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		52012DC0318

			Recommendation for a COUNCIL RECOMMENDATION on Italy’s 2012 national reform programme and delivering a Council opinion on Italy’s stability programme for 2012-2015 /* COM/2012/0318 final */

			   	Recommendation for a
COUNCIL RECOMMENDATION
on Italy’s 2012 national reform programme
and delivering a Council opinion on Italy’s stability programme for 2012-2015
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the
Functioning of the European Union, and in particular Articles 121(2) and 148(4)
thereof,
Having regard to Council Regulation (EC) No
1466/97 of 7 July 1997 on the strengthening of the surveillance of budgetary
positions and the surveillance and coordination of economic policies[1], and in particular Article 5(2)
thereof,
Having regard to Regulation (EU) No
1176/2011 of the European Parliament and of the Council of 16 November 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[3],
Having regard to the resolutions of the
European Parliament,[4]
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[5],
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 July 2011, the
Council adopted a recommendation on Italy’s national reform programme for 2011
and delivered its opinion on Italy’s updated stability programme for 2011-2014.
(4)       On 23 November 2011, the
Commission adopted the second Annual Growth Survey, marking the start of the
second European Semester of ex-ante and integrated policy coordination, which
is anchored in the Europe 2020 strategy. On 14 February 2012, the Commission,
on the basis of Regulation (EU) No 1176/2011, adopted the Alert Mechanism
Report[6],
in which it identified Italy as one of the Member States for which an in-depth
review would be carried out.
(5)       On 2 March 2012, 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.
(6)       On
2 March 2012, the European Council also invited the Member States participating
in the Euro Plus Pact to present their commitments in time for their inclusion
in their stability or convergence programmes and their national reform
programmes.
(7)       On 30 April 2012, Italy
submitted its stability programme covering the period 2012-2015 and its 2012
national reform programme. In order to take account of their interlinkages, the
two programmes have been assessed at the same time. The Commission has also
assessed in an in-depth review, under Article 5 of Regulation (EU) No
1176/2011, whether Italy is affected by macroeconomic imbalances. The
Commission concluded in its in-depth review[7] that Italy
is experiencing imbalances, although not excessive. In particular, while the
public debt is already under close scrutiny in the Stability and Growth Pact,
macroeconomic developments in the area of export performance deserve attention
so as to reduce the risk of adverse effects on the functioning of the economy.
(8)       Based on the assessment of
the stability programme pursuant to Article 5(1) of Council Regulation (EC) No
1466/97, the Council is of the opinion that the macroeconomic scenario
underlying the programme is plausible, under the assumption of no further
worsening in financial market conditions. In line with the Commission's spring
2012 forecast, it expects real GDP to contract sharply this year and recover gradually
in 2013. In compliance with the Excessive Deficit Procedure (EDP), the
objective of the budgetary strategy outlined in the programme is to bring the
general government deficit below the 3% of GDP reference value by 2012, based
on further expenditure restraint and additional revenues. Following the
correction of the excessive deficit, the programme confirms the medium-term
budgetary objective (MTO) of a balanced budgetary position in structural terms,
which adequately reflects the requirements of the Stability and Growth Pact. It
plans to achieve it in 2013, i.e. one year earlier than targeted in the
previous stability programme. Based on the (recalculated) structural deficit[8], the planned average annual
fiscal effort over the period 2010-2012 is well above the 0.5% of GDP
recommended by the Council under EDP. The envisaged pace of adjustment in
structural terms in 2013 allows achieving the MTO in that year and the planned
rate of growth of government expenditure, taking into account discretionary revenue
measures would comply with the expenditure benchmark of the Stability and
Growth Pact. The programme projects the government debt ratio to peak in 2012
and to start declining at an increasing pace thereafter, as the primary surplus
increases. In 2013-14 Italy will be in transition period and its budgetary
plans would ensure sufficient progress towards compliance with the debt reduction
benchmark, as also confirmed in the Commission's 2012 spring forecast.
According to plans, the debt reduction benchmark will be met at the end of the
transition period (2015). Reaching the above deficit and debt outcomes will
require strict and full budgetary implementation of the corrective measures
adopted in 2010‑11. Finally, Italy appears to be at medium risk with regard
to the sustainability of public finances in the long term.
(9)       As regards the fiscal
framework, the Italian Parliament approved a bill introducing a balanced budget
rule in the Italian Constitution. Implementing legislation will be needed to
specify key features of the rule, i.e. the modalities of application and the
appropriate correction mechanisms and escape clauses as well as the necessary
coordination between the different levels of government. The government
committed to pursue a durable improvement of the efficiency and quality of
public expenditure through in-depth spending reviews at all levels of
government. The reviews should also allow prioritising expenditure items in
favour of growth. With the same aim, a reorientation of the use of structural
funds is underway through measures taken in March 2011 and with the 2011
November’s Cohesion Action Plan, which also aims at speeding up the absorption
of structural funds. However, important deficiencies in terms of administrative
capacity continue to hamper absorption and hence the implementation of the
Plan, notably in the convergence regions.
(10)     The structure of the tax
system and the high level of tax evasion and undeclared work have adversely
affected the economic performance of the country. Tax compliance and governance
are also affected by wide-ranging tax expenditures and complex and burdensome
administrative procedures. The partial shift in tax burden away from the
factors of production onto consumption and property already enacted is an important
first step to make the tax structure more growth friendly, but a further shift is
warranted, while keeping into consideration distributional effects.
(11)     The social partners’
agreement of June 2011 to reform the wage-bargaining framework has been
formalised in legislation. It should allow more extensive use of firm-level
contracts, taking better account of the needs of specific production
activities. However, to fully address the issue of more dynamic nominal unit
labour costs than its trade partners, which is a key factor for Italy’s
competitiveness loss, the wage-bargaining system should be reformed further by
allowing more flexible arrangements also at the national sectoral level. In
April 2012, the government proposed an ambitious labour market reform
addressing long-standing challenges in the Italian labour market, including its
segmentation. This reform needs to be adopted as a matter of urgency, ensuring
that its objective and level of ambition remains commensurate to the challenge
of the Italian labour market. The scale and effectiveness of the liberalisation
of employment services should be closely monitored.
(12)     Despite efforts made to
improve the employability of women, mainly through targeted fiscal incentives,
the employment rate of Italian women is significantly lower (46.5% in 2011)
than the EU 27 average (58.5% in 2011). Further action on childcare and elderly
care facilities is needed. The challenge is particularly big for older female
workers in the private sector, as the pensionable age for women will rise by
five years between 2012 and 2018.
(13)     Youth unemployment in Italy
reached 29.1% on average in 2011 and rose further in the first months of 2012.
In particular, the unemployment rate among tertiary graduates is high and there
is mismatch between the acquired skills and those that are needed in the labour
market. The promotion of apprenticeship as a main port
of entry into the labour market is welcome but still
requires enforcement of the appropriate instruments such as a new system of
occupational and training standards and skills certification schemes. The
Commission launched an Action Team to reprogramme cohesion funds towards
measures that support the employment of young people and the development of
SMEs.
(14)     The early school leaving
rate of 18.8% at national level, with strong regional variations, has adverse
effects on youth unemployment. More targeted and
coordinated action to address the challenge of early school leaving should be
taken by combining prevention, intervention and compensation measures. The underperformance of the tertiary-education system should be
addressed including through the full implementation of the 2010 university
reform, and a stronger link between universities' performance and the
allocation of public funding.
(15)     Italy has adopted important
measures to liberalise services, in particular professional services, and
improve competition in the network industries. However, multiple challenges remain in the energy and transport sectors, in
particular railways and ports, where infrastructure and market bottlenecks
remain significant.
(16)     Although some measures have
already been adopted to encourage administrative simplification, the business
environment in Italy remains complex. In particular, the
judiciary system suffers from a number of
inefficiencies in terms of resource utilisation, procedures and institutional
organisation that are reflected in the low performance of the Italian civil
justice, in particular as regards the excessive duration of case-handling and
the amount of backlogs.
(17)     Access to financing by SME is
difficult and venture capital intensity is weak. An Allowance for new Corporate
Equity (ACE) was introduced in December 2011 allowing companies to exclude the
notional return on new injections of equity capital from taxable income. This
is expected to facilitate the increase in firm size of SMEs and investment in
innovation. While some measures have been taken to foster private R&D,
notably the refinancing of the tax credit for business investment in research,
the intensity remains low and implementation of projects of an innovative
nature is weak.
(18)     Italy has made a number of
commitments under the Euro Plus Pact. These commitments, and the implementation
of the commitments presented last year, relate to fostering employment,
improving competitiveness, enhancing sustainability of public finances and
reinforcing financial stability. The Commission has assessed the implementation
of the Euro Plus Pact commitments. The results of this assessment have been
taken into account in the recommendations.
(19)     In the context of the
European Semester, the Commission has carried out a comprehensive analysis of
Italy’s economic policy. It has assessed the stability programme and national
reform programme, and presented an in-depth review. It has taken into account
not only their relevance for sustainable fiscal and socio-economic policy in
Italy but also their compliance with EU rules and guidance, given the need to
reinforce the overall economic governance of the European Union by providing
EU-level input into future national decisions. Its recommendations under the
European Semester are reflected in recommendations (1) to (7) below.
(20)     In the light of this
assessment, the Council has examined Italy’s stability programme, and its
opinion[9]
is reflected in particular in recommendation (1) below.
(21)     In the light of the results
of the Commission’s in-depth review and this assessment, the Council has
examined Italy’s national reform programme for 2012 and Italy’s stability
programme. Its recommendations under Article 6 of Regulation (EU) No 1176/2011
are reflected in recommendations (1) to (7) below.
HEREBY RECOMMENDS that Italy should
take action within the period 2012-2013 to:
1.           Implement the budgetary
strategy as planned, and ensure that the excessive deficit is corrected in 2012.
Ensure the planned structural primary surpluses so as
to put the debt-to-GDP ratio on a declining path by 2013. Ensure adequate progress towards the
medium-term budgetary objective, while meeting the expenditure benchmark and making
sufficient progress towards compliance with the debt reduction benchmark.
2.           Ensure that
the specification of the key features of the Constitutional balanced
budget rule, including appropriate coordination across
levels of government, is consistent with the EU framework. Pursue a durable improvement of the efficiency and quality of
public expenditure through the planned spending review and
the implementation of the 2011 Cohesion Action Plan leading
to improving the absorption and management of EU funds, in particular
in the South of Italy.
3.           Take
further action to address youth unemployment, including by improving the
labour-market relevance of education and facilitating transition to work, also through
incentives for business start-ups and for hiring employees. Enforce nation-wide
recognition of skills and qualifications to promote labour mobility. Take
measures to reduce tertiary-education dropout rates and fight early school
leaving.
4.           Adopt
the labour market reform as a priority to tackle the segmentation of the labour
market and establish an integrated unemployment benefit scheme. Take further
action to incentivise labour market participation of women, in particular
through the provision of child and elderly care. To boost cost competitiveness,
strengthen the link between wages set at sectoral level and productivity
through further improvements to the wage setting framework, in consultation
with social partners and in line with national practices.
5.           Pursue
the fight against tax evasion. Pursue the shadow
economy and undeclared work, for instance by stepping up checks and controls.
Take measures to reduce the scope of tax
exemptions, allowances and VAT reduced rates and simplify the tax code. Take further action
to shift the tax burden away from capital and labour to property and
consumption as well as environment.
6.           Implement the adopted
liberalisation and simplification measures in the services sector. Take further
measures to improve market access in network industries, as well as
infrastructure capacity and interconnections.
7.           Simplify further the
regulatory framework for businesses and enhance administrative capacity. Improve
access to financial instruments, in particular equity, to finance growing
businesses and innovation. Implement the planned reorganisation of the civil
justice system, and promote the use of alternative dispute settlement mechanisms.

Done at Brussels,
                                                                       For
the Council
                                                                       The
President
[1]               OJ L 209, 02.08.1997, p. 1
[2]               OJ L 306, 23.11.2011, p. 25
[3]               COM(2012)318 final
[4]               P7_TA(2012)0048 and P7_TA(2012)0047
[5]               Council Decision 2012/238/EU of 26 April 2012
[6]               COM(2012) 68 final
[7]               SWD(2012)156 final
[8]               Cyclically
adjusted balance net of one-off and temporary measures, recalculated by the
Commission services on the
basis of the information provided in the programme, using the commonly agreed
methodology.
[9]               Under Article 5(2) of Council Regulation (EC) No
1466/97.


title: Council Recommendation of  14 March 2006  concerning the discharge to be given to the Commission in respect of the implementation of the operations of the European Development Fund (Eighth EDF) for the financial year 2004

text:
               18.3.2006

               EN

               Official Journal of the European Union

               L 81/11

      COUNCIL RECOMMENDATION

   of 14 March 2006
   concerning the discharge to be given to the Commission in respect of the implementation of the operations of the European Development Fund (Eighth EDF) for the financial year 2004
   (2006/222/EC)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community,
   Having regard to the Fourth ACP-EC Convention, signed at Lomé on 15 December 1989, as amended by the Agreement signed at Mauritius on 4 November 1995,
   Having regard to the Internal Agreement on the financing and administration of the Community aid under the Second Financial Protocol to the fourth ACP-EC Convention (1), setting up, amongst others, the Eighth European Development Fund (Eighth EDF), and in particular Article 33(3) of that Agreement,
   Having regard to the Financial Regulation of 16 June 1998 applicable to development finance cooperation under the Fourth ACP-EC Convention (2), and in particular Articles 66 to 74 thereof,
   Having examined the revenue and expenditure account and the balance sheet relating to the operations of the Eighth EDF as of 31 December 2004, and the Court of Auditors' report concerning the financial year 2004 together with the Commission's replies (3),
   Whereas pursuant to Article 33(3) of the said Internal Agreement, the discharge for the financial management of the Eighth EDF is to be given to the Commission by the European Parliament on the recommendation of the Council;
   Whereas the overall implementation by the Commission of the operations of the Eighth EDF during the financial year 2004 has been satisfactory,
   HEREBY RECOMMENDS that the European Parliament give the Commission a discharge in respect of the implementation of the operations of the Eighth EDF for the financial year 2004.

      Done at Brussels, 14 March 2006.

            For the Council

            The President

         K.-H. GRASSER

      (1)  OJ L 156, 29.5.1998, p. 108.

      (2)  OJ L 191, 7.7.1998, p. 53.

      (3)  OJ C 301, 30.11.2005, p. 249.


Avis juridique important

|

31990H0438

90/438/EEC: Commission Recommendation of 27 June 1990 on the reduction of chlorofluorocarbons used by the Community's refrigeration industry

Official Journal L 227 , 21/08/1990 P. 0030 - 0032

*****COMMISSION  RECOMMENDATION  of 27 June 1990  on the reduction of chlorofluorocarbons used by the Community's refrigeration industry  (90/438/EEC)  THE COMMISSION OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Article 155 thereof,  Whereas the Community has signed the Vienna Convention for the protection of the ozone layer, together with all of its Member States;  Whereas the Community has signed the Montreal Protocol on substances that deplete the ozone layer, together with all of its Member States;  Whereas the Council has adopted on 14 October 1988 Decision 88/540/EEC (1) for the conclusion and ratification of the Vienna Convention and the Montreal Protocol;  Whereas the Council has adopted on 14 October 1988 Regulation (EEC) No 3322/88 (2) for the implementation at Community level of the Montreal Protocol;  Whereas recent scientific studies have confirmed that some depletion of the ozone layer has already occured and that the observed changes may be due, wholly or in part, to the increased atmospheric abundance of trace gases, particularly chlorofluorocarbons (CFCs);  Whereas it is important to achieve the greatest feasible substitution of the CFCs listed in Annex I and halons in all areas of their use;  Whereas a number of Member States have reached voluntary agreements with their refrigeration industries for the progressive reduction in view of possible elimination of the CFCs listed in Annex I from these products;  Whereas the Council resolution of 14 October 1988 for the limitation of use of chlorofluorocarbons and halons (3) invites the Commission, in cooperation with the Member States, to initiate discussions on voluntary agreements at the Community level with all the industries concerned, wherever feasible to substitute the CFCs listed in Annex I and halons in products or in equipment or processes using them;  Whereas the European CFC producers represented by the European Chemical Industry Federation (CEFIC) have declared that they will recover and recycle used CFCs where technically feasible;  Whereas the refrigeration industry of the Community has elaborated a code of practice (4) concerning the design, installation, maintenance, and repair of refrigeration equipment as well as waste disposal for reducing the release of CFCs into the atmosphere;  Whereas, pending the availability of alternative substances with zero ozone-depletion potential (ODP), and which are environmentally acceptable in other respects, the reductions referred to in paragraph I.2 will depend upon the commercial availability and use of alternative substances which have a positive but relatively low ozone-depletion potential;  Whereas in some sectors of the refrigeration industry, such as domestic refrigeration, only marginal reductions in the consumption of controlled substances can be achieved prior to the commercial availability of alternative refrigerants;  Whereas the Council of Ministers concluded on 2 March 1989 that there is a need for a reduction of at least 85 % as soon as possible in the current level of production and use of the CFCs covered by the Montreal Protocol with a view to their being eliminated towards the end of the century, and for the said Protocol to be strengthened accordingly,  HEREBY RECOMMENDS:  I. to all sectors of the refrigeration and air conditioning industry in the Community, including manufacturers, installers and those undertaking the servicing of refrigeration and air conditioning equipment; and to all users of such equipment in the commercial, industrial, and public sectors together to seek:  1. to limit the consumption of the fully halogenated chlorofluorocarbons listed in Annex I used as refrigerants in refrigeration, with a view to phasing them out before the end of the century;  2. to reduce the consumption of fully halogenated chlorofluorocarbons by at least 25 % by the end of 1991 and by at least 50 % by the end of 1993 with respect to the 1986 consumption. In 1986 the Community consumption of the chlorofluorocarbons listed in Annex I in refrigeration was 28 800 ODP weighted tonnes. Progress in reduction will be monitored by the annual sales statistics for the substances listed in Annex I issued by the producers in the Community;  3. to take all practicable measures to capture and return to the suppliers or other appropriate centres any used refrigerant for reclamation where technically feasible;  II. to the federations mentioned in Annex II:  1. to use their best endeavours to ensure that the refrigeration industry within the Community minimizes its consumption of the controlled substances and achieves the reductions referred to in I.2;  2. to present to the Commission an annual report on the progress made in respect of the target reductions mentioned above, including statistics where practicable and starting with the year 1989;  III. to Member States to use their best endeavours:  1. to introduce requirements, in conjunction with their industry, for training, of operatives and technicians in the safe handling of refrigerants, leading to a certificate of competency; and, through their technical institutions, to establish a precise definition of professional qualification of operatives and technicians and technical competency of companies;  2. to encourage research and development of equipment used in the recovery of CFCs;  3. to introduce measures with a view to phasing out the use of disposable CFC containers;  4. to encourage recovery and recycling and to support the efforts of training of personnel;  5. to ensure that the aims of the recommendation are achieved by contributions from their respective territories.  Done at Brussels, 27 June 1990.  For the Commission  Carlo RIPA DI MEANA  Member of the Commission  (1) OJ No L 297, 31. 10. 1988, p. 8.  (2) OJ No L 297, 31. 10. 1988, p. 1.  (3) OJ No C 285, 9. 11. 1988, p. 1.  (4) CECOMAF GT1-001: Reduction of chlorofluorocarbon emissions from refrigerating systems.  ANNEX I  Substances covered by this recommendation  1.2 //  //  // Substance  // Ozone-depleting potential  //  //  // CFC13 (CFC- 11)   // 1,0   // CF2C12 (CFC- 12)  // 1,0   // C2F3C13 (CFC-113)   // 0,8   // C2F4C12 (CFC-114)  // 1,0   // C2F5C1 (CFC-115)   // 0,6   //    //  ANNEX II  1.2 // 1. AREA:   // Air Conditioning & Refrigeration European Association   // 2. CECED:   // European Committee of Manufacturers of Electrical Domestic Equipment   // 3. CECOMAF:   // European Committee of Manufacturers of Refrigeration Equipment   // 4. RIB:   // Refrigeration Industry Board (RIB/CECOMAF)


title: Council Recommendation of 10 July 2012 on the National Reform Programme 2012 of Poland and delivering a Council Opinion on the Convergence Programme of Poland, 2012-2015

text:
               24.7.2012

               EN

               Official Journal of the European Union

               C 219/65

         COUNCIL RECOMMENDATION
   of 10 July 2012
   on the National Reform Programme 2012 of Poland and delivering a Council Opinion on the Convergence Programme of Poland, 2012-2015
   2012/C 219/19
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Articles 121(2) and 148(4) thereof,
   Having regard to Council Regulation (EC) No 1466/97 of 7 July 1997 on the strengthening of the surveillance of budgetary positions and the surveillance and coordination of economic policies (1), and in particular Article 9(2) thereof,
   Having regard to the recommendation of the European Commission,
   Having regard to the conclusions of the European Council,
   Having regard to the opinion of the Employment Committee,
   After consulting the Economic and Financial Committee,
   Whereas:

               (1)

               On 26 March 2010, the European Council agreed to the Commission’s proposal to launch a new strategy for jobs and growth, Europe 2020, based on enhanced coordination of economic policies, which 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, adopted a decision on guidelines for the employment policies of the Member States (2), which together form the ‘integrated guidelines’. Member States were invited to take the integrated guidelines into account in their national economic and employment policies.

               (3)

               On 12 July 2011, the Council adopted a recommendation (3) on Poland’s National Reform Programme for 2011 and delivered its opinion on Poland’s updated Convergence Programme for 2011-2014.

               (4)

               On 23 November 2011, the Commission adopted the second Annual Growth Survey, marking the start of the second European Semester of ex ante and integrated policy coordination, which is anchored in the Europe 2020 strategy. On 14 February 2012, the Commission, on the basis of 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 (4), adopted the Alert Mechanism Report, in which it did not identify Poland as one of the Member States for which an in-depth review would be carried out.

               (5)

               On 1 December 2011, the Council adopted conclusions calling on the Social Protection Committee, in cooperation with the Employment and other Committees, to present its views on actions recommended within the Europe 2020 policy cycle. These views form part of the opinion of the Employment Committee.

               (6)

               The European Parliament has been duly involved in the European Semester, in accordance with Regulation (EC) No 1466/97, 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.

               (7)

               On 2 March 2012, 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 2 March 2012, the European Council also invited the Member States participating in the Euro Plus Pact to present their commitments in time to be included in their Stability or Convergence Programmes and their National Reform Programmes.

               (9)

               On 25 April 2012, Poland submitted its Convergence Programme covering the period 2012-2015 and, on 27 April 2012, its 2012 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 and is in line with the Commission services 2012 spring forecast. The objective of the budgetary strategy outlined in the Convergence Programme is to correct the excessive deficit by 2012 and reach the medium-term budgetary objective (MTO) by 2015. The Convergence Programme confirms the MTO of a deficit of 1 % of GDP, which adequately reflects the requirements of the Stability and Growth Pact. The planned correction of the deficit is in line with the deadline set by the Council and the planned fiscal effort complies with the Council recommendation under the excessive deficit procedure (EDP). Based on the (recalculated) structural balance (5), the planned annual progress towards the MTO is higher than 0,5 % of GDP (in structural terms). The growth rate of government expenditure, taking into account discretionary revenue measures, is in line with the benchmark of the Stability and Growth Pact over entire programme period, but exceeds the expenditure benchmark by a small margin in 2013, according to the Commission services 2012 spring forecast. Sufficient progress towards the MTO may require additional efforts as it predominantly relies on sizeable cuts in public investment expenditure and is not sufficiently supported by detailed measures in the outer years of the Convergence Programme. General government debt is projected to remain below 60 % of GDP in Poland over the programme period. The national authorities forecast it to decrease gradually from 56,3 % of GDP in 2011 to 49,7 % of GDP in 2015, whereas the Commission, taking account of possible risks to the consolidation plans, expects the improvement to be slower.

               (11)

               The Government has not yet taken action to implement a permanent expenditure rule by 2013. Work on a permanent rule is still in preparation and no details have been disclosed so far. There has also been no progress on adjusting the classification of national accounts to the European system of accounts (ESA95 standards) and on improving coordination among different levels of government when it comes to the budgetary process.

               (12)

               Youth unemployment is above the EU average and is largely the result of a skills mismatch and low access to apprenticeships and work-based learning. Measures are planned to facilitate the entry of young people into the labour market. The partial abuse of self-employment and civil law contracts which are not governed by Labour Law appear to be a cause of labour market segmentation and in-work poverty, which is among the highest in the Union. Additionally, the scope and adequacy of in-work benefits support for low-wage earners should be reviewed.

               (13)

               Poland started implementing an ambitious higher education reform in the second half of 2011. This aims to strengthen university-business links and to address the skills and jobs mismatch. The reform aims to make courses more flexible and more responsive to changing labour market needs. It also promotes self-employment. Nevertheless, there is still a need to improve the relevance and quality of teaching provision, with a particular focus on tertiary private institutions.

               (14)

               The participation of women in the labour market needs to be raised by improving the childcare system. Poland currently has the lowest enrolment rate in pre-school education in Europe. This is due to the lack of places and a lack of adequate infrastructure. The Government’s declaration that it would generate additional funds to set up pre-school childcare institutions (3-5 years of age) is not reflected in the 2012 Budget Law. This has resulted in some municipalities closing down schools and kindergartens.

               (15)

               In order to address the low participation of older workers in the labour market, Poland has adopted a general pension reform. The statutory retirement age will be raised gradually from 2013 onwards to reach 67 years (currently 65) for men in 2020 and for women (currently 60) in 2040. Poland has continued its efforts to limit favourable retirement conditions for uniformed services. In 2011, Poland introduced some changes to the farmers’ social security fund (KRUS). However, the reform is temporary and not sufficient from the labour market perspective. Miners still benefit from a special pension scheme.

               (16)

               Recent reforms to improve the research environment aim to concentrate tailored funding on the institutions that perform best. The National Research Programme, adopted in August 2011, is an important step in this direction. However, it remains unclear how priorities in that Programme are linked and taken forward in innovation and industrial policy.

               (17)

               Existing restrictions on providing professional services are a major obstacle to further growth, in particular in construction, transport and health. The Government has announced a plan to scale down regulation in professional services by 50 %, regarding both educational requirements and licensing. Despite recent efforts the administrative burden on business remains high and public administration continues to lack efficiency. The main areas of concern include high compliance costs, complex and unstable tax legislation, weak contract enforcement, lengthy and burdensome licensing and permit procedures, and property registration and zoning legislation. Judicial proceedings and other legal actions are lengthy and there are a relatively high number of cases pending.

               (18)

               Growth and competition in the energy sector is held back by lagging implementation of EU legislation, in particular regarding the Second and Third Energy Packages and Directive 2009/28/EC of the European Parliament and of the Council of 23 April 2009 on the promotion of the use of energy from renewable sources (6) (Renewable Energy Directive), and pending infringement procedures. While the motorway and expressway network is being extensively developed with support from EU funds, the need for investment in the rail network is even more pressing, given the very poor state of the infrastructure. Poland is not fully using Cohesion Fund resources available for this purpose. There are still obstacles to efficient functioning of the railway market.

               (19)

               Poland has made a number of commitments under the Euro Plus Pact. The commitments, and the implementation of the commitments presented in 2011, relate to fostering employment, improving competitiveness, enhancing sustainability of public finances and reinforcing financial stability. The Commission has assessed the implementation of the Euro Plus Pact commitments. The results of this assessment have been taken into account in the recommendations.

               (20)

               In the context of the European Semester, the Commission has carried out a comprehensive analysis of Poland’s economic policy. It has assessed the Convergence Programme and National Reform Programme. It has taken into account not only their relevance for sustainable fiscal and socioeconomic policy, but also their compliance with EU rules and guidance, given the need to reinforce the overall economic governance of the Union by providing EU-level input into future national decisions. Its recommendations under the European Semester are reflected in recommendations (1) to (6) below.

               (21)

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

         HEREBY RECOMMENDS that Poland take action within the period 2012-2013 to:

               1.

               Ensure planned progress towards the correction of the excessive deficit. To this end, fully implement the budget for the year 2012 and achieve the structural adjustment effort specified in the Council recommendations under the EDP. Thereafter, specify the measures necessary to ensure implementation of the budgetary strategy for the year 2013 and beyond as envisaged, ensuring an adequate structural adjustment effort to make sufficient progress towards the MTO, including meeting the expenditure benchmark. Minimise cuts in growth-enhancing expenditure in the future and improve tax compliance.

               2.

               Speed up the reform of the fiscal framework by enacting legislation with a view to introducing a permanent expenditure rule by 2013. This rule should be consistent with the ESA. Take measures to strengthen the mechanisms of coordination among the different levels of government in the medium-term and annual budgetary processes.

               3.

               To reduce youth unemployment, increase the availability of apprenticeships and work-based learning, improve the quality of vocational training and adopt the proposed lifelong learning strategy. Better match education outcomes with the needs of the labour market and improve the quality of teaching. To combat labour market segmentation and in-work poverty, limit excessive use of civil law contracts and extend the probationary period to permanent contracts.

               4.

               Reinforce efforts to increase the labour market participation of women and raise enrolment rates of children in both early childcare and pre-school education, by ensuring stable funding and investment in public infrastructure, the provision of qualified staff, and affordable access. Tackle entrenched practices of early retirement to increase exit ages from the labour market. Phase out the special pension scheme for miners with a view to integrating them into the general scheme. Take more ambitious, permanent steps to reform the KRUS to better reflect individual incomes.

               5.

               Take additional measures to ensure an innovation-friendly business environment, by ensuring better links between research, innovation and industry, and by establishing common priority areas and instruments supporting the whole innovation cycle; improve access to finance for research and innovation activities through guarantees and bridge financing.

               6.

               Step up efforts to improve incentives for investment in energy generation capacity and energy efficiency in the whole energy chain, speed up the development of the electricity grid, including cross-border interconnections, eliminate obstacles in electricity cross border exchange, and strengthen competition in the gas sector by phasing out regulated prices and by creating a gas trading platform. Strengthen the role and resources of the railway market regulator and ensure effective and swift implementation of railway investment projects. Reduce restrictions on professional services and simplify contract enforcement and requirements for construction permits.

      Done at Brussels, 10 July 2012.

            For the Council

            The President

         V. SHIARLY

      (1)  OJ L 209, 2.8.1997, p. 1.

      (2)  Maintained for 2012 by Council Decision 2012/238/EU of 26 April 2012 on guidelines for the employment policies of the Member States (OJ L 119, 4.5.2012, p. 47).

      (3)  OJ C 217, 23.7.2011, p. 5.

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

      (5)  Cyclically-adjusted balance net of one-off and temporary measures, recalculated by the Commission services on the basis of the information provided in the Programme, using the commonly agreed methodology.

      (6)  OJ L 140, 5.6.2009, p. 16.

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


title: Recommendation of the European Central Bank of 24 August 2017 to the Council of the European Union on the external auditors of the Banco de Portugal (ECB/2017/24)

text:
               2.9.2017

               EN

               Official Journal of the European Union

               C 292/1

         RECOMMENDATION OF THE EUROPEAN CENTRAL BANK
   of 24 August 2017
   to the Council of the European Union on the external auditors of the Banco de Portugal
   (ECB/2017/24)
   (2017/C 292/01)
   THE GOVERNING COUNCIL OF THE EUROPEAN CENTRAL BANK,
   Having regard to the Treaty on the Functioning of the European Union,
   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)

               The mandate of the Banco de Portugal’s current external auditors, PricewaterhouseCoopers & Associados — Sociedade de Revisores Oficiais de Contas, Lda. ended after the audit for the financial year 2016. It is therefore necessary to appoint external auditors from the financial year 2017.

               (3)

               Banco de Portugal has selected Deloitte & Associados — Sociedade de Revisores Oficiais de Contas S.A. as its external auditors for the financial years 2017 to 2021,

         HAS ADOPTED THIS RECOMMENDATION:
   It is recommended that Deloitte & Associados — Sociedade de Revisores Oficiais de Contas S.A. should be appointed as the external auditors of Banco de Portugal for the financial years 2017 to 2021.

      Done at Frankfurt am Main, 24 August 2017.

            The President of the ECB

         Mario DRAGHI


title: Recommendation of the European Central Bank of 17 November 2008 to the Council of the European Union on the external auditors of the Banque centrale du Luxembourg (ECB/2008/16)

text:
               22.11.2008

               EN

               Official Journal of the European Union

               C 299/5

      RECOMMENDATION OF THE EUROPEAN CENTRAL BANK

   of 17 November 2008
   to the Council of the European Union on the external auditors of the Banque centrale du Luxembourg
   (ECB/2008/16)
   (2008/C 299/02)
   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 of the national central banks of the Eurosystem 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 Banque centrale du Luxembourg's current external auditor will end after the audit for the financial year 2008. It is therefore necessary to appoint external auditors from the financial year 2009.

               (3)

               The Banque centrale du Luxembourg has selected KPMG AUDIT SARL as its external auditors for the financial years 2009 to 2013,

         HAS ADOPTED THIS RECOMMENDATION:
   It is recommended that KPMG AUDIT SARL should be appointed as the external auditors of the Banque centrale du Luxembourg for the financial years 2009 to 2013.

      Done at Frankfurt am Main, 17 November 2008.

            The President of the ECB

         Jean-Claude TRICHET


title: Commission Recommendation (Euratom) 2016/538 of 4 April 2016 on the application of Article 103 of the Euratom Treaty (notified under document C(2016) 1168)

text:
               6.4.2016

               EN

               Official Journal of the European Union

               L 89/20

         COMMISSION RECOMMENDATION (Euratom) 2016/538
   of 4 April 2016
   on the application of Article 103 of the Euratom Treaty

         (notified under document C(2016) 1168)

   THE EUROPEAN COMMISSION,
   Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Article 103 thereof in conjunction with Article 106a referring to Article 292 of the Treaty on the Functioning of the European Union,
   Whereas:

               (1)

               One of the tasks of the Community, according to Article 2(h) of the Treaty, is to establish with other countries and international organisations such relations as will foster progress in the peaceful uses of nuclear energy. In order to achieve this task, the Community is endowed, pursuant to Chapter 10 of Title II of the Treaty, with powers in the field of external relations.

               (2)

               According to Article 101 of the Treaty, the Community may, within the limits of its powers and jurisdiction, enter into obligations by concluding agreements or contracts with a third State, an international organisation or a national of a third State. Pursuant to this provision, Euratom agreements have been concluded with the main supplier countries of the Community.

               (3)

               Article 102 on the other hand empowers the Community to enter into agreements to which, in addition to the Community, the Member States are also parties. Such agreements can be implemented as regards the Community only by means of a close association between the institutions of the Community and the Member States both in the process of negotiation and conclusion and in the fulfilment of the obligations entered into.

               (4)

               In accordance with the Treaty, Member States retain, under the conditions foreseen in the Treaty, their treaty-making capacity as actors in the international scene and, consequently, have the right to conclude, at any time, bilateral agreements with third countries that concern matters within the purview of the Euratom Treaty.

               (5)

               Article 103 of the Treaty plays a central role in reconciling the need to ensure the unity and primacy of Euratom law with Member States' freedom of action in conducting their external relations in the nuclear field. Pursuant to this Article, Member States are to communicate to the Commission draft agreements or contracts with a third State, an international organisation or a national of a third State to the extent that such agreements or contracts concern matters within the purview of the Treaty. If a draft agreement or contract contains clauses which impede the application of the Treaty, the Commission is to make its comments known to the Member State concerned within 1 month of receipt of such communication. A Member State is not to conclude the proposed agreement or contract until it has satisfied the objections of the Commission or complied with a ruling of the Court of Justice adjudicating urgently on the compatibility of the proposed clauses with the provisions of the Treaty.

               (6)

               The Court of Justice of the European Communities, in its Ruling 1/78 of 14 November 1978, ruled that the aim of Article 103 was to ensure that the provisions of the Treaty are not frustrated by agreements or contracts concluded by the Member States with third parties (1).

               (7)

               An assessment pursuant to Article 103 extends to the compatibility of the draft agreement or contract with the provisions of the Euratom Treaty and the secondary legislation adopted on its basis. It does not extend to the compatibility of the draft agreement or contract with the provisions of the Treaty on the Functioning of the European Union.

               (8)

               Considerable experience has been gained in the application of Article 103. That experience shows that certain aspects of the Euratom acquis are of direct relevance in the context of Member States' external relations. The Commission has had to repeatedly draw attention to specific provisions of Euratom law in its comments to Member States following assessments under Article 103. Guidance is therefore needed on the application of Article 103. The aim of this Recommendation is to recall the main provisions which are of relevance in this context and to provide increased clarity and legal certainty to the Member States when they negotiate their draft agreements or contracts.

               (9)

               The 1 month period referred to in the second paragraph of Article 103 starts to run from the date on which the Commission is in receipt of the communication. Such receipt is to be deemed to have occurred only when the Commission is in possession of the complete notification file.

               (10)

               Decision No 994/2012/EU of the European Parliament and of the Council (2) provides the Member States with the possibility of seeking the assistance of the Commission in the negotiation of international agreements which fall within the scope of that Decision. That same possibility should be available to the Member States when negotiating agreements or contracts falling within the scope of the Euratom Treaty.

               (11)

               Nuclear research is within the purview of the Euratom Treaty, as provided for in Chapter 1 of Title II on the ‘Promotion of research’. This Commission Recommendation therefore also covers research international agreements, whatever their designation, in the field of nuclear fission and fusion research.

               (12)

               The basic standards laid down by the Community pursuant to Chapter 3 of Title II of the Treaty, and in particular Council Directive 2009/71/Euratom (3), Council Directive 2011/70/Euratom (4) and Council Directive 2013/59/Euratom (5), aim to ensure the protection of the health of workers and the general public against the dangers of ionising radiation, irrespectively of the source of that radiation. They are at the core of the legal system set up by the Treaty and are therefore of central importance in the context of assessments under Article 103.

               (13)

               Chapter 6 of Title II of the Treaty establishes the Euratom Supply Agency and confers upon it an exclusive right to conclude contracts relating to the supply of ores, source materials and special fissile materials coming from inside the Community or from outside. In the event that a draft agreement or contract concerned by the present Recommendation includes also provisions on supply matters, its assessment by the Commission pursuant to Article 103 should be without prejudice to the exclusive right of the Agency to conclude supply contracts; co-signature of supply contracts by the Agency on the other hand is without prejudice to the assessment by the Commission of the compatibility of Member States' draft agreements or contracts with the provisions of the Treaty and its secondary legislation.

               (14)

               One of the key pillars of the European Energy Security Strategy is diversifying external supplies and related infrastructure. In the uranium and nuclear fuel market, the Commission and Member States are called upon to cooperate to diversify supply of nuclear fuel when needed. The Commission undertakes to systematically take into consideration diversification of fuel supplies in its assessment of new nuclear investment projects and new draft agreements or contracts with third countries. The Euratom Supply Agency on the other hand is to ensure that any new investment does not hinder the possibility of fuel supply diversification. This Recommendation contributes to the achievement of these objectives.

               (15)

               In accordance with the second paragraph of Article 104 of the Treaty, Member States should communicate to the Commission, at its request, all information related to agreements or contracts concluded by persons or undertakings with third States, international organisations or nationals of a third State within the scope of the Treaty,

         HAS ADOPTED THIS RECOMMENDATION:

               1.

               ‘Draft agreement or contract’ within the meaning of Article 103 of the Treaty should be understood to mean any agreement, whatever its designation, that concerns matters within the purview of the Treaty and which is negotiated by a Member State (6). Draft agreements or contracts amending existing agreements or contracts between one or more Member States and a third State, an international organisation or a national of a third State concerning matters within the purview of the Treaty are also within the scope of Article 103. However, draft agreements or contracts concerning the supply or the processing, conversion or shaping of ores, source materials or special fissile materials which are to be concluded between undertakings and which are to be notified to the Euratom Supply Agency or submitted to it for conclusion in accordance with Chapter 6 of Title II of the Treaty should not be notified to the Commission pursuant to Article 103.

      PART I

      Pre-notification stage

               2.

               If a Member State intends to enter into negotiations with a third State, an international organisation or a national of a third State in relation to a draft agreement or contract, that Member State may inform the Commission in writing of its intention. Where the Member State gives the Commission such notice of negotiations, the Member State concerned is encouraged to keep the Commission regularly informed of the progress of the negotiations. The Member State may also request the Commission to provide it with advice on how to avoid incompatibility of the draft agreement or contract with the Treaty.
               Member States may also, where they consider it necessary, request the participation of the Commission in the negotiations as an observer.

               3.

               Member States are encouraged to submit a notification pursuant to Article 103 after agreement ad referendum has been reached by the parties on all the main elements of the draft agreement or contract but before the draft agreement or contract is concluded.

               4.

               Member States are encouraged to address to the Commission, by electronic means, an advance copy of the notification, including all accompanying documents (7). Nevertheless, an electronic transmission should be followed by the notification of the complete file in paper form.

      PART II

      Content of the notification

               5.

               The notification should include, as applicable, all of the following:

                           (a)

                           the text of the draft agreement or contract;

                           (b)

                           any annexes or appendices to the draft agreement or contract;

                           (c)

                           any other agreements or contracts, in the version currently in force, referred to in the notified draft agreement or contract.

      PART III

      Compatibility of the draft agreement or contract with the Treaty

               6.

               Member States are encouraged to include, in their draft agreements or contracts, an explicit reference to their membership of the European Atomic Energy Community and to the obligations deriving from that membership. It is suggested that they recall that, in case of conflict between the provisions of the draft agreement or contract and provisions of Euratom law, it is the latter that are to prevail. When negotiating their draft agreements or contracts, Member States are to duly take into account the Community's own competences, as well as the principles and fundamental freedoms enshrined in the Treaty in relation to the nuclear common market and any requirements deriving from acts of the institutions adopted pursuant to the Treaty.

               7.

               Member States are to ensure that their draft agreements or contracts do not contain clauses which are in conflict with the basic standards laid down pursuant to Chapter 3 of Title II of the Treaty. These include in particular:

                           (i)

                           the principle of the ultimate responsibility of the Member State for the management of the spent fuel and radioactive waste generated in its territory;

                           (ii)

                           the principle of the ultimate responsibility of the Member State or third country from where radioactive waste or spent fuel is shipped for processing or reprocessing for the safe and responsible disposal of those materials;

                           (iii)

                           the requirement that radioactive waste is disposed of in the Member State in which it is generated, unless the conditions specified in the secondary legislation adopted pursuant to the Treaty are satisfied.

               8.

               When negotiating draft agreements or contracts, Member States are to take utmost account of the requirements of the common supply policy pursuant to Chapter 6 of Title II of the Treaty, and in particular the need to ensure, subject to the right of the Euratom Supply Agency to conclude supply contracts, the regular and equitable supply of ores, source materials or special fissile materials to any user in the Community. Member States are in particular to avoid the inclusion of clauses that would result in any user in their territory becoming excessively dependent on any single source of supply or any single provider of nuclear fuel cycle services or equipment or technology. Likewise, Member States are not to include clauses which have the purpose or effect of foreclosing the market to alternative suppliers or providers or making the emergence of alternative suppliers or providers excessively difficult.

               9.

               It is recommended that Member States recall, in their draft agreements or contracts, that any nuclear material exchanged pursuant to those draft agreements or contracts is subject to the requirements on safeguards pursuant to Chapter 7 of Title II of the Treaty during all stages of its presence on the territory of the Community. Member States are also encouraged to include a reference to the agreement in force between the Community, the International Atomic Energy Agency and the Member State concerned on the application of safeguards, as well as any additional protocols thereto.

               10.

               Member States are not to include provisions in their draft agreements or contracts which have the effect of transferring to the other party or parties to the draft agreement or contract the ownership of special fissile materials which are the property of the Community pursuant to Chapter 8 of Title II of the Treaty.

               11.

               Member States are to ensure that their draft agreements or contracts do not include provisions which make the transfer within the Community, for whatever purpose, of any of the goods or products listed in Annex IV to the Treaty subject to the prior authorisation of the other party or parties to the draft agreement or contract or which prevent compliance with the rules of the nuclear common market.

               12.

               When negotiating a draft agreement or contract, Member States are to take into account, where applicable, any agreements concluded between the Community and the other party or parties to the draft agreement or contract. They are encouraged to make an explicit reference to the relevant Euratom agreement in the text of the draft agreement or contract to be notified to the Commission.

      PART IV

      The assessment of the notification by the Commission

               13.

               At the conclusion of its assessment, the Commission makes its comments known to the Member State concerned. Those comments should indicate which provisions of the draft agreement or contract impede the application of the Treaty within the meaning of Article 103, and should, where applicable, refer to specific chapters of the Treaty as laid down in Part III of this Recommendation.

      PART V

      Follow-up to the Commission's assessment

               14.

               Member States are encouraged, following the conclusion of a draft agreement or contract notified pursuant to Article 103, to communicate to the Commission the final text of that agreement or contract, as well as any subsequent declaration or agreement, in whatever form, made by either or both parties in relation to the interpretation or implementation thereof.

               15.

               The fact that the Commission, having been notified of a draft agreement or contract pursuant to Article 103, does not find any elements that would impede the application of the Treaty, does not exclude that the implementation of that agreement or contract could give rise to an infringement of Euratom law.

               16.

               It is recommended that Member States provide the Commission, at the latter's request, with information related to the implementation or interpretation of any agreements or contracts which come within the purview of the Treaty and which are in force between them and third States, international organisations or nationals of a third State.

      This Recommendation is addressed to the Member States.
      Done at Brussels, 4 April 2016.

            For the Commission

         Miguel ARIAS CAÑETE

            Member of the Commission

      (1)  European Court Reports 1978, p. 02151.

      (2)  Decision No 994/2012/EU of the European Parliament and of the Council of 25 October 2012 establishing an information exchange mechanism with regard to intergovernmental agreements between Member States and third countries in the field of energy (OJ L 299, 27.10.2012, p. 13).

      (3)  Council Directive 2009/71/Euratom of 25 June 2009 establishing a Community framework for the nuclear safety of nuclear installations (OJ L 172, 2.7.2009, p. 18).

      (4)  Council Directive 2011/70/Euratom of 19 July 2011 establishing a Community framework for the responsible and safe management of spent fuel and radioactive waste (OJ L 199, 2.8.2011, p. 48).

      (5)  Council Directive 2013/59/Euratom of 5 December 2013 laying down basic safety standards for protection against the dangers arising from exposure to ionising radiation, and repealing Directives 89/618/Euratom, 90/641/Euratom, 96/29/Euratom, 97/43/Euratom and 2003/122/Euratom (OJ L 13, 17.1.2014, p. 1).

      (6)  An ‘agreement’ within the meaning of Article 4(4) of Directive 2011/70/Euratom should however be understood to mean an agreement relating specifically to the use of a disposal facility as specified in that Article.

      (7)  To be sent to the address ENER-LUX-Euratom-ARTICLE-103@ec.europea.eu


title: Recommendation of the European Central Bank of 26 September 2012 on the data quality management framework for the Centralised Securities Database (ECB/2012/22)

text:
               7.11.2012

               EN

               Official Journal of the European Union

               C 339/1

         RECOMMENDATION OF THE EUROPEAN CENTRAL BANK
   of 26 September 2012
   on the data quality management framework for the Centralised Securities Database
   (ECB/2012/22)
   2012/C 339/01
   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 to Article 5.1 and the third indent of Article 34.1 thereof,
   Having regard to Council Regulation (EC) No 2533/98 of 23 November 1998 concerning the collection of statistical information by the European Central Bank (1),
   Whereas:

               (1)

               The Centralised Securities Database (CSDB) is a single information technology infrastructure, which is operated jointly by the members of the European System of Central Banks (ESCB), including national central banks (NCBs) of non-euro area Member States where such NCBs voluntarily participate in the operation of the CSDB. The CSDB stores item-by-item data, in particular, data on securities, their issuers and prices.

               (2)

               Data are collected from various sources, including from ESCB members, certain commercial data providers, the public domain and administrative sources, and transmitted to the CSDB. There is a risk, however, that such input data may be inaccurate or incomplete. The CSDB system is able to reconcile partially inconsistent input data from different sources, and can detect incomplete or missing data. It automatically compounds input data from various overlapping sources to the extent possible into a complete and high quality single record.

               (3)

               The overall quality of data in the CSDB can only be assessed at the level of output data rather than at the level of individual sets of input data. To ensure the completeness, accuracy and consistency of output data, Guideline ECB/2012/21 on the data quality management framework for the Centralised Securities Database (2) lays down the framework for data quality management (DQM) to be applied to output feed data, a subset of output data that can be used to support the production of statistics or other uses.

               (4)

               The effective application of the CSDB DQM framework relies on cooperation between all members of the ESCB participating in the operation of the CSDB and on the application of equal quality standards by such members. Non-euro area NCBs participating in the operation of the CSDB should cooperate with each other, with euro area NCBs and with the ECB in, applying the CSDB DQM framework in accordance with Guideline ECB/2012/21,

         HAS ADOPTED THIS RECOMMENDATION:
   I.   Definitions

   For the purposes of this Recommendation the terms ‘CSDB’, ‘DQM’ and ‘DQM competent authorities’ shall have the same meaning as those set out in Guideline ECB/2012/21.
   II.   Provision of statistical information

   The addressees to this Recommendation should apply the CSDB DQM framework and comply in a timely manner with the obligations of DQM competent authorities as laid down in Articles 2 to 12 of Guideline ECB/2012/21.
   III.   Final provision

   This Recommendation is addressed to the NCBs of non-euro area Member States, insofar as applicable.

      Done at Frankfurt am Main, 26 September 2012.

            The President of the ECB

         Mario DRAGHI

      (1)  OJ L 318, 27.11.1998, p. 8.

      (2)  Not yet published in the Official Journal of the European Union.