title: RECOMMENDATION FOR A COUNCIL REGULATION concluding an Agreement between the European Economic Community and the People's Republic of Bangladesh in jute products (submitted to the Council by the Commission)

text:
ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (76) 619
Vol. 1976/0188
 ---pagebreak--- Disclaimer
Conformément au règlement (CEE, Euratom) n° 354/83 du Conseil du 1er février 1983
concernant l'ouverture au public des archives historiques de la Communauté économique
européenne et de la Communauté européenne de l'énergie atomique (JO L 43 du 15.2.1983,
p. 1), tel que modifié par le règlement (CE, Euratom) n° 1700/2003 du 22 septembre 2003
(JO L 243 du 27.9.2003, p. 1), ce dossier est ouvert au public. Le cas échéant, les documents
classifiés présents dans ce dossier ont été déclassifiés conformément à l'article 5 dudit
règlement.
In accordance with Council Regulation (EEC, Euratom) No 354/83 of 1 February 1983
concerning the opening to the public of the historical archives of the European Economic
Community and the European Atomic Energy Community (OJ L 43, 15.2.1983, p. 1), as
amended by Regulation (EC, Euratom) No 1700/2003 of 22 September 2003 (OJ L 243,
27.9.2003, p. 1), this file is open to the public. Where necessary, classified documents in this
file have been declassified in conformity with Article 5 of the aforementioned regulation.
In Übereinstimmung mit der Verordnung (EWG, Euratom) Nr. 354/83 des Rates vom 1.
Februar 1983 über die Freigabe der historischen Archive der Europäischen
Wirtschaftsgemeinschaft und der Europäischen Atomgemeinschaft (ABI. L 43 vom 15.2.1983,
S. 1), geändert durch die Verordnung (EG, Euratom) Nr. 1700/2003 vom 22. September 2003
(ABI. L 243 vom 27.9.2003, S. 1), ist diese Datei der Öffentlichkeit zugänglich. Soweit
erforderlich, wurden die Verschlusssachen in dieser Datei in Übereinstimmung mit Artikel 5
der genannten Verordnung freigegeben.
 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                            COM(76)619 final.
                                            Brussels , 25 November 1976.
                 RECOMMENDATION FOR A COUNCIL REGULATION    \
                                                              *
       concluding an Agreement between the European Economic
       Community and the People 's Republic of Bangladesh in
                                jute products
                              /
                         i
                                                         \.
                         i
                           /
               ( submitted, to the Council by the Commission )
                                                          /
                                       /
 COM(76) 619 final
 ---pagebreak---                                  EXPLANATORY MEMORANDUM
 1.        By a decision of 20 January 1976 the Council authorized the Commission
to open negotiations with Bangladesh for the conclusion of an Agreement on trade
in jute products .
2.         Pursuant to this decision and in consultation with the Article 113 Commit
tee , the Commission held negotiations with Bangladesh during the months of April ,
May and July 1976 .
3.         Following these negotiations a draft Agreement was drawn up , the main
provi s i ons of which are as follows CD '
           - Bangladesh will continue voluntarily to restrict its exports to the
              Community of certain jute fabrics to agreed levels ( categories 4,5 and 7)
           - the establishment of a consultation procedure in respect of jute fibres
              ( category 6), which are not subject to import restrictions , to enable
              such restrictions to be introduced under certain conditions ;
           - provisions to ensure flexibility in the quantitative limits fixed
              ( carryover , advance delivery and transfer );
           - continuation of a programme of progressive suspension of CCT duties
              which the Community is carrying out as part of its offer regarding
              generalized tariff preferences for the products in question ( the duty
              which is currently reduced by 50 % or 60 % will be reduced by 80 % on
              1 January 1977 and by fibres , however , duties will be suspended entirely
              on 1 January 1977 , and the total exemption already in force on the
              United Kingdom and Denmark will continue to be applied ;
           - assurances by India that it will provide on non - discriminatory terms
              the jute products necessary to apply the Community market and industry ,
            - definition of the terms of reference of the Joint Cooperation Committee
              with a view , j.nter_aj.ia , to examining the possi bi I i t i es and formul at ing
              suggestions regarding research and development cooperation in the pro
              ducti'on and use of the products in question .
 ( 1 ) An earlier Agreement concluded between the Community and Balgladesh
       ( cf „ OJ L 323 / 18 , 3 December 1974 ) on the same products expired on
       31   December   1975 .
 ---pagebreak---                                 - 2 -
     After establishing that the draft Agreement conformed with the outcome of
the negotiations , the Heads of Delegation initialled the text on 23 July 1976 .
A.   The Commission considers this draft Agreement in question an acceptable
result for the Community . It recommends that the Council conclude this Agree
ment by adopting the regulation of which a draft is annexed hereto .
                                   *
                           *              *
     An Exchange of Motes Verbales in which the two parties have agreed to the
de_facto application of the provisions of the Agreement pending the completion
of the procedures necessary to its formal entry into force is also annexed.'
 ---pagebreak---            concluding an Agreement between the •" U'-ooesn Economc             nn-i-
           nity and the? people' * Repub I i c of B«naUd<?eh on t ,- #d© i ,-. Jut *
                                      Product s
   THE COUNCIL OF THE EUROPEAN COMMUNITIES ,
   Having regard to the Treaty establishing the European Economic Community ,
   and in particular Article 113 thereof .
  Having regard to the Recommendat ion from the Commission,
  Whereas the Agreement on Trade in Jute Products negotiated between the
  European Economic Community and the People 's Republic of Bangladesh               : ild
  be concluded ,
  HAS ADOPTED THIS REGULATION :
                                 Article 1
  The' Agreement between the European Economic Community and the People 's Repu
 blic of Bangladesh in Jute Products , the text of which is annexed hereto, is
  hereby concluded on behalf of the European Economic Community .
                                Artjç_le 2
 The President of the Council shall notify the other Contracting Party of the
 completion by the Community of the procedures necessary for the entry into
 force of the Agreement .
                              _ Artj,çle 3
 This Regulation shall enter into force on the third day following its publi
 cation in the Official Journal of the European Communities .
Oone- at Brussels ,                                         For the Council ,
                                                            The President
 ---pagebreak---              AGREEMENT BETWEEN THE
        PEOPLE 'S REPUSIXC OF 8ANGLA0ESM
                    and the
          EUROPEAN ECONOMIC COMMUNITY
           ©N TRADE IN JUTE PRODUCTS
   vfU
y^/\n 4
 ---pagebreak---                               AGREE MENT
 between the European Economic Community and the Pcople e s Republic of
 Bangladesh on trade in jute products
 THE COUNCIL OF THE EUROPEAN COMMUNITIES,
of the one part , and
THE GOVERNMENT OF THE PEOPLE 'S REPUBLIC OF BANGLADESH
of the other part ,
NOTING the Joint Declaration of Intent on the* development of trade relations
with Ceylon ( now Sri Lanka ), India , Malaysia , Pakistan ( now Bangladesh and
Pakistan ) and Singapore , annexed to the Final Act of the Treaty of Accession of
the Kingdom of Denmark , Ireland, the Kingdom of Norway and the United Kingdom
of Great Britain and Northern Ireland to the European Economic Community and
the European Atomic Energy Community , of 22 January 1972,
HAVING REGARD to the Commercial Cooperation Agreement between the People 's
Republic of Bangladesh and the Community,
  CONSCIOUS of the provisions of the General Agreement on Tariffs end Trade
 CONSCIOUS of the particular importance of the production and export of
 jute and jute products for the economy of the People 's Republic of Bangla'
 desh ,
 D5SI30US of ensuring an increasing us® of jut® products and the orderly
 development of trade ia jut© products betuooa tho European Econoaic Commu
 nity , hereinafter referred to as "the Cocounity*, and the People 's Ropubl :
 of Bangladesh ,
 BELIEVING that it is necessary to encourage a&d feci litat o contacts and
 cooperation between their respective jute interests ,
 STRESSING the need of ps?oaotiag corporation is s-oosarch asd dovolop^oat
 iii the jut® sector ,
 HAVE DECIDED, ia a spirit of autoo! cooper&tios , to conclude this Aar^c^^
 ---pagebreak---                       Article 1
      This Agreement Shall apply to r.anuf acterued jut© products,
originating in and coining from Bangladesh, as defined in Annex A.
                                                              Ο
 ---pagebreak---                      Article 2
        Pending a solution unthin a multilateral context , the Community
shall for the duration of this Agreement and within the framework of its
offer of generalized tariff preferences , autonomously apply to manufactu
red jute products originating in and coming from Bangladesh , the duties
of the Common Customs Tariff suspended in accordance with the rates and
timetable set out in Annex B.
 ---pagebreak---                        Article 3'
1.       The Community shall not subject imports of the products defined
under Article 1 to new quantitative restrictions .
         As a first step in the direction of eliminating in stages
remaining quantitative restrictions , the Community shall suspend
the existing quantitative restrictions on the imports of the products
defined in Annex C provided that Bangladesh applies such measures as
are necessary to keep its exports within the limits set out in this
Annex . The Community agrees to take all appropriate steps in order
to facilitate and encourage the full utilisation of the agreed quotas .
2.       The Community shall not object to the limits allocated in Annex C
being exceeded in the event of additional demand developing on the market
of the Community , taking also into account the level of £be "imports into
the Community of raw jute , on the understanding that any additional Quan
tity shall be fixed by mutual agreement between the parties .
3.       Quantities set out in Annex C not taken yp by anyone Rember
State of the Community may be used by another Keir.ber , in accordance
with the procedures in force in the Community . The Community undertakes
to consider as favorably as conditions in the Community r.orket a I Lou
any request for re-allocation made by Ban^lsw^sh and to reply to this
request within four weeks of its receipt .
 ---pagebreak---  1.       Imports into th© Comiuuity of jute products covered by this Agreesc. •. .
viiich aro intended for imzaediatQ re–export from tho Coraniunity or for proccssi >>,
arid subsequent re-export cat a ido tho Cozsnra&Ity shall not "bo subject to the quar.ii
tive limits established by thio Agrecscari provided they aro ©stored as cuchundc ;
adminietrativo system of control in fore© for that purpose within the Comuni !.
2.        In any case , where Coco-unity authorities ascertain that the imports
referred to in paragraph 1 have "been retained for consumption within the
Cor^unity , the latter will notify the Government of Bangladesh - on a
quarterly basis of the amounts involved. In such cases Bangladesh shall
at the request of the Community , count  * such amounts against the quantitative
limit or limits in question for the current year or the following year .
3.        In any case where the competent authorities within the Co:smunity
ascertain under the administrative systea of control in fore© ^hat imports
of jute products covered "by this Agreement have besn counted . against the
ceilings established under this Agreement but have* subsequently been re-expo :
from the Community , the authorities concerned will inform the Bangladesh
authorities of the quantities involved and will authorize imports of the sam<-
quantities which shall not b© - counted against        eoilings fixed by tha
Agreement,
 ---pagebreak---                       Article S
         The Community shall not subject tr-, ports of jute yarn to Quan
titative restrictions . However , the Community may , when in its view
the conditions prevailing in the Community or im any of its markets
are such that a I imitation on further trsde may bo necessary , request
consultations witit Bangladesh , provided thath ths level of imports
into such region of the Community market has exceeded the indicative
level indicated in Annex £ , and provided further that the request
for such consultations is accompanied , within a reasonable period o 4?
time , by a statement of the market conditions in the Co.~rr.t;nity or in
the region of ths Community concerned . Until such time as a mutually
satisfactory solution has been reached , Bangladesh undertakes , if so
requested by the Community , to limit the issue of export licences lor
jute yarn to the Community, or to the region or regions of the
Community market concerned, st the level to bo indicated by the
Community .
                                                               - Cl
                                                                &
 ---pagebreak---                           Article 6
  1.        Within any one Agreement year, the unused portions of any one
  of the quantitative limits established under this agreement in respect
 of any region of the Community market may be transferred to another
 quantitative limit established for the same region of the Community
 market as follow :
 " from the cateoory 4 / 5 to the category    7   and vi ce-versa provided
     that the quantities involved do not excc-ed 20Z of the quantitative
     limit to which they are transferred;
 2.         Unused quantities, not exceeding 10% of one annual ceiling ,
 may be carried over and added to the same ceiling for the following
 year .
3.         Each annual ceiling may be exceeded, up to a limit of 10%
of its total , in anticipation of the same ceiling for the following
year . Quantities used in anticipation shall be deducted from the ssrae
ceiling of the subsequent year .
1».        The above flexibility provisions must not , in any single
given Agreement year, result in any ceiling baing exceeded by more
than 20%
5.         The provisions of the preceding paragraphs shall only be
applied by Bangladesh following written notification to th« Community
by the Bangladesh authorities .
 ---pagebreak---                             Article 7
1„       The agreed ceilings shall be administered using a system of
double checking the details of which are set out in Annex D , subject
to sych changes as may be mutually agreed ,
2.       Bangladesh undertakes to inform the Community ,, on a sia
monthly besis , of the total quantities covered by export authorisations
i ssued by ths 9sng lades'^ authorities for sll the } u ^g procucis r6<t- i
red to in article 3 and ? where appropriate ^ in article 5 .
3.       Similarly the Community wilt inforra the Bsnglaoesh autnof » tics
on 3 six monthly basi s , of ths? total        ©tf imports • f » <- o v»io
 Community of the products in question .
                                                                           &
 ---pagebreak---          The implementation of this Agreement shall not disrupt the
normal trade channels between Bangladesh and the Contmum'Sy .
         Should one of the Parties inform the other that special
difficulties have arisen in this connection,, the two Parties shsll
consult each other in order to determine the iv.ocsures necessary to
remedy the situation .
                                                                T)/
 ---pagebreak---                           Article 9
          Without prejudice to the policies of the Government
of Bangladesh concerning the regulation of vis exports according
to the production situation . and the external demand tor the above-
mentioned products , Bangladesh undertakes to take appropriate steps
to ensure that the needs of the Community fitarket end industries are
it et in a nondi scriainatory oanner .
                                                              "Ί
                                                                /
 ---pagebreak---                         Article 10
1.       A Joint Cooperation Committee shall be set up and entrusted
with the following tasks :
         - to arrange consultations promptly at the req est of either
           Party on any matter concerning their trade in jute products
           in a spirit of cooperation ;
         - to examine any problem which may arise as a result of the
     *■    implementation of this Agreement , including the perspectives ,
           in the light of the economic situation in the Community 's
           jute sector , for the elimination in stages of quantitative
           restrictions ;
         - to examine ways and means of increasing and diversifying
           the end-uses of jute products , including studies of the
           experience of other markets in this regard ;
         - to investigate possibilities , and formulate suggestions i or ,
           cooperation in regard to research into and development of ,
           the production and uses of jute products ;
         - to examine the feasibility of promoting the use of jute
           products by means of publicity and marketing activities ;
         - to develop contacts between , and facilitate joint projects
           and programmes mutually agreed upon by, representatives of
           the jute trade and industries of both Bangladesh and the
           Community .
2.       The Joint Cooperation Committee shall be composed of repre
sentatives of the . People 's Republic of Bangladesh and the Community .
3.       The Joint Cooperation Committee shall be convened at the
rarest of either Contracting Party , in any case at least once a year,
anal at a place mutually agreed upon .
 ---pagebreak---                          Article 11
        This Agreement shall enter into force on the first day
of the month following the date on which the Parties notify each
other that the procedures necessary for this purpose have been
completed , and shall apply from 1 January 1976 . It shall remain in
force until 31 December 1979 .
 ---pagebreak---                   Art jle  12
   The Annexes from an integral part of this Agreement .
                                                ; v
v\
 ---pagebreak---                        Arc TIC Le 13
       Tjiis Agreement hos been drawn up in two copies in the
Danish , Dutch , English , Freeh , German , Xtali&n and Bengali
languages each text being authentic .
 ---pagebreak---            iJei'im.ta.021 of categories oi jut© products cover«-i *u;>
 Category' 1 . •        Jute fabrics v;eighing noro than %0 g/ a2 and »> i" a
                        width of not more than 150 cm , and jute baga oi"
                        fabric weighing mora than 500 g/&2 .
 Category 2             Jute fabrics weighing not less than 3'0 s/m2 "but not Lior®
                        than 50O g/m2 , and of a width of not more than 150 era ,
                        andjute bags of fabric weighing not lasa than 310 g/n2
                       "but not more than 500 g/m2.
 Category 3            Jute fabrics weighing less than 310 g/m2 and of wia; *£
                       not more than 150 cm , and jute bags of fabric veighir^
                        less than 310 g/m2 .
 Category 4             Jute fabrics of a width of more than 150 ca lut not iaore ■?.* ;
                        230 eft , irrespective of thair weight per vtZ other than      ow
                        referred to in category 7 .
 Category 5             Jute fabrics of a width of more than 230 cm , irrespective of
                        their weight per- sc2 . Other than those referred to in catcgor
 C ate gory 6          Juta yara ,
 Category ^            Jute fabrics ( 1 ) bleached, dyed or printed, either wholly or
                        par ^ of a width ol more than_J50 cm, -i r respective of their
                        weight per m2 „-     '             *. c
( 1 ) « nh ro    patent selvedges at sny interval throughout: the wictfc c.r
          cloth .
                                                                             (    i
Π
\ ^
                                                                               Λ
 ---pagebreak---                                Tarife" 3"û;rpe^3 xotj- î cop.xroâ cy £jrx iclo 2
OCT heading                                                          Kat© of reaction to be r/rolleø
                                Description of goods
  No .                                                                            . 1.1977 1 « 7 . 1978
  57.06     Tarn of 'jut© or of other textile "bast                              2CCS
              fibres of heading Ho 57.03
  57 . 10   woven fabrics of jute or of other textile
              bast fibres of heading No 57*03
              A. Of a width of not more than 150 cm
                 and weighing per a2
                 I. -   Less than 310 g                                             '80%     1GC%
                 II .   Not less than 310 g but not store
                        ■than 500 g                                                  80%      100%
                 III. More than 500 g                                                80%       100%
              E. Of a width of more than 150 cm                                      80%       100%
  62.03     Sacks and bags of a kind used for "the packing
              of goods
              A. Of jute or of other textile bast fibres
                 of heading No 57*03
                 II .   Other
                         (a) Of fabrics weighing less than
                                                                                80%
                              310 g/m2                                                         10
                         (b) Of fabrio weighing not less
                              than 310 g/m.2 but not more than
                              500 g/si2
                         (c ) Of fabric weighing nor© than
                              500 g/n2'
              Tho Cocaunity hereby undertakes to continue to suspend customs duties on a
               imports of packaging materials , in accordance with the provisio3^s--cr^the
              Customs Convention' on temporary iaports of packing items.                                /
                                                                                • β ·/· · ·
 ---pagebreak---     Produ - v- ? for which Bangladesh will exercise r^p^raint towards .
    Community from the entry into ' rce of this Agreement ,
    The Community hereby notifies Bangladesh that the quantitative
    limits for the jute products listed below will be allocated better. t he-
    Member States as follows :
    Category       4/ 5              Quantitative liroits         ( Metri c ton .;)
  i   Member
                         1976            1977             1978              1979
  ! _§ tate
        BNL               1.342           1.409           1.479
                                                 +■
        OK               1.292           1.298             1.304
                                                 T"
                           620              706              800             903
        FRG             1.104            1.267            1.448            1.649
       IRL                 300              350              400             450
                           222             245               266             283
       ksi                 840             960   |
                                                 î
                                                          1.092
f
                                                 i
I wo«j««<c««gi
1
ί
                                                 l
                                                 «
                        5.720            6,235   !        6.789
                                                                                -, /
                                                                           \ '1
                                                                            'X
                                                                        c
/
 ---pagebreak---                                                                                ρ. ~
  Produces "fer which eancUstesr- *>* U exeff.us rait rsint- s -rut 3 rev.; the
  Community from t.'f entry 'into force o1f £iv«s A^reeaent .
  The Community hereby notifies Bangladesh th-st the quantitative
  limits for tf<© jute products lifted fceiou feill ba ©i located between the
  Member States ®s fclWuss
  Cateoory 7                                                              Quantitative Uc.Hs                                      CKetHc tons )
       Ke-ber ,                             1976                   J            1 1977         '|    1973                       |             1979   \
       • t ate                   i        _                                                     1                               .<                   i
  – «τ =*■ «ρ ~                                               "Τ             '                   ζ                              !                    ί
           SNL                   I             333                 i                     335     \    337                       |              33 ?
                                 I                                 S                             »                              f
                                 î                                 6                             %                              G
                                 »                                 I                             S                              8
           DK                    î
                                 »
                                                327                !
                                                                   «
                                                                                329     \
                                                                                est
                                                                                331                       l              333   |
                                 8                                 I                             5                              8                    I
                                 9II9I
  *"■"                                                ιπι·Βΐηι:β»-*β®«»«ι»Ί»««ΐ'<οη·'Π' ι»
            F                    S
                                 «
                                                150                î
                                                                   I
                                                                                169    î
                                                                                8
                                                                                191                      »,
                                                                                9
                                                                                2U   ]
                                                                                î
                                  i                                I                             t                               I                   9
                                  •                                 •                           j                             «|                     |
            FRG                   !
                                  II
                                                264                 !                     299    |9
                                                                                339                      }
                                                                                3
                                                                                383   \
                                  19                                                              9                               9
                                  I                                 j                                                             6
            IR.                  !
                                 »911
                                                  60                I                       7b    i         80                    |              90
                                  lie;
                                 I                                  ?                             ί                               8
                                T                                   a                             i                               I
                                 '                c-ì               9                       A/    8         71                    8              73
             I                   s                52                i                       64    8          f 1                  fi               u
                                 s                                  8                             §                               e
                                 8                                  i                             5                               »
                                 1                                  #                             «                               •
             |<                   !              200                I                      226    |      256                      {             238
                                  e                                 s                              i
                                  ι                                  ι                             >
           5 « qa «f «í <6¿«í sspvíí 53^3a3©^'£2^^^<52^*ft?'W                                     -
                                  9                                 <                                                             s
             EEC
                                  i
                                  I          1 „ 3B6
                                                                     S
                                                                     s                1.492          1.60S
                                                                                , 605                       |
                                                                                $
                                                                                1.725
                                  1                                 ?
                                  î                                 e                                                              i
                                  i                                 ?                                                              i
                                   s                                 î        _                                      (> ^ _        t!
                                                                                '>us»t 1 I" fcr  «>• &•* «««.• »
. /
 ---pagebreak---                       Far ? -7 c 'j t 2: f<ri uva «-••• ívv.v   ..' Y • «•••»■ v
                               dcubte control as pro;i4vcl !:>• .Vticte 7
  1.         In the Community , the competent authorities shall accept ,                    « • : out
  delay , the import of products listed in Annex C of this Agreement upon pre- :: u ct
  of the importer 's request together with the original copy of the export:
  2.        The competent authorities in Bangladesh shall, deliver export q -.- rants fo
  all the products listed in Annex C of this Agreement within the L-utts o : snc
  ceilings set out in that Annex .
  3 . The export permit shall mention :
            a ) the destination ( relevant member State ),
            b ) the sériai number .
            c ) the name         and address of the importer ,.
            d ) the name ,       and address of the exporter ,
            e ) the net weight ( in kilogrammes or metric tons ) and the value ,
             f ) the category and the classification of the products ,
            g ) the certification delivered by the authorities and string the
                 ceiling under which the products fall .
  4.         In the Community the competent authorities shall accept , within reader.
  limits , differences between the weight as stated in the import permit and the
  cargo weight or the imported weight . In Bangladesh the competent, authorities
  shall , however , endeavour to reduce to a minimum such possible discrepincie ;
  5.         In Bangladesh the competent authorities shall notify any withdrawa l ,
  or part withdrawal , of an export permit to the competent authorities in the
  Community . The latter shall , within the context of the administrative regula
  tions governing such matters , take appropriate steps .
  6.         The competent authorities in Bangladesh shall forward to the competent
  authorities in the Community , through the Embassies of the
  Member States and directly to the Commission , every six months a survey of
  the de l i vtry of export permits . Such surveys           s hall state , foe every cate-
  qory c ? product , the net weight in metric ton ? of the author 1? cod                              t 1 '.
  aosiq'wrts vo the various ceilings and the Member States ov the com^-i ty „
  to i«i'cn :        Qocds have been consigned .
  <1> m                      any import licence r,:zy be required by nado^-V. p.-c : V - J .             ».
         s«t (. f»cfc«ices shall oe issuec .automatical I /,                    a lit- itec r.uT.o r o 1 ;
         days .
                                                                                y
\     ./
  /
 ---pagebreak---                                                            Α,^ΝΕΧ ε
    Indicative levels ?o r tne imports 1 UZ'i. .22. •n with pçrcrer.co
    to art i c   £f^h£^AgreeiijOjjt
                                                        Met ne îors
                 Beoeiux                                      3.950
                  United Kingdom                              2.600
                                                                     /
                                                                    /
V.  /
yf /
/
 ---pagebreak---       The Contracting P*rti*s acm * to makj a                              r.:f-r *
to fulfill the tasks sat out in Article 10 of tho A^raec- e-.n* . ;£o
this end they »/il 1 «ru 3 savour to fsei / *. ■!;«.■. a.z.v,r«uX r^v- via-- '. ,
dincisGoior»o between the industrial , ccmaoreicil and reacnrch < tc - ei".
on Wtft sides , er;H they undertake to «sira»2.ii© t'ie
viding G'upport f    «. ay procurar.                         ivi • >v<a*.'}A'+^ *■.•*. ««. .<
of such dissisoniots no l.fJknZ.j to 'i -                    buL ^ ' ■ ■' »■<* . >' ' ■ ■■> '■ >■ ■ '- v
 ---pagebreak---   -* r\ j r ft i • » i..                       •       •> :i K *: .; r .,
  «/ v * ■ <      v                          j> i' <, V' "
                         C»!' ?; ' « -.t    •*■*<* *
                  rie -,             n « f * *?'
                                0 Z
9
                                                                              NOTE VERBALE
                9 '           <"» :"
               *3 i *J Ô
                                                     The Directorate Ganeral for External Relations presents "? rs
                                compliments to the Mission of the People 's Republic of Ba-.ir; laoexfi
                                to the                    European        Communities   arid has the honour to refer to iihf'
                               Agreement on trade in jute products negotiated between E^ngUdcs * ■■■" 'i
                                t ne Community and initialled today .
                                                      The Directorate General for External Relations wishes vc > ' " "m
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Avis juridique important

|

52004SC0827

Recommendation for a Council Decision on the existence of an excessive deficit in Poland  /* SEC/2004/0827 final */

Recommendation for a COUNCIL DECISION on the existence of an excessive deficit in Poland(presented by the Commission)EXPLANATORY MEMORANDUMOn 7 April 2004, the Commission published its Spring 2004 forecasts [1]. According to these forecasts, which took into consideration data reported by Poland in March 2004, the general government deficit in Poland increased from 3.6% of GDP in 2002 [2] to 4.1% of GDP in 2003, thus exceeding the 3% of GDP Treaty reference value.[1]  The Commission Spring 2004 forecast is available at the following website: http://europa.eu.int/comm/economy_finance/publications/european_economy/2004/ee204en.pdf.[2]  According to the convergence programme, submitted by the Polish authorities on 17 May, the deficit for 2002 was revised to 4.0% of GDP.Based on this prima facie evidence, the Commission initiated the excessive deficit procedure for Poland on 12 May 2004, with the adoption of the report foreseen in Article 104(3) of the Treaty [3]. On 17 May 2004, the Commission received the convergence programme of Poland, which confirmed a deficit figure of 4.1% of GDP for 2003.[3]  The full text of this report is available at the following website: http://europa.eu.int/comm/economy_finance/about/activities/sgp/procedures_en.htm.The application of the excessive deficit procedure (EDP) is governed by Article 104 of the Treaty and by Council Regulation (EC) No 1467/97 "on speeding up and clarifying the implementation of the excessive deficit procedure", which is part of the Stability and Growth Pact [4]. Countries that joined the EU on 1 May 2004 are Member States with a derogation and are to avoid excessive deficits, but sanctions according to Article 104 (9) and (11) cannot be imposed on them.[4]  OJ L 209, 2.8.1997.The Commission report according to Article 104(3) of the Treaty concluded that the excess of the Polish deficit in 2003 over the 3% of GDP Treaty reference value did not result from an unusual event outside the control of the Polish authorities, nor was it the result of a severe economic downturn in the sense of the Stability and Growth Pact, as real GDP growth reached 3.7% in 2003. Concerning developments in 2004, the report concluded that the general government deficit is likely to increase and remain above 3% of GDP. In particular, the Commission Spring 2004 forecasts are for a general government deficit of 6.0% of GDP in 2004, which is above the 5.7% of GDP projected by the Polish authorities in the convergence programme.Based on the Commission Spring 2004 forecasts, the Commission report also concluded that the debt-to-GDP ratio, which had reached 45.4% of GDP in 2003, will continue to remain below the 60% reference value of the Treaty in 2004. In particular, the Commission Spring 2004 forecasts project the debt ratio to reach 49.1% of GDP in 2004, which corresponds to the 49% of GDP projected by the Polish authorities in the convergence programme. The deficit and the debt figures will have to be adjusted upward if the open pension funds are excluded from the general government sector following the EUROSTAT decision on the classification of the funded pension schemes.Article 104(4) of the Treaty states that "the Committee provided for in Article 114 (i.e. the Economic and Financial Committee) has to formulate an opinion on the report of the Commission". The Committee issued its opinion on 24 May 2004, subscribing to the assessment made by the Commission in its report. In particular, the Committee concluded that the budgetary situation in Poland indicated the existence of an excessive deficit under the first of the two criteria foreseen by Article 104(2) for the identification of such deficits. Consideration of other relevant factors, in particular the medium-term budgetary position and the public investment ratio, did not change the assessment based on the criteria themselves. The Committee also considered as likely that the general government deficit would continue to exceed the Treaty reference value in 2004, and that general government gross debt would remain below the Treaty reference value of 60% of GDP in 2004.The Commission, having examined the relevant factors taken into account in its report and having regard to the opinion of the Committee, is of the opinion that an excessive deficit exists in Poland. This opinion, adopted by the Commission on 24 June 2004, has been addressed to the Council, according to Article 104(5) of the Treaty. The Commission recommends that the Council shall decide accordingly, in conformity with Article 104(6) and herewith addresses a recommendation for a decision to that effect. In addition, the Commission is submitting to the Council a recommendation for a Council recommendation to be addressed to Poland with a view to bringing the situation of an excessive deficit to an end, according to Article 104(7) of the Treaty.Recommendation for a COUNCIL DECISION on the existence of an excessive deficit in PolandTHE COUNCIL OF THE EUROPEAN UNIONHaving regard to the Treaty establishing the European Community, and in particular Article 104(6) thereof,Having regard to the recommendation from the Commission,Having regard to the observations made by Poland,Whereas:(1) According to Article 104 of the Treaty Member States are to avoid excessive government deficits; this applies also to Member States with a derogation, the case of all countries that joined the EU on 1 May 2004;(2) The Stability and Growth Pact is based on the objective of sound government finances as a means of strengthening the conditions for price stability and for strong sustainable growth conducive to employment creation;(3) The excessive deficit procedure under Article 104 provides for a decision on the existence of an excessive deficit and the Protocol on the excessive deficit procedure annexed to the Treaty sets out further provisions relating to the implementation of the excessive deficit procedure. Council Regulation (EC) No 3605/93 [5], amended by Council Regulation (EC) No 475/2000 [6] and by Commission Regulation (EC) No 351/2002 [7], lays down detailed rules and definitions for the application of the provision of the said Protocol;[5]  OJ L 332, 31.12.1993, p. 7.[6]  OJ L 58, 3.3.2000, p. 1.[7]  OJ L 55, 26.2.2002, p. 23.(4) Article 104(5) of the Treaty requires the Commission to address an opinion to the Council if the Commission considers that an excessive deficit in a Member State exists or may occur. Having examined all relevant factors taken into account in its report in accordance with Article 104(3) and having regard to the opinion of the Economic and Financial Committee in accordance with Article 104(4), the Commission concluded in its opinion of 24 June 2004 that there exists an excessive deficit in Poland;(5) Article 104(6) of the Treaty lays down that the Council should consider any observations which the Member State concerned may wish to make before deciding, after an overall assessment, whether an excessive deficit exists;(6) The overall assessment leads to the following conclusions. The general government deficit reached 4.1% of GDP in 2003 in Poland, above the 3% of GDP Treaty reference value. The excess of the general government deficit over the reference value did not result from an unusual event outside the control of the Polish authorities, nor was it the result of a severe economic downturn, in the sense of the Stability and Growth Pact. The general government deficit is likely to remain above 3% of GDP in 2004. In particular, according to the Commission Spring 2004 forecasts, the deficit is projected to reach 6.0% of GDP in 2004, while the convergence programme of Poland expects a deficit of 5.7% of GDP. The debt ratio, which was 45.4% in 2003, is likely to remain below the 60% of GDP Treaty reference value in 2004. The deficit and the debt figures will have to be adjusted upward if the open pension funds are excluded from the general government sector following the EUROSTAT decision on the classification of the funded pension schemes.HAS ADOPTED THIS DECISON:Article 1From an overall assessment it follows that an excessive deficit exists in Poland.Article 2This decision is addressed to the Republic of Poland.Done at Brussels, [5 July] 2004.For the CouncilThe President[...]


title: Council Recommendation of 12 June 2007 concerning sharing of information on terrorist kidnappings

text:
               17.8.2007

               EN

               Official Journal of the European Union

               L 214/9

      COUNCIL RECOMMENDATION

   of 12 June 2007
   concerning sharing of information on terrorist kidnappings
   (2007/562/EC)
   THE COUNCIL OF THE EUROPEAN UNION,
   Whereas:

               (1)

               Kidnappings by groups/individuals that can be placed within the spectrum of international terrorism pose a huge challenge to Member States.

               (2)

               To successfully resolve such situations, Member States must gather background information, establish contacts and initiate discussions in a confidential setting.

               (3)

               The capacities of the Member State concerned would be significantly strengthened if it were able to resort to experience which other Member States have gained in comparable situations.

               (4)

               To this end, each Member State should submit a data sheet containing key information on past kidnappings to the other Member States giving only unclassified information after the incident has been resolved and restricted to incidents related to international terrorism,

         HEREBY RECOMMENDS,

               1.

               Member States:

                           (a)

                           to submit, after a kidnapping incident has been resolved, the following data (1):

                                       —

                                       country and region in which the kidnapping took place,

                                       —

                                       number and nationality of the hostage(s),

                                       —

                                       time and date of the kidnapping,

                                       —

                                       time and date of the end of the incident,

                                       —

                                       perpetrators/responsible terrorist group,

                                       —

                                          modus operandi of the kidnapping,

                                       —

                                       motivation for the kidnapping,

                                       —

                                       involvement of a mediator yes/no,

                                       —

                                       contact person in the Member State concerned.

                                 This information should be submitted in accordance with the format set out in Annex 1.

                           (b)

                           to also submit the following additional information if appropriate:

                                       —

                                       hostages’ reason for being in the country, language skills, gender of the hostage,

                                       —

                                       ideology, nationality, language skills of the perpetrators,

                                       —

                                       means used by the perpetrators to address the public,

                                       —

                                       details on the perpetrators’ modus operandi.

                                 This optional information should be submitted in accordance with the format set out in Annex 2.

               2.

               If personal data are to be included, such data are to be submitted in accordance with national law.

               3.

               Member States to compile information on all incidents which have occurred since 1 January 2002 and submit this summary to the other Member States.

               4.

               Member States to share information on the basis of the abovementioned principles through the BdL network for EU-wide information sharing on terrorist incidents.

               5.

               Member States to share, as far as possible, the information also with Europol and on the basis of the amount and type of shared data, after one year, to examine whether it would be advisable to set up a database at Europol.

               6.

               Member States to draw up a list of contact details and exchange this list in order to facilitate direct communication between contact points.

      (1)  In case of a kidnapping this information could help to quickly identify whether another Member State already has experience with kidnappings of EU citizens in the same region, by the same terrorist group or under comparable circumstances. The Member State concerned can then contact the specified contact person. Further information and experience should be shared bilaterally in accordance with national law.

      ANNEX 1
      Notification of terrorist kidnap
      (or suspected terrorist kidnap)

         Please complete all fields in this box

      ANNEX 2
      Completion of the following information is optional in accordance with national law


title: Council Recommendation of 9 July 2013 on the implementation of the broad guidelines for the economic policies of the Member States whose currency is the euro

text:
               30.7.2013

               EN

               Official Journal of the European Union

               C 217/97

      COUNCIL RECOMMENDATION

   of 9 July 2013
   on the implementation of the broad guidelines for the economic policies of the Member States whose currency is the euro
   2013/C 217/24
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 136 in conjunction with Article 121(2) thereof,
   Having regard to Council Regulation (EC) No 1466/97 of 7 July 1997 on the strengthening of the surveillance of budgetary positions and the surveillance and coordination of economic policies (1), and in particular Article 5(2) thereof,
   Having regard to Regulation (EU) No 1176/2011 of the European Parliament and of the Council of 16 November 2011 on the prevention and correction of macroeconomic imbalances (2), and in particular Article 6(1) thereof,
   Having regard to the recommendation of the European Commission,
   Having regard to the conclusions of the European Council,
   Having regard to the opinion of the Economic and Financial Committee,
   Having regard to the opinion of the Economic Policy Committee,
   Whereas:

               (1)

               The Eurogroup has a special responsibility in the economic governance of the euro area. The economic and financial crisis clearly exposed the close interrelations in the euro area, underscoring the need for a coherent aggregate policy stance which reflects the strong spillovers between Member States whose currency is the euro (‘euro area Member States’), for effective arrangements for policy coordination to swiftly respond to changes in the economic environment.

               (2)

               The euro area Member States have committed themselves to a set of far-reaching additional policy reforms and policy coordination by signing, on 2 March 2012, the Treaty on Stability, Coordination and Governance in the Economic and Monetary Union. The entry into force of the so-called two pack Regulations (3) (‘two pack’) in 2013 will further deepen budgetary and economic policy coordination within the euro area.

               (3)

               Work is ongoing to deepen further the economic and monetary union (‘EMU’). On 28 November 2012, the Commission presented a communication on a blueprint for a deep and genuine economic and monetary union. The blueprint identifies a rationale and objectives of a genuine EMU as well as instruments and steps that would make it possible to reach them. The blueprint intended to launch the European debate. On 12 September 2012, the Commission presented a roadmap towards a Banking Union. This proposal was accompanied by a proposal for two regulations needed to establish the single supervisory mechanism. On 5 December 2012, the President of the European Council issued a report which was developed in close collaboration with the President of the Commission, the President of the Eurogroup and the President of the ECB, and which contained a specific and time-bound road map for the achievement of a genuine EMU. It was structured around the areas of an integrated financial, budgetary and economic policy framework and democratic legitimacy and accountability.
               On 14 December 2012, the Member States’ Heads of State or Government decided on work to be taken forward on a roadmap for the completion of EMU, recognising the interdependence between the economies of the euro area Member States and the benefits that stability in the euro area can bring to its members and to the Union as a whole.

               (4)

               The European Parliament has been duly involved in the European Semester and, in its resolution of 20 November 2012‘Towards a genuine Economic and Monetary Union’, expressed its views on the deepening of the EMU.

               (5)

               Crisis management in the euro area has been characterised by strong resolve. The commitment of all Member States and EU institutions to safeguarding the integrity of the euro area has been clearly put beyond question. However, the effectiveness of euro area governance as well as the conduct of crisis management by the Eurogroup need to be further improved to fully ensure effective coordination at the euro area level. Strengthened coordination is also needed to reach a coherent aggregate policy stance in the euro area and to ensure that the necessary policy measures are implemented. Achieving these goals will bolster the confidence of citizens and markets, and thereby contribute to economic recovery and financial stability in the euro area.

               (6)

               The implementation of the two pack will further strengthen budgetary surveillance in the euro area. The two pack assigns a role to the Eurogroup in discussing the draft budgets of individual Member States as well as the budgetary prospects for the euro area as a whole, with a view to ensuring an appropriate overall fiscal stance. These discussions take place on the basis of the Commission’s opinions on the draft budgetary plans of the euro area Member States and of the overall euro area assessment by the Commission on the draft budgetary plans and their interaction. For fiscal consolidation across the euro area, the challenge is to put the debt-to-GDP ratio on a steadily declining path over time. This can be done by pursuing differentiated, growth-friendly fiscal consolidation policies while boosting the growth potential of the euro area.
               The corrective arm of the Stability and Growth Pact foresees budgetary adjustment as defined in structural terms towards the nominal reference value taking into account cross-country differences in risks to sustainability, both in the short and medium terms, and allows the automatic stabilisers to function along the adjustment path. The preventive arm of the Stability and Growth Pact foresees a gradual adjustment towards the medium-term objectives with the annual structural improvement of 0,5 % as a benchmark. This can be modulated on a country-specific basis taking into account cyclical conditions and debt sustainability risk. The credibility of fiscal policy over the medium-term would be reinforced if the composition of government expenditure and revenues were to better reflect the growth impact of the different spending items and revenue sources. Furthermore, the growth potential of the economy could be enhanced by further structural reforms and by exploiting the possibilities offered by the EU’s existing fiscal framework to balance productive public investment needs with fiscal discipline objectives in the preventive arm of the Stability and Growth Pact.

               (7)

               Most risk indicators related to EU financial markets and market sentiment have improved compared to 2012 as the intensity of self-fulfilling and destructive confidence spirals has dissipated. However, significant market fragmentation remains. Improved funding conditions for banks are yet to feed through to a pick-up of credit for the real economy and significant differences persist across Member States as regards bank lending activity and cost of funding to the private sector. Facilitating an orderly deleveraging of both the banking sector and the non-financial private sector while sustaining the flow of new credit for productive uses in the real economy and particularly small and medium-sized enterprises (SMEs), are the key challenge at the current conjuncture.

               (8)

               Further repairing banks’ balance sheets and continuing the strengthening of equity buffers, where needed, would contribute to repairing the credit channel. In this context, asset quality reviews and stress tests by the Single Supervisory Mechanism (SSM) and the European Banking Authority (EBA) will provide transparency of banks’ balance sheets, help identify any remaining pockets of vulnerability, and, thus, reinforce confidence in the sector as a whole. The risk of further financial-market fragmentation and financial turmoil illustrates the importance for the euro area of rapidly moving ahead with the creation of the Banking Union while avoiding ad hoc approaches to bank resolution.

               (9)

               Structural reforms are needed across the euro area to improve the functioning of product and labour markets in order to promote competitiveness, to strengthen the ongoing adjustment process and to guarantee a sustainable reallocation of resources. Moreover, structural reforms play an essential role in facilitating the rebalancing and deleveraging process. For deficit Member States, competitiveness gains will increase net exports, which help in rebalancing the growth pattern towards more productive, less labour-intensive tradable sectors, while supporting economic recovery and bringing down debt ratios. At the same time, reforms to improve competition in Member States with a current account surplus could contribute to the reallocation of resources and help boosting investment in non-tradable sectors. This would strengthen the role of domestic demand in the composition of growth making the adjustment in the euro area more symmetric. At the same time, the crisis had largely asymmetric effects on euro-area Member States’ employment, with Member States most hit being those with the most severe compression of domestic demand linked to current account reversals. In the absence of an effective and quick absorption of cyclical unemployment, hysteresis effects, whereby unemployment becomes entrenched and less sensitive to wage dynamics, may materialise. Structural reforms in the labour market therefore remain of particular importance to mitigate risks for social cohesion and future growth potential in the euro area. By signing the Treaty on Stability, Coordination and Governance in the Economic and Monetary Union, on 2 March 2012, the euro area Member States committed themselves to discussing ex ante, and where appropriate coordinate, their national plans for major economic reforms with a view to benchmarking best practices and working towards a more closely coordinated economic policy. The impact of the measures already adopted should be monitored by the Eurogroup, with a view of encouraging further action where necessary, and to step up the ambition of reforms in line with the country-specific recommendations,

         HEREBY RECOMMENDS that euro area Member States take action, individually and collectively, without prejudice to the competences of the Council as regards the coordination of economic policies of the Member States, but in particular in the context of economic policy coordination in the framework of the Eurogroup, within the period 2013-2014, to:

               1.

               Take responsibility for the aggregate policy stance in the euro area in order to ensure the good functioning of the euro area to increase growth and employment, and to take forward the work on deepening economic and monetary union. Allow the Eurogroup to play a central role in the strengthened surveillance framework applicable to euro area Member States to coordinate and monitor reforms at national level and at the euro area level that are necessary for a stable and robust euro area and to ensure policy coherence, and in the preparation of the Euro Summits.

               2.

               Ensure that the Eurogroup monitors and coordinates fiscal policies of the euro area Member States and the aggregate fiscal stance for the euro area as a whole to ensure a growth friendly and differentiated fiscal policy. To this end, the Eurogroup should discuss the Commission opinions of the draft budgetary plans of each of the euro area Member States, and the budgetary situation and prospects for the euro area as a whole on the basis of the overall assessment by the Commission of the draft budgetary plans and their interaction. The coordination should contribute to ensuring that the pace of fiscal consolidation is differentiated according to the fiscal and economic situation of the euro area Member States with the budgetary adjustment defined in structural terms in line with the Stability and Growth Pact, allowing the automatic stabilisers to function along the adjustment path and that, in view of reinforcing the credibility of fiscal policy over the medium term, fiscal consolidation is supported by an overall efficient and growth-friendly mix of expenditure and revenue and by appropriate structural reforms which enhance the economic growth potential.

               3.

               Assess, in the framework of the Eurogroup, the reasons behind the differences in lending rates especially to SMEs across the euro area Member States; explore the consequences of the fragmentation of the financial markets in the euro area, and contribute to ways to overcome it.

               4.

               Building on the recapitalisation and the restructuring of the past years, promote further balance-sheet repair among banks as a means to reverse fragmentation in the single market and improve the flow of credit to the real economy, particularly SMEs. To this end: (a) ensure that the balance sheet assessments and stress tests to be conducted by the Single Supervisory Mechanism (SSM) in cooperation with the European Banking Authority (EBA) are concluded in accordance with the agreed timeline; (b) ensure a level playing field in applying burden-sharing requirements in the recapitalisation of banks; (c) ensure the availability of credible fiscal backstops in the context of balance sheet assessments and stress tests; (d) remove supervisory incentives for banks to match asset and liabilities within national borders; and (e) accelerate the necessary steps to establish the Banking Union, as outlined by the European Council.

               5.

               Coordinate ex ante the major economic reform plans of the euro area Member States. Monitor the implementation of structural reforms, in particular in the labour and product markets and assess their impact on the euro area, taking into account the Council recommendations to individual euro area Member States. Promote further adjustment in the euro area, ensuring a correction of external and internal imbalances, inter alia by following thoroughly the reforms that address distortions to saving and investment behaviour in Member States with both current account deficits and surpluses. Take the necessary steps for an effective implementation of the Macroeconomic Imbalances Procedure, in particular by assessing progress in reform commitments in Member States experiencing excessive imbalances and in reform implementation in Member States with imbalances requiring decisive action to limit negative spillovers to the rest of the euro area.

               6.

               In line with the AGS 2013 and by taking collective and significant measures, tackle the social consequences of the crisis and the rising unemployment levels. The situation of unemployed young people is particularly worrying and bold action is recommended along the lines of the Compact for Growth and jobs and the EU Youth Guarantee. Further reforms to facilitate access to employment, prevent early withdrawals from the labour market, reduce the cost of labour, combat labour market segmentation and support innovation are recommended.

      Done at Brussels, 9 July 2013.

            For the Council

            The President

         R. ŠADŽIUS

      (1)  OJ L 209, 2.8.1997, p. 1.

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

      (3)  Regulation (EU) No 472/2013 of the European Parliament and of the Council of 21 May 2013 on the strengthening of economic and budgetary surveillance of Member States in the euro area experiencing or threatened with serious difficulties with respect to their financial stability (OJ L 140, 27.5.2013, p. 1); Regulation (EU) No 473/2013 of the European Parliament and of the Council of 21 May 2013 on common provisions for monitoring and assessing draft budgetary plans and ensuring the correction of excessive deficit of the Member States in the euro area (OJ L 140, 27.5.2013, p. 11).


Avis juridique important

|

31984H0635

84/635/EEC: Council recommendation of 13 December 1984 on the promotion of positive action for women

Official Journal L 331 , 19/12/1984 P. 0034 - 0035 Spanish special edition: Chapter 05 Volume 4 P. 0124  Portuguese special edition Chapter 05 Volume 4 P. 0124

*****COUNCIL  RECOMMENDATION  of 13 December 1984  on the promotion of positive action for women  (84/635/EEC)  THE COUNCIL OF THE EUROPEAN  COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Article 235 thereof,  Having regard to the draft recommendation submitted by the Commission (1),  Having regard to the opinion of the European Parliament (2),  Having regard to the opinion of the Economic and Social Committee (3),  Whereas various action has been undertaken at Community level to promote equal opportunities for women; whereas, in particular the Council adopted, on the basis of Articles 100 and 235 of the Treaty, Directive 75/117/EEC (4), 76/207/EEC (5) and 79/7/EEC (6) concerning equal treatment for men and women; whereas other legal instruments are being prepared;  Whereas Article 2 (4) of Council Directive 76/207/EEC provides that it shall be without prejudice to measures to promote equal opportunities for men and women, in particular by removing existing inequalities which affect women's opportunities in the areas referred to in Article 1 (1) thereof;  Whereas existing legal provisions on equal treatment, which are designed to afford rights to individuals, are inadequate for the elimination of all existing inequalities unless parallel action is taken by governments, both sides of industry and other bodies concerned, to counteract the prejudicial effects on women in employment which arise from social attitudes, behaviour and structures;  Whereas, by its resolution of 12 July 1982 on the promotion of equal opportunities for women (7), the Council approved the general objectives of the new Community action programme on the promotion of equal opportunities for women (1982 to 1985), namely the stepping up of action to ensure observance of the principle of equal treatment and the promotion of equal opportunities in practice by positive action (Part B of the programme), and expressed the will to implement appropriate measures to achieve these objectives;  Whereas, in a period of economic crisis, action taken should be not only continued but also intensified at national level and Community level with a view to promoting the achievement of equal opportunities in practice through the implementation of positive actions, more especially in the fields of equal pay and equal treatment as regards access to employment, vocational training and promotion and working conditions;  Whereas the European Parliament has underlined the importance of positive action,  HEREBY RECOMMENDS MEMBER STATES:  1. To adopt a positive action policy designed to eliminate existing inequalities affecting women in working life and to promote a better balance between the sexes in employment, comprising appropriate general and specific measures, within the framework of national policies and practices, while fully respecting the spheres of competence of the two sides of industry, in order:  (a) to eliminate or counteract the prejudicial effects on women in employment or seeking employment which arise from existing attitudes, behaviour and structures based on the idea of a traditional division of roles in society between men and women;  (b) to encourage the participation of women in various occupations in those sectors of working life where they are at present under-represented, particularly in the sectors of the future, and at higher levels of responsibility in order to achieve better use of all human resources.  2. To establish a framework containing appropriate provisions designed to promote and facilitate the introduction and extension of such measures.  3. To take, continue or promote positive action measures in the public and private sectors.  4. To take steps to ensure that positive action includes as far as possible actions having a bearing on the following aspects:  - informing and increasing the awareness of both the general public and the working world of the need to promote equality of opportunity for working women,  - respect for the dignity of women at the workplace,  - qualitative and quantitative studies and analyses of the position of women on the labour market,  - diversification of vocational choice, and more relevant vocational skills, particularly through appropriate vocational training, including the implementation of supporting measures and suitable teaching methods,  - measures necessary to ensure that placement, guidance and counselling services have sufficient skilled personnel to provide a service based on the necessary expertise in the special problems of unemployed women,  - encouraging women candidates and the recruitment and promotion of women in sectors and professions and at levels where they are underrepresented, particularly as regards positions of responsibility,  - adapting working conditions; adjusting the organization of work and working time,  - encouraging supporting measures such as those designed to foster greater sharing of occupational and social responsibilities,  - active participation by women in decisionmaking bodies, including those representing workers, employers and the self-employed.  5. To ensure that the actions and measures described in points 1 to 4 are made known to the public and to the working world, especially to potential beneficiaries, by all appropriate means and as extensively as possible.  6. To enable national equal opportunities committees and organizations to make a significant contribution to the promotion of such measures, which presupposes that these committees and organizations are provided with appropriate means of action.  7. To encourage both sides of industry, wherever possible, to promote positive action within their own organizations and the work place, for example by suggesting guidelines, principles, codes of good conduct or good practice or any other appropriate formula for the implementation of such action.  8. To make efforts also in the public sector to promote equal opportunities which might serve as an example, particularly in those fields where new information technologies are being used or developed.  9. To make appropriate arrangements to gather information on measures taken by public and private bodies, and to follow up and evaluate such measures,  AND TO THIS END REQUESTS THE COMMISSION:  1. To promote and organize in liaison with the Member States the systematic exchange and assessment of information and experience on positive action within the Community.  2. To submit a report to the Council, within three years of the adoption of this recommendation, on progress achieved in its implementation, on the basis of information supplied to it by Member States.  Done at Brussels, 13 December 1984.  For the Council  The President  R. QUINN  (1) OJ No C 143, 30. 5. 1984, p. 3.  (2) OJ No C 315, 26. 11. 1984, p. 81.  (3) Opinion delivered on 12 November 1984 (not yet published in the Official Journal).  (4) OJ No L 45, 19. 2. 1975, p. 19.  (5) OJ No L 39, 14. 2. 1976, p. 40.  (6) OJ No L 6, 10. 1. 1979, p. 24.  (7) OJ No C 186, 21. 7. 1982, p. 3.


title: Commission Recommendation of 19 December 2008 on common guidelines for the national sides and the issuance of euro coins intended for circulation (notified under document number C(2008) 8625)

text:
               14.1.2009

               EN

               Official Journal of the European Union

               L 9/52

      COMMISSION RECOMMENDATION

   of 19 December 2008
   on common guidelines for the national sides and the issuance of euro coins intended for circulation
   (notified under document number C(2008) 8625)
   (Only the Dutch, English, Finnish, French, German, Greek, Italian, Maltese, Portuguese, Spanish, Slovenian and Swedish texts are authentic)
   (2009/23/EC)
   THE COMMISSION OF THE EUROPEAN COMMUNITIES,
   Having regard to the Treaty establishing the European Community, and in particular Article 211 thereof,
   Whereas:

               (1)

               According to Article 106(2) of the Treaty, Member States may issue coins subject to approval by the European Central Bank of the volume of the issue.

               (2)

               In accordance with the second sentence of Article 106(2) of the Treaty, the Council has adopted harmonising measures in this field, by way of Council Regulation (EC) No 975/98 of 3 May 1998 on denominations and technical specifications of euro coins intended for circulation (1).

               (3)

               According to Article 11 of Council Regulation (EC) No 974/98 of 3 May 1998 on the introduction of the euro (2), coins denominated in euro and cent and complying with the denominations and technical specifications should have the status of legal tender in all ‘participating Member States’ as defined in that Regulation.

               (4)

               According to common practice among participating Member States, euro coins intended for circulation, including commemorative coins intended for circulation, should be put into circulation at face value. This does not exclude, however, that a minor proportion of the total value of issued coins is sold at a higher price if produced with a special quality or presented in special packaging.

               (5)

               Euro coins not only circulate in the issuing Member State but in the whole euro area and even beyond. In this context, a clear indication of the issuing Member State should be put on the national side of the euro coin in order to allow interested coin users to easily identify the issuing Member State.

               (6)

               Euro coins have a common European side and a distinctive national side. The common European sides of the euro coins bear both the name of the single currency and the denomination of the coin. The national side should neither repeat the name of the single currency nor the denomination of the coin.

               (7)

               The designs on the national sides of the euro coins are decided by each participating Member State, but should be fully surrounded by the 12 stars of the European flag.

               (8)

               Common rules should be followed by the participating Member States as regards changes to the national side of the euro coins. The designs used for the national sides of regular euro coins intended for circulation should in principle not be modified, except if the Head of State referred to on a coin changes.

               (9)

               Commemorative coins are specific coins intended for circulation where the regular national design is replaced by a different national design in order to commemorate a specific subject. The 2-euro coin constitutes the most suitable denomination for this purpose, principally because of the large diameter of the coin and its technical characteristics offering adequate protection against counterfeiting.

               (10)

               Issues of commemorative euro coins intended for circulation should only commemorate subjects of major national or European relevance, since such coins are intended for circulation throughout the euro-area. Less important subjects should rather be celebrated by way of issuing euro collector coins, which are not intended for circulation and which must be easily distinguishable from euro coins intended for circulation. Commemorative coins collectively issued by all participating Member States should be reserved for subjects of the highest European relevance.

               (11)

               The issuing limit of one commemorative euro coin intended for circulation per issuing Member State per year has worked well and should remain in place together with the additional possibility for a collective issue of a commemorative euro coin intended for circulation by all participating Member States. Moreover, Member States may issue a commemorative euro coin intended for circulation in the case of a temporary vacancy or a provisional occupation of the function of Head of State.

               (12)

               It is necessary to establish certain volume limits for commemorative coins intended for circulation in order to ensure that such coins remain a small percentage of the total number of the 2-euro coins in circulation. At the same time, these volume limits should allow for the issuance of a sufficient volume of coins to ensure that commemorative coins can circulate effectively.

               (13)

               As the euro coins circulate throughout the euro area, their national design features are a matter of common interest. Issuing Member States should inform each other about new national sides well in advance of the planned issue date. To this effect, issuing Member States should forward their draft euro coin designs to the Commission, which will verify the compliance with this Recommendation.

               (14)

               The Member States have been consulted on the guidelines set out in this Recommendation, in order to take account of their different national practices and preferences in this area.

               (15)

               The Community has concluded Monetary Agreements with the Principality of Monaco, the Republic of San Marino and the Vatican City State, allowing them to issue certain quantities of euro coins. The common guidelines should also be applicable to the coins intended for circulation issued by those States.

               (16)

               A review of this Recommendation should be prepared before the end of 2015, in order to determine whether the guidelines need to be modified.

               (17)

               This Recommendation should replace the Commission Recommendation of 29 September 2003 on a common practice for changes to the design of national obverse sides of euro circulation coins (3) and the Commission Recommendation of 3 June 2005 on common guidelines for the national sides of euro circulation coins (4),

         HEREBY RECOMMENDS:
   1.   Putting euro coins into circulation
   Euro coins intended for circulation should be put into circulation at face value. This does not exclude that a minor proportion of issued euro coins is sold at a higher price, if justified by reasons such as special quality or packaging.
   2.   Identification of the issuing Member State
   The national sides of all denominations of the euro coins intended for circulation should bear an indication of the issuing Member State by means of the Member State’s name or an abbreviation of it.
   3.   Absence of the currency name and denomination

               1.

               The national side of the euro coins intended for circulation should not repeat any indication of the denomination, or any parts thereof, of the coin, neither should it repeat the name of the single currency or of its subdivision, unless such indication stems from the use of a different alphabet.

               2.

               The edge lettering of the 2-euro coin could bear an indication of the denomination, provided that only the figure ‘2’ or the term ‘euro’ or both are used.

         4.   Design of the national sides
   The national side of the euro coins intended for circulation should bear the 12 European stars that should fully surround the national design, including the year mark and the indication of the issuing Member State’s name. The European stars should be depicted as on the European flag.
   5.   Changes to the national sides of regular euro coins intended for circulation
   Without prejudice to point 6, the designs used for the national sides of the euro coins intended for circulation denominated in euro or in cent should not be modified, except in cases where the Head of State referred to on a coin changes. Issuing Member States should, however, be allowed to update the design of euro coins depicting the Head of State every 15 years in order to take account of a change in the appearance of the Head of State. Issuing Member States should also be allowed to update their national sides of euro coins in order to fully comply with this Recommendation.
   A temporary vacancy or the provisional occupation of the function of Head of State should not give the right to change the national sides of the regular euro coins intended for circulation.
   6.   Issuance of commemorative euro coins intended for circulation

               1.

               Issues of commemorative euro coins intended for circulation showing a different national design from that of the regular euro coins intended for circulation should only commemorate subjects of major national or European relevance. Commemorative euro coins intended for circulation collectively issued by all participating Member States as defined in Article 1 of Regulation (EC) No 974/98 (hereafter the ‘participating Member States’) should only commemorate subjects of the highest European relevance and their issuance should be endorsed by the Council.

               2.

               The issuance of commemorative euro coins intended for circulation should comply with the following rules:

                           (a)

                           the number of issues should be limited to one per issuing Member State per year, except in cases where:

                                       (i)

                                       commemorative euro coins intended for circulation are collectively issued by all participating Member States;

                                       (ii)

                                       a possible commemorative euro coin intended for circulation is issued at the occasion of a temporary vacancy or a provisional occupation of the function of Head of State;

                           (b)

                           the 2-euro coin should be the sole denomination used for such issues;

                           (c)

                           the total number of coins put into circulation for each individual issue should not exceed the higher of the following two ceilings:

                                       (i)

                                       0,1 % of the total number of 2-euro coins brought into circulation by all participating Member States up to the beginning of the year preceding the year of issuance of the commemorative coin; this ceiling may be raised to 2,0 % of the total circulation of 2-euro coins of all participating Member States if a global and highly symbolic subject is commemorated, in which case the issuing Member State should refrain from launching another commemorative circulation coin issue using the raised ceiling during the subsequent four years and should set out the reasons for choosing the raised ceiling when providing information as provided for in point 7;

                                       (ii)

                                       5,0 % of the total number of 2-euro coins brought into circulation by the issuing Member State concerned up to the beginning of the year preceding the year of issuance of the commemorative coin;

                           (d)

                           the edge lettering on commemorative euro coins intended for circulation should be the same as on regular euro coins intended for circulation.

         7.   Information procedure and publication of future changes
   Member States should inform each other on the draft designs of new national sides of euro coins, including the edge letterings, and of the volume of issuance before they formally approve these designs. To this effect, new draft designs of euro coins should be forwarded by the issuing Member State to the Commission, as a rule, at least six months before the planned issue date. The Commission should verify compliance with the guidelines of this Recommendation and inform the other Member States without delay via the Economic and Financial Committee’s relevant subcommittee. If and when the Commission considers that the guidelines of the present Recommendation are not respected, the relevant subcommittee of the Economic and Financial Committee should decide whether to approve the design.
   The relevant subcommittee of the Economic and Financial Committee should approve the designs of commemorative euro coins intended for circulation collectively issued by all participating Member States.
   All relevant information on new national euro coin designs will be published in the Official Journal of the European Union.
   8.   Scope of the recommended practices
   This Recommendation should apply to national sides and edge letterings of both regular and commemorative euro coins intended for circulation. It should not apply to the national sides and edge letterings of both regular and commemorative euro coins intended for circulation which have been first issued or approved according to the agreed information procedure prior to the adoption of this Recommendation.
   9.   Repealing of previous recommendations
   Recommendations 2003/734/EC and 2005/491/EC are hereby repealed.
   10.   Addressees
   This Recommendation is addressed to all participating Member States.

      Done at Brussels, 19 December 2008.

            For the Commission

         Joaquín ALMUNIA

            Member of the Commission

      (1)  OJ L 139, 11.5.1998, p. 6.

      (2)  OJ L 139, 11.5.1998, p. 1.

      (3)  OJ L 264, 15.10.2003, p. 38.

      (4)  OJ L 186, 18.7.2005, p. 1.


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 Portugal, 2005-2009