title: Commission Recommendation (EU) 2016/1871 of 28 September 2016 addressed to the Hellenic Republic on the specific urgent measures to be taken by Greece in view of the resumption of transfers under Regulation (EU) No 604/2013 of the European Parliament and of the Council

text:
               21.10.2016

               EN

               Official Journal of the European Union

               L 286/75

         COMMISSION RECOMMENDATION (EU) 2016/1871
   of 28 September 2016
   addressed to the Hellenic Republic on the specific urgent measures to be taken by Greece in view of the resumption of transfers under Regulation (EU) No 604/2013 of the European Parliament and of the Council
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 292 thereof,
   Whereas:

               (1)

               The transfer of applicants for international protection to Greece under Regulation (EU) No 604/2013 of the European Parliament and of the Council (1) (hereafter ‘the Dublin Regulation’) has been suspended by Member States since 2011, following two judgments of the European Court of Human Rights (ECHR) and the Court of Justice of the European Union (CJEU) (2), which identified systemic deficiencies in the Greek asylum system, resulting in a violation of the fundamental rights of applicants for international protection transferred from other Member States to Greece under Council Regulation (EC) No 343/2003 (3).

               (2)

               The Committee of Ministers of the Council of Europe has been monitoring the situation in Greece since the M.S.S v Belgium and Greece judgment was delivered by the ECHR in 2011 on the basis of progress reports that Greece is required to submit as evidence of the execution of the judgment and on the basis of evidence from NGOs and international organisations, such as the United Nations High Commissioner for Refugees (UNHCR), that operate in Greece.

               (3)

               As a result of the M.S.S judgment, Greece committed to reform its asylum system on the basis of a national Action Plan on Asylum Reform and Migration Management presented in August 2010 and revised in January 2013 (hereafter ‘the Greek Action Plan’). On 1 October 2015, Greece presented a Roadmap on the implementation of the relocation scheme and hotspots to the Council, which also outlines certain actions to be prioritised to ensure implementation of agreed pending actions in the areas of asylum and reception.

               (4)

               At the same time, the current refugee and migration crisis continues to place pressure on the Greek asylum and migration systems as the main country of first entry from the Eastern Mediterranean route. Between January and 12 September 2016, 165 202 migrants arrived irregularly in Greece (4). Even if the EU-Turkey Statement (5) has led to a significant decrease in the number of daily arrivals to Greece from Turkey (6), it has also placed new responsibilities on the Greek authorities. Furthermore, the situation in Greece has also changed significantly following the de facto closure of the Western Balkans route, preventing third-country nationals from onward travel. As a result, 60 528 irregularly arrived third-country nationals have become stranded in Greece (7). At the same time, the relocation schemes have not yet been fully implemented by Member States and have only partially relieved Greece of the pressure it is facing (8).

               (5)

               On 10 February 2016, the Commission addressed a first Recommendation to the Hellenic Republic on the urgent measures to be taken by Greece in view of the resumption of transfers under the Dublin Regulation, hereinafter ‘the first Recommendation’ (9). On 15 June 2016, the Commission addressed a second Recommendation to the Hellenic Republic on the urgent measures to be taken by Greece in view of the resumption of transfers under the Dublin Regulation, hereafter ‘the second Recommendation’ (10). The Recommendations concluded that the situation in Greece still needed considerable improvement before a further assessment could be made by the Commission on the possible resumption of transfers to Greece under the Dublin Regulation.

               (6)

               On 14 July 2016, the Commission received from Greece a general overview of the situation of asylum applicants in Greece and the progress made on the outstanding issues identified in the second Recommendation.

               (7)

               The Greek authorities have received 28 752 lodged asylum applications from 1 January until 18 September 2016. On 1 September 2016, Greece informed the Commission of the successful ending of the so called pre-registration exercise which had begun on 8 June 2016 (11). The aim of this exercise was to register all those irregular third-country nationals having arrived in Greece before 20 March 2016 who wanted to apply for international protection but who had not yet been channelled into the asylum procedure by the Greek authorities. According to the available information (12), the Greek authorities have pre-registered 27 592 persons in the mainland during June and July 2016 as asylum seekers whose application remains to be lodged. Since 1 September 2016, the process of lodging these applications has commenced. A further 15 253 persons were pre-registered on the islands from 20 March to 18 September 2016, of whom 6 298 have now lodged an asylum application.

               (8)

               By letter of 19 September 2016, Greece provided the Commission with further information regarding the latest situation of asylum applicants in Greece and of the progress it has made to reform its asylum system. Greece also expressed concerns about the prospect of a possible resumption of Dublin transfers, given the current number of migrants stranded in Greece, most of whom have now been channelled into the asylum procedure, and the challenges it faces in implementing the EU-Turkey Statement. Greece equally pointed out that the number of relocations from Greece to other Member States remains well below the level foreseen in the Relocation Decisions.

               (9)

               The Commission has noted the improvements that Greece has made to national legislation to ensure that the new legal provisions of the recast Asylum Procedures Directive 2013/32/EU of the European Parliament and of the Council (13) and some of the recast Reception Conditions Directive 2013/33/EU of the European Parliament and of the Council (14) have been transposed. A new law (Law 4375/2016) was adopted by the Greek Parliament on 3 April 2016, but not all provisions have entered into force (15). On 22 June 2016, the Parliament approved an amendment to the Law 4375/2016 which, inter alia, modified the composition of the Appeals Committees and the right of asylum seekers to an oral hearing before them (Law 4399/2016) (16). On 31 August 2016, the Greek Parliament also adopted a law regarding school-aged refugee children residing in Greece (Law 4415/2016) (17).

               (10)

               Since the adoption of the two Recommendations, Greece has significantly increased its overall reception capacity for both irregular migrants and applicants for international protection. According to the daily information released by the Greek authorities on 14 September 2016, there are 62 987 places available in temporary reception facilities for both irregular migrants and applicants for international protection in Greece (18). On 14 July 2016, Greece informed the Commission that it is ‘in a position to provide shelter, food and all basic services to the overwhelming majority of irregular migrants and asylum seekers stranded in Greece’ and that it is engaged to ‘provide adequate standard of living for the whole refugee population’.

               (11)

               Furthermore, Greece also provided information on 14 July about the plan to increase the accommodation for vulnerable applicants, in particular for unaccompanied minors. The intention was to establish 700 more places by the end of summer, in addition to the 622 places that existed in July, as well as to use separate spaces within the current sites with the help of EU financial support until new sites for unaccompanied minors are identified. However, this target was not attained: on 19 September 2016 Greece informed the Commission that 891 places are available in shelters for unaccompanied minors. These facilities are currently full and there is a waiting list for 1 487 unaccompanied minors who need to be placed in appropriate facilities (19). The progress is, therefore, slow in this area, and it is clear that Greece needs to step up its efforts to ensure that an appropriate number of reception facilities for unaccompanied minors are in place and deal with the demand for such accommodation.

               (12)

               Moreover, there are serious challenges as regards new arrivals in the Aegean islands. Maximum reception capacity remains 7 450 while the total number of registered migrants on the islands was 13 863 as of 27 September 2016. The reduced — though continuous — pace of new arrivals leads to safety, security and hygiene concerns, as well as inappropriate conditions for vulnerable groups.

               (13)

               Furthermore, the majority of the facilities in Greece are only temporary facilities and some provide only the most basic reception conditions for those who are accommodated there, such as food, water, sanitation and basic medical care. Whilst this may be sufficient for a very short period until individuals can be moved to better facilities, the conditions in some facilities still fall far short of the requirements stipulated in the Reception Conditions Directive 2013/33/EU for applicants for international protection.

               (14)

               In January 2016, a Delegation Agreement for a total of EUR 80 million was signed between the Commission and the UNHCR in order to establish 20 000 places in open accommodation (rental apartment schemes, hotel vouchers and family host programmes) primarily for the benefit of applicants for international protection eligible for relocation (20). The Delegation Agreement was revised in July 2016 in order to include in the accommodation scheme also the possibility to establish places in relocation sites managed by UNHCR, and to make it clearer in the text that the target group of the accommodation scheme includes not only relocation candidates but also other asylum seekers. Since June, the accommodation places available have been significantly increased (by around 5 600). Out of the 20 000 places committed for applicants eligible for relocation under the rental scheme by the UNHCR in December 2015, as of 19 September, 12 045 places were available, including 3 404 places in hotels/entire buildings, 6 559 places in apartments, 385 places in host families, and 507 places in dedicated facilities for unaccompanied minors (21).

               (15)

               It follows from the above that Greece still needs to make progress in establishing sufficient and adequate dedicated permanent open reception capacity for asylum applicants which is of an appropriate standard. According to the information given by Greece in a letter of 25 August, the total planned capacity of the 39 permanent sites in the mainland is estimated to be around 32 700 places. In the letter of 19 September, Greece affirmed that these new sites that meet dignified living conditions according to the EU standards have been identified and will be fully refurbished. It is imperative to effectively implement these plans as a matter of urgency, and given that some temporary facilities will be transformed into permanent ones, a sufficient capacity in terms of temporary facilities to accommodate any shortfall in capacity resulting from unexpected inflows is also maintained. Furthermore, as requested in the second Recommendation, it is necessary that the Greek authorities provide more exact data on the reception capacity and a comprehensive and continuously updated needs assessment in terms of total reception capacity and the nature of that capacity.

               (16)

               Substantial improvements have been noted for the establishment of the Regional Asylum Offices. Greece's law provides for the establishment of Regional Asylum Offices in the regions of Attica, Thessaloniki, Thrace, Epirus, Thessaly, Western Greece, Crete, Lesvos, Chios, Samos, Leros and Rhodes (22). By decision of the Director of the Asylum Service it is also possible to set up Autonomous Asylum Units in order to cover increased needs of the Asylum Service. So far eight Regional Offices have become operational in the regions of Attica, Thrace, Thessaloniki, Lesvos, Samos, and Rhodes. Furthermore, two additional asylum units in Chios and Kos have been established, bringing the total number of asylum units to five. As the law stipulates, a further three Regional Asylum Offices are to become operational in the area of Kos, Epirus (Ioannina), Crete (Heraklio) and Thessaly (Volos). In addition, the Asylum Unit in Western Greece (Patra) is required to be upgraded to a Regional Asylum Office. A dedicated Relocation Unit in Alimos has also been set up and is operational since 26 September 2016.

               (17)

               In their reports, the Greek authorities have also informed the Commission that they were in the process of recruiting more staff for the Asylum Service to increase its processing capacity. According to the information provided on 14 July 2016, there were 350 members of staff working in the Asylum Service at that moment, which was twice as many as in 2015. One third is fixed-term contract staff, funded from different EU and EEA funding sources. The Greek Parliament has approved a further 300 posts for permanent members of staff to be hired over the forthcoming months. This is in addition to the fixed-term staff hired by the UNHCR and the Member States' experts deployed via EASO to the Greek Asylum Service for a fixed period.

               (18)

               In order to deal with the asylum applications lodged by the newly pre-registered asylum seekers, the Asylum Service is planning to recruit gradually from mid-September to mid-November 177 new staff to increase lodging and processing capacity accordingly: 56 officers will register applicants eligible for relocation, 25 officers will register applications falling under the scope of the Dublin Regulation, 7 officers will deal with the manifestly unfounded cases in an accelerated procedure, 60 officers will register and process applications for international protection under the regular procedure, and 29 officers will be deployed to various tasks of administrative and statistical nature.

               (19)

               Given the very significant increase in the number of asylum seekers channelled into the asylum procedure in Greece, it is clear that the current and planned staffing levels for the Asylum Service still fall far short of what is required to process the current and likely future case-load in an adequate manner, in particular as Greece has indicated in July that the examination of the applications lodged could take up to 3 years. The Greek authorities stated in the letter of 14 July 2016 that more rapid expansion of staffing is not feasible due to the lack of senior staff to train, mentor and supervise newly recruited ones. However, it would be important to ensure that the Asylum Service is further reinforced with substantially more staff and material resources for it to be able to process the increased number of asylum applications. To that end, a comprehensive and continuously updated needs assessment should be carried out that takes into account the number of asylum applications that is currently pending and that is likely to be handled by the Greek Asylum Service at any one time and the number of available staff required or likely to be required to process those applications. This will not only allow to estimate the human resources needed for the Asylum Service but also to assess how the Commission, its Agencies and also the Member States could best assist Greece in dealing with these applications in a shorter time limit.

               (20)

               In accordance with the M.S.S judgment, asylum seekers must be able to have an effective access to remedy against a negative decision on their claim. Important progress has been made in this regard. The Appeals Authority and Appeals Committees were established by Law 4375/2016 adopted in April 2016. An appropriate number of Appeals Committees should be established to allow the Appeals Authority to be fully functional by the end of 2016.

               (21)

               The recently adopted Law 4399/2016 establishes new Appeals Committees. They are responsible for examining all appeals against decisions of the Greek Asylum Service lodged as of 24 June 2016. As a priority, the Appeals Committees are focusing primarily on cases lodged on the Greek islands, so as to contribute to the implementation of the EU-Turkey Statement. The new Appeals Committees issued their first decisions in mid-August. There are currently five of them. Law 4399/2016 also amended the structure of these Committees which are now composed of three members: two judges of the Administrative Court and one Greek citizen with relevant background and experience to be put forward by UNHCR or the National Committee for Human Rights.

               (22)

               The old ‘Backlog’ Appeal Committees that were established to hear asylum appeals from Greece's backlog of cases had been initially given an additional mandate to hear, in addition to substantive appeals on first instance decisions, the appeals against the decisions based on grounds of admissibility as part of the EU-Turkey Statement. The creation of additional Appeals Committees in June should alleviate the burden of the 20 ‘Backlog’ Appeal Committees allowing them to accelerate the pace of the proceedings of the backlog appeal cases.

               (23)

               More progress has been made on the long-standing backlog of appeals under the ‘old procedure’ regulated by Presidential Decree 114/2010. The current backlog stands at approximately 8 075 cases as of 21 September 2016 (down from a total of approximately 51 000 cases that were considered as part of the backlog at the beginning of 2013 and approximately 13 975 cases in June 2016). The Greek authorities have granted permits for humanitarian purposes to persons whose applications for asylum have been pending for a considerable time and who are eligible to acquire residence permits on humanitarian or other exceptional grounds, according to the Greek Law 4375/2016. The residence permits are issued for a period of 2 years and can be renewed (23). They provide to beneficiaries the same rights and benefits as to those granted subsidiary protection status in Greece (24), and these persons are then no longer considered as asylum applicants. Some of the backlog appeals are, however, examined as to their substance. Despite the significant progress made since the first Recommendation, Greece should continue its efforts to clear the backlog of pending appeals in this regard, ensuring that applicants with an outstanding appeal have an opportunity to exercise their right to an effective remedy.

               (24)

               Given the increase in the number of applications made in Greece since the implementation of EU-Turkey Statement, a fully staffed Appeals Authority, capable of handling an expected significant increase in the number of appeals, is all the more essential. A continuous needs assessment should also be carried out on the basis of the number of appeals that is currently pending in the different appeal bodies and that is likely to be handled by them.

               (25)

               The provision of free legal aid has been included in the new law (Law 4375/2016) for applicants at the appeal stage. However, all the measures to implement this law in practice have not yet been taken. A Ministerial Decision implementing the provision for legal aid under Law 4375/2016 was adopted on 9 September 2016, and according to the Greek authorities after the issuance of the decision all necessary steps should be taken quickly to provide free legal aid to all applicants at the appeal stage in Greece. Funding for the implementation of free legal assistance has been secured through their national programme under the Asylum, Migration and Integration Fund (AMIF). Additionally, a grant agreement was awarded to the UNHCR under AMIF emergency assistance funding for the total amount of EUR 30 million (25). This funding is, amongst other things, being used by the UNHCR to provide free legal assistance to applicants for international protection at the appeals stage until the beginning of 2017 when the Greek authorities are expected to put in place their own free legal aid scheme. On 19 September, Greece informed the Commission that the roster of lawyers to be maintained by the Asylum Service will be established by early 2017. Greece should take the necessary steps to guarantee the right to free legal aid in the asylum procedure without delay.

               (26)

               The new Law 4375/2016 provides for a new Directorate for Reception and a Directorate for Social Integration that both include specialised departments for the reception and integration of unaccompanied minors within the Ministry of Interior and Administrative Reconstruction, including the provision of a legal representative. Despite this, implementing measures still need to be adopted by the Greek authorities to ensure that appropriate procedural guarantees and reception conditions are provided in practice to unaccompanied minors. While a Ministerial Decision concerning the age assessment of unaccompanied minors seeking asylum has already been adopted by the Greek government (26), a further Presidential Decree that should include provisions for an efficient guardianship system still needs to be adopted.

               (27)

               NGOs have expressed concerns regarding the fact that many children in Greece are unable to access education. Progress in this respect was made by the adoption of Law 4415/2016 in August 2016 which aims, inter alia, at securing psychosocial support and education for the children of asylum seekers, as well as the smooth integration in the Greek educational system of those who will remain in Greece, following a preparatory, transitional period. It is essential that this legal framework is effectively and fully implemented as a matter of urgency. Moreover, according to certain NGOs, the situation for unaccompanied minors is in general precarious, with some citing that children are still held in detention for prolonged periods in crowded and unsanitary conditions without a representative or access to legal aid, until appropriate accommodation can be found for them (27). As stated in Recital 11, the lack of appropriate accommodation for minors is an important problem which still needs to be urgently remedied.

               (28)

               The European Commission has provided substantial funding to Greece to support the country in its efforts to bring its asylum management system up to EU standards. Since the beginning of 2015, more than EUR 352 million in emergency assistance has been awarded through Home Affairs Funds (AMIF and Internal Security Fund (ISF)) to Greece, either directly to the Greek authorities or through Union Agencies and international organisations operating in Greece. Out of this amount, some EUR 90 million was directly awarded to the Greek authorities in July 2016 to strengthen their capacities to improve living conditions and provide primary healthcare services at refugee accommodation centres, as well as to provide reception and healthcare services to the migrants. Substantial funding (approximately EUR 198 million) aiming at covering the migrants' and refugees' basic humanitarian needs is also being provided to humanitarian partner organisations through the recently created Emergency Support Instrument. This funding contributes to the implementation of the emergency response plan developed together by the Commission, the Greek authorities and relevant stakeholders to address the ongoing humanitarian situation on the ground and the implementation of the EU-Turkey Statement.

               (29)

               This emergency assistance comes on top of the EUR 509 million allocated to Greece for the period 2014-2020 through its national programmes under the AMIF and ISF Funds, thus making Greece the first beneficiary of EU Home Affairs funds amongst EU Member States.

               (30)

               Greece should ensure that such financial resources are fully used in the most efficient and effective manner and without further delay. For that purpose, the ongoing revision of Greece's national programmes under the Home Affairs funds (AMIF, ISF) to adjust them to the new priorities should be urgently completed. The revision of the AMIF national programme is almost complete, with few outstanding issues still to be addressed before the approval process, which is expected to be launched very soon As regards the revision of the ISF national programme, which is less advanced, a revised version of the programme should be urgently submitted to the Commission for formal consultation. In relation to the authority responsible for the management of those funds, which has been transferred from the Ministry of Interior and Administrative Reconstruction to the Ministry of Economy, Development and Tourism, Greece should now notify, without further delay, the completion of the formal designation of the new Responsible Authority, in accordance with the requirements set in the legal basis.

               (31)

               As acknowledged in the Commission's Communication of 4 March 2016 on ‘Back to Schengen’ (28), ensuring a fully functioning Dublin system is an indispensable part of the wider efforts needed to stabilise the asylum, migration and border policy. These efforts should lead to a return to a normal functioning of the Schengen area. It is therefore important that Greece takes as a matter of urgency the outstanding actions identified in this Recommendation. At the same time, reforming the Dublin rules as proposed by the Commission (29), based on the objective of solidarity and fair burden-sharing between Member States, should be a priority. Negotiations on this proposal are ongoing.

               (32)

               Regular reporting by Greece on the progress being made in implementing these actions, as well as other relevant elements including any forthcoming information obtained from UNCHR and other relevant organisations, will be essential in order to make a proper assessment of whether the conditions are such as to allow for Member States to resume individual transfers to Greece under the Dublin Regulation, bearing in mind that the volume of transfers and the categories of persons to be transferred should correspond to the specific progress made. Greece should provide an updated report by 31 October 2016 as set out in this Recommendation.

               (33)

               The Commission acknowledges the important progress made by Greece, assisted by the Commission, the European Asylum Support Office (EASO), Member States and international and non-governmental organisations (NGOs), to improve the functioning of the Greek asylum system since the adoption of the two Recommendations. Greece has made significant efforts to put in place the essential institutional and legal structures for a properly functioning asylum system. The Commission recognises in particular that Greece has taken important steps to channel most of the irregular migrants either to the asylum or to the return procedure by the pre-registration exercise. Greece has also increased the overall reception capacity and the capacity of the Asylum Service, reduced significantly the backlog of appeals and established new Appeals Committees as well as adopted a legal framework on free legal aid and on access of minors to state education.

               (34)

               However, Greece is still facing a challenging situation in dealing with a large number of new asylum applicants, notably arising from the implementation of the pre-registration exercise and the continuing irregular arrivals of migrants, albeit at lower levels than before March 2016. There are moreover further important steps to be taken to remedy the remaining systemic deficiencies in the Greek asylum system, in particular given the capacity shortfalls. On the basis of the further progress achieved, a future resumption of transfers to Greece under the Dublin Regulation should take account of the impact this challenging situation has on the overall functioning of the asylum system, and should therefore start gradually, on a case by case basis. In this regard, it should be avoided that an unsustainable burden is placed on Greece.

               (35)

               This Recommendation sets out the measures that need to be taken or sustained by the Greek authorities in view of recommending such a gradual resumption of Dublin transfers by the end of December 2016. With this objective in mind, Greece should urgently take all of the steps set out in this Recommendation. The Commission envisages taking stock of the progress made in this regard and issuing further recommendations in December 2016. Those recommendations could set out what the Commission considers would be the appropriate scope and nature of such a gradual resumption of Dublin transfers, taking into account in particular the specific needs of vulnerable applicants, and regarding the manner in which the process could be managed, in close cooperation with the Greek authorities.

               (36)

               The responsibility for deciding on such resumption of transfers in individual cases lies exclusively with Member States' authorities under the control of the courts, which may make preliminary references to the European Court of Justice on the interpretation of the Dublin Regulation,

         HAS ADOPTED THIS RECOMMENDATION:

      Reception conditions and facilities

               1.

               Greece should continue its efforts to ensure that the reception facilities are sufficient for accommodating all the applicants for international protection on its territory and that the reception conditions in all these reception facilities meet the standards set out in EU law, notably Directive 2013/33/EU. As a high priority Greece should:

                           (a)

                           implement fully the plans concerning the permanent open reception facilities that are capable of accommodating all applicants for international protection it receives or is likely to receive, and their dependants, for the duration of the asylum process;

                           (b)

                           create the necessary additional accommodation places for unaccompanied minors, in order to ensure that all unaccompanied asylum seeking minors are immediately placed in suitable accommodation and are not kept in sub-standard conditions in detention, and ensure those facilities are sustained;

                           (c)

                           effectively implement the new legislation concerning access of minors to the state education system for the duration of the asylum procedure;

                           (d)

                           ensure that applicants receive the necessary health care, which include at least emergency health care and essential treatment of illnesses and of serious mental disorders.

                     Greece should also ensure that, in addition to the permanent facilities, an appropriate number of temporary open reception facilities is kept available, or can be made available at short notice, to allow for the accommodation of unexpected inflows of applicants for international protection and their dependants in adequate conditions.
               The Greek authorities should carry out a comprehensive needs assessment in terms of total reception capacity required, and the nature of that capacity, and continuously update this assessment in the light of new developments. The Greek authorities should also ensure effective and continuous management and coordination of all reception facilities, including the hotspots, and ensure that the responsible ministries have adequate resources for this purpose.

      Access to and resources for the first instance asylum procedure

               2.

               Greece should continue its efforts to ensure that all applicants for international protection have effective access to the asylum procedure in particular by:

                           (a)

                           identifying how many members of staff the Asylum Service is likely to require to process the intake of asylum applications within the deadlines specified in the Asylum Procedures Directive 2013/32/EU;

                           (b)

                           urgently step up the recruitment of staff to the Asylum service in order to be able to, as soon as possible, deal efficiently and timely with all the applications for international protection;

                           (c)

                           establishing additional Regional Asylum Offices in the region Leros and Crete (Heraklio), Thessaly and Epirus (Volos and Ioannina) and upgrading the currently operational Asylum Units in Leros and Western Greece (Patra) to Regional Asylum Offices as the law stipulates.

                     The needs assessment referred to in point (a) should be continuously updated and contain information on the number of staff recruited.

      Appeals Authority

               3.

               Greece should continue its efforts to ensure that effective remedy is available to all applicants for international protection, in particular by ensuring:

                           (a)

                           the full functioning of the new Appeals Authority by establishing the appropriate number of Appeals Committees;

                           (b)

                           the adequate human resources for the Appeals Authority and the committees, in order to deal with all pending and likely future appeals, including the appeals within the framework of the EU-Turkey Statement;

                           (c)

                           the clearance of all pending requests for judicial review of administrative decisions that are currently outstanding as soon as possible and in any event by the end of 2016.

                     The Greek authorities should identify, on the basis of a full and continuous needs assessment, the number of Appeals Committees under the new Appeals Authority that are needed in order to examine all appeals submitted by applicants for international protection and the number of human resources to continue the smooth-functioning of those Committees.

      Legal aid

               4.

               Greece should ensure that the legal framework concerning access to free legal aid is effective in practice and that all asylum applicants are provided with the necessary legal assistance for judicial review of administrative decisions on applications for international protection. In particular, Greece should:

                           (a)

                           effectively implement the Ministerial Decision for the provision of free legal aid services;

                           (b)

                           swiftly establish a contract for a register of lawyers who can provide these services to applicants at the appeal stage in Greece.

      Treatment of unaccompanied minors and vulnerable persons during the asylum procedure

               5.

               Greece should ensure the establishment of appropriate structures for the identification and treatment of vulnerable applicants, including unaccompanied minors. In particular Greece should:

                           (a)

                           urgently put in place a suitable guardianship procedure by adopting the necessary Presidential Decree for implementing the relevant provisions under Law 4375/2016;

                           (b)

                           establish and recruit the necessary staff for the Directorate for Reception and the Department for the protection of unaccompanied minors in order to urgently provide the necessary guarantees under the asylum acquis for family tracing, and legal representation;

                           (c)

                           ensure the procedures for identifying applicants with special procedural and reception needs are implemented in practice so that these applicants are provided with the necessary psychosocial support, particularly where they may have been victims of sexual violence and exploitation or trafficking.

      Use of EU funding under national programmes

               6.

               Greece should ensure that the substantial EU funding being provided is fully used, notably by mobilising without further delay the resources available under its AMIF and ISF national programmes and exploring complementary funding from Structural Funds. In this context, Greece should urgently complete the ongoing revision of the national programmes, to better adjust them to the new priorities, and notify without delay, the completion of the formal designation of the new Responsible Authority, in accordance with the requirements set in the legal basis.

      Reporting on Actions Taken

               7.

               Greece is requested to provide, by 31 October 2016, a report covering the progress in implementing this Recommendation and the Recommendations of 15 June and of 10 February 2016. The report should in particular include a description of the actions taken to implement the outstanding shortcomings identified in this Recommendation, including how the Greek authorities have, or plan to, put in place the necessary human and material resources referred to in paragraphs 1 to 5 of this recommendation. These reports should also include a description of the continuous needs assessments referred to in paragraphs 1 to 3 of this recommendation. The report should also include the following information:

                           (a)

                           the total current and planned permanent and temporary reception capacity for hosting applicants for international protection and the nature of that capacity;

                           (b)

                           the total number of asylum applications pending at first instance;

                           (c)

                           comprehensive data on all pending appeals, and issued decisions at second instance, including admissibility cases, by both the New Appeals Committees and the Backlog Appeal Committees;

                           (d)

                           the total number of current and planned staff for processing asylum applications registered with the Asylum Service and for the Directorate for Reception; and

                           (e)

                           the total current and planned number of staff and the number of Committees which the Appeals Authority has progressively made operational.

      Done at Brussels, 28 September 2016.

            For the Commission

         Dimitris AVRAMOPOULOS

            Member of the Commission

      (1)  Regulation (EU) No 604/2013 of the European Parliament and of the Council of 26 June 2013 establishing the criteria and mechanisms for determining the Member State responsible for examining an application for international protection lodged in one of the Member States by a third-country national or a stateless person (OJ L 180, 29.6.2013, p. 31).

      (2)  M.S.S v Belgium and Greece (no 30696/09) and NS v Secretary of State for the Home Department C-411/10 & C-493/10.

      (3)  Council Regulation (EC) No 343/2003 of 18 February 2003 establishing the criteria and mechanisms for determining the Member State responsible for examining an asylum application lodged in one of the Member States by a third-country national (OJ L 50, 25.2.2003, p. 1) (which has been replaced by Regulation (EU) No 604/2013).

      (4)  Frontex data of 12 September 2016.

      (5)  EU-Turkey Statement, 18 March 2016.

      (6)  See the Commission reports on the progress made in the implementation of the EU-Turkey Statement, http://ec.europa.eu/dgs/home-affairs/what-we-do/policies/european-agenda-migration/proposal-implementation-package/index_en.htm

      (7)  http://www.media.gov.gr/index.php, accessed on 27 September 2016.

      (8)  Communication from the Commission to the European Parliament, the European Council and the Council, Sixth Report on Relocation and Resettlement, COM(2016) 636 final.

      (9)  Commission Recommendation of 10 February 2016 addressed to the Hellenic Republic on the urgent measures to be taken by Greece in view of the resumption of transfers under Regulation (EU) No 604/2013 — C(2016) 871 final.

      (10)  Commission Recommendation of 15 June 2016 addressed to the Hellenic Republic on the urgent measures to be taken by Greece in view of the resumption of transfers under Regulation (EU) No 604/2013 — C(2016) 3805 final.

      (11)  http://asylo.gov.gr/en/wp-content/uploads/2016/08/EN-01.08.2016-Press-Release-end-pre-registration.pdf

      (12)  http://asylo.gov.gr/en/wp-content/uploads/2016/08/Preregistration-data_template_5_EN_EXTERNAL.pdf

      (13)  Directive 2013/32/EU of the European Parliament and of the Council of 26 June 2013 on common procedures for granting and withdrawing international protection (OJ L 180, 29.6.2013, p. 60).

      (14)  Directive 2013/33/EU of the European Parliament and of the Council of 26 June 2013 laying down standards for the reception of applicants for international protection (OJ L 180, 29.6.2013, p. 96).

      (15)  ‘Law 4375/2016 on the Structure and Operation of the Asylum Service, The Appeals' Authority and the Reception and Identification Service, the establishment of a General Secretariat for Reception, the transposition into Greek legislation of Directive 2013/32/EU of the European Parliament and the Council of 26 June 2013 on common procedures for granting and withdrawing international protection (recast) and other provisions’, available at: http://www.hellenicparliament.gr/UserFiles/bcc26661-143b-4f2d-8916-0e0e66ba4c50/o-prosf-pap.pdf
   Implementing acts in the form of Ministerial or Co-Ministerial Decisions need to be adopted in order for the Greek authorities to be able to implement the Law in its entirety.

      (16)  http://www.asylumineurope.org/sites/default/files/resources/n_4399.2016.pdf

      (17)  https://www.alfavita.gr/sites/default/files/attachments/fek_ellinoglosi.pdf

      (18)  http://www.media.gov.gr/index.php
   http://rrse-smi.maps.arcgis.com/apps/MapSeries/index.html?appid=d5f377f7f6f2418b8ebadaae638df2e1
   These temporary emergency and permanent facilities are established on the Aegean islands in the hotspots as well as on the mainland.

      (19)  http://data.unhcr.org/mediterranean/country.php?id=83

      (20)  While priority will be given to applicants eligible for relocation, the activities will also benefit applicants for international protection who are awaiting to be reunified with family members under the Dublin Regulation in another EU Member State and persons seeking asylum in Greece, particularly of vulnerable categories including unaccompanied and separated children, persons with disabilities, elderly, single parents, chronically ill, pregnant women, etc.

      (21)  http://data.unhcr.org/mediterranean/country.php?id=83

      (22)  Article 1(3) of Law 4375/2016.

      (23)  Article 22(3), Law 4375/2016.

      (24)  Article 28, Presidential Decree 114/2010.

      (25)  The grant agreement was signed on 15 July 2016.

      (26)  Ministerial Decision 1982/16.2.2016 (Official Gazette, B' 335).

      (27)  Human Rights Watch, ‘Why Are You Keeping Me Here?’, September 2016 https://www.hrw.org/sites/default/files/report_pdf/greece0916_web.pdf

      (28)  Communication from the Commission to The European Parliament, The European Council and The Council, ‘Back to Schengen — A Roadmap’, COM(2016) 120 final, 4 March 2016.

      (29)  COM (2016) 270 final.


title: Commission Recommendation No 433/79/ECSC of 27 February 1979 imposing a provisional anti-dumping duty on certain sheets and plates of iron or steel originating in Spain and repealing certain suspended anti-dumping duties

text:
3 . 3 . 79                                Official Journal of the European Communities                               No L 53/21
                                 COMMISSION RECOMMENDATION No 433 /79/ ECSC
                                                          of 27 February 1979
                imposing a provisional anti-dumping duty on certain sheets and plates of iron
                or steel originating in Spain and repealing certain suspended anti-dumping
                                                                   duties
THE COMMISSION OF THE EUROPEAN                                           Whereas these arrangements expired on 31 December
COMMUNITIES,                                                              1978 and have been or are on the point of being
                                                                          renewed with most of the supplying countries, with
Having regard to the Treaty establishing the European                     the exception of Spain ;
Coal and Steel Community, and in particular Articles
74 and 86 thereof,                                                       Whereas the Commission has ascertained that the
                                                                          prices of imports into the Community of the products
Having regard to Commission recommendation                                in question originating in Spain are again below the
77/329/ECSC on protection against dumping or the                          basic prices published by the Commission for these
granting of bounties or subsidies by countries which                      same products ; whereas it appears from a preliminary
are not members of the European Coal and Steel                            examination that dumping exists ;
Community ('), as amended by recommendations No
3004/77/ ECSC (2) and No 158 /79/ ECSC (3), and in                       Whereas, with regard to the injury to the industry
particular Articles 15 and 19 thereof,                                    concerned, the evidence submitted to the Commis
                                                                          sion shows that, on the one hand, the imports into the
Having heard the opinions expressed within the Advi                      Community of the products in question originating in
sory Committee provided for by recommendation                            Japan, Czechoslovakia, Sweden, Romania, Austria,
77/ 329 / ECSC ,
                                                                          Finland, Poland, Hungary, Bulgaria, the German
Whereas the Community has published basic                                 Democratic Republic and Australia have increased
                                                                          from 1 062 000 tonnes in 1974 to 1 460 000 tonnes in
prices (4) established on the basis of the lowest normal
prices or normal costs of production in the supplying                     1977, while the imports originating in Spain have
country or countries where normal conditions of                           increased from approximately 18 000 to 96 000 tonnes
competition prevail and including the costs of trans                     during the same period ; whereas imports from the
port, insurance and customs duties ;                                      abovementioned countries into the Community have
                                                                          thus achieved a market share of 15-1 % and the
Whereas the Community, having ascertained that                            imports originating in Spain a market share of 1-0 % ;
there was undercutting of these basic prices on the                       whereas in 1978 the evolution of imports was influ
part of exporters from Spain and other supplying                          enced by anti-dumping measures and the conclusion
countries of the products mentioned in Article 1 of                       of arrangements with respect to trade in steel products
this recommendation from which material injury has                        between the Community and most of the supplying
resulted, has, by means of recommendation No 1704/                        countries ; whereas, however, Spain has been able to
78 /ECSC (5), modified by means of recommendation                         keep a significant market share, which, after the expi
No 3140/78 / ECSC (6), imposed a definitive anti                         ration of the abovementioned arrangement, threatens
dumping duty on the products in question ;                                to increase again in 1979 ; whereas, on the other hand,
                                                                          the Community steel industry is in a state of crisis
Whereas certain arrangements with respect to trade in                     characterized by a reduction in the region of 35 % in
steel products were concuded in 1978 between the                          deliveries in the Community of the products
Community and the most important supplying coun                          concerned between 1974 and 1978 and by the
tries, including Spain, a solution which the Commis                      number of employees affected by redundancies and
sion considers satisfactory ;                                             short-time working in the firms concerned which has
                                                                          decreased from 780 000 to 675 000 between 1974 and
Whereas, in        this situation , the        Commission       has        1978 ; whereas finally the steel industry showed
suspended the definitive anti-dumping duty by means                       reduced profits or serious losses in most of the firms
of recommendation No 1704/ 78 / ECSC ;                                    concerned ;
(') OJ No L 114, 5 . 5 . 1977 , p. 6 .                                    Whereas the prices of imports into the Community of
(2) OJ No L 352, 31 . 12. 1977, p . 13 .                                  products which originate in Spain are considerably
(3) OJ No L 21 , 30 . 1 . 1979 , p. 14 .
(4) See Commission publication of 31 December 1977                        lower than the prices for sales within the Community
    concerning the basic price of certain steel products (OJ              of the steel products made by the European industry ;
    No L 353 , 31 . 12 . 1977 , p. 1 ), modified by publications of       whereas this undercutting prevents the European
    1 April 1978 (OJ No L 87, p. 4), 13 May 1978 (OJ No L                 producers from obtaining the guidance price and
    126, p. 5) and 5 July 1978 (OJ No L 183 , p. 3) and of 30
    December 1978 (OJ No L 372, p. 2).                                    jeopardizes the equilibrium of the whole price system ,
(5) OJ No L 195, 20 . 7 . 1978 , p. 17 .                                  both in so far as it concerns the European producers
0) OJ No L 372, 30 . 12 . 1978 , p. 1 .                                   and the producers in those other supplying countries
 ---pagebreak--- No L 53/22                        Official Journal of the European Communities                                3 . 3 . 79
which have renewed the arrangements with respect to         3. The amount of this duty shall, however, be
trade in steel products ; whereas, consequently, these       reduced to the extent that the importer establishes to
imports are causing or threaten to cause a new ma           the satisfaction of the competent national authorities
terial injury to the Community industry or to a major        that the price differential referred to in paragraph 2
part thereof ;                                              above is due to a diminution in value resulting from
                                                             the fact that the quality of these products is inferior to
Whereas immediate action has been requested by a             the lowest quality described in the last publication of
Member State ;
                                                             basic prices by the Commission.
Whereas, because of the serious conditions being expe
                                                             4.    This duty shall be collected on the same basis as
rienced by the Community iron and steel industry,            customs duties.
the interests of the Community require immediate
action ;
                                                                                Article 2
Whereas it is for the Commission, without prejudice
to the results of the investigation opened in accor         The entry of the products described in Article 1 for
dance with Article 11 of recommendation 77/329/              consumption within the Community shall be condi
ECSC, to decide promptly to apply provisional                tional upon the deposit of a security for the amount of
measures consisting of the imposition of a provisional       the provisional duty.
anti-dumping duty on imports of the products
concerned originating in Spain, the rate of which                                    Article 3
corresponds to the difference between the basic price
published by the Commission for these products and           The definitive anti-dumping duties imposed and
their import price into the Community,                       suspended by recommendations No 1704/78/ECSC
                                                             and No 1758/78/ECSC (') are repealed in so far as
HAS ADOPTED THIS RECOMMENDATION :                            they apply to imports originating in Spain .
                       Article 1                                                      Article 4
 1 . A provisional anti-dumping duty is hereby               This recommendation is addressed to the Member
imposed on the following products originating in             States.
Spain :
                                                             It will come into effect in each Member State from
Sheets and plates of iron or steel other than electrical,
not further worked than hot-rolled, of a thickness of 2      the date of its publication in the Official Journal of
mm or more (Common Customs Tariff subheading                  the European Communities.
73.13 B I a), NIMEXE codes 73.13-17, 19, 21 , 23, 26). '
2. The amount of this duty shall be the amount by            Done at Brussels, 27 February 1979.
which the effective price (basic price plus extras) esta
blished by contract, free frontier duty-paid, is lower
                                                                                For the Commission
than the effective price (basic price plus extras) for
these products most recently published by the                                           Étienne DAVIGNON
Commission at the time of its entry for consumption
within the Community.                                                               Member of the Commission
                                                             (') OJ No L 203, 27. 7. 1978 , p. 28 .


title: Council Recommendation of 12 July 2016 on the 2016 National Reform Programme of the Czech Republic and delivering a Council opinion on the 2016 Convergence Programme of the Czech Republic

text:
               18.8.2016

               EN

               Official Journal of the European Union

               C 299/23

         COUNCIL RECOMMENDATION
   of 12 July 2016
   on the 2016 National Reform Programme of the Czech Republic and delivering a Council opinion on the 2016 Convergence Programme of the Czech Republic
   (2016/C 299/06)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Articles 121(2) and 148(4) thereof,
   Having regard to Council Regulation (EC) No 1466/97 of 7 July 1997 on the strengthening of the surveillance of budgetary positions and the surveillance and coordination of economic policies (1), and in particular Article 9(2) thereof,
   Having regard to the recommendation of the European Commission,
   Having regard to the resolutions of the European Parliament,
   Having regard to the conclusions of the European Council,
   Having regard to the opinion of the Employment Committee,
   Having regard to the opinion of the Economic and Financial Committee,
   Having regard to the opinion of the Social Protection Committee,
   Having regard to the opinion of the Economic Policy Committee,
   Whereas:

               (1)

               On 26 November 2015, the Commission adopted the Annual Growth Survey, marking the start of the 2016 European Semester for economic policy coordination. The priorities of the Annual Growth Survey were endorsed by the European Council on 17-18 March 2016. On 26 November 2015, on the basis of Regulation (EU) No 1176/2011 of the European Parliament and of the Council (2), the Commission adopted the Alert Mechanism Report, in which it did not identify Czech Republic as one of the Member States for which an in-depth review would be carried out.

               (2)

               The 2016 country report for the Czech Republic was published on 26 February 2016. It assessed the Czech Republic's progress in addressing the country-specific recommendations adopted by the Council on 14 July 2015 and the Czech Republic's progress towards its national Europe 2020 targets.

               (3)

               On 11 May 2016, the Czech Republic submitted its 2016 Convergence Programme and on 12 May it submitted its 2016 National Reform Programme. In order to take account of their interlinkages, the two programmes have been assessed at the same time.

               (4)

               Relevant country-specific recommendations have been addressed in the programming of the European Structural and Investment Funds for the 2014-2020 period. As foreseen in Article 23 of Regulation (EU) No 1303/2013 of the European Parliament and of the Council (3), where it is necessary to support the implementation of relevant Council recommendations, the Commission may request a Member State to review and propose amendments to its Partnership Agreement and relevant programmes. The Commission has provided further details on how it would make use of this provision in guidelines on the application of the measures linking effectiveness of the European Structural and Investment Funds to sound economic governance.

               (5)

               The Czech Republic is currently in the preventive arm of the Stability and Growth Pact. In its 2016 Convergence Programme, the Government plans a slight deterioration in the headline balance to -0,6 % of GDP in 2016 and a broad stabilisation at -0,5 % of GDP as of 2017. The medium-term budgetary objective — a structural deficit of 1 % of GDP — continues to be met over the programme horizon. According to the Convergence Programme, the government debt-to-GDP ratio is expected to remain at 41,1 % in 2016 and to fall to 39,3 % in 2019. The macroeconomic scenario underpinning these budgetary projections is plausible. The measures needed to support the planned deficit targets from 2017 onwards have not been sufficiently specified. Based on the Commission 2016 spring forecast, the structural balance is forecast to be at -0,7 % in 2016 and -0,9 % of GDP in 2017, above the medium-term budgetary objective. Possible future deviations would be assessed against the requirement to maintain the structural balance at the medium-term budgetary objective. Based on its assessment of the Convergence Programme and taking into account the Commission 2016 spring forecast, the Council is of the opinion that the Czech Republic is expected to comply with the provisions of the Stability and Growth Pact.

               (6)

               In the long term, there are medium fiscal sustainability risks for the Czech Republic. These are derived primarily from the projected impact of age-related public spending, mainly in healthcare but also in pensions. Recently adopted or planned measures to amend the pension system would, if implemented, lead to a deterioration of public finances in the long term. First, in February 2016, the Government adopted legislation giving it the power to adjust the pension indexation mechanism more flexibly. Second, proposals are under discussion to cap the statutory retirement age at 65 and establish a regular review mechanism for the pensionable age. There are currently no plans to increase the low statutory retirement age. On healthcare, the projected increase in long-term spending is also a matter of concern. The Czech Republic faces challenges in improving the governance and cost-effectiveness of its healthcare system, although a number of measures are currently at various stages of implementation. Indicators point to a high consumption of goods and services and to a comparatively high reliance on hospital-based care, which is more expensive than outpatient services. Available medical data do not appear to be used effectively for the planning and rationalisation of inpatient care capacities. The reimbursement system for hospital care is being reviewed due to various drawbacks, such as the small sample of hospitals used to calculate the reference rates. Options for strengthening outpatient care coordination, improving the gate-keeping role of practitioners and limiting unnecessary consumption of outpatient services have still not been sufficiently explored.

               (7)

               The Czech Republic's fiscal framework ranks among the weakest in the Union. A reform package addressing the main shortcomings in this area was approved by the Government in February 2015 but is still awaiting ratification by the parliament. The package aims to transpose Council Directive 2011/85/EU (4) into national legislation. The proposed reform envisages strengthening expenditure limits and directly linking them to the medium-term budgetary objective. Under the reform, the Government would be required to adopt a budget that safeguards the long-term sustainability of public finances and an independent fiscal council would be set up to monitor public finances and increase transparency.

               (8)

               Investment in the Czech Republic remains below the EU average in per capita terms and is highly concentrated in the capital region. Administrative and regulatory barriers continue to weigh on the efficiency of the business environment and act as a barrier to investment. There are specific bottlenecks in the implementation of transport and energy infrastructure projects. Furthermore, absorption of EU funds during the 2007-2013 programming period was slow, mainly due to complex procedures, deficiencies in management and control systems, inefficiencies in public procurement procedures and the weak administrative capacity of the bodies involved in project implementation. On transport infrastructure, administrative barriers to investment include lengthy procedures for issuing land-use permits and delays resulting from complaint procedures at the anti-monopoly office. On energy efficiency, public programmes to reduce energy intensity have been fragmented and cost-inefficient. There are indications that energy savings are not improving in line with the national energy efficiency action plan. On services, there is some evidence of regulatory restrictiveness. This is the case in particular for some of the individual professional service sectors, for which barriers to entry and practice appear higher than the EU average. The low use of quality online public services also impedes the business environment and reflects deficiencies of supply. E-government services do not take full advantage of technological possibilities to improve the user experience and their level of sophistication is among the lowest in the Union. Available evidence points to a relatively high incidence of tax evasion in the Czech Republic. Tackling this problem, particularly for VAT, is high on the policy agenda. On the other hand, no measures are planned to reduce the relatively high costs associated with paying taxes or to simplify the tax system. Pre-filing services offered by the tax authorities are limited. Taxpayers make limited use of systems to e-file tax returns, although some progress has been made on VAT. Additionally, the costs of tax collection are relatively high, according to the most recent international reports. High employer social contributions contribute to an overall high level of taxation on labour, and diversification into other areas, such as property taxes, is limited.

               (9)

               A number of indicators point to significant weaknesses in public administration. Some progress has been made in adopting the legislative and non-legislative measures in the 2015 anti-corruption plan. The Contract Register Act was approved by the parliament in November 2015. Its timely implementation and further development would improve the transparency and cost-effectiveness of public tenders. However, some of the key anti-corruption acts, such as an amendment to the Act on conflict of interest and a new Act on the financing of political parties, are still outstanding. Several adopted measures are difficult to enforce and have limited impact, while a number of planned measures are repeatedly rolled over to the next action plan. Despite some efforts to address its shortcomings, there is scope for further progress in the performance of the Czech public procurement system with regard to competition and thus value for money. This is partly due to a lack of appropriate training of procurement practitioners and insufficient emphasis on quality criteria when awarding contracts. The public sector relies heavily on non-competitive procedures, with limited ability to attract bidders, while aggregated procurement is seldom used. Nevertheless, the implementation of the newly transposed public procurement directives on modernised public procurement procedures is expected to be an opportunity to introduce a strategic and evidence-based approach to public procurement policy, in terms of professionalisation, aggregation of public purchases, increased focus on quality criteria and the integrity of procurement practitioners.

               (10)

               There has been a significant increase in R & D investment in recent years but outcomes remain weak and there are concerns about the sustainability of R & D infrastructure. The Czech research system is currently in the process of implementing long-delayed but substantial governance reforms, particularly on evaluation and funding. The existing funding mechanism is fragmented, with insufficient coordination between relevant bodies and an unclear division of responsibilities and priorities. A comprehensive evaluation framework for R & D, with links to funding, is being developed but progress is slow. There have been limited efforts to increase links between academia and the business community. These links are weakened by an evaluation framework for public research institutions that does not take into account the level of cooperation with enterprises.

               (11)

               The higher education reform was adopted by the parliament in January 2016. The attractiveness of the teaching profession remains a challenge, with relatively low pay being seen as one of the causes, while at the same time the teacher population is ageing. A new career system for teachers and pedagogical staff is being developed to increase the attractiveness of the profession, but its implementation has been postponed. Educational outcomes are generally good, but they are strongly influenced by students' socioeconomic backgrounds. The low educational outcomes of disadvantaged groups, in particular the Roma community, are a clear concern. It is estimated that a very large proportion of Roma children leave school early. Numerous Roma children receive education outside mainstream schools and as a result face lower learning standards than children from the rest of the population. Training opportunities for teachers to help them deal with this issue are underdeveloped, with a low proportion of teachers taking part in professional development activities related to teaching mixed groups and inclusive education. A significant number of legislative and administrative measures towards inclusive education have been taken and are beginning to be implemented. These are expected to contribute to reducing the gap in educational attainment and achievement between Roma and non-Roma children. The parliament adopted amendments to the Education Act in March 2016, extending compulsory education to the last year of pre-school education and ensuring that younger children are entitled to a place in a kindergarten. Nevertheless, inequalities in the education system represent a barrier to improving the quality of human capital and also hamper labour market outcomes later in life.

               (12)

               The labour market situation in the Czech Republic has improved but further increases in the employment rate will depend on greater participation by under-represented groups. These include women with young children, low-skilled workers and members of the Roma community. The outreach capacities of public employment services, together with appropriate and well-targeted active labour market policies and individualised services, would contribute to increasing the participation of vulnerable groups. The labour market participation of women with young children is hampered by a persistent lack of affordable and quality childcare services, in particular for children up to three years old, and by the limited use of flexible working-time arrangements. Some measures have been taken in recent years to address this shortage but there is scope for more substantial efforts.

               (13)

               In the context of the European Semester, the Commission has carried out a comprehensive analysis of the Czech Republic's economic policy and published it in the 2016 country report. It has also assessed the Convergence Programme and the National Reform Programme and the follow-up given to the recommendations addressed to the Czech Republic in previous years. It has taken into account not only their relevance for sustainable fiscal and socioeconomic policy in the Czech Republic but also their compliance with EU rules and guidance, given the need to strengthen the EU's overall economic governance by providing EU-level input into future national decisions. The recommendations under the European Semester are reflected in recommendations (1) to (3) below.

               (14)

               In the light of this assessment, the Council has examined the Convergence Programme, and is of the opinion (5) that the Czech Republic is expected to comply with the Stability and Growth Pact,

         HEREBY RECOMMENDS that the Czech Republic take action in 2016 and 2017 to:

               1.

               Take measures to ensure the long-term sustainability of public finances, in light of future risks in the area of healthcare. Adopt legislation to strengthen the fiscal framework.

               2.

               Reduce regulatory and administrative barriers to investment, in particular in transport and energy, and increase the availability of e-government services. Adopt the outstanding anti-corruption reforms and improve public procurement practices.

               3.

               Strengthen governance in the R & D system and facilitate the links between academia and enterprises. Raise the attractiveness of the teaching profession and take measures to increase the inclusion of disadvantaged children, including Roma, in mainstream schools and pre-schools. Remove the obstacles to greater labour market participation by under-represented groups, in particular women.

      Done at Brussels, 12 July 2016.

            For the Council

            The President

         P. KAŽIMÍR

      (1)  OJ L 209, 2.8.1997, p. 1.

      (2)  Regulation (EU) No 1176/2011 of the European Parliament and of the Council of 16 November 2011 on the prevention and correction of macroeconomic imbalances (OJ L 306, 23.11.2011, p. 25).

      (3)  Regulation (EU) No 1303/2013 of the European Parliament and of the Council of 17 December 2013 laying down common provisions on the European Regional Development Fund, the European Social Fund, the Cohesion Fund, the European Agricultural Fund for Rural Development and the European Maritime and Fisheries Fund and laying down general provisions on the European Regional Development Fund, the European Social Fund, the Cohesion Fund and the European Maritime and Fisheries Fund and repealing Council Regulation (EC) No 1083/2006 (OJ L 347, 20.12.2013, p. 320).

      (4)  Council Directive 2011/85/EU of 8 November 2011 on budgetary frameworks of the Member States (OJ L 306, 23.11.2011, p. 41).

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


title: Recommendation of the European Central Bank of 30 July 2004 to the Council of the European Union on the external auditor of the Banca d'Italia (ECB/2004/17)

text:
               10.8.2004

               EN

               Official Journal of the European Union

               C 202/1

      RECOMMENDATION OF THE EUROPEAN CENTRAL BANK

   of 30 July 2004
   to the Council of the European Union on the external auditor of the Banca d'Italia
   (ECB/2004/17)
   (2004/C 202/01)
   THE GOVERNING COUNCIL OF THE EUROPEAN CENTRAL BANK,
   Having regard to the Statute of the European System of Central Banks and of the European Central Bank, and in particular Article 27.1 thereof,
   Whereas:

               (1)

               The accounts of the European Central Bank (ECB) and of the national central banks of the Eurosystem are audited by independent external auditors recommended by the Governing Council of the ECB and approved by the Council of the European Union.

               (2)

               The mandate of the current external auditor of the Banca d'Italia has expired and will not be renewed. It is therefore necessary to appoint an external auditor from the financial year 2004.

               (3)

               The Banca d'Italia has selected a new external auditor in accordance with its public procurement rules, and the ECB considers that it fulfils the necessary requirements.

               (4)

               The mandate of the new external auditor will be for three years and may be renewed,

         HAS ADOPTED THIS RECOMMENDATION:
   PricewaterhouseCoopers SpA is recommended as the external auditor of the Banca d'Italia from the financial year 2004 for a renewable period of three years.

      Done at Frankfurt am Main, 30 July 2004.

            The President of the ECB

         Jean-Claude TRICHET


Avis juridique important

|

31983H0250

83/250/EEC: Council Recommendation of 24 May 1983 to the Member States concerning the encouragement of investment in the use of solid fuel in industry

Official Journal L 140 , 31/05/1983 P. 0025 - 0025 Spanish special edition: Chapter 12 Volume 4 P. 0096  Portuguese special edition Chapter 12 Volume 4 P. 0096

*****COUNCIL  RECOMMENDATION  of 24 May 1983  to the Member States concerning the encouragement of investment in the use of solid fuel in industry  (83/250/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 submitted by the Commission (1),  Having regard to the opinion of the European Parliament (2),  Having regard to the opinion of the Economic and Social Committee (3),  Having regard to the communication from the Commission on the role for coal in Community energy strategy,  Whereas the considerable extent to which the Community is dependent on oil imports, with the concomitant uncertainty regarding supplies and prices, imposes contraints on the Community economy;  Whereas even a slight economic upturn in the industrialized countries, in conjunction with an increase in oil demand in the rest of the world, could increase those constraints still further;  Whereas the policy of oil substitution ought therefore to facilitate the necessary process of structural adjustment; whereas this can only be accomplished by pursuing a policy of rational energy use, which includes increasing the contribution made by substitute sources of energy, with special reference to solid fuel;  Whereas it would be desirable to use solid fuel in both new and established installations;  Whereas industry - with the exception of the iron and steel industry and the energy sector, where substitution has started as a result of the measures taken - requires heat both for industrial processes and for heating and therefore offers particularly wide scope for substituting solid fuel for oil;  Whereas, despite the price advantage of solid fuel over fuel oil, the process of substitution has made only a slow start; whereas the factors involved are in particular:  - high investment and finance costs,  - numerous other obstacles to investment, including environment-protection requirements, site problems, lengthy approval procedures and uncertain economic prospects, particularly as regards the relative price of solid fuel and oil,  - lack of experience in the use of solid fuel,  - shortcomings in the infrastructure for supplying solid fuel to consumers,  - uncertainty about future developments in solid fuel technology;  Whereas the use of solid fuel, including transport and waste-processing, should take place in a way which takes the environment into account;  Whereas the Member States should adopt in a concerted manner a coherent set of measures to encourage investment in order to overcome these difficulties and obstacles,  HEREBY RECOMMENDS THAT THE MEMBER STATES:  1. Take all environmentally compatible measures, in undertakings in all branches of industry, with the exception of the iron and steel industry and the energy sector, which they consider appropriate, to encourage both the conversion or the reconversion to solid fuel of existing combustion installations fired by fuel oil and to encourage the building of new solid-fuel-fired installations;  2. Notify the Commission at the end of each year of the measures taken in the field covered by this recommendation, so that the Commission can make an anual report to the Council in the appropriate form.  Done at Brussels, 24 May 1983.  For the Council  The President  H.-W. LAUTENSCHLAGER  (1) OJ No C 105, 26. 4. 1982, p. 1.  (2) OJ No C 149, 14. 6. 1982, p. 134.  (3) OJ No C 205, 9. 8. 1982, p. 3.


Avis juridique important

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31970H0120

70/120/EEC: Commission Recommendation of 22 December 1969 to the French Republic on the adjustment of the State monopoly of a commercial character in matches (Only the French text is authentic)

Official Journal L 031 , 09/02/1970 P. 0004 - 0006 Danish special edition: Series II Volume VI P. 0013  English special edition: Series II Volume VI P. 0013

COMMISSION RECOMMENDATION of 22 December 1969 to the French Republic on the adjustment of the State monopoly of a commercial character in matches (Only the French text is authentic) (70/120/EEC) I    1. The French Government, by letter of 14 February 1959, informed the Commission of the European Economic Community that matches are in France subject to a State monopoly of a commercial character within the meaning of Article 37 of the EEC Treaty.  Under that provision Member States are required progressively to adjust State monopolies of a commercial character so as to ensure that, when the transitional period has ended, no discrimination regarding the conditions under which goods are procured and marketed exists between nationals of Member States.       2. The match monopoly was set up by the Law of 2 August 1872 which reserved to the State the right to purchase, manufacture and sell matches. Direct State management was adopted by the Decree of 30 December 1889. Subsequently, the Decree-Law of 21 September 1935 entrusted the management of that monopoly to the Caisse autonome d'amortissement. Following the Ordinance of 7 January 1959 the monopoly has been under the direct management of the Service d'exploitation industrielle des tabacs et allumettes (SEITA), which has exclusive production and import rights.  With regard to imports, SEITA has the power to grant permits to individuals. Sales are effected by retail tobacconists and by all traders applying to do so and who are supplied by wholesalers approved by SEITA.  Retail selling prices and trade discounts on the sale of matches are fixed by Order of the Minister of Finance.       3. For several years the needs of the French market have been entirely covered by domestic production. No imports are effected by SEITA, neither does it make use of its right to grant special import permits to individuals.  The Commission considered that this situation gave rise to discrimination against suppliers in other Member States in respect of marketing conditions and, on 11 April 1962, recommended the French Republic in pursuance of Article 37 (6):      - to allow the importation and marketing of matches from other Member States either by permitting suppliers of these products to supply the distribution network of SEITA or by adopting any other suitable means to that end, within the limit, for the year 1962, of a quantity equal to 5 % of the domestic production for 1960, and to increase that quantity by at least 15 % yearly;           - to fix selling prices to consumers so that, apart from customs duty, the same margin between the delivery price and the selling price is applied to goods imported from other Member States as to domestic goods with the same delivery price;           - to permit advertising of matches from other Member States under the same conditions as those permitted in respect of domestic products.             The French Government has not taken any measures to give effect to that Recommendation. By letter of 12 March 1963 the French Government expressed its readiness to make import openings available in accordance with the terms of the Recommendation, on condition that there should be a temporary and decreasing protection to spread over a period of time the unavoidable consequences of the disparity between French and foreign prices - the main cause of that disparity being the heavy incidence of wage and social security costs on the prime cost of SEITA matches - and on condition also that there should be an investigation into the state of the market in matches in the six Member States to establish whether or not the adjustment of State monopolies might lead to the formation of a private dominant position throughout the common market.       4. The Commission is well aware of the existence of the problems referred to by the French Government. It stresses, however, that the aim of the transitional period was precisely to enable the Member States to effect the necessary adjustments with a view to the operation of a truly common market. It is for that reason that, at the end of the transitional period, protective measures such as those provided for by Article 226 may no longer be applied. However, the Commission is of course still prepared to examine, at the request of the French  Government, whether certain degressive measures might be adopted for a limited period on the basis in particular of Articles 92 and 93, in order to facilitate the rationalization or conversion of the sector in question.  The Commission furthermore stresses that in so far as a problem might arise for France from the failure to adjust the monopoly in matches in the Federal Republic of Germany (a failure arising from application of Article 37 (5) under which the obligations on Member States are binding only in so far as they are compatible with existing international agreements), it would be prepared to discuss that problem with the French authorities. It points out in this connection that under the second paragraph of Article 37 (3) it may, where a product is subject to a State monopoly of a commercial character in only one or some Member States, authorize the other Member States to apply protective measures until the adjustment provided for in paragraph 1 of that Article has been effected ; the conditions and details of such measures would be determined by the Commission.  Performance of the obligation to effect the adjustment laid down in Article 37 cannot, however, be made conditional on the solution of the questions referred to above. Since the end of the transitional period is approaching, measures should now be adopted to bring to an end all discrimination between nationals of Member States regarding the conditions under which goods are procured and marketed.  Article 37, which comes under the Title relating to the free movement of goods and, more particularly, under the Chapter concerning the elimination of quantitative restrictions between Member States, aims at achieving by the end of the transitional period in respect of products subject to a State monopoly of a commercial character (or a like system) the same result as that achieved for other products by the application of Articles 30 to 34, that is to say the free movement of goods.  However, a different procedure was provided in order to achieve that result in the sectors covered by State monopolies. Their progressive adjustment was provided for partly in order to take account of the fact that in the view of the Member States concerned the products subject to a monopoly presented special problems and partly so that the elimination of quantitative restrictions and of measures having an equivalent effect in those sectors should not be without practical result. There were indeed grounds for fearing that the liberalization of trade in respect of the products subject to a monopoly would not take place if the monopolies, by virtue of their exclusive right to import, export and market certain products, were to remain free to decide to what extent and under what conditions products from other Member States could be allowed on the domestic market (or, conversely, to what extent domestic products could be exported to other Member States).  It is for that reason that Article 37 contains the provision designed "to ensure that when the transitional period has ended no discrimination regarding the conditions under which goods are procured and marketed exists between nationals of Member States".  It should be stressed that the ending of discrimination resulting directly from provisions applicable to products subject to a monopoly is not the only requirement laid down in Article 37 ; that objective could be attained, in the absence of an Article governing State monopolies, by means of other provisions of the Treaty, in particular those prohibiting charges having an equivalent effect to customs duties and measures having an equivalent effect to quantitative restrictions. It follows from what has been said above in relation to the special characteristics of State monopolies and of the restrictions to which they can give rise that the objective of the "adjustment", i.e. of ensuring that "no discrimination exists", is to eliminate the possibility that the particular powers vested in the monopolies in respect of the importing and domestic marketing, or the exporting, of certain products might at the end of the transitional period still give rise to discrimination.  Since these are the objectives laid down in Article 37, it is incumbent upon France to adjust the monopoly in matches before the end of the transitional period in order that the objectives may be attained. On the other hand, it is for the Commission, in addition to its general duty to see that the Treaty is implemented, to make recommendations in accordance with Article 37 (6) as to the manner in which the adjustment provided for in that Article shall be carried out.       5. As explained in paragraph 3, the restriction of the French market to domestic products constitutes discrimination against suppliers from other Member States. It should be stressed in this connection that the introduction on the French market of a given quantity of matches from other Member States and the gradual increase of that quantity will not be sufficient to attain the objective of Article 37 so long as SEITA, being the sole agent authorized to import matches, is free to decide to what extent and in respect of which qualities the needs of the French market may be met by suppliers in other Member States.  For these reasons, it seems to the Commission that the best solution for attaining the objective laid down in Article 37, because there is no doubt that it will be effective, is to abolish the exclusive right of SEITA to import matches in so far as that right concerns trade between Member States.       6. Pursuant to Article 90 (2), undertakings having the character of a revenue-producing monopoly are subject to the rules contained in the Treaty in so far as the application of such rules does not obstruct the performance of the particular tasks assigned to them. Furthermore, the development of trade must not be affected to such an extent as would be contrary to the interests of the Community.   In France matches are subject to a special tax which is collected by the Direction Générale des Impôts in accordance with the rules applying to indirect taxation. It is true that SEITA performs a revenue function through the levying of the fixed prior charge ("prélèvement précipataire et forfaitaire") on the selling price of matches and its obligation to pay over the net proceeds of management. However, there is no necessary and direct link between the tax and the exclusive right of SEITA to import matches. Consequently, the Commission is of the opinion that the application of the abovementioned measures concerning liberalization of the importation and marketing of matches should not be detrimental to the collection of tax revenue.   II  On these grounds the Commission of the European Communities recommends the French Republic to take the following measures, in accordance with Article 37 of the EEC Treaty:      1. To allow matches to be imported from Member States without any restriction. To that end, all formalities necessary for the introduction of these products on to the French market must be such as can be carried out directly by the buyers or persons appointed by them, so that the latter may immediately dispose of the products without the intervention of SEITA.           2. To allow all operations necessary for the marketing of matches from other Member States to be freely carried out on the French market. To that end, in particular:        - to allow suppliers from other Member States to set up their own wholesale trade network in France and to hold stocks there;               - to allow prices for products from other Member States to be freely agreed between sellers and buyers at the different stages of marketing;               - to allow suppliers from other Member States to advertise their products freely.                 Done at Brussels, 22 December 1969.  For the Commission  The President  Jean REY