# Official Journal L 241/2010

| | ISSN 1725-2555
  doi:10.3000/17252555.L_2010.241.eng |
| --- | --- |
| Official Journal
  of the European Union | L 241 |
| | |
| English edition | Legislation | Volume 5314 September 2010 |

ISSN 1725-2555

doi:10.3000/17252555.L_2010.241.eng

Official Journal

of the European Union

L 241

English edition

Legislation

Volume 5314 September 2010

---

| Contents | | II   Non-legislative acts | page |
| --- | --- | --- | --- |
| | | REGULATIONS |
| | * | Commission Regulation (EU) No 801/2010 of 13 September 2010 implementing Article 10(3) of Directive 2009/16/EC of the European Parliament and of the Council as regards the flag State criteria (
  1
  ) | 1 |
| | * | Commission Regulation (EU) No 802/2010 of 13 September 2010 implementing Article 10(3) and Article 27 of Directive 2009/16/EC of the European Parliament and of the Council as regards company performance (
  1
  ) | 4 |
| | | Commission Regulation (EU) No 803/2010 of 13 September 2010 establishing the standard import values for determining the entry price of certain fruit and vegetables | 8 |
| | | Commission Regulation (EU) No 804/2010 of 13 September 2010 amending the representative prices and additional import duties for certain products in the sugar sector fixed by Regulation (EC) No 877/2009 for the 2009/10 marketing year | 10 |
| | | DECISIONS |
| | | 2010/486/EU |
| | * | Council Decision of 7 September 2010 amending Decision 2010/320/EU addressed to Greece with a view to reinforcing and deepening fiscal surveillance and giving notice to Greece to take measures for the deficit reduction judged necessary to remedy the situation of excessive deficit | 12 |

Contents

II   Non-legislative acts

page

REGULATIONS

*

Commission Regulation (EU) No 801/2010 of 13 September 2010 implementing Article 10(3) of Directive 2009/16/EC of the European Parliament and of the Council as regards the flag State criteria (
  1
  )

1

1

*

Commission Regulation (EU) No 802/2010 of 13 September 2010 implementing Article 10(3) and Article 27 of Directive 2009/16/EC of the European Parliament and of the Council as regards company performance (
  1
  )

1

4

Commission Regulation (EU) No 803/2010 of 13 September 2010 establishing the standard import values for determining the entry price of certain fruit and vegetables

8

Commission Regulation (EU) No 804/2010 of 13 September 2010 amending the representative prices and additional import duties for certain products in the sugar sector fixed by Regulation (EC) No 877/2009 for the 2009/10 marketing year

10

DECISIONS

2010/486/EU

*

Council Decision of 7 September 2010 amending Decision 2010/320/EU addressed to Greece with a view to reinforcing and deepening fiscal surveillance and giving notice to Greece to take measures for the deficit reduction judged necessary to remedy the situation of excessive deficit

12

| | |
| --- | --- |
| | (1)   Text with EEA relevance |

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(1)   Text with EEA relevance

1

| EN | Acts whose titles are printed in light type are those relating to day-to-day management of agricultural matters, and are generally valid for a limited period.
  The titles of all other Acts are printed in bold type and preceded by an asterisk. |
| --- | --- |

EN

Acts whose titles are printed in light type are those relating to day-to-day management of agricultural matters, and are generally valid for a limited period.

The titles of all other Acts are printed in bold type and preceded by an asterisk.

---

II Non-legislative acts

REGULATIONS

| 14.9.2010 | EN | Official Journal of the European Union | L 241/1 |
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14.9.2010

EN

Official Journal of the European Union

L 241/1

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COMMISSION REGULATION (EU) No 801/2010

of 13 September 2010

implementing Article 10(3) of Directive 2009/16/EC of the European Parliament and of the Council as regards the flag State criteria

(Text with EEA relevance)

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Directive 2009/16/EC of the European Parliament and of the Council of 23 April 2009 on port State control (1), and in particular Article 10(3) thereof,

Whereas:

| (1) | Flag State performance is one of the generic parameters determining the risk profile of ships. |
| --- | --- |

(1)

Flag State performance is one of the generic parameters determining the risk profile of ships.

| (2) | In order to assess the risk profile of a ship, the detention rate within the Union and within the region covered by the Paris Memorandum of Understanding on port State control (Paris MoU) should be taken into account. |
| --- | --- |

(2)

In order to assess the risk profile of a ship, the detention rate within the Union and within the region covered by the Paris Memorandum of Understanding on port State control (Paris MoU) should be taken into account.

| (3) | It is necessary to build upon the expertise acquired through the application of the Paris MoU with regard to the methodology to be used for assessing flag State performance. |
| --- | --- |

(3)

It is necessary to build upon the expertise acquired through the application of the Paris MoU with regard to the methodology to be used for assessing flag State performance.

| (4) | The measures provided for in this Regulation are in accordance with the opinion of the Committee on Safe Seas and the Prevention of Pollution from Ships, |
| --- | --- |

(4)

The measures provided for in this Regulation are in accordance with the opinion of the Committee on Safe Seas and the Prevention of Pollution from Ships,

HAS ADOPTED THIS REGULATION:

Article 1

Categorization of flag States based on the detention rates

1.   With a view to establishing flag State performance within the meaning of Directive 2009/16/EC, flag States shall be classified into black, grey or white lists, adopted in accordance with the Paris MoU on the basis of the total inspections and detentions over a three year period. Additionally, flag States listed in the black list shall be divided into very high, high, medium to high or medium risk depending on their detention rate. The classification shall be updated yearly.

2.   Classification of a flag State into the black, grey or white list requires a minimum of thirty port state control inspections.

3.   The methodology and formulas to be used to categorize the flag States shall comply with the flag State criteria as set out in the Annex.

Article 2

Flag State performance based on the IMO audit

The compliance referred to in point (c) (iii) of Part I.1 of Annex I to Directive 2009/16/EC required for ships to be considered as posing a lower risk, shall be regarded as demonstrated when the Commission receives a written confirmation from the flag State that a final audit report has been completed and where relevant, a corrective action plan submitted. Audits carried out before 17 June 2009 shall be taken into account equally.

Article 3

Entry into force and application

This Regulation shall enter into force on the 20th day following its publication in the Official Journal of the European Union.

Official Journal of the European Union

It shall apply from 1 January 2011.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 13 September 2010.

For the Commission

The President

José Manuel BARROSO

---

(1)  
  OJ L 131, 28.5.2009, p. 57.

1

---

ANNEX

Flag State Criteria

(as referred to in Article 10(3)(a) of Directive 2009/16/EC)

| 1. | Flag State performance shall be calculated using a standard formula for statistical calculations in which certain values are fixed. The black to grey and grey to white limits are defined by the following formulas:








  Where:


  N
  is the number of inspections


  p
  is the allowable detention limit


  z
  is the critical value of the normal distribution (1,645 for certainty level of 95 %) |
| --- | --- |

1.

Formula


  Formula

Where:

N
  is the number of inspections

p
  is the allowable detention limit

z
  is the critical value of the normal distribution (1,645 for certainty level of 95 %)

| 2. | The formulas set out in point 1 shall provide the allowed number of detentions for either the black or the white list. A number of detentions above the black to grey limit means worse than average and is to be subsequently listed under the black list, while a number of detentions below the white to grey limit means better than average and is to be subsequently listed under the white list. When the amount of detentions for a particular flag State is positioned between the two, the flag State shall be listed under the grey list. |
| --- | --- |

2.

| 3. | In order to compare the performance of flag States listed on the black, grey or white lists, the calculation is repeated adjusting p in the formulas set out in Point 1. |
| --- | --- |

3.

| 4. | In order to make flag State performance comparable, the excess factor (EF) shall be used. The EF is an indication of the number of times that p has to be altered and recalculated until the number of detentions for a flag State equals the limits. Any 3 % increment or decrement in p corresponds to one whole EF-point. For flag States categorized in the grey list, the EF shall be calculated using the following formula: |
| --- | --- |

4.

Formula

| 5. | The following EF values shall be considered in order to sort black listed flag States into very high, high, medium to high or medium risk: | EF = 4,01 and more means very high risk |
| --- | --- | --- |

5.

EF = 4,01 and more means very high risk

| | EF = 3,01 to 4,00 means high risk |
| --- | --- |

EF = 3,01 to 4,00 means high risk

| | EF = 2,01 to 3,00 means medium to high risk |
| --- | --- |

EF = 2,01 to 3,00 means medium to high risk

| | EF = 1,01 to 2,00 means medium risk. |
| --- | --- |

EF = 1,01 to 2,00 means medium risk.

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| 14.9.2010 | EN | Official Journal of the European Union | L 241/4 |
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14.9.2010

EN

Official Journal of the European Union

L 241/4

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COMMISSION REGULATION (EU) No 802/2010

of 13 September 2010

implementing Article 10(3) and Article 27 of Directive 2009/16/EC of the European Parliament and of the Council as regards company performance

(Text with EEA relevance)

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Directive 2009/16/EC of the European Parliament and of the Council of 23 April 2009 on port State control (1), and in particular Article 10(3) and Article 27 thereof,

Whereas:

| (1) | Company performance is one of the generic parameters determining the risk profile of a ship. |
| --- | --- |

(1)

Company performance is one of the generic parameters determining the risk profile of a ship.

| (2) | With a view to determining the performance of companies within the meaning of Directive 2009/16/EC, it is necessary that, when inspecting a ship, inspectors record the IMO number assigned to a company. |
| --- | --- |

(2)

With a view to determining the performance of companies within the meaning of Directive 2009/16/EC, it is necessary that, when inspecting a ship, inspectors record the IMO number assigned to a company.

| (3) | In order to assess company performance, the deficiency and detention rates of all ships in a company’s fleet, which have been subject to an inspection within the Union and within the region covered by the Paris Memorandum of Understanding on port State control (Paris MoU), should be taken into account. |
| --- | --- |

(3)

In order to assess company performance, the deficiency and detention rates of all ships in a company’s fleet, which have been subject to an inspection within the Union and within the region covered by the Paris Memorandum of Understanding on port State control (Paris MoU), should be taken into account.

| (4) | It is necessary to build upon the expertise acquired through the application of the Paris MoU with regard to the methodology used for assessing company performance. |
| --- | --- |

(4)

It is necessary to build upon the expertise acquired through the application of the Paris MoU with regard to the methodology used for assessing company performance.

| (5) | The Commission should rely on the European Maritime Safety Agency established by Regulation (EC) No 1406/2002 of the European Parliament and of the Council (2) for the publication on a public website of the list of companies with a low or very low performance. |
| --- | --- |

(5)

The Commission should rely on the European Maritime Safety Agency established by Regulation (EC) No 1406/2002 of the European Parliament and of the Council (2) for the publication on a public website of the list of companies with a low or very low performance.

| (6) | The measures provided for in this Regulation are in accordance with the opinion of the Committee on Safe Seas and the Prevention of Pollution from Ships, |
| --- | --- |

(6)

The measures provided for in this Regulation are in accordance with the opinion of the Committee on Safe Seas and the Prevention of Pollution from Ships,

HAS ADOPTED THIS REGULATION:

Article 1

Identification of companies

Member States shall ensure that the company as defined in Article 2(18) of Directive 2009/16/EC is identified through the IMO number where the ship has to comply with the International Safety Management Code (ISM Code) as referred to in Chapter IX of the International Convention for the Safety of Life at Sea (SOLAS Convention).

Article 2

Criteria for assessing the company performance

1.   With a view to assessing the company performance referred to in point (e) of Part I.1 of Annex I to Directive 2009/16/EC, the criteria set out in the Annex to this Regulation shall be used.

2.   The level of company performance shall be updated daily and calculated on the basis of the 36 months preceding the assessment. For that purpose the calculation shall be made on the basis of data collected from 17 June 2009. Where less than 36 months have elapsed since 17 June 2009, the calculation shall be made on the basis of the available data.

3.   The companies shall be ranked as having a very low, low, medium or high performance as listed in point 3 of the Annex.

Article 3

Publication of lists of companies with a low and very low performance

1.   The Commission shall be assisted by the European Maritime Safety Agency (EMSA) with a view to the regular publication on a public website of information on companies with a low and very low performance in accordance with Article 27 of Directive 2009/16/EC.

2.   EMSA shall publish and update on a daily basis on its public website the following information:

| (a) | the list of companies whose performance during the previous 36 months has been very low, for a period of at least 3 months on a continuous basis; |
| --- | --- |

(a)

the list of companies whose performance during the previous 36 months has been very low, for a period of at least 3 months on a continuous basis;

| (b) | the list of companies whose performance during the previous 36 months has been low or very low, for a period of at least 3 months on a continuous basis; |
| --- | --- |

(b)

the list of companies whose performance during the previous 36 months has been low or very low, for a period of at least 3 months on a continuous basis;

| (c) | the list of companies whose performance during the previous 36 months has been low for a period of at least 6 months on a continuous basis. |
| --- | --- |

(c)

the list of companies whose performance during the previous 36 months has been low for a period of at least 6 months on a continuous basis.

Article 4

Entry into force and application

This Regulation shall enter into force on the 20th day following its publication in the Official Journal of the European Union.

Official Journal of the European Union

It shall apply from 1 January 2011.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 13 September 2010.

For the Commission

The President

José Manuel BARROSO

---

(1)  
  OJ L 131, 28.5.2009, p. 57.

1

(2)  
  OJ L 208, 5.8.2002, p. 1.

2

---

ANNEX

COMPANY PERFORMANCE CRITERIA

(referred to in Article 10(3) of Directive 2009/16/EC)

1.   Detention index of a company

The detention index is the ratio of the number of detentions of all ships in a company’s fleet to the number of inspections of all the ships in the company’s fleet within the previous 36 months, compared with the average detention ratio for all ships inspected in the region covered by the Paris MoU over the previous 36 months.

The detention index shall be considered average if it is within a margin of 2 percentage points above or below the average detention ratio for all ships inspected in the region covered by the Paris MoU during the previous 36 months.

The detention index shall be considered above average if it is more than 2 percentage points above the average detention ratio for all ships inspected in the region covered by the Paris MoU during the previous 36 months.

The detention index shall be considered below average if it is more than 2 percentage points below the average detention ratio for all ships inspected in the region covered by the Paris MoU during the previous 36 months.

The detention index of a company shall be considered above average irrespective of all other inspection results if a refusal of access order in accordance with Directive 2009/16/EC is issued within the previous 36 months to any ship in the fleet of that company.

2.   Deficiency index of a company

The deficiency index is the ratio of the total points of all deficiencies of all ships in a company’s fleet to the number of inspections of all ships in the company’s fleet during the previous 36 months, compared with the average deficiency ratio for all ships inspected in the region covered by the Paris MoU over the previous 36 months.

For the purposes of the first subparagraph ISM Code related deficiencies shall be weighted at 5 points while any other deficiencies shall be weighted at 1 point. The average deficiency ratio within the region covered by the Paris MoU shall be weighted taking into account the average occurrence of ISM Code related deficiencies and any other deficiencies per inspection.

The deficiency index shall be considered average if it is within a margin of 2 percentage points above or below the weighted average of deficiencies in the region covered by the Paris MoU during the previous 36 months.

The deficiency index shall be considered above average if it is more than 2 percentage points above the weighted average of deficiencies in the region covered by the Paris MoU during the previous 36 months.

The deficiency index shall be considered below average if it is more than 2 percentage points below the weighted average of deficiencies in the region covered by the Paris MoU during the previous 36 months.

3.   Company performance matrix

Company performance shall be ranked as follows:

| Detention index | Deficiency index | Company performance |
| --- | --- | --- |
| above average | above average | very low |
| above average | average | low |
| above average | below average |
| average | above average |
| below average | above average |
| average | average | medium |
| average | below average |
| below average | average |
| below average | below average | high |

Detention index

Deficiency index

Company performance

above average

above average

very low

above average

average

low

above average

below average

average

above average

below average

above average

average

average

medium

average

below average

below average

average

below average

below average

high

However, if a company has no previous records of inspections carried on its fleet or is not required to have an IMO number, it shall be considered as having medium performance.

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| 14.9.2010 | EN | Official Journal of the European Union | L 241/8 |
| --- | --- | --- | --- |

14.9.2010

EN

Official Journal of the European Union

L 241/8

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COMMISSION REGULATION (EU) No 803/2010

of 13 September 2010

establishing the standard import values for determining the entry price of certain fruit and vegetables

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) (1),

Having regard to Commission Regulation (EC) No 1580/2007 of 21 December 2007 laying down implementing rules for Council Regulations (EC) No 2200/96, (EC) No 2201/96 and (EC) No 1182/2007 in the fruit and vegetable sector (2), and in particular Article 138(1) thereof,

Whereas:

Regulation (EC) No 1580/2007 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 XV, Part A thereto,

HAS ADOPTED THIS REGULATION:

Article 1

The standard import values referred to in Article 138 of Regulation (EC) No 1580/2007 are fixed in the Annex hereto.

Article 2

This Regulation shall enter into force on 14 September 2010.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 13 September 2010.

For the Commission, On behalf of the President,

Jean-Luc DEMARTY

Director-General for Agriculture and Rural Development

---

(1)  
  OJ L 299, 16.11.2007, p. 1.

1

(2)  
  OJ L 350, 31.12.2007, p. 1.

2

---

ANNEX

Standard import values for determining the entry price of certain fruit and vegetables

| (EUR/100 kg) |
| --- |
| CN code | Third country code (1) | Standard import value |
| 0702 00 00 | MK | 61,0 |
| XS | 45,6 |
| ZZ | 53,3 |
| 0707 00 05 | MK | 55,0 |
| TR | 144,2 |
| ZZ | 99,6 |
| 0709 90 70 | TR | 114,3 |
| ZZ | 114,3 |
| 0805 50 10 | AR | 93,1 |
| BR | 122,7 |
| CL | 128,4 |
| IL | 141,4 |
| TR | 146,0 |
| UY | 133,6 |
| ZA | 117,2 |
| ZZ | 126,1 |
| 0806 10 10 | EG | 148,1 |
| IL | 122,3 |
| TR | 111,5 |
| ZA | 92,1 |
| ZZ | 118,5 |
| 0808 10 80 | AR | 100,8 |
| BR | 70,5 |
| CL | 95,9 |
| CN | 56,6 |
| NZ | 110,7 |
| US | 87,4 |
| ZA | 84,5 |
| ZZ | 86,6 |
| 0808 20 50 | AR | 80,1 |
| CL | 150,5 |
| CN | 69,9 |
| ZA | 82,6 |
| ZZ | 95,8 |
| 0809 30 | AR | 55,2 |
| TR | 152,2 |
| ZZ | 103,7 |
| 0809 40 05 | BA | 54,7 |
| IL | 165,3 |
| XS | 52,3 |
| ZZ | 90,8 |

(EUR/100 kg)

CN code

Third country code (1)

Standard import value

0702 00 00

MK

61,0

XS

45,6

ZZ

53,3

0707 00 05

MK

55,0

TR

144,2

ZZ

99,6

0709 90 70

TR

114,3

ZZ

114,3

0805 50 10

AR

93,1

BR

122,7

CL

128,4

IL

141,4

TR

146,0

UY

133,6

ZA

117,2

ZZ

126,1

0806 10 10

EG

148,1

IL

122,3

TR

111,5

ZA

92,1

ZZ

118,5

0808 10 80

AR

100,8

BR

70,5

CL

95,9

CN

56,6

NZ

110,7

US

87,4

ZA

84,5

ZZ

86,6

0808 20 50

AR

80,1

CL

150,5

CN

69,9

ZA

82,6

ZZ

95,8

0809 30

AR

55,2

TR

152,2

ZZ

103,7

0809 40 05

BA

54,7

IL

165,3

XS

52,3

ZZ

90,8

---

(1)  Nomenclature of countries laid down by Commission Regulation (EC) No 1833/2006 (OJ L 354, 14.12.2006, p. 19). Code ‘
  ZZ
  ’ stands for ‘of other origin’.

---

| 14.9.2010 | EN | Official Journal of the European Union | L 241/10 |
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14.9.2010

EN

Official Journal of the European Union

L 241/10

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COMMISSION REGULATION (EU) No 804/2010

of 13 September 2010

amending the representative prices and additional import duties for certain products in the sugar sector fixed by Regulation (EC) No 877/2009 for the 2009/10 marketing year

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (single CMO Regulation) (1),

Having regard to Commission Regulation (EC) No 951/2006 of 30 June 2006 laying down detailed rules for the implementation of Council Regulation (EC) No 318/2006 as regards trade with third countries in the sugar sector (2), and in particular Article 36(2), second subparagraph, second sentence thereof,

Whereas:

| (1) | The representative prices and additional duties applicable to imports of white sugar, raw sugar and certain syrups for the 2009/10 marketing year are fixed by Commission Regulation (EC) No 877/2009 (3). These prices and duties have been last amended by Commission Regulation (EU) No 800/2010 (4). |
| --- | --- |

(1)

The representative prices and additional duties applicable to imports of white sugar, raw sugar and certain syrups for the 2009/10 marketing year are fixed by Commission Regulation (EC) No 877/2009 (3). These prices and duties have been last amended by Commission Regulation (EU) No 800/2010 (4).

| (2) | The data currently available to the Commission indicate that those amounts should be amended in accordance with the rules and procedures laid down in Regulation (EC) No 951/2006, |
| --- | --- |

(2)

The data currently available to the Commission indicate that those amounts should be amended in accordance with the rules and procedures laid down in Regulation (EC) No 951/2006,

HAS ADOPTED THIS REGULATION:

Article 1

The representative prices and additional duties applicable to imports of the products referred to in Article 36 of Regulation (EC) No 951/2006, as fixed by Regulation (EC) No 877/2009 for the 2009/10, marketing year, are hereby amended as set out in the Annex hereto.

Article 2

This Regulation shall enter into force on 14 September 2010.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 13 September 2010.

For the Commission, On behalf of the President,

Jean-Luc DEMARTY

Director-General for Agriculture and Rural Development

---

(1)  
  OJ L 299, 16.11.2007, p. 1.

1

(2)  
  OJ L 178, 1.7.2006, p. 24.

2

(3)  
  OJ L 253, 25.9.2009, p. 3.

3

(4)  
  OJ L 240, 11.9.2010, p. 3.

4

---

ANNEX

Amended representative prices and additional import duties applicable to white sugar, raw sugar and products covered by CN code 1702 90 95 from 14 September 2010

| (EUR) |
| --- |
| CN code | Representative price per 100 kg net of the product concerned | Additional duty per 100 kg net of the product concerned |
| 1701 11 10  (1) | 54,18 | 0,00 |
| 1701 11 90  (1) | 54,18 | 0,00 |
| 1701 12 10  (1) | 54,18 | 0,00 |
| 1701 12 90  (1) | 54,18 | 0,00 |
| 1701 91 00  (2) | 49,99 | 2,47 |
| 1701 99 10  (2) | 49,99 | 0,00 |
| 1701 99 90  (2) | 49,99 | 0,00 |
| 1702 90 95  (3) | 0,50 | 0,22 |

(EUR)

CN code

Representative price per 100 kg net of the product concerned

Additional duty per 100 kg net of the product concerned

1701 11 10  (1)

54,18

0,00

1701 11 90  (1)

54,18

0,00

1701 12 10  (1)

54,18

0,00

1701 12 90  (1)

54,18

0,00

1701 91 00  (2)

49,99

2,47

1701 99 10  (2)

49,99

0,00

1701 99 90  (2)

49,99

0,00

1702 90 95  (3)

0,50

0,22

---

(1)  For the standard quality defined in point III of Annex IV to Regulation (EC) No 1234/2007.

(2)  For the standard quality defined in point II of Annex IV to Regulation (EC) No 1234/2007.

(3)  Per 1 % sucrose content.

---

DECISIONS

| 14.9.2010 | EN | Official Journal of the European Union | L 241/12 |
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14.9.2010

EN

Official Journal of the European Union

L 241/12

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COUNCIL DECISION

of 7 September 2010

amending Decision 2010/320/EU addressed to Greece with a view to reinforcing and deepening fiscal surveillance and giving notice to Greece to take measures for the deficit reduction judged necessary to remedy the situation of excessive deficit

(2010/486/EU)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union (TFEU), and in particular Article 126(9) and Article 136 thereof,

Having regard to the recommendation from the European Commission,

Whereas:

| (1) | Article 136(1)(a) TFEU foresees the possibility of adopting measures specific to the Member States whose currency is the euro with a view to strengthening the coordination and surveillance of their budgetary discipline. |
| --- | --- |

(1)

Article 136(1)(a) TFEU foresees the possibility of adopting measures specific to the Member States whose currency is the euro with a view to strengthening the coordination and surveillance of their budgetary discipline.

| (2) | Article 126 TFEU establishes that Member States are to avoid excessive government deficits and sets out the excessive deficit procedure to that effect. The Stability and Growth Pact, which in its corrective arm implements the excessive deficit procedure, provides the framework supporting government policies for a prompt return to sound budgetary positions taking account of the economic situation. |
| --- | --- |

(2)

Article 126 TFEU establishes that Member States are to avoid excessive government deficits and sets out the excessive deficit procedure to that effect. The Stability and Growth Pact, which in its corrective arm implements the excessive deficit procedure, provides the framework supporting government policies for a prompt return to sound budgetary positions taking account of the economic situation.

| (3) | On 27 April 2009, the Council decided, in accordance with Article 104(6) of the Treaty establishing the European Community that an excessive deficit existed in Greece. |
| --- | --- |

(3)

On 27 April 2009, the Council decided, in accordance with Article 104(6) of the Treaty establishing the European Community that an excessive deficit existed in Greece.

| (4) | On 10 May 2010, the Council adopted Decision 2010/320/EU addressed to Greece with a view to reinforcing and deepening fiscal surveillance and giving notice to Greece to take measures for the deficit reduction judged necessary to remedy the situation of excessive deficit (1) (hereinafter ‘the Decision’). The Decision established the deadline of 2014 at the latest for Greece to comply therewith. The Council established the following path for the deficit correction: government deficits not exceeding 8 % of GDP in 2010, 7,6 % of GDP in 2011, 6,5 % of GDP in 2012, 4,9 % of GDP in 2013, and 2,6 % of GDP in 2014. |
| --- | --- |

(4)

On 10 May 2010, the Council adopted Decision 2010/320/EU addressed to Greece with a view to reinforcing and deepening fiscal surveillance and giving notice to Greece to take measures for the deficit reduction judged necessary to remedy the situation of excessive deficit (1) (hereinafter ‘the Decision’). The Decision established the deadline of 2014 at the latest for Greece to comply therewith. The Council established the following path for the deficit correction: government deficits not exceeding 8 % of GDP in 2010, 7,6 % of GDP in 2011, 6,5 % of GDP in 2012, 4,9 % of GDP in 2013, and 2,6 % of GDP in 2014.

| (5) | According to the forecast available at the time the Council adopted the Decision, real GDP was expected to contract by 4 % in 2010 and 2,6 % in 2011, and recover afterwards, with growth rates of 1,1 % in 2012, and 2,1 % in 2013 and 2014. GDP deflator was expected to be 1,2 %, – 0,5 %, 1,0 %, 0,7 % and 1,0 % from 2010 to 2014, respectively. Given economic developments in the meantime, the aforementioned real GDP growth rates remain a central scenario with balanced upside and downside risks, while the deflator is now forecast to be substantially higher for the initial years: 31⁄2 %, 11⁄4 % and 1⁄2 % from 2010 to 2012. |
| --- | --- |

(5)

According to the forecast available at the time the Council adopted the Decision, real GDP was expected to contract by 4 % in 2010 and 2,6 % in 2011, and recover afterwards, with growth rates of 1,1 % in 2012, and 2,1 % in 2013 and 2014. GDP deflator was expected to be 1,2 %, – 0,5 %, 1,0 %, 0,7 % and 1,0 % from 2010 to 2014, respectively. Given economic developments in the meantime, the aforementioned real GDP growth rates remain a central scenario with balanced upside and downside risks, while the deflator is now forecast to be substantially higher for the initial years: 31⁄2 %, 11⁄4 % and 1⁄2 % from 2010 to 2012.

| (6) | Greece has made good progress in the implementation of the measures required by the Decision. In several areas, measures have been taken in advance of the requirements. This has been the case, in particular, in the field of pension reform, reform of local administration and publication of monthly data on state revenue and expenditure. However, a number of adjustments are still necessary in each of these areas. |
| --- | --- |

(6)

Greece has made good progress in the implementation of the measures required by the Decision. In several areas, measures have been taken in advance of the requirements. This has been the case, in particular, in the field of pension reform, reform of local administration and publication of monthly data on state revenue and expenditure. However, a number of adjustments are still necessary in each of these areas.

| (7) | On 6 August 2010, Greece submitted to the Council and the Commission a report outlining the policy measures taken to comply with the Decision. The Commission assessed the report and concluded that Greece is satisfactorily complying with the Decision. |
| --- | --- |

(7)

On 6 August 2010, Greece submitted to the Council and the Commission a report outlining the policy measures taken to comply with the Decision. The Commission assessed the report and concluded that Greece is satisfactorily complying with the Decision.

| (8) | In the light of the above considerations, it appears appropriate to revise the Decision in a number of respects, while keeping unchanged the deadline for the correction of the excessive deficit and the respective adjustment path for the deficit and government debt, |
| --- | --- |

(8)

In the light of the above considerations, it appears appropriate to revise the Decision in a number of respects, while keeping unchanged the deadline for the correction of the excessive deficit and the respective adjustment path for the deficit and government debt,

HAS ADOPTED THIS DECISION:

Article 1

Decision 2010/320/EU is amended as follows:

| 1. | in Article 2(2), point (a) is replaced by the following:






  ‘(a) | fiscal consolidation measures amounting to at least 3,2 % of GDP (4,3 % of GDP if carryovers from measures implemented in 2010 are considered) to be included in the draft budget for 2011: a reduction in intermediate consumption of the general government by at least EUR 300 million compared to the 2010 level (on top of savings stemming from the reform of public administration and of local government referred to in this paragraph); a freeze in the indexation of pensions (with the aim of saving EUR 100 million); a temporary crisis levy on highly profitable firms (yielding at least EUR 600 million in additional revenue per year in 2011, 2012 and 2013); a presumptive taxation of professionals (with a yield of at least EUR 400 million in 2011 and increasing returns by at least EUR 100 million per year in 2012 and 2013); a broadening of the VAT base by including certain services currently exempted and by moving 30 % of goods and services from the reduced rate to the main rate (with a yield of EUR 1 billion); a phased-in green tax on CO2 emissions (with a yield of at least EUR 300 million in 2011); the implementation by the Government of the legislation reforming the public administration and a reorganisation of local government (with the aim of reducing costs by at least EUR 500 million in 2011, and additional EUR 500 million in each year 2012 and 2013); a reduction in domestically-financed investments (by at least EUR 500 million) by giving priority to investment projects financed by EU structural funds, incentives to regularise land-use violations (yielding at least EUR 1 500 million from 2011 to 2013, of which at least EUR 500 million in 2011); a collection of revenue from the licensing of gaming (at least EUR 500 million in sales of licences and EUR 200 million in annual royalties); an expansion of the base of the real estate tax by updating asset values (to yield at least EUR 400 million additional revenue); an increased taxation of wages in kind, including by taxing car lease payments (by at least EUR 150 million); an increased taxation of luxury goods (by at least EUR 100 million); a special tax on unauthorised establishments (to yield at least EUR 800 million per year) and a replacement of only 20 % of retiring employees in the public sector (central government, local governments, social security funds, public companies, state agencies and other public institutions). Measures yielding comparable budgetary savings may be considered after consultation with the Commission;’; |
| --- | --- | --- |

1.

in Article 2(2), point (a) is replaced by the following:

‘(a)

fiscal consolidation measures amounting to at least 3,2 % of GDP (4,3 % of GDP if carryovers from measures implemented in 2010 are considered) to be included in the draft budget for 2011: a reduction in intermediate consumption of the general government by at least EUR 300 million compared to the 2010 level (on top of savings stemming from the reform of public administration and of local government referred to in this paragraph); a freeze in the indexation of pensions (with the aim of saving EUR 100 million); a temporary crisis levy on highly profitable firms (yielding at least EUR 600 million in additional revenue per year in 2011, 2012 and 2013); a presumptive taxation of professionals (with a yield of at least EUR 400 million in 2011 and increasing returns by at least EUR 100 million per year in 2012 and 2013); a broadening of the VAT base by including certain services currently exempted and by moving 30 % of goods and services from the reduced rate to the main rate (with a yield of EUR 1 billion); a phased-in green tax on CO2 emissions (with a yield of at least EUR 300 million in 2011); the implementation by the Government of the legislation reforming the public administration and a reorganisation of local government (with the aim of reducing costs by at least EUR 500 million in 2011, and additional EUR 500 million in each year 2012 and 2013); a reduction in domestically-financed investments (by at least EUR 500 million) by giving priority to investment projects financed by EU structural funds, incentives to regularise land-use violations (yielding at least EUR 1 500 million from 2011 to 2013, of which at least EUR 500 million in 2011); a collection of revenue from the licensing of gaming (at least EUR 500 million in sales of licences and EUR 200 million in annual royalties); an expansion of the base of the real estate tax by updating asset values (to yield at least EUR 400 million additional revenue); an increased taxation of wages in kind, including by taxing car lease payments (by at least EUR 150 million); an increased taxation of luxury goods (by at least EUR 100 million); a special tax on unauthorised establishments (to yield at least EUR 800 million per year) and a replacement of only 20 % of retiring employees in the public sector (central government, local governments, social security funds, public companies, state agencies and other public institutions). Measures yielding comparable budgetary savings may be considered after consultation with the Commission;’;

| 2. | in Article 2(2), point (b) is deleted; |
| --- | --- |

2.

in Article 2(2), point (b) is deleted;

| 3. | in Article 2(2), point (f) is replaced by the following:






  ‘(f) | the launch of independent reviews of central administration and of existing social programmes;’; |
| --- | --- | --- |

3.

in Article 2(2), point (f) is replaced by the following:

‘(f)

the launch of independent reviews of central administration and of existing social programmes;’;

| 4. | in Article 2(2), the following points are added:






  ‘(j) | the establishment of a comprehensive central registry for public enterprises; |
| --- | --- | --- |

4.

in Article 2(2), the following points are added:

‘(j)

the establishment of a comprehensive central registry for public enterprises;

| (k) | an action plan with a timetable for concrete actions leading to the creation of a central procurement authority; |
| --- | --- |

(k)

an action plan with a timetable for concrete actions leading to the creation of a central procurement authority;

| (l) | an act establishing an upper limit of EUR 50 million for the annual public service obligation contribution from the general government to railway operators for the period 2011-2013 and establishing the principle that the State provides no additional explicit or implicit support to railway operators; |
| --- | --- |

(l)

an act establishing an upper limit of EUR 50 million for the annual public service obligation contribution from the general government to railway operators for the period 2011-2013 and establishing the principle that the State provides no additional explicit or implicit support to railway operators;

| (m) | a business plan for the Greek railways. The business plan specifies how operational activities will be made profitable, including covering depreciation costs, as from 2011, including by closing loss-making lines, by increasing tariffs and by reducing wages and staffing; provides a detailed sensitivity analysis on the implication for wage costs of various scenarios for the outcome of collective agreement and provides information on several options concerning staff; and provides for the restructuring of the holding company, including the sale of land and other assets;’; |
| --- | --- |

(m)

a business plan for the Greek railways. The business plan specifies how operational activities will be made profitable, including covering depreciation costs, as from 2011, including by closing loss-making lines, by increasing tariffs and by reducing wages and staffing; provides a detailed sensitivity analysis on the implication for wage costs of various scenarios for the outcome of collective agreement and provides information on several options concerning staff; and provides for the restructuring of the holding company, including the sale of land and other assets;’;

| 5. | in Article 2(2), a new point (n) is added, with the wording of point (c) of Article 2(3); |
| --- | --- |

5.

in Article 2(2), a new point (n) is added, with the wording of point (c) of Article 2(3);

| 6. | in Article 2(2), the following points are added:






  ‘(o) | a reform of employment protection legislation to extend the probationary period for new jobs to one year, and to facilitate greater use of temporary contracts and part-time work; |
| --- | --- | --- |

6.

in Article 2(2), the following points are added:

‘(o)

a reform of employment protection legislation to extend the probationary period for new jobs to one year, and to facilitate greater use of temporary contracts and part-time work;

| (p) | an amendment of the regulation of the arbitration system to allow each of the parties to resort to arbitration if they disagree with the proposal of the mediator; |
| --- | --- |

(p)

an amendment of the regulation of the arbitration system to allow each of the parties to resort to arbitration if they disagree with the proposal of the mediator;

| (q) | a reform of the arbitration procedure to ensure that it operates according to transparent objective criteria, with an independent committee of arbitrators with decision making capacity free from government influence.’; |
| --- | --- |

(q)

a reform of the arbitration procedure to ensure that it operates according to transparent objective criteria, with an independent committee of arbitrators with decision making capacity free from government influence.’;

| 7. | in Article 2(3), point (a) is replaced by the following:






  ‘(a) | the final adoption of the measures referred to in paragraph 2(a);’; |
| --- | --- | --- |

7.

in Article 2(3), point (a) is replaced by the following:

‘(a)

the final adoption of the measures referred to in paragraph 2(a);’;

| 8. | in Article 2(3), point (c) shall become point (n) of Article 2(2); |
| --- | --- |

8.

in Article 2(3), point (c) shall become point (n) of Article 2(2);

| 9. | in Article 2(3), points (d), (e) and (h) are deleted; |
| --- | --- |

9.

in Article 2(3), points (d), (e) and (h) are deleted;

| 10. | in Article 2(3), the following points are added:






  ‘(m) | an act disallowing local governments to run deficits at least until 2014; |
| --- | --- | --- |

10.

in Article 2(3), the following points are added:

‘(m)

an act disallowing local governments to run deficits at least until 2014;

| (n) | publication of interim long-term projections of pension expenditure up to 2060 as set out in the July 2010 legislative reform covering the main pension schemes (IKA, including the pension scheme for civil servants, OGA and OAEE); |
| --- | --- |

(n)

publication of interim long-term projections of pension expenditure up to 2060 as set out in the July 2010 legislative reform covering the main pension schemes (IKA, including the pension scheme for civil servants, OGA and OAEE);

| (o) | the seeking of technical assistance from international experts on the several aspects of the efficiency and effectiveness of the health system and management of hospitals, aiming at enhancing efficiency and reducing waste; |
| --- | --- |

(o)

the seeking of technical assistance from international experts on the several aspects of the efficiency and effectiveness of the health system and management of hospitals, aiming at enhancing efficiency and reducing waste;

| (p) | the enforcement of the payment of EUR 3 for regular outpatient services in public hospitals.’; |
| --- | --- |

(p)

the enforcement of the payment of EUR 3 for regular outpatient services in public hospitals.’;

| 11. | in Article 2(4), the following point is added:






  ‘(b) | publication of comprehensive long-term projections of pension expenditure up to 2060 as set out in the July 2010 legislative reform. The projections shall encompass the supplementary (auxiliary) schemes, based on a comprehensive set of data collected and elaborated by the National Actuarial Authority. The projections shall be peer-reviewed and validated by the Economic Policy Committee.’; |
| --- | --- | --- |

11.

in Article 2(4), the following point is added:

‘(b)

publication of comprehensive long-term projections of pension expenditure up to 2060 as set out in the July 2010 legislative reform. The projections shall encompass the supplementary (auxiliary) schemes, based on a comprehensive set of data collected and elaborated by the National Actuarial Authority. The projections shall be peer-reviewed and validated by the Economic Policy Committee.’;

| 12. | in Article 2(5), point (b) is replaced by the following:






  ‘(b) | measures implementing the conclusions of first phase of the independent functional reviews of central administration and social programmes;’; |
| --- | --- | --- |

12.

in Article 2(5), point (b) is replaced by the following:

‘(b)

measures implementing the conclusions of first phase of the independent functional reviews of central administration and social programmes;’;

| 13. | in Article 2(5), the following points are added:






  ‘(d) | an act revising the main parameters of the pension system in order to limit the increase in public sector spending on pensions over the period 2010-2060 to less than 2,5 % of GDP, if the long-term projections provided by paragraph 3(n) and paragraph 4(b) show that the projected increase in public pension expenditure would exceed this amount; |
| --- | --- | --- |

13.

in Article 2(5), the following points are added:

‘(d)

an act revising the main parameters of the pension system in order to limit the increase in public sector spending on pensions over the period 2010-2060 to less than 2,5 % of GDP, if the long-term projections provided by paragraph 3(n) and paragraph 4(b) show that the projected increase in public pension expenditure would exceed this amount;

| (e) | a revision of the functioning of supplementary/auxiliary public pension schemes with the aim of stabilising expenditure and guarantee the budgetary neutrality of those schemes; |
| --- | --- |

(e)

a revision of the functioning of supplementary/auxiliary public pension schemes with the aim of stabilising expenditure and guarantee the budgetary neutrality of those schemes;

| (f) | a revision of the list of heavy and arduous professions to reduce its coverage to no more than 10 % of the labour force; the new list of difficult and hazardous occupations shall apply with effect from 1 July 2011 to all current and future employees; |
| --- | --- |

(f)

a revision of the list of heavy and arduous professions to reduce its coverage to no more than 10 % of the labour force; the new list of difficult and hazardous occupations shall apply with effect from 1 July 2011 to all current and future employees;

| (g) | implementation of the reform of the public procurement system, as defined in the action plan.’; |
| --- | --- |

(g)

implementation of the reform of the public procurement system, as defined in the action plan.’;

| 14. | in Article 2(7), the following point is added:






  ‘(c) | measures implementing the conclusions of second phase of the independent functional reviews of central administration and social programmes.’; |
| --- | --- | --- |

14.

in Article 2(7), the following point is added:

‘(c)

measures implementing the conclusions of second phase of the independent functional reviews of central administration and social programmes.’;

| 15. | in Article 4(2), point (g) is replaced by the following:






  ‘(g) | government expenditure pending payment, specifying those past due date;’. |
| --- | --- | --- |

15.

in Article 4(2), point (g) is replaced by the following:

‘(g)

government expenditure pending payment, specifying those past due date;’.

Article 2

This Decision shall take effect on the day of its notification.

Article 3

This Decision is addressed to the Hellenic Republic.

Done at Brussels, 7 September 2010.

For the Council

The President

D. REYNDERS

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(1)  
  OJ L 145, 11.6.2010, p. 6.

1

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