title: Council Recommendation of 28 June 2011 — ‘Youth on the move’ — promoting the learning mobility of young people

text:
               7.7.2011

               EN

               Official Journal of the European Union

               C 199/1

         COUNCIL RECOMMENDATION
   of 28 June 2011
   ‘Youth on the move’ — promoting the learning mobility of young people
   2011/C 199/01
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Articles 165 and 166 thereof,
   Having regard to the proposal from the European Commission,
   Whereas:

               (1)

               In its communication of 3 March 2010 entitled ‘Europe 2020 — A European strategy for smart, sustainable and inclusive growth’, the Commission set out as one of its priorities the development of an economy based on knowledge and innovation (‘smart growth’), and highlighted a flagship initiative (‘Youth on the Move’) in order to enhance the performance and international attractiveness of Europe's higher education institutions and to raise the overall quality of all levels of education and training in the Union, combining both excellence and equity, by promoting the mobility of young people and improving their employment situation. This Recommendation forms part of the ‘Youth on the Move’ initiative, and is consistent with the Europe 2020 Integrated Guidelines.

               (2)

               Learning mobility, meaning transnational mobility for the purpose of acquiring new knowledge, skills and competences, is one of the fundamental ways in which young people can strengthen their future employability, as well as their intercultural awareness, personal development, creativity and active citizenship. Europeans who are mobile as young learners are more likely to be mobile as workers later in life. Learning mobility can make education and training systems and institutions more open, more European and international, more accessible and more efficient. It can also strengthen Europe's competitiveness by helping to build a knowledge-intensive society.

               (3)

               The benefits of mobility were underlined by the Resolution of the Council and of the Representatives of the Governments of the Member States, meeting within the Council, of 14 December 2000 concerning an action plan for mobility (1), and by the Recommendation of the European Parliament and of the Council of 10 July 2001 on mobility within the Community for students, persons undergoing training, volunteers, teachers and trainers (2). That 2001 Recommendation invited Member States to take appropriate steps to remove obstacles to the mobility of these groups.

               (4)

               Much has been achieved in the area of youth mobility since the 2001 Recommendation. However, not all instruments and tools are used to the fullest extent possible and many obstacles remain. Moreover, the whole context of learning mobility has changed considerably in the last decade, inter alia, due to globalisation, technological progress, including information and communication technologies (‘ICTs’) and stronger emphasis on employability and on the social dimension.

               (5)

               The conclusions of the Council and of the Representatives of the Governments of the Member States, meeting within the Council, of 22 May 2008 on promoting creativity and innovation through education and training emphasised that diversity and multicultural environments can stimulate creativity.

               (6)

               In its conclusions on youth mobility of 21 November 2008, the Council invited Member States to adopt the objective of gradually making periods of learning abroad the rule rather than the exception for all young Europeans. The Council invited the Commission to establish a work plan to include cross-border mobility measures in all European programmes and to support Member States in their efforts to promote mobility.

               (7)

               The Council conclusions of 26 November 2009 on the professional development of teachers and school leaders recognised that teaching staff at all levels could draw greater benefit from increased learning mobility and networking.

               (8)

               The Commission published the Green Paper on promoting the learning mobility of young people in July 2009, which launched a public consultation on a number of questions, such as: how best to boost mobility opportunities for young Europeans, what obstacles to mobility still need to be overcome and how all players involved can join forces in a new partnership for learning mobility. The feedback to this consultation has provided important input to this Recommendation, as have opinions received from the European Economic and Social Committee (3) and the Committee of the Regions (4).

               (9)

               Young researchers’ mobility must also be encouraged in order to ensure the Union does not lag behind its competitors in research and innovation. The Commission Communication of 23 May 2008 on better careers and more mobility: a European partnership for researchers proposed a set of actions to ensure that researchers across the Union benefit from the right training, attractive careers and removal of barriers to their mobility, while the Council conclusions of 2 March 2010 on European researchers’ mobility and careers identified concrete considerations on how to improve researcher mobility and identified several areas for action in order to promote the free movement of knowledge (the ‘fifth freedom’).

               (10)

               Union programmes, in addition to providing substantial support to mobility and contributing to the development and internationalisation of education systems, have enabled the dissemination at the level of the Union of good practice and tools, which aim to facilitate the mobility of young people in all learning and training contexts.

               (11)

               Economic considerations make it particularly necessary to ensure the efficient use and administrative simplification of existing national and Union programmes and tools for the promotion and support of learning mobility.

               (12)

               This Recommendation refers to young people in Europe in all learning and training contexts, at school, in vocational training (school-based or apprenticeships), in short-cycle programmes and within bachelor, master and doctoral degrees, as well as in youth exchanges, voluntary activities or internships, inside or outside the Union. Learning mobility is seen as relevant to all disciplines and areas, such as culture, science, technology, arts and sports, and also for young entrepreneurs and researchers. Within the meaning of this Recommendation, learning covers formal, non-formal and informal learning.

               (13)

               This Recommendation seeks to encourage Member States to promote the learning mobility of young people and, where possible, to remove obstacles which are impeding progress in this area. At the same time, it fully respects Member States’ competences and responsibilities under national and Union legislation.

               (14)

               This Recommendation also encourages the Member States to use the full potential of existing Union and Bologna instruments to facilitate mobility, in particular the European Quality Charter for Mobility, Europass (including the Diploma Supplement), Youthpass, the European Qualifications Framework, the European Credit Transfer and Accumulation System, and the European Credit System for Vocational Education and Training.

               (15)

               This Recommendation provides specific guidance on administrative and institutional issues relating to the learning mobility of young people,

         HEREBY RECOMMENDS THAT MEMBER STATES:
   1.   Information and guidance on opportunities for learning mobility

               (a)

               improve the quality of information and guidance on national, regional and local mobility opportunities and grant availability, targeting specific groups of learners, both within and outside the Union. Member States should make use of new, creative and interactive ways to disseminate information, communicate and exchange with young people and all other stakeholders;

               (b)

               make information easily accessible to all young people regarding learning mobility, for example through centralised web portals and other web services, support centres (such as ‘European offices’), information and counselling services. The use of Internet-based services can also be helpful. It is recommended to use the Euroguidance network in this context;

               (c)

               cooperate with the Commission to further develop and update the PLOTEUS portal on learning opportunities, namely by increasing the number of national information resources that citizens can directly access through the multilingual PLOTEUS interface;

               (d)

               encourage the relevant national and regional agencies to ensure that their work is integrated with that of stakeholders in learning mobility to ensure a clear, coherent and simple flow of information.

         2.   Motivation to participate in transnational learning mobility activities

               (a)

               promote the added value of learning mobility among learners, their families, teachers, trainers, youth workers and employers in terms of self-fulfilment and the development of professional, linguistic, social and intercultural competences, creativity, active citzenship and future employability, in particular in the context of an increasingly global labour market;

               (b)

               encourage networking between the relevant organisations, stakeholders and other actors, in order to ensure a coordinated approach to motivating young people;

               (c)

               encourage peer exchange between mobile and not yet mobile learners in order to improve motivation;

               (d)

               foster a ‘mobility culture’, for example by mainstreaming mobility opportunities into all learning contexts and by promoting greater social recognition of the value of learning mobility.

         3.   Preparation of opportunities for learning mobility, particularly with regard to foreign language skills and intercultural awareness

               (a)

               acknowledge the importance of language learning and acquiring intercultural competences starting at early stages of education, by encouraging quality linguistic and cultural preparation for mobility in both general and vocational education;

               (b)

               encourage teachers to use more innovative methods for the delivery of language learning, including those based on ICTs. Particular attention should be given to disadvantaged learners and their specific needs;

               (c)

               foster the acquisition of basic digital competences by young people so as to ensure that they can prepare their mobility in optimal conditions, as well as take advantage of new opportunities for virtual mobility, which complement physical mobility;

               (d)

               encourage the development of partnerships and exchanges between education institutions, as well as between providers of non-formal learning, in order to better prepare periods of mobility.

         4.   Administrative and institutional issues relating to the learning period abroad

               (a)

               resolve, where possible, administrative issues that create difficulties in obtaining visas and residency permits for non-European Union residents who wish to pursue a learning opportunity in a Member State;

               (b)

               reduce, where possible, administrative burdens in order to promote learning mobility to and from the Union. Greater cooperation and partnerships with third countries, agreements between the relevant authorities across Member States and bilateral agreements between institutions would facilitate learning mobility between the Union and other parts of the world;

               (c)

               consider issues resulting from different legal rules across the Union with regard to minors taking part in learning mobility schemes;

               (d)

               define clear systems for encouraging apprentices in initial vocational education to engage in learning mobility. To foster the learning mobility of apprentices and also of young researchers, Member States should, in accordance with their national legislation, ensure appropriate access to protection in terms of insurance, labour standards, health and safety requirements and tax, social security and pension arrangements;

               (e)

               actively encourage jointly developed and delivered education and training programmes with institutions in other countries;

               (f)

               integrate opportunities for learning mobility into the curriculum or training programme, where appropriate. In addition, provide opportunities also for short mobility periods, which may help to encourage more young people to be mobile.

         5.   Portability of grants and loans
   promote the portability of grants, loans and appropriate access to relevant benefits, in order to facilitate the learning mobility of young people.
   6.   Quality of learning mobility

               (a)

               use existing quality charters, such as the European Quality Charter for Mobility and national and regional-level charters, in order to ensure that mobility is of high quality, and promote quality assurance for each aspect of mobility;

               (b)

               encourage continuous dialogue and clear arrangements between the sending and the hosting institutions, for example by using learning agreements. Encourage the recognition of knowledge, skills and competences acquired, transparent selection procedures, peer exchange and structured learner support;

               (c)

               encourage regular feedback mechanisms following a period of learning mobility, in order to ensure the high quality of the experience;

               (d)

               encourage mentoring and peer learning schemes to ensure the integration of mobile learners in the host country or institution;

               (e)

               encourage the provision of convenient and affordable facilities, such as housing, catering and transport, for mobile learners;

               (f)

               encourage the provision of guidance to learners on how to make the best use of learning mobility in order to develop their knowledge, skills and competences;

               (g)

               encourage the provision of guidance to mobile learners after their return on how to make use of the competences acquired during their stay abroad. Provide help with reintegration after a long stay abroad.

         7.   Recognition of learning outcomes

               (a)

               promote the implementation and use of Union instruments which facilitate the transfer and validation of the learning outcomes of mobility experiences between Member States. Those instruments should also be better publicised, especially among employers;

               (b)

               improve procedures and guidelines for the validation and recognition of both informal and non-formal learning in order to facilitate more mobility, for example in voluntary activities and youth work;

               (c)

               address the issue of validation and recognition of knowledge, skills and competences, such as foreign language skills, acquired during mobility periods abroad;

               (d)

               support, and enhance the visibility of, contact points where individuals can obtain information on how their qualifications can be recognised and certified after their return from abroad;

         8.   Disadvantaged learners
   provide disadvantaged learners, who may be deprived of opportunities for learning mobility, with targeted information on available programmes and support tailored to their specific needs.
   9.   Partnerships and funding

               (a)

               encourage learning mobility partnerships with both public and private actors operating at regional and local level. Chambers of commerce, business, vocational education and training and professional associations and non-governmental organisations can be valuable partners in this context. In addition, networks of schools, universities and enterprises exchanging information, news and experience should be fostered;

               (b)

               encourage regional and local authorities to play an increasing role in promoting learning mobility by building on existing networks and creating new partnerships;

               (c)

               stimulate active cooperation and communication, including awareness-raising and advocacy about the value of learning mobility, between the education and the business sector, since the involvement of businesses is an important factor in strengthening youth mobility, for example by providing work placements. Where appropriate, provide incentives, such as special grants to businesses, in accordance with Union and national legislation, aimed at encouraging their engagement in providing placements;

               (d)

               contribute to the coherence and complementarity of national and Union programmes, with a view to creating synergies and improving the efficiency of mobility programmes.

         10.   Role of multipliers

               (a)

               encourage the use of ‘multipliers’ such as teachers, trainers, families, youth workers and young people who have participated in a mobility experience to inspire and motivate young people to become mobile. Encourage employers in the field of education to recognise and value teachers’, trainers’ and youth workers’ commitment to learning mobility;

               (b)

               promote and support opportunities for learning mobility as a component in the initial training and continuous professional development of heads of educational institutions, teachers, trainers, administrative staff and youth workers.

         11.   Monitoring progress

               (a)

               support — on a voluntary basis — work on the feasibility of creating a methodological framework for monitoring progress in promoting, and removing obstacles to, learning mobility, based on a preparatory study carried out by the Eurydice network with the assistance of experts from the Member States and making full use of existing sources of data and information;

               (b)

               report to the Commission on progress in promoting, and removing obstacles to, learning mobility within the framework of the existing reporting structures of the strategic framework for European cooperation in education and training (‘ET 2020’).

         HEREBY TAKES NOTE OF THE COMMISSION'S INTENTION TO:

               1.

               ensure — in close cooperation with the Member States — the full and efficient use of Union programmes and budgets, in particular in the field of lifelong learning, in order to extend and broaden learning opportunities for young people, including by considering use of the European structural and cohesion funds and the European Investment Bank (5);

               2.

               support Member States’ efforts aimed at promoting learning mobility, in particular by considering the implications of this recommendation for the next generation of Union programmes in the fields of education and training and youth and for the next multi-annual financial framework of the Union;

               3.

               improve, in cooperation with the Member States, the statistical framework used to measure transnational learning mobility;

               4.

               study the feasibility, in close cooperation with experts from the Member States, of developing a methodological framework — referred to in the Commission communication on ‘Youth on the Move’ as a ‘Mobility Scoreboard’ — for monitoring progress in promoting, and removing obstacles to, learning mobility;

               5.

               evaluate progress in removing obstacles to learning mobility after the first four years of implementation of this Recommendation.

      Done at Luxembourg, 28 June 2011.

            For the Council

            The President

         FAZEKAS S.

      (1)  OJ C 371, 23.12.2000, p. 4.

      (2)  OJ L 215, 9.8.2001, p. 30.

      (3)  OJ C 255, 22.9.2010, p. 81.

      (4)  OJ C 175, 1.7.2009, p. 31.

      (5)  As well as considering the feasibility of developing new means of financial support — including a possible European student loans’ facility — in accordance with the Council's invitation to the Commission in the November 2008 conclusions on youth mobility.


title: Commission Recommendation of 30 April 2009 complementing Recommendations 2004/913/EC and 2005/162/EC as regards the regime for the remuneration of directors of listed companies (Text with EEA relevance)

text:
               15.5.2009

               EN

               Official Journal of the European Union

               L 120/28

      COMMISSION RECOMMENDATION

   of 30 April 2009
   complementing Recommendations 2004/913/EC and 2005/162/EC as regards the regime for the remuneration of directors of listed companies
   (Text with EEA relevance)
   (2009/385/EC)
   THE COMMISSION OF THE EUROPEAN COMMUNITIES,
   Having regard to the Treaty establishing the European Community, and in particular the second indent of Article 211 thereof,
   Whereas:

               (1)

               On 14 December 2004, the Commission adopted Recommendation 2004/913/EC fostering an appropriate regime for the remuneration of directors of listed companies (1) and on 15 February 2005 the Commission adopted Recommendation 2005/162/EC on the role of non-executive or supervisory directors of listed companies and on the committees of the (supervisory) board (2). The main objectives of those Recommendations are to ensure transparency of remuneration practices, shareholder control on the remuneration policy and individual remuneration through disclosure and the introduction of a mandatory or advisory vote on the remuneration statement and shareholder approval for share-based remuneration schemes, effective and independent non-executive supervision and at least an advisory role of the remuneration committee with regard to remuneration practices.

               (2)

               It follows from those Recommendations that the Commission should monitor the situation, including implementation and application of the principles included in those Recommendations, and assess the need for further measures. Moreover, experience over the last years, and more recently in relation to the financial crisis, has shown that remuneration structures have become increasingly complex, too focused on short-term achievements and in some cases led to excessive remuneration, which was not justified by performance.

               (3)

               Whilst the form, structure and level of directors’ remuneration continue to be matters primarily falling within the competence of companies, their shareholders and, where applicable, employee representatives, the Commission considers that there is a need for additional principles regarding the structure of directors’ remuneration, as set out in a company’s remuneration policy and the process of determining remuneration and control on that process.

               (4)

               This Recommendation is without prejudice to the rights, where applicable, of social partners in collective bargaining.

               (5)

               The existing regime for the remuneration of directors of listed companies should be strengthened by principles which are complementary to those contained in Recommendations 2004/913/EC and 2005/162/EC.

               (6)

               The structure of directors’ remuneration should promote the long-term sustainability of the company and ensure that remuneration is based on performance. Variable components of remuneration should therefore be linked to predetermined and measurable performance criteria, including criteria of a non-financial nature. Limits should be set on the variable components of remuneration. Significant variable components of remuneration should be deferred for a certain period, for example, three to five years, subject to performance conditions. Further, companies should be able to reclaim variable components of remuneration that were paid on the basis of data, which proved to be manifestly misstated.

               (7)

               It is necessary to ensure that termination payments, so-called ‘golden parachutes’, are not a reward for failure and that the primary purpose of termination payments as a safety net in case of early termination of the contract is respected. To that purpose, termination payments should be limited to a certain amount or duration beforehand, which, in general, should not be more than two years’ annual remuneration (on the basis of only the non-variable component of the annual remuneration) and not be paid if the termination is due to inadequate performance or if a director leaves on his own account. This does not preclude termination payments in situations of early termination of the contract, due to changes in the strategy of the company or in merger and/or takeover situations.

               (8)

               Schemes under which directors are remunerated in shares, share options or any other right to acquire shares or be remunerated on the basis of share price movements should be better linked to performance and long-term value creation of the company. Therefore, an appropriate vesting period should apply to shares, whereby vesting is made subject to performance conditions. Share options and rights to acquire shares or be remunerated on the basis of share price movements should be not be exercisable during an appropriate period and the right to exercise them should be made subject to performance conditions. In order to further prevent conflicts of interest of directors who hold shares in the company, these directors should be obliged to retain a part of their shares until the end of their mandate.

               (9)

               In order to facilitate the shareholders’ assessment of the company’s approach to remuneration and strengthen the company’s accountability towards its shareholders, the remuneration statement should be clear and easily understandable. Moreover, further disclosure of information relating to the structure of remuneration is necessary.

               (10)

               In order to increase accountability, shareholders should be encouraged to attend general meetings and make considered use of their voting rights. In particular, institutional shareholders should take a leading role in the context of ensuring increased accountability of boards with regard to remuneration issues.

               (11)

               Remuneration committees, as referred to in Recommendation 2005/162/EC, fulfil an important role in designing a company’s remuneration policy, preventing conflicts of interests and supervising the (managing) board’s behaviour in the context of remuneration. To strengthen the role of those committees, at least one member thereof should have expertise in the field of remuneration.

               (12)

               Remuneration consultants may have conflicting interests, for instance when they advise the remuneration committee on remuneration practices and arrangements, and at the same time advise the company or the executive or managing director(s). It is appropriate for remuneration committees to exercise caution when hiring remuneration consultants in order to ensure that the same consultants do not advise the human resources department of the company or executive or managing directors at the same time.

               (13)

               In view of the importance of the question of remuneration of directors and in order to enhance the effective application of the Community framework on directors’ remuneration, the Commission intends to make extended use of different monitoring mechanisms, such as annual scoreboards and mutual evaluation by Member States. Moreover, the Commission intends to explore the possibilities of standardising disclosure of directors’ remuneration policy.

               (14)

               The notification of measures by Member States in accordance with this Recommendation should include a clear time-frame for companies to adopt remuneration policies consistent with the principles set out in this Recommendation,

         HEREBY RECOMMENDS:

      SECTION I

      Scope and definitions

   1.   Scope

               1.1.

               The scope of section II of this Recommendation corresponds to that of Recommendation 2004/913/EC.
               The scope of section III of this Recommendation corresponds to that of Recommendation 2005/162/EC.

               1.2.

               Member States should take all appropriate measures to ensure that listed companies, to which Recommendations 2004/913/EC and 2005/162/EC are applicable, have regard to this Recommendation.

         2.   Definitions in addition to those laid down in Recommendations 2004/913/EC and 2005/162/EC

               2.1.

               ‘Variable components of remuneration’ means components of directors’ remuneration entitlement which are awarded on the basis of performance criteria, including bonuses.

               2.2.

               ‘Termination payments’ means any payment linked to early termination of contracts for executive or managing directors, including payments related to the duration of a notice period or a non-competition clause included in the contract.

      SECTION II

      Remuneration policy

   (section II of Recommendation 2004/913/EC)
   3.   Structure of the policy on directors’ remuneration

               3.1.

               Where the remuneration policy includes variable components of remuneration, companies should set limits on the variable component(s). The non-variable component of remuneration should be sufficient to allow the company to withhold variable components of remuneration when performance criteria are not met.

               3.2.

               Award of variable components of remuneration should be subject to predetermined and measurable performance criteria.
               Performance criteria should promote the long-term sustainability of the company and include non-financial criteria that are relevant to the company’s long-term value creation, such as compliance with applicable rules and procedures.

               3.3.

               Where a variable component of remuneration is awarded, a major part of the variable component should be deferred for a minimum period of time. The part of the variable component subject to deferment should be determined in relation to the relative weight of the variable component compared to the non-variable component of remuneration.

               3.4.

               Contractual arrangements with executive or managing directors should include provisions that permit the company to reclaim variable components of remuneration that were awarded on the basis of data which subsequently proved to be manifestly misstated.

               3.5.

               Termination payments should not exceed a fixed amount or fixed number of years of annual remuneration, which should, in general, not be higher than two years of the non-variable component of remuneration or the equivalent thereof.
               Termination payments should not be paid if the termination is due to inadequate performance.

         4.   Share-based remuneration

               4.1.

               Shares should not vest for at least three years after their award.
               Share options or any other right to acquire shares or to be remunerated on the basis of share price movements should not be exercisable for at least three years after their award.

               4.2.

               Vesting of shares and the right to exercise share options or any other right to acquire shares or to be remunerated on the basis of share price movements, should be subject to predetermined and measurable performance criteria.

               4.3.

               After vesting, directors should retain a number of shares, until the end of their mandate, subject to the need to finance any costs related to acquisition of the shares. The number of shares to be retained should be fixed, for example, twice the value of total annual remuneration (the non-variable plus the variable components).

               4.4.

               Remuneration of non-executive or supervisory directors should not include share options.

         5.   Disclosure of the policy on directors’ remuneration

               5.1.

               The remuneration statement, mentioned in point 3.1 of Recommendation 2004/913/EC, should be clear and easily understandable.

               5.2.

               In addition to the information set out in point 3.3 of Recommendation 2004/913/EC, the remuneration statement should include the following:

                           (a)

                           an explanation how the choice of performance criteria contributes to the long-term interests of the company, in accordance with point 3.2 of this Recommendation;

                           (b)

                           an explanation of the methods, applied in order to determine whether performance criteria have been fulfilled;

                           (c)

                           sufficient information on deferment periods with regard to variable components of remuneration, as referred to in point 3.3 of this Recommendation;

                           (d)

                           sufficient information on the policy regarding termination payments, as referred to in point 3.4 of this Recommendation;

                           (e)

                           sufficient information with regard to vesting periods for share-based remuneration, as referred to in point 4.1 of this Recommendation;

                           (f)

                           sufficient information on the policy regarding retention of shares after vesting, as referred to in point 4.3 of this Recommendation;

                           (g)

                           sufficient information on the composition of peer groups of companies the remuneration policy of which has been examined in relation to the establishment of the remuneration policy of the company concerned.

         6.   Shareholders’ vote

               6.1.

               Shareholders, in particular institutional shareholders, should be encouraged to attend general meetings where appropriate and make considered use of their votes regarding directors’ remuneration, while taking into account the principles included in this Recommendation, Recommendation 2004/913/EC and Recommendation 2005/162/EC.

      SECTION III

      The remuneration committee

   (point 3 of Annex I to Recommendation 2005/162/EC)
   7.   Creation and composition

               7.1.

               At least one of the members of the remuneration committee should have knowledge of and experience in the field of remuneration policy.

         8.   Role

               8.1.

               The remuneration committee should periodically review the remuneration policy for executive or managing directors, including the policy regarding share-based remuneration, and its implementation.

         9.   Operation

               9.1.

               The remuneration committee should exercise independent judgement and integrity when exercising its functions.

               9.2.

               When using the services of a consultant with a view to obtaining information on market standards for remuneration systems, the remuneration committee should ensure that the consultant concerned does not at the same time advise the human resources department or executive or managing directors of the company concerned.

               9.3.

               In exercising its functions, the remuneration committee should ensure that remuneration of individual executive or managing directors is proportionate to the remuneration of other executive or managing directors and other staff members of the company.

               9.4.

               The remuneration committee should report on the exercise of its functions to the shareholders and be present at the annual general meeting for this purpose.

      SECTION VI

      Final provisions

               10.

               Member States are invited to take the necessary measures to promote the application of this Recommendation by 31 December 2009.
               In this respect, Member States are invited to organise national consultations with stakeholders on this Recommendation and to notify the Commission of measures taken in accordance with this Recommendation in order to allow the Commission to monitor closely the situation, and on this basis assess the need for further measures.

               11.

               This Recommendation is addressed to the Member States.

      Done at Brussels, 30 April 2009.

            For the Commission

         Siim KALLAS

            Vice-President

      (1)  OJ L 385, 29.12.2004, p. 55.

      (2)  OJ L 52, 25.2.2005, p. 51.


title: COUNCIL RECOMMENDATION of 18 March 1991 concerning the discharge to be given to the Commission in respect of the implementation of the operations of the European Development Fund (1984) (Sixth EDF) for the financial year 1989 (91/151/EEC) #

text:
Avis juridique important

|

31991H0151

COUNCIL RECOMMENDATION of 18 March 1991 concerning the discharge to be given to the Commission in respect of the implementation of the operations of the European Development Fund (1984) (Sixth EDF) for the financial year 1989 (91/151/EEC)  -

Official Journal L 075 , 21/03/1991 P. 0055 - 0055

COUNCIL RECOMMENDATION  of 18 March 1991  concerning the discharge to be given to the Commission in respect of the implementation of the operations of the European Development Fund (1984) (Sixth EDF) for the financial year 1989  (91/151/EEC) THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Article 206b thereof,  Having regard to the Third ACP-EEC Convention, signed at Lomé on 8 December 1984,  Having regard to Council Decision 86/283/EEC of 30 June 1986 on the association of the overseas countries and territories with the European Economic Community (1),  Having regard to the Internal Agreement on the financing and administration of Community aid (2), signed in Brussels on 19 February 1985, as amended by Decision 86/281/EEC (3), and in particular Article 29 (3) thereof,  Having regard to the Financial Regulation of 11 November 1986 applicable to the Sixth European Development Fund (4), and in particular Articles 66 to 73 thereof,  Having examined the revenue and expenditure account and the balance sheet relating to the operations of the European Development Fund (1984) (Sixth EDF) as at 31 December 1989 and the Court of Auditors' report relating to the financial year 1989  together with the Commission's replies (5);  Whereas, pursuant to Article 29 (3) of the Internal Agreement, the discharge for the management of the European Development Fund (1984) (Sixth EDF) must be given to the Commission by the European Parliament on a recommendation from the Council;  Whereas the overall implementation by the Commission of the operations of the European Development Fund (1984) (Sixth EDF) during the financial year 1989 has been satisfactory,  HEREBY RECOMMENDS that the European Parliament give the Commission a discharge in respect of the implementation of the operations of the European Development Fund (1984) (Sixth EDF) for the financial year 1989. Done at Brussels, 18 March 1991. For the  Council  The President  J.-C. JUNCKER  (1) OJ No L 175, 1. 7. 1986, p. 1. (2) OJ No L 86, 31. 3. 1986, p. 210. (3) OJ No L 178, 2. 7. 1986, p. 13. (4) OJ No L 325, 20. 11. 1986, p. 42. (5) OJ No C 313, 12. 12. 1990, pp. 197-216 and 305-320.


title: Council Recommendation of 12 October 2005 to facilitate the admission of third-country nationals to carry out scientific research in the European Community

text:
               3.11.2005

               EN

               Official Journal of the European Union

               L 289/26

      COUNCIL RECOMMENDATION

   of 12 October 2005
   to facilitate the admission of third-country nationals to carry out scientific research in the European Community
   (2005/762/EC)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular Article 63 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 European Economic and Social Committee (2),
   Having regard to the opinion of the Committee of the Regions (3),
   Whereas:

               (1)

               With a view to consolidating and giving structure to European research policy, the Commission considered it necessary in January 2000 to establish the European Research Area as the lynchpin of the Community’s future action in this field.

               (2)

               Endorsing the European Research Area, the Lisbon European Council in March 2000 set the Community the objective of becoming the most competitive and dynamic knowledge-based economy in the world by the year 2010.

               (3)

               The globalisation of the economy calls for greater mobility of researchers, something which was recognised by the sixth framework programme of the European Community (4) when it opened up its programmes further to researchers from outside the European Union.

               (4)

               The number of researchers which the Community will need by 2010 if it is to meet the target set by the Barcelona European Council in March 2002 of investing 3 % of GDP in research is estimated at 700 000. This target is to be met through a series of interlocking measures, such as making scientific careers more attractive to young people, promoting women’s involvement in scientific research, extending the opportunities for training and mobility in research, improving career prospects for researchers in the Community and opening up the Community to third-country nationals who might be admitted for the purposes of research.

               (5)

               Pending the implementation of Council Directive 2005/71/EC of 12 October 2005 on a specific procedure for admitting third-country nationals for the purposes of scientific research (5), this recommendation calls on Member States to facilitate the admission of such individuals already.

               (6)

               Because of the shortage of researchers in the Community and the need to facilitate their admission, steps should be taken to promote access to research posts in the labour market, for example by waiving work permit requirements.

               (7)

               In order to be competitive and attractive at international level, Member States should simplify and speed up their procedures for issuing and renewing visas and residence permits for researchers.

               (8)

               Implementation of this recommendation should not encourage a brain drain from emerging economies or developing countries. Back-up measures aimed at encouraging the integration of researchers in their countries of origin and promoting mobility among researchers should therefore be taken in these cases, as part of the partnership with the countries of origin with a view to establishing a comprehensive migration policy. In this context, Member States should endeavour to establish a balance between the reception of researchers from third countries and the appraisal of the needs of their country of origin in the field of research. In doing so, they should take into account also the personal situation of the researchers, in particular where the person concerned has a contractual relationship with a research organisation in his/her country of origin.

               (9)

               Because matters relating to family reunification are a crucial factor in researchers’ decisions to choose the Community as the location for their research, Member States should facilitate the reunification of the researchers’ family members, for example with respect to access to the labour market and the possibility for family members to apply when they are legally present on the territory of the Member State concerned.

               (10)

               In determining the duration of the residence permit to be issued to the family members, Member States should take into account whether the person concerned should complete his/her schooling needs or not.

               (11)

               The exchange of information and best practice should be encouraged in order to improve admission procedures for researchers. This recommendation also identifies contacts between the competent authorities and networking as factors contributing to improvement. In particular, the ‘Pan-European Researchers Mobility Web Portal’ and the equivalent national tools constitute an important source of information for researchers.

               (12)

               According to the 2003 Act of Accession, the then Member States are, during any period when national measures or those resulting from bilateral agreements are applied, to give preference to workers who are nationals of the Member States over workers who are nationals of third countries as regards access to the labour market.

               (13)

               Czech, Cypriot, Estonian, Hungarian, Latvian, Lithuanian, Maltese, Polish, Slovakian and Slovenian migrant workers and their families legally resident and working in another Member State or migrant workers from other Member States and their families legally resident and working in the Czech Republic, Cyprus, Estonia, Hungary, Latvia, Lithuania, Malta, Poland, Slovakia and Slovenia shall not be treated in a more restrictive way than those from third countries resident and working in that Member State or the Czech Republic, Cyprus, Estonia, Hungary, Latvia, Lithuania, Malta, Poland, Slovakia and Slovenia respectively.

               (14)

               This recommendation respects fundamental rights and complies with the principles laid down, in particular, in the Charter of Fundamental Rights of the European Union.

               (15)

               In accordance with Articles 1 and 2 of the Protocol on the position of the United Kingdom and Ireland annexed to the Treaty on European Union and to the Treaty establishing the European Community and without prejudice to Article 4 of the said Protocol, Ireland is not taking part in the adoption of this recommendation and the provisions thereof do not apply to it.

               (16)

               In accordance with Articles 1 and 2 of the Protocol in the position of the United Kingdom and Ireland annexed to the Treaty on European Union and to the Treaty establishing the European Community and without prejudice to Article 4 of the said Protocol, the United Kingdom is not taking part in the adoption of this recommendation and the provisions thereof do not apply to it.

               (17)

               In accordance with Articles 1 and 2 of the Protocol on the position of Denmark, annexed to the Treaty on European Union and the Treaty establishing the European Community, Denmark does not take part in the adoption of this recommendation and the provisions thereof do not apply to it,

         HEREBY RECOMMENDS MEMBER STATES:

               1.

               in the area of admission for the purpose of carrying out research:

                           (a)

                           to encourage the admission of researchers into the Community, by providing them with favourable conditions for carrying out research, preferably by exempting them from work permit requirements, or alternatively by providing for work permits to be issued automatically or under fast-track procedures;

                           (b)

                           to refrain from using quotas to restrict the admission of third-country nationals for research posts;

                           (c)

                           to guarantee third-country nationals the possibility of working as a researcher, including the possibility of extension or renewal of work permits where appropriate;

               2.

               in the area of residence permits:

                           (a)

                           to issue residence permits in response to applications from third-country nationals for purposes of research as soon as possible, and facilitate fast-track procedures;

                           (b)

                           to guarantee third-country nationals working as researchers that their residence permits will be renewed;

                           (c)

                           gradually to involve the research organisations in the admission procedure for researchers;

               3.

               in the area of family reunification, to facilitate and support the reunification of family members, by providing them with favourable and attractive conditions and procedures;

               4.

               in the area of operational cooperation:

                           (a)

                           to facilitate access of researchers to the relevant information and promote its availability on all the relevant information sources;

                           (b)

                           to promote contact persons networks within the competent administrations;

                           (c)

                           to encourage research organisations to develop such networks;

                           (d)

                           to inform the Commission of the measures they have adopted in order to facilitate the admission of researchers from third countries.

      Done at Luxembourg, 12 October 2005.

            For the Council

            The President

         C. CLARKE

      (1)  Opinion of 12 April 2005 (not yet published in the Official Journal).

      (2)  OJ C 120, 20.5.2005, p. 60.

      (3)  OJ C 71, 22.3.2005, p. 6.

      (4)  Decision No 1513/2002/EC of the European Parliament and of the Council of 27 June 2002 concerning the sixth framework programme of the European Community for research, technological development and demonstration activities, contributing to the creation of the European Research Area and to innovation (2002 to 2006) (OJ L 232, 29.8.2002, p. 1). Decision as amended by Decision No 786/2004/EC (OJ L 138, 30.4.2004, p. 7).

      (5)  See page 15 of this Official Journal.


title: Council Recommendation of 16 February 2010 concerning the discharge to be given to the Commission in respect of the implementation of the operations of the European Development Fund (ninth EDF) for the financial year 2008

text:
               20.2.2010

               EN

               Official Journal of the European Union

               L 45/16

         COUNCIL RECOMMENDATION
   of 16 February 2010
   concerning the discharge to be given to the Commission in respect of the implementation of the operations of the European Development Fund (ninth EDF) for the financial year 2008
   (2010/103/EU)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to the ACP-EC Partnership Agreement, signed in Cotonou on 23 June 2000 (1) and amended by the Agreement signed in Luxembourg on 25 June 2005 (2),
   Having regard to the Internal Agreement (3) on the financing and administration of Community aid under the Financial Protocol to ACP-EC Partnership Agreement, hereinafter referred to as the ‘Internal Agreement’, setting up, amongst others, the ninth European Development Fund (ninth EDF), and in particular Article 32(3) thereof,
   Having regard to the Financial Regulation of 27 March 2003 applicable to the ninth European Development Fund (4), and in particular Articles 96 to 103 thereof,
   Having examined the revenue and expenditure account and the balance sheet relating to the operations of the ninth EDF as at 31 December 2008 and the Court of Auditors’ report concerning the financial year 2008 together with the Commission’s replies (5),
   Whereas:

               (1)

               Pursuant to Article 32(3) of the Internal Agreement, the discharge for the financial management of the ninth EDF is to be given to the Commission by the European Parliament on the recommendation of the Council.

               (2)

               The overall implementation by the Commission of the operations of the ninth EDF during the financial year 2008 has been satisfactory,

         HEREBY RECOMMENDS that the European Parliament give the Commission a discharge in respect of the implementation of the operations of the ninth EDF for the financial year 2008.

      Done at Brussels, 16 February 2010.

            For the Council

            The President

         E. SALGADO

      (1)  OJ L 317, 15.12.2000, p. 3.

      (2)  OJ L 287, 28.10.2005, p. 4.

      (3)  OJ L 317, 15.12.2000, p. 355.

      (4)  OJ L 83, 1.4.2003, p. 1.

      (5)  OJ C 269, 10.11.2009, p. 257.


title: 2014/881/EU: Commission Recommendation of 18 November 2014 on the procedure for demonstrating the level of compliance of existing railway lines with the basic parameters of the technical specifications for interoperability

text:
               12.12.2014

               EN

               Official Journal of the European Union

               L 356/520

      COMMISSION RECOMMENDATION
      of 18 November 2014
      on the procedure for demonstrating the level of compliance of existing railway lines with the basic parameters of the technical specifications for interoperability

         (2014/881/EU)

      THE EUROPEAN COMMISSION,
      Having regard to the Treaty on the Functioning of the European Union, and in particular Article 292 thereof,
      Having regard to Directive 2008/57/EC of the European Parliament and of the Council of 17 June 2008 on the interoperability of the rail system within the Community (1), and in particular Article 30(1) thereof,
      Whereas:

                  (1)

                  According to Section 7.3.4 of the Annex to Commission Regulation (EU) No 1299/2014 (2) (INF TSI) and Section 7.3.4 of the Annex to Commission Regulation (EU) No 1301/2014 (3) (ENE TSI), for the existing railway lines that are not subject to any project involving renewal or upgrading, demonstrating the level of compliance of these lines with the basic parameters of the technical specifications for interoperability (TSIs) is voluntary. Similarly, for existing lines which are subject to projects which do not imply an ‘EC’ verification procedure, demonstrating the level of compliance of these lines with the basic parameters of the technical specifications for interoperability (TSIs) should also be voluntary.

                  (2)

                  The infrastructure manager should be able, on a voluntary basis, to complete the register of infrastructure with information on the level of compliance of the existing line with the basic parameters of the TSIs. A standard procedure to be used when demonstrating the level of compliance with the basic parameters of the TSIs should be recommended.

                  (3)

                  The Annex to Commission Recommendation 2011/622/EU (4) refers to previous versions of the INF and ENE TSIs and should therefore be updated.

                  (4)

                  For the sake of clarity and simplification, it is preferable to replace Recommendation 2011/622/EU by this Commission Recommendation.

                  (5)

                  After consulting the Committee referred to in Article 29 of Directive 2008/57/EC,

            HAS ADOPTED THIS RECOMMENDATION:

                  1.

                  The procedure set out in the Annex should be used for demonstrating the level of compliance of the existing railway lines with the basic parameters of technical specifications for interoperability.

                  2.

                  This Recommendation replaces Recommendation 2011/622/EU.

         Done at Brussels, 18 November 2014.

               For the Commission

            Violeta BULC

               Member of the Commission

         (1)  OJ L 191, 18.7.2008, p. 1.

         (2)  Commission Regulation (EU) No 1299/2014 of 18 November 2014 on the technical specifications for interoperability relating to the ‘infrastructure’ subsystem of the rail system in the European Union (See page 1 of this Official Journal).

         (3)  Commission Regulation (EU) No 1301/2014 of 18 November 2014 on the technical specifications for interoperability relating to the ‘energy’ subsystem of the rail system in the Union (See page 179 of this Official Journal).

         (4)  Commission Recommendation 2011/622/EU of 20 September 2011 on the procedure demonstrating the level of compliance of existing railway lines with the basic parameters of the technical specifications for interoperability (OJ L 243, 21.9.2011, p. 23).

         ANNEX
         1.   Introduction

         1.1.   Technical Scope

         This procedure relates to the following subsystems of the European Union rail system:

                     (a)

                     the infrastructure structural subsystem; and

                     (b)

                     the energy structural subsystem.

               They are included in the list of subsystems in Annex II (1) to Directive 2008/57/EC.
         1.2.   Geographical Scope

         The geographical scope of this procedure is the EU rail system as defined by Directive 2008/57/EC.
         1.3.   Definitions

         For the purpose of this procedure:

                     (a)

                     ‘EI’ means existing infrastructure (fixed installations) that are not subject to the ‘EC’ verification procedure;

                     (b)

                     ‘EI demonstration of compliance’ means the verification of whether the basic parameters of a subsystem and/or an element of existing lines comply with the requirements of the relevant TSIs;

                     (c)

                     ‘EI certificate of demonstration’ is the document issued by an independent assessor as a result of the EI demonstration of compliance;

                     (d)

                     ‘EI declaration of demonstration’ is the document issued by an applicant after receiving the EI certificate of demonstration.

               2.   Procedure for demonstrating compliance with the technical specifications for Interoperability for existing lines

         2.1.   Purpose

         The following procedure may be applied for demonstrating the compliance of existing fixed installations with the TSIs without being subject to the ‘EC’ verification procedure.
         This procedure is not mandatory, but may be used on a voluntary basis.
         2.2.   Procedure for demonstrating the level of compliance with the basic parameters of the TSI

         2.2.1.   The procedure for demonstrating the level of compliance with the basic parameters of the TSI is the EI demonstration of compliance procedure. Under this procedure, the applicant fulfils the obligations laid down in points 2.2.2, 2.2.3, 2.2.5.2 and 2.2.5.3, and ensures and declares on his sole responsibility that the subsystem concerned, which has been subject to the provisions of point 2.2.4, satisfies the requirements of the relevant TSI(s).
         2.2.2.   The applicant lodges an application for the EI demonstration of compliance of the subsystem with an independent assessor of his choice.
         The application includes:

                     (a)

                     the name and address of the applicant and, if the application is lodged by the authorised representative, also his name and address; and

                     (b)

                     the technical documentation.

               2.2.3.   Technical documentation
         2.2.3.1.   The applicant compiles the technical documentation and makes it available to the independent assessor referred to in point 2.2.4. The documentation should make it possible to demonstrate the level of compliance of the existing subsystems with the basic parameters of the relevant TSI(s).
         2.2.3.2.   The technical documentation contains, wherever applicable, the following elements:

                     (a)

                     a general description of the existing subsystem;

                     (b)

                     the documents necessary for compiling the technical file;

                     (c)

                     a list of the harmonised standards and/or other relevant technical specifications the references of which have been published in the Official Journal of the European Union and/or national technical specifications which are notified under Article 17(3) of Directive 2008/57/EC, applied in full or in part, and descriptions of the solutions adopted to meet the requirements of the relevant TSI(s) if those harmonised or national standards have not been applied. If harmonised or national standards have been partly applied, the technical documentation specifies the parts that have been applied;

                     (d)

                     the conditions for using the subsystem (restrictions on running time or distance, wear limits, etc.);

                     (e)

                     descriptions and explanations necessary for understanding the operation and maintenance of the subsystem;

                     (f)

                     the conditions for maintenance and technical documentation regarding the maintenance of the subsystem;

                     (g)

                     any technical requirements specified in the relevant TSI(s) that have to be taken into account during maintenance or operation of the subsystem;

                     (h)

                     any other appropriate technical evidence, demonstrating that previous checks or tests have been successfully performed, under comparable conditions, by competent bodies.

               2.2.3.3.   The applicant keeps the technical documentation at the disposal of the relevant national authorities throughout the service life of the subsystem.
         2.2.4.   Procedure for demonstrating the level of compliance with the basic parameters of the TSI.
         2.2.4.1.   The independent assessor chosen by the applicant takes into account evidence of examinations, checks or tests that have been performed by other bodies or by the applicant.
         2.2.4.2.   The evidence gathered by the independent assessor should be suitable and sufficient to demonstrate the level of compliance with the requirements of the relevant TSI(s) and that all required and appropriate checks and tests have been carried out.
         2.2.4.3.   If the existing subsystem meets the requirements of the relevant TSI(s), the independent assessor may issue an EI certificate of demonstration.
         2.2.5.   EI declaration of demonstration
         2.2.5.1.   The applicant draws up a written EI declaration of demonstration for the subsystem and keeps it throughout the service life of the subsystem. The EI declaration of demonstration identifies the subsystem for which it has been drawn up.
         2.2.5.2.   The EI declaration of demonstration and the accompanying documents are drafted in accordance with Chapter 2.5 of this procedure.
         2.2.5.3.   A copy of the EI declaration of demonstration is made available to the relevant authorities upon request.
         2.2.6.   Technical file
         2.2.6.1.   The independent assessor is responsible for compiling the technical file that accompanies the EI declaration of demonstration.
         2.2.6.2.   The technical file accompanying the EI declaration of demonstration is lodged with the applicant.
         2.2.6.3.   The applicant keeps a copy of the technical file throughout the service life of the subsystem; a copy of the technical file is sent to any other Member State which so requests.
         2.3.   Characteristics to be assessed

         The characteristics to be assessed when applying the procedure for demonstrating the level of compliance with the basic parameters of the TSI are set out in:

                     —

                     Table 1 for the infrastructure subsystem, and

                     —

                     Table 2 for the energy subsystem.

            Table 1

            Assessment of the infrastructure subsystem for the EI demonstration of compliance

                     Characteristics to be assessed (INF TSI)

                     Existing line not subject to EC verification

                     Particular assessment procedures

                     1

                     2

                     Structure gauge (4.2.3.1)

                     X

                     6.2.4.1

                     Distance between track centres (4.2.3.2)

                     X

                     6.2.4.2

                     Maximum gradients (4.2.3.3)

                     X

                     Minimum radius of horizontal curve (4.2.3.4)

                     X

                     6.2.4.4

                     Minimum radius of vertical curve (4.2.3.5)

                     X

                     6.2.4.4

                     Nominal track gauge (4.2.4.1)

                     X

                     6.2.4.3

                     Cant (4.2.4.2)

                     X

                     6.2.4.4

                     Cant deficiency (4.2.4.3)

                     X

                     6.2.4.4
                     6.2.4.5

                     Abrupt change of cant deficiency (4.2.4.4)

                     X

                     6.2.4.4

                     Equivalent conicity (4.2.4.5)

                     X

                     6.2.4.6

                     Railhead profile for plain line (4.2.4.6)

                     n.a

                     6.2.4.7

                     Rail inclination (4.2.4.7)

                     X

                     Design geometry of switches and crossings (4.2.5.1)

                     X

                     6.2.4.8

                     Use of swing nose crossings (4.2.5.2)

                     X

                     6.2.4.8

                     Maximum unguided length of fixed obtuse crossings (4.2.5.3)

                     X

                     6.2.4.8

                     Track resistance to vertical loads (4.2.6.1)

                     X

                     6.2.5

                     Longitudinal track resistance (4.2.6.2)

                     X

                     6.2.5

                     Lateral track resistance (4.2.6.3)

                     X

                     6.2.5

                     Resistance of new bridges to traffic loads (4.2.7.1)

                     n.a.

                     Equivalent vertical loading for new earthworks and earth pressure effects (4.2.7.2)

                     n.a.

                     Resistance of new structures over or adjacent to tracks (4.2.7.3)

                     n.a

                     Resistance of existing bridges and earthworks to traffic loads (4.2.7.4)

                     X

                     6.2.4.10

                     The immediate action limit for alignment (4.2.8.1)

                     n.a.

                     The immediate action limit for longitudinal level (4.2.8.2)

                     n.a.

                     The immediate action limit for track twist (4.2.8.3)

                     n.a.

                     The immediate action limit of track gauge as an isolated defect (4.2.8.4)

                     n.a.

                     The immediate action limit for cant (4.2.8.5)

                     n.a

                     The immediate action limit for switches and crossings (4.2.8.6)

                     n.a.

                     Usable length of platforms (4.2.9.1)

                     X

                     Platform height (4.2.9.2)

                     X

                     Platform offset (4.2.9.3)

                     X

                     6.2.4.11

                     Track layout along platforms (4.2.9.4)

                     X

                     Maximum pressure variation in tunnels (4.2.10.1)

                     X

                     6.2.4.12

                     Effect of crosswinds (4.2.10.2)

                     X

                     6.2.4.13

                     Ballast pick-up (4.2.10.3)

                     Open point

                     Location markers (4.2.11.1)

                     X

                     Equivalent conicity in service (4.2.11.2)

                     n.a.

                     Toilet discharge (4.2.12.2)

                     X

                     6.2.4.14

                     Train external cleaning facilities (4.2.12.3)

                     X

                     6.2.4.14

                     Water restocking (4.2.12.4)

                     X

                     6.2.4.14

                     Refuelling (4.2.12.5)

                     X

                     6.2.4.14

                     Electric shore supply (4.2.12.6)

                     X

                     6.2.4.14

                     Application of Interoperability Constituents

                     n.a.

            Table 2

            Assessment of the energy subsystem for the EI demonstration of compliance

                     Characteristics to be assessed (ENE TSI)

                     Existing line not subject to EC verification

                     Particular assessment procedures

                     1

                     2

                     Voltage and frequency (4.2.3)

                     X

                     Parameters relating to supply system performance (4.2.4)

                     X

                     6.2.4.1

                     Current capacity, DC systems, trains at standstill (4.2.5)

                     X

                     6.1.4.2

                     Regenerative braking (4.2.6)

                     X

                     6.2.4.2

                     Electrical protection coordination arrangements (4.2.7)

                     X

                     6.2.4.3

                     Harmonics and dynamic effects for AC traction power supply systems (4.2.8)

                     X

                     6.2.4.4

                     Geometry of the overhead contact line (4.2.9)

                     X

                     Pantograph gauge (4.2.10)

                     X

                     Mean contact force (4.2.11)

                     X

                     Dynamic behaviour and quality of current collection (4.2.12)

                     X

                     6.1.4.1, 6.2.4.5

                     Pantograph spacing for overhead contact line design (4.2.13)

                     X

                     Contact wire material (4.2.14)

                     X

                     Phase separation sections (4.2.15)

                     X

                     System separation sections (4.2.16)

                     X

                     Protective provisions against electric shock (4.2.18)

                     X

                     6.2.4.6

                     Maintenance rules (4.5)

                     X

                     6.2.4.7

               2.4.   Requirements for the independent assessor

         2.4.1.   An independent assessor selected by the applicant carries out the EI demonstration of compliance of existing lines. An independent assessor may be an external entity or an internal part of the Infrastructure Manager.
         2.4.2.   With respect to railway infrastructure, an independent assessor has:

                     (a)

                     proper technical training;

                     (b)

                     a satisfactory knowledge of the requirements relating to the assessment and sufficient practice in performing the tests involved in this; and

                     (c)

                     the capacity to draw up EI certificates of demonstration and technical documents constituting the formal record of the assessments conducted.

               2.4.3.   An independent assessor who is internal to the Infrastructure Manager should meet the following requirements:

                     (a)

                     the assessor and its personnel are organisationally identifiable and have reporting methods which ensure their impartiality;

                     (b)

                     neither the assessor nor its personnel may be held responsible for the operation or maintenance of the products they assess nor may they engage in any activity that could conflict with their independence of judgment or integrity in relation to their assessment activities;

               2.5.   Declaration of demonstration

         2.5.1.   The EI declaration of demonstration and accompanying documents are dated and signed.
         2.5.2.   That declaration is written in the same language as the technical file and contains the following:

                     (a)

                     the references to the procedure demonstrating compliance with Technical Specifications for Interoperability for existing lines;

                     (b)

                     the trade name and full address of the applicant or its authorised representative established within the EU (if the representative is used, the trade name of the applicant must also be given);

                     (c)

                     a brief description of the subsystem;

                     (d)

                     the name and address of the independent assessor which conducted the EI demonstration of compliance;

                     (e)

                     references of the documents contained in the technical file;

                     (f)

                     all the applicable temporary or definitive provisions to be complied with by the subsystems and in particular, any operating restrictions or conditions;

                     (g)

                     if temporary, the period of validity of the EI declaration of demonstration;

                     (h)

                     the identity of the signatory.


title: Council Recommendation (EU) 2015/1029 of 19 June 2015 with a view to bringing an end to the situation of an excessive government deficit in the United Kingdom

text:
               30.6.2015

               EN

               Official Journal of the European Union

               L 163/55

         COUNCIL RECOMMENDATION (EU) 2015/1029
   of 19 June 2015
   with a view to bringing an end to the situation of an excessive government deficit in the United Kingdom
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 126(7) thereof,
   Having regard to the recommendation from the European Commission,
   Whereas:

               (1)

               According to Article 126 of the Treaty on the Functioning of the European Union (TFEU) Member States are to avoid excessive government deficits.

               (2)

               Pursuant to paragraph 4 of the Protocol (No 15) on certain provisions relating to the United Kingdom of Great Britain and Northern Ireland annexed to the Treaty on European Union and to the TFEU, the obligation in Article 126(1) of the TFEU to avoid excessive general government deficits does not apply to the UK unless it adopts the euro. Paragraph 5 of that Protocol provides that the UK is to endeavour to avoid an excessive government deficit.

               (3)

               The Stability and Growth Pact is based on the objective of sound government finances as a means of strengthening the conditions for price stability and for strong sustainable growth conducive to employment creation.

               (4)

               On 8 July 2008 the Council decided, in accordance with Article 104(6) of the Treaty establishing the European Community (TEC), that an excessive deficit existed in the UK and issued a recommendation to correct the excessive deficit by financial year 2009-2010 at the latest, in accordance with Article 104(7) of the TEC and Article 3 of Council Regulation (EC) No 1467/97 (1)
                   (2).

               (5)

               In accordance with Article 104(8) of the TEC, the Council decided on 27 April 2009 that the UK had not taken action in response to the Council recommendation of 8 July 2008 (3). On 2 December 2009, the Council issued a revised recommendation under Article 126(7) of the TFEU recommending that the UK put an end to the excessive deficit situation by 2014-2015. On 6 July 2010, the Commission concluded that based on the Commission's 2010 spring forecast, the UK had taken effective action in compliance with the Council recommendation of 2 December 2009 and considered that no additional step in the excessive deficit procedure was therefore necessary at that point in time.

               (6)

               On 19 June 2015, in accordance with Article 126(8) of the TFEU, the Council established that the UK had not taken effective action in the period 2010-2011 to 2014-2015 in response to the Council recommendation of 2 December 2009.

               (7)

               In accordance with Article 126(7) of the TFEU and Article 3 of Regulation (EC) No 1467/97, the Council is required to make recommendations to the Member State concerned with a view to bringing the situation of an excessive deficit to an end within a given period. The recommendation is to establish a maximum deadline of six months for effective action to be taken by the Member State concerned to correct the excessive deficit. Furthermore, in a recommendation to correct an excessive deficit, the Council is to request the achievement of annual budgetary targets which, on the basis of the forecast underpinning the recommendation, are consistent with a minimum annual improvement in the structural balance, i.e. the cyclically adjusted balance excluding one-off and other temporary measures, of at least 0,5 % of GDP as a benchmark.

               (8)

               The Commission's updated 2015 spring forecast (4) projects an increase in real GDP of 2,4 % in 2015-2016 and 2,1 % in 2016-2017, following growth of 2,8 % in 2014-2015 (5). The main contributions to growth in both years stem from domestic demand. Private consumption is expected to pick up gradually over the forecast horizon as nominal wage growth accelerates and inflation remains low. Inflation has been declining rapidly from its peak of 5,2 % in September 2011 to reach 0,1 % in the first quarter of 2015. It is expected to increase to 1,1 % in the final quarter of 2015 with an annual estimate of 0,4 %, and further to 1,6 % in 2016. Investment is projected to decline somewhat from 2014, but should remain relatively strong based on favourable credit conditions, healthy corporate profits and strong demand. The external sector is foreseen to continue to contribute negatively to growth, but to a lesser degree as the outlook for the euro area, the UK's largest trading partner, improves. Employment has been strong and the unemployment rate is expected to fall to 5,4 % in 2015 and further to 5,3 % in 2016.

               (9)

               The general government deficit has fallen from a peak of 10,9 % of GDP in 2009-2010 to 5,2 % of GDP in 2014-2015. The structural balance was reduced from 8,0 % of GDP to 4,7 % of GDP over the same period. The average annual improvement in the structural effort amounted to 0,7 % between 2010-2011 and 2014-2015. When adjusted for the impact of revisions in potential output growth between the current forecast and that underlying the Council recommendation of 2 December 2009 as well as for the impact of revenue developments as compared to standard elasticities to GDP growth, the average annual adjusted structural effort over the period is estimated at 1,1 % of GDP. The vast majority of measures for the consolidation plan were set out in the emergency budget in June 2010 amounting to 2,5 % of GDP over the period 2010-2011 to 2014-2015. Just over one quarter of these were taxation measures with spending cuts accounting for the remaining three quarters. The remaining fiscal consolidation, of around 1 % of GDP, was implemented via the two fiscal announcements prior to the June 2010 budget and the subsequent budgets and Autumn Statements until November 2014. There were some shifts between current and capital spending and the period of consolidation was extended to 2018-2019.

               (10)

               General government gross debt increased from 42,7 % of GDP in 2007-2008 to 88,4 % in 2014-2015; continuously above the Treaty reference value since 2009-2010. The dynamics of the primary deficit and financial sector interventions, which effectively nationalised two banks, have contributed to this debt increase. Based on the Commission's 2015 spring forecast, the debt-to-GDP ratio is projected to further increase marginally. At the same time off-balance sheet items related to the financial sector interventions could have a positive effect on the future debt development.

               (11)

               As the headline deficit in 2014-2015 amounted to 5,2 % of GDP, the UK did not correct the excessive deficit by the deadline set in the Council Recommendation of 2 December 2009. This was due to the lack of sufficient action, together with a much more unfavourable starting growth position where revisions downgraded GDP growth by 1,0 pps in 2008-2009 to – 2,3 %. A revised recommendation for the UK under Article 126(7) of the TFEU, setting a new deadline for the correction of the excessive deficit is justified, in line with the rules of the Stability and Growth Pact.

               (12)

               Against the background of uncertainties regarding economic and budgetary developments, the budgetary target recommended for the final year of the correction period should be set at a level somewhat below the Treaty reference value in order to guarantee an effective and lasting achievement of the correction with the requested deadline.

               (13)

               Granting the UK one additional year, which is the general rule according to Regulation (EC) No 1467/97, would be overly demanding in the case of the UK, as it would imply an adjustment in the headline deficit of 2,2 % of GDP. Such an adjustment in 2015-2016 could significantly affect the recent pick-up of real wage growth and thereby have negative implications for growth. It would also require the implementation of additional measures within a very tight timetable. On the basis of the Commission's updated 2015 spring forecast, such adjustment would have a significantly negative impact on economic growth. Therefore, it appears appropriate to extend the deadline of the UK to bring an end to its excessive deficit situation by two years.

               (14)

               Granting two additional years for the correction of the excessive deficit would imply intermediate headline deficit targets of 4,1 % of GDP in 2015-2016 and 2,7 % of GDP in 2016-2017. The underlying improvement in the structural budget balance implied by these targets is 0,5 % of GDP and 1,1 % of GDP, respectively. The baseline scenario in the Commission's updated 2015 spring forecast includes previously announced discretionary measures of 1,4 % of GDP in 2015-2016 and 2016-2017, around three quarters of which are expenditure cuts. This adjustment path provides a sufficient safety margin against the 3 % of GDP deficit benchmark and is assumed to be the least detrimental to growth, while also allowing for the adherence to the minimum required annual structural improvement of 0,5 % of GDP. To reach these targets, the UK needs to fully implement, in a timely manner, the measures announced up to and including the 2015 budget, with any modifications in relation to the current plans being fiscally-neutral; in that case, no further measures on top of those already announced will be needed,

         HAS ADOPTED THIS RECOMMENDATION:

               (1)

               The United Kingdom should put an end to the present excessive deficit situation by 2016-2017 at the latest.

               (2)

               The United Kingdom should reach a headline deficit of 4,1 % of GDP in 2015-2016 and 2,7 % of GDP in 2016-2017, which should be consistent with delivering an improvement in the structural balance of 0,5 % of GDP in 2015-2016 and 1,1 % of GDP in 2016-2017, based on the Commission's updated 2015 spring forecast.

               (3)

               The United Kingdom should fully implement the consolidation measures incorporated into all budgets and autumn statements up to and including the 2015 budget to achieve the recommended structural effort, with any modifications being fiscally-neutral in relation to the current plans. The United Kingdom should further detail the expenditure cuts in the upcoming Spending Review. These are necessary to ensure the correction of the excessive deficit by 2016-2017.

               (4)

               The United Kingdom should accelerate the reduction of the headline deficit in 2015-2016 and 2016-2017 if economic, financial or budgetary conditions turn out better than currently expected. Budgetary consolidation measures should secure a lasting improvement in the general government structural balance in a growth-friendly manner. In particular, further cuts in capital expenditure should be avoided.

               (5)

               The Council sets the deadline of 15 October 2015 for the United Kingdom to (i) take effective action; and (ii) in accordance with Article 3(4a) of Regulation (EC) No 1467/97 to report in detail the consolidation strategy that is envisaged to achieve the targets.

         Furthermore, the UK authorities should (i) comply with the obligation to set out a medium-term budgetary objective as laid down in the Stability and Growth Pact; and (ii) implement the planned reforms of increasing the state pension age in order to contribute towards strengthening the long-term sustainability of the public finances.
   Finally, to ensure the success of the fiscal consolidation strategy, it will also be important to back the fiscal consolidation by comprehensive structural reforms, in line with the Council Recommendations addressed to the United Kingdom in the context of the European Semester and in particular those related to the preventive arm of the Macroeconomic Imbalances Procedure.
   This Recommendation is addressed to the United Kingdom of Great Britain and Northern Ireland.

      Done at Luxembourg, 19 June 2015.

            For the Council

            The President

         J. REIRS

      (1)  Council Regulation (EC) No 1467/97 of 7 July 1997 on speeding up and clarifying the implementation of the excessive deficit procedure (OJ L 209, 2.8.1997, p. 6).

      (2)  All documents related to the excessive deficit procedure of the United Kingdom can be found at: http://ec.europa.eu/economy_finance/economic_governance/sgp/deficit/countries/uk_en.htm

      (3)  Council Decision 2009/409/EC of 27 April 2009 establishing, in accordance with Article 104(8) of the Treaty, whether effective action has been taken by the United Kingdom in response to the Council Recommendation of 8 July 2008 pursuant to Article 104(7) (OJ L 132, 29.5.2009, p. 11).

      (4)  GDP growth for the first quarter of 2015 was published after the finalisation of the Commission's 2015 spring forecast, hence the current assessment of the effective action is based on an updated forecast.

      (5)  The published spring forecast presents only calendar-year figures. The values for financial years are calculated from the quarterly profile of the published forecast.


title: Commission Recommendation (EU) 2016/136 of 28 January 2016 on the implementation of measures against tax treaty abuse (notified under document C(2016) 271)

text:
               2.2.2016

               EN

               Official Journal of the European Union

               L 25/67

         COMMISSION RECOMMENDATION (EU) 2016/136
   of 28 January 2016
   on the implementation of measures against tax treaty abuse

         (notified under document C(2016) 271)

   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 292 thereof,
   Whereas:

               (1)

               Tax treaties play an important role in encouraging cross-border trade efficiency by improving certainty for tax payers as regards their international dealings. By entering into a tax treaty the Contracting States agree to attribute the taxing rights between themselves with a view to eliminating double taxation and thereby fostering economic activity and growth. Tax treaties should not create opportunities for non- or reduced taxation through treaty shopping or other abusive strategies which only frustrate the purpose of such conventions and undermine the tax revenues of the Contracting States. The European Commission lends its full support to the efforts to tackle tax treaty abuse.

               (2)

               Following the release of the report ‘Addressing Base Erosion and Profit Shifting’ (BEPS) in February 2013, OECD and the G20 countries adopted a 15-point Action Plan to address BEPS in September 2013. As a result of the joint undertaking final reports on Actions 6 (preventing the granting of treaty benefits in inappropriate circumstances) and 7 (preventing the artificial avoidance of permanent establishment status) were published in October 2015. Both reports propose changes to the OECD Model Tax Convention and for the inclusion in the multilateral instrument implementing the results of the work on treaty issues by the end of 2016, as mandated by the OECD-G20 Project. Taken together, the changes proposed in the two reports are intended to enable countries to address their tax treaty related BEPS concerns.

               (3)

               The final report on Action 6 identifies tax treaty abuse, and in particular treaty shopping, as an important source of BEPS concerns and, proposes an approach based on different types of safeguards against such abuse of treaty provisions and a certain degree of flexibility regarding how to use them. In addition to suggesting a clarification that tax treaties are not intended to create opportunities for double non-taxation, the report recommends, inter alia, the inclusion in the multilateral instrument of a general anti-abuse rule based on a ‘principal purpose test’ (PPT) of transactions or arrangements.

               (4)

               The final report as regards Action 7 distinguishes in particular commissionaire arrangements and the exploitation of the specific exceptions to the definition of a permanent establishment (PE) as the most common strategies to artificially avoid taxable presence in the form of a PE. The commissionaire arrangements typically take advantage of the relatively formal approach of the current Article 5(5) of the OECD Model Tax Convention as regards conclusion of sales contracts. The specific exceptions to the definition of a PE applicable to activities of preparatory or auxiliary nature are, in addition to being vulnerable to abuse through strategies based on fragmented activities, ill-equipped to deal with business models of digital economy. The report therefore proposes changes to Article 5 of the OECD Model Tax Convention to make it more resilient against artificial structures to circumvent its application.

               (5)

               It is essential for the good functioning of the internal market that the Member States are able to operate efficient tax systems and prevent their tax bases from being unduly eroded because of inadvertent non-taxation and abuse and, that the solutions to protect their tax bases create no undue mismatches and market distortions.

               (6)

               It is equally vital that the measures the Member States make use of in order to implement the commitments they have taken under BEPS are in line with the agreed standards across the Union so as to provide legal certainty both for taxpayers as well as tax administrations.

               (7)

               With a view to ensuring compliance with EU law, the general anti-abuse rule based on a principal purpose test as suggested in the final report on Action 6 needs to be aligned with the case law of the Court of Justice of the European Union as regards the abuse of law.

         HAS ADOPTED THIS RECOMMENDATION:
   1.   SUBJECT MATTER AND SCOPE
   This Recommendation addresses the implementation by the Member States of the European Union of measures against tax treaty abuse.
   2.   GENERAL ANTI-AVOIDANCE RULE BASED ON A PRINCIPAL PURPOSE TEST (PPT)
   Where Member States, in tax treaties which they conclude among themselves or with third countries, include a principal purpose test based general anti-avoidance rule in application of the template provided for in the OECD Model Tax Convention, Member States are encouraged to insert in them the following modification:

      ‘Notwithstanding the other provisions of this Convention, a benefit under this Convention shall not be granted in respect of an item of income or capital if it is reasonable to conclude, having regard to all relevant facts and circumstances, that obtaining that benefit was one of the principal purposes of any arrangement or transaction that resulted directly or indirectly in that benefit, unless it is established that
            it reflects a genuine economic activity or that
          granting that benefit in these circumstances would be in accordance with the object and purpose of the relevant provisions of this Convention.’

   3.   DEFINITION OF A PERMANENT ESTABLISHMENT (PE)
   Member States are encouraged, in tax treaties which they conclude among themselves or with third countries, to implement and make use of the proposed new provisions to Article 5 of the OECD Model Tax Convention in order to address artificial avoidance of permanent establishment status as drawn up in the final report on Action 7 of the Action Plan to address Base Erosion and Profit Shifting (BEPS).
   4.   FOLLOW-UP
   Member States should inform the Commission on the measures taken in order to comply with the present Recommendation, as well as on any changes made to such measures.
   The Commission will publish a report on the application of this Recommendation within three years after its adoption.
   5.   ADDRESSEES
   This recommendation is addressed to the Member States.

      Done at Brussels, 28 January 2016.

            For the Commission

         Pierre MOSCOVICI

            Member of the Commission


title: COUNCIL RECOMMENDATION of 18 March 1991 concerning the discharge to be given to the Commission in respect of the implementation of the operations of the European Development Fund (1975) (Fourth EDF) for the financial year 1989 (91/149/EEC) #

text:
Avis juridique important

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31991H0149

COUNCIL RECOMMENDATION of 18 March 1991 concerning the discharge to be given to the Commission in respect of the implementation of the operations of the European Development Fund (1975) (Fourth EDF) for the financial year 1989 (91/149/EEC)  -

Official Journal L 075 , 21/03/1991 P. 0053 - 0053

COUNCIL RECOMMENDATION  of 18 March 1991  concerning the discharge to be given to the Commission in respect of the implementation of the operations of the European Development Fund (1975) (Fourth EDF) for the financial year 1989  (91/149/EEC) THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Article 206b thereof,  Having regard to the ACP-EEC Convention of Lomé, signed on 28 February 1975,  Having regard to Council Decision 76/568/EEC of 29 June 1976 on the association of the overseas countries and territories with the European Economic Community (1),  Having regard to the Internal Agreement on the financing and administration of Community aid (2), signed on 11 July 1975, and in particular Article 31 (3) thereof,  Having regard to the Financial Regulation of 27 July 1976 applicable to the Fourth European Development Fund (3), and in particular Articles 64 to 67 thereof,  Having examined the revenue and expenditure account and the balance sheet relating to the operations of the European Development Fund (1975) (Fourth EDF) as at 31 December 1989 and the Court of Auditors' report relating to the financial year 1989  together with the Commission's replies (4),  Whereas, pursuant to Article 31 (3) of the Internal Agreement, the discharge for the management of the European Development Fund (1975) (Fourth EDF) must be given to the Commission according to the procedure provided for in Article 206 of the Treaty;  Whereas the overall implementation by the Commission of the operations of the European Development Fund (1975) (Fourth EDF) during the financial year 1989 has been satisfactory,  HEREBY RECOMMENDS that the European Parliament give the Commission a discharge in respect of the implementation of the operations of the European Development Fund (1975) (Fourth EDF) for the financial year 1989. Done at Brussels, 18 March 1991. For the  Council  The President  J.-C. JUNCKER  (1) OJ No L 176, 1. 7. 1976, p. 8. (2) OJ No L 25, 30. 1. 1976, p. 168. (3) OJ No L 229, 20. 8. 1976, p. 9. (4) OJ No C 313, 12. 12. 1990, pp. 197-216 and 305-320.