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		52013DC0371

			Recommendation for a COUNCIL RECOMMENDATION on Poland’s 2013 national reform programme and delivering a Council opinion on Poland’s convergence programme for 2012-2016 /* COM/2013/0371 final */

Recommendation for a
COUNCIL RECOMMENDATION
on Poland’s 2013 national reform programme
and delivering a Council opinion on Poland’s convergence programme for
2012-2016

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[2],
Having regard to the resolutions of the
European Parliament[3],
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 growth and jobs, 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, on the
basis of the Commission's proposals, 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[4],
which together form the ‘integrated guidelines’. Member States were invited to
take the integrated guidelines into account in their national economic and
employment policies.
(3)       On 29 June 2012, the Heads
of State or Government decided on a Compact for Growth and Jobs, providing a
coherent framework for action at national, EU and euro area levels using all
possible levers, instruments and policies. They decided on action to be taken
at the level of the Member States, in particular expressing full commitment to
achieving the objectives of the Europe 2020 Strategy and to implementing the
country-specific recommendations.
(4)       On 6 July 2012, the
Council adopted a recommendation on Poland’s national reform programme for 2011
and delivered its opinion on Poland’s updated convergence programme for
2011-2015.
(5)       On 28 November 2012, the
Commission adopted the Annual Growth Survey[5],
marking the start of the 2013 European Semester of economic policy
coordination. Also on 28 November 2012, the Commission, on the basis of
Regulation (EU) No 1176/2011, adopted the Alert Mechanism Report[6], in which did not identify
Poland as one of the Member States for which an in-depth review would be
carried out.
(6)       On 14 March 2013, the
European Council endorsed the priorities for ensuring financial stability, fiscal
consolidation and action to foster growth. It underscored the need to pursue
differentiated, growth-friendly fiscal consolidation, to restore normal lending
conditions to the economy, to promote growth and competitiveness, to tackle
unemployment and the social consequences of the crisis, and to modernise public
administration.
(7)       On 30 April 2013, Poland submitted its 2013 convergence programme covering the period 2012-2016 and its 2013
national reform programme. In order to take account of their interlinkages, the
two programmes have been assessed at the same time.
(8)       Poland undertook
considerable consolidation efforts in 2011-2012 in line with the Council
recommendation. However, in view of a deteriorating global economic situation
the deadline to correct the excessive deficit has been missed and more time is
needed to correct it. Based on the assessment of the 2013 convergence programme
pursuant to Council Regulation (EC) No 1466/97, the Council is of the opinion
that the macroeconomic scenario underpinning the budgetary projections in the
programme is optimistic. In particular, private consumption and private
investment is expected to increase more strongly than in the Commission 2013
spring forecast, leading to an overall higher growth rate in 2013 (1.5% against
1.1%). The objective of the budgetary strategy outlined in the programme is to
bring the deficit to 3.5% of GDP by 2013 (one year after the original 2012 EDP
deadline) and reach the medium-term budgetary objective (MTO) by 2016. However,
the 2013 Convergence Programme plans to bring the headline deficit below 3% of
GDP only by 2015. Given the overly optimistic growth forecast and revenue
projections in the programme the Council considers that the fiscal effort
envisaged by the authorities is not compatible with an actual correction of the
excessive deficit by 2013 unless significant additional measures are taken to
reinforce the effort for this year. The programme is based on an optimistic
scenario and not sufficiently supported by detailed measures in order to
credibly ensure the correction of the deficit at the latest by 2014. Additional
efforts are therefore required based on detailed measures for both 2013 and
2014. The authorities have not sufficiently exploited the pre-crisis growth
environment to reform the structure of public spending to prioritise
growth-enhancing items. The programme confirms the previous MTO of -1% of GDP,
which reflects the objectives of the Pact. Based on the (recalculated)
structural deficit, the MTO is not projected to be attained by 2016, as planned
in the programme, as the planned annual progress towards the MTO of 0.3% of GDP
(in structural terms) in 2015 and 0.7% of GDP in 2016 is not sufficient. 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 the entire programme period. Additional efforts as well as changes in
the composition of the adjustment may be required also in the outer years of
the programme as the progress towards the MTO predominantly relies on sizeable
cuts in public investment expenditure and is not sufficiently supported by
detailed measures. General government debt is projected to remain below 60% of
GDP in Poland over the programme period. The national authorities forecast it
to remain broadly constant at slightly above 55.5% of GDP until 2014/2015 (and
decrease in 2016), whereas the Commission, taking account of possible risks to
the consolidation plans and debt decreasing items, expects an increase to around
59% of GDP in 2014. Tax compliance remains a key issue in terms of combating
tax evasion, which also requires reducing the administrative burden on
taxpayers and improving the efficiency of tax administration. To ensure the
success of the fiscal consolidation strategy, it is important that the fiscal
consolidation is backed by comprehensive structural reforms.
(9)       A low share of growth-enhancing
expenditure (education, research and innovation) and declining public
investments hamper long term growth prospects. The health sector in Poland is confronted with limitations in access to care and cost-inefficiencies, while
healthcare spending is expected to grow considerably in the medium to long term
because of an aging society, increasing the burden on public finances. The
system could be improved by strengthening primary care and referral systems and
exploiting the potential for cost-efficiency gains in hospital care.
(10)     The Polish government has
not yet implemented a permanent expenditure rule consistent with the European
System of Accounts (ESA). Poland made also no progress in medium-term planning
and improving coordination among different levels of government when it comes
to the budgetary process.
(11)     Youth unemployment is
growing which is largely the result of the insufficient match between education
outcomes and labour market needs. While implemented reforms of education
systems are meant to address the job-skills mismatch, there is still a need to
increase the availability of apprenticeships and work-based learning, to
strengthen the cooperation between schools and employers and to improve the
quality of teaching. The implementation of a Youth Guarantee, building upon
current efforts, would contribute to support young people into employment. The
proportion of adults participating in lifelong learning remains very low and
the adoption of the lifelong learning strategy is pending.
(12)     With respect to early
childcare, government efforts have concentrated on implementing the ‘Toddler
programme’. As a result, the number of nurseries has almost doubled over the
last two years, but is still extremely low in relative terms and do not satisfy
demand. Poland took only minor steps to address the extensive use of temporary
employment. The country has the third highest share of involuntary fixed-term
employment in the EU, in particular in the age group 15-24. While fixed term
contracts are often argued to be an instrument for the unemployed to enter the
labour market with a view to later move into a permanent contract, this seems
not to be the case for the majority of workers in Poland. Instead, the
extensive use of such contracts appear to have a negative impact on the quality
of human capital and on productivity, as temporary employees tend to have less
access to vocational training. Wage penalty on fixed-term contracts is also
relatively high, leading to one of the highest in-work poverty rates in the EU.
In addition, the use of revolving civil law contracts with significantly
reduced social protection rights is widespread. According to the government
report 'Youth 2011', over 50% of young workers are employed on the basis of
such contracts.
(13)     Poland faces low employment
rates of older workers. Whereas possibilities for early retirement have been
significantly reduced and general pension reform has been carried out, a
special pension scheme for miners remains. In addition, the social security
system for farmers (KRUS) creates incentives for small-scale farmers to remain
in the agricultural sector mainly since individual farmers' incomes are not
accurately traced in the system. This results in hidden unemployment in rural
areas, holding back productivity growth and keeping regional and sectoral
labour mobility at bay.
(14)     Poland is among the EU
countries with the lowest level of R&D expenditure and is one of the worst
performers in broader innovativeness indicators. The overall ratio of R&D
expenditures to GDP in Poland, at 0.77 % in 2011, was among the lowest in
the EU. In particular, private R&D expenditure is low (0.2% of GDP in
2011). Polish enterprises have relied largely on technology absorption, i.e.
application of already existing technologies through fixed capital investment.
While this has been successful in ensuring productivity gains and economic
growth, Poland now needs a transition towards a more indigenous
innovation-based model. Reforms of the science and higher education system
initiated a major restructuring to induce science-industry cooperation. No
evaluation of these reforms is available yet. A more holistic approach is
needed to align efforts in research, innovation and industrial policy and
ensuring that there are adequate instruments supporting the whole innovation
cycle.
(15)     There are still very high potential
gains from improvements in energy efficiency in all sectors of Poland’s economy, in particular by insulating buildings, and such gains could support
growth. The domestic electricity grid is still congested, but plans are
advancing to create more interconnection capacity to neighbouring markets.
Competition in the gas market is still hampered by a number of factors, notably
the phasing out of regulated prices is still to be completed, the incumbent
holding a market share of around 97% in retail and whole sale markets and 90%
of natural gas imports are from Russia.
(16)     Despite some progress, Poland’s underdeveloped transport infrastructure remains a major bottleneck to growth. Major
road infrastructure projects have advanced, but railway investment projects are
still largely delayed. Degraded rail infrastructure requires substantial,
growing investment, since only 36 % of approximately 20 000 km of
rail lines in operation are in good technical condition. Despite recent efforts,
  Poland still lags considerably behind other Member States when it comes to
seizing the growth potential of information and communication technologies
(ICT). Fixed broadband coverage is the lowest in the EU, both at national and
for rural areas. Investment in water networks has remained insufficient.
(17)     Poland’s public
administration performs below the EU average. Key problems include
transparency, the complexity of the tax system and compliance costs, the increasing
average length of proceedings in civil and commercial cases, and long insolvency
proceedings and low recovery rates. The use of eGovernment in the public
administration also remains below the EU average. Poland initiated a reform to
facilitate access to regulated professions that is behind the initially
announced schedule.
(18)     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 socio-economic policy in Poland 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.
(19)     In the light of this
assessment, the Council has examined Poland’s convergence programme, and its
opinion[7]
is reflected in particular in recommendation (1) below,
HEREBY RECOMMENDS that Poland should take action within the period 2013-2014 to:
1.           Reinforce and implement
the budgetary strategy for the year 2013 and beyond, supported by sufficiently
specified measures for both 2013 and 2014, to ensure a timely correction of the
excessive deficit by 2014 in a sustainable manner and the achievement of the
fiscal effort specified in the Council recommendations under the EDP. A durable
correction of the fiscal imbalances requires credible implementation of
ambitious structural reforms, which would increase the adjustment capacity and
boost potential growth and employment. After the correction of the excessive
deficit, pursue the structural adjustment effort that will enable Poland reaching the medium-term objective by 2016. With a view to improving the quality of
public finances minimise cuts in growth-enhancing investment, reassess
expenditure policies improving the targeting of social policies and increasing
the cost effectiveness and efficiency of spending in the healthcare sector. Improve
tax compliance, in particular by increasing the efficiency of the tax
administration.
2.           Ensure the enactment of a
permanent expenditure rule in 2013 consistent with the rules of the European System
of Accounts. Take measures to strengthen annual and medium-term budgetary
coordination mechanisms among different levels of government.
3.           Strengthen efforts to
reduce youth unemployment, for example through a Youth Guarantee, increase the
availability of apprenticeships and work-based learning, strengthen cooperation
between schools and employers and improve the quality of teaching. Adopt the
proposed life-long learning strategy. Combat in-work poverty and labour market
segmentation through better transition from fixed-term to permanent employment
and by reducing the excessive use of civil law contracts.
4.           Continue efforts to
increase female labour market participation, in particular by investing in
affordable quality childcare and pre-school education, by ensuring stable
funding and qualified staff. With a view to improving sectoral labour mobility,
take permanent steps to reform the farmers' social security scheme KRUS. Phase out
the special pension system for miners with a view to integrating them into the general
scheme. Underpin the general pension reform with measures promoting the
employability of older workers to raise exit ages from the labour market.
5.           Take additional measures
to ensure an innovation-friendly business environment by strengthening the
links between research, innovation and industrial policy, by further developing
revolving instruments and tax incentives and by better targeting existing
instruments to the different stages of the innovation cycle.
6.           Renew and extend energy
generation capacity and improve efficiency in the whole energy chain. Speed up
and extend the development of the electricity grid, including cross-border
interconnections, and eliminate obstacles in electricity cross border exchange.
Reinforce competition in the gas sector by phasing out regulated prices.
Strengthen the role and resources of the railway market regulator and ensure
effective implementation of railway investment projects without further delay.
Accelerate efforts to increase broadband coverage. Improve waste and water
management.
7.           Take further steps to
improve the business environment by simplifying contract enforcement and
requirements for construction permits and by reducing tax compliance costs. Adopt
and implement the planned liberalisation of access to professional services.
Done at Brussels,
                                                                       For
the Council
                                                                       The
President
[1]               OJ L 209, 2.8.1997, p. 1.
[2]               COM(2013) 371 final .
[3]               P7_TA(2013)0052 and P7_TA(2013)0053.
[4]               Council Decision 2013/208/EU of 22 April 2013.
[5]               COM(2012) 750 final.
[6]               COM(2012) 751 final.
[7]               Under Article 9(2) of Council Regulation (EC) No
1466/97.


Avis juridique important

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31998H0376

98/376/EC: Council Recommendation of 4 June 1998 on a parking card for people with disabilities

Official Journal L 167 , 12/06/1998 P. 0025 - 0028

COUNCIL RECOMMENDATION of 4 June 1998 on a parking card for people with disabilities (98/376/EC)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 75(1) thereof,Having regard to the proposal for a recommendation submitted by the Commission,Having regard to the opinion of the Economic and Social Committee (1),Having regard to the opinion of the Committee of the Regions (2),Acting in accordance with the procedure laid down in Article 189c of the Treaty (3),(1) Whereas the reciprocal recognition of a parking card for people with disabilities based on a standardised Community model was advocated by the Commission in its communication on a medium term social action programme (1995-97), forwarded to the Council, the European Parliament, the Economic and Social Committee and the Committee of the Regions on 12 April 1995, and also on its report of 26 November 1993 to the Council on the measures to be taken in the Community regarding the accessibility of transport to persons with reduced mobility;(2) Whereas, in the spirit of the resolution of the Council and of the representatives of the Governments of the Member States meeting within the Council of 20 December 1996 on equality of opportunity for people with disabilities, all people with disabilities should be entitled to additional concrete measures aimed at improving their occupational and social integration;(3) Whereas a mode of transport other than public transport constitutes, for many people with disabilities, the only means of getting about independently for purposes of occupational and social integration; whereas, in certain circumstances and with due regard to road safety, it is only right that people with disabilities should be enabled, by means of a parking card for such people, to park as near to their destination as possible; whereas people with disabilities should thus have the opportunity to avail themselves of the facilities provided by the said parking card throughout the Community in accordance with the national rules applying in the country in which they happen to be;(4) Whereas, in view of the fact that parking cards for people with disabilities may come within the remit of regional and local authorities, the Committee of the Regions should be consulted;(5) Whereas, in accordance with the principle of subsidiarity, Community action is appropriate to promote the understanding and mutual recognition of parking cards for people with disabilities and to facilitate freedom of movement for people with disabilities;(6) Whereas it is desirable that there should be a Community-model parking card, recognised mutually by the Member States, for people with disabilities;(7) Whereas the definition of disability and the rules for assigning parking cards to persons with disabilities are the responsibility of the Member States;(8) Whereas Member States should introduce certain security features to prevent forgery or counterfeiting of the parking card;(9) Whereas the European Conference of Ministers of Transport (ECMT) has already adopted a resolution encouraging the provision and reciprocal recognition of parking cards for people with disabilities (ECMT resolution of 22 April 1997);(10) Whereas full information should be provided to card holders on the conditions for using the card in the Member States,Hereby RECOMMENDS Member States to:1. introduce a parking card for people with disabilities, issued to them in accordance with the respective national provisions, on the basis of the standardised Community model described in the Annex, which may be used in parallel with the parking cards issued in the Member States, according to the terms laid down in paragraph 5;2. recognise, as from 1 January 1999, the parking cards for people with disabilities introduced by each Member State in accordance with the standardised Community model, so that card holders may benefit from the associated parking facilities available in the Member State in which they happen to be;3. grant the parking card to people whose disability leads to reduced mobility;4. provide, on the basis of a technical fact sheet prepared by the Commission, an overview of the conditions of use in the different Member States of the European Union when issuing a parking card to people with disabilities and at the request of the persons concerned;5. take the necessary steps to ensure that standardised Community model parkings cards for people with disabilities are available by 1 January 2000 at the latest;This recommendation notwithstanding, models existing in Member States before 1 January 2000 may continue to be used on the territory of such Member States beyond that date until their replacement;6. inform the Commission, before 1 July 2000, of the action take pursuant to this Recommendation.Done at Luxembourg, 4 June 1998.For the CouncilThe PresidentD. BLUNKETT(1) OJ C 174, 17. 6. 1996, p. 27.(2) OJ C 42, 10. 2. 1997, p. 27.(3) Opinion of the European Parliament of 13 December 1996 (OJ C 20, 20. 1. 1997, p. 386), Council common position of 19 December 1997 (OJ C 62, 26. 2. 1998, p. 4) and Decision of the European Parliament of 30 March 1998 (OJ C 138, 4. 5. 1998).ANNEX Provisions on the Community-model parking card for people with disabilities A. The overall dimensions of the Community-model parking card for people with disabilities shall be:- height: 106 mm,- width: 148 mm.B. The colour of the parking card shall be light blue, except for the white wheelchair-user symbol, which shall have a dark blue background.C. The parking card for people with disabilities shall be plastic-coated, with the exception of the space reserved for the holder's signature on the left-hand side of the reverse.D. The parking card for people with disabilities shall be divided vertically into two parts on both the front and reverse.The left-hand side of the front shall contain:- the wheel-chair user symbol in white on a dark blue background,- the date of expiry of the parking card,- the serial number of the parking card,- the name and stamp of the issuing authority/organisation;The right-hand side of the front shall contain:- in capital letters, the words 'Parking card for people with disabilities` in the language(s) of the Member State issuing the card; after a suitable space, the words 'Parking card` shall appear in small type in the other languages of the European Union,- the words 'European Communities' model` in the language(s) of the Member State issuing the card,- as background, the distinguishing code of the Member State issuing the parking card, as follows:>TABLE>surrounded by the ring of 12 stars symbolising the European Union.The left-hand side of the reverse shall contain:1. the holder's surname;2. the holder's forename(s);3. the holder's signature or other authorised mark, if allowed under national legislation;4. the holder's photograph.The right-hand side of the reverse shall contain:1. the statement:'This card entitles the holder to the special local parking facilities available in the Member State concerned`;2. the statement:'When in use, the card is to be displayed at the front of the vehicle in such a way that the front of the card is clearly visible for checking purposes`.E. With the exception of the right-hand side of the front, entries shall be shown in the language(s) of the Member State issuing the parking card.If a Member State wishes to make the entries in a national language other than one of the following: Danish, Dutch, English, Finnish, French, German, Greek, Italian Portuguese, Spanish, Swedish, it shall draw up a bilingual version of the card using one of the aforementioned languages, without prejudice to the other provisions of this Annex.


title: Council Recommendation of 14 July 2015 on the 2015 National Reform Programme of Spain and delivering a Council opinion on the 2015 Stability Programme of Spain

text:
               18.8.2015

               EN

               Official Journal of the European Union

               C 272/46

         COUNCIL RECOMMENDATION
   of 14 July 2015
   on the 2015 National Reform Programme of Spain and delivering a Council opinion on the 2015 Stability Programme of Spain
   (2015/C 272/13)
   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 2011 on the prevention and correction of macroeconomic imbalances (2), and in particular Article 6(1) thereof,
   Having regard to the recommendation of the European Commission,
   Having regard to the resolutions of the European Parliament,
   Having regard to the conclusions of the European Council,
   Having regard to the opinion of the Employment Committee,
   Having regard to the opinion of the Economic and Financial Committee,
   Having regard to the opinion of the Social Protection Committee,
   Having regard to the opinion of the Economic Policy Committee,
   Whereas:

               (1)

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

               (2)

               On 14 July 2015, the Council, on the basis of the Commission's proposals, adopted a Recommendation on the broad guidelines for the economic policies of the Member States and the Union and, on 21 October 2010, it adopted a decision on guidelines for the employment policies of the Member States (3). Together these form the ‘integrated guidelines’ which Member States were invited to take into account in their national economic and employment policies.

               (3)

               On 8 July 2014, the Council adopted a Recommendation (4) on Spain's National Reform Programme for 2014 and delivered its opinion on Spain's updated Stability Programme for 2014. On 28 November 2014, in line with Regulation (EU) No 473/2013 of the European Parliament and of the Council (5), the Commission presented its opinion on Spain's draft budgetary plan for 2015.

               (4)

               On 28 November 2014, the Commission adopted the Annual Growth Survey, marking the start of the 2015 European Semester for economic policy coordination. On the same day, on the basis of Regulation (EU) No 1176/2011, the Commission adopted the Alert Mechanism Report, in which Spain was identified as one of the Member States for which an in-depth review would be carried out.

               (5)

               On 18 December 2014, the European Council endorsed the priorities for fostering investment, intensifying structural reforms and pursuing responsible growth-friendly fiscal consolidation.

               (6)

               On 26 February 2015, the Commission published its 2015 country report for Spain. This assessed Spain's progress in addressing the country-specific recommendations adopted on 8 July 2014. The country report also includes the results of the in-depth review under Article 5 of Regulation (EU) No 1176/2011. The Commission's analysis leads it to conclude that Spain is experiencing macroeconomic imbalances which require decisive policy action and specific monitoring. In particular, despite some improvement in current account rebalancing and the significant deleveraging effort in recent years, risks related to the high levels of private- and public-sector indebtedness and the highly negative net international investment position continue to merit close attention in a context of very high unemployment. The need for action to reduce the risk of adverse effects on the Spanish economy and, given its size, of negative spillover effects affecting the economic and monetary union, is particularly important.

               (7)

               On 30 April 2015, Spain submitted its 2015 National Reform Programme and its 2015 Stability Programme. In order to take account of their interlinkages, the two programmes have been assessed at the same time.

               (8)

               Spain is currently in the corrective arm of the Stability and Growth Pact. In its 2015 Stability Programme, the Government plans to reach the EDP headline deficit targets of 4,2 % of GDP in 2015 and 2,8 % of GDP in 2016. The Government plans to reach the medium-term objective of a balanced budgetary position in structural terms in 2019. According to the Stability Programme, the government debt-to-GDP ratio is expected to peak in 2015 at 98,9 % and to gradually decline to 93,2 % in 2018. The macroeconomic scenario underpinning these budgetary projections is plausible for 2015 and favourable thereafter. Based on the Commission's 2015 spring forecast, a deficit of 4,5 % and 3,5 % of GDP is foreseen for 2015 and 2016, respectively. Hence, there is a risk that the headline deficit targets for 2015 and 2016 may not be reached. Moreover, the projected fiscal effort by Spain over 2013-2016 is expected to be below the recommended level, and further structural measures will be needed in 2015 and 2016. Based on its assessment of the Stability Programme and taking into account the Commission's 2015 spring forecast, the Council is of the opinion that there is a risk that Spain will not comply with the provisions of the Stability and Growth Pact. Spain made some progress on eliminating public-sector commercial arrears. In 2014, Spain also made some progress on identifying proposals to rationalise healthcare, education, and social spending at regional level, although these were not finally adopted. However, legislation to introduce a spending rule on pharmaceutical and healthcare regional spending was adopted on 28 May 2015.

               (9)

               Implementation of the preventive, corrective and enforcement measures contained in the Organic Law on Budget Stability and Financial Sustainability is progressing slowly. Cost-effectiveness in the healthcare sector has improved, but it remains essential to keep the growth of pharmaceutical expenditure under control and, specifically, to monitor pharmaceutical expenditure in hospitals. The deficit in the electricity system has been effectively eliminated as of 2014 and the problem of insolvent toll motorways has been addressed, thus reducing costs for the State. Spain has not, however, put in place a system for conducting independent assessments of major future infrastructure projects. Lastly, while the availability of budget execution data has increased considerably, there is room for improvement at regional level by ensuring observance of the stability law's principle on transparency and multi-annuality, convergence of public accounting rules and a proper use of extra-budgetary accounts.

               (10)

               Some progress was made in the area of taxation, with a comprehensive tax reform being introduced to make the tax system simpler and more conducive to growth and job creation. A tax reform was adopted on 20 November 2014, to enter into force in January 2015, and covers personal and corporate income taxation. Some progress was also made with regard to the fight against tax evasion, but limited progress was seen in the area of environmental taxation. The restructuring of the Spanish banking sector, and in particular of banks having received State aid, is progressing well. At the same time, recent measures to promote access to non-bank financing have — at least to some extent — improved access to finance for firms, especially in view of the high level of dependence of Spanish firms on credit from banks. Full implementation of these reforms is crucial for facilitating the reallocation of resources and supporting the ongoing adjustment. Some progress was made in removing the remaining bottlenecks in the system for handling corporate insolvencies and a Royal Decree-Law on personal insolvency was adopted on 27 February 2015. However, further improvements to the administrative and judicial capacity for handling insolvency cases remain necessary.

               (11)

               High long-term unemployment and labour market segmentation continue to hamper productivity growth and have a damaging effect on working conditions in Spain. In this regard, and given the very high unemployment rate, wages for some sectors and companies in the short term may need to grow below productivity in order to create jobs and achieve further gains in competitiveness. The social partners have reached a comprehensive inter-professional pre-agreement for 2015-2017. This pre-agreement states the importance of establishing, through sectoral and company negotiations, the principle that wages should move in line with inter-firm productivity differentials. Despite regulatory reforms, the proportion of the workforce in temporary employment remains high and particularly affects young people and the low-skilled. Moreover, the new types of contract introduced for SME employees and the incentives to encourage employers to take on staff on an open-ended basis appear not yet to be used to full potential. The Spanish authorities announced that an assessment of the subsidies offered to employers for recruiting new staff would be carried out by May 2016.
               The performance of the public employment service, and of the agencies to which services have been outsourced, is crucial for ensuring the effectiveness and adequate targeting of active labour market and activation policies, including effective re-training to allow people to move into sectors where more jobs are being created. Spain has made limited progress in accelerating the modernisation of public employment services and addressing regional disparities.

               (12)

               Youth unemployment in Spain remains very high (at over 50 %) and the early school leaving rate is one of the highest in the Union. Spain is implementing the new educational schemes introduced by Law No 8/2013 on the quality of education, designed to increase the quality of primary and secondary education. Limited progress was made in increasing the labour-market relevance of vocational education and training, and the efforts to improve cooperation between higher education institutions and employers are behind schedule. There are plans to extend the dual vocational training scheme in 2015, but there continue to be considerable differences in its implementation across the regions. A dedicated committee has been set up to examine the relevance of education and training curricula to labour market needs.

               (13)

               Spain made limited progress on improving the effectiveness of its social protection system. It has established a new activation programme for the long-term unemployed, combining income support and assistance in looking for work. Limited coordination between the employment and social services, and the incompatibility of the different minimum income schemes have, however, reduced the effectiveness of the social assistance programmes. Facing high levels of poverty, especially among low-income households with children, Spain made limited progress in improving the targeting of family support schemes and care services.

               (14)

               Structural reforms need to include removing the obstacles preventing businesses from growing, helping SMEs in expanding their markets and promoting innovation, boosting export capacity, stimulating job creation, and helping companies to compete more efficiently — including in internal markets — and improve overall productivity. Spain has begun to examine the reasons behind the high proportion of small and micro enterprises in its economy. Studying the reasons why businesses have remained small will allow the Government to remove regulatory obstacles preventing firms from growing. Although some progress was made in implementing Law No 20/2013 on market unity, there are still delays at regional government level. The law on the regulation of environmental permits has not yet been implemented by all regions. No progress has been made with regard to the adoption of the reform of professional services and professional associations. Structural weaknesses in its research and innovation system continue to limit Spain's growth potential. It therefore remains essential to identify new sources of funding, ensure effective and efficient use of resources, set up the new research agency and promote measures to make the business environment more innovation-friendly.

               (15)

               Some progress was made in relation to the rail network, with measures being taken to ensure effective competition in freight and passenger rail services. On 4 July 2014, the Council of Ministers adopted Royal Decree-Law 8/2014, creating a fund to improve the land accessibility of seaports.

               (16)

               Spain made progress in implementing the recommendations of the committee for the reform of public administration at all levels of government. Important steps were taken to improve the transparency of administrative decisions, but no progress was made in strengthening supervisory systems, in particular in public procurement at regional and local level. No measures have been taken to strengthen supervisory powers in public procurement and urban planning. Limited progress was made with regard to the adoption of judicial reforms aimed at improving the effectiveness of the justice system: draft laws on the judiciary and on civil procedure, which include some reforms, were submitted to Parliament on 27 February 2015; draft bills on legal aid and on voluntary jurisdiction are subject to parliamentary procedure. Some progress was made in implementing the reforms that have been adopted, including the Oficina Judicial, the reform introducing the digitisation of justice and improving the interoperability of regions' electronic case management systems. Efforts need to be continued in this area.

               (17)

               In the context of the European Semester, the Commission has carried out a comprehensive analysis of Spain's economic policy and published it in the 2015 country report. It has also assessed the Stability Programme and the National Reform Programme and the follow-up given to the recommendations addressed to Spain in previous years. It has taken into account not only their relevance for sustainable fiscal and socioeconomic policy in Spain but also their compliance with EU rules and guidance, given the need to strengthen the overall economic governance of the Union by providing EU-level input into future national decisions. The recommendations under the European Semester are reflected in recommendations (1) to (4) below.

               (18)

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

               (19)

               In the light of the Commission's in-depth review and this assessment, the Council has examined the National Reform Programme and the Stability Programme. The recommendations under Article 6 of Regulation (EU) No 1176/2011 are reflected in recommendations (1) to (4) below.

               (20)

               In the context of the European Semester, the Commission has also carried out an analysis of the economic policy of the euro area as a whole. On the basis of this analysis, the Council has issued specific recommendations addressed to the Member States whose currency is the euro (7). As a country whose currency is the euro, Spain should also ensure the full and timely implementation of these recommendations,

         HEREBY RECOMMENDS that Spain take action in 2015 and 2016 to:

               1.

               Ensure a durable correction of the excessive deficit by 2016 by taking the necessary structural measures in 2015 and 2016 and using windfall gains to accelerate the deficit and debt reduction. Strengthen transparency and accountability of regional public finances. Improve the cost-effectiveness of the healthcare sector, and rationalise hospital pharmaceutical spending.

               2.

               Complete the reform of the savings bank sector, including by means of legislative measures, and complete the restructuring and privatisation of state-owned savings banks.

               3.

               Promote the alignment of wages and productivity, in consultation with the social partners and in accordance with national practices, taking into account differences in skills and local labour market conditions as well as divergences in economic performance across regions, sectors and companies. Take steps to increase the quality and effectiveness of job search assistance and counselling, including as part of tackling youth unemployment. Streamline minimum income and family support schemes and foster regional mobility.

               4.

               Remove the barriers preventing businesses from growing, including barriers arising from size-contingent regulations; adopt the planned reform on professional services; accelerate the implementation of the law on market unity.

      Done at Brussels, 14 July 2015.

            For the Council

            The President

         P. GRAMEGNA

      (1)  OJ L 209, 2.8.1997, p. 1.

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

      (3)  Maintained by Council Decision 2014/322/EU of 6 May 2014 on guidelines for the employment policies of the Member States for 2014 (OJ L 165, 4.6.2014, p. 49).

      (4)  Council Recommendation of 8 July 2014 on the National Reform Programme 2014 of Spain and delivering a Council opinion on the Stability Programme of Spain, 2014 (OJ C 247, 29.7.2014, p. 35).

      (5)  Regulation (EU) No 473/2013 of the European Parliament and of the Council of 21 May 2013 on common provisions for monitoring and assessing draft budgetary plans and ensuring the correction of excessive deficit of the Member States in the euro area (OJ L 140, 27.5.2013, p. 11).

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

      (7)  OJ C 272, 18.8.2015, p. 98.


title: Council Recommendation of 12 July 2011 on the National Reform Programme 2011 of Finland and delivering a Council opinion on the updated Stability Programme of Finland, 2011-2014

text:
               22.7.2011

               EN

               Official Journal of the European Union

               C 216/3

         COUNCIL RECOMMENDATION
   of 12 July 2011
   on the National Reform Programme 2011 of Finland and delivering a Council opinion on the updated Stability Programme of Finland, 2011-2014
   2011/C 216/02
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Articles 121(2) and 148(4) thereof,
   Having regard to Council Regulation (EC) No 1466/97 of 7 July 1997 on the strengthening of the surveillance of budgetary positions and the surveillance and coordination of economic policies (1), and in particular Article 5(3) thereof,
   Having regard to the recommendation of the European Commission,
   Having regard to the conclusions of the European Council,
   Having regard to the opinion of the Employment Committee,
   After consulting the Economic and Financial Committee,
   Whereas:

               (1)

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

               (2)

               On 13 July 2010, the Council adopted a recommendation on the broad guidelines for the economic policies of the Member States and the Union (2010 to 2014) and, on 21 October 2010, adopted a decision on guidelines for the employment policies of the Member States (2), which together form the ‘integrated guidelines’. Member States were invited to take the integrated guidelines into account in their national economic and employment policies.

               (3)

               On 12 January 2011, the Commission adopted the first Annual Growth Survey, marking the start of a new cycle of economic governance in the EU and the first European semester of ex-ante and integrated policy coordination, which is anchored in the Europe 2020 strategy.

               (4)

               On 25 March 2011, the European Council endorsed the priorities for fiscal consolidation and structural reform (in line with the Council's conclusions of 15 February and 7 March 2011 and further to the Commission's Annual Growth Survey). It underscored the need to give priority to restoring sound budgets and fiscal sustainability, reducing unemployment through labour market reforms and making new efforts to enhance growth. It requested Member States to translate these priorities into concrete measures to be included in their Stability or Convergence Programmes and National Reform Programmes.

               (5)

               On 25 March 2011, the European Council also invited the Member States participating in the Euro Plus Pact to present their commitments in time to be included in their Stability or Convergence Programmes and their National Reform Programmes.

               (6)

               On 6 April 2011, Finland submitted its 2011 Stability Programme update covering the period 2011-2014 and its 2011 National Reform Programme. In order to take account of the interlinkages, the two programmes have been assessed at the same time.

               (7)

               At the trough of the global economic crisis, Finland experienced a very steep fall in GDP, given that the Finnish economy has traditionally been reliant on the export performance of its main industries. In 2009, GDP contracted by 8,2 %, driven by an exceptionally steep fall in exports (20 % fall in volume) and related adverse confidence effects on investment. The unemployment rate increased by about 2 percentage points, rising from 6,4 % of the labour force in 2008 to 8,3 % in 2010. The economic recovery has been strong, with GDP expanding by 3,1 % in 2010, sustained by both domestic demand and a rebound in exports. After a brief dip in 2009, real-estate prices and housing construction volumes rebounded rapidly to above the pre-crisis levels, raising some concern about excessive expansion of the real-estate market. Finland emerged from the economic crisis with a general government deficit at 2,5 % of GDP in 2010 and debt at 48,5 % of GDP.

               (8)

               Based on the assessment of the updated Stability Programme pursuant to Regulation (EC) No 1466/97, the Council is of the opinion that the macroeconomic scenario underlying the Stability Programme is plausible for 2011-2012, but slightly too favourable thereafter. For 2011-2012, the macroeconomic scenario is in line with the Commission services spring forecast. For 2013-2015, the Stability Programme projects growth of about 2 % of GDP, which is slightly above the potential growth estimate of 1,5 % and could therefore be subject to some downside risks. The objective of the budgetary strategy is to bring the deficit down to 0,9 % of GDP in 2011 and 0,7 % in 2012, reflecting the cyclical improvement in the economy and some consolidation measures already decided by the previous government. However, the Stability Programme update does not plan any further fiscal consolidation over 2013-2015. Risks to the budgetary targets appear to be balanced. The most notable risk factor stems from the global macroeconomic environment, which has traditionally had a strong impact on the export-reliant Finnish economy.

               (9)

               The latest Stability Programme update does not envisage making use of the forecast improvement in economic conditions for budgetary consolidation in the medium-term. While the medium-term objective (MTO), set by the Finnish authorities of a structural surplus of 0,5 % of GDP, is projected to be achieved in 2011, in the following years, the structural balance is set to fall below the target.

               (10)

               According to the Commission's latest assessment, the risks with regard to long-term sustainability of public finances appear to be medium. While actions to counter the effects of population ageing has been one of the priorities of successive Finnish governments, the country faces a strong and immediate demographic shift and a notable sustainability gap still exists in public finances. This challenge has implications for many policy areas. Population ageing will lead to a significant rise in demand for ageing-related services, which are mostly provided by local governments in Finland. Various studies have found that productivity improvement in public services has been poor over the past few years. The Finnish authorities have already implemented several reforms to restructure public services and boost productivity at both central and local government level. The relatively large investments in information technology in the public sector have not yet shown up in productivity improvements, implying that structural and administrative changes are needed to accompany investments. Overall, there is still room for additional measures to achieve productivity gains and cost savings in public service provision.

               (11)

               The current increase in long-term unemployment is a cause for concern. Between 2005 and 2008, long-term unemployment fell substantially, but it began to rise again in 2009. At the end of March 2011, the number of long-term unemployed stood at 57 400, up 12 400 on the previous year. Many of the long-term unemployed are currently in the 55-64 age group. Due to retirement patterns, the greatest increase in unemployment will be among 45-54 year-olds. Although the long-term unemployment rate in Finland is below the EU average, the issue should be looked at in the context of securing labour supply in the future and social inclusion. Experience shows that long-term unemployment, in particular, increases the risk of poverty and social exclusion. Although the Finnish authorities recognise the increase in long-term unemployment as a pressing issue, so far no comprehensive strategy has been designed to combat it. Finland expanded its active labour market policy (ALMP) measures efficiently during the crisis to fight youth unemployment. While this helped to reduce youth unemployment over 2010-2011, it still remains above the EU average, and may warrant new measures. In the same way, reinforcement and better targeting of ALMP measures would help to reverse the negative trend in long-term unemployment.

               (12)

               In view of demographic changes, raising the employment rate of older workers is important for public finances and crucial to meet the demand for labour in the future. The Finnish pension system was reformed in 2005 and pension benefits were linked to a life-expectancy coefficient in 2009. However, the statutory pension age is currently not linked to life expectancy. Given the continuing increase in life expectancy, such a link would not only contribute to labour supply but also help to ensure adequate pensions. Early retirement schemes have been reduced over the last few years, but there is still some room for further measures to enhance employment incentives among the elderly. For example, the extended unemployment benefit for the elderly functions broadly in the same way as the abolished unemployment pension. Despite improvements over the last decade, employment rates of older workers and the effective exit age are too low. Disability is very often the cause of early retirement. Increasing the effective retirement age requires measures that also take into account the quality of working life, including the well-being and health of employees. This is important in particular in view of the high number of people on disability pensions. Since 2009, Finland has spent about EUR 21 million on projects to improve the working environment. The impact of these initiatives merits assessment. Participation in lifelong learning has traditionally been very high in Finland and will continue to be important given emerging new skills requirements and demographic changes.

               (13)

               Greater competition, particularly in the services sector, has become increasingly relevant for boosting productivity and enhancing potential economic growth. Finland's remote location and sparse population density weakens business competition, resulting in relatively low productivity growth in non-tradable sectors. Existing business structures are occasionally highly concentrated, particularly in the food industry or wholesale and retail trade. This might contribute to the relatively high consumer price level, although long transport distances could also play a role. Retail prices are among the highest in the EU. Competition in the retail trade continues to be partly hindered by regulations, despite some recent loosening, and by barriers to foreign and domestic enterprises entering and exiting the market.

               (14)

               Specific commitments under the Euro Plus Pact are not explicitly set out in Finland's Stability and National Reform Programmes but are expected to be submitted once the new government has been formed.

               (15)

               The Commission has assessed the Stability Programme and National Reform Programme, taking into account not only their relevance for sustainable fiscal and socio-economic policy in Finland but also their conformity with EU rules and guidance, given the need to reinforce the overall economic governance of the EU. It considers that consolidation measures should be specified for the medium-term and that further action is needed to improve the sustainability of public finances, including by boosting public sector productivity. Further action is also needed to increase incentives to work and to raise the effective exit age from the labour market, as well as to enhance productivity and competition in the service sector markets.

               (16)

               In light of this assessment, also taking into account the Council Recommendation under Article 126(7) Treaty on the Functioning of the European Union of 2 June 2010, the Council has examined the 2011 update of the Stability Programme of Finland and its opinion (3) is reflected in particular in its recommendations (1) and (2) below. Taking into account the European Council conclusions of 25 March 2011, the Council has examined the National Reform Programme of Finland,

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

               1.

               Continue the fiscal consolidation using any windfall revenue to reduce the deficit, while taking additional measures to maintain the fiscal position above the medium-term objective, in particular through compliance with the medium-term expenditure benchmark.

               2.

               Take further measures to achieve productivity gains and cost savings in public service provision, including structural changes, in order to respond to the challenges arising from population ageing.

               3.

               Target active labour market measures better on the long-term unemployed and young people.

               4.

               Take measures to improve the employability of older workers and their participation in lifelong learning. Take further steps, in consultation with social partners and in accordance with national practices, to encourage older workers to stay in the labour market, by measures to reduce early exit and increase the effective retirement age. In view of the already existing system of linking pension benefits to life expectancy, consider a link between the statutory retirement age and life expectancy.

               5.

               Take further measures to open up further the service sector, by redesigning the regulatory framework and removing restrictions in order to facilitate new entry into service sector markets, especially in the retail sector.

      Done at Brussels, 12 July 2011.

            For the Council

            The President

         J. VINCENT-ROSTOWSKI

      (1)  OJ L 209, 2.8.1997, p. 1.

      (2)  Maintained for 2011 by Council Decision 2011/308/EU of 19 May 2011 on guidelines for the employment policies of the Member States (OJ L 138, 26.5.2011, p. 56).

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


title: Commission Recommendation (EU) 2016/22 of 7 January 2016 on the prevention and reduction of ethyl carbamate contamination in stone fruit spirits and stone fruit marc spirits, repealing Recommendation 2010/133/EU (Text with EEA relevance)

text:
               9.1.2016

               EN

               Official Journal of the European Union

               L 6/8

         COMMISSION RECOMMENDATION (EU) 2016/22
   of 7 January 2016
   on the prevention and reduction of ethyl carbamate contamination in stone fruit spirits and stone fruit marc spirits, repealing Recommendation 2010/133/EU
   (Text with EEA relevance)
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 292 thereof,
   Whereas:

               (1)

               The Scientific Panel on Contaminants in the Food Chain of the European Food Safety Authority (EFSA) adopted on 20 September 2007 a scientific opinion on ethyl carbamate and hydrocyanic acid in food and beverages (1). The Panel concluded that ethyl carbamate in alcoholic beverages indicates a health concern, particularly with respect to stone fruit brandies, and recommended taking mitigation measures to reduce the levels of ethyl carbamate in these beverages. As hydrocyanic acid is an important precursor of ethyl carbamate formation in stone fruit spirits and stone fruit marc spirits, the Panel concluded that such measures should include focus on hydrocyanic acid and other precursors of ethyl carbamate, to prevent the formation of ethyl carbamate during the shelf-life of these products.

               (2)

               Maximum contents of hydrocyanic acid in stone fruit spirits and stone fruit marc spirits have been laid down in Regulation (EC) No 110/2008 of the European Parliament and of the Council (2). This Regulation stipulates that the maximum hydrocyanic acid content in stone fruit spirits and stone fruit marc spirits shall be 7 grams per hectolitre of 100 % vol. alcohol (70 mg/l).

               (3)

               Regulation (EC) No 1334/2008 of the European Parliament and of the Council (3) establishes a maximum level of hydrocyanic acid of 35 mg/kg in alcoholic beverages. This maximum level applies without prejudice to Regulation (EC) No 110/2008.

               (4)

               Commission Recommendation 2010/133/EU (4) provided for a Code of Practice on the prevention and reduction of ethyl carbamate contamination in stone fruit spirits and stone fruit marc spirits and recommended the Member States to take the necessary measures to ensure that this Code is implemented by all concerned food business operators. Furthermore it had to be ensured that all the appropriate measures were taken to achieve levels of ethyl carbamate in stone fruit spirits and stone fruit marc spirits as low as possible with the aim to achieve the level of 1 mg/l as a target. It was furthermore recommended to monitor the levels of ethyl carbamate in stone fruit spirits and stone fruit marc spirits during the years 2010, 2011 and 2012 in order to assess the effects of the Code of Practice.

               (5)

               These monitoring results were reported in the EFSA technical report ‘Evaluation of monitoring data on levels of ethyl carbamate in the years 2010-2012 (5)’, adopted on 28 March 2014. The report provides an overview of ethyl carbamate levels in ‘Spirits made from stone fruits’ and ‘Spirits made from fruits other than stone fruits’ across the three sampling years 2010-2012. Overall, in the 2010-2012 ethyl carbamate dataset more than 80 % of the analytical results in ‘Spirits made from stone fruits’ and more than 95 % of the analytical results in ‘Spirits made from fruits other than stone fruits’ were below the target value of 1 mg/l. The mean occurrence in the same food groups was also below the target (roughly two-thirds of the target for ‘Spirits made from stone fruits’ and one-third of the target for ‘Spirits made from fruits other than stone fruits’).

               (6)

               It is appropriate to maintain the Code of Practice, with the target level for ethyl carbamate of 1 mg/l but to update the Code with experiences gained and to align it on certain aspects with the Codex Code of Practice on ethyl carbamate contamination in stone fruit distillates, adopted in 2011 (CAC/RCP 70-2011),

         HAS ADOPTED THIS RECOMMENDATION:
   It is recommended that the Member States:

               (1)

               take the necessary measures to ensure that the ‘Code of Practice on the prevention and reduction of ethyl carbamate contamination in stone fruit spirits and stone fruit marc spirits’ as described in the Annex to this Recommendation, is implemented by all operators involved in the production, packaging, transport, holding and storage of stone fruit spirits and stone fruit marc spirits;

               (2)

               ensure that all the appropriate measures are taken to achieve levels of ethyl carbamate in stone fruit spirits and stone fruit marc spirits as low as possible with the aim to achieve the level of 1 mg/l as a target.

         Recommendation 2010/133/EU is repealed.

      Done at Brussels, 7 January 2016.

            For the Commission

         Vytenis ANDRIUKAITIS

            Member of the Commission

      (1)  Opinion of the Scientific Panel on Contaminants in the Food Chain on a request from the European Commission on ethyl carbamate and hydrocyanic acid in food and beverages, The EFSA Journal (2007) Journal number, 551, 1-44. http://www.efsa.europa.eu/en/scdocs/doc/Contam_ej551_ethyl_carbamate_en_rev.1,3.pdf

      (2)  Regulation (EC) No 110/2008 of the European Parliament and of the Council of 15 January 2008 on the definition, description, presentation, labelling and the protection of geographical indications of spirit drinks and repealing Council Regulation (EEC) No 1576/89 (OJ L 39, 13.2.2008, p. 16).

      (3)  Regulation (EC) No 1334/2008 of the European Parliament and of the Council of 16 December 2008 on flavourings and certain food ingredients with flavouring properties for use in and on foods and amending Council Regulation (EEC) No 1601/91, Regulations (EC) No 2232/96 and (EC) No 110/2008 and Directive 2000/13/EC (OJ L 354, 31.12.2008, p. 34).

      (4)  Commission Recommendation 2010/133/EU of 2 March 2010 on the prevention and reduction of ethyl carbamate contamination in stone fruit spirits and stone fruit marc spirits and on the monitoring of ethyl carbamate levels in these beverages (OJ L 52, 3.3.2010, p. 53).

      (5)  European Food Safety Authority, 2014; Evaluation of monitoring data on levels of ethyl carbamate in the years 2010-2012. EFSA supporting publication 2014:EN-578. 22 pp. Available on: http://www.efsa.europa.eu/en/supporting/doc/578e.pdf

      ANNEX
      INTRODUCTION

                  1.

                  Ethyl carbamate is a compound that occurs naturally in fermented foods and alcoholic beverages such as bread, yoghurt, soy sauce, wine, beer, and particularly in stone fruit spirits and stone fruit marc spirits, mainly those made from cherries, plums, mirabelles and apricots.

                  2.

                  Ethyl carbamate can be formed from various substances inherent in food and beverages, including hydrogen cyanide (or hydrocyanic acid), urea, citrulline, and other N-carbamyl compounds. Cyanate is probably the ultimate precursor in most cases, reacting with ethanol to form ethyl carbamate.

                  3.

                  In stone fruit distillates (stone fruit spirits and stone fruit marc spirits) ethyl carbamate can be formed from cyanogenic glycosides that are natural constituents of the stones. When mashing the fruit, the stones may be broken and cyanogenic glycosides from the stones may come into contact with enzymes in the fruit mash. Cyanogenic glycosides are then degraded to hydrocyanic acid/cyanides. Hydrocyanic acid may also be released from intact stones during a longer storage of the fermented mash. During the distillation process hydrocyanic acid may be enriched in all fractions. Under influence of light cyanide is oxidised to cyanate reacting with ethanol to form ethyl carbamate. Once the reaction has been triggered, it cannot be stopped. Certain environmental conditions such as exposure to light, high temperatures and the presence of copper ions promote the formation of ethyl carbamate in the distillate.

                  4.

                  A major reduction in the concentration of ethyl carbamate could be achieved using two different approaches: first, by reducing the concentration of the main precursor substances; second, by reducing the tendency of these substances to react to form cyanate. The main influencing factors are the concentration of precursors (e.g. hydrocyanic acid and cyanides) and storage conditions, such as light exposure and temperature.

                  5.

                  Although no strong correlation between the level of hydrocyanic acid and ethyl carbamate has been established so far, it is evident that under certain conditions high concentrations of hydrocyanic acid lead to higher levels of ethyl carbamate. A potential increase in ethyl carbamate formation has been associated with levels at or above 1 mg/l hydrocyanic acid in the final distillate (1)
                      (2). Based on practical experiences, it can be assumed that from 1 mg of hydrocyanic acid up to 0,4 mg ethyl carbamate can be formed in a non-equimolar relationship.

                  6.

                  Part I gives details of the production process. Part II contains specific recommendations based on Good Manufacturing Practices (GMP).

            I.   DESCRIPTION OF THE PRODUCTION PROCESS

                  7.

                  The production process for fruit spirits and fruit marc spirits involves mashing and fermentation of the whole fruit, followed by distillation. The process typically follows the steps listed below:

                              —

                              crushing the whole ripe fruit,

                              —

                              fermenting the mash in stainless steel tanks or other suitable fermentation vessels,

                              —

                              transferring the fermented mash into the distillation device, often a copper pot,

                              —

                              heating the fermented mash by a suitable heating method in order to slowly boil off the alcohol,

                              —

                              cooling the alcohol vapour in an appropriate (e. g. stainless steel) column where it condenses and is collected,

                              —

                              separation of three different fractions of alcohol: ‘heads’, ‘hearts’ and ‘tails’.

                  8.

                  During distillation, the heads boil off first. They can usually be recognised by their solvent or lacquer aromas. This fraction is generally unsuitable for consumption and should be discarded.

                  9.

                  During the middle distillation run (the ‘hearts’), the principal alcohol in all spirits, ethyl alcohol (ethanol), is distilled. This part of the distilling run, where the content of volatiles other than ethanol is lowest and the purest fruit aromas are found, is always collected.

                  10.

                  The ‘tails’ of the distillation include acetic acid and fusel oils, which are often identified by unpleasant vinegary and vegetal aromas. They are also discarded, but they may be re-distilled because some ethanol is invariably included with the tails.

            II.   RECOMMENDED PRACTICES BASED ON GOOD MANUFACTURING PRACTICES (GMP)

         Raw materials and preparation of fruit mash

                  11.

                  The raw materials and preparation of the fruit mash should be suitable to avoid the release of hydrocyanic acid, a precursor of ethyl carbamate.

                  12.

                  The stone fruits should be of high quality, not mechanically damaged and not microbiologically spoiled, as damaged and spoiled fruit may contain more free cyanide.

                  13.

                  The fruit should preferably be de-stoned.

                  14.

                  If the fruits are not de-stoned, they should be mashed gently to avoid crushing the stones. If possible, stones should be removed from the mash.

         Fermentation

                  15.

                  Selected yeast strains for alcohol production should be added to the mashed fruits, according to the instructions for users.

                  16.

                  Mashed fermented fruits should be handled with high standards of hygiene, and exposure to light should be minimised. The fermented fruit mash containing stones should be stored as short as possible before distillation since hydrocyanic acid may also be released from intact stones during longer storage of the mash.

         Distillation equipment

                  17.

                  Distillation equipment and the distillation process should be suitable, to ensure that hydrocyanic acid is not transferred into the distillate.

                  18.

                  The distillation equipment should include automatic rinsing devices and copper catalytic converters. The automatic rinsing devices will keep the stills cleaned while the copper catalytic converters will bind hydrocyanic acid before it passes into the distillate.

                  19.

                  Automatic rinsing devices are not necessary in the case of discontinuous distillation. The distillation equipment should be cleaned by systematic and thorough cleaning procedures.

                  20.

                  In certain cases, when no copper catalytic converters or other dedicated cyanide separators are used, copper agents should be added to the fermented fruit mash before distillation. The purpose of the copper agents is to bind hydrocyanic acid. Copper agents are sold at specialised shops and should be used very carefully according to the manufacturer's instructions. These preparations contain copper (I) ions binding hydrocyanic acid. Copper (II) ions are without effect and should not be used.

                  21.

                  While copper ions can inhibit formation of ethyl carbamate precursors in the mash and in the still, they can promote formation of ethyl carbamate in the distillate. Therefore, use of a stainless steel condenser at the end of the distillation device rather than a copper condenser will limit presence of copper in the distillate and reduce the rate of ethyl carbamate formation.

         Distillation process

                  22.

                  Stones settled in the fermented mash should not be pumped into the distillation device.

                  23.

                  Distillation should be carried out in such a way that alcohol is boiled off slowly (e.g. by using steam instead of a direct flame as the heating source).

                  24.

                  The first fractions of the distillate, called ‘heads’, should be separated carefully.

                  25.

                  The middle fraction, called ‘hearts’, should then be collected and should be stored in the dark. When the alcohol content reaches 50 % vol. in the receiver, collection should be switched to the ‘tails’, so that any ethyl carbamate that may have been formed is separated in the tail fraction.

                  26.

                  The separated tails, possibly containing ethyl carbamate, should be collected and if they are used for re-distilling, they should be re-distilled separately. However, for reduction of ethyl carbamate concentration it is preferable to discard the tail.

         Checks on the distillate, re-distillation and storage

         Hydrocyanic acid:

                  27.

                  The distillates should be regularly checked for their levels of hydrocyanic acid. The determination should be carried out by appropriate tests, either by kits for rapid testing of the hydrocyanic acid levels, or, alternatively, by a specialist laboratory.

                  28.

                  If the concentration of hydrocyanic acid in the distillate exceeds a level of 1 mg/l, re-distillation with catalytic converters or copper agents (cf. points 18 and 20) is recommended, where appropriate.

                  29.

                  Distillates with hydrocyanic acid levels close to 1 mg/l should ideally also be re-distilled or, where this is not possible, be stored in lightproof bottles or covering boxes with storage times as short as possible and not at higher temperatures in order to avoid ethyl carbamate formation during storage.

         Ethyl carbamate:

                  30.

                  Testing of ethyl carbamate is recommended for distillates in which the compound may already have been formed (e.g. distillates with unknown history of production, higher levels of cyanide, storage at light or at high temperatures). The level of ethyl carbamate can only be tested by a specialist laboratory.

                  31.

                  If the distillate shows an ethyl carbamate concentration exceeding the target level of 1 mg/l, the distillate should be re-distilled, where appropriate.

         (1)  Christoph, N., Bauer-Christoph C., Maßnahmen zur Reduzierung des Ethylcarbamatgehaltes bei der Herstellung von Steinobstbränden (I), Kleinbrennerei 1998; 11: 9-13.

         (2)  Christoph, N., Bauer-Christoph C., Maßnahmen zur Reduzierung des Ethylcarbamatgehaltes bei der Herstellung von Steinobstbränden (II), Kleinbrennerei 1999; 1: 5-13.


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31978K1616

Commission Recommendation No 1616/78/ECSC of 10 July 1978 amending Recommendation 77/330/ECSC establishing Community surveillance in respect of the importation into the Community of certain iron and steel products covered by the TREATY establishing the European COAL and Steel Community, originating in third countries

Official Journal L 189 , 12/07/1978 P. 0012 - 0013

****( 1 ) OJ NO L 209 , 17 . 8 . 1977 , P . 18 .  ( 2 ) OJ NO L 126 , 13 . 5 . 1978 , P . 5 .  ( 3 ) OJ NO L 114 , 5 . 5 . 1977 , P . 15 .  ( 4 ) OJ NO L 352 , 31 . 12 . 1977 , P . 15 .  ( 5 ) OJ NO L 73 , 15 . 3 . 1978 , P . 37 .    COMMISSION RECOMMENDATION NO 1616/78/ECSC   OF 10 JULY 1978   AMENDING RECOMMENDATION 77/330/ECSC ESTABLISHING COMMUNITY SURVEILLANCE IN RESPECT OF THE IMPORTATION INTO THE COMMUNITY OF CERTAIN IRON AND STEEL PRODUCTS COVERED BY THE TREATY ESTABLISHING THE EUROPEAN COAL AND STEEL COMMUNITY , ORIGINATING IN THIRD COUNTRIES   THE COMMISSION OF THE EUROPEAN   COMMUNITIES ,   HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN COAL AND STEEL COMMUNITY , AND IN PARTICULAR ARTICLE 74 ( 3 ) THEREOF ,   WHEREAS RECOMMENDATION 77/518/ECSC OF 28 JULY 1977 ( 1 ), AND RECOMMENDATION NO 962/78/ECSC OF 12 MAY 1978 ( 2 ), EXTENDED THE COMMUNITY SURVEILLANCE OF IMPORTS ESTABLISHED BY RECOMMENDATION 77/330/ECSC OF 15 APRIL 1977 ( 3 ), TO COVER CERTAIN OTHER IRON AND STEEL PRODUCTS COVERED BY THE ECSC TREATY IN ORDER TO FOLLOW THEIR DEVELOPMENT AND TO ENSURE THAT SUCH IMPORTS AND THE CONDITIONS UNDER WHICH THEY ARE EFFECTED DO NOT SERIOUSLY THREATEN COMMUNITY PRODUCTION ;   WHEREAS COMMUNITY SURVEILLANCE SHOULD BE EXTENDED FOR THE SAME REASONS TO COVER CERTAIN ALLOY STEEL PRODUCTS OF THE IRON AND STEEL INDUSTRY ;   WHEREAS RECOMMENDATION 77/808/ECSC OF 23 DECEMBER 1977 ( 4 ), AND RECOMMENDATION 78/282/ECSC OF 9 MARCH 1978 ( 5 ), PROVIDED THAT THE INFORMATION ENTERED ON THE APPLICATION BY THE IMPORTER SHOULD INCLUDE INTER ALIA THE DELIVERED PRICE FREE-AT-DESTINATION ; WHEREAS IT IS NECESSARY , IN ORDER TO CHECK THIS INFORMATION MORE STRICTLY , THAT THE SAID APPLICATION SHOULD GIVE CERTAIN ADDITIONAL DETAILS ;   WHEREAS IT IS NECESSARY TO KNOW THE VOLUME OF IMPORTS INTENDED FOR PROCESSING UNDER CONTRACT AND SUBSEQUENT RE-EXPORT TO THE THIRD COUNTRY OF ORIGIN , AND THE APPLICATION BY THE IMPORTER SHOULD THEREFORE INDICATE THE PRODUCTS CONCERNED ,   MAKES THE FOLLOWING RECOMMENDATION :   ARTICLE 1   THE FOLLOWING PRODUCTS SHALL BE ADDED TO THE LIST OF PRODUCTS ANNEXED TO RECOMMENDATION 77/330/ECSC , AS AMENDED BY RECOMMENDATIONS 77/518/ECSC AND NO 962/78/ECSC :   //   // CCT HEADING NO  //  DESCRIPTION  //  // 73.15 B V B ) 1 //  ALLOYED WIRE ROD // 73.15 B VII A ) 2 //  OTHER ' ELECTRICAL '  SHEETS AND PLATES // 73.15 B VII B ) 1 //  OTHER ALLOYED SHEETS AND PLATES , NOT FURTHER WORKED THAN HOT-ROLLED //   ARTICLE 2   ARTICLE 2 OF RECOMMENDATION 77/330/ECSC , AS LAST AMENDED BY RECOMMENDATION 78/282/ECSC , IS HEREBY AMENDED AS FOLLOWS :   1 . SUBPARAGRAPH ( H ) SHALL READ AS FOLLOWS :   ' ( H )  IN THE CASE OF PRODUCTS ORIGINATING IN THE COUNTRIES LISTED IN THE ANNEX AND OF CONCRETE REINFORCEMENT BARS FALLING WITHIN SUBHEADING EX 73.10 A II OF THE COMMON CUSTOMS TARIFF , ORIGINATING IN SWITZERLAND : THE EFFECTIVE PRICE FREE-AT-DESTINATION PER TONNE ; THE ECSC PRODUCERS ' LIST PRICE SELECTED FOR CALCULATING THE DELIVERED PRICE OR THE THIRD COUNTRY OFFER ON WHICH ALIGNMENT HAS BEEN AUTHORIZED ;   EXTRAS FOR SIZE AND/OR QUALITY , PER TONNE .   WHERE APPLICABLE :   OTHER EXTRAS ( TO BE SPECIFIED );   ANY REBATES PER TONNE ( REASONS TO BE GIVEN ); '   2 . THE FOLLOWING SUBPARAGRAPH ( J ) SHALL BE ADDED :   ' ( J ) WHERE APPLICABLE WHETHER THE PRODUCTS IN QUESTION , WHATEVER THEIR ORIGINS ARE , ARE INTENDED FOR PROCESSING UNDER CONTRACT AND SUBSEQUENT RE-EXPORT TO THE THIRD COUNTRY OF ORIGIN . '   ARTICLE 3   THIS RECOMMENDATION SHALL BE NOTIFIED TO THE MEMBER STATES AND PUBLISHED IN THE OFFICIAL JOURNAL OF THE EUROPEAN COMMUNITIES .   IT SHALL ENTER INTO FORCE ON 15 JULY 1978 .   DONE AT BRUSSELS , 10 JULY 1978 .   FOR THE COMMISSION   ETIENNE DAVIGNON   MEMBER OF THE COMMISSION


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31974H0390

74/390/EEC: Commission Recommendation of 17 July 1974 requesting the Member States, with the exception of the Italian Republic, to take special measures in respect of VAT on consumer sales of beef and veal

Official Journal L 206 , 27/07/1974 P. 0049 - 0049

COMMISSION RECOMMENDATION  of 17 July 1974  requesting the Member States, with the exception of the Italian Republic, to take special measures in respect of VAT on consumer sales of beef and veal  (74/390/EEC)  THE COMMISSION OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Article 155 thereof;  Whereas large stocks of beef and veal have been built up in the Community as the result of intervention buying on the market ; whereas the situation is likely to deteriorate during the coming months, as animals are removed from pasture;  Whereas, in view of the price-elasticity of demand for beef and veal, an adequate means of increasing consumption would be to introduce a measure reducing consumer prices;  Whereas, under the Second Council Directive of 11 April 1967 (1) on the approximation of the laws of the Member States concerning turnover taxes the Member States remain free to introduce reduced rates inasmuch as these meet the conditions laid down in Article 9 (2) of the said Directive;  Whereas the objectives set out above could be achieved if the Member States make use of this freedom in respect of the sale of beef and veal at the final marketing stage ; whereas, in view of the measures taken in Italy in order to restore the general economic situation of that country, it is not advisable to provide for similar fiscal measures in that Member State;  RECOMMENDS THAT THE MEMBER STATES, WITH THE EXCEPTION OF ITALY:     1. Apply, in the manner specified in Article 9 (2) of the Council Directive of 11 April 1967 on the approximation of the laws of the Member States on turnover taxes, reduced rates of value added tax in respect of supplies of beef and veal (subheadings 02.01 A II a) and 02.06 C I a) of the Common Customs Tariff) by taxable persons to non-taxable persons.       2. Take the necessary steps to ensure that the effect of measures taken pursuant to paragraph 1 is reflected in full in consumer prices.       3. Inform consumers by appropriate means, of the measures taken by them pursuant to this recommendation and of the consequences thereof.       4. Notify the Commission of the measures taken by them pursuant to this recommendation.   Done at Brussels, 17 July 1974.  For the Commission  The President  François-Xavier ORTOLI  (1)OJ No 71.14.4.1967, p. 1303/67.