(1)

In accordance with Article 13 of Annex XII to the Staff Regulations, Eurostat submitted a report on the 2012 actuarial assessment of the pension scheme updating the parameters referred to in that Annex. According to this assessment, the rate of contribution required to maintain actuarial balance of the pension scheme would be 9,9 % of the basic salary.

(2)

Under Article 2(1) of Annex XII to the Staff Regulations, the adjustment cannot lead to a contribution that is more than one percentage point above or below the valid rate of the previous year (11,6 %).

(3)

In the interests of actuarial balance of the pension scheme of Officials and other Servants of the Union, and taking into account the 2011 and 2012 actuarial assessments, the Council considers that the rate of contribution should be adjusted to 10,6 % of the basic salary.

(4)

However, in the light of recent and future judgments in the cases on the 2011 and 2012 adjustment of salaries and pensions and in the case on the 2011 adjustment of the rate of contribution to the pension scheme, the result of this adjustment may be subject to change. The implementation of those judgments may have an impact on the calculation of the rates of contribution for the years 2012 and 2013 and thus require the Council to re-adjust the said rates of contribution with retroactive effect. Where applicable, this may lead to a recovery of overpaid sums from staff,

(1)

On 13 December 2013 the Council adopted Decision 2013/760/CFSP (2) amending Decision 2013/255/CFSP.

(2)

Derogation from the prohibition of financing and financial assistance relating to certain goods and technology should be provided with regard to activities undertaken by the Organisation for the Prohibition of Chemical Weapons (OPCW) in accordance with paragraph 10 of United Nations (UN) Security Council Resolution 2118(2013).

(3)

In order to facilitate the safe return to their legitimate owners of goods constituting Syrian cultural heritage which have been illegally removed from Syria, it is necessary to provide for additional restrictive measures in order to prohibit the import, export or transfer of such goods.

(4)

Derogation from the freezing of funds or economic resources necessary for humanitarian assistance should only be granted if funds or economic resources are released to the UN for the purpose of delivering such assistance in accordance with the Syria Humanitarian Assistance Response Plan (SHARP). When considering requests for authorisation, competent authorities should take into account the humanitarian principles of humanity, neturality, impartiality and independence as set out in the European Consensus on Humanitarian Aid.

(5)

It is necessary to provide for an additional derogation from the asset freeze and the prohibition of making funds or economic resources available in order to allow transfers by a non-designated person or entity to a non-designated person or entity, through a designated entity, in connection with a specific trade contract for medical supplies, food, shelter, sanitation or hygiene for civilian use.

(6)

The abovementioned measures fall within the scope of the Treaty and, therefore, in particular with a view to ensuring their uniform application by economic operators in all Member States, action at the level of the Union is necessary in order to implement them.

(7)

Council Regulation (EU) No 36/2012 (3) should therefore be amended accordingly,

(1)

In Article 2a, the following paragraph is inserted:

(2)

in Article 3, the following paragraph is inserted:

(3)

the following Article is inserted:

(4)

the following Article is inserted:

(5)

in the first paragraph of Article 16, point (f) is replaced by the following:

(6)

in the first paragraph of Article 16, the following point is added:

(7)

the following Article is inserted:

(4)  Council Regulation (EU) No 1332/2013 of 13 December 2013 amending Regulation (EU) No 36/2012 concerning restrictive measures in view of the situation in Syria (OJ L 335, 14.12.2013, p. 3).""

(8)

the following Article is inserted:

(9)

the Annex to this Regulation is added as Annex XI.

(1)

Commission Regulation (EC) No 792/2009 (2) establishes common rules for notifying information and documents by Member States to the Commission. Those rules cover in particular the obligation for the Member States to use the information systems made available by the Commission and the validation of the access rights of the authorities or individuals authorised to send notifications. Regulation (EC) No 792/2009 also sets common principles applying to the information systems so that they guarantee the authenticity, integrity and legibility over time of the documents and provides for personal data protection. The obligation to use those information systems has to be provided for in each Regulation establishing a specific notification obligation.

(2)

The Commission has developed an information system that allows managing documents and procedures electronically in its own internal working procedures and in its relations with the authorities involved in the common agricultural policy.

(3)

Several communication and notification obligations can be fulfilled via that system, in particular those provided for in Commission Regulations (EC) No 1709/2003 (3), (EC) No 1345/2005 (4), (EC) No 972/2006 (5), (EC) No 341/2007 (6), (EC) No 1454/2007 (7), (EC) No 826/2008 (8), (EC) No 1296/2008 (9), (EC) No 1130/2009 (10), (EU) No 1272/2009 (11) and (EU) No 479/2010 (12).

(4)

In the interest of efficient administration and taking into account the experience acquired, some communications and notifications should be simplified or specified.

(5)

In order to enhance the monitoring of the market situation in the olive oil sector and considering the experience gained in the field, it is necessary to clarify some notification obligations of the Member States listed in Part A of Annex III to Regulation (EC) No 826/2008. For this purpose, the frequency of the provision of an estimate of the production and consumption of olive oil as well as ending stocks shall be increased but the obligation to notify shall be limited to Member States producing olive oil. The amendment should be applicable from 1 January 2014 since that is the expected date of application of the new common organisation of the markets.

(6)

Regulations (EC) No 1709/2003, (EC) No 1345/2005, (EC) No 972/2006, (EC) No 341/2007, (EC) No 1454/2007, (EC) No 826/2008, (EC) No 1296/2008, (EC) No 1130/2009, (EU) No 1272/2009 and (EU) No 479/2010 should therefore be amended accordingly.

(7)

The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for the Common Organisation of Agricultural Markets,

(1)

Article 3 is replaced by the following:

(*1)   OJ L 228, 1.9.2009, p. 3.’;"

(2)

in Annexes I, II and III, in the introductory phrase, the words ‘to the following e-mail address, in accordance with Article 3(2): AGRI-C2-RICE-STOCKS@CEC.EU.INT’ are deleted.

(1)

the title is replaced by the following:

‘Notifications and communications to the Commission’;

(2)

the last sentence of paragraph 2 is deleted;

(3)

the following paragraph 3 is added:

(*4)   OJ L 228, 1.9.2009, p. 3.’."

(1)

in Article 35, paragraph 2 is replaced by the following:

(2)

in Annex III, Part A is amended as follows:

(1)

in Chapter IV, the following Article 21a is inserted:

(*6)   OJ L 228, 1.9.2009, p. 3.’;"

(2)

in Annex I, the words ‘(form to be sent to the following address: agri-cl@ec.europa.eu)’ are deleted.

(1)

in Article 7, paragraph 3 is deleted;

(2)

Article 8 is replaced by the following:

(*9)   OJ L 228, 1.9.2009, p. 3.’."

(1)

Danisco France SAS has submitted an application in accordance with Article 13(3) of Regulation (EC) No 1831/2003 proposing to change the name of the holder of the authorisation as regards Commission Regulation (EC) No 1290/2008 (2).

(2)

The applicant claims that it has transferred the marketing authorisation for the preparation Lactobacillus rhamnosus (CNCM-I-3698) and Lactobacillus farciminis (CNCM-I-3699) to Danisco (UK) Ltd and that the latter now owns the marketing rights for this additive.

(3)

The aim of the application is also to enable the marketing of the feed additive with a concentration five times higher than the minimum concentration. In order to ensure that the minimum and maximum contents set out in the Annex to Regulation (EC) No 1290/2008 are respected, the recommended dose per kilogram of complete feedingstuff has to be modified.

(4)

The proposed change of the authorisation holder is purely administrative in nature and does not entail a fresh assessment of the additive concerned. The latter has been authorised on the basis of a European Food Safety Authority Opinion (3). The subsequent request to change the recommended dose is in accordance with this same Opinion and does not entail a new assessment. The European Food Safety Authority was informed of the application.

(5)

In order to adapt to current practice the trade name should be deleted from Regulation (EC) No 1290/2008.

(6)

To allow Danisco (UK) Ltd to exploit its marketing rights it is necessary to change the terms of the respective authorisation.

(7)

Regulation (EC) No 1290/2008 should therefore be amended accordingly.

(8)

Since safety reasons do not require the immediate application of the amendments made by this Regulation to Regulation (EC) No 1290/2008, it is appropriate to provide for a transitional period during which existing stocks may be used up.

(9)

The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,

(1)

in the title, the word ‘(Sorbiflore)’ is deleted;

(2)

the Annex is amended as follows:

(1)

Commission Implementing Regulation (EU) No 29/2012 (2) lays down specific standards for retail-stage marketing of olive oils and olive-residue oils.

(2)

Producers, traders and consumers should be provided with marketing standards for olive oils which guarantee product quality and combat fraud effectively. To that end, specific provisions should be laid down to supplement Regulation (EU) No 1169/2011 of the European Parliament and of the Council (3) and to improve the effective monitoring of marketing standards.

(3)

Numerous scientific studies have demonstrated that light and heat adversely affect the quality of olive oils. Specific storage conditions should therefore be clearly indicated on the label to ensure that the consumer is well-informed about the best conditions for preservation.

(4)

In order to help the consumer to select products, it is crucial that the mandatory particulars indicated on the label are easily readable. Rules should therefore be laid down on readability and the concentration of mandatory information within the main field of vision.

(5)

In order to enable the consumer to be sure that the product is fresh, the optional marking of the harvest year should only appear on the label when 100 % of the packaging contents come from that harvest.

(6)

In the interests of simplification, it should be laid down that the labelling of food products preserved exclusively in olive oil is no longer required to state the percentage of oil added in relation to the total net weight of the foodstuff.

(7)

In order to ensure consistency between Commission Regulation (EEC) No 2568/91 (4) and Implementing Regulation (EU) No 29/2012, particularly as regards the tolerance for the result of checks, the relevant provision of that Implementing Regulation should be amended accordingly.

(8)

Member States must carry out checks to ensure that the markings on the labels are correct and to ensure compliance with this Regulation. To that end, checks on the conformity of the product’s sale name with the contents of the container should be reinforced and further harmonised on the basis of risk analysis, as should corresponding penalties. This approach should also help to combat fraud by introducing minimum control requirements for all Member States and by standardising the reports to be sent to the Commission.

(9)

Member States should lay down penalties at national level. Those penalties should be effective, proportionate and dissuasive.

(10)

Products manufactured and labelled in the Union or imported into the Union before the application of this Regulation but in accordance with Implementing Regulation (EU) No 29/2012 should be covered by a transitional period so that operators can use up their existing stock of containers and sell products which are already packaged.

(11)

The Commission has developed an information system which makes it possible to manage documents and procedures electronically within the framework of its internal operation and in its relations with the authorities involved in the common agricultural policy. That system is regarded as fulfilling the communication requirements of Implementing Regulation (EU) No 29/2012 in accordance with Commission Regulation (EC) No 792/2009 (5).

(12)

Implementing Regulation (EU) No 29/2012 should therefore be amended accordingly.

(13)

The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for the Common Organisation of Agricultural Markets,

(1)

the following Articles 4a and 4b shall be inserted:

(*1)  Regulation (EU) No 1169/2011 of the European Parliament and of the Council of 25 October 2011 on the provision of food information to consumers, amending Regulations (EC) No 1924/2006 and (EC) No 1925/2006 of the European Parliament and of the Council, and repealing Commission Directive 87/250/EEC, Council Directive 90/496/EEC, Commission Directive 1999/10/EC, Directive 2000/13/EC of the European Parliament and of the Council, Commission Directives 2002/67/EC and 2008/5/EC and Commission Regulation (EC) No 608/2004 (OJ L 304, 22.11.2011, p. 18).’;"

(2)

the following point (e) shall be added to the first paragraph of Article 5:

(3)

the first subparagraph of Article 6(2) shall be replaced by the following:

(*2)  Council Regulation (EEC) No 1536/92 of 9 June 1992 laying down common marketing standards for preserved tuna and bonito (OJ L 163, 17.6.1992, p. 1)."

(*3)  Council Regulation (EEC) No 2136/89 of 21 June 1989 laying down common marketing standards for preserved sardines and trade descriptions for preserved sardines and sardine-type products (OJ L 212, 22.7.1989, p. 79).’;"

(4)

in Article 7, the second paragraph shall be deleted;

(5)

the following Article 8a shall be inserted:

(6)

the first subparagraph of Article 9(1) shall be replaced by the following:

(7)

Article 10 shall be replaced by the following:

(8)

the following Article 10a shall be inserted:

(*4)  Commission Regulation (EC) No 792/2009 of 31 August 2009 laying down detailed rules for the Member States’ notification to the Commission of information and documents in implementation of the common organisation of the markets, the direct payments regime, the promotion of agricultural products and the regimes applicable to the outermost regions and the smaller Aegean islands (OJ L 228, 1.9.2009, p. 3).’."

(1)

By Decision 94/800/EC (4) the Council concluded the Agreement on Government Procurement (hereinafter referred to as ‘the Agreement’). The Agreement should be applied to any procurement contract with a value that reaches or exceeds the amounts (hereinafter referred to as ‘thresholds’) set in the Agreement and expressed as special drawing rights.

(2)

One of the objectives of Directives 2004/17/EC and 2004/18/EC is to allow the contracting entities and the contracting authorities which apply those Directives to comply at the same time with the obligations laid down in the Agreement. To achieve this, the thresholds laid down by those Directives for public contracts which are also covered by the Agreement should be aligned in order to ensure that they correspond to the euro equivalents, rounded down to the nearest thousand, of the thresholds set out in the Agreement.

(3)

For reasons of coherence, it is appropriate to align also those thresholds in Directives 2004/17/EC and 2004/18/EC which are not covered by the Agreement. At the same time, the thresholds laid down by Directive 2009/81/EC should be aligned to the revised thresholds laid down in Article 16 of Directive 2004/17/EC.

(4)

Directives 2004/17/EC, 2004/18/EC and 2009/81/EC should therefore be amended accordingly.

(5)

The measures provided for in this Regulation are in accordance with the opinion of the Advisory Committee for Public Contracts,

(1)

Article 16 is amended as follows:

(2)

Article 61 is amended as follows:

(1)

Article 7 is amended as follows:

(2)

the first paragraph of Article 8 is amended as follows:

(3)

in Article 56, the amount ‘EUR 5 000 000’ is replaced by ‘EUR 5 186 000’;

(4)

in the first subparagraph of Article 63(1), the amount ‘EUR 5 000 000’ is replaced by ‘EUR 5 186 000’;

(5)

Article 67(1) is amended as follows:

(1)

in point (a), the amount ‘EUR 400 000’ is replaced by ‘EUR 414 000’;

(2)

in point (b), the amount ‘EUR 5 000 000’ is replaced by ‘EUR 5 186 000’.

(1)

Article 26(2) of Regulation (EU) No 1169/2011 sets out the obligation to indicate the country of origin or place of provenance on the label of meat falling within the Combined Nomenclature codes listed in Annex XI to that Regulation, i.e. fresh, chilled and frozen meat of swine, sheep or goats and poultry.

(2)

A balance needs to be struck between the need of the consumers to be informed and the additional cost for operators and national authorities, which finally has an impact on the final price of the product. The impact assessment and a study commissioned by the Commission examined several options for indicating the country of origin or place of provenance with respect to the most relevant stages of the life of the animals. The results show that consumers require foremost the information on the place where the animal was reared. At the same time, providing mandatory information on the place of birth of the animal would require the establishment of new traceability systems at farm level with the respective costs stemming therefrom, while labelling the place of slaughter can be done at an affordable cost and gives valuable information to the consumer. As regards the geographical level there is evidence that indication of the Member State or third country would be the most relevant information for consumers.

(3)

Within Regulation (EU) No 1169/2011 the concept of ‘country of origin’ of a food is determined in accordance with Articles 23 to 26 of Council Regulation (EEC) No 2913/92 (2). For animal products that concept refers to the country in which the product is wholly obtained which applied to meat means the country in which the animal was born, reared and slaughtered. When several countries have been involved in the production of a food, that concept refers to the country where the products have undergone their last substantial and economically justified processing or working. However, applying it to situations in which the meat comes from animals which were born, reared and slaughtered in different countries would not sufficiently inform the consumers about the origin of that meat. Therefore, in all those situations it is necessary to provide for an indication, on the label, of the Member State or third country where the animal has been reared for a period representing a substantial part of the normal cycle of rearing for each species, as well as of the Member State or third country where it has been slaughtered. The term ‘origin’ should be reserved for meat obtained from animals born, reared and slaughtered, and therefore wholly obtained, in one single Member State or third country.

(4)

For the cases in which the animal has been reared in several Member States or third countries and the rearing period cannot be met, an appropriate indication of the place of rearing should be provided for so that the consumer needs are better met and unnecessary complexity of the label is avoided.

(5)

In addition, rules should be laid down for packages containing pieces of meat of the same or different species obtained from animals reared and slaughtered in different Member States or third countries.

(6)

This labelling system requires traceability rules at all stages of production and distribution of the meat, from slaugthering until packaging to ensure the link between the labelled meat and the animal or group of animals from which that meat has been obtained.

(7)

Specific rules should be provided for meat imported from third countries where the information required for labelling is not available.

(8)

As regards minced meat and trimmings, given the characteristics of their production processes, operators should be allowed to make use of a simplified system of indications.

(9)

In view of the commercial interest of the information to be provided under this Regulation, food business operators should be given the possibility to add to the mandatory indications on the label other elements referring to the provenance of the meat.

(10)

As the relevant provisions of Regulation (EU) No 1169/2011 are applicable from 13 December 2014, and Article 47 thereof provides for application of the implementing rules under that Regulation as from 1 April in each calendar year, this Regulation should start to apply on 1 April 2015.

(11)

The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,

(a)

‘Origin: EU’, where minced meat or trimmings are produced exclusively from meat obtained from animals born, reared and slaughtered in different Member States;

(b)

‘Reared and slaughtered in: EU’, where minced meat or trimmings are produced exclusively from meat obtained from animals reared and slaughtered in different Member States;

(c)

‘Reared and slaughtered in: non-EU’, where minced meat or trimmings are produced exclusively from meat imported into the Union;

(d)

‘Reared in: non-EU’ and ‘Slaughtered in: EU’ where minced meat or trimmings are produced exclusively from meat obtained from animals imported into the Union as animals for slaughter and slaughtered in one or different Member States;

(e)

‘Reared and slaughtered in: EU and non-EU’ where minced meat or trimmings are produced from:

(1)

Annex I to Regulation (EC) No 881/2002 lists the persons, groups and entities covered by the freezing of funds and economic resources under that Regulation.

(2)

On 4 December 2013, the Sanctions Committee of the United Nations Security Council (UNSC) decided to remove one person from its list of persons, groups and entities to whom the freezing of funds and economic resources should apply.

(3)

Annex I to Regulation (EC) No 881/2002 should therefore be updated accordingly,

(1)

Implementing Regulation (EU) No 543/2011 lays down, pursuant to the outcome of the Uruguay Round multilateral trade negotiations, the criteria whereby the Commission fixes the standard values for imports from third countries, in respect of the products and periods stipulated in Annex XVI, Part A thereto.

(2)

The standard import value is calculated each working day, in accordance with Article 136(1) of Implementing Regulation (EU) No 543/2011, taking into account variable daily data. Therefore this Regulation should enter into force on the day of its publication in the Official Journal of the European Union,

(1)

Article 136(1) of Regulation (EC) No 1234/2007 states that the import duty on products covered by CN codes 1001 19 00, 1001 11 00, ex 1001 91 20 (common wheat seed), ex 1001 99 00 (high quality common wheat other than for sowing), 1002 10 00, 1002 90 00, 1005 10 90, 1005 90 00, 1007 10 90 and 1007 90 00 is to be equal to the intervention price valid for such products on importation and increased by 55 %, minus the cif import price applicable to the consignment in question. However, that duty may not exceed the rate of duty in the Common Customs Tariff.

(2)

Article 136(2) of Regulation (EC) No 1234/2007 lays down that, in order to calculate the import duty referred to in paragraph 1 of that Article, representative cif import prices are to be established on a regular basis for the products in question.

(3)

Under Article 2(2) of Regulation (EU) No 642/2010, the price to be used for the calculation of the import duty on products covered by CN codes 1001 19 00, 1001 11 00, ex 1001 91 20 (common wheat seed), ex 1001 99 00 (high quality common wheat other than for sowing), 1002 10 00, 1002 90 00, 1005 10 90, 1005 90 00, 1007 10 90 and 1007 90 00 is the daily cif representative import price determined as specified in Article 5 of that Regulation.

(4)

Import duties should be fixed for the period from 16 December 2013 and should apply until new import duties are fixed and enter into force.

(5)

Given the need to ensure that this measure applies as soon as possible after the updated data have been made available, this Regulation should enter into force on the day of its publication,

(1)

The negotiations on the revision of the WTO Agreement on Government Procurement (1994 GPA) were launched in January 1999 pursuant to Article XXIV:7(b) and (c) of the 1994 GPA.

(2)

Negotiations have been conducted by the Commission in consultation with the Special Committee established by Article 207(3) of the Treaty on the Functioning of the European Union.

(3)

In the context of those negotiations, the negotiators on 30 March 2012 reached an agreement on a Protocol Amending the Agreement on Government Procurement (‘the Protocol’), as well as on seven decisions to be adopted by the Committee on Government procurement that would start the implementation of certain provisions of the Protocol immediately upon its entry into force. Those decisions are the following: (i) Decision of the Committee on Government Procurement on Notification requirements under Articles XIX and XXII of the Agreement; (ii) Decision of the Committee on Government procurement on adoption of work programmes; (iii) Decision of the Committee on Government procurement on a Work programme on SMEs; (iv) Decision of the Committee on Government Procurement on a work programme on collection and reporting of statistical data; (v) Decision of the Committee on Government Procurement on a work programme on sustainable procurement; (vi) Decision of the Committee on Government Procurement on a work programme on exclusions and restriction in parties’ Annexes; (vii) Decision on a work programme on safety standards in International Procurement; (hereafter referred to collectively as ‘the Decisions’).

(4)

The procedure for giving effect to the agreement reached on 30 March 2012 requires that the Committee on Government Procurement, at its first meeting following the entry into force of the Protocol, take a decision confirming the adoption of the Decisions and their entry into force as of the date of entry into force of the Protocol.

(5)

In so far as the Decisions facilitate the implementation of principles of the 1994 GPA as revised, and contribute to the elimination of discriminatory practices, the adoption of the Decisions will facilitate the further opening-up of government procurement.

(6)

It is appropriate to establish the position to be taken on the Union’s behalf within the Committee on Government Procurement in relation to the Decisions implementing certain provisions of the Protocol,

(i)

Decision of the Committee on Government Procurement on Notification requirements under Articles XIX and XXII of the Agreement;

(ii)

Decision of the Committee on Government procurement on adoption of work programmes;

(iii)

Decision of the Committee on Government procurement on a Work programme on SMEs;

(iv)

Decision of the Committee on Government Procurement on a work programme on the collection and reporting of statistical data;

(v)

Decision of the Committee on Government Procurement on a work programme on sustainable procurement;

(vi)

Decision of the Committee on Government Procurement on a work programme on exclusions and restriction in parties’ Annexes;

(vii)

Decision on a work programme on safety standards in International Procurement;

(1)

On 22 December 2009 and on 18 January 2010, the Council adopted Decisions 2009/1014/EU (1) and 2010/29/EU (2) appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2010 to 25 January 2015.

(2)

A member’s seat on the Committee of the Regions has become vacant following the end of the term of office of Ms Martina MICHELS.

(3)

An alternate member’s seat will become vacant following the appointment of Mr Frank ZIMMERMANN as member of the Committee of the Regions,

(a)

as member:

and

(b)

as alternate member:

(1)

According to Article 126 of the Treaty on the Functioning of the European Union (TFEU) Member States are to avoid excessive government deficits;

(2)

The Stability and Growth Pact is based on the objective of sound government finances as a means of strengthening the conditions for price stability and for strong sustainable growth conducive to employment creation.

(3)

On 7 July 2009, the Council decided, in accordance with Article 104(6) of the Treaty establishing the European Community (TEC), that an excessive deficit existed in Poland and issued a recommendation to correct the excessive deficit by 2012, in accordance with Article 104(7) TEC and Article 3 of Council Regulation (EC) No 1467/97 (1). In order to bring the general government deficit at or below 3 % of GDP in a credible and sustainable manner, the Polish authorities were recommended to implement the fiscal stimulus measures in 2009 as planned, ensure an average annual structural budgetary adjustment of at least 1¼ % of GDP starting in 2010, provide detailed measures to bring the deficit below the reference value by 2012, and introduce reforms to contain primary current expenditure over the following years. The Council established a deadline of 7 January 2010 for effective action to be taken.

(4)

On 3 February 2010, the Commission concluded that, based on the Commission 2009 autumn forecast, Poland had taken necessary action to comply with the Council recommendation of 7 July 2009 to bring its government deficit within the Treaty reference value and considered that no additional step in the excessive deficit procedure was therefore necessary. However, on the basis of its 2011 autumn forecast, the Commission considered that Poland was not on track and asked for additional measures, which Poland adopted and publicly announced up to 10 January 2012. Thus, on 11 January 2012 the Commission confirmed that the Polish authorities had taken effective action towards a timely and sustainable correction of the excessive deficit and no further steps in the excessive deficit procedure of Poland were needed at the time.

(5)

On 21 June 2013, the Council concluded that Poland had taken effective action but adverse economic events with major implications on public finances had occurred, and issued revised recommendations (2). Thus, Poland fulfilled the conditions for the extension of the deadline for correcting the excessive general government deficit as laid down in Article 3(5) of Regulation (EC) No 1467/97. The Council recommended that Poland put an end to the excessive deficit situation by 2014. It also recommended that Poland reach a headline general government deficit target of 3,6 % of GDP in 2013 and 3,0 % of GDP in 2014, which is consistent with an annual improvement of the structural budget balance of at least 0,8 % of GDP and 1,3 % of GDP in 2013 and 2014, respectively, based on the Commission updated 2013 spring forecast. It recommended that Poland rigorously implement the measures already adopted, while complementing them with additional measures sufficient to achieve a correction of the excessive deficit by 2014. In addition, it recommended that Poland use all windfall gains for deficit reduction. The Council established the deadline of 1 October 2013 for Poland to take effective action and, in accordance with Article 3(4a) of Regulation (EC) No 1467/97, to report in detail the consolidation strategy that is envisaged to achieve the targets.

(6)

On 2 October 2013, Poland submitted a report on effective action. The macroeconomic scenario underpinning the report is similar to the one used for the Convergence Programme 2013. After recording an average real GDP growth of 4 % per year over 2001-2011, the pace of economic activity slowed down in 2012 to 1,9 %. The macroeconomic scenario underpinning the report on effective action projects real GDP growth to slow down further in 2013 to 1,5 % before rebounding in 2014 and 2015 with real GDP expanding by 2,5 % and 3,8 %, respectively. According to the Commission 2013 autumn forecast, real GDP is set to grow at 1,3 % in 2013 and accelerate to 2,5 % in 2014 and 2,9 % in 2015. Compared to the Polish authorities, the Commission has a less optimistic view on domestic demand growth over the forecast horizon, private consumption and private investment in particular.

(7)

The Polish authorities foresee a general government deficit of 4,8 % of GDP in 2013, up from 3,9 % of GDP in 2012. This is worse than 3,5 % of GDP provided in the 2013 update of the Convergence Programme and is due to a significant revenue shortfall of 1,2 % of GDP and an expenditure slippage of 0,1 % of GDP. For 2014, the Polish Ministry of Finance has projected a surplus of 4,5 % of GDP on the back of the planned pension reform, which in particular results in a one-off transfer of assets worth 8,5 % of GDP. In 2015, the general government balance is expected to become a deficit of 3 % of GDP.

(8)

For 2013 and 2014, the Commission forecast is similar to the one of the Polish authorities. It also projects a deficit of 4,8 % of GDP in 2013. The deterioration compared to the 3,9 % of GDP in the EDP baseline scenario is mainly due to revenue shortfalls. In 2014, the general government balance is projected to be in surplus (+ 4,6 % of GDP) as a consequence of the planned pension reform. For 2015, the Commission is less optimistic than the Polish authorities and expects a general government deficit of 3,3 % of GDP. The 0,3 percentage points of GDP difference is mainly due to lower current revenues based on a lower projection of nominal GDP growth as well as higher government expenditure on intermediate consumption. The deficit targets are subject to implementation risks.

(9)

Both the Polish authorities and the Commission project the general government gross debt to remain below the 60 % threshold over the entire period under consideration. According to the Commission 2013 autumn forecast, the debt-to-GDP ratio is forecast to fall from 55,6 % in 2012 to 51 % in 2014, mainly as an effect of the announced transfer of pension funds' assets of 8,5 % of GDP, before edging up to 52,5 % in 2015.

(10)

Since, according to the Commission 2013 autumn forecast, the general government deficit in 2013 is projected to reach 4,8 % of GDP, Poland is set to miss the headline deficit target of 3,6 % of GDP recommended by the Council. Also the annual adjusted structural effort in 2013 (0,3 % of GDP) is well below the recommended annual fiscal effort (0,8 % of GDP). The bottom-up analysis of new discretionary measures complemented by an assessment of expenditure developments, corrected for expenditure over- and under-execution which is outside the control of the government, shows an overall fiscal effort of 0,2 % of GDP. This falls short of the required additional measures of 0,4 % of GDP underlying the fiscal effort set in the Council Recommendation and confirms that Poland has not implemented the fiscal effort in 2013 as recommended by the Council.

(11)

In 2014, the Commission expect a general government surplus of 4,6 % of GDP. Thus, the headline deficit target is set to be fulfilled only due to the one-off transfer of pension funds' assets. The expected annual adjusted structural effort is with 1,4 % of GDP in 2014 above the recommended annual fiscal effort of 1,3 % of GDP.

(12)

Overall, Poland has not complied with fiscal targets recommended for 2013, while for 2014 the targets specified in the Council recommendation of 21 June 2013 are forecast to be met. However, the Commission projection for 2015 expect the correction of the excessive deficit in 2014 not to be sustainable as the deficit is set to reach 3,3 % of GDP,

(1)

Article 1(5) of the 10th EDF Internal Agreement provides that the funds of the 10th EDF are no longer to be committed beyond 31 December 2013 unless the Council decides otherwise by unanimity, on a proposal from the Commission.

(2)

Paragraph 5 of Annex Ib (Multi-annual financial framework for the period 2008 to 2013) to the ACP-EU Partnership Agreement provides that the funds of the 10th EDF, apart from amounts allocated to the Investment Facility, excluding the related interest rate subsidies, are no longer to be committed beyond 31 December 2013, unless the Council decides otherwise by unanimity, on a proposal from the Commission.

(3)

Article 1(2) of Annex IIAa of the Overseas Association Decision provides that the funds of the 10th EDF are no longer to be committed after 31 December 2013, unless the Council decides otherwise by unanimity, on a proposal from the Commission.

(4)

Article 13(3) of the 10th EDF Internal Agreement provides that it is concluded for the same duration as the multiannual financial framework of the ACP-EU Partnership Agreement, and that it is to remain in force for as long as is necessary for all the operations financed under the ACP-EU Partnership Agreement and the Overseas Association Decision and that multiannual financial framework to be fully executed.

(5)

The organisation and functioning of the European External Action Service are described in Council Decision 2010/427/EU (3).

(6)

The entry into force of the 11th EDF may be delayed beyond 1 January 2014. It is therefore appropriate to provide for transitional measures (‘Bridging Facility’) to ensure the availability of funds for cooperation with ACP countries and with Overseas Countries and Territories (OCTs), as well as for support expenditure, between January 2014 and the entry into force of the 11th EDF Internal Agreement, to be financed from balances and decommitted funds of the 10th and previous EDFs,

(1)

On 31 May 2013, the Council adopted Decision 2013/255/CFSP.

(2)

It is necessary to introduce in Decision 2013/255/CFSP exemptions enabling Member States to provide support to the activities undertaken by the Organization for the Prohibition of Chemical Weapons (OPCW) for the elimination of the chemical weapons in Syria in accordance with paragraph 10 of the United Nations (UN) Security Council Resolution 2118(2013).

(3)

It is also necessary to apply restrictions to trade in goods belonging to Syria's cultural heritage which have been illegally removed from Syria with the objective of facilitating the safe return of those goods.

(4)

The exemption, under Decision 2013/255/CFSP, from the asset freeze for humanitarian purposes should be amended in order to facilitate the delivery of humanitarian assistance to Syria and to avoid the risk of misuse of released funds or economic resources. In this context, funds should be released to the UN for the purpose of delivering assistance in Syria in accordance with the Syria Humanitarian Assistance Response Plan (SHARP).

(5)

In addition, it is necessary to add an exemption under the asset freeze to allow the processing of payments by or to a non-designated person or entity due in connection with a specific trade contract for medical supplies, food, shelter, sanitation or hygiene for civilian use.

(6)

Further action by the Union is needed in order to implement certain measures.

(7)

Decision 2013/255/CFSP should be amended accordingly,

(1)

in Article 1, paragraph 3 is replaced by the following:

(2)

in Article 3, the following paragraph is added:

(3)

the following Article is inserted:

(4)

in Article 28(3), point (e) is replaced by the following:

(5)

in Article 28(3), the following point is added:

(6)

in Article 28, the following paragraph is added:

(1)

In accordance with Article 32(5) first subparagraph of Directive 2010/75/EU, the United Kingdom of Great Britain and Northern Ireland (the United Kingdom) submitted to the Commission a transitional national plan (TNP) on 14 December 2012 (2).

(2)

The TNP has been assessed in accordance with Article 32(1), (3) and (4) of Directive 2010/75/EU and with Commission Implementing Decision 2012/115/EU (3).

(3)

During its assessment of the completeness of the TNP submitted by the United Kingdom, the Commission found that many data essential for the assessment were missing from the TNP and that the data template provided for in Table A.1 in Appendix A of the Annex to Implementing Decision 2012/115/EU was not fully completed. The Commission also noted that for many plants the data included in the TNP did not match with the data in the 2009 emission inventory submitted by the United Kingdom in accordance with Directive 2001/80/EC of the European Parliament and of the Council (4).

(4)

As the missing data and the discrepancies between the TNP and the emission inventory under Directive 2001/80/EC hampered the assessment of the TNP, the Commission, in its letter of 3 June 2013 (5), requested the United Kingdom to resubmit the TNP using the correct data templates and including the missing data, and to clarify the differences found between the TNP and the 2009 emission inventory under Directive 2001/80/EC, as well as to explicitly confirm that the aggregation rules set out in Article 29 of Directive 2010/75/EU had been applied for the compilation of the TNP.

(5)

The United Kingdom submitted additional information to the Commission on 18 June 2013 (6), 19 June 2013 (7), 20 June 2013 (8) and 1 July 2013 (9). In these submissions, the United Kingdom provided most of the missing data using the required templates, as well as a partial clarification of the differences between the information in the TNP and the 2009 emission inventory under Directive 2001/80/EC.

(6)

After further assessment of the TNP and the additional information submitted by the United Kingdom, the Commission sent a second letter on 10 September 2013 (10). In this letter, the Commission repeated its request to the United Kingdom to explicitly confirm that for all plants included in the TNP the aggregation rules set out in Article 29 of Directive 2010/75/EU were applied correctly and asked the United Kingdom to confirm that none of the combustion plants that benefited from the exemption set out in Article 4(4) of Directive 2001/80/EC was part of the TNP. The Commission further questioned the eligibility of a number of plants to be included in the TNP and requested additional data and/or clarifications concerning the average waste gas flow rates, conversion factors, total rated thermal input and emission limit values applied for certain plants, in particular multi-fuel firing plants and gas turbines. The Commission also requested the United Kingdom to provide information on the measures foreseen for 120 plants included in the TNP to ensure timely compliance with the emission limit values that will apply from 1 July 2020.

(7)

In its letter of 10 September 2013 the Commission also informed the United Kingdom that the NOx emission limit value of 1 200 mg/Nm3 for solid fuel used for the plant ‘Aberthaw Power Station’, which contributes significantly to the overall TNP ceiling for NOx, had to be corrected as the conditions for using this limit value, that are set out in Note 2 to Table C.1 in Appendix C of the Annex to Implementing Decision 2012/115/EU, were not fulfilled for this plant during the reference period 2001-2010. According to the information available to the Commission, the United Kingdom did not demonstrate that the average annual volatile content of the solid fuel used in the plant was below 10 % in any of the years between 2001 and 2010.

(8)

In its replies of 26 and 27 September 2013 (11), the United Kingdom provided additional data and informed the Commission of the removal of 11 plants from the TNP. For the plant ‘Aberthaw Power Station’, the United Kingdom continued to argue that the conditions set out in Note 2 to Table C.1 in Appendix C of the Annex to Implementing Decision 2012/115/EU had been fulfilled and that the NOx emission limit value of 1 200 mg/Nm3 for solid fuels used to calculate the contribution to the 2016 ceiling was therefore correct.

(9)

Based on the additional information provided, the Commission found that essential data concerning several plants were still missing from the TNP and that a full assessment of the TNP was therefore not possible, in particular in terms of consistency and correctness of the data and of the assumptions and calculations used for determining the contributions of each combustion plant to the emission ceilings.

(10)

After the final assessment of the TNP notified by the United Kingdom, as amended in accordance with the additional information, the Commission identified one main element not being in compliance with the applicable provisions, as follows:

(11)

In addition, the Commission identified 34 plants in the TNP for which the information reported is still inconsistent and/or missing data need to be supplemented, in particular concerning the emission limit values used and the ceiling contributions calculated and reported. The list of plants for which data are inconsistent or missing is included in the Annex to this decision.

(12)

The Commission has therefore come to the conclusion that the TNP notified by the United Kingdom, as amended in accordance with the additional information, is not in accordance with the provisions laid down in Article 32(1), (3) and (4) of Directive 2010/75/EU and in Implementing Decision 2012/115/EU.

(13)

Hence, the TNP notified by the United Kingdom should not be accepted,