Avis juridique important

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32003H0579

Council Recommendation of 22 July 2003 on the implementation of Member States' employment policies

Official Journal L 197 , 05/08/2003 P. 0022 - 0030

Council Recommendationof 22 July 2003on the implementation of Member States' employment policies(2003/579/EC)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 128(4) thereof,Having regard to the Commission recommendation,Having regard to the opinion of the Employment Committee,Whereas:(1) The Lisbon European Council on 23 and 24 March 2000 set a new strategic goal for the European Union to become the most competitive and dynamic knowledge-based economy in the world capable of sustainable economic growth with more and better jobs and greater social cohesion. To this end the Council agreed overall employment targets and employment targets for women, for 2010.(2) The Barcelona European Council of 15 and 16 March 2002 called for a strengthening of the European Employment Strategy through a reinforced, simplified and better-governed process fully integrated into the Lisbon strategy. The Barcelona European Council also requested a streamlining of policy coordination processes, with synchronised calendars for the adoption of the broad economic policy guidelines and the employment guidelines.(3) The Council agreement on streamlining of 3 December 2002 considered that streamlining should be guided by the objective to increase transparency and efficiency, avoid overlap and repetitions in the formulation of guidelines, and ensure consistency, complementarity and coherence.(4) The spring European Council held on 20 and 21 March 2003 in Brussels confirmed that the Employment Strategy has the leading role in the implementation of the employment and labour market objectives of the Lisbon strategy, and urged Member States to maintain the momentum of reform of national labour markets.(5) The Council adopted the guidelines for the employment policies of the Member States by Decision 2003/578/EC(1).(6) The joint employment report adopted by the Commission and the Council on 6 March 2003 describes key challenges for employment policy in each Member State and indicates priorities for action which will enhance the contribution of each Member State towards the achievement of the overall objectives of the employment guidelines.(7) Sound macroeconomic policies and comprehensive economic reforms are crucial for job creation. Member States should therefore implement this recommendation in a way that is consistent with the broad economic policy guidelines,HEREBY RECOMMENDS that the Member States should take the actions set out in the Annex.Done at Brussels, 22 July 2003.For the CouncilThe PresidentG. Alemanno(1) See page 13 of this Official Journal.ANNEXBELGIUMThe challenges posed by an ageing population suggest a need for measures aimed at mobilising the non-occupied potential labour force, thereby increasing employment and participation rates. Despite the positive evolution in recent years, employment rates in Belgium remain markedly below the EU average and far from the EU targets, especially for older workers, for which the employment rate is the lowest in the EU. It is unlikely that measures taken so far to promote a more active ageing will suffice to reach the EU target by 2010. Although long-term unemployment has decreased in recent years and is now below the EU average, it remains a structural problem. The inflows into long-term unemployment remain high and an appropriate preventive approach for all adult jobseekers is still not provided. Notwithstanding recent measures to remove unemployment traps, the risk of benefit dependency calls for a further review of the benefit system, while at the same time strengthening the attractiveness of work. Moreover, wage moderation accompanied by the reduction of taxes and social security contributions continue to be priority axes for improving the competitive position and thus creating employment. Furthermore, the persistent regional and subregional disparities in labour market performance reflects not only differences in economic performance, but also inadequate geographical labour mobility, and initiatives in this area remain of limited scope.Belgium should therefore:Prevention and activation1. strengthen measures to reduce inflows into long-term unemployment by improving the coverage of unemployed adults by the preventative approach;Labour supply and active ageing2. develop and implement a comprehensive strategy to increase the employment rate, in particular for older workers and women, based on appropriate targets; take further preventative measures and remove incentives to early withdrawal of workers from work;Making work pay3. implement the planned multiannual reduction of the tax and non-tax burden on labour so as to encourage employees to take up work and employers to create new jobs, in combination with a further review of the benefit system in order to remove unemployment traps;Regional disparities4. take concerted action to increase labour mobility between regions and further improve the coordination and integration of labour market policies.DENMARKEmployment rates in Denmark are already well above the EU targets, including for women and older workers. However, in view of the ageing of the labour force, Denmark needs to ensure an adequate labour supply, in order to safeguard growth potential and the sustainability of the social protection system. Recent reforms have raised the average effective retirement age, but care still needs to be taken in certain sectors, particularly in the health, education and social sector, where there is over-representation of employees aged over 50. Other sources of potential labour supply include immigrants already living in Denmark, whose participation should be encouraged. Reforms have been undertaken to reduce the overall fiscal pressure on labour, but further reforms would be needed to ensure labour force participation in the long term, in particular by reducing the still relatively high marginal tax rates and by providing incentives to postpone early retirement.Denmark should therefore:Labour supply and active ageing1. strengthen efforts to sustain the availability of labour in the long term, in particular by promoting the participation of older workers and by preventing bottlenecks in sectors with an ageing workforce;People at a disadvantage2. further strengthen the labour market integration of immigrants by ensuring the right balance between increasing economic incentives and avoiding social exclusion;Making work pay3. continue the reforms to reduce the high marginal tax rates and the overall fiscal pressure on labour, in particular on low and medium income earners and assess their impact.GERMANYThe overall employment rate in Germany is close to the EU target of 67 % for 2005. The employment rate for women already exceeds the intermediate EU target of 57 % for 2005, whereas for older workers it remains below the low starting level of 1997, due to the low participation in the 60 to 64 age bracket. However, labour market participation of women is still negatively influenced by the continuing lack of care facilities and gender pay gaps, particularly in the private sector. The expected deterioration of the unemployment situation in 2003 calls for efficient preventive and active labour market policies. The combined effect of taxation, social security contributions and benefit withdrawal may create disincentives to work, particularly for low wage earners. The latter group has therefore been targeted by recent reforms. The education system also constitutes an important element for tackling unemployment because the low skilled make up a large share of the unemployed. A large job deficit remains, notably in the new Länder, with a risk of further increasing regional disparities on the labour market. The degree of regulation may inhibit job creation, and requires a comprehensive review, including of labour market institutions which govern wage formation.Germany should therefore:Prevention and activation1. improve the efficiency of job search assistance and active labour market programmes by improved targeting and tailoring; labour market policies should continue to pay special attention to the New Länder;Address change and promote adaptability2. support job creation by a systematic review and removal of regulatory barriers which may hamper the development of employment in services and industry; promote a more adaptable work organisation and create a regulatory framework favourable to both employment creation and productivity, inter alia, by a consistent and prompt implementation of the labour law reform announced in March 2003 by the Federal Government;Lifelong learning3. further develop and implement an overall lifelong learning strategy, addressing all levels of the educational system, with special attention to increasing participation in continuing training, in particular of older workers, and low qualified and SME workers;Gender equality4. strengthen action to address gender specific disadvantages in the labour market and in particular to assess the impact of labour income taxation on women's employment and encourage the social partners to take their responsibility to considerably reduce the gender pay gap; promote the availability of childcare facilities and improve their correspondence with working hours and school schedules;Making work pay5. continue the reform of the tax and social benefit system, thereby ensuring sufficient incentives to take up work. At the same time, enforce the legal obligation of active job search as a condition for receipt of benefits.GREECEGreece's overall employment rate is considerably below the targets set by the European Council, in particular for women. The comparatively low employment rates are partly due to the low incidence of part-time employment in Greece. Unemployment fell for a third consecutive year in 2002 but is still above the EU average, with the unemployment rate for women more than double the rates for men. The reform of the public employment service, which is essential to address the high level of long-term unemployment, is still delayed. In order to increase labour productivity, which suffers inter alia from the low levels of skills, the systems for initial and continuous training need to be better integrated. Despite recent reforms, the complexity of the tax system and the high social security contributions remain important obstacles to hiring and to reducing undeclared work. Moreover, reforms aimed to promote flexible forms of employment have had limited impact.Greece should therefore:Address change and promote adaptability1. implement fully and in close cooperation with the social partners the labour market reform package, with a view to improving access to part-time work and supporting the adaptability of workers and enterprises while ensuring the balance between flexibility and security on the labour market;Lifelong learning2. complete and implement the comprehensive lifelong learning strategy, building on coordination initiated between education and vocational training and employment systems. Take measures to increase the levels of educational attainment and the participation of adults in education and training;Gender equality3. take effective actions to narrow the high gender gaps in terms of employment and unemployment rate, and continue efforts to increase care facilities for children and other dependants;Making work pay4. simplify the tax system and reduce social security contributions, in particular for the low paid, while offering greater incentives for part-time employment. Implement an adequate policy mix to reduce substantially undeclared work, including by the reduction of taxation on low-paid labour and increased incentives for the transformation of undeclared work into regular work;Delivery services5. complete the reform of the public employment services and fully implement the preventative and individualised approach, in particular for women and young people; further upgrade statistical monitoring systems.SPAINNotwithstanding the great efforts and progress made in recent years, the unemployment rate remains significantly above the EU average, while the employment rate remains below the EU average. The reduction in unemployment has been greater for women than for men, but the female unemployment rate is still more than double that of men. Other features of the Spanish labour market remain almost unchanged: the slow improvement of productivity, the high share of fixed-term contracts and the low use of part-time contracts, which are still much less widespread than in other Member States. Moreover, employment creation in the different Autonomous Communities has not succeeded in closing the large existing gaps among regions as regards unemployment rates. Geographic labour mobility is limited, partly on account of structural obstacles, notably the poor functioning of the housing market. In this context, it is important to complete the modernisation of the public employment service and to increase coordination between regional employment services.Spain should therefore:Address change and promote adaptability1. improve, in consultation with the social partners, work organisation and the participation in lifelong learning with a view to strengthen productivity and quality at work. Revise the regulatory framework, putting emphasis on reducing the high share of fixed-term contracts and increasing the use of part-time contracts;Gender equality2. take effective action to increase the overall employment rate and to close gender gaps in employment and unemployment. Improve the provision of care facilities for children and other dependants;Regional disparities3. improve the conditions conducive to employment creation in regions lagging behind and eliminate obstacles to geographic labour mobility. This should include reinforcing the coordination between the different regional employment services with a view to reducing regional disparities in employment and unemployment;Delivery services4. complete the modernisation of the public employment services so as to improve its efficiency and to increase its capability to mediate in the labour market. These efforts should include the completion of the statistical monitoring system.FRANCEFrance still has a relatively low overall employment rate and a very low employment rate for older workers (among the lowest in the EU). In the context of an ageing population, the challenge is therefore to encourage labour force participation, in particular for older workers. Despite the implementation of active and preventative policies, the level of structural unemployment remains high in certain parts of the country, and there is a continuing mismatch between labour supply and demand, posing recruitment problems in certain sectors. In this context, the number of young people leaving school without a qualification is particularly problematic. Finally, despite its potential to play an important role in several fields, the social dialogue suffers from certain weaknesses.France should therefore:Prevention and activation1. pursue and develop measures to prevent unemployment by strengthening a personalised approach for the unemployed and by ensuring effective job search incentives and coordination of the various employment services. To this effect, ensure that the new unemployment insurance system is accompanied by appropriate requirements and effective job search incentives;Lifelong learning2. pursue a comprehensive lifelong learning strategy, which accounts for the needs of initial training and encourages access to training for less qualified employees, in particular in SMEs;Labour supply and active ageing3. implement a coherent policy to appreciably increase the participation in the labour market of older workers, in particular by offering incentives to remain active, strengthened access to training, and a reform of the early retirement systems;Social partnership4. stimulate and strengthen the social dialogue, in particular to address issues connected with active ageing and lifelong learning.IRELANDIreland is making steady progress towards achieving the Stockholm and Lisbon employment targets. However the sharp slowdown in economic growth and the recent increase in the unemployment rate present a major challenge. Female participation in the labour force has significantly improved, but there is still a significant gap between employment rates for women and men, as well as a high gender pay gap. This is exacerbated by difficulties in the supply and affordability of childcare. Although progress has been made, disparities continue to exist between the two regions, in terms of equal access to the labour market and of economic activity. A strategic framework for lifelong learning has not yet been implemented and the development of in-company training, in particular for older workers is still awaited.Ireland should therefore:Job creation1. take further comprehensive action to address regional imbalances in employment, unemployment and job creation, including through assistance from the Community Structural Funds;Lifelong learning2. increase in-company training and expedite the implementation of a coherent lifelong learning strategy, with overall targets. Promote the active involvement of the social partners in pursuing these objectives;Gender equality3. strengthen efforts to mobilise and integrate into the labour market economically inactive people, in particular women, by continuing to remove tax barriers, increasing the number of affordable childcare places and addressing the factors underlying the gender pay gap.ITALYDespite improvements in recent years, there remains an important gap between the employment rates in Italy and the Community average, especially for women and older workers, and national targets have been set in accordance. There continues to be a large regional gap, with the north recording high rates and almost full employment on one side and the south characterised by low rates and high unemployment on the other. While past reforms have contributed to increase employment and to reduce the level of unemployment in both parts of the country, the relative distance has remained virtually unchanged. The effectiveness of the implementation of an adequate policy mix to reduce substantially undeclared work has been mixed and below the expectations. Whilst flexible contracts have been introduced over the last five years, the Italian labour market continues to suffer from unequal job protection. On the other hand, the system of unemployment benefits and social assistance is still very limited in Italy. Initiatives aiming at labour market flexibility and security, inter alia the introduction of new labour contracts and the liberalisation of employment services, were taken by the Government at the beginning of 2003. However, long-standing plans such as the reform of the public employment service and the lifelong learning strategy are lagging behind.Italy should therefore:Job creation1. take further comprehensive action to address regional imbalances in employment, unemployment and job creation with an effective use of all means of action, including the assistance from the Community Structural Funds. Further strengthen the policy mix to substantially reduce undeclared work, notably by inviting the social partners to raise their level of commitment and by increasing the incentives for the transformation of undeclared work into regular work;Address change and promote adaptability2. implement, where appropriate in consultation with the social partners, measures to increase labour market flexibility and modernise work organisation, while promoting the synergy between flexibility and security and avoiding marginalisation of disadvantaged persons;Lifelong learning3. take action to implement the lifelong learning strategy, in particular by increasing the continuous training offer through agreements with the social partners;Labour supply and active ageing4. take action to raise the employment rate of older workers in accordance with the national target, in particular by increasing, in consultation with the social partners, the effective exit age and by widening the offer of continuous training opportunities. Take action to increase the employment rate of women, in particular by increasing the supply of flexible work arrangements and of care facilities for children and other dependants;Delivery services5. improve the functioning of the market for employment services by implementing a national computerised labour market data system available for all the operators, while at the same time improving the delivery capacity of the employment services to provide active and preventative measures to the unemployed.LUXEMBOURGLabour force participation in Luxembourg is below the EU average, in particular for older workers. Employment growth has been possible thanks to cross-border workers and increased participation of women, while virtually no progress has been achieved regarding the employment rate of older workers despite some measures undertaken with the aim of increasing incentives to remain active. Mobilising part of the unutilised national employment potential is of great importance to enhance labour supply and thus provide impetus to growth. Incentives to remain active could be improved by further reforms of early retirement and pre-retirement schemes. Also the effects of the latest revisions in the disability pension scheme should be closely monitored. There is a risk that the progress achieved in raising the female employment rate could let up in a less dynamic labour market. The transition of young people without vocational qualifications into the labour market remains a major difficulty as well. In relation to these aspects (young people, women and older workers) and important aspects of quality in work (lifelong learning, gender pay gaps), Luxembourg has not yet established an appropriate follow-up to verify the impact of the measures and reforms decided on since the first national action plan for employment (NAP).Luxembourg should therefore:Lifelong learning1. ensure effective implementation of the framework law on continuous training through developing, with strong involvement of the social partners, a coherent lifelong learning strategy. Combat early school leaving and undertake a revision of the overall learning system with a view to achieving better coherence between the education and training sectors;Labour supply and active ageing2. further strengthen action aimed at significantly increasing labour market participation rates amongst older workers by reviewing the early retirement pension scheme and by closely monitoring the effects of the latest revisions in the disability pension scheme;Gender equality3. continue efforts aimed at increasing labour market participation rates amongst women, by improving services to facilitate a better reconciliation of work and private life, by encouraging their return to work after long periods outside the labour market and by adopting measures to promote gender equality particularly by addressing factors underlying the gender pay gap.THE NETHERLANDSDespite the recent rise in unemployment, the Netherlands continue to score well above the overall employment rate target set by the European Council. Although the female employment rate exceeds the EU target, the gender pay gap is still comparatively high. Further improvement of employment rates will depend on continued growth of female employment, and on a stronger activation of older persons and minorities, as well as on mobilising the unutilised labour potential. In this context, the high number of people on disability benefits is a matter of concern and unemployment traps in the social benefit schemes continue to create disincentives for people to take up work. The persistence of unfilled vacancies due to skill gaps points to an insufficient ability of lifelong learning policies to bridge the gap between labour supply and demand. With unemployment on the increase, this may add to the risk of job loss among the low skilled workers.The Netherlands should therefore:Lifelong learning1. target, in close cooperation with the social partners, lifelong learning policies to the demands of the labour market in order to tackle inactivity and to prevent low skilled workers from drifting out of the labour market;Gender equality2. further develop, together with the Social Partners, a strategy for addressing the factors underlying the gender pay gap;Making work pay3. improve the transparency of the benefit system by an increased use of tax-based measures instead of subsidies and by a better coordination of national and local income support. Ensure that the disability scheme addresses both the need to contain the inflow into the scheme and to activate those who already receive benefits.AUSTRIAThe employment rate targets set by the Lisbon and Stockholm European Councils have already been largely met by Austria with the exception of the employment rate for older workers. This situation is also reflected in the fact that the average exit age on the labour market is very low. The unemployment rates started to increase from mid 2001, notably for young persons, but continue to be of the lowest in the EU. Structural changes on the labour market, the adaptability of the workforce and the removal of skill mismatches remain a constant challenge. Although the female employment rate is already very high, the gender pay gaps and the lack of childcare facilities constitute important weaknesses.Austria should therefore:Lifelong learning1. continue to implement a comprehensive strategy for the development of lifelong learning, underpinned by the necessary mobilisation of all actors involved and including relevant targets on financial resources and participation;Labour supply and active ageing2. develop, together with the Social Partners, an action plan, based on relevant targets, for increasing the employment of older workers, notably older women, and the effective exit age;Gender equality3. develop, together with the Social Partners, a strategy, based on relevant targets, for addressing the factors underlying the gender pay gap, and enhance action to offer more childcare facilities; assess the impact of the present childcare allowance scheme on the quality and quantity of female employment.PORTUGALGeneral economic indicators have deteriorated since 2001, and unemployment has increased significantly in 2002. However, progress towards the EU-wide targets has been positive since 1997 and the employment rate is already above the 67 % target for 2005. However, labour productivity in Portugal is the lowest in the EU and is growing slowly. The average level of educational attainment of both the adult population and the younger age groups continues to be low. Although Portugal has substantially increased spending on education in recent years, the share of early school leavers without upper-secondary education and not in training is by far the highest in the EU. In spite of recent progress, the levels of vocational training are significantly below the EU average. It has been particularly difficult to involve the large number of small and micro companies in the national programmes designed to upgrade the skills of their staff and increase worker qualification levels. Although the employment rate for women is above the Community average, important gender imbalances persist in terms of sectoral distribution and pay gaps in the private sector. Important agreements have been signed recently between the social partners and the Government, but their implementation will require a strong involvement of the signatories.Portugal should therefore:Lifelong learning1. pursue the implementation of the national lifelong learning strategy; improve the education system to reduce the high level of early school leavers and ensure the supply of skilled labour, and implement targets for education and training of workers in enterprises;Gender equality2. pursue efforts to reconcile work and private life, in particular by extending care facilities for children and other dependants. Take action to promote a better gender balance at sectoral level and address the factors underlying the gender pay gap in the private sector;Social partnership3. building on existing agreements between the Government and the Social Partners, strengthen Social Partnership in the areas of wage policy and productivity, adaptability, work organisation and quality at work.FINLANDFinland exceeds the EU-wide overall and female employment targets for 2005 set by the European Council, as well as the Lisbon target for the female employment rate to be reached by 2010. Finland is one of the Member States most exposed to the effects of ageing population. Thus an increase in the employment rate and in the labour supply will require that older workers remain longer in the labour market. The overall unemployment rate remains above the EU average, with high structural unemployment. The coexistence of high unemployment in some regions with difficulties in recruiting indicates that there is still room for further improving the effectiveness of active labour market programmes in addressing the mismatch between supply and demand of labour. Although measures have been taken to reduce the high tax burden on labour, the reform of tax and benefit schemes still deserves attention, especially with regard to low-paid labour. National sources indicate also a high gender pay gap, which can only be partially explained by gender segregation across sectors.Finland should therefore:Prevention and activation1. improve further the effectiveness of active labour market programmes with a view to combating structural unemployment and reducing regional disparities;Labour supply and active ageing2. strengthen efforts to sustain the availability of labour in the long term. In particular, continue action to increase the effective exit age in line with the national strategy for active ageing, and encourage participation in the labour market by further reforming tax and benefit schemes, notably by targeted tax measures for low-paid labour;Gender equality3. strengthen efforts, in the context of gender mainstreaming to address the factors underlying the gender pay gap and gender segregation.SWEDENThe Swedish labour market is characterised by very high employment rates, including among older workers and women, and all the EU-wide targets have already been exceeded. However, in view of the ageing population, there will be a need to sustain labour supply by exploiting potential sources of labour among immigrants, the young and the long-term sick. Early retirement and the rapid increase in long-term sickness deserve particular attention in order to sustain an adequate labour supply. Despite the ongoing tax reform, the tax burden on labour is still the highest in the EU. Benefit schemes are relatively generous in an international perspective and include tight eligibility criteria. However, further efforts appear necessary to improve incentives to work.Sweden should therefore:Labour supply and active ageing1. strengthen efforts to sustain labour supply in the long term by fully exploiting all potential sources of labour, in particular through an increased participation of immigrants;2. reduce the numbers of people on long-term sick leave by improving conditions of work, and adapting the regulatory framework to promote an effective reintegration into the labour market;Making work pay3. pursue the reforms of tax and benefit systems to improve work incentives, in particular for those groups for which the interplay between taxes and benefits has the most negative impact upon labour supply, and complete the tax reform on labour income.UNITED KINGDOMThe United Kingdom exceeds the EU-wide overall employment rate target set by the European Council, including the targets for women and for older workers. However, high employment rates are associated with relatively low levels of productivity in part due to insufficient levels of basic skills, and specific job quality-related problems like the gender pay gap and lack of access to training for some categories of workers. These challenges constitute a concrete agenda for further developing social partnership at all levels. In addition, the continuous rise in the number of working-age people claiming sickness and disability benefits may constitute a constraint for a further increase in labour supply. Although the overall unemployment rate remains well below the EU average, there are significant disparities in terms of access to the labour market, with a concentration of economic inactivity and long-term unemployment in certain communities and amongst particularly disadvantaged persons (lone parents, households with no one in work, certain ethnic minorities, male older workers, disabled people and the low skilled). This calls for strengthened and well targeted active labour market policies.The United Kingdom should therefore:Prevention and activation1. implement active labour market policies leading to sustainable integration in the labour market in order to alleviate the high concentration of unemployment and inactivity in certain communities. Special attention should be paid to people facing particular problems in the labour market and at risk of becoming long-term unemployed, working poor or inactive;Labour supply and active ageing2. ensure that all those who are able to work have the opportunities and incentives to do so, in particular by modernising sickness and disability benefit schemes;Gender equality3. strengthen efforts to address the underlying factors of the gender pay gap, in particular by improving the gender balance across occupations and sectors, and increasing access to training for low-paid women part-time workers. Further improve the provision of affordable care services for children and other dependants;Social partnership4. further develop social partnership at all levels to help improve productivity and quality in work, in particular by addressing low levels of basic skills and skills gaps amongst the workforce.


title: Recommendation of the EFTA surveillance authority No 55/04/COL of 30 March 2004 concerning a coordinated monitoring programme for 2004 to ensure compliance with maximum levels of pesticide residues in and on cereals and certain other products of plant origin

text:
               2.6.2005

               EN

               Official Journal of the European Union

               L 139/20

      RECOMMENDATION OF THE EFTA SURVEILLANCE AUTHORITY

   No 55/04/COL
   of 30 March 2004
   concerning a coordinated monitoring programme for 2004 to ensure compliance with maximum levels of pesticide residues in and on cereals and certain other products of plant origin
   THE EFTA SURVEILLANCE AUTHORITY,
   Having regard to the Agreement on the European Economic Area (EEA), and in particular Article 109 and Protocol 1 thereof,
   Having regard to the Agreement between the EFTA States on the establishment of a Surveillance Authority and a Court of Justice, and in particular Article 5(2)(b) and Protocol 1 thereof,
   Having regard to the Act referred to at point 38 of Chapter XII of Annex II to the EEA Agreement (Council Directive 86/362/EEC of 24 July 1986 on the fixing of maximum levels for pesticide residues in and on cereals (1)), as last amended and adapted to the EEA Agreement by Protocol 1 thereto, and in particular Article 7(2)(b) thereof,
   Having regard to the Act referred to at point 54 in Chapter XII of Annex II to the EEA Agreement (Council Directive 90/642/EEC of 27 November 1990 on the fixing of maximum levels for pesticide residues in and on certain products of plant origin, including fruit and vegetables (2)), as last amended and adapted to the EEA Agreement by Protocol 1 thereto, and in particular Article 4(2)(b) thereof,
   After consulting the EFTA Foodstuffs Committee assisting the EFTA Surveillance Authority,
   Whereas:

               (1)

               The EFTA Surveillance Authority should progressively work towards a system which would permit the estimation of dietary exposure to actual pesticides. To make realistic estimations possible, data on the monitoring of pesticide residues should be available in a number of food products which constitute major components of the European diet. It is generally recognised that major components of the European diet are constituted by some 20 to 30 food products. In view of the resources available at national level for pesticide residue monitoring, the EFTA States are only able to analyse samples of eight products each year within a coordinated monitoring programme. Pesticide uses show changes within the timescale of the three-year period. Each pesticide should thus generally be monitored in 20 to 30 food products over a series of three-year cycles.

               (2)

               Residues of all the pesticides covered by this Recommendation should be monitored in 2004, as this will allow using these data for the estimation of actual dietary exposure to them.
               A systematic statistical approach to numbers of samples to be taken in each coordinated monitoring exercise is necessary. Such an approach has been set out by the Commission of the Codex Alimentarius (3). Based on a binomial probability distribution it can be calculated that examination of about 650 samples gives a confidence of more than 99 % for detecting one sample containing pesticide residues above the limit of determination (LOD) where less than 1 % of products of plant origin contain residues above the LOD. These samples should be taken across the European Economic Area. For the EFTA States it is recommended, on the basis of population and consumer numbers, to take a minimum of 12 samples per product and per year.

               (3)

               A new guideline concerning Quality Control Procedures for Pesticide Residue Analysis has been published by the European Commission (4). These guidelines should be implemented as far as possible by the analytical laboratories of the EFTA States and should be reviewed continuously in the light of experience gained in the monitoring programmes.

               (4)

               Article 4(2)(a) of Directive 90/642/EEC and Article 7(2)(a) of Directive 86/362/EEC require the EFTA States to specify the criteria applied in drawing up their national inspection programmes. Such information should include: (i) the criteria applied in determining the numbers of samples to be taken and analyses to be carried out and the reporting levels applied and the criteria by which the reporting levels have been fixed; (ii) details of accreditation under the Act referred to at point 54n of Chapter XII of Annex II to the EEA Agreement (Council Directive 93/99/EEC of 29 October 1993 on the subject of additional measures concerning the official control of foodstuffs (5)) of the laboratories carrying out analyses; (iii) the number and type of infringements and the action taken.

               (5)

               Information on the results of monitoring programmes is particularly appropriate for treatment, storage and transmission by electronic/informatic methods. Formats have been developed for supply of data by e-mail from the EC Member States to the Commission. The EFTA States could use the same format and should therefore be able to send their reports to the EFTA Surveillance Authority in the standard format. The further development of such a standard format is most effectively undertaken by the development of guidelines,

         HEREBY RECOMMENDS THE EFTA STATES TO:

               1.

               Sample and analyse for the product/pesticide residue combinations set out in the Annex to this Recommendation, taking a minimum of 12 samples of each product and reflecting as appropriate, national, EEA and third country share of the EFTA State’s market.
               Preferably for pesticides posing an acute risk, e.g. OP-esters, endosulfan and N-methylcarbamates, selected samples of the products: apples, tomatoes, lettuce, leek and head cabbage should also be subjected to individual analysis of the individual units in the second laboratory sample in case such pesticides are detected and particularly if it is the produce of a single producer. The number of units should be in line with the Act referred to at point 54zz of Chapter XII of Annex II to the EEA Agreement (Commission Directive 2002/63/EC of 11 July 2002 establishing Community methods of sampling for the official control of pesticide residues in and on products of plant and animal origin and repealing Directive 79/700/EEC (6)).
               Two samples should be taken. If the first laboratory sample contains a detectable residue of a targeted pesticide, the units of the second sample should be analysed individually.

               2.

               Report the results of the analysis of samples tested for the product/pesticide residue combinations set out in the Annex to this Recommendation, by 31 August 2005 at the latest, indicating:

                           (a)

                           the analytical methods used and reporting levels achieved, in accordance with the quality control procedures set out in the quality control procedures for pesticide residue analysis;

                           (b)

                           the number and type of infringements and the action taken.

                     The report should be produced in a format, including the electronic format, conforming to the guidance (7) to the EEA States with regard to implementation of recommendations concerning coordinated monitoring programmes.

               3.

               Send to the EFTA Surveillance Authority and to the EFTA States, by 31 August 2004 at the latest, all the information as required by Article 7(3) of Directive 86/362/EEC and Article 4(3) of Directive 90/642/EEC concerning the 2003 monitoring exercise to ensure, at least by check sampling, compliance with maximum pesticide residue levels including:

                           (a)

                           the results of their national programmes concerning pesticide residues;

                           (b)

                           information on their laboratories’ quality control procedures and, in particular, information concerning aspects of the guidelines concerning quality control procedures for pesticide residue analysis which they have not been able to apply or have had difficulty in applying;

                           (c)

                           information on accreditation in accordance with the provisions of Article 3 of Directive 93/99/EEC (including type of accreditation, accreditation body and copy of accreditation certificate) of the laboratories carrying out the analyses;

                           (d)

                           information about the proficiency tests and ring tests in which the laboratory has participated.

               4.

               Send to the EFTA Surveillance Authority, by 30 September 2004 at the latest, their intended national programme for monitoring maximum pesticide residue levels fixed by Directives 90/642/EEC and 86/362/EEC for the year 2005, including information on:

                           (a)

                           the criteria applied in determining the number of samples to be taken and analyses to be carried out;

                           (b)

                           the reporting levels applied and the criteria by which the reporting levels have been fixed;

                           (c)

                           details of accreditation, under Directive 93/99/EEC, of the laboratories carrying out analyses.

      This Recommendation is addressed to Iceland, Liechtenstein and Norway.
      Done at Brussels, 30 March 2004.

            For the EFTA Surveillance Authority

         Bernd HAMMERMANN

            College Member

         Niels FENGER

            Director

      (1)  OJ L 221, 7.8.1986, p. 37.

      (2)  OJ L 350, 14.12.1990, p. 71.

      (3)  Codex Alimentarius, Pesticide Residues in Foodstuffs, Rome 1994, ISBN 92-5-203271-1; Vol.2, p. 372.

      (4)  Doc. No SANCO/10476/2003, http://europa.eu.int/comm/food/ plant/protection/resources/qualcontrol_en.pdf

      (5)  OJ L 290, 24.11.1993, p. 14.

      (6)  OJ L 187, 16.7.2002, p. 30.

      (7)  Presented to and taken note of in the Standing Committee on the Food Chain and Animal Health (SCFCAH) every year.

      ANNEX
      Pesticide/product combinations to be monitored

                  Pesticide residue to be analysed for

                  Year

                  2004

                  2005 (1)

                  2006 (1)

                  Acephate

                  (c)

                  (a)

                  (b)

                  Aldicarb

                  (c)

                  (a)

                  (b)

                  Azinphos-methyl

                  (c)

                  (a)

                  (b)

                  Azoxystrobin

                  (c)

                  (a)

                  (b)

                  Benomyl group

                  (c)

                  (a)

                  (b)

                  Bromopropylate

                  (c)

                  (a)

                  (b)

                  Captan

                  (c)

                  (a)

                  (b)

                  Chlorothalonil

                  (c)

                  (a)

                  (b)

                  Chlorpyriphos

                  (c)

                  (a)

                  (b)

                  Chlorpyriphos-methyl

                  (c)

                  (a)

                  (b)

                  Cypermethrin

                  (c)

                  (a)

                  (b)

                  Cyprodinil

                  (c)

                  (a)

                  (b)

                  Deltamethrin

                  (c)

                  (a)

                  (b)

                  Diazinon

                  (c)

                  (a)

                  (b)

                  Dichlofluanid

                  (c)

                  (a)

                  (b)

                  Dicofol

                  (c)

                  (a)

                  (b)

                  Dimethoate

                  (c)

                  (a)

                  (b)

                  Diphenylamine (2)

                  (c)

                  (a)

                  (b)

                  Endosulfan

                  (c)

                  (a)

                  (b)

                  Fenhexamid

                  (c)

                  (a)

                  (b)

                  Folpet

                  (c)

                  (a)

                  (b)

                  Imazalil

                  (c)

                  (a)

                  (b)

                  Iprodione

                  (c)

                  (a)

                  (b)

                  Kresoxim-methyl

                  (c)

                  (a)

                  (b)

                  Lambda-cyhalothrin

                  (c)

                  (a)

                  (b)

                  Malathion

                  (c)

                  (a)

                  (b)

                  Maneb group

                  (c)

                  (a)

                  (b)

                  Mecarbam

                  (c)

                  (a)

                  (b)

                  Methamidophos

                  (c)

                  (a)

                  (b)

                  Metalaxyl

                  (c)

                  (a)

                  (b)

                  Methidathion

                  (c)

                  (a)

                  (b)

                  Methiocarb

                  (c)

                  (a)

                  (b)

                  Methomyl

                  (c)

                  (a)

                  (b)

                  Myclobutanil

                  (c)

                  (a)

                  (b)

                  Omethoate

                  (c)

                  (a)

                  (b)

                  Oxydemeton-methyl

                  (c)

                  (a)

                  (b)

                  Parathion

                  (c)

                  (a)

                  (b)

                  Permethrin

                  (c)

                  (a)

                  (b)

                  Phorate

                  (c)

                  (a)

                  (b)

                  Pirimiphos-methyl

                  (c)

                  (a)

                  (b)

                  Procymidone

                  (c)

                  (a)

                  (b)

                  Propyzamide

                  (c)

                  (a)

                  (b)

                  Spiroxamine

                  (c)

                  (a)

                  (b)

                  Thiabendazole

                  (c)

                  (a)

                  (b)

                  Tolylfluanid

                  (c)

                  (a)

                  (b)

                  Triazophos

                  (c)

                  (a)

                  (b)

                  Vinclozolin

                  (c)

                  (a)

                  (b)

                              (a)

                              Pears, bananas, beans (fresh or frozen), potatoes, carrots, oranges/mandarines, peaches/nectarins, spinach (fresh or frozen).

                              (b)

                              Cauliflower, peppers, wheat, aubergines, rice, grapes, cucumber, peas (fresh/frozen, without pod).

                              (c)

                              Apples, tomatoes, lettuce, strawberries, leek, orange juice, head cabbage, rye/oats.

         (1)  Indicative for 2005 and 2006, subject to programmes which will be recommended for these years.

         (2)  Diphenylamine should be analysed in apples and pears only.

                  (a)

                  Pears, bananas, beans (fresh or frozen), potatoes, carrots, oranges/mandarines, peaches/nectarins, spinach (fresh or frozen).

                  (b)

                  Cauliflower, peppers, wheat, aubergines, rice, grapes, cucumber, peas (fresh/frozen, without pod).

                  (c)

                  Apples, tomatoes, lettuce, strawberries, leek, orange juice, head cabbage, rye/oats.


Avis juridique important

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31984H0222

84/222/EEC: Council recommendation of 10 April 1984 concerning the discharge to be given to the Commission in respect of the implementation of the operations of the European Development Fund (1979) (Fifth EDF) for the financial year 1982

Official Journal L 104 , 17/04/1984 P. 0024 - 0024

*****COUNCIL  RECOMMENDATION  of 10 April 1984  concerning the discharge to be given to the Commission in respect of the implementation of the operations of the European Development Fund (1979) (Fifth EDF) for the financial year 1982  (84/222/EEC)  THE COUNCIL OF THE EUROPEAN  COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Article 206b thereof,  Having regard to the Second ACP-EEC Convention, signed at Lomé on 31 October 1979,  Having regard to Council Decision 80/1186/EEC of 16 December 1980 on the association of the overseas countries and territories with the European Economic Community (1),  Having regard to the 1979 International Agreement on the financing and administration of Community aid (2), signed on 20 November 1979, and in particular Article 29 (3) thereof,  Having regard to the Financial Regulation of 17 March 1981 applicable to the Fifth European Development Fund (3), and in particular Articles 66 to 70 thereof,  Having examined the revenue and expenditure account and the balance sheet relating to the operations of the European Development Fund (1979) (Fifth EDF) as at 31 December 1982 and the Court of Auditors' report relating to the financial year 1982 together with the Commission's replies (4),  Whereas, pursuant to Article 29 (3) of the Internal Agreement, the discharge for the management of the European Development Fund (1979) (Fifth EDF) must be given to the Commission by the European Parliament on a recommendation from the Council;  Whereas the overall implementation by the Commission of the operations of the European Development Fund (1979) (Fifth EDF) during the financial year 1982 has been satisfactory,  RECOMMENDS:  that the European Parliament give the Commission a discharge in respect of the implementation of the operations of the European Development Fund (1979) (Fifth EDF) of the financial year 1982.  Done at Luxembourg, 10 April 1984.  For the Council  The President  C. CHEYSSON  (1) OJ No L 361, 31. 12. 1980, p. 1.  (2) OJ No L 347, 22. 12. 1980, p. 210.  (3) OJ No L 101, 11. 4. 1981, p. 12.  (4) OJ No C 357, 31. 12. 1983, pp. 131, 159 and 233.


Avis juridique important

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31998H0485

98/485/EC: Commission Recommendation of 1 July 1998 on childcare articles and toys intended to be placed in the mouth by children of less than three years of age, made of soft PVC containing certain phthalates (notified under document number SEC(1998) 738)

Official Journal L 217 , 05/08/1998 P. 0035 - 0037

COMMISSION RECOMMENDATION of 1 July 1998 on childcare articles and toys intended to be placed in the mouth by children of less than three years of age, made of soft PVC containing certain phthalates (notified under document number SEC(1998) 738) (98/485/EC)THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community, and in particular Article 155, second indent, thereof,Whereas, pursuant to the Treaty establishing the European Community, the Community must contribute to the attainment of a high level of consumer health protection;Whereas, pursuant to Article 3 of Council Directive 92/59/EEC of 29 June 1992 on general product safety (1), only safe products may be placed on the market; whereas the Directive emphasises in particular the need to ensure a high level of protection for the health and safety of children;Whereas the Sientific Committee on Toxicity, Ecotoxicity and the Environment (SCTEE), after being consulted by the Commission, delivered an opinion on 24 April 1998, supplemented by clarifications on 16 June 1998, on the effects on the health of children of the use of certain phthalate-containing soft PVC toys and childcare articles; whereas in this opinion it expressed its concern about the exposure of children to some of these phthalates;Whereas the SCTEE has in particular recommend that certain limit values for the migration of the phthalates DINP, DEHP, DBP, DIDP, DNOP and BBP released by soft PVC toys and childcare articles intended to be placed in the mouth by children of less than three years of age should not be exceeded;Whereas it is important that Member States take the measures required to ensure a high level of child health protection in regard to these products, pending the implementation of permanent Community measures;Whereas the said migration limit values are liable to be exceeded in certain cases; whereas it is therefore important that the Member States proceed, in the context of appropriate checks, to monitor the level of exposure of children to phthalates which may be caused by the migration of these substances when using the products in question;Whereas it is important that Member States should exchange information on the test and measurement methods used in these checks and on the results obtained and that they should collaborate among themselves and with the Commission in order to achieve as consistent as possible an approach throughout the Community, pending the adoption of a standardised method;Whereas it is appropriate in the context of this collaboration, to examine, inter alia, the results of the ongoing study in the Netherlands concluded by the Rijksinstituut voor Volksgezondheid en Milieu (RIVM), which may make it possible to define a common reference method;Whereas, whenever a Member State restricts the placing on the market of products covered by this recommendation, it must inform the Commission in line with the procedure prescribed in Article 7 of Directive 92/59/EEC on general product safety, in the case of childcare articles, Article 7 of Council Directive 88/378/EEC (2) of 3 May 1988 on the safety of toys, in the case of toys, or in accordance with the Article 8 procedure of Directive 92/59/EEC, if it considers that there is a serious and immediate risk and, where appropriate, proceed to notify the Commission in compliance with Council Directive 83/189/EEC of 28 March 1983 laying down a procedure for the provision of information in the field of technical standards and regulations (3),HEREBY RECOMMENDS:Article 1 1. Member States shall adopt the measures required to ensure a high level of child health protection in regard to phthalate-containing soft PVC childcare articles and toys intended to be placed in the mouth of less three years of age, and notably the substances di-iso-nonyl phthalate (DINP), di(2-ethylhexyl) phthalate (DEHP), dibutyl phthalate (DBP), di-iso-decyl phthalate (DIDP), di-n-octyl phthalate (DNOP), and butylbenzyl phthalate (BBP). Particular attention should be paid to the substances DINP and DEHP.2. In vetting the products in question, Member States shall monitor the levels of migration of these substances in the context of appropriate checks, taking into account the opinion on phthalates in toys delivered by the Scientific Committee on Toxicity, Ecotoxicity and the Environment (SCTEE) on 24 April 1998 and notably the migration limit values for phthalates released by these products recommended by this Committee and reproduced in the Annex.3. Member States shall regularly inform the Commission of the test methods and measurement methods used to determine the levels of migration in question, the results of the checks, and the conclusions they have reached; Member States are invited to furnish initial information before the end of August 1998.4. Member States shall participate in the exchange of information with other Member States and in work to ensure a consistent approach to test and measurement methods and to identifying a common method, which will be organised by the Commission.Article 2 For the purpose of this recommendation,(1) toy: means any product designed or clearly intended for use in play by children,(2) childcare article: means any product designed to facilitate sleep, relaxation, the feeding of children, or sucking on the part of children.Article 3 This recommendation is addressed to the Member States.Done at Brussels, 1 July 1998.For the CommissionEmma BONINOMember of the Commission(1) OJ L 228, 11. 8. 1992, p. 24.(2) OJ L 187, 16. 7. 1988, p. 1.(3) OJ L 109, 26. 4. 1983, p. 8.ANNEX >TABLE>


title: RECOMMENDATION FOR A COUNCIL REGULATION (EEC) on the conclusion of the Agreement in the form of an exchange of letters between the European Economic Community and the Portuguese Republic regarding prepared or preserved tomatoes falling within subheading 20.02 C of the Common Customs Tariff (Presented by the Commission to the Council)

text:
ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (80) 732
Vol. 1980/0231
 ---pagebreak--- Disclaimer
Conformément au règlement (CEE, Euratom) n° 354/83 du Conseil du 1er février 1983
concernant l'ouverture au public des archives historiques de la Communauté économique
européenne et de la Communauté européenne de l'énergie atomique (JO L 43 du 15.2.1983,
p. 1), tel que modifié par le règlement (CE, Euratom) n° 1700/2003 du 22 septembre 2003
(JO L 243 du 27.9.2003, p. 1), ce dossier est ouvert au public. Le cas échéant, les documents
classifiés présents dans ce dossier ont été déclassifiés conformément à l'article 5 dudit
règlement.
In accordance with Council Regulation (EEC, Euratom) No 354/83 of 1 February 1983
concerning the opening to the public of the historical archives of the European Economic
Community and the European Atomic Energy Community (OJ L 43, 15.2.1983, p. 1), as
amended by Regulation (EC, Euratom) No 1700/2003 of 22 September 2003 (OJ L 243,
27.9.2003, p. 1), this file is open to the public. Where necessary, classified documents in this
file have been declassified in conformity with Article 5 of the aforementioned regulation.
In Übereinstimmung mit der Verordnung (EWG, Euratom) Nr. 354/83 des Rates vom 1.
Februar 1983 über die Freigabe der historischen Archive der Europäischen
Wirtschaftsgemeinschaft und der Europäischen Atomgemeinschaft (ABI. L 43 vom 15.2.1983,
S. 1), geändert durch die Verordnung (EG, Euratom) Nr. 1700/2003 vom 22. September 2003
(ABI. L 243 vom 27.9.2003, S. 1), ist diese Datei der Öffentlichkeit zugänglich. Soweit
erforderlich, wurden die Verschlusssachen in dieser Datei in Übereinstimmung mit Artikel 5
der genannten Verordnung freigegeben.
 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                                               COM(80)732 final
                                                               Brussels . 17* November 1980
                                     I
                                                   I
                             RECOMMENDATION FOR A COUNCIL REGULATION ( EEC )
         - • •     c    _
       b,                 ■
       i    ^ on the conclusion of the Agreement in the form of an exchange
        \o •         •/,,      ,
         of "letters between the European Economic Community and the
               Portuguese Republic regarding prepared or preserved tomatoes
               falling within "subheading 20.02 C of the Common Customs Tariff
                           ( Presented by the Commission to the Council )
 COM ( 80 ) 732 final
 ---pagebreak---                  EXPLANATORY" MEMORANDUM
     The purpose of the exchange' of letters annexed to the
draft Regulation is to confirm , for 198l » the voluntary
restraint volume agreed with Portugal since several years .
 ---pagebreak---                                      Recommendation for a
                                COUNCIL REGULATION ( EEC)
             on the conclusion of the Agreement in the form of an exchange of letters
             between the European Economic Community and the Portuguese Republic
             regarding prepared or preserved tomatoes falling within subheading 20.02 C of
                                         the Common Customs Tariff
THE COUNCIL OF THE EUROPEAN                                 Portuguese Republic regarding prepared or preserved
COMMUNITIES.                                                tomatoes falling within subheading 20.02 C of the
                                                            Common . Customs Tariff is hereby approved on
Having regard to the Treaty establishing the European       behalf of the Community.
Economic Community, and in particular Article 113
thereof.
                                                            The text of the Agreement is annexed to this Regula
Having regard to the recommendation from the                tion .
Commission , ■             i
Whereas it is necessary to conclude the Agreement in
                                                                                Article 2
the form of an exchange of letters between the Euro
pean Economic Community and the Portuguese Repu
blic regarding prepared or preserved tqmatoes falling       The President of the Council is hereby authorized to
within subheading 20.02 C of the Common Customs             appoint the person empowered to sign the Agreement
Tariff,                                                     for the purpose of binding the Community.
HAS ADOPTED THIS REGULATION :
                                                                                Article 3
                      Article Î
                                                            This Regulation shall enter into force on the day
The Agreement in the form of an exchange of letters         following Us publication in the Official Journal of
between the European Economic Community and the             the European Communities.
             This Regulation shall be binding in its entirety and directly applicable irt all Member
             States.                                                                             •  '
             Done at Brussels,
                                                                       For the Council
                                                                        The President
 ---pagebreak---                                       AGREEMENT
 in the form of an exchange of letters between the European Economic Commu
 nity and the Portuguese Republic regarding prepared or preserved tomatoes
         falling within subheading 20.02 C of the Common Customs Tariff
                                        Letter No 1
                                                                           Brussels,
Sir, -                                             v.:
1 have the honour to refer to Article 3 of Protocol 8 to the Agreement between the Euro
pean Economic Community and the Portuguese Republic signed on 22 July 1972 and to
the exchange of letters of 5 December 1975.
I have the honour to inform you that for 1981 the Community is ready to renew the
volume agreed for the preceding year. Accordingly, the Portuguese Government under
takes to adopt the i necessary measures in order that the quantities of tomatoes that have
been prepared or preserved otherwise than by vinegar or acetic acid, falling within
subheading 20.02 C of the Common Customs Tariff and supplied to the Community in
1981, do not exceed 90 000 tonnes.
I should be grateful if you would kindly confirm the agreement of your Government to
the contents of this letter.
Please accept. Sir, the assurance of my highest consideration.
                                               '         On behalf of the Council
       x                                               of the European Communities
 ---pagebreak---                                         Letter No 2
                                                                           Brussels,
Sir.
I have the honour to acknowledge receipt of your letter of today s date worded as follows :
     'I have the honour to refer to Article 3 of Protocol 8 to the Agreement between the
     European Economic Community and the Portuguese Republic signed on 22 July
      1972 and to the exchange of letters of 5 December 1975.
     I have the honour to inform you that for 1981 the Communiry is ready to renew the
     volume agreed for the preceding year. Accordingly, the Portuguese Government under
     takes to adopt the necessary measures in order that the quantities of tomatoes that
     have been prepared or preserved otherwise than by vinegar or acetic acid, falling
     within subheading 20.02 C of the Common Customs Tariff and supplied to the
     Community in 1981, do not exceed 90 000 tonnes.
     I should be grateful if you would kindly confirm the agreement of your Government
     to the contents of this letter.'
I have the honour to confirm the agreement of my Government with the contents of that
letter.
Please accept. Sir, the assurance of my highest consideration.
                                                           For the Government
                                                       of the Portuguese Republic


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31983H0230

83/230/EEC: Council Recommendation of 21 April 1983 on the methods of forming natural gas prices and tariffs in the Community

Official Journal L 123 , 11/05/1983 P. 0040 - 0041 Spanish special edition: Chapter 12 Volume 4 P. 0094  Portuguese special edition Chapter 12 Volume 4 P. 0094

*****COUNCIL  RECOMMENDATION  of 21 April 1983  on the methods of forming natural gas prices and tariffs in the Community  (83/230/EEC)  THE COUNCIL OF THE EUROPEAN  COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Article 235 thereof,  Having regard to the proposal from the Commission,  Having regard to the opinion of the European Parliament (1),  Whereas in its conclusions of 3 December 1981 and 16 March 1982 the Council emphasized the need for Member States to develop a common approach to energy price formation and laid down general principles to be observed by each Member State in its energy pricing policies;  Whereas, without prejudice to the various systems for the formation of natural gas prices which exist in the Member States, these principles should be adapted to the characteristics of the market in natural gas so as to ensure greater consistency in energy price formation in the Community;  Whereas, in view of the comparative scarcity of natural gas and the advantages of using it, the best possible use of available supplies and the optimum allocation of these resources should be ensured by means of an appropriate pricing policy;  Whereas natural gas prices should be allowed to adjust to trends in the cost of supply and to changes in the competitive position of natural gas;  Whereas pricing policies which would prevent the rational use of natural gas in certain areas of consumption should be avoided;  Whereas natural gas tariff systems should reflect as accurately as possible the structure of the supply and distribution costs for the various categories of supplies;  Whereas, in view of the quantities supplied, economies of scale in large-scale industry should be reflected in appropriate decreasing scales of charges;  Whereas, in order to ensure optimum use of the transmission networks and greater regularity in supplies during the year, provision should be made for special prices for interruptible supplies;  Whereas pricing policy plays a decisive role as regards trends on the market for natural gas and whereas consumption trends should be monitored with a view to adjusting natural gas prices accordingly;  Whereas consumers can make a valid choice only if there is an adequate degree of market transparency,  HEREBY RECOMMENDS TO THE MEMBER STATES:  (a) that they take appropriate steps, if they have not already done so, to ensure that natural gas prices and tariffs in the Community are based on the following common principles:  1. The formation of natural gas prices should make it possible to ensure the best possible use of gas supplies and the optimum allocation of this resource, taking into account production, acquisition and distribution costs. In forming prices, account should be taken of the rational use of energy and of the market value of natural gas in relation to the prices of other forms of energy with which natural gas is in competition.  Natural gas prices for consumers should therefore be as close as possible to the market value of natural gas in relation to the price of substitute forms of energy and guarantee sufficient proceeds to cover the cost of supply to consumers.  2. Methods of forming natural gas prices should be designed in such a way as to enable such prices to adjust to changes in the competitive situation on the market and to trends in costs, and more particularly the cost to gas undertakings of acquiring gas, changes in which should be passed on to tariffs and selling prices as soon as possible.  3. Prices should not be artificially low in relation to the market situation and to costs, thereby having the effect of subsidizing certain categories of consumption or certain uses and/or of encouraging waste.  4. The two-part tariff system, consisting of a fixed component to cover fixed costs, in particular the cost of permanent connection to the network, and a component which varies with the quantity of gas supplied, is the system which, of the various tariff options available, should be generally used for charging domestic users and small industrial users, taking account of local conditions.  This should be the case, in particular, for categories of users which have the same characteristics as regards use, scale of consumption and regularity of off-takes and which would be charged tariffs based on these characteristics.  5. For larger users subject to tariffs, to whom fixed costs represent only a small fraction of their overall costs, a single tariff should normally be applied, but provisions should be made for two (or more) components which decrease as consumption rises, in order to take account of the economies of scale that are achievable in transmission as volume increases. The tariffs charged for a given location should also vary in relation to the off-take characteristics, such as the load factor, in order to pass on the costs better.  6. In the case of non-tariff sales to large users (i.e. contractual sales) prices should be calculated in the light of cost and market conditions.  7. With the aim of transferring demand to off-peak periods or to allow load-shedding, provision should be made for special tariffs or prices linked to arrangements for interruptible supplies;  (b) that they carefully monitor the trend in demand for natural gas in the various sectors of use and its trend in the long term, in close cooperation at Community level with a view to further improving tariff structures;  (c) that they ensure that natural gas prices are characterized by the greatest possible degree of transparency and that these prices and the cost to the consumer are made public as far as possible.  Done at Luxembourg, 21 April 1983.  For the Council  The President  D. von WUERZEN  (1) OJ No C 96, 11. 4. 1983, p. 105.


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31976H0333

76/333/EEC: Commission Recommendation of 16 March 1976 addressed to the Government of the Kingdom of Denmark on a draft law on road passenger transport operations

Official Journal L 084 , 31/03/1976 P. 0057 - 0059

COMMISSION RECOMMENDATION of 16 March 1976 addressed to the Government of the Kingdom of Denmark on a draft law on road passenger transport operations (76/333/EEC) On 27 January 1976, the Danish Permanent Representation to the European Communities sent the text of a draft law on road passenger transport operations to the Commission on behalf of the Danish Government in accordance with Article 1 of the Council Decision of 21 March 1962 (1) instituting a procedure for prior examination and consultation in respect of certain laws, regulations and administrative provisions concerning transport proposed in Member States, as amended by the Council Decisions of 22 November 1973 (2).  The Danish Government requested that the procedure laid down in Article 2 (4) of the Decision, for use in the case of urgent measures, should be implemented, and sent copies of the draft to the other Member States.  The letter from the Permanent Representation reached the Commission on 29 January 1976. The 15-day period within which the Commission was required to draw up its opinion has been extended until 12 March 1976 in accordance with Article 2 (4) of that Decision and with the agreement of the Danish Government.  The Commission submits this recommendation in accordance with Article 2 (1) of the Decision referred to above:    1. The Commission believes it to be the Danish Government's intention to propose provisions governing access to the market in the field of national road passenger transport operations, since the rules applicable to transport operations between Member States have already been laid down at Community level.       2. The Commission considers, moreover, that the draft law under consideration also contains measures which the Danish Government proposes to adopt pursuant to the Council Directive of 12 November 1974 on admission to the occupation of road passenger transport operator in national and international transport operations (3). The provisions more particularly concerned are those contained in Articles 12, 13, 14, 15 and 16 of the draft Danish law submitted for purposes of the consultation procedure.  The Commission reserves the right to comment later on these provisions, which must be submitted to the Commission pursuant to Article 6 of the Directive referred to.       3. As regards the other provisions of the draft Danish law covered by the consultation procedure initiated pursuant to Article 1 of the Council Decision of 21 March 1962, the Commission did not consider it necessary to convene a briefing session with representatives of the Danish Government or to consult the other Member States pursuant to Article 2 (3) of the Council Decision referred to above.       4. As regards these provisions, the Commission considers that there is a degree of interdependence between national and international markets in the field of road passenger transport and, more particularly, that in view of the characteristics of the services under consideration, the existence of varying legal rules might lead to a disadvantageous situation capable of disturbing the proper functioning of national and international services as a whole and create obstacles to the development of the right of establishment and the satisfactory operation of services at Community level.  The Commission therefore recommends the Danish Government to align as far as possible the national provisions which it intends to adopt, particularly those relating to the definitions and creation of services, with those already adopted at Community level, which are as follows:  (1) OJ No 23, 3.4.1962, p. 720/62.  (2) OJ No L 347, 17.12.1973, p. 48.  (3) OJ No L 308, 19.11.1974, p. 23.       - Council Regulation No 117/66/EEC of 28 July 1966 on the introduction of common rules for the international carriage of passengers by coach and bus (1);           - Council Regulation (EEC) No 516/72 of 28 February 1972 on the introduction of common rules for shuttle services by coach and bus between Member States (2);           - Council Regulation (EEC) No 517/72 of 28 February 1972 on the introduction of common rules for regular and special regular services by coach and bus between Member States (3).                  5. The Commission recommends that the Danish Government should, in order to determine precisely the scope of the intended measures, indicate clearly in Article 1 of its draft law that the provisions of that draft law apply solely to national road passenger transport operations, i.e. to services where the route is situated entirely within Denmark.       6. The Commission considers that Article 4 provides that permits for scheduled services may be issued only in respect of services entered on a timetable drawn up in accordance with the provisions of Chapter 2 of the law on local or regional passenger transport. This law does not, however, contain any precise criteria with regard to satisfaction of the demand for transport. The Commission stresses in this connection that scheduled services are intended to meet certain needs of the community and that instituting them is justified by reasons connected in particular with safeguarding the interests of the public. Institution of such services therefore presupposes that the public authorities will impose certain restrictions on the way in which they are run and upon fares.  The Commission therefore recommends that the Danish Government specify in its draft law by which means and upon the basis of which procedures the public authorities responsible for authorizing the institution, maintenance, modification or discontinuance of a scheduled service should assess:      - the demand for transport which the scheduled service is intended to meet, in order in particular to adapt transport capacity and the way in which the service is run to that demand;           - the market situation in order to guarantee optimum use of transport facilities and in order not to jeopardize the satisfactory operation of existing services.                  7. Article 7 provides that the DSB and the private railways, operating in the region under consideration, may, in order to coordinate road and rail services, and under certain conditions, propose amendments to the conditions laid down by the authority issuing permits, by submitting such proposals to the Passenger Transport Council.  The Commission considers that this provision will have the effect merely of creating a situation in which the DSB and the private railways will enjoy rights which are more extensive than those enjoyed by other operators in the market, a situation which is contrary to the fundamental principles of equality of treatment for all operators. As a result, the Commission recommends that the Danish Government ensure that Article 7 is drafted so as to leave no doubt that this principle is to be observed.       8. Article 9 provides a definition of "tourist" services and "charter" services. The Commission considers that these forms of transport are equivalent to services which are distinct from scheduled services and special scheduled services in that they are not provided with a frequency, and between points, which have been fixed in advance. They are therefore occasional services such as are defined at Community level in Article 3 of Regulation No 117/66/EEC. The Commission therefore recommends that the Danish Government use the definition of these services laid down in the said Article 3.       9. Article 11 refers to transport operations other than those referred to in Article 2 (scheduled services and special scheduled services) and Article 9 (tourist and charter services), and requires that they must be subject to an examination of transport needs.  The Commission has reached the conclusion that this refers to operations which are designated "shuttle services" within the Community and which are defined, as regards international transport operations, in Article 2 of Regulation No 117/66/EEC. These services are in addition subdivided into two categories which are subject to different conditions for the issue of permits (see Articles 5 and 6 of Regulation (EEC) No 516/72) in so far as one category includes meals and accommodation in addition to transport, whereas the other is restricted to transport. With reference to the considerations set out in 1 above, the Commission recommends that the Danish Government amend Article 11 of this draft law accordingly.       10. Finally, the Commission notes that the Minister of Public Works is responsible for laying down special conditions governing vehicles and their drivers. It considers that the provisions to be adopted in this field are likely to affect the technical characteristics of vehicles and certain social aspects. It points out that in this field the Commission has submitted to the Council:  (1) OJ No 147, 9.8.1966, p. 2688/66.  (2) OJ No L 67, 20.3.1972, p. 13.  (3) OJ No L 67, 20.3.1972, p. 19.       - a proposal for a Directive on the approximation of the laws of the Members States relating to roadworthiness tests for motor vehicles and their trailers, 17 August 1972 (1);           - a proposal for a Directive concerning the minimum level of training for road transport drivers, 30 July 1970 (2).             The Commission recommends to the Danish Government that any provisions adopted in this field should be in line with these proposals.       11. The Commission will inform the other Member States of this recommendation.         Done at Brussels, 16 March 1976.  For the Commission  Carlo SCARASCIA MUGNOZZA  Vice-President  (1) OJ No C 119, 16.11.1972, p. 2, and amendments pursuant to Article 149 of the Treaty - Doc. COM (74) 809 fin., 10 June 1974.  (2) OJ No C 4, 18.1.1971, p. 12, and amendments pursuant to Article 149 of the Treaty - Doc. COM (75) 622 fin., 21 November 1975.


title: Commission recommendation No 119/78/ECSC of 18 January 1978 imposing a provisional anti-dumping duty on wire rod originating in Czechoslovakia

text:
24. 1 . 78                            Official Journal of the European Communities                                    No L 19/ 5
                             COMMISSION RECOMMENDATION No 119/78 / ECSC
                                                      of 18 January 1978
               imposing a provisional anti-dumping duty on wire rod originating in Czechoslo
                                                             vakia
THE COMMISSION OF THE EUROPEAN                                     1977, imports originating in Czechoslovakia having
COMMUNITIES,                                                       risen from 18 000 tons to 135 000 tons in the same
                                                                   period and that, as a result, they have been able to
Having regard to the Treaty establishing the European              acquire a market share of 10 % in total and 6 % for
Coal and Steel Community, and in particular Articles               imports originating in Czechoslovakia in the market
74 and 86 thereof,                                                 most concerned, that is Germany, and that, on the
                                                                   other hand, the Community steel industry is in a
Having regard to recommendation 77/329/ECSC on                     crisis situation characterized by a reduction of about
                                                                   26 % in deliveries between 1974 and 1977 and in the
protection against dumping or the granting of boun
ties or subsidies by countries which are not members               number employed from 780 000 to 720 000 between
of the European Coal and Steel Community ( 1), as                  1974 and 1977 and by short-time working and that, as
amended by recommendation No 3004/77/ECSC (2),                     a result, the Community steel industry recorded
and in particular Articles 15 and 19 thereof,                      serious losses in most of the firms concerned ;
After having heard the opinions expressed within the
Advisory Committee provided for by recommendation                  Whereas, in order to remedy this situation , the
77/329/ECSC,                                                       Commission has introduced, in particular, a system of
                                                                   guidance prices (4) for sales within the Community of
                                                                   certain steel products produced by the European steel
Whereas the Commission has received a complaint,                   industry ;
submitted in the name of the relevant Community
industry, setting out evidence as to the existence of
dumping of wire rod originating in Czechoslovakia
and certain other countries and material injury                    Whereas, the import prices into the Community of
resulting therefrom ;                                              products originating in Czechoslovakia are consider
                                                                   ably lower than these guidance prices and that such
                                                                   undercutting prevents the European producers from
Whereas the Commission has published basis                         achieving the guidance prices and jeopardizes the
prices (3) based on the lowest normal prices or costs of           equilibrium of the entire pricing system and causes
production in the supplying countries where normal                 material injury to the Community industry or to a
conditions of competition prevail, including the costs             major part of it ;
of transport, insurance and customs duties ;
Whereas the prices of imports into the Community of                Whereas immediate action has been requested by a
the products which are the subject of the complaint                Member State ;
have been compared with these basis prices ;
Whereas a preliminary examination of the matter                    Whereas, in the serious conditions being experienced
based on this comparison shows that these products                 by the Community steel industry, the interests of the
originating in Czechoslovakia are offered for import               Community require immediate action ;
within the Community (the British market) at prices
lower than the basis prices and tHat dumping has
taken place, the margin of which is constituted by this
undercutting.                                                      Whereas it is for the Commission , without prejudice
                                                                   to the results of the investigation opened in accor
                                                                   dance with Article 1 1 of recommendation 77/329 /
Whereas, with regard to injury to the industry                     ECSC, to decide promptly to apply provisional
concerned, the evidence submitted to the Commis
                                                                   measures consisting of the imposition of a provisional
sion shows that, on the one hand, imports into the                 anti-dumping duty on imports of the products
Community of the products increased globally from                  concerned originating in Czechoslovakia, the rate of
 108 000 tonnes to 649 000 tonnes between 1974 and
                                                                   which corresponds to the difference between the basis
                                                                   price published by the Commission for this product
(') OJ No L 114, 5 . 5 . 1977, p. 6 .
(2) OJ No L 352, 31 . 12. 1977, p . 13 .                           and its price on importation into the Community,
(3) cf. Communication from the Commission of 31
    December 1977 concerning the basis prices of certain           (4) OJ No L 1 14, 5 . 5 . 1977, p . 1 ; OJ No C 174, 22. 7. 1977
    steel products, OJ No L 353 , 31 . 12. 1977, p. 1 .                and OJ No L 352, 31 . 12. 1977, p . 17.
 ---pagebreak--- No L 19 / 6                        Official Journal of the European Communities                             24 . 1 . 78
MAKES THE FOLLOWING RECOMMENDATION :                                                  Article 3
                       Article 1                             This recommendation shall be notified to the Member
                                                              States .
1 . A provisional anti-dumping duty is hereby
imposed on the following products originating in              It shall enter into force for each Member State on the
Czechoslovakia :
                                                              date of its publication in the Official Journal of the
— wire rod ,                                                  European Communities.
— Common Customs Tariff subheading 73.10 A I,
— NIMEXE code 73.10-11 .                                      Without prejudice to the provisions of Article 18 of
                                                              recommendation 77/329/ECSC, it shall apply until
2. The amount of this duty shall be equal to the              the entry into force of an Act of the Commission
amount by which the effective price (basic price plus         either adopting definitive measures or extending the
extras) established by contract, free frontier duty-paid,     provisional duty, and in any event for a maximum
is lower than the effective price (basic price plus           period of three months .
extras) published by the Commission for this product.
3 . The provisions in force for the collection of
customs duty shall apply to the collection of this duty.      Done at Brussels, 18 January 1978 .
                        Article 2
                                                                                For the Commission
The entry of the products described in Article 1 for
consumption within the Community shall be condi                                        Wilhelm HAFERKAMP
tional upon the deposit of security for the amount of
the provisonal duty.                                                                         Vice-President


Avis juridique important

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31989H0012

89/12/EEC: Commission Recommendation of 21 December 1988 on the adoption of standards on tinned mushrooms

Official Journal L 007 , 10/01/1989 P. 0033 - 0033

*****COMMISSION  RECOMMENDATION  of 21 December 1988  on the adoption of standards on tinned mushrooms  (89/12/EEC)  THE COMMISSION OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community and in particular Article 155 thereof,  Whereas threre are at present no standards in the Community on tinned mushrooms, either as regards the manufacturing processes and ingredients which may be used in mushroom preparations or as regards the protection of certain descriptions and keeping certain descriptions for certain methods of preparation; whereas two Member States only have introduced provisions with the aim more or less of achieving those objectives;  Whereas, in view of experience gained and in order in particular to avoid barriers to the free circulation of tinned mushrooms and to encourage sound competition in the Community, the Member States should be encouraged to introduce, in the abovementioned areas, national provisions complying with the common reference term which is the subject of this recommendation;  Whereas recommendations are an effective instrument as they encourage cooperation between Member States on a voluntary basis enabling the initiative of the interests concerned to be stimulated; whereas that procedure should be applied before drawing up binding rules by the establishment of common quality standards for products intended to be consumed in the Community or exported to third countries,  RECOMMENDS THE MEMBER STATES:  1. to adopt manufacturing standards for tinned mushrooms in accordance with the following provisions:  All tinned cultivated mushrooms with the exception of culinary preparations such as 'mushrooms à la grecque' etc., must be prepared from fresh mushrooms (of cultivated varieties (1) of Acaricus Bisporus or Psalliota bispora) and water or mushroom cooking juice with the optional addition of salt (NaCl), vinegar or crystallized citric acid for cooking, spices, aromatics, ascorbic acid used as an anti-oxidant and possibly sodium glutamate.  In accordance with that definition, proteins, starch and other substances intended to limit the loss of weight of the mushrooms (possibly by increasing water retention) must not be used;  2. to reserve:  the descriptions 'mushrooms' or 'cultivated mushrooms' for preserves comprising mushrooms and water, with or without added salt and/or acids as mentioned above, and excluding any other ingredients.  Those descriptions may be supplemented by the expression 'au naturel' (plain) where the immersion liquid comprises water and salt only;  the descriptions 'à l'étuvée', 'à l'étouffée' (braised) and 'préparés dans leur jus' (prepared in own juice) solely for preserves comprising mushrooms and mushroom cooking juice with the optional addition of salt, acids as listed in point 1, spices and aromatics.  Any other method of culinary preparation must be indicated on the label by an appropriate expression;  3. to lay down methods of examination and analysis using the following principles:  Samples collected by designated national bodies to carry out the analyses shall be taken from the raw materials during processing before the mushrooms are cooked. The soaking liquid must contain water and the substances indicated in point 1 only.  4. to forward to the Commission, within three months of notification of this recommendation, the legislative and administrative provisions adopted pursuant to this recommendation.  This recommendation is addressed to the Member States.  Done at Brussels, 21 December 1988.  For the Commission  Frans ANDRIESSEN  Vice-President  (1)CN-code 2003 10 10.