# EUR-Lex - 52011SC0807 - EN

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# 52011SC0807

**Recommendation for a COUNCIL RECOMMENDATION on the National Reform Programme 2011 of Germanyand delivering a Council opinionon the updated Stability Programme of Germany, 2011-2014 /* SEC/2011/0807 final */**

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Recommendation for a

COUNCIL RECOMMENDATION

on the National Reform Programme 2011 of Germany
and delivering a Council opinion
on the updated Stability Programme of Germany, 2011-2014

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the
Functioning of the European Union, and in particular Article 121(2) and 148(4)
thereof,

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 5(3) thereof,

Having regard to the recommendation of the European
Commission[2],

Having regard to the conclusions of the
European Council,

Having regard to the opinion of the
Employment Committee,

After consulting the Economic and Financial
Committee,

Whereas:

(1) 
On 26 March 2010, the European Council agreed to
the European Commission's proposal to launch a new strategy for jobs and
growth, Europe 2020, based on enhanced coordination of economic policies, which
will focus on the key areas where action is needed to boost Europe’s potential
for sustainable growth and competitiveness.

(2) 
On 13 July 2010, the Council adopted a
recommendation on the broad guidelines for the economic policies of the Member States and the Union (2010 to 2014) and on 21 October 2010,l adopted a decision on guidelines
for the employment policies of the Member States[3], which
together form the “integrated guidelines”. Member States were invited to take
the integrated guidelines into account in their national economic and
employment policies.

(3) 
On 12 January 2011, the Commission adopted the
first Annual Growth Survey, marking the start of a new cycle of economic
governance in the EU and the first European semester of ex-ante and integrated
policy coordination, which is anchored in the Europe 2020 strategy.

(4) 
On 25 March 2011, the European Council endorsed
the priorities for fiscal consolidation and structural reform (in line with the
Council’s conclusions of 15 February and 7 March 2011 and further to the
Commission’s Annual Growth Survey). It underscored the need to give priority to
restoring sound budgets and fiscal sustainability, reducing unemployment
through labour market reforms and making new efforts to enhance growth. It
requested Member States to translate these priorities into concrete measures to
be included in their Stability or Convergence Programmes and National Reform
Programmes.

(5) 
On 25 March 2011, the European Council also
invited the Member States participating in the Euro Plus Pact to present their
commitments in time to be included in their Stability or Convergence Programmes
and their National Reform Programmes.

(6) 
On 27 April 2011, Germany submitted its updated
Stability Programme covering the period 2011-2015 and on 7 April 2011 its 2011
National Reform Programme. In order to take account of
the interlinkages, the two programmes have been assessed at the same time.

(7) 
The German economy entered the crisis in a
relatively solid position. However, the slump in world trade resulted in a collapse
of exports and investment in 2009, such that real GDP contracted by an
unprecedented 4.7%. Nevertheless, after a small rise, unemployment has been
falling again since late 2009. The resilience of the labour market reflects the
beneficial effects of past reforms to reduce hours worked and of subsidies for
short-time work. The economy has rebounded strongly from the recession, with
real GDP rising by 3.6% in 2010. Exports have largely reversed the massive
decline recorded in 2009 and paved the way for a more broad-based recovery also
leading to a diminishing current account surplus. The economy has further
improved its competitiveness vis-à-vis most of the euro area members. The
general government budget went from being in balance to a deficit of 3% of GDP
in 2009, driven by fully operating automatic stabilisers and discretionary
measures to counter the economic downturn. The economic recovery helped to
contain the deficit in 2010 (3.3% of GDP) despite ongoing sizeable fiscal
stimulus and financial market support measures.

(8) 
Based on the assessment of the updated Stability
Programme pursuant to Council Regulation (EC) No 1466/97, the Council is of the
opinion that the macroeconomic scenario underlying the stability programme is
cautious for 2011 and plausible thereafter, also as assessed against the
Commission's Spring 2011 forecast. The programme projects real GDP to grow by
2.3% in 2011, before slowing to 1.8% in 2012 and to an average of 1.5% in
2013-15. The programme plans to bring the deficit below the 3% GDP reference
value already in 2011, two years ahead of the deadline established by the
Council, and to make further progress towards achieving the medium-term
objective (MTO) – a deficit of 0.5% of GDP in structural terms – in 2014. Following
the expected correction of the excessive deficit, the pace of adjustment
towards the MTO under the programme falls below the 0.5% of GDP benchmark in
2013 and 2014. While the debt-to-GDP ratio rose by almost 10 percentage points
in 2010[4], it is projected to start
falling as of 2011 and should reach 75.5% of GDP by 2015, thus remaining above
the Treaty reference value. The risks to the budgetary projection appear
broadly balanced for 2011, but the outcomes thereafter could be weaker than
expected, since some savings might not materialise as envisaged. Certain
measures are still subject to debate (e.g. energy and financial taxes) and others
remain to be specified (e.g. efficiency improvements in public administration).
Moreover, further financial market support measures cannot be excluded.

(9) 
Since the recent reform
of the health-care system introduced measures to curb spending increases mainly
in 2011 and 2012, further steps to enhance the efficiency of public spending on
health-care and long-term care, would support the envisaged consolidation path.
At the same time, maintaining a largely growth-oriented consolidation course,
including by ensuring adequate expenditure on education, would help to strengthen the long-term growth potential.

(10) 
While the German fiscal framework has been
considerably strengthened through the introduction of a constitutional
budgetary rule, the creation of the Stability Council and the early warning
system to prevent budgetary distress, the budgetary rule still needs to be
fully implemented at Länder level. Further strengthening of the
associated monitoring and sanctioning mechanism would also enhance the overall
credibility of the public finances.

(11) 
The crisis revealed serious vulnerabilities in
the banking sector. Heavy losses and write-downs from international investments
in subprime loans and structured assets weakened the capital base of some banks
and led to the need for substantial state interventions. The crisis also
exposed the weaknesses of some Landesbanken, which had already been
suffering from a lack of effective risk management structures and the absence
of a viable business model before the crisis. Further reform of the banking
sector, including restructuring of the Landesbanken in need of a viable and
adequately funded business model and strengthening of the regulatory and
supervisory framework, would help preserve the stability of the financial
sector and also ensure a more efficient allocation of domestic savings as a
means of underpinning demand and investment.

(12) 
The growth potential and structural
competitiveness of the German economy depend to a large extent on a well-trained,
skilled workforce, but labour supply shortages may
become pressing given demographic developments. This
underlines the importance of fully utilising the labour force potential
by removing obstacles to labour market participation
for particular groups (older workers, women, the low-skilled, non-EU nationals)
and the further development of human capital. Addressing the tax wedge,
which remains high especially for low and middle incomes, would improve incentives
to work while allowing wage increases to be translated to a greater extent into
higher disposable incomes and domestic demand. Reducing the high marginal
income tax rate for second earners due to the joint income taxation of couples
by shifting towards a system of individual taxation could help reduce the
incidence of part-time employment in favour of full-time work. Further
increasing the availability of childcare facilities would in particular also
help improve the still low full-time labour force participation of women.
Moreover, increasing the number of persons with vocational training
qualifications could enhance the labour market prospects of low-skilled
workers.

(13) 
Germany has recently
taken far-reaching decisions on its future energy mix. The implementation of
the Energy Concept will imply a fundamental transformation in energy supply and
have implications for energy prices and the competitiveness of the economy in
the medium to long term. Cost-effectiveness should therefore be the key guiding
principle for the implementation of the Energy Concept, based on efficient
energy consumption, cost-effective support schemes and adequate electricity
grids for renewable energy and competitive energy markets.

(14) 
Boosting competition in the service sector would
foster productivity growth and support domestic demand. More dynamic growth of
the service sector could also contribute to broadening the base for supply and
demand growth in Germany. Despite considerable progress in recent years through
the implementation of the Services Directive, there appears to be scope to
further reduce barriers to the entry and exit of firms, notably by further
simplifying the license and permit system. The regulation of certain
professional services (e.g. engineers, architects, pharmacists and lawyers)
seems to be more stringent compared with other countries and entry and
regulatory barriers for crafts also appear high. With regard to network
industry services, competition in the railway sector in particular is still
impeded. Here, effective unbundling of infrastructure management and transport
services, as a prerequisite for a competitive market, is still delayed.
Strengthening the supervisory role of the Federal Network Agency, the abolition
of cross-subsidisation between the network operator and rail service providers
and the opening of sales and ticket infrastructure to competitors would foster
competition in the short run.

(15) 
Further
reforms to improve the accessibility and quality of the education and training
system will be key to ensuring an adequately skilled
labour supply, also in view of demographic developments. Shortages of medium-
and high-skilled labour in particular are forecast, especially as regards
mathematics, science and technology subjects. The educational attainment rates
of young people in Germany, at both upper secondary and tertiary level, are
below the EU average. Increasing the availability of
pre-school education and all-day schools and easing the transition between different
strands of the school system may improve educational outcomes.

(16) 
Germany has made a
number of commitments under the Euro Plus Pact[5]. On the fiscal
side, the commitments call for the excessive deficit to be corrected already in
2011 and for the targets under the national budgetary rule to be achieved by a
wide margin in 2011-2012. To reinforce financial stability, measures include
efficient regulation and supervision of the capital market. Employment measures
focus on labour market participation (reform of active labour market
instruments, improved integration of professionals with foreign qualifications
and integration of migrants) and education (Basic Education Pact). The
competitiveness measures focus on network industries, energy and the service
sector (i.e. market transparency agency for the electricity and gas sector, a
programme on electromobility, and increased funding of transport
infrastructure) as well as on education (i.e. Initiative for Excellence to
promote graduate schools and funding of the University Pact). These commitments refer to the four areas of the Pact. They largely
reflect the broader reform agenda outlined in the Stability and National Reform
Programmes. However, several policy areas remain unaddressed in the Pact
commitments (e.g. restructuring of Landesbanken or the tax wedge on
labour) or are only touched upon (opening the services sector and network
industries to greater competition). The Euro Plus Pact
commitments have been assessed and taken into account in the recommendations.

(17) 
The Commission has assessed Germany's Stability Programme and National Reform Programme, including its Euro Plus Pact
commitments[6]. It has taken into
account not only their relevance for sustainable fiscal and socio-economic
policy in Germany but also their conformity with EU rules and guidance, given
the need to reinforce the overall economic governance of the European Union by
providing EU-level input for future national decisions. In this light, the
Commission considers that the German budgetary strategy should be implemented
as envisaged, while maintaining a growth-friendly consolidation course. Further
steps in 2011-12 should focus on ensuring the stability
of the financial system (e.g. through restructuring of the Landesbanken)
and the strengthening of domestic sources for growth, by increasing labour
market participation through a reduction of the tax wedge on labour, improving the
accessibility and quality of education, and opening up the services sector,
trades and professions and the network industries to
greater competition.

(18) 
In light of this assessment, also taking into
account the Council Recommendation under Article 126(7) of the Treaty on the
Functioning of the European Union of 2 December 2009, the Council has examined
the 2011 update of the Stability Programme of Germany and its opinion[7]
is reflected in particular in its recommendation under (1) set out below.
Taking into account the European Council conclusions of 25 March 2011, the
Council has examined the National Reform Programme of Germany,

HEREBY RECOMMENDS that Germany
should take action within the period 2011-2012 to:

(1) 
Implement the budgetary strategy for the year
2012 and beyond as envisaged. Complete the implementation of the budgetary rule
at the Länder level and further strengthen the corresponding monitoring
and sanctioning mechanism. Maintain a growth-friendly consolidation course, in particular by safeguarding adequate expenditure on education and by further enhancing the efficiency of public spending on
health-care and long-term care.

(2) 
Address the structural weaknesses in the
financial sector, in particular by restructuring Landesbanken in need of
an adequately funded viable business model.

(3) 
Enhance participation in the labour market by
improving equitable access to education and training systems and by reducing
the high tax wedge for the low-paid in a budgetary neutral way. Increase the number of fulltime childcare facilities and all-day
schools, and remove tax disincentives for second income earners to work.

(4) 
Remove unjustified restrictions on certain
professional services and on the craft sector. To improve competition in network industries, strengthen the supervisory
role of the Federal Network Agency in the rail sector; and, in the context of
the announced national Energy Concept, focus on improving
the long-term cost-effectiveness of the Renewable Energy Act, ensuring the
effective independence of energy production and transmission, and improving
cross-border interconnections.

Done at Brussels,

For
the Council

The
President

[1]               OJ L 209, 2.8.1997, p. 1.

[2]               OJ C , , p. .

[3]               Maintained for 2011 by Council Decision 2011/308/EU
of 19 May 2011.

[4]               The jump in 2010 was largely related to the fact that
two troubled banks transferred impaired assets to their respective
"bad-banks", which are classified under the government sector. In
line with the Eurostat guidance on accounting rules for financial defeasance
structures, the corresponding liabilities of "bad-banks" had a direct
impact on the debt level.

[5]               More details on the commitments made under the Euro
Plus Pact can be found in SEC(2011) 714.

[6]               SEC(2011) 714.

[7]               Foreseen in Article 5(3) of Council Regulation (EC)
No 1466/97.