Europaudvalget 2005-06
2688 - Økofin Bilag 4
Offentligt
Medlemmerne af Folketingets Europaudvalg
og deres stedfortrædere
Bilag
1
Journalnummer
400.C.2-0
Kontor
EUK
16. november 2005
Til underretning for Folketingets Europaudvalg vedlægges Finansministeriets
redegørelse for rådsmøde (økonomi- og finansministre) den 8. november
2005.
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2
Notat
14. november 2005
Referat fra EU finans- og økonomiministermøde (ECOFIN) den 8.
november 2005
D agsordenspunkt:
EU-budget -- Kommissionens køreplan hen
-
imod en positiv revisionserklæring (D AS)
Rådet vedtog konklusioner om Kommissionens køreplan for indførelsen af en inte-
greret struktur for intern kontrol med gennemførelsen af EU's budget,
jf. vedlagte
bilag.
Der var tilfredshed med de fremskridt Kommissionen og medlemsstaterne allerede
har gennemført i deres kontrolsystemer, men nogle ministre bemærkede, at der var
brug for på nationalt niveau at tage større ansvar for opgaverne.
D agsordenspunkt:
Bedre regulering -- metode til måling af admi-
-
nistrative byrder i EU
Kommissionen og formanden for den Økonomisk-Politiske Komité (EPC) rede-
gjorde for det hidtidige arbejde vedrørende måling af administrative byrder, herun-
der resultatet af de gennemførte pilotprojekter.
Rådet vedtog konklusioner, der understreger vigtigheden af bedre regulering i rela-
tion til Lissabon-målsætningerne om at styrke vækst og beskæftigelse i EU, og op-
fordrer Kommissionen til at begynde anvendelsen af en fælles metode til måling af
administrative byrder i EU fra januar 2006,
jf. vedlagte bilag.
Kommissionen fremsatte en erklæring, der understreger, at medlemslandene må
medvirke ved at levere de nødvendige data, og at målemetoden også bør anvendes
på de ændringer, Rådet foretager i retsakterne, efter at de er fremlagt af Kommissi-
onen.
Sagen forventes at blive drøftet igen på ECOFIN i december 2005.
D agsordenspunkt:
EU-statistik -- opfølgning på ECOFIN konklu-
-
sioner af 7. juni 2005
Der blev opnået politisk enighed om forslag til forordning til ændring af forordning
3605/93 – herunder tre annekser – og vedtaget konklusioner vedrørende kvaliteten
af statistiske data, prioritering af statistiske behov, Udvalget for Penge- Kreditmar-
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keds- og Betalingsbalancestatistik (CMFB), Eurostats uafhængighed og Statusrap-
port om Informationskravene i ØMU’en,
jf. vedlagte bilag.
Ministrene nåede i den forbindelse også til enighed om et mandat for en ny rådgi-
vende ”høj-niveau” gruppe med henblik på at fremme Eurostats uafhængighed,
integritet og pålidelighed.
D agsordenspunkt:
Stabilitets- og Vækstpagten -- rådsbeslutning
-
til Ungarn under artikel 104.8
Kommissionen og formanden for den Økonomisk-Finansielle Komité (EFC) rede-
gjorde for den økonomiske situation i Ungarn.
Rådet vedtog på den baggrund en beslutning under artikel 104.8 i proceduren for
uforholdsmæssigt store underskud vedrørende Ungarn. Rådet konstaterede dermed,
at Ungarn ikke har iværksat virkningsfulde foranstaltninger i opfølgning på råds-
henstillingen under artikel 104.7 af 8. marts 2005 om at bringe underskuddet under
3 pct. af BNP i 2008. Rådet traf i januar 2005 en tilsvarende beslutning som op-
følgning på en rådshenstilling fra juli 2004.
Der blev endvidere vedtaget konklusioner, der udtrykker bekymring vedrørende
udviklingen i de offentlige finanser og de makroøkonomiske ubalancer i Ungarn.
D agsordenspunkt:
Fremskridtsrapport vedr. ’’One Stop Shop’’ mv.
Formandskabet præsenterede sin fremskridtsrapport vedrørende en direktivpakke
om forenklinger af momsregler, som Rådet noterede sig.
D agsordenspunkt:
D irektiv om nedsat moms
Rådet drøftede endnu engang en ændring af EU-reglerne om nedsat moms med
udgangspunkt i et kompromis foreslået af formandskabet.
Flere medlemslande gav udtryk for uændrede holdninger, herunder i forhold til de
arbejdskraftintensive ydelser og kravet om ligebehandling.
Sagen forventes drøftet på ny på rådsmødet (ECOFIN) i december 2005. Indtil da
vil der blive arbejdet videre med sagen i De Faste Repræsentanters Komité (CO-
REPER).
D agsordenspunkt:
Finansielle tjenesteydelser -- grænseoverskri-
-
dende fusioner og virksomhedsopkøb
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Kommissionen orienterede om det arbejde, som indtil videre er udført med hensyn
til at afdække hindringer for grænseoverskridende fusioner og virksomhedsopkøb i
den finansielle sektor.
Formandskabet drog på den baggrund konklusioner vedrørende det videre arbejde,
jf. vedlagte bilag.
D agsordenspunkt:
Budgetmæssige aspekter af sukkerreformen
Der var i Rådet en drøftelse af de finansielle konsekvenser af reformen af EU’s
fælles organisering af sukkermarkedet.
Formandskabet vil informere formændene for hhv. Rådet for Generelle Anliggen-
der og Eksterne Relationer (GAERC) og Rådet for Landbrug og Fiskeri om de
synspunkter, som landene gav udtryk for.
A-punkter
Rådet vedtog uden drøftelse konklusioner om Revisionsrettens særberetning om
forvaltningen af Det Europæiske Kontor for Bekæmpelse af Svig (OLAF),
jf. vedlag-
te bilag.
D iverse
Rådet havde under frokosten en drøftelse med finansministrene fra EFTA-landene
vedrørende de økonomiske udfordringer for europæisk økonomi i lyset af globalise-
ringen.
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Bilag
Rådskonklusioner om Kommissionens køreplan hen imod en positiv
revisionserklæring (D AS)
EU BUDGET CONTROL FRAMEWORK
“Introduction
1.
Since its introduction for the discharge of the 1994 budget, the European
Court of Auditors has given a qualified Statement of Assurance (DAS
1
) for
most transactions underlying the European Union’s accounts. Nonetheless,
the Council welcomes the substantial progress made by the Commission and
the Member States to strengthen control systems and now notes the publica-
tion of the Commission’s Communication on
“a
Roadmap to an integrated
internal control framework”. A panel of experts met on 21 and 22 September
2005 to discuss the issues raised by the communication.
Numerous measures have already been implemented to improve sound fi-
nancial management. It is in the EU’s interests to continue to improve finan-
cial management so that reasonable and verifiable assurance can be had that
controls are in place which work correctly and effectively. Achieving a posi-
tive DAS is an ambitious mid-term objective.
The Council recalls that, under the EC Treaty, the Commission is responsible
for the implementation of the European Union’s budget. It also considers
that the controls and assurance required should be improved by building on
existing control structures with a view to improving the cost-benefit ratio and
promoting simplification. Participants in the management of EU funds
should ensure that controls are operating effectively.
The Council believes that the achievement of an effective integrated internal
control framework in line with the principles set out in the Court’s opinion
No. 2/2004 should provide reasonable assurance regarding the management
of the risk of error in the underlying transactions.
2.
3.
4.
Simplification
5.
It is of fundamental importance to pursue the harmonisation of the principles
of controls and also the simplification of legislation. The regulations to be
adopted for the programming period 2007-13 should include simplification
of the control requirements while providing reasonable assurance. These reg-
ulations should be simple, easy to apply and predictable throughout the pro-
gramming period. The Council requests that the Commission assess the cost
1
Déclaration d ’assu rance (DAS)
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of controls by area of expenditure. Simplification should not lead to any in-
crease of the current level of administrative and control costs and should en-
sure elimination of multiple internal controls by different bodies and entities.
Control Systems
6.
The Member States and the Commission should seek to optimise the effec-
tiveness, economy and efficiency of current control systems. While recognis-
ing the different national administrative arrangements of the Member States,
the Council believes that there is scope for general common principles and
elements regarding internal controls, whether existing or to be adopted for
the programming period 2007-13. For multi-annual programmes, the control
systems to manage the risk of error should also be assessed over the period as
the whole. It requests that the Commission provide clarification in a number
of areas identified in its communication
2
, inter alia:
Simplification of legislation and harmonisation;
Single Audit in the context of internal control;
Assessment of the relevance of the various internal controls standards;
Assessment of the risk of error and the consequential financial impact of
those errors;
Balancing costs and benefits of controls, taking a risk based approach; and
Roles of the various actors.
Action by the European Commission
7.
An initial analysis has been made with the publication of the Commission
services’ “gap assessment between the internal control framework in the
Commission Services and the control principles set out in the Court of Audi-
tors’ proposal for a Community internal control framework opinion No.
2/2004”. The Council will consider the Commission's Action Plan to im-
prove the quality of systems of administration and control.
The Council notes the Commission’s actions, identified in its communica-
tion
3
, to improve the Commission’s internal control framework for budgetary
management and centrally managed funds, and to improve the framework for
decentralised management. As regards shared management, the Commission
is invited to assess the implementation of the current regulations concerning
inter alia sample checks on operations, paying authorities and winding up
bodies' activities.
The Commission, working with the Member States, should provide an as-
sessment of the present controls at sector and regional level and the value of
existing statements and declarations.
8.
9.
The Role for Member States
2
10326/ 05 COM (2005) 252 final
3
10326/ 05 COM (2005) 252 final
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10.
The Council recalls that the Commission implements the budget on its own
responsibility, and that Member States, in the framework of their cooperation
with the Commission under Article 274 of the EC Treaty should continue to
undertake and improve controls over funds under shared management ar-
rangements.
Contract of Confidence arrangements proposed under the Structural Funds
programmes could help increase assurance under the present regulations, and
the Council invites the Commission and Member States which have indicated
their wish to proceed to complete the process of their adoption of these ar-
rangements.
11.
Declarations and Decentralised management of EU funds
12.
Taking into account the need not to put into question the existing balance
between the Commission and the Member States or to compromise respon-
sibility and accountability at the operational level, the Council believes exist-
ing operational-level declarations can provide an important means of assur-
ance for the Commission and ultimately the Court of Auditors and should be
useful and cost effective and be taken into account by the Commission and
ultimately the Court of Auditors to attain a positive DAS.
Audit Issues
13.
The Council emphasises the need for a strict distinction between internal
control and external audit. External bodies are not part of the internal control
framework.
The Council stresses that any form of cooperation between Independent
Supreme Audit Institutions and the Court of Auditors can only be based on
Article 248 of the EC Treaty. It notes the possibility that some Independent
Supreme Audit Institutions are willing to discuss further how they might
strengthen their contribution to an integrated control framework governing
EU funds.
The Commission and Member States should ensure that their approach con-
cerning the integrated internal control framework is based on common con-
trol standards and should consider together, in the appropriate formation,
how these standards can be most effectively applied. The Council invites the
European Court of Auditors to examine and report on how the integrated in-
ternal control framework would affect its audit approach taking account of
current International Auditing Standards.
The Council encourages the Court to:
continue to improve the clarity of for the DAS;
identify each year the factors which have prevented the supervisory and
control systems from functioning effectively so as to manage adequately the
risk to the legality and regularity of the underlying transactions;
14.
15.
16.
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address the issue of multi-annual programmes and their relationship with
the DAS;
take into account existing declarations from Member States; and
present the DAS supplemented by a specific assessment of each major areas
of Community activity, in accordance with Article 248 of the EC Treaty.
The Council encourages Member States, within the framework of the existing pro-
cedure, to discuss bilaterally with the Court the findings of the latter's DAS audits,
and to resolve any systemic problems which are identified. The Commission is en-
couraged to develop solutions to problems common to several Member States and
to report to the Council.
17.
The Council believes, in line with the Court's opinion 2/2004, that it should
reach an understanding with the European Parliament regarding the risks to
be tolerated in the underlying transactions, having regard to the costs and
benefits of controls for the different policy areas and the value of the ex-
penditure concerned.
Next Steps
18.
On the occasion of the 2004 discharge process, the Council should examine
the Commission's Action Plan to fill the gaps in the present control frame-
work.
The Council will examine progress in respect of the present conclusions dur-
ing 2006 to further improve internal control.”
19.
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Rådskonklusioner om Bedre regulering
REDUCING THE ADMINISTRATIVE BURDEN ON BUSINESS
“The Council underlines the importance of better regulation to the Lisbon agenda
and welcomes the commitment made by the Commission to place regulatory re-
form among the top priorities in its strategy for promoting jobs and growth. In this
context, it notes with concern the burden imposed on European businesses by the
administrative costs of national and EU regulation and calls for urgent action at the
EU and national levels to control and reduce these burdens, while respecting the
wider objectives and benefits of legislation and regulation.
The Council (ECOFIN) recalls its October 2004 conclusions
4
and the conclusions
of the November 2004 European Council which supported the development of a
common methodology for measuring the administrative burden of EU legislation,
and invited the Commission to implement the methodology in impact assessments
and in simplification of existing EU legislation as soon as possible in 2005, after
completion of a pilot phase. The Council further recalls the March 2005 European
Council conclusions
5
which called on the Commission and the Council, in the con-
text of the re-launched Lisbon strategy, to develop a common methodology for
measuring administrative burdens with the aim of reaching an agreement by the end
of 2005.
The Council (ECOFIN) welcomes the successful conclusion of the Commission’s
pilot phase and the Commission’s commitment to begin implementation with a
view to securing improvements in the regulatory environment and promoting jobs
and growth. Looking forward, the Council (ECOFIN):
invites the Commission to start measuring administrative burdens, as vali-
dated by the pilot phase, on a consistent basis and in line with transparent
criteria, as part of integrated impact assessments of new EU regulatory pro-
posals from January 2006;
reiterates its October 2004 commitment to assist the Commission in im-
plementing the methodology. In this context Ministers agree: to provide, on
request and in a proportionate manner, the information needed to carry out
assessments of EU administrative burdens and; that the methodology pro-
posed by the Commission provides a common basis for the collection and
exchange of data;
notes that the measurement of administrative burdens at the EU level com-
plements and reinforces the domestic initiatives of a number of Member
States, which remain voluntary in nature;
4
103017/ 04 Presse 284
5
71619/ 05
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invites the Commission to explore how best to integrate the measurement
of administrative burdens into its simplification work programme and to
provide information to the Council on how this is being achieved during
the first half of 2006;
reiterates its October 2004 invitation to the Commission and the member
States to consider developing quantitative objectives for the reduction of
the administrative burden on business in selected areas. In this context, the
Council (ECOFIN) invites the Commission to explore options for estab-
lishing measurable targets for the reduction of the administrative burden of
EU regulation in specific sectors and to bring forward proposals on this is-
sue by spring 2006;
calls for continued and enhanced cooperation between the Commission and
the member States to review use of the methodology and invites the Com-
mission to report on the progress made and lessons learned after an initial,
twelve month, implementation phase, with a view to adapting, if necessary,
the methodology, in order to maximise the contribution of administrative
burden measurement to improving the regulatory environment in the EU;
and
notes that administrative procedures and complex regulatory requirements
often impose the greatest burdens on SMEs and welcomes the intention of
the Commission to address these burdens through its simplification and
wider work programme while respecting the principles of subsidiarity and
proportionality. In this context, the Council invites the Commission, build-
ing on its administrative burdens work, to present proposals for ensuring
that SMEs are protected from disproportionate burdens imposed by new
EU regulatory proposals.”
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11
Rådskonklusioner om EU-statistik
EU STATISTICAL GOVERNANCE
“The Council welcomes the EFC Status Report on Information Requirements in
EMU. Due to the commitments of, and close-cooperation between, Eurostat and
national statistical institutes (NSIs), major progress has been achieved in several
fields of the Principal European Economic Indicators (PEEIs) over recent years.
Furthermore, important new legislation was enacted paving the way for further
progress in those areas. Overall, nine out of a total nineteen PEEIs currently fulfil
or are close to the PEEI timeliness and coverage targets, thus improving considera-
bly the information base for economic analysis and monetary policy.
This progress notwithstanding, the Council acknowledges that important challenges
remain. The availability of timely and high-coverage indicators for services and la-
bour markets, in particular employment data, should be improved as a matter of
priority. Generally, despite some important improvements to timeliness, most
PEEIs still lag far behind the US indicators and major efforts are
still required to catch up with US timeliness. In order to meet these challenges,
stronger commitments are needed in the longer term from NSIs and Eurostat, with
the support of the ECB; in the short and medium-term the efforts should be con-
centrated on fully implementing all PEEIs and consolidating the improvements
achieved rather than setting new ambitious goals. The “First for Europe” principle
for PEEIs should be reinforced, with regard to a closer coordination of release,
revision and dissemination practices, seasonal and working day adjustment for Eu-
ropean aggregates; and the use of European sampling schemes. For that purpose,
Eurostat and the ECB should produce a further progress report on these objectives
and on the implementation plan for the PEEIs. The Council invites the European
statistical system (ESS) to study the best practices in the EU for each indicator and
to provide a report to the EFC on the way to apply these more widely. These two
elements should be integrated into the 2006 status report prepared jointly by Euro-
stat and the ECB before the end of 2006.
Benchmarking exercises against other countries worldwide should be carried out
from time to time so that European statistics match the best international stand-
ards. The full and prompt implementation by Member States of the legislative
framework that has been adopted under the EMU Action Plan is strongly support-
ed so as to improve the critical areas identified. To free up the necessary resources
at the national and European level the Council asks the Commission to continue
and reinforce the efforts on prioritisation.
With respect to the compliance of Member States with the Code of Best Practice
on the compilation and reporting of data of the Excessive Deficit Procedure, the
Council welcomes that the September 2005 EDP notifications can generally be
considered of a good quality. However, there are still some open issues, including
the fact that a number of Member States have not yet updated their inventories.
With a view to the next Convergence Reports in spring 2006, the Council urges the
Member States concerned to fill the remaining gaps in their statistical data underly-
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ing these Convergence Reports as soon as possible. The Council welcomes the
Progress Report on the Action Plan on Economic, Monetary and Financial Statis-
tics for the acceding and candidate countries. The Council considers that these is-
sues should be discussed in the context of the next dialogue meeting in spring 2006.
EU Statistical Governance
Independence, integrity and accountability of Eurostat and of the European Statistical System
(ESS)
In the context of improving the governance of the European statistical system
(ESS), the Ecofin Council emphasised in its report on the Stability and Growth
Pact, which was endorsed by the European Council on 23 March 2005, the im-
portance of developing the operational capacity, monitoring power, independence
and accountability of Eurostat. The Council therefore welcomes the Commission’s
assurance that the principles of the Code of Practice will be respected by Eurostat
through the implementation of the Commission “Recommendation on the inde-
pendence, integrity and accountability of the national and Community statistical
authorities”. The Council had reiterated at several occasions that the professional
independence and credibility of Eurostat stems much from its competence in statis-
tics and its operational capacity to fulfil its ermanent professional tasks. Appropri-
ate and expert staff resources are key in this context.
The Council notes the Commission’s intention to propose a major reform of the
European Advisory Committee on statistical information in the economic and so-
cial spheres (CEIES) so as to have a smaller and more efficient body. A reformed
CEIES would contribute to the improvement of the governance of the ESS and to
the enhancement of the quality of community statistics.
The Council confirms its view that the core issue remains to ensure adequate prac-
tices, resources, capabilities to produce high quality statistics at the national and
European level with a view to ensuring the independence, integrity and accountabil-
ity of both national statistical offices and Eurostat. The Council is of the view that a
new high-level advisory body would enhance the independence, integrity and ac-
countability of Eurostat and, in the context of the peer review assessment of im-
plementing the European Statistics Code of Practice, of the ESS. The new body
should be a small group of persons appointed on the basis of the independence and
competence of these persons. It should be chaired by an influential and well re-
garded person selected by the Council. The new body should draw up an annual
report for the Council and the European Parliament on the implementation of the
European Statistics Code of Practice as it relates to Eurostat. This report will com-
plement the implementation report on the ESS by the Commission. The Council
further notes that the Commission intends to set up a reporting system to monitor
adherence to the Code of Practice in the ESS in line with the proportionality prin-
ciple. The reformed CEIES should be given the task to voice the interests of non-
government users and respondents of European Statistics. With regard to its com-
position it must be in a position to give representation to all stakeholders of Euro-
pean Statistics.
Amendment of Regulation 3605/93
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In the conclusions on EU statistical governance adopted on 7 June 2005, the Eco-
fin Council expressed the view that further details concerning the conduct of possi-
ble methodological visits were expected in an upcoming Commission document on
these visits, and that the practical modalities would have to be discussed with the
relevant fora, in particular the EFC. Finally, the Council concluded that these mo-
dalities would be made public when the Council regulation is adopted.
The Council welcomes the letter by the Commission to the Council President
providing clarification on the principles and details guiding Eurostat’s methodologi-
cal visits, and assurance that Eurostat will discuss any possible revision with Mem-
ber States and duly take into account their comments if the need for revisions aris-
es.
In the view of the Council, legal obligations of Member States have to be specified.
The Council advises that these legal obligations have a legal nature as well as Euro-
stat new capacity of investigation, so they should be integrated in the draft regula-
tion as an annex. In particular, Member States have to provide specified data lim-
ited to the information strictly necessary to check the compliance with ESA rules.
The Council also suggests for transparency purposes that Member States be con-
sulted on the questionnaires' format, for instance through the CMFB. Furthermore,
along with the Legal Service, the Council advises that it must be defined who are
the statistical authorities concerned by the methodological visits: they are the au-
thorities responsible for the EDP reporting. Furthermore, the Council is of the
opinion that national experts taking part in the methodological visits to Member
States must be nominated by the national authorities responsible for the EDP re-
porting in the experts’ home country.
As the annex has been agreed, the Council endorses the draft Regulation amending
Regulation 3605/93 and foresees a timely adoption of the Regulation with a view to
its application in the next EDP notification.
CMFB
The 7 June 2005 Ecofin conclusions state that the role, areas of competence and
functioning of the CMFB as well as its interaction with Eurostat including the
communication policy of the eventual Eurostat decisions in relation to EDP statis-
tics should be evaluated. Against this background, the Council examined the situa-
tion. The current system based on CMFB consultations has worked satisfactorily
for many years, with the CMFB delivering opinions regularly.
There was a broad majority in favour of keeping the CMFB and not to change the
current set-up of the CMFB as an advisory body. This view is based on the follow-
ing key arguments. Contrary to other areas of statistics, the fundamental objective
of the EDP procedure is to identify, as quickly as possible, a situation of excessive
deficit or debt and to put an end to it, so that Member States can avoid excessive
public deficits. The CMFB provides invaluable expertise advice from Member
States’ NSIs and National Central Banks in a timely manner which allows Eurostat
to react swiftly in contentious cases. The procedures and transparency as well as the
provision of information to the EFC have been constantly developed and stream-
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lined over time. Being an advisory body that uses the expertise of the most experi-
enced European statisticians has the merit that CMFB opinions are seen as purely
technical and not the result of a political agreement. This reinforces the image of
independence of European statistics and the credibility of EDP data. The Council
invites the CMFB to review its procedures and to examine possible areas and ways
of improvements. The Council welcomes in this context the intentions of the
Commission to review its communication policy of Eurostat decisions.
Review of Priorities
Already in June 2004, the Ecofin Council identified the importance of reviewing
statistical priorities and reducing statistical requirements for areas which are now
considered to be of less importance. The Council has returned to the issue of prior-
itisation at several occasions since then, most recently on 7 June 2005 when it asked
for an acceleration of the work on prioritisation.
The Council welcomes the initiatives taken and the progress achieved over the past
year. In particular, it takes note of and endorses the work of the Eurostat Task
Force, which builds upon the three guiding principles for priority setting endorsed
by the Ecofin Council. It should be underlined that reprioritisation is not primarily
about cost cutting, but about reallocating resources to their most effective use. Fur-
thermore, new EU statistical requirements should be accepted only when they are
needed for the implementation of EU policies. The Council believes that it is time
now to focus on putting reprioritisation into practice, and that there are a number
of complementary ways in which this can be achieved. The Council acknowledges
the importance of both a top-down and bottom-up approach to reprioritisation. It
recommends incorporating the work of the Task Force, including the evaluation of
costs, into the forthcoming proposal from the Commission on the multi-annual
statistical programme for 2008-12 and, as a pilot exercise, into the 2007 annual
work programme. It further recommends developing and incorporating other in-
struments and mechanisms of reprioritisation.
Several areas that are not part and parcel of the EMU Action plan have been identi-
fied as negative priorities by national statistical institutes. These include agricultural
statistics, INTRASTAT, Prodcom, structural business statistics and transport statis-
tics. Eurostat in accordance with the Task Force on priority setting is invited to
consider these areas for pilot studies and to report on progress by December 2005
with a view to reach concrete results by July 2006.
The Council also notes the Communication to the European Parliament and the
Council on "Implementing the Community Lisbon Programme: A strategy for the
simplification of the regulatory environment", as adopted by the Commission on 25
October 2005. In this context, it is acknowledged that the reduction of statistics
and data collection deserves particular attention, taking particular account of the
special needs and limited resources of small and medium sized businesses. Fur-
thermore, the Council notes that structural business statistics and INTRASTAT
statistics will be covered by the simplification programme of EU legislation for
2005-2008 proposed by the Commission and is looking forward to examining the
specific proposals. This work should be aligned so as to contribute to the above
mentioned discussions by July 2006. Improved coordination of all initiatives at the
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European level and a better information policy for all stakeholders is vital for the
success of reprioritisation.
Treatment of complex methodological cases with relevance for EDP
Moreover, as a separate element from the above package, the Council discussed the
handling of complex methodological cases with relevance for EDP statistics. There
are established procedures to ensure the correct treatment of individual cases such
as the classification of government transactions and liabilities. In this context, the
Council is of the view that a distinction should be made concerning Eurostat’s and
the CMFB’s views and Eurostat’s decisions on past transactions on
one hand and views concerning transactions that will take place in the future on the
other, notably when the planned transactions will have potentially significant impact
on Council decisions on EDP matters. As to the former, Article 11 of the envis-
aged amendment to Regulation 3605/93 stipulates the procedures to clarify com-
plex cases and in that way provides maximum certainty. As to the latter, timely
views and guidance provided under mutual trust are essential to facilitate effective
fiscal planning and forecasting. The Council invites the Commission to reflect fur-
ther on this issue and will revert to the matter in a later meeting, in particular with a
view to establishing procedural guidelines, including CMFB consultation, for the
delivery of such advice. The objective of this new governance structure should be
to maximise the certainty of the guidance offered to the Member States. This
should also address possible controversial classification issues for actual data.”
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Rådskonklusioner om rådsbeslutning til Ungarn under artikel 104.8
EXCESSIVE DEFICIT PROCEDURE - HUNGARY
“The Council reviewed measures taken by Hungary following the Recommendation
it issued on 8 March 2005 under the EU’s excessive deficit procedure. In this Rec-
ommendation, the Council had invited the Hungarian authorities to put an end to
the present excessive deficit situation as rapidly as possible and to take action in a
medium-term framework as foreseen in the Hungarian Convergence programme
update of December 2004. It had also set a deadline of 8 July 2005 for Hungary to
take effective action regarding the measures envisaged to achieve the revised 2005
deficit target of 3.6% of GDP (including the pension fund contributions) contained
in the December 2004 Convergence Programme update.
While a number of additional measures were taken in March and June, the Council
regrets that the 2005 target referred to in the Council recommendation of March
2005 will be missed by a sizeable margin and that contrary to previous commit-
ments the government decided not to take corrective action. Furthermore, the
Council notes that the 2006 deficit target also referred to in the Council recom-
mendation has been abandoned and even the new much looser target is unlikely to
be met. The Council reiterates its recommendation to Hungary of March 2005 to
make the timing and implementation of tax cuts conditional upon the achievement
of the deficit targets.
The Council is concerned about the situation and outlook for public finances in
Hungary. Without urgent and determined action by the Government, the growing
fiscal imbalances do not only put at risk the credibility of the planned adjustment
path aiming at correcting the excessive deficit by 2008 but also jeopardise the need-
ed improvement in macro-economic imbalances therefore increasing the vulnerabil-
ity of the economy.”
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Formandskabskonklusioner vedr. grænseoverskridende fusioner og
virksomhedsopkøb i den finansielle sektor
CROSS-BORDER CONSOLIDATION IN FINANCIAL SERVICES
“The PRESIDENCY, and all Members of the Council except one:
NOTE the Commission study into the obstacles to cross-border consolida-
tion in the financial services sector and ENCOURAGES further discussion
on these issues in 2006.
SUPPORT the Commission’s on-going review of the existing supervisory
rules in Article 16 of the Codified Banking Directive (2000/12/EC) and in
the corresponding articles of the insurance Directives.
UNDERLINE the importance of fair, transparent and consistent supervi-
sory rules for mergers and acquisitions across EU financial markets and in-
stitutions to enhance the EU’s attractiveness for foreign investment and to
ensure an efficient allocation of capital in the EU. In that respect, conver-
gence of practices and increased co-operation among supervisors should be
promoted.
ENCOURAGE the Commission to:
i.
ii.
provide prudential criteria to improve transparency and result in a
more consistent approach to shareholder control evaluation by su-
pervisory authorities in different Member States;
working with the relevant “level 3” supervisory Committees, base
the consistent approach on a clear procedure for financial institu-
tions and supervisory authorities to follow when assessing qualifying
shareholdings including obligations on transparency and market dis-
closure;
ensure sufficient supervisory co-operation in assessing a proposed
acquisition in an EU cross-border context, reflecting the respective
responsibilities of the competent authorities concerned;
clarify the procedure that should be followed when the proposed
acquirer is from outside the EU.
iii.
iv.
EMPHASISE the need for consistency across financial services sectors in
the prudential rules that apply to mergers and acquisitions.
REQUEST that, in line with better regulation principles, the Commission
undertakes a comprehensive consultation exercise with market participants
and a full impact assessment of this review in advance of any formal pro-
posals to the Council and the European Parliament.”
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Rådskonklusioner om Revisionsrettens særberetning om forvaltnin-
gen af D et Europæiske Kontor for Bekæmpelse af Svig (OLAF)
EUROPEAN COURT OF AUDITORS SPECIAL REPORT
“The Council:
1.
WELCOMES the European Court of Auditors' (ECA) special report con-
cerning the management of the European Anti-Fraud Office, which is part of
the Council request for conducting an external audit of OLAF, dated De-
cember 2003.
RECALLS that OLAF operates within a complex institutional framework,
where numerous actors and authorities are directly or indirectly engaged in
protecting the financial interests of the European Union; attaches great im-
portance to OLAF's independent investigative function in tackling fraud.
SHARES ECA's view that OLAF's hybrid status has brought advantages and
has not affected the independence of its investigative function and that there
is no need to consider amending the Office's status at this stage.
URGES OLAF to ensure an appropriate balance between internal and exter-
nal
investigations; stresses the importance of mobilising its personnel in a more
effective way, particularly as regards the introduction of targeted investiga-
tions in areas where the risk of fraud is considered to be the highest.
AGREES that resources should be refocused on OLAF’s investigative role.
It urges the Office to clarify more precisely the objectives set for the investi-
gators in every case and establish a time-recording system to measure investi-
gators’ workloads. It considers that the Office should also assist the Commis-
sion in legislative follow-up and in the strategy for the protection of EU fi-
nancial interests and that financial follow-up should not be part of OLAF's
remit.
AGREES with the ECA's approach to better defining the role of the Super-
visory Committee while recognising the usefulness of its monitoring of the
implementation of the Office. The Committee should avoid interfering with
the conduct of investigations in progress, and avoid overlaps between its role
and the European Ombudsman.
STRESSES the importance of clarifying the rules on opening, closing and
extending investigations carried out by OLAF; recalls the usefulness of mak-
ing a clear distinction between investigation and assistance.
WELCOMES the fact that, after a transitional setting-up period, the Office
undertook substantial reorganisation measures in November 2003 and intro-
duced a registry and a case management system (CMS).
2.
3.
4.
5.
6.
7.
8.
9.
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10.
SHARES the recommendation of the ECA on the need to shorten the length
of inquiries carried out by OLAF; recommends the Office to establish a tar-
get maximum duration for inquiries and to submit a list concerning follow-up
to the result of investigations based on whether it is of an administrative, dis-
ciplinary or criminal nature to all relevant Institutions and parties.
UNDERLINES the need to guarantee the legality of investigative procedures
and to enhance procedural rights of defence for persons under investigation;
emphasises the need to remedy discrepancies in the protection of persons
under investigation in internal and external investigations; welcomes the pub-
lication by OLAF of its rules of procedure.
INVITES OLAF to establish a system for assessing its results; the develop-
ment and enhancement of performance indicators should make it possible to
evaluate these.
URGES OLAF and Member States to strengthen their cooperation in order
to enhance coordination of their activities in the field of protection of EU fi-
nancial interests and fight against fraud; considers it useful to improve proce-
dures for information exchange to that end; shares ECA's view on the possi-
bility of creating a special structure dedicated to coordination and assistance
operations.
In addition to the views expressed by the Court, CALLS on OLAF, EURO-
JUST and EUROPOL to improve their collaboration and notes with satisfac-
tion that OLAF and EUROJUST have recently started to work together to
co-operate within their respective competences regarding the protection of
the financial interests of the European Union.
INVITES the Commission to regularly report back on the progress made
following these conclusions.
NOTES finally that the Commission intends to present an amended proposal
concerning Regulation N. 1073/1999. The Council will consider this pro-
posal carefully, inter alia in the light of this special report.”
11.
12.
13.
14.
15.
16.