EN

COUCIL OF
THE EUROPEA UIO

6069/09 (Presse 32)
PROVISIOAL VERSIO

PRESS RELEASE
2922nd meeting of the Council

Economic and Financial Affairs
Brussels, 10 February 2009
President

Miroslav KALOUSEK
Minister for Finance of the Czech Republic

PRESS
Rue de la Loi 175

B – 1048 BRUSSELS

Tel.: +32 (0)2 281 9548 / 6319

Fax: +32 (0)2 281 8026

press.office@consilium.europa.eu http://www.consilium.europa.eu/Newsroom

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Main results of the Council

The Council reviewed implementation of the European economic recovery plan approved in
December, with a view to an overall assessment by the European Council at its spring meeting
(19 and 20 March 2009).
It adopted a recommendation to the European Parliament on the discharge to be given to the
Commission for implementation of the EU general budget for 2007.
It adopted conclusions calling on the Commission to resume negotiation on an anti-fraud
agreement with Liechtenstein, so as to obtain changes that ensure effective administrative
assistance and access to information with regard to all forms of investment, in particular
foundations and trusts.
The Council adopted conclusions on the single euro payments area (SEPA). Whilst reiterating its
support for the initiative, the Council noted the current slow uptake of SEPA products, which seems
to focus mainly on cross-border payments. It considered that the launch of the SEPA direct debit
scheme scheduled for 1 ,ovember 2009 will provide new impetus for SEPA migration; whilst
underlining the need for clarity on long-term pricing issues, it invited the industry to accelerate the
necessary preparatory work for its successful launch.
It also approved the establishment of a "European 112 Day" to promote awareness raising, the
sharing of experience and networking activities as regards the use of 112 as a common telephone
number to contact emergency services.

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COTETS1

PARTICIPATS ................................................................................................................................5

ITEMS DEBATED
PREPARATION OF THE SPRING MEETING OF THE EUROPEAN COUNCIL .........................7
European economic recovery plan .......................................................................................................7
Key issues paper on economic and financial affairs ............................................................................9
Reduced VAT rates ............................................................................................................................10
BUDGETARY ISSUES .....................................................................................................................11
EU general budget for 2007 ...............................................................................................................11
OTHER BUSINESS...........................................................................................................................12
Short selling of securities and executive pay .....................................................................................12
MEETINGS IN THE MARGINS OF THE COUNCIL.....................................................................13
OTHER ITEMS APPROVED
ECO,OMIC A,D FI,A,CIAL AFFAIRS
–

Single market review - Council conclusions..........................................................................................................15

–

Single euro payments area - Council conclusions..................................................................................................17

–

Common guidelines for the national sides and the issuance of euro coins – Council conclusions ........................18

–

VAT - border bridges between Germany and Czech Republic..............................................................................20

EXTER,AL RELATIO,S
–

Anti-fraud agreement with Liechtenstein - Council conclusions...........................................................................20

–

Former Yugoslav Republic of Macedonia - Restrictive measures against extremists ...........................................21

1

Where declarations, conclusions or resolutions have been formally adopted by the Council, this is indicated
in the heading for the item concerned and the text is placed between quotation marks.
Documents for which references are given in the text are available on the Council's Internet site
(http://www.consilium.europa.eu).
Acts adopted with statements for the Council minutes which may be released to the public are indicated by
an asterisk; these statements are available on the Council's Internet site or may be obtained from the Press
Office.

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DEVELOPME,T COOPERATIO,
–

EU/Cariforum - Economic partnership agreement.................................................................................................21

–

European Development Funds - Discharge for 2007 .............................................................................................21

GE,ERAL AFFAIRS
–

Proceedings in the Council's different configurations............................................................................................22

JUSTICE A,D HOME AFFAIRS
–

Exempting holders of Indonesian diplomatic passports from visa requirements...................................................22

–

Schengen Information System - 2007 budget ........................................................................................................22

E,ERGY
–

Ecodesign requirements - Regulatory procedure with scrutiny .............................................................................23

TRA,SPORT
–

Inland waterway vessels - Regulatory procedure with scrutiny.............................................................................23

TELECOMMU,ICATIO,S
–

Establishment of a "European 112 Day"................................................................................................................23

APPOI,TME,TS
–

Committee of the Regions .....................................................................................................................................25

–

CDE - Centre for the Development of Enterprise ..................................................................................................25

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PARTICIPATS

PARTICIPANTS
The governments of the Member States and the European Commission were represented as follows:
Belgium:
Mr Didier REYNDERS

Deputy Prime Minister and Minister for Finance

Bulgaria:
Mr Plamen Vassilev ORESHARSKI

Minister for Finance

Czech Republic:
Mr Miroslav KALOUSEK
Mr Tomáš ZÍDEK

Minister for Finance
Deputy Minister for Finance, International Relations and
Financial Policy Section

Denmark:
Mr Lars Løkke RASMUSSEN

Minister for Finance

Germany:
Mr Peer STEINBRÜCK

Federal Minister for Finance

Estonia:
Mr Raul MÄLK

Permanent Representative

Ireland:
Mr Brian LENIHAN

Minister for Finance

Greece:
Mr Ioannis PAPATHANASIOU

Minister for Economic Affairs and Finance

Spain:
Mr Pedro SOLBES MIRA

Second Deputy Prime Minister and Minister for Economic
Affairs and Finance

France:
Ms Christine LAGARDE

Minister for Economic Affairs, Finance and Employment

Italy:
Mr Giulio TREMONTI

Minister for Economic Affairs and Finance

Cyprus:
Mr Charilaos STAVRAKIS

Minister for Finance

Latvia:
Mr Atis SLAKTERIS

Minister for Finance

Lithuania:
Mr Algirdas Gediminas ŠEMETA

Minister for Finance

Luxembourg:
Mr Jean-Claude JUNCKER

Prime Minister, Ministre d'Etat, Minister for Finance

Hungary:
Mr János VERES

Minister for Finance

Malta:
Mr Tonio FENECH

Minister of Finance, Economy and Investment

etherlands:
Mr Wouter BOS

Deputy Prime Minister, Minister for Finance

Austria:
Mr Reinhold LOPATKA

State Secretary, Federal Chancellery

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Poland:
Mr Ludwik KOTECKI

Deputy State Secretary, Ministry of Finance

Portugal:
Mr Fernando TEIXEIRA DOS SANTOS

Ministro de Estado, Minister for Finance

Romania:
Mr Gheorghe POGEA

Minister for Finance

Slovenia:
Mr Franc KRIŽANIČ

Minister for Finance

Slovakia:
Mr Ján POČIATEK

Minister for Finance

Finland:
Mr Jyrki KATAINEN

Deputy Prime Minister, Minister for Finance

Sweden:
Mr Anders BORG

Minister for Finance

United Kingdom:
Mr Alistair DARLING

Chancellor of the Exchequer

Commission:
M. Siim KALLAS
Mr Joaquín ALMUNIA
Ms Dalia GRYBAUSKAITĖ
Mr László KOVÁCS
Mrs Neelie KROES
Mr Charlie McCREEVY

Vice-President
Member
Member
Member
Member
Member

Other participants:
Mr Frank MOSS
Mr Philippe MAYSTADT
Mr Xavier MUSCA

Director General of the European Central Bank
President of the European Investment Bank
Chairman of the Economic and Financial Committee

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ITEMS DEBATED
PREPARATIO OF THE SPRIG MEETIG OF THE EUROPEA COUCIL
European economic recovery plan
The Council:
–

reviewed implementation of the European economic recovery plan approved by the
European Council in December in response to the global financial crisis and economic
slowdown;

–

held an exchange of views on the financial aspects of proposals aimed at providing
additional support, under the European economic recovery plan, to investments in the field
of energy and infrastructure, including broadband internet and rural development.

At its spring meeting, on 19 and 20 March 2009, the European Council will assess how well the
recovery plan has been implemented.
As regards additional investment in the field of energy, a number of delegations raised concerns
relating to the financing of projects and asked the Commission to review its proposal. The President
of the Council indicated that views expressed will be taken into account when the General Affairs
and External Relations Council discusses the issue on 23 February, with a view to reaching an
agreement with the European Parliament and the Commission before the European Council
meeting.
Additional EU investment in energy and infrastructure
The European economic recovery plan provides a framework for measures taken by each member
state and identifies a number of actions to be undertaken at EU level. In adopting the plan in
December, the European Council invited the Parliament, the Council and the Commission to take
the decisions necessary for its implementation as speedily as possible and in full compliance with
the EU's financial perspective for the 2007-13 period and the procedures of the inter-institutional
agreement1.

1

Agreement between the Parliament, the Council and the Commission on budgetary discipline and
sound financial management (OJ C 139 of 14 June 2006, p. 1).

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In relation to energy and infrastructure, the Commission subsequently submitted proposals on the
provision of an additional EUR 5 billion investment from the EU's budget, namely:
–

a regulation dealing with the energy sector, with a list of projects totalling EUR 3,5 billion,
including EUR 1,75 billion for gas and electricity interconnection projects,
EUR 1 25 billion for carbon capture and storage and EUR 500 million for offshore wind
projects;

–

a regulation and a decision on rural development, involving a total of EUR 1,5 billion,
including EUR 1 billion for broadband internet infrastructure and EUR 500 million for
tackling challenges such as climate change, renewable energies, water management,
biodiversity and measures to accompany the restructuring of the dairy sector.

To finance this investment, the Commission proposes:
–

for the energy projects, to use transfers from the margin for 2008 of heading 2 of the
2007-2013 financial perspective (preservation and management of natural resources) to
heading 1A (competitiveness for growth and employment), amounting to EUR 1,5 billion
in 2009 and EUR 2 billion in 2010. This would require a revision of the financial
perspective;

–

for the rural development measures, to use the margin under the ceiling of heading 2 for
2009 of the financial perspective.

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Key issues paper on economic and financial affairs
The Council held an exchange of views on the main messages to be conveyed to the spring meeting
of the European Council (19 and 20 March 2009) as regards economic and financial affairs, on the
basis of an outline key issues paper produced by the presidency.
It requested the Economic and Financial Committee to prepare the key issues paper for adoption at
the Council's meeting on 10 March 2009.
The presidency paper presents an outline of the main issues for consideration, setting out the
following themes:
–

2009: a year of economic recession and uncertainties;

–

financial markets: resuming stability and modernizing rules;

–

real economy: facilitating swift and steady recovery;

–

economic and monetary union: fostering success in turbulent times.

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Reduced VAT rates
The Council discussed the issue of reduced rates of value-added tax (VAT), in the context of the
economic recovery plan approved by the European Council in December.
The presidency indicated that it will reflect on how to take the dossier forward in response to the
European Council's request to settle the issue by March. A further discussion is expected at the
Council's meeting on 10 March 2009, in the run-up to the next European Council, on 19 and
20 March 2009.
Allowing member states which so wish to apply reduced VAT rates in certain sectors is one of the
actions identified by the economic recovery plan.
Current EU rules on VAT rates are set by Directive 2006/112/EC. They are the outcome of a variety
of initiatives over the years, including the 1992 decision on the harmonisation of VAT rates in the
context of the EU single market, the 2000 decision to allow reduced VAT rates temporarily on
labour-intensive local services with a view to stimulating employment, and 2004 derogations
allowed for newly acceding member states. In addition, the Commission has promised a proposal in
April on the specific application of reduced rates to environmental goods and services, focusing
principally on energy efficiency in buildings.
The Commission has also proposed a directive aimed at allowing all member states to apply
reduced rates – on a permanent basis – to labour-intensive local services, including restaurant
services.

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BUDGETARY ISSUES
EU general budget for 2007
The Council adopted, by qualified majority, a recommendation to the European Parliament on the
discharge to be given to the Commission for implementation of the EU general budget for 2007
(5587/09 ADD 1).
The recommendation was prepared on the basis of the annual report from the Court of Auditors1.
The Netherlands delegation voted against.
The Council also adopted recommendations on the discharge to be given to the directors of
21 EU agencies and three EU executive agencies as regards implementation of their budgets for
2007 (5588/09 ADD 1 + 5589/09 ADD 1), as well as conclusions on a series of Court of Auditors
special reports (5587/09 ADD2).
The recommendations and conclusions will be submitted to the Parliament, in accordance with the
budgetary discharge procedure.

1

OJ C 286 of 10.11.2008, p. 1.

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OTHER BUSIESS
Short selling of securities and executive pay
The Council took note of an intervention by the Netherlands minister, calling for action to enhance
greater convergence, both between member states and at international level, in temporary measures
taken with regard to the short selling of securities.
The Swedish minister also raised the issue of bonuses and executive pay in the financial sector.
The President of the Council called on the Commission to look further into these issues, and
signalled the Council's support to ongoing work by the Committee of European Securities
Regulators with regard to short selling.

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MEETIGS I THE MARGIS OF THE COUCIL
The following meetings were held in the margins of the Council:
–

Meeting with the European Parliament

The Council troika (current and two following presidencies) met a delegation from the
European Parliament on 9 February 2009 to discuss preparations for the G20 summit on global
financial governance in London on 2 April 2009, as well as progress on the EU's economic recovery
plan.
–

Macroeconomic policy dialogue with the social partners

The Council troika on 9 February 2009 held its twice-yearly macroeconomic policy dialogue with
the social partners (representatives of European business organisations, trade unions, public
enterprises and SMEs). Representatives of the Commission, the Euro Group, the European Central
Bank and non-euro area central banks also attended the meeting.
–

Euro Group

Ministers of the euro area member states attended a meeting of the Euro Group on 9 February 2009.
–

Breakfast meeting on the economic situation

Over breakfast, ministers were debriefed on the Euro Group's deliberations on 9 February 2009, the
macroeconomic policy dialogue with the social partners on 9 February 2009, and a meeting of
G20 deputies held in London on 31 January and 1 February 2009.
They also discussed the economic situation and developments on financial markets, as well as the
treatment of impaired assets in rescue packages for the financial sector. In this regard, ministers
agreed on the following elements:
"Ministers discussed the implementation of financial rescue packages. They agreed that the priority
is to fully restore the functioning of credit channels and that to this extent the strategy agreed in
October 2008 remains fully valid. In this context, it is important that sound banks can strengthen
their capital structure in appropriate conditions so as to avoid further contraction of credit to the
economy.

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Ministers also agreed that, to safeguard banking sector stability, measures to deal with impaired
assets could in specific cases usefully complement agreed instruments. These measures should
remain consistent with the principles set in October 2008, in particular (i) safeguarding financial
stability and restoring the provision of credit and lending to the economy; (ii) ensuring a level
playing field within the single market; and (iii) containing the impact on public finances.
Ministers agreed on the need for a common and coordinated approach and agreed to the following
principles:
–

A correct and consistent approach of valuation is of key importance to maintain a level
playing field;

–

Banks benefiting from such schemes should keep a portion of the risk and some specific
conditions related to management may have to be included to limit moral hazard;

–

While there should be some flexibility concerning the choice of assets selected, full
transparency should be ensured;

–

Close monitoring of the implementation of such measures would be essential.

This kind of intervention raises complex technical issues such as the pricing of assets and the
insurance fee. The Commission will ensure compliance with state aid rules and restructuring
requirements linked to asset relief as well as the rest of the rescue measures. The Commission, in
cooperation with the ECB has provided elements of guidance in this respect which constitute a good
basis for defining a commonly agreed EU framework, notably to ensure respect for the level playing
field. The EFC is invited to continue its work in close cooperation with the Commission and
the ECB."
*
*

*

Over lunch, ministers discussed the follow-up to be given after 2010 to the EU's Lisbon strategy for
growth and jobs. They also discussed the issue of reduced rates of value-added tax (VAT).

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OTHER ITEMS APPROVED
ECOOMIC AD FIACIAL AFFAIRS
Single market review - Council conclusions
The Council adopted the following conclusions:
"Referring to the European Council Conclusions of 13 and 14 March 2008 requesting an effective
annual follow-up to the Single Market Review, the Council WELCOMES the Commission’s
progress report called “The Single Market Review: one year on” and AGREES with its overall
assessment.
Firm commitment to the single market principles and priorities
The Council (ECOFIN) EMPHASIZES that the single market is one of the most valuable
achievements of the EU and remains a key driver for improving Europe’s global competitiveness.
A well-functioning single market without barriers would strengthen resilience of the EU economy
and enhance growth potential, job creation, and prosperity of its citizens.
The Council (ECOFIN) UNDERLINES that the single market is a unique asset and should be
safeguarded during the current financial crisis and economic slowdown. When deciding on
measures, including those in response to the current crisis, Member States should refrain from
adopting policies that impose limits on the four freedoms and distort competition, while all actors
must respond to the need for fast and flexible action. The implementation of the
European Economic Recovery Plan should adhere to the same single market principles
(e.g. non-discrimination, proportionality) and should fully respect the state aid rules. By respecting
these principles the single market will provide an appropriate platform for the economic recovery.
The Council (ECOFIN) CONSIDERS strengthening consumer confidence, simplifying the business
environment and reducing the administrative burden for SMEs, strengthening the competition
throughout the economy, in particular in the services market (timely implementation of the Service
Directive) and network industries (e.g. energy, transport and telecommunication), increasing the
effectiveness of retail financial services, strengthening financial stability, removing barriers in the
labour market, creating innovation friendly market conditions, including the creation of a
Community patent, investing in people’s skills, and promoting external openness as the most
important policy actions in the single market agenda. In this respect, the Council STRESSES the
necessity of implementing without delay structural reforms which are foreseen in the Community
Lisbon Programme.

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Delivering through more effective means
The Council (ECOFIN) STRESSES that a coordinated approach is necessary and the need, in
particular in the context of the present economic downturn, for a dynamic and responsive policy
framework, respecting a level playing field. It should be based on a range of policy instruments,
well-tailored to provide specific policy solutions, and be based on a partnership between the
Commission and the Member States. Emphasis should be given to an evidence-based and
outcome-oriented approach and better and more effective implementation to provide full benefits to
citizens and businesses.
The Council (ECOFIN) TAKES NOTE of the progress made regarding the market monitoring
initiative, in particular with the sector screening at the European level, and WELCOMES the fact
that the Commission has already launched an in-depth monitoring of the food supply chain, retail
distribution, electrical engineering and pharmaceutical industries. It ENCOURAGES Member
States to support further work on these exercises and to consider similar screenings at the national
level. Furthermore, the Council (ECOFIN) INVITES the Member States and the Commission to
implement as appropriate the proposed roadmap for improving the functioning of the food supply
chain in 2009 and ENCOURAGES the Commission to complete the in-depth market monitoring in
the field of retail services, electrical engineering and pharmaceuticals by the end of 2009 and to
launch further in-depth market monitoring exercises, as and when appropriate. The Council
(ECOFIN) INVITES the Commission to report back on the state of play on market monitoring by
the end of 2009.
The Council (ECOFIN) INVITES the Commission to review how market monitoring
recommendations can best support the existing EU and national decision-making process in
delivering necessary sectoral reforms at the EU and national level and CALLS on the Commission
to report back to the Economic Policy Committee. The Council (ECOFIN) ENCOURAGES the
Commission to gather further experience in the design and implementation of market monitoring in
close cooperation with Member States, in the least burdensome way possible and ASKS the
Economic Policy Committee to discuss the way forward regarding the methodology used (data,
sectors selected, etc.) and to facilitate the exchange of experience. Close cooperation between the
Commission and Member States can improve data quality."

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Single euro payments area - Council conclusions
The Council adopted the following conclusions:
"The Council
–

REITERATES its support for the aim of the Single Euro Payments Area (SEPA), which is
to achieve an integrated and competitive internal market for euro payments and welcomes
the first annual progress report on SEPA migration prepared by the Commission in
cooperation with the ECB;

–

WELCOMES the successful operational launch of the SEPA credit transfer scheme on
28 January 2008 by the payments industry, NOTES that significant efforts are required to
accelerate the current slow rate of SEPA migration, which seems to focus mainly on
cross-border payments and EMPHASISES that the full benefits of SEPA can only be
obtained through the full migration of domestic euro payments traffic;

–

therefore ENCOURAGES industry to actively market competitive, high-quality
SEPA products respecting the non-deterioration principle and INVITES users, in particular
those with high payment volumes such as public authorities, corporate and other large
entities, to demonstrate a high commitment to the use of SEPA products domestically. In
this respect, public authorities have a key responsibility;

–

RECOGNISES the good progress achieved by public authorities in some Member States as
observed in the Commission survey on public authority SEPA migration,
ACKNOWLEDGES the importance of proper coordination of public authority migration at
the national level and supports the Commission aim of establishing a scoreboard which
could provide a useful instrument for monitoring further progress;

–

CONSIDERS that the launch of the SEPA direct debit scheme scheduled for
1 November 2009 will provide new impetus for SEPA migration, UNDERLINES the need
for clarity on long-term pricing issues, INVITES the industry to accelerate the necessary
preparatory work for its successful launch and REPEATS the importance of rapidly
ensuring the continued legal validity of existing direct debit mandates, where applicable
and needed, as already achieved in some Member States;

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–

10.II.2009

RECOGNISES that the current financial crisis and economic slow-down provides
opportunities for major efficiency gains and cost savings, thus requiring reinforced
commitment to the project from all parties and INVITES the Commission and the ECB and
the Eurosystem to continue their role in identifying the necessary actions for its successful
realisation."

Common guidelines for the national sides and the issuance of euro coins – Council conclusions
The Council adopted the following conclusions:
"The Council welcomes the common guidelines for the national sides and the issuance of euro coins
intended for circulation, which were presented by the Commission in its Recommendation adopted
on 19 December 2008 and which were prepared in close cooperation with Member States.
The new Commission Recommendation consolidates and replaces the two previous
Commission Recommendations in this field, which were endorsed by the Council on
8 December 2003 and 7 June 2005 respectively.
In particular, the Council agrees on the following additional or modified elements:
–

Euro coins intended for circulation should be put into circulation at face value. This does
not exclude that a minor proportion of issued euro coins is sold at a higher price, if justified
by reasons such as special quality or packaging. This rule should apply as from
1 January 2010 for the countries having Monetary Agreements with the
European Community. The Commission is invited to review the functioning of the existing
Monetary Agreements and to consider possible increases in the ceilings for coin issuance.

–

The national side of the euro coins intended for circulation should bear the
12 European stars that should fully surround the national design, including the year mark
and the indication of the issuing Member State's name. The European stars should be
depicted as on the European flag.

–

The designs used for the national sides of the regular euro coins intended for circulation
denominated in euro or in cent should not be modified, except in cases where the Head of
State referred to on a coin changes. Issuing Member States should, however, be allowed to
update the design of euro coins depicting the Head of State every fifteen years in order to
take account of a change in the appearance of the Head of State. A temporary vacancy or
the provisional occupation of the function of Head of State should not give the right to
change the national sides of the regular euro coins intended for circulation.

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–

Member States may issue commemorative euro coins intended for circulation showing a
different national design from that of the regular euro coins intended for circulation. Such
commemorative coins should only commemorate subjects of major national or
European relevance. Commemorative euro coins intended for circulation collectively
issued by all euro-area Member States should only commemorate subjects of the highest
European relevance and their issuance should be endorsed by the Council.

–

The number of issues of commemorative euro coins intended for circulation should be
limited to one per issuing Member State per year, except in cases where:
–

commemorative euro coins intended for circulation are collectively issued by all
euro-area Member States;

–

a possible commemorative euro coin intended for circulation is issued on the
occasion of a temporary vacancy or provisional occupation of the function of
Head of State.

–

The edge lettering on commemorative euro coins intended for circulation should be the
same as on regular euro coins intended for circulation.

–

Member States should inform each other of the draft designs of new national sides of
euro coins, including the edge letterings, and of the volume of issuance before they
formally approve these designs. To this effect, new draft designs of euro coins should be
forwarded by the issuing Member State to the Commission, as a rule, at least six months
before the planned issue date. The Commission should verify compliance with the rules
and inform the other Member States without delay via the Economic and Financial
Committee's relevant subcommittee. If and when the Commission considers that the
common guidelines are not respected, the relevant subcommittee of the Economic and
Financial Committee should decide whether to approve the design. The relevant
subcommittee of the Economic and Financial Committee should, furthermore, approve the
designs of commemorative euro coins intended for circulation collectively issued by all
euro-area Member States.

–

No changes are required to the national sides and edge letterings of both regular and
commemorative euro coins intended for circulation which have been first issued or
approved according to the agreed information procedure prior to the adoption of these
conclusions."

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VAT - border bridges between Germany and Czech Republic
The Council adopted a decision authorising the Czech Republic and Germany to derogate from the
territorial application of VAT as regards the construction and maintenance of border bridges
between the two countries (5199/09).
The purpose of this decision is for supplies of goods and services and intra-Community acquisitions
of goods intended for the construction and maintenance of the cross-border bridges in question to be
subject to the value added tax of the member state that is responsible for their construction or
maintenance. In the absence of this derogation it would be necessary, according to the principle of
territoriality, for each supply of goods and services and intra-Community acquisition of goods to
ascertain whether the place of taxation was the Czech Republic or Germany.
EXTERAL RELATIOS
Anti-fraud agreement with Liechtenstein - Council conclusions
The Council adopted the following conclusions:
"1.

The Council takes note of the fact that the Commission has submitted, on
11 December 2008, a proposal for a Council Decision on the signing, on behalf of the
Community, of the Cooperation Agreement between the European Community and its
Member States, of the one part, and the Principality of Liechtenstein, of the other part, to
combat fraud and any other illegal activity to the detriment of their financial interests
(17247/08).

2.

Following the discussion held at the meeting of the Council on 4 November 2008, the
Council strongly invites the Commission to continue the negotiations with Liechtenstein,
in conformity with the mandate from 2006, in order to obtain such changes in the text of
the draft agreement to ensure effective administrative assistance and access to information
with regard to all forms of investment, in particular foundations and trusts.

3.

As regards the provision of information in tax matters to the Member States, the Council
expects Liechtenstein to encompass in the agreement with the European Community and
its Member States at least a similar scope of obligations as Liechtenstein recently agreed
with third countries.

4.

The Council calls on the Commission to report back on progress at one of its forthcoming
meetings, at the latest in May 2009."

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Former Yugoslav Republic of Macedonia - Restrictive measures against extremists
The Council adopted a common position extending and amending common
position 2004/133/CFSP on restrictive measures against extremists in the former
Yugoslav Republic of Macedonia (FYROM) (5403/09).
The common position is extended for a further period of five months, until 10 July 2009, and
seven persons are removed from the list annexed to it. The common position now contains
ten names affected by the visa ban.
The measures are aimed at preventing admission into the EU of individuals who actively promote
or take part in violent extremist activities challenging the Ohrid framework agreement's basic
principles of stability, territorial integrity and the multi-ethnic character of FYROM, and/or who
deliberately undermine and obstruct implementation of the agreement by actions outside the
democratic process.
DEVELOPMET COOPERATIO
EU/Cariforum - Economic partnership agreement
The Council decided to forward to the European Parliament for assent a draft decision on the
conclusion of an economic partnership agreement with the Cariforum states. Once the Parliament
has given the go-ahead, the Council will approve the conclusion of the agreement.
The Cariforum States comprise Antigua and Barbuda, the Bahamas, Barbados, Belize, Dominica,
the Dominican Republic, Grenada, the Republic of Guyana, Jamaica, Saint Christopher and Nevis,
Saint Lucia, Saint Vincent and the Grenadines, the Republic of Suriname, and Trinidad and Tobago.
European Development Funds - Discharge for 2007
The Council adopted recommendations regarding the discharge to be given by the
European Parliament to the Commission in respect of implementation of operations under the 7th,
8th and 9th European Development Funds (EDF) for the financial year 2007 (5042/09 + 5044/09 +
5045/09 + 5045/09 COR 1). It also adopted a statement concerning the statement of assurance of
the Court of Auditors relating to the activities of the 7th, 8th and 9th EDF for 2007 (5047/09).

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10.II.2009

GEERAL AFFAIRS
Proceedings in the Council's different configurations
The Council took note of a report on proceedings in its different configurations (5440/09).
JUSTICE AD HOME AFFAIRS
Exempting holders of Indonesian diplomatic passports from visa requirements
The Council adopted a Decision amending Annex 2, Schedule A, to the Common Consular
Instructions on visas for the diplomatic missions and consular posts 1, in relation to visa
requirements for holders of Indonesian diplomatic and service passports (16194/08).
Annex 2, Schedule A, to the Common Consular Instructions contains the list of countries whose
nationals are not subject to a visa requirement in one or more Schengen States when they are
holders of diplomatic, official or service passports.
Austria wishes to exempt holders of Indonesian diplomatic and service passports from visa
requirements. The Common Consular Instructions should therefore be amended accordingly. The
Decision will apply from 1 March 2009.
Schengen Information System - 2007 budget
The member states meeting within the Council approved a management report concerning the
implementation of the C.SIS installation and operation budget for 2007.

1

OJ C 326, 22.2.2005, p.1.

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10.II.2009

EERGY
Ecodesign requirements - Regulatory procedure with scrutiny
The Council decided not to oppose adoption by the Commission of a regulation implementing
Directive 2005/32/EC with regard to ecodesign requirements for no-load condition electric power
consumption and average active efficiency of external power supplies.
In accordance with the EU's regulatory procedure with scrutiny, the Council can oppose the
adoption of legal acts by the Commission. Consequently, unless the European Parliament objects,
the Commission can adopt the regulation.
TRASPORT
Inland waterway vessels - Regulatory procedure with scrutiny
The Council decided not to oppose adoption by the Commission of a directive amending
Directive 2006/87/EC of the European Parliament and of the Council laying down technical
requirements for inland waterway vessels.
In accordance with the EU's regulatory procedure with scrutiny, the Council can oppose the
adoption of legal acts by the Commission. Consequently, unless the European Parliament objects,
the Commission can adopt the directive.
TELECOMMUICATIOS
Establishment of a "European 112 Day"
The Council adopted the following joint tripartite declaration on the establishment of a
"European 112 Day":
"Recalling that 112 is the telephone number to call emergency services in all the countries of the
European Union (EU), from fixed and mobile phones, free of charge,

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10.II.2009

Recalling that in 1991 it was decided to introduce 112 as the single European emergency call
number in order to make access to emergency services easier by telephone, especially for citizens
travelling within the EU,
Recalling that 112 is operational in all the EU Member States, and that it is the sole number that can
be used in all EU Member States and co-exists in the majority of them with one or several distinct
national emergency numbers,
Recalling that there has been increased mobility of citizens within the EU for work, study and
leisure over recent years, who may find themselves in an emergency situation abroad, and who
would benefit from a reliable emergency service in the single market,
Recalling that citizens can dial 112 for all emergencies and that calls to 112 should be appropriately
answered and handled in a manner best suited to the national organisation of emergency systems,
and that information about the caller location should be made available to emergency services,
Recalling the importance for the EU of reinforcing its capacity to address all phases of disaster
(preparedness, prevention, response and recovery), where early warning systems can benefit from
the information made available by citizens calling 112,
Mindful of the importance of emergency services that assist citizens in cases of distress and of the
need to further encourage Member States' on-going efforts by highlighting the benefits that can be
derived from reinforcing networking and exchanging experiences on different technical, economic,
legal and organisational issues at EU level,
Recalling the social importance of citizens identifying 112 as one of the significant results that the
EU has delivered,
Recalling that only 24 % of EU citizens currently identify 112 as the number to be called in case of
emergency anywhere in the EU and that just 30 % of EU citizens are of the view that they are
adequately informed about the existence of 112,
Underlining the necessity to increase visibility and awareness of the single European emergency
number 112, the benefits for citizens of which should be celebrated each year,
The European Parliament, the Council of the European Union and the European Commission
Approve the establishment of a "European 112 Day", to be celebrated on 11 February each year, in
particular by the organisation of awareness-raising, experience-sharing and networking activities."

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10.II.2009

APPOITMETS
Committee of the Regions
The Council adopted a decision appointing as member for the remainder of the current term of
office, which runs until 25 January 2010:
–

Mr Robert BRIGHT, Councillor, Newport City;

–

Ms Emilia MÜLLER, Staatsministerin für Bundes- und Europaangelegenheiten in der
Bayerischen Staatskanzlei,

The Council adopted a decision appointing as an alternate member for the remainder of the current
term of office, which runs until 25 January 2010:
–

Mr André Jorge DIONÍSIO BRADFORD, Secretário Regional da Presidência,
Ponta Delgada, Açores;

–

Mr Horst SEEHOFER, Bayerischer Ministerpräsident.

CDE - Centre for the Development of Enterprise
The Council adopted a decision appointing as Director of the Centre for the Development of
Enterprise, for a term of office ending on 28 February 2010:
–

Mr Mabousso THIAM (Senegal).

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