title: Council Recommendation of 14 July 2015 on the 2015 National Reform Programme of Luxembourg and delivering a Council opinion on the 2015 Stability Programme of Luxembourg

text:
               18.8.2015

               EN

               Official Journal of the European Union

               C 272/73

         COUNCIL RECOMMENDATION
   of 14 July 2015
   on the 2015 National Reform Programme of Luxembourg and delivering a Council opinion on the 2015 Stability Programme of Luxembourg
   (2015/C 272/19)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Articles 121(2) and 148(4) thereof,
   Having regard to Council Regulation (EC) No 1466/97 of 7 July 1997 on the strengthening of the surveillance of budgetary positions and the surveillance and coordination of economic policies (1), and in particular Article 5(2) thereof,
   Having regard to the recommendation of the European Commission,
   Having regard to the resolutions of the European Parliament,
   Having regard to the conclusions of the European Council,
   Having regard to the opinion of the Employment Committee,
   Having regard to the opinion of the Economic and Financial Committee,
   Having regard to the opinion of the Social Protection Committee,
   Having regard to the opinion of the Economic Policy Committee,
   Whereas:

               (1)

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

               (2)

               On 14 July 2015, the Council, on the basis of the Commission's proposals, adopted a Recommendation on the broad guidelines for the economic policies of the Member States and the Union and, on 21 October 2010, it adopted a decision on guidelines for the employment policies of the Member States (2). Together these form the ‘integrated guidelines’ which Member States were invited to take into account in their national economic and employment policies.

               (3)

               On 8 July 2014, the Council adopted a Recommendation (3) on Luxembourg's National Reform Programme for 2014 and delivered its opinion on Luxembourg's updated Stability Programme for 2014. On 28 November 2014, in line with Regulation (EU) No 473/2013 of the European Parliament and of the Council (4), the Commission presented its opinion on Luxembourg's draft budgetary plan for 2015.

               (4)

               On 28 November 2014, the Commission adopted the Annual Growth Survey, marking the start of the 2015 European Semester for economic policy coordination. On the same day, on the basis of Regulation (EU) No 1176/2011 of the European Parliament and of the Council (5), the Commission adopted the Alert Mechanism Report, in which Luxembourg was not identified as one of the Member States for which an in-depth review would be carried out.

               (5)

               On 18 December 2014, the European Council endorsed the priorities for fostering investment, intensifying structural reforms and pursuing responsible growth-friendly fiscal consolidation.

               (6)

               On 26 February 2015, the Commission published its 2015 country report for Luxembourg. This assessed Luxembourg's progress in addressing the country-specific recommendations adopted on 8 July 2014.

               (7)

               On 30 April 2015, Luxembourg submitted its 2015 National Reform Programme and its 2015 Stability Programme. In order to take account of their interlinkages, the two programmes have been assessed at the same time.

               (8)

               Luxembourg is currently in the preventive arm of the Stability and Growth Pact. In its 2015 Stability Programme, the Government plans to bring down the headline surplus from 0,6 % of GDP in 2014 to 0,1 % of GDP in 2015. Thereafter, it plans to raise it again to 0,9 % of GDP in 2018. The Government plans to remain at the medium-term objective — a structural surplus of 0,5 % of GDP — throughout the programme period. According to the Stability Programme, the Government plans to keep the government debt-to-GDP ratio well below the 60 % Treaty reference value. The debt ratio is expected to hover around 24 % throughout the programme period, peaking slightly above 24 % in 2016 and declining to below 24 % of GDP by 2019. The macroeconomic scenario underpinning these budgetary projections is favourable in 2015 and plausible thereafter. However, from 2016 onwards there are risks to the implementation of the budgetary measures. The Commission's 2015 spring forecast expects the structural balance to remain at the medium-term objective in 2015 and 2016. Based on its assessment of the Stability Programme and taking into account the Commission's 2015 spring forecast, the Council is of the opinion that Luxembourg is expected to comply with the provisions of the Stability and Growth Pact. The fiscal framework of Luxembourg has been significantly strengthened with the adoption of the medium-term budgetary framework and the setting-up of the fiscal council. Nevertheless, significant weaknesses should be tackled in terms of the regular publication of intra-annual fiscal statistics, which is an essential element for real-time monitoring of budgetary developments.

               (9)

               The expected drop in consumption tax revenues due to the change in regulation related to e-commerce highlights the fragility of at least one part of fiscal revenues. To better ensure their predictability, there is scope for further broadening the tax base and harmonising taxation, in particular by revisiting the currently low taxation on housing property, and making greater use of alternative sources, including environmental taxation. Preparatory work on a comprehensive tax reform (for entry into force in 2017) has been launched.

               (10)

               The long-term sustainability of public finances is threatened by the growth in pension expenditure, despite recent reform of the system, and by the steady increase in long-term care outlays. Long-term care insurance is projected to run a deficit in 2015 (6) and its reserves are expected to gradually reduce with the result that already in 2017 they will fall below the legal minimum of 10 % of expenses. Some measures with saving potential were adopted in the 2015 budget (7). However, the planned reform of long-term care insurance, which aims at providing people in need of long-term care with an adequate level of services and securing the corresponding financing, has not yet been translated into legislation. The 2012 pension system reform was not ambitious enough, as it addressed only partially the large gap between the statutory and the effective retirement age. Several avenues for early retirement persist. The participation of older workers in the labour market remains very low compared to other Member States. Draft legislation linked to the pension reform and amending the Code of Work (Age Pact) has been prepared. It comprises a package of measures that aims to keep older workers in employment.

               (11)

               The Luxembourg economy is characterised by a sizeable divergence of labour productivity across economic sectors, with productivity in the financial sector twice as high as that in the non-financial sectors. This implies that greater variation in sectoral real wages, in line with sectoral labour productivity, could support the reallocation of labour towards emerging competitive sectors or sectors that are suffering from cost-competitiveness losses. Barriers remain to the necessary sectoral wage adjustments in the long term.

               (12)

               Despite generally well-performing labour markets and high tertiary education attainment rates, employment rates are comparatively low for older workers, women and low-skilled young people. There remain institutional obstacles to effective activation policies. Within the public employment service, an important reform is advancing to provide individual guidance to jobseekers, which the Government intends to complete by the end of 2015. The draft vocational education and training reform and the secondary school reform to improve educational outcomes, in particular for those with a disadvantaged socioeconomic background, have not been adopted. The announced measures on maternity and education allowances and the planned reform of parental leave can be expected to contribute to increasing the labour market participation of women. Disincentives for second-earners to work arise from the ‘joint taxation’ system and from the design of the social benefit system. Despite high tertiary education attainment rates, education outcomes remain unsatisfactory, and alleviating the situation of people from migrant backgrounds and low-skilled young people remains difficult. Labour market supply challenges related to institutional factors and to the design of the social benefit system persist and are the source of labour market problems.

               (13)

               In the context of the European Semester, the Commission has carried out a comprehensive analysis of Luxembourg's economic policy and published it in the 2015 country report. It has also assessed the Stability Programme and the National Reform Programme and the follow-up given to the recommendations addressed to Luxembourg in previous years. It has taken into account not only their relevance for sustainable fiscal and socioeconomic policy in Luxembourg but also their compliance with EU rules and guidance, given the need to strengthen the overall economic governance of the Union by providing EU-level input into future national decisions. The recommendations under the European Semester are reflected in recommendations 1 to 3 below.

               (14)

               In the light of this assessment, the Council has examined the Stability Programme, and is of the opinion (8) that Luxembourg complies with the Stability and Growth Pact.

               (15)

               In the context of the European Semester, the Commission has also carried out an analysis of the economic policy of the euro area as a whole. On the basis of this analysis, the Council has issued specific recommendations addressed to the Member States whose currency is the euro (9). As a country whose currency is the euro, Luxembourg should also ensure the full and timely implementation of these recommendations,

         HEREBY RECOMMENDS that Luxembourg take action in 2015 and 2016 to:

               1.

               Broaden the tax base, in particular on consumption, recurrent property taxation and environmental taxation.

               2.

               Close the gap between the statutory and effective retirement age, by limiting early retirement and by linking statutory retirement age to life expectancy.

               3.

               Reform the wage-setting system, in consultation with the social partners and in accordance with national practices, with a view to ensuring that wages evolve in line with productivity, in particular at sectoral level.

      Done at Brussels, 14 July 2015.

            For the Council

            The President

         P. GRAMEGNA

      (1)  OJ L 209, 2.8.1997, p. 1.

      (2)  Maintained by Council Decision 2014/322/EU of 6 May 2014 on guidelines for the employment policies of the Member States for 2014 (OJ L 165, 4.6.2014, p. 49).

      (3)  Council Recommendation of 8 July 2014 on the National Reform Programme 2014 of Luxembourg and delivering a Council opinion on the Stability Programme of Luxembourg, 2014 (OJ C 247, 29.7.2014, p. 72).

      (4)  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).

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

      (6)  CNS, Budget de l'Assurance Dépendance, exercise 2015, available at http://cns.lu/files/publications/Budget_AD_2015.pdf

      (7)  Measures 255 and 256 of the 2015 Budget, available at http://www.budget.public.lu/

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

      (9)  OJ C 272, 18.8.2015, p. 98.


title: Commission Recommendation of 30 May 2008 on risk reduction measures for the substances: trichloroethylene, benzene, and 2-methoxy-2-methylbutane (TAME) (notified under document number C(2008) 2271) (Text with EEA relevance)

text:
               21.6.2008

               EN

               Official Journal of the European Union

               L 162/34

      COMMISSION RECOMMENDATION

   of 30 May 2008
   on risk reduction measures for the substances: trichloroethylene, benzene, and 2-methoxy-2-methylbutane (TAME)
   (notified under document number C(2008) 2271)
   (Text with EEA relevance)
   (2008/471/EC)
   THE COMMISSION OF THE EUROPEAN COMMUNITIES,
   Having regard to the Treaty establishing the European Community,
   Having regard to Council Regulation (EEC) No 793/93 of 23 March 1993 on the evaluation and control of the risks of existing substances (1) and in particular Article 11(2) thereof,
   Whereas:

               (1)

               In the framework of Regulation (EEC) No 793/93 the following substances have been identified as priority substances for evaluation in accordance with Commission Regulations (EC) No 1179/94 (2) and (EC) No 2364/2000 (3) respectively concerning the first and the fourth list of priority substances as foreseen under Regulation (EEC) No 793/93:

                           —

                           trichloroethylene,

                           —

                           benzene,

                           —

                           2-methoxy-2-methylbutane (TAME).

               (2)

               The rapporteur Member States designated pursuant to those Regulations have completed the risk evaluation activities with regard to man and the environment for those substances in accordance with Commission Regulation (EC) No 1488/94 of 28 June 1994 laying down the principles for the assessment of risks to man and the environment of existing substances in accordance with Council Regulation (EEC) No 793/93 (4) and have suggested a strategy for limiting the risks.

               (3)

               The Scientific Committee on Toxicity, Ecotoxicity and the Environment (SCTEE) and the Scientific Committee on Health and Environmental Risks (SCHER) have been consulted and have issued opinions with respect to the risk evaluations carried out by the rapporteurs. The opinions have been published on the website of the Scientific Committees.

               (4)

               The results of the risk evaluation and further results of the strategies for limiting the risks are set out in the corresponding Commission Communication (5).

               (5)

               It is appropriate, on the basis of that evaluation, to recommend certain risk reduction measures for certain substances.

               (6)

               The risk reduction measures recommended for workers should be considered within the framework of the legislation for workers protection, which is considered to provide an adequate framework to limit the risks of the relevant substances to the extent needed.

               (7)

               The risk reduction measures provided for in this recommendation are in accordance with the opinion of the Committee set up pursuant to Article 15(1) of Regulation (EEC) No 793/93,

         HEREBY RECOMMENDS:
   SECTION 1
   TRICHLOROETHYLENE

         (CAS No 79-01-6; Einecs No 201-167-4)

   Risk reduction measures for workers (1)

               1.

               A voluntary agreement should be considered with the European Chlorinated Solvents Association on behalf of European producers of the substance, their distributors and customers, restricting the sale of the substance to purchasers who comply with the Charter for the safe use of trichloroethylene in metal cleaning. This Charter requires that users may only use trichloroethylene for metal cleaning in sealed or enclosed systems as defined in Part 4 of European Standard EN 12921, and is subject to third-party monitoring of compliance.

         SECTION 2
   BENZENE

         (CAS No 71-43-2; Einecs No 200-753-7)

   Risk reduction measures for the environment (2, 3, 4 and 5)

               2.

               For the elimination of potential risks to industrial wastewater treatment plants at benzene production and/or processing sites it is recommended that competent authorities in the Member States concerned lay down conditions, emission limit values or equivalent parameters or technical measures regarding benzene in the permits issued under Council Directive 2008/1/EC of the European Parliament and of the Council (6) (Integrated Pollution Prevention and Control) in order to operate according to the best available techniques taking into account the technical characteristic of the installations concerned, their geographical location and the local environmental conditions.

               3.

               Member States should carefully monitor the implementation of BAT regarding benzene and report any important developments to the Commission in the framework of the exchange of information on BAT.

               4.

               To facilitate permitting and monitoring under Directive 2008/1/EC (Integrated Pollution Prevention and Control) benzene should be included in the ongoing work to develop guidance on ‘Best Available Techniques’ (BAT).

               5.

               Exposure of microorganisms in industrial wastewater treatment plants should, where necessary, be controlled by national rules to ensure that no risk for the microorganisms and the environment is expected.

         SECTION 3
   2-METHOXY-2-METHYLBUTANE (TAME)

         (CAS No 994-05-8; Einecs No 213-611-4)

   Risk reduction measures for the environment (6-11)

               6.

               The prevention of all anthropogenic inputs, including TAME, to groundwater is a key objective of current Community legislation (7). It is recommended therefore that monitoring programmes be undertaken, where appropriate, in order to permit the early detection of groundwater contaminated by TAME.

               7.

               It is further recommended that the best available techniques be widely applied for the construction and operation of petrol underground storage and distribution facilities at service stations. In this regard Member States should consider mandatory requirements especially for all service stations in groundwater recharge areas.

               8.

               The competent authorities in the Member States concerned should lay down, in the permits issued under Directive 2008/1/EC, conditions, emission limit values or equivalent parameters or technical measures regarding TAME in order for installations concerned to operate according to the best available techniques (BAT) taking into account the technical characteristic of the installations concerned, their geographical location and the local environmental conditions.

               9.

               Member States should carefully monitor the implementation of BAT regarding TAME and report any important developments to the Commission in the framework of the exchange of information on BAT.

               10.

               Local emissions to the surface water should, where necessary, be controlled by national rules to ensure that no risk for the environment is expected.

               11.

               The risk reduction measures recommended to protect the groundwater are considered sufficient to protect humans via the environment.

         SECTION 4
   ADDRESSEES

               12.

               This Recommendation is addressed to all sectors importing, producing, transporting, storing, formulating into a preparation or other processing, using, disposing or recovering the substances and to the Member States.

      Done at Brussels, 30 May 2008.

            For the Commission

         Stavros DIMAS

            Member of the Commission

      (1)  OJ L 84, 5.4.1993, p. 1. Regulation as amended by Regulation (EC) No 1882/2003 of the European Parliament and of the Council (OJ L 284, 31.10.2003, p. 1).

      (2)  OJ L 131, 26.5.1994, p. 3.

      (3)  OJ L 273, 26.10.2000, p. 5.

      (4)  OJ L 161, 29.6.1994, p. 3.

      (5)  OJ C 157, 21.6.2008, p. 1.

      (6)  OJ L 24, 29.1.2008, p. 8.

      (7)  Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000 establishing a framework for Community action in the field of water policy (OJ L 327, 22.12.2000, p. 1).


Avis juridique important

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32001H0206

Council Recommendation of 12 March 2001 concerning the discharge to be given to the Commission in respect of the implementation of the operations of the European Development Fund (1989) (Seventh EDF) for the financial year 1999

Official Journal L 073 , 15/03/2001 P. 0036 - 0036

Council Recommendationof 12 March 2001concerning the discharge to be given to the Commission in respect of the implementation of the operations of the European Development Fund (1989) (Seventh EDF) for the financial year 1999(2001/206/EC)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community,Having regard to the Fourth ACP-EC Convention, signed at Lomé on 15 December 1989, as amended by the Agreement signed at Mauritius on 4 November 1995,Having regard to Council Decision 91/482/EEC of 25 July 1991 on the association of the overseas countries and territories with the European Economic Community(1),Having regard to the Internal Agreement on the financing and administration of Community aid(2), signed in Brussels on 16 July 1990, and in particular Article 33(3) thereof,Having regard to the Financial Regulation of 29 July 1991 applicable to the Seventh European Development Fund(3), and in particular Articles 69 to 77 thereof,Having examined the revenue and expenditure account and the balance sheet relating to the operations of the European Development Fund (1989) (Seventh EDF) as at 31 December 1999 and the Court of Auditors' report relating to the financial year 1999 together with the Commission's replies(4),Whereas:Pursuant to Article 33(3) of the Internal Agreement, the discharge for the management of the European Development Fund (1989) (Seventh EDF) must be given to the Commission by the European Parliament on a recommendation from the Council.The overall implementation by the Commission of the operations of the European Development Fund (1989) (Seventh EDF) during the financial year 1999 has been satisfactory,HEREBY RECOMMENDS that the European Parliament give the Commission a discharge in respect of the implementation of the operations of the European Development Fund (1989) (Seventh EDF) for the financial year 1999.Done at Brussels, 12 March 2001.For the CouncilThe PresidentB. Ringholm(1) OJ L 263, 19.9.1991, p. 1.(2) OJ L 229, 17.8.1991, p. 288.(3) OJ L 266, 21.9.1991, p. 1.(4) OJ C 342, 1.12.2000, p. 205.


Avis juridique important

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31989K3979

Commission Recommendation No 3979/89/ECSC of 20 December 1989 on Community surveillance of imports of certain iron and steel products covered by the ECSC Treaty and originating in non-member countries

Official Journal L 380 , 29/12/1989 P. 0017 - 0020

*****COMMISSION  RECOMMENDATION No 3979/89/ECSC  of 20 December 1989  on Community surveillance of imports of certain iron and steel products covered by the ECSC Treaty and originating in non-member countries  THE COMMISSION OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Coal and Steel Community, and in particular Article 74 thereof,  Whereas by recommendation No 256/89/ECSC (1), the Commission subjected to a Community monitoring system the imports into the Community of certain iron and steel products covered by the Treaty establishing the European Coal and Steel Community;  Whereas the reasons which originally led the Commission to introduce this measure continue to apply and the said surveillance system should therefore be continued and extended so as to provide more detailed information on foreseeable imports and the terms and conditions of such imports,  MAKES THE FOLLOWING RECOMMENDATION:  Article 1  1. The release for free circulation in the Community of iron and steel products covered by the ECSC Treaty, listed in Annex III and originating in non-member countries, shall be subject to the issue of an import document.  2. The products referred to in paragraph 1 shall be considered as being of first-choice quality until proof to the contrary is supplied by the importer.  3. The import document shall be issued or endorsed by the Member States, free of charge and for any quantities requested, upon receipt of the application and in any case within not more than 10 working days from the submission of the completed application and presentation of two duplicates of the relevant purchase contract(s) and the vendor's order confirmation(s). The originals of these documents as well as the pro forma invoice must be produced if required by the licence-issuing authority.  4. Paragraph 1 shall apply without prejudice to the maintenance of existing quantitative restrictions imposed by the Member States on certain iron and steel products in respect of certain non-member countries.  5. The period of validity of the import document is hereby fixed at three months, without prejudice to possible changes in the import arrangements in force.  Article 2  1. The importer's application must state:  (a) the name, address, occupation, telephone number and telex number of the importer;  (b) the description of the goods and the CN code (2);  (c) the country of origin;  (d) the country of consignment;  (e) the net weight, by individual lots;  (f) the currency and value invoiced (cif or daf);  (g) the proposed date and place of customs clearance;  (h) where necessary, the precise characteristics establishing any claim that the goods are seconds or of substandard quality.  2. The following additional information shall also be supplied by the importer:  A. For goods originating in and consigned direct from one of the countries listed in Annex I (direct importation):  (a) a full commercial description of the goods, including exact specifications and, where appropriate, declaration of the goods as seconds or of their possible use in shipbuilding, details of the exporter and place of delivery;  (b) the delivered price per tonne, exclusive of VAT, including transport costs from the basing point to point of delivery and all extras or rebates;  (c) particulars of:  (i) the price lists of the producer in the non-member country of origin, chosen for calculating the delivered price, including the date of the chosen lists,  or  (ii) the Community producer's price lists chosen for calculating the delivered price, including the date of the chosen lists,  or  (iii) where appropriate, the non-member country offer on which the terms of the delivery have been aligned, in sufficient detail to identify the offer and including the date.  B. For goods originating in and consigned direct from one of the countries listed in Annex II (direct importation):  (a) a full commercial description of the products, including exact specifications and, where appropriate, declaration of the goods as seconds or of their possible use in shipbuilding, details of the exporter and place of delivery;  (b) the delivered price per tonne, exclusive of VAT, including transport costs to point of delivery and all extras, rebates and any other factors relevant to calculation of the delivered price;  (c) particulars of:  (i) the Community producer's price lists chosen for calculating the delivered price, including the date of the chosen lists,  or  (ii) where appropriate, the non-member country offer on which the terms of the delivery have been aligned, in sufficient detail to identify the offer and including its date;  (d) for goods falling within CN code 7201, the name and address of the final purchaser, where known.  C. For goods originating in one of the countries listed in Annex I or II but consigned from any non-member country other than the country of origin (indirect importation), and for goods originating in a non-member country not listed in Annex I or II:  (a) a complete description corresponding to that appearing in the list of products subject to the basic prices in force and details of the exporter and the place of delivery;  (b) the cif or daf price at the Community frontier, per tonne, in the currency of the contract, plus customs duties applicable and unloading costs.  (c) for goods falling within CN code 7201, the name and address of the final purchaser, where known.  3. The importer shall declare that neither he nor the purchaser will be granted any reduction, rebate or other form of refund not mentioned in the contract for the transaction, either at the time of the transaction or subsequently.  4. The importer shall certify that his application for an import document is accurate.  5. The importer shall state whether his application is a repeat of a previous application concerning the same delivery.  Article 3  1. When an import document for goods originating in the countries listed in Annex I or II is granted, the Member States shall notify the Commission of any differences between:  - the delivered price calculated on the basis of the reference price list, and  - the delivered price calculated on the basis of the contract or the pro forma invoice.  They shall also furnish all necessary documents, in particular the duplicates of import licence applications, purchase contracts and vendor's order confirmations, whenever the price difference noted is considerable or relates to a large quantity.  2. When an import document is granted for goods:  - originating in non-member countries other than those listed in Annex I or II,  - originating in a country listed in Annex I or II, but consigned from a non-member country other than the country of origin (indirect importation),  Member States shall inform the Commission of any difference, in ecus per tonne, between:  - the basic price as published in the Official Journal of the European Communities, and  - the cif or daf price at the Community frontier, including customs duties applicable and unloading costs.  3. Within the first 10 days of each month, Member States shall notify the Commission of the tonnage and values (calculated on the basis of the cif or daf prices) for which import documents were issued during the preceding month.  4. The information supplied by Member States shall include:  (a) a breakdown by country of origin;  (b) a breakdown by product (combined nomenclature) for each country of origin;  (c) for each country of origin, the quantities of products declared as being seconds or of substandard quality;  (d) within the total of any one product originating in any one country, the quantities not imported direct from that country and, in such cases, and indication of the country of consignment. 5. Within the first 10 days of each month, Member States shall notify to the Commission:  (a) the tonnage and the values (calculated on the basis of the cif or daf price) for which import documents expired during the preceding month without having been fully or partially used;  (b) the tonnage and the values (calculated on the basis of the cif or daf price) for which previously issued import documents were renewed in whole or in part in the preceding month.  Article 4  This recommendation shall apply from 1 January to 31 December 1990.  Done at Brussels, 20 December 1989.  For the Commission  Frans ANDRIESSEN  Vice-President  (1) OJ No L 30, 1. 2. 1989, p. 49.  (2) OJ No L 256, 7. 9. 1987.  ANNEX I  Austria  Finland  Norway  Sweden  ANNEX II  1.2 // Brazil   // Poland   // Bulgaria   // Romania  // Czechoslovakia   // Hungary  ANNEX III  1.2.3.4.5.6 //  //  //  //  //  //  // 7201 10 11 7201 10 19 7201 10 30 7201 10 90 7201 20 00 7201 30 10 7201 30 90 7201 40 00 7202 11 10 7202 11 90 7202 99 11 7203 90 00 7204 50 10 7204 50 90 7206 10 00 7206 90 00 7207 11 11 7207 11 19 7207 12 11 7207 12 19 7207 19 11 7207 19 15 7207 19 31 7207 20 11 7207 20 15 7207 20 17 7207 20 31 7207 20 33 7207 20 51 7207 20 55 7207 20 57 7207 20 71 7208 11 00 7208 12 10 7208 12 91 7208 12 99 7208 13 10 7208 13 91 7208 13 99 7208 14 10 7208 14 90 7208 21 10 7208 21 90 7208 22 10 7208 22 91  // 7208 22 99 7208 23 10 7208 23 91 7208 23 99 7208 24 10 7208 24 90 7208 31 00 7208 32 10 7208 32 30 7208 32 51 7208 32 59 7208 32 91 7208 32 99 7208 33 10 7208 33 91 7208 33 99 7208 34 10 7208 34 90 7208 35 10 7208 35 91 7208 35 93 7208 35 99 7208 41 00 7208 42 10 7208 42 30 7208 42 51 7208 42 59 7208 42 91 7208 42 99 7208 43 10 7208 43 91 7208 43 99 7208 44 10 7208 44 90 7208 45 10 7208 45 91 7208 45 93 7208 45 99 7208 90 10 7209 11 00 7209 12 10 7209 12 90 7209 13 10 7209 13 90 7209 14 10 7209 14 90 7209 21 00 7209 22 10 7209 22 90 7209 23 10  // 7209 23 90 7209 24 10 7209 24 91 7209 24 99 7209 31 00 7209 32 10 7209 32 90 7209 33 10 7209 33 90 7209 34 10 7209 34 90 7209 41 00 7209 42 10 7209 42 90 7209 43 10 7209 43 90 7209 44 10 7209 44 90 7209 90 10 7210 11 10 7210 12 11 7210 12 19 7210 20 10 7210 31 10 7210 39 10 7210 41 10 7210 49 10 7210 50 10 7210 60 11 7210 60 19 7210 70 11 7210 70 19 7210 90 31 7210 90 33 7210 90 35 7210 90 39 7211 11 00 7211 12 10 7211 12 90 7211 19 10 7211 19 91 7211 19 99 7211 21 00 7211 22 10 7211 22 90 7211 29 10 7211 29 91 7211 29 99 7211 30 10  // 7211 41 10 7211 41 91 7211 49 10 7211 90 11 7212 10 10 7212 10 91 7212 21 11 7212 29 11 7212 30 11 7212 40 10 7212 40 91 7212 50 31 7212 50 51 7212 60 11 7212 60 91 7213 10 00 7213 20 00 7213 31 00 7213 39 00 7213 41 00 7213 49 00 7213 50 00 7214 20 00 7214 30 00 7214 40 10 7214 40 91 7214 40 99 7214 50 10 7214 50 91 7214 50 99 7214 60 00 7215 90 10 7216 10 00 7216 21 00 7216 22 00 7216 31 00 7216 32 00 7216 33 00 7216 40 10 7216 40 90 7216 50 10 7216 50 90 7216 90 10 7218 10 00 7218 90 11  // 7218 90 13 7218 90 15 7218 90 19 7218 90 50 7219 11 10 7219 11 90 7219 12 10 7219 12 90 7219 13 10 7219 13 90 7219 14 10 7219 14 90 7219 21 10 7219 21 90 7219 22 10 7219 22 90 7219 23 10 7219 23 90 7219 24 10 7219 24 90 7219 31 10 7219 31 90 7219 32 10 7219 32 90 7219 33 10 7219 33 90 7219 34 10 7219 34 90 7219 35 10 7219 35 90 7219 90 11 7219 90 19 7220 11 00 7220 12 00 7220 20 10 7220 90 11 7220 90 31 7221 00 10 7221 00 90 7222 10 11 7222 10 19 7222 10 91 7222 10 99 7222 30 10 7222 40 11 7222 40 19 7222 40 30  // 7224 10 00 7224 90 11 7224 90 30 7225 10 10 7225 10 91 7225 10 99 7225 20 11 7225 20 19 7225 20 30 7225 30 00 7225 40 10 7225 40 30 7225 40 50 7225 40 70 7225 40 90 7225 50 00 7225 90 10 7226 10 10 7226 10 30 7226 20 10 7226 20 31 7226 20 51 7226 20 71 7226 91 00 7226 92 10 7226 99 11 7226 99 31 7227 10 00 7227 20 00 7227 90 10 7227 90 90 7228 10 10 7228 10 30 7228 20 11 7228 20 19 7228 20 30 7228 30 10 7228 30 90 7228 60 10 7228 70 10 7228 70 31 7228 80 10 7228 80 90 7301 10 0011 29 91  7211 29 99  7211 30 10   7211 41 10  7211  41 91  7211 49 10  7211 90 11   7212 10 10  7212 10 91  7212 21 11  7212 29 11  7212 30 11  7212 40 10  7212 40 91  7212 50 31  7212 50 51  7212 60 11  7212 60 91   7213 10 00  7213 20 00  7213 31 00  7213 39 00  7213 41 00  7213 49 00  7213 50 00   7214 20 00  7214 30 00  7214 40 10  7214 40 91  7214 40 99  7214 50 10  7214 50 91  7214 50 99  7214 60 00   7215 90 10   7216 10 00  7216 21 00  7216 22 00  7216 31 00  7216 32 00  7216 33 00  7216 40 10  7216 40 90  7216 50 10  7216 50 90  7216 90 10   7218 10 00  7218 90 11   7218 90 13  7218  90 15  7218 90 19  7218 90 50   7219 11 10  7219 11 90  7219 12 10  7219 12 90  7219 13 10  7219 13 90  7219 14 10  7219 14 90  7219 21 10  7219 21 90  7219 22 10  7219 22 90  7219 23 10  7219 23 90  7219 24 10  7219 24 90  7219 31 10  7219 31 90  7219 32 10  7219 32 90  7219 33 10  7219 33 90  7219 34 10  7219 34 90  7219 35 10  7219 35 90  7219 90 11  7219 90 19   7220 11 00  7220 12 00  7220 20 10  7220 90 11  7220 90 31   7221 00 10  7221 00 90   7222 10 11  7222 10 19  7222 10 91  7222 10 99  7222 30 10  7222 40 11  7222 40 19  7222 40 30   7224 10 00  7224  90 11  7224 90 30   7225 10 10  7225 10 91  7225 10 99  7225 20 11  7225 20 19  7225 20 30  7225 30 00  7225 40 10  7225 40 30  7225 40 50  7225 40 70  7225 40 90  7225 50 00  7225 90 10   7226 10 10  7226 10 30  7226 20 10  7226 20 31  7226 20 51  7226 20 71  7226 91 00  7226 92 10  7226 99 11  7226 99 31   7227 10 00  7227 20 00  7227 90 10  7227 90 90   7228 10 10  7228 10 30  7228 20 11  7228 20 19  7228 20 30  7228 30 10  7228 30 90  7228 60 10  7228 70 10  7228 70 31  7228 80 10  7228 80 90   7301 10 00


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31979H0535

79/535/EEC: Commission Recommendation of 23 May 1979 to the Member States on the regional development programmes

Official Journal L 143 , 12/06/1979 P. 0009 - 0011 Spanish special edition: Chapter 14 Volume 1 P. 0018  Portuguese special edition Chapter 14 Volume 1 P. 0018

COMMISSION RECOMMENDATION  of 23 May 1979  to the Member States on the regional development programmes  (79/535/EEC)  THE COMMISSION OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Article 155 thereof,  Having regard to Council Regulation (EEC) No 724/75 of 18 March 1975 establishing a European Regional Development Fund (ERDF) (1), as amended by Regulation (EEC) No 214/79 (2),  Having regard to the Council resolution of 6 February 1979 concerning the guidelines for Community regional policy (3),  Having regard to the Commission's opinion of 23 May 1979 on the regional development programmes notified to it by the Member States pursuant to Article 6 of Regulation (EEC) No 724/75,  Whereas regional development programmes are to serve both as a point of reference for projects submitted for ERDF assistance and - in accordance with the aforesaid Council resolution - as the most appropriate framework for the practical implementation of coordination of national regional policies, and of the Community's regional policy;  Whereas, for the purposes of such coordination, the Member States and the Commission must be adequately informed of national policies aimed at achieving a better balance in the territorial distribution of economic activities, including such special measures as are taken with this aim in regions not eligible for ERDF assistance;  Whereas adoption by Member States of a uniform regional programme period would permit a greater measure of comparability between programmes and would make it easier to coordinate them at Community level with the medium-term economic policy programme being drawn up;  Whereas the general economic context and regional implications of the various national or Community sectoral policies are not sufficiently taken into account in the analysis of the regional economic and social situation given in the programmes examined;  Whereas, as regards Community policies in particular, the Commission and the Council made known in the resolution of 6 February 1979 their intention of taking fuller account of the regional impact of such policies ; whereas, furthermore, implementation of the specific Community measures referred to in Article 13 of Regulation (EEC) No 724/75 also depends on an accurate assessment of the regional impact of these policies and of the measures taken by the Community;  Whereas a number of special problems arise in certain frontier regions ; whereas effective coordination of the regional development measures taken by the Member States concerned may make a significant contribution towards resolving those problems;  Whereas setting quantified development objectives for each of the regions concerned presents various difficulties, notably as regards job creation ; whereas, for this reason, the Commission will, as requested by the Regional Policy Committee, accord priority to the study of regionalized labour balance sheets;  Whereas Regulation (EEC) No 724/75 in its amended version has adopted a broader concept of infrastructure than that previously applied (direct link with industrial and service investment) but stipulates, in Article 4 (2) (b), that infrastructure investments may be financed by the ERDF only when the regional development programmes show that they contribute to the development of the region in question;  Whereas, in parallel with regional policy measures proper such as regional aid schemes or infrastructure investments carried out for regional development purposes, Member States take measures, whether of a regional nature or not, under other national or Community policies which have indirect but important effects on regional development : on these the programmes examined in general provide little detail;  (1)OJ No L 73, 21.3.1975, p. 1. (2)OJ No L 35, 9.2.1979, p. 1. (3)OJ No C 36, 9.2.1979, p. 10.   Whereas regional policy measures regarded as being of prime importance for regional development are not in all cases described in sufficient detail in the regional development programmes examined ; whereas, where ERDF assistance is concerned, Regulation (EEC) No 724/75 provides that the Commission determine the priorities for assistance after having examined these programmes;  Whereas, although the regional development programmes examined generally indicate the State's commitments of finance to regional development, they only rarely mention transfers between different levels of government or finance from regional or subregional sources ; whereas sufficient information on these matters is essential if national regional policies are to be more effectively compared;  Whereas a number of regional development programmes neither provide for multiannual financial programming of infrastructure investment nor give the volume of investments to be made by public enterprises or by major private undertakings under planning agreements;  Whereas effective coordination of national regional policies and of Community regional policy is possible only if information is available on the Member States' intentions as to the future use, at regional level, of Community financial resources from the different financial instruments established for structural purposes;  Whereas the programmes notified generally contain sufficient information on their implementation, although some of them are not specific enough about the timing of the projected investments and the systematic assessment of the impact of the measures taken,  HEREBY RECOMMENDS THAT THE MEMBER STATES:      1. Take the measures necessary to ensure that development programmes communicated to it as reference instruments for projects submitted for assistance from the ERDF reflect all aspects of national regional policies and can thus be used as a framework for policy coordination at Community level.       2. Communicate to the Commission, in addition to the regional development programmes for regions in which the ERDF is to provide assistance, and in so far as regional policy measures are applied in other regions, the principal measures whose aim is a better regional balance over the whole of the country, including the so-called disincentives, either in the form of programmes or in another form.       3. Adopt, for the next regional development programmes to be drawn up, a uniform programme period coinciding with that chosen for the fifth medium-term economic programme (1981 to 1985) ; for the financial part of this five-year programme two periods could be adopted.       4. Take fuller account, in the analysis of the economic and social situation in each region, on the one hand of the implications of national policies or measures in areas such as the restructuring of certain sectors, transport, energy, agriculture, fishing, the environment, physical planning, certain social measures and vocational training and, on the other of the most significant effects of Community policies and measures, particularly in the fields of agriculture, external trade relations and the restructuring of certain sectors.       5. Include in the above analysis, where it concerns frontier regions, the specific aspects that stem from their special geographical situation.       6. Provide, where the setting of development objectives for jobs is concerned, at least quantified forecasts of job deficits in each region for the years 1981 to 1985 and take further account in this connection of the tertiary sector, including tourism, and of the agricultural sector.       7. Bring out more clearly, when setting infrastructure objectives, the link that should exist between investments in infrastructure and the conditions that affect the development of a region, thereby making it possible to assess better the need for such investment and the priorities in this field and, more particularly, consider not only regional infrastructure proper but also national infrastructure of real regional importance.       8. Incorporate gradually, among the measures permitting attainment of the development objectives and alongside direct regional policy measures, measures arising from other national or Community policies which vary with the region or which have a clear regional impact. Such measures may concern the policy areas referred to in point 4.        9. Indicate more clearly in regional development programmes the aspects of national regional policy that are regarded as having priority, whether geographical or in terms of the type of measure to be taken.       10. Make the financial programming of regional development more transparent by supplementing the relevant information with details of financial transfers between different levels of government and of finance from regional or subregional sources.       11. Draw up a multiannual financial programme for infrastructure investment, where a programme of this type does not yet exist, and indicate, where such information is available, the volume of investment to be made during the programme period by public enterprises or by major private undertakings as part of planning agreements.       12. Include in future regional development programmes, alongside more detailed information on their intentions for the future use of ERDF resources, information concerning the other Community financial instruments, thereby permitting, at regional level, greater cohesion between the various financial measures of a structural nature taken by the Community.       13. Give a timetable for implementing the measures planned under regional development programmes and provide a more systematic analysis of the impact of the different regional policy measures, particularly on employment.    This recommendation is addressed to the Member States.  Done at Brussels, 23 May 1979.  For the Commission  Antonio GIOLITTI  Member of the Commission


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52004SC0009

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 for Austria, 2003-2007  /* SEC/2004/0009 final */

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 for Austria, 2003-2007(presented by the Commission)EXPLANATORY MEMORANDUMCouncil Regulation (EC) No. 1466/97, on the strengthening of the surveillance of budgetary positions and the surveillance and co-ordination of economic policies [1], stipulated that countries participating in the single currency were to submit stability programmes to the Council and the Commission by 1 March 1999. In accordance with Article 5 of this Regulation, the Council had to examine each stability programme based on the assessments prepared by the Commission and the Committee set up by Article 114 (formerly 109c) of the Treaty (from 1 January 1999, the Economic and Financial Committee). The Commission adopted a recommendation on each programme. On the basis of this recommendation and after having consulted the Economic and Financial Committee, the Council delivered an opinion, following its examination of the programme.[1]  OJ L 209, 2.8.1997. The documents referred to in this text can be found at the following web siteAustria's first stability programme covering the period 1998-2002 was submitted on 30 November 1998 and assessed by the Council on 18 January 1999 [2].[2]  OJ C 42/5, 17.2.1999.Austria submitted its fifth and most recent update of the stability programme, covering the period 2003-2007, on 18 November 2003. The Commission services have carried out a technical evaluation of this updated programme, taking into account the information provided in accordance with the Code of Conduct [3], the Autumn forecasts as well as subsequent evaluations, the commonly agreed methodology for the estimation of cyclically-adjusted balances, the recommendations in the Broad Economic Policy Guidelines and the principles laid down in the Communication of the Commission to the Council of 27 November 2002 on strengthening the co-ordination of budgetary policies [4]. This evaluation warrants the following assessment:[3]   Revised Opinion of the Economic and Financial Committee on the content and format of stability and converge programmes, document EFC/ECFIN/404/01 - REV 1 of 27.6.2001 endorsed by the Ecofin Council on 10.7.2001.[4]  COM(2002) 668 final, 27.11.2002.The stability programme update broadly complies with the revised "code of conduct on the content and format of stability and converge programmes". In terms of content most measures are described in sufficient detail. However, with respect to presentational weaknesses of the previous programme little improvement has been made. Specifically, measures contained in the twin budget 2003/2004 are known in detail and it would have been both desirable and feasible to include concrete estimates of their budgetary effects. Furthermore, the alternative growth scenarios presented in the update use implicit budget elasticities that vary over the years, an economically unlikely assumption, and across scenarios. Although pointed out in the last assessment, the estimation techniques have not sufficiently changed.The budgetary projections of the programme are based on a macro-economic scenario expecting economic activity to resume from its current cyclical weakness. The real GDP growth projections until 2005 are equivalent to the Commission services' autumns 2003 forecast, while nominal GDP growth and employment expectations in the update are significantly higher. By and large, the macro-economic scenario in the update appears plausible, although leaning towards the optimistic side. Specifically, the acceleration in employment growth to 0.6% (ESA95 definition) in 2004 appears brisk, given the usual time-lag of labour demand to a cyclical upturn of activity. Although real GDP growth in 2006 and 2007 would remain above potential, the implicit closing of the output gap after a period of sluggish growth would not seem implausible, due to the positive impact of recent and ongoing structural reforms and enlargement, given that macroeconomic imbalances are absent in the Austrian economy.The updated stability programme maintains the budgetary targets of the previous programme. Deficits are projected over the entire programme period, which in three out of five years are set to exceed 1% of GDP, averaging 1.0% of GDP throughout the projection period 2003-2007. The deficit forecasts are based on an unchanged budgetary strategy, envisaging substantial structural savings combined with sizeable tax cuts aiming at reducing the tax burden from its peak of 45.4% in 2001 to 43% of GDP by 2006.For 2002, budgetary and national accounts data have been significantly revised. General government finances weakened but remained close to balance contrary to previous figures indicating a substantial widening of the deficit. From a surplus of 0.3% of GDP in 2001, the budgetary position deteriorated to a small deficit of 0.1% of GDP (revised up from 0.6%). Three factors account for this downward revision by 0.5 percentage point: a national accounts data release revising real GDP growth in 2002 significantly upwards, statistical factors and higher surpluses at lower levels of government. The cyclically-adjusted balance, calculated by the Commission, deteriorated by 0.4 percentage point to -0.1% of GDP.In 2003, the update projects the general government deficit to widen considerably to 1.3% in 2003. In cyclically-adjusted terms, this corresponds to an increase in the deficit by 0.8 percentage point, up from a 0.5 percentage point rise in the previous programme. While the smaller deterioration projected in the previous programme could be attributed to the budgetary effects of the flood disaster in summer 2002, more recent estimates revise the flood-related impact on the budget 2003 down by almost 0.3 percentage point.  Against this background, it would appear reasonable to expect a better budgetary outcome in cyclically-adjusted terms, yet the update projects a considerably larger increase without putting forward explanations. The Commission services projected in their autumn 2003 forecast a better-than-targeted deficit of 1% of GDP, which could turn out even lower in the light of the available data by the end of November. After a temporary decline in 2004, the deficit is set to widen markedly to 1.5% in 2005 owing to sizeable income tax cuts. Although narrowing thereafter, the government finances reaches a position close to balance only in 2007, when the cyclically-adjusted deficit falls by the required ½ percentage point to a 0.5% of GDP.Given the observed relatively low elasticity of the budgetary outcome to the economic cycle in Austria, the projected path of government finances would leave sufficient safety margin to prevent the deficit from breaching the 3% of GDP reference value in the event of a normal cyclical downturn. Downside macroeconomic risks seem to balance with the likelihood of a better-than-targeted budgetary outcome in 2003 with knock-on effects on subsequent years. However, the deficit forecasts hinge crucially on the successful implementation of the planned savings measures. Therefore, an asymmetric implementation of the expenditure and revenue side measures represents the main risk to the government's strategy. If the planned savings would materialize only partially and the tax relief were fully implemented, Austria would not have sufficient budgetary leeway in 2005 to let the automatic stabilisers work fully in the event of a normal cyclical downturn.Figures for gross government debt were significantly revised upwards in 2001 and 2002 and ratcheted up to 66.7% of GDP in 2002. Consequently, the decline in the debt-to-GDP ratio, expected to fall marginally below the 60% reference value in 2007, is significantly delayed. This forecast hinges crucially on optimistic nominal GDP growth assumptions and in particular on sizable proceeds from planned privatisations. Should any of these factors fall short of expectations, even if only by a small margin, the debt-to-GDP-ratio would remain above the 60% reference value also in 2007. Likewise, in a scenario where the deficit in 2003 turns out lower than officially forecast, at or somewhat below 1.0% of GDP, general government debt would also remain above 60% in the event of slightly lower growth.The strategy involves a sizeable income tax relief, totalling 1.3% of GDP, which will not be compensated by commensurate spending cuts. Past experience has shown that cutting taxes without ensuring commensurate expenditure restraint is a risky strategy. Problematic is the second phase of tax relief in 2005, projected to increase the cyclically-adjusted deficit markedly by a full percentage point. While in principle a sizeable reduction of the high overall tax burden [5] would be welcome, more decisive expenditure cuts would be appropriate, in order to prevent the deficit from widening. The forecast cyclical upswing, projecting the Austrian economy to expand at a rate above potential by 2005 with a closing output gap, confirms the need for additional expenditure restraint, which would be the most appropriate method to prevent pro-cyclical effects. Moreover, although the tax reform should improve supply-side conditions for growth, the increase in tax allowances or the introduction of preferential tax treatments might counteract the base-broadening measures implemented recently and add some complexities to the tax system.[5]   2003 BEPGs - Country specific recommendation: "[...], Austria is recommended to: 1. Implement measures leading to structural expenditure savings, also at lower levels of government, so as to lower the high tax burden, while securing a cyclically-adjusted budgetary position close to balance (GL 1).Concerning the medium-term objective, it is only in 2004 and in 2007 that government accounts in cyclically-adjusted terms are projected to be close to balance. In the other years of the programme, the cyclically-adjusted deficit either widens by a substantial margin or does not improve by at least 0.5% of GDP. Moreover, under more realistic nominal GDP growth assumptions, there is a strong likelihood that the general government debt, although declining in all years of the projection period, remains above the 60% of GDP benchmark even in 2007.As regards recent policy developments, the most remarkable event is the comprehensive overhaul of the pension system, adopted in June 2003. The measures should enhance the actuarial fairness of the pay-as-you-go scheme and raise the effective retirement age as well as the labour force participation of older workers.Incorporating the impact of the 2003 pension reform, the Commission considers with regard to long-term sustainability that Austria appears to be in a relatively good position to meet the budgetary costs associated with ageing populations. The budgetary strategy outlined in the programme is compatible with improving the sustainability of public finances. According to the Commission assessment, debt-to-GDP ratios will remain below 60%, once attained also in the long run if age-related expenditures will develop as expected. The 2003 pension reform  should correct pension expenditure trends and reduce the peak by around 1.5% of GDP compared with previous projections. However, projected results warrant attention. First, the 10%-cap on reform-related pension benefit losses until 2032 increases uncertainty on real savings in the next 30 years. Second, results rely strongly on the assumed increase of participation rates among older workers induced by the pension reform. Since the updated programme's strategy is mainly based on the implementation of the pension reform and on its impact on labour market behaviours, a strict monitoring of pension expenditure trends and a more transparent knowledge of those factors behind the foreseen savings is crucial. Therefore, some aspects of the pension reform, such as the 10%-cap and an excessively long transition period for abolishing early retirement need to be reviewed, to render long-term prospects more certain.Economic policies as reflected in the update are only in part consistent with the recommendations in the Broad Economic Policy Guidelines. Specifically, "a cyclically-adjusted budgetary position close to balance" is only partly respected. Moreover, in 2005 the general guideline to "avoid pro-cyclical policies" is not observed. Although the planned reduction of the high tax burden is in principle an appropriate step to render supply side conditions more growth-friendly, revenue reductions should be accompanied by corresponding expenditure restraint. As concerns Länder and communities, the update is silent on "structural expenditure savings, (also) at lower levels of government", which are required to attain permanent surpluses, an obligation enshrined in a national stability pact.Based on this assessment, the Commission has adopted the attached recommendation for a Council Opinion on the Stability Programme update of Austria and is forwarding it to the Council.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 for Austria, 2003-2007THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community,Having regard to Council regulation (EC) No. 1466/97 of 7 July 1997 on the strengthening of the surveillance of budgetary positions and the surveillance and coordination of economic policies [6], and in particular Article 5(3) thereof,[6]  OJ L 209/1, 2.8.1997. The documents referred to in this text can be found at the following web siteHaving regard to the recommendation of the Commission,After consulting the Economic and Financial Committee,HAS DELIVERED THIS OPINION:On [20 January 2003] the Council examined the updated stability programme for Austria which covers the period 2003-2007. The programme was submitted on 18 November 2003 and broadly complies with the revised "code of conduct on the content and format of stability and converge programmes" [7]. However, more quantitative information, as contained in the twin budget 2003/2004, with detailed estimates for individual budgetary measures would have proved useful and should have been included.[7]  Revised Opinion of the Economic and Financial Committee on the content and format of stability and converge programmes, document EFC/ECFIN/404/01 - REV 1 of 27.6.2001 endorsed by the Ecofin Council on 10.7.2001.The budgetary strategy of the updated programme remains unchanged, with a distinct long-term focus. Substantial structural savings combined with sizeable tax cuts, while causing a temporary widening of the cyclically-adjusted deficit in 2005, should entail a steady decline in expenditure and revenue ratios and in the debt ratio.By and large, the macro-economic scenario in the update appears plausible, although leaning towards the optimistic side. Specifically, the acceleration in employment growth to 0.6% (ESA95 definition) in 2004 appears brisk, given the usual time-lag of labour demand to a cyclical upturn of activity. Moreover, real GDP growth in 2006 and 2007 would remain above potential. The implicit closing of the output gap, however, would not seem implausible after a period of sluggish growth, due to the positive impact of recent and ongoing structural reforms and enlargement, given that macroeconomic imbalances are absent in the Austrian economy.The update maintains the budgetary targets set in the previous programme. The cyclically-adjusted balance, based on Commission calculations according to the commonly agreed methodology, is set to deteriorate by 0.9 percentage points to 1.0% of GDP in 2003 and, after a temporary improvement, by 1.0 percentage point to 1.4% of GDP in 2005 due cuts in direct taxes. Despite narrowing thereafter, the cyclically-adjusted deficit will decline to 0.5% of GDP only in 2007. Thus, the cyclically-adjusted deficit stays close to balance only in the years 2004 and 2007.The budgetary stance in the updated programme should provide a sufficient safety margin against breaching the 3% of GDP deficit ceiling with normal macroeconomic fluctuations. However, under plausible macroeconomic and budgetary assumptions, the medium-term objective of a budgetary position of close to balance may not be achieved over the programme period. Although downside macroeconomic risks seem to balance with the likelihood of a better-than-targeted budgetary outcome in 2003 with knock-on effects on subsequent years, risks regarding expected savings and surpluses from lower government levels are non-negligible. Moreover, if the announced expenditure savings were only partly implemented or do not materialize as intended, the planned temporary departure from the medium-term target may turn out to be persistent. The government gross debt is expected to decrease steadily from 66.7% of GDP in 2002 to just below 60% in 2007. This forecast hinges crucially on optimistic nominal GDP growth assumptions and sizable proceeds from planned privatisations. Should any of these factors fall short of expectations, even if only by a small margin, the debt-to-GDP-ratio would remain above the 60% reference value also in 2007.After the 2003 pension reform, Austria appears to be in a considerably better position than before to meet the budgetary costs of an ageing population. This evaluation, however, needs to be confirmed by actual developments. First, projections assume a reform-induced strong increase in participation rates. Second, the 10 percent cap on benefit losses compared with the status quo ante renders long-term budgetary effects rather uncertain. Moreover, exonerating effects on government finances are unnecessarily delayed due to a disproportionately long transition period for abolishing early retirement until 2017.Economic policies as reflected in the update are only in part consistent with the recommendations in the Broad Economic Policy Guidelines. Specifically, "a cyclically-adjusted budgetary position close to balance" is only partly respected. Moreover, in 2005 the general guideline to "avoid pro-cyclical policies" is not observed. Although the planned reduction of the high tax burden is in principle an appropriate step to render supply side conditions more growth-friendly, revenue reductions should be accompanied by corresponding expenditure restraint. As concerns Länder and communities, the update is silent on "structural expenditure savings, (also) at lower levels of government", which are required to attain permanent surpluses, an obligation enshrined in a national stability pact.


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32002H0066

Commission Recommendation of 25 January 2002 concerning a coordinated programme for the official control of foodstuffs for 2002 (Text with EEA relevance) (notified under document number C(2002) 290)

Official Journal L 026 , 30/01/2002 P. 0008 - 0016

Commission Recommendationof 25 January 2002concerning a coordinated programme for the official control of foodstuffs for 2002(notified under document number C(2002) 290)(Text with EEA relevance)(2002/66/EC)THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Directive 89/397/EEC of 14 June 1989 on the official control of foodstuffs(1), and in particular Article 14(3) thereof,After consultation of the Standing Committee for Foodstuffs,Whereas:(1) It is necessary, with a view to the sound operation of the internal market, to arrange for coordinated food inspection programmes at Community level designed to improve the harmonised implementation of the official controls by the Member States.(2) Such programmes place emphasis on compliance with Community legislation, the protection of public health, consumer interests and fair trade practices.(3) Article 3 of Council Directive 93/99/EEC of 29 October 1993 on the subject of additional measures concerning the official control of foodstuffs(2) requires the laboratories referred to in Article 7 of Directive 89/397/EEC to comply with the criteria in European Standard EN 45000 series, now replaced by EN ISO 17025:2000.(4) The results from simultaneous implementation of national programmes and coordinated programmes may provide information and experience on which to base future control activities,HEREBY RECOMMENDS:1. During 2002 Member States should carry out inspections and controls including, where indicated, taking samples and analysing such samples in laboratories, with the aim of:- monitoring compliance with the Community rules on labelling of certain foodstuffs that may contain ingredients, which may themselves contain, consist of or may be produced from genetically modified organisms (GMOs),- assessing the bacteriological safety of pre-cut fresh fruits and vegetables and of sprouted seeds,- assessing the bacteriological safety of fruit and vegetable juices.2. Although sampling and/or inspection rates have not been set in this recommendation, Member States should ensure that they are sufficient to provide an overview of the subject under consideration in each Member State.3. Member States should provide information as requested following the format of the record sheets provided in the Annex to this Recommendation to help enhance the comparability of results. This information should be sent to the Commission by 1 May 2003 accompanied by an explanatory report.4. Foodstuffs submitted for analysis under this programme should be submitted to laboratories complying with the provisions of Article 3 of Directive 93/99/EEC. However, if such laboratories do not exist in Member States for certain analysis included in this Recommendation, Member States may also nominate other laboratories providing the capacity to carry out these analyses.5. Labelling of genetically modified foodstuffs5.1. Scope of the programmeGenetically modified foodstuffs and in particular the proper labelling of such products, are very much the subject of consumer concerns. The coordinated control of the labelling of food that may contain ingredients, which may themselves contain, consist of or may be produced from GMOs, will contribute to build up consumer confidence.Regulation (EC) No 258/97 of the European Parliament and of the Council of 27 January 1997 on novel foods and novel food ingredients(3) provides for the mandatory labelling of foods and food ingredients which contain or consist of a GMO without prejudice to the other labelling requirements of Community law.Council Regulation (EC) No 1139/98 of 26 May 1998, concerning the compulsory indication of the labelling of certain foodstuffs produced from genetically modified organisms of particulars other than those provided for in Directive 79/112/EEC(4), lays down the compulsory labelling of foods and food ingredients produced from genetically modified soya (Glycine max L.) covered by Commission Decision 96/281/EC(5) and genetically modified maize (Zea mays L.) covered by Commission Decision 97/98/EC(6). These products were approved before the entry into force of Regulation (EC) No 258/97, according to Council Directive 90/220/EEC of 23 April 1990 on the deliberate release into the environment of genetically modified organisms(7). The labelling provisions are based on the presence of DNA or protein resulting from genetic modification.Article 2(2) of Council Regulation (EC) No 1139/98, as amended by Commission Regulation (EC) No 49/2000(8), introduces a 1 % de minimis threshold for the adventitious presence of DNA or protein resulting from the genetic modification of soya and maize in conventional foodstuffs. This provision is in force since 10 April 2000. The threshold is applied on each ingredient individually considered and not on the final product. It applies, as a combined maximum for genetically modified material from abovementioned products together with any material placed on the market pursuant to Regulation (EC) No 258/97.In order to be able to benefit from this exemption to the mandatory labelling requirement for genetically modified foods, operators have to supply documentary evidence to satisfy the competent authorities that they have tried to avoid the use of GMOs or products thereof and that any genetically modified material (DNA or protein) in their products is due to accidental contamination (during cultivation, harvest, transport or processing).The aim of this element of the programme is to check the compliance with Community law(9) regarding the labelling of foods and food ingredients, which may contain or consist of or may be produced from genetically modified soya and maize.5.2. Sampling and method of analysisControls may have to be applied to both final products and raw materials through inspections at the appropriate stages of placing on the market of ingredients or products. Compliance with the 1 % threshold for labelling, in case of adventitious presence of modified DNA or protein resulting from the genetic modification, shall be established by checking documents provided by the operators and taking samples for analysis. Laboratories should use PCR or ELISA based methods for qualitative and quantitative analysis in foodstuffs of DNA or protein resulting from genetic modification. Specific recommendations concerning methods of analysis are included in Annex I.The results of the controls should be recorded on the record sheet model provided in Annex II to this recommendation.6. Bacteriological safety of pre-cut fresh fruits and vegetables and of sprouted seeds6.1. Scope of the programmeThere is no Community legislation fixing specific microbiological criteria for fresh fruits and vegetables. Experience shows that there is potential for a wide range of these products to become contaminated with micro-organisms, including human pathogens. Most of the reported outbreaks have been associated with bacterial contamination, particularly members of Enterobacteriaceae (Salmonella spp., Escherichia coli O157:H7).There are certain factors which contribute to the microbiological contamination with pathogens, particularly when fruits and vegetables are eaten raw. These pathogens can derive from agricultural practices or from other processes along the production chain. Another aspect contributing to the microbial risk for consumers is the increasing consumption of new products (e.g. sprouted seeds) or fruits and edible plants imported as a part of the globalisation of the trade in these commodities. Additionally, the application of technologies such as cutting, slicing, skinning and shredding, remove the natural protective barriers of the intact plant and open the possibility for providing a suitable medium for the growth of contaminants.Good agricultural practices and good manufacturing practices can help control microbial hazards associated with all stages of the production of fresh fruits and vegetables from primary production to packing and trade. The effective implementation of the HACCP (Hazard analysis and critical control points) principles, where applicable, according to Council Directive 93/43/EEC on the hygiene of foodstuffs(10), is another important element to ensure safety of fruits and vegetables.The aim of this element of the programme is to assess the microbiological safety of pre-cut fresh fruits and vegetables and of sprouted seeds to monitor possible risks for human health. In view of this it is recommended to verify the application of the HACCP principles by food operators and test for some pathogens such as Salmonella spp, toxigenic E. coli (in particular E. coli O157:H7) and Listeria monocytogenes.6.2. Sampling and method of analysisThe verifications should concern ready to eat fresh fruits and vegetables that have been peeled, cut or otherwise physically altered from their original form intended to be consumed raw, and sprouted seeds.The competent authorities of the Member States should carry out controls at the level of establishments of production and/or at retail level in order to verify the application of the HACCP principles including, where indicated, taking samples of products for analysis. These samples shall be of one hundred grams minimum each and the product shall be kept in its original packaging. Samples should be placed in refrigerated containers and sent immediately to the laboratory for analysis.The overall level of sampling is left to the judgement of the competent authorities of Member States.Laboratories are allowed to use a method of their choice provided that its level of performance matches the aims to be achieved. However, the most recent version of standard ISO 6579 is recommended for the detection of Salmonella, the most recent version of standard EN/ISO 16654 is recommended for the detection of toxigenic E. coli and the most recent versions of standards EN/ISO 11290-1 and EN/ISO 11290-2 are recommended for detection and enumeration of Listeria monocytogenes. Additional equivalent methods recognised by competent authorities may also be used.The results of the controls should be recorded on the record sheet model provided in Annex III to this recommendation.7. Bacteriological safety of fruit and vegetable juices7.1. Scope of the programmeAs for fresh fruits and vegetables, there are no specific microbiological standards for juices in Community legislation. Council Directive 93/43/EEC on the hygiene of foodstuffs requires juice to be manufactured in a hygienic way and requests food operators to apply the HACCP principles for ensuring the safety and wholesomeness of their products. Food operators are also encouraged to develop and implement on a voluntary basis a code of practice outlining ways to minimise the contamination of fruit while it is being grown, harvested, stored and processed to make juice and to minimise the contamination of fruit juice concentrate while it is being stored, transported or restored into juice for consumption.The experience in this sector shows that all juices (fruit and vegetable) have the potential to be contaminated with microbiological hazards, in particular juice that has not undergone any form of heat treatment. While it is recognised that there is a low probability for juice being contaminated with dangerous pathogens, the consequences, if it is, can be severe for at-risk groups. Most of the reported outbreaks have been associated with pathogens such as Salmonella spp., Escherichia coli O157: H7.The aim of this element of the programme is to assess the bacteriological safety of fruit and vegetable juices and to monitor possible risks for human health. In view of this it is recommended to verify the application of the HACCP principles by food operators and to test for some pathogens such as Salmonella spp., toxigenic E. coli (in particular E. coli O157:H7) and Listeria monocytogenes.7.2. Sampling and method of analysisThe verifications should concern fruit and vegetable juices, in particular apple and citrus juices, that have not been pasteurised.The competent authorities of the Member States should carry out controls at the level of establishments of production and/or at retail level in order to verify the application of the HACCP principles including, where indicated, taking samples of products for analysis. For the sampling and methods of analysis it is recommended to apply the same criteria as indicated in point 6.2 for fresh fruits and vegetables.The results of the following controls should be recorded on the record sheet model provided in Annex IV to this recommendation.Done at Brussels, 25 January 2002.For the CommissionDavid ByrneMember of the Commission(1) OJ L 186, 30.6.1989, p. 23.(2) OJ L 290, 24.11.1993, p. 14.(3) OJ L 43, 14.2.1997, p. 1.(4) OJ L 159, 3.6.1998, p. 4.(5) OJ L 107, 30.4.1996, p. 10.(6) OJ L 31, 1.2.1997, p. 69.(7) OJ L 117, 8.5.1990, p. 15.(8) OJ L 6, 11.1.2000, p. 13.(9) This recommendation is without prejudice to the Commission proposals of "food-feed"/"traceability" and their consequences for labelling and testing.(10) OJ L 175, 19.7.1993, p. 1.ANNEX IRECOMMENDATIONS CONCERNING ANALYSIS OF FOODSTUFFS FOR COMPLIANCE WITH LABELLING OF GMOThis annex is to provide a list of methods that have been submitted to ring trial evaluation and that could be used for the scope of this programme. These studies have been performed according to harmonised international protocols (e.g. IUPAC, AOAC, ISO), and cover a wide range of laboratories, usually no fewer than eight. An essential criterion for consideration is the performance of the method and the quality of the data presented in the final report. The testing method should produce acceptably accurate, precise, and reproducible results for the given analyte. At least seven methods meet these criteria and could be considered as possible references for regulatory compliance.These methods are listed below, grouped per type of method and type of organism (soybean, maize). The categories are:- Qualitative PCR methods for screening of foodstuffs containing soybean- Qualitative PCR methods for screening of foodstuffs containing maize- Qualitative PCR methods for screening of foodstuffs containing maize and soybean- Real-time PCR method for the quantification of GM-soybean- Real-time PCR method for the quantification of GM-maize- Immunoassay for detection and semi-quantification of GM-soybeanThe methods listed are at present being used world-wide in a large number of proficiency tests and either have been annexed to the CEN standards on GMO testing that are under development (elaborated by CEN/TC275/WG11) or will be submitted before long. Therefore, they can be considered as consistent with the highest international performance criteria.Recommended validated methodsTable 1: Qualitative PCR methods for screening of foodstuffs containing soybean>TABLE>Table 2: Qualitative PCR methods for screening of foodstuffs containing maize>TABLE>Table 3: Qualitative PCR methods for screening of foodstuffs containing maize and soybean>TABLE>Table 4: Real-time PCR method for the quantification of GM-soybean>TABLE>Table 5: Real-time PCR method for the quantification of GM-maize>TABLE>Table 6: Immunoassay for detection and semi-quantification of GM-soybean>TABLE>Recommendations- It is recommended to follow precisely the protocols referred to above. Changes (for example in primer sequences) to the protocol may adversely affect the quality of results.- It is recommended to use the appropriate protocols for the range of GMO percentages for which the method has been validated.- It is recommended to use the appropriate protocols in conjunction with the matrices listed. It is further recommended to pick from the lists above the best method of choice if no validated method is available for a particular matrix to be analysed, or for a threshold which is being applied. For example the method provided by producers of analytical instruments that deliver probes to quantify cry1AB (present in Bt-11, MON-810, MON-809 and Bt-176), the 35S promoter (present in all five authorized maizes) and for the nos terminator (present in Bt-11, MON-809 and T25) have not yet been internationally validated but they can be considered as having a high degree of method performance.- Following these recommendations it should be possible to utilise reliable methods that should allow the detection and/or quantification of Roundup Ready soybean GTS 40-3-2 as well as all five authorised GM maize varieties Bt-11, MON-810, MON-809, Bt-176 and T25 in the following food matrices:Foodstuffs derived from soy: soy bean, soy flower (all types), soy meal, tofu, soy bean bakery productsFoodstuffs derived from maize: maize, maize flour (all types), maize snacks, maize chips, maize bakery products, polentaFoodstuffs derived from soy and maize: baby food, raw material for food supplements, biscuits.- For further information, it is advised to consult the compendium of validated methods that do not meet the criteria as stipulated above but that nonetheless may provide good analytical guidance. This compendium, compiled by the European Commission Joint Research Centre can be downloaded from http://biotech.jrc.it/documents.References1. Lipp M, Brodmann P, Pietsch K, Pauwels J, Anklam E (1999) IUPAC Collaborative Trial Study of a Method To Detect Genetically Modified Soy Beans and Maize in Dried Powder. J AOAC Int 82:923-928.2. Collection of official methods under article 35 of the German Federal Foods Act; Methods of sampling and analysis of foods, tobacco products, cosmetics and commodity goods/Federal Health Office, Loose leaf edition as of November 1999, Berlin, Köln, Beuth Verlag GmbH, No L 00.00-31.3. DMIF-GEN Final Project (1999), DMIF-GEN-Project: Development of Methods to Identify Foods Produced by Means of Genetic Engineering. EU-Project SMT4-CT96-2072, Final Report 12/1999.4. Lipp, M., Bluth, A., Eyquem, F., Kruse, L., Schimmel, H., Van den Eede, G., and Anklam, E. (2001) Validation of a method based on polymerase chain reaction for the detection of genetically modified organisms in various processed foodstuffs. Eur Food Res Technol 212:497-504.5. EU Tender Report (2000). Development of qualitative as well as quantitative detection methods to identify a genetic modification in soybean and maize products. Report of the EU tender No. XXIV/98/A3/001.6. Broll et al., in preparation.7. Lipp M., Anklam E. and Stave J: "Validation of an immunoassay for the detection and quantification of Roundup-Ready soy beans in food and food fractions", J. AOAC 83, 919 (2000).ANNEX II>PIC FILE= "L_2002026EN.001402.TIF">ANNEX III>PIC FILE= "L_2002026EN.001502.TIF">ANNEX IV>PIC FILE= "L_2002026EN.001602.TIF">


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31980K2797

Commission Recommendation No 2797/80/ECSC of 31 October 1980 on Community monitoring at importers of import and resale prices in respect of the importation of certain iron and steel products covered by the ECSC Treaty and originating in non-member countries

Official Journal L 291 , 31/10/1980 P. 0034 - 0034 Finnish special edition: Chapter 11 Volume 9 P. 0204  Greek special edition: Chapter 11 Volume 22 P. 0039  Swedish special edition: Chapter 11 Volume 9 P. 0204

COMMISSION RECOMMENDATION No 2797/80/ECSC  of 31 October 1980  on Community monitoring at importers of import and resale prices in respect of the importation of certain iron and steel products covered by the ECSC Treaty and originating in non-member countries  THE COMMISSION OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Coal and Steel Community, and in particular Article 86 thereof,  Whereas the Commission has, by Decision No 2794/80/ECSC (1), established a system of production quotas including provisions for monitoring these quotas and for sanctions for breaches of the Decision;  Whereas these measures should be accompanied by measures ensuring more efficient monitoring than heretofore of import prices of ECSC iron and steel products;  Whereas Commission recommendation No 587/80/ECSC of 7 March 1980 (2) provides inter alia for Community monitoring at the frontier of the terms of imports of certain iron and steel products from non-member countries into the Community;  Whereas in order to ensure fulfilment of the obligations resulting from recommendation No 587/80/ECSC and to facilitate the performance of the Community's tasks, the Member States should take all appropriate measures in conformity with Article 86 of the ECSC Treaty;  Whereas a small and diminishing number of cases of price undercutting have recently been revealed by examination at frontier of the prices of imports ; whereas such price undercuttings as have been revealed have not been very significant ; whereas this does not correspond to the general weakening of prices on the Community market ; whereas it is therefore to be doubted if these at-frontier examinations of import prices are revealing the complete picture;  Whereas, accordingly, it is advisable to obtain further information by means of selective inspections of the records kept by importers, of prices paid and, where relevant, prices charged for the further sale of the goods in question, in order to see if the information obtained from these various sources is consistent,  HAS ADOPTED THIS RECOMMENDATION:    Article 1 Member States shall take the steps required to satisfy themselves, where it appears necessary, that the information received in application of recommendation No 587/80/ECSC tallies with the information received from their inspections of the records kept by importers concerning in particular the price paid for the goods in question and, where applicable, the price charged for the further sale of the goods not being further worked.  The Member States shall regularly inform the Commission of the measures taken and their results.   Article 2 This recommendation is addressed to the Member States.  It shall apply with effect from 1 January 1981.     Done at Brussels, 31 October 1980.  For the Commission  Étienne DAVIGNON  Member of the Commission  (1)See page 1 of this Official Journal. (2)OJ No L 65, 11.3.1980, p. 5.


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31978K0617

78/617/ECSC: Commission Recommendation of 26 June 1978 amending Recommendation 77/330/ECSC establishing Community surveillance in respect of the importation into the Community of certain iron and steel products covered by the Treaty establishing the European Coal and Steel Community, originating in third countries

Official Journal L 198 , 22/07/1978 P. 0016 - 0016

****( 1 ) OJ NO L 73 , 15 . 3 . 1978 , P . 37 .    COMMISSION RECOMMENDATION   OF 26 JUNE 1978   AMENDING RECOMMENDATION 77/330/ECSC ESTABLISHING COMMUNITY SURVEILLANCE IN RESPECT OF THE IMPORTATION INTO THE COMMUNITY OF CERTAIN IRON AND STEEL PRODUCTS COVERED BY THE TREATY ESTABLISHING THE EUROPEAN COAL AND STEEL COMMUNITY , ORIGINATING IN THIRD COUNTRIES  ( 78/617/ECSC )   THE COMMISSION OF THE EUROPEAN COMMUNITIES ,   HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN COAL AND STEEL COMMUNITY , AND IN PARTICULAR ARTICLE 74 ( 3 ) THEREOF ,   WHEREAS BY RECOMMENDATION 78/282/ECSC OF 9 MARCH 1978 TO THE GOVERNMENTS OF THE MEMBER STATES AMENDING COMMISSION RECOMMENDATION 77/330/ECSC OF 15 APRIL 1977 , AS LAST AMENDED BY RECOMMENDATION 77/808/ECSC OF 23 DECEMBER 1977 , ESTABLISHING COMMUNITY SURVEILLANCE IN RESPECT OF THE IMPORTATION INTO THE COMMUNITY OF CERTAIN IRON AND STEEL PRODUCTS COVERED BY THE TREATY ESTABLISHING THE EUROPEAN COAL AND STEEL COMMUNITY , ORIGINATING IN THIRD COUNTRIES  ( 1 ), THE COMMISSION DECIDED THAT IT WOULD NO LONGER BE NECESSARY THAT THE REQUEST FROM THE IMPORTER SHOULD STATE THE EFFECTIVE PRICE ( BASIC PRICE PLUS EXTRA ) ESTABLISHED BY CONTRACT FREE-AT-COMMUNITY-FRONTIER , DUTY-PAID IN RESPECT OF REINFORCING BARS FALLING WITHIN SUBHEADING EX 73.10 A II OF THE COMMON CUSTOMS TARIFF , ORIGINATING IN SWITZERLAND , AND IN RESPECT OF THE PRODUCTS ORIGINATING IN THIRD COUNTRIES INDICATED IN THE LIST ANNEXED TO THE SAID RECOMMENDATION ;   WHEREAS ROMANIA SHOULD BE ADDED TO THIS LIST ,   MAKES THE FOLLOWING RECOMMENDATION :   ARTICLE 1   THE FOLLOWING THIRD COUNTRY IS HEREBY ADDED TO THE LIST OF THIRD COUNTRIES IN THE ANNEX TO RECOMMENDATION 78/282/ECSC :   -  ROMANIA .   ARTICLE 2   THIS RECOMMENDATION IS ADDRESSED TO THE MEMBER STATES .   DONE AT BRUSSELS , 26 JUNE 1978 .   FOR THE COMMISSION   CHRISTOPHER TUGENDHAT   MEMBER OF THE COMMISSION


Commission' s Recommendations for the Broad Guidelines of the Economic Policies of the Member States and the Community


title: 2011/336/EU: Council Recommendation of 17 May 2011 on the appointment of the President of the European Central Bank

text:
               9.6.2011

               EN

               Official Journal of the European Union

               L 150/8

         COUNCIL RECOMMENDATION
   of 17 May 2011
   on the appointment of the President of the European Central Bank
   (2011/336/EU)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 283(2) thereof,
   Having regard to the Protocol on the Statute of the European System of Central Banks and of the European Central Bank, and in particular Article 11.2 thereof,
   HEREBY RECOMMENDS TO THE EUROPEAN COUNCIL:
   To appoint Mr Mario DRAGHI as President of the European Central Bank for a term of office of 8 years with effect from 1 November 2011.

      Done at Brussels, 17 May 2011.

            For the Council

            The President

         MATOLCSY Gy.


68/335/EEC: Commission Recommendation of 31 July 1968 to the Member States on the structural improvement of the market in the carriage of goods by inland waterway


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31987H0389

87/389/EEC: Commission Recommendation of 3 July 1987 to the French Republic concerning the adjustment of the State monopoly of a commercial character in matches vis- à-vis the new Member States (Only the French text is authentic)

Official Journal L 203 , 24/07/1987 P. 0056 - 0057

*****COMMISSION  RECOMMENDATION  of 3 July 1987  to the French Republic concerning the adjustment of the State monopoly of a commercial character in matches vis-à-vis the new Member States  (Only the French text is authentic)  (87/389/EEC)  1. By letter dated 1 April 1986, the French Government informed the Commission that, in the case of matches (CCT heading No 36.06), it was still applying its import monopoly within the meaning of Article 37 (1) of the EEC Treaty vis-à-vis the new Member States.  Article 1 of Law No 72/1069 of 4 December 1972 provides that the State alone may, import matches, this exclusive right being delegated to the 'Service d'exploitation industrielle des tabacs et des allumettes'. By Law No 80/495 of 2 July 1980, the monopoly was delegated to the 'Société d'exploitation industrielle des tabacs et des allumettes' (SEITA). Though the monopoly on the importation of matches still applies to imports from third countries, it is no longer applicable to imports of matches from the Community of Ten.  2. The first subparagraph of Articles 48 (1) and 208 (1) of the Act of Accession provides that Spain and Portugal shall, from 1 January 1986, progressively adjust their State monopolies of a commercial character within the meaning of Article 37 (1) of the EEC Treaty so as to ensure that by 31 December 1991, in the case of Spain, and 31 December 1992, in the case of Portugal, no discrimination regarding the conditions under which goods are procured and marketed exists between nationals of the Member States.  The second subparagraph of Articles 48 (1) and 208 (1) stipulates that the other Member States shall have obligations in relation to Spain and Portugal equivalent to those laid down in the first subparagraph for the two new Member States.  The third subparagraph of Articles 48 (1) and 208 (1) provides that the Commission shall make recommendations to the relevant Member States of the Community of Ten as to the manner in which and the timetable according to which the adjustment provided for in those Articles must be carried out.  3. Matches are not subject to any monopoly of a commercial character in the new Member States.  France has not yet taken any steps to liberalize imports of matches from the new Member States.  On 18 July 1986, the French Government pointed out that there had been no trade in matches with the new Member States in the five years prior to accession.  4. The Commission considers that, in carrying out the adjustment provided for in Articles 48 and 208 of the Act of Accession, the restrictions on imports of matches from Spain and Portugal must be gradually removed by immediately opening quotas and increasing them annually so as to ensure that the French monopoly is completely dismantled by 31 December 1991, in the case of Spain, and 31 December 1992 in the case of Portugal.  As there is no trade in matches between France and the two new Member States, the Commission believes that the initial level of the quota to be opened by France for this product can be set at a percentage of national production of matches in the country holding the monopoly.  Since, as stipulated in Articles 48 (1) and 208 (1) of the Act of Accession, the Member States of the Community of Ten must have equivalent obligations to those laid down for Spain and Portugal, the Commission considers it reasonable to base the adjustment of the French monopoly on the criteria applied to Spain, pursuant to Article 48 (3) of the Act of Accession and Annex V thereto, as regards the gradual adjustment of its monopoly in manufactured tobacco.  It was decided in this respect that Spain's basic quota volumes must be at least equivalent to certain percentages (5 % or 6 % depending on the product) of Spain's total average production during the last three years prior to accession for which statistics were available.  In addition, there was to be a gradual annual increase of at least 20 % in the quotas at the beginning of each year, with the previous year's quota being automatically increased by 20 %. 5. Since the production of matches in France is roughly the same as the combined production of the two new Member States, and since the same applies to the populations of the countries, the Commission considers that the initial quota which France has been required to open as from 1 January 1986 vis-à-vis the new Member States should be set at 5,5 % of its production.  The Commission also considers that the quota to be opened by France should be allocated between Spain and Portugal on the basis of their respective levels of production. According to the Commission's information, average production over the last three years 1984 to 1986 in the case of Spain and 1983 to 1985 in the case of Portugal was 31 000 million matches in Spain and 14 000 million in Portugal.  The Commission is therefore of the opinion that France should allocate 70 % of the quota to Spain and 30 % to Portugal.  So as to facilitate administration of the quota, the Commission considers that, even though the transitional period for Portugal is one year longer than that for Spain, it is reasonable not to treat the two new Member States differently at least until 1991.  6. For these reasons, and subject to the position the Commission may subsequently adopt in the light of the results of applying this Recommendation, the Commission hereby recommends to the French Republic, pursuant to the third subparagraph of Articles 48 (1) and 208 (1) of the Act of Accession:  (a) That it should open, for imports of matches (CCT heading No 36.06) from Spain and Portugal:  - in respect of each type of presentation or packaging (boxes or books of matches) and for the remaining period of 1987, a quota equal to not less than 6,6 % of national production in 1985, 70 % of the quota being allocated to Spain and 30 % to Portugal,  - the 1987 quota should be increased by at least 20 % in 1988,  - the previous year's quota should be increased by at least 20 % in the years thereafter.  It is understood that, by 31 December 1991 in the case of Spain and 31 December 1992 in the case of Portugal, all quantitative restrictions will have been removed.  The quotas should be administered in a transparent, objective and non-discriminatory manner. They should be opened for all operators without restriction, and the products imported under them should not be made subject to any exclusive marketing rights in France;  (b) That it should inform all interested parties, in particular by publishing a notice to importers in the Journal Officiel de la République française, of the possibilities available to them under the abovementioned quotas of obtaining supplies of matches falling within CCT heading No 36.06 from Spain and Portugal.  Done at Brussels, 3 July 1987.  For the Commission  Peter SUTHERLAND  Member of the Commission