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32004H0024

Commission Recommendation of 19 December 2003 concerning a coordinated programme for the official control of foodstuffs for 2004 (Text with EEA relevance) (notified under document number C(2003) 4878)

Official Journal L 006 , 10/01/2004 P. 0029 - 0037

Commission Recommendationof 19 December 2003concerning a coordinated programme for the official control of foodstuffs for 2004(notified under document number C(2003) 4878)(Text with EEA relevance)(2004/24/EC)THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Directive 89/397/EEC of 14 June 1989 on the official control of foodstuffs(1), and in particular Article 14 (3) thereof,After consulting the Standing Committee on the Food Chain and Animal Health,Whereas:(1) It is necessary, with a view to the sound operation of the internal market, to arrange for coordinated food inspection programmes at Community level designed to improve the harmonised implementation of the official controls by the Member States.(2) Such programmes should place emphasis on compliance with Community legislation on foodstuffs, which is particularly designed to protect public health and consumer interests, and to ensure fair trade practices.(3) Article 3 of Council Directive 93/99/EEC of 29 October 1993 on the subject of additional measures concerning the official control of foodstuffs(2), as amended by Regulation (EC) No 1882/2003 of the European Parliament and of the Council(3), requires the laboratories referred to in Article 7 of Directive 89/397/EEC to comply with the criteria set out in European Standard EN 45000 series, now replaced by EN ISO 17025:2000.(4) The results from the simultaneous implementation of national programmes and coordinated programmes may provide information and experience on which to base future control activities and legislation,HEREBY RECOMMENDS:1. During 2004 Member States should carry out inspections and controls including, where indicated, taking samples and analysing such samples in laboratories, with the aim of:- assessing the bacteriological safety of cheeses made from raw or thermised milk;- assessing the bacteriological safety of fresh refrigerated poultrymeat as regards thermophilic Campylobacter;- assessing the bacteriological and toxicological safety of spices.2. Although sampling and/or inspection rates are not set out in this Recommendation, Member States should ensure that those rates are sufficient to provide an overview of the subject under consideration in each Member State.3. Member States should provide information as requested following the format of the record sheets set out in the Annex to help enhance the comparability of results. This information should be sent to the Commission at the latest by 1 May 2005 accompanied by an explanatory report which should include comments on the results and on the enforcement measures taken.4. Foodstuffs to be analysed under this programme should be submitted to laboratories complying with Article 3 of Directive 93/99/EEC. However, if such laboratories do not exist in Member States for certain analysis included in this Recommendation, Member States may nominate other laboratories providing the capacity to carry out these analyses.5. Bacteriological safety of cheeses made from raw or thermised milk5.1. Scope of the programmeContaminated cheeses made from raw or thermised milk have been responsible for outbreaks of food poisoning in humans by several types of bacteria such as Salmonella, Listeria monocytogenes, verotoxigenic Escherichia coli and Staphylococcal enterotoxins.A long tradition of production and consumption of raw milk cheeses exists in the Community. In order to continue this tradition while ensuring food safety, considerable improvements have been made in the system of production, collection and storage of raw milk used for the production of cheeses. Particular attention is paid by the concerned food operators in terms of hygiene and control along the entire process of production.The aim of this element of the programme is to investigate the microbiological safety of cheeses made from raw or thermised milk, in order to promote a high level of consumer protection and to collect information on the prevalence of pathogenic and indicator microorganisms in those products. This investigation concerns a one year programme and will be followed up, during its second year, by a wider programme on the bacteriological safety of cheeses. The purpose of this wider programme is to establish the baseline contamination in other categories of cheeses in order to be able to draw meaningful conclusions on the specific risk of raw or thermised milk cheeses. The results of the investigations of this first part on raw and thermised milk cheeses will be analysed and provided taking account of the results of the general overview in this sector becoming available after the second year.5.2. Sampling and method of analysisThe investigations should concern fresh, soft and semi-hard cheeses made from raw or thermised milk. The competent authorities of the Member States should take representative samples of these products, both at the production level and the retail level, including imported products, with a view to testing for the presence of Salmonella, Listeria monocytogenes and thermophilic Campylobacter and enumeration of Staphylococcus aureus and Escherichia coli. If Listeria monocytogenes is detected, the number of these bacteria should be enumerated. When samples are taken at retail level, tests may be limited to the presence of Salmonella and thermophilic Campylobacter and enumeration of Listeria monocytogenes. The samples, of one hundred grams minimum each or of one cheese if less than one hundred grams, should be handled hygienically, placed in refrigerated containers and sent immediately to the laboratory for analysis.Laboratories should be allowed to use a method of their choice provided that its level of performance matches the aim to be achieved. However, the most recent version of standard ISO 6785 or EN/ISO 6579 is recommended for the detection of Salmonella, the most recent versions of standards EN/ISO 11290-1 and 2 are recommended for detection of Listeria monocytogenes, the most recent version of ISO 10272:1995 is recommended for the detection of thermophilic Campylobacter, the most recent version of EN/ISO 6888-1 or 2 is recommended for the enumeration of Staphylococcus aureus and the most recent version of standard ISO 11866-2,3 or ISO 16649-1,2 is recommended for the enumeration of Escherichia coli. Additional equivalent methods recognised by competent authorities may also be used.The overall level of sampling should be left to the judgement of the competent authorities of Member States.The results of the controls should be recorded on the model record sheet set out in Annex I.6. Bacteriological safety of fresh refrigerated poultrymeat as regards thermophilic Campylobacter6.1. Scope of the programmeThermophilic Campylobacter are a leading bacterial cause of food-related illness in humans. The number of reported human cases have been rising during recent years and epidemiological studies show that poultry meat is an important source of infection and that a significant proportion of fresh poultry meat for human consumption is contaminated with these bacteria.There is currently not enough scientific information to set a criterion in Community legislation for Campylobacter and further studies are under development to further understand the epidemiology of this pathogen and the role played by other animal products and other food in general.The aim of this element of the programme is to assess the microbiological safety of fresh poultry meat for Campylobacter in order to promote a high level of consumer protection and to collect information on the prevalence of these bacteria in such products.6.2. Sampling and method of analysisThe investigations should concern fresh refrigerated poultry meat, in particular chicken and turkey. The competent authorities of the Member States should take representative samples of these products, both at the slaughterhouse level and the retail level, including imported products, with a view to testing for the presence of thermophilic Campylobacter. The samples, of 10 g each taken from neck skin before carcasses are chilled or, when samples are taken at retail level, 25 g or 25 cm2 from breast meat, should be handled hygienically, placed in refrigerated containers and sent immediately to the laboratory for analysis. In addition, for a better comparability of results, it is recommended to carry out the sampling during the period from May to October.Laboratories should be allowed to use a method of their choice provided that its level of performance matches the aim to be achieved. However, the most recent version of standard ISO 10272:1995 is recommmended for the detection of thermophilic Campylobacter. Additional equivalent methods recognised by competent authorities may also be used.The overall level of sampling should be left to the judgement of the competent authorities of Member States.The results of these controls should be recorded on the model record sheet set out in Annex II.7. Bacteriological and toxicological safety of spices7.1. Scope of the programmeSpices, herbs and vegetables seasonings (spices) are valued for their distinctive flavours, colour and aromas. However, spices may contain high numbers of microorganisms, including pathogenic bacteria, moulds and yeasts. If not properly treated, they can result in rapid deterioration of food they are supposed to enhance. Spices have been reported to be the primary sources of food borne outbreaks when added to food where further growth of the pathogens was possible. This possibility is greater when spices are used in food which may not be thoroughly heat treated. The contamination with certain strains of moulds can also result in the production of toxins, such as aflatoxins which, if they exceed the levels laid down in Commission Regulation (EC) No 466/2001 of 8 March 2001 setting maximum levels for certain contaminants in foodstuffs(4), can provoke serious risks for consumers' health.The aims of this element of the programme are to assess the bacteriological and toxicological safety of spices, to collect information on the prevalence of pathogenic microorganisms and to verify that spices placed on the market do not exceed the limits of aflatoxins established in Community law, in order to ensure a high level of consumer protection.7.2. Sampling and method of analysisThe competent authorities of the Member States should take representative samples of spices at import level, at production level/packing establishments, at wholesale level, in establishments using spices in the preparation of food and at retail level, with a view to testing for:(a) the count of Enterobacteriaceae, the presence of Salmonella and enumeration of Bacillus cereus and Clostridium perfringens.Enterobacteriaceae count is used as an indicator for possible irradiation or other similar treatments of spices. The samples, of 100 g minimum each or one package if less than 100 g, should be handled hygienically and sent immediately to the laboratory for analysis. Laboratories are allowed to use a method of their choice provided that its level of performance matches the aim to be achieved. However, the most recent version of standard ISO 6579:2002 is recommended for the detection of Salmonella, the most recent version of standard EN ISO 5552:1997 is recommended for the enumeration of Enterobacteriaceaen, the most recent version of standard ISO 7932:1993 is recommended for the enumeration of Bacillus cereus and the most recent version of standard ISO 7937:1997 is recommended for the enumeration of Clostridium perfringens. Additional equivalent methods recognised by competent authorities may also be used.The overall level of sampling should be left to the judgement of the competent authorities of Member States.The results of the following controls should be recorded on the model record sheet set out in Annex III, Section 1 and 2.(b) Aflatoxins: the levels do not exceed the maximum limit laid down in Community lawThe sampling and analysis should be performed in accordance with Commission Directive 98/53/EC of 16 July 1998 laying down the sampling methods and the methods of analysis for the official control of the levels for certain contaminants in foodstuffs(5). Pursuant to that Directive, the sample size must be between 1 and 10 kg, depending on the size of the lot to be controlled.The overall level of sampling should be left to the judgement of the competent authorities of Member States.The results of the following controls should be recorded on the model record sheet set out in the Annex IV to this Recommendation.Done at Brussels, 19 December 2003.For the CommissionDavid ByrneMember of the Commission(1) OJ L 186, 30.6.1989, p. 23.(2) OJ L 290, 24.11.1993, p. 14.(3) OJ L 284, 31.10.2003, p. 1.(4) OJ L 77, 16.3.2001, p. 1.(5) OJ L 201, 17.7.1998, p. 93.ANNEX I>PIC FILE= "L_2004006EN.003302.TIF">ANNEX II>PIC FILE= "L_2004006EN.003402.TIF">ANNEX IIISECTION 1>PIC FILE= "L_2004006EN.003502.TIF">SECTION 2>PIC FILE= "L_2004006EN.003601.TIF">ANNEX IV>PIC FILE= "L_2004006EN.003702.TIF">


title: Council Recommendation of 12 July 2011 on the National Reform Programme 2011 of Denmark and delivering a Council opinion on the updated Convergence Programme of Denmark, 2011-2015

text:
               20.7.2011

               EN

               Official Journal of the European Union

               C 213/1

         COUNCIL RECOMMENDATION
   of 12 July 2011
   on the National Reform Programme 2011 of Denmark and delivering a Council opinion on the updated Convergence Programme of Denmark, 2011-2015
   2011/C 213/01
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Articles 121(2) and 148(4) thereof,
   Having regard to Council Regulation (EC) No 1466/97 of 7 July 1997 on the strengthening of the surveillance of budgetary positions and the surveillance and coordination of economic policies (1), and in particular Article 9(3) thereof,
   Having regard to the recommendation of the European Commission,
   Having regard to the conclusions of the European Council,
   Having regard to the opinion of the Employment Committee,
   After consulting the Economic and Financial Committee,
   Whereas:

               (1)

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

               (2)

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

               (3)

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

               (4)

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

               (5)

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

               (6)

               On 9 May 2011, Denmark submitted its 2011 Convergence Programme update covering the period 2011-2015 and its 2011 National Reform Programme. In order to take account of their interlinkages, the two programmes have been assessed at the same time.

               (7)

               Based on the assessment of the updated Convergence Programme pursuant to Regulation (EC) No 1466/97, the Council is of the opinion that the macroeconomic scenario underlying the Convergence Programme is plausible. While based on slightly more favourable growth assumptions for 2012 and beyond, it is broadly in line with the Commission services’ spring 2011 forecast. The budgetary strategy set out in the Convergence Programme aims at bringing the deficit below the 3 % reference value by 2013, in line with the Council Recommendation of 13 July 2010, and reaching the revised medium-term objective (MTO) of firstly structural budget balance not below – 0,5 % of GDP by 2015 and secondly budget balance by 2020. The adjustment path towards this objective is appropriate. Measures included in the Convergence Programme and adopted by Parliament in spring 2010 are considered adequate to underpin the budgetary targets and would represent an annual fiscal effort of around 1 % of GDP over the period 2011-2013. Denmark will reach its revised MTO within the Convergence Programme horizon. Risks to the budgetary targets are broadly balanced.

               (8)

               The Danish economy started slowing down in 2007 amidst a correction in the real estate market contributing to domestic banking problems, amplified by rising insolvencies and unemployment. The recession was severe, output contracted by 8 % between the autumn of 2007 and spring 2009, and the unemployment rate rose to 7,4 % in 2010. The employment rate dropped from 79,8 % in 2008 to 76,1 % in 2010, affecting young people in particular. Output started recovering in 2009, and real GDP growth reached 2,1 % in 2010. The recovery has been driven by sustained domestic demand (also on account of fiscal expansion), a strong inventory rebound and the robust recovery of Denmark's main trading partners.

               (9)

               Automatic stabilisers and crisis-related measures caused the general government balance to turn from a surplus of 3,2 % of GDP in 2008 into a deficit of 2,7 % of GDP in 2009. On the basis of Denmark’s notification in spring 2010 and the Commission services’ spring 2010 forecast that the budget deficit would widen beyond 5 % of GDP in 2010, an excessive deficit procedure for Denmark was opened in July 2010. Although unexpected and temporary windfall gains linked to pension yield taxation led to a stabilisation of the budget deficit at 2,7 % of GDP last year, the Commission services’ spring 2011 forecast expects the deficit to widen again to around 4 % of GDP in 2011, emphasising the need for continuous and ambitious consolidation efforts in 2012 and 2013 as planned. This implies a strict implementation of the measures adopted in the 2010 Consolidation Agreement and expenditure control as set out in the Convergence Programme to ensure the correction of the excessive deficit by 2013. When assessed against the projected rate of medium-term potential output growth and taking into account discretionary measures, expenditure projections seem to ensure an appropriate adjustment path towards the MTO. According to the Commission’s latest assessment, the risks with regard to long-term sustainability of public finances appear to be low.

               (10)

               A tight control to avoid recurrent spending overruns at local and regional government levels is important to achieve budgetary targets. For the past 20 years, public spending has continuously been above budgetary targets. The government has already taken some measures to address this issue and is planning to introduce a new spending control scheme, subject to independent surveillance by the Danish Economic Council, as described in the Convergence Programme.

               (11)

               As a result of demographic factors, the working-age population (15-64 years) will shrink by around 1,5 % between 2010 and 2025 and by close to 5 % by 2040. In the medium term, economic recovery could lead to a tightening of the labour market as witnessed during the boom years. Despite an already high labour participation rate, there is scope to further raise labour supply. Voluntary early retirement is widespread among people aged 60 to 64 resulting in an employment rate for 60-to 64-year-olds of only 40 %. Moreover, 10 % of the working age population below 40 years of age are either on disability benefits or in a flex-job (subsidised employment).

               (12)

               There has been a declining trend in productivity growth since 1995, one of the potential causes being weak education performance. Although Denmark continues to spend generously on its education system, educational outcomes are only average in several key areas and Denmark has the fourth lowest youth education attainment level in the EU. In 2009, only 70,1 % of the 20-to 24-year-old population had completed at least upper secondary education (as against an EU average of 78,6 %) (3) and the PISA results are average. The drop-out rates from youth and vocational institutions are relatively high, with almost 50 % of students in vocational youth education leaving early. In addition, 10 years after leaving primary school about 20 % of young people have not completed their education above lower secondary level. Improving the quality of the education system would also help to prevent future skills imbalances in the labour market, currently pointing to a possible surplus of unskilled workers alongside a shortage of skilled workers. Productivity growth has been particularly weak in the construction and services sectors. This is the case in particular within local services, the retail sector, wholesale trade, and personal services, where low degrees of competition in certain sectors, for example, high market entry barriers may lead to a sub-optimal allocation of resources. Zoning laws are strict, limiting possibilities for productivity enhancing economies of scale in the retail sector. In order to address the fact that open public procurement only covers around 25 % of public procurement, the government has launched a strategy aimed at increasing competition within public services by gradually increasing public procurement in municipalities and regions, and set a new target for municipalities whereby 31,5 % of all procurement should be public by 2015.

               (13)

               Household debt in terms of GDP is the highest in the EU. The build-up of debt levels, which has been fuelled by the housing boom between 2004 and 2007, creates potential risks for the economy and financial stability. Although these risks are mitigated by the characteristics of Denmark's sophisticated mortgage-backed bond market and a globally robust financial situation of the majority of households (with assets far in excess of liabilities), only limited measures to dampen pro-cyclical fluctuations of house prices were introduced in the aftermath of the house price correction.

               (14)

               Denmark has made a number of commitments under the Euro Plus Pact. To improve fiscal sustainability, an agreement has been reached to strengthen sanction legislation with regard to spending control at the local level and the government intends to present a proposal for a law on expenditure ceilings. Employment measures focus on fostering employment by prolonging working life through a retirement reform. To foster competitiveness a Competition Package with concrete initiatives is targeted primarily towards the construction and service sectors. In addition to these commitments a dowry scheme is being implemented to facilitate private resolution for distressed banks and support financial stability. Together these measures and commitments refer to the four areas of the Pact. Overall, the measures coincide with those taken to follow up on the Annual Growth Survey and make progress towards the Europe 2020 targets, most notably in the employment domain. Although a number of the announced commitments have already been introduced, important measures to improve budgetary discipline (at local level) and to foster employment should be implemented in the near future. These commitments have been assessed and taken into account in the recommendations.

               (15)

               The Commission has assessed the Convergence Programme and National Reform Programme, including the Euro Plus Pact commitments. It has taken into account not only their relevance for sustainable fiscal and socio-economic policy in Denmark but also their conformity with EU rules and guidance, given the need to reinforce the overall economic governance of the EU by providing EU-level input into future national decisions. In this light, the Commission considers that continuous and ambitious fiscal consolidation efforts should be pursued in 2011 and beyond. Further steps should also be taken to raise labour supply through reducing early retirement and targeting particular groups, improve the quality of education, strengthen competition in key sectors and further stabilise the real-estate market.

               (16)

               In light of this assessment, also taking into account the Council Recommendation under Article 126(7) of the Treaty on the Functioning of the European Union of 16 July 2010, the Council has examined the 2011 update of the Convergence Programme of Denmark and its opinion (4) is reflected in particular in its recommendation 1 below. Taking into account the European Council conclusions of 25 March 2011, the Council has examined the National Reform Programme of Denmark,

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

               1.

               Implement fiscal consolidation measures in 2011, 2012 and 2013 and ensure an average annual fiscal effort of 0,5 % of GDP over the period 2011-2013 as planned and correct the excessive deficit by 2013 in line with the Council recommendation under the EDP. Thereafter ensure, as planned, an appropriate adjustment path towards the medium-term objective. Accelerate the reduction of the general government deficit if economic conditions turn out better than currently expected. Strengthen expenditure control by adopting binding multiannual spending ceilings for local, regional and central government which are consistent with the overall medium-term general budget targets.

               2.

               In order to strengthen employment and the sustainability of public finances, take further steps to increase long-term labour supply, by implementing the recently concluded reform on the voluntary early retirement pension (VERP) scheme, reforming the disability pension and better targeting subsidised employment schemes (the ‘flex-job’ system) towards the most vulnerable groups.

               3.

               Speed up the implementation of reforms to improve the quality of the education system. Reduce drop-out rates, particularly in the vocational education sector, and increase the number of apprenticeship places available.

               4.

               Take steps to remove obstacles to competition, in particular in local services and the retail sector, by reviewing legislation on land use and opening up procurement in municipalities and regions.

               5.

               While supporting the ongoing stabilisation of the real-estate market following the recent price correction, consider preventive action to strengthen the medium-term stability of the housing market and the financial system including reviewing the functioning of the mortgage and property tax systems.

      Done at Brussels, 12 July 2011.

            For the Council

            The President

         J. VINCENT-ROSTOWSKI

      (1)  OJ L 209, 2.8.1997, p. 1.

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

      (3)  Although it is noted that pupils in Denmark generally start their education at a later age than in other Member States, and thus also attain an upper secondary degree at an age above 24 years. In the group of the 25-to 34-year-old population 85 % have completed at least upper secondary education.

      (4)  Foreseen in Article 9(3) of Regulation (EC) No 1466/97.


Avis juridique important

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31996H0694

96/694/EC: Council Recommendation of 2 December 1996 on the balanced participation of women and men in the decision-making process

Official Journal L 319 , 10/12/1996 P. 0011 - 0015

COUNCIL RECOMMENDATION of 2 December 1996 on the balanced participation of women and men in the decision-making process (96/694/EC)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 235 thereof,Having regard to the proposals from the Commission,Having regard to the opinion of the European Parliament (1),Having regard to the opinion of the Economic and Social Committee (2),(1) Whereas the Council has adopted a series of legislative instruments and a number of political commitments in the field of equal treatment and equal opportunities for men and women (3) (4) (5) (6);(2) Whereas the Heads of State and Government, meeting within the European Council in Essen, Cannes and Madrid, stressed that the fight against unemployment and equal opportunities for women and men were paramount tasks of the European Union and its Member States;(3) Whereas attention was focused on women's access to decision-making in Council Recommendation 84/635/EEC of 13 December 1984 on the promotion of positive action for women (7), in the second Council Resolution of 24 July 1986 on the promotion of equal opportunities for women (8), in the Council Resolution of 21 May 1991 on the third medium-term Community action programme on equal opportunities for women and men (1991-1995) (9), in the Council Resolution of 27 March 1995 on the balanced participation of women and men in decision-making (10) and in Council Decision 95/593/EC of 22 December 1995 on a medium-term Community action programme on equal opportunities for men and women (1996-2000) (11);(4) Whereas the European Parliament in its Resolution of 11 February 1994 on women in decision-making bodies (12) asked the Commission to 'step up implementation of the equal opportunities policy set out in the third Community action programme, to combat individual obstacles which hinder women from taking part in decision-making` and to define 'measures and actions to promote greater participation of women in the decision-making process`;(5) Whereas the Declaration and the Platform for Action of the Fourth World Conference on Women (Beijing, 4 to 15 September 1995) stressed the need to ensure that responsibilities, powers and rights are shared equally; whereas the Member States are committed to implementing the Platform for Action;(6) Whereas participation in the decision-making process depends on representation on decision-making bodies at all levels of political, economic, social and cultural life and requires, in particular, presence in posts of responsibility and decision-taking positions;(7) Whereas women are still under-represented in decision-making bodies, in the political, economic, social and cultural spheres;(8) Whereas the under-representation of women in decision-making bodies is partly a result of the delay in women attaining equal civic and civil rights, of obstacles to their gaining economic independence and of difficulties in reconciling their working and family life;(9) Whereas balanced participation of women and men in the decision-making process is a requirement for democracy;(10) Whereas the under-representation of women in decision-making posts constitutes a loss for society as a whole and may prevent the interests and needs of the entire population from being catered for in full;(11) Whereas measures aimed at bringing about a balanced participation of women and men in the decision-making process in all sectors should go together with the integration of the dimension of equality of opportunity for women and men in all policies and actions;(12) Whereas balanced participation of women and men in the decision-making process is likely to give rise to different ideas, values and behaviour which will result in more justice and equality in the world for both men and women;(13) Whereas the Member States, the social partners, political parties and organizations, non-governmental organizations and the media play a key role in creating a society where there is a gender balance in the exercise of responsibilities in the political, economic, social and cultural spheres;(14) Whereas it is appropriate to adopt guidelines to promote balanced participation of women and men in the decision-making process with the aim of bringing about equality of opportunity for women and men and whereas it is appropriate, within the framework of the medium-term Community action programme on equal opportunities for men and women (1996-2000), to make those guidelines more effective through the exchange of information on good practice;(15) Whereas the provisions of this Recommendation apply solely within the limits of Community competence; whereas equal treatment for male and female workers constitutes one of the objectives of the Community, insofar as the harmonization of living and working conditions while maintaining their improvement are, inter alia, to be furthered;(16) Whereas the Treaty does not confer, for the adoption of this Recommendation, any other powers than those referred to in Article 235,I. RECOMMENDS THAT THE MEMBER STATES:1. adopt a comprehensive, integrated strategy designed to promote balanced participation of women and men in the decision-making process and develop or introduce the appropriate measures to achieve this, such as, where necessary, legislative and/or regulatory measures and/or incentives;2. (a) alert those involved in education and training at all levels, including those responsible for teaching materials, to the importance of:- a realistic and complete image of the roles and abilities of women and men in society, free of prejudice and discriminatory stereotypes,- a more balanced sharing of professional, domestic and social responsibilities between women and men, and- balanced participation of women and men in the decision-making process at all levels;(b) at all levels of education and training, encourage girls and women to take part and express themselves in education and training activities as actively and fully as boys and men, so as to prepare them for an active role in society, including political, economic, social and cultural life, and in particular in decision-making processes;(c) make public opinion aware of the importance of disseminating an image of women and men that neither reinforces nor consolidates discriminatory stereotyping of women's and men's responsibilities;(d) without encroaching on their autonomy, encourage and support efforts of associations and organizations in all areas of society to promote women's access to the decision-making process and balanced participation by women and men in decision-making bodies;(e) without prejudice to their autonomy, encourage and support the efforts of the social partners to promote balanced participation of women and men in their activities and highlight the social partners' responsibility for promoting and proposing women candidates for nomination to various assignments on public commissions and committees in the Member States and at Community level;(f) devise, launch and promote public campaigns to alert public opinion to the usefulness and advantages for society as a whole of balanced participation by women and men in decision-making;3. (a) promote or improve the collection and publication of statistics to provide a clearer picture of how women and men are represented at all levels of the decision-making process in the political, economic, social and cultural spheres;(b) support, develop and encourage quantitative and qualitative studies on the participation of women and men in the decision-making process, and especially:- on the legal, social or cultural obstacles impeding access to and participation in the decision-making process for persons of either sex,- on strategies for overcoming such obstacles, and- on the utility and advantages for society and for the operation of democracy of a better balance between the sexes in the decision-making process;(c) promote, support and encourage initiatives creating examples of good practice in the various areas of the decision-making process and develop programmes for the dissemination and exchange of experience with a view to propagating activities;4. (a) promote balanced participation by women and men at all levels in governmental bodies and committees;(b) raise the awareness of those involved of the importance of taking initiatives to achieve balanced participation of women and men in public positions at all levels, paying particular attention to the promotion of a balanced composition in committees, commissions and working parties at national as well as Community level;(c) provide for, implement or develop a coherent set of measures encouraging equal opportunities in the public sector and respecting the concept of balanced participation in the decision-making process, and ensure, when recruitment competitions take place, that women and men are, as far as possible, represented equally in the committees responsible for preparing competitions and in the selection boards;(d) encourage the private sector to increase the presence of women at all levels of decision-making, notably by the adoption of, or within the framework of, equality plans and positive action programmes;II. CALLS ON THE INSTITUTIONS, SUBSIDIARY BODIES AND DECENTRALIZED BODIES OF THE EUROPEAN COMMUNITIES TO:design a strategy for achieving balanced participation by women and men in the decision-making process in each institution, subsidiary body and decentralized body of the European Communities;III. CALLS ON THE COMMISSION TO:1. encourage and organize, within the framework of Council Decision 95/593/EC of 22 December 1995 on a medium-term Community action programme on equal opportunities for men and women (1996-2000), systematic pooling of information and experience between Member States on good practice and the assessment of the impact of measures taken to achieve a better balance between women and men in the decision-making process;2. to this end, and within that framework, step up its efforts to provide information, alert public opinion, encourage research and promote schemes aimed at achieving balanced participation by women and men in the decision-making process;3. submit a report to the European Parliament, the Council and the Economic and Social Committee, for the first time three years after adoption of this Recommendation and thereafter annually, on its implementation, on the basis of the information provided by the Member States and the institutions, subsidiary bodies and decentralized bodies of the European Communities.Done at Brussels, 2 December 1996.For the CouncilThe PresidentE. FITZGERALD(1) OJ No C 166, 10. 6. 1996, p. 276.(2) OJ No C 204, 15. 7. 1996, p. 21.(3) - Council Directive 75/117/EEC of 10 February 1975 on the approximation of the laws of the Member States relating to the application of the principle of equal pay for men and women (OJ No L 45, 19. 2. 1975, p. 19).- Council Directive 76/207/EEC of 9 February 1976 on the implementation of the principle of equal treatment for men and women as regards access to employment, vocational training and promotion, and working conditions (OJ No L 39, 14. 2. 1976, p. 40).- Council Directive 79/7/EEC of 19 December 1978 on the progressive implementation of the principle of equal treatment for men and women in matters of social security (OJ No L 6, 10. 1. 1979, p. 24).- Council Directive 86/378/EEC of 24 July 1986 on the implementation of the principle of equal treatment for men and women in occupational social security schemes (OJ No L 225, 12. 8. 1986, p. 40).- Council Directive 86/613/EEC of 11 December 1986 on the application of the principle of equal treatment between men and women engaged in an activity, including agriculture, in a self-employed capacity, and on the protection of self-employed women during pregnancy and motherhood (OJ No L 359, 19. 12. 1986, p. 56).- Council Directive 92/85/EEC of 19 October 1992 on the introduction of measures to encourage improvements in the safety and health at work of pregnant workers and workers who have recently given birth or are breastfeeding (OJ No L 348, 28. 11. 1992, p. 1).(4) - Council Decision 95/593/EC of 22 December 1995 on a medium-term Community action programme on equal opportunities for men and women (1996-2000) (OJ No L 335, 30. 12. 1995, p. 37).(5) - Council recommendation 84/635/EEC of 13 December 1984 on the promotion of positive action for women (OJ No L 331, 19. 12. 1984, p. 34).- Council recommendation 92/241/EEC of 31 March 1992 on child care (OJ No L 123, 8. 5. 1992, p. 16).(6) - Council resolution of 12 July 1982 on the promotion of equal opportunities for women (OJ No C 186, 21. 7. 1982, p. 3).- Council resolution of 7 June 1984 on action to combat unemployment amongst women (OJ No C 161, 21. 6. 1984, p. 4).- Resolution of the Council and the Ministers for Education, meeting within the Council, of 3 June 1985 containing an action programme on equal opportunities for girls and boys in education (OJ No C 166, 5. 7. 1985, p. 1).- Second Council resolution of 24 July 1986 on the promotion of equal opportunities for women (OJ No C 203, 12. 8. 1986, p. 2).- Council resolution of 16 December 1988 on the reintegration and late integration of women into working life (OJ No C 333, 28. 12. 1988, p. 1).- Council resolution of 29 May 1990 on the protection of the dignity of women and men at work (OJ No C 157, 27. 6. 1990, p. 3).- Council resolution of 21 May 1991 on the third medium-term Community action programme on equal opportunities for women and men (1991-1995) (OJ No C 142, 31. 5. 1991, p. 1).- Council resolution of 22 June 1994 on the promotion of equal opportunities for women and men through action by the European Structural Funds (OJ No C 231, 20. 8. 1994, p. 1).- Resolution of the Council and of the Representatives of the Governments of the Member States, meeting within the Council, of 6 December 1994 on equal participation by women in an employment-intensive economic growth strategy within the European Union (OJ No C 368, 23. 12. 1994, p. 3).- Council resolution of 27 March 1995 on the balanced participation of women and men in decision-making (OJ No C 168, 4. 7. 1995, p. 3).- Resolution of the Council and of the Representatives of the Governments of the Member States, meeting within the Council, of 5 October 1995 on the image of women and men portrayed in advertising and the media (OJ No C 296, 10. 11. 1995, p. 15).(7) OJ No L 331, 19. 12. 1984, p. 34.(8) OJ No C 203, 12. 8. 1986, p. 2.(9) OJ No C 142, 31. 5. 1991, p. 1.(10) OJ No C 168, 4. 7. 1995, p. 3.(11) OJ No L 335, 30. 12. 1995, p. 37.(12) OJ No C 61, 28. 2. 1994, p. 248.


Avis juridique important

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31984H0221

84/221/EEC: Council recommendation of 10 April 1984 concerning the discharge to be given to the Commission in respect of the implementation of the operations of the European Development Fund (1975) (Fourth EDF) for the financial year 1982

Official Journal L 104 , 17/04/1984 P. 0023 - 0023

*****COUNCIL  RECOMMENDATION  of 10 April 1984  concerning the discharge to be given to the Commission in respect of the implementation of the operations of the European Development Fund (1975) (Fourth EDF) for the financial year 1982  (84/221/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 1982 and the Court of Auditors' report relating to the financial year 1982 together with the Commission's replies (4),  Whereas, pursuant to Article 31 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 1982 has been satisfactory,  RECOMMENDS:  that the European Parliament give the Commission a discharge in respect of the implementation of the operations of the European Development Fund (1975) (Fourth EDF) for the financial year 1982.  Done at Luxembourg, 10 April 1984.  For the Council  The President  C. CHEYSSON  (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 357, 31. 12. 1983, pp. 131, 159 and 233.


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		52014DC0427

			Recommendation for a COUNCIL RECOMMENDATION on Finland’s 2014 national reform programme and delivering a Council opinion on Finland’s 2014 stability programme /* COM/2014/0427 final */

Recommendation for a
COUNCIL RECOMMENDATION
on Finland’s 2014 national reform
programme
and delivering a Council opinion on Finland’s 2014 stability programme
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the
Functioning of the European Union, and in particular Articles 121(2) and 148(4)
thereof,
Having regard to Council Regulation (EC) No
1466/97 of 7 July 1997 on the strengthening of the surveillance of budgetary
positions and the surveillance and coordination of economic policies[1], and in particular
Article 5(2) thereof,
Having regard to Regulation (EU) No
1176/2011 of the European Parliament and of the Council of 16 November 2011 on
the prevention and correction of macroeconomic imbalances[2],
and in particular Article 6(1) thereof,
Having regard to the recommendation of the
European Commission[3],
Having regard to the resolutions of the
European Parliament[4],
Having regard to the conclusions of the
European Council,
Having regard to the opinion of the
Employment Committee,
Having regard to the opinion of the
Economic and Financial Committee,
Having regard to the opinion of the Social
Protection Committee,
Having regard to the opinion of the
Economic Policy Committee,
Whereas:
(1)
On 26 March 2010, the European Council agreed to
the Commission’s proposal to launch a new strategy for growth and jobs, Europe
2020, based on enhanced coordination of economic policies, which will focus on
the key areas where action is needed to boost Europe’s potential for
sustainable growth and competitiveness.
(2)
On 13 July 2010, the Council, on the basis of
the Commission's proposals, adopted a recommendation on the broad guidelines
for the economic policies of the Member States and the Union (2010 to 2014)
and, on 21 October 2010, adopted a decision on guidelines for the employment
policies of the Member States, which together form the ‘integrated guidelines’.
Member States were invited to take the integrated guidelines into account in
their national economic and employment policies.
(3)
On 29 June 2012, the Heads of State or
Government decided on a Compact for Growth and Jobs, providing a coherent
framework for action at national, EU and euro area levels using all possible
levers, instruments and policies. They decided on action to be taken at the
level of the Member States, in particular expressing full commitment to
achieving the objectives of the Europe 2020 Strategy and to implementing the
country-specific recommendations.
(4)
On 9 July 2013, the Council adopted a
recommendation on Finland’s national reform programme for 2013 and delivered
its opinion on Finland’s updated stability programme for 2012-2016. On 15 November 2013, in line with Regulation (EU) No 473/2013[5],
the Commission presented its opinion on Finland's draft
budgetary plan for 2014[6].

(5)
On 13 November 2013, the Commission adopted the
Annual Growth Survey[7],
marking the start of the 2014 European Semester of economic policy
coordination. On the same day on the basis of Regulation (EU) No 1176/2011, the
Commission adopted the Alert Mechanism Report[8],
in which it identified Finland as one of the Member States for which an
in-depth review would be carried out.
(6)
On 20 December 2013, the European Council
endorsed the priorities for ensuring financial stability, fiscal consolidation
and action to foster growth. It underscored the need to pursue differentiated,
growth-friendly fiscal consolidation, to restore normal lending conditions to
the economy, to promote growth and competitiveness, to tackle unemployment and
the social consequences of the crisis, and to modernise public administration.
(7)
On 5 March 2014, the Commission published the
results of its in-depth review for Finland[9],
under Article 5 of Regulation (EU) No 1176/2011. The Commission's analysis
leads it to conclude that Finland continues to experience macroeconomic
imbalances, which require monitoring and policy action. In particular, its weak
export performance in recent years, driven by industrial restructuring and by cost
and non-cost competitiveness factors, deserves continued attention.
(8)
On 17 April 2014, Finland submitted its 2014
national reform programme and its 2014 stability programme. In order to take
account of their interlinkages, the two programmes have been assessed at the
same time.
(9)
The objective of the budgetary strategy outlined
in the 2014 Stability Programme is to return to the medium-term objective in
2015, to keep the structural balance above this target during the rest of the
programme horizon and to balance the general government budget from 2017
onwards. Finland's medium-term objective of a 0.5% of GDP structural deficit
reflects the requirements of the Stability and Growth Pact. Finland attained
its medium-term objective in 2013 and plans to stay close to it in 2014, being
also compliant with the expenditure benchmark. Finland plans to be above its
medium-term objective in 2015 and continues to be compliant with the
expenditure benchmark. Overall, this is broadly in line with the requirements
of the Stability and Growth Pact. At the same time, the gross debt ratio is on
an increasing path and is expected to breach temporarily the 60% of GDP
threshold in 2015, mainly due to a weak macroeconomic outlook. The
macroeconomic scenario underpinning the budgetary projections in the programme,
which has not been produced independently, is plausible, although slightly more
optimistic than the Commission spring forecast regarding economic growth in
2014 and 2015. The Commission 2014 spring forecast projects a deterioration of
the structural balance by 0.3% of GDP in 2014, entailing a deviation from the
medium-term objective, and an improvement of 0.6% of GDP in 2015, while the
expenditure benchmark is projected to be adhered to in both years. Based on its
assessment of the programme and on the Commission forecast, pursuant to Council
Regulation (EC) No 1466/97, the Council is of the opinion that Finland can be
expected to achieve the aims of its programme, which are broadly in line with
Stability and Growth Pact.
(10)
Finland is at high sustainability risk in the
long term due to the budgetary impact of the cost of ageing. Finland has
recognized the sustainability gap and produced a structural policy programme in
2013 aimed at closing the gap and re-launching growth. Another major step is
the central government spending limits and the general government fiscal plan
for 2015–2018 of March 2014 which foresees adjustment measures, structural
reforms and investments in growth. Revenue side adjustment measures mainly
concern the income and product tax increases.
(11)
The efficiency of public services has not kept
up with productivity developments in the private sector. Finland is preparing
administrative reforms on municipal structure and on healthcare and social
services. The municipality reform is built on voluntary merger of
municipalities, with financial incentives from the State. The outcome of the
voluntary mergers is as yet uncertain. Social welfare and health care services
are to be delivered by five regional providers, and municipalities will
continue to participate in the provision of the services. Details are not yet
known, and a legislative proposal is planned for autumn 2014. New structures
should be in place at the beginning of 2017. The July 2013 act on supporting
the functional capacity of older people with a stronger focus on prevention,
rehabilitation and independent living should contribute to reducing the need
for institutional care and contain the future costs of long-term care.
(12)
The key labour market challenge for Finland
continues to be long-term labour supply, as the number of people exiting the labour
market is now higher than the number of entering. Lengthening working careers
and improving labour supply are necessary to meet the demand for labour in
future. The government's 2013 structural policy programme includes measures to
extend working careers and improve the labour supply, also increasing the
incentives to accept jobs. Finland is reducing early exit but some pathways
such as the so-called 'unemployment tunnel', where older unemployed persons can
under certain conditions continue to draw unemployment benefits  until they
retire, remain. The recently introduced life-expectancy coefficient and the
tripling of the entitlement accrual rate seem to have a limited effect on
retirement practices. Moreover, as life expectancy is increasing faster than
foreseen and people fail to work longer, there is a risk that pension adequacy
will fall. Finland has set itself the target of raising the effective
retirement age to at least 62.4 years by 2025. It is questionable whether the
target can be achieved without new measures such as raising the statutory
retirement age and strengthened efforts to enhance the employability of older
workers. The social partners are working on their proposal for the pension
reform to be implemented by the new government after the general election in
spring 2015 and to enter into force in the beginning of 2017. Finland has taken
relevant and ambitious measures to tackle youth and long-term unemployment. A
permanent improvement in the job-relevant skills of the target groups and their
labour market prospects  will take time.
(13)
Finland has taken measures to improve the
overall competition climate and some progress has been made in implementing the
programme on healthy competition. The competition and consumer authorities have
merged and the new structure is in the early stages of implementation. The Competition
Act now imposes a dominant position threshold for the consumer goods retail
sector, and specific powers have been given to the Finnish Competition and
Consumer Authority to intervene under certain conditions against economic
activities engaged in by public bodies which distort competition in the market.
The retail market in Finland is highly concentrated, and there are some factors
in relevant legislation that make competition potentially less efficient and
strengthen the position of the two retail market leaders. Examples include urban
planning requirements, which are very strict, both for large commercial
establishments and small units. Land use and planning regulation is currently
under review, presenting an opportunity to make it more supportive of 'healthy'
competition. The retail sector continues to be among the most regulated in the
Member States, including obstacles to competition created by regulation of
large retail premises.
(14)
Restoring growth and competitiveness is a key
challenge for the Finnish economy. Finland is very strong in international
competitiveness rankings but nevertheless lost export market shares at the
fastest pace in the EU in 2007-12. Business R&D intensity is on a downward
path and the national target for R&D expenditure seems  further out of
reach. The efficiency of the Finnish research and innovation system in turning
investments in R&D into new innovative products and services is a critical
issue. Currently there are not sufficient investments to turn the R&D
potential into new products. A limited number of large exporting firms selling
a narrow product range as well as the lower propensity of Finnish small
companies to export weigh on trade performance and on potential growth. The
export potential could be boosted by providing further tailored support for the
internationalisation of smaller companies. Finland has launched reforms to
address the capacity to deliver innovative products and support the diversification
of industry, including a comprehensive reform of the research institutes and
research funding. The 2013 structural policy programme and the government
spending limits and fiscal plan for 2015-18 of March 2014 not only contain adjustment
measures and structural reforms, but also include initiatives to promote growth
and innovation. Finland could also benefit from diversifying its energy supply,
particularly as it relies on a single gas source.
(15)
In the context of the European Semester, the
Commission has carried out a comprehensive analysis of Finland’s economic
policy. It has assessed the stability programme and the national reform
programme. It has taken into account not only their relevance for sustainable
fiscal and socio-economic policy in Finland but also their compliance with EU
rules and guidance, given the need to reinforce the overall economic governance
of the European Union by providing EU-level input into future national
decisions. Its recommendations under the European Semester are
reflected in recommendations (1) to (5) below.
(16)
In the light of this assessment, the Council has
examined Finland’s stability programme, and its opinion[10] is reflected in
particular in recommendation (1) below.
(17)
In the light of the Commission's in-depth review
and this assessment, the Council has examined the national reform programme and
the stability programme. Its recommendations under Article 6 of Regulation (EU)
No 1176/2011 are reflected in recommendations (2), (4) and (5) below.
(18)
In the context of the European Semester the
Commission has also carried out an analysis of the economic policy of the euro
area as a whole. On the basis of this analysis the Council has issued specific
recommendations for the Member States whose currency is the euro. Finland also
should ensure the full and timely implementation of these recommendations.
HEREBY RECOMMENDS that Finland take
action within the period 2014-2015 to:
1.
Reinforce the budgetary measures for 2014 in the
light of the emerging gap relative to the medium-term objective. In 2015 and
thereafter respect  the medium-term objective as planned, and ensure that the
debt criterion is fulfilled, while pursuing a growth-friendly fiscal policy. Implement
rapidly the reforms set out in the structural policy programme and government's
spending limits and fiscal plan for 2015-18 in order to reduce the fiscal
sustainability gap and strengthen conditions for growth.
2.
Ensure effective implementation of the on-going
administrative reforms concerning municipal structure and social and healthcare
services, in order to increase the cost-effectiveness in the provision of
public services.
3.
Improve the use of the full labour force
potential in the labour market, including by improving the employment rate and
the employability of older workers, reducing early exit pathways and aligning
statutory retirement age to changes in life expectancy. Improve the
labour-market prospects of young people and the long-term unemployed, with a
particular focus on vocational education and targeted activation measures.
4.
Continue efforts to enhance competition in
product and service markets, especially in the retail sector, by implementing
the programme on promoting healthy competition, including amendments of the land
use and building act to make it more supportive to healthy competition.
5.
Continue to boost Finland's capacity to deliver
innovative products, services and high-growth companies in a rapidly changing
environment, and continue the diversification of industry, in particular by
raising incentives to invest in Finland and further facilitating smaller firms
entry into export markets. Step up the development of cross-border gas
connection to Estonia.
Done at Brussels,
                                                                       For
the Council
                                                                       The
President
[1]               OJ L 209, 2.8.1997, p. 1.
[2]               OJ L 306, 23.11.2011, p. 25.
[3]               COM(2014) 427 final.
[4]               P7_TA(2014)0128 and P7_TA(2014)0129.
[5]               OJ L 140, 27.5.2013, p.11.
[6]               C(2013) 8012 final
[7]               COM(2013) 800 final.
[8]               COM(2013) 790 final.
[9]               SWD(2014) 89 final.
[10]             Under Article 5(2) of Council Regulation (EC) No
1466/97.


Avis juridique important

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31986K0198

86/198/ECSC: Commission Recommendation of 13 May 1986 on the establishment of preferential treatment for debts in respect of levies on the production of coal and steel

Official Journal L 144 , 29/05/1986 P. 0040 - 0041 Finnish special edition: Chapter 1 Volume 2 P. 0067  Swedish special edition: Chapter 1 Volume 2 P. 0067

*****COMMISSION  RECOMMENDATION  of 13 May 1986  on the establishment of preferential treatment for debts in respect of levies on the production of coal and steel  (86/198/ECSC)  THE COMMISSION OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Coal and Steel Community, and in particular Articles 49 and 50 thereof,  Having consulted the Council (1),  Having regard to the opinion of the European Parliament (2),  Whereas the power to impose levies on the production of coal and steel and to determine the mode of assessment and collection, conferred on the High Authority by Articles 49 and 50 of the Treaty, involves the power to take all necessary steps to ensure collection of the levies, inter alia in cases where the person liable is insolvent;  Whereas the Court of Justice of the European Communities, in its judgment of 17 May 1983 in Case 168/82 (3), affirmed the importance of the fiscal nature of the power thus conferred on the High Authority to enable it to perform as effectively as possible the task entrusted to it by the Treaty;  Whereas in all the Member States, with the exception of Denmark, tax debts due to the State enjoy preferential treatment in enforcement proceedings involving competition between creditors; whereas to ensure the effective recovery of levies, which are the principal source of revenue of the ECSC, on a basis of parity with Member States' tax debts, debts due in respect of levies should be given the same preferential treatment;  Whereas the existence, in some Member States, of several ranks of tax preference means that it is necessary to choose, from among the various national taxes, that with which ECSC levies are to be equated; whereas a reference to a tax common to all the Member States is desirable in order that such reference may have the same meaning in all national laws; whereas value-added tax satisfies this condition;  Whereas it appears necessary that the preferential treatment of ECSC levies should be of sufficient duration and uniformity throughout the Community to enable the Community to exercise its preferential right with equal effectiveness in all Member States;  Whereas the surcharges for delay provided for in Article 50 (3) of the Treaty, and in Article 6 of High Authority Decision No 3/52 (4), as last amended by Decision No 3614/85/ECSC (5), form an integral part of the tax debt due to the ECSC;  Whereas the Community must be able to exercise its preferential right in proceedings involving competition between creditors still in progress at the date of actual implementation of this Recommendation, in order to ensure the most extensive possible recovery of debts arising from the application of levies in the years preceding the adoption of the Recommendation; whereas the Member States should consequently ensure, by means of appropriate transitional measures, adequate legal safeguards for the rights of other creditors of the undertaking liable to levies, particularly in respect of means of redress against the ranking of debts carried out following the implementation of this Recommendation;  Whereas by virtue of Article 50 (2) of the Treaty, the mode of assessment and collection of the levies is to be determined by a general decision of the High Authority taken after consulting the Council; whereas under the last paragraph of Article 14, where the High Authority is empowered to take a decision, it may confine itself to making a Recommendation; whereas that legal instrument appears the most appropriate in view of the chosen method of extending to ECSC levies the treatment accorded by the legal system of each Member State to the tax debts owed to that Member State,  HAS ADOPTED THIS RECOMMENDATION:  Article 1  Those Member States which confer on tax debts due to the State preferential treatment in respect of all or part of the debtor's assets shall, in all cases of competition between creditors provided for by their national laws, confer the same preferential treatment on debts arising from the application of the levies referred to in Articles 49 and 50 of the Treaty.  Article 2  Those Member States in which tax debts due to the State enjoy general or special preference of a different rank depending on the tax involved shall confer on debts arising from the application of ECSC levies general or special preference of the same rank as that conferred by the law of each of those States on debts in respect of value-added tax.  Article 3  The preferential treatment referred to in Articles 1 and 2 shall continue until the debts in respect of levies are time-barred.  The preferential treatment shall extend to the amount of levy owned plus the surcharges for delay provided for in Article 50 (3) of the Treaty and Article 6 of High Authority Decision No 3/52.  Article 4  Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Recommendation not later than 1 January 1988. They shall forthwith inform the Commission thereof.  Member States shall provide that these laws, regulations and administrative provisions are to be applied to proceedings in progress on the date of actual implementation of this Recommendation and shall ensure, by means of appropriate transitional measures, adequate legal safeguards for the rights of other creditors of the debtor undertaking.  Article 5  This Recommendation is addressed to the Member States.  Done at Brussels, 13 May 1986.  For the Commission  The President  Jacques DELORS  (1) OJ No C 65, 20. 3. 1986, p. 5.  (2) OJ No C 229, 9. 9. 1985, p. 10.  (3) [1983] ECR 1681.  (4) OJ of the ECSC No 1, 30. 12. 1952, p. 4.  (5) OJ No L 344, 21. 12. 1985, p. 37.


title: Council Recommendation of 9 July 2013 on the National Reform Programme 2013 of Austria and delivering a Council opinion on the Stability Programme of Austria, 2012-2017

text:
               30.7.2013

               EN

               Official Journal of the European Union

               C 217/1

      COUNCIL RECOMMENDATION

   of 9 July 2013
   on the National Reform Programme 2013 of Austria and delivering a Council opinion on the Stability Programme of Austria, 2012-2017
   2013/C 217/01
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Articles 121(2) and 148(4) thereof,
   Having regard to Council Regulation (EC) No 1466/97 of 7 July 1997 on the strengthening of the surveillance of budgetary positions and the surveillance and coordination of economic policies (1), and in particular Article 5(2) thereof,
   Having regard to the recommendation of the European Commission,
   Having regard to the conclusions of the European Council,
   Having regard to the opinion of the Employment Committee,
   Having regard to the opinion of the Economic and Financial Committee,
   Having regard to the opinion of the Social Protection Committee,
   Having regard to the opinion of the Economic Policy Committee,
   Whereas:

               (1)

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

               (2)

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

               (3)

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

               (4)

               On 10 July 2012, the Council adopted a Recommendation (3) on Austria’s National Reform Programme for 2012 and delivered its opinion on Austria’s Stability Programme for 2011-2016.

               (5)

               On 28 November 2012, the Commission adopted the Annual Growth Survey, marking the start of the 2013 European Semester for economic policy coordination. Also on 28 November 2012, the Commission, on the basis of Regulation (EU) No 1176/2011 of the European Parliament and of the Council of 16 November 2011 on the prevention and correction of macroeconomic imbalances (4), adopted the Alert Mechanism Report, in which Austria was not identified as one of the Member States for which an in-depth review would be carried out.

               (6)

               The European Parliament has been duly involved in the European Semester, in accordance with Regulation (EC) No 1466/97, and, on 7 February 2013, adopted a resolution on employment and social aspects in the Annual Growth Survey 2013 and a resolution on the contribution to the Annual Growth Survey 2013.

               (7)

               On 14 March 2013, the European Council endorsed the priorities for ensuring financial stability, fiscal consolidation and action to foster growth. It underscored the need to pursue differentiated, growth-friendly fiscal consolidation, to restore normal lending conditions to the economy, to promote growth and competitiveness, to tackle unemployment and the social consequences of the crisis, and to modernise public administration.

               (8)

               On 16 April 2013, Austria submitted its 2013 National Reform Programme and its Stability Programme for the period 2012-2017. In order to take account of their interlinkages, the two Programmes have been assessed at the same time.

               (9)

               Based on the assessment of the Stability Programme pursuant to Regulation (EC) No 1466/97, the Council is of the opinion that Austria undertook considerable consolidation efforts to bring the budget on a path to correct the excessive deficit. With regard to the Stability Programme, the macroeconomic scenario underpinning the budgetary projections is optimistic. The main objective of the budgetary strategy outlined in the Stability Programme is to gradually reduce the general government deficit to reach a balanced budget in nominal terms by 2016 and to meet the medium-term objective (MTO) by 2017. The Stability Programme confirms the previous MTO of a structural deficit of 0,45 % of GDP. The MTO is in line with the requirements of the Stability and Growth Pact. Based on current projections, Austria is on track to correct its excessive deficit by 2013 given that the general government deficit is at 2,5 % of GDP in 2012 and is expected to further decrease to 2,2 % of GDP in 2013 and to 1,8 % of GDP in 2014 according to the Commission services forecast. However, there are possible additional costs relating to the unwinding of a large bank which could have a significant deficit-increasing impact. After a strong improvement exceeding the adjustment path required in the excessive deficit procedure (EDP) in 2012, the structural balance deficit is projected to increase in 2013 up to 1,8 %. A slight increase of the structural deficit in 2013 is confirmed also by the Commission services forecast. According to the information of the Stability programme from 2014 onwards, the recalculated structural balance foresees a structural adjustment exceeding 0,5 % in 2014 and 2015 that could enable Austria to reach the MTO 2 years in advance in comparison to the scenario presented in the Stability Programme, namely in 2015 instead of 2017.
               As for the expenditure benchmark of the Stability and Growth Pact according to the information provided in the Stability Programme the growth rate of government expenditure, net of discretionary measures, over years 2014 and 2016 is expected to contribute to an annual structural adjustment towards the MTO by 0,5 % of GDP. However, the projected significant decline in the expenditure/GDP ratio in the Stability Programme scenario is very ambitious since expenditure is estimated to attain in terms of GDP one of the lowest level in more than 15 years. Austria can be expected to be in transitional period from 2014 to 2016 regarding compliance with the debt criterion and plans would ensure sufficient progress towards compliance.
               The strengthening of the budgetary framework has left the fiscal relations between layers of government largely unchanged and overlapping responsibilities and inconsistencies between funding and spending responsibilities remain a challenge. The complex mechanism of continuous agreements between the national government, social insurance providers and the sub-federal level, constitute an implementation risk to measures aimed at containing health expenditure. In education, the negotiations on a 6-point proposal including the abolition of school authorities at district level are a welcome step towards streamlining of responsibilities between different layers of government, but further simplification would be needed to reduce fragmentation more substantially.

               (10)

               The Austria’s labour force potential is projected to shrink from 2020 and the economy is becoming more skills-intensive. There is scope to optimise the use of its working-age population, in particular women, migrants and older workers.

               (11)

               Older workers still have an employment rate below the EU average (43,1 % v 48,8 %), even though it is improving markedly and approaching the EU average, and almost 30 % of people spend between 1,5 and 3 years in unemployment or on sick leave just before retiring. The still relatively widespread use of early retirement and invalidity pension schemes as well as a relatively low statutory retirement age for women (60), which is going to increase only very gradually in the future, has a negative impact on the labour supply of older workers. A number of measures were adopted in 2012 to increase the effective retirement age, mainly by reducing the use of early retirement and invalidity pensions.

               (12)

               Although the female employment rate in Austria is relatively high (70,3 % compared to 62,4 % at EU level in 2012), there is still scope for increasing it by reducing gender segmentation in the labour market. The share of women in part-time employment is among the highest in the Union and availability of childcare and long-term care services is limited. Female employment rates measured in full-time equivalents suggest that Austria has particular difficulties in fully tapping the potential of its female labour force. Moreover, women are found almost twice as often in marginal employment and are highly concentrated in low-wage employment. This pattern results in a gender pay gap of 24 %, which is the third highest in the Union. A reduction of the tax burden for low income earners could provide higher incentives to increase labour market participation. The structure of the Austrian tax system provides the space to shift taxation towards other sources which are less detrimental to growth. In fact, property tax revenues in Austria account for 0,5 % of GDP and are significantly below the EU average of 2,1 % of GDP. In particular, revenues from recurrent taxes on immovable property which are considered to be the least detrimental to growth are the third lowest in the Union, representing 0,2 % of GDP in 2011 (EU average: 1,3 %).

               (13)

               With 19 % of the working age population in 2011 being foreign born, Austria has one of the largest shares of working-age immigrants among the countries of the Organisation for Economic Cooperation and Development (OECD). Migrants often face difficulties on the labour market and have significantly higher unemployment rates (9,7 % v 3,6 %) and lower employment rates (non-EU 27 nationals: 62,8 % v Austrians: 76,4 %) Additionally, people with a migrant background are three times more often employed and paid below their actual qualification levels than Austrians (2008: 27,5 % v 9,7 %). Also their education outcomes are lower and their poverty risk is twice as high (26,6 % v 12,6 %).

               (14)

               Medium and long-term pension and healthcare expenditure projections pose a risk to the sustainability of public finances. Long-term care expenditure projections also point to a sustainability risk, although to a lesser extent. The recent reforms to the pension system are likely to reduce the sustainability risks to some degree, if accompanied by improvements in labour market conditions that allow older workers to stay longer in employment. However, an accelerated harmonisation of retirement ages between men and women as well increasing of the effective retirement age by aligning retirement age or pension benefits to changes in life expectancy is still missing. The issue of the fiscal sustainability of the healthcare and long-term care system has to be addressed, also in view of the increasing need and demand for long-term care provision. The recent policy measures taken in the health sectors are likely to go in the right direction, although careful assessment of their effectiveness has to be carried out in the coming years. There is scope to enhance prevention, rehabilitation and independent living to contain future costs of long-term care.

               (15)

               According to comparative international studies and tests, education outcomes in Austria are below average for 10 to 15-year-olds despite the fact that Austria’s spending on education stood in 2009 at 6,01 % of GDP, well above the EU average of 5,41 %. More than 25 % of young people aged 15 have poor reading skills and outcomes are only slightly better in mathematics. Achievement gaps between young people with a migration background and their native peers are among the highest in the Union. In higher education increasing student numbers are putting pressure on financial and organisational systems but the share of students completing their studies successfully is low. The division of responsibilities in the management and funding of the education system is also fragmented.

               (16)

               Austria is one of the Member States that would see most benefit (in GDP) from reduced barriers to cross-border service provision. However, there are still significant barriers to entry and effective competition in the services sector. These barriers are especially pronounced in the liberal professions and railway transport. Professional services play an important role in the business service markets, accounting for 10 % of GDP and 11 % of total employment. Restrictions on gaining access to and practising professions in the services sector, for example, as regards legal form and shareholding requirements, persist. There is a strong case for assessing how justified these restrictions are and if the same public interest objectives cannot be reached with lighter regulatory regimes. While a recent change in competition law will strengthen the powers of the Austrian competition authority, its financial and human resources are still below the levels observed in economies of a similar or even smaller size.

               (17)

               Austria has made progress in the cross-border home-host financial supervisory cooperation. Moreover, further headway has been made with the restructuring of nationalised or partly nationalised banks which have benefitted from restructuring aid. However, due to risks associated with a further deterioration in asset quality of these banks, there are still remaining pockets of vulnerability which need to be closely monitored.

               (18)

               In the context of the European Semester, the Commission has carried out a comprehensive analysis of Austria’s economic policy. It has assessed the National Reform Programme and the Stability Programme. It has taken into account not only their relevance for sustainable fiscal and socioeconomic policy in Austria but also their compliance with EU rules and guidance, given the need to reinforce the overall economic governance of the Union by providing EU-level input into future national decisions. Its recommendations under the European Semester are reflected in recommendations (1) to (7) below.

               (19)

               In the light of this assessment, the Council has examined the Stability Programme, and its opinion (5) is reflected in particular in recommendation (1) below.

               (20)

               In the context of the European Semester the Commission has also carried out an analysis of the economic policy of the euro area as a whole. On this basis the Council has issued specific recommendations addressed to the Member States whose currency is the euro (6). As a country whose currency is the euro, Austria should also ensure the full and timely implementation of those recommendations,

         HEREBY RECOMMENDS that Austria take action within the period 2013-2014 to:

               1.

               Implement the budget for the year 2013 as envisaged so as to correct the excessive deficit in a sustainable manner and achieve the average annual structural adjustment effort specified in the Council recommendations under the EDP. After correction of the excessive deficit, pursue the structural adjustment effort at an appropriate pace so as to reach the MTO by 2015. Streamline fiscal relations between layers of government, for example simplifying the organisational setting and aligning spending and funding responsibilities.

               2.

               Bring forward the harmonisation of pensionable age for men and women, increasing the effective retirement age by aligning the retirement age or pension benefits to changes in life expectancy, implement and monitor the recent reforms restricting access to early retirement and further improve older workers’ employability in order to raise the effective retirement age and the employment rate of older workers.

               3.

               Take new measures to increase the labour market participation of women, namely by further improving childcare and long-term care services and address the high gender pay and pension gaps. Fully use the labour market potential of people with a migrant background by continuing to improve the recognition of their qualifications and their education outcomes. Reduce the effective tax and social security burden on labour for low-income earners in a budget-neutral way by relying more on other sources of taxation less detrimental to growth, such as recurrent property taxes.

               4.

               Effectively implement the recent reforms of the healthcare system to make sure that the expected cost efficiency gains materialise. Develop a financially sustainable model for the provision of long-term care and put a stronger focus on prevention, rehabilitation and independent living.

               5.

               Improve educational outcomes, in particular of disadvantaged young people, including by enhancing early childhood education and reducing the negative effects of early tracking. Further improve strategic planning in higher education and enhance measures to reduce drop-outs.

               6.

               Further strengthen the powers and resources of the federal competition authority and monitor the implementation of the competition law reform. Remove excessive barriers for service providers. This includes reviewing whether existing restrictions on entry and conduct in regulated professions are justified by general interest and fostering competition notably in the railway sector.

               7.

               With a view to maintaining financial stability continue to closely oversee the nationalised and partly nationalised banks and speed up their restructuring.

      Done at Brussels, 9 July 2013.

            For the Council

            The President

         R. ŠADŽIUS

      (1)  OJ L 209, 2.8.1997, p. 1.

      (2)  Maintained for 2013 by Council Decision 2013/208/EU of 22 April 2013 on guidelines for the employment policies of the Member States (OJ L 118, 30.4.2013, p. 21).

      (3)  OJ C 219, 24.7.2012, p. 1.

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

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

      (6)  See page 97 of the current Official Journal.