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		52012DC0315

			Recommendation for a COUNCIL RECOMMENDATION on Luxembourg’s 2012 national reform programme and delivering a Council opinion on Luxembourg’s stability programme for 2012-2015 /* COM/2012/0315 final */

			   	Recommendation for a
COUNCIL RECOMMENDATION
on Luxembourg’s 2012 national reform
programme
and delivering a Council opinion on Luxembourg’s stability programme for
2012-2015
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning
of the European Union, and in particular Articles 121(2) and 148(4) thereof,
Having regard to Council Regulation (EC) No
1466/97 of 7 July 1997 on the strengthening of the surveillance of budgetary
positions and the surveillance and coordination of economic policies[1], and in particular Article 5(2)
thereof,
Having regard to the recommendation of the
European Commission[2],
Having regard to the resolutions of the
European Parliament[3],
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 European 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[4],
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 July 2011, the
Council adopted a recommendation on Luxembourg’s national reform programme for
2011 and delivered its opinion on Luxembourg’s updated stability programme for
2011-2014.
(4)       On 23 November 2011, the
Commission adopted the second Annual Growth Survey, marking the start of the second
European Semester of ex-ante and integrated policy coordination, which is
anchored in the Europe 2020 strategy. On 14 February 2012, the Commission, on
the basis of Regulation (EU) No 1176/2011, adopted the Alert Mechanism Report[5], in which it did not identify
Luxembourg as one of the Member States for which an in-depth review would be
carried out.
(5)       On 2 March 2012, the
European Council endorsed the priorities for ensuring financial stability,
fiscal consolidation and action to foster growth. It underscored the need to pursue
differentiated, growth-friendly fiscal consolidation, to restore normal lending
conditions to the economy, to promote growth and competitiveness, to tackle
unemployment and the social consequences of the crisis, and to modernise public
administration.
(6)       On
2 March 2012, the European Council also invited the Member States participating
in the Euro Plus Pact to present their commitments in time for inclusion in
their stability or convergence programmes and their national reform programmes.
(7)       On 27 April 2012, Luxembourg
submitted its 2012 stability programme covering the period 2012-2015 and its
2012 national reform programme. In order to take account of their interlinkages,
the two programmes have been assessed at the same time.
(8)       Based
on the assessment of the 2012 Stability Programme pursuant to Council
Regulation (EC) No 1466/97, the Council is of the opinion that the
macroeconomic scenario underpinning the budgetary projections in the programme
is plausible. In particular, the programme scenario for 2012 and 2013 is very
close to the Commission's 2012 spring forecast. Medium-term deficit projections
are made under a slightly optimistic growth scenario, above potential growth
although still well below average historic rates. The objective of the
budgetary strategy outlined in the programme is to bring the deficit from 1.5%
in 2012 to 0.9% in 2014 with a package of consolidation measures of around 1.2%
of GDP and provide a wider room for manoeuvre in case of negative shocks. The
programme confirms the previous medium term objective (MTO) of a structural
surplus of 0.5%. However, this MTO cannot be regarded as appropriate under the
provisions of the Stability and Growth Pact because, based on current policies
and projections, this MTO does not appear to take sufficiently into account the
implicit liabilities related to ageing, despite the debt being below the Treaty
reference value. Moreover, based on both the Commission's 2012 spring forecast
as well as on the (recalculated) structural budget balance in the programme,
Luxembourg would significantly depart from its own MTO starting from 2012. The
growth rate of government expenditure, net of discretionary revenue measures,
is expected to significantly exceed the expenditure benchmark as defined in the
Stability and Growth Pact. At 20 % of GDP, gross government debt is below the
reference value of the Treaty.
(9)       On 20 January 2012, the
Luxembourg government adopted a draft law to reform the pension system for both
the private and the public sector. The reform would build in some corrective
mechanisms in case of an adverse evolution of the financial situation of the
scheme and contains adaptations to the very generous calculations method of
benefits. However, the new calculation method will be phased in over a very
long time horizon of 40 years. Moreover the possibilities for early retirement
remain broadly unchanged and no measures have been proposed to link the
statutory retirement age to life expectancy. Overall, Luxembourg is taking
steps into the right direction, but the proposed reform does not seem to
constitute a sufficient guarantee of long-term sustainability of public
finances.
(10)     In January 2012, the
national Parliament adopted a law to limit the application of the automatic
indexation of wages between 2012 and 2015 in order to increase the
competitiveness of the Luxembourg economy. However, besides a possible
modification of the reference index, the government has
not announced any further plans for a permanent revision of the wage-setting
system. While Luxembourg’s productivity is currently very high, the room for manoeuvre
in terms of productivity gains is getting smaller. A permanent revision of the
wage-setting system, in consultation with social
partners and in accordance with national practices, is
necessary to preserve the competitiveness of the Luxembourg economy in the
longer term.
(11)      Luxembourg has taken some
relevant and credible steps to tackle its relatively high youth unemployment. However,
in order to ease young people’s integration into the labour market, a coherent
strategy is needed to, inter alia, strengthen collaboration between
municipalities and improve the effectiveness of employment services. Young
jobseekers, and particularly those with lower education level, would also
benefit from more investment in training and education.
(12)     Luxembourg is expected to face
difficulties in reaching its 2020 target for greenhouse gas (GHG) emission
reduction. According to the latest 2020-projections based on existing measures,
Luxembourg is expected to increase its emissions in non-ETS sectors by 9%
between 2005 and 2020, compared to a reduction target of 20%. The road sector
represents the most significant source of emissions and possesses a large
emission reduction potential. The price of transport fuels remains one of the
lowest in the EU, encouraging ‘fuel tourism’ and inducing negative
externalities in terms of pollution and congestion. Additional policies are necessary
to reduce GHG emissions, or costly flexibility mechanisms will have to be used.
(13)     Luxembourg has made a
number of commitments under the Euro Plus Pact. The commitments, and the
implementation of the commitments presented in 2011, relate to improving
competitiveness, enhancing employment and strengthening financial stability.
The Commission has assessed the implementation of the Euro Plus Pact
commitments. The results of this assessment have been taken into account in the
recommendations.
(14)     In the context of the
European Semester, the Commission has carried out a comprehensive analysis of Luxembourg’s economic policy. It has assessed the stability
programme and national reform programme. It has taken into account not only
their relevance for sustainable fiscal and socio-economic policy in Luxembourg
but also their compliance with EU rules and guidance, given the need to
reinforce the overall economic governance of the European Union by providing
EU-level input into future national decisions. Its recommendations under the
European Semester are reflected in recommendations (1) to (5) below.
(15)     In the light of this
assessment, the Council has examined Luxembourg’s stability programme, and its opinion[6]
is reflected in particular in recommendation (1) below,
HEREBY RECOMMENDS that Luxembourg
should take action within the period 2012-2013 to:
1.           Preserve a sound fiscal
position correcting any departure from a medium-term budgetary objective (MTO)
that ensures the long-term sustainability of public finances, in particular
taking into account implicit liabilities related to ageing. To this end,
reinforce and rigorously implement the budgetary strategy, supported by
sufficiently specified measures, for the year 2013 and beyond, including
meeting the expenditure benchmark.
2.            Increase the impact of
the proposed pension reform by accelerating the implementation of measures that
curb age-related expenditure, take additional measures to increase the
participation rate of older workers, in particular by reducing early
retirement, and take steps to link the statutory retirement age to life
expectancy, in order to ensure the long-term sustainability of the pension
system
3.           Take further steps to reform,
in consultation with the social partners and in accordance with national
practice, the wage bargaining and wage indexation system, with a view to
preserve the competitiveness of the Luxembourg economy in the longer term, as a
first step by maintaining the current one-year indexation interval beyond 2014 and
by reducing the impact of energy and other volatile items on the reference
index.
4.           Continue efforts to reduce
youth unemployment by reinforcing stakeholders’ involvement, and by
strengthening training and education measures, in particular for those with low
education levels, with the aim of better matching young people's skills and
qualifications to labour demand
5.           Ensure that the targets
for reducing greenhouse gas emissions from non-ETS (Emissions Trading System)
activities will be met, in particular by greening the taxation system.
Done at Brussels,
                                                                       For
the Council
                                                                       The
President
[1]               OJ L 209, 02.08.1997, p. 1
[2]               COM(2012)315 final
[3]               P7_TA(2012)0048
and P7_TA(2012)0047
[4]               Council Decision 2012/238/EU of 26 April 2012
[5]               COM(2012) 68 final
[6]               Under Article 5(2) of Council Regulation (EC) No
1466/97.


Avis juridique important

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32003H0613

Commission Recommendation of 6 August 2003 concerning the guidelines on the revised interim computation methods for industrial noise, aircraft noise, road traffic noise and railway noise, and related emission data (Text with EEA relevance) (notified under document number C(2003) 2807)

Official Journal L 212 , 22/08/2003 P. 0049 - 0064

Commission Recommendationof 6 August 2003concerning the guidelines on the revised interim computation methods for industrial noise, aircraft noise, road traffic noise and railway noise, and related emission data(notified under document number C(2003) 2807)(Text with EEA relevance)(2003/613/EC)THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Directive 2002/49/EC of the European Parliament and of the Council of 25 June 2002 relating to the assessment and management of environmental noise(1), and in particular point 2.2 of Annex II thereto,Whereas:(1) In accordance with Annex II to Directive 2002/49/EC, interim computation methods for the determination of the common indicators Lden and Lnight for industrial noise, aircraft noise, road traffic noise and railway noise are recommended for Member States that have no national computation method or Member States that wish to change computation methods.(2) In accordance with point 2.2 of Annex II to Directive 2002/49/EC, the four recommended interim computation methods must be adapted to the definitions of Lden and Lnight. In this respect, the Commission is required to publish guidelines on the revised computation methods and provide emission data for road traffic noise, railway noise and aircraft noise, on the basis of existing data.(3) The measures set out in this Recommendation are in accordance with the opinion of the Committee set up by Article 18 of Directive 2000/14/EC of the European Parliament and of the Council(2),HEREBY RECOMMENDS:1. The guidelines on the revised interim computation methods referred to in paragraph 2.2 of Annex II to Directive 2002/49/EC and the emission data for road traffic noise, railway noise and aircraft noise on the basis of existing data are set out in the Annex to this Recommendation.2. This Recommendation is addressed to the Member States.Done at Brussels, 6 August 2003.For the CommissionMargot WallströmMember of the Commission(1) OJ L 189, 18.7.2002, p. 12.(2) OJ L 162, 3.7.2000, p. 1.ANNEXGuidelines on the revised interim computation methods for industrial noise, aircraft noise, road traffic noise and railway noise, and related emission data1. INTRODUCTIONIn accordance with Article 6 and Annex II of Directive 2002/49/EC, interim computation methods for the determination of Lden and Lnight for road traffic noise, railway noise, aircraft noise and industrial noise are recommended for Member States that have no national computation methods or Member States that wish to change computation methods. These methods are the following:- FOR ROAD TRAFFIC NOISE: the French national computation method "NMPB-Routes-96 (SETRA-CERTU-LCPC-CSTB)", referred to in "Arrêté du 5 mai 1995 relatif au bruit des infrastructures routières, Journal Officiel du 10 mai 1995, Article 6" and in the French standard "XPS 31-133". This method is referred to as "XPS 31-133" in these guidelines.- FOR RAILWAY NOISE: the Netherlands national computation method published in "Reken- en Meetvoorschrift Railverkeerslawaai '96, Ministerie Volkshuisvesting, Ruimtelijke Ordening en Milieubeheer, 20 November 1996". This method is referred to as "RMR" in these guidelines.- FOR AIRCRAFT NOISE: ECAC.CEAC Doc. 29 "Report on Standard Method of Computing Noise Contours around Civil Airports", 1997. This method is referred to as "ECAC doc. 29" in these guidelines.- FOR INDUSTRIAL NOISE: ISO 9613-2: "Acoustics - Abatement of sound propagation outdoors, Part 2: General method of calculation". This method is referred to as "ISO 9613" in these guidelines.The abovementioned methods must be adapted to the definitions of Lden and Lnight.These guidelines relate to the revised interim computation methods and provide emission data for aircraft noise, road traffic noise and railway noise on the basis of existing data. It should be noted that these data are provided on the basis of a review of existing data available for use with the interim computation methods recommended for transportation noise. While the emission data provided in these guidelines cannot cover all the specific situations that may be encountered in Europe, in particular for road and rail traffic, means are provided here to obtain additional data through measurements. Finally, the use of the data provided in these guidelines is not compulsory, and Member States willing to use the interim computation methods are free to use other data that they would consider appropriate, provided such data are suitable for use with the methods concerned.2. ADAPTATION OF THE INTERIM COMPUTATION METHODS2.1. General adaptations relating to the noise indicators Lden and Lnight2.1.1. General considerationsArticles 3 and 5 and Annex I of Directive 2002/49/EC define the noise indicators Lday (day-time indicator), Levening (evening-time indicator), Lnight (night-time indicator) and the compound indicator Lden (day-evening-night noise indicator). According to Article 5 of Directive 2002/49/EC, the noise indicators Lden and Lnight must be used for the calculation of strategic noise maps.Lden is derived from Lday, Levening and Lnight using the following formula:>REFERENCE TO A GRAPHIC>Directive 2002/49/EC requires Lday, Levening and Lnight to be long-term noise levels according to ISO 1996-2:1987. They are determined over all day, evening and night periods of a year.ISO 1996-2:1987 defines the average long-term level as an equivalent A-weighted continuous sound pressure level that can be determined by computation accounting for variations in both source activity and meteorological conditions influencing the propagation conditions. ISO 1996-2 allows the use of meteorological correction terms, and a reference is made to the meteorological corrections in ISO 1996-1, although no method to determine and apply such correction is provided.Finally, Annex I of Directive 2002/49/EC permits Member States to shorten the evening period by 1 or 2 hours. Daytime and/or night-time period(s) must be lengthened accordingly. The basic equation to calculate Lden has to be adapted to reflect these changes in one or more of the rating periods. This leads to a more general form of the equation:>REFERENCE TO A GRAPHIC>where:- te is the length of the shorter evening period, where 2 <= te <= 4,- td is the resulting length of the daytime period,- tn is the resulting length of the night-time period,and- td + te + tn = 24 hours2.1.2. Receiver heightFor the purpose of strategic noise mapping, Directive 2002/49/EC imposes the receiver point (or "assessment point") height at 4 ± 0,2 m above the ground. As that Lden is a compound indicator calculated from Lday, Levening, Lnight, this height is also mandatory for these indicators.2.1.3. Meteorological correctionAnnex I of Directive 2002/49/EC defines characteristics of the time period "year" with respect to sound emission (a relevant year as regards the emission of sound) and meteorological conditions (an average year as regards the meteorological conditions). With respect to the latter, no additional information is provided in the Directive as to what should be considered as an average year.In the meteorological community, it is common practice to derive average meteorological conditions for a site from a statistical analysis of 10 years of detailed meteorological data measured on or near to the site. This need for long-term measurements and analysis reduces the likelihood of obtaining sufficient data for all sites that have to be noise mapped. Therefore the use of a simplified form of meteorological data proportional to the occurrence of variations in propagation conditions is suggested where sufficient data is not available. Following the example of the simplified assumptions contained in XPS 31-133, such data should be chosen in accordance with both the precautionary principle and the prevention principle applied in EU environmental legislation, which provides for protection of the citizen from potentially dangerous and/or harmful effects. In the light of this, it is recommended that a conservative (favourable to propagation) approach be taken when selecting such simplified meteorological data. Therefore, the approach described in Table 1 is recommended for producing meteorological corrections when calculating the EU noise indicators:TABLE 1 Meteorological correction decision grid>TABLE>2.2. Adaptation of the road traffic noise method "XPS 31-133"2.2.1. Description of the calculation methodThe recommended interim computation method for road traffic noise is the French national computation method "NMPB-Routes-96 (SETRA-CERTU-LCPC-CSTB)", referred to in "Arrêté du 5 mai 1995 relatif au bruit des infrastructures routières, Journal Officiel du 10 mai 1995, Article 6" and in the French standard "XPS 31-133". This method describes a detailed procedure to calculate sound levels caused by the traffic in the vicinity of a road, taking into account the meteorological effects affecting propagation.2.2.2. Meteorological correction and calculation of long-term levelsThe long term-level Llongterm is calculated by the following formula:>REFERENCE TO A GRAPHIC>where:- LF is the sound level calculated in favourable sound propagation conditions,- LH is the sound level calculated in homogeneous sound propagation conditions,- p is the long-term occurrence of meteorological conditions favourable to the propagation of sound determined following 2.1.3.2.2.3. Summary table of adaptations needed>TABLE>2.3. Railway noise2.3.1. Description of the calculation methodThe recommended interim computation method for railway noise is the "RMR" Netherlands national computation method published in "Reken- en Meetvoorschrift Railverkeerslawaai '96, Ministerie Volkshuisvesting, Ruimtelijke Ordening en Milieubeheer, 20 November 1996", which provides two different calculation schemes, SRM I (simplified scheme) and SRM II (detailed scheme). The conditions under which each of the schemes can be used, as described in the Dutch document, should be followed in order to determine which method to use for the purpose of strategic noise mapping following Directive 2002/49/EC.2.3.2. Summary table of adaptations needed>TABLE>2.4. Aircraft noise2.4.1. Description of the calculation methodThe recommended interim noise computation method for aircraft noise is ECAC.CEAC Doc. 29 "Report on Standard Method of Computing Noise Contours around Civil Airports", 1997. Of the different approaches to the modelling of flight paths, Annex II.2 of Directive 2002/49/EC states that the segmentation technique referred to in section 7.5 of ECAC Doc. 29 will be used. However, the latter document does not provide the procedures needed for such segmentation calculations. These guidelines provide such procedures (see 2.4.2).It should be noted that in 2001, the European Civil Aviation Conference (ECAC) launched a revision of its Doc. 29 with a view to producing state-of-the-art in aircraft noise contour modelling. While Directive 2002/49/EC as published in July 2002 explicitly refers to the 1997 version of ECAC Doc. 29, attention should be paid to the revised version of the method when it is adopted by ECAC so as to allow, if appropriate and considered necessary, for the new method to be introduced in Annex II of Directive 2002/49/EC as the recommended method for aircraft noise computation. Such an introduction should be considered further to an assessment of the suitability of the revised method for strategic noise mapping as required by Directive 2002/49/EC.2.4.2. Segmentation techniqueIn line with Directive 2002/49/EC, sound exposure level generated by aircraft during operations should be computed using a segmentation technique. Although ECAC doc. 29 refers to such a technique, it does not provide means to implement such computations. These guidelines recommend the use of the segmentation method described in the Technical Manual of the Integrated Noise Model (INM) Version 6.0, as published in January 2002. This method is briefly described in the text below.The flight path (both for straight and circular sections) is divided into segments, each of which is straight, (and the power setting and the speed are constant). The minimum value of the length of a segment is 3 m. For each sub-arc three x-y-points are computed. These three points define two line segments; the first point is at the start of the sub-arc, the third point is at the end of the sub-arc, the second point is half-way along the sub-arc.For each of the flight path segments or, if necessary, the extended flight path segment the perpendicular closest point of approach (PCPA) to the observer and the slant distance from the observer to this PCPA is determined (see Figure 1).Figure 1 - Definition of perpendicular closest point of approach PCPA on the flight path and slant distance d for a segment P1P2, when the calculation point CP is astride the segment (a) or when it is ahead of the segment (b) or when it is behind the segment (c).(a)>PIC FILE= "L_2003212EN.005401.TIF">(b)>PIC FILE= "L_2003212EN.005402.TIF">(c)>PIC FILE= "L_2003212EN.005403.TIF">The slant distance d to the PCPA defines the data to be read from the Noise-Power-Distance(NPD)-curves; it defines also the elevation angle. The distance in the horizontal plane from the calculation point CP on the ground to the vertical projection of the PCPA defines the lateral distance for the calculation of the lateral attenuation (if relevant).- If the height is changing in the segment, the height is set as follows: if the calculation point CP is astride the segment the height at the PCPA (linear interpolation) is used, if the CP is behind or ahead of the segment the height at the nearest end of the segment to the CP is used.- If the speed is changing in the segment the speed is set as follows: if the calculation point CP is astride the segment, the speed at the PCPA (linear interpolation) is used, if the CP is behind or ahead of the segment, the speed at the nearest end of the segment to the CP is used.- If the power setting is changing in the segment or the sound level according to the power setting is changing (Δξ) the level is set as follows: if the calculation point CP is astride the segment, the level at the PCPA (linear interpolation) is used, if the CP is behind or ahead of the segment, the relevant level at the nearest end of the segment to the CP is used.The proportion of the sound energy from a segment, or "noise fraction", is calculated following the model used in INM 6.0.If the default data referred to in 3.3.2 is used (LA,max based), then the "scaled distance" sL referred to in INM 6.0 Technical Manual should be calculated following:>REFERENCE TO A GRAPHIC>where:- v is the actual speed in m/s and,- τ is the duration of flypast in seconds.The "scaled distance" is introduced to ensure that the total exposure obtained from the "noise fraction" calculation is consistent with the NPD-data.The sound event level of a whole flypast is calculated by adding up the sound event levels of the single segments on an energetic basis.2.4.3. Calculation of the overall noise levelsBefore the noise sound exposure in a calculation point from the total traffic can be determined, the sound exposure level (SEL) has to be calculated for each individual aircraft operation, following:- If the calculations are based on SEL NPD-data for a reference speed (usually 160 knots for jet aircraft and 80 knots for small propeller driven aeroplanes):>REFERENCE TO A GRAPHIC>- If the calculations are based on LA,max-NPD-data (as the default data referred to in 3.3.2):>REFERENCE TO A GRAPHIC>where:- SEL(ξ,d)v,ref is the SEL at a point having co-ordinates (x,y) caused by a movement on an arrival or a departure route of an aeroplane with thrust ξ at the shortest distance d taken from noise-power-distance curve for thrust ξ and shortest distance d,- LA(ξ,d) is the sound level at a point having co-ordinates (x,y) caused by a movement on an arrival or a departure route of an aeroplane with thrust ξ at the shortest distance d taken from noise-power-distance curve for thrust ξ and shortest distance d,- Λ(β,l) is the extra attenuation of sound during propagation lateral to the direction of aeroplane, for horizontal lateral distance l and elevation angle β,- ΔL is the directivity function for take-off roll noise behind the start-of-roll point,- ΔV is the correction for actual speed on the flight path where Δv = 10.lg (vref/v) with:- vref is the speed used in the NPD-data,- v is the actual speed on the flight path,- ΔA is the duration allowance depending on speed v calculated following 3.3.2,- ΔF is the correction for the finite length of the segment of the flight path.The number of movements of any of the aircraft groups on any of the flight paths during a whole year has to be determined for the time periods day, evening and night separately.With this, the Directive 2002/49/EC noise indicators Lden and Lnight are calculated as follows:>REFERENCE TO A GRAPHIC>and>REFERENCE TO A GRAPHIC>where:- Nd,i,j is the number of movements of the jth aircraft group on the ith flight path during the day period on an average day,- Ne,i,j is the number of movements of the jth aircraft group on the ith flight path during the evening period on an average day,- Nn,i,j is the number of movements of the jth aircraft group on the ith flight path during the night period on an average day,- Tn is the duration of the night period in seconds,- SELi,j is the sound exposure level from the jth aircraft group on the ith flight path.The number of movements on an average day is calculated as the average of the number of movements over a year following:>REFERENCE TO A GRAPHIC>where the movements are separately counted for the periods day, evening and night and distinguished by the index d for the day period, e for the evening period and n for the night period.The formula for Lden contains an additional +5 dB for the evening period (a factor of 3,16) to account for the number of movements in the evening period and an additional +10 dB for the night period (a factor of 10) to account for the number of movements during the night period.2.4.4. Summary table of adaptations neededThe following table contains a presentation of the contents of ECAC Doc. 29 chapter by chapter showing similarities, differences and required additions needed to meet the requirements of Directive 2002/49/EC.>TABLE>2.5. Industrial noise2.5.1. Description of the calculation methodThe recommended interim computation method for industrial noise is ISO 9613-2: "Acoustics - Abatement of sound propagation outdoors, Part 2: General method of calculation". This method, referred to as "ISO 9613-2" in these guidelines, specifies an engineering method for calculating the attenuation of sound during propagation outdoors in order to predict environmental noise levels around a variety of sources, including industrial sources.2.5.2. Summary table of adaptations needed>TABLE>3. EMISSION DATA3.1. Road traffic noise - "Guide du bruit 1980"3.1.1. Measurement procedureXPS 31-133 refers to the "Guide du Bruit 1980" as a default emission model for road traffic noise calculations. If a Member State who adopts this interim computation method wishes to update the emission factors, the measurement procedure described below is recommended. It should be noted that in 2002 the French authorities launched a project designed to review the emission values. Attention should be paid to these new values and the methods developed to obtain them, when published by the responsible authorities, so as to allow, if appropriate and considered necessary, for them to be used as input data for the calculation of road traffic noise.The noise emission level of a vehicle is characterised by the maximum pass-by sound level LAmax in dB measured at 7,5 m from the centreline of the trajectory of the vehicle. This sound level is determined separately for different vehicle types, speeds and traffic flows. While the slope of the road is identified, the road surface is not explicitly taken into account. To remain compatible with the original measurement conditions, measurements for the addition of vehicle acoustical characteristics should be made for vehicles driving on either of the following road surface types: cement concrete, very slim bituminous concrete 0/14, half-granulated bituminous concrete 0/14, superficial seal 6/10, superficial seal 10/14. A surface correction is then added according to the scheme presented in 3.1.4.Measurements can be made either on single isolated vehicles of the traffic or on specific circuits under controlled conditions. The vehicle speed should be measured with a Doppler radar (accuracy of approximately 5 % at slow speeds). The traffic flow is determined either by subjective observation (accelerated, decelerated or fluid) or by measurement. The microphone is positioned 1,2 m above ground and 7,5 m horizontally from the centreline of the vehicle trajectory.For use with XPS 31-133 and in accordance with the specifications of Guide du Bruit 1980, the sound power level Lw and noise emission E are calculated from the measured sound pressure level Lp and vehicle speed V by:>REFERENCE TO A GRAPHIC>and>REFERENCE TO A GRAPHIC>3.1.2. Noise emission and traffic3.1.2.1. Noise EmissionThe term noise emission is defined as follows:>REFERENCE TO A GRAPHIC>where V is the vehicle speedThe emission E is therefore a sound level which can be described in terms of dB(A) as the sound level Leq on the reference isophone due to a single vehicle per hour in traffic conditions which are function of:- vehicle type,- speed (or velocity),- traffic flow,- longitudinal profile.3.1.2.2. Vehicle typesTwo vehicle categories for noise prediction are used:- light vehicles (vehicles less than 3,5 tonne net load),- heavy vehicles (vehicles greater or equal to 3,5 tonne net load).3.1.2.3. SpeedFor reasons of simplicity, the parameter vehicle speed is used in this method for the whole average speed range (from 20 to 120 km/h). In the case of lower speeds (lower than 60 or 70 km/h depending on the situation) however, the method is refined by means of the subsequently described traffic flow.To determine a long-term sound level in Leq it is sufficient to know the average speed of a fleet of vehicles. This average speed of a fleet of vehicles can be defined as follows:- the median speed V50, or the speed that is reached or exceeded by 50 % of all vehicles; or- the median speed V50 plus half the standard deviation of speeds.All average speeds determined with either of these methods that turn out to be below 20 km/h are set to 20 km/h.If available data do not allow for the accurate estimation of the average speed, the following general rule can be followed: for each road segment, the maximum allowed speed on this segment is used. A new road segment must be defined whenever the allowed maximum speed changes. An additional correction is introduced for the lower speed range (lower than 60 to 70 km/h depending on the situation), under which conditions corrections for one of the four flow types must be applied. Finally, all speeds below 20 km/h are set to 20 km/h.3.1.2.4. Various types of traffic flowsTraffic flow type is a complementary parameter to speed, which accommodates acceleration, deceleration, engine load, and pulsated or continuous traffic motion. Four categories are defined below:Fluid continuous flow: Vehicles move with a nearly constant velocity on the road section of interest. It is "fluid" in that the flow is stable in both space and time for periods of at least ten minutes. Variations during the course of a day may be observed but without abrupt or rhythmic variations. Furthermore, it is neither accelerated nor decelerated but of steady velocity. This flow type corresponds to the traffic on a motorway/autobahn link or an interurban road, on an urban expressway (outside rush hours), and on major roads in an urban environment.Pulsed continuous flow: A flow with a significant proportion of vehicles in a transitory state (i.e. either accelerating or decelerating) that is stable neither in time (i.e. there exist abrupt variations of flow during small time periods) nor in space (i.e. at any given moment in time irregular concentrations of vehicles exist on the road section of interest). It remains however possible to define an average overall velocity for this type of flow which is stable and repetitive for a sufficiently long period of time. This flow type corresponds to that found on city-centre roads, on major roads close to saturation, on dispatching or connecting roads with numerous crossings, in car parks, at pedestrian crossings and at junctions to housings.Pulsed accelerated flow: This is a pulsed flow and thus turbulent. However, a significant proportion of all vehicles is accelerating, which in turn means that the notion of speed has a meaning only in discrete points as it is not stable during displacement. This is typically the case for traffic either on expressways after a crossing, or at a motorway slip road, at a tollbooth, etc.Pulsed decelerated flow: This is the opposite of the previous one, in which a significant proportion of vehicles is decelerating. It is generally found on the approach of major urban crossings, on motorway or expressway exits or on the approach to a tollbooth, etc.3.1.2.5. Three longitudinal profilesThree longitudinal profiles are defined below, in order to take into account the difference in sound emission as a function of the slope of the carriageway:- a horizontal carriageway or a horizontal carriageway section whose gradient in direction of traffic flow is less than 2 %;- an ascending carriageway is one where upward gradient in the direction of traffic flow is greater than 2 %;- a descending carriageway is one where the downward gradient in the direction of traffic flow is more than 2 %.In the case of a one-way road this definition is directly applicable. In the case of two-way traffic a separate calculation for each driving direction and subsequent accumulation of results is required to obtain a precise estimate.3.1.3. Quantified noise emission values for various road traffic types3.1.3.1. Schematic representationGuide du bruit provides nomograms giving the value of the sound level Leq (1 hour), in dB(A), (also known as noise emission E, described in 3.1.2.1). The sound level is given separately for a single light vehicle (the sound emission is then "Elv") and a single heavy vehicle (the sound emission is then "Ehv") per hour. For these separate vehicle types, E is a function of speed (see 3.1.2.3), traffic flow (see 3.1.2.4) and longitudinal profile (see 3.1.2.5). While the sound level shown in the nomograms does not include any corrections for road surface, these guidelines include a correction scheme (see 3.1.4).The frequency-dependent basic sound power level LAwi, in dB(A), of a compound point source i in a given octave band j is calculated from the individual sound emission levels for light and heavy vehicles obtained from nomogram 2 of Guide du Bruit 1980 (referred to as "nomogram 2" in these guidelines) using the following equation:>REFERENCE TO A GRAPHIC>where:- LAw/m is the global sound power level per metre length along the lane attributed to the specified source line, in dB(A), given by:>REFERENCE TO A GRAPHIC>where:- Elv is the sound emission for light vehicles as defined in nomogram 2,- Ehv is the sound emission for heavy vehicles as defined in nomogram 2,- Qlv is the volume of light traffic during the reference interval,- Qhv is the volume of heavy vehicles during the reference interval;- Ψ is the road surface noise level correction defined in 3.1.4;- li is the length of the section of the source line represented by a component point source i in meters;- R(j) is the spectral value, in dB(A), for octave band j given in Table 2.TABLE 2 Normalised A-weighted octave band traffic noise spectrum calculated from third octave spectrum of EN 1793-3>TABLE>3.1.4. Road surface correction3.1.4.1. IntroductionAbove a certain speed the overall noise emitted by a vehicle is dominated by the tyre-road contact noise. It depends on vehicle speed, type of road surface, (in particular porous and sound-deadening surfaces) and tyre type. Guide du bruit 1980 provides a standard noise emission for a standard road surface. The scheme described below is suggested to introduce road surface corrections. It is compatible with EN ISO 11819-1 provisions.3.1.4.2. Surface type definitions- Smooth asphalt (concrete or mastic): is the reference road surface defined in EN ISO 11819-1. It is a dense, smooth-textured, either asphalt concrete or stone-mastic asphalt surface with a maximum chipping size of 11 - 16 mm.- Porous surface: is a surface with a void volume of at least 20 %. The surface has to be less than five years old (the age restriction accounts for the tendency of porous surfaces to become less absorptive over time as the voids fill up. If special maintenance is applied the age restriction may be lifted. However, after the initial five years term measurements must be made to determine the acoustics properties of the surface. The sound-reducing effect of this surface is a function of vehicle speed).- Cement concrete and corrugated asphalt: includes both the cement concrete and coarse-texture asphalt.- Smooth texture paving stones: paving stones with a distance smaller than 5 mm between the blocks.- Rough texture paving stones: paving stones with a distance greater than or equal to 5 mm between the blocks.- Others: is an open category into which each Member States may place corrections for other surfaces. To ensure harmonised use and results, data must be obtained in accordance with EN ISO 11819-1. The data obtained should be entered into Table 3. For all measurements, the passage speeds must be equal to the standard's reference speeds. The Statistical Pass-By Index (SPBI) equation will be used to evaluate the effect of the percentage of heavy vehicles. 10 %, 20 %, 30 % will be used respectively to calculate the SPBI for each of the three percentage ranges defined in Table 3 (0-15 %, 16-25 % and  > 25 %).TABLE 3 Standard road surface correction scheme>TABLE>3.1.4.3. Recommended correction schemeTABLE 4 Proposed road surface correction scheme>TABLE>3.2. Railway noise3.2.1. IntroductionThe Dutch railway noise computation method RMR has its own emission model that is described in detail in Chapter 2 of the original Dutch text. This emission model can remain to be used in all Member States without modification.With regard to emission data, these guidelines identify in 3.2.2 the Dutch emission database as the recommended default database. However, the measurement methods described in 3.2.2.2 will allow Member States to produce new emission data to compensate for the lack of emission data of non-Dutch rolling stock on non-Dutch rails in the default database.3.2.2. The noise emission modelPrior to the calculation of the "equivalent continuous sound pressure level" all vehicles that use a specified section of railway line and follow the appropriate service guidelines should be either placed in the 10 railway vehicles categories shown in 3.2.2.1 or, where appropriate, into additional categories after carrying out measurements according to 3.2.2.2.3.2.2.1. Existing train categoriesThe existing categories that are provided in the Dutch emission database are primarily differentiated by propulsion system and wheel brake system as follows:>TABLE>3.2.2.2. Measurement methodThe noise emission characteristics of a railway vehicle or of a track can be determined by measurement. The measurement procedures are described in:- "Reken- en Meetvoorschrift 'Railverkeerslawaai 2002, Ministerie Volkshuisvesting, Ruimtelijke Ordening' en Milieubeheer, 28 maart 2002".Three procedures are given to determine the characteristics of new train categories or non-Dutch rolling stock on non-Dutch tracks (procedures A and B) and of non-Dutch tracks (procedure C):- Procedure A is a simplified method, which provides a way of determining if a railway vehicle can be allocated to an existing category (as referred to in 3.2.2.1). This method can also be used for new (yet to be constructed) vehicles on which it is impossible to carry out noise measurements. This allocation is done mainly on the basis of the type of propulsion system (diesel, electric, hydraulic) and the braking system (disc or block).- Procedure B describes methods of obtaining emission data for rail vehicles that do not necessarily fit into an existing train category. A so-called "free category" is introduced to which any vehicle type can be assigned, if its noise emission is determined according to this procedure. The data obtained in this manner take into account the separation of vehicle, the track sound radiation and the wheel and track roughness. Also the different sources of noise - traction noise, rolling noise and aerodynamic noise - are taken into account along with the heights of the different sources.- Procedure C allows for the determination of the acoustical characteristics of track construction (sleepers, ballast bed, etc). The noise calculation method is based on the fact that the track characteristics, in octave bands, are independent of the type of vehicle or of the speed of the vehicle. To verify this, it is necessary to perform measurements at one location at two additional speeds (difference  > 20, respectively 30 %). The differences in the calculated track characteristics should be below 3dB in each of the octave bands. If the correction is dependent on speed, additional research has to be carried out that may lead to speed-dependent characteristics.3.2.2.3. Emission modelIf calculations are carried out following SRM I, emission values in dB(A) are determined as follows:>REFERENCE TO A GRAPHIC>where:- Enr,c is the emission term per rail vehicle category for non-braking trains,- Er,c emission term for braking trains,- c is the train category,- y is the total number of categories present.The emission values per rail vehicle category are determined from:>REFERENCE TO A GRAPHIC>>REFERENCE TO A GRAPHIC>where the standard emission values ac, bc, ar,c &  br,c are provided in RMR.If SRM II is used, then for each train category and for different sound source heights (up to 5 heights), emission values per octave band are determined. After the characterisation of the emission of different train categories, the emission of the specified section of railway line is calculated taking into account the passage of different train categories (and the fact that not all categories have sound sources at all heights) and the passage of trains under different conditions (braking or not braking). The emission factor in octave band i is calculated following:>REFERENCE TO A GRAPHIC>where n is the number of train categories using the railway line under consideration,>REFERENCE TO A GRAPHIC>(resp.>REFERENCE TO A GRAPHIC>) is the emission term for non-braking (resp. braking) units for train in each train category (c = 1 to n), in octave band i, and at assessment height h (h = 0m, 0,5 m, 2 m, 4 m and 5 m - dependent on the train category) calculated as follows:>REFERENCE TO A GRAPHIC>>REFERENCE TO A GRAPHIC>where:->REFERENCE TO A GRAPHIC>and>REFERENCE TO A GRAPHIC>(resp.>REFERENCE TO A GRAPHIC>and>REFERENCE TO A GRAPHIC>): emission terms for train category c in non-braking (resp. braking) conditions, for octave band i, at height h.- Qc: mean number of non-braking units of the railway vehicle category concerned- Qbr,c: mean number of braking units of the railway vehicle category concerned- Vc: mean speed of passing non-braking railway vehicles- Vbr,c: mean speed of passing braking railway vehicles- bb: type of track/condition of the railway tracks- m: estimation of the occurrence of track disconnection- Cbb,i,m: correction for to track discontinuities and rail roughness3.3. Aircraft noise3.3.1. IntroductionFurther to a review of available databases, these guidelines provide in 3.3.2 a default recommendation for the computation of aircraft noise around airports using ECAC doc. 29 as modified following 2.4.As underlined in the introduction to these guidelines, the use of the default recommended data is not compulsory, and Member States may use other data that they consider appropriate, provided they are suitable for use with ECAC doc. 29.Furthermore, attention should be paid to ongoing initiatives relating to the establishment of an updated and internationally agreed database on civil aircraft noise. In particular, in the future, such a database may be provided jointly by Eurocontrol and the American Federal Aviation Authority.3.3.2. Default recommendationFor the computation of aircraft noise, further to a review of readily available databases, it has been found that the following documents (see below) provide complete data covering noise power distance data and performance data for most types of civil aircraft including the new low noise aircraft generation:- "ÖAL-Richtlinie 24-1 Lärmschutzzonen in der Umgebung von Flughäfen Planungs- und Berechnungsgrundlagen. Österreichischer Arbeitsring für Lärmbekämpfung Wien 2001"- "Neue zivile Flugzeugklassen für die Anleitung zur Berechnung von Lärmschutzbereichen (Entwurf), Umweltbundesamt, Berlin 1999"The data are based on a grouping of aircraft and contain LA,max-levels. The following formula allows calculation of SEL-values using pass-by duration as an additional parameter.SEL is calculated in dB from LA,max by>REFERENCE TO A GRAPHIC>& >REFERENCE TO A GRAPHIC>with T0 = 1 second and T in s expressed following:>REFERENCE TO A GRAPHIC>where:- A and B are constants which are different for take-off and approach and for different fixed-wing aircraft,- d is the slant distance in m (see 2.4.2),- V is the speed in m/s.The sound levels are given for take-off thrust and for landing thrust. Thrust reduction after take-off is addressed via sound level reductions ΔLξ given at certain heights and speeds.For each of the aircraft groups, default take-off-profiles are given with speed V and height H versus distance σ on the ground track from start-off-roll point and for greater distances with dH/dσ.The sound level data and the performance data are normalised for temperature 15°C, humidity 70 % and pressure 1013,25 HPa. They may be used for temperatures up to 30 °C and whenever the product of relative humidity and temperature is greater than 500.


Avis juridique important

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31992H0442

92/442/EEC: Council Recommendation of 27 July 1992 on the convergence of social protection objectives and policies

Official Journal L 245 , 26/08/1992 P. 0049 - 0052

COUNCIL RECOMMENDATION of 27 July 1992 on the convergence of social protection objectives and policies (92/442/EEC)THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the treaty establishing the European Economic Community, and in particular Article 235 thereof,  Having regard to the proposal from the Commission (1),  Having regard to the opinion of the European Parliament (2),  Having regard to the opinion of the Economic and Social Committee (3),  Whereas, under the terms of Article 118 of the Treaty, the Commission has as its task the promotion of close cooperation between Member States in the social field;  Whereas the Community Charter of the Fundamental Social Rights of Workers, adopted at the Strasbourg European Council on 9 December 1989 by the Heads of State or Government of 11 Member States, states in the 7th, 13 th and 16th recitals and in points  10, 24 and 25:  'Whereas the completion of the internal market must offer improvements in the social field for workers of the European Community, especially in terms of (. . .) social protection (. . .);' 'Whereas (the) aim (of this Charter) is (. . .) to declare solemnly that the implementation of the Single European Act must take full account of the social dimension of the Community and that it is necessary in this context to ensure at appropriate  levels the development of the social rights of workers of the European Community, especially employed workers and self-employed persons;' 'Whereas the solemn proclamation of fundamental social rights at European Community level may not, when implemented, provide grounds for any retrogression compared with the situation currently existing in each Member State;' 'According to the arrangements applying in each country:  10. Every worker of the European Community shall have a right to adequate social protection and shall, whatever his status and whatever the size of the undertaking in which he is employed, enjoy an adequate level of social security benefits.  Persons who have been unable either to enter or to re-enter the labour market and have no means of subsistence must be able to receive sufficient resources and social assistance in keeping with their particular situation.' 'According to the arrangements applying in each country:  24. Every worker of the European Community must, at the time of retirement, be able to enjoy resources affording him or her a decent standard of living.  25. Every person who has reached retirement age but who is not entitled to a pension or who does not have other means of subsistence must be entitled to sufficient resources and to medical and social assistance specifically suited to his needs.';  Whereas social protection is an essential instrument of solidarity among the inhabitants of each Member State, in the context of the general right of all to social protection;  Whereas the Commission in its action programme relating to the implementation of the Community Charter of the Fundamental Social Rights of Workers noted that differences in social security cover might act as a serious brake on the free movement of  workers and exacerbate regional imbalances, particularly between the north and the south of the Community; whereas, based on this, it has been proposed that a strategy be promoted for the convergence of Member States' policies in this field, underpinned  by objectives established in common, making it possible to overcome such disadvantages;  Whereas, having noted that comparable trends in most of the Member States may lead to common problems (in particular the ageing of the population, changing family situations, a persistently high level of unemployment and the spread of poverty and forms  of poverty), the Council proposed, at its meeting on 29 September 1989, that this de facto convergence should be further promoted by establishing common objectives as a guide for national policies;  Whereas the aim of this convergence strategy is to fix common objectives able to guide Member States' policies in order to permit the co-existence of different national systems and to enable them to progress in harmony with one another towards the  fundamental objectives of the Community;  Whereas the specific common objectives must act as pointers to the way in which these systems are modified to take account of protection needs, particularly those resulting from changes in the labour market, family structures and demographic trends;  Whereas this convergence seeks also to guarantee the continuation and stimulate the development of social protection within the context of the completion of the internal market; whereas this will facilitate the mobility of workers and their families  within the Community and whereas steps should be taken to ensure that this mobility is not impeded by too great a disparity in levels of social protection;  Whereas, because of the diversity of the schemes and their roots in national cultures, it is for Member States to determine how their social protection schemes should be framed and the arrangements for financing and organizing them;  Whereas this recommendation does not affect national and Community provisions on right of residence;  Whereas the social protection objectives laid down in this recommendation are without prejudice to each Member State's option to establish the principles and organization of its health system;  Whereas this action appears necessary in order to achieve, as part of the operation of the common market, one of the aims of the Community,  I. HEREBY RECOMMENDS THAT MEMBER STATES SHOULD:  A. allow their general policy in the area of social protection, without prejudice to the powers of the Member States to establish the principles and organizations of their own systems in the sectors concerned, to be guided by the following principles:  1. Taking account of the availability of funds, of priorities and balances within social protection systems and according to those systems' own organizational and funding procedures, social protection should attempt to fulfil the following tasks:  (a) in conformity with the principles enunciated in the Council Recommendation of 24 June 1992 on common criteria concerning sufficient resources and social assistance in social protection systems (4), to guarantee a level of resources in keeping with  human dignity;  (b) under conditions determined by each Member State, to give any person residing legally, within its territory, regardless of his or her resources, the chance to benefit from the system for the protection of human health existing in the Member State;  (c) to help to further the social integration of all persons legally resident within the territory of the Member State and the integration into the labour market of those who are in a position to exercise a gainful activity;  (d) to provide employed workers who cease work at the end of their working lives or are forced to interrupt their careers owing to sickness, accident, maternity, invalidity or unemployment, with a replacement income, fixed wither in the form of  flat-rate benefits, or benefits calculated in relation to their earnings in their previous occupation, which will maintain their standard of living in a reasonable manner in accordance with their participation in appropriate social security schemes;  (e) to examine the possibility of introducing and/or developing appropriate social protection for self-employed persons.  2. Social benefits should be granted in accordance with the following principles:  (a) equal treatment in such a way as to avoid any discrimination based on nationality, race, sex, religion, customs or political opinion, provided that applicants fulfil the conditions regarding length of membership and/or residence required to be  eligible for benefits;  (b) fairness, so that beneficiaries of social benefits will receive their share from improvements in the standard of living of the population as a whole, while taking account of priorities set at national level.  3. Social protection systems must endeavour to adopt to the development of behaviour and of family structures where this gives rise to the emergence of new social protection needs, related in particular to changes on the labour market and demographic  changes.  4. Finally, social protection systems must be administered with maximum efficiency having regard to the rights, needs and situations of those concerned, and with maximum effectiveness in terms of organization and functioning;  B. adapt and, where necessary, develop their social protection systems, without prejudice to the powers of the Member States to establish the principles and organization of their own systems in the sectors concerned in order progressively to attain the  following aims and to take the necessary measures to this end:  1. Sickness Organize the role of social protection in preventing illness and in treating and rehabilitating the persons concerned so as to meet the following objectives:  (a) under conditions determined by each Member State, to ensure for all persons legally resident within the territory of the Member State access to necessary health care as well as to facilities seeking to prevent illness;   (b) to maintain and, where necessary, develop a high-quality health-care system geared to the evolving needs of the population, and especially those arising from dependence of the elderly, to the development of pathologies and therapies and the need to  step up prevention;  (c) to organize where necessary the rehabilitation of convalescents, particularly following serious illness or an accident, and their subsequent return to work;  (d) to provide employed persons forced to interrupt their work owing to sickness with either flat-rate benefits or benefits calculated in relation to their earnings in their previous occupation, which will maintain their standard of living in a  reasonable manner in accordance with their participation in appropriate social security schemes.  2. Maternity (a) to organize for all women legally resident within the territory of the Member State coverage of the costs of treatment necessary due to pregnancy, childbirth and their consequences, subject to participation by the women concerned in appropriate  social security schemes and/or subject to cover by social assistance;  (b) to ensure that employed women who interrupt their work due to maternity enjoy appropriate social protection.  3. Unemployment (a) in accordance with the provisions of the recommendation of 24 June 1992 and subject to their active availability for work, to guarantee minimum means of subsistance for employed persons legally resident in the territory of the Member State;  (b) to make available to the unemployed, particularly to young people arriving on the job market and to the long-term unemployed, a range of measures against exclusion designed to foster their integration into the labour market, subject to their active  availability for work or for vocational training with a view to obtaining employment;  (c) to provide employed workers who have lost their jobs with either flate-rate benefits, or benefits calculated in relation to their earnings in their previous occupation, which will maintain their standard of living in a reasonable manner in  accordance with their participation in appropriate social security schemes subject to their active availability for work or for vocational training with a view to obtaining employment.  4. Incapacity for work (a) in accordance with the provisions of the recommendation of 24 June 1992, to guarantee minimum means of subsistence to disabled persons legally resident within the territory of the Member State;  (b) to foster the social and economic integration of persons suffering from a chronic illness or from a disability;  (c) to provide employed workers forced to reduce or interrupt work due to invalidity with either flat-rate benefits, or benefits calculated in relation to their earnings in their previous occupation, adjusted where appropriate according to the degree of  their incapacity, which will maintain their standard of living in a reasonable manner in accordance with their participation in appropriate social security schemes.  5. The elderly (a) in accordance with the provisions of the recommendation of 24 June 1992, to guarantee minimum means of subsistence to elderly persons legally resident within the territory of the Member State;  (b) to take appropriate social security measures, having regard to the specific needs of the elderly where they are dependent on care and services from outside;  (c) to take steps to combat the social exclusion of the elderly;  (d) having regard to specific national circumstances as regards unemployment and demographic conditions, to seek to remove obstacles to work for persons who have reached the minimum age at which entitlement to retirement pension begins;  (e) to put in place mechanisms to enable former employed workers who have retired with no gap in their working lives to benefit from a reasonable replacement income throughout their retirement, taking into account, where appropriate, statutory and  supplementary schemes, while maintaining a balance between the interests of the working population and those who have retired;  (f) for purposes of calculating pension rights, to reduce, in particular by opening up the possibility of voluntary contributions, the penalty for those workers who have gaps in their careers as a result of periods of illness, invalidity or long-term  unemployment, and for those who gave up work temporarily to bring up their children or, where appropriate, in accordance with national legislation, other dependants;  (g) to adapt pension schemes to the trend of behaviour and family structures;  (h) to promote, where necessary, changes to the conditions governing the acquisition of retirement and, especially, supplementary pension rights with a view to eliminating obstacles to the mobility of employed workers;  (i) in due course, to adapt pension schemes to demographic changes, while maintaining the basic role of statutory pension schemes.  6. Family (a) to develop benefits paid to:  - families with the greatest child-related costs, for example because of the number of children,  and/or - the most disadvantaged families;  (b) to contribute to fostering the integration of persons who, having brought up children, wish to enter the labour market;  (c) to help remove obstacles to occupational activity by parents through measures to reconcile family and professional responsibilities.  II. AND, TO THIS END, REQUESTS THE COMMISSION TO:  1. submit regular reports to the Council on progress achieved in relation to the objectives set out above and to determine and develop, in cooperation with the Member States, the use of appropriate criteria for that purpose;  2. organize regular consultation with the Member States on the development of social protection policy.  Done at Brussels, 27 July 1992.  For the Council The President N. LAMONT (1) OJ No C 194, 25. 7. 1991, p. 13.(2) OJ No C 67, 16. 3. 1992, p. 206.(3) OJ No C 40, 17. 2. 1992, p. 91.(4) See page 46 of this Official Journal.


title: Council Recommendation of 12 July 2011 on the National Reform Programme 2011 of Greece

text:
               20.7.2011

               EN

               Official Journal of the European Union

               C 213/12

         COUNCIL RECOMMENDATION
   of 12 July 2011
   on the National Reform Programme 2011 of Greece
   2011/C 213/04
   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 the recommendation of the European Commission,
   Having regard to the conclusions of the European Council,
   Having regard to the opinion of the Employment 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 (1), 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.

               (5)

               On 3 May 2010, Greece presented an encompassing adjustment programme supported by financial assistance provided by the euro-area Member States and the IMF amounting to EUR 110 billion. The accompanying Memorandum of Understanding and its successive supplements lay down the economic policy conditions on the basis of which the financial assistance is disbursed.

               (6)

               The key elements of policy conditionality have been enshrined in Council Decision 2010/320/EU of 10 May 2010 (2), and its subsequent amendements (3), addressed to Greece with a view to reinforcing and deepening fiscal surveillance and giving notice to Greece to take measures for the deficit reduction judged necessary to remedy the situation of excessive deficit under the provisions of Articles 136 and 126(9) of the Treaty.

               (7)

               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. Greece is expected to submit an updated Stability Programme and specific Euro Plus Pact commitments and actions for 2011 based on the updated economic adjustment programme.

               (8)

               Over the last decade, Greece's growth performance was based on unsustainable drivers: consumption and residential investment booms were accompanied by high real wage increases and rapid credit growth; low real interest rates associated with the adoption of the euro and financial market liberalisation fed the boom. The 2008-2009 global crisis exposed the vulnerabilities, including: unsustainable fiscal policies, partly hidden by unreliable statistics and temporarily high revenues; rigid labour and product markets; and loss of competitiveness and rising external debt. Though not in the beginning, the banking sector was affected by the economic and confidence crisis. The extent of the deterioration in the fiscal position was revealed late due to grave deficiencies in Greece's accounting and statistical systems. This delayed the implementation of corrective measures. As concerns about Greek fiscal sustainability arose and global risk aversion heightened, market sentiment vis-à-vis Greece worsened sharply in early 2010. In April 2010, Greece asked for international financial assistance as it was confronted with sizeable financing needs and not able to access international capital markets.

               (9)

               Greece committed itself to implementing the economic and financial adjustment programme with the aim of correcting fiscal and external imbalances and restoring confidence in the short-term. In the medium-term, it should lay the foundations for a growth model that relies more on investment and exports supporting growth and employment. The adjustment programme foresees comprehensive action on three fronts: (i) a frontloaded fiscal consolidation strategy, supported by structural fiscal measures and better fiscal control; (ii) structural reforms in the labour and product markets to address competitiveness and growth; and (iii) efforts to safeguard banking system stability.

               (10)

               The Commission has assessed the draft National Reform Programme. It has taken into account not only its relevance for sustainable fiscal and socio-economic policy in Greece but also its conformity with EU rules and guidance, given the need to strengthen the overall economic governance of the EU by providing EU level input into future national decisions. In this context, the Commission stresses the urgency of implementing the planned measures to comply with Decision 2010/320/EU,

         HEREBY RECOMMENDS that Greece:
   Fully implement the measures laid down in the Decision 2010/320/EU, as amended by Decision 2011/257/EU, and as further specified in the Memorandum of Understanding of 3 May 2010 and its subsequent supplements, in particular the last supplement of 2 July 2011.

      Done at Brussels, 12 July 2011.

            For the Council

            The President

         J. VINCENT-ROSTOWSKI

      (1)  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).

      (2)  OJ L 145, 11.6.2010, p. 6.

      (3)  Council Decision of 7 September 2010 (2010/486/EU), (OJ L 241, 14.9.2010, p. 12); Council Decision of 20 December 2010 (2011/57/EU), (OJ L 26, 29.1.2011, p. 15); Council Decision of 7 March 2011 (2011/257/EU), (OJ L 110, 29.4.2011, p. 26).


title: Commission Recommendation of 17 August 2006 on the presence of deoxynivalenol, zearalenone, ochratoxin A, T-2 and HT-2 and fumonisins in products intended for animal feeding   (Text with EEA relevance)

text:
               23.8.2006

               EN

               Official Journal of the European Union

               L 229/7

      COMMISSION RECOMMENDATION

   of 17 August 2006
   on the presence of deoxynivalenol, zearalenone, ochratoxin A, T-2 and HT-2 and fumonisins in products intended for animal feeding
   (Text with EEA relevance)
   (2006/576/EC)
   THE COMMISSION OF THE EUROPEAN COMMUNITIES,
   Having regard to the Treaty establishing the European Community, and in particular the second indent of Article 211 thereof,
   Whereas:

               (1)

               At the request of the Commission the European Food Safety Authority (EFSA) adopted opinions on the mycotoxins deoxynivalenol on 2 June 2004 (1), zearalenone on 28 July 2004 (2), ochratoxin A on 22 September 2004 (3) and fumonisins on 22 June 2005 (4).

               (2)

               Those opinions conclude that all four mycotoxins exhibit toxic effects in several animal species. Deoxynivalenol, zearalenone and fumonisin B1 and B2 are only to a very limited extent transferred from feed into meat, milk and eggs and therefore food of animal origin only contributes marginally to the total human exposure to these toxins. Ochratoxin A can be transferred from feed into food of animal origin but exposure assessments indicate that food of animal origin makes only a small contribution to the total human dietary exposure to ochratoxin A.

               (3)

               Data on the presence of T-2 and HT-2 toxins in products intended for animal feeding are at present very limited. There is also an urgent need for the development and validation of a sensitive method of analysis. However there are indications that the presence of T-2 and HT-2 in products intended for animal feeding could be a reason for concern. Therefore, it is necessary to develop a sensitive method of analysis, collect more occurrence data, and carry out further investigations and research into the factors involved in the presence of T-2 and HT-2 in cereal and cereal products, in particular in oats and oat products.

               (4)

               Taking into account the conclusions of the scientific opinions referred to in recital 1, and the lack of reliable data on T-2 and HT-2 toxins, together with the large year-to-year variation in occurrence of these mycotoxins, it is appropriate to collect more data on these mycotoxins in the different feed materials and feedingstuffs, in addition to the data already available from the coordinated control programmes for 2002 (5), 2004 (6) and 2005 (7).

               (5)

               To provide orientation to the Member States on the acceptability of cereals and cereal products and compound feed for animal feeding and to avoid disparities in the values accepted by the different Member States and the consequent risk of distortion of competition, it is appropriate to recommend guidance values.

               (6)

               Member States should only apply the guidance values for fumonisin B1 + B2 from 1 October 2007, so as to coincide with the rules laid down by Commission Regulation (EC) No 856/2005 of 6 June 2005 amending Regulation (EC) No 466/2001 as regards Fusarium toxins (8).

               (7)

               An assessment of the approach provided for by this Recommendation should be undertaken by 2009 in particular to assess its contribution towards protecting animal health. The monitoring data obtained as a result of this Recommendation will also enable a better understanding of the year–to-year variance and the presence of these mycotoxins in the wide range of by-products used for animal feed, which is of primary importance for taking, if necessary, further legislative measures.

         HEREBY RECOMMENDS:
   1.   Member States should, with the active involvement of feed business operators, increase monitoring for the presence of deoxynivalenol, zearalenone, ochratoxin A and fumonisin B1 + B2, T-2 and HT-2 toxin in cereals and cereal products intended for animal feeding and compound feedingstuffs.
   2.   Member States should ensure that samples are simultaneously analysed for the presence of deoxynivalenol, zearalenone, ochratoxin A, fumonisin B1 + B2 and T-2 and HT-2 toxin to allow the extent of co-occurrence to be assessed.
   3.   Member States should pay particular attention to the presence of those mycotoxins in by- or co-products from the production of food intended for animal feeding.
   4.   Member States should ensure that the analytical results are provided on a regular basis to the Commission for compilation into a single database.
   5.   Member States should ensure that the guidance values, as set out in the Annex, are applied for judging the acceptability of compound feed and cereal and cereal products for animal feeding. As regards fumonisin B1 + B2, Member States should apply these guidance values from 1 October 2007.
   6.   Member States should ensure, in particular, that feed business operators use in their Hazard Analysis and Critical Control Points (HACCP) system (9) the guidance values referred to in point 5 to determine the critical limits at critical control points which separate acceptability from unacceptability, for the prevention, elimination or reduction of identified hazards.
   In applying these guidance values, Member States should take into account the fact that the guidance values for cereals and cereal products have been determined for the most tolerant animal species and are therefore to be considered as upper guidance values.
   For feed for more sensitive animals, Member States should ensure that lower guidance values for cereals and cereal products are applied by feed manufacturers taking into account the sensitivity of the animal species and enabling compliance with the guidance values determined for compound feedingstuffs for these animal species.

      Done at Brussels, 17 August 2006.

            For the Commission

         Markos KYPRIANOU

            Member of the Commission

      (1)  Opinion of the Scientific Panel on contaminants in the Food Chain of the European Food Safety Authority (EFSA) on a request from the Commission related to deoxynivalenol as undesirable substance in animal feed, adopted on 2 June 2004.
   http://www.efsa.europa.eu/etc/medialib/efsa/science/contam/contam_opinions/478.Par.0005.File.dat/opinion05_contam_ej73_deoxynivalenol_v2_en1.pdf

      (2)  Opinion of the Scientific Panel on contaminants in the Food Chain of the European Food Safety Authority (EFSA) on a request from the Commission related to zearalenone as undesirable substance in animal feed, adopted on 28 July 2004.
   http://www.efsa.europa.eu/etc/medialib/efsa/science/contam/contam_opinions/527.Par.0004.File.dat/opinion_contam06_ej89_zearalenone_v3_en1.pdf

      (3)  Opinion of the Scientific Panel on contaminants in the Food Chain of the European Food Safety Authority (EFSA) on a request from the Commission related to ochratoxin A as undesirable substance in animal feed, adopted on 22 September 2004.
   http://www.efsa.europa.eu/etc/medialib/efsa/science/contam/contam_opinions/645.Par.0001.File.dat/opinion_contam09_ej101_ochratoxina_en1.pdf

      (4)  Opinion of the Scientific Panel on contaminants in the Food Chain of the European Food Safety Authority (EFSA) on a request from the Commission related to fumonisins as undesirable substance in animal feed, adopted on 22 June 2005.
   http://www.efsa.europa.eu/etc/medialib/efsa/science/contam/contam_opinions/1037.Par.0001.File.dat/contam_op_ej235_fumonisins_en1.pdf

      (5)  Commission Recommendation 2002/214/EC of 12 March 2002 on the coordinated inspection programmes in the field of animal nutrition for the year 2002 in accordance with Council Directive 95/53/EC (OJ L 70, 13.3.2002, p. 20).

      (6)  Commission Recommendation 2004/163/EC of 17 February 2004 on the coordinated inspection programme in the field of animal nutrition for the year 2004 in accordance with Council Directive 95/53/EC (OJ L 52, 21.2.2004, p. 70).

      (7)  Commission Recommendation 2005/187/EC of 2 March 2005 on the coordinated inspection programme in the field of animal nutrition for the year 2005 in accordance with Council Directive 95/53/EC (OJ L 62, 9.3.2005, p. 22).

      (8)  OJ L 143, 7.6.2005, p. 3.

      (9)  Regulation (EC) No 183/2005 of the European Parliament and of the Council (OJ L 35, 8.2.2005, p. 1).

      ANNEX
      GUIDANCE VALUES

                  Mycotoxin

                  Products intended for animal feed

                  Guidance value in mg/kg (ppm) relative to a feedingstuff with a moisture content of 12 %

                  Deoxynivalenol

                  Feed materials (1)

                              —

                              Cereals and cereal products (2) with the exception of maize by-products

                  8

                              —

                              Maize by-products

                  12

                  Complementary and complete feedingstuffs with the exception of:

                  5

                              —

                              complementary and complete feedingstuffs for pigs

                  0,9

                              —

                              complementary and complete feedingstuffs for calves (< 4 months), lambs and kids

                  2

                  Zearalenone

                  Feed materials (1)

                              —

                              Cereals and cereal products (2) with the exception of maize by-products

                  2

                              —

                              Maize by-products

                  3

                  Complementary and complete feedingstuffs

                              —

                              Complementary and complete feedingstuffs for piglets and gilts (young sows)

                  0,1

                              —

                              Complementary and complete feedingstuffs for sows and fattening pigs

                  0,25

                              —

                              Complementary and complete feedingstuffs for calves, dairy cattle, sheep (including lamb) and goats (including kids)

                  0,5

                  Ochratoxin A

                  Feed materials (1)

                              —

                              Cereals and cereal products (2)

                  0,25

                  Complementary and complete feedingstuffs

                              —

                              Complementary and complete feedingstuffs for pigs

                  0,05

                              —

                              Complementary and complete feedingstuffs for poultry

                  0,1

                  Fumonisin B1 + B2

                  Feed materials (1)

                              —

                              maize and maize products (3)

                  60

                  Complementary and complete feedingstuffs for:

                              —

                              pigs, horses (Equidae), rabbits and pet animals

                  5

                              —

                              fish

                  10

                              —

                              poultry, calves (< 4 months), lambs and kids

                  20

                              —

                              adult ruminants (> 4 months) and mink

                  50

         (1)  Particular attention has to be paid to cereals and cereals products fed directly to the animals that their use in a daily ration should not lead to the animal being exposed to a higher level of these mycotoxins than the corresponding levels of exposure where only the complete feedingstuffs are used in a daily ration.

         (2)  The term ‘Cereals and cereal products’ includes not only the feed materials listed under heading 1 ‘Cereal grains, their products and by-products’ of the non-exclusive list of main feed materials referred to in part B of the Annex to Council Directive 96/25/EC of 29 April 1996 on the circulation and use of feed materials (OJ L 125, 23.5.1996, p. 35) but also other feed materials derived from cereals in particular cereal forages and roughages.

         (3)  The term ‘Maize and maize products’ includes not only the feed materials derived from maize listed under heading 1 ‘Cereal grains, their products and by-products’ of the non-exclusive list of main feed materials referred to in the Annex, part B of Directive 96/25/EC but also other feed materials derived from maize in particular maize forages and roughages.