# Official Journal C 62/2009

| | ISSN 1725-2423 |
| --- | --- |
| Official Journal
  of the European Union | C 62 |
| | |
| English edition | Information and Notices | Volume 5217 March 2009 |

ISSN 1725-2423

Official Journal

of the European Union

C 62

English edition

Information and Notices

Volume 5217 March 2009

---

| Notice No | Contents | page |
| --- | --- | --- |
| | I   Resolutions, recommendations and opinions |
| | OPINIONS |
| | Council |
| 2009/C 062/01 | Council opinion of 10 March 2009 on the updated convergence programme of Bulgaria, 2008-2011 | 1 |
| 2009/C 062/02 | Council opinion of 10 March 2009 on the updated convergence programme of the Czech Republic, 2008-2011 | 6 |

Notice No

Contents

page

I   Resolutions, recommendations and opinions

OPINIONS

Council

2009/C 062/01

Council opinion of 10 March 2009 on the updated convergence programme of Bulgaria, 2008-2011

1

2009/C 062/02

Council opinion of 10 March 2009 on the updated convergence programme of the Czech Republic, 2008-2011

6

| | II   Information |
| --- | --- |
| | INFORMATION FROM EUROPEAN UNION INSTITUTIONS AND BODIES |
| | Commission |
| 2009/C 062/03 | Authorisation for State aid pursuant to Articles 87 and 88 of the EC Treaty — Cases where the Commission raises no objections (
  1
  ) | 11 |
| 2009/C 062/04 | Non-opposition to a notified concentration (Case COMP/M.5409 — Strabag/Kemna/Wellmann) (
  1
  ) | 15 |

II   Information

INFORMATION FROM EUROPEAN UNION INSTITUTIONS AND BODIES

Commission

2009/C 062/03

Authorisation for State aid pursuant to Articles 87 and 88 of the EC Treaty — Cases where the Commission raises no objections (
  1
  )

1

11

2009/C 062/04

Non-opposition to a notified concentration (Case COMP/M.5409 — Strabag/Kemna/Wellmann) (
  1
  )

1

15

| | IV   Notices |
| --- | --- |
| | NOTICES FROM EUROPEAN UNION INSTITUTIONS AND BODIES |
| | Council |
| 2009/C 062/05 | Council conclusions of 27 November 2008 on a concerted work strategy and practical measures against cybercrime | 16 |
| | Commission |
| 2009/C 062/06 | Euro exchange rates | 19 |

IV   Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS AND BODIES

Council

2009/C 062/05

Council conclusions of 27 November 2008 on a concerted work strategy and practical measures against cybercrime

16

Commission

2009/C 062/06

Euro exchange rates

19

| | V   Announcements |
| --- | --- |
| | PROCEDURES RELATING TO THE IMPLEMENTATION OF THE COMMON COMMERCIAL POLICY |
| | Commission |
| 2009/C 062/07 | Notice concerning preferential agreements providing for diagonal cumulation of origin between the Community, Western Balkan countries and Turkey | 20 |
| | PROCEDURES RELATING TO THE IMPLEMENTATION OF THE COMPETITION POLICY |
| | Commission |
| 2009/C 062/08 | Prior notification of a concentration (Case COMP/M.5494 — Enel/Endesa) — Candidate case for simplified procedure (
  1
  ) | 22 |
| | OTHER ACTS |
| | Commission |
| 2009/C 062/09 | Notice concerning a request in accordance with Article 30 of Directive 2004/17/EC — Deadline extension — Request from a contracting entity | 23 |

V   Announcements

PROCEDURES RELATING TO THE IMPLEMENTATION OF THE COMMON COMMERCIAL POLICY

Commission

2009/C 062/07

Notice concerning preferential agreements providing for diagonal cumulation of origin between the Community, Western Balkan countries and Turkey

20

PROCEDURES RELATING TO THE IMPLEMENTATION OF THE COMPETITION POLICY

Commission

2009/C 062/08

Prior notification of a concentration (Case COMP/M.5494 — Enel/Endesa) — Candidate case for simplified procedure (
  1
  )

1

22

OTHER ACTS

Commission

2009/C 062/09

Notice concerning a request in accordance with Article 30 of Directive 2004/17/EC — Deadline extension — Request from a contracting entity

23

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

---

(1)   Text with EEA relevance

1

| EN | |
| --- | --- |

EN

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I Resolutions, recommendations and opinions

OPINIONS

Council

| 17.3.2009 | EN | Official Journal of the European Union | C 62/1 |
| --- | --- | --- | --- |

17.3.2009

EN

Official Journal of the European Union

C 62/1

---

COUNCIL OPINION

of 10 March 2009

on the updated convergence programme of Bulgaria, 2008-2011

(2009/C 62/01)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 1466/97 of 7 July 1997 on the strengthening of the surveillance of budgetary positions and the surveillance and coordination of economic policies (1), and in particular Article 9(3) thereof,

Having regard to the recommendation of the Commission,

After consulting the Economic and Financial Committee,

HAS DELIVERED THIS OPINION:

| (1) | On 10 March 2009, the Council examined the updated convergence programme of Bulgaria, which covers the period 2008 to 2011 (2). |
| --- | --- |

(1)

On 10 March 2009, the Council examined the updated convergence programme of Bulgaria, which covers the period 2008 to 2011 (2).

| (2) | Bulgaria has experienced strong economic growth at over 6 % on average over the past several years, accompanied by widening macro-economic imbalances, such as high external deficits and inflation. In the context of the currency board framework, monetary and credit conditions tightened in 2008 amid higher country risk perceptions and a continued appreciation of the real effective exchange rate. As the adverse impact of the global economic slowdown and the financial crisis unfolds, GDP growth is set to decelerate sharply and remain well below potential in 2009-2010, putting pressure on tax revenues. Thus Bulgaria faces the challenge of sustaining growth in a severe and protracted global economic downturn, while addressing the existing macro-economic imbalances through maintaining tight fiscal and incomes policies. Against this background, the policy response in the programme envisages measures aiming at strengthening the economy's resilience. Despite the starting position of low public debt-to-GDP ratio and large fiscal surpluses, the high inflation and large current account deficit have prevented the government from adopting a fiscal stimulus package for boosting domestic demand. In the long term, the country is confronted with the need to improve the quality of public finances while facing fast ageing population and worsening demographics. |
| --- | --- |

(2)

Bulgaria has experienced strong economic growth at over 6 % on average over the past several years, accompanied by widening macro-economic imbalances, such as high external deficits and inflation. In the context of the currency board framework, monetary and credit conditions tightened in 2008 amid higher country risk perceptions and a continued appreciation of the real effective exchange rate. As the adverse impact of the global economic slowdown and the financial crisis unfolds, GDP growth is set to decelerate sharply and remain well below potential in 2009-2010, putting pressure on tax revenues. Thus Bulgaria faces the challenge of sustaining growth in a severe and protracted global economic downturn, while addressing the existing macro-economic imbalances through maintaining tight fiscal and incomes policies. Against this background, the policy response in the programme envisages measures aiming at strengthening the economy's resilience. Despite the starting position of low public debt-to-GDP ratio and large fiscal surpluses, the high inflation and large current account deficit have prevented the government from adopting a fiscal stimulus package for boosting domestic demand. In the long term, the country is confronted with the need to improve the quality of public finances while facing fast ageing population and worsening demographics.

| (3) | The macro-economic scenario underlying the programme envisages that real GDP growth will fall from 6,5 % in 2008 to 4,7 % in 2009 before recovering to an average rate of 5,5 % over the rest of the programme period. Assessed against currently available information (3), this scenario appears to be based on markedly favourable growth assumptions for 2009 and thereafter. This reflects high domestic demand, in particular investment growth, and acceleration in real exports throughout the programme period, which are inconsistent with the slowdown in both foreign direct investment inflows and world trade. However, due to a much higher import growth assumed in the programme, in line with domestic demand, the external deficit would narrow only gradually in 2009-2011. Based on the assumption of a milder slowdown, the programme projects inflation in 2009 to be on the high side, implying limited progress towards nominal convergence. The inflation outlook for 2010-2011 appears realistic. |
| --- | --- |

(3)

The macro-economic scenario underlying the programme envisages that real GDP growth will fall from 6,5 % in 2008 to 4,7 % in 2009 before recovering to an average rate of 5,5 % over the rest of the programme period. Assessed against currently available information (3), this scenario appears to be based on markedly favourable growth assumptions for 2009 and thereafter. This reflects high domestic demand, in particular investment growth, and acceleration in real exports throughout the programme period, which are inconsistent with the slowdown in both foreign direct investment inflows and world trade. However, due to a much higher import growth assumed in the programme, in line with domestic demand, the external deficit would narrow only gradually in 2009-2011. Based on the assumption of a milder slowdown, the programme projects inflation in 2009 to be on the high side, implying limited progress towards nominal convergence. The inflation outlook for 2010-2011 appears realistic.

| (4) | For 2008, the general government surplus is estimated at 3 % of GDP in the most recent update of the programme, which is in line with the original target. The budgetary outcome reflects a better starting position (after correcting for an unanticipated one-off debt cancellation measure in 2007, amounting to 3,5 % of GDP). Despite the significant import growth and high inflation in 2008, revenue collected from indirect taxes was 1,5 % of GDP lower than initially projected. Following the introduction of a 10 % flat personal income tax rate, direct tax revenues collection was 0,5 % of GDP less than anticipated in the December 2007 update. On the expenditure side, discipline has not been fully maintained, as additional social and infrastructure spending of around 1,75 % of GDP was adopted. Nevertheless, thanks to higher-than-expected nominal GDP growth, the expenditure-to-GDP ratio was lower than envisaged in the previous programme. |
| --- | --- |

(4)

For 2008, the general government surplus is estimated at 3 % of GDP in the most recent update of the programme, which is in line with the original target. The budgetary outcome reflects a better starting position (after correcting for an unanticipated one-off debt cancellation measure in 2007, amounting to 3,5 % of GDP). Despite the significant import growth and high inflation in 2008, revenue collected from indirect taxes was 1,5 % of GDP lower than initially projected. Following the introduction of a 10 % flat personal income tax rate, direct tax revenues collection was 0,5 % of GDP less than anticipated in the December 2007 update. On the expenditure side, discipline has not been fully maintained, as additional social and infrastructure spending of around 1,75 % of GDP was adopted. Nevertheless, thanks to higher-than-expected nominal GDP growth, the expenditure-to-GDP ratio was lower than envisaged in the previous programme.

| (5) | The 2009 budget law targets a general government surplus of 3 % of GDP. The law includes some discretionary measures, which would have an overall neutral budgetary impact. On the revenue side, the impact of the reduction of the contribution rate to the public pension fund by 4 % would be offset by the increase in the healthcare contribution rate by 2 % and in the average mandatory minimum insured income thresholds by 26,5 % in nominal terms. On the expenditure side, primary expenditure is set to grow, mainly due to higher social payments and compensation of employees. Pensions will be increased by almost 20 % in two steps from 1 April and 1 July. The wage bill in the general government sector is envisaged to grow by 10 %. To ensure meeting the budgetary targets, the rule limiting the disbursement of non-interest expenditure (excluding social security transfers) to 90 % of budgeted allocations in case of a worse-than-budgeted revenue outcome has been re-introduced. The 2009 budget law provides for even lower disbursements if the underperformance in the consolidated general government revenues falls to a level that would result in a negative budget balance. |
| --- | --- |

(5)

The 2009 budget law targets a general government surplus of 3 % of GDP. The law includes some discretionary measures, which would have an overall neutral budgetary impact. On the revenue side, the impact of the reduction of the contribution rate to the public pension fund by 4 % would be offset by the increase in the healthcare contribution rate by 2 % and in the average mandatory minimum insured income thresholds by 26,5 % in nominal terms. On the expenditure side, primary expenditure is set to grow, mainly due to higher social payments and compensation of employees. Pensions will be increased by almost 20 % in two steps from 1 April and 1 July. The wage bill in the general government sector is envisaged to grow by 10 %. To ensure meeting the budgetary targets, the rule limiting the disbursement of non-interest expenditure (excluding social security transfers) to 90 % of budgeted allocations in case of a worse-than-budgeted revenue outcome has been re-introduced. The 2009 budget law provides for even lower disbursements if the underperformance in the consolidated general government revenues falls to a level that would result in a negative budget balance.

| (6) | The budgetary strategy outlined in the program projects the medium-term objective (MTO) of a 1,5 % of GDP surplus to be respected throughout the programme period. The current update envisages the general government balance to remain in surplus of 3 % of GDP and the primary balance to stay unchanged at a surplus of almost 4 % of GDP until 2011. In structural terms (i.e. cyclically-adjusted net of one-off and other temporary measures), the budgetary balance is projected to remain in surplus of around 3,5 % of GDP over the programme period. While the negative output gap is projected to widen, the underlying fiscal policy stance appears to be broadly neutral in the medium term. |
| --- | --- |

(6)

The budgetary strategy outlined in the program projects the medium-term objective (MTO) of a 1,5 % of GDP surplus to be respected throughout the programme period. The current update envisages the general government balance to remain in surplus of 3 % of GDP and the primary balance to stay unchanged at a surplus of almost 4 % of GDP until 2011. In structural terms (i.e. cyclically-adjusted net of one-off and other temporary measures), the budgetary balance is projected to remain in surplus of around 3,5 % of GDP over the programme period. While the negative output gap is projected to widen, the underlying fiscal policy stance appears to be broadly neutral in the medium term.

| (7) | The programme budgetary outcomes are subject to significant downside risks. The main risk stems from the underlying macro-economic scenario, which is based on markedly favourable growth assumptions for 2009 and 2010. On the revenue side, risks for public finances in 2009-2010 are higher than in previous years and are associated with a sharper contraction and rebalancing of economic growth towards less revenue-rich growth composition. In view of the expected economic slowdown and pressures to increase demand-enhancing expenditure, controlling expenditure growth through the 90 % budget execution rule might prove to be difficult in 2009. |
| --- | --- |

(7)

The programme budgetary outcomes are subject to significant downside risks. The main risk stems from the underlying macro-economic scenario, which is based on markedly favourable growth assumptions for 2009 and 2010. On the revenue side, risks for public finances in 2009-2010 are higher than in previous years and are associated with a sharper contraction and rebalancing of economic growth towards less revenue-rich growth composition. In view of the expected economic slowdown and pressures to increase demand-enhancing expenditure, controlling expenditure growth through the 90 % budget execution rule might prove to be difficult in 2009.

| (8) | In the absence of long-term projections of age-related expenditures, based on the common macro-economic assumptions as carried out by the EPC/Commission, it is not possible to assess the impact of population ageing in Bulgaria on a comparable and robust basis as it is currently done for the previously acceded 25 Member States. The budgetary position in 2008, with a large structural surplus, contributes significantly to debt reduction before considering the long-term budgetary impact of ageing. Maintaining high primary surpluses over the medium-term would contribute to limiting the risks to the sustainability of public finances, which are currently at a low level. |
| --- | --- |

(8)

In the absence of long-term projections of age-related expenditures, based on the common macro-economic assumptions as carried out by the EPC/Commission, it is not possible to assess the impact of population ageing in Bulgaria on a comparable and robust basis as it is currently done for the previously acceded 25 Member States. The budgetary position in 2008, with a large structural surplus, contributes significantly to debt reduction before considering the long-term budgetary impact of ageing. Maintaining high primary surpluses over the medium-term would contribute to limiting the risks to the sustainability of public finances, which are currently at a low level.

| (9) | Bulgaria's budgetary framework has so far demonstrated a very good track record by meeting the budgetary targets, although in a context of buoyant economic growth. In the recent past, it has been improved by streamlining the budgetary procedure, enhancing reporting requirements, and including a more comprehensive macro-economic analysis and assessment of the fiscal risks in the budgetary documents. However, the framework is binding only in the first year of the three-year budgetary planning horizon and allows for certain discretionary spending powers of the government which undermines the fiscal transparency and accountability. Despite these weaknesses, the programme does not envisage any substantial changes to the budgetary framework apart from further progress with the implementation of performance-based budgeting. The re-introduction of the 90 % budget execution rule into the 2009 budget law aims at ensuring the budgetary target through limiting the general government expenditure growth. However, the implementation of the rule is not clearly defined in the law, which might leave some room for discretionary execution. |
| --- | --- |

(9)

Bulgaria's budgetary framework has so far demonstrated a very good track record by meeting the budgetary targets, although in a context of buoyant economic growth. In the recent past, it has been improved by streamlining the budgetary procedure, enhancing reporting requirements, and including a more comprehensive macro-economic analysis and assessment of the fiscal risks in the budgetary documents. However, the framework is binding only in the first year of the three-year budgetary planning horizon and allows for certain discretionary spending powers of the government which undermines the fiscal transparency and accountability. Despite these weaknesses, the programme does not envisage any substantial changes to the budgetary framework apart from further progress with the implementation of performance-based budgeting. The re-introduction of the 90 % budget execution rule into the 2009 budget law aims at ensuring the budgetary target through limiting the general government expenditure growth. However, the implementation of the rule is not clearly defined in the law, which might leave some room for discretionary execution.

| (10) | The Bulgarian government has not adopted any specific package to stabilize the financial sector. However, in order to enhance the confidence in the banking system the deposit guarantee level was raised to BGN 100 000 and the government increased the capital of the State-owned Bulgarian Development Bank to facilitate financing to SMEs. |
| --- | --- |

(10)

The Bulgarian government has not adopted any specific package to stabilize the financial sector. However, in order to enhance the confidence in the banking system the deposit guarantee level was raised to BGN 100 000 and the government increased the capital of the State-owned Bulgarian Development Bank to facilitate financing to SMEs.

| (11) | In view of the economic imbalances, fiscal policy is geared towards maintaining investor confidence and preserving macro-economic stability. The Bulgarian government has therefore not adopted a short-term stimulus package in response to the economic slowdown, which is in line with the EERP agreed in December by the European Council. Related to the medium-term reform agenda and the country-specific recommendations proposed by the Commission on 28 January 2009 under the Lisbon Strategy for Growth and Jobs, the programme foresees structural measures which aim at strengthening the economy's resilience, such as those aimed at sustaining employment, enhancing business capacity to adapt to the crisis environment, improving market functioning, providing, if needed, capital support to commercial banks, boosting lending to SMEs, promoting export performance, and improving EU funds absorption. These measures represent a timely and adequate response to the main policy objectives in terms of the short-term outlook. The update also includes a series of other structural reform measures, which are part of the longer-term strategy for improving the quality and sustainability of public finances, such as the reform in the pension system, the implementation of next steps under the education reform strategy, including through further optimization of the school network and strengthening the schools' delegated budget system, and the implementation of the recently adopted healthcare strategy. |
| --- | --- |

(11)

In view of the economic imbalances, fiscal policy is geared towards maintaining investor confidence and preserving macro-economic stability. The Bulgarian government has therefore not adopted a short-term stimulus package in response to the economic slowdown, which is in line with the EERP agreed in December by the European Council. Related to the medium-term reform agenda and the country-specific recommendations proposed by the Commission on 28 January 2009 under the Lisbon Strategy for Growth and Jobs, the programme foresees structural measures which aim at strengthening the economy's resilience, such as those aimed at sustaining employment, enhancing business capacity to adapt to the crisis environment, improving market functioning, providing, if needed, capital support to commercial banks, boosting lending to SMEs, promoting export performance, and improving EU funds absorption. These measures represent a timely and adequate response to the main policy objectives in terms of the short-term outlook. The update also includes a series of other structural reform measures, which are part of the longer-term strategy for improving the quality and sustainability of public finances, such as the reform in the pension system, the implementation of next steps under the education reform strategy, including through further optimization of the school network and strengthening the schools' delegated budget system, and the implementation of the recently adopted healthcare strategy.

| (12) | The consolidation programme of the Bulgarian government would help contain the economy's high external and internal imbalances. More specifically, the programme envisages a structural consolidation of 1 % of GDP over the period 2008-2011. The overall fiscal stance, as measured by the change in the structural balance, is restrictive in 2009 and remains broadly neutral in 2010-2011. The programme's objective of maintaining a cyclically adjusted surplus of 1,5 % of GDP would be achieved throughout the programme period. |
| --- | --- |

(12)

The consolidation programme of the Bulgarian government would help contain the economy's high external and internal imbalances. More specifically, the programme envisages a structural consolidation of 1 % of GDP over the period 2008-2011. The overall fiscal stance, as measured by the change in the structural balance, is restrictive in 2009 and remains broadly neutral in 2010-2011. The programme's objective of maintaining a cyclically adjusted surplus of 1,5 % of GDP would be achieved throughout the programme period.

| (13) | As regards the data requirements specified in the code of conduct for stability and convergence programmes, the programme has some gaps in the optional data (4). |
| --- | --- |

(13)

As regards the data requirements specified in the code of conduct for stability and convergence programmes, the programme has some gaps in the optional data (4).

The overall conclusion is that the programme aims at maintaining a sound budgetary position throughout the period, reflected in the planned high general government surpluses. The structural measures foreseen in response to the economic slowdown aim at strengthening the economy's growth potential and are in line with the EERP. Subject to the downside risks stemming from the uncertainty at the current economic juncture and its impact on revenues, the budgetary stance would imply that the medium-term objective of 1,5 % of GDP surplus would be achieved throughout the programme period. Bulgaria faces the challenge of sustaining growth in a severe and protracted global economic downturn. Moreover the country should implement firm policies to correct the large external deficit, including through maintaining a tight fiscal policy and containing public sector wage growth. In addition, the country is confronted with the need to improve the quality of public expenditure by improving administrative capacity and stepping up structural reforms.

In view of the above assessment and also given the need to ensure sustainable convergence, Bulgaria is invited to:

| (i) | continue pursuing tight fiscal policies and maintaining a sound fiscal position by restraining expenditure growth, with a view to helping contain existing external imbalances and counteract possible revenue shortfalls; |
| --- | --- |

(i)

continue pursuing tight fiscal policies and maintaining a sound fiscal position by restraining expenditure growth, with a view to helping contain existing external imbalances and counteract possible revenue shortfalls;

| (ii) | contain public sector wage growth in order to contribute to overall wage moderation and improve competitiveness; |
| --- | --- |

(ii)

contain public sector wage growth in order to contribute to overall wage moderation and improve competitiveness;

| (iii) | further strengthen the efficiency of public spending, in particular through full implementation of programme budgeting, reinforced administrative capacity and reforming the areas of labour and product markets, education and healthcare in order to increase productivity. |
| --- | --- |

(iii)

further strengthen the efficiency of public spending, in particular through full implementation of programme budgeting, reinforced administrative capacity and reforming the areas of labour and product markets, education and healthcare in order to increase productivity.

Comparison of key macro-economic and budgetary projections

| | | 2007 | 2008 | 2009 | 2010 | 2011 |
| --- | --- | --- | --- | --- | --- | --- |
| Real GDP
  (% change) | CP Dec 2008 | 6,2 | 6,5 | 4,7 | 5,2 | 5,8 |
| COM Jan 2009 | 6,2 | 6,4 | 1,8 | 2,5 | n.a. |
| CP Dec 2007 | 6,4 | 6,4 | 6,8 | 6,9 | n.a. |
| HICP inflation
  (%) | CP Dec 2008 | 7,6 | 12,4 | 6,7 | 4,7 | 4.0 |
| COM Jan 2009 | 7,6 | 12,0 | 5,4 | 4,8 | n.a. |
| CP Dec 2007 | 7,2 | 6,9 | 4,4 | 3,7 | n.a. |
| Output gap (5)

  (% of potential GDP) | CP Dec 2008 | 1,5 | 1,1 | – 0,7 | – 1,8 | – 1,4 |
| COM Jan 2009 (6) | 2,7 | 3,0 | – 0,3 | – 2,3 | n.a. |
| CP Dec 2007 | 0,7 | – 0,1 | – 0,6 | n.a. | n.a. |
| Net lending/borrowing vis-à-vis the rest of the world
  (% of GDP) | CP Dec 2008 (7) | – 20,6 | – 22,9 | – 20,7 | – 18,4 | – 16,6 |
| COM Jan 2009 | – 21,3 | – 23,3 | – 19,1 | – 17,6 | n.a. |
| CP Dec 2007 | – 19,9 | – 20,7 | – 19,5 | – 18,6 | n.a. |
| General government revenue
  (% of GDP) | CP Dec 2008 | 41,6 | 41,3 | 43,4 | 43,4 | 43,7 |
| COM Jan 2009 | 41,6 | 41,4 | 40,8 | 40,9 | n.a. |
| CP Dec 2007 | 42,2 | 43,7 | 43,9 | 43,9 | n.a. |
| General government expenditure
  (% of GDP) | CP Dec 2008 | 41,5 | 38,3 | 40,4 | 40,4 | 40,7 |
| COM Jan 2009 | 41,5 | 38,2 | 38,8 | 38,9 | n.a. |
| CP Dec 2007 | 39,1 | 40,7 | 40,9 | 41,0 | n.a. |
| General government balance
  (% of GDP) | CP Dec 2008 | 0,1 | 3,0 | 3,0 | 3,0 | 3,0 |
| COM Jan 2009 | 0,1 | 3,2 | 2,0 | 2,0 | n.a. |
| CP Dec 2007 | 3,1 | 3,0 | 3,0 | 3,0 | n.a. |
| Primary balance
  (% of GDP) | CP Dec 2008 | 1,1 | 3,9 | 3,9 | 3,9 | 3,9 |
| COM Jan 2009 | 1,1 | 4,1 | 2,8 | 2,7 | n.a. |
| CP Dec 2007 | 4,3 | 4,0 | 4,0 | 4,0 | n.a. |
| Cyclically-adjusted balance (5)

  (% of GDP) | CP Dec 2008 | – 0,4 | 2,6 | 3,2 | 3,6 | 3,5 |
| COM Jan 2009 | – 0,8 | 2,2 | 2,1 | 2,8 | n.a. |
| CP Dec 2007 | 2,8 | 3,1 | 3,3 | n.a. | n.a. |
| Structural balance (8)

  (% of GDP) | CP Dec 2008 | 2,9 | 2,6 | 3,2 | 3,6 | 3,5 |
| COM Jan 2009 | 2,5 | 2,2 | 2,1 | 2,8 | n.a. |
| CP Dec 2007 | 2,9 | 3,1 | 3,3 | n.a. | n.a. |
| Government gross debt
  (% of GDP) (9) | CP Dec 2008 | 18,2 | 15,4 | 15,4 | 15,3 | 15,2 |
| COM Jan 2009 | 18,2 | 13,8 | 12,2 | 10,7 | n.a. |
| CP Dec 2007 | 19,8 | 18,3 | 17,4 | 16,9 | n.a. |
| Source:

  Convergence programme (CP); Commission services' January 2009 interim forecasts (COM); Commission services' calculations. |

2007

2008

2009

2010

2011

Real GDP

(% change)

CP Dec 2008

6,2

6,5

4,7

5,2

5,8

COM Jan 2009

6,2

6,4

1,8

2,5

n.a.

CP Dec 2007

6,4

6,4

6,8

6,9

n.a.

HICP inflation

(%)

CP Dec 2008

7,6

12,4

6,7

4,7

4.0

COM Jan 2009

7,6

12,0

5,4

4,8

n.a.

CP Dec 2007

7,2

6,9

4,4

3,7

n.a.

Output gap (5)

(% of potential GDP)

CP Dec 2008

1,5

1,1

– 0,7

– 1,8

– 1,4

COM Jan 2009 (6)

2,7

3,0

– 0,3

– 2,3

n.a.

CP Dec 2007

0,7

– 0,1

– 0,6

n.a.

n.a.

Net lending/borrowing vis-à-vis the rest of the world

(% of GDP)

CP Dec 2008 (7)

– 20,6

– 22,9

– 20,7

– 18,4

– 16,6

COM Jan 2009

– 21,3

– 23,3

– 19,1

– 17,6

n.a.

CP Dec 2007

– 19,9

– 20,7

– 19,5

– 18,6

n.a.

General government revenue

(% of GDP)

CP Dec 2008

41,6

41,3

43,4

43,4

43,7

COM Jan 2009

41,6

41,4

40,8

40,9

n.a.

CP Dec 2007

42,2

43,7

43,9

43,9

n.a.

General government expenditure

(% of GDP)

CP Dec 2008

41,5

38,3

40,4

40,4

40,7

COM Jan 2009

41,5

38,2

38,8

38,9

n.a.

CP Dec 2007

39,1

40,7

40,9

41,0

n.a.

General government balance

(% of GDP)

CP Dec 2008

0,1

3,0

3,0

3,0

3,0

COM Jan 2009

0,1

3,2

2,0

2,0

n.a.

CP Dec 2007

3,1

3,0

3,0

3,0

n.a.

Primary balance

(% of GDP)

CP Dec 2008

1,1

3,9

3,9

3,9

3,9

COM Jan 2009

1,1

4,1

2,8

2,7

n.a.

CP Dec 2007

4,3

4,0

4,0

4,0

n.a.

Cyclically-adjusted balance (5)

(% of GDP)

CP Dec 2008

– 0,4

2,6

3,2

3,6

3,5

COM Jan 2009

– 0,8

2,2

2,1

2,8

n.a.

CP Dec 2007

2,8

3,1

3,3

n.a.

n.a.

Structural balance (8)

(% of GDP)

CP Dec 2008

2,9

2,6

3,2

3,6

3,5

COM Jan 2009

2,5

2,2

2,1

2,8

n.a.

CP Dec 2007

2,9

3,1

3,3

n.a.

n.a.

Government gross debt

(% of GDP) (9)

CP Dec 2008

18,2

15,4

15,4

15,3

15,2

COM Jan 2009

18,2

13,8

12,2

10,7

n.a.

CP Dec 2007

19,8

18,3

17,4

16,9

n.a.

Source:

Convergence programme (CP); Commission services' January 2009 interim forecasts (COM); Commission services' calculations.

---

(1)  OJ L 209, 2.8.1997, p. 1. The documents referred to in this text can be found at the following website:

http://ec.europa.eu/economy_finance/about/activities/sgp/main_en.htm

(2)  On 23 December 2008, the Bulgarian authorities submitted an addendum to the programme detailing the measures adopted in response to the economic downturn. The addendum did not present any significant changes in the fiscal and structural policies compared to those in the convergence programme and the budgetary projections remained unchanged.

(3)  The assessment notably takes into account the Commission services' January 2009 forecast, but also other information that has become available since then.

(4)  In particular, some long-term sustainability data are not provided.

(5)  Output gaps and cyclically-adjusted balances according to the programmes as recalculated by Commission services on the basis of the information in the programmes.

(6)  Based on estimated potential growth of 5,0 %, 6,3 %, 6,0 % and 6,0 % respectively in the period 2007-2010.

(7)  The different net borrowing position in 2007 in the current update of the programme and the Commission services' January 2009 interim forecast reflects a discrepancy in the balance on goods and services component.

(8)  Cyclically-adjusted balance excluding one-off and other temporary measures. Cyclically-adjusted balances according to the programmes as recalculated by the Commission services on the basis of the information in the programmes. The most recent update envisages no one-off and other temporary measures for the programme period according to the Commission services' January 2009 interim forecast; there are one-off measures amounting to 3,3 % of GDP (expenditure side) in 2007.

(9)  The differing projections about the debt-to-GDP ratio in the programme compared to the Commission services' January 2009 interim forecast are due almost entirely to the higher projected accumulation of financial assets, which is not considered by the Commission services under a no-policy-change scenario.

Source:

Convergence programme (CP); Commission services' January 2009 interim forecasts (COM); Commission services' calculations.

---

| 17.3.2009 | EN | Official Journal of the European Union | C 62/6 |
| --- | --- | --- | --- |

17.3.2009

EN

Official Journal of the European Union

C 62/6

---

COUNCIL OPINION

of 10 March 2009

on the updated convergence programme of the Czech Republic, 2008-2011

(2009/C 62/02)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 1466/97 of 7 July 1997 on the strengthening of the surveillance of budgetary positions and the surveillance and coordination of economic policies (1), and in particular Article 9(3) thereof,

Having regard to the recommendation of the Commission,

After consulting the Economic and Financial Committee,

HAS DELIVERED THIS OPINION:

| (1) | On 10 March 2009, the Council examined the updated convergence programme of the Czech Republic, which covers the period 2008 to 2011. The Council notes that the programme submitted in November 2008, including the addendum forwarded in December 2008 appear to be too optimistic in light of the unfavourable macro-economic developments. It also notes that a second package of stimulus measures have been announced on 16 February 2009, which is not covered by this assessment. |
| --- | --- |

(1)

On 10 March 2009, the Council examined the updated convergence programme of the Czech Republic, which covers the period 2008 to 2011. The Council notes that the programme submitted in November 2008, including the addendum forwarded in December 2008 appear to be too optimistic in light of the unfavourable macro-economic developments. It also notes that a second package of stimulus measures have been announced on 16 February 2009, which is not covered by this assessment.

| (2) | Following three years of rapid expansion, growth in the Czech economy moderated in 2008 and is set to slow further in 2009. Weakening external demand resulting from the global financial and economic crisis will act as a significant drag on export growth for the highly open Czech economy. In addition, domestic demand, particularly investment, is softening on the back of falling foreign direct investment, tight credit conditions and a decline in business and consumer sentiment. In response to the slowdown, the government introduced a fiscal stimulus package in the 2009 budget including a range of revenue and expenditure measures. These are geared towards promoting domestic demand and providing support to enterprises through the downturn. From 2010 on, the economy should gradually recover in line with the expected improvement in the external environment. However, growth is not likely to return to the high rates before the crisis. This may have an adverse effect on government finances, which over recent years have benefited from buoyant revenue growth and which despite a relatively low government deficit and debt remain a concern in terms of risks to their long-term fiscal sustainability due to a rapidly ageing population. The Czech National Bank eased monetary policy in the second half of 2008 via successive interest rate reductions (from 3,75 % in July 2008 to 2,25 % in December 2008). The nominal effective exchange rate of the Czech koruna appreciated slightly (by 1,3 %) during 2008. |
| --- | --- |

(2)

Following three years of rapid expansion, growth in the Czech economy moderated in 2008 and is set to slow further in 2009. Weakening external demand resulting from the global financial and economic crisis will act as a significant drag on export growth for the highly open Czech economy. In addition, domestic demand, particularly investment, is softening on the back of falling foreign direct investment, tight credit conditions and a decline in business and consumer sentiment. In response to the slowdown, the government introduced a fiscal stimulus package in the 2009 budget including a range of revenue and expenditure measures. These are geared towards promoting domestic demand and providing support to enterprises through the downturn. From 2010 on, the economy should gradually recover in line with the expected improvement in the external environment. However, growth is not likely to return to the high rates before the crisis. This may have an adverse effect on government finances, which over recent years have benefited from buoyant revenue growth and which despite a relatively low government deficit and debt remain a concern in terms of risks to their long-term fiscal sustainability due to a rapidly ageing population. The Czech National Bank eased monetary policy in the second half of 2008 via successive interest rate reductions (from 3,75 % in July 2008 to 2,25 % in December 2008). The nominal effective exchange rate of the Czech koruna appreciated slightly (by 1,3 %) during 2008.

| (3) | The macro-economic scenario underlying the programme projects real GDP growth to fall from 4,4 % in 2008 to 3,7 % in 2009 before recovering to an average rate of 4,8 % over the rest of the programme period. Assessed against currently available information (2), this scenario appears to be based on markedly favourable growth assumptions in 2009 and 2010, and on favourable ones thereafter, while this has to be seen against the programme cut-off date of 1 October 2008 and the major economic developments that have followed since then.
  In particular, in view of the rapid deterioration of the economic outlook for the Czech Republic's main trading partners in recent months, exports are expected to decline much more sharply and their recovery is likely to be more subdued than projected in the programme. Moreover, the swift turnaround of the economy is based on the assumption that potential growth will not be affected by the crisis which appears not very likely in view of the expected decline in investment growth, particularly also of foreign direct investment. The programme's projections for inflation appear realistic. |
| --- | --- |

(3)

The macro-economic scenario underlying the programme projects real GDP growth to fall from 4,4 % in 2008 to 3,7 % in 2009 before recovering to an average rate of 4,8 % over the rest of the programme period. Assessed against currently available information (2), this scenario appears to be based on markedly favourable growth assumptions in 2009 and 2010, and on favourable ones thereafter, while this has to be seen against the programme cut-off date of 1 October 2008 and the major economic developments that have followed since then.

In particular, in view of the rapid deterioration of the economic outlook for the Czech Republic's main trading partners in recent months, exports are expected to decline much more sharply and their recovery is likely to be more subdued than projected in the programme. Moreover, the swift turnaround of the economy is based on the assumption that potential growth will not be affected by the crisis which appears not very likely in view of the expected decline in investment growth, particularly also of foreign direct investment. The programme's projections for inflation appear realistic.

| (4) | For 2008, the general government deficit is estimated at 1,2 % of GDP in the Commission services' January 2009 interim forecast, against a target of 2,9 % of GDP set in the previous update of the convergence programme. The much better than expected outcome is largely due to a better starting position from 2007 and the earlier reform package taken by the government. This was partly offset by less favourable developments in 2008. In particular, while expenditure growth was broadly in line with plan, revenue growth was slightly below target. The increase in the level of collected value added tax has been slightly less than expected due to a slowdown in consumer spending which offset the impact of the increase in the lower band of VAT implemented in 2008, while direct taxes have been more in line with government predictions as the labour market has remained stable. |
| --- | --- |

(4)

For 2008, the general government deficit is estimated at 1,2 % of GDP in the Commission services' January 2009 interim forecast, against a target of 2,9 % of GDP set in the previous update of the convergence programme. The much better than expected outcome is largely due to a better starting position from 2007 and the earlier reform package taken by the government. This was partly offset by less favourable developments in 2008. In particular, while expenditure growth was broadly in line with plan, revenue growth was slightly below target. The increase in the level of collected value added tax has been slightly less than expected due to a slowdown in consumer spending which offset the impact of the increase in the lower band of VAT implemented in 2008, while direct taxes have been more in line with government predictions as the labour market has remained stable.

| (5) | The target for the general government balance in 2009 is – 1,6 % of GDP, against a projection of – 2,5 % of GDP in the Commission services interim forecast. The estimated net effect on the budget balance of discretionary measures, adopted as part of the fiscal stimulus package and affecting the revenue and expenditure side in roughly equal share, is about 1 % of GDP. These measures are counterbalancing the originally restrictive stance of the convergence programme. In line with the Commission services' interim forecast, this implies a mild expansion of about 0,25 % of GDP. The impact of automatic stabilisers on the deterioration of the budget balance is estimated at around 0,5 % of GDP. |
| --- | --- |

(5)

The target for the general government balance in 2009 is – 1,6 % of GDP, against a projection of – 2,5 % of GDP in the Commission services interim forecast. The estimated net effect on the budget balance of discretionary measures, adopted as part of the fiscal stimulus package and affecting the revenue and expenditure side in roughly equal share, is about 1 % of GDP. These measures are counterbalancing the originally restrictive stance of the convergence programme. In line with the Commission services' interim forecast, this implies a mild expansion of about 0,25 % of GDP. The impact of automatic stabilisers on the deterioration of the budget balance is estimated at around 0,5 % of GDP.

| (6) | The programme foresees the achievement of the MTO, a structural deficit of 1 % of GDP cyclically adjusted net of one-off and other temporary measures, by 2012 (i.e. not within the programme period). The headline and structural balance are both projected to improve after 2009, as a result of expenditure savings, in particular with respect to intermediate consumption and compensation of employees, projected to fall by more than 0,5 % of GDP per annum over the period 2009-2011. |
| --- | --- |

(6)

The programme foresees the achievement of the MTO, a structural deficit of 1 % of GDP cyclically adjusted net of one-off and other temporary measures, by 2012 (i.e. not within the programme period). The headline and structural balance are both projected to improve after 2009, as a result of expenditure savings, in particular with respect to intermediate consumption and compensation of employees, projected to fall by more than 0,5 % of GDP per annum over the period 2009-2011.

| (7) | The budgetary outcomes are subject to downside risks. The macro-economic scenario which underpins the budgetary targets appears markedly favourable. An annual reduction by more than 0,5 percentage point of GDP in intermediate consumption and compensation of employees could entail risks for the overall quality of public services without significant efficiency-enhancing measures. The projected decline in expenditure on social payments does not seem to take into account the likely increase in unemployment benefits due to the expected worsening of the labour market. Furthermore, tax reductions in the fiscal stimulus package may not be offset by future savings. The expenditure targets in the programme are based on ceilings in the medium-term expenditure framework which in the past have been exceeded. Revenues may also be lower than predicted due to the slowdown, while the revenue assumptions in the programme appear to be on the cautious side. |
| --- | --- |

(7)

The budgetary outcomes are subject to downside risks. The macro-economic scenario which underpins the budgetary targets appears markedly favourable. An annual reduction by more than 0,5 percentage point of GDP in intermediate consumption and compensation of employees could entail risks for the overall quality of public services without significant efficiency-enhancing measures. The projected decline in expenditure on social payments does not seem to take into account the likely increase in unemployment benefits due to the expected worsening of the labour market. Furthermore, tax reductions in the fiscal stimulus package may not be offset by future savings. The expenditure targets in the programme are based on ceilings in the medium-term expenditure framework which in the past have been exceeded. Revenues may also be lower than predicted due to the slowdown, while the revenue assumptions in the programme appear to be on the cautious side.

| (8) | The long-term budgetary impact of ageing is above the EU average according to the projections made in 2005, which are based on the common methodology; the long-term sustainability of the Czech Republic is therefore assessed to be at high risk. Initial phases of pension and health care reforms have been introduced which will reduce expenditure. However, more needs to be done in both areas, taking into account the principles of equity accessibility and sustainability. While the budgetary position in 2008, as estimated in the programme, is markedly improved, it is largely due to a better starting position in 2007 rather than discretionary measures, and still compounds the impact of population ageing. Achieving primary surpluses over the medium term and implementing further structural measures aimed at curbing age-related expenditures would reduce the risks to the long-term sustainability of public finances. |
| --- | --- |

(8)

The long-term budgetary impact of ageing is above the EU average according to the projections made in 2005, which are based on the common methodology; the long-term sustainability of the Czech Republic is therefore assessed to be at high risk. Initial phases of pension and health care reforms have been introduced which will reduce expenditure. However, more needs to be done in both areas, taking into account the principles of equity accessibility and sustainability. While the budgetary position in 2008, as estimated in the programme, is markedly improved, it is largely due to a better starting position in 2007 rather than discretionary measures, and still compounds the impact of population ageing. Achieving primary surpluses over the medium term and implementing further structural measures aimed at curbing age-related expenditures would reduce the risks to the long-term sustainability of public finances.

| (9) | In 2004, the Czech Republic introduced a medium-term budgetary framework which sets annual targets for the State budget over three years. The targets are based on nominal expenditure ceilings and estimated revenue calculated on the basis of projected GDP growth. Since the start of the medium-term budgetary framework, the initial expenditure limits have been exceeded by raising expenditure on a discretionary basis and in the outturns. In 2006 and 2007, outturn expenditure exceeded the initial ceilings by on average 7 %. The Czech Republic is planning several changes aimed at improving budgetary management and enhancing tax collection. Output and target orientated budgeting has been introduced from January 2009. There will be increased integration and simplification of the tax system from January 2010 and there will be modernised administrative support to facilitate the work of the treasury department, for which tenders were launched in 2008. These measures will help to improve budgetary implementation while adhering to expenditure ceilings will depend on further discretion. |
| --- | --- |

(9)

In 2004, the Czech Republic introduced a medium-term budgetary framework which sets annual targets for the State budget over three years. The targets are based on nominal expenditure ceilings and estimated revenue calculated on the basis of projected GDP growth. Since the start of the medium-term budgetary framework, the initial expenditure limits have been exceeded by raising expenditure on a discretionary basis and in the outturns. In 2006 and 2007, outturn expenditure exceeded the initial ceilings by on average 7 %. The Czech Republic is planning several changes aimed at improving budgetary management and enhancing tax collection. Output and target orientated budgeting has been introduced from January 2009. There will be increased integration and simplification of the tax system from January 2010 and there will be modernised administrative support to facilitate the work of the treasury department, for which tenders were launched in 2008. These measures will help to improve budgetary implementation while adhering to expenditure ceilings will depend on further discretion.

| (10) | In response to the financial crisis, the Czech Republic took a number of measures, including an increase in capital of the Czech Export Bank, the Export Guarantee and Insurance Corporation, the Czech-Moravian Guarantee and Development Bank, totalling CZK 2 billion. The bolstering of the capital of these institutions will help exporting firms, especially SMEs. In addition, the coverage of the deposit guarantee scheme was increased to EUR 50 000. |
| --- | --- |

(10)

In response to the financial crisis, the Czech Republic took a number of measures, including an increase in capital of the Czech Export Bank, the Export Guarantee and Insurance Corporation, the Czech-Moravian Guarantee and Development Bank, totalling CZK 2 billion. The bolstering of the capital of these institutions will help exporting firms, especially SMEs. In addition, the coverage of the deposit guarantee scheme was increased to EUR 50 000.

| (11) | In line with the EERP agreed in December by the European Council, the Czech Republic adopted a recovery plan consisting of stimulus measures. Within an overall mildly expansionary fiscal stance, these measures are an adequate response to the macro-budgetary situation given the concern for a broader consolidation effort in light of the risks to long-term sustainability from rapid ageing. The stimulus measures taken by the Czech authorities can be regarded as in line with the EERP in that they are timely and targeted.
  The decrease of social insurance contributions paid by employees by 1,5 percentage points, which is, though, not easily reversible, will support households' disposable income. This measure will also have a structural impact on the labour market with respect to raising supply and placing downward pressure on gross wages. In addition, the decision to invest in construction and modernization of infrastructure within the State Fund for Transport Infrastructure is likely to help sustain employment and aggregate demand. These measures are related to the medium-term reform agenda and the country-specific recommendations proposed by the Commission on 28 January 2009 under the Lisbon Strategy for Growth and Jobs. In light of the worsened economic outlook, the government announced a second set of measures on 16 February 2009. |
| --- | --- |

(11)

In line with the EERP agreed in December by the European Council, the Czech Republic adopted a recovery plan consisting of stimulus measures. Within an overall mildly expansionary fiscal stance, these measures are an adequate response to the macro-budgetary situation given the concern for a broader consolidation effort in light of the risks to long-term sustainability from rapid ageing. The stimulus measures taken by the Czech authorities can be regarded as in line with the EERP in that they are timely and targeted.

The decrease of social insurance contributions paid by employees by 1,5 percentage points, which is, though, not easily reversible, will support households' disposable income. This measure will also have a structural impact on the labour market with respect to raising supply and placing downward pressure on gross wages. In addition, the decision to invest in construction and modernization of infrastructure within the State Fund for Transport Infrastructure is likely to help sustain employment and aggregate demand. These measures are related to the medium-term reform agenda and the country-specific recommendations proposed by the Commission on 28 January 2009 under the Lisbon Strategy for Growth and Jobs. In light of the worsened economic outlook, the government announced a second set of measures on 16 February 2009.

| (12) | The projected fiscal stance is mildly expansionary in 2009 according to the Commission services' January 2009 Interim Forecast, partly due to an exceptional increase granted for public sector wages. The structural balance improves after 2009 mainly thanks to expenditure restraint. The achievement of the fiscal targets may be difficult without further measures, given the programme's favourable macro-economic assumptions, and concrete actions to back-up the planned expenditure reductions. |
| --- | --- |

(12)

The projected fiscal stance is mildly expansionary in 2009 according to the Commission services' January 2009 Interim Forecast, partly due to an exceptional increase granted for public sector wages. The structural balance improves after 2009 mainly thanks to expenditure restraint. The achievement of the fiscal targets may be difficult without further measures, given the programme's favourable macro-economic assumptions, and concrete actions to back-up the planned expenditure reductions.

| (13) | As regards the data requirements specified in the code of conduct for stability and convergence programmes, the programme provides all required and most of the optional data (3). |
| --- | --- |

(13)

As regards the data requirements specified in the code of conduct for stability and convergence programmes, the programme provides all required and most of the optional data (3).

The overall conclusion is that government deficit in the Czech Republic over recent years has been relatively low, while the debt ratio has been below 30 % of GDP, thus clearly below the 60 % reference value. The mildly expansionary fiscal stance, including stimulus measures, appears appropriate in light of the economic downturn and in line with the EERP, however, will affect public finances. Moreover, there are risks attached to the budgetary projections, in particular in view of the favourable growth assumptions, the lack of concrete actions to support the planned expenditure reductions from 2009, and a track record of exceeding expenditure ceilings set in the medium-term budgetary framework. Due to a rapidly aging population, concerns remain regarding the long-term fiscal sustainability. Overall, these risks point to the need for medium-term fiscal consolidation and further efforts in structural reforms.

In view of the above, and also given the need to ensure sustainable convergence, the Czech Republic is invited to:

| (i) | implement the 2009 fiscal plans, including stimulus measures, in line with the EERP and within the framework of the SGP; |
| --- | --- |

(i)

implement the 2009 fiscal plans, including stimulus measures, in line with the EERP and within the framework of the SGP;

| (ii) | carry out significant structural consolidation in 2010 and beyond towards the MTO, and back-up the budgetary strategy with specific measures for reducing expenditure in 2010-2011; |
| --- | --- |

(ii)

carry out significant structural consolidation in 2010 and beyond towards the MTO, and back-up the budgetary strategy with specific measures for reducing expenditure in 2010-2011;

| (iii) | continue with the necessary pension and health care reforms, given the projected increase in age-related expenditures, in order to improve the long-term sustainability of public finances. |
| --- | --- |

(iii)

continue with the necessary pension and health care reforms, given the projected increase in age-related expenditures, in order to improve the long-term sustainability of public finances.

Comparison of key macro-economic and budgetary projections

| | | 2007 | 2008 | 2009 | 2010 | 2011 |
| --- | --- | --- | --- | --- | --- | --- |
| Real GDP
  (% change) | CP Nov 2008 | 6,6 | 4,4 | 3,7 | 4,4 | 5,2 |
| COM Jan 2009 | 6,0 | 4,2 | 1,7 | 2,3 | n.a. |
| CP Nov 2007 | 5,9 | 5,0 | 5,1 | 5,3 | n.a. |
| HICP inflation
  (%) | CP Nov 2008 | 3,0 | 6,4 | 2,9 | 3,0 | 2,5 |
| COM Jan 2009 | 3,0 | 6,3 | 2,6 | 2,3 | n.a. |
| CP Nov 2007 | 2,4 | 3,9 | 2,3 | 2,1 | n.a. |
| Output gap (4)

  (% of potential GDP) | CP Nov 2008 | 2,7 | 1,9 | 0,4 | – 0,4 | – 0,2 |
| COM Jan 2009 (5) | 3,7 | 3,4 | 0,7 | – 1,1 | n.a. |
| CP Nov 2007 | 1,8 | 1,4 | 0,7 | 0,5 | n.a. |
| Net lending/borrowing vis-à-vis the rest of the world
  (% of GDP) | CP Nov 2008 | – 0,8 | – 1,0 | – 0,5 | 0,4 | 1,2 |
| COM Jan 2009 | – 0,8 | – 0,3 | – 0,8 | – 1,1 | n.a. |
| CP Nov 2007 | – 2,4 | – 1,6 | – 0,4 | 1,5 | n.a. |
| General government revenue
  (% of GDP) | CP Nov 2008 | 41,7 | 41,0 | 40,6 | 39,6 | 39,0 |
| COM Jan 2009 | 41,6 | 40,7 | 40,7 | 41,1 | n.a. |
| CP Nov 2007 | 39,8 | 39,5 | 38,1 | 37,1 | n.a. |
| General government expenditure
  (% of GDP) | CP Nov 2008 | 42,6 | 42,2 | 42,2 | 41,1 | 40,2 |
| COM Jan 2009 | 42,6 | 42,0 | 43,2 | 43,4 | n.a. |
| CP Nov 2007 | 43,3 | 42,4 | 40,7 | 39,4 | n.a. |
| General government balance
  (% of GDP) | CP Nov 2008 | – 1,0 | – 1,2 | – 1,6 | – 1,5 | – 1,2 |
| COM Jan 2009 | – 1,0 | – 1,2 | – 2,5 | – 2,3 | n.a. |
| CP Nov 2007 | – 3,4 | – 2,9 | – 2,6 | – 2,3 | n.a. |
| Primary balance
  (% of GDP) | CP Nov 2008 | 0,2 | 0,0 | – 0,3 | – 0,4 | – 0,1 |
| COM Jan 2009 | 0,2 | 0,0 | – 1,3 | – 1,1 | n.a. |
| CP Nov 2007 | – 2,3 | – 1,7 | – 1,3 | – 1,1 | n.a. |
| Cyclically-adjusted balance (4)

  (% of GDP) | CP Nov 2008 | – 2,0 | – 2,0 | – 1,7 | – 1,4 | – 1,1 |
| COM Jan 2009 | – 2,3 | – 2,4 | – 2,8 | – 1,9 | n.a. |
| CP Nov 2007 | – 4,1 | – 3,4 | – 2,8 | – 2,5 | n.a. |
| Structural balance (6)

  (% of GDP) | CP Nov 2008 | – 1,7 | – 1,9 | – 1,7 | – 1,3 | – 1,1 |
| COM Jan 2009 | – 2,1 | – 2,4 | – 2,8 | – 1,9 | n.a. |
| CP Nov 2007 | – 4,1 | – 3,4 | – 2,8 | – 2,5 | n.a. |
| Government gross debt
  (% of GDP) | CP Nov 2008 | 28,9 | 28,8 | 27,9 | 26,8 | 25,5 |
| COM Jan 2009 | 28,9 | 27,9 | 29,4 | 30,6 | n.a. |
| CP Nov 2007 | 30,4 | 30,3 | 30,2 | 30,0 | n.a. |
| Convergence programme (CP); Commission services' January 2009 interim forecasts (COM); Commission services' calculations. |

2007

2008

2009

2010

2011

Real GDP

(% change)

CP Nov 2008

6,6

4,4

3,7

4,4

5,2

COM Jan 2009

6,0

4,2

1,7

2,3

n.a.

CP Nov 2007

5,9

5,0

5,1

5,3

n.a.

HICP inflation

(%)

CP Nov 2008

3,0

6,4

2,9

3,0

2,5

COM Jan 2009

3,0

6,3

2,6

2,3

n.a.

CP Nov 2007

2,4

3,9

2,3

2,1

n.a.

Output gap (4)

(% of potential GDP)

CP Nov 2008

2,7

1,9

0,4

– 0,4

– 0,2

COM Jan 2009 (5)

3,7

3,4

0,7

– 1,1

n.a.

CP Nov 2007

1,8

1,4

0,7

0,5

n.a.

Net lending/borrowing vis-à-vis the rest of the world

(% of GDP)

CP Nov 2008

– 0,8

– 1,0

– 0,5

0,4

1,2

COM Jan 2009

– 0,8

– 0,3

– 0,8

– 1,1

n.a.

CP Nov 2007

– 2,4

– 1,6

– 0,4

1,5

n.a.

General government revenue

(% of GDP)

CP Nov 2008

41,7

41,0

40,6

39,6

39,0

COM Jan 2009

41,6

40,7

40,7

41,1

n.a.

CP Nov 2007

39,8

39,5

38,1

37,1

n.a.

General government expenditure

(% of GDP)

CP Nov 2008

42,6

42,2

42,2

41,1

40,2

COM Jan 2009

42,6

42,0

43,2

43,4

n.a.

CP Nov 2007

43,3

42,4

40,7

39,4

n.a.

General government balance

(% of GDP)

CP Nov 2008

– 1,0

– 1,2

– 1,6

– 1,5

– 1,2

COM Jan 2009

– 1,0

– 1,2

– 2,5

– 2,3

n.a.

CP Nov 2007

– 3,4

– 2,9

– 2,6

– 2,3

n.a.

Primary balance

(% of GDP)

CP Nov 2008

0,2

0,0

– 0,3

– 0,4

– 0,1

COM Jan 2009

0,2

0,0

– 1,3

– 1,1

n.a.

CP Nov 2007

– 2,3

– 1,7

– 1,3

– 1,1

n.a.

Cyclically-adjusted balance (4)

(% of GDP)

CP Nov 2008

– 2,0

– 2,0

– 1,7

– 1,4

– 1,1

COM Jan 2009

– 2,3

– 2,4

– 2,8

– 1,9

n.a.

CP Nov 2007

– 4,1

– 3,4

– 2,8

– 2,5

n.a.

Structural balance (6)

(% of GDP)

CP Nov 2008

– 1,7

– 1,9

– 1,7

– 1,3

– 1,1

COM Jan 2009

– 2,1

– 2,4

– 2,8

– 1,9

n.a.

CP Nov 2007

– 4,1

– 3,4

– 2,8

– 2,5

n.a.

Government gross debt

(% of GDP)

CP Nov 2008

28,9

28,8

27,9

26,8

25,5

COM Jan 2009

28,9

27,9

29,4

30,6

n.a.

CP Nov 2007

30,4

30,3

30,2

30,0

n.a.

Convergence programme (CP); Commission services' January 2009 interim forecasts (COM); Commission services' calculations.

---

(1)  OJ L 209, 2.8.1997, p. 1. The documents referred to in this text can be found at the following website:

http://ec.europa.eu/economy_finance/about/activities/sgp/main_en.htm

(2)  The assessment notably takes into account the Commission services' January 2009 forecast, but also other information that has become available since then.

(3)  In particular, the data on COFOG for 2011, liquid financial assets and net financial debt with respect to government debt, which have the effect of making the assessment objectively more difficult, are not provided.

(4)  Output gaps and cyclically-adjusted balances according to the programmes as recalculated by Commission services on the basis of the information in the programmes.

(5)  Based on estimated potential growth of 4,5 %, 4,5 %, 4,4 % and 4,2 % respectively in the period 2007-2010.

(6)  Cyclically-adjusted balance excluding one-off and other temporary measures. One-off and other temporary measures are 0,1 % of GDP in 2008 according to the most recent programme, which were allocated to the normal spending categories on the basis that the components are recurring elements of government expenditure and of a small scale in the Commission services' January interim forecast.

Source:

Convergence programme (CP); Commission services' January 2009 interim forecasts (COM); Commission services' calculations.

---

II Information

INFORMATION FROM EUROPEAN UNION INSTITUTIONS AND BODIES

Commission

| 17.3.2009 | EN | Official Journal of the European Union | C 62/11 |
| --- | --- | --- | --- |

17.3.2009

EN

Official Journal of the European Union

C 62/11

---

Authorisation for State aid pursuant to Articles 87 and 88 of the EC Treaty

Cases where the Commission raises no objections

(Text with EEA relevance)

(2009/C 62/03)

| Date of adoption of the decision | 27.2.2009 |
| --- | --- |
| Reference number of the aid | N 23/08 |
| Member State | France |
| Region | — |
| Title (and/or name of the beneficiary) | Régime temporaire relatif aux aides sous forme de garanties |
| Legal basis | Article 20 de la constitution du 4 octobre 1958; articles L. 2251-1, L. 3231-1, L. 4211-1, L. 2252-1, L. 3231-4, L. 4253-1, L. 5111-4, L. 2253-7, L. 3231-7, L. 4253-3 et L. 4211-1 du code général des collectivités territoriales; circulaire du ministre de l'intérieur du 3 juillet 2006 sur la mise en œuvre de la loi du 13 août 2004 relative aux libertés et responsabilités locales en ce qui concerne les interventions économiques des collectivités territoriales et de leurs groupements et ses annexes; circulaire du Premier ministre du 26 janvier 2006 rappelant la réglementation communautaire de la concurrence applicable aux aides publiques aux entreprises; circulaires DIACT du 30 novembre 2007 et du 24 décembre 2008 relatives à l'application de la règlementation des aides publiques aux entreprises |
| Type of measure | Aid scheme |
| Objective | Aid to remedy serious disturbances in the economy |
| Form of aid | — |
| Budget | — |
| Intensity | — |
| Duration | Until 31.12.2010 |
| Economic sectors | All sectors |
| Name and address of the granting authority | — |
| Other information | — |

Date of adoption of the decision

27.2.2009

Reference number of the aid

N 23/08

Member State

France

Region

—

Title (and/or name of the beneficiary)

Régime temporaire relatif aux aides sous forme de garanties

Legal basis

Article 20 de la constitution du 4 octobre 1958; articles L. 2251-1, L. 3231-1, L. 4211-1, L. 2252-1, L. 3231-4, L. 4253-1, L. 5111-4, L. 2253-7, L. 3231-7, L. 4253-3 et L. 4211-1 du code général des collectivités territoriales; circulaire du ministre de l'intérieur du 3 juillet 2006 sur la mise en œuvre de la loi du 13 août 2004 relative aux libertés et responsabilités locales en ce qui concerne les interventions économiques des collectivités territoriales et de leurs groupements et ses annexes; circulaire du Premier ministre du 26 janvier 2006 rappelant la réglementation communautaire de la concurrence applicable aux aides publiques aux entreprises; circulaires DIACT du 30 novembre 2007 et du 24 décembre 2008 relatives à l'application de la règlementation des aides publiques aux entreprises

Type of measure

Aid scheme

Objective

Aid to remedy serious disturbances in the economy

Form of aid

—

Budget

—

Intensity

—

Duration

Until 31.12.2010

Economic sectors

All sectors

Name and address of the granting authority

—

Other information

—

The authentic text(s) of the decision, from which all confidential information has been removed, can be found at:

http://ec.europa.eu/community_law/state_aids/

| Date of adoption of the decision | 18.12.2008 |
| --- | --- |
| Reference number of the aid | N 344/08 |
| Member State | Netherlands |
| Region | Groot Amsterdam |
| Title (and/or name of the beneficiary) | Life Sciences Fund Amsterdam BV i.o. |
| Legal basis | Gemeentewet (artikel 160), Provinciewet (artikel 158), Fund and Management Agreement — Life Sciences Fund Amsterdam B.V. |
| Type of measure | Aid scheme |
| Objective | Risk capital, Research and development, Small and medium-sized enterprises |
| Form of aid | Provision of risk capital |
| Budget | Overall budget: EUR 7 million |
| Intensity | — |
| Duration | Until 14.12.2019 |
| Economic sectors | Manufacturing industry |
| Name and address of the granting authority | Gemeente Amsterdam |
| Amstel 1 |
| Postbus 202 |
| 1000 AE, Amsterdam |
| NEDERLAND |

Date of adoption of the decision

18.12.2008

Reference number of the aid

N 344/08

Member State

Netherlands

Region

Groot Amsterdam

Title (and/or name of the beneficiary)

Life Sciences Fund Amsterdam BV i.o.

Legal basis

Gemeentewet (artikel 160), Provinciewet (artikel 158), Fund and Management Agreement — Life Sciences Fund Amsterdam B.V.

Type of measure

Aid scheme

Objective

Risk capital, Research and development, Small and medium-sized enterprises

Form of aid

Provision of risk capital

Budget

Overall budget: EUR 7 million

Intensity

—

Duration

Until 14.12.2019

Economic sectors

Manufacturing industry

Name and address of the granting authority

Gemeente Amsterdam

Amstel 1

Postbus 202

1000 AE, Amsterdam

NEDERLAND

Other information

—

The authentic text(s) of the decision, from which all confidential information has been removed, can be found at:

http://ec.europa.eu/community_law/state_aids/

| Date of adoption of the decision | 11.2.2009 |
| --- | --- |
| Reference number of the aid | N 426/08 |
| Member State | Latvia |
| Region | 87(3)(a) |
| Title (and/or name of the beneficiary) | Pasakumi centralizetas siltumapgades sistemu efektivitates paaugstinašanai |
| Legal basis | Darbibas programmas „Infrastruktura un pakalpojumi“ papildinajums (576.-581.rindkopa); Eiropas Savienibas strukturfondu un Kohezijas fonda vadibas likums (Publicets: „Latvijas Vestnesis“ 33 (3609) 23.02.2007); Ministru kabineta noteikumu „Noteikumi par darbibas programmas „Infrastruktura un pakalpojumi“ papildinajuma 3.5.2.1. aktivitati „Pasakumi centralizetas siltumapgades sistemu efektivitates paaugstinašanai““ projekts |
| Type of measure | Aid scheme |
| Objective | Regional development |
| Form of aid | Direct grant |
| Budget | Overall budget: LVL 42,32 million |
| Intensity | 50 % |
| Duration | Until 31.12.2013 |
| Economic sectors | Energy |
| Name and address of the granting authority | Valsts agentura „Buvniecibas, energetikas un majoklu valsts agentura“ |
| Mucenieku iela 3 |
| Riga, LV-1050 |
| LATVIJA |

Date of adoption of the decision

11.2.2009

Reference number of the aid

N 426/08

Member State

Latvia

Region

87(3)(a)

Title (and/or name of the beneficiary)

Pasakumi centralizetas siltumapgades sistemu efektivitates paaugstinašanai

Legal basis

Darbibas programmas „Infrastruktura un pakalpojumi“ papildinajums (576.-581.rindkopa); Eiropas Savienibas strukturfondu un Kohezijas fonda vadibas likums (Publicets: „Latvijas Vestnesis“ 33 (3609) 23.02.2007); Ministru kabineta noteikumu „Noteikumi par darbibas programmas „Infrastruktura un pakalpojumi“ papildinajuma 3.5.2.1. aktivitati „Pasakumi centralizetas siltumapgades sistemu efektivitates paaugstinašanai““ projekts

Type of measure

Aid scheme

Objective

Regional development

Form of aid

Direct grant

Budget

Overall budget: LVL 42,32 million

Intensity

50 %

Duration

Until 31.12.2013

Economic sectors

Energy

Name and address of the granting authority

Valsts agentura „Buvniecibas, energetikas un majoklu valsts agentura“

Mucenieku iela 3

Riga, LV-1050

LATVIJA

Other information

—

The authentic text(s) of the decision, from which all confidential information has been removed, can be found at:

http://ec.europa.eu/community_law/state_aids/

| Date of adoption of the decision | 11.2.2009 |
| --- | --- |
| Reference number of the aid | N 428/08 |
| Member State | Latvia |
| Region | 87(3)(a) |
| Title (and/or name of the beneficiary) | Atjaunojamo energoresursu izmantojošu kogeneracijas elektrostaciju attistiba |
| Legal basis | Darbibas programmas „Infrastruktura un pakalpojumi“ papildinajums (582.-587.rindkopa); Eiropas Savienibas strukturfondu un Kohezijas fonda vadibas likums (Publicets: „Latvijas Vestnesis“ 33 (3609) 23.02.2007); Ministru kabineta noteikumu „Noteikumi par darbibas programmas „Infrastruktura un pakalpojumi“ papildinajuma 3.5.2.2. aktivitati „Atjaunojamo energoresursu izmantojošu kogeneracijas elektrostaciju attistiba““ projekts |
| Type of measure | Aid scheme |
| Objective | Regional development |
| Form of aid | Direct grant |
| Budget | Overall budget: LVL 17,34 million |
| Intensity | 50 % |
| Duration | Until 31.12.2013 |
| Economic sectors | Energy |
| Name and address of the granting authority | Valsts agentura „Buvniecibas, energetikas un majoklu valsts agentura“ |
| Mucenieku iela 3 |
| Riga, LV-1050 |
| LATVIJA |

Date of adoption of the decision

11.2.2009

Reference number of the aid

N 428/08

Member State

Latvia

Region

87(3)(a)

Title (and/or name of the beneficiary)

Atjaunojamo energoresursu izmantojošu kogeneracijas elektrostaciju attistiba

Legal basis

Darbibas programmas „Infrastruktura un pakalpojumi“ papildinajums (582.-587.rindkopa); Eiropas Savienibas strukturfondu un Kohezijas fonda vadibas likums (Publicets: „Latvijas Vestnesis“ 33 (3609) 23.02.2007); Ministru kabineta noteikumu „Noteikumi par darbibas programmas „Infrastruktura un pakalpojumi“ papildinajuma 3.5.2.2. aktivitati „Atjaunojamo energoresursu izmantojošu kogeneracijas elektrostaciju attistiba““ projekts

Type of measure

Aid scheme

Objective

Regional development

Form of aid

Direct grant

Budget

Overall budget: LVL 17,34 million

Intensity

50 %

Duration

Until 31.12.2013

Economic sectors

Energy

Name and address of the granting authority

Valsts agentura „Buvniecibas, energetikas un majoklu valsts agentura“

Mucenieku iela 3

Riga, LV-1050

LATVIJA

Other information

—

The authentic text(s) of the decision, from which all confidential information has been removed, can be found at:

http://ec.europa.eu/community_law/state_aids/

| Date of adoption of the decision | 15.12.2008 |
| --- | --- |
| Reference number of the aid | N 431/08 |
| Member State | Germany |
| Region | — |
| Title (and/or name of the beneficiary) | Luftfahrtforschungsprogramm |
| Legal basis | Haushaltsgesetz des Bundes, Bundeshaushalt 2008: Kapitel 0902; Titel 68394, 89294: Forschungsförderung von Technologievorhaben der zivilen Luftfahrt in Verbindung mit den Haushaltsgesetzen der Länder Förderung von Forschungs- und Technologievorhaben sowie Integrierter Technologieprojekte im Rahmen des nationalen Luftfahrtforschungsprogramms —Zweiter Programmaufruf (2009-2012)— Veröffentlicht im Bundesanzeiger Nr. 236 vom 18. Dezember 2007(S. 8288); der Programmaufruf enthält eine Stillhal |
| Type of measure | Aid scheme |
| Objective | Research and development |
| Form of aid | Direct grant |
| Budget | Annual budget: EUR 190 million
  Overall budget: EUR 950 million |
| Intensity | 80 % |
| Duration | Until 31.12.2013 |
| Economic sectors | Manufacturing industry |
| Name and address of the granting authority | Projektträger Luftfahrtforschung — DLR, PT-LF Königswintererstraße 522-524 |
| 53227 Bonn-Oberkassel |
| DEUTSCHLAND |

Date of adoption of the decision

15.12.2008

Reference number of the aid

N 431/08

Member State

Germany

Region

—

Title (and/or name of the beneficiary)

Luftfahrtforschungsprogramm

Legal basis

Haushaltsgesetz des Bundes, Bundeshaushalt 2008: Kapitel 0902; Titel 68394, 89294: Forschungsförderung von Technologievorhaben der zivilen Luftfahrt in Verbindung mit den Haushaltsgesetzen der Länder Förderung von Forschungs- und Technologievorhaben sowie Integrierter Technologieprojekte im Rahmen des nationalen Luftfahrtforschungsprogramms —Zweiter Programmaufruf (2009-2012)— Veröffentlicht im Bundesanzeiger Nr. 236 vom 18. Dezember 2007(S. 8288); der Programmaufruf enthält eine Stillhal

Type of measure

Aid scheme

Objective

Research and development

Form of aid

Direct grant

Budget

Annual budget: EUR 190 million

Overall budget: EUR 950 million

Intensity

80 %

Duration

Until 31.12.2013

Economic sectors

Manufacturing industry

Name and address of the granting authority

Projektträger Luftfahrtforschung — DLR, PT-LF Königswintererstraße 522-524

53227 Bonn-Oberkassel

DEUTSCHLAND

Other information

—

The authentic text(s) of the decision, from which all confidential information has been removed, can be found at:

http://ec.europa.eu/community_law/state_aids/

---

| 17.3.2009 | EN | Official Journal of the European Union | C 62/15 |
| --- | --- | --- | --- |

17.3.2009

EN

Official Journal of the European Union

C 62/15

---

Non-opposition to a notified concentration

(Case COMP/M.5409 — Strabag/Kemna/Wellmann)

(Text with EEA relevance)

(2009/C 62/04)

On 4 March 2009, the Commission decided not to oppose the above notified concentration and to declare it compatible with the common market. This decision is based on Article 6(1)(b) of Council Regulation (EC) No 139/2004. The full text of the decision is available only in German and will be made public after it is cleared of any business secrets it may contain. It will be available:

| — | from the Europa competition website (http://ec.europa.eu/comm/competition/mergers/cases/). This website provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes, |
| --- | --- |

—

from the Europa competition website (http://ec.europa.eu/comm/competition/mergers/cases/). This website provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes,

| — | in electronic form on the EUR-Lex website under document number 32009M5049. EUR-Lex is the on-line access to European law (http://eur-lex.europa.eu). |
| --- | --- |

—

in electronic form on the EUR-Lex website under document number 32009M5049. EUR-Lex is the on-line access to European law (http://eur-lex.europa.eu).

---

IV Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS AND BODIES

Council

| 17.3.2009 | EN | Official Journal of the European Union | C 62/16 |
| --- | --- | --- | --- |

17.3.2009

EN

Official Journal of the European Union

C 62/16

---

Council conclusions of 27 November 2008 on a concerted work strategy and practical measures against cybercrime

(2009/C 62/05)

THE COUNCIL OF THE EUROPEAN UNION,

NOTING THAT:

| — | one of the objectives of the European Union is to gradually set up an area for Justice, Liberty and Security by establishing joint actions by the Member States in the sphere of police and judicial co-operation, |
| --- | --- |

—

one of the objectives of the European Union is to gradually set up an area for Justice, Liberty and Security by establishing joint actions by the Member States in the sphere of police and judicial co-operation,

| — | protecting Europeans is one of Europe's basic tasks. Accordingly, the Union must be in a position to detect emerging forms of crime and to adapt its action so that responses are set up rapidly, |
| --- | --- |

—

protecting Europeans is one of Europe's basic tasks. Accordingly, the Union must be in a position to detect emerging forms of crime and to adapt its action so that responses are set up rapidly,

| — | in recent years, there has been a continual increase in offences observed on the Internet which are increasingly transnational, as the Internet removes all borders, |
| --- | --- |

—

in recent years, there has been a continual increase in offences observed on the Internet which are increasingly transnational, as the Internet removes all borders,

| — | the priority given to a strategy aiming at combating organised crime and computer crime was set at the European Council meeting in Tampere in October 1999. Since then, it has been confirmed by the considerable amount of work carried out by European institutions, particularly with the Commission's communication of 22 May 2007 to the European Parliament, the Council and the Committee of the Regions: ‘Towards An Overall Policy Against Cybercrime’ and the Framework Decision 2005/222/JHA of 24 February 2005 on attacks against information systems (1), which the Commission intends to update in 2009, |
| --- | --- |

—

the priority given to a strategy aiming at combating organised crime and computer crime was set at the European Council meeting in Tampere in October 1999. Since then, it has been confirmed by the considerable amount of work carried out by European institutions, particularly with the Commission's communication of 22 May 2007 to the European Parliament, the Council and the Committee of the Regions: ‘Towards An Overall Policy Against Cybercrime’ and the Framework Decision 2005/222/JHA of 24 February 2005 on attacks against information systems (1), which the Commission intends to update in 2009,

| — | by 15 September 2010 at the latest, the Commission will carry out an assessment on the implementation of Directive 2006/24/CE of the European Parliament and of the Council of 15 March 2006, regarding data retention, |
| --- | --- |

—

by 15 September 2010 at the latest, the Commission will carry out an assessment on the implementation of Directive 2006/24/CE of the European Parliament and of the Council of 15 March 2006, regarding data retention,

| — | the Commission and the Council of Europe have already achieved work in order to strengthen the partnership between public authorities and the private sector to combat cybercrime, |
| --- | --- |

—

the Commission and the Council of Europe have already achieved work in order to strengthen the partnership between public authorities and the private sector to combat cybercrime,

| — | the Commission will present a communication on future priorities in the fields of Liberty, Security and Justice in Europe which will prefigure the next long-term programme (2010-2014) and which should deal with the fight against cybercrime, |
| --- | --- |

—

the Commission will present a communication on future priorities in the fields of Liberty, Security and Justice in Europe which will prefigure the next long-term programme (2010-2014) and which should deal with the fight against cybercrime,

| — | the Council's adoption of the conclusions on the establishment of national mechanisms enabling a European platform for reporting offences noted on the Internet (2) expresses this intention to reinforce law enforcement co-operation by providing law enforcement agencies with significant and effective resources, |
| --- | --- |

—

the Council's adoption of the conclusions on the establishment of national mechanisms enabling a European platform for reporting offences noted on the Internet (2) expresses this intention to reinforce law enforcement co-operation by providing law enforcement agencies with significant and effective resources,

| — | finally, the development of a comprehensive programme against cybercrime appears to be the most appropriate working method at Union level if we are to find solutions to all the issues which arise on the subject, or which are likely to arise in the near future, and to monitor their implementation, |
| --- | --- |

—

finally, the development of a comprehensive programme against cybercrime appears to be the most appropriate working method at Union level if we are to find solutions to all the issues which arise on the subject, or which are likely to arise in the near future, and to monitor their implementation,

THE COUNCIL:

| 1. | CONSIDERS that it is important to combat the various elements of cybercrime and to invite the Member States and the Commission to determine a joint working strategy, taking into account the content of the Council of Europe Convention on cybercrime.
  The purpose of this strategy should be to make it possible to cope even more effectively with the multiple crimes committed by means of electronic networks. These take forms as worrying as child pornography, any form of sexual violence, and any act of terrorism — as defined by the Framework Decision 2002/475/JAI of 13 June 2002.
  It should also contribute to responding to the specific threats weighing on electronic networks (large-scale attacks against information systems).
  Finally, this strategy should tackle the means of combating the traditional forms of crime committed via the Internet, such as identity fraud, identity theft, fraudulent sales, financial offences, illicit trading on the Internet, particularly narcotics and arms dealing. |
| --- | --- |

1.

CONSIDERS that it is important to combat the various elements of cybercrime and to invite the Member States and the Commission to determine a joint working strategy, taking into account the content of the Council of Europe Convention on cybercrime.

The purpose of this strategy should be to make it possible to cope even more effectively with the multiple crimes committed by means of electronic networks. These take forms as worrying as child pornography, any form of sexual violence, and any act of terrorism — as defined by the Framework Decision 2002/475/JAI of 13 June 2002.

It should also contribute to responding to the specific threats weighing on electronic networks (large-scale attacks against information systems).

Finally, this strategy should tackle the means of combating the traditional forms of crime committed via the Internet, such as identity fraud, identity theft, fraudulent sales, financial offences, illicit trading on the Internet, particularly narcotics and arms dealing.

| 2. | CONSIDERS that the search for an effective response to these various threats in relation to electronic networks must be met by such horizontal measures as:






  (a) | strengthening the partnership between public authorities and the private sector so as to jointly design methods for detecting and preventing damage caused by criminal activities and for victimised companies to transmit relevant information concerning the frequency of offences suffered to the law enforcement agencies. In particular, it is recommended that the Commission work on the details of the guidelines adopted by the Conference on Global Co-operation Against Cybercrime, which met under the auspices of the Council of Europe on 1 and 2 April 2008, and which aimed at improving the partnership between public authorities and the private sector in the fight against cybercrime. In this context, the Council notes the recommendations made after the meeting of experts organised by the Commission on 25 and 26 September this year, attached in appendix; |
| --- | --- | --- |

2.

CONSIDERS that the search for an effective response to these various threats in relation to electronic networks must be met by such horizontal measures as:

(a)

strengthening the partnership between public authorities and the private sector so as to jointly design methods for detecting and preventing damage caused by criminal activities and for victimised companies to transmit relevant information concerning the frequency of offences suffered to the law enforcement agencies. In particular, it is recommended that the Commission work on the details of the guidelines adopted by the Conference on Global Co-operation Against Cybercrime, which met under the auspices of the Council of Europe on 1 and 2 April 2008, and which aimed at improving the partnership between public authorities and the private sector in the fight against cybercrime. In this context, the Council notes the recommendations made after the meeting of experts organised by the Commission on 25 and 26 September this year, attached in appendix;

| (b) | improving knowledge and training among stakeholders involved in the fight against cybercrime in Europe. In particular, setting up a network of Heads of police against cybercrime would be appropriate. This initiative would indeed supplement the work undertaken by active expert groups in this field, which will not only take into account the future risks, but also the procedures for urgent actions with regard to severe incidents, similarly to the group set up under the auspices of Europol, or by the Joint Research Centres, set up by the Commission; |
| --- | --- |

(b)

improving knowledge and training among stakeholders involved in the fight against cybercrime in Europe. In particular, setting up a network of Heads of police against cybercrime would be appropriate. This initiative would indeed supplement the work undertaken by active expert groups in this field, which will not only take into account the future risks, but also the procedures for urgent actions with regard to severe incidents, similarly to the group set up under the auspices of Europol, or by the Joint Research Centres, set up by the Commission;

| (c) | reinforcing technical and international co-operation with third countries, which must increasingly cope with this criminal scourge, as well as technical assistance. |
| --- | --- |

(c)

reinforcing technical and international co-operation with third countries, which must increasingly cope with this criminal scourge, as well as technical assistance.

| 3. | INVITES, from this viewpoint, the Member States and the Commission to introduce measures based on case studies, particularly taking into account technological developments, so as to prepare tools for operational use, in the short and medium term, such as:






  (a) | in the short term:






  — | setting up a European platform aimed at reporting criminal acts committed on Internet, |
| --- | --- | --- | --- |

3.

INVITES, from this viewpoint, the Member States and the Commission to introduce measures based on case studies, particularly taking into account technological developments, so as to prepare tools for operational use, in the short and medium term, such as:

(a)

in the short term:

—

setting up a European platform aimed at reporting criminal acts committed on Internet,

| — | drafting, in consultation with private operators, of a European agreement model for co-operation between law enforcement agencies and private operators, |
| --- | --- |

—

drafting, in consultation with private operators, of a European agreement model for co-operation between law enforcement agencies and private operators,

| — | finding a description of what is meant by identity fraud on the Internet, in compliance with domestic laws, |
| --- | --- |

—

finding a description of what is meant by identity fraud on the Internet, in compliance with domestic laws,

| — | setting up national frameworks and exchanging best practice regarding cyberpatrols, which is a modern tool against crime on Internet, enabling information on nicknames to be shared on a European scale in accordance with domestic laws on the data exchange, |
| --- | --- |

—

setting up national frameworks and exchanging best practice regarding cyberpatrols, which is a modern tool against crime on Internet, enabling information on nicknames to be shared on a European scale in accordance with domestic laws on the data exchange,

| — | resorting to joint investigation and enquiry teams, |
| --- | --- |

—

resorting to joint investigation and enquiry teams,

| — | finding a solution to the problems caused by electronic networks roaming and by the anonymous character of prepaid telecommunication products; |
| --- | --- |

—

finding a solution to the problems caused by electronic networks roaming and by the anonymous character of prepaid telecommunication products;

| (b) | in the medium term:






  — | exchanging on the mechanisms for blocking and/or closing down child pornography sites in Member States. Service providers should be encouraged to adopt these measures. If necessary, the European platform could be a tool for establishing a common blacklist, |
| --- | --- | --- |

(b)

in the medium term:

—

exchanging on the mechanisms for blocking and/or closing down child pornography sites in Member States. Service providers should be encouraged to adopt these measures. If necessary, the European platform could be a tool for establishing a common blacklist,

| — | facilitating remote searches if provided for under national law, enabling investigation teams to have rapid access to information, with the agreement of the host country, |
| --- | --- |

—

facilitating remote searches if provided for under national law, enabling investigation teams to have rapid access to information, with the agreement of the host country,

| — | developing temporary definitions of categories of offences and statistical indicators to encourage the collection of comparable statistics on the various forms of cybercrime, taking into account the work that the European Union is presently doing in this field. |
| --- | --- |

—

developing temporary definitions of categories of offences and statistical indicators to encourage the collection of comparable statistics on the various forms of cybercrime, taking into account the work that the European Union is presently doing in this field.

| 4. | INVITES the Commission to assess the progress made in preparing the implementation of the actions provided for in the above mentioned points 2 and 3. Consequently, requests the Member States to inform it of the contributions they make. |
| --- | --- |

4.

INVITES the Commission to assess the progress made in preparing the implementation of the actions provided for in the above mentioned points 2 and 3. Consequently, requests the Member States to inform it of the contributions they make.

| 5. | CALLS for the setting up of additional measures in the longer term within the scope of the next long-term JLS programme (2010-2014). |
| --- | --- |

5.

CALLS for the setting up of additional measures in the longer term within the scope of the next long-term JLS programme (2010-2014).

---

(1)  OJ L 69, 16.3.2005, p. 67.

(2)  Doc. 13243/08 ENFOPOL 162 CRIMORG 140.

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ANNEX

| 1. | Law enforcement authorities and the private sector (1) should be encouraged to engage in operational and strategic information exchange to strengthen their capacity to identify and combat emerging types of cybercrime. Law enforcement authorities should be encouraged to inform service providers about cybercrime trends. |
| --- | --- |

1.

Law enforcement authorities and the private sector (1) should be encouraged to engage in operational and strategic information exchange to strengthen their capacity to identify and combat emerging types of cybercrime. Law enforcement authorities should be encouraged to inform service providers about cybercrime trends.

| 2. | In particular, the Member States are encouraged to set up standardised system for trusted operational and strategic information exchange between law enforcement and the private sector. Essential components of such a system include the following structures and procedures: |
| --- | --- |

2.

In particular, the Member States are encouraged to set up standardised system for trusted operational and strategic information exchange between law enforcement and the private sector. Essential components of such a system include the following structures and procedures:

| 3. | Permanent contact points: Law enforcement permanent contact points — and private sector equivalents — should be established in order to improve the clarity and efficiency of request and response processes. The private sector equivalent should also provide an ‘out of hours’ service in order to respond to urgent law enforcement requests. The qualification of ‘urgent’ should be agreed between law enforcement and the private sector. |
| --- | --- |

3.

Permanent contact points: Law enforcement permanent contact points — and private sector equivalents — should be established in order to improve the clarity and efficiency of request and response processes. The private sector equivalent should also provide an ‘out of hours’ service in order to respond to urgent law enforcement requests. The qualification of ‘urgent’ should be agreed between law enforcement and the private sector.

| 4. | The private sector and law enforcement are encouraged to assist each other with education, training and other support on their services and operations. |
| --- | --- |

4.

The private sector and law enforcement are encouraged to assist each other with education, training and other support on their services and operations.

| 5. | Standard Request Form: At the national level, and if possible with 3rd countries, law enforcement should standardise and structure the form used for sending requests and for responding to requests. The private sector should use the latter form when responding to law enforcement requests. As a minimum, requests from law enforcement should be in writing, preferably in electronic format, and contain the following information:






  — | reference number, |
| --- | --- | --- |

5.

Standard Request Form: At the national level, and if possible with 3rd countries, law enforcement should standardise and structure the form used for sending requests and for responding to requests. The private sector should use the latter form when responding to law enforcement requests. As a minimum, requests from law enforcement should be in writing, preferably in electronic format, and contain the following information:

—

reference number,

| — | reference to legal basis, |
| --- | --- |

—

reference to legal basis,

| — | the specific data requested, |
| --- | --- |

—

the specific data requested,

| — | time zone, |
| --- | --- |

—

time zone,

| — | information to verify the source of the request. |
| --- | --- |

—

information to verify the source of the request.

| 6. | Request Prioritisation Levels: A system for prioritization of law enforcement requests to the private sector should be agreed by law enforcement and the private sector. |
| --- | --- |

6.

Request Prioritisation Levels: A system for prioritization of law enforcement requests to the private sector should be agreed by law enforcement and the private sector.

| 7. | Law enforcement and the private sector should be mindful of the costs involved in creating and responding to requests. Procedures should be developed with consideration of the financial impact of these activities and issues of cost reimbursement or fair compensation to relevant parties should be considered. |
| --- | --- |

7.

Law enforcement and the private sector should be mindful of the costs involved in creating and responding to requests. Procedures should be developed with consideration of the financial impact of these activities and issues of cost reimbursement or fair compensation to relevant parties should be considered.

| 8. | The European Commission, Member States and private sector stakeholders are called upon to facilitate the exchange of best practices in respect of points 1-7 above, with a view to bringing national mechanisms closer together and, at term, the creation of a system for exchange of operational and strategic information at EU-level. |
| --- | --- |

8.

The European Commission, Member States and private sector stakeholders are called upon to facilitate the exchange of best practices in respect of points 1-7 above, with a view to bringing national mechanisms closer together and, at term, the creation of a system for exchange of operational and strategic information at EU-level.

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(1)  The term ‘private sector’ includes not only private sector companies, but also other relevant stakeholders in the information and communication technologies industry (ICTs) including computer emergency response teams (CERTs).

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Commission

| 17.3.2009 | EN | Official Journal of the European Union | C 62/19 |
| --- | --- | --- | --- |

17.3.2009

EN

Official Journal of the European Union

C 62/19

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Euro exchange rates (1)

16 March 2009

(2009/C 62/06)

1 euro=

| | Currency | Exchange rate |
| --- | --- | --- |
| USD | US dollar | 1,3042 |
| JPY | Japanese yen | 128,51 |
| DKK | Danish krone | 7,4563 |
| GBP | Pound sterling | 0,92055 |
| SEK | Swedish krona | 10,9869 |
| CHF | Swiss franc | 1,5421 |
| ISK | Iceland króna | |
| NOK | Norwegian krone | 8,7650 |
| BGN | Bulgarian lev | 1,9558 |
| CZK | Czech koruna | 26,523 |
| EEK | Estonian kroon | 15,6466 |
| HUF | Hungarian forint | 295,53 |
| LTL | Lithuanian litas | 3,4528 |
| LVL | Latvian lats | 0,7075 |
| PLN | Polish zloty | 4,4330 |
| RON | Romanian leu | 4,2860 |
| TRY | Turkish lira | 2,2067 |
| AUD | Australian dollar | 1,9679 |
| CAD | Canadian dollar | 1,6534 |
| HKD | Hong Kong dollar | 10,1109 |
| NZD | New Zealand dollar | 2,4568 |
| SGD | Singapore dollar | 1,9972 |
| KRW | South Korean won | 1 852,79 |
| ZAR | South African rand | 12,9043 |
| CNY | Chinese yuan renminbi | 8,9183 |
| HRK | Croatian kuna | 7,4347 |
| IDR | Indonesian rupiah | 15 585,19 |
| MYR | Malaysian ringgit | 4,7897 |
| PHP | Philippine peso | 63,050 |
| RUB | Russian rouble | 45,1465 |
| THB | Thai baht | 46,710 |
| BRL | Brazilian real | 2,9706 |
| MXN | Mexican peso | 18,7348 |
| INR | Indian rupee | 67,0360 |

Currency

Exchange rate

USD

US dollar

1,3042

JPY

Japanese yen

128,51

DKK

Danish krone

7,4563

GBP

Pound sterling

0,92055

SEK

Swedish krona

10,9869

CHF

Swiss franc

1,5421

ISK

Iceland króna

NOK

Norwegian krone

8,7650

BGN

Bulgarian lev

1,9558

CZK

Czech koruna

26,523

EEK

Estonian kroon

15,6466

HUF

Hungarian forint

295,53

LTL

Lithuanian litas

3,4528

LVL

Latvian lats

0,7075

PLN

Polish zloty

4,4330

RON

Romanian leu

4,2860

TRY

Turkish lira

2,2067

AUD

Australian dollar

1,9679

CAD

Canadian dollar

1,6534

HKD

Hong Kong dollar

10,1109

NZD

New Zealand dollar

2,4568

SGD

Singapore dollar

1,9972

KRW

South Korean won

1 852,79

ZAR

South African rand

12,9043

CNY

Chinese yuan renminbi

8,9183

HRK

Croatian kuna

7,4347

IDR

Indonesian rupiah

15 585,19

MYR

Malaysian ringgit

4,7897

PHP

Philippine peso

63,050

RUB

Russian rouble

45,1465

THB

Thai baht

46,710

BRL

Brazilian real

2,9706

MXN

Mexican peso

18,7348

INR

Indian rupee

67,0360

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(1)

Source: reference exchange rate published by the ECB.

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V Announcements

PROCEDURES RELATING TO THE IMPLEMENTATION OF THE COMMON COMMERCIAL POLICY

Commission

| 17.3.2009 | EN | Official Journal of the European Union | C 62/20 |
| --- | --- | --- | --- |

17.3.2009

EN

Official Journal of the European Union

C 62/20

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Notice concerning preferential agreements providing for diagonal cumulation of origin between the Community, Western Balkan countries and Turkey

(2009/C 62/07)

In the framework of the Stabilization and Association Process (SAP), the European Community negotiated Stabilization and Association Agreements (SAA) with Western Balkan countries (Albania, Bosnia and Herzegovina, Croatia, the former Yugoslav Republic of Macedonia, Montenegro, Serbia). The SAAs with Croatia and the former Yugoslav Republic of Macedonia have entered into force. Pending the entry into force of SAAs, Interim Agreements on trade and trade-related matters with Albania, Bosnia and Herzegovina and Montenegro are applicable.

Articles 3 and 4 of the Protocols concerning the definition of the concept of ‘originating products’ and methods of administrative cooperation to the SAA or Interim Agreement concluded between the European Community and respectively Albania (1), Bosnia and Herzegovina, the former Yugoslav Republic of Macedonia (2) and Montenegro provide for diagonal cumulation of origin between the parties concerned (3) and, for the products covered by Decision No 1/95 of the EC-Turkey Joint Committee, Turkey (4).

Under paragraph 4 of the above-mentioned articles, the Community and the countries concerned notify each other, through the European Commission, of agreements and associated origin rules in force with the other countries. The European Commission then publishes in the ‘C’ series of the Official Journal of the European Union the date on which the diagonal cumulation provided for in these Articles applies for products meeting the required conditions. Such is the purpose of the present notice.

It is recalled that cumulation can only be applied if the countries of final manufacture and of final destination have concluded free trade agreements, containing identical rules of origin, with all the countries participating in the acquisition of originating status, i.e. with all the countries in which all the materials used originate. Materials originating in a country which has not concluded an agreement with the countries of final manufacture and of final destination must be treated as non-originating.

The table below shows the situation between the countries involved in such cumulation, specifying the dates of entry into force of the associated origin protocols and amendments thereto. Diagonal cumulation may apply where the country of final destination is a Member State of the European Community or, for the products included in Decision No 1/95 of the EC-Turkey Joint Committee, Turkey.

The ISO-Alpha-2 codes for countries listed in the table are given here below:

| — | Albania |
| --- | --- |

—

Albania

AL

| — | Bosnia and Herzegovina |
| --- | --- |

—

Bosnia and Herzegovina

BA

| — | The former Yugoslav Republic of Macedonia |
| --- | --- |

—

The former Yugoslav Republic of Macedonia

MK (5)

| — | Montenegro |
| --- | --- |

—

Montenegro

ME

| — | Serbia |
| --- | --- |

—

Serbia

RS

| — | Turkey |
| --- | --- |

—

Turkey

TR

This notice will be updated when needed.

Date of application of the protocols on rules of origin providing for diagonal cumulation between the Community, Albania, Bosnia and Herzegovina, the former Yugoslav Republic of Macedonia, Montenegro, Serbia and Turkey

| | EU | TR (6) |
| --- | --- | --- |
| AL | 1.1.2007 | |
| BA | 1.7.2008 | |
| MK | 1.1.2007 | |
| ME | 1.1.2008 | |
| RS | — | |
| Legend:






  — | Interim agreement not yet entered into force. |

EU

TR (6)

AL

1.1.2007

BA

1.7.2008

MK

1.1.2007

ME

1.1.2008

RS

—

Legend:

—

Interim agreement not yet entered into force.

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(1)  Protocol as replaced by Annex VII to the Protocol to the Interim Agreement to take account of the accession of Bulgaria and Romania to the European Union.

(2)  Protocol as replaced by Annex IX to the Protocol to the SAA to take account of the accession of Bulgaria and Romania to the European Union.

(3)  The Protocol to the SAA with Croatia concerning the definition of the concept of ‘originating products’ and methods of administrative cooperation (as replaced by Annex X to the Protocol to take account of the accession of Bulgaria and Romania) does not provide for diagonal cumulation. The Interim Agreement with Serbia is not yet implemented. Trade with the customs territory of Kosovo is not covered by any SAA or Interim Agreement.

(4)  Turkey may potentially participate to a diagonal cumulation system of origin including the European Community and the Western Balkan countries under the condition that its own agreements with the Western Balkan countries provide for diagonal cumulation of origin.

(5)  ISO code 3166. Provisional code which does not prejudge in any way the definitive nomenclature for this country, which will be agreed following the conclusion of negotiations currently taking place under the auspices of the United Nations.

(6)  The current agreements between Turkey and some Western Balkan countries (AL, BA, MK) only provide for bilateral cumulation. The amendment process of the origin protocols according to SAP+ cumulation are currently in discussion among these countries.

Legend:

| — | Interim agreement not yet entered into force. |
| --- | --- |

—

Interim agreement not yet entered into force.

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PROCEDURES RELATING TO THE IMPLEMENTATION OF THE COMPETITION POLICY

Commission

| 17.3.2009 | EN | Official Journal of the European Union | C 62/22 |
| --- | --- | --- | --- |

17.3.2009

EN

Official Journal of the European Union

C 62/22

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Prior notification of a concentration

(Case COMP/M.5494 — Enel/Endesa)

Candidate case for simplified procedure

(Text with EEA relevance)

(2009/C 62/08)

| 1. | On 10 March 2009, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertaking Enel S.p.A. (‘Enel’, Italy) acquires within the meaning of Article 3(1)(b) of the Council Regulation sole control of the undertaking Endesa S.A. (‘Endesa’, Spain) by way of purchase of shares. |
| --- | --- |

1.

On 10 March 2009, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertaking Enel S.p.A. (‘Enel’, Italy) acquires within the meaning of Article 3(1)(b) of the Council Regulation sole control of the undertaking Endesa S.A. (‘Endesa’, Spain) by way of purchase of shares.

| 2. | The business activities of the undertakings concerned are:






  — | for Enel: is active in the generation, distribution and supply of electricity in Italy, Spain, Bulgaria, Romania, Greece, Slovakia, Russia, France and North-South America. It is also active in electricity trading throughout Europe and in the purchase and sale of natural gas, |
| --- | --- | --- |

2.

The business activities of the undertakings concerned are:

—

for Enel: is active in the generation, distribution and supply of electricity in Italy, Spain, Bulgaria, Romania, Greece, Slovakia, Russia, France and North-South America. It is also active in electricity trading throughout Europe and in the purchase and sale of natural gas,

| — | for Endesa: is active in the generation, distribution and supply of electricity in Spain, Portugal, the Netherlands, France, Germany, Greece, Ireland, South America and North Africa. It is also active in electricity trading throughout Europe and natural gas, coal mining and real estate in Spain. |
| --- | --- |

—

for Endesa: is active in the generation, distribution and supply of electricity in Spain, Portugal, the Netherlands, France, Germany, Greece, Ireland, South America and North Africa. It is also active in electricity trading throughout Europe and natural gas, coal mining and real estate in Spain.

| 3. | On preliminary examination, the Commission finds that the notified transaction could fall within the scope of Regulation (EC) No 139/2004. However, the final decision on this point is reserved. Pursuant to the Commission Notice on a simplified procedure for treatment of certain concentrations under Council Regulation (EC) No 139/2004 (2) it should be noted that this case is a candidate for treatment under the procedure set out in the Notice. |
| --- | --- |

3.

On preliminary examination, the Commission finds that the notified transaction could fall within the scope of Regulation (EC) No 139/2004. However, the final decision on this point is reserved. Pursuant to the Commission Notice on a simplified procedure for treatment of certain concentrations under Council Regulation (EC) No 139/2004 (2) it should be noted that this case is a candidate for treatment under the procedure set out in the Notice.

| 4. | The Commission invites interested third parties to submit their possible observations on the proposed operation to the Commission.
  Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax (+32 22964301 or 2967244) or by post, under reference number COMP/M.5494 — Enel/Endesa, to the following address:





  European Commission |
| --- | --- |
| Directorate-General for Competition |
| Merger Registry |
| J-70 |
| 1049 Bruxelles/Brussel |
| BELGIQUE/BELGIË |

4.

The Commission invites interested third parties to submit their possible observations on the proposed operation to the Commission.

Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax (+32 22964301 or 2967244) or by post, under reference number COMP/M.5494 — Enel/Endesa, to the following address:

European Commission

Directorate-General for Competition

Merger Registry

J-70

1049 Bruxelles/Brussel

BELGIQUE/BELGIË

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(1)  OJ L 24, 29.1.2004, p. 1.

(2)  OJ C 56, 5.3.2005, p. 32.

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OTHER ACTS

Commission

| 17.3.2009 | EN | Official Journal of the European Union | C 62/23 |
| --- | --- | --- | --- |

17.3.2009

EN

Official Journal of the European Union

C 62/23

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Notice concerning a request in accordance with Article 30 of Directive 2004/17/EC — Deadline extension

Request from a contracting entity

(2009/C 62/09)

On 26 February 2009, the Commission received a request pursuant to Article 30(5) of Directive 2004/17/EC of the European Parliament and of the Council of 31 March 2004 coordinating the procurement procedures of entities operating in the water, energy, transport and postal services sectors (1).

The request from Nederlandse Aardolie Maatschappij B.V. concerns exploration for, or extraction of, oil and gas in the Netherlands. The request was published in OJ C 53 of 6 March 2009, p. 27. The initial deadline was 27 May 2009.

In accordance with the second sentence of Article 30(6), since the Commission needs to obtain and examine additional information, the period within which the Commission must take a decision on this request has been extended by three months.

The final deadline is therefore 27 August 2009.

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(1)  OJ L 134, 30.4.2004, p. 1.

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