Avis juridique important

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32003H0488

Council Recommendation of 18 June 2003 on the prevention and reduction of health-related harm associated with drug dependence

Official Journal L 165 , 03/07/2003 P. 0031 - 0033

Council Recommendationof 18 June 2003on the prevention and reduction of health-related harm associated with drug dependence(2003/488/EC)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular the second subparagraph of Article 152(4) thereof,Having regard to the proposal from the Commission(1),Having regard to the opinion of the European Parliament(2),Having regard to the opinion of the European Economic and Social Committee(3),Having regard to the opinion of the Committee of the Regions(4),Whereas:(1) In accordance with Article 3(1)(p) of the Treaty, Community action is to include a contribution towards the attainment of a high level of health protection. The third subparagraph of Article 152(1) of the Treaty also makes provision for action in reducing drugs-related health damage, including information and prevention.(2) The European Council, meeting in Helsinki on 10 and 11 December 1999, endorsed the European Union Drugs Strategy 2000 - 2004 that covers all European Union drug-related activities and sets main targets. These targets include a substantial reduction over five years of the incidence of drug-related health damage (such as HIV, hepatitis B and C and tuberculosis) and the number of drug-related deaths.(3) The European Council, meeting in Santa Maria da Feira on 19 and 20 June 2000, endorsed the European Union Action Plan on Drugs 2000 - 2004 as a crucial instrument for transposing the European Union Drugs Strategy 2000 - 2004 into concrete actions which provide an effective integrated and multi-disciplinary response to the drug problem.(4) The Commission, in its Communication to the European Parliament and the Council on the European Union Action Plan to Combat Drugs (2000 - 2004), considered a comprehensive approach that should cover all areas of drug abuse prevention, from discouraging the initial use to reducing the negative health and social consequences as the best strategy.(5) The European Parliament, in its Resolution on the abovementioned Communication welcomed the objective of reducing the number of deaths among addicts and called on the European Union and its Member States to encourage and develop damage limitation policies, without debarring individual Member States from adopting measures and pilot schemes in this area.(6) The programme of Community action on the prevention of drug dependence within the framework for action in the field of public health and the programme of Community action on the prevention of AIDS and certain other communicable diseases within the framework for action in the field of public health have supported projects aimed at preventing and reducing the risks associated with drug dependence, in particular by encouraging cooperation between the Member States, supporting their action and promoting coordination between their policies and programmes. Both programmes have been contributing to improving information, education and training aimed at preventing drug dependence and the associated risks, in particular, for young people and particularly vulnerable groups.(7) The decision of the European Parliament and of the Council adopting a programme of action in the field of public health (2003 - 2008) includes the development of strategies and measures on drug dependence, as one of the important lifestyle-related health determinants.(8) Since, according to research, the morbidity and the mortality associated with drug dependence affects a sizeable number of European citizens, the health-related harm associated with drug dependence constitutes a major problem for public health.(9) In accordance with the principle of subsidiarity, any new measure taken in an area which does not fall within the exclusive competence of the Community, such as prevention and reduction of risks associated with drug dependence, may be taken up by the Community only if, by reason of the scale or effects of the proposed action, the objectives proposed can be better achieved by the Community than by Member States. Prevention and reduction of risks associated with drug dependence cannot be confined to a geographical region or Member State and action therefore requires coordination at Community level.(10) Provisions should be made on reporting at national and Community level to monitor the measures taken by the Member States in this area, and the results thereof, and the way these Recommendations have been implemented.(11) The most important measure to reduce the risk associated with drug abuse is to prevent the abuse itself,HEREBY RECOMMENDS THAT:1. Member States should, in order to provide for a high level of health protection, set as a public health objective the prevention of drug dependence and the reduction of related risks, and develop and implement comprehensive strategies accordingly.2. Member States should, in order to reduce substantially the incidence of drug-related health damage (such as HIV, hepatitis B and C and tuberculosis) and the number of drug-related deaths, make available, as an integral part of their overall drug prevention and treatment policies, a range of different services and facilities, particularly aiming at risk reduction; to this end, bearing in mind the general objective, in the first place, to prevent drug abuse, Member States should:1. provide information and counselling to drug users to promote risk reduction and to facilitate their access to appropriate services;2. inform communities and families and enable them to be involved in the prevention and reduction of health risks associated with drug dependence;3. include outreach work methodologies within the national health and social drug policies, and support appropriate outreach work training and the development of working standards and methods; outreach work is defined as a community-oriented activity undertaken in order to contact individuals or groups from particular target populations, who are not effectively contacted or reached by existing services or through traditional health education channels;4. encourage, when appropriate, the involvement of, and promote training for, peers and volunteers in outreach work, including measures to reduce drug-related deaths, first aid and early involvement of the emergency services;5. promote networking and cooperation between agencies involved in outreach work, to permit continuity of services and better users' accessibility;6. provide, in accordance with the individual needs of the drug abuser, drug-free treatment as well as appropriate substitution treatment supported by adequate psychosocial care and rehabilitation taking into account the fact that a wide variety of different treatment options should be provided for the drug-abuser;7. establish measures to prevent diversion of substitution substances while ensuring appropriate access to treatment;8. consider making available to drug abusers in prison access to services similar to those provided to drug abusers not in prison, in a way that does not compromise the continuous and overall efforts of keeping drugs out of prison;9. promote adequate hepatitis B vaccination coverage and prophylactic measures against HIV, hepatitis B and C, tuberculosis and sexually transmitted diseases, as well as screening for all the aforementioned diseases among injection drug users and their immediate social networks, and take the appropriate medical actions;10. provide where appropriate, access to distribution of condoms and injection materials, and also to programmes and points for their exchange;11. ensure that emergency services are trained and equipped to deal with overdoses;12. promote appropriate integration between health, including mental health, and social care, and specialised approaches in risk reduction;13. support training leading to a recognised qualification for professionals responsible for the prevention and reduction of health-related risks associated with drug dependence.3. Member States should consider, in order to develop appropriate evaluation to increase the effectiveness and efficiency of drug prevention and the reduction of drug-related health risks:1. using scientific evidence of effectiveness as a main basis to select the appropriate intervention;2. supporting the inclusion of needs assessments at the initial stage of any programme;3. developing and implementing adequate evaluation protocols for all drug prevention and risk reduction programmes;4. establishing and implementing evaluation quality criteria, taking into account the Recommendations of the European Monitoring Centre for Drugs and Drug Addiction (EMCDDA);5. organising standardised data-collection and information dissemination according to the EMCDDA recommendations through the REITOX national focal points;6. making effective use of evaluation results for the refining and development of drug prevention policies;7. setting up evaluation training programmes for different levels and audiences;8. integrating innovative methods that enable all actors and stakeholders to be involved in evaluation, in order to increase acceptance of evaluation;9. encouraging, in collaboration with the Commission, the exchange of programme results, skills and experience within the European Union and with third countries, especially the applicant countries.4. Member States should report to the Commission on the implementation of this Recommendation within two years of its adoption and subsequently on request by the Commission with a view to contributing to the follow-up of this recommendation at Community level and acting as appropriate in the context of the European Union Action Plan on Drugs.HEREBY INVITES the Commission to:- cooperate with the Pompidou Group of the Council of Europe, the World Health Organisation, the United Nations International Drug Control Programme and other relevant international organisations active in the field,- prepare a report, in accordance with the European Union Action Plan on Drugs and with the technical support of the EMCDDA, with a view to the revision and updating of this Recommendation, on the basis of the information submitted by the Member States to the Commission and the EMCDDA, and the latest scientific data and advice.Done at Luxembourg, 18 June 2003.For the CouncilThe PresidentG. Drys(1) Proposal of 17 May 2002 (not yet published in the Official Journal).(2) Opinion delivered on 13 February 2003 (not yet published in the Official Journal).(3) OJ C 61, 13.2.2003, p. 189.(4) OJ C 73, 26.3.2003, p. 5.


Avis juridique important

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31970H0014

70/14/EEC: Recommendation of the Commission of 25 November 1969 to the Italian republic on the adjustment of the state monopoly of a commercial character on cigarette lighters (Only the Italian text is authentic)

Official Journal L 006 , 09/01/1970 P. 0016 - 0018 Danish special edition: Series II Volume VI P. 0006  English special edition: Series II Volume VI P. 0006

++++COMMISSION RECOMMENDATION  OF 25 NOVEMBER 1969  TO THE ITALIAN REPUBLIC ON THE ADJUSTMENT OF THE STATE MONOPOLY OF A COMMERCIAL CHARACTER IN MECHANICAL LIGHTERS   ( ONLY THE ITALIAN TEXT IS AUTHENTIC )   ( 70/14/EEC )  I  1 . THE ITALIAN GOVERNMENT , BY LETTER OF 24 MARCH 1959 , INFORMED THE COMMISSION THAT MECHANICAL LIGHTERS ARE IN ITALY SUBJECT TO A STATE MONOPOLY OF A COMMERCIAL CHARACTER WITHIN THE MEANING OF ARTICLE 37 OF THE EEC TREATY .  UNDER THAT PROVISION MEMBER STATES ARE REQUIRED PROGRESSIVELY TO ADJUST STATE MONOPOLIES OF A COMMERCIAL CHARACTER SO AS TO ENSURE THAT , WHEN THE TRANSITIONAL PERIOD HAS ENDED , NO DISCRIMINATION REGARDING THE CONDITIONS UNDER WHICH GOODS ARE PROCURED AND MARKETED EXISTS BETWEEN NATIONALS OF MEMBER STATES .  2 . ROYAL DECREE N 560 OF 11 MARCH 1923 , AND THE CONVENTION ANNEXED THERETO , ABOLISHED THE STATE MONOPOLY IN THE SALE OF MATCHES WHITCH HAD BEEN IN EXISTENCE SINCE 1916 AND INTRODUCED INSTEAD A TAX ON MANUFACTURE . AT THE SAME TIME A CONSORTIUM WAS SET UP , KNOWN AS THE CONSORZIO INDUSTRIE FIAMMIFERI ( CIF ) , TO WHICH ALL ITALIAN UNDERTAKINGS WHICH PRODUCED MATCHES WERE REQUIRED TO BELONG AND WHICH WAS GRANTED THE MONOPOLY IN THE MANUFACTURE AND SALE OF MATCHES IN ITALY AND ENTRUSTED WITH THE TASK OF ENSURING THAT THE TAX ON THE MANUFACTURE OF MATCHES WAS PAID TO THE STATE . FOR ITS PART , THE STATE UNDERTOOK TO FIX THE SALE PRICE TO THE PUBLIC OF MECHANICAL LIGHTERS AND LIGHTER FLINTS AT A LEVEL SUFFICIENTLY HIGH TO AVOID ANY COMPETITION WITH THE SALE OF MATCHES ( ARTICLE 9 OF THE ABOVERMENTIONED CONVENTION BETWEEN THE STATE AND THE CIF ) . IT ALSO UNDERTOOK FOR THE DURATION OF THE CONVENTION NOT TO AUTHORIZE THE SETTING UP OF NEW FACTORIES FOR THE MANUFACTURE OF MATCHES OR SUBSTITUTES THEREFOR .  BY VIRTUE OF LEGISLATIVE DECREE N 105 OF 26 FEBRUARY 1930 ( WHICH ON 1 MAY 1930 BECAME LAW N 611 ) AND OF A CONVENTION BETWEEN THE STATE AND THE CIF ANNEXED TO THE DECREE CONVENZIONE AGGIUNTIVA FRA LO STATO ED IL CONSORZIO INDUSTRIE FIAMMIFERI ) , THE CIF WAS GRANTED ( ARTICLE 2 OF THE DECREE ) THE EXCLUSIVE RIGHT TO MANUFACTURE , IMPORT AND SELL , IN ITALIAN TERRITORY , FLINT OPERATED LIGHTERS WHICH COULD BE SUBSTITUTED FOR MATCHES . FOR OTHER MECHANICAL LIGHTERS , ARTICLE 3 OF THE DECREE PROVIDES THAT THE MINISTRY OF FINANCE MAY EITHER EXERCISE DIRECTLY THE EXCLUSIVE RIGHT TO MANUFACTURE , IMPORT AND SELL , OR AUTHORIZE BODIES OR INDIVIDUALS TO EXERCISE THAT RIGHT . HOWEVER , ARTICLE 10 OF THE AGREEMENT EXTENDS THE EXCLUSIVE RIGHT OF THE CIF TO ALL OTHER MECHANICAL LIGHTERS WHICH MIGHT BE MARKETED , WHATEVER THEIR METHOD OF OPERATION , PROVIDED THEY ARE POCKET LIGHTERS AND THAT THEY CAN BE ASSIMILATED TO FLINT-OPERATED POCKET-LIGHTERS .  THE OBLIGATION TO JOIN THE CIF WAS IMPOSED FOR THE DURATION OF THE CONVENTION , ON THE FOUR UNDERTAKINGS MANUFACTURING MECHANICAL LIGHTERS IN ITALY WHEN THE DECREE WAS PASSED . ONLY ONE LIGHTER MANUFACTURER ( LA SOCIETA PER AZIONI FABBRICHE FIAMMIFERI E AFFINI _ SAFFA , WHICH IS ALSO THE PRINCIPAL MATCH MANUFACTURER ) IS NOW A MEMBER OF THE CIF , THE OTHER UNDERTAKINGS BEING NO LONGER IN BUSINESS .  THE CONVENTION , DUE TO EXPIRE ON 31 MAY 1932 , HAS BEEN EXTENDED SEVERAL TIMES . UNDER THE LATEST EXTENSION , BY MINISTERIAL DECREE OF 29 APRIL 1965 , ITS EXPIRY DATE IS NOW 31 DECEMBER 1974 .  3 . THE TAXATION OF LIGHTERS WAS REGULATED BY LEGISLATIVE DECREE N 2 OF 11 JANUARY 1956 ( WHICH , ON 16 MARCH 1956 , BECAME LAW N 109 ) .  FORMERLY , MECHANICAL LIGHTERS WERE SUBJECT TO A TAX ON MANUFACTURE : A FIXED DUTY , DIFFERING ACCORDING TO THE TYPE OF LIGHTER , WAS APPLIED TO DOMESTIC AND TO IMPORTED PRODUCTS ; THE DIE-STAMPING OF THE LIGHTERS WAS PROOF THAT THE DUTY HAD BEEN PAID . UNDER THOSE ARRANGEMENTS THE REVENUE FUNCTION OF THE CIF CONSISTED IN MAKING EACH MONTH ADVANCE PAYMENT TO THE STATE OF THE DUTIES ON LIGHTERS , THUS FACILITATING THE COLLECTION OF THE TAX BY THE STATE .  BY VIRTUE OF FIXING THE SELLING PRICE THE CIF PASSES THE TAX ON TO THE CONSUMER .  THE LEGISLATIVE DECREE OF 1956 COMPLETELY CHANGED THOSE ARRANGEMENTS . THE FIXED DUTY , THE PROCEDURE OF DIE-STAMPING AND THE ADVANCE PAYMENT OF THE TAX BY THE CIF WERE ABOLISHED . THE TAX ON MANUFACTURE WAS CONVERTED INTO A CONSUMER TAX , PAID ANNUALLY BY CONSUMERS BY THE PURCHASE OF A REVENUS STAMP . UNDER THIS NEW ARRANGEMENT ( SET OUT IN THE DECREE OF THE MINISTER OF FINANCE , DATED 4 FEBRUARY 1956 ) THE ONLY FUNCTION OF THE CIF IS TO ISSUE REVENUE STAMPS .  THE DECREE OF 1956 ALSO EXPRESSLY CONFIRMED THAT ALL THE PROVISIONS REGARDING MECHANICAL LIGHTERS WHICH WERE NOT INCOMPATIBLE WITH THAT DECREE REMAINED IN FORCE . THE MONOPOLY OF MANUFACTURE , IMPORTATION AND SALE PERTAINING TO THE CIF THEREFORE REMAINED UNCHANGED .  IMPORTS OF MECHANICAL LIGHTERS FROM OTHER MEMBER STATES HAVE CONSIDERABLY INCREASED . THEY ROSE FROM 9 836 UNITS IN 1958 TO 290 802 IN 1968 AND TO 479 660 FOR THE PERIOD JANUARY / OCTOBER 1969 .  4 . IN THE OPINION OF THE COMMISSION THE INCREASE IN THE IMPORTS OF LIGHTERS FROM OTHER MEMBER STATES EFFECTED BY THE MONOPOLY IS INSUFFICIENT TO ACHIEVE THE OBJECTIVE OF ARTICLE 37 .  SINCE THE END OF THE TRANSITIONAL PERIOD IS APPROACHING MEASURES SHOULD NOW BE ADOPTED TO BRING TO AN END ALL DISCRIMINATION BETWEEN NATIONALS OF MEMBER STATES REGARDING THE CONDITIONS UNDER WHICH GOODS ARE PROCURED AND MARKETED .  ARTICLE 37 , WHICH COMES UNDER THE TITLE RELATING TO THE FREE MOVEMENT OF GOODS , AND , MORE PARTICULARLY , UNDER THE CHAPTER CONCERNING THE ELIMINATION OF QUANTITATIVE RESTRICTIONS BETWEEN MEMBER STATES , AIMS AT ACHIEVING BY THE END OF THE TRANSITIONAL PERIOD IN RESPECT OF PRODUCTS SUBJECT TO A STATE MONOPOLY OF A COMMERCIAL CHARACTER ( OR A LIKE SYSTEM ) THE SAME RESULT AS THAT ACHIEVED FOR OTHER PRODUCTS BY THE APPLICATION OF ARTICLES 30 TO 34 , THAT IS TO SAY THE FREE MOVEMENT OF GOODS .  A DIFFERENT PROCEDURE WAS PROVIDED IN ORDER TO ACHIEVE THAT RESULT IN THE SECTORS COVERED BY STATE MONOPOLIES . THEIR PROGRESSIVE ADJUSTMENT WAS PROVIDED FOR PARTLY IN ORDER TO TAKE ACCOUNT OF THE FACT THAT IN THE VIEW OF THE MEMBER STATES CONCERNED THE PRODUCTS SUBJECT TO A MONOPOLY PRESENTED SPECIAL PROBLEMS AND PARTLY SO THAT THE ELIMINATION OF QUANTITATIVE RESTRICTIONS AND OF MEASURES HAVING AN EQUIVALENT EFFECT IN THOSE SECTORS SHOULD NOT BE WITHOUT PRACTICAL RESULT . THERE WERE INDEED GROUNDS FOR FEARING THAT THE LIBERALIZATION OF TRADE IN RESPECT OF THE PRODUCTS SUBJECT TO A MONOPOLY WOULD NOT TAKE PLACE IF THE MONOPOLIES , BY VIRTUE OF THEIR EXCLUSIVE RIGHT TO IMPORT , EXPORT AND MARKET CERTAIN PRODUCTS , WERE TO REMAIN FREE TO DECIDE TO WHAT EXTENT AND UNDER WHAT CONDITIONS PRODUCTS FROM OTHER MEMBER STATES COULD BE ALLOWED ON THE DOMESTIC MARKET ( OR , CONVERSELY , TO WHAT EXTENT DOMESTIC PRODUCTS COULD BE EXPORTED TO OTHER MEMBER STATES ) .  IT IS FOR THAT REASON THAT ARTICLE 37 CONTAINS THE PROVISION DESIGNED " TO ENSURE THAT WHEN THE TRANSITIONAL PERIOD HAS ENDED NO DISCRIMINATION REGARDING THE CONDITIONS UNDER WHICH GOODS ARE PROCURED AND MARKETED EXISTS BETWEEN THE NATIONALS OF MEMBER STATES " .  IT SHOULD BE STRESSED THAT THE ENDING OF DISCRIMINATION RESULTING DIRECTLY FROM PROVISIONS APPLICABLE TO PRODUCTS SUBJECT TO A MONOPOLY IS NOT THE ONLY REQUIREMENT LAID DOWN IN ARTICLE 37 ; THAT OBJECTIVE COULD BE ATTAINED , IN THE ABSENCE OF AN ARTICLE GOVERNING STATE MONOPOLIES , BY MEANS OF OTHER PROVISIONS OF THE TREATY , IN PARTICULAR THOSE PROHIBITING CHARGES HAVING AN EQUIVALENT EFFECT TO CUSTOMS DUTIES AND MEASURES HAVING AN EQUIVALENT EFFECT TO QUANTITATIVE RESTRICTIONS . IT FOLLOWS FROM WHAT HAS BEEN SAID ABOVE IN RELATION TO THE SPECIAL CHARACTERISTICS OF STATE MONOPOLIES AND OF THE RESTRICTIONS TO WHICH THEY CAN GIVE RISE THAT THE OBJECTIVE OF THE " ADJUSTMENT " , I.E . OF ENSURING THAT " NO DISCRIMINATION EXISTS " , IS TO ELIMINATE THE POSSIBILITY THAT THE PARTICULAR POWERS VESTED IN THE MONOPOLIES IN RESPECT OF THE IMPORTING AND DOMESTIC MARKETING , OR THE EXPORTING , OF CERTAIN PRODUCTS MIGHT AT THE END OF THE TRANSITIONAL PERIOD STILL GIVE RISE TO DISCRIMINATION .  SINCE THESE ARE THE OBJECTIVES LAID DOWN IN ARTICLE 37 , IT IS INCUMBENT UPON ITALY TO ADJUST THE MONOPOLY IN RESPECT OF LIGHTERS BEFORE THE END OF THE TRANSITIONAL PERIOD IN ORDER THAT THE OBJECTIVES MAY BE ATTAINED . FURTHER , IT IS FOR THE COMMISSION , IN ADDITION TO ITS GENERAL DUTY TO SEE THAT THE TREATY IS IMPLEMENTED , TO MAKE RECOMMENDATIONS IN ACCORDANCE WITH ARTICLE 37 ( 6 ) AS TO THE MANNER IN WHICH THE ADJUSTMENT PROVIDED FOR IN THAT ARTICLE SHALL BE CARRIED OUT .  5 . IN EXERCISING THE EXCLUSIVE RIGHTS CONFERRED ON IT BY THE LAW , THE CIF DISTRIBUTES BOTH HOME-PRODUCED AND IMPORTED LIGHTERS ON THE ITALIAN MARKET . THUS THE CIF INTERVENES AT ALL STAGES OF THE MARKETING PROCESS : IT PURCHASES LIGHTERS FROM MANUFACTURERS ; IT HANDLES ALL CUSTOMS FORMALITIES IN RESPECT OF LIGHTERS OF FOREIGN MANUFACTURE ; IT HOLDS STOCKS ; IT CONSIGNS GOODS TO RETAILERS AND IS RESPONSIBLE FOR AFTER-SALES SERVICE .   ( A ) PURCHASES OF LIGHTERS BY THE CIF ARE NEGOTIATED ANNUALLY BETWEEN THAT BODY AND MANUFACTURERS . ON THE BASIS OF ESTIMATES WHICH IT DRAWS UP , THE CIF DECIDES THE QUANTITIES AND TYPES OF LIGHTERS WHICH IT WILL BUY . THE DELIVERY PRICE , THAT IS TO SAY THE PRICE WHICH THE CIF PAYS TO MANUFACTURES , IS FREELY NEGOTIATED BETWEEN THE PARTIES .   ( B ) IN ITS ROLE OF EXCLUSIVE IMPORTER , THE CIF IS THE SOLE BODY AUTHORIZED TO HANDLE ALL THE CUSTOMS FORMALITIES NECESSARY FOR THE IMPORTATION OF PRODUCTS OF FOREIGN MANUFACTURE .   ( C ) WITH REGARD TO RETAIL SALES , THE DECREE OF 1930 LAYS DOWN ( ARTICLE 6 ) THAT LIGHTERS OF STANDARD QUALITY ( " MADE OF BASE METAL OR OTHER MATERIAL OF NO SPECIAL VALUE , WITHOUT COVERING OR DECORATION " ) ARE TO BE SOLD EXCLUSIVELY IN SHOPS APPROVED BY THE MONOPOLY . OTHER LIGHTERS MAY BE SOLD EITHER IN SUCH SHOPS OR BY OTHER TRADERS ; THE PERMIT WHICH THE LATTER MUST OBTAIN FOR THE PURPOSES IS GRANTED BY THE MINISTRY OF FINANCE WITH THE APPROVAL OF THE CIF .   ( D ) AS AND WHEN RETAILERS EXHAUST THEIR STOCKS THEY PLACE ORDERS WITH THE CIF WHICH SUPPLIES THEM FROM ITS OWN WAREHOUSES . MANUFACTURERS' REPRESENTATIVES MAY , HOWEVER , OBTAIN ORDERS FROM RETAILERS AND PASS THEM ON TO THE CIF .   ( E ) WITH REGARD TO THE PRICE AT WHICH THE CIF SEILS TO TRADERS , A DISTINCTION SHOULD BE MADE BETWEEN LIGHTERS OF STANDARD QUALITY AS MENTIONED UNDER ( C ) AND OTHER LIGHTERS . FOR THOSE IN THE FIRST CATEGORY , THE PRICE IS FIXED BY A DECREE OF THE MINISTRY OF FINANCE . THIS IS A MAXIMUM PRICE : THE CIF MAY SELL AT A LOWER PRICE ( SEE ARTICLE 7 OF THE DECREE OF 1930 AND ARTICLE 6 OF THE CONVENTION ) . FOR OTHER LIGHTERS , THAT IS TO SAY THE VAST MAJORITY , PRICES ARE FIXED BY THE CIF .   ( F ) THE CIF IS RESPONSIBLE FOR AFTER-SALES SERVICE .  6 . ON THE BASIS OF THE INFORMATION AT ITS DISPOSAL THE COMMISSION OBSERVES :   ( A ) THAT RESTRICTIONS ARE IMPOSED ON THE MARKETING ON THE ITALIAN MARKET OF MECHANICAL LIGHTERS OF STANDARD QUALITY : CERTAIN MODELS ARE NOT IMPORTED BY THE MONOPOLY ;   ( B ) THAT CERTAIN TYPES MECHANICAL LIGHTERS OF FOREIGN MANUFACTURE ARE SOLD ON THE ITALIAN MARKET AT MUCH HIGHER PRICES THAN THOSE PREVAILING FOR THE SAME PRODUCTS IN OTHER COUNTRIES OF THE EEC _ THE DIFFERENCE IS SOMETIMES AS MUCH AS 100 % ;   ( C ) THAT CERTAIN TYPES OF MECHANICAL LIGHTERS OF FOREIGN MANUFACTURE ARE SOLD ON THE ITALIAN MARKET AT MUCH HIGHER PRICES THAN CERTAIN COMPARABLE TYPES OF LIGHTERS OF ITALIAN MANUFACTURE ;   ( D ) THAT IN MANY CASES THE CIF HAS NOT FULLY EXECUTED ORDERS FOR FOREIGN LIGHTERS PLACED BY RETAILERS OR HAS EXECUTED THEM ONLY AFTER CONSIDERABLE DELAY ; THAT IN CERTAIN CASES MOREOVER THE INCOMPLETE EXECUTION OF AN ORDER HAS INVOLVED A REFUSAL BY THE CIF TO GRANT THE RETAILER THE DEFERMENT OF PAYMENT WHICH IS GRANTED ON ORDERS OVER A CERTAIN AMOUNT .  7 . THE FACTS SET OUT ABOVE CONSTITUTE DISCRIMINATION REGARDING THE CONDITIONS UNDER WHICH GOODS ARE MARKETED AGAINST SUPPLIERS IN OTHER MEMBER STATES . THE COMMISSION CONSIDERS THAT THIS SITUATION ARISES FROM THE EXTENSIVE POWERS WHICH HAVE BEEN CONFERRED UPON THE CIF , VIZ :   ( A ) THE POWER WHICH THE CIF HAS TO DECIDE FREELY THE QUANTITIES AND TYPES OF MECHANICAL LIGHTERS WHICH IT PURCHASES ENABLES IT ARBITRARILY TO RESTRICT IMPORTS .   ( B ) BEING THE SOLE BODY AUHORIZED TO HANDLE CUSTOMS FORMALITIES , THE CIF IS ABLE TO DELAY THE MARKETING OF FOREIGN PRODUCTS .   ( C ) BEING THE SOLE BODY AUTHORIZED TO HOLD STOCKS , THE CIF IS ABLE TO CAUSE DELAYS IN THE SUPPLY OF IMPORTED LIGHTERS TO RETAILERS .   ( D ) THE CIF MAY , BY REFUSING TO APPROVE THE GRANTING OF A SALES PERMIT , RESTRICT THE OPENINGS ON THE ITALIAN MARKET FOR FOREIGN MANUFACTURERS .   ( E ) THE POWER TO FIX THE SELLING PRICE TO RETAILERS OF THE VAST MAJORITY OF MECHANICAL LIGHTERS ENABLES THE CIF TO TAX FOREIGN PRODUCTS MORE HEAVILY THAN DOMESTIC PRODUCTS , THEREBY DECISIVELY AFFECTING THE COMPETITIVE POSITION OF FOREIGN LIGHTERS ON THE ITALIAN MARKET .   ( F ) THE EXCLUSIVE RIGHT TO PROVIDE AFTER-SALES SERVICE COULD CAUSE DISCRIMINATION , SINCE IT IS POSSIBLE TO DELAY THE PROVISION OF THAT SERVICE ON FOREIGN PRODUCTS TO THE DETRIMENT OF THE REPUTATION OF A PARTICULAR PRODUCT .  FOR THESE REASONS IT SEEMS TO THE COMMISSION THAT THE BEST SOLUTION FOR ATTAINING THE OBJECTIVES LAID DOWN IN ARTICLE 37 , BECAUSE THERE IS NO DOUBT THAT IT WILL BE EFFECTIVE , IS TO ABOLISH THE EXCLUSIVE RIGHT OF THE CIF TO IMPORT AND MARKET , IN SO FAR AS THAT RIGHT CONCERNS TRADE BETWEEN MEMBER STATES .  8 . WITH REGARD TO THE REVENUE-PRODUCING ASPECTS OF THE MONOPOLY , THE COMMISSION POINTS OUT THAT ARTICLE 90 ( 2 ) OF THE EEC TREATY CANNOT BE INVOKED IN ORDER TO AVOID OR LIMIT THE REQUIREMENT UNDER ARTICLE 37 FOR THE ADJUSTMENT OF THE MONOPOLY IN MECHANICAL LIGHTERS . INDEED , ARTICLE 90 ( 2 ) DOES NO MORE THAN LAY DOWN THAT UNDERTAKINGS HAVING THE CHARACTER OF A REVENUE-PRODUCING MONOPOLY ARE SUBJECT TO THE RULES CONTAINED IN THE TREATY IN SO FAR AS THE APPLICATION OF SUCH RULES DOES NOT OBSTRUCT THE PERFORMANCE , IN LAW OR IN FACT , OF THE PARTICULAR TASKS ASSIGNED TO THEM , WHILE THE DEVELOPMENT OF TRADE MUST NOT BE AFFECTED TO SUCH AN EXTENT AS WOULD BE CONTRARY TO THE INTERESTS OF THE COMMUNITY .  IT FOLLOWS FROM WHAT HAS BEEN SAID IN PARAGRAPH 3 THAT , SINCE THE TAX IS PAID BY THE CONSUMER , THE CIF NO LONGER HAS ANY REVENUE FUNCTION TO PERFORM .  II  ON THESE GROUNDS THE COMMISSION OF THE EUROPEAN COMMUNITIES , IN ACCORDANCE WITH ARTICLE 37 ( 6 ) OF THE EEC TREATY , RECOMMENDS THE ITALIAN REPUBLIC TO TAKE THE FOLLOWING MEASURES NOT LATER THAN 31 DECEMBER 1969 :  1 . TO ALLOW SUPPLIERS IN OTHER MEMBER STATES TO IMPORT MECHANICAL LIGHTERS FROM MEMBER STATES WITHOUT ANY RESTRICTION . TO THAT END , ALL FORMALITIES NECESSARY FOR THE INTRODUCTION OF THESE PRODUCTS ON TO THE ITALIAN MARKET MUST BE SUCH AS CAN BE CARRIED OUT DIRECTLY BY THE BUYERS OR PERSONS APPOINTED BY THEM , SO THAT THOSE CONCERNED MAY IMMEDIATELY DISPOSE OF THE PRODUCTS WITHOUT THE INTERVENTION OF THE CIF ;  2 . TO ALLOW ALL OPERATIONS NECESSARY FOR THE MARKETING OF MECHANICAL LIGHTERS FROM OTHER MEMBER STATES TO BE FREELY CARRIED OUT ON THE ITALIAN MARKET . TO THAT END :   _ ALLOW SUPPLIERS FROM OTHER MEMBER STATES TO HOLD STOCKS IN ITALY ;   _ TO MAKE THE GRANTING OF A PERMIT FOR THE SALE OF MECHANICAL LIGHTERS NO LONGER SUBJECT TO THE APPROVAL OF THE CIF ;   _ TO ALLOW SUPPLIERS FROM OTHER MEMBER STATES TO PROVIDE AFTER-SALES SERVICE ;   _ TO ALLOW PRICES FOR PRODUCTS FROM OTHER MEMBER STATES TO BE ESTABLISHED ON THE BASIS OF AGREEMENT BETWEEN BUYERS AND SELLERS AT THE DIFFERENT STAGES OF MARKETING .  DONE AT BRUSSELS , 25 NOVEMBER 1969 .  FOR THE COMMISSION  THE PRESIDENT  JEAN REY


Avis juridique important

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31978K0932

Commission Recommendation No 932/78/ECSC of 2 May 1978 imposing a definitive anti-dumping duty on iron or steel coils for re-rolling originating in Bulgaria

Official Journal L 120 , 04/05/1978 P. 0022 - 0024 Greek special edition: Chapter 13 Volume 7 P. 0190  Spanish special edition: Chapter 13 Volume 9 P. 0082  Portuguese special edition Chapter 13 Volume 9 P. 0082

****( 1 ) OJ NO L 114 , 5 . 5 . 1977 , P . 6 .  ( 2 ) OJ NO L 352 , 31 . 12 . 1977 , P . 13 .  ( 3 ) OJ NO C 19 , 24 . 1 . 1978 , P . 10 .  ( 4 ) OJ NO L 37 , 7 . 2 . 1978 , P . 13 .  ( 5 ) COMMUNICATION FROM THE COMMISSION OF 31 DECEMBER 1977 CONCERNING THE BASIC PRICES OF CERTAIN STEEL PRODUCTS ( OJ NO L 353 , 31 . 12 . 1977 , P . 1 ).  ( 1 ) OJ NO L 114 , 5 . 5 . 1977 , P . 1 AND OJ NO L 352 , 31 . 12 . 1977 , P . 17 .    COMMISSION RECOMMENDATION NO 932/78/ECSC   OF 2 MAY 1978   IMPOSING A DEFINITIVE ANTI-DUMPING DUTY ON IRON OR STEEL COILS FOR RE-ROLLING ORIGINATING IN BULGARIA   THE COMMISSION OF THE EUROPEAN   COMMUNITIES ,   HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN COAL AND STEEL COMMUNITY , AND IN PARTICULAR ARTICLES 74 AND 86 THEREOF ,   HAVING REGARD TO COMMISSION RECOMMENDATION 77/329/ECSC OF 15 APRIL 1977 ON PROTECTION AGAINST DUMPING OR THE GRANTING OF BOUNTIES OR SUBSIDIES BY COUNTRIES WHICH ARE NOT MEMBERS OF HE EUROPEAN COAL AND STEEL COMMUNITY ( 1 ), AS AMENDED BY RECOMMENDATION NO 3004/77/ECSC ( 2 ), AND IN PARTICULAR ARTICLES 17 AND 19 THEREOF ,   HAVING HEARD THE OPINIONS EXPRESSED WITHIN THE ADVISORY COMMITTEE PROVIDED FOR BY RECOMMENDATION 77/329/ECSC ,   WHEREAS THE COMMISSION HAS RECEIVED A COMPLAINT , SUBMITTED IN THE NAME OF THE RELEVANT COMMUNITY INDUSTRY , SETTING OUT EVIDENCE AS TO THE EXISTENCE OF DUMPING OF COILS , ORIGINATING IN BULGARIA AND CERTAIN OTHER COUNTRIES , AND OF MATERIAL INJURY RESULTING THEREFROM ;   WHEREAS , SINCE THE INFORMATION RECEIVED INDICATED THAT THE COMPLAINT WAS ADMISSIBLE AND THAT DEFENSIVE MEASURES MIGHT BE NECESSARY , THE COMMISSION OFFICIALLY NOTIFIED THE REPRESENTATIVES OF THE EXPORTING COUNTRY AND THE IMPORTERS AND EXPORTERS KNOWN TO BE CONCERNED , PUBLISHED IN THE OFFICIAL JOURNAL OF THE EUROPEAN COMMUNITIES A NOTICE OF THE INITIATION OF AN INQUIRY CONCERNING THE IMPORTS IN QUESTION  ( 3 ) AND COMMENCED AN EXAMINATION OF THE MATTER IN COOPERATION WITH THE MEMBER STATES ;   WHEREAS , SINCE PRELIMINARY EXAMINATION OF THE MATTER SHOWED THAT THERE WAS DUMPING AND SUFFICIENT EVIDENCE OF INJURY AND THE INTERESTS OF THE COMMUNITY CALLED FOR IMMEDIATE INTERVENTION , THE COMMISSION , BY RECOMMENDATION NO 245/78/ECSC ( 4 ), IMPOSED A PROVISIONAL ANTI-DUMPING DUTY ON THE IMPORTS IN QUESTION ;   WHEREAS , IN THE COURSE OF THE EXAMINATION OF THE MATTER , COMPLETED AFTER THE IMPOSITION OF THE PROVISIONAL ANTI-DUMPING DUTY , THE COMMISSION GAVE INTERESTED PARTIES THE OPPORTUNITY TO MAKE KNOWN THEIR VIEWS ;   WHEREAS , HOWEVER , IN SO FAR AS INTERESTED PARTIES DID NOT AVAIL THEMSELVES OF THE OPPORTUNITY TO MAKE KNOWN THEIR VIEWS OR PRESENT THEIR ARGUMENTS , THE COMMISSION HAD TO BASE ITS FINDINGS ON THE FACTS AVAILABLE ;   WHEREAS WHEN DETERMINING DUMPING ON THE ABOVEMENTIONED IMPORTS , THE COMMISSION HAD TO TAKE ACCOUNT OF THE FACT THAT TRADE IS ON A BASIS OF NEAR OR TOTAL MONOPOLY AND THAT PRICES ARE FIXED BY THE STATE AND THAT , THEREFORE , AN EXACT COMPARISON BETWEEN THE EXPORT PRICE OF THE PRODUCT TO THE COMMUNITY AND ITS DOMESTIC PRICE IS NOT APPROPRIATE ;   WHEREAS , FOR ALL THESE REASONS , THE COMMISSION HAS DECIDED TO BASE ITS DUMPING CALCULATIONS ON THE COST OF PRODUCTION IN A COUNTRY CONSIDERED TO BE ONE OF THE MOST EFFICIENT PRODUCERS OF THE PRODUCT IN QUESTION , AS ESTABLISHED BY MEANS OF THE LATEST PUBLICLY AVAILABLE DATA ;   WHEREAS SUCH COST OF PRODUCTION HAS BEEN CALCULATED TAKING INTO CONSIDERATION INTER ALIA THE FOLLOWING ELEMENTS : RAW MATERIALS ( COVERING IRON ORE , SINTER , PELLETS , SCRAP , FERRO ALLOYS AND OTHER IRON BEARING MATERIALS AND FLUXES ), ENERGY COSTS ( COKE , FUEL OIL , ELECTRICITY ), LABOUR COSTS INCLUDING SOCIAL COSTS , OTHER OPERATING COSTS ( INCLUDING MAINTENANCE COSTS AND TRANSPORT COSTS ) AND CAPITAL COSTS , TO WHICH WAS ADDED A REASONABLE AMOUNT FOR ADMINISTRATION , SELLING AND ANY OTHER COSTS AND FOR PROFITS ;   WHEREAS THE AFOREMENTIONED CALCULATION HAS CONFIRMED THE REASONABLENESS OF THE BASIC PRICES AS PUBLISHED BY THE COMMISSION ( 5 );   WHEREAS THE PRICES OF IMPORTS INTO THE COMMUNITY OF THE PRODUCTS WHICH ARE THE SUBJECT OF THE COMPLAINT HAVE BEEN COMPARED WITH THESE BASIC PRICES ;   WHEREAS THIS PRICE COMPARISON WAS MADE ON A FREE COMMUNITY FRONTIER DUTY-PAID BASIS ;   WHEREAS THIS EXAMINATION OF THE MATTER HAS SHOWN THAT THE PRODUCTS IN QUESTION WERE OFFERED FOR IMPORT WITHIN THE COMMUNITY AT PRICES LOWER THAN THE BASIC PRICES AND THAT DUMPING HAS TAKEN PLACE , THE MARGIN OF WHICH IS CONSTITUTED BY THIS UNDERCUTTING ;   WHEREAS , WITH REGARD TO INJURY TO THE INDUSTRY CONCERNED , THE EVIDENCE AVAILABLE TO THE COMMISSION SHOWS THAT IMPORTS INTO THE COMMUNITY OF THE PRODUCTS INCREASED GLOBALLY FROM 1 170 000 TONNES IN 1974 TO 1 551 000 TONNES IN THE FIRST SIX MONTHS OF 1977 ALONE , IMPORTS ORIGINATING IN BULGARIA HAVING RISEN FROM 78 000 TO 80 000 TONNES IN THE SAME PERIOD , AND THAT , AS A RESULT , THEY HAVE BEEN ABLE TO ACQUIRE A MARKET SHARE IN THE COMMUNITY OF 20 % IN TOTAL AND 14.6 % FOR IMPORTS ORIGINATING IN BULGARIA TOGETHER WITH THOSE FROM AUSTRALIA , AUSTRIA , CZECHOSLOVAKIA , FINLAND , JAPAN , SOUTH AFRICA , SOUTH KOREA AND SPAIN , WHICH ARE ALSO SUBJECT TO DEFENSIVE MEASURES IN THE COMMUNITY OR COVERED BY STEEL ARRANGEMENTS CONCLUDED WITH THE ECSC ;   WHEREAS , ON THE OTHER HAND , THE COMMUNITY STEEL INDUSTRY IS IN A CRISIS SITUATION CHARACTERIZED BY A REDUCTION OF ABOUT 4 % IN THE PRODUCTION OF THE PRODUCTS CONCERNED BETWEEN 1974 AND 1977 IN THE COMMUNITY , BY A REDUCTION IN THE NUMBER EMPLOYED FROM 780 000 TO 720 000 BETWEEN 1974 AND 1977 AND BY SHORT-TIME WORKING AND THAT , AS A RESULT , THE COMMUNITY STEEL INDUSTRY RECORDED A REDUCTION IN PROFITS OR THE APPEARANCE OF SERIOUS LOSSES IN MOST OF THE FIRMS CONCERNED ;   WHEREAS , IN ORDER TO REMEDY THIS SITUATION , THE COMMISSION HAS INTRODUCED A SYSTEM OF MINIMUM PRICES ( 1 ) FOR SALES WITHIN THE COMMUNITY OF CERTAIN STEEL PRODUCTS PRODUCED BY THE EUROPEAN STEEL INDUSTRY ;   WHEREAS THE IMPORT PRICES INTO THE COMMUNITY OF PRODUCTS ORIGINATING IN BULGARIA ARE CONSIDERABLY LOWER THAN THESE MINIMUM PRICES AND THAT SUCH UNDERCUTTING JEOPARDIZES THE EQUILIBRIUM OF THE ENTIRE PRICING SYSTEM AND CAUSES OR THREATENS TO CAUSE MATERIAL INJURY TO THE COMMUNITY INDUSTRY OR TO A MAJOR PART OF IT ;   WHEREAS , THEREFORE , THE FACTS AS FINALLY ESTABLISHED SHOW THAT MATERIAL INJURY HAS BEEN CAUSED TO THE COMMUNITY INDUSTRY OR THAT SUCH INJURY WOULD HAVE BEEN CAUSED IF PROVISIONAL ACTION HAD NOT BEEN TAKEN , BY IMPORTS ORIGINATING IN BULGARIA TOGETHER WITH THOSE FROM AUSTRALIA , AUSTRIA , CZECHOSLOVAKIA , FINLAND , JAPAN , SOUTH AFRICA , SOUTH KOREA AND SPAIN WHICH ARE ALSO SUBJECT TO DEFENSIVE MEASURES OR WHICH ORIGINATE IN COUNTRIES WHICH HAVE CONCLUDED STEEL ARRANGEMENTS WITH THE COMMUNITY , NAMELY JAPAN , AUSTRIA , CZECHOSLOVAKIA , FINLAND , SOUTH AFRICA AND SPAIN ;   WHEREAS , IN THE SERIOUS CONDITIONS BEING EXPERIENCED BY THE COMMUNITY STEEL INDUSTRY , THE INTERESTS OF THE COMMUNITY REQUIRE THE IMPOSITION OF A DEFINITIVE ANTI-DUMPING DUTY AND THE DEFINITIVE COLLECTION OF THE AMOUNT SECURED BY WAY OF PROVISIONAL DUTY ;   WHEREAS THE AMOUNT OF SUCH DEFINITIVE DUTY SHOULD CORRESPOND TO THE DIFFERENCE BETWEEN THE BASIC PRICE PUBLISHED BY THE COMMISSION FOR THE PRODUCTS IN QUESTION AND ITS PRICE ON IMPORTATION INTO THE COMMUNITY , DUE CONSIDERATION BEING GIVEN UP TO ANY DIMINUTION IN VALUE CLAIMED BY THE IMPORTERS AND ESTABLISHED TO THE SATISFACTION OF THE COMPETENT NATIONAL AUTHORITIES ,   HAS ADOPTED THIS RECOMMENDATION   ARTICLE 1   1 .  A DEFINITIVE ANTI-DUMPING DUTY IS HEREBY IMPOSED ON THE FOLLOWING PRODUCTS ORIGINATING IN BULGARIA :   -  IRON OR STEEL COILS FOR RE-ROLLING ,   -  COMMON CUSTOMS TARIFF HEADING NO 73.08 ,   -  NIMEXE CODE 73.08-01 TO 49 .   2 .  THE AMOUNT OF THIS DUTY SHALL BE EQUAL TO THE AMOUNT BY WHICH THE EFFECTIVE PRICE ( BASIC PRICE PLUS EXTRAS ) ESTABLISHED BY CONTRACT , FREE FRONTIER DUTY-PAID , IS LOWER THAN THE EFFECTIVE PRICE ( BASIC PRICE PLUS EXTRAS ) LAST PUBLISHED BY THE COMMISSION FOR THIS PRODUCT AT THE TIME OF ITS ENTRY FOR COMMUNITY CONSUMPTION .   3 .  THE AMOUNT OF THE DUTY SHALL HOWEVER BE REDUCED TO THE EXTENT THAT THE IMPORTER ESTABLISHES , TO THE SATISFACTION OF THE COMPETENT NATIONAL AUTHORITIES , THAT THE PRICE DIFFERENTIAL REFERRED TO IN PARAGRAPH 2 ABOVE IS DUE TO A DIMINUTION IN VALUE RESULTING FROM THE QUALITY OF THE GOODS BEING INFERIOR TO THE LOWEST QUALITY DESCRIBED IN THE LAST PUBLICATION OF BASIC PRICES BY THE COMMISSION .   4 .  THIS DUTY SHALL BE COLLECTED ON THE SAME BASIS AS CUSTOMS DUTIES .   ARTICLE 2   THE AMOUNTS SECURED BY WAY OF PROVISIONAL DUTY UNDER THE PROVISIONS OF RECOMMENDATION NO 245/78/ECSC , IN RESPECT OF PRODUCTS ORIGINATING IN BULGARIA , SHALL BE DEFINITIVELY COLLECTED TO THE EXTENT THAT THEY DO NOT EXCEED THE AMOUNT OF DUTY FIXED IN THIS RECOMMENDATION .   ARTICLE 3   THIS RECOMMENDATION SHALL BE NOTIFIED TO THE MEMBER STATES .   IT SHALL ENTER INTO FORCE FOR EACH MEMBER STATE ON THE DATE OF ITS PUBLICATION IN THE OFFICIAL JOURNAL OF THE EUROPEAN COMMUNITIES .   DONE AT BRUSSELS , 2 MAY 1978 .   FOR THE COMMISSION   WILHELM HAFERKAMP   VICE-PRESIDENT


Avis juridique important

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31994H0284

94/284/EC: Commission Recommendation of 19 April 1994 concerning the legal treatment of the ecu and of contracts denominated in ecu in view of the introduction of the single European currency

Official Journal L 121 , 12/05/1994 P. 0043 - 0044

COMMISSION RECOMMENDATION of 19 April 1994 concerning the legal treatment of the ecu and of contracts denominated in ecu in view of the introduction of the single European currency (94/284/EC)THE COMMISSION OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Community, and in particular the second indent of Article 155 thereof,  Whereas the introduction of this recommendation is pursuant to the aims set out in the Commission's White Paper Removing the legal obstacles to the use of the ecu (1), whose main orientations have been examined and approved by the European Parliament  (2) and the Economic and Social Committee (3);  Whereas the Treaty establishing the European Community states in Article 109g that the currency composition of the ecu is frozen and that, from the start of the third stage, the value of the ecu shall be irrevocably fixed in accordance with Article 109  l (4); whereas Article 109 l (4) establishes that, at the starting date of the third stage, the Council shall, acting with the unanimity of the Member States participating in stage three, on a proposal from the Commission and after consulting the  European Central Bank, adopt the conversion rates against the currencies of the Member States participating in stage three, at which the Ecu will become a currency in its own right;  Whereas Article 109 l (4) explains further that the decision regarding the conversion rates shall by itself not modify the external value of the ecu; whereas this means that one ecu in its current composition of a basket of component currencies will be  exchanged, at the due time and in accordance with the procedures described in the Treaty, for one ecu in its new composition of a currency in its own right at 1: 1 conversion rate (rule of nominal continuity);  Whereas in stage two of the Economic and Monetary Union the development of principles of uniformity of treatment of obligations denominated in ecu depends on the will of the Member States to adopt a similar legal treatment of the ecu in their national  legal systems;  Whereas Article 105 (1) of the Treaty defines price stability as the primary objective of the action of the European System of Central Banks; whereas the objective of price stability implies the application, in the legal system of the European Union, of  the nominalistic principle, as set up by Article 109 l (4) of the Treaty which is well known in the Member States and constitutes a general principle of their monetary law, in the legal system of the European Union; whereas the Treaty establishing the  European Community is a starting point for the elaboration of the first principles of European Monetary Law;  Whereas the European Commission has already stated in its White Paper Removing the legal obstacles to the use of the ecu that, in order to create principles of European Monetary Law, Member States should, as a minimum requirement grant by legislation to  the ecu the legal status of a foreign currency; whereas the same White Paper asked each Member State to ensure that, in its own legal system the ecu is not treated worse than the currencies of other Member States; whereas it does not imply that the ecu  is granted the status of 'parallel currency', which is not provided for in the Treaty on the European Union and has been rejected by the Member States during the negotiations,  HEREBY RECOMMENDS:   A.   TITLE 1   REMOVING LEGAL OBSTACLES TO THE USE OF THE ECU  1. that the Member States ensure that the ecu is given, by legislation, the legal status of a foreign currency;  2. that the Member States ensure that the ecu is not discriminated, in their own legal systems, against the other currencies to which the same legal status is granted.   TITLE 2   LEGAL PROTECTION OF THE ECU  3. that the Member States extend to the ecu adequate legal protection.   TITLE 3   CONTINUITY OF CONTRACTS DENOMINATED IN ECU  4. that all the parties in contracts denominated in ecu or in other similar denominations or referring to the ecu or to other similar denominations should comply with the provisions contained in the Annex  hereto;  5. that in case of doubt references in contracts to the ecu should be interpreted as meaning the ecu as defined in Community legislation.   B.  Member States are invited to inform the Commission within 12 months of the notification of this Recommendation of the texts of the main laws, regulations and administrative provisions which have been adopted with respect to Titles 1 and 2 of this  Recommendation and inform the Commission of any further changes in this field.   C.  This Recommendation is addressed to the Member States. Title 3 is also addressed to all contractual parties which contracted or are contracting any sort of legal obligation denominated in ecu.  Done at Brussels, 19 April 1994.  For the Commission Henning CHRISTOPHERSEN Vice-President  (1) Document SEC(92) 2472 final.  (2) Resolution A3-0296/93 of 27 October 1993 on removing the legal obstacles to the use of the ecu.  (3) ESC 236/94.      ANNEX  1. This Annex applies to all parties to contracts denominated in ecu or making reference to the ecu, whether they are natural or legal persons.  2. For the purposes of this Annex the following definitions apply:  - 'ecu' is the European currency unit to which Article 109 g of the Treaty establishing the European Community makes reference, both in its present composition as a basket of component currencies and in its future definition as a currency in its own  right,  - 'other similar denominations' are ecu, écu, Ecu, ECU, E.C.U. as well as any other wording used to make reference to the ecu as unit of account of the European Communities or to the ecu as denominator of the exchange rate mechanism,  - 'ecu basket' is the ecu in its present composition as a basket of component currencies,  - 'ecu as single currency' is the ecu in its future composition as a currency in its own right.  3. In all contracts denominated in ecu or in other similar denominations or making reference to the ecu or to other similar denominations, the contractual parties are deemed to make reference to the ecu as defined in Article 109 g of the Treaty  establishing the European Community.  4. At the due time and in accordance with the procedures described in Article 109 g and in Article 109 l (4) of the Treaty establishing the European Community, every obligation to pay a sum in the ecu basket will be converted into an obligation to pay  the same sum in ecu as single currency.


Important legal notice

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52009PC0167

Recommendation for a Council Decision on the European Capital of Culture event for the year 2012  /* COM/2009/0167 final */

	[pic] | COMMISSION OF THE EUROPEAN COMMUNITIES |Brussels, 8.4.2009COM(2009) 167 finalRecommendation for aCOUNCIL DECISIONOn the European Capital of Culture event for the year 2012EXPLANATORY MEMORANDUMDecision 1622/2006/EC of the European Parliament and the Council of 24 October 2006 establishing a Community action for the European Capital of Culture event for the years 2007 to 2019,[1] lays down the procedure of designation of the European Capitals of Culture. According to Article 2 of this Decision, from 2009 onwards, two cities of two Member States will be designated as European Capitals of Culture, in turn, according to the chronological order set out in the Annex to the Decision.In accordance with Article 14, the nomination for European Capitals of Culture concerning the year 2012 is submitted to transitional provisions, as follows.The nominations are notified to the European Parliament, the Council, the Commission and the Committee of the Regions by the Member States concerned no later than four years before the event in question is due to begin.The Commission forms a selection panel which issues a report on the nominations judged against the objectives and characteristics of this action. The selection panel is composed of leading independent figures who are experts on the cultural sector. The selection panel submits its report to the Commission, the European Parliament and the Council.The European Parliament may forward an opinion to the Commission on the nominations no later than 3 months after receipt of the report.The Council, acting on a recommendation from the Commission drawn up in the light of the selection panel’s report, officially designates the cities in question for the year for which they have been nominated.In accordance with article 2 and the Annex, Portugal notified the nomination of Guimarães and Slovenia nominated Maribor for the 2012 title before the end of 2007.The selection panel met on 23 April 2008 to examine the nominations. This examination included hearings of representatives from the candidate cities. The panel assessed the proposals against the criteria laid down for the event and then invited the cities concerned to develop their plans further, to focus more strongly on the main objectives and characteristics of the action as defined in Decision 1622/2006/EC, including cultural programmes that have a long term impact for the city and the region, and to complete their application accordingly. The panel expected a more detailed programme, especially for artistic events with a major European dimension[2].The completed applications were received by the Commission by 30 September 2008 and a new selection meeting took place on 5 November 2008. The panel submitted its report to the Commission in late November 2008; at the request of the panel, the Commission forwarded the report to the other Institutions.On the basis of an overall evaluation of the applications the panel – while suggesting some improvements, notably concerning Maribor's application - reached a consensus to recommend to the Institutions of the European Union that Guimarães and Maribor host the European Capital of Culture in 2012.The Committee on Culture and Education of the European Parliament forwarded a letter to DG EAC on 28 January 2009, as a follow up to the panel’s report, to highlight the relevant aspects of the designation of the 2012 European Capitals of culture.Consequently, the Commission, in accordance with Article 14 of Decision 1622/2006/EC submits to the Council the appended recommendation for the official designation of Guimarães and Maribor respectively for the 2012 European Capital of Culture event.Recommendation for aCOUNCIL DECISIONOn the European Capital of Culture event for the year 2012THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community,Having regard to Decision n° 1622/2006/EC of the European Parliament and the Council establishing a Community action for the European Capital of Culture event for the years 2007 to 2019[3], and in particular its Article14,Having regard to the Selection Panel report of November 2008 submitted to the Commission, the European Parliament, the Council in accordance with Article 14 paragraph 2 of Decision n° 1622/2006/EC,Considering that the criteria referred to in Article 14 paragraph 3 of Decision 1622/2006/EC are entirely fulfilled,Having regard to the recommendation from the Commission of the  2009,HAS DECIDED AS FOLLOWS:Article 1Guimarães and Maribor are designated as “European Capital of Culture 2012” in accordance with Article 14 of Decision 1622/2006/EC.Done at Brussels,For the CouncilThe President [1] OJ L 304 of 3.11.2006, p1[2] See the document called "Information about the selection meeting for the European Capital of Culture 2012" sent to the cities concerned following the meeting.[3] OJ L 304 of 3.11.2006, p1.


Avis juridique important

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31986H0156

86/156/EEC: Commission Recommendation of 6 May 1986 addressed to the Member States concerning the coordination of national measures taken in respect of agricultural products as a result of radioactive fallout from the Soviet Union

Official Journal L 118 , 07/05/1986 P. 0028 - 0028

*****COMMISSION  RECOMMENDATION  of 6 May 1986  addressed to the Member States concerning the coordination of national measures taken in respect of agricultural products as a result of radioactive fallout from the Soviet Union  (86/156/EEC)  THE COMMISSION OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Article 155 thereof,  Whereas, following the accident at the nuclear power plant at Chernobyl in the Soviet Union, radioactive elements were dispersed in the atmosphere and fallout was recorded in the Community;  Whereas, out of a legitimate concern to protect the health of consumers, Member States have adopted national measures to restrict or prohibit the marketing of certain agricultural products;  Whereas, as regards relations with the third countries affected, the Commission has presented the Council with a proposal to suspend imports of agricultural products which are liable to be contaminated and, in the case of meat, will take the necessary measures to that end;  Whereas it is therefore necessary to coordinate the measures taken by the Member States as regards marketing on their own markets, recommending them to observe strict limits applicable to the most sensitive products and to apply to the products which they export the same rules and controls as those applied in the case of marketing on their national markets;  Whereas the assurance thus given by the exporting Member State should enable the importing Member State to waive any other requirement on import and in particular any additional certificate, it being understood that no Member State will apply to products originating in another Member State stricter measures than those which it applies in respect of its own market,  HEREBY RECOMMENDS MEMBER STATES:  1. To ensure that the following maximum tolerances are observed in respect of marketing on their own market:  1.2,3 //  //  // From  // Maximum activity (Bq/kg)  // 1.2.3 //  // Milk and milk products   // Fruit and vegetables   //    //   //   // 6 May 1986   // 500   // 350  // 16 May 1986   // 250   // 175   // 26 May 1986   // 125  // 90   //    //   //  2. To subject products they export to the same limits and, generally speaking, to the same controls regarding radioactivity as those applying to their own market.  3. To recognize controls thus performed by the exporting Member State, doing away with any other requirements on import in this connection, in particular any additional certificates.  4. To inform the other Member States and the Commission without delay of the action taken in response to this recommendation.  Done at Brussels, 6 May 1986.  For the Commission  Frans ANDRIESSEN  Vice-President


Important legal notice

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52005SC0144

Recommendation for a Council opinion in accordance with the third paragraph of Art. 5 of Council Regulation (EC) No 1466/97 of 7 July 1997 On the updated stability programme of France, 2004-2008  /* SEC/2005/0144 final */

	Brussels, 2.2.2005SEC(2005) 144 finalRecommendation for aCOUNCIL OPINIONin accordance with the third paragraph of Art. 5 of Council Regulation (EC) No 1466/97 of 7 July 1997 On the updated stability programme of France, 2004-2008(presented by the Commission)EXPLANATORY MEMORANDUMCouncil Regulation (EC) No. 1466/97 on the strengthening of the surveillance of budgetary positions and the surveillance and coordination of economic policies[1] stipulates that participating Member States, that is, those which have adopted the single currency, had to submit stability programmes to the Council and the Commission by 1 March 1999. In accordance with Article 5 of this Regulation, the Council had to examine each stability programme based on assessments prepared by the Commission and the Committee set up by Article 114 of the Treaty (the Economic and Financial Committee). On the basis of a recommendation from the Commission and after having consulted the Economic and Financial Committee, the Council delivered an opinion, following its examination of the programme. According to the Regulation, Member States need to submit annual updates of their stability programmes, which may also be examined by the Council in accordance with these same procedures.In view of a government deficit exceeding 3% of GDP in 2002, the Council decided that France was in excessive deficit on 3 June 2003 and recommended that the excessive deficit be corrected by 2004 at the latest. In its Communication to the Council on “the situation of Germany and France in relation to their obligation under the excessive deficit procedure following the judgement of the Court of Justice” adopted on 14 December 2004[2], the Commission concluded that 2005 should be considered the relevant deadline for the correction of the excessive deficit. On the basis of the measures detailed in the 2005 budget and of the Commission services’ Autumn 2004 forecasts, the Commission stated in the Communication that the action taken by the French authorities appeared to be broadly consistent with a correction of the excessive deficit by 2005 and that no further steps were necessary at this point under the excessive deficit procedure. It noted, however, that if failures in implementing the envisaged correction measures emerged at a later stage, it would have to recommend that the Council enhance budgetary surveillance and take the necessary action within the provisions of the Treaty and the Stability and Growth Pact.The first stability programme of France, covering the period 1999-2002, was submitted on 18 January 1999 and assessed by the Council on 15 March 1999. Updates have been presented every subsequent year, the most recent one having been submitted on 7 December 2004. The Commission services have carried out a technical evaluation of this update, taking into account the results of their own Autumn 2004 economic forecasts, and having regard to the code of conduct[3], the commonly agreed methodology for the estimation of potential output and cyclically-adjusted balances, the recommendations in the Broad Economic Policy Guidelines for the period 2003-2005 and the principles laid down in the Communication from the Commission to the Council and the European Parliament of 27 November 2002 on strengthening the coordination of budgetary policies, endorsed by the Council[4]. This evaluation is as follows:-  The 2004 update of the stability programme of France was submitted to the Commission on 7 December 2004. It covers the period 2004-2008 and broadly complies with the data requirements of the “code of conduct on the content and format of stability and convergence programmes”. However, it does not provide projections for total employment growth according to the national accounts definition, which are compulsory, presenting only projections for employment growth in the private sector. Neither does it supply some optional data which would have been useful for the assessment of the programme.-  For the period 2004-2008, the programme projects real GDP growth at 2.5% per year. According to Commission calculations applying the commonly agreed methodology to the figures of the programme, real GDP growth would be slightly higher than potential. The output gap would however remain negative until 2008. For the years 2004-2006, the projections of the Commission services are slightly less favourable than those of the programme, with real GDP growth being projected at 2.4% in 2004 and 2.2% in 2005 and 2006. Overall, while somewhat on the high side, the macroeconomic projections of the programme can be considered plausible.-  The programme is aimed at reducing the general government deficit to below 3% of GDP in 2005 and at ensuring its continuous decline in the following years. The deficit reduction in 2005, from 3.6% of GDP in 2004 to 2.9% of GDP, would be achieved notably by a one-off revenue item amounting to 0.4% of GDP[5]. In the subsequent years, the deficit is projected to decline by 0.6-0.7 percentage point of GDP per year to 0.9% of GDP in 2008. Compared with the previous update, the current update broadly confirms the planned adjustment against a slightly more favourable macroeconomic scenario. The primary balance would improve from a deficit of 0.7% of GDP in 2004 to a surplus of 2.2% of GDP in 2008. According to Commission calculations based on the projections of the update and the commonly agreed methodology, the cyclically-adjusted balance would also improve by 0.6-0.7 percentage point per year as from 2005 and would reach -0.7% of GDP in 2008. The medium-term budgetary strategy is based, as in previous updates, on the setting of multi-annual targets for the increase in government expenditures in real terms that imply a reduction of the expenditure-to-GDP ratio. The ratio of revenues to GDP is projected to remain roughly stable.-  As far as it is possible to judge on the basis of current information, measures taken by the French authorities should be sufficient to reduce the deficit to 3% of GDP in 2005. However, the budgetary situation remains vulnerable and any unfavourable development on the macroeconomic or budgetary side could compromise the objective of correcting the excessive deficit in 2005. The budgetary adjustment projected for the years after 2005 is significant, which is warranted given the seriousness of the budgetary situation. However, the projections are subject to risks and, on some points, insufficiently documented. In particular, the reduction of the deficit projected for 2006 seems out of reach under current policies. The programme foresees a decline in the deficit from 2.9% of GDP in 2005 to 2.2% of GDP in 2006, though tax cuts worth 0.2% of GDP have already been announced and one-off revenues will vanish. The programme does not give sufficient information on the measures intended to compensate for these developments. On the assumption of unchanged economic polices, the Commission services’ 2004 Autumn forecasts project an increase in the general government deficit from 3.0% to 3.3% of GDP in 2006. This means that, under current growth assumptions, measures leading to a deficit reduction by about one percentage point of GDP in 2006 would have to be taken in order to achieve the target set in the programme. In addition, the general government expenditure target set for the period 2006-2008, namely an increase by 1.2% per year in real terms, implies a significant deceleration compared to recent trends, which is likely to be difficult to reach under current policies. The structural reforms implemented in 2003 and 2004, notably the pension and health reforms, constitute clear steps in the right direction but appear insufficient to secure the foreseen deceleration of expenditure. There are also concerns about the credibility of the expenditure targets since the objectives set in the previous updates were missed by a large margin. In view of this risk assessment, the projected adjustment, although significant, does not provide a sufficient safety margin against breaching the 3% of GDP threshold with normal macroeconomic fluctuations until 2007. It is also insufficient to ensure that the Stability and Growth Pact’s medium-term objective of a budgetary position of close to balance is achieved within the programme period.-  After increasing by 8 percentage points between 2001 and 2004 to 64.8% of GDP, the debt-to-GDP ratio is projected to remain above 60% of GDP throughout the period covered by the programme (62% in 2008). A gradual reduction would start only in 2006, triggered by nominal GDP growth and the shift to primary surpluses. The projected path for the debt is affected by the same uncertainties as the deficit ratio.-  The update reviews the structural reforms recently introduced by the French authorities. Notably, the programme presents in detail the reform of the health insurance system implemented in summer 2004, which aims to bring the health insurance system to budgetary balance in 2007 (from a deficit of 0.8% of GDP in 2004), while preserving the quality of the health service. The reform, which also aims at improving the overall governance of the system, introduced an independent alert committee charged with formulating recommendations if it should identify a risk of slippage from the official target. The health reform followed the major reform of the pension system adopted in 2003, which significantly raised the financial incentives to remain active until and after the legal retirement age. Finally, the programme underlines that the new budgetary framework for the State sector (Loi Organique relative aux Lois de Finances) should enable further progress in enhancing the quality and efficiency of public spending programmes while also facilitating the attainment of budgetary objectives. Although these reforms are probably insufficient to meet the expenditure targets set in the update and to secure the long-term sustainability of government finances, they are going in the right direction.-  There are some risks with regard to the long-term sustainability of the public finances on grounds of the large projected budgetary cost of an ageing population. This is despite the implementation of major structural reforms of the pension and health-care systems in 2003 and 2004 respectively. In the absence of further reforms, additional consolidation would thus also be needed in the years ahead.-  Overall, the economic policies outlined in the update are partly consistent with the country-specific Broad Economic Policy Guidelines in the area of public finances. France has implemented major structural reforms, notably concerning the pension and health systems, which place it in a better position to face the consequences of an ageing population. However, the reduction of the cyclically-adjusted deficit in 2004 will be significantly lower than recommended and France did not take measures in order to accelerate the reduction in the cyclically-adjusted deficit when growth conditions improved. In addition, although significant, the medium-term adjustment projected in the 2004 update will not be sufficient to reach a close-to-balance budgetary position within the time span covered by the update and it is subject to uncertainties.-  In view of the above assessment, it would be appropriate for France to (i) do the necessary to ensure the correction of the excessive deficit in 2005; (ii) make sure that the budgetary consolidation continues in the years after 2005 so as to reach a close to balance budgetary position in 2008; and (iii) continue structural reforms and control expenditure in order to secure the respect of the multi-annual expenditure targets set in the programme.* * *On the basis of this assessment, the Commission has adopted the attached recommendation for a Council Opinion on the updated stability programme of France and is forwarding it to the Council.Recommendation for aCOUNCIL OPINIONin accordance with the third paragraph of Art. 5 of Council Regulation (EC) No 1466/97 of 7 July 1997 On the updated stability programme of France, 2004-2008THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community,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[6], and in particular Article 5(3) thereof,Having regard to the recommendation of the Commission,After consulting the Economic and Financial Committee,HAS DELIVERED THIS OPINION:On [17 February 2005] the Council examined the updated stability programme of France, which covers the period 2004 to 2008. The programme broadly complies with the data requirements of the revised “code of conduct on the content and format of stability and convergence programmes”. However, it does not provide projections for total employment growth according to the national accounts definition, which are compulsory, and does not contain some optional variables. Accordingly, France is invited to achieve full compliance with the data requirements.The macro-economic scenario underlying the programme envisages real GDP growth at 2.5% from 2004 to 2008, a rate marginally above potential. On the basis of currently available information, this scenario seems to reflect plausible growth assumptions, although somewhat on the high side. The programme’s projections for inflation also appear realistic.On 3 June 2003, the Council decided that an excessive deficit existed in France and recommended that this be corrected by 2004 at the latest. In its Communication to the Council on “the situation of Germany and France in relation to their obligation under the excessive deficit procedure following the judgement of the Court of Justice” adopted on 14 December 2004[7], the Commission concluded that 2005 should be considered the relevant deadline for the correction of the excessive deficit since the Council conclusions of November 2003 had produced legal effects until annulled by the Court. The primary aim of the budgetary strategy of the programme is to bring the deficit below 3% of GDP by 2005. The programme is also aimed at ensuring a continuous decline in the general government deficit in the subsequent years. The deficit is projected to decline steadily by 0.6-0.7 percentage point of GDP per year from 2005 to reach a level of 0.9% of GDP in 2008. Compared with the previous programme, the current update broadly confirms the planned adjustment against a slightly more favourable macroeconomic scenario. According to Commission calculations based on the projections of the programme and the commonly agreed methodology, the cyclically-adjusted balance would also improve by about 0.6-0.7 percentage point per year from 2005, and would reach -0.7% of GDP in 2008. As in previous updates, the medium-term budgetary strategy is based on the setting of multi-annual targets for the increase in government expenditures in real terms that imply a reduction of the expenditure-to-GDP ratio. The ratio of revenues to GDP being projected to remain roughly stable, this triggers a parallel decline in the deficit.Based on current information, measures taken by the French authorities should be sufficient to bring the deficit to 3% of GDP in 2005. However, the budgetary situation in France remains vulnerable. Correction of the excessive deficit requires effective implementation of all the measures envisaged and of additional measures in the event of adverse developments. Moreover, since the projected decline of the deficit in 2005 stems notably from a one-off payment amounting to ½% of GDP, the underlying budgetary adjustment projected for 2005 is relatively modest. In the years after 2005, the budgetary outcome could be worse than projected in the programme. In particular, the deficit objective for 2006 appears at risk under current policies, given that tax cuts are announced for that year and that major one-off revenues will vanish. In addition, under current policies the expenditure target set for the period 2006-2008 appears difficult to achieve, even if the structural reforms implemented in recent years constitute clear steps in the right direction. There are concerns about the credibility of the expenditure targets since the objectives set in the previous updates were missed by a large margin.In view of this risk assessment, the budgetary stance in the programme does not seem to provide a sufficient safety margin against breaching the 3% deficit threshold with normal macroeconomic fluctuations before 2007; nor is it sufficient to ensure that the Stability and Growth Pact’s medium-term objective of a budgetary position of close to balance is achieved within the programme period.The debt ratio is estimated to have reached 64.8% of GDP in 2004, above the 60%-of-GDP Treaty reference value. The programme projects the debt ratio to decline from 2006 onwards and to reach 62% of GDP in 2008. The evolution of the debt ratio is subject to the same risks as the deficit targets.With regard to the long-term sustainability of the public finances, France appears to be at some risk on grounds of large projected budgetary cost of an ageing population. This is despite the implementation of major structural reforms of the pension and health systems in 2003 and 2004 respectively. In the absence of further reforms, additional budgetary consolidation would be needed in the years ahead in order to ensure the sustainability of government finances.The economic policies as reflected in the 2004 update are partly consistent with the recommendations in the Broad Economic Policy Guidelines, specifically those with budgetary implications. France has implemented important structural reforms, notably concerning the health and pension systems, which place it in a better position to face the consequences of an ageing population. However, the reduction of the cyclically-adjusted deficit in 2004 will be significantly lower than recommended, and, moreover, France did not take measures in order to accelerate the reduction in the cyclically-adjusted deficit when growth conditions became favourable. In addition, although significant, the medium-term adjustment planned in the 2004 update is subject to uncertainties, and will not lead to a close-to-balance budgetary position over the period covered by the programme.* * *In view of the above assessment, the Council is of the opinion that France should:(i) do the necessary to ensure the correction of the excessive deficit in 2005;(ii) make sure that the budgetary consolidation continues in the years after 2005 so as to reach a close to balance budgetary position in 2008; and(iii) continue structural reforms and control expenditure in order to secure the respect of the multi-annual expenditure targets set in the programme.Comparison of key macroeconomic and budgetary projections2004 | 2005 | 2006 | 2007 | 2008 |Real GDP (% change) | SP Dec 2004 | 2.5 | 2.5 | 2.5 | 2.5 | 2.5 |COM Oct 2004 | 2.4 | 2.2 | 2.2 | n.a. | n.a. |SP Dec 2003 | 1.7 | 2.5 | 2.5 | 2.5 | n.a. |HICP inflation (%) | SP Dec 2004 | 2.2 | 1.8 | 1.5 | 1.5 | 1.5 |COM Oct 2004 | 2.3 | 2.0 | 1.8 | n.a. | n.a. |SP Dec 2003 | 1.5 | 1.5 | 1.5 | 1.5 | n.a. |General government balance (% of GDP) | SP Dec 2004 | -3.6 | -2.9 | -2.2 | -1.6 | -0.9 |COM Oct 2004 | -3.7 | -3.0 | -3.3 | n.a. | n.a. |SP Dec 2003 | -3.55 | -2.9 | -2.2 | -1.5 | n.a. |Primary balance (% of GDP) | SP Dec 2004 | -0.7 | 0.1 | 0.8 | 1.5 | 2.2 |COM Oct 2004 | -0.7 | -0.1 | -0.4 | n.a. | n.a. |SP Dec 2003 | -0.6 | 0.1 | 0.9 | 1.6 | n.a. |Cyclically-adjusted balance (% of GDP) | SP Dec 2004¹ COM Oct 2004 SP Dec 2003¹ | -3.4 -3.5 -3.2 | -2.7 -2.8 -2.6 | -2.0 -3.1 -1.9 | -1.4 n.a. -1.3 | -0.7 n.a. n.a. |Government gross debt (% of GDP) | SP Dec 2004 | 64.8 | 65.0 | 64.6 | 63.6 | 62.0 |COM Oct 2004 | 64.9 | 65.5 | 66.3 | n.a. | n.a. |SP Dec 2003 | 62.8 | 63.2 | 62.8 | 61.8 | n.a. |Note: 1Commission services calculations on the basis of the information in the programme Sources: Stability programme; Commission services autumn 2004 economic forecast; Commission calculations. |[1] OJ L 209, 2.8.1997. All the documents referred to in this text can be found at the following website: http://europa.eu.int/comm/economy_finance/about/activities/sgp/main_en.htm.[2] COM(2004) 813, 14.12.2004.[3] Revised Opinion of the Economic and Financial Committee on the content and format of stability and convergence programmes, endorsed by the ECOFIN Council on 10.7.2001.[4] COM(2002) 668 final, 27.11.2002.[5] Since the presentation of the draft Budget for 2005 in September 2004, this one-off payment has been revised to 0.5% of GDP. While the revision was incorporated in the Commission services’ Autumn forecast, the projections of the programme are still based on the initial estimate of 0.4% of GDP.[6] OJ L 209, 2.8.1997, p. 1. The documents referred to in this text can be found at the following website:http://europa.eu.int/comm/economy_finance/about/activities/sgp/main_en.htm.[7] COM(2004) 813, 14.12.2004.


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31982K3419

Commission Recommendation No 3419/82/ECSC of 20 December 1982 extending the Community system of monitoring imports into the Community of certain iron and steel products covered by the Treaty establishing the European Coal and Steel Community and originating in third countries

Official Journal L 360 , 21/12/1982 P. 0025 - 0025

*****COMMISSION  RECOMMENDATION No 3419/82/ECSC  of 20 December 1982  extending the Community system of monitoring imports into the Community of certain iron and steel products covered by the Treaty establishing the European Coal and Steel Community and originating in third countries  THE COMMISSION OF THE EUROPEAN  COMMUNITIES,  Having regard to the Treaty establishing the European Coal and Steel Community, and in particular Article 74 thereof,  Whereas by recommendation No 1399/82/ECSC (1) the Commission instituted a Community monitoring system in respect of imports into the Community of certain iron and steel products covered by the Treaty establishing the European Coal and Steel Community;  Whereas the reasons which originally led the Commission to introduce these measures, namely the need to ensure fuller information on both expected imports and the terms under which they are made, continue to apply;  Whereas it is therefore necessary to prolong the said Community monitoring system,  HAS ADOPTED THIS RECOMMENDATION:  Article 1  The period of validity of recommendation No 1399/82/ECSC is hereby extended to 31 December 1983 (2).  Article 2  This recommendation is addressed to the Member States.  Done at Brussels, 20 December 1982.  For the Commission  Wilhelm HAFERKAMP  Vice-President  (1) OJ No L 157, 8. 6. 1982, p. 5.  (2) The import documents delivered during November and December 1982 may continue to be used in accordance with Article 1 (3) of recommendation No 1399/82/ECSC for a period of two months from the date of their delivery even if this period ends in 1983.


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31983H0187

83/187/EEC: Council recommendation of 28 March 1983 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 1981

Official Journal L 109 , 26/04/1983 P. 0006 - 0006

+++++( 1 ) OJ NO L 25 , 30 . 1 . 1976 , P . 2 .  ( 2 ) OJ NO L 176 , 1 . 7 . 1976 , P . 8 .  ( 3 ) OJ NO L 25 , 30 . 1 . 1976 , P . 168 .  ( 4 ) OJ NO L 229 , 20 . 8 . 1976 , P . 9 .  ( 5 ) OJ NO C 344 , 31 . 12 . 1982 , P . 1 .  COUNCIL RECOMMENDATION OF 28 MARCH 1983 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 1981 ( 83/187/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 LOME ( 1 ) , 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 ( 2 ) ,  HAVING REGARD TO THE INTERNAL AGREEMENT ON THE FINANCING AND ADMINISTRATION OF COMMUNITY AID ( 3 ) , 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 ( 4 ) , 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 1981 AND THE COURT OF AUDITORS' REPORT RELATING TO THE FINANCIAL YEAR 1981 TOGETHER WITH THE COMMISSION'S REPLIES ( 5 ) ,  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 1981 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 1981 .  DONE AT BRUSSELS , 28 MARCH 1983 .  FOR THE COUNCIL  THE PRESIDENT  J . ERTL


title: Council Recommendation of 12 July 2011 on the National Reform Programme 2011 of Italy and delivering a Council opinion on the updated Stability Programme of Italy, 2011-2014

text:
               21.7.2011

               EN

               Official Journal of the European Union

               C 215/4

         COUNCIL RECOMMENDATION
   of 12 July 2011
   on the National Reform Programme 2011 of Italy and delivering a Council opinion on the updated Stability Programme of Italy, 2011-2014
   2011/C 215/02
   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(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 programme 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 in time to be included in their stability or convergence programmes and their National Reform Programmes.

               (6)

               On 6 May 2011, Italy submitted its 2011 Stability Programme update covering the period 2011-2014 and its 2011 National Reform Programme. In order to take account of the interlinkages, the two programmes have been assessed at the same time.

               (7)

               The Italian economy had been affected by structural weaknesses long before the current global economic and financial crisis. Between 2001 and 2007, average real GDP growth was around 1 %, i.e. only half the euro-area average, due mainly to sluggish productivity growth. As these developments affected the whole country, the large regional economic disparities were not reduced. Although the economy was not marked by large private sector internal imbalances, it was seriously affected by the global crisis. A collapse in exports, and subsequently in investment, produced a sharp contraction of around 7 % in real GDP between the second quarter of 2008 and the second quarter of 2009. After having steadily fallen in the previous decade, government gross debt increased to 119 % by end-2010, also reflecting the sharp decline in GDP. Employment declined much less, supported by a government-sponsored scheme to reduce hours worked, and therefore the unemployment rate increased only moderately over 2008-2009. Led by exports, the economy started to recover in the second half of 2009, albeit at a slow pace. The labour market situation remained fragile in 2010, with the unemployment rate stabilising at around 8,5 % by the end of the year. Given the very high government debt ratio, Italy kept an appropriately prudent fiscal stance during the crisis, refraining from undertaking a large fiscal stimulus, and thus keeping the government deficit below the euro-area average in 2009-2010.

               (8)

               Based on the assessment of the updated Stability Programme pursuant to Regulation (EC) No 1466/97, the Council is of the opinion that the macroeconomic scenario underlying the programme is plausible. The programme plans to bring the general government deficit below 3 % of the GDP reference value by 2012, based on further expenditure restraint and additional revenues from improved tax compliance. Following the correction of the excessive deficit, the programme plans to achieve the medium-term objective (MTO) of a balanced budgetary position in structural terms by the end of the programme period (2014), backed by a commitment to further restrain primary expenditure. The programme projects the government debt ratio to peak in 2011 and to decline at an increasing pace thereafter, as the primary surplus increases. The planned average annual fiscal effort over the period 2010-2012 is above the 0,5 % of GDP recommended by the Council under the EDP, and the envisaged pace of adjustment after 2012 is well above the provisions in the Stability and Growth Pact. Reaching the above deficit and debt outcomes will require a strict budgetary implementation, while more information on the planned consolidation measures for 2013 and 2014 is needed to increase the credibility of the programme.

               (9)

               Given the very high government debt, which stands at around 120 % of GDP in 2011, the pursuit of a durable and credible consolidation and the adoption of structural measures to enhance growth are key priorities for Italy. According to the Commission's latest assessment, the risks with regards to long-term sustainability of public finances appear to be medium. For the period until 2012, the achievement of the targets for the general government deficit set in the Stability Programme, and thus the correction of the excessive deficit by 2012, relies on the full implementation of the measures already adopted. Additional action would be required if, for instance, revenues from improved tax compliance are lower than budgeted or if difficulties arise in achieving the planned restraint in capital expenditure. For 2013-2014, the new three-year budgetary framework prescribes that the concrete measures underpinning the consolidation effort be adopted by October 2011. Although the budgetary framework has been strengthened considerably in recent years, the introduction of enforceable expenditure ceilings and further improvements to budgetary monitoring across all government subsectors would foster fiscal discipline and strengthen the credibility of the medium-term budgetary strategy.

               (10)

               Despite relatively strong job creation in the years preceding the crisis, Italy's labour market exhibits some structural weaknesses. Workers on permanent contracts enjoy more protection than workers with atypical contracts. For the former, dismissals are subject to stringent rules and cumbersome procedures. For the latter, attention should be paid to the dynamics of self-employment that could hide subordinate working relations. Despite new ad hoc measures taken during the crisis in order to extend income support and unemployment protection, the current system of unemployment benefits remains fragmented. The level of unemployment among workers below 25 years of age reached 27,8 % in 2010, with an uneven distribution across the country, and youth unemployment in southern regions was double that in northern regions. The role of apprenticeships and vocational training should be further strengthened. Although very useful and necessary, there is currently no single system of skill certification and recognition of vocational and training standards that is acknowledged across the country, but a multiplication of regional regimes, thus not facilitating labour mobility and employment opportunities throughout Italy. There is room to strengthen the effectiveness of employment services, especially in regions with high unemployment. Finally, undeclared work remains a serious phenomenon in Italy.

               (11)

               Aligning wage developments with productivity growth is important in view of Italy's constant loss of competitiveness since the late 1990s; in this regard, bargaining at firm level can play a significant role, which may also help to address regional labour market disparities. The 2009 reform of the bargaining framework introduced, among other things, the possibility of opening clauses (i.e. derogations from the sectoral wage agreed at national level), but they have not yet been widely used up until now.

               (12)

               The employment rate of women lags behind that of men by over 20 percentage points on average with significant differences between regions. Barely one third of women between 20 and 64 were employed in the southern regions in 2009, due to both relatively lower activity rates and higher unemployment. Italy's relatively high taxation of labour reduces incentives to labour supply, especially for second earners in the household, and adversely affects labour demand by firms. To help boost female employment, the National Reform Programme looks to the plan adopted in 2010 to coordinate efforts across the layers of government to promote the reconciliation of work and family life. The government recently introduced a tax incentive for companies hiring disadvantaged workers, including those who work in a sector or occupation where the gender imbalance is particularly pronounced, in regions with high unemployment. The programme also announces a reform of the taxation system with a view to gradually shifting the tax burden from labour to consumption, which might help increase employment.

               (13)

               Compared to EU standards, the cost of doing business in Italy remains high, in particular in southern regions, despite recent measures to improve the business environment and to enhance the performance-orientation and accountability of the public administration. There is still ample scope for removing regulatory and administrative barriers in product and services markets, particularly in professional services. An Annual Law on Competition was introduced in 2009 as a legislative tool to enhance the competitive environment and consumer protection, but it has not yet been adopted. Lengthy contract enforcement procedures are a further weakness of Italy's business environment. Non-banking channels for financing the growth of firms are still comparatively rare in Italy, especially for small and medium-sized enterprises (SMEs). Equity financing and venture capital, in particular, continue to play only a limited role, despite their potential for promoting growth in firm size, outreach to new global markets and improved corporate governance.

               (14)

               Research and development (R&D) expenditure posted only a modest increase over the past 10 years. Consequently, R&D intensity remains low, at around 1,27 % of GDP, and well below the EU average (1,90 %). This gap is mainly due to a low level of industrial research, as business R&D intensity stands at 0,64 % of GDP compared to an EU-27 average of 1,23 %. Venture capital intensity also remains very low. A number of measures, including time-limited tax breaks for companies investing in research projects carried out by universities or public sector entities, are presented in the National Reform Programme. The target of 1,53 % of GDP set for R&D intensity stems from a projection of the average annual growth rate in the period 2006-2008 and takes into account the fiscal stability constraints of the country. It will be subject to review in 2014.

               (15)

               Italy is the third-largest beneficiary of EU cohesion policy funds, having received around 8 % of the total EU cohesion policy budget during the period 2007-2013. Halfway through the programming period, the share of EU funds actually mobilised is only 16,8 % and it is much lower in the southern Convergence regions.

               (16)

               Italy has made a number of commitments under the Euro Plus Pact. The National Reform Programme mentions some recently adopted measures and broadly outlines plans for future reform to address public finance sustainability and financial stability, foster competitiveness and increase employment, in line with the principles of the Euro Plus Pact. A new major commitment specifically undertaken to respond to the Pact is the government's intention to amend the Constitution in order to reinforce budgetary discipline. These elements have been assessed and taken into account in the recommendations.

               (17)

               The Commission has assessed the Stability Programme and National Reform Programme, including the Euro Plus Pact commitments for Italy. It has taken into account not only their relevance for sustainable fiscal and socio-economic policy in Italy, 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 Italy's consolidation plan for 2011-2014 is credible until 2012, whereas it should be underpinned by concrete measures for 2013-2014, so as to put the very high government debt on a steadily declining path. The National Reform Programme outlines a comprehensive set of initiatives across all dimensions of the Europe 2020 strategy, but further measures are considered necessary in order to address long-standing structural weaknesses exacerbated by the crisis. To enhance Italy's growth and job-creation potential, and promote the catching-up of southern regions, further steps should be taken in 2011-2012 to improve the functioning of the labour market, open up services and product markets to greater competition, improve the business environment, strengthen research and innovation policy and promote faster and better use of EU cohesion funds.

               (18)

               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 2 December 2009, the Council has examined the 2011 update of the Stability Programme of Italy and its opinion (3) 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 Italy,

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

               1.

               Implement the planned fiscal consolidation in 2011 and 2012 to ensure correction of the excessive deficit in line with the Council recommendations under the EDP, thus bringing the high public debt ratio on a downward path. Building on recently approved legislation, fully exploit any better-than-expected economic or budgetary developments for faster deficit and debt reduction and stand ready to prevent slippages in budgetary implementation. Back up the targets for 2013-2014 and the planned achievement of the medium-term objective by 2014 with concrete measures by October 2011 as provided for in the new multi-annual budgetary framework. Further strengthen the framework by introducing enforceable ceilings on expenditure and improving monitoring across all government subsectors.

               2.

               Reinforce measures to combat segmentation in the labour market, also by reviewing selected aspects of employment protection legislation including the dismissal rules and procedures and reviewing the currently fragmented unemployment benefit system taking into account the budgetary constraints. Step up efforts to fight undeclared work. In addition, take steps to promote greater participation of women in the labour market, by increasing the availability of care facilities throughout the country and providing financial incentives to second earners to take up work in a budgetary neutral way.

               3.

               Take further steps, based on the 2009 agreement reforming the collective bargaining framework and in consultation with the social partners in accordance with national practices, to ensure that wage growth better reflects productivity developments as well as local and firm conditions, including clauses that could allow firm level bargaining to proceed in this direction.

               4.

               Extend the process of opening up the services sector to further competition, including in the field of professional services. Adopt in 2011 the Annual Law on Competition, taking into account the recommendations presented by the Anti-trust Authority. Reduce the length of contract law enforcement procedures. Further strengthen actions to promote the access of SMEs to capital markets by removing regulatory obstacles and reducing costs.

               5.

               Improve the framework for private sector investment in research and innovation by extending current fiscal incentives, improving conditions for venture capital and supporting innovative procurement schemes.

               6.

               Take steps to accelerate in a cost-effective way growth-enhancing expenditure co-financed by cohesion policy funds in order to reduce the persistent disparities between regions, by improving administrative capacity and political governance. Respect the commitments made in the national Strategic Reference Framework in terms of the amount of resources and quality of expenditure.

      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)  Foreseen in Article 5(3) of Regulation (EC) No 1466/97.


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32003H0178

Council Recommendation of 7 March 2003 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 2001

Official Journal L 071 , 15/03/2003 P. 0014 - 0014

Council Recommendationof 7 March 2003concerning 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 2001(2003/178/EC)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community,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 2001 and the Court of Auditors' report relating to the financial year 2001 together with the Commission's replies(5),Whereas:(1) 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.(2) The overall implementation by the Commission of the operations of the European Development Fund (1984) (Sixth EDF) during the financial year 2001 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 2001.Done at Brussels, 7 March 2003.For the CouncilThe PresidentN. Christodoulakis(1) OJ L 175, 1.7.1986, p. 1.(2) OJ L 86, 31.3.1986, p. 210.(3) OJ L 178, 2.7.1986, p. 13.(4) OJ L 325, 20.11.1986, p. 42.(5) OJ C 295, 28.11.2002, p. 289.