title: Council Recommendation of 8 July 2014 on the National Reform Programme 2014 of Slovenia and delivering a Council opinion on the Stability Programme of Slovenia, 2014

text:
               29.7.2014

               EN

               Official Journal of the European Union

               C 247/115

         COUNCIL RECOMMENDATION
   of 8 July 2014
   on the National Reform Programme 2014 of Slovenia and delivering a Council opinion on the Stability Programme of Slovenia, 2014
   2014/C 247/22
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Articles 121(2) and 148(4) thereof,
   Having regard to Council Regulation (EC) No 1466/97 of 7 July 1997 on the strengthening of the surveillance of budgetary positions and the surveillance and coordination of economic policies (1), and in particular Article 5(2) thereof,
   Having regard to Regulation (EU) No 1176/2011 of the European Parliament and of the Council of 16 November 2011 on the prevention and correction of macroeconomic imbalances (2), and in particular Article 6(1) thereof,
   Having regard to the recommendation of the European Commission,
   Having regard to the resolutions of the European Parliament,
   Having regard to the conclusions of the European Council,
   Having regard to the opinion of the Employment Committee,
   Having regard to the opinion of the Economic and Financial Committee,
   Having regard to the opinion of the Social Protection Committee,
   Having regard to the opinion of the Economic Policy Committee,
   Whereas:

               (1)

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

               (2)

               On 13 July 2010, the Council, on the basis of the Commission's proposals, adopted a Recommendation on the broad guidelines for the economic policies of the Member States and the Union (2010 to 2014) and, on 21 October 2010, it adopted a decision on guidelines for the employment policies of the Member States (3), which together form the ‘integrated guidelines’. Member States were invited to take the integrated guidelines into account in their national economic and employment policies.

               (3)

               On 29 June 2012, the Member States' Heads of State or Government decided on a Compact for Growth and Jobs, providing a coherent framework for action at national, EU and euro area levels using all possible levers, instruments and policies. They decided on action to be taken at the level of the Member States, in particular expressing full commitment to achieving the objectives of the Europe 2020 Strategy and to implementing the country-specific recommendations.

               (4)

               On 9 July 2013, the Council adopted a Recommendation (4) on Slovenia's National Reform Programme for 2013 and delivered its opinion on Slovenia's updated Stability Programme for 2012-2016. On 15 November 2013, in line with Regulation (EU) No 473/2013 of the European Parliament and of the Council (5), the Commission presented its opinion on Slovenia's draft budgetary plan for 2014.

               (5)

               On 13 November 2013, the Commission adopted the Annual Growth Survey, marking the start of the 2014 European Semester for economic policy coordination. Also, on 13 November 2013, the Commission, on the basis of Regulation (EU) No 1176/2011, the Commission adopted the Alert Mechanism Report, in which it identified Slovenia as one of the Member States for which an in-depth review would be carried out.

               (6)

               On 20 December 2013, the European Council endorsed the priorities for ensuring financial stability, fiscal consolidation and action to foster growth. It underscored the need to pursue differentiated, growth-friendly fiscal consolidation, to restore normal lending conditions to the economy, to promote growth and competitiveness, to tackle unemployment and the social consequences of the crisis, and to modernise public administration.

               (7)

               On 5 March 2014, the Commission published the results of its in-depth review for Slovenia, under Article 5 of Regulation (EU) No 1176/2011. The Commission's analysis leads it to conclude that Slovenia continues to experience excessive macroeconomic imbalances, which require monitoring and continuing strong policy action. While imbalances have been unwinding over 2013 due to macroeconomic adjustment and policy action by Slovenia, the magnitude of the necessary correction means that substantial risks are still present. More specifically, the risks stemming from an economic structure characterised by weak corporate governance, a high level of state involvement in the economy, losses in cost competitiveness, a corporate debt overhang and a considerable increase in government debt warrant very close attention. While considerable progress has been made in repairing the banks' balance sheets, determined action with respect to full implementation of a comprehensive banking sector strategy, including restructuring, privatisation and enhanced supervision, is still required.

               (8)

               On 5 March 2014, the Commission addressed an Autonomous Recommendation to Slovenia requesting the authorities to make further efforts to ensure full compliance with the Council recommendation under the EDP and to report on the additional measures in a dedicated section of the 2014 Stability Programme.

               (9)

               On 15 April 2014, Slovenia submitted its 2014 National Reform Programme and, on 24 April 2014, its 2014 Stability Programme. In order to take account of their interlinkages, the two programmes have been assessed at the same time.

               (10)

               The objective of the budgetary strategy outlined in the 2014 Stability Programme is to correct the excessive deficit by 2015 and reach the medium-term objective by 2017. The Stability Programme confirms the previous medium-term objective of a balanced budget, which is in line with the requirements of the Stability and Growth Pact. However, the (recalculated) structural balance is not expected to reach the medium-term objective by 2017. The Stability Programme plans to bring the deficit below 3 % of GDP in 2015, in line with the target set in the Excessive Deficit Procedure recommendation. Beyond 2015, the Stability Programme envisages a steady decline in the deficit before turning to a surplus of 0,3 % of GDP in 2018. The Stability Programme projects that the government debt will peak at 81,1 % of GDP in 2015 before dropping to 76 % in 2016. Overall, the budgetary strategy outlined in the Stability Programme is in line with the requirements of the Stability and Growth Pact. The macroeconomic scenario underpinning the budgetary projections in the Stability Programme, which has been produced by an independent body (the Institute for Macroeconomic Analysis and Development), is cautious. The Stability Programme identifies some additional measures that assist in narrowing the gap with the required fiscal effort. Based on this, it is considered that the Stability Programme has partially responded to the Autonomous Commission Recommendation. Nevertheless, downside risks remain as the measures underpinning the Stability Programme are insufficiently detailed, and many of them have yet to be adopted.
               Any potential additional bank recapitalisation needs, stemming from the 2013 asset quality review and stress test in Slovenia, would increase the deficit and debt ratios, while any proceeds from the successful privatisation of state owned entities or banks that have not been incorporated in programme projections would reduce the debt burden. Based on the Commission forecast, the fiscal effort over the period 2013-2014 falls short by 1,4 % of GDP in terms of (corrected) change in the structural balance and by 0,5 % of GDP in terms of the amount of required measures estimated as necessary at the time of the Excessive Deficit Procedure recommendation. For 2015, while the Stability Programme projects a deficit in line with the Excessive Deficit Procedure recommendation, the Commission services 2014 Spring forecast estimates a deficit of 3,1 % of GDP.

               (11)

               Moreover, based on the Commission forecast, the fiscal effort measured both by the (corrected) change in structural balance and by the underlying amount of discretionary measures to be implemented is expected to fall somewhat short of the level recommended by the Council for 2015. Based on its assessment of the Stability Programme and the Commission forecast, pursuant to Regulation (EC) No 1466/97, the Council is of the opinion that additional efforts, in 2014 and thereafter, are required in order to ensure full compliance with the Excessive Deficit Procedure recommendation, including the required structural effort.

               (12)

               With respect to the fiscal rules, in 2013 the Parliament approved a constitutional basis for establishing a general government budget balance/surplus rule in structural terms. However, the necessary implementing legislation, namely the Fiscal Rule Act, which was supposed to be in place by November 2013, has yet to be adopted. In particular, the necessary legal basis has to be established in order to define the role, remit and independence of a functioning Fiscal Council. The timely completion of a comprehensive expenditure review of all budgetary users in the key expenditure area of health could identify measures to underpin the fiscal consolidation and identify options for enhancing efficiency and cost effectiveness.

               (13)

               In 2013, it was recommended that Slovenia strengthen the long-term sustainability of the pension system and improve the efficiency, cost effectiveness and quality of the long-term care sector. Slovenia has made limited progress on measures taken to address this recommendation. An evaluation of the 2012 pension reform was completed in April 2014 and the first findings are positive. While certain fiscal savings have been realised, the level of pensions remained unchanged. Slovenia faces high fiscal sustainability risks in the medium and long term mainly due to an increase in ageing-related spending implied by Slovenia's demographics. Thus the pension and long-term care systems will need to be reformed in the medium term if overall expenditure is to be stabilised over the medium and long term while ensuring the adequacy of pensions and access to long-term care services. The authorities plan to prepare a White Paper for a comprehensive pension reform. A blueprint for a long-term care reform was adopted at the end of 2013 and the related legislation is expected by the end of 2014. However, it risks being delayed because the ongoing reorganisation of healthcare insurance is lagging behind.

               (14)

               The situation on the labour market has worsened. Unemployment reached 10,3 % in 2013 and youth unemployment climbed to 21,6 % in 2013 while the proportion of young people not in employment, education or training increased by 2,1 percentage points between 2011 and 2013. The evaluation of the labour market reform adopted in 2013 points towards decreasing segmentation between permanent and fixed-term contracts, albeit on the back of an increased use of other non-permanent contractual forms, while the effect of incentives for the employment of older and younger people are still unclear. Labour market segmentation is also being addressed through better regulation of student work. While a new act is pending approval, concerns remain about whether it will adequately address shortcomings of previous rules. The Government has made limited progress in implementing last year's recommendation on the minimum wage, which continues to be indexed only to inflation, while the act on minimum wage allows for indexation to other economic conditions. Limited progress has been made in developing effective tailor-made active labour market policy measures and addressing skills mismatches.

               (15)

               The Government has made substantial progress in addressing the recommendations regarding stability in the banking sector, conducting a credible Asset Quality Review and Stress Test, prompt recapitalisations, and the transfer of non-performing loans to the Bank Asset Management Company. However, work is far from complete and determined action to finalise and implement a comprehensive banking sector strategy as announced in December 2013, including restructuring, privatisation and enhanced supervision, is required. The level of non-performing loans in the banking system remains high. It is therefore important for the banks to build internal work-out capacity for non-performing loans including strengthening the internal asset management and restructuring units, to accelerate the processing of non-performing loans while maximising recovery value and preserving viable businesses. Any further transfer of non-performing loans to the Bank Asset Management Company needs to be carefully designed in order to facilitate swift and efficient restructuring of corporate credits, particularly in the case of complex, inter‐connected group loans. A comprehensive management strategy and business plan that would substantiate redemption targets for the Bank Asset Management Company is awaited. Building on the lessons from the asset quality review and stress test, further decisive measures to improve governance and supervision for all banks, and particularly for those remaining in State ownership, are warranted by strengthening risk management, enhancing credit approval processes and improving data quality and availability, with the objective of reducing the levels of non-performing loans and to contain future risks.

               (16)

               The Government has made limited progress in implementing the recommendations on corporate governance of state-owned enterprises, which account for one sixth of total value added and form a complex nexus of domestic banks, insurance groups and non-financial corporations, with significant cross-shareholding. The level of State influence creates significant risks for the public finances both directly and indirectly, through liabilities from guarantees. A coherent strategy for the management of state-owned enterprises coupled with improved corporate governance would create a more favourable environment for attracting foreign direct investment. Although first steps were taken by compiling an initial list of 15 companies for accelerated privatisation in May 2013, progress to date has been mixed and there is a significant risk that deadlines will not be met. After some delay, the new legislation underpinning the Slovenia Sovereign Holding, a vehicle for consolidating the management of state ownership, was introduced in April 2014. A comprehensive strategy and a precise classification of core and non-core assets, including those earmarked for privatisation, are expected. There is a need to identify and implement appropriate measures to secure the restructuring process and the attainment of its goals including inter alia maximising the recovery value for creditors and establish a list of the most urgent restructuring cases for rapid work out.

               (17)

               The insolvency framework was amended in 2013 in order to facilitate the timely resolution of non-performing loans but the new framework remains largely untested. A high level of indebtedness and financial distress has limited the corporate sector's capacity to invest in future projects. The urgently needed financial and operational restructuring of the corporate sector has yet to begin on a large scale. A consolidated view of the various credit exposures in the banking system is required to accelerate work-out of non-performing loans and to facilitate restructuring negotiations, particularly in the case of complex, inter-connected group loans. A centralised task force with experienced representatives of all stakeholders could take the initiative in supporting and accelerating this process. In the meantime, swift and efficient closure of several on-going urgent cases under the Bank Asset Management Company is crucial.

               (18)

               Despite its potential, Slovenia has one of the lowest stocks of foreign direct investment in the Union (34,1 % of GDP as against 47,1 % of GDP on average in the Union in 2012). While privatisation and corporate restructuring offer many new possibilities for private investors, there is evidence that the insufficiently developed business environment and culture hinder Slovenia from taking full advantage of it. In 2012, a process of deregulation of regulated professions started and, until now, the number of regulated professions decreased from 323 to 262. Further deregulation of regulated professions would contribute to increasing the number of domestic and foreign services providers and thus contribute to increased competitiveness. There is a potential to increase the coherence of measures devised to improve the business environment and entrepreneurial activities. In this context, the upcoming Smart Specialisation Strategy under the European Investment and Structural Funds for 2014-20 will provide an opportunity to focus on key measures such as creating tradable, innovative products.

               (19)

               Slovenia is in the early stages of preparing comprehensive public sector reform proposals (to be adopted by January 2015). In this context, Slovenia has to restore the quality and credibility of public administration. Slovenia has made some progress in improving the quality of the judicial system and has reduced the number of pending cases. A reform of case management in commercial and civil justice has improved the functioning of the court system. Recent positive trends in litigious civil and commercial cases have been maintained.

               (20)

               In the context of the European Semester, the Commission has carried out a comprehensive analysis of Slovenia's economic policy. It has assessed the National Reform Programme and the Stability Programme. It has taken into account not only their relevance for sustainable fiscal and socio-economic policy in Slovenia but also their compliance with EU rules and guidance, given the need to reinforce the overall economic governance of the Union by providing EU-level input into future national decisions. Its recommendations under the European Semester are reflected in recommendations (1) to (8) below.

               (21)

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

               (22)

               In the light of the Commission's in-depth review and this assessment, the Council has examined the National Reform Programme and the Stability Programme. Its recommendations under Article 6 of Regulation (EU) No 1176/2011 are reflected in recommendations (1) to (8) below.

               (23)

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

         HEREBY RECOMMENDS that Slovenia take action within the period 2014-2015 to:

               1.

               Reinforce the budgetary strategy with sufficiently specified structural measures for the year 2014 and beyond, to ensure correction of the excessive deficit in a sustainable manner by 2015 through the achievement of the structural adjustment effort specified in the Council recommendation under the Excessive Deficit Procedure. A durable correction of the fiscal imbalances requires a credible implementation of ambitious structural reforms to increase the adjustment capacity and boost growth and employment. After the correction of the excessive deficit, pursue a structural adjustment of at least 0,5 % of GDP each year, and more in good economic conditions or to ensure that the debt rule is met in order to put the high general government debt ratio on a sustained downward path. To improve the credibility of fiscal policy, complete the adoption of a general government budget balance/surplus rule in structural terms, make the medium-term budgetary framework binding, encompassing and transparent, and establish the necessary legal basis for a functioning fiscal council defining its remit within the budgetary process and introducing clear procedural arrangements for monitoring budgetary outcomes as soon as possible. Launch a comprehensive review of expenditure covering state and local government levels, direct and indirect budget users and municipality-owned providers of utilities and services in the area of healthcare by the end of 2014 with a view to realising budgetary savings in 2015 and beyond.

               2.

               Based on the public consultation, agree measures to ensure the sustainability of the pension system and adequacy of pensions beyond 2020, encompassing adjustments of key parameters, such as linking the statutory retirement age to gains in life expectancy and encouraging private contributions to the second pillar of the pension system. Contain age‐related expenditure on long-term care by targeting benefits to those most in need and refocusing care provision from institutional to home care.

               3.

               Following consultation with social partners and in accordance with national practices, develop a comprehensive Social Agreement by the end of 2014 ensuring that wage developments, including the minimum wage, support competitiveness, domestic demand and job creation. Redefine the composition of the minimum wage and review its indexation system. Take measures for further decreasing segmentation, in particular addressing the efficiency of incentives for hiring young and older workers and the use of civil law contracts. Adopt the Act on Student Work. Prioritise outreach to non-registered young people ensuring adequate public employment services capacities. To increase employment of low-skilled and older workers, adapt the working environment to longer working life and focus resources on tailor-made active labour market policy measures, while improving their effectiveness. Address skills mismatches by improving the attractiveness of vocational education and training and by further developing cooperation with the relevant stakeholders in assessing labour market needs.

               4.

               Complete the privatisation of NKBM in 2014 as planned, prepare Abanka for privatisation in 2015, continue the prompt implementation of restructuring plans of the banks in receipt of State aid and the necessary consolidation of the banking sector. Based on the lessons from the asset quality review and stress test finalise the comprehensive action plan for banks in August 2014, including specific measures to improve governance, supervision, risk management, credit approval process and data quality and availability. Reinforce banks' capacity to work out non-performing loans by strengthening the internal asset management and restructuring units. Clarify the mandate of the Bank Asset Management Company by publishing a comprehensive management strategy and business plan by September 2014, detailing its role in restructuring of its assets, redemption targets, budgets, asset management plans and expected returns, while ensuring adequate resources.

               5.

               Continue to implement the privatisations announced in 2013 with the time-frames set. Adopt a strategy for the Slovenian Sovereign Holding with a clear classification of assets in line with the timeline and definitions established in the 2014 Slovenian Sovereign Holding Act. By November 2014, commit to a short-term (one- to two- year horizon) divestment schedule for a number of well-targeted assets with a clear time scale. Make it fully operational as a vehicle for the management of assets remaining in State ownership and divestment of the assets earmarked according to the management acts, within the time frame stipulated by the law. By September 2014, adopt and implement a corporate governance code for state-owned enterprises to ensure professional, transparent and independent management.

               6.

               Finalise a corporate restructuring master plan by the end of 2014 within clear priorities and effective implementation process. Set up a central corporate restructuring task force monitoring and coordinating the overall restructuring process, providing the necessary expertise, guidance and advice, and facilitating the negotiation process between all stakeholders involved. Establish a list of the most urgent restructuring cases, while maximising the recovery value for creditors. Promote the use of the available legal mechanisms and international best practices to all stakeholders in the restructuring process. Evaluate recent changes in the insolvency legislation by September 2014, being ready to introduce any additional necessary measure. Further reduce the length of judicial proceedings at first instance in litigious civil and commercial cases including cases under the insolvency legislation, and the number of pending cases, in particular enforcement and insolvency cases.

               7.

               Reduce obstacles to doing business in Slovenia in key areas for economic development rendering the country more attractive to foreign direct investment particularly through accelerated liberalisation of regulated professions, reduction of administrative burden including leaner authorisation schemes. Ensure sufficient budgetary autonomy for the Competition Protection Agency and increase its institutional independence. Streamline priorities and ensure consistency between the 2011 Research and Innovation and the 2013 Industrial Policy Strategies with the upcoming strategies on Smart Specialisation and Transport, ensure their prompt implementation and assessment of effectiveness.

               8.

               Take effective measures to fight corruption, enhancing transparency and accountability, and introducing external performance evaluation and quality control procedures.

      Done at Brussels, 8 July 2014.

            For the Council

            The President

         P. C. PADOAN

      (1)  OJ L 209, 2.8.1997, p. 1.

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

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

      (4)  OJ C 217, 30.7.2013, p. 75.

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

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

      (7)  See page 141 of the current Official Journal.


Avis juridique important

|

52004SC0813

Commission Opinion on the existence of an excessive deficit in Greece - Application of Article 104(5) of the Treaty establishing the European Community  /* SEC/2004/0813 final */

COMMISSION OPINION on the existence of an excessive deficit in Greece - Application of Article 104(5) of the Treaty establishing the European CommunityEXPLANATORY MEMORANDUMOn 7 April 2004, the Commission published its spring 2004 forecasts. [1] According to these forecasts, which took into consideration revised data reported by Greece on 30 March 2004 but not validated by Eurostat, the general government deficit in 2003 reached 2.95% of GDP. Following contacts between Eurostat and the Greek authorities at the end of April, the latter submitted on 4 May a further revised notification with a deficit of 3.2% of GDP for 2003, thus exceeding the 3% of GDP Treaty reference value, and substantially higher than the 2002 deficit (1.5% of GDP). Moreover, at 103.0 percentage points the gross debt to GDP ratio remains well above the 60% Treaty reference value. Based on this prima facie evidence, the Commission initiated the Excessive Deficit Procedure for Greece on 19 May 2004, with the adoption of the report as foreseen in Article 104(3) of the Treaty. [2][1]  The Commission Spring 2004 forecast is available at the following website: http://europa.eu.int/comm/economy_finance/publications/european_economy/2004/ee204en.pdf.[2]  The full text of this report is available at the following website: http://europa.eu.int/comm/economy_finance/about/activities/sgp/procedures_en.htm.The application of the excessive deficit procedure (EDP) is governed by Article 104 of the Treaty and by Council Regulation (EC) No 1467/97 "on speeding up and clarifying the implementation of the excessive deficit procedure", which is part of the Stability and Growth Pact. [3][3]  OJ L 209, 2.8.1997.The Commission report according to Article 104(3) of the Treaty concluded that the excess of the 3.2% of GDP deficit in 2003 over the 3% of GDP Treaty reference value did not result, in the sense of the Stability and Growth Pact, from an unusual event outside the control of the Greek authorities, nor was it the result of a severe economic downturn, which is defined in the Pact as an annual fall of real GDP of at least 2%. On the contrary, it occurred in a context of strongly positive growth, with real GDP growth at 4.2% in 2003, and a positive output gap of around 1.5% of GDP. The outturn of general government deficit for 2003 compares with a target deficit of 0.9% of GDP set in the December 2002 updated stability programme. The significant slippage is attributed to non recurrent factors (overruns in the expenditure related to the preparation of the Olympic Games and compensation for weather damages), to higher than planned primary spending (social transfers and public sector wages) and to a shortfall of budgetary revenues (VAT, income taxes and reclassification, as a financial transaction, of a payment from the Saving Postal Bank to government). Concerning developments in 2004, the report concluded that the general government deficit would probably increase and remain above 3% of GDP, in the absence of further measures.The Commission report, based on the Commission Spring forecasts, noted that the debt-to-GDP ratio reached 103% of GDP in 2003, well above the 60% reference value of the Treaty. Moreover, it also noted that the Commission projects the debt ratio to decline only marginally to 102.8% of GDP in 2004, which is above the 98.3% of GDP reported by the Greek authorities on 4 May 2004. The report considered that both the high level of government debt and its slow pace of reduction are a cause of concern, especially in a period of high nominal growth and a positive and widening output gap.Article 104(4) of the Treaty states that "the Committee provided for in Article 114 (i.e. the Economic and Financial Committee) shall formulate an opinion on the report of the Commission". The Committee issued its opinion on 2 June 2004, subscribing to the assessment made by the Commission in its report. In particular, the Committee concluded that the budgetary developments in Greece in 2003 indicated the existence of an excessive deficit under both criteria foreseen by Article 104(2) for the identification of such deficits. Consideration of other relevant factors, in particular the medium-term budgetary position and public investment ratio did not change the assessment based on the criteria themselves. The Committee also considered that in the present stage of policy setting and growth prospects, the general government deficit would continue to exceed the Treaty reference value in 2004, and that the general government gross debt would continue to remain well above the Treaty reference value of 60% of GDP in 2004. The Committee considered that both the high level of government debt and its slow pace of reduction are a cause of concern, especially in a period of high nominal growth and positive, widening gaps.The Commission, having examined all the relevant factors taken into account in its report and having regard to the opinion of the Committee, is of the opinion that an excessive deficit exists in Greece. This opinion, adopted by the Commission on 24 June 2004, is herewith addressed to the Council, according to Article 104(5) of the Treaty. The Commission recommends that the Council shall decide accordingly, in conformity with Article 104(6). In addition, the Commission is submitting to the Council a recommendation for a Council recommendation to be addressed to Greece with a view to bringing the situation of an excessive deficit to an end, according to Article 104(7) of the Treaty.COMMISSION OPINION on the existence of an excessive deficit in Greece - Application of Article 104(5) of the Treaty establishing the European CommunityGENERAL CONSIDERATIONSAccording to Article 104 of the Treaty, Member States are to avoid excessive government deficits. Decisions on the existence of an excessive deficit are governed by the excessive deficit procedure (EDP) specified by Article 104 of the Treaty and Council Regulation (EC) No 1467/97 "on speeding up and clarifying the implementation of the excessive deficit procedure", which is part of the Stability and Growth Pact.Article 104(2) of the Treaty requires the Commission to monitor the development of the budgetary situation and of the stock of government debt in the Member States with a view to identifying gross errors. In particular, the Commission has to examine compliance with budgetary discipline on the basis of two criteria, one for the ratio of the planned or actual government deficit to gross domestic product (GDP) and one for the ratio of government debt to GDP. The statistical data on these variables are provided by the Commission on the basis of reporting by the Member States.Article 104(3) of the Treaty requires the Commission to prepare a report if the requirements under one or both of the criteria of Article 104(2) are not fulfilled or if, notwithstanding the fulfilment of the requirements under the criteria, the Commission is of the opinion that there is a risk of an excessive deficit in a Member State. The Commission report also takes into account whether the government deficit exceeds government investment expenditure and all other relevant factors, including the medium-term economic and budgetary position of the Member State, as required by Article 104(3) of the Treaty. Based on data for the year 2003 reported by the Greek authorities on 4 May 2004, and on the outcome of the Commission's Spring 2004 forecast, the Commission has adopted such a report for Greece on 19 May 2004.Subsequently, and in accordance with Article 104(4), the Economic and Financial Committee has formulated an opinion on the report of the Commission on (2 June 2004).Article 104(5) of the Treaty requires the Commission to address an opinion to the Council if the Commission considers that an excessive deficit in a Member State exists or may occur. In order to reach a conclusion on whether an excessive deficit exists or may occur, the Commission considers that account should be taken of: (i) the conclusions of its own report, namely whether the requirements under one or both of the criteria of Article 104(2) of the Treaty are not fulfilled, and the relevance of all other factors mentioned in Article 104(3) and (ii) the opinion of the Economic and Financial Committee on the report of the Commission. On the basis of these elements, the Commission has established a number of considerations for Greece.CONSIDERATIONS CONCERNING GREECE1. The general government deficit amounted to 3.2% of GDP in 2003, therefore exceeding the 3% of GDP reference value of the Treaty, while it increased substantially relative to the 2002 deficit (1.5% of GDP). The deterioration in the general government balance in 2003 from a year earlier was the result of a sharp worsening in the balance of the central government.2. The excess of the deficit over the 3% of GDP reference value in 2003 does not result, in the sense of the Stability and Growth Pact, from an unusual event outside the control of the Greek authorities, nor does it result from a severe economic downturn, which is defined in the Pact as a fall in annual real GDP of at least 2%. On the contrary, it occurred in a context of strongly positive growth, with real GDP growth at 4.2% in 2003 and a positive output gap of around 1.5% of GDP.3. The outcome for the general government deficit in 2003 is 2.3% of GDP above the value planned in November 2002 when the budget for 2003 was adopted. This significant slippage is attributed, first to extraordinary factors (overruns in the expenditure related to the preparation of the Olympic Games, and compensation for weather damages), secondly, to higher than planned primary spending (social transfers and public sector wages) and finally to a shortfall of budgetary revenues (VAT, income taxes and reclassification, as a financial transaction, of a payment from the Saving Postal Bank to government). With a positive output gap of 1.5% in 2003, up from 0.8% in 2002, the sharp deterioration of the government balance cannot be attributed to cyclical factors. The estimated cyclically-adjusted deficit rose from 1.7% of GDP in 2002 to 3.9% of GDP in 2003, and the primary surplus fell from 4.7% to 2.5% respectively. The sharp rise in the cyclically-adjusted deficit indicates a pro-cyclical, expansionary fiscal stance.4. Gross fixed government investment as a share of GDP has remained above the deficit ratio over the last six years and has been higher than the EU average of 2.3% of GDP reaching 4.2% of GDP in 2003. Thus, it is worth noting that the general government investment to GDP ratio did not fall during this period and that it has remained much higher than the headline deficit to GDP ratio until 2003. It is projected to remain so during 2004-2005.5. According to the reporting by the Greek authorities on 4 May 2004, the general government deficit in Greece is expected to fall to 2.9% of GDP in 2004. In its Spring 2004 forecasts, based on the assumption of no-policy change and a deficit figure for 2003 of 2.95% of GDP notified at the end of March, the Commission projects the general government deficit in Greece to reach 3.2% of GDP in 2004. Hence, the worsening of the general government balance projected in the Commission spring 2004 forecasts, in combination with an expected further rise in the positive output gap (to 2.2% of potential GDP), reflects the continuation of a pro-cyclical, expansionary fiscal stance. According to the Commission Spring 2004 forecasts, the cyclically-adjusted deficit in 2004 will deteriorate to 4.1% of GDP, indicating a move further away from the position of close to balance or in surplus. The deficit will remain above the 3% of GDP Treaty reference value again in 2004, in the absence of further measures.6. At the end of 2003, the government debt-to-GDP ratio reached 103.0% of GDP, down from the year-earlier level of 104.7% of GDP, well above the reference value of 60% of GDP. This figure for 2003, validated by Eurostat in May, had already been notified in March and was used by both the Greek authorities and the Commission to project the debt ratio for 2004. According to the reporting by the Greek authorities on 4 May 2004, the debt ratio in Greece is expected to decline to 98.3% of GDP in 2004. According to the Commission Spring 2004 forecasts, the debt ratio is projected to decline only marginally to 102.8% of GDP in 2004, thus still well above the Treaty reference value of 60% of GDP.7. At present the quality of public finance data remains uncertain. The deficit figure in the notification of 4 May compares with the 1.7% of GDP notified in early March, which was modified to 2.95% of GDP at the end of the same month, following the new government's initiative for a far-reaching auditing of public finances. Since open questions remained about the underlying data, the Greek authorities are committed to resolve most pending issues promptly in close collaboration with Eurostat. Moreover, although Eurostat validated the figures of the May notification, there are firm indications that there will be significant further, and as regards deficits almost certainly upwards, revisions for 2003 and earlier years, when the customary notification is made in September 2004. Such revisions are indeed expected to have an upward impact on the deficit figure for 2004.CONCLUSIONThe monitoring of the budgetary situation in Greece and, in particular, the examination of compliance with the criteria laid down in Article 104(2) has led the Commission to prepare a report in accordance with Article 104(3) of the Treaty. The Commission, having examined the relevant factors taken into account in this report and having regard to the opinion of the Economic and Financial Committee, is of the opinion that an excessive deficit exists in Greece.


Important legal notice

|

52008SC0381

Recommendation from the Commission to the Council to authorise the Commission to open negotiations on the participation of the European Community in negotiations on amendments to the protocol on persistent organic pollutants (POPs) under the UN-ECE convention on long-range transboundary air pollution  /* SEC/2008/0381 final */

	[pic] | COMMISSION OF THE EUROPEAN COMMUNITIES |Brussels, 31.3.2008SEC (2008) 381 finalRECOMMENDATION FROM THE COMMISSION TO THE COUNCILto authorise the Commission to open negotiations on the participation of the European Community in negotiations on amendments to the Protocol on Persistent Organic Pollutants (POPs) under the UN-ECE Convention on Long-range Transboundary Air PollutionRECOMMENDATION FROM THE COMMISSION TO THE COUNCILto authorise the Commission to open negotiations on the participation of the European Community in negotiations on amendments to the Protocol on Persistent Organic Pollutants (POPs) under the UN-ECE Convention on Long-range Transboundary Air PollutionA. EXPLANATORY MEMORANDUM1. The Executive Body of the UNECE Convention on Long-Range Trans-boundary Air Pollution (CLRTAP) adopted the Protocol on POPs in June 1998. The Protocol on POPs focuses currently on a list of 16 substances comprising eleven pesticides, two industrial chemicals and three unintentional by-products. The ultimate objective is to eliminate any discharge, emission and loss of these POP substances. The Protocol on POPs entered into force 23 October 2003. 29 Parties, including the Community and 21 Member States have ratified it[1].2. The Council adopted a Decision on the conclusion, on behalf of the European Community, of the Protocol on 19 February 2004[2] The instrument for Community approval was deposited on 30 April 2004.3. According to Article 14 of the Protocol, any Party may propose amendments to the Protocol and its annexes. The Parties meeting within the Executive Body shall discuss the proposed amendments and adopt them by consensus of the Parties present at the meeting.4. On 13 December 2007, the twenty-fifth session of the Executive Body mandated the Working Group on Strategies and Review to negotiate draft amendments to the Protocol on POPs to be presented to the twenty-sixth session of the Executive Body in December 2008. The amendments covers: i) The scheduled reassessment for the substance-related provision as well as the potential revisions to the provisions of the Protocol related to best available techniques (BAT) and emission limit values (ELVs); ii) inclusion of the seven "new" substances[3] in the Protocol annexes and; iii) an expedited procedure regarding amendments of the annexes.5. According to Article 174.1 of the EC Treaty, one of the objectives of Community environment policy is the promotion of measures at international level to deal with regional or worldwide environmental problems. To achieve this objective, the Community may conclude agreements with third parties in accordance with Articles 175 and 300.6. According to Article 300.1 of the EC Treaty, for the conclusion of agreements between the Community and one or more States or international organisations, the Commission shall make recommendations to the Council, which shall authorise the Commission to open the necessary negotiations. The Commission shall conduct these negotiations in consultation with special committees appointed by the Council to assist it in this task and within the framework of such directives as the Council may issue to it.7. The above mentioned amendments, discussed under the Protocol on POPs, will be negotiated in the Working Group on Strategies and Review and in the Executive Body. These amendments will constitute agreements in the sense of Article 300.1 of the EC Treaty. A number of EC legislative instruments[4] cover the seven proposed substances. Member States cannot take on obligations outside the framework of Community legislation which might affect Community rules or alter their scope.8. Therefore, it is necessary for the Commission to make recommendations to the Council, which shall authorise the Commission to participate in the necessary negotiations on these issues at the next meetings of the Working Group on Strategies and Review in April and September 2008 and of the Executive Body in December 2008.B. RECOMMENDATIONIn the light of the above, the Commission recommends that:1.  the Council authorises the Commission to participate, on behalf of the European Community, as regards matters falling under Community competence, in the negotiations on amendments to the UNECE Protocol on POPs at the meetings of the Working Group on Strategy and Review in April and September 2008 and of the Executive Body in December 2008;2.  the Commission conducts these negotiations on behalf of the European Community, as regards matters falling within Community competence, in consultation with a special committee of representatives of Member States in accordance with the appended negotiating directives;3.  when the above mentioned amendments deal with matters falling within the shared competence of the Community and of the Member States, the Commission and the Member States should cooperate closely during the negotiation process, with a view to aiming for unity in the international representation of the European Community;4.  the Commission reports to the Council on the outcome of the negotiations and, where appropriate, on any problem that may arise during the negotiations. ANNEXNEGOTIATING DIRECTIVES1. The Commission shall ensure that any amendment to the Protocol on POPs is consistent with relevant Community legislation.2. The Commission shall also seek to ensure that the amendments to the Protocol:a) are modified in accordance with the scheduled reassessment for the substance-related provision as well as the potential revisions to the provisions of the Protocol related to best available techniques (BAT) and emission limit values (ELVs);b) add to Annex I, II and/or III as appropriate the following substances: Hexachlorobutadiene (HCBD); Commercial Octabromodiphenyl ether (c-OctaBDE); Pentachlorobenzene (PeCB); Polychlorinated napthalenes, (PCNs); Short-chained chlorinated paraffins (SCCPs); Perfluorooctane sulfonate (PFOS); Commmercial Pentabromodiphenylether (c-PentaBDE);c) introduce an expedited procedure to amend the Annexes I – IV, VI and VIII of the Protocol.[1] According to the most recent update on 18 September 2007 by the POPs secretariat.[2] Council Decision 2004/259/EC of 19 February 2004 concerning the conclusion, on behalf of the European Community, of the Protocol to the 1979 Convention on Long Range Transboundary Air Pollution on Persistent Organic Pollutants, OJ L81, 19.3.2004, p 37.[3] Hexachlorobutadiene (HCBD); Commercial Octabromodiphenyl ether (c-OctaBDE); Pentachlorobenzene (PeCB); Polychlorinated napthalenes, (PCNs); Short-chained chlorinated paraffins (SCCPs); Perfluorooctane sulfonate (PFOS); Commmercial Pentabromodiphenylether (c-PentaBDE).[4] Inter alia Directive 2002/45/EC of the European Parliament and of the Council of 25 June 2002 amending for the twentieth time Council Directive 76/769/EEC relating to restrictions on the marketing and use of certain dangerous substances and preparations (short-chain chlorinated paraffins), OJ L177, 6.7.2002, p 21;Directive 2003/11/EC of the European Parliament and of the Council of 6 February 2003 amending for the 24th time Council Directive 76/769/EEC relating to restrictions on the marketing and use of certain dangerous substances and preparations (pentabromodiphenyl ether, octabromodiphenyl ether), OJ L 42, 15.2.2003, p 45; and Directive 2006/122/EC of the European Parliament and of the Council of 12 December 2006 amending for the 30th time Council Directive 76/769/EEC on the approximation of the laws, regulations and administrative provisions of the Member States relating to restrictions on the marketing and use of certain dangerous substances and preparations (perfluorooctane sulfonates), OJ L 372, 27.12.2006, p.32. Hexachlorobutadiene and Pentachlorobenzene are priority hazardous substances under Art. 2 of Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000 establishing a framework for Community action in the field of water policy, OJ L 327, 22.12.2000, p 1; Directive 96/61/EC concerning integrated pollution prevention and control, OJ L 257, 10.10.1996, p. 26.


Avis juridique important

|

31984H0549

84/549/EEC: Council Recommendation of 12 November 1984 concerning the implementation of harmonization in the field of telecommunications

Official Journal L 298 , 16/11/1984 P. 0049 - 0050 Spanish special edition: Chapter 16 Volume 1 P. 0199  Portuguese special edition Chapter 16 Volume 1 P. 0199

*****COUNCIL  RECOMMENDATION  of 12 November 1984  concerning the implementation of harmonization in the field of telecommunications  (84/549/EEC)  THE COUNCIL OF THE EUROPEAN  COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Article 235 thereof,  Having regard to the proposal from the Commission,  Having regard to the opinion of the European Parliament (1),  Having regard to the opinion of the Economic and Social Committee (2),  Whereas there is a need to use the full potential of telecommunications in order to assure the economic development of the Community;  Whereas in this context it is essential to achieve, amongst others, the following two objectives:  - the creation of a range of harmonized telematic (3) services offering users throughout Europe the chance to communicate efficiently and economically,  - the creation of a dynamic Community market for telecommunications equipment;  Whereas the introduction of the new integrated services digital networks (ISDNs), and of new broad-band communication services, of special use notably to business users, by all telecommunications administrations and private operating agencies recognized by the Community and offering telecommunications services, hereinafter referred to as the 'telecommunications administrations', offers a prime opportunity for the harmonization that is essential to achieve these objectives;  Whereas it is necessary to support the Community telecommunications administrations in the implementation of the urgent harmonization programmes established by the European Conference of Postal and Telecommunications Administrations (CEPT), the European Committee for Standardization (CEN)/the European Committee for Electrotechnical Standardization (Cenelec), the International Telegraph and Telephone Consultative Committee (CCITT) and the International Organization for Standardization (ISO) and to assist them in ensuring that the necessary resources, particularly of skilled manpower, are available to them,  HEREBY RECOMMENDS:  that the Governments of the Member States ensure that:  - the telecommunications administrations:  1. consult each other, preferably in the framework of CEPT, before they introduce any new service, notably between Member States, with a view to establishing common guidelines so that the necessary innovation takes place under conditions compatible with harmonization;  2. ensure that all new services that are introduced from 1985 onwards are introduced on the basis of a common harmonized approach, notably with regard to services between Member States, so that compatible services are offered throughout Europe, taking into account the progress of work in CEPT, CEN/Cenelec, CCITT and ISO;  3. from 1986 onwards, when they order digital transmission and switching systems that are designed for progressive integration of services, do so taking full account of recognized standards in the Community,  - the Commission is regularly informed of the progress of work, which it will examine periodically with the Senior Officials Group on Telecommunications set up by the Council on 4 November 1983.  (1) OJ No C 144, 15. 6. 1981, p. 71.  (2) OJ No C 138, 9. 6. 1981, p. 26.  (3) The word 'telematic' applies to all those services, systems, apparatus and products which are based on the combined use of electronic techniques of information, i.e. digital processing and transmission. The word 'telematic' is a generic term and does not of course refer to any particular commercial product under that name.


Avis juridique important

|

31986H0659

86/659/EEC: Council Recommendation of 22 December 1986 on the coordinated introduction of the integrated services digital network (ISDN) in the European Community

Official Journal L 382 , 31/12/1986 P. 0036 - 0041

COUNCIL  RECOMMENDATIONof 22 December 1986on the coordinated introduction of the integrated services  digital network (ISDN) in the European Community(86/659/EEC)THE COUNCIL OF THE  EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, Having regard to the proposal from 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), Whereas recommendation 84/549/EEC (4) calls for the introduction of services on the basis of a  common harmonized approach in the field of telecommunications; Whereas the resources offered by the telecommunications networks should be utilized to the full to  maintain the Community's worldwide competitiveness in the light of the rapid pace of development in  the telecommunications sector; Whereas the technical resources afforded by the integrated services digital network (ISDN) make it  possible to provide a range of harmonized and compatible services for all Community users and to  create new means of communication using sound, the written word and images; Whereas current investment in digital switching and digital transmission equipment in the Member  States makes it possible to envisage the development of the integrated services digital network; Whereas a coordinated policy for the introduction of the ISDN will make possible the establishment  of a European market in telephone and data-processing terminals capable of creating, by virtue of  its size, the indispensable development conditions which will enable the European  telecommunications industries to maintain and increase their share of world markets; Whereas it is appropriate to implement Council Directive 83/189/EEC of 28 March 1983 laying down a  procedure for the provision of information in the field of technical standards and regulations  (5); Whereas consideration should be given to Council Directive 86/361/EEC of 24 July 1986 on the  initial stage of themutual recognition of type approval for telecommunications terminal equipment  (6) and to Council Regulation (EEC) N° 3300/86 of 27 October 1986 instituting a Community programme  for the development of certain less-favoured regions of the Community by improving access to  advanced telecommunications (STAR programme) (7); Whereas it is appropriate to make use of the potential of the Community's financial instruments in  order to promote the development of the Member States' infrastructure; Whereas the implementation of such policy should pay proper attention to user privacy protection; Whereas the implementation of such a policy will lead to closer cooperation, at Community level,  between the telecommunications industry and the administrations and the recognized private  operating agencies offering telecommunications services, hereinafter referred to as  'telecommunications administrations'; Whereas a favourable opinion has been delivered by the senior officials group on telecommunications  (SOGT) according to which the detailed recommendations drawn up by the analysis and forecasting  group (GAP) provide a strategic basis for the development of an ISDN that will truly enable  European users to communicate efficiently and economically; Whereas favourable opinions on these recommendations have been delivered by the telecommunications  administrations, by the European Conference of Postal and Telecommunications Administrations (CEPT)  and by the telecommunications equipment manufacturers in the Member States, HEREBY RECOMMENDS: 1. that the telecommunications administrations implement the detailed  recommendations concerning the coordinated introduction of the integrated services digital network  (ISDN) in the Community, as described in the Annex; 2. that implementation of these recommendations focuses particularly on: (a) standardization and implementation of the S/T interface; (b) the timetable set out; (c) the network-penetration objectives, as compatible with commercial strategies; (1) OJ N° C 157, 24. 6. 1986, p. 3. (2) Opinion delivered on 12 December 1986 (not yet published in the Official Journal), (3) Opinion delivered on 17 September 1986 (not yet published in the Official Journal). (4) OJ N° L 298, 16. 11. 1984, p. 49. (5) OJ N° L 109, 26. 4. 1983, p. 8. (6) OJ N° L 217, 5. 8. 13. that the telecommunication administrations continue the harmonization  work within the CEPT, particularly concerning the objectives and timetable drawn up in the Annex  for those specifications on ISDN which have still to be completed; 4. that the telecommunications administrations undertake all those measures which will facilitate  the coordinated introduction of the ISDN, particularly those relating to implementation of CEPT  specifications in equipment concerned by ISDN; 5. that the Community financial instruments take this recommendation into account within the  framework of their interventions, particularly as regards the investment required for ISDN  implementation; 6. the Member State Governments encourage telecommunications administrations to implement this  recommendation; 7. that Member State Governments inform the Commission at the end of each year, from the end of  1987, of the measures taken and problems which may be encountered in the course of implementing  this recommendation. The progress of work will be actively examined by the Commission and the SOGT  set up by the Council on 4 November 1983 in order to ascertain whether the priorities and the  implementation of the programme as a whole is satisfactorily achieved. The progress of work will be  the subject of an annual report from the Commission to the European Parliament. Done at Brussels, 22 December 1986. For the CouncilThe PresidentG. SHAW ANNEXDETAILED RECOMMENDATIONS CONCERNING THE COORDINATED INTRODUCTION OF THE INTEGRATED  SERVICES DIGITAL NETWORK (ISDN) IN THE COMMUNITY1. RECOMMENDATIONS ESTABLISHED FOR THE RAPID  CONVERGENCE OF EUROPEAN ACTIVITY ON THE INTRODUCTION OF ISDNAll the following recommendations are  related and should not be dissociated. 1.1. General philosophyAll Member States are in agreement that ISDN (subscriber access at 144  Kbit/s and 2 Mbit/s) should be considered as a natural evolution of the telephone network, i.e., it  should be used by both professional and residential subscribers and the existing structure of the  current telephone network should not be fundamentally changed by this evolution. The first  decisions must take this into account. Nevertheless, the speed of market penetration will depend on numerous economic, social and cultural  factors and of course, on the impact of the network itself, i.e. the dissemination or actual  penetration of the new services at any point in time. It is clear that in all Member States, the professional sector has significantly greater  expectations and requirements for the services than the residential sector. The professional sector will be penetrated through the supply of multiservice PABXs and of ISDN  accesses. In this sector, a major submission is that the terminals connected to ISDN basic access  and behind the PABXs should also be compatible, which necessitates the use of a common standard for  both public and private networks. A significant demand from the residential sector will only develop following a sustained policy of  anticipated supply launched over such a period as to attain a critical mass of new service  penetration and thus creating in effect a 'snowball' reaction. This policy should be supported by marketing and tariffing activities to help stimulate demand. 1.2 Definition of the interface between the public and private networkA standard physical  interface between ISDN terminals and the public network is recommended. This should be at the CCITT S or T reference point and should be in accordance with CCITT and CEPT  recommendations. In the case of basic access (i.e. 144 Kbit/s) the physical interfaces at the S and T reference  points must be identical. This terminal interface should also be offered by PABX manufacturers so  that common design of terminals can be achieved. The above statements imply that for basic access at least the NT1 function is provided by the  public network operator. Agreement is urgently needed between telecommunications administrations, within the framework of  CEPT, on a standard physical interface at the T reference point for primary rate access (i.e. 2048  Kbit/s). Clearly, during a transitional phase of several years PABX multiservices will use different  standards but as soon as possible these PABXs ought to be able to offer, in addition to these  standards, the S interface. The manufacturer's representatives consulted were in agreement on this  point. 2. SERVICES TO BE DEFINED AND SPECIFIED IN DETAIL BY THE END OF 1986 IN ORDER TO BE PROVIDED IN ALL  MEMBER STATES STARTING FROM 1988The following items will have to be specified in detail at the  latest by the end of 1986. (a) Bearer servicesCircuit switched transparent at 64 Kbit/s; (b) Teleservices- Telephony 3,1 kHz at 64 Kbit/s, - Facsimile at 64 Kbi- Teletex at 64 Kbit/s, - Mixed-mode teletex/facsimile at 64 Kbit/s. (c) Suppplmentary servicesIn order to enhance the services, a common set of supplementary services  among the Member States should be implemented. These supplementary services are intended to be  added to those already available in the telephone network and to those inherent in the definition  of ISDN protocols. (Procedures for subaddressing, terminal portability, user to user signalling in  call control messages have to be specified, although their implementation is foreseen at a later  stage.)The telecommunications administrations are invited to establish, within the framework of  CEPT, the following supplementary services: - call-waiting, - calling-line identification, - closed-user-group (this service might be implemented later by some countries), - direct-dialling-in, (d) Adaptors (for connection of existing terminals to the ISDN via the S interface)- adaptor X  21, - adaptor X 25 on the B channel (for access to packet switched services), - A/D adaptor specified according to national needs. Note 1Special attention should be given to the definition of personal computer use on the bearer  service at 64 Kbit/s. Note 2Special attention should be given to compatibility between circuit switched and packet  switched services, where compatibility may be realized in the terminal or in the network. 3. SERVICES TO BE SPECIFIED BY THE END OF 1987 AND WHICH MIGHT BE IMPLEMENTED DURING THE PERIOD  1988 to 1993(The precise date of introduction of such services will be decided as soon as  possible.)(a) Bearer servicePacket bearer service on D channelThe telecommunications  administrations are invited to study within the framework of CEPT the usefulness of teleservices,  in particular videotex, teletex, message handling and teleaction on packet bearer service. (b) Teleservices at 64 Kbit/sIn order to augment demand, the following list of teleservices should  be considered with priority: - Telephony (7 kHz at 64 Kbit/s), - Audioconference at 64 Kbit/s, - Videotex alphageometric at 64 Kbit/s, - Image transmission and computer communication at 64 Kbit/s. For these two teleservices, the  telecommunications administrations are asked to identify, within the framework of CEPT, possible  services and produce detailed specifications of first services. (c) Adaptors- X 21 bis, - for asynchronous terminals (V 24). (d) Supplementary servicesThe telecommunications administrations are invited to study, within the  framework of CEPT, by the end of 1987, the following list of supplementary services based on CEPT's  own list. - Advice of charge, - Completion of call meeting busy, - Conference call, - Diversion, - Freephone, - Malicious call identification, - Three party call, - Called user identification. NoteThe provision of these supplementary services assumes the availability of an ISDN user part  (ISUP). Should the ISUP not be available, their provision via the telephone user part (TUP) + may  be restricted. 4. SERVICES TO BE SPECIFIED BY THE END OF 1990(a) Teleservices based on packet serviceIf the  telecommunications administrations agree on the need to specify such packet services, referred to  in paragraph 3 (a). - Teletex, - Videotex, - Message handling (see CCITT recommendation X 400), - Teleaction, set of services providing to the users a reliable transfer of small volumens of  packed-sized information. This service may be adapted to several teleservices: tele-alarm,  telesupervision, tele-alert, telecommand, telemetry, teleshopping, etc. (b) Teleservices based on 64 Kbit/s- Audiography at 64 Kbit/s, - Alphaphotographic videotex at 64 Kbit/s, - If possible, viewphone at 64 Kbit/s. (c) Supplementary servicesWork to be continued. 5. NUMBERING, ADDRESSING AND SIGNALLINGThe achievement of the full CEPT specifications on ISUP,  signalling connection control part (SCCP) and transaction capabilities (TCAP) is recommended to the  telecommunications administrations in order to reach a common standard within Europe at the  earliest opportunity. As an interim solution, it is recommended to all telecomunications administrations that, starting  from 1988 and when CCITT N° 7 is introduced, international digital exchanges (linked by digital  circuits or possibly also by analogue circuits) should be interconnected by means of the enhanced  telephone user part (TUP +) for both PSTN and ISDN services. The telecommunications administrations should provide within the framework of CEPT detailed  technical specifications on TUP + by the end of 1986. It is required that interworking with the existing public telephone network is also achieved,  including some means for identifying different teleservices and terminals. NoteThe TUP + is based on the red book TUP of CCITT enhanced to meet ISDN requirements, including  the supplementary services hereabove. 6. TARIFF CONSIDERATIONThe issue of tariff levels and structures for the ISDN is fundamental for  its rapid take-up. In the longer term, following an inevitable period of high investment costs, the level of  investment per basic access should be comparable with that of the current telephone network, with  an investment structure related to the type of transmission Several studies on ISDN tariffs have  still to be completed. The telecommunications administrations are invited to study within the  framework of CEPT the following proposals: - In accordance with current trends, tariffs for all services, including telephony, should be less  dependant on distance than at present (always bearing in mind the problems of transit costs through  other countries). - In the transitional phase from the analogue network to the ISDN corresponding to the period 1988  to 1993, the telecommunications administrations are requested to study within CEPT the relationship  between, on the one hand, the tariff threshold applicable to ISDN services and ISDN basic access  and, on the other, tariffs applicable to telephony. - Tariffs for teleservices which use the same bearer capabilities should be independent of the  teleservice. On the contrary, all value added by the network should be charged independently of the  utilization of the bearer capabilities. - An agreement should be obtained on the ratio between the monthly rental for the primary rate  access (2 048 Kbit/s) and that for the basic access (144 Kbit/s). A ratio of the order of 10 might be discussed. 7. INTERWORKING BETWEEN NATIONAL ISDN TRIALSThose administrations implementing national trials of  ISDN before the full implementations of the present recommendations should endeavour, where  provided, to interconnect these services in order to increase early experience of ISDN in Europe. 8. LEVEL OF PENETRATIONForecasts of demand in new fields, such as the services supported by ISDN,  do not provide a particularly relevant basis for market planning. Nevertheless, it is realistic to set objectives attainable over the next eight years, i.e. up to  the end of 1993, for a level of penetrations of ISDN which permits the market for services and  terminals to reach a mature phase. The objective should be for an adequate geographic coverage and rate of penetration at national  level for each country. The administration should plan to provide by 1993 ISDN accesses for a number equivalent to 5 % of  1983 subscriber main lines. This figure depends, among other things, on the capability of the  industry to offer cost effective ISDN solutions for the infrastructure and the terminal  equipments. The territorial coverage shou


Avis juridique important

|

32001H0893

Commission Recommendation of 7 December 2001 on principles for using "SOLVIT" –- the Internal Market Problem Solving Network (Text with EEA relevance) (notified under document number C(2001) 3901)

Official Journal L 331 , 15/12/2001 P. 0079 - 0082

Commission Recommendationof 7 December 2001on principles for using "SOLVIT" -- the Internal Market Problem Solving Network(notified under document number C(2001) 3901)(Text with EEA relevance)(2001/893/EC)THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community, and in particular Article 211 thereof,Whereas:(1) Article 3 of the Treaty sets out the aim of abolishing all obstacles to free movement of goods, persons, services and capital between the Member States to create what is known as an Internal Market. Citizens and businesses, particularly small businesses, alike would benefit if there were a way of resolving informally the problems which arise when rules intended to achieve that aim are not applied correctly.(2) The Single Market Action Plan of 1997(1) called on Member States to establish "Contact Points for citizens and for business" to which specific Internal Market problems can be channelled. Member States also established "Coordination Centres" to work together to resolve cross-border problems, which are caused by misapplication of Internal Market rules by public administrations ("the problem solving network").(3) The problem solving network has now been in place for three years. Member States and the Commission, through the Internal Market Advisory Committee, have looked at how effective it is. They concluded that one of its main weaknesses was that cases were not all given the same standard of treatment and that outsiders could not see how it was working.(4) The Commission has set out its ideas on problem solving in its Communication on effective problem solving in the Internal Market ("SOLVIT"(2). It proposed a new approach called "SOLVIT". It is proposed to make the network more effective by setting up a shared online database. Coordination Centres in the Member States will register and track cases which will be more efficient and make it easier for citizens to see how it works.(5) Common principles should be laid down to make sure that SOLVIT is responsive to the needs of citizens and businesses and that efforts by one Member State will be replicated in all others. Furthermore, Member States should ensure that adequate human and financial resources are available so that Coordination Centres are able to deal with an increased number of cases, to provide a high quality service to users, and to promote awareness.(6) The European Parliament, the Council,(3) the Economic and Social Committee(4) and the Committee of the Regions(5) have all stressed the need for more effective ways of problem solving.(7) The White Paper on European Governance(6) is part of efforts to make the Union more tangible for its citizens and businesses. It also affirms the responsibility of national administrations and courts for enforcing and applying Community law correctly.(8) Since SOLVIT is a network for informal problem resolution, it should only deal with cases, which are not the subject of legal proceedings at national or Community level. An applicant remains free to launch such proceedings at any time, in which case the problem will be registered as closed in the database. Where other effective cross-border problem-solving mechanisms exist and are effective, SOLVIT is not intended to replace them, but to direct appropriate cases to those mechanisms.(9) Successful problem resolution requires the Member States' Coordination Centres to work together. The Coordination Centre in the Member State of the applicant should ensure that the case is valid and that all relevant information is made available. It is then up to the Coordination Centre in the Member State where the problem occurs to take steps to resolve it.(10) Both Coordination Centres should confirm that a case is valid and that they will use their best endeavours to resolve it within a fixed deadline, which may be extended in exceptional circumstances.(11) Applicants should be informed in advance how cases are handled and what deadlines apply. They should be reminded that other more formal means of redress, such as legal proceedings, might also be available to them. In order to benefit from such formal means, a case may need to be lodged within certain deadlines, which will not be suspended as a result of using SOLVIT. Applicants do not have to accept proposed solutions. As SOLVIT is an informal problem-solving mechanism, it does not provide for ways for the applicant to challenge proposed solutions.(12) All proposed solutions should be in full conformity with Community law. The Commission reserves the right to take action against Member States whenever it considers that this may not be the case.(13) All appropriate steps should be taken to protect confidential information.(14) The principles set out in this Recommendation should apply from the time when the online database becomes operational,HEREBY RECOMMENDS:I. GENERALA. Subject-matter and scopeThis Recommendation, sets out Principles to be followed by their Coordination Centres of the Member States when they deal with cross-border problems related to the application of Internal Market rules as part of the SOLVIT network.It does not apply to problems which are the subject of legal proceedings at national or Community level.B. DefinitionsFor the purposes of this Recommendation, the following definitions apply:1. "Coordination Centre": department in the administration of a Member State with responsibility for handling cross-border problems raised by individuals or businesses;2. "Home Coordination Centre": the Coordination Centre in the Member State in which the cross-border problem was raised;3. "Lead Coordination Centre": the Coordination Centre in the Member State in which the cross-border problem occurred;4. "cross-border problem": problem confronting an individual or business in a Member State involving the application of Internal Market rules by a public authority in another Member State; this includes situations where a citizen or business having an administrative link (e.g. nationality, qualifications, establishment) with one Member State is already in the second Member State where the problem occurs;5. "Internal Market rules": provisions governing the functioning of the Internal Market within the meaning of Article 14(2) of the Treaty;6. "legal proceedings": formal proceedings for the resolution of a dispute before a judicial or quasi-judicial body;7. "applicant": an individual or business which has submitted a cross-border problem to a Coordination Centre.II. PRINCIPLESA. Home Coordination Centre1. The Home Coordination Centre should enter the cross-border problem in the SOLVIT database.2. Before entering a case in the database, the Home Coordination Centre should:(a) check its merits;(b) verify whether the case could be better resolved by other means, for example, through the Euro Info Centres Network;(c) check whether legal proceedings would be more appropriate.It should not enter a case in the database if it is already the subject of legal proceedings. If an applicant decides, at any stage, to initiate legal proceedings, the case should be removed from the database.3. When entering a case in the database, the Home Coordination Centre should make available to the Lead Coordination Centre all relevant information so that the case can be resolved quickly, subject to the confidentiality safeguards referred to in H.4. It should maintain contact with the applicant until the case is closed.B. Lead Coordination Centre1. The Lead Coordination Centre should confirm acceptance of the case within one week and forward it to the appropriate part of its Administration for action. Any additional information required should be requested from the Home Coordination Centre as soon as possible. If the Lead Coordination Centre does not accept a case, this should be automatically indicated in the database and reasons for the rejection given. The Home Coordination Centre should inform the applicant, who may pursue the case through more formal proceedings.2. The "Lead" Coordination Centre should take responsibility for resolving the cross-border problem.C. Information of the applicant1. The Home Coordination Centre should inform applicants in advance about the procedure and deadlines. This should include information that more formal means of redress may be available at national and Community level. It should be pointed out that under national law certain deadlines might have to be respected in order to preserve legal rights and that SOLVIT does not affect these deadlines.2. Applicants should also be informed that they do not have to accept proposed solutions. However, proposed solutions cannot be challenged within SOLVIT. If a problem cannot be solved through SOLVIT, or if a solution proposed is considered to be unacceptable, an applicant may still initiate formal proceedings, if so desired. If formal proceedings are launched during the problem- solving phase, this will result in the case being removed from SOLVIT.D. Access to SOLVIT database1. The Home Coordination Centre and the Lead Coordination Centre should be able to register information in the SOLVIT database and to close the case.2. The other Coordination Centres should only have read-only access to the information on the case, which will be made anonymous. Applicants should have read-only access to their cases.E. Deadlines1. As soon as the Lead Coordination Centre confirms acceptance of a case, the database should indicate the date by when the problem should be resolved. The deadline for resolving problems should be ten weeks.2. In exceptional cases, the Home and Lead Coordination Centres may agree to extend the deadline by up to four weeks if they consider it probable that a solution can be found within that time.F. Exchange of information and communication1. The Lead Coordination Centre should use its best endeavours to resolve the case in close cooperation with other parts of its Administration.2. Maximum use should be made of electronic mail and other rapid means of communication.3. The Lead Coordination Centre should keep the Home Coordination Centre informed of progress. It should update the information in the database whenever there is a change or at least once a month.4. The Home and Lead Coordination Centres should agree between themselves what language they will use to communicate with each other, bearing in mind the aim of resolving problems through informal contacts as quickly and efficiently as possible, in the interests of the applicant.5. The Home Coordination Centre should be responsible for providing translations of documents submitted by the applicant, whenever necessary.G. Outcome of a case1. All proposed solutions should be in full conformity with Community law. The Commission reserves the right to take action against Member States whenever it considers that this may not be the case.2. When a solution is found to a cross-border problem within the deadline, the Lead and Home Coordination Centres should confirm their agreement that the problem has been solved and register that fact in the database. The Lead Coordination Centre should inform the Home Coordination Centre how the applicant can benefit from the solution.3. If the Lead Coordination Centre concludes that the Member State concerned has complied with Internal Market law and that the case is unfounded, it should enter that fact in the database. The Home Coordination Centre should inform the applicant of the reasons. The applicant may, if desired, pursue the case through more formal proceedings.H. Confidentiality1. The Home Coordination Centre should normally disclose the applicant's identity to the Lead Coordination Centre to facilitate problem solving. The applicant should be informed of this at the start of the process and offered the opportunity to object, in which case the applicant's identity should not be disclosed.2. The information provided by the applicant should be used by the Lead Coordination Centre only for resolving the case.3. Appropriate steps should be taken to safeguard commercially sensitive or personal data at all times and especially when transferring data across the network.III. DATE OF APPLICATION AND ADDRESSEESThis Recommendation applies from 1 June 2002.This Recommendation is addressed to the Member States.Done at Brussels, 7 December 2001.For the CommissionFrederik BolkesteinMember of the Commission(1) CSE (97) 1 final of 4.6.1997.(2) COM (2001) 702 final of 27.11.2001.(3) Council conclusion of 31 May 2001.(4) CES 702/2001 of 30-31 May 2001.(5) CdR 200/2001Rev. 2 of 14/15 November 2001.(6) COM(2001) 428 of 25.4.2001.