title: Recommendation of the European Central Bank of 25 August 2011 to the Council of the European Union on the external auditors of the Banco de Portugal (ECB/2011/11)

text:
               2.9.2011

               EN

               Official Journal of the European Union

               C 258/1

         RECOMMENDATION OF THE EUROPEAN CENTRAL BANK
   of 25 August 2011
   to the Council of the European Union on the external auditors of the Banco de Portugal
   (ECB/2011/11)
   2011/C 258/01
   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 are audited by independent external auditors recommended by the ECB’s Governing Council and approved by the Council of the European Union.

               (2)

               The mandate of the Banco de Portugal’s current external auditors ended after the audit for the financial year 2010. It is therefore necessary to appoint external auditors from the financial year 2011.

               (3)

               The Banco de Portugal has selected PricewaterhouseCoopers & Associados — Sociedade de Revisores Oficiais de Contas, Lda. as its external auditors for the financial years 2011 to 2016,

         HAS ADOPTED THIS RECOMMENDATION:
   It is recommended that PricewaterhouseCoopers & Associados — Sociedade de Revisores Oficiais de Contas, Lda. should be appointed as the external auditors of the Banco de Portugal for the financial years 2011 to 2016.

      Done at Frankfurt am Main, 25 August 2011.

            The President of the ECB

         Jean-Claude TRICHET


Avis juridique important

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31992H0382

92/382/EEC: Council Recommendation of 5 June 1992 on the harmonized provision of a minimum set of packet-switched data services (PSDS) in accordance with open network provision (ONP) principles

Official Journal L 200 , 18/07/1992 P. 0001 - 0009

COUNCIL RECOMMENDATION of 5 June 1992 on the harmonized provision of a minimum set of packet-switched data services (PSDS) in accordance with open network provision (ONP) principles (92/382/EEC)THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to Council Directive 90/387/EEC fo 28 June 1990 on the establishment of the internal market for telecommunications services through the implementation of open network provision (1),  Having regard to the proposal from the Commission,  Whereas Council Directive 90/387/EEC considers, inter alia,  the principles for the application of open network provision (ONP) to the areas of packet and circuit-switched data services;  Whereas Directive 90/387/EEC provides in point 3 of Annex III for the adoption of a recommendation on the supply of technical interfaces, conditions of usage and tariff principles applying to the provision of packet-switched data services (PSDS)  complying with open network principles;  Whereas packet-switched public data networks are the most common networks through which packet-switched data services (PDS) are made available in all Member States;  Whereas packet-switched public data networks have developed on a national basis an the availability in each Member State of packet-switched public data networks with equivalent capabilities and providing full interconnectivity is important to meet the  requirements of pan-European data networking for value-added services provision;  Whereas PSDSs are important in supporting value added services at a European-wide level;  Whereas Directive 90/387/EEC calls for the availability in each Member State of a harmonized PSDS;  Whereas Member States should notify to the Commission those organizations whose provision of PSDSs enables Member States to comply with the provisions of point 3 of Annex III to Council Directive 90/387/EEC; whereas other organizations may offer PSDSs  in accordance with this recommendation;  Whereas, pursuant to the principle of non-discrimination, PSDSs shall be available and provided on request without discrimination to all users; whereas, therefore, the terms and conditions which apply to telecommunication organizations when using PSDSs  for the provision of services for which no special or exclusive rights may be maintained should be equivalent to the terms and conditions which apply to other users;  Whereas, in accordance with Directive 90/387/EEC, the conditions of ONP may not restrict access to and use of PSDSs except in the application of essential requirements as defined in the said Directive; whereas these restrictions must be objectively  justified, follow the principle of proportionality and not be excessive in relation to the aim pursued;  Whereas, in accordance with Article 3 (5) of Directive 90/387/EEC, the Commission will determine the rules for uniform application of the essential requirements in accordance with the procedure laid down in Article 10 of that Directive;  Whereas usage conditions for PSDSs must be derived from essential requirements compatible with Community law and are to be imposed through regulatory means and not through technical restrictions;  Whereas, in accordance with Commission Directive 90/388/EEC (2), Member States may make the supply of packet- or circuit-switched data services subject to licensing or declaration procedures which are aimed at compliance with essential requirements, or  trade regulations relating to conditions of permanence, availability and quality of service, or measures to safeguard the task of general economic interest which they have entrusted to a telecommunications organization for the provision of switched data  services, if the performance of that task is likely to be obstructed by the activities of private service providers;  Whereas, in accordance with Directive 90/387/EEC, the Commission has published in the Official Journal of the European Communities (3) the list of packet-switched public data networks standards suitable for ONP; this list may be amended by further  publication;  Whereas common ordering procedures, one-stop-ordering and one-stop billing and maintenance are desirable in order to encourage the use of PSDSs and the development of competition in the provision of value added services throughout the Community and have  been requested by users; whereas any cooperation between organizations in that area is subject to compliance with Community competition law; whereas, in particular, such procedures should not result in price fixing or market sharing; whereas, these  procedures are to be established through commercial arrangements, e.g. through memoranda of understanding;  Whereas the implementation of one-stop ordering and one-stop billing procedures by telecommunications organizations must not prevent offers by service providers other than telecommunications organizations;  Whereas, in order to promote European-wide operation by service providers using PSDSs, it is desirable to allow for a system where the called party pays for the calls on the basis of the number called, allowing the offering of free-of-charge calls to  the subscriber accessing the service offered by the provider (green number type arrangements);  Whereas, in order to promote the use of PSDSs by small- and medium-size providers of value-added services, it is desirable that billing arrangements which facilitate such operations across the Community are established; whereas such billing arrangements  should allow for a system where the cost of the value-added service and the cost of the call are combined in a single bill collected by the organization supplying PSDSs ('kiosk type arrangement');  Whereas it is important in this context that appropriate allocation of harmonized numbering capacity is made to allow the etablishment of such service arrangements across the Community; whereas such allocation should be made in accordance with the  principles of transparency and equal treatment;  Whereas quality of service as perceived by the users is an essential aspect of packet-switching; whereas information for users should allow for a comparison between achieved performance and typical or target values;  Whereas, in accordance with Directive 90/387/EEC, tariffs must be based on objective criteria, taking into account that, in a competitive environment, tariffs will align with cost; whereas they must be transparent and properly published and sufficiently  unbundled in accordance with the competition rules of the Treaty; whereas they must be non-discriminatory and must guarantee equal treatment;  Whereas Member States may restrict use and provision of PSDS to the extent necessary to ensure compliance with the regulations on the protection of data, including protection of personal data, the confidentiality of information transmitted or stored and  the protection of privacy compatible with Community law;  Whereas other offerings provided by organizations supplying PSDSs in addition to those provided in accordance with the provisions of this recommendation shall not impede the provision of the minimum set;  Whereas, in accordance with the principle of separation of regulatory and operational functions and pursuant to the principle of subsidiarity, the national regulatory authority of each Member State should play an important role in the application of  this recommendation;  Whereas, to enable the Commission to monitor effectively the application of this recommendation, it is necessary that Member States provide the relevant information requested by the Commission;  Whereas the Committee referred to in Articles 9 and 10 of Directive 90/387/EEC should play an important role in the application of this recommendation,  HEREBY RECOMMENDS:  1. That Member States ensure that on their territory a minimum set of packet-switched data services (PSDSs) with harmonized technical characteristics in accordance with Annex I is provided, taking into account market demand.  2. That modifications necessary to adapt Annex I to new technical developments and to changes in market demand be determined by the Commission in accordance with the procedure laid down in Article 10 of Directive 90/387/EEC, taking into account the  state of development of the national networks.  3. That Member States take the necessary steps so that, in respect of the PSDSs provided in accordance with point 1, information is published on technical characteristics, supply and usage conditions, tariffs, licensing and/or declaration conditions and  the conditions for the attachment of terminal equipment, in accordance with the presentation given in Annex II.  4. That the supply conditions referred to in point 3 include at least:  - information concerning the ordering procedure,  - the typical delivery periods, which are the periods counted from the date when the user has made a firm request for the service in question and in which 80 % of the requests for each type of PSDSs have been put through to the users.  Each period will be established on the basis of the actual delivery periods for each type of PSDSs during a recent time interval of reasonable duration. The calculation must not include cases where late delivery periods were requested by users. For new  types of PSDSs, a target delivery period shall be published in place of the typical delivery period,  - contractual periods, which include periods generally prescribed for contracts and the minimum contractual periods which the user is obliged to accept for each type of PSDSs,  - typical repair times, which are the periods, counted from the time when a failure message has been given to the responsible unit within the organization supplying PSDSs up to the moment in which 80 % of all PSDSs of the same type have been  re-established and, in appropriate cases, notified as back in operation to the users. For new types of PSDSs a target repair time period shall be published in place of the typical repair time. Where different classes of quality of repair are offered for  the same type of PSDSs, the different typical repair times shall be published,  - any refund procedure,  - target values for the indicators of quality of service established in accordance with point 6.  5. That Member States, taking into account the work of the European Conference on Postal and Telecommunications Administrations (CEPT) (4), encourage the establishment, in accordance with the procedural and substantive rules of competition of the Treaty  and in consultation with users, of harmonized procedures for user access to PSDSs, provided in accordance with the provisions of this recommendation, in particular via the establishment of the following procedures:  - a common ordering procedure for PSDSs throughout the Community, i.e. an ordering procedure for the procurement of intra-Community PSDSs which ensures that there is commonality, across the organizations supplying PSDSs, in the information which has to  be supplied by the user and the organization supplying PSDSs and the format in which the information is presented,  - a one-stop ordering procedure for PSDSs, to be applied where requested by the user, i.e. a system whereby all transactions involving a user which are required for the procurement of intra-Community PSDSs supplied by more than one organization to a  single user can be completed at one location between the user and a single organization supplying PSDSs,  - a one-stop-billing procedure for PSDSs, to be applied where requested by the user, i.e. a system whereby the billing and payment transaction for intra-Community PSDSs supplied by more than one organization to a single user can be completed at one  location between the user and a single organization supplying PSDSs, and - a one-stop-maintenance procedure for PSDSs, to be applied where requested by the user, i.e. a system whereby the reporting of faults for intra-Community PSDSs supplied by more than one organization to a single user can be done at one location between  the user and a single organization supplying PSDSs, which will coordinate the restoration of services.  The inclusion of the provision of Community-wide charging and billing procedures, allowing notably facilities which enable the called party to pay for the calls (5) or the combination in a single bill for the charge for the calls and the charge for the  value-added service used (6), is to be envisaged, taking into account its technical and administrative feasibility and commercial viability.  These harmonized procedures are to be established through commercial arrangements, e.g. through memoranda of understanding.  6. That common indicators and common measurement methods be adopted for the network performance aspects of the quality of service by organizations supplying PSDSs in accordance with this recommendation, notably for those indicators in Annex III, in  order to allow for the determination of a representative sample of the performance of the PSDSs as well as the statistical end-to-end performance achieved by the network as a whole.  7. That national regulatory authorities take the necessary steps so that annual statistical information showing achieved performance in relation to the quality of service indicators identified in Annex III is made publicly available.  The first annual period should run from 1 January to 31 December 1993.  8. That tariffs be transparent, based on objective criteria and independent of the type of application implemented by the users of the PSDSs, where the same type of offerings is used.  9. That tariffs for PSDSs normally contain the following elements:  - an initial connection charge,  - a periodic rental charge,  - a usage charge,  Where other tariff elements are applied, these must be in accordance with point 8.  10. That Member States inform the Commission before 31 December 1992 of those organizations whose provision of PSDSs enables Member States to comply with the provisions of point 3 of Annex III to Council Directive 90/387/EEC and, thereafter, of any  changes to this information.  11. That national regulatory authorities prepare annual summary reports in particular with regard to the availability of PSDSs provided in accordance with point 1 of this recommendation. These summary reports should be sent to the Commission no later  than five months after the end of each calender year, this requirement being reviewed by the Commission in consultation with the ONP Committee in accordance with Article 9 of Directive 90/387/EEC during 1995. The Commission will transmit these summary  reports to the ONP Committee.  12. That national regulatory authorities keep available and submit to the Commission on request data on the application of the supply conditions under points 3 and 4 and the statistical information under point 7.  13. That national regulatory authorities establish simple procedures for users of PSDSs which may be invoked in the event of any difficulties encountered in relation to the application of this recommendation.  14. That the Commission, in consultation with the ONP Committee, examine the results of the application of this recommendation, with a view to the fulfilment of the objectives of Directive 90/387/EEC, on the basis of the summary reports provided under  point 11.  Done at Luxembourg, 5 June 1992.  For the Council The President Joaquim FERREIRA DO AMARAL (1) OJ No L 192, 24. 7. 1990, p. 1.(2) OJ No L 192, 24. 7. 1990, p. 10.(3) OJ No C 327, 29. 12. 1990, p. 19. List of standards reference - Packet-switched public data networks.(4) One-stop shopping service Specific Schedule for PSPDN, CAC  October 1990.(5) Green number type arrangements.(6) Kiosk type arrangements.   ANNEX I  DEFINITION OF A COMMUNITY-WIDE MINIMUM SET OF PACKET-SWITCHED DATA SERVICES WITH HARMONIZED TECHNICAL CHARACTERISTICS IN ACCORDANCE WITH POINT 1 AND RECOMMENDED TIMETABLE FOR THEIR AVAILABILITY  A. GENERAL CONSIDERATIONS The recommendation aims at the harmonized provision by the organizations notified in accordance with point 10 of a minimum set of PSDSs in accordance with open network provision principles to users in order to facilitate the development of European-wide  services.  These services should:  (i) be made available on an adequately unbundled basis in order to give users maximum flexibility;  (ii) be structured in the following way (on a service basis):  ONP core offering:  - access/feature set(s) which must be offered by all the networks,  - user selects (one) set in order to have the basic service,  - set to be tariffed as a bundle.  ONP user options:  - feature offered by all networks on an individual basis,  - feature which may be selected by user,  - may in specific cases substitute core offerings features;  (iii) take into account technological development and the growth in availability of features not considered in the proposed service.  B. STANDARDS TO BE UTILIZED The standards applicable for this minimum set of PSDSs with harmonized technical characteristics are in particular those in the indicative list of packet-switched public data networks standards suitable for ONP published in the Official Journal of the  European Communities, in accordance with the procedure in Article 5 (1) of Directive 90/387/EEC. The initial indicative list of PSDS standards suitable for ONP already published in the Official Journal of the European Communities will be amended/updated  by further publication in the Official Journal of the European Communities.   C. TECHNICAL CHARACTERIZATION OF EACH SERVICE AND RECOMMENDED TIMETABLE FOR IMPLEMENTATION C.1. Offerings to be provided at the latest by 31 December 1992  C.1.   SERVICE OFFERING X.25 CORE OFFERING access link data rates:  2 400, 4 800, 9 600 bit/s layer 3 for VC (one logical channel) USER OPTIONS additional logical channels at least to a total of 32 for 9 600 bit/s options indicated (¹) in CEPT T/TE 08-02 (²) as E or EA     C.1.   SERVICE OFFERING X.28 (³) dial-in only CORE OFFERING access link data rate 300 bit/s (V.21 modem), 1 200 bit/s (V.22 modem) X.28 standard terminal profiles USER OPTIONS NUI additional standardized profiles selection (& {È%};) reverse charging (& {È%};) X.32 Unidentified service CORE OFFERING for national use at least one of the two sets:  1. 2 400 bit/s (V.22 bis or V.32 modem) 2. 4 800, 9 600 bit/s (V.32 modem) one or more logical channels reverse charging VC operation X.32 Identified service dial-in only CORE OFFERING data rates and modems as per unidentified case identification by NUI or XID support of DTEs as per unidentified case one or more logical channels, VC operation (¹) Except: Call redirection within a network with the same DNIC International use of CUG facilities International use of reverse charging facilities Hunt group Called line address modified notification Extended interrupt CCITT specified DTE facilities (²) Interworking aspects of packet-switched public data networks.  (³) The X.28 messages are not intended for automatic DTE operation and as a consequence may be nationally dependent. The progressive implementation of X.3 (1988) and X.28 (1988) will allow to set an X.3 parameter to determine whether CCITT standardized  or national messages shall be used at the interface.  (& {È%};) For national use.    C.2. Offerings to be provided in addition to those in C.1 at the latest by 30 June 1993   C.1.   SERVICE OFFERING X.25 CORE OFFERING access link data rate 48 000 bit/s or 64 000 bit/s USER OPTIONS additional logical channels at least to a total of 128 for 48 000 or 64 000 bit/s Hunt group call redirection within a network with the same DNIC extended interrupt CCITT specified DTE facilities intra-community use of CUG facilities called line address modified notifications   C.3. Offerings to be provided in addition to those in C.1 and C.2 at the latest by 31 December 1993   C.1.   SERVICE OFFERING X.25 USER OPTIONS intra-community use of reverse charging facilities X.28 dial-in only CORE OFFERING access link data rate:  2 400 bit/s (V.22 bis modem) USER OPTIONS intra-community use of reverse charging facilities X.32 Unidentified service CORE OFFERING intra-community use of the service   ANNEX II  PUBLICATION PRESENTATION FOR THE INFORMATION TO BE PROVIDED IN RESPECT OF PACKET-SWITCHED DATA SERVICES IN ACCORDANCE WITH POINT 3  The information referred to in point 3 of the recommendation should follow the presentation given below.  A. TECHNICAL CHARACTERISTICS The technical characteristics include the physical and electrical characteristics as well as the detailed technical and performance specifications which apply at the network termination point, without prejudice to Council Directive 83/189/EEC of 28  March 1983 laying down a procedure for the provision of information in the field of technical standards and regulations (¹). Clear reference shall be made to the standards implemented.  B. SUPPLY CONDITIONS The supply conditions include at least the elements identified in point 4.  C. USAGE CONDITIONS The conditions resulting from the application of essential requirements.  D. TARIFFS In accordance with point 9, tariffs will normally include an initial connection charge, a periodic rental charge and a usage charge. Usage charge will normally include:  (a) a fixed per-call charge, based either on a minimum time and/or volume charge or on a call set-up charge;  (b) a volume related charge based on the use of an integral number of segments (²),  (c) a duration charge based on time intervals sufficiently short to avoid discrimination against short-type transactions.  Clear indication of other charges, e.g. charges related to quality of service, or bulk provision, should be available.  E. LICENSING AND/OR DECLARATION CONDITIONS FOR USE OF PSDSs, WHERE APPLICABLE This should include information on any licensing conditions which have to be met by the user or by its customers.  F. CONDITIONS FOR THE ATTACHMENT OF TERMINAL EQUIPMENT Conditions approved by the national regulatory authority, in accordance with the provisions of Directive 91/263/EEC (³).  (¹) OJ No L 109, 26. 4. 1983, p. 8.  (²) A segment is up to 64 octets (or bytes) of user data where the octet is 8 bits.  (³) OJ No L 128, 23. 5. 1991, p. 1.   ANNEX III  INDICATORS FOR THE NETWORK PERFORMANCE ASPECTS OF THE QUALITY OF SERVICE OF PSDSs  Indicators for the network performance aspects of the quality of service of PSDSs and measurement methods should be based on the ongoing work in CEPT, and notably on  recommendations T/CAC 2 (¹), T/CAC 3 (²), T/CAC 4 (³).  For each of the above performance criteria, indicators should be chosen which are representative of the service:  AvailabilityUnsuccessful network congestion (NC) calls ratio (UNCR),  Service availability,  Dependability Mean time between NC disconnections (MTNC),  Speed of service Transmitted throughput (TTP),  Received throughput (RTP),  Round trip delay (RTD),  Call set-up delay (CSD).  (¹) Indicators for the network performance aspects of the quality of service of international packet-switched services.  (²) Monitoring of network performance aspects of quality of international packet-switched service using internally derived indicators.  (³) Monitoring of network performance aspects of quality of international packet-switched service using externally derived indicators.


title: Council Recommendation of 10 July 2012 on the implementation of the broad guidelines for the economic policies of the Member States whose currency is the euro

text:
               24.7.2012

               EN

               Official Journal of the European Union

               C 219/95

         COUNCIL RECOMMENDATION
   of 10 July 2012
   on the implementation of the broad guidelines for the economic policies of the Member States whose currency is the euro
   2012/C 219/28
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 136 in conjunction with Article 121(2) thereof,
   Having regard to the recommendation of the European Commission,
   Having regard to the conclusions of the European Council,
   After consulting the Economic and Financial Committee,
   Whereas:

               (1)

               Since its creation, the Eurogroup has played a pivotal role and has a special responsibility in the economic governance of the euro area. The economic crisis clearly exposed the close interrelations in the euro area, underscoring the need for a coherent aggregate policy stance which reflects the strong spillovers between countries whose currency is the euro, for effective arrangements for policy coordination to swiftly respond to changes in the economic environment.

               (2)

               The Council has issued country-specific recommendations to each of the Member States whose currency is the euro (‘euro area Member States’). These recommendations address economic challenges at the national level and, at the same time, are a central element in determining stability and growth in the euro area as a whole. The euro area Member States have also committed themselves to a set of far-reaching additional policy reforms under the Euro Plus Pact, aiming to foster competitiveness, promote employment, contribute to the sustainability of public finances and reinforce financial stability. On 2 March 2012, the euro area Member States and eight other Member States (‘non-euro area Member States’) signed a Treaty on Stability, Coordination and Governance in the Economic and Monetary Union in which they agreed to ensure that all major economic policy reforms that they plan to undertake will be discussed ex ante and, where appropriate, coordinated among themselves. Ex-ante coordination in the euro area context, both via the submission of draft budget plans and the discussion of major economic policy reform plans, will contribute to taking into account the spillover effects from national actions on the euro area as a whole.

               (3)

               The existence of well-designed budgetary frameworks strengthening domestic fiscal governance is a key element in the sound management of public finances, and contributes to the sustainability of public finances in the euro area as a whole. euro area Heads of State or Government committed themselves in July and October 2011 to introducing national fiscal frameworks as foreseen in Council Directive 2011/85/EU of 8 November 2011 on requirements for budgetary frameworks of the Member States (1) already by the end of 2012 ahead of the timetable foreseen in the Directive, and to go beyond the requirements contained therein. Moreover, on 2 March 2012, the euro area Member States, together with eight non-euro area Member States, by signing the Treaty on Stability, Coordination and Governance in the Economic and Monetary Union, committed themselves to a further strengthening of their national fiscal governance, in particular by introducing binding rules for the budgetary position of the government to reach the medium-term budgetary objective (MTO).

               (4)

               The pursuit of fiscal consolidation is a central element in the strategy to overcome the crisis in the euro area. The EU fiscal framework allows for differentiation in the pace of consolidation between Member States according to their fiscal space and macroeconomic conditions. The focus of the Stability and Growth Pact and the Treaty on Stability, Coordination and Governance in the Economic and Monetary Union is on structural balances and hence it allows taking into account the effects of the cycle and of one-off measures on headline budget balances. The assessment of effective action in response to Council recommendations on the correction of the excessive deficit positions is carried out in structural terms. An appropriate composition of consolidation is crucial to enhance confidence in the permanent nature of consolidation in the euro area and to limit its negative short-term impact on growth. Growth-friendly expenditure, in particular investment expenditure, needs to be prioritised; in several euro area Member States productive investment projects could be identified where both the private and the social returns would exceed the currently low interest rates. Reforms of long-term entitlements, in particular health and pensions, are urgently needed, to underpin the long-term sustainability of public finances. Appropriate tax policy, such as shifting the tax burden away from labour, broadening the tax bases and more effective action to combat tax evasion could contribute to consolidation while increasing competitiveness and creating better conditions for growth.

               (5)

               Stability and the good functioning of the financial system are pre-conditions for averting a ‘lost-decade scenario’ of slow growth in the euro area and for enhancing investors’ confidence. As further deleveraging of bank balance sheets is necessary, it is important to ensure that it proceed in an orderly manner and is consistent with maintaining an adequate flow of credit to the real economy. In order to counter the emerging trend of financial fragmentation, further progress is necessary with integration in supervisory structures and practices as well as in cross-border crisis management.

               (6)

               An orderly unwinding of intra-euro area macroeconomic imbalances is crucial for sustainable growth and stability in the euro area. A process of reduction in the imbalances has started, but needs to be pursued steadfastly. The urgency of actions to correct the imbalances is greater in deficit countries, where reforms are necessary to improve competitiveness and facilitate resources reallocation towards tradable sectors. At the same time, surplus countries can contribute to rebalancing by removing unnecessary regulatory and other constraints on domestic demand, non-tradable activities and investment opportunities.

               (7)

               Recognising the interdependence between the economies of the euro area Member States and the benefits that stability in this monetary union can bring to its members and the wider Union is a prerequisite for the further development of economic union. Looking ahead the euro area Member States will need to deepen their integration to attain full economic and monetary union.

               (8)

               The European Parliament has been duly involved in the European Semester, in accordance with Council Regulation (EC) No 1466/97 (2), and, on 15 February 2012, adopted a resolution on employment and social aspects in the Annual Growth Survey 2012 and a resolution on the contribution to the Annual Growth Survey 2012,

         HEREBY RECOMMENDS that euro area Member States take action, individually and collectively, without prejudice to the competences of the Council as regards the coordination of economic policies of the Member States, but in particular in the context of economic policy coordination in the framework of the Eurogroup, within the period 2012-2013 to:

               1.

               Strengthen the working methods of the Eurogroup to allow it to take responsibility for the aggregate policy stance in the euro area, effectively responding to changes in the economic environment, and to lead the coordination of economic policy in the context of the strengthened surveillance framework which applies to the euro area Member States.

               2.

               Intensify policy cooperation in the Eurogroup by sharing information and discussing budgetary plans and the plans of major reforms with potential spillover effects on the euro area. Ensure that such reforms are undertaken that are necessary for a stable and robust euro area, including the implementation of the recommendations which the Council has addressed to individual euro area Member States and which, in addition to addressing challenges at national level, have an impact on the euro area as a whole.

               3.

               Strengthen fiscal discipline and fiscal institutions at both national and sub-national levels to enhance market confidence in the medium and long-term sustainability of public finances in the euro area. Following the agreement by the euro area Heads of State or Government in July and October 2011 and on 2 March 2012, advance the transposition of Directive 2011/85/EU to the end of 2012 and strengthen fiscal governance further, in particular by introducing in the national legislation of all euro area Member States the rules for balanced budget in structural terms and the automatic correction mechanisms.

               4.

               Based on the European Council Conclusions of 1-2 March 2012, ensure a coherent aggregate fiscal stance in the euro area by pursuing fiscal consolidation as set out in Council recommendations and decisions, in line with the rules of the Stability and Growth Pact, which take into account the country-specific macro-financial situations. Member States affected by significant and potentially rising risk premia should limit deviations from the nominal balance targets even against worse-than-expected macroeconomic conditions; other Member States should let the automatic stabilisers play along the adjustment path assessed in structural terms and stand ready to review the pace of consolidation should macroeconomic conditions deteriorate further. Composition of government expenditure and revenues should reflect the growth impact of spending items and revenue sources. In particular, all the available budgetary margins should be used to foster public investment in the euro area, including by taking into account cross-country differences in the cost of funding.

               5.

               Take action to improve the functioning and stability of the financial system in the euro area. Accelerate the steps towards a more integrated financial architecture, comprising banking supervision and cross-border crisis resolution.

               6.

               Implement structural reforms, which also promote flexible wage adjustments, and which — together with a differentiated fiscal stance — would promote an orderly unwinding of intra-euro area macroeconomic imbalances and thus growth and jobs. This would include action at national level which reflects the country-specific situation and takes account of the Council recommendations to individual euro area Member States.

      Done at Brussels, 10 July 2012.

            For the Council

            The President

         V. SHIARLY

      (1)  OJ L 306, 23.11.2011, p. 41.

      (2)  OJ L 209, 2.8.1997, p. 1.


Avis juridique important

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32002H0236

Commission Recommendation of 11 March 2002 on a common European format for curricula vitae (CVs) (Text with EEA relevance) (notified under document number C(2002) 516)

Official Journal L 079 , 22/03/2002 P. 0066 - 0072

Commission Recommendationof 11 March 2002on a common European format for curricula vitae (CVs)(notified under document number C(2002) 516)(Text with EEA relevance)(2002/236/EC)THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community, and in particular Articles 149, 150 and 211 thereof,(1) Whereas the Council Resolution of 3 December 1992 on transparency of qualifications(1) invites the Member States to take steps to increase the visibility of qualifications and competences through the introduction of a common format for the presentation of individual skills (portfolio), a part of which should be a common format for CVs.(2) Whereas the Presidency conclusions of the European Council held in Lisbon on 23 and 24 March 2000 requested that a common European format be developed for curricula vitae (CVs), to be used on a voluntary basis, in order to facilitate mobility by helping the assessment of knowledge acquired, both by education and training establishments and by employers(2).(3) Whereas the Recommendation of the European Parliament and Council of 10 July 2001 on mobility within the Community for students, persons undergoing training, young volunteers, teachers and trainers(3) underlines the need for a common European format for CVs, to help individual citizens communicate their qualifications and competences in an efficient and transparent way.(4) Whereas the Communication from the Commission on Making a European Area of Lifelong Learning a Reality(4) underlines the role to be played by a common European format for CVs in promoting the transparency of qualifications and competences.(5) Whereas the Communication from the Commission to the Council entitled "New European labour markets, open to all, with access for all"(5) requests the development of an electronic CV system, to be maintained by the European Employment Services ("EURES"), and a common European format for CVs.(6) Whereas the National Resource Centres for Vocational Guidance (NRCVG) should, as a part of their designated work on promoting vocational guidance and counselling at national and European level, assist in the dissemination of the CV format.(7) Whereas the EURES network, as part of its services to jobseekers, maintains an electronic CV (EURES CV-search) reflecting the same structure as the common European format for CVs,HEREBY RECOMMENDS:1. The common European format for curricula vitae (CVs) as set out in the Annex should be available for use by citizens on a voluntary basis when communicating details of their qualifications and competences to employers and to providers of education and training in their country of residence and/or abroad.2. Member States should promote and disseminate the common European format for curricula vitae so that it is widely known and available to citizens.Public employment services, the social partners and non-governmental organisations are invited to make the common format available to their members, be they individuals, enterprises or other organisations, and to promote its acceptance as a useful tool.3. The Commission will, by the end of 2004, carry out an evaluation of the common format for curricula vitae and of how the scheme has been implemented.The Commission will, if the evaluation shows it to be necessary, recommend changes to the format.Done at Brussels, 11 March 2002.For the CommissionViviane RedingMember of the Commission(1) OJ C 49, 19.2.1993, p. 1.(2) OJ C 73, 23.3.2002.(3) OJ L 215, 9.8.2001, p. 30.(4) COM(2001) 678 final.(5) COM(2001) 116 final.ANNEXCommon European format for curricula vitae (CVs)EXPLANATORY NOTE1. The common European format for CVs is a resource for the systematic, chronological and flexible presentation of individuals' qualifications and competences.2. It is available in an easily accessible electronic form, as well as in a paper version. The CV format includes categories for the presentation of:(a) information on personal matters, language proficiency, work experience and educational and training attainments;(b) additional competences held by the individual, emphasising technical, organisational, artistic and social skills;(c) additional information which might be added to the CV in the form of one or more annex(es), and guidance on how to do so simply and clearly.3. The common European format for CVs is backed by an electronic library of sample CVs, illustrating how individuals in different countries, with differing work and educational backgrounds, have used the model CV for different purposes.4. There are electronic links to instruments and resources at Community and national level on how to present qualifications and competences (e.g. Diploma supplements, Certificate supplements, Europass, the European Credit Transfer System, the European Computer Driving Licence etc.). The CV format is therefore one element in a broader strategy with a view to improving the transparency of qualifications and competences.5. The "jobseeker's database" ("CV-job search") developed and managed by the European Employment Services (EURES) reflects the above principles and requirements.>PIC FILE= "L_2002079EN.006901.TIF">>PIC FILE= "L_2002079EN.007001.TIF">>PIC FILE= "L_2002079EN.007101.TIF">>PIC FILE= "L_2002079EN.007201.TIF">


   EN
EN    EN
 ---pagebreak---                      EUROPEAN COMMISSION
                                                      Brussels, 11.2.2011
                                                      SEC(2011) 170 final
          RECOMMENDATION FROM THE COMMISSION TO THE COUNCIL
    to authorise the Commission to open negotiations on behalf of the European Union for
   the renewal of the protocol to the Fisheries Partnership Agreement with the Kingdom of
                                            Morocco
EN                                                                                EN
 ---pagebreak---             RECOMMENDATION FROM THE COMMISSION TO THE COUNCIL
     to authorise the Commission to open negotiations on behalf of the European Union for
   the renewal of the protocol to the Fisheries Partnership Agreement with the Kingdom of
                                                Morocco
   1.        EXPLANATORY MEMORANDUM
   The European Union and the Kingdom of Morocco have concluded a Fisheries Partnership
   Agreement and its related protocol, which was adopted on 22 May 20061 and entered into
   force on 28 February 2007. The protocol, which grants fishing opportunities for EU vessels and
   fixes the financial counterpart, will expire on 27 February 2011.
   The application of the current Agreement extends to waters south of 27° 40' N. In line with
   the specificity of the latter zone under international law and the legal conditions under which
   the EU has engaged with Morocco in a bilateral agreement including this zone, the
   Commission asked Morocco on several occasions throughout 2010 to provide an assessment
   of the benefits of the present Agreement to the local population. Morocco replied to this
   request on 13 December. While continuing to assess the situation on this basis, it is proposed
   to renew the current Protocol for one year, so as to allow for time to conclude negotiations on
   a revised protocol with appropriate guarantees, and for fishing activities to continue in the
   meantime. The Council is asked to adopt the negotiation guidelines attached to this
   recommendation.
   2.        RECOMMENDATION
   In light of the above, the Commission recommends that:
   – The Council authorises the Commission to open and conduct negotiations for the renewal
       of the protocol in the framework of the Fisheries Partnership Agreement with the Kingdom
       of Morocco;
   – The renewal is to be limited to one year;
   – The Commission is nominated as the Union negotiator for this subject;
   – The Commission shall conduct such negotiations in consultation with the special
       committee pursuant to the provisions laid down in the Treaty on the functioning of the
       European Union;
   – The Council approves the negotiation guidelines attached to this recommendation.
   1
            OJ L 141 of 29 May 2006, p. 1
EN                                                  2                                              EN
 ---pagebreak---    ANNEX
   Negotiation guidelines
   – The objective of the negotiations is the renewal of the protocol in the framework of the
     Fisheries Partnership Agreement between the European Union and the Kingdom of
     Morocco, in line with the 15 July 2004 Council conclusions on fisheries partnership
     agreements based on the Commission's communication of 23 December 2002.
   – With a view to ensuring the promotion of sustainable and responsible fisheries, the
     Commission's negotiation objectives will be as follows:
           – Renewing the current Protocol for one year, necessary for the adoption of a new
              legal framework of EU-Morocco fisheries relations, subject to the following
              conditions:
           – An adjustment of fishing opportunities in line with the best available scientific
              advice;
           – Regular reporting on the implementation of sectoral policy, based on commonly
              agreed indicators, including the regional impact of the protocol.
EN                                                3                                            EN


Avis juridique important

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31976H0678

76/678/EEC: Commission Recommendation of 20 July 1976 addressed to the Government of the Kingdom of Denmark on certain provisions of a draft law on road passenger transport operations

Official Journal L 231 , 21/08/1976 P. 0011 - 0012

COMMISSION RECOMMENDATION of 20 July 1976 addressed to the Government of the Kingdom of Denmark on certain provisions of a draft law on road passenger transport operations (76/678/EEC) In its recommendation of 16 March 1976 (1) addressed to the Government of the Kingdom of Denmark, the Commission noted among other things that the draft law submitted to it for prior consultation, pursuant to the Council Decision of 21 March 1962 (2), as amended by the Council Decision of 22 November 1973 (3), also included measures intended to implement the Council Directive of 12 November 1974 on admission to the occupation of road passenger transport operator in national and international transport operations (4). The Commission stated that the Articles particularly concerned were Articles 12, 13, 14, 15 and 16 and that on these provisions, which were to be submitted to the Commission for purposes of consultation pursuant to Article 6 of the abovementioned Directive, it proposed to deliver its opinion at a later date.  In the meantime, the Permanent Representative of the Kingdom of Denmark to the European Communities has requested that the submission to the Commission of the abovementioned Articles of the draft law should be taken as constituting prior consultation with the Commission within the meaning of Article 6 of the Directive of 12 November 1974.  As regards the content of the abovementioned Articles of the Danish draft law, the Commission recommends as follows:    1. Just as in paragraph 1 of its recommendation of 16 March 1976 the Commission expressed the opinion that the other provisions of the draft law submitted to it for prior consultation pursuant to the aforesaid Council Decision concern the carriage of passengers by road in national transport operations, the Commission considers that Articles 12, 13, 14, 15 and 16 of the said draft law cover the carriage of passengers by road in national transport and aim particularly to lay down certain conditions for access to the occupation of transport operator.  In this connection, the Commission reminds the Danish Government that the provisions to be made by Member States to implement the Directive of 12 November 1974 should also cover the conditions of access to the occupation of road passenger transport operator in international transport operations.       2. The Commission observes that, under Article 12 (1) of the Danish draft law, the Ministry of Public Works will lay down the conditions regarding qualifications which an applicant must fulfil in order to obtain a licence. In this connection the Commission would remind the Danish Government that pursuant to Article 2 (1) of the said Council Directive these conditions must relate to the good repute, financial standing and professional competence of the applicant and that, pursuant to the provisions of Article 6 (1) of that Directive, the relevant measures must be adopted after consulting the Commission and before 1 January 1977.  The Commission would draw the attention of the Danish Government to the fact that, in view of the foregoing, provision should be made for refusal of a licence - to which Article 12 (2) of the draft law refers - not merely where the condition as to good repute is not fulfilled but also where any one of the three conditions listed above is not fulfilled.  The Commission also observes that the same provision of the draft law providing for the refusal of a licence to an applicant not fulfilling the condition as to good repute does not mention the obligation of the competent authority to state the reasons for its decision, as required by Article 5 (1) of the Directive of 22 November 1974.  The Commission therefore recommends that the Danish Government add to its draft law what is necessary to make good this deficiency.       3. The Commission notes that Article 13 of the draft law makes provision for the withdrawal of a licence only where an operator no longer fulfils the condition as to good repute. Referring to the first subparagraph of paragraph 2 above, the Commission reminds the Danish Government that it is also necessary to make provision for the withdrawal of licences where operators no longer fulfil the conditions as to financial standing and/or professional competence.       4. The Commission notes that Article 14 of the draft sets out the remedies available to an operator if he has been served with a decision withdrawing his licence in a specific case.   (1) OJ No L 84, 31.3.1976, p. 57.  (2) OJ No 23, 3.4.1962, p. 720/62.  (3) OJ No L 347, 17.12.1973, p. 48.  (4) OJ No L 308, 19.11.1974, p. 23.  The Commission reminds the Danish Government that, under Article 5 (3) of the Directive of 12 November 1974, Member States must provide the parties concerned with the opportunity to defend their interests in all cases where a licence is withdrawn or an application for access to the occupation of road passenger transport operator is rejected. The Commission therefore recommends that the Danish Government supplement accordingly Article 14 of its draft law.       5. The Commission notes that Article 15 of the draft law regulates only the conditions under which an undertaking may continue to operate provisionally after the death of the operator. In this connection the Commission points out that under Article 3 (1) of the Directive of 12 November 1974, the Member States must also determine the circumstances in which an undertaking may be operated on a temporary basis in the event of the physical or legal incapacity of the natural person engaged in the occupation of transport operator, or of the natural person who satisfies the provisions of Article 2 (1) (a) (c) of the said Directive.  The Commission therefore recommends that the Danish Government supplement accordingly Article 15 of its draft law.       6. The Commission observes that the draft law does not include any provisions for checking compliance with the Articles concerned and accordingly recommends that the Danish Government, after consulting the Commission, make good this deficiency.       Done at Brussels, 20 July 1976.  For the Commission  Carlo SCARASCIA MUGNOZZA  Vice-President


title: Commission Recommendation of 17 March 2010 on the monitoring of perfluoroalkylated substances in food (Text with EEA relevance)

text:
               18.3.2010

               EN

               Official Journal of the European Union

               L 68/22

         COMMISSION RECOMMENDATION
   of 17 March 2010
   on the monitoring of perfluoroalkylated substances in food
   (Text with EEA relevance)
   (2010/161/EU)
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 292 thereof,
   Whereas:

               (1)

               Perfluoroalkylated substances (PFAS) are widely used in industrial and consumer applications including stain-resistant coatings for fabrics and carpets, oil-resistant coatings for paper products approved for food contact, fire fighting foams, mining and oil well surfactants, floor polishes and insecticide formulations. An important subset are the (per)fluorinated organic surfactants, to which perfluorooctane sulfonate (PFOS) and perfluorooctanoic acid (PFOA) belong.

               (2)

               Due to this large use PFOS, PFOA, their salts and precursors have been found in the environment, fish, birds and mammals. The European Food Safety Authority (the EFSA) therefore asked it’s Scientific Panel on Contaminants in the Food chain to prepare an opinion on the importance of food and the relative contribution of the different foodstuffs and food contact materials to human exposure to PFOS and its salts and to advise on further steps in relation to the risk assessment of perfluorinated organic compounds.

               (3)

               The Scientific Panel on Contaminants in the Food chain adopted a scientific opinion PFOS, PFOA and their salts on 21 February 2008 (1).

               (4)

               In this scientific opinion the EFSA considered it unlikely that adverse effects of PFOS and PFOA are occurring in the general population, but noted uncertainties with regards to developmental effects in living organisms. The EFSA recommended that further data on PFAS levels in food and in humans would be desirable, particularly with respect to monitoring trends in exposure.

               (5)

               The Stockholm Convention on persistent organic pollutants (POPs) requires contracting parties to undertake monitoring of POPs, their alternatives and candidate POPs and has included PFOS, its salts and perfluorooctane sulfonyl fluoride (PFOSF) in Annex B to the Convention among the substances subject to restrictions on production and use,

         HAS ADOPTED THIS RECOMMENDATION:

               1.

               Member States should monitor during 2010 and 2011 the presence of perfluoroalkylated substances in food. The monitoring should include a wide variety of foodstuffs reflecting consumption habits including food of animal origin such as fish, meat, eggs, milk and derived products and food of plant origin in order to enable an accurate estimation of exposure.

               2.

               Member States should follow the sampling procedures as laid down in Annex I to Commission Regulation (EC) No 1883/2006 of 19 December 2006 laying down methods of sampling and analysis for the official control of levels of dioxins and dioxin-like PCBs in certain foodstuffs (2) in order to ensure that the samples are representative for the sampled lot.

               3.

               It is recommended that the Member States carry out the analysis of perfluoroalkylated substances in order to detect the presence of the compounds PFOS and PFOA and, if possible, their precursors such as perfluorooctane sulphonamide (PFOSA), N-ethyl perfluorooctane sulfonamidoethanol (NEtFOSE) and 8:2 fluorotelomer alcohol. The Member States should, if possible, include compounds similar to PFOS and PFOA but with different chain length (C4 – C15) and polyfluoroalkyl phosphate surfactants (PAPS) such as 8:2 diPAPS and 8:2 monoPAPS in order to estimate the relevance of their presence in food.

               4.

               Member States should carry out the analysis of perfluoroalkylated substances in accordance with Annex III to Regulation (EC) No 882/2004 of the European Parliament and of the Council of 29 April 2004 on official controls performed to ensure the verification of compliance with feed and food law, animal health and animal welfare rules (3) by making use of a method of analysis that has been proven to generate reliable results. Ideally, the recovery rates should be in the 70-120 % range, with limits of quantitation of 1 μg/kg.

               5.

               It is recommended that the Member States provide on a regular basis to the EFSA the monitoring data expressed on whole weight basis with the information and in the electronic reporting format as set out by the EFSA for compilation into one database. They should also provide the data available from previous years obtained by making use of a method of analysis that has been proven to generate reliable results in order to monitor trends in exposure.

      Done at Brussels, 17 March 2010.

            For the Commission

         John DALLI

            Member of the Commission

      (1)  Opinion of the Scientific Panel on Contaminants in the Food chain on Perfluorooctane sulfonate (PFOS), perfluorooctanoic acid (PFOA) and their salts, The EFSA Journal (2008) 653, pp. 1-131.

      (2)  OJ L 364, 20.12.2006, p. 32.

      (3)  OJ L 165, 30.4.2004, p. 1.


Avis juridique important

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31998Y0806(03)

Recommendation of the European Central Bank for a Council Regulation (EC) concerning the powers of the European Central Bank to impose sanctions

Official Journal C 246 , 06/08/1998 P. 0009 - 0012

Recommendation of the European Central Bank for a Council Regulation (EC) concerning the powers of the European Central Bank to impose sanctions (98/C 246/07)(Submitted by the European Central Bank on 7 July 1998)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community (the Treaty) and in particular Article 108a(3) thereof and to Article 34.3 of the Statute of the European System of Central Banks and of the European Central Bank (the Statute),Having regard to the recommendation of the European Central Bank (the ECB),Having regard to the opinion of the European Parliament,Having regard to the opinion of the Commission,In accordance with the procedure foreseen in Article 106(6) of the Treaty and in Article 42 of the Statute,(1) Whereas this Regulation, according to Article 34.3 of the Statute, in conjunction with Article 43.1 of the Statute, paragraph 8 of the Protocol (11) on certain provisions relating to the United Kingdom of Great Britain and Northern Ireland and paragraph 2 of the Protocol (12) on certain provisions relating to Denmark, shall not confer any rights or impose any obligations on a non-participating Member State;(2) Whereas Article 34.3 of the Statute requires the Council to specify the limits and conditions under which the ECB shall be entitled to impose fines or periodic penalty payments on undertakings for failure to comply with obligations under its regulations and decisions;(3) Whereas infringements of the obligations arising from ECB regulations and decisions can arise in various fields of competence of the ECB;(4) Whereas it is appropriate, in order to ensure a uniform approach towards the imposition of sanctions in the various fields of competence of the ECB, that all general and procedural provisions for the imposition of such sanctions are contained in a single Council regulation; whereas other Council regulations provide for specific sanctions in specific fields and refer to the present Regulation for the principles and procedures relating to the imposition of such sanctions;(5) Whereas, in order to provide an effective regime for the administration of sanctions, this Regulation must allow the ECB a certain discretion, both in relation to the relevant procedures and to their implementation within the limits and conditions laid down in this Regulation; whereas the provisions of this Regulation can only be effectively applied if participating Member States have adopted the necessary measures with a view to ensuring that their authorities have the powers to assist and collaborate fully with the ECB in the implementation of the infringement procedure as required by this Regulation, in conformity with Article 5 of the Treaty;(6) Whereas the ECB shall have recourse to the national central banks to carry out the tasks of the European System of Central Banks (the ESCB) to the extent deemed possible and appropriate;(7) Whereas decisions under this Regulation imposing pecuniary obligations shall be enforceable in accordance with Article 192 of the Treaty,HAS ADOPTED THIS REGULATION:Article 1 DefinitionsFor the purposes of this Regulation:1. participating Member State: shall mean a Member State which has adopted the single currency in accordance with the Treaty;2. national central bank: shall mean the central bank of a participating Member State;3. undertakings: shall mean those natural or legal persons, private or public, with the exception of public persons in the exercise of their public powers, in a participating Member State, which are the subject of obligations arising from ECB regulations and decisions, and shall include branches or other permanent establishments located in a participating Member State, the head office or registered office of which is outside a participating Member State;4. infringement: shall mean any failure by an undertaking to fulfil an obligation arising from ECB regulations or decisions;5. fine: shall mean a single amount of money which an undertaking is obliged to pay as a sanction;6. periodic penalty payments: shall mean amounts of money which, in the case of a continued infringement, an undertaking is obliged to pay periodically as a sanction, which shall be calculated for each day of continued infringement following the notification of the undertaking of a decision, in accordance with Article 3(1), second paragraph, of this Regulation, requiring the termination of such an infringement;7. sanctions: shall mean fines and periodic penalty payments imposed as a consequence of an infringement.Article 2 Sanctions1. The limits within which the ECB may impose fines and periodic penalty payments on undertakings, unless otherwise provided for in specific Council regulations, shall be the following:(a) fines: the upper limit shall be EUR 500 000, and(b) periodic penalty payments: the upper limit shall be EUR 10 000 per day of infringement. Periodic penalty payments may be imposed in respect of a maximum period of six months following the notification of the undertaking of the decision in accordance with Article 3(1) of this Regulation.2. In determining whether to impose a sanction and in determining the appropriate sanction, the ECB shall be guided by the principle of proportionality.3. The ECB shall take into consideration, where relevant, the circumstances of the specific case, such as:(a) on the one hand, the good faith and the degree of openness of the undertaking in the interpretation and fulfilment of the obligation arising from an ECB regulation or decision as well as the degree of diligence and cooperation shown by the undertaking or, on the other, any evidence of wilful deceit on the part of officials of the undertaking;(b) the seriousness of the effects of the infringement;(c) the repetition, frequency or duration of the infringement by that undertaking;(d) the profits obtained by the undertaking by reason of the infringement;(e) the economic size of the undertaking, and(f) prior sanctions imposed by other authorities on the same undertaking and based on the same facts.4. Whenever the infringement consists of a failure to perform a duty, the application of a sanction shall not exempt the undertaking from its performance, unless the decision adopted in accordance with Article 3(4) of this Regulation explicity states the contrary.Article 3 Procedural rules1. The decision on whether or not to initiate an infringement procedure shall be taken by the Executive Board of the ECB, acting on its own initiative or on the basis of a motion to that effect addressed to it by the national central bank of the Member State in whose jurisdiction the alleged infringement has occurred. The same decision may also be taken, on its own initiative or on the basis of a motion to that effect addressed to it by the ECB, by the national central bank of the Member State in whose jurisdiction the alleged infringement has occurred.Written notification of the decision to initiate an infringement procedure shall be given to the undertaking concerned, to the relevant supervisory authority and to the national central bank of the Member State in whose jurisdiction the alleged infringement has occured or to the ECB. The notification shall disclose the details of the allegations against the undertaking and the evidence on which such allegations are founded. Where appropriate, the decision shall require the termination of the alleged infringement and shall give notice to the undertaking concerned that periodic penalty payments may be imposed.2. The decision may require the undertaking to submit to an infringement procedure. In carrying out the infringement procedure, the ECB or the national central bank, as the case may be, shall have the right to:(a) require the submission of documents;(b) examine the books and records of the undertaking;(c) take copies or extracts from such books and records, and(d) obtain written or oral explanations.When an undertaking obstructs the conduct of the infringement procedure, the participating Member State where the relevant premises are located shall afford the necessary assistance, including ensuring access by the ECB or the national central bank to the premises of the undertaking, so that the aforementioned rights can be exercised.3. The undertaking concerned shall have the right to be heard by the ECB or the national central bank, as the case may be. The undertaking shall be given no fewer than 30 days to present its defence.4. The Executive Board of the ECB shall, as soon as possible after receiving a submission from the national central bank which initiates the infringement procedure or after having consulted the national central bank of the Member State in whose jurisdiction the alleged infringement has occured, adopt a reasoned decision as to whether an undertaking has committed an infringement together with the sanction, if any, to be imposed. The undertaking concerned shall be notified in writing of the decision and shall be informed of its right of review, to which the following paragraph refers. Notification of the decision shall also be given to the relevant supervisory authorities and to the national central bank of the Member State in whose jurisdiction the infringement has occurred.5. The undertaking concerned shall have the right to request a review of the decision of the Executive Board by the Governing Council of the ECB. Such a request shall be made within 30 days of the receipt of the notification of the decision and shall include all supporting information and allegations. Such a request shall be addressed in writing to the Governing Council of the ECB.6. A decision by the Governing Council of the ECB in response to a request submitted under paragraph 5 shall include the reasons for the decision and written notification thereof shall be given to the undertaking concerned, to the relevant supervisory authority of that undertaking and to the national central bank of the Member State in whose jurisdiction the infringement occurred. The notification shall inform the undertaking of its right to judicial review. If no decision has been taken by the Governing Council of the ECB within two months of the request, the undertaking concerned may request a judicial review of the decision of the Executive Board in accordance with the Treaty.7. No sanction shall be enforced against the undertaking until the decision has become final through either:(a) the period of 30 days referred to in paragraph 5 having elapsed without the undertaking making a request for review to the Governing Council of the ECB; or(b) the Governing Council notifying the undertaking of its decision, or the period referred to in paragraph 6 having elapsed without the Governing Council having taken a decision.8. The proceeds from sanctions imposed by the ECB shall belong to the ECB.9. If an infringement relates exclusively to a task entrusted to the ESCB under the Treaty and the Statute, an infringement procedure may only be initiated on the basis of this Regulation, irrespective of the existence of any national law or regulation which may provide for a separate procedure. If an infringement also relates to one or more areas outside the competence of the ESCB, the right to initiate an infringement procedure on the basis of this Regulation shall be independent of any right of a competent national authority to initiate separate procedures in relation to such areas outside the competence of the ESCB. This provision shall be without prejudice to the application of criminal law and to prudential supervisory competencies in participating Member States.10. An undertaking shall bear the costs of the infringement procedure if it has been decided that it has committed an infringement.Article 4 Time limits1. The right to take the decision to initiate an infringement procedure, as provided for in this Regulation, shall expire one year after the existence of the alleged infringement first became known either to the ECB or to the national central bank of the Member State in whose jurisdiction the alleged infringement occured and, in any case, five years after the infringement occurred or, in the case of a continued infringement, five years after the infringement was terminated.2. The right to take the decision to impose a sanction in respect of an infringement, as provided for in this Regulation, shall expire one year after the decision to initiate the procedure as described in Article 3(1) was taken.3. The right to start an enforcement procedure shall expire six months after the decision has become enforceable pursuant to Article 3(7).Article 5 Judicial reviewThe Court of Justice of the European Communities shall have unlimited jurisdiction within the meaning of Article 172 of the Treaty over the review of final decisions whereby a sanction is imposed.Article 6 General provisions1. In the event of a conflict between the provisions of this Regulation and the provisions of other Council regulations enabling the ECB to impose sanctions, the provisions of the latter shall prevail.2. Subject to the limits and conditions laid down in this Regulation, the ECB may adopt regulations to specify further the arrangements whereby sanctions may be imposed in accordance herewith as well as guidelines to coordinate and harmonise the procedures in relation to the conduct of the infringement procedure.Article 7 Final provisionsThis Regulation shall enter into force on 1 January 1999.This Regulation shall be binding in its entirety and shall be directly applicable in all Member States.


				|

		52011SC0812

			Recommendation for a COUNCIL RECOMMENDATION on the National Reform Programme 2011 of Maltaand delivering a Council opinionon the updated Stability Programme of Malta 2011-2014 /* SEC/2011/0812 final */

			   	Recommendation for a
COUNCIL RECOMMENDATION
on the National Reform Programme 2011 of
Malta
and delivering a Council opinion
on the updated Stability Programme of Malta 2011-2014
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning
of the European Union, and in particular Articles 121(2) and 148(4) thereof,
Having regard to Council Regulation (EC) No
1466/97 of 7 July 1997 on the strengthening of the surveillance of budgetary
positions and the surveillance and coordination of economic policies[1],
and in particular Article 5(3) thereof,
Having regard to the recommendation of the
European Commission[2],
Having regard to the conclusions of the
European Council,
Having regard to the opinion of the
Employment Committee,
After consulting the Economic and Financial
Committee,
Whereas:
(1)
On 26 March 2010, the European Council agreed to
the European Commission’s proposal to launch a new strategy for jobs and
growth, Europe 2020, based on enhanced coordination of economic policies, which
will focus on the key areas where action is needed to boost Europe’s potential
for sustainable growth and competitiveness.
(2)
On 13 July 2010, the Council adopted a
recommendation on the broad guidelines for the economic policies of the Member
States and the Union (2010 to 2014) and, on 21 October 2010, adopted a decision
on guidelines for the employment policies of the Member States[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 12 January 2011, the Commission adopted the
first Annual Growth Survey, marking the start of a new cycle of economic
governance in the EU and the first European semester of ex-ante and integrated
policy coordination, which is anchored in the Europe 2020 strategy.
(4)
On 25 March 2011, the European Council endorsed
the priorities for fiscal consolidation and structural reform (in line with the
Council’s conclusions of 15 February and 7 March 2011 and further to the
Commission’s Annual Growth Survey). It underscored the need to give priority to
restoring sound budgets and fiscal sustainability, reducing unemployment
through labour market reforms and making new efforts to enhance growth. It
requested Member States to translate these priorities into concrete measures to
be included in their Stability or Convergence Programmes and National Reform
Programmes.
(5)
On 25 March 2011, the European Council also
invited the Member States participating in the Euro Plus Pact to present their
commitments on time for their inclusion in their Stability or Convergence
Programmes and their National Reform Programmes.
(6)
On 28 April 2011, Malta submitted its 2011
National Reform Programme and, on 29 April 2011, its 2011 Stability Programme update
covering the period 2011-2014. In order to take account of the interlinkages,
the two programmes have been assessed at the same time.
(7)
As the economic crisis hit, exports and
investment fell sharply and real GDP contracted by 3.4% in 2009. Employment
contracted only mildly, also supported by government assistance. With exports
and business investment picking up strongly in 2010, Malta experienced a marked
rebound in economic activity in 2010 and unemployment inched down. Given the
high government debt (61.5% of GDP in 2008), the government did not undertake a
large fiscal stimulus and the general government
deficit in 2009 (3.7% of GDP) remained below that for the euro area as a whole.
In 2010, the government’s fiscal deficit and debt ratios remained broadly
stable.
(8)
Based on the assessment of the updated Stability
Programme pursuant to Regulation Council Regulation (EC) No 1466/97, the
Council is of the opinion that the macroeconomic scenario underpinning the
budgetary projections is slightly favourable, especially in the later years of
the programme period. From 3.6% of GDP in 2010, the Stability Programme plans
to bring the general government deficit below the Treaty reference value by
2011. Thereafter, gradual progress towards the medium-term objective (MTO) of a
balanced position in structural terms is to be backed up by a commitment to
ensure a sustainable, largely expenditure-based consolidation. However, the
Stability Programme does not envisage the achievement of the MTO within the
programme horizon. The debt ratio is projected to decline from its 2010 peak of
68% of GDP to 63.7% in 2014, due to a positive and strengthening primary
balance. The average annual structural adjustment effort in the period 2012-14,
as calculated by the Commission, is broadly in line with the Stability and
Growth Pact. However, budgetary outcomes could be worse than targeted because
of possible expenditure overruns and the lack of information on the measures
underpinning the consolidation effort after 2011.
(9)
Pursuing fiscal consolidation to achieve the MTO
is a key challenge for Malta. While the budget for 2011 put in place measures
to correct the excessive deficit in 2011, additional action would be required
in case of slippages. The credibility of the medium-term consolidation
strategy, which is not yet underpinned by concrete measures, would be enhanced
by a stronger multi-annual budgetary framework. A key weakness is the non-binding nature of the multi-annual targets, which implies a
relatively short fiscal planning horizon. The Stability Programme states
that the introduction of an expenditure rule is being considered.
(10)
The long-term budgetary impact of ageing,
including pensions, is significantly higher in Malta than the EU average.
Moreover, the labour market participation of older workers is very low, due to
a still relatively low retirement age, frequent recourse to early retirement
schemes and the very low participation of older women. The 2006 pension reform
increases the retirement age, albeit very gradually, and addresses the adequacy
of future pensions, in particular through more generous
indexation arrangements and the introduction of a guaranteed national minimum
pension. The National Reform Programme reports on the
ongoing consultation on the proposals for further pension reform put forward by
the Pensions Working Group, including the establishment of an explicit link
between retirement age and life expectancy and the introduction of a mandatory
second pension pillar and a voluntary third pillar. However, the National
Reform Programme does not put forward a comprehensive active ageing strategy to
accompany the ongoing and envisaged legislative changes. The relatively high
incidence of undeclared work poses a risk to the sustainability of public
finances in the long run. The government presents some measures to address this
problem in the National Reform Programme, but there are no proposals to revise
the tax-benefit system with a view to making work pay. Fostering participation
of women in the labour market is another major challenge for Malta, given that
its female employment rate is the lowest in the EU. In the National Reform
Programme the government has put forward a substantial number of initiatives
targeting female workers. Their implementation and impact should be evaluated
in 2012.
(11)
In recent years, Malta has experienced intensive
industrial restructuring with traditional, labour-intensive manufacturing being
replaced by new high added-value activities. This has led to a mismatch between
the demand and supply of skills on the labour market, pointing to the need to
provide the skills required by the new sectors, particularly through higher
education, in a bid to diversify Malta’s economic base further.
(12)
Malta has the highest rate of early
school-leavers in the EU, standing at 36.8% in 2009 compared to an EU
average of 14.4%. The country also records a low share of people aged 30-34
with a tertiary level of education or equivalent (21.1% compared to an EU
average of 32.3% in 2009). Malta aims to reduce early school-leaving to 29% and
to increase the share of tertiary or equivalent education for 30-34 year-olds
to 33% by 2020. In 2011, it introduced measures to channel potential early
school-leavers to interesting career paths through vocational educational training
or second-chance learning opportunities.
(13)
Malta is one of the few EU Member States with a
generalised wage indexation mechanism. Wage increases are linked to a mandatory
cost-of-living adjustment (COLA) mechanism, resulting in wage increases in line
with past inflation developments though proportionately higher at the low end
of the wage spectrum. Adding to the minimum wage, this adjustment may further
hamper the competitiveness of the labour-intensive sectors. The issue is
particularly pertinent in view of the recent increases in energy prices, which
could lead to wage-price spirals.
(14)
Malta is almost entirely dependent on imported
oil for energy, making the economy vulnerable to oil price changes. This,
together with the inadequacy of Malta’s energy system, may be posing problems
to entrepreneurship and the competitiveness of SMEs. Exploiting the potential
to produce energy from renewable sources could bring the double benefit of
improving competitiveness and achieving energy and climate targets. The information
provided in the National Reform Programme on energy measures is limited,
however, making it difficult to assess their feasibility and
cost-effectiveness.
(15)
Malta has made a number of commitments under the
Euro Plus Pact[4]. The commitments relate
to two areas of the Pact: competitiveness and the sustainability of public
finances. On the fiscal side, the commitments involve strengthening the
accountability and transparency of the budgetary framework, together with
consideration given to introducing mechanisms to increase discipline in
budgetary execution. To address productivity, there are measures to improve the
business environment and financing conditions for firms, as well as enhancing
competition in services, especially in telecommunications. Although present in
the National Reform Programme, the Euro Plus Pact commitments do not address
employment and financial stability. While the authorities focus on raising
productivity, they do not acknowledge that the current wage indexation
mechanism affects Malta’s competitiveness. The Euro Plus Pact commitments have
been assessed and taken into account in the recommendations.
(16)
The Commission has assessed the Stability
Programme and National Reform Programme, and the Euro Plus Pact commitments for
Malta[5]. It has taken into
account not only their relevance for sustainable fiscal and socio-economic
policy in Malta but also their conformity 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. In this light, the
Commission considers that, while the targeted progress towards the medium-term
objective (MTO) is appropriate, there are important risks to the consolidation
strategy, because it is not backed up with concrete measures and expenditure
could overrun as has happened in the past. In addition, the non-binding nature
of the medium-term budgetary framework may not foster fiscal discipline. The
relatively high long-term cost of ageing, particularly pension expenditure,
puts the long-term sustainability of Malta’s public finances at risk. The
National Reform Programme acknowledges the main structural challenges that
Malta’s economy is facing, though additional attention to certain issues,
particularly better utilisation of the economy’s labour potential, reforming
the wage-setting mechanism to ensure better alignment of wage and productivity
developments, and energy diversification, appear warranted.
(17)
In the light of this assessment, also taking
into account the Council Recommendation of 16 February 2010 under Article
126(7) of the Treaty on the Functioning of the European Union, the Council has
examined the 2011 update of the Stability Programme of Malta and its opinion[6]
is reflected in particular in its recommendation under (1) and (2) below.
Taking into account the European Council conclusions of 25 March 2011, the
Council has examined the National Reform Programme of Malta.
HEREBY RECOMMENDS that Malta should
take action within the period 2011-2012 to:
(1)
Ensure correction of the excessive deficit in
2011, standing ready to take additional measures so as to prevent possible
slippages, and adopt concrete measures to back up the 2012 deficit target. With
a view to strengthening the credibility of the medium-term consolidation
strategy, define the required broad measures, embed the fiscal targets in a
binding, rule-based multi-annual fiscal framework and improve the monitoring of
budgetary execution.
(2)
Take action to ensure the sustainability of the
pension system by accelerating the progressive increase in the retirement age
and by linking it to life expectancy. Accompany the higher statutory retirement
age with a comprehensive active ageing strategy, discourage the use of early
retirement schemes and encourage private pension savings.
(3)
Focus education outcomes more on labour market
needs, notably by taking measures to improve access to higher education and by
strengthening the effectiveness of the vocational training system. Take measures to reduce early school-leaving by identifying,
analysing and measuring its causes by 2012 and by setting up a regular
monitoring and reporting mechanism on the success rate of the measures.
(4)
Reform the automatic wage indexation mechanism,
in consultation with the social partners in accordance with national practice,
to ensure that wage growth better reflects developments
in labour productivity and competitiveness.
(5)
Strengthen efforts to reduce Malta’s dependence
on imported oil, by bringing forward investments in renewable energies and
making full use of available EU funds to upgrade infrastructure and promote
energy efficiency.
Done at Brussels,
                                                                       For
the Council
                                                                       The
President
[1]               OJ L 209, 2.8.1997, p. 1.
[2]               OJ C , p. .
[3]               Maintained for 2011 by Council Decision 2011/308/EU
of 19 May 2011.
[4]               More details on the commitments made under the Euro
Plus Pact can be found in SEC(2011) 726.
[5]               SEC(2011) 726.
[6]               Foreseen in Article 5(3) of Council Regulation (EC)
No 1466/97.