title: Commission Recommendation of 6 December 2007 on risk reduction measures for the substances: Piperazine; Cyclohexane; Methylenediphenyl diisocyanate; But-2yne-1,4-diol; Methyloxirane; Aniline; 2-Ethylhexylacrylate; 1,4-Dichlorobenzene; 3,5-dinitro-2,6-dimethyl-4-tert-butylacetophenone; Di-(2-ethylhexyl)phthalate; Phenol; 5-tert-butyl-2,4,6-trinitro-m-xylene (notified under document number C(2007) 5901) (Text with EEA relevance )

text:
               7.2.2008

               EN

               Official Journal of the European Union

               L 33/8

      COMMISSION RECOMMENDATION

   of 6 December 2007
   on risk reduction measures for the substances: Piperazine; Cyclohexane; Methylenediphenyl diisocyanate; But-2yne-1,4-diol; Methyloxirane; Aniline; 2-Ethylhexylacrylate; 1,4-Dichlorobenzene; 3,5-dinitro-2,6-dimethyl-4-tert-butylacetophenone; Di-(2-ethylhexyl)phthalate; Phenol; 5-tert-butyl-2,4,6-trinitro-m-xylene
   (notified under document number C(2007) 5901)
   (Text with EEA relevance)
   (2008/98/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), (EC) No 2268/95 (3) and (EC) No 143/97 (4) respectively concerning the first, second and third list of priority substances as foreseen under Regulation (EEC) No 793/93:

                           —

                           Piperazine,

                           —

                           Cyclohexane,

                           —

                           Methylenediphenyl diisocyanate,

                           —

                           But-2-yne-1,4-diol,

                           —

                           Methyloxirane,

                           —

                           Aniline,

                           —

                           2-Ethylhexylacrylate,

                           —

                           1,4-Dichlorobenzene,

                           —

                           3,5-dinitro-2,6-dimethyl-4-tert-butylacetophenone,

                           —

                           Di-(2-ethylhexyl)phthalate (DEHP),

                           —

                           Phenol,

                           —

                           5-tert-butyl-2,4,6-trinitro-m-xylene.

               (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 (5) and have suggested a strategy for limiting the risks in accordance with Regulation (EEC) No 793/93.

               (3)

               The Scientific Committee on Toxicity, Ecotoxicity and the Environment (SCTEE) or 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 of 7 February 2008 (6) on the risk evaluation and the risk reduction strategies for the substances: Piperazine; Cyclohexane; Methylenediphenyl diisocyanate; But-2yne-1,4-diol; Methyloxirane; Aniline; 2-Ethylhexylacrylate; 1,4-Dichlorobenzene; 3,5-dinitro-2,6-dimethyl-4-tert-butylacetophenone; Di-(2-ethylhexyl)phthalate; Phenol; 5-tert-butyl-2,4,6-trinitro-m-xylene.

               (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
   PIPERAZINE

         (CAS No 110-85-0; Einecs No 203-808-3)

   Risk reduction measures for the environment (1, 2, 3)

               1.

               The competent authorities in the Member States concerned lay down conditions, emission limit values or equivalent parameters or technical measures regarding piperazine in the permits issued under Council Directive 96/61/EC (7) (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.

               2.

               Member States should carefully monitor the implementation of BAT regarding piperazine and report any important developments to the Commission in the framework of the exchange of information on BAT. To facilitate permitting and monitoring under Council Directive 96/61/EC (Integrated Pollution Prevention and Control) piperazine should be included in the ongoing work to develop guidance on ‘Best Available Techniques’ (BAT).

               3.

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

         SECTION 2
   METHYLENEDIPHENYL DIISOCYANATE

         (CAS No 26447-40-5; Einecs No 247-714-0)

   Risk reduction measures for workers (4)

               4.

               Employers using MDI for uses identified as a concern in the risk assessment should take note of any sector specific guidance developed at national level based on the practical non-binding guidance, to be published by and available from the Commission as foreseen under Article 12(2) of Council Directive 98/24/EC (8) (Chemical Agents Directive).

         SECTION 3
   BUT-2-YNE-1,4-DIOL

         (CAS No 110-65-6; Einecs No 203-788-6)

   Risk reduction measures for workers

               5.

               Employers using But-2-yne-1,4-diol for uses identified as a concern in the risk assessment and especially the use of flakes, should take note of any sector specific guidance developed at national level based on the practical non-binding guidance, to be published by and available from the Commission as foreseen under Article 12(2) of Directive 98/24/EC (Chemical Agents Directive).

         SECTION 4
   ANILINE

         (CAS No 62-53-3; Einecs No 200-539-3)

   Risk reduction measures for workers (6), Consumers (7) and the environment (8, 9, 10, 11)

               6.

               That employers using Aniline for use in to develop activities with foreseeable exposure (e.g. servicing or maintenance work on closed systems) should take note of any sector specific guidance developed at national level based on the practical non-binding guidance, to be published by and available from the Commission as foreseen under Article 12(2) of Directive 98/24/EC (Chemical Agents Directive).

               7.

               Member States should carry out an active and effective market surveillance of the situation in their territories concerning the presence of Aniline containing consumer products and to notify the Commission through the Rapid Alert System of Directive 2001/95/EC (9) (General Product Safety). If proved necessary these products should be removed from the market as being unsafe under the general safety obligation provisions of the Directive.

               8.

               For the river basins where emissions of Aniline may cause a risk, the relevant Member State(s) establish EQSs and the national pollution reduction measures to achieve those EQS in 2015 shall be included in the river basin management plans in line with the provisions of Council and Parliament Directive 2000/60/EC (10) (Water Framework Directive).

               9.

               Competent authorities in the Member States concerned lay down conditions, emission limit values or equivalent parameters or technical measures regarding Aniline in the permits issued under Council Directive 96/61/EC (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.

               10.

               Member States should carefully monitor the implementation of BAT regarding Aniline and report any important developments to the Commission in the framework of the exchange of information on BAT. To facilitate permitting and monitoring under Council Directive 96/61/EC (Integrated Pollution Prevention and Control) Aniline should be included in the ongoing work to develop guidance on ‘Best Available Techniques’ (BAT).

               11.

               Local emissions to the aquatic environment and via air emissions of Aniline should, where necessary, be controlled by national rules to ensure that no risk for the environment is expected. The measures identified to protect the environment will also reduce exposure of humans via the environment.

         SECTION 5
   DI-(2-ETHYLHEXYL)PHTHALATE (DEHP)

         (CAS No 117-81-7; Einecs No 204-211-0)

   Risk reduction measures for the environment

               12.

               For the river basins where emissions of DEHP may cause a risk, the relevant Member State(s) establish EQSs and the national pollution reduction measures to achieve those EQS in 2015 shall be included in the river basin management plans in line with the provisions of Council and Parliament Directive 2000/60/EC (Water Framework Directive).

         SECTION 6
   PHENOL

         (CAS No 108-95-2; Einecs No 203-632-7)

   Risk reduction measures for Consumers and the environment

               13.

               Member States should carry out an active and effective market surveillance of the situation in their territories concerning the presence of consumer products containing phenol and, if necessary, should notify the Commission through the Rapid Alert System of Directive 2001/95/EC (General Products Safety Directive). If proven necessary, these products should be removed from the market as being unsafe under the general safety obligation provisions of the Directive.

               14.

               Competent authorities in the Member States concerned should lay down, in the permits issued under Directive 96/61/EC, emission limit values or equivalent parameters or technical measures regarding phenol in order to operate by 31 October 2007 according to the BAT taking into account the technical characteristic of the installations concerned, their geographical location and the local environmental conditions. Competent authorities in the Member States concerned should pay special regard to potential risks from phenol production and/or processing sites, in respect of industrial wastewater treatment plants situated at such sites, and in respect of humans exposed via the environment (plant shoots contaminated by air emissions from such sites).

               15.

               Member States should carefully monitor the implementation of BAT regarding phenol and report any important developments to the Commission in the framework of the exchange of information on BAT. To facilitate permitting and monitoring under Council Directive 96/61/EC (Integrated Pollution Prevention and Control) phenol should be included in the ongoing work to develop guidance on ‘Best Available Techniques’ (BAT).

               16.

               Local emissions to the environment and to industrial wastewater treatment plants should, where necessary, be controlled by national rules to ensure that no risk for the microorganisms in the industrial wastewater treatment plants and to humans exposed via the environment is expected.

         SECTION 7
   ADDRESSEES

               17.

               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, 6 December 2007.

            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 Parlament and of the Council (OJ L 284, 31.10.2003, p. 1).

      (2)  OJ L 131, 26.5.1994, p. 3.

      (3)  OJ L 231, 28.9.1995, p. 18.

      (4)  OJ L 25, 28.1.1997, p. 13.

      (5)  OJ L 161, 29.6.1994, p. 3.

      (6)  OJ C 34, 7.2.2008, p. 1.

      (7)  OJ L 257, 10.10.1996, p. 26. Directive as last amended by Regulation (EC) No 166/2006 of the European Parliament and of the Council (OJ L 33, 4.2.2006, p. 1).

      (8)  OJ L 131, 5.5.1998, p. 11. Directive as amended by Directive 2007/30/EC of the European Parliament and of the Council (OJ L 165, 27.6.2007, p. 21).

      (9)  OJ L 11, 15.1.2002, p. 4.

      (10)  OJ L 327, 22.12.2000, p. 1. Directive as amended by Decision No 2455/2001/EC (OJ L 331, 15.12.2001, p. 1).


Important legal notice

|

52007DC0803(05)

Commission Recommendation on the broad guidelines for the economic policies of the Member States and the Community (under Article 99 of the EC Treaty)  /* COM/2007/0803 final */

	[pic] | COMMISSION OF THE EUROPEAN COMMUNITIES |Brussels, 11.12.2007COM(2007) 803 finalPART ICOMMUNICATION FROM THE COMMISSION TO THE SPRING EUROPEAN COUNCILStrategic report on the renewed Lisbon strategy for growth and jobs: launching the new cycle (2008-2010) Keeping up the pace of changeKEEPING UP THE PACE OF CHANGEBY RE-LAUNCHING THE LISBON STRATEGY IN 2005, AND REFOCUSING IT ON GROWTH AND JOBS, EUROPE HAS COME A LONG WAY. THERE HAS BEEN A SIGNIFICANT AND PERMANENT CHANGE IN THE WAY THE UNION WORKS: A CLOSE PARTNERSHIP AND A CLEAR DIVISION OF RESPONSIBILITIES BETWEEN MEMBER STATES AND THE COMMISSION HAVE MADE POSSIBLE A BIG STEP FORWARD.The results are already visible. The economy is performing much better than it was in 2005. The growth figures are strong. Almost 6.5 million new jobs have been created in the last two years. Another 5 million are expected to be created up to 2009. Behind these figures stand millions of Europeans who have been lifted out of the misery of unemployment and whose lives have changed for the better.Of course, some of the current upturn is cyclical. But structural reforms implemented by Member States and the Union within the framework of the Lisbon strategy in the last few years have made a difference, and they are the best protection against a cyclical downturn.The Lisbon Strategy is the EU's vehicle for accompanying change. This makes it an essential part of the Union's response to globalisation, helping Europeans to shape this new set of challenges and opportunities.Reform can be tough. It can sometimes be unpopular. But the path of reform is the only one in tune with today's needs. Our success so far should spur us on to further efforts in the next cycle of the Strategy.This means keeping up the pace of change. Too many Europeans are still unemployed. We do not yet have the best environment for business to grow. Europe is still fragmented when it comes to fostering innovation and research and development; the contribution from the private sector is still insufficient. We have only just begun to transform the EU into a low-carbon economy. Given the risk of a global slowdown in growth, it is essential to press ahead with reform and increase the resilience of our economies.The Lisbon strategy requires strong leadership. When Europe gives that leadership, action follows. The priority actions agreed by the 2006 Spring European Council have generated real momentum. It is now much easier and quicker to set up a business in most Member States. Common principles on flexicurity have been agreed. This provides a strong basis for a fresh political impetus.We have to build on this momentum and agree on a focused list of ambitious new actions. Here are a few examples of what we need to do together:-  reduce the number of early school leavers to ensure that no one is left behind in the age of globalisation;-  give Europe a new "fifth freedom", the free movement of knowledge, to allow Europe to capitalise on its creative potential;-  roll out high-speed internet to stimulate innovation and keep Europe at the forefront of the internet age;-  stimulate small and medium sized enterprises through a Small Business Act for Europe;-  improve substantially the energy efficiency of our buildings, using our huge procurement budgets to drive change;-  reinforce the education-research-innovation triangle, notably through the establishment and operation of the European Institute for Innovation and Technology (EIT) and the Joint Technology Initiatives (JTI).Europe has a unique opportunity to transform itself into a creative, modern innovation-friendly, low-carbon economy, with a dynamic business environment, a highly-skilled work force and high-quality education, underpinned by a strong social model. The Lisbon Strategy for growth and jobs is part of helping Europeans to prosper with an agenda of access, opportunity and solidarity which will enable us to benefit from being open to the wider world and to shape globalisation to reflect European values.José Manuel Durão BarrosoBrussels, 11th December 2007TABLE OF CONTENTS1. Introduction 52. Structural reforms implemented during the First Lisbon cycle (2005-2008) 63. Deepening the Lisbon Strategy in the next Lisbon cycle 73.1. Pressing ahead with reforms at national level 73.2. Strengthening economic policy co-ordination 83.3. Reforms needed at Community level, including the Community Lisbon Programme 93.4. Shaping the external agenda 93.5. Integrating national, Community and international action into an effective policy response 104. Actions in the four priority areas 104.1. Investing in people and modernising labour markets 104.2. Unlocking the business potential, especially of SMEs 124.3. Investing in knowledge and innovation 134.4. Energy and climate change 155. Follow-up after the 2008 Spring European Council 161. INTRODUCTIONWith the re-launch of the Lisbon Strategy in 2005, the European Union and its Member States committed themselves to a new partnership aimed at securing sustainable growth and jobs.Almost three years later, the results of this partnership are clearly visible. Economic growth has risen from 1.8% in 2005 and is expected to reach 2.9% in 2007 and 2.4% in 2008. While most of the recent upturn is cyclical, structural reforms in the Member States have also contributed. Almost 6.5 million new jobs have been created in the last two years. Another 5 million jobs are expected to be created up to 2009. Unemployment is expected to fall to under 7%, the lowest level since the mid-80's. The employment rate, currently at 66%, has moved much closer to the overall Lisbon target of 70%. For the first time in a decade, strong increases in employment have gone hand in hand with robust productivity growth. Standards of living in the Member States that recently joined the EU are visibly rising.However, not all Member States have undertaken reforms with equal determination. Reforms in some areas, such as opening up markets and tackling labour market segmentation, have lagged behind. At the same time, the context is becoming less favourable as a result of a global economic slowdown, financial turmoil and higher commodity prices.At the Informal European Council in Lisbon in October 2007, Heads of State and Government discussed the European response to globalisation[1]. They confirmed the central place of the renewed Lisbon strategy and called for it to be deepened during the next cycle. They also emphasised that the EU should use the Strategy to help shape globalisation in line with its own values and interests. The Union’s model of development, combining competitiveness with solidarity and sustainability, and its long experience of economic integration, can be major assets in the age of globalisation. With the signature of the Lisbon Treaty, the EU will enter a new phase. Having resolved key institutional questions, the EU can now turn its attention to the issues that directly affect its citizens in their everyday lives.The first part of this Communication to the 2008 Spring European Council sets out the Commission's proposals for taking the Strategy forward. While underlining the importance of macro-economic stability, it emphasises the need to implement outstanding reforms to reinforce the fundamentals to sustain solid economic growth in the future and help the EU withstand adverse developments in the global economy.The second part consists of an assessment of progress made by each Member State (and the euro area) in the implementation of its National Reform Programme and of the country-specific recommendations, as adopted by Council[2]. The third part is a companion document containing a detailed assessment of progress by policy area[3]. The Lisbon package furthermore contains: (1) a proposal for a Council recommendation to update the country-specific recommendations and 'points to watch'; (2) a proposal for a Council recommendation to re-affirm the Integrated Guidelines for growth and jobs; (3) a new Community Lisbon Programme; and (4) an analysis of the reorientation of the structural funds in support of growth and jobs.2. STRUCTURAL REFORMS IMPLEMENTED DURING THE FIRST LISBON CYCLE (2005-2008)Although there is a broad consensus on what needs to be done, the pace of delivery has been uneven. All Member States have implemented substantive reforms since 2005 but some have responded more robustly to the challenge than others. Some signs of "reform fatigue" have become apparent over the last twelve months.On the positive side, budget deficits have been reduced from 2.5% of GDP in 2005 to a forecasted 1.1% in 2007, whilst public debt has declined from 62.7% in 2005 to just below 60% in 2007. Nonetheless, the opportunity to use the relatively strong growth conditions to reduce structural deficits has not been fully seized, especially in the euro area.In some Member States, the improving growth conditions have been accompanied by a gradual build-up of imbalances, as witnessed by large current account deficits with signs of overheating, a loss of competitiveness, increasing household indebtedness as well as rapidly rising house prices.The euro has been an anchor of stability. It has facilitated the functioning of the single market to the benefit of the euro area and the EU as a whole. The potential estimated growth rate of GDP in the euro area has increased by 0.2 percentage points since 2005 to 2.25%, which is partly due to the effects of structural reforms.Productivity growth reached 1.5% in 2006, compared to an annual growth rate of 1.2% between 2000 and 2005. However, Europe is still lagging behind other leading economies both in investment in information and communication technologies (ICT) and in terms of their use to enhance productivity. Opening up network industries and services to competition has been slow and important obstacles to market entry remain. Some Member States lag behind with the implementation of internal market directives. Likewise, efforts to improve the intellectual and industrial property framework and to speed up standardisation have not borne fruit.The EU’s better regulation agenda is gradually being put in place, although many Member States still need to implement the necessary instruments, including impact assessments and methods to measure and reduce administrative burdens.It is now much easier and cheaper to start a business in almost all Member States. Europe, as a whole, however, does not yet have a dynamic entrepreneurial culture. Too often, efforts to improve the business environment are made in a piecemeal way as opposed to being part of an integrated approach geared towards the growth of SMEs. Whilst Member States have set targets committing themselves to significantly increasing R&D investments which would help the EU approach its 3% of GDP target by 2010, the evidence does not yet reflect this ambition.Employment growth has been impressive, although some regions and groups have benefited less. Many Member States have begun to reform their pension and early retirement systems. This has contributed to a large and sustained increase in the employment rate of older workers, although the 50% target is still some way off. The employment rate for women has increased significantly (at 57.2%, it is approaching the 60% target), even though Member States should take further steps to promote gender equality on the labour market.About half of the Member States have developed - or are developing - policies on the basis of a 'flexicurity' approach. Yet the policy response remains fragmented. A sustained move from passive to active labour market policies is underway. Member States are reforming social security systems, especially through changes to their tax and benefit systems, so as to balance rights and obligations. More flexible labour contracts for particular categories (e.g. new entrants) have been introduced but have not been backed up sufficiently by opportunities to acquire new skills which can help people to advance in the labour market. The more difficult task of reforming the rules governing other kinds of contracts has received little attention. As a result, many labour markets remain segmented, with well-protected insiders and more precarious outsiders on contracts with uncertain prospects.Equally, lifelong learning falls far short of what is required, particularly among the low-skilled, who need it most. Education and training systems are not yet sufficiently responsive to labour market needs.The EU has made the first steps towards transforming itself into a low carbon society. There is progress in meeting the overall EU Kyoto target and, at the Spring 2007 European Council, the EU committed itself to ambitious targets for greenhouse gas reduction and increasing the share of renewable energies by 2020.A detailed account of progress at Member State level can be found in Part II of this Communication.3. DEEPENING THE LISBON STRATEGY IN THE NEXT LISBON CYCLEAlthough the economy is in better shape than in 2005, the EU goes into the new Lisbon cycle against a background of slowing global growth and risks arising from the financial turmoil and rising oil and commodity prices. Now is therefore the time to decide to deepen the implementation of the Strategy to bolster confidence and strengthen economic fundamentals to weather possible economic downturns.3.1. Pressing ahead with reforms at national levelThe key challenge for Member States during the next cycle is to implement the outstanding reforms, particularly in those areas which are detailed in the country-specific recommendations and 'points to watch'.Given that it takes time to implement reforms and see their results, the Commission proposes to maintain the current set of recommendations largely unchanged and to fine-tune them in the light of progress made since their adoption in spring 2007.In order to maximise their impact on growth and jobs, the new generation of EU Cohesion policy programmes are required to "earmark" over 60% of these funds[4] in support of the National Reform Programmes (NRPs). € 347 bn will be available for cohesion in the period 2007-2013. This will be complemented by national public and private co-financing of some € 160 bn. In total, € 70 bn will be mobilised annually up to 2013, mostly in support of the NRPs. Now that the programming phase has been completed, it is important to ensure that expenditures reflect the earmarking commitments and are not subsequently shifted to lower priority areas.Local and regional authorities are already actively involved in the renewed Lisbon Strategy through the programming and implementation of earmarked cohesion programmes. Further efforts are necessary to reinforce wider stakeholder involvement, and to intensify the exchange of experience, ideas and best practice, which is already a major strength of the strategy. In this context, the Commission welcomes the strong interest of the European Parliament, the European Economic and Social Committee and the Committee of the Regions in particular to monitor the extent of stakeholder involvement in the strategy.3.2. Strengthening economic policy co-ordinationMember States' economies are highly inter-dependent. There are many benefits to be gained if all move in the same direction and if reforms are aligned in time. The new governance of the Lisbon strategy, with its emphasis on partnership between EU and Member States, has proved its worth. The integrated guidelines are a key instrument for closer economic policy co-ordination under the renewed strategy. They offer a general framework within which Member States at different stages of development and with different social systems and institutional frameworks can pursue their own national reform agendas and are sufficiently broad to allow for adjustments in the light of changes to the policy environment. There is broad consensus among Member States and stakeholders that the guidelines should not be changed and that the focus should be kept on implementation[5].For these reasons, the Commission proposes to re-affirm the current guidelines for the next cycle, whilst updating the explanatory notes which explain the context within which they should be implemented. This includes, for example, putting a stronger emphasis on measures aimed at investing more in people and at modernising labour markets. Member States should review their NRPs to ensure that they are up-to-date for the new cycle and should continue to include a broad range of stakeholders in their development and implementation.Experience over the last three years has shown that the co-ordination of reforms should be strengthened further. The Commission therefore proposes that Member States discuss their specific policy responses to the country-specific recommendations and ‘points to watch’ as part of the multilateral surveillance process in Council. To structure the debate, each Member State should, as part of its implementation report, submit an action plan in which it sets out the measures it will take to follow-up the recommendations and/or points to watch.In addition, the argument for coordinating reforms is even stronger in the euro area. Proposals for more effective co-ordination and governance in the euro area will be part of the review of the functioning of EMU to mark its tenth anniversary, which the Commission will present before summer 2008.3.3. Reforms needed at Community level, including the Community Lisbon ProgrammeThe new Community Lisbon programme (CLP) is the Community's contribution to the renewed Lisbon Strategy. It should be seen as the counterpart to the NRPs, setting out those Community actions which add the greatest value to reforms undertaken by Member States, and which will produce the greatest impact on growth and jobs. While some CLP measures only require adoption by the Commission, most also require adoption on a priority basis by the Council and Parliament. There is a need for a concerted political drive by all the EU institutions to reach agreement on these measures in the next cycle to boost growth and jobs. The full CLP is presented in a separate Communication.It is important at Community level to close the remaining gaps in the single market, particularly in services, so that the full benefits of national reforms can be reaped. The Commission has recently presented its vision for a single market for the 21st century[6]. Some of the proposed measures will be taken forward through the CLP. They aim to empower consumers and small businesses and improve the implementation and enforcement of single market rules, for instance through "single market centres" at national level and regular monitoring of price developments for consumer goods. Enforcing consumer legislation will help consumers exercise choice of producers, thereby promoting competitiveness.3.4. Shaping the external agendaWhilst the EU needs to protect its citizens, its interests and its values, protectionism cannot be the solution. As the world's leading trader and investor, its openness allows lower cost inputs for industry, lower prices and a wider choice for consumers, a competitive stimulus for business, and new investment.Globalisation is the context within which the Lisbon strategy operates and this must be built more effectively into its delivery. This can be done in a number of ways:-  the EU should use all its instruments to ensure that its openness is maintained and matched by increased access to third country markets for its companies:Multilateral negotiations, in particular, the successful conclusion of the Doha Trade Round, and on-going bilateral trade deals must be used to open new market opportunities and remove tariff and other barriers to trade[7]. They should also be used to promote a rule-based approach supporting high standards of social and environmental protection. In addition, the Commission will report annually on market access, identifying countries and sectors where significant barriers remain. This should normally give rise to consultations with the countries concerned. If problems remain, the use of Community trade instruments and/or action in the WTO should be considered. Particular attention will be paid to improving access to procurement markets and enforcement of intellectual property rights, fair competition, as well as to market access for SMEs.-  the EU should upgrade its strategic dialogues with key third countries to develop mutually beneficial solutions, promote higher standards and greater regulatory convergence:Thanks to its experience with the single market, the EU can contribute specific expertise (e.g. on market integration, social protection, employment and workers' rights, health care, environmental protection, competition rules, customs) which could be beneficial to its key partners, whilst discussions could also lead to solutions in areas where the EU has strategic interests (e.g. market access, energy, climate change, managing migration, decent work, technological standards and IPR, SME policy). New approaches, taking account of the specificities of each partner, should be developed, such as the recently launched Transatlantic Economic Council. Particular attention should be paid to the neighbourhood of the Union.3.5. Integrating national, Community and international action into an effective policy responseThe 2006 Spring European Council agreed four priority areas as the pillars of the renewed Strategy ( knowledge and innovation, unlocking business potential, investing in people and modernising labour markets, energy/climate change). These areas are inter-related; if pursued in parallel, they constitute an integrated policy approach.In each of these four areas, the 2006 Spring European Council also endorsed a limited number of specific, concrete actions for delivery by the end of the first cycle. The success rate in implementing these actions is good. For example, it is now possible in all but a few Member States to start up a business within one week by means of a one-stop shop. Agreement has been reached on a common set of flexicurity principles. The reduction of administrative burdens was given a strong impetus following the decision of the European Council to set a 25% target. These examples show that the renewed Lisbon Strategy can be used to deliver direct and tangible benefits to business and citizens. All this constitutes a solid platform from which the European Council can provide a further impulse to the implementation of the Strategy by agreeing on a limited set of further actions for delivery by 2010.The renewed Strategy is built on a partnership approach, which recognises that, to address the common challenges, each level needs to play its full part. The priority areas are a way of bringing the different levels together. Where the actions have to be implemented by Member States, they should find their way into the NRPs; where they require Community-level action, they should be pursued through the CLP. Moreover, many of them can only be realised if they are backed up by a pro-active external policy designed to help the EU shape globalisation and benefit from the opportunities it offers.4. ACTIONS IN THE FOUR PRIORITY AREAS4.1. Investing in people and modernising labour markets'Flexicurity' strikes a balance between flexibility and security on the labour market. It aims at ensuring that all citizens can enjoy a high level of employment security i.e. that they can easily find a good job at every stage of their active life. It helps employees and employers alike to seize the opportunities globalisation offers. After the agreement reached between the social partners, the European Council is invited to endorse the Commission's proposal for common principles on 'flexicurity'[8]. Member States should now implement them, tailoring them to their own specific situations.Reinforced efforts to fight poverty and social exclusion and integrate people at the margins, in particular through active inclusion policies, are crucial. Reducing poverty is at the heart of the renewed Lisbon Strategy through its emphasis on growth and jobs and implementing measures which invest in people's capacities, provide equal opportunities, adequate social protection and the provision of good quality jobs. Support for low-skilled workers, migrants and disabled people needs to be reinforced, notably by fostering skills development.Investing more in education and skills throughout people's lives is not only critical to Europe's success in the age of globalisation, it is also one of the most effective ways to fight inequality and poverty. At a very early age, children develop the ability to acquire knowledge during the rest of their lives. Later on in primary and secondary education, reading skills becomes a pre-requisite for advancement. However, one out of every five 15-year olds in Europe cannot read sufficiently. One out of every six 18 to 24-year olds has dropped out of school with no more than lower secondary education. This makes it very difficult for them to enter and progress in the labour market. Many end up as long-term unemployed. Europe has not made any substantial progress in meeting its targets in this area. A determined effort must be made to raise the basic skills of young people and to drastically reduce early school leaving. What is needed is to concentrate resources over a period of years in order to make a step change.Learning abroad can be an important stimulus for personal development and language skills. The Erasmus programme has enabled almost two million young Europeans to study abroad. More young people should be able to benefit from it so that, in time, it becomes a standard part of university education.Ensuring that qualifications learnt on the jobs are recognised across Europe will greatly increase the incentives for people to go on acquiring new skills throughout their working lives. The recently agreed European qualifications framework will help to achieve this, provided Member States move rapidly to relate their national qualification systems and frameworks to it.Skills development and life-long learning support 'flexicurity' policies by enhancing flexibility, employment security and mobility between jobs. Stronger and more focused vocational training policies must be developed to respond to the challenge of active ageing and contribute to raising productivity and employability. The European Social Fund can contribute significantly to such an effort.More should be done to forecast and monitor future skills needs and, with pressing labour and skills shortages in an increasing number of sectors, Europe will need to improve regional and national labour mobility, as well as define a regulated immigration policy. Such a policy must be accompanied by measures to improve the economic and social integration of immigrants.Accompanying the single market review, the Commission has set out its vision for an agenda of access, opportunity and solidarity and launched a public consultation to seek views on these crucial issues. This will feed into a renewed Social Agenda to be adopted by mid-2008.To invest more in people through a life-cycle approach in employment and education , to modernise labour markets and to reinforce social inclusion :Community action:- the Commission will propose a renewed Social Agenda by mid-2008 based on opportunities, access and solidarity, taking account of Europe's new social realities and covering notably issues such as youth, education, migration and demography;- the Commission will make proposals to address the skills gap by improving the forecasting and monitoring of future skills requirements in Europe;- the Commission will make proposals for a common policy on immigration in 2008.Member States should:- implement the agreed common principles on 'flexicurity' by defining national pathways within their NRPs by end 2008;- increase the availability and affordability of quality childcare in line with national and Community targets;- draw up action plans and set targets to substantially reduce early-school leaving and improve basic reading skills ;- link up national and regional programmes to the Erasmus programme to increase the number of students participating in international exchanges;- by 2010, draw up national qualification frameworks aligned with the European framework .4.2. Unlocking the business potential, especially of SMEsThe business environment in Europe has been improved as a result of Member States implementing the 2006 Spring European Council decisions to introduce one-stop shops and reduce the time to set up a business to one week or less. The EU now needs to go further and agree an integrated policy approach which tackles obstacles at all stages of SME development and which enables more of its small businesses to grow into bigger companies that compete successfully in the global market place. This approach could be encapsulated in a Small Businesses Act, setting out both principles and concrete measures to support SMEs throughout their life-cycle.A clear priority for the Union is to close the important gaps in the single market, particularly in services, so that the full benefits of national reforms can be reaped. The complete and timely implementation of the services directive will not only create a genuine single market for services but also offer a major opportunity to streamline procedures, remove red tape, facilitate market access and accelerate the introduction of interoperable e-government applications.Europe's better regulation agenda is starting to produce results and administrative burdens should be reduced by 25% at EU level. Member States have committed themselves to equally ambitious targets at national level. An important part of improving the business environment for SMEs, and an underestimated source of innovation, is the modernisation of public administrations, notably as regards their uptake of interoperable ICTs. As part of the better regulation agenda, many administrations are already responding to growing expectations; treating businesses and citizens as customers, using new technologies, promoting social innovation and making organisational changes to provide a transparent, predictable service and effective means of redress. The Commission will promote the exchange of good examples.Unlocking business potential:Community action:- adopt a European Small Business Act setting out an integrated policy approach to unlock the growth potential at every stage of the life-cycle of SMEs ;- move towards the target to reduce EU administrative burdens by 25% by 2012 and implement an ambitious simplification programme ;- strengthen the single market , increase competition in services and take further steps to integrate financial services markets.Member States action should:- undertake sustained and consistent efforts to implement the services directive by end 2009; complete the screening and assessment of national legislation before end 2008 and, in parallel, set up single contact points and electronic procedures and introduce an effective system of administrative cooperation across borders;- set and announce national administrative burden reduction targets before the 2008 Spring European Council;- make full use of the opportunities offered by the implementation of the services directive and the better regulation agenda to continue modernising public administrations .4.3. Investing in knowledge and innovationFollowing decisions by the 2006 Spring European Council, Member States have set targets and taken steps to increase investments in research and development. The European Research Council and several Joint Technology Initiatives are being launched, based on Commission proposals. The European Institute for Innovation and Technology (EIT) is expected to start work in 2009. Under the new cohesion policy programmes, more than € 85 bn will be made available for investments in knowledge and innovation.These are good first steps, but much more is needed to achieve Europe’s ambitions. Member States should take additional measures to meet their R&D investment targets for 2010. This is particularly urgent as the EU’s R&D ratio fell back slightly in 2006, as growth in R&D investment did not keep up with stronger GDP growth.With globalisation, R&D is increasingly outsourced to other parts of the world. In Europe, the costs of protecting and enforcing innovations remain too high. Licences for distributing content are still nationally-based. The procedures for setting interoperable standards are far too slow. Spectrum is still managed in a fragmented way putting a brake on the development of new high-tech products and cross-border services. Too many barriers, including legal ones, prevent universities, research institutes, companies and researchers from working together. This also holds back one of Europe's traditional strengths: the creativity and inventiveness of its people.To reverse this trend Europe needs a "fifth freedom" – the freedom of knowledge – completing the four freedoms of movement of goods, services, people and capital. This "fifth freedom" should spur the EU's transition to an innovative, creative knowledge economy:-  one dimension is a genuine European research area where not only the framework conditions are in place to stimulate and reward innovation, but where the EU and national R&D programmes complement each other; where resources are allocated competitively geared towards excellence, where it is easy for universities and businesses to co-operate, where degrees are fully recognised and students, academics, researchers and skill workers can move around freely and cooperate easily with the worldwide scientific community;-  Europe must also pool its resources for a new generation of large-scale facilities for future laboratories and instruments which are indispensable for staying at the forefront of frontier research over the next decades. A common agenda identifying the priority research facilities ranging from lasers, telescopes and marine exploration to databases for cancer research has been agreed. As the resources needed to launch them exceed the capacity of any individual Member State, national decisions need to be taken now on how to join forces;-  information and communication technologies, driven by high-speed internet are key to raising productivity and stimulating innovation in Europe. Too many small businesses and citizens are not yet connected to high-speed internet which hampers their development and their innovation potential. Alongside increasing competition in telecoms markets, national plans are needed to ensure that, by 2010, 30% of Europe's population uses high-speed internet.Making the "fifth freedom", the free movement of knowledge, a reality:Community action:- improve the key framework conditions for innovation through an integrated patent jurisdiction and a single affordable patent; streamline the currently fragmented IPR rules, particularly to facilitate the circulation of content; accelerate the setting of interoperable standards and move towards more common spectrum management ; and improve access to venture capital;- remove obstacles to the cross-border mobility of researchers based on a European "passport";- pool EU and Member States' R&D resources to ensure their more effective use , by agreeing by end 2008 areas for joint programmes and launching common calls for projects by end 2010;- launch a new generation of world-class research facilities by drawing up by end 2009 roadmaps for the launch of the 35 commonly agreed projects[9]. For those projects of a global scale, launch a dialogue with interested international partners during 2008;- improve competition for high-speed internet by adopting the telecoms review by May 2009.Member States should:- better co-ordinate efforts to improve framework conditions for innovation ;- indicate how national R&D investment targets for 2010 will be met and how their R&D strategies will contribute to realising a European research area;- remove obstacles to the mobility of researchers between public and private research centres;- draw up, by end 2008, national strategies identifying the new generation of world-class research facilities in which they will participate;- as part of their NRPs, set national targets for high-speed internet usage[10] aiming at a 30% penetration rate of the EU population and connection of all schools by 2010.4.4. Energy and climate changeThe 2007 Spring European Council committed itself to transform Europe into a low carbon economy with secure, sustainable and competitive energy. It agreed ambitious targets to cut greenhouse gas emissions, increase energy efficiency and boost the use of renewable energy by 2020. The challenge during the next cycle will be to put the framework and instruments in place to deliver these targets and to work with the rest of the world to agree similarly ambitious action within the UN framework.The whole economy will need to gear up to reach such far-reaching goals. Market-based instruments, such as the emissions trading scheme (ETS), provide incentives to economic actors to reduce their emissions in the most cost effective way. A strengthened ETS should be complemented by action to realise legally-binding national targets on greenhouse gases and renewables: this will involve a mix of targeted regulation, effective use of economic instruments, such as subsidies, tax incentives or procurement, as well as steps to increase transparency, such as labelling or green accounting. The earliest gains can be made in the area of energy efficiency where governments can play a pioneering role. All of these efforts will need to be accompanied by sustained investment in research and development and active take up of new technologies, as outlined recently in the Commission's proposal for a Strategic Energy Technology Plan[11].A more competitive and integrated internal energy market will make a major contribution to achieving secure, sustainable and competitive energy for the Union. This involves new investments to improve infrastructures and interconnections, better stocks management, solidarity mechanisms and a more diversified energy mix. At the same time, all policies will need to adapt to the impact of climate change. Whilst climate change can be contained at acceptable levels with decisive global action, it cannot be prevented. Policies need to factor in this reality and minimise the social, environmental and economic impacts, while developing the potential of new technologies to enhance the competitiveness of EU industry.Transform Europe into a low carbon and energy-efficient economy:Community action:- adopt legislative proposals to complete the internal electricity and gas markets and the climate change package in order to put in place the framework to achieve at least a 20% reduction in greenhouse gas emissions and reach a renewables energy share of 20% by 2020;- promote an industrial policy geared towards more sustainable production and consumption , focusing on renewable energies and low-carbon and resource-efficient products, services and technologies;- review the energy tax directive to link it more closely to the EU's energy and environmental objectives;- strengthen the requirements in the energy performance of buildings directive.Member States should:- review their economic instruments , including taxation, subsidies and charging, to ensure that they contribute to the fight against climate in a cost-effective way;- urge contracting authorities to systematically include energy efficiency as one of the award criteria for public procurement;- set mandatory energy reduction targets for government buildings;- improve inter-connection of energy grids .5. FOLLOW-UP AFTER THE 2008 SPRING EUROPEAN COUNCILThe renewed Lisbon Strategy for growth and jobs is already delivering results. Europe now has a common integrated agenda, a set of instruments to work in partnership on common challenges as well as an effective yearly monitoring of progress by the Spring European Council.Everything is in place for the 2008 Spring European Council to launch an ambitious next cycle , by:-  adopting the actions within the four priority areas as set out in Section 4;-  re-affirming the integrated guidelines for the next three years;-  endorsing the Commission's proposals for country-specific recommendations and 'points to watch';-  calling on Member States to implement the remaining reforms in their National Reform Programmes and ensure that they have up-to-date NRPs for the new cycle; invite Member States as part of their annual implementation reports to present to Council and Commission concrete action plans setting out their specific policy responses and time-tables to implement the country-specific recommendations and 'points to watch';-  endorsing the new Community Lisbon programme;-  calling on Member States to work with national and regional parliaments with a view to organising annual debates on the implementation of their NRPs and country-specific recommendations;-  calling on Member States to ensure that cohesion funds are used in accordance with the earmarking provisions so that they produce maximum impacts on growth and jobs;-  encouraging the Lisbon National Co-ordinators to continue to exchange experiences on reform, in particular in the four priority areas and on strengthening stakeholder involvement;-  calling on the European Parliament to play an active role throughout the next cycle, including through its dialogue with national parliaments.[1] "The European Interest: Succeeding in the Age of Globalisation" - COM(2007) 581.[2] Council Recommendation 2007/209/EC of 27 March 2007 (OJ L 92, 3.4.2007).[3] As far as the employment part is concerned, this also serves as the basis for the Joint Employment Report. It also includes a summary of the mid-term assessment of the growth initiative.[4] The earmarked categories must account for a minimum of 60% in the less developed regions eligible under the Convergence programmes and 75% in the relatively more prosperous regions eligible under the Competitiveness and Employment programmes. These thresholds apply on a voluntary basis to Member States that joined the Union after May 2004.[5] Evaluation of the Integrated Guideline Package for Growth and Jobs, Draft Final Report, October 2007, Eureval and Rambøll Management and Ecofin Council conclusions (13.11.2007).[6] "A Single Market for 21st Century Europe" - COM(2007) 724.[7] "Global Europe: Competing in the world – a contribution to the EU's growth and jobs strategy" - COM(2006) 567.[8] "Towards common principles of flexicurity – more and better jobs through flexibility and security" - COM(2007) 359.[9] European Strategy Forum for Research Infrastructures (ESFRI), European Roadmap for Research Infrastructures, Report 2006 + Conclusions of the Council on 21-22.5.2007.[10] The Commission will monitor the development of the EU internet economy through a broadband performance index to be launched in 2008.[11] "Towards a European Strategic Energy Technology Plan" - COM(2006) 847.


Important legal notice

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52008DC0333

Recommendation from the Commission to the Council in order to authorise the Commission to conduct negotiations for the elaboration of an international legally-binding instrument on port state measures to prevent, deter and eliminate illegal, unreported and unregulated fishing  /* COM/2008/0333 final */

	[pic] | COMMISSION OF THE EUROPEAN COMMUNITIES |Brussels, 28.5.2008COM(2008) 333 finalRECOMMENDATION FROM THE COMMISSION TO THE COUNCILin order to authorise the Commission to conduct negotiations for the elaboration of an international legally-binding instrument on port State measures to prevent, deter and eliminate illegal, unreported and unregulated fishingI. EXPLANATORY MEMORANDUMAT THE LATEST MEETING OF THE FAO COMMITTEE FOR FISHERIES, IT WAS AGREED THAT AN INTERNATIONAL LEGALLY BINDING INSTRUMENT ON PORT STATE MEASURES TO PREVENT, DETER AND ELIMINATE IUU FISHING SHOULD BE ELABORATED IN VIEW OF ITS PRESENTATION AT THE 28 th session of the FAO COFI in February 2009[1]An expert consultation on this issue took place in Washington in September 2007.A technical consultation, open to all FAO Parties, will aim at finalizing the draft international instrument on Port State measures during a session to be held from 23 to 27 June 2008.Port State measures have been identified as a key tool in the fight of the international community against IUU fishing. This resulted in particular in the adoption in 2005 by the FAO of the Model Scheme on Port State Measures to Combat IUU Fishing. This Model Scheme provides for minimum standards which should underpin the adoption of measures by States in order to monitor, control and inspect foreign-flagged fishing vessels wishing to use their harbours. It is a voluntary and non-binding instrument.In addition, some Regional Fisheries Management Organisations have put in place binding Port State mechanisms which shall be applied by Parties to these Organisations in order to monitor the legality of landing, transhipment and other operations in their ports. Specific rules have also been enacted in some Regional Fisheries Management Organisations (RFMOs) aiming to deny port access to vessels listed by the organisation as having engaged or supported IUU fishing activities.The Community is a member of the FAO as well as of 13 RFMOs. Port State mechanisms adopted within RFMOs have been implemented into Community law. Community law also provides for general rules applying to the landing of fisheries products by third country vessels in Community ports.The fight against IUU fishing constitutes an essential component of the Common Fisheries Policy and the Community should be able to foster international cooperation on this matter by participating actively and constructively in the negotiations on an international instrument on Port State measures.In addition to the above considerations, the following should be noted:-  in line with settled case law of the ECJ (based on Kramer et al and consistently confirmed thereafter) the EC has exclusive external competence in matters of fisheries for the purpose of conservation of the biological resources of the sea;-  the Commission has adopted on 17 October 2007 the proposed Regulation on IUU Fisheries;-  the EC's declaration of competence made upon accession to the FAO provides in point I b) that the EC has exclusive competence for matters of fisheries for the purpose of the conservation of the biological resources of the sea;-  Point 2.1 of the inter-institutional arrangement Council/Commission made upon accession of the EC to the FAO provides that the Commission intervenes and votes on behalf of the EC for issues arising under exclusive EC competence;-  In Case C-25/94 regarding the FAO Compliance Agreement the ECJ has held that this arrangement Council/Commission also applies when FAO organs are conducting negotiations for an FAO convention.II. RECOMMENDATIONIn the light of the above, the Commission recommends:-  that the Council authorise the Commission to negotiate with other interested parties with a view to the elaboration of an international legally-binding instrument on port State measures to prevent, deter and eliminate illegal, unreported and unregulated fishing;-  that, since in accordance with the Treaty, the commission will conduct these negotiations on behalf of the European Community, the Council appoint a special committee to assist it in this task ; and-  that the Council issue the appended negotiating directives.ANNEXNegotiating DirectivesThe Commission shall conduct negotiations on behalf of the Community with a view to the elaboration of an international legally binding instrument on Port State measures which shall be geared towards preventing, deterring and eliminating IUU fishing.The Commission shall make sure that the text of the agreement is consistent with international law, and in particular with the provisions of the UN Convention on Law of the Sea, the UN Agreement relating to the Conservation and Management of Straddling Fish Stocks and Highly Migratory Fish Stocks and the Agreement to promote compliance with international conservation and management measures by fishing vessels on the high seas.The Commission shall also act in accordance with the objectives pursued by the Community within the framework of the Common Fisheries Policy and, insofar as the agreement affects developing countries, take into account the orientations defined in the context of the "Policy coherence for development" process.The Commission shall support the establishment of an instrument which binds its Parties to enact measures:- to deter vessels engaged in or supporting IUU fishing activities from using their ports;- to inspect vessels present in their ports and presumed to have engaged in or supported such activities;- to ensure a proper follow up of inspections and adopt appropriate measures, in accordance with international law, towards vessels for which it can be established that they were engaged in or have supported IUU fishing activities.The Commission shall promote the insertion of the agreement into an integrated approach designed to deter, prevent and eliminate IUU fishing, based notably on international cooperation and monitoring and control measures applying to the whole chain of fishing and related activities ("from the net to the plate").The Commission shall make sure that the agreement is effectively designed to target IUU fishing activities without discriminating against vessels which operate in compliance with applicable laws, regulations or conservation and management measures.The Commission shall support the position that the provisions of the agreement shall be constitutive of minimum standards which do not prevent its Parties from enacting, as Port States and in accordance with international law, more stringent measures against IUU fishing.The Commission shall ensure that the agreement contains appropriate provisions enabling the Community to become a Party thereto.The Commission shall report to the Council on the outcome of the negotiations and, where appropriate, on any problem that may arise during the negotiations.[1] Cf. para 68 of the Report of the twenty-seventh session of the FAO Committee on Fisheries (Rome, 5-9 March 2007) "Acknowledging the urgent need for a comprehensive suite of port State Measures, the Committee took note of the strong support for the Norwegian proposal to develop a new legally binding instrument based on the Model Scheme on Port State Measures to Combat IUU Fishing and the IPOA-IUU. The Committee endorsed the following timetable: an Expert Consultation to be convened during the latter half of 2007 to prepare a draft agreement and a Technical Consultation to finalize the instrument's text during the first half of 2007 to prepare a draft agreement and a Technical Consultation to finalize the instrument's text during the first half of 2008 and present it to the twenty-eighth COFI Session in 2009. Many Members stressed that the new instrument would represent minimum standards for port States, with flexibility to adopt more stringent measures and some Members also stressed that it should not detract from other previously agreed measures such as the need for capacity reduction."


Avis juridique important

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31977K0330

77/330/ECSC: Commission Recommendation of 15 April 1977 to the Governments of the Member States of the Community establishing Community surveillance in respect of the importation in 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 114 , 05/05/1977 P. 0015 - 0017

++++COMMISSION RECOMMENDATION  OF 15 APRIL 1977  TO THE GOVERNMENTS OF THE MEMBER STATES OF THE COMMUNITY ESTABLISHING COMMUNITY SURVEILLANCE IN RESPECT OF THE IMPORTATION IN THE COMMUNITY OF CERTAIN IRON AND STEEL PRODUCTS COVERED BY THE TREATY ESTABLISHING THE EUROPEAN COAL AND STEEL COMMUNITY , ORIGINATING IN THIRD COUNTRIES   ( 77/330/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 THE SITUATION ON THE COMMON MARKET FOR STEEL HAS BEEN MARKED SINCE THE END OF 1974 BY AN EXTREMELY LOW LEVEL OF ORDERS AND PRICES ;  WHEREAS AT THE SAME TIME IMPORTS OF CERTAIN IRON AND STEEL PRODUCTS ORIGINATING IN THIRD COUNTRIES HAVE INCREASED CONSIDERABLY AND THEIR PRICES HAVE CONTRIBUTED TO BRINGING DOWN INTERNAL PRICES ;  WHEREAS THE COMMISSION DECIDED ( 1 ) TO IMPLEMENT SPECIFIC MEASURES PROVIDED FOR IN THE EVENT OF A CRISIS , ON THE BASIS OF ARTICLE 46 OF THE TREATY , IN PARTICULAR AS REGARDS THE IMPROVEMENT OF THE QUARTERLY FORWARD PROGRAMMES RELATING TO DELIVERIES AND IMPORTS OF THE MOST IMPORTANT IRON AND STEEL PRODUCTS ;  WHEREAS DETAILED PREPARATION OF THE FORWARD PROGRAMMES REQUIRES THE MOST ACCURATE POSSIBLE KNOWLEDGE OF IMPORT INTENTIONS ;  WHEREAS CARE MUST ALSO BE TAKEN TO SEE THAT THE IMPORTS OF THE CONDITIONS UNDER WHICH THEY ARE EFFECTED DO NOT THREATEN TO CAUSE SERIOUS INJURY TO COMMUNITY PRODUCTION ;  WHEREAS IN THE LIGHT OF THE FOREGOING THE COMMISSION DECISION OF 10 DECEMBER 1975 ( 2 ) ESTABLISHING A SYSTEM OF RETROSPECTIVE STATISTICAL SURVEILLANCE WOULD APPEAR TO BE INADEQUATE ;  WHEREAS IT IS THEREFORE IN THE COMMUNITY'S INTEREST THAT THE IMPORTATION INTO THE COMMUNITY OF CERTAIN IRON AND STEEL PRODUCTS ORIGINATING IN THIRD COUNTRIES SHOULD TEMPORARILY BE MADE SUBJECT TO THE PRESENTATION OF AN IMPORT DOCUMENT MEETING UNIFORM CRITERIA ;  WHEREAS THIS DOCUMENT MUST , ON PRESENTATION BY THE IMPORTER OF ONE OR MORE PURCHASE CONTRACTS , BE ISSUED OR ENDORSED BY THE MEMBER STATES WITHOUT DELAY AND FREE OF CHARGE , FOR ANY QUANTITY REQUESTED , WITHOUT ANY RIGHT OF IMPORTATION BEING THEREBY ESTABLISHED FOR THE IMPORTER ;  WHEREAS THE SAID DOCUMENT MAY ACCORDINGLY BE USED ONLY UNTIL SUCH TIME AS THERE IS A CHANGE IN THE IMPORT ARRANGEMENTS ;  WHEREAS THE ESTABLISHMENT OF THIS SYSTEM IS WITHOUT PREJUDICE TO THE MAINTENANCE BY CERTAIN MEMBER STATES OF QUANTITATIVE RESTRICTIONS ON CERTAIN OF THE PRODUCTS IN QUESTION IN RESPECT OF CERTAIN NON-MEMBER COUNTRIES ;  WHEREAS THE PERIOD OF VALIDITY OF THE IMPORT DOCUMENT SHOULD BE FIXED AT THREE MONTHS IN RESPECT OF NON-MEMBER COUNTRIES EVEN AS REGARDS THE ABOVEMENTIONED QUANTITATIVE RESTRICTIONS ;  WHEREAS THERE MUST BE THE MOST RAPID POSSIBLE FLOW OF INFORMATION BETWEEN MEMBER STATES AND THE COMMISSION AS REGARDS THE QUANTITIES AND VALUES STATED IN IMPORT DOCUMENTS ISSUED AND RELATING TO IMPORTS EFFECTED ,  MAKES THE FOLLOWING RECOMMENDATION :  ARTICLE 1  1 . IMPORTS INTO THE COMMUNITY OF THE IRON AND STEEL PRODUCTS COVERED BY THE ECSC TREATY , LISTED IN ANNEX , ORIGINATING IN THIRD COUNTRIES , SHALL BE SUBJECT TO THE ISSUE OF AN IMPORT DOCUMENT . THIS DOCUMENT SHALL BE ISSUED OR ENDORSED BY THE MEMBER STATES , FREE OF CHARGE AND FOR ANY QUANTITIES REQUESTED , WITHIN NOT MORE THAN FIVE WORKING DAYS FROM THE SUBMISSION OF THE APPLICATION AND PRESENTATION OF THE PURCHASE CONTRACT OR CONTRACTS WHICH CONSTITUTE THE GROUND FOR THE APPLICATION . THE IMPORT DOCUMENT MAY ACCORDINGLY BE USED ONLY UNTIL SUCH TIME AS THERE IS A CHANGE IN THE IMPORT ARRANGEMENTS .  2 . THE APPLICATION OF PARAGRAPH 1 SHALL BE WITHOUT PREJUDICE TO THE MAINTENANCE OF QUANTITATIVE RESTRICTIONS IMPOSED BY CERTAIN MEMBER STATES ON CERTAIN IRON AND STEEL PRODUCTS IN RESPECT OF CERTAIN NON-MEMBER COUNTRIES .  3 . THE PERIOD OF VALIDITY OF THE IMPORT DOCUMENT IS HEREBY FIXED AT THREE MONTHS .  ARTICLE 2  1 . THE APPLICATION BY THE IMPORTER MUST STATE :   ( A ) THE NAME AND ADDRESS OF THE IMPORTER ;   ( B ) THE EXACT DESCRIPTION OF THE PRODUCT ;   ( C ) THE COUNTRY OF ORIGIN AND , WHERE APPROPRIATE , THE COUNTRY OF LAST EXPORT ;   ( D ) THE CIF FREE-AT-FRONTIER PRICE AND THE QUANTITY OF THE PRODUCT IN TONNES ;   ( E ) THE DATE OF THE CONTRACT FOR THE PURCHASE OF THE PRODUCTS WHICH IT IS PROPOSED TO IMPORT AND THE PROPOSED DATE AND PLACE OF IMPORTATION .  ARTICLE 3  1 . IN THE FIRST 10 DAYS OF EACH MONTH THE MEMBER STATES SHALL NOTIFY THE COMMISSION OF :   ( A ) THE QUANTITIES AND AMOUNTS , CALCULATED ON THE BASIS OF CIF PRICES , FOR WHICH IMPORT DOCUMENTS WERE ISSUED IN THE PRECEDING MONTH ;   ( B ) THE IMPORTS EFFECTED IN THE MONTH PRECEDING THE ONE REFERRED TO IN ( A ) .  2 . THE INFORMATION FROM THE MEMBER STATES SHALL BE BROKEN DOWN BY NON-MEMBER COUNTRY OF ORIGIN AND BY PRODUCT , ON THE BASIS OF THE DESCRIPTIONS AND CCT HEADING NOS SET OUT IN THE ANNEX .  ARTICLE 4  THIS RECOMMENDATION SHALL BE NOTIFIED TO THE GOVERNMENTS OF THE MEMBER STATES AND PUBLISHED IN THE OFFICIAL JOURNAL OF THE EUROPEAN COMMUNITIES .  IT SHALL ENTER INTO FORCE IN RESPECT OF EACH MEMBER STATE WITH EFFECT FROM THE DATE OF ITS PUBLICATION IN THE OFFICIAL JOURNAL OF THE EUROPEAN COMMUNITIES .  DONE AT BRUSSELS , 15 APRIL 1977 .  FOR THE COMMISSION  THE PRESIDENT  ROY JENKINS  ( 1 ) COMMISSION COMMUNICATION RELATING TO THE APPLICATION OF THE CRISIS MEASURES ON THE STEEL MARKET , OJ NO C 304 , 24 . 12 . 1976 , P . 5 .  ( 2 ) OJ NO L 7 , 14 . 1 . 1976 , P . 15 .  ANNEX  LIST OF PRODUCTS FOR WHICH THE IMPORT IS SUBJECT TO THE ISSUE OF AN IMPORT DOCUMENT  CCT HEADING NO*PRODUCTS*  73.01 B*HAEMATITE PIG IRON AND CAST IRON*  73.01 C*PHOSPHORIC PIG IRON AND CAST IRON*  73.01 D*OTHER PIG IRON AND CAST IRON*  73.08*IRON OR STEEL COILS FOR RE-ROLLING*  73.10 A I*WIRE ROD*  73.10 A II A ) *REINFORCING BARS*  73.10 A II B ) *OTHER BARS*  73.11 A I*ANGLES , SHAPES AND SECTIONS , NOT FURTHER WORKED THAN HOT-ROLLED OR EXTRUDED*  73.12 A*HOOP AND STRIP , NOT FURTHER WORKED THAN HOT-ROLLED*  73.13 A II* " ELECTRICAL " SHEETS AND PLATES , OTHER*  73.13 B I A ) *SHEETS AND PLATES , NOT FURTHER WORKED THAN HOT-ROLLED , OF A THICKNESS OF 2 MM OR MORE*  73.13 B II B ) *SHEETS AND PLATES , NOT FURTHER WORKED THAN COLD-ROLLED , OF A THICKNESS OF MORE THAN 1 MM BUT LESS THAN 3 MM*  73.13 B II C ) *SHEETS AND PLATES , NOT FURTHER WORKED THAN COLD-ROLLED , OF A THICKNESS OF 1 MM OR LESS*  73.13 B IV C ) *SHEETS AND PLATES , ZINC-COATED OR LEAD-COATED*  73.15 A V B ) 1*WIRE ROD ( HIGH-CARBON STEEL ) *  73.15 B V B ) 2*BARS , AND RODS , AND HOLLOW MINING DRILL STEEL ; ANGLES , SHAPES AND SECTIONS , NOT FURTHER WORKED THAN HOT-ROLLED OR EXTRUDED , OTHER*  73.15 B VII B ) 2 BB ) *SHEETS AND PLATES , NOT FURTHER WORKED THAN COLD-ROLLED , OF A THICKNESS OF LESS THAN 3 MM


title: Council Recommendation of 12 February 2008 concerning the discharge to be given to the Commission in respect of the implementation of the operations of the European Development Fund (Eighth EDF) for the financial year 2006

text:
               15.2.2008

               EN

               Official Journal of the European Union

               L 41/23

      COUNCIL RECOMMENDATION

   of 12 February 2008
   concerning the discharge to be given to the Commission in respect of the implementation of the operations of the European Development Fund (Eighth EDF) for the financial year 2006
   (2008/117/EC)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community,
   Having regard to the Fourth ACP-EEC Convention, signed at Lomé on 15 December 1989 (1), as amended by the Agreement signed in Mauritius on 4 November 1995 (2),
   Having regard to the Internal Agreement on the financing and administration of the Community aid under the Second Financial Protocol to the fourth ACP-EC Convention (3) setting up, amongst others, the Eighth European Development Fund (Eighth EDF), and in particular Article 33(3) thereof,
   Having regard to the Financial Regulation 98/430/EC of 16 June 1998 applicable to development finance cooperation under the Fourth ACP-EC Convention (4), and in particular Articles 66 to 74 thereof,
   Having examined the revenue and expenditure account and the balance sheet relating to the operations of the Eighth EDF as at 31 December 2006, and the Court of Auditors' report concerning the financial year 2006 together with the Commission's replies (5),
   Whereas:

               (1)

               Pursuant to Article 33(3) of the Internal Agreement, the discharge for the financial management of the Eighth EDF is to be given to the Commission by the European Parliament on the recommendation of the Council.

               (2)

               The overall implementation by the Commission of the operations of the Eighth EDF during the financial year 2006 has been satisfactory,

         HEREBY RECOMMENDS that the European Parliament give the Commission a discharge in respect of the implementation of the operations of the Eighth EDF for the financial year 2006.

      Done at Brussels, 12 February 2008.

            For the Council

            The President

         A. BAJUK

      (1)  OJ L 229, 17.8.1991, p. 3.

      (2)  OJ L 156, 29.5.1998, p. 3.

      (3)  OJ L 156, 29.5.1998, p. 108.

      (4)  OJ L 191, 7.7.1998, p. 53.

      (5)  OJ C 259, 31.10.2007, p. 1.


title: RECOMMENDATION FOR COUNCIL REGULATION ON THE TRADE ARRANGEMENTS WITH THE OVERSEAS COUNTRIES AND TERRITORIES ASSOCIATED WITH THE EUROPEAN ECONOMIC COMMUNITA (submitted to the Council by the Commission)

text:
ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (75) 207
Vol. 1975/0075
 ---pagebreak--- Disclaimer
Conformément au règlement (CEE, Euratom) n° 354/83 du Conseil du 1er février 1983
concernant l'ouverture au public des archives historiques de la Communauté économique
européenne et de la Communauté européenne de l'énergie atomique (JO L 43 du 15.2.1983,
p. 1), tel que modifié par le règlement (CE, Euratom) n° 1700/2003 du 22 septembre 2003
(JO L 243 du 27.9.2003, p. 1), ce dossier est ouvert au public. Le cas échéant, les documents
classifiés présents dans ce dossier ont été déclassifiés conformément à l'article 5 dudit
règlement.
In accordance with Council Regulation (EEC, Euratom) No 354/83 of 1 February 1983
concerning the opening to the public of the historical archives of the European Economic
Community and the European Atomic Energy Community (OJ L 43, 15.2.1983, p. 1), as
amended by Regulation (EC, Euratom) No 1700/2003 of 22 September 2003 (OJ L 243,
27.9.2003, p. 1), this file is open to the public. Where necessary, classified documents in this
file have been declassified in conformity with Article 5 of the aforementioned regulation.
In Übereinstimmung mit der Verordnung (EWG, Euratom) Nr. 354/83 des Rates vom 1.
Februar 1983 über die Freigabe der historischen Archive der Europäischen
Wirtschaftsgemeinschaft und der Europäischen Atomgemeinschaft (ABI. L 43 vom 15.2.1983,
S. 1), geändert durch die Verordnung (EG, Euratom) Nr. 1700/2003 vom 22. September 2003
(ABI. L 243 vom 27.9.2003, S. 1), ist diese Datei der Öffentlichkeit zugänglich. Soweit
erforderlich, wurden die Verschlusssachen in dieser Datei in Übereinstimmung mit Artikel 5
der genannten Verordnung freigegeben.
 ---pagebreak--- «"-Τ/-* ΤΑ /Γ"& .Τ Τ         τν*·       'ΤΤΊΤΤ ΤΓ!ΤΓ ΤΉ>         Α "^Ύ ,·;Τ>7\ *""'> ,ΤΤ ·*Τ.."ΤΤ""^*,"ν^
                                                     COM(75)207 final.
                                                     Brussels , 7 IVW 1975
                                            RECOMMENDATION FOR
                                  COUNCIL REGULATION ON THE           TRAD
                                  ARRANGEMENTS WITH THE OVERSEAS COUNTRIES
                                  AND TERRITORIES ASSOCIATED WITH T^S
                                      EUROPEAN ECONOMIC COMMUNITA
                             ( submitted to the Council "by the Commission )
               COîl( 7? ) 207 final .
 ---pagebreak---                               COMMISSION C OMMUNIC ATI ON TO THE COCHCIL
In its previous . communication concerning the Association of Overseas Countries
and Territories ( OCT), (COI-l(75 ) 133 final of .3 'April . 1975) i "tie Commission
recommended that the Coimcil approve the text of the Regulation on the Asso
ciation of the OCT with the SEC at an early date in order that it may serve as
a basis for interim arrangements between the Community and the OCT from
1 July 1975 in respect of trade .                ;                          -
In view; of the nearness of this date , the Commission considers it necessary
to submit ta the Council, the following proposals concerning the OCT : .
1 .' For the""- purpose of the interim -trade arrangements , the Commission proposes
V. "' that the Council adopt the recommendation for a regulation annexed to this
       document . This recommendation contains the same trade provisions as in
       COM(75) 133 final , with the following changes :                   v       .X
       i        Article 4 and 5 have been merged to form Article 3 , and the Caribbean
                Community is explicitly mentioned in the first subparagraph . The Commission
                also .. proposes. - thai  ■■ this new formula be retained in the decision
                on the definitive arrangements .
 ;     ii To maintain a parallel with the advance implementation of the trade
          , , . provisions of the Lome Convention , the provisions of Articles 8 , 9
                and 11 in the Commission recommendation fo£' the definitive arrange–
    (       . ments would not be included in the interim arrangements . However , the
        . , _ Member States concerned could malce similar undertaJcings , which would
                be officially recorded in the Council Minutes .
 . , . iii .Annex 2 ( to , the Regulation) on origin is. the same as that which
         . . accompanies the. Commission recommendation for the definitive arragements .
       iv Anrex 3 ( to the Regulation) on safeguard measures includes provisions
                on emergency measures . The Commission makes "the same proposal for the
 - '            definitive arrangements . ■                             '
2 . As regards products within the province of the ECSC exported by the OCT ,
       the Commission proposes that the "Draft Decision of the Representatives
       of the Governments of the Member States of the ECSC meeting in the Council"
       which concerns the interim arrangements for the ACP be amended as follows :
 ---pagebreak---  - addition to - the title :       or in the Overseas Countries and Territories
    associated with the Community.              / '     \;
 - before the . phrase : " In agreement with the Commission", addition of the
    following: Whereas the Council Regulation (EEC )          of         on the
    interim trade arragements with the Overseas Countries and Territories asso
    ciated with the European Eccnc mi o Community , hereinafter called "Countries
    and' Territories", does not apply to products T^ithin the province of the
   European Coal and Steel Community , and whereas the association arrangements
    should , however , "be extended to those products as from the present interim
   period ,
 - addition to Article 1 , after ..... the ACP States or in the Countries or
    Territories .                                          J             A-
 - Addition to Article 2 , after ...... trade in goods , and for the application
   ■of Council Regulation ( EEC 1) No ...... of         on the interim trade arrange
    ments with the Overseas Countries and Territories associated with the European
   Economic Community
 As regards products covered by the common agricultural policy and exported by
    the OCT, the Commission proposes' the deletion of the square brackets enclos
    ing references to the OCT in the proposal for • a regulation which it had
    transmitted to the Council on the "arrangements applicable- to certain agri
    cultural and processed products originating in the ACP States or in the OCT.
    Although the Opinion of the European Parliament is not required , the Commis
    sion Considers that the Parliament should be consulted on the recommendation
    for a regulation concerning the interim trade arrangements with the OCT.
    Financial repercussions                                      ^
    On the basis of the trade figures for 1971        197? and the application of
    the CCT, the customs duties which will not be charged will amount to
( between 6 and 8 million units of account' per year. ' '
 ---pagebreak---                        REC OTEENDATI ON FOR REGULATION ( EEC ) NO          of the Council
               . ' ,   of .        . on the interim trade arrangements with the
                       Overseas . Countries , and. Territories associated with the
                ,  . - European Economic Community .
 TEE COUNCIL 0? THE EUROPEAN CO^IUIJITIES , ;
 Having regard to the Treaty establishing the European Economic Community and
 in particular Article 136 thereof ;
 Having regard to the recommendation from the Commission $
 Having regard to the Opinion of the European Parliament
.Whereas the ACP-EEC Lome Convention between the African , Caribbean and Paci
 fic States , hereinafter called the "ACP States ", and the European Economic
 Community was signed on 23 February 1975 J
 Whereas , when the Convention was signed , the Community and the ACP States agreed
 in an exchange of letters to apply autonomously 'from 1 July 1975 certain pro
 visions of the Convention concerning trade in goods ;
 Whereas interim arrangements for trade in goods with all the Overseas Countries
 and Territories associated with the European Economic Community , hereinafter
 called "Countries and Tenitories ", should be established along the lines of
 those for products originating in the ACP States j
 HAS ADOPTED THIS REGULATION :                                           '
 Article 1
 1 . Subject to the provisions of paragraph 2 of this Article , products origin
      ating in the Countries and Territories listed in Annex I shall be imported
      into the Community free of cistoms duties and charges having equivalent
      effect , but the treatment applied to these products may not be more
      favourable than that applied by the Member States among themselves .
 JL . 0JEC
 ---pagebreak---      For the purposes of the preceding subparagraph in respect of the treatment
     applied by the Member States among themselves , account shall not be taken
     of the customs duties and .charges , having equivalent effect applied pursuant
     to Articles 32 , 36 and 59 of the Act concerning the Conditions of Accession
     and the Adjustments to the Treaties .
2 . Products originating in the Countries and Territories :
     - listed in Annex II to the Treaty when they come under a common organiza
       tion of the market within the meaning of Article 4o of the Treaty ; or
     - subject , on importation into the Community , to specific rules introduced
       as a result of the implementation of the common agricultural F&licyj
     shall be imported into the Community notwithstanding the general arrange
     ments applied in respect of third countries , in accordance with the provi
     sions of Regulation ( EEC ) No        of the Council of        on the arrange
     ments applicable to agricultural and processed agricultural products origin
     ating in the African , Caribbean and Pacific States or in the Overseas
     Countries and Territories    .
Article 2
1 . The Community shall not apply to imports of products originating in the OCT
     any quantitative restrictions or measures having equivalent effect other than
     those which the Member States apply among themselves .
2 . Paragraph 1 , however , shall not prejudice the import treatment applied
     to the products referred to in the first indent of Article 1(2 ).
3 . This Article shall not prejudice the treatment which the Community applies
    'to certain products in implementation of world commodity agreements to
     which the Community is signatory."''
1 . OJHC
 ---pagebreak---                                            - 3 -
  Article 3
  1 . Subject to the provisions of paragraph 2 of this Article and without pre
       judice to the provisions governing the Caribbean Community, imports of
                               .      .              *
       products originating in the Community or in other Countries and Territories
       shall normally be admitted into each country or territory free of customs
       duties and charges having equivalent effect and without quantitative restric
       tions .
  2 . The authorities of a Country or Territory may, however , retain or introduce
       customs duties or quantitative restrictions required to meet the development
       needs of the Country or Territory , intended . to contribute to its budget ,
       or applied in the event of balance of payments difficulties ;
                 κ                 ·                                      . .
                                                                              , -
   ,, The "developments needs" of a Country or Territory means those arising
      •from :
       i      the împleraéntation of économie development programmes !
       ii     regional economic cooperation agreements , particularly those- establish
              ing or aimed at establishing customs unions, or free trade areas between
              one or more third countries in the same geographical area and at a
              comparable stage of development ;
       iii the need to balance its payment sj ...                              «•,
      iv      the need to achieve an increase in its export earnings .
  Article 4
. Articles ,2 and 3 shall not preclude prohibitions or restrictions on imports ,
  exports or goods in transit justified on grounds of public morality, public
  policy or public security ? the protection of health and life of humans , ,
  animals and plants j ' the protection of national treasures possessing .artistic ,
  historic or archaeological value or the protection of industrial and commercial
  property .
  Such prohibitions or restrictions shall not , however , constitute a means of
  arbitrary discrimination or a disguised restriction on trade .
 ---pagebreak--- Article 5
1 . The trade arrangements applied by the Countries or Territories shall not
    give rise to any discrimination "between Member States , Countries or Terri
    tories .
2 . In order to further regional cooperation the provisions of the preceding
    paragraph shall not preclude a Country or Territory from granting certain
    other Countries or Territories more favourable treatment than that accorded
    to the Community.                                         '  ,
3. Iff however , Countries or Territories apply the provisions of Article 4
    by retaining or introducing, fully or partially, customs duties and charges
    having equivalent effect , or quantitative restrictions and measures haying
    equivalent effect , the other Countries and Territories may abstain totally or
    partially from extending to such Countries or Territories . the treatment
    they apply in respect of the Community. At the reque «t of a Member State or
    the Commission consultations shall be held in the Council on the application
    of these provisions .
Article 6
1 . For the purposes of implementing this Chapter , the concept' of 'originating
    products 1 , and the methods of administrative cooperation relating thereto ,
    are laid down in Annex No 2 to this Regulation.
2 . The Council , acting 'unanimously on a recommendation from the Commission,,
    may adopt any amendment" to the Annex referred to in 'paragraph 1 .
3. If for any product .the concept of "originating products" has not been
    defined pursuant , to paragraphs- 1 or 2 , the Community and the authorities
    of the Countries and Territories shall continue to apply their own rules .
 ---pagebreak---                                       -5
Article 7
1 . If , as a result of applying the provisions of this Chapter , serious
    disturbances occur in a sector of the economy of the Community or of one
    or more of its Member States , or jeopardize their external financial
    stability , or if difficulties arise whi6h may 'result in a deterioration in
    a sector of the economy of a region of the Community, the Commission may
    take , op may authorize the Member State concerned to take , the necessary
    safeguard measures in accordance with the procedure specified in Annex No . 3 *
2 . If , as a result of applying the provisions of this Chapter , serious
    disturbances occur or are liable to occur in a sector of the economy of
    a Country or Territory , or jeopardize its external financial stability,
    the authorities of the Country or Territory concerned may . take the
    necessary safeguard measures .
    Such measures and the rules for their application shall be notified
    without delay to the Commission by the French Republic , the Kingdom of
    the Netherlands and the United Kingdom, each, for its part .
    The Commission shall inform the other Member States . At the request of
    a Member State or of the Commission there shall be . consultations on the
    measures within the Council .
3 . In the application of paragraphs 1 and 3 , preference shall be given to
    such measures as will least disturb the functioning of the Association
    and the Community. The scope of these measures must not exceed what i&
    strictly necessary to remedy the difficulties that have arisen .
Article 8
This Regulation shall enter into force on 1 July 1975 * I"t shall remain
applicable until the entry into force of the Regulation on the Association
of the Overseas Countries and Territories with the European Economic Community.
This Regulation shall be binding in its entirety and directly applicable in
all Member States .
Done at                                            For the Council ,
                                                   The President
 ---pagebreak---             '                     rAnnex. Mo- , 1' .( ip- the- Régulation) ....
  List of the Countries and Territories referred to by this
  Council . Regulation -
  1 . NETHERLANDS ■ . •         . .                                     '
         Surinam
     ' The Netherlands Antilles j
;        ( Aruba , Bonaire , Curaçao and St Maarten , Saba, St Eusta.tius)Y- ■
  2 . FRANCE          "■            ■- •"            "             '■          ■ .      « t. ■ i          ^
         Saint Pierre and Miquelon ,
     t. The Comoro Archipelago ,                  ■"■■■■:
       ' The Territoiy of the Afars and Issas , ; /
         New Caledonia and Dependencies ,                 ,    ,                      ■  ,
         Ylallis and Futuna Islands ,
         French Polynesia ,                            ~
         French Southern and Antarctic Territories.'                                 %
                                                                 .    .      1
  3 .: UNITED KINGDOM
    ; Belize ,                                     •                                                      ;
         Bermuda ,-          -•                                                                  , .. .  j ,
         Brunei ,     '•                                    •.            . .      •                 . .. . .
         Associated States in the Caribbe,an : Antigua , Dominica , 3t Lucia
                                                                     St Vincent , St Kitts-Nevis-
                                                                    Anguilla ,
         Cayman Islands»' "
      ■ Falkland Islands and Dependencies ,
         Gilbert and Ellice Islands , '
»        Central .and Southern Line Islands ,
         British Solomon Islands .
 ---pagebreak---                       -    6a -
Turks and Caicos Islands ,
British Virgin Islands .
Montserrat ,
Pitcairn ,                             .
St Helena and Dependencies ,
The Seychelles ,
British Antarctic Territory t
British Indian Ocean Territory .  '
Anglo-French Condominium of the New Hebrides
 ---pagebreak---                                    - 7 -
                       ABKE*: NO 2 ( to the Régulation )
     concerning the definition of the concept of "originating products'1
     and methods of administrative cooperation
This Annex is being transmitted separately and will also apply to tae
Recommandation for a Council Regulation on the Association of the
OCT with the ESC .