title: Council Recommendation of 12 July 2016 on the 2016 National Reform Programme of Cyprus and delivering a Council opinion on the 2016 Stability Programme of Cyprus

text:
               18.8.2016

               EN

               Official Journal of the European Union

               C 299/27

         COUNCIL RECOMMENDATION
   of 12 July 2016
   on the 2016 National Reform Programme of Cyprus and delivering a Council opinion on the 2016 Stability Programme of Cyprus
   (2016/C 299/07)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Articles 121(2) and 148(4) thereof,
   Having regard to Council Regulation (EC) No 1466/97 of 7 July 1997 on the strengthening of the surveillance of budgetary positions and the surveillance and coordination of economic policies (1), and in particular Article 5(2) thereof,
   Having regard to Regulation (EU) No 1176/2011 of the European Parliament and of the Council of 16 November 2011 on the prevention and correction of macroeconomic imbalances (2), and in particular Article 6(1) thereof,
   Having regard to the recommendation of the European Commission,
   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)

               Cyprus was subject to a macroeconomic adjustment programme until 31 March 2016 in line with Article 1(2) of Council Implementing Decision 2013/463/EU (3). Under Article 12 of Regulation (EU) No 472/2013 of the European Parliament and of the Council (4), Cyprus was exempt from the monitoring and assessment of the European Semester for economic policy coordination for the duration of the programme. Having exited the programme, Cyprus is now fully re-integrated into the European Semester.

               (2)

               On 26 November 2015, the Commission adopted the Annual Growth Survey, marking the start of the 2016 European Semester for economic policy coordination. The priorities of the Annual Growth Survey were endorsed by the European Council on 17-18 March 2016. On 26 November 2015, on the basis of Regulation (EU) No 1176/2011, the Commission adopted the Alert Mechanism Report, in which it indicated that the situation of Cyprus will be assessed in the context of the macroeconomic imbalances procedure after the conclusion of the macroeconomic adjustment programme. On the same day, the Commission also adopted a recommendation for a Council Recommendation on the economic policy of the euro area. This Recommendation was endorsed by the European Council on 18-19 February 2016 and adopted by the Council on 8 March 2016 (5). As a country whose currency is the euro and in view of the close interlinkages between the economies in the economic and monetary union, Cyprus should ensure the full and timely implementation of the Recommendation.

               (3)

               The 2016 country report for Cyprus was published on 7 April 2016. It assessed Cyprus' economic and social situation and challenges following its exit from the macroeconomic adjustment programme on 31 March 2016, and Cyprus' progress towards its national Europe 2020 targets. It also included the in-depth review under Article 5 of Regulation (EU) No 1176/2011. On 7 April 2016, the Commission presented the results of the in-depth review. The Commission's analysis leads it to conclude that Cyprus is experiencing excessive macroeconomic imbalances. In particular, it is essential that it tackles the large stock of imbalances in the form of private, public and external debt overhang, and the high level of non-performing loans.

               (4)

               On 28 April 2016, Cyprus submitted its 2016 National Reform Programme, and on 13 May 2016, after the deadline, its 2016 Stability Programme. In order to take account of their interlinkages, the two programmes have been assessed at the same time.

               (5)

               Relevant country-specific recommendations have been addressed in the programming of the European Structural and Investment Funds for the 2014-2020 period. As foreseen in Article 23 of Regulation (EU) No 1303/2013 of the European Parliament and of the Council (6), where it is necessary to support the implementation of relevant Council recommendations, the Commission may request a Member State to review and propose amendments to its Partnership Agreement and relevant programmes. The Commission has provided further details on how it would make use of this provision in guidelines on the application of the measures linking effectiveness of the European Structural and Investment Funds to sound economic governance.

               (6)

               Following the abrogation of the excessive deficit procedure, Cyprus is in the preventive arm of the Stability and Growth Pact and subject to the transitional debt rule. The structural balance in 2015 is estimated to be in surplus reaching 1,7 % of GDP, exceeding the MTO by the same amount. Based on the Commission 2016 spring forecast, the medium-term budgetary objective is expected to continue to be met also in 2016. However, under unchanged policies, there is a risk of some deviation from the medium-term budgetary objective in 2017. Cyprus' structural balance is projected to deteriorate more than what is allowed under the transitional debt rule. Based on its assessment of the Stability Programme and taking into account the Commission 2016 spring forecast, the Council is of the opinion that there is a risk that Cyprus will not comply with the provisions of the Stability and Growth Pact. Therefore, further measures will be needed to ensure compliance in 2017.

               (7)

               Cyprus has implemented important fiscal-structural reforms under its macroeconomic adjustment programme. Certain pieces of secondary legislation have still to be adopted as regards the procedures for budget preparation, requirements for within-year budgetary adjustments and the responsibilities of commitment control officers. The public sector is still characterised by inefficiencies. In particular, the public administration is marked by one of the highest wage bills (as a percentage of GDP) in the euro area, while efficiency indicators remain average and can be traced to the lack of mobility and performance incentives. State-provided utilities (telecommunications, energy) are marked by high prices and are still relatively shielded from competition. Under the macroeconomic adjustment programme, Cyprus has committed itself to adopting a binding mechanism for limiting wage increases for public employees as a means of guaranteeing the long-term sustainability of public finances. While the draft law has been prepared and submitted to the House of Representatives, it is still awaiting adoption. Under the macroeconomic adjustment programme, a horizontal reform of the public administration, a reform plan of local governments and a new law on the governance of state-owned entities have been put forward to improve the efficiency of the public sector, but have not yet been adopted.

               (8)

               Private sector debt in Cyprus remains excessive. While the reformed foreclosure and insolvency frameworks constitute an important step towards balancing the rights of borrowers and creditors, there is scope for improving their efficiency and extending their use. A number of deficiencies in the functioning of these frameworks hamper putting private debt on a sustainable downward path and a faster reduction of non-performing loans. This also weighs on the capacity to offer second opportunities to entrepreneurs. A number of deficiencies also remain in the functioning of private sector debt restructuring solutions. Furthermore, the adoption of all necessary civil procedure rules and regulations is important for the effective implementation of the insolvency legislation. To be fully operational, the Insolvency Service needs appropriate staffing, IT infrastructure and a sufficient number of properly trained and licensed insolvency practitioners. Furthermore, reliable and swift systems for the issuance and transfer of title deeds are crucial to avoid backlogs and to provide purchasers with safeguards, ensuring the proper determining of property rights and contributing to the return of confidence in the housing market.

               (9)

               Cyprus also faces critical challenges as regards the functioning of the judicial system. Inefficient court procedures and limited capacity lead to significant delays in processing court cases, which hamper the functioning of the foreclosure and insolvency framework and weaken the business environment in general. In the absence of a reform of the civil procedure law, the processing and enforcement of court decisions and the reduction of backlogs remain slow.

               (10)

               Significant progress has been made under the macroeconomic adjustment programme to restructure and restore confidence in the Cypriot financial system. However, Cyprus still faces the challenge of restoring normal lending to the economy and reducing non-performing loans, which stand at around 55 % of total loans to households and non-financial corporations. High corporate debt makes businesses less competitive and weighs on their capacity to invest and grow. While progress is being made, banks' efforts to restructure the debt of viable borrowers have not yet shown tangible results and the provisioning of their non-performing exposure remains relatively moderate. Weaknesses in contract enforcement and the repayment discipline weigh on the capacity to tackle strategic defaults and to stem the formation of non-performing loans. Banks also have limited access to information on borrowers' income and assets, despite the creation of the credit registry.

               (11)

               Cyprus has come a long way in steering the economy out of recession, but investment remains low and the growth potential of the economy is subdued. Under the programme, Cyprus adopted an action plan for growth, which was aimed at improving competition, enhancing incentives to innovation and facilitating investment by creating a more transparent and efficient environment for conducting business and easing licensing and permit procedures. The implementation of the privatisation plan and the strengthening of national regulatory authorities aim at attracting productivity-enhancing foreign investment. Start-ups and SMEs currently have very limited options for access to finance, amid tight bank credit conditions and the lack of alternative sources of financing. Access to finance could be facilitated by an enhanced coordination of EU instruments such as the European Structural and Investment Funds, the European Fund for Strategic Investments and EU competitive programmes.

               (12)

               The labour market started recovering in 2015, but unemployment, although falling, remains high. In particular, youth and long-term unemployment are a source of concern. Some measures have been taken in the areas of active labour market policies and public employment services. However, the latter still lack the capacity to meet demand, to deliver quality job-search assistance and counselling and to reach out to the non-registered unemployed. Plans to strengthen the administrative capacity of the public employment services, including the specialisation of, and an increase in, the number of counsellors directly serving customers' needs, have been delayed. The effectiveness of active labour market policies is limited by the lack of effective monitoring of the quality of current programmes.

               (13)

               Participation of young people in vocational education and training remains low and is characterised by a lack of employer engagement in the education of students. However, measures are currently being implemented, in line with the strategy on vocational education and training.

               (14)

               Cyprus lacks universal healthcare coverage and its healthcare system fails to provide adequate and effective access to care. With low public funding for healthcare, unmet needs — due to cost as well as out-of-pocket payments — are significantly higher than in other EU Member States. There is scope for improving efficiency in the use of resources. More autonomy for public hospitals and the creation of a national health system are among the measures that have been considered relevant, but not yet adopted, to improve the adequacy and cost-effectiveness of the Cypriot health system.

               (15)

               In the context of the European Semester, the Commission has carried out a comprehensive analysis of Cyprus's economic policy and published it in the 2016 country report. It has also assessed the Stability Programme and the National Reform Programme of Cyprus. It has taken into account not only their relevance for sustainable fiscal and socioeconomic policy in Cyprus but also their compliance with EU rules and guidance, given the need to strengthen the EU's overall economic governance by providing EU-level input into future national decisions. The recommendations under the European Semester are reflected in recommendations (1) to (5) below.

               (16)

               In the light of this assessment, the Council has examined the Stability Programme and its opinion (7) is reflected in particular in recommendation (1) below.

               (17)

               In the light of the Commission's in-depth review and this assessment, the Council has examined the National Reform Programme and the Stability Programme. Its recommendations under Article 6 of Regulation (EU) No 1176/2011 are reflected in recommendations (1) to (5) below,

         HEREBY RECOMMENDS that Cyprus take action in 2016 and 2017 to:

               1.

               Following the correction of the excessive deficit, respect the medium-term budgetary objective in 2016 and in 2017. By the end of 2016, adopt a binding mechanism containing the growth rate of the compensation of public employees. By the end of 2016, adopt the horizontal reform of the public administration and the law on the governance of state-owned entities, and implement the reform of local governments. By the end of 2016, adopt the secondary legislation to complete the new budgetary framework.

               2.

               By June 2017, eliminate impediments to the full implementation of the insolvency and foreclosure frameworks and ensure adequate resources for the Insolvency Service. Ensure reliable and swift systems for the issuance of title deeds and the transfer of immovable property rights. Increase the efficiency and capacity of the court system. Reform the civil procedure law.

               3.

               By the end of 2016, take additional measures to ensure a decline in non-performing loans and accurate valuations of collateral for provisioning purposes. Increase the range of information available for creditors and enhance the information currently provided to make the credit registry fully effective.

               4.

               Remove impediments to investment, in particular by implementing the action plan for growth, pursuing the privatisation plan and strengthening the national regulatory authorities. Take measures to increase access to finance for small and medium-sized enterprises.

               5.

               Enhance the capacity of the public employment services and their provision to the long-term unemployed; improve outreach to the non-registered unemployed. Adopt legislation for a hospital reform and advance with the planned implementation of universal health care coverage.

      Done at Brussels, 12 July 2016.

            For the Council

            The President

         P. KAŽIMÍR

      (1)  OJ L 209, 2.8.1997, p. 1.

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

      (3)  Council Implementing Decision 2013/463/EU of 13 September 2013 on approving the macroeconomic adjustment programme for Cyprus and repealing Decision 2013/236/EU (OJ L 250, 20.9.2013, p. 40).

      (4)  Regulation (EU) No 472/2013 of the European Parliament and of the Council of 21 May 2013 on the strengthening of economic and budgetary surveillance of Member States in the euro area experiencing or threatened with serious difficulties with respect to their financial stability (OJ L 140, 27.5.2013, p. 1).

      (5)  OJ C 96, 11.3.2016, p. 1.

      (6)  Regulation (EU) No 1303/2013 of the European Parliament and of the Council of 17 December 2013 laying down common provisions on the European Regional Development Fund, the European Social Fund, the Cohesion Fund, the European Agricultural Fund for Rural Development and the European Maritime and Fisheries Fund and laying down general provisions on the European Regional Development Fund, the European Social Fund, the Cohesion Fund and the European Maritime and Fisheries Fund and repealing Council Regulation (EC) No 1083/2006 (OJ L 347, 20.12.2013, p. 320).

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


Avis juridique important

|

31999Y0520(01)

Council Recommendation of 29 April 1999 on the provision for the detection of false or falsified documents in the visa departments of representations abroad and in the offices of domestic authorities dealing with the issue or extension of visas

Official Journal C 140 , 20/05/1999 P. 0001 - 0002

COUNCIL RECOMMENDATIONof 29 April 1999on the provision for the detection of false or falsified documents in the visa departments of representations abroad and in the offices of domestic authorities dealing with the issue or extension of visas(1999/C 140/01)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the opinion of the European Parliament,Whereas, in accordance with Article K.1 of the Treaty on European Union, without prejudice to the powers of the European Community, the Member States regard the following areas, inter alia, as matters of common interest:- rules governing the crossing by persons of the external borders of the Member States and the exercise of controls thereon,- immigration policy and policy regarding nationals of third countries,- conditions of entry and movement by nationals of third countries on the territory of Member States,- conditions of residence by nationals of third countries on the territory of Member States including family reunion and access to employment,- combating unauthorised immigration, residence and work by nationals of third countries on the territory of Member States;Whereas it is intended to prevent document abuse when third-country nationals enter and stay in the territory of Member States;Whereas document abuse can be effectively counteracted by preventive measures;Whereas it is important to establish uniform levels of expertise and equipment for detecting forged documents in the visa-issuing authorities of Member States of the European Union,HEREBY RECOMMENDS TO THE GOVERNMENTS OF THE MEMBER STATES:Article 1In future, Member States should improve the conditions for issuing visas, in particular by ensuring that staff are increasingly better able to detect false or falsified documents through:- being equipped to an appropriate level, and- a corresponding emphasis on the skills and abilities required to carry out these examinations, including the systematic training measures needed for that purpose.Article 2The decision, which falls within national competence, on how to provide for offices engaged in the issue and extension of visas should be taken on the basis of the following determining factors:- number of visa applications,- known levels of falsifying and counterfeiting documents.The decisive factor for the provision of equipment shall be not so much the size of the office or the number of visas which it issues as the actual risk of falsification and counterfeiting occurring during the visa procedure. The aim shall be to detect the counterfeiting or falsification of passports on which visas are to be entered, passport substitutes, requisite invitations and other proof which is material to the visa procedure.Article 3The minimum level of technical provision is laid down in the Annex to this recommendation. The Annex shall be regularly adapted to technical progress.Article 4Member States should endeavour, on the basis of a national evaluation of the risk in each case and after due consideration of the financial resources, to bring the staff training and stafflevel and equipment required gradually into line with the criteria of this recommendation.In the context of local consular cooperation, Member States should consider the possibilities for making their equipment available as and when necessary to other Member States. Alternatively, Member States may consider as a further possibility the common use of equipment at local level. Training courses could be opened up to staff from other Member States. Knowledge and experience should be shared among technical staff.Done at Luxembourg, 29 April 1999.For the CouncilThe PresidentW. MÜLLERANNEXRECOMMENDED PROVISIONA. LOW RISKStaff:Staff with basic trainingEquipment required:- Ultra-violet light source- Portable ultra-violet lamps- Magnification/lighting- Hand-held lenses, or transparent slide - oblique light source- Combined document testing device equipped with magnifier, transmitted light and oblique light sources- Special testing devices- Retroviewer (to check reflective materials)- Test lenses, filter screens, etc. to check for latent security features in standard documents- Reference material- Reference guide to genuine passports (e.g. passport manual, annual passport guide)- European Fraud Bulletin.B. INTERMEDIATE RISKStaff:Staff with basic training; additional presence or availability of document specialists or other qualified staff from the visa office for the detection of false or falsified documentsEquipment required:- Ultra-violet light source- Portable and fixed ultra-violet lamps- Magnification- Low-power stereozoom microscope- Light source with flexible fibre-optic light guide- Light box for examinations using transmitted light- Special testing devices- Retroviewer (to check reflective materials)- Test lenses, filter screens, etc. to check for latent security features in standard documents- Reference material- Reference guide to genuine passports (e.g. passport manual, annual passport guide)- European Fraud Bulletin.C. HIGH RISKStaff:Highly qualified officers widely experienced in the detection of forgeries and/or permanently stationed document specialistsEquipment required:- Ultra-violet light source- Portable and fixed ultraviolet lamps- Magnification- Stereozoom microscope- Light source with flexible fibre-optic light guide- Light box for examinations using transmitted light- Special testing devices- Retroviewer (to check reflective materials)- Test lenses, filter screens, etc. to check for latent security features in standard documents- Infra-red scanning equipment- Infra-red document examination apparatus- Devices for the machine inspection of documents- OCR scanning devices (with verification of check digits)- machine authentication devices (e.g. for kinegram patterns)- Reference material- Reference guide to genuine passport (e.g. passport manual, annual passport guide)- European Fraud Bulletin- Database systems (information systems on genuine and false documents, and subject-search systems to identify stolen documents).


title: Commission Recommendation of 12 May 2009 on the implementation of privacy and data protection principles in applications supported by radio-frequency identification (notified under document number C(2009) 3200)

text:
               16.5.2009

               EN

               Official Journal of the European Union

               L 122/47

      COMMISSION RECOMMENDATION

   of 12 May 2009
   on the implementation of privacy and data protection principles in applications supported by radio-frequency identification
   (notified under document number C(2009) 3200)
   (2009/387/EC)
   THE COMMISSION OF THE EUROPEAN COMMUNITIES,
   Having regard to the Treaty establishing the European Community, and in particular Article 211 thereof,
   After consulting the European Data Protection Supervisor,
   Whereas:

               (1)

               Radio frequency identification (RFID) marks a new development in the information society where objects equipped with microelectronics that can process data automatically will increasingly become an integral part of every day life.

               (2)

               RFID is progressively becoming more common, and hence a part of individuals’ lives in a variety of domains such as logistics (1), healthcare, public transport, the retail trade, in particular for improved product safety and faster product recalls, entertainment, work, road toll management, luggage management, and travel documents.

               (3)

               RFID technology has the potential to become a new motor for growth and jobs and thus make a powerful contribution to the Lisbon Strategy, as it holds great promise in economic terms, where it can bring about new business opportunities, cost reduction and increased efficiency, in particular in tackling counterfeiting and in managing e-waste, hazardous materials, and the recycling of products at their end of life.

               (4)

               RFID technology enables the processing of data, including personal data, over short distances without physical contact or visible interaction between the reader or writer and the tag, such that this interaction can happen without the individual concerned being aware of it.

               (5)

               RFID applications hold the potential to process data relating to an identified or identifiable natural person, a natural person being identified directly or indirectly. They can process personal data stored on the tag such as a person’s name, birth date or address or biometric data or data connecting a specific RFID item number to personal data stored elsewhere in the system. Furthermore, the potential exists for this technology to be used to monitor individuals through their possession of one or more items that contain an RFID item number.

               (6)

               Because of its potential to be both ubiquitous and practically invisible, particular attention to privacy and data protection issues is required in the deployment of RFID. Consequently, privacy and information security features should be built into RFID applications before their widespread use (principle of ‘security and privacy-by-design’).

               (7)

               RFID will only be able to deliver its numerous economic and societal benefits if effective measures are in place to safeguard personal data protection, privacy and the associated ethical principles that are central to the debate on public acceptance of RFID.

               (8)

               Member States and stakeholders should, especially in this initial phase of RFID implementation, make further efforts to ensure that RFID applications are monitored and the rights and freedoms of individuals are respected.

               (9)

               The Commission communication of 15 March 2007‘Radio frequency identification (RFID) in Europe: steps towards a policy framework’ (2) announced that clarification and guidance would be provided on the data protection and privacy aspects of RFID applications through one or more Commission Recommendations.

               (10)

               The rights and obligations concerning the protection of personal data and the free movement of such data, as provided for by Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (3) and Directive 2002/58/EC of the European Parliament and of the Council of 12 July 2002 concerning the processing of personal data and the protection of privacy in the electronic communications sector (Directive on privacy and electronic communications) (4) are fully applicable to the use of RFID applications that process personal data.

               (11)

               The principles laid down in Directive 1999/5/EC of the European Parliament and of the Council of 9 March 1999 on radio equipment and telecommunications terminal equipment and the mutual recognition of their conformity (5) should be applied in the development of RFID applications.

               (12)

               The Opinion of the European Data Protection Supervisor (6) provides guidance as to how to handle products that contain tags which are provided to individuals and calls for privacy and security impact assessments to identify and develop ‘best available techniques’ to safeguard the privacy and security of RFID systems.

               (13)

               RFID application operators should take all reasonable steps to ensure that data does not relate to an identified or identifiable natural person through any means likely to be used by either the RFID application operator or any other person, unless such data is processed in compliance with the applicable principles and legal rules on data protection.

               (14)

               The Commission communication of 2 May 2007‘Promoting data protection by privacy enhancing technologies (PETs)’ (7) sets out clear actions to achieve the goal of minimising the processing of personal data and using anonymous or pseudonymous data wherever possible by supporting the development of PETs and their use by data controllers and individuals.

               (15)

               The Commission communication of 31 May 2006‘A strategy for a secure information society — “Dialogue, partnership and empowerment”’ (8) acknowledges that diversity, openness, interoperability, usability and competition are key drivers for a secure information society, highlights the role of Member States and public administrations in improving awareness and in promoting good security practices, and invites private-sector stakeholders to take initiatives to work towards affordable security certification schemes for products, processes and services addressing EU-specific needs, in particular with respect to privacy.

               (16)

               The Council Resolution of 22 March 2007 on a strategy for a secure information society in Europe (9) invites Member States to give due attention to the need to prevent and fight new and existing security threats to electronic communications networks.

               (17)

               A framework developed at Community level for conducting privacy and data protection impact assessments will ensure that the provisions of this Recommendation are followed coherently across Member States. The development of such framework should build on existing practices and experiences gained in Member States, in third countries and in the work conducted by the European Network and Information Security Agency (ENISA) (10).

               (18)

               The Commission will ensure the development of guidelines at Community level on information security management for RFID applications, building on existing practices and experiences gained in Member States and third countries. Member States should contribute to that process and encourage private entities and public authorities to participate.

               (19)

               An assessment of the privacy and data protection impacts carried by the operator prior to the implementation of an RFID application will provide the information required for appropriate protective measures. Such measures will need to be monitored and reviewed throughout the lifetime of the RFID application.

               (20)

               In the retail trade sector, an assessment of the privacy and data protection impacts of products containing tags which are sold to consumers should provide the necessary information to determine whether there is a likely threat to privacy or the protection of personal data.

               (21)

               The use of international standards, such as those developed by the International Organisation for Standardisation (ISO), codes of conduct and best practices which are compliant with the EU regulatory framework can help to manage information security and privacy measures throughout the whole RFID-enabled business process.

               (22)

               RFID applications with implications for the general public, such as electronic ticketing in public transport, require appropriate protective measures. RFID applications that affect individuals by processing, for example, biometric identification data or health-related data, are especially critical with regard to information security and privacy and therefore require specific attention.

               (23)

               Society as a whole needs to be aware of the obligations and rights that are applicable in relation to the use of RFID applications. The parties that deploy the technology therefore have a responsibility to provide individuals with information on the use of these applications.

               (24)

               Raising awareness among the public and small and medium-sized enterprises (SMEs) about the features and capabilities of RFID will help allow this technology to fulfil its economic promise while at the same time mitigating the risks of it being used to the detriment of the public interest, thus enhancing its acceptability.

               (25)

               The Commission will contribute to the implementation of this Recommendation directly and indirectly by facilitating dialogue and cooperation among stakeholders, in particular through the Competitiveness and Innovation Framework Programme (CIP) established by Decision No 1639/2006/EC of the European Parliament and of the Council (11) and Seventh Framework Research Programme (FP7) established by Decision No 1982/2006/EC of the European Parliament and of the Council (12).

               (26)

               Research and development on low-cost privacy-enhancing technologies and information security technologies is essential at Community level to promote a wider take-up of these technologies under acceptable conditions.

               (27)

               This Recommendation respects the fundamental rights and observes the principles recognised in particular by the Charter of Fundamental Rights of the European Union. In particular, this Recommendation seeks to ensure full respect for private and family life and the protection of personal data,

         HEREBY RECOMMENDS:

      Scope

               1.

               This Recommendation provides guidance to Member States on the design and operation of RFID applications in a lawful, ethical and socially and politically acceptable way, respecting the right to privacy and ensuring protection of personal data.

               2.

               This Recommendation provides guidance on measures to be taken for the deployment of RFID applications to ensure that national legislation implementing Directives 95/46/EC, 1999/5/EC and 2002/58/EC is, where applicable, respected when such applications are deployed.

      Definitions

               3.

               For the purposes of this Recommendation the definitions set out in Directive 95/46/EC should apply. The following definitions should also apply:

                           (a)

                           ‘radio frequency identification (RFID)’ means the use of electromagnetic radiating waves or reactive field coupling in the radio frequency portion of the spectrum to communicate to or from a tag through a variety of modulation and encoding schemes to uniquely read the identity of a radio frequency tag or other data stored on it;

                           (b)

                           ‘RFID tag’ or ‘tag’ means either a RFID device having the ability to produce a radio signal or a RFID device which re-couples, back-scatters or reflects (depending on the type of device) and modulates a carrier signal received from a reader or writer;

                           (c)

                           ‘RFID reader or writer’ or ‘reader’ means a fixed or mobile data capture and identification device using a radio frequency electromagnetic wave or reactive field coupling to stimulate and effect a modulated data response from a tag or group of tags;

                           (d)

                           ‘RFID application’ or ‘application’ means an application that processes data through the use of tags and readers, and which is supported by a back-end system and a networked communication infrastructure;

                           (e)

                           ‘RFID application operator’ or ‘operator’ means the natural or legal person, public authority, agency, or any other body, which, alone or jointly with others, determines the purposes and means of operating an application, including controllers of personal data using an RFID application;

                           (f)

                           ‘information security’ means preservation of the confidentiality, integrity and availability of information;

                           (g)

                           ‘monitoring’ means any activity carried out for the purpose of detecting, observing, copying or recording the location, movement, activities or state of an individual.

      Privacy and data protection impact assessments

               4.

               Member States should ensure that industry, in collaboration with relevant civil society stakeholders, develops a framework for privacy and data protection impact assessments. This framework should be submitted for endorsement to the Article 29 Data Protection Working Party within 12 months from the publication of this Recommendation in the Official Journal of the European Union.

               5.

               Member States should ensure that operators, notwithstanding their other obligations pursuant to Directive 95/46/EC:

                           (a)

                           conduct an assessment of the implications of the application implementation for the protection of personal data and privacy, including whether the application could be used to monitor an individual. The level of detail of the assessment should be appropriate to the privacy risks possibly associated with the application;

                           (b)

                           take appropriate technical and organisational measures to ensure the protection of personal data and privacy;

                           (c)

                           designate a person or group of persons responsible for reviewing the assessments and the continued appropriateness of the technical and organisational measures to ensure the protection of personal data and privacy;

                           (d)

                           make available the assessment to the competent authority at least six weeks before the deployment of the application;

                           (e)

                           once the framework for privacy and data protection impact assessments as set out in point 4 is available, implement the above provisions in accordance with it.

      Information security

               6.

               Member States should support the Commission in identifying those applications that might raise information security threats with implications for the general public. For such applications, Member States should ensure that operators, together with national competent authorities and civil society organisations, develop new schemes, or apply existing schemes, such as certification or operator self-assessment, in order to demonstrate that an appropriate level of information security and protection of privacy is established in relation to the assessed risks.

      Information and transparency on RFID use

               7.

               Without prejudice to the obligations of data controllers, in accordance with Directives 95/46/EC and 2002/58/EC, Member States should ensure that operators develop and publish a concise, accurate and easy to understand information policy for each of their applications. The policy should at least include:

                           (a)

                           the identity and address of the operators;

                           (b)

                           the purpose of the application;

                           (c)

                           what data are to be processed by the application, in particular if personal data will be processed, and whether the location of tags will be monitored;

                           (d)

                           a summary of the privacy and data protection impact assessment;

                           (e)

                           the likely privacy risks, if any, relating to the use of tags in the application and the measures that individuals can take to mitigate these risks.

               8.

               Member States should ensure that operators take steps to inform individuals of the presence of readers on the basis of a common European sign, developed by European standardisation organisations, with the support of concerned stakeholders. The sign should include the identity of the operator and a point of contact for individuals to obtain the information policy for the application.

      RFID applications used in the retail trade

               9.

               On the basis of a common European sign, developed by European standardisation organisations, with the support of concerned stakeholders, operators should inform individuals of the presence of tags that are placed on or embedded in products.

               10.

               When conducting the privacy and data protection impact assessment as referred to in points 4 and 5, the operator of an application should specifically determine whether tags placed on or embedded in products sold to consumers through retailers who are not operators of that application represent a likely threat to privacy or the protection of personal data.

               11.

               Retailers should deactivate or remove at the point of sale tags used in their application unless consumers, after being informed of the policy referred to in point 7, give their consent to keep tags operational. Deactivation of the tags should be understood as any process that stops those interactions of a tag with its environment which do not require the active involvement of the consumer. Deactivation or removal of tags by the retailer should be done immediately and free of charge for the consumer. Consumers should be able to verify that the deactivation or removal is effective.

               12.

               Point 11 should not apply if the privacy and data protection impact assessment concludes that tags that are used in a retail application and would remain operational after the point of sale do not represent a likely threat to privacy or the protection of personal data. Nevertheless, retailers should make available free of charge an easy means to, immediately or at a later stage, deactivate or remove these tags.

               13.

               Deactivation or removal of tags should not entail any reduction or termination of the legal obligations of the retailer or manufacturer towards the consumer.

               14.

               Points 11 and 12 should apply only to retailers that are operators.

      Awareness raising actions

               15.

               Members States, in collaboration with industry, the Commission and other stakeholders, should take appropriate measures to inform and raise awareness among public authorities and companies, in particular SMEs, of the potential benefits and risks associated with the use of RFID technology. Specific attention should be given to information security and privacy aspects.

               16.

               Member States, in collaboration with industry, civil society associations, the Commission and other relevant stakeholders, should identify and provide examples of good practice in the implementation of RFID applications to inform and raise awareness among the general public. They should also take appropriate measures, such as large-scale pilot projects, to increase public awareness of RFID technology, its benefits, risks and implications of use, as a prerequisite for wider take-up of this technology.

      Research and development

               17.

               Member States should cooperate with industry, relevant civil society stakeholders and the Commission to stimulate and support the introduction of the ‘security and privacy by design’ principle at an early stage in the development of RFID applications.

      Follow-up

               18.

               Member States should take all necessary measures to bring this Recommendation to the attention of all stakeholders which are involved in the design and operation of RFID applications within the Community.

               19.

               Member States should inform the Commission at the latest 24 months following the publication of this Recommendation in the Official Journal of the European Union of action taken in response to this Recommendation.

               20.

               Within three years from the publication of this Recommendation in the Official Journal of the European Union, the Commission will provide a report on the implementation of this Recommendation, its effectiveness and its impact on operators and consumers, in particular as regards the measures recommended in points 9 to 14.

      Addressees

               21.

               This Recommendation is addressed to the Member States.

      Done at Brussels, 12 May 2009.

            For the Commission

         Viviane REDING

            Member of the Commission

      (1)  COM(2007) 607 final.

      (2)  COM(2007) 96 final.

      (3)  OJ L 281, 23.11.1995, p. 31.

      (4)  OJ L 201, 31.7.2002, p. 37.

      (5)  OJ L 91, 7.4.1999, p. 10.

      (6)  OJ C 101, 23.4.2008, p. 1.

      (7)  COM(2007) 228 final.

      (8)  COM(2006) 251 final.

      (9)  OJ C 68, 24.3.2007, p. 1.

      (10)  Article 2(1) of Regulation (EC) No 460/2004 of the European Parliament and of the Council (OJ L 77, 13.3.2004, p. 1).

      (11)  OJ L 310, 9.11.2006, p. 15.

      (12)  OJ L 412, 30.12.2006, p. 1.


Avis juridique important

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E1996C0085

RECOMMENDATION OF THE EFTA SURVEILLANCE AUTHORITY No 85/96/COL of 10 July 1996 concerning a coordinated programme of inspections in 1996 to ensure compliance with maximum levels of pesticide residues in and on certain products of plant origin, including fruit and vegetables

Official Journal L 285 , 07/11/1996 P. 0026 - 0029

RECOMMENDATION OF THE EFTA SURVEILLANCE AUTHORITY No 85/96/COL of 10 July 1996 concerning a coordinated programme of inspections in 1996 to ensure compliance with maximum levels of pesticide residues in and on certain products of plant origin, including fruit and vegetables THE EFTA SURVEILLANCE AUTHORITY,Having regard to the EEA Agreement, and in particular Article 109 and Protocol 1 thereof,Having regard to the Surveillance and Court Agreement, and in particular Article 5 (2) (b) and Protocol 1 thereof,Having regard to the Act referred to in point 54 of Chapter XII of Annex II to the EEA Agreement (Council Directive 90/642/EEC of 27 November 1990 on the fixing of maximum levels for pesticide residues in and on certain products of plant origin, including fruit and vegetables, as amended) and in particular Article 4 (3) thereof,Whereas Article 4 (2) of Directive 90/642/EEC requires the EFTA States to send to the EFTA Surveillance Authority by 1 August 1995 all necessary information on the implementation during 1994 of their national programmes of inspection to ensure compliance with maximum levels of pesticide residues set in Annex II to the said Directive; whereas the Authority has received certain information in accordance with this requirement;Whereas Article 4 (1) of Directive 90/642/EEC requires the EFTA States to draw up forward programmes laying down the nature and frequency of the inspections to be carried out to ensure compliance with the established list of maximum levels of pesticide residues;Whereas, by recommendation of the EFTA Surveillance Authority of 19 April 1995, concerning a coordinated programme of inspections in 1995 to ensure compliance with maximum levels of pesticide residues in and on certain products of plant origin, including fruit and vegetables, the Authority recommended the EFTA States to send to the Surveillance Authority by 1 September 1995 their intended national monitoring programmes for 1996; whereas the Authority has received certain information in response to this Recommendation;Whereas Annex II of Directive 90/642/EEC, as amended, contains lists of harmonized maximum residue levels for certain pesticides, which should be subject to the national and coordinated programmes of inspections in 1996;Whereas the amount of information made available to the EFTA Surveillance Authority is not sufficient to permit a complete overview of the EFTA States' completed and intended programmes of inspections;Whereas it remains necessary to recommend general basic arrangements for the inspections for pesticide residues to be carried out by the EFTA States during 1996 in order to ensure compliance with the mandatory maximum levels of pesticide residues and to contribute to the good functioning of the European Economic Area;Whereas it is important that information on current national quality assurance measures applied to sampling and analyses of pesticide residue levels is made available by the EFTA States as a basis for further discussion;Whereas it would also be helpful for the establishment of future recommendations for the EFTA Surveillance Authority to be informed in advance of the EFTA States' forward programmes for 1997 for the monitoring of maximum levels of pesticide residues provided for by Directive 90/642/EEC;Whereas the inspections and check sampling by EFTA States to ensure compliance with the maximum levels of pesticide residues set out in the list referred to in Article 1 (1) of Directive 90/642/EEC should be carried out in accordance with the requirements of the Act referred to in point 20 of Chapter XII of Annex II to the EEA Agreement (Directive 79/700/EEC establishing Community methods of sampling for the official control of pesticide residues in and on fruit and vegetables), the Act referred to in point 37 of Chapter XII of Annex II to the EEA Agreement (Directive 85/591/EEC concerning the introduction of Community methods of sampling and analysis for the monitoring of foodstuffs intended for human consumption) and the Acts referred to in points 50 and 54n on Chapter XII of Annex II to the EEA Agreement (Directives 89/397/EEC and 93/99/EEC on the official control of foodstuffs);Whereas Liechtenstein shall comply with the provisions of the acts referred to in chapter XII of Annex II to the EEA Agreement by 1 January 2000; whereas Liechtenstein shall do its utmost to comply with the provisions of the acts referred to in that chapter by 1 January 1997; whereas therefore Liechtenstein should not be included in this Recommendation for 1996;Whereas Norway and Iceland have been consulted within the EFTA Foodstuffs Committee assisting the EFTA Surveillance Authority on 7 November 1995,HAS ADOPTED THIS RECOMMENDATION:It is recommended that Norway and Iceland:1. as a priority criterion, monitor products from a significant proportion of the groups of products set out in Annex I of Directive 90/642/EEC;2. as a priority criterion, take a minimum number of samples reflecting production, consumption and importation into the EEA of each product regularly throughout 1996 or during the marketing season of the product, with clearly recorded origin and stage of trade or marketing;3. as a priority criterion, analyse for residues of as many pesticides listed in Annex II to Directive 90/642/EEC as possible, bearing in mind the analytical methods employed;4. as a priority criterion, draw up a general report on the current application of their quality assurance measures applied to sampling and analyses of pesticide residues, for information, at the same time as the report referred to in recommendation 6;5. as a specific exercise for 1996, sample and analyse for the product/pesticide residue combinations set out in Annex, on the basis of a target number of 30 samples of each product, reflecting as appropriate, national, EEA and third country shares of the EFTA State's market and report the results, including analytical methods used and quality assurance measures, by 1 July 1997 if possible, but at the latest by 1 August 1997;6. send to the EFTA Surveillance Authority all the information as required by Article 4 (2) of Directive 90/642/EEC and, in particular report the results of the monitoring exercise for 1995 concerning pesticides listed in Annex II to Directive 90/642/EEC;and7. by 1 September 1996, send to the EFTA Surveillance Authority their intended national monitoring programme for the year 1997.Done at Brussels, 10 July 1996.For the EFTA Surveillance AuthorityKnut ALMESTADPresidentANNEX MRLs to be monitored in the specific exercise for 1996 set out in recommendation 5 >TABLE>


title: Commission recommendation No 160/78/ECSC of 27 January 1978 imposing a provisional anti-dumping duty on certain sheets and plates, of iron or steel, originating in the German Democratic Republic, Romania and Spain

text:
28 . 1 . 78                          Official Journal of the European Communities                               No L 23/33
                             COMMISSION RECOMMENDATION No 160/ 78 / ECSC
                                                      of 27 January 1978
               imposing a provisional anti-dumping duty on certain sheets and plates, of iron
               or steel, originating in the German Democratic Republic, Romania and Spain
THE COMMISSION OF THE EUROPEAN                                     the first six months of 1977, imports originating in
COMMUNITIES,                                                       the German Democratic Republic, Romania and
                                                                   Spain having risen from 193 000 tonnes in 1974 to
Having regard to the Treaty establishing the European              124 000 tonnes during the first six months of 1977,
Coal and Steel Community, and in particular Articles               and that, as a result, they have been able to acquire a
74 and 86 thereof,                                                 market share in the Community of 20 % in total and
                                                                   1 1 % for imports originating in the German Democ
Having regard to Commission recommendation                         ratic Republic, Romania and Spain , together with
77/329/ECSC on protection against dumping or the                   those from Bulgaria, Czechoslovakia and Japan which
granting of bounties or subsidies by countries which               are already subject to a provisional anti-dumping duty,
are not members of the European Coal and Steel                     and that, on the other hand, the Community steel
Community ('), as amended by recommendation No                     industry is in a crisis situation characterized by a
3004/77/ECSC (2), and in particular Articles 1 5 and 1 9           reduction of about 40 % in the production of the
thereof,                                                           sheets and plates concerned between 1974 and 1977
                                                                   in the Community and by a reduction in the number
Having heard the opinions expressed within the Advi               employed from 780 000 to 720 000 between 1974 and
sory Committee provided for by recommendation                      1977 and by short-time working and that, as a result,
77/329/ECSC,                                                       the Community steel industry recorded serious losses
                                                                   in most of the firms concerned ;
Whereas the Commission has received a complaint,
submitted in the name of the relevant Community
industry, setting out evidence as to the existence of             Whereas, in order to remedy this situation, the
dumping of certain sheets and plates, of iron or steel,            Commission has introduced inter alia a system of
originating in the German Democratic Republic,                    guidance prices (4) for sales within the Community of
Romania, Spain and certain other countries, and of                certain steel products produced by the European steel
material injury resulting therefrom ;                              industry ;
Whereas the Commission has published basis
prices (3) based on the lowest normal prices or costs of          Whereas the import prices into the Community of
production in the supplying countries where normal                 products originating in the German Democratic Repu
conditions of competition prevail, including the costs            blic, Romania and Spain are considerably lower than
of transport, insurance and customs duties ;                      these guidance prices and that such undercutting
                                                                  prevents the European producers from achieving the
Whereas the prices of imports into the Community of               guidance prices and jeopardizes the equilibrium of the
the products which are the subject of the complaint               entire pricing system and threatens to cause material
have been compared with these basis prices ;                      injury to the Community industry or to a major part
                                                                  of it ;
Whereas a preliminary examination of the matter
based on this comparison shows that these products,
originating in the German Democratic Republic,                    Whereas immediate action has been requested by a
Romania and Spain, are offered for import within the              Member State ;
Community (the French market) at prices lower than
the basis prices and that dumping has taken place, the
margin of which is constituted by this undercutting ;             Whereas, in the serious conditions being experienced
                                                                  by the Community steel industry, the interests of the
Whereas, with regard to injury to the industry                    Community require immediate action ;
concerned, the evidence submitted to the Commis
sion shows that, on the one hand, imports into the                Whereas it is for the Commission, without prejudice
Community of the products increased globally from                 to the results of the investigation opened in accor
1 242 000 tonnes in 1974 to 903 000 tonnes during                 dance with Article 1 1 of recommendation 77/329/
(') OJ No L 114, 5. 5. 1977, p. 6.
                                                                  ECSC, to decide promptly to apply provisional
(2) OJ No L 352, 31 . 12. 1977, p. 13 .                           measures consisting of the imposition of a provisional
(3) Communication from the Commission of 31 December
    1977 concerning the basis prices of certain steel products    (4) OJ No L 114, 5. 5. 1977, p. 1 ; OJ No C 174, 22. 7. 1977
    (OJ No L 353, 31 . 12. 1977, p. 1 ).                              and OJ No L 352, 31 . 12. 1977, p. 17.
 ---pagebreak--- No L 23 /34                       Official Journal of the European Communities                              28 . 1 . 78
anti-dumping duty on imports of the products                 3 . The provisions in force for the collection of
concerned, originating in the German Democratic              customs duty shall apply to the collection of this duty.
Republic, Romania and Spain, the rate of which corres
ponds to the difference between the basis price                                    Article 2
published by the Commission for this product and its
price on importation into the Community,                    The entry of the products described in Article 1 for
                                                             consumption within the Community shall be condi
                                                             tional upon the deposit of a security for the amount of
HAS ADOPTED THIS RECOMMENDATION :
                                                             the provisional duty.
                        Article 1                                                  Article 3
1 . A provisional anti-dumping duty is hereby               This recommendation is addressed to the Member
imposed on the following products originating in the         States .
German Democratic Republic, Romania and Spain :
— sheets and plates, of iron or steel, other than elec      They shall take all necessary measures to ensure that
    trical , not further worked than hot-rolled, of a        the provisions apply with effect from 28 January 1978
    thickness of 2 mm or more,                               for a maximum period of three months.
— Common Customs Tariff subheading 73.13 B I a),
— NIMEXE codes 73.13-17, 19 , 21 , 23 and 26 .               Done at Brussels, 27 January 1978 .
2. The amount of this duty shall be the amount by
                                                                                For the Commission
which the effective price (basic price plus extras) esta
blished by contract, free frontier duty-paid, is lower                               Wilhelm HAFERKAMP
than the effective price (basic price plus extras)
published by the Commission for this product.                                             Vice-President


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31983K0375

Commission Recommendation No 375/83/ECSC of 14 February 1983 imposing a definitive countervailing duty on imports of certain sheets and plates, of iron or steel, originating in Brazil and suspending the application of this duty

Official Journal L 045 , 17/02/1983 P. 0011 - 0013 Finnish special edition: Chapter 11 Volume 10 P. 0157  Spanish special edition: Chapter 11 Volume 28 P. 0117  Swedish special edition: Chapter 11 Volume 10 P. 0157  Portuguese special edition Chapter 11 Volume 28 P. 0120

*****COMMISSION  RECOMMENDATION No 375/83/ECSC  of 14 February 1983  imposing a definitive countervailing duty on imports of certain sheets and plates, of iron or steel, originating in Brazil and suspending the application of this duty  THE COMMISSION OF THE EUROPEAN  COMMUNITIES,  Having regard to the Treaty establishing the European Coal and Steel Community,  Having regard to Commission recommendation No 3018/79/ECSC of 21 December 1979 on protection against dumped or subsidized imports from countries not members of the European Coal and Steel Community (1), as last amended by recommendation No 3025/82/ECSC (2), and in particular Article 12 thereof,  After consultations within the Advisory Committee as provided for under the above recommendation,  Whereas in March 1982 the Commission received a complaint, lodged by the Walzstahl-Vereinigung, Duesseldorf, on behalf of almost all Community producers of sheets and plates, of iron or steel, hot-rolled or cold-rolled, of a thickness of less than 3 mm; whereas the complaint contained evidence of subsidies being paid on the production or export of the like products originating in Brazil, and of material injury resulting therefrom, particularly in the Federal Republic of Germany.  Whereas the information supplied provided sufficient evidence to justify initiating a proceeding; whereas the Commission accordingly, after consultation with the Brazilian authorities, announced, by a notice published in the Official Journal of the European Communities (3), the initiation of a proceeding concerning imports of certain sheets and plates, of iron or steel, originating in Brazil, and commenced an investigation of the matter at Community level;  Whereas the Commission officially so advised the exporters and importers known to be concerned, as well as the representatives of the exporting country and the complainants;  Whereas the Commission gave the Brazilian Government and the parties directly concerned the opportunity to make known their views in writing and to be heard orally; whereas all exporters and the Brazilian Government have taken this opportunity;  Whereas, in order to arrive at a determination of the subsidies involved, the Commission sought to obtain and verify all information which it deemed to be necessary; whereas the Commission carried out inspections at the premises of all three Brazilian exporters Cosipa, São Paulo, CSN, Rio de Janeiro and Usiminas, Belo Horizonte; whereas the Commission also sought information from the Brazilian authorities and verified the information supplied by them at the Ministry of Finance in Rio de Janeiro;  Whereas the Commission chose 1 June 1981 to 31 May 1982 as the reference period for its investigation of subsidization;  Whereas the Commission determined that the Brazilian exports under consideration have benefited from subsidies with regard to the IPI export credit premium, preferential working capital financing under resolution 674 and the CDI investment programme;  Whereas the IPI export credit premium and the supply of preferential working capital under resolution 674 are contingent on export performance while the benefits of the CDI programme are available irrespective of exports;  Whereas the IPI export credit premium has been paid by the Brazilian Government to all the companies concerned; whereas this premium, the nominal rate of which was 15 % until 30 March 1982 and 14 % after that date, has been calculated on the basis of an adjusted fob invoice price taking account of elements like for example commissions paid to agents and the input factor of imported material; whereas the premium received by each company has been allocated as closely as possible to the total fob value of the products under consideration which were exported to the Community during the investigation period; whereas the subsidy effect thus calculated is 12,95 % for Cosipa, 11,04 % for CSN and 4,65 % for Usiminas;  Whereas, with regard to preferential working capital financing made available by the Central Bank of Brazil under resolution 674, all three companies have benefited from the provision of such working capital at a rate of 40 % per annum; whereas at the same time the comparable commercial rate available to them was 68 % while the Treasury bill rate (ORTN), which is equivalent to the cost of short-term money to the Brazilian Government, was even higher; whereas the Commission calculated the subsidy effect of this  programme during the investigation period by subtracting the amount of the interest payable on the preferential loans during that period from the amount of interest which would have been payable had the loans been granted at the normal commercial rate; whereas this difference has been allocated to the total fob value of exports during the investigation period; whereas the subsidy effect thus calculated is 1,38 % for Cosipa, 3,56 % for CSN and 0,29 % for Usiminas;  Whereas the CDI investment programme, under certain circumstances, grants duty-free treatment and an exemption from IPI tax on imported machinery; whereas the total amount of import duty and IPI tax saved by Cosipa and Usiminas since 1971, when they first benefited from this programme, has been allocated over a period of 15 years which is the usual depreciation period for capital goods in Brazil; whereas the amounts thus obtained correspond to 0,44 % of Cosipa's and 0,16 % of Usiminas' total domestic and export fob sales value in 1981; whereas CSN only disclosed those savings under the CDI programme which accrued in 1981, but has admitted benefiting from this programme prior to that time; whereas the Commission considered it appropriate, therefore, to allocate the entire 1981 amount to the fob value of all sales made in that year; whereas the subsidy effect thus calculated for CSN is 2,88 %;  Whereas the aggregate effect of the export subsidies determined to have been granted was 11,94 %, equivalent to 35,62 ECU per tonne while the CDI investment programme had an aggregate effect of 1,11 %, equivalent to 3,31 ECU per tonne;  Whereas, in the context of its anti-dumping investigation concerning imports of like products originating in Brazil, the Commission has determined that imports of cold-rolled coils and sheets, of a thickness of less than 3 mm, originating in Brazil have been causing material injury to a Community industry; whereas the facts and considerations which led the Commission to this conclusion are set out in Commission recommendation No 2975/82/ECSC of 8 November 1982 imposing a definitive anti-dumping duty on imports of certain sheets and plates, of iron or steel, originating in Brazil (1); whereas, based on the same facts and considerations, the Commission now determines that subsidized imports of cold-rolled coils and sheets originating in Brazil have caused material injury to the Community industry concerned;  Whereas, in the serious conditions experienced by the Community steel industry, the interests of the Community call for the imposition of a definitive countervailing duty; whereas, having regard to the injury caused, it is appropriate that the amount of the duty should be equal to the cumulative effect of the subsidies found to exist on the export prices;  Whereas, under Community law, no product shall be subject to both anti-dumping and countervailing duties for the purpose of dealing with one and the same situation arising from dumping or from subsidization, that is the sale of products for export at a price lower than the comparable price paid or payable for the like product when sold on the domestic market;  Whereas, under these circumstances, it is appropriate to suspend the application of the countervailing duty to the extent that it offsets the effect of the export subsidies; whereas, having regard to the extent of protection afforded to the Community industry by the anti-dumping duty already in force, it is also appropriate for the time being to suspend the countervailing duty to the extent of the effect of the CDI programme on export prices;  Whereas, with regard to Brazilian exports of hot-rolled sheets, the Commission, for the reasons given in recommendation No 2975/82/ECSC, has determined that at this time the Community's interests do not call for protective action,  MAKES THE FOLLOWING RECOMMENDATION:  Article 1  1. A definitive countervailing duty is hereby imposed on sheets and plates, of iron or steel, not further worked than cold-rolled, of a thickness of less than 3 mm, falling within subheadings 73.13 B II b) and c) of the Common Customs Tariff and corresponding to NIMEXE codes 73.13-43, 45, 47 and 49, originating in Brazil.  2. The amount of the duty shall be 38,93 ECU per 1 000 kilograms net.  3. The provisions in force concerning customs duties shall apply for the application of the duty.  Article 2  The application of the countervailing duty imposed by Article 1 is hereby suspended.  Article 3  The anti-subsidy proceeding concerning sheets and plates, of iron or steel, not further worked than hot-rolled, of a thickness of less than 3 mm, is hereby terminated.  Article 4  This recommendation shall enter into force on the day following its publication in the Official Journal of the European Communities.  Done at Brussels, 14 February 1983.  For the Commission  Étienne DAVIGNON  Vice-President  (1) OJ No L 339, 31. 12. 1979, p. 15.  (2) OJ No L 317, 13. 11. 1982, p. 17.  (3) OJ No C 146, 10. 6. 1982, p. 4.  (1) OJ No L 312, 9. 11. 1982, p. 10.


title: Commission Recommendation of 28 April 2010 on the research joint programming initiative A healthy diet for a healthy life

text:
               1.5.2010

               EN

               Official Journal of the European Union

               L 110/36

         COMMISSION RECOMMENDATION
   of 28 April 2010
   on the research joint programming initiative ‘A healthy diet for a healthy life’
   (2010/250/EU)
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 181(2) thereof,
   Whereas:

               (1)

               Health of the citizens is essential for growth and prosperity in the Union.

               (2)

               In the last 3 decades the levels of overweight and obesity in the population of the Union have risen dramatically, particularly among children.

               (3)

               The trend of poor diet and low physical activity across the population of the Union is worsening.

               (4)

               The prevalence of a number of chronic conditions such as cardiovascular disease, hypertension, type 2 diabetes, strokes, certain cancers, musculo-skeletal disorders and even a range of mental health conditions, is increasing.

               (5)

               If common lifestyle risk factors, among others diet-related ones, were eliminated, around 80 % of cases of heart disease, strokes and type 2 diabetes, and 40 % of cancers, could be avoided.

               (6)

               At its meeting on 3 December 2009, the Competitiveness Council recognised ‘Health, food and prevention of diet-related diseases’ (the title was later changed to ‘A healthy diet for a healthy life’) as an area where joint programming would provide a major added value to the current, fragmented research efforts by Member States. It therefore adopted conclusions recognising the need to launch a joint programming initiative on the subject and inviting the Commission to contribute to the preparation of that initiative. The Council also reaffirmed that joint programming is a process led by Member States, with the Commission acting as a facilitator.

               (7)

               Joint programming of research in the field of food and health would provide for coordination of research on the impact of lifestyles and diet on health, contributing significantly to construction of a fully operational European Research Area on prevention of diet-related diseases and strengthening leadership and competitiveness of the research activities in this field.

               (8)

               In order to ensure the efficiency of the joint efforts of Member States in the field of food and health, Member States should develop and implement a strategic research agenda based on a common approach to prevention of diet-related diseases.

               (9)

               With a view to ensuring effective management of the joint action to be taken, Member States should set up a common management structure with a mandate to establish common conditions, rules and procedures for cooperation and coordination and to monitor implementation of the strategic research agenda.

               (10)

               In order to achieve the goals set by this Recommendation, Member States should cooperate with the Commission on exploring possible Commission initiatives to assist Member States with developing and implementing the strategic research agenda.

               (11)

               In order for the Commission to be able to report to the European Parliament and to the Council, Member States should report regularly to the Commission on the progress made on this joint programming,

         HAS ADOPTED THIS RECOMMMENDATION:

               1.

               Member States are encouraged to develop a common vision on how cooperation and coordination in the field of research at Union level can help to improve prevention of diet-related diseases.

               2.

               Member States are encouraged to develop a strategic research agenda establishing medium- to long-term research needs and objectives in the area of prevention of diet-related diseases. The strategic research agenda should contain an implementation plan establishing priorities and timelines and specifying the action, instruments and resources required for the implementation for the strategic research agenda.

               3.

               Member States are encouraged to include the following actions, as part of the strategic research agenda and of the implementation plan:

                           (a)

                           identifying and exchanging information on relevant national programmes and research activities;

                           (b)

                           identifying areas or research activities that would benefit from coordination or joint calls for proposals or pooling of resources;

                           (c)

                           exchanging information, resources, best practices, methods and guidelines, particularly while establishing large cohorts and clinical studies;

                           (d)

                           defining the procedure, including quality criteria, for research to be undertaken jointly, in the areas referred to in point (b);

                           (e)

                           sharing, where appropriate, existing research infrastructure or developing new facilities such as coordinated databases, biobanks or models for data extrapolation to humans;

                           (f)

                           exporting and disseminating knowledge, innovation and interdisciplinary approaches and ensuring the effective use of research outputs to enhance European competitiveness and policy making;

                           (g)

                           encouraging and supporting closer collaboration between the public and private sectors, together with open innovation between different business sectors;

                           (h)

                           creating a network between existing centres specialising particularly in consumer science, nutrition and processing technologies.

               4.

               Member States are encouraged to set up a common management structure in the field of prevention of diet-related diseases with a mandate to establish common conditions, rules and procedures for cooperation and coordination and to monitor implementation of the strategic research agenda.

               5.

               Member States are encouraged to jointly implement the strategic research agenda, including via their national research programmes or other national research activities.

               6.

               Member States are encouraged to cooperate with the Commission with a view to exploring possible Commission initiatives to assist Member States in developing and implementing the strategic research agenda and with a view to coordinating the joint programmes with other Union initiatives in this field.

               7.

               Member States are encouraged to report regularly to the Commission on the progress made on this joint programming initiative.

      Done at Brussels, 28 April 2010.

            For the Commission

         Máire GEOGHEGAN-QUINN

            Member of the Commission


Avis juridique important

|

31973H0256

73/256/EEC: Commission Recommendation of 29 June 1973 to the Government of Denmark on the draft order implementing Regulation (EEC) No 2829/72

Official Journal L 235 , 23/08/1973 P. 0023 - 0023

COMMISSION RECOMMENDATION of 29 June 1973 to the Government of Denmark on the draft order implementing Regulation (EEC) No 2829/72 (73/256/EEC) In a letter dated 5 February 1973, the Office of the Danish Permanent Representative sent to the Commission the text of a draft order laying down provisions for the implementation of Council Regulation (EEC) No 2829/72 (1) of 28 December 1972 on the Community quota for road carriage of goods between Member States.  This constitutes consultation within the meaning of Article 7 of Council Regulation (EEC) No 2829/72.  The Commission takes note of the fact that the Danish draft order contains the implementing measures which the Member States must take pursuant to the abovementioned Regulation. Such measures must cover the organization, the procedure and the means of supervision, and the penalties for breaches of the Regulation.    1. The Commission notes that the draft order repeats certain provisions already contained in the abovementioned Community Regulation.  Under Article 189 of the Treaty, the provisions of this Regulation are directly applicable in the Member States and entered into force in Denmark on 1 January 1973. There is therefore no need to incorporate these provisions in national instruments. This could lead to confusion as to the entry into force or the direct applicability of Community Regulations as such. The repetition, even in part, of provisions of a Community Regulation in a national legal instrument should at most be permitted only where this is necessary to make the instrument comprehensible to users.  The Commission accordingly recommends the Danish government to delete from the draft order the following provisions, for which no justification exists:  Article 2, 3 and 6, paragraph 2 in their entirety.  Article 8  "... in particular where they are not being sufficiently used or are being used solely for bilateral transport operations."       2. As regards their intention and general substance, the other provisions of the draft order fulfil the requirements of the abovementioned Regulation.  However, it would have been desirable that the Danish government completes its provisions of implementation, especially concerning penalties, based on the Commission's Recommendation of 9 June 1969 (2) to the Member States regarding the introduction of the Regulation of the Community quota.  Done at Brussels, 29 June 1973.  For the Commission  The President  François-Xavier ORTOLI  (1)OJ No L 298, 31.12.1972, p. 16. (2)OJ No L 165, 5.7.1969, p. 7.