
   2010 of around 22½ percentage points of GDP in cumulative terms over the two years.
   Moreover, increased interest payments are feeding into debt developments. Achieving a
   revised deficit reduction path leading to a deficit below 3% of GDP in 2015 would imply that
   the debt ratio would stabilise in 2013 and start declining thereafter. Debt dynamics are
   affected by several below-the-line operations, which are projected to increase the debt-to-
   GDP ratio by 5.3 pps. of GDP in 2011, 0.8 pp. in 2010 and reduce it by 1.3 pps. in 2013, 1.1
   pps. in 2014 and 1 pp. in 2015. These include projected capital injection into banks and
   reductions in cash reserves in 2011, as well as differences between accrued and cash interest
   payments.
   (13) On 24 November 2010 the authorities published a comprehensive National Recovery
   Plan 2011-2014 setting out detailed fiscal consolidation plans aiming at putting gross public
   debt on a firm downward path by reducing the deficit over the horizon of the plan. An overall
   consolidation effort of EUR 15bn is envisaged over the period, effectively doubling the
   adjustment of EUR 7.5bn foreseen in the December 2009 Stability Programme update. The
   adjustment is clearly frontloaded, with a EUR 6bn consolidation package planned for 2011. It
   is foreseen that two thirds of the adjustment should be made on the expenditure side. The plan
   also sets out structural reforms, notably in the labour market. Moreover, the authorities have
   developed a comprehensive strategy to overhaul the financial sector. The strategy aims at
   restoring confidence in the sector, achieving a substantial downsizing of the sector, isolating
   the viable parts of the system and returning the sector to healthy functionality, supported by
   adequate recapitalisation measures.
   (14) In order to further enhance the credibility of the medium-term consolidation strategy, it
   will be crucial to address the weaknesses of the budgetary framework. Ireland should adopt
   and implement the fiscal rule that any additional unplanned revenues in 2011-2015 will be
   allocated to deficit and debt reduction. In accordance with the proposal set out in the National
   Recovery Plan 2011-2014, Ireland should establish a budgetary advisory council to provide an
   independent assessment of the Government's budgetary position and forecasts. Finally,
   adoption of a Fiscal Responsibility Law introducing a medium-term expenditure framework
   with binding multi-annual ceilings on expenditure in each area would support the planned
   adjustment. This shall be made taking into account any revised economic governance reforms
   at EU level and build on reforms already in place.
   (15) The long-term budgetary impact of ageing in Ireland is above the EU average, mainly as
   a result of a relatively high projected increase in pension expenditure over the coming
   decades. The budgetary position in 2010 compounds the budgetary impact of population
   ageing on the sustainability gap. Improving the primary balance over the medium term and
EN                                                 4                                                EN
 ---pagebreak---    further reforms would contribute to reducing the risk to the long-term sustainability of public
   finances.
   (16) Enhanced surveillance under the EDP, which seems necessary in view of the deadline for
   the correction of the excessive deficit, will require regular and timely monitoring of the
   progress made in the implementation of the fiscal consolidation strategy. In this context, a
   separate chapter in the updates of the Irish stability programme which will be prepared
   between 2009 and 2015 could usefully be devoted to this issue. Moreover, monitoring of
   fiscal targets will be undertaken in line with the provisions of the financial assistance
   programme for Ireland as also set out in the [7] December 2010 Council Decision on granting
   Union financial assistance addressed to Ireland.
   HEREBY RECOMMENDS:
   1.        Recognising that Ireland’s worse budgetary position in 2010 resulted from the impact
             of the crisis on government revenue and the financial sector, requiring the
             implementation of very large financial sector support measures, the Irish authorities
             should put an end to the present excessive deficit situation by 2015.
   2.        The Irish authorities should bring the general government deficit below 3% of GDP
             in a credible and sustainable manner by taking action in a medium-term framework.
             Specifically, to this end, the Irish authorities should:
             (a) Implement measures such that the general government deficit does not exceed
             10.6% of projected GDP in 2011, 8.6% of GDP in 2012, 7.5% of GDP in 2013, 5.1%
             of GDP in 2014 and 2.9% of GDP in 2015, and where the projected annual deficit
             path does not incorporate the possible direct effect of potential bank support
             measures in the context of the government's financial sector strategy as set out in the
             Memorandum of Economic and Financial Polices (MEFP) and specified in the
             Memorandum of Understanding to be signed by the Commission and the Irish
             authorities. Ireland shall stand ready to take additional consolidation measures to
             ensure reducing the deficit to below 3% of GDP in 2015 in case downside risks to
             the deficit targets materialise. Further, this path is consistent with the preliminary
             view of Eurostat on the ESA95 accounting treatment of time of recording of interest
             payments on promissory notes payable to Anglo Irish Bank1, such that a revision of
             that view would result in a revision of the deficit path;
             (b) Achieve an improvement in the structural balance of at least 9½% of GDP over
             the period 2011-2015;
   3.        In addition, the Irish authorities should seize opportunities, including from better
             economic conditions, to accelerate the reduction of the gross debt ratio back towards
             the 60% of GDP reference value.
   4.        To limit risks to the adjustment, Ireland should establish a budgetary advisory
             council to provide an independent assessment of the Government's budgetary
             position and forecasts. Ireland should adopt a Fiscal Responsibility Law introducing
   1
           See
           http://epp.eurostat.ec.europa.eu/portal/page/portal/government_finance_statistics/methodology/advice_
           member_states.
EN                                                        5                                                      EN
 ---pagebreak---              a medium-term expenditure framework with binding multi-annual ceilings on
             expenditure in each area.
   5.        To reduce the risks to the long-term sustainability of public finances, the Irish
             authorities should pursue further reforms to the social security system.
   6.        The Council establishes the deadline of 7 June 2011 for the Irish government to take
             effective action to specify the measures that will be necessary to progress towards the
             correction of the excessive deficit. The assessment of effective action will take into
             account economic developments compared to the economic outlook in the
             Commission services' autumn 2010 forecast.
   The Irish authorities should report on progress made in the implementation of these
   recommendations in a separate chapter in the updates of the stability programmes which will
   be prepared between 2011 and 2015.
   Further, the Council invites the Irish authorities to implement reforms with a view to raising
   potential GDP growth. In addition, Ireland is invited to foster a swift adjustment to
   sustainable medium-term growth by productivity-enhancing measures and appropriate wage
   policies to help restore competitiveness.
   This Recommendation is addressed to Ireland.
   Done at Brussels, […]
                                                 For the Council
                                                 The President
EN                                                  6                                                EN


Avis juridique important

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31979K0720

Commission Recommendation No 720/79/ECSC of 9 April 1979 providing for the termination of the application of the provisional anti-dumping duty established in relation to imports of certain hematite pig iron originating in Brazil

Official Journal L 092 , 11/04/1979 P. 0010 - 0010

****( 1 ) OJ NO L 114 , 5 . 5 . 1977 , P . 6 .  ( 2 ) OJ NO L 352 , 31 . 12 . 1977 , P . 13 .  ( 3 ) OJ NO L 21 , 30 . 1 . 1979 , P . 14 .  ( 4 ) OJ NO L 41 , 16 . 2 . 1979 , P . 29 .    COMMISSION RECOMMENDATION NO 720/79/ECSC   OF 9 APRIL 1979   PROVIDING FOR THE TERMINATION OF THE APPLICATION OF THE PROVISIONAL ANTI-DUMPING DUTY ESTABLISHED IN RELATION TO IMPORTS OF CERTAIN HEMATITE PIG IRON ORIGINATING IN BRAZIL   THE COMMISSION OF THE EUROPEAN   COMMUNITIES ,   HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN COAL AND STEEL COMMUNITY , AND IN PARTICULAR ARTICLE 74 THEREOF ,   HAVING REGARD TO COMMISSION RECOMMENDATION 77/329/ECSC OF 15 APRIL 1977 ON PROTECTION AGAINST DUMPING OR THE GRANTING OF BOUNTIES OR SUBSIDIES BY COUNTRIES WHICH ARE NOT MEMBERS OF THE EUROPEAN COAL AND STEEL COMMUNITY ( 1 ), AS AMENDED BY RECOMMENDATIONS NO 3004/77/ECSC ( 2 ) AND NO 158/79/ECSC ( 3 ), AND IN PARTICULAR ARTICLES 15 AND 19 THEREOF ,   HAVING HEARD THE OPINIONS EXPRESSED WITHIN THE ADVISORY COMMITTEE PROVIDED FOR BY RECOMMENDATION 77/329/ECSC ,   WHEREAS THE COMMISSION HAS ESTABLISHED , BY RECOMMENDATION NO 294/79/ECSC ( 4 ), A PROVISIONAL ANTI-DUMPING DUTY IN RELATION TO IMPORTS OF CERTAIN HEMATITE PIG IRON ORIGINATING IN BRAZIL ;   WHEREAS SINCE THAT TIME CERTAIN ARRANGEMENTS HAVE BEEN MADE BETWEEN THE COMMUNITY AND BRAZIL WITH RESPECT TO TRADE IN STEEL PRODUCTS WHICH ARRANGEMENTS HOWEVER ONLY APPLY TO DIRECT IMPORTS ;   WHEREAS THESE ARRANGEMENTS , WHICH THE COMMISSION DEEMS ACCEPTABLE , ALLOW THE FURTHER APPLICATION OF PROVISIONAL ANTI-DUMPING DUTIES ON DIRECT IMPORTS TO BE TERMINATED FROM THE DATE OF ENTRY INTO FORCE OF THE SAID ARRANGEMENTS ,   HAS ADOPTED THIS RECOMMENDATION :   ARTICLE 1   THE APPLICATION OF THE PROVISIONAL ANTI-DUMPING DUTY ESTABLISHED BY COMMISSION RECOMMENDATION NO 294/79/ECSC , IN RELATION TO IMPORTS OF HEMATITE PIG IRON WITH A CONTENT OF MORE THAN 1 % SILICON AND CONTAINING AT LEAST 0.1 % OF MANGANESE BY WEIGHT ORIGINATING IN BRAZIL IS TERMINATED WITH EFFECT FROM 26 MARCH 1979 IN RESPECT OF DELIVERIES ORIGINATING IN AND CONSIGNED FROM BRAZIL . NEVERTHELESS THIS DUTY IS MAINTAINED IN RESPECT OF DELIVERIES ORIGINATING IN BRAZIL BUT CONSIGNED FROM OTHER COUNTRIES .   NO OTHER ANTI-DUMPING DUTY OR OTHER SIMILAR MEASURES WILL BE APPLIED TO IMPORTS OF STEEL PRODUCTS FALLING UNDER THE ECSC TREATY AND ORIGINATING IN BRAZIL UNLESS A COUNTER-RECOMMENDATION IS MADE BY THE COMMISSION .   ARTICLE 2   THIS RECOMMENDATION IS ADDRESSED TO THE MEMBER STATES .   IT WILL ENTER INTO FORCE IN RESPECT OF EACH MEMBER STATE FROM THE DATE OF ITS PUBLICATION IN THE OFFICIAL JOURNAL OF THE EUROPEAN COMMUNITIES .   DONE AT BRUSSELS , 9 APRIL 1979 .   FOR THE COMMISSION   ETIENNE DAVIGNON   MEMBER OF THE COMMISSION


Important legal notice

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52008DC0070

Recommendation from the Commission to the Council on the participation of the European Community in negotiations towards a legally binding instrument on mercury further to Decision 24/3 of the Governing Council of the United Nations environment programme (UNEP)  /* COM/2008/0070 final */

	[pic] | COMMISSION OF THE EUROPEAN COMMUNITIES |Brussels, 12.2.2008COM(2008) 70 finalRECOMMENDATION FROM THE COMMISSION TO THE COUNCILon the participation of the European Community in negotiations towards a legally binding instrument on mercury further to Decision 24/3 of the Governing Council of the United Nations Environment Programme (UNEP)A. EXPLANATORY MEMORANDUM1. OBJECTIVESThe objective of the Recommendation is to ensure a reliable, consistent and efficient negotiation position of the Community in the upcoming process launched by the Governing Council of United Nations Environment Programme (UNEP) at its 24th session (Decision 24/3 on chemicals management), with a view to adopt an international legally binding instrument on mercury.2. GENERAL CONTEXTUNEP recognised already in 2003 that there was sufficient evidence of significant global adverse impacts from mercury and its compounds to warrant further international action to reduce the risk to human health and the environment from the release of mercury and its compounds to the environment. The Decision, establishing a "Programme for international action on mercury", did however not call for any legally binding action on mercury at the global level.The 23rd Governing Council (GC) Session adopted Decision 23/9 which left it to the next Session to assess "the need for further action on mercury, considering a full range of options, including the possibility of a legally binding instrument, partnerships and other actions".The 24th Session of the UNEP GC re-launched the debate on the need for a legally binding instrument at the international level. No agreement could be found yet. The GC decided however on a list of priority issues, including the reduction of global mercury demand and supply, and put in place an ad hoc open-ended working group (AHOEWG) mandated to examine, for each of the priorities, the range of available response measures and strategies, the feasibility and effectiveness of voluntary and legally binding approaches, implementation options and cost and benefits of response measures and strategies[1].The ad-hoc open ended working group is scheduled to meet twice, once before the 10th Special Session of the UNEP GC, in the week of 12 November 2007, and a second time between that Special Session and the 25th regular UNEP GC scheduled for February 2009. The group is mandated to provide a progress report to the Special Session and a final report presenting options and consensus recommendations to GC 25.On EU level, the Commission adopted its Community Strategy Concerning Mercury[2] in 2005. Action 5 of the Strategy reads: " As a pro-active contribution to a proposed globally organised effort to phase out primary production of mercury and to stop surpluses re-entering the market, … the Commission intends … to phase out the export of mercury from the Community by 2011 ". Action 20 stipulates that " to reduce mercury supply internationally, the Community should advocate a global phase-out of primary production and encourage other countries to stop surpluses re-entering the market ". In reaction to the Strategy, the Council, in its Resolution of 16 June 2005 underlined the importance of this action, but also stated that it " will not be sufficient to protect human health and the environment from the negative effects of the mercury released into the environment" and that therefore "an international commitment is needed in addition, with a view to agreeing on a legally binding instrument ".This continued to be the EU position during the 24th Session of the UNEP Governing Council (5-9 February 2007). There was some support for legally binding regulation on mercury at the global level from African and South American countries, but others like the USA, Canada, China and India refused to commit towards a LBI approach, at least for the time being.It is therefore evident that the four-step structure now put in place by UNEP, as described above, will be decisive for the commitment of the international Community towards further action by means of a LBI, or by giving preference to other instruments. Even if the group is not formally designed as a negotiation body, it is evident from the last GC meetings that, as a matter of fact, it will work very much like an international negotiation committee in its first phase of work. The Community's ambition to come to a global legally binding instrument on mercury needs therefore to be brought forward and supported in a consistent and convincing way. Enhanced co-operation ensuring a high quality input into the process will be of high importance.3. EXISTING COMMUNITY PROVISIONSMercury is a substance already regulated to a large extent by existing legislation at Community level. The mercury related acquis consists of some ten Directives and Decisions limiting the content of mercury in certain products, from cosmetics to batteries, or restricting the marketing and use of mercury containing products. An overview list of mercury related Community legislation is given in chapter 5.3 of the Impact Assessment accompanying the recent proposal of a Regulation on the banning of exports and the safe storage of metallic mercury[3]. Another important piece of Community legislation still in the legislative process is the Proposal for a Directive relating to restrictions on the marketing of certain measuring devices containing mercury[4]. This Proposal, as well as the Mercury Strategy itself, is complemented by an Impact Assessment.B. RECOMMENDATIONIn the light of the above, the Commission recommends:a) that the Council authorizes the Commission to participate, on behalf of the European Community, on matters falling under Community competence, in the negotiations towards a legally binding instrument on mercury further to UNEP GC Decision 24/3, starting with the ad-hoc open ended working group established under this Decision;b) that the Council authorizes the Commission to conduct these negotiations on behalf of the European Community, in consultation with the special committee designated by the Council in accordance with the negotiating directives set out in the Annex;c) that, when the negotiations deal with matters falling within the shared competence of the Community and of the Member States, the Commission and the Member States should cooperate closely during the negotiation process, with a view to aiming for unity in the international representation of the European Community.ANNEXNegotiating Directives1. In the assessment and negotiation process under the auspices of UNEP the Commission will ensure that the full range of measures and available options for a global risk management of mercury are considered, with a particular attention on primary mercury production, restrictions in the trade of metallic mercury, products containing mercury and the use of mercury in the chlor-alkali industry. The Commission will aim for the early adoption of suitable legally binding measures covering these items and the relevant players on the world market.2. The Commission shall ensure that the provisions of the future legally binding instrument are consistent with relevant Community legislation, with international commitments and with the objectives of Community policies, in particular of the Community Strategy Concerning Mercury.3. The Commission shall ensure that the draft legally binding instrument on mercury contains appropriate provisions enabling the Community to become a Contracting Party thereto.4. The Commission shall report to the Council on the outcome of the negotiations and, where appropriate, on any problem that may arise during the negotiation.[1] UNEP GC Decision 24/3 of 9 February 2007[2] COM(2005)20 final, 28.1.2005[3] COM(2006)636 final, 26.10.2006[4] COM(2006)69 final, 21.2.2006