13.10.2004 EN Official Journal of the European Union L 314/8 COUNCIL DECISION of 4 October 2004 establishing a Social Protection Committee and repealing Decision 2000/436/EC (2004/689/EC) THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, and in particular Article 144 thereof, Having regard to the proposal from the Commission, Having regard to the opinion of the European Parliament (1), Whereas: (1) In its Communication ‘A Concerted Strategy for modernising social protection’ of 14 July 1999 the Commission made suggestions for the enhancement of cooperation in the field of social protection by, among other things, setting up a group of high-level officials. (2) In its Resolution of 16 February 2000, the European Parliament welcomed the Commission's communication and the creation of such a group. (3) In its Conclusions of 17 December 1999 on the strengthening of cooperation for modernising and improving social protection (2), the Council supported the Commission's proposal to establish a mechanism for enhanced cooperation, brought about by the work of the group of high-level officials, for the implementation of this action. The Council stressed that this kind of cooperation should cover all forms of social protection and, where necessary, help the Member States to improve and strengthen their social protection systems in accordance with their national priorities. It also recalled the competence of the Member States for the organisation and financing of social protection and endorsed the four broad objectives within the overall challenge of modernising social protection systems as identified by the Commission: namely to make work pay and provide secure income, to make pensions safe and pension systems sustainable, to promote social inclusion and to ensure high quality and sustainable health care; it also underlined that equality between women and men must be mainstreamed in all activities aiming at these four objectives. Finally, the Council recognised that the aspects relating to finance are common to all the objectives. (4) The Conclusions of the Lisbon European Council on 23 and 24 March 2000 acknowledged the importance of social protection in further developing and modernising an active and dynamic welfare state in Europe, and called upon the Council to strengthen cooperation between Member States by exchanging experiences and best practice on the basis of improved information networks. (5) At Nice and at its subsequent meetings, the European Council has regularly endorsed the work done by the Social Protection Committee in promoting the Community policy exchange on social protection. (6) The Social Protection Committee set up by Council Decision 2000/436/EC of 29 June 2000 (3) has clearly demonstrated its utility as an advisory body for both the Council and the Commission and has contributed actively to the development of the Open Method of Coordination, as established in the Lisbon European Council. (7) Following the entry into force of the Treaty of Nice on 1 February 2003, a Social Protection Committee with additional tasks should replace the existing Committee of the same name, in order to permit the work already done by the latter to be continued. Decision 2000/436/EC should therefore be repealed as from the date on which the new Social Protection Committee takes up its functions, HAS DECIDED AS FOLLOWS: Article 1 1. A Social Protection Committee (hereinafter referred to as the Committee), with advisory status, is hereby established to promote cooperation on social protection policies between Member States and with the Commission, in full compliance with the Treaty and with due regard for the powers of the Community's institutions and organs. 2. The tasks of the Committee shall be: (a) to monitor the social situation and the development of social protection policies in the Member States and the Community; (b) to promote exchanges of information, experience and good practice between Member States and with the Commission; (c) without prejudice to Article 207 of the Treaty, to prepare reports, formulate opinions or undertake other work within its fields of competence, at the request of either the Council or the Commission or on its own initiative. 3. The Committee shall work, as appropriate, in cooperation with other relevant bodies and committees dealing with social and economic policy matters, such as the Employment Committee and the Economic Policy Committee. 4. In fulfilling its mandate, the Committee shall establish appropriate contacts with the social partners and social non-governmental organisations, account being taken of their respective roles and responsibilities in the social protection sphere. The European Parliament shall also be informed regarding the activities of the Committee. Article 2 1. The Committee shall consist of two representatives appointed by each Member State and two representatives of the Commission. The representatives may be assisted by two alternates. Member States and the Commission shall use their best endeavours to achieve a gender balance in the composition of delegations. 2. The Committee may call on external experts where its agenda so requires. 3. The Committee shall establish contacts with representatives of the candidate countries. Article 3 1. The Committee shall elect its chairperson from among the representatives of the Member States for a non-renewable term of two years. The chairperson shall be assisted by four vice-chairpersons of whom two shall be elected by the Committee from among its members for a term of two years. The third shall be a representative from the Member State holding the Presidency of the Council and the fourth shall be a representative from the Member State that will hold the next Presidency. 2. Meetings of the Committee shall be convened by the chairperson, either on his or her own initiative or at the request of at least half of the members of the Committee. 3. The Committee shall establish its own rules of procedure. Expenses shall be reimbursed in accordance with the administrative rules in force. 4. The Commission shall provide the analytical and organisational support for the Committee. It shall designate a member of its staff as Secretary, who shall act on the instructions of the Committee when assisting the Committee in carrying out its tasks. The Commission shall liaise with the General Secretariat of the Council with regard to the holding of meetings. Article 4 The Committee may entrust the study of specific questions to its alternate members or may establish working groups to this end. In such cases, the chair shall be taken by either a member or an alternate member of the Committee or by a Commission official, appointed by the Committee. The working groups may call upon experts to assist them. Article 5 Decision 2000/436/EC shall be repealed as from the date of the first meeting of the Committee. The first meeting of the Committee shall take place no later than four months after the date of adoption of this Decision. Done at Luxembourg, 4 October 2004. For the Council The President A. J. DE GEUS (1) Opinion delivered on 10 February 2004 (not yet published in the Official Journal). (2) OJ C 8, 12.1.2000, p. 7. (3) OJ L 172, 12.7.2000, p. 26.

Summary: Social Protection Committee Social Protection Committee The Council set up a Social Protection Committee, with advisory status, to promote cooperation on social protection policies between Member States and the European Commission. ACT Council Decision 2004/689/EC of 4 October 2004 establishing a Social Protection Committee and repealing Decision 2000/436/EC [Official Journal L 314 of 13.10.2004]. SUMMARY This Council Decision establishes the Social Protection Committee and repeals Decision 2000/436/EC based on the Commission's communication " A Concerted Strategy for modernising social protection ". The aim of this communication was to reflect on the importance of the convergence of social protection objectives and policies and to reaffirm the place of this social protection among the common values of the European Union (EU). The Social Protection Committee was set up to promote cooperation on social protection policies between Member States and the Commission. Its main objectives are to: make work pay and provide secure income; make pensions safe and pension systems sustainable; promote social inclusion; ensure high-quality and sustainable health care. The Social Protection Committee, which has an advisory role, consists of two representatives appointed by each Member State and two representatives of the Commission. It may also establish appropriate contacts with the social partners and social non-governmental organisations. The new Committee retains all the tasks of the former Social Protection Committee, namely: monitoring the social situation and the development of social protection policies in the Member States and the Community; exchanges of information, experience and good practice; preparing reports, formulating opinions or undertaking other work within its fields of competence, at the request of either the Council or the Commission or on its own initiative. In practice, since its foundation, the Committee's work has been largely determined by the strategic objective which the Union set itself in terms of socio-economic progress at the Lisbon European Council in March 2000: "to become the most competitive and dynamic knowledge-based economy in the world, capable of sustainable economic growth with more and better jobs and greater social cohesion". Background The legal basis for the Social Protection Committee is Article 144 of the Treaty of Nice, which provides for the creation of a new Social Protection Committee to promote cooperation on social protection policies between the Member States and the Commission. The purpose of the decision to replace the former committee with this one is essentially procedural - to establish the Committee in line with the new legal basis. References Act Entry into force Deadline for transposition in the Member States Official Journal Decision 2004/689/EC -- -- Official Journal L 314 of 13.10.2004 RELATED ACTS Council Decision 2000/436/EC of 29 June 2000 setting up a Social Protection Committee [COM(2000) 436, Official Journal L 172 of 12.07.2000]. On 29 June 2000, the Council approved the Commission's proposal to help Member States to improve and strengthen their social protection systems. In this communication, the Commission proposes to begin a new phase in the process of examining social protection systems at Community level. To this end, the Council supported the Commission's suggestion to establish a mechanism for enhanced cooperation brought about by the work of the group of high-level officials for the improvement of social protection systems. This group of officials laid the foundations of the Social Protection Committee. The Social Protection Committee has clearly shown its usefulness as an advisory body for both the Council and the Commission, and it has been actively involved in developing the open method of coordination as defined by the Lisbon European Council. Last updated: 01.03.2005


EUR-Lex - 32004D0223 - EN Important legal notice | 32004D0223 2004/223/EC: Council Decision of 26 February 2004 laying down the Rules of the Advisory Committee on Vocational Training Official Journal L 068 , 06/03/2004 P. 0025 - 0026 Council Decisionof 26 February 2004laying down the Rules of the Advisory Committee on Vocational Training(2004/223/EC)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community,Having regard to Council Decision 63/266/EEC of 2 April 1963 laying down general principles for implementing a common vocational training policy(1), and in particular the last subparagraph of the fourth principle thereof,Having regard to the opinion of the Commission,Whereas:(1) On the basis of Decision 63/266/EEC, the Council on 18 December 1963 adopted the Rules of the Advisory Committee on Vocational Training (63/688/EEC)(2).(2) Over the forty years since its creation, the Advisory Committee on Vocational Training provided the Commission with opinions on vocational training issues, including opinions on communications and other strategic documents, on specific undertakings such as the establishment of the European Centre for the Development of Vocational Training, and on the preparation, evaluation and optimisation of Community action programmes in the field of vocational training.(3) The social, political and institutional changes which have taken place since the creation of the Advisory Committee on Vocational Training and the new prospects opened up by the forthcoming accessions require a constructive re-examination of the composition of the Advisory Committee on Vocational Training and its organisational framework. The Rules of the Advisory Committee on Vocational Training (63/688/EEC) and Decision 68/189/EEC should therefore be repealed and replaced.(4) The tripartite structure of the Advisory Committee on Vocational Training and its tasks should be substantially retained, but accompanied by the introduction of a number of changes to streamline its operation,HAS DECIDED AS FOLLOWS:Article 11. The Advisory Committee on Vocational Training (hereinafter called the Committee) shall consist of three members for each Member State, there being one representative for each interest group of national governments, trade unions and employers' organisations.2. Each Member State may nominate a second representative of national governments. However, each interest group will be entitled to only one vote per Member State.3. An alternate member shall be appointed for each member.Without prejudice to Article 7(3), the alternate member shall attend Committee meetings only when the member for whom he or she deputises is unable to be present.4. Members of the Committee shall be nominated by Member States and appointed by the Commission.The Member States shall endeavour to ensure a balanced representation of men and women in the composition of the Committee and shall ensure that the necessary range of skills is available to enable the Committee to accomplish its tasks.Article 21. The Committee shall have the task of assisting the Commission in implementing a Community vocational training policy.2. Specifically, the Committee shall provide the Commission with opinions on the following matters:(a) questions of general importance or of principle concerning vocational training;(b) questions related to the preparation, implementation, evaluation and optimisation of activities carried out or planned by the Commission in the field of vocational training.It shall also conduct exchanges of views and experience in relation to vocational training.3. The Commission shall provide the Committee with the necessary information.Article 31. The term of office of members shall be three years. Their appointments shall be renewable.2. On expiry of their term of office, the members shall remain in office until they are replaced or their appointments are renewed.3. A member's term of office may end before the expiry of the three-year period through his or her resignation or following a communication from the Member State concerned indicating that the term of office is terminated.For the remainder of the term of office, the member shall be replaced in accordance with the procedure laid down in Article 1.Article 41. Within the Committee, there shall be three interest groups, made up of representatives of national governments, trade unions and employers respectively.2. Each interest group shall select one of its members to be its spokesperson.3. Each interest group shall designate a coordinator who will take part in meetings of the Committee, the Bureau set up in Article 5 and the interest group.Article 51. A Bureau shall be formed to organise the Committee's activities.2. The Bureau shall be made up of two representatives of the Commission and the spokespersons and coordinators nominated by the interest groups, or their delegates as laid down in the rules of procedure referred to in Article 8.Article 61. The Committee shall be chaired by the Director-General in charge of Vocational Training at the Commission or, where he or she is prevented from so doing, by one of the Directorate-General's directors to be nominated by the Director General. The Chair shall not vote.2. The Committee shall meet at least twice a year.3. It shall be convened by the Chair, either at his or her initiative or at the request of at least one-third of its members.4. The Chair may, on his or her own initiative, invite experts to participate in Committee meetings.5. The Committee may set up working parties, in accordance with the provisions set out in the rules of procedure referred to in Article 8.6. Representatives of any Commission department concerned shall participate in meetings of the Committee, the Bureau and the working parties.7. The Commission shall provide secretarial services for the Committee, the Bureau and the working parties.8. The following persons may attend meetings of the Committee as observers:(a) the Director of the European Centre for the Development of Vocational Training (Cedefop), or a representative delegated by him/her;(b) the Director of the European Training Foundation, or a representative delegated by him/her;(c) a representative for each interest group of the Member States of the European Economic Area.The Chair may authorise other persons to attend meetings of the Committee as observers.Article 71. An opinion delivered by the Committee shall not be valid unless two-thirds of its voting members are present or represented.2. Opinions of the Committee shall state the reasons on which they are based. They shall be delivered by an absolute majority of the votes validly cast. They shall be accompanied by a written statement of the views expressed by the minority, when the latter so requests.3. The rules of procedure referred to in Article 8 shall define fast-track decision-making procedures.Article 8The Committee shall, having received an opinion from the Commission, adopt its rules of procedure, which shall lay down the practical arrangements for its activities.Article 9Pursuant to Article 287 of the Treaty, Committee members shall be required not to disclose information to which they have gained access through Committee, Bureau or working party proceedings, if the Commission informs them that the opinion requested or the question raised is of a confidential nature.In such cases, only Committee members and representatives of the Commission shall attend the meetings concerned.Article 10The Rules of the Advisory Committee on Vocational Training (63/688/EEC) and Decision 68/189/EEC shall be repealed on the date of the publication of this Decision.Article 11This Decision shall take effect on the day of its publication in the Official Journal of the European Union.Done at Brussels, 26 February 2004.For the CouncilThe PresidentN. Dempsey(1) OJ 63, 20.4.1963, p. 1338/63.(2) OJ 190, 30.12.1963, p. 3090/63. Rules as amended by Decision 68/189/EEC (OJ L 91, 12.4.1968, p. 26).

Summary: Advisory Committee on Vocational Training Advisory Committee on Vocational Training Established to assist the Commission in implementing a Community vocational training policy, the Advisory Committee on Vocational Training consists of three members per Member State, representing the interests of the national government, trade unions and employers' organisations respectively. ACT Council Decision 2004/223/EC of 26 February 2004 laying down the rules of the Advisory Committee on Vocational Training. SUMMARY Over the 40 years since its creation, the Advisory Committee on Vocational Training has provided the Commission with opinions on vocational training issues, including Commission communications and other strategic documents, specific undertakings such as the establishment of the European Centre for the Development of Vocational Training, and the preparation, evaluation and optimisation of Community action programmes in the field of vocational training. Taking account of the social, political and institutional changes which have taken place since the creation of the Advisory Committee on Vocational Training, the new rules adopted require each Member State to provide three members: representing the interests of its government, trade unions and employers' organisations respectively. These representatives, appointed for a three-year term of office (renewable), meet within the Committee and form three interest groups. The Committee is chaired by the Director-General in charge of vocational training at the Commission. It meets at least twice a year and delivers reasoned opinions, adopted by an absolute majority of the votes validly cast. The following persons may attend Committee meetings as observers: the Director of the European Centre for the Development of Vocational Training (Cedefop), the Director of the European Training Foundation (or representatives), and interest group representatives from the member countries of the European Economic Area. The Commission provides secretarial services for the Committee. References Act Entry into force Deadline for transposition in the Member States Official Journal Decision 2004/223/EC 6.03.2004 - OJ L 68 of 6.03.2004 Last updated: 02.05.2007


21.10.2005 EN Official Journal of the European Union L 276/54 COMMISSION RECOMMENDATION of 18 May 2005 on collective cross-border management of copyright and related rights for legitimate online music services (Text with EEA relevance) (2005/737/EC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, and in particular Article 211 thereof, Whereas: (1) In April 2004 the Commission adopted a Communication on the Management of Copyright and Related Rights in the Internal Market. (2) The European Parliament, in its report of 15 January 2004 (1), stated that right-holders should be able to enjoy copyright and related rights protection wherever such rights are established, independent of national borders or modes of use during the whole term of their validity. (3) The European Parliament further emphasised that any action by the Community in respect of the collective cross-border management of copyright and related rights should strengthen the confidence of artists, including writers and musicians, that the pan-European use of their creative works will be financially rewarded (2). (4) New technologies have led to the emergence of a new generation of commercial users that make use of musical works and other subject matter online. The provision of legitimate online music services requires management of a series of copyright and related rights. (5) One category of those rights is the exclusive right of reproduction which covers all reproductions made in the process of online distribution of a musical work. Other categories of rights are the right of communication to the public of musical works, the right to equitable remuneration for the communication to the public of other subject matter and the exclusive right of making available a musical work or other subject matter. (6) Pursuant to Directive 2001/29/EC of the European Parliament and of the Council of 22 May 2001 on the harmonisation of certain aspects of copyright and related rights in the information society (3) and Council Directive 92/100/EEC of 19 November 1992 on rental right and lending right and on certain rights related to copyright in the field of intellectual property (4), a licence is required for each of the rights in the online exploitation of musical works. These rights may be managed by collective rights managers that provide certain management services to right-holders as agents or by individual right-holders themselves. (7) Licensing of online rights is often restricted by territory, and commercial users negotiate in each Member State with each of the respective collective rights managers for each right that is included in the online exploitation. (8) In the era of online exploitation of musical works, however, commercial users need a licensing policy that corresponds to the ubiquity of the online environment and which is multi-territorial. It is therefore appropriate to provide for multi-territorial licensing in order to enhance greater legal certainty to commercial users in relation to their activity and to foster the development of legitimate online services, increasing, in turn, the revenue stream for right-holders. (9) Freedom to provide collective management services across national borders entails that right-holders are able to freely choose the collective rights manager for the management of the rights necessary to operate legitimate online music services across the Community. That right implies the possibility to entrust or transfer all or a part of the online rights to another collective rights manager irrespective of the Member State of residence or the nationality of either the collective rights manager or the rights-holder. (10) Fostering effective structures for cross-border management of rights should also ensure that collective rights managers achieve a higher level of rationalisation and transparency, with regard to compliance with competition rules, especially in the light of the requirements arising out of the digital environment. (11) The relationship between right-holders and collective rights managers, whether based on contract or statutory membership rules, should include a minimum protection for right-holders with respect to all categories of rights that are necessary for the provision of legitimate online music services. There should be no difference in treatment of right-holders by rights managers on the basis of the Member State of residence or nationality. (12) Royalties collected on behalf of right-holders should be distributed equitably and without discrimination on the grounds of residence, nationality, or category of right-holder. In particular, royalties collected on behalf of right-holders in Member States other than those in which the right-holders are resident or of which they are nationals should be distributed as effectively and efficiently as possible. (13) Additional recommendations on accountability, right-holder representation in the decision-making bodies of collective rights managers and dispute resolution should ensure that collective rights managers achieve a higher level of rationalisation and transparency and that right-holders and commercial users can make informed choices. There should be no difference in treatment on the basis of category of membership in the collective rights management society: all right-holders, be they authors, composers, publishers, record producers, performers or others, should be treated equally. (14) It is appropriate to continuously assess the development of the online music market, HEREBY RECOMMENDS: Definitions 1. For the purposes of this Recommendation the following definitions are applied: (a) ‘management of copyright and related rights for the provision of legitimate online music services at Community level’ means the provision of the following services: the grant of licences to commercial users, the auditing and monitoring of rights, the enforcement of copyright and related rights, the collection of royalties and the distribution of royalties to right-holders; (b) ‘musical works’ means any musical work or other protected subject matter; (c) ‘repertoire’ means the catalogue of musical works which is administered by a collective rights manager; (d) ‘multi-territorial licence’ means a licence which covers the territory of more than one Member state; (e) ‘collective rights manager’ means any person providing the services set out in point (a) to several right-holders; (f) ‘online rights’ means any of the following rights: (i) the exclusive right of reproduction that covers all reproductions provided for under Directive 2001/29/EC in the form of intangible copies, made in the process of online distribution of musical works; (ii) the right of communication to the public of a musical work, either in the form of a right to authorise or prohibit pursuant to Directive 2001/29/EC or a right to equitable remuneration in accordance with Directive 92/100/EEC, which includes webcasting, internet radio and simulcasting or near-on-demand services received either on a personal computer or on a mobile telephone; (iii) the exclusive right of making available a musical work pursuant to Directive 2001/29/EC, which includes on-demand or other interactive services; (g) ‘right-holder’ means any natural or legal person that holds online rights; (h) ‘commercial user’ means any person involved in the provision of online music services who needs a licence from right-holders in order to provide legitimate online music services; (i) ‘reciprocal representation agreement’ means any bilateral agreement between collective rights managers whereby one collective rights manager grants to the other the right to represent its repertoire in the territory of the other. General 2. Member States are invited to take the steps necessary to facilitate the growth of legitimate online services in the Community by promoting a regulatory environment which is best suited to the management, at Community level, of copyright and related rights for the provision of legitimate online music services. The relationship between right-holders, collective rights managers and commercial users 3. Right-holders should have the right to entrust the management of any of the online rights necessary to operate legitimate online music services, on a territorial scope of their choice, to a collective rights manager of their choice, irrespective of the Member State of residence or the nationality of either the collective rights manager or the right-holder. 4. Collective rights managers should apply the utmost diligence in representing the interests of right-holders. 5. With respect to the licensing of online rights the relationship between right-holders and collective rights managers, whether based on contract or statutory membership rules, should, at least be governed by the following: (a) right-holders should be able to determine the online rights to be entrusted for collective management; (b) right-holders should be able to determine the territorial scope of the mandate of the collective rights managers; (c) right-holders should, upon reasonable notice of their intention to do so, have the right to withdraw any of the online rights and transfer the multi territorial management of those rights to another collective rights manager, irrespective of the Member State of residence or the nationality of either the collective rights manager or the right-holder; (d) where a right-holder has transferred the management of an online right to another collective rights manager, without prejudice to other forms of cooperation among rights managers, all collective rights managers concerned should ensure that those online rights are withdrawn from any existing reciprocal representation agreement concluded amongst them. 6. Collective rights managers should inform right-holders and commercial users of the repertoire they represent, any existing reciprocal representation agreements, the territorial scope of their mandates for that repertoire and the applicable tariffs. 7. Collective rights managers should give reasonable notice to each other and commercial users of changes in the repertoire they represent. 8. Commercial users should inform collective right managers of the different features of the services for which they want to acquire online rights. 9. Collective rights managers should grant commercial users licences on the basis of objective criteria and without any discrimination among users. Equitable distribution and deductions 10. Collective rights managers should distribute royalties to all right-holders or category of right-holders they represent in an equitable manner. 11. Contracts and statutory membership rules governing the relationship between collective rights managers and right-holders for the management, at Community level, of musical works for online use should specify whether and to what extent, there will be deductions from the royalties to be distributed for purposes other than for the management services provided. 12. Upon payment of the royalties collective rights managers should specify vis-à-vis all the right-holders they represent, the deductions made for purposes other than for the management services provided. Non-discrimination and representation 13. The relationship between collective rights managers and right-holders, whether based on contract or statutory membership rules should be based on the following principles: (a) any category of right-holder is treated equally in relation to all elements of the management service provided; (b) the representation of right-holders in the internal decision making process is fair and balanced. Accountability 14. Collective rights managers should report regularly to all right-holders they represent, whether directly or under reciprocal representation agreements, on any licences granted, applicable tariffs and royalties collected and distributed. Dispute settlement 15. Member States are invited to provide for effective dispute resolution mechanisms, in particular in relation to tariffs, licensing conditions, entrustment of online rights for management and withdrawal of online rights. Follow-up 16. Member States and collective rights managers are invited to report, on a yearly basis, to the Commission on the measures they have taken in relation to this Recommendation and on the management, at Community level, of copyright and related rights for the provision of legitimate online music services. 17. The Commission intends to assess, on a continuous basis, the development of the online music sector and in the light of this Recommendation. 18. The Commission will to consider, on the basis of the assessment referred to in point 17, the need for further action at Community level. Addressees 19. This Recommendation is addressed to the Member States and to all economic operators which are involved in the management of copyright and related rights within the Community. Done at Brussels, 18 May 2005. For the Commission Charlie McCREEVY Member of the Commission (1) A5-0478/2003. (2) See recital 29. (3) OJ L 167, 22.6.2001, p. 10. (4) OJ L 346, 27.11.1992, p. 61. Directive as amended by Directive 2001/29/EC.

Summary: Management of online rights in musical works Management of online rights in musical works This Recommendation proposes measures to improve the licensing of online music across the European Union (EU). It aims to make EU-wide licences more easily accessible to online music service providers and thus help these services to take off in Europe. ACT Commission Recommendation 2005/737/EC of 18 May 2005 on collective cross-border management of copyright and related rights for legitimate online music services (Official Journal L 276 of 21 October 2005, p. 54-57). SUMMARY This Recommendation on the management of online rights in musical works puts forward measures for improving the EU-wide licensing of copyright and related rights for legitimate online music services. In particular, it recommends that rights-holders and commercial users of material protected by copyright or related rights should be given a choice as to their preferred model of licensing. Improvements are necessary because new Internet-based services such as ‘webcasting’ , ‘streaming’ or on on-demand music downloads need a licence that covers their activities throughout the EU. Relations between rights-holders, collective rights managers and commercial users Rights-holders should be able to able to assign the management of the rights necessary to operate online music services, on the territorial scale of their choice, to the rights manager of their choice. The choice of such a rights manager should be possible irrespective of the latter's EU country of residence or nationality. As regards the licensing of online rights , the relationship between rights-holders and collective rights managers, should be governed by, at least, the following: — rights-holders should be able to determine the online rights to be entrusted for collective management; — rights-holders should be able to determine the territorial scope of the mandate of the collective rights managers (i.e. the countries covered); — rights-holders should have the right to withdraw any of the online rights and transfer the management of those rights to another collective rights manager, irrespective of the latter's EU country of residence or nationality. Collective rights managers should inform rights-holders and commercial users of the repertoire they represent, any existing reciprocal representation agreements, the territorial scope of their mandates for that repertoire and the applicable tariffs. Collective rights managers should grant commercial users licences on the basis of objective criteria and without any discrimination. Equitable distribution and deductions Collective rights managers should distribute royalties charged on downloaded online music to all rights-holders or the category of rights-holders they represent in an equitable manner. Contracts between collective rights managers and rights-holders should specify whether any deductions from the royalties are to be distributed for purposes other than for the management services provided. Such deductions should be specified to rights-holders upon payment of the royalties. Non-discrimination and representation The relationship between collective rights managers and rights-holders should be based on the following principles: — equal treatment of any category of rights-holder as regards all elements of the management service provided; — fair and balanced representation of rights-holders in the internal decision-making process. Accountability Collective rights managers should report regularly to all rights-holders they represent on any licences granted, applicable tariffs and royalties collected and distributed. Dispute settlement EU countries should provide for dispute resolution mechanisms, in particular in relation to tariffs, licensing conditions, entrustment of online rights for management and withdrawal of rights. Multi-territorial licensing of rights: new Directive In 2014, Directive 2014/26/EU was adopted. It aims to enable online service providers to obtain licenses for cross-border music services from collective management organisations operating across EU borders. It should also increase transparency and efficiency in the functioning of copyright collective management organisations. EU countries are required to incorporate its provisions in their national law before 10 April 2016. Background In July 2005, the European Commission published a study on the detailed rules for issuing licences to use musical works over the internet. The study concluded that there was a need to reorganise the cross-border collective management of copyright and related rights for the use of online music. To this end, it suggested, in particular, enabling rights-holders to authorise a collective rights manager of their choice to manage their work throughout the EU. KEY TERMS Webcasting: the broadcasting of audio and/or video content over the internet. Streaming: technology used in webcasting for the broadcasting of audio and video content. Rights-holder: any natural or legal person who holds rights. Collective rights manager: any organisation the sole or one of the main objects of which is to manage or administer copyright or related rights. Online rights cover: — exclusive right of reproduction; — the right of communication to the public of a musical work, either in the form of a right to authorise or prohibit, or a right to equitable remuneration. This includes webcasting, internet radio and near-on-demand services received either on a personal computer or on a mobile telephone; — the exclusive right of making available a musical work, which includes on-demand or other interactive services. Commercial user: any person involved in the provision of online music services who needs a licence from right-holders in order to provide legitimate online music services. Repertoire: the catalogue of musical works administered by a collective rights manager. Further information is available from the European Commission's Directorate-General for Internal Market, Industry, Entrepreneurship and SMEs website. RELATED ACTS Directive 2014/26/EU of the European Parliament and of the Council of 26 February 2014 on collective management of copyright and related rights and multi-territorial licensing of rights in musical works for online use in the internal market (Official Journal L 84 of 20.3.2014, p. 72-98). Last updated: 06.03.2015


EUR-Lex - 32004R0501 - EN Avis juridique important | 32004R0501 Regulation (EC) No 501/2004 of the European Parliament and of the Council of 10 March 2004 on quarterly financial accounts for general government (Text with EEA relevance) Official Journal L 081 , 19/03/2004 P. 0001 - 0005 Regulation (EC) No 501/2004 of the European Parliament and of the Councilof 10 March 2004on quarterly financial accounts for general government(Text with EEA relevance)THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 285 thereof,Having regard to the proposal from the Commission,Having regard to the opinion of the European Central Bank(1),Acting in accordance with the procedure laid down in Article 251 of the Treaty(2),Whereas:(1) Council Regulation (EC) No 2223/96 of 25 June 1996 on the European system of national and regional accounts in the Community(3) contains the reference framework of common standards, definitions, classifications and accounting rules for drawing up the accounts of the Member States for the statistical requirements of the Community, in order to obtain comparable results between Member States.(2) The report by the Monetary Committee on information requirements, endorsed by the ECOFIN Council on 18 January 1999, underlined that, for the proper functioning of Economic and Monetary Union and the single market, effective surveillance and coordination of economic policies are of major importance and that this requires a comprehensive statistical information system providing policy-makers with the necessary data on which to base their decisions. That report also stated that high priority should be given to short-term public finance statistics for Member States, in particular those participating in Economic and Monetary Union, and that the objective was the compilation of quarterly government financial accounts following a step-by-step approach.(3) Quarterly national data of financial accounts (transactions and balance sheets) for the government sector make up a large proportion of all financial transactions and financial balance sheets in the euro area and provide important information to support the conduct of monetary policy. In this respect and for its own purpose the Governing Council of the European Central Bank has adopted regulations and guidelines to safeguard the transmission of infra-annual data on financial statistics and national financial accounts to the European Central Bank.(4) Counterpart sector information on government financial transactions and balance sheets is required to enable comprehensive analysis of government financing and financial investment by counterpart sector and by instrument.(5) Commission Regulation (EC) No 264/2000 of 3 February 2000 on the implementation of Council Regulation (EC) No 2223/96 with respect to short-term public finance statistics(4) and Regulation (EC) No 1221/2002 of the European Parliament and of the Council, of 10 June 2002 on quarterly non-financial accounts for general government(5) specify the non-financial quarterly data for general government that is to be transmitted to the Commission (Eurostat) by Member States.(6) Articles 2 and 3 of Regulation (EC) No 2223/96 lay down the conditions under which the Commission may adopt amendments to the methodology of the European System of Accounts in order to clarify and improve its contents. The compilation of government quarterly financial accounts will require additional resources in Member States, and cannot therefore be dealt with by a Commission Decision but should rather be adopted by a specific Regulation of the European Parliament and of the Council.(7) The Statistical Programme Committee (SPC) set up by Council Decision 89/382/EEC, Euratom(6), and the Committee on Monetary, Financial and Balance of Payments Statistics (CMFB) set up by Council Decision 91/115/EEC,(7) declared themselves in favour of the draft of this Regulation,HAVE ADOPTED THIS REGULATION:Article 1PurposeThe purpose of this Regulation is to list and define the main characteristics of the European System of Accounts (ESA 95) categories of financial transactions and of financial assets and liabilities for the general government sector and for each of the subsectors within general government, to be transmitted to the Commission (Eurostat) quarterly following a step-by-step approach.Article 2Compilation of quarterly data: sources and methods1. With a view to achieving high-quality statistics, quarterly data for financial transactions and for financial assets and liabilities shall be based as far as possible on information directly available within general government. However, quarterly data on unquoted shares (AF.512) and other equity (AF.513), as defined and codified in ESA 95 and held by general government units, may be estimated by interpolating and extrapolating information on the respective annual data.2. The compilation of quarterly data for financial transactions and for financial assets and liabilities shall comply with the ESA 95 rules, especially concerning the sectoral classification of institutional units, consolidation rules, the classification of financial transactions and financial assets and liabilities, the time of recording, and valuation rules.3. The quarterly data and the corresponding annual data transmitted to the Commission in accordance with Regulation (EC) No 2223/96 shall be mutually consistent.4. The quarterly data on financial assets and liabilities are the outstanding amounts of financial assets and liabilities at the end of each quarter.Article 3Transmission of quarterly data on financial transactions, financial assets and liabilities1. Member States shall transmit to the Commission (Eurostat) quarterly data on financial transactions (F.) and on financial assets and liabilities (AF.) for the following list of instruments as defined and codified in ESA 95:(a) monetary gold and special drawing rights (SDRs) (F.1 and AF.1);(b) currency and deposits (F.2 and AF.2);(c) short-term securities other than shares, excluding financial derivatives (F.331 and AF.331);(d) long-term securities other than shares, excluding financial derivatives (F.332 and AF.332);(e) financial derivatives (F.34 and AF.34);(f) short-term loans (F.41 and AF.41);(g) long-term loans (F.42 and AF.42);(h) shares and other equity (F.5 and AF.5);(i) net equity of households in life insurance reserves and in pension fund reserves (F.61 and AF.61);(j) prepayments of insurance premiums and reserves for outstanding claims (F.62 and AF.62);(k) other accounts receivable/payable (F.7 and AF.7).2. Member States shall also transmit to the Commission (Eurostat) quarterly data for the central government subsector (S.1311) as referred to in Article 4 as follows:(a) quoted shares (F.511 and AF.511), in respect of financial asset transactions and financial assets;(b) currency (F.21 and AF.21), in respect of liability transactions and liabilities.Article 4Coverage of the general government sector and subsectorsMember States shall transmit quarterly data for the general government sector and its subsectors as defined and codified in ESA 95, as general government (S.13), comprising:- central government (S.1311),- State government (S.1312),- local government (S.1313),- social security funds (S.1314).Article 5Nature of the quarterly data covered by the transmission1. Quarterly data as referred to in Article 3 shall be transmitted on a consolidated basis for the general government subsectors as referred to in Article 4.2. Quarterly data as referred to in Article 3 shall be transmitted on both a consolidated and a non-consolidated basis for the general government sector (S.13) as referred to in Article 4.3. Quarterly data with breakdown by counterpart sector shall be provided for the subsectors central government (S.1311) and social security funds (S.1314) as referred to in Article 4 and described in the Annex to this Regulation.Article 6Timetable for the transmission of quarterly data1. Quarterly data as referred to in Articles 3, 4 and 5 shall be transmitted to the Commission (Eurostat) at the latest by three months after the end of the quarter to which the data relate.2. Any revision of quarterly data for previous quarters shall be transmitted at the same time.3. The first transmission of quarterly data as referred to in Articles 3, with the exception of other accounts receivable/payable (F.7 and AF.7), 4 and 5 shall be made in accordance with the following timetable:(a) for the central government subsector (S.1311) and for the social security funds subsector (S.1314), no later than 30 June 2004; the Commission may grant a derogation, not exceeding 18 months, for the starting date of transmission of data with breakdown by counterpart sector and of some data on financial transactions and financial assets and liabilities, in so far as the national statistical systems require major adaptations;(b) for the State government (S.1312) and local government (S.1313) subsectors:(i) no later than 30 June 2004 for the transactions in liabilities and liabilities as detailed under Article 3(1); the Commission may grant a derogation, not exceeding 18 months, for the starting date of transmission of those data, in so far as the national statistical systems require major adaptations;(ii) no later than 30 June 2005 for the transactions in financial assets and assets as detailed under Article 3(1); the Commission may grant a derogation, not exceeding six months, for the starting date of transmission of those data, in so far as the national statistical systems require major adaptations;(c) for the general government sector (S.13), no later than 30 June 2005; the Commission may grant a derogation, not exceeding six months, for the starting date of transmission of those data, in so far as the national statistical systems require major adaptations.4. The first transmission to the Commission (Eurostat) of quarterly data for other accounts receivable/payable (F.7 and AF.7) and for the general government sector (S.13) and its subsectors as referred to in Article 4 shall be no later than 30 June 2005. The Commission may grant a derogation, not exceeding six months, for the starting date of transmission of those data, in so far as the national statistical systems require major adaptations.Article 7Provisions relating to back data1. Quarterly data as referred to in Article 6 shall cover back data for financial transactions from the first quarter of 1999 and financial balance sheets from the fourth quarter of 1998 in accordance with the timetable specified in Article 6(3) and (4) for the first transmission of data.2. Where necessary, back data may be based on "best estimates", respecting in particular the provisions of Article 2(2) and (3).Article 8Implementation1. Member States shall provide the Commission (Eurostat) with a description of the sources and methods used to compile the quarterly data referred to in Article 3 (initial description), when they first start to transmit quarterly data in accordance with the timetable referred to in Article 6(3) and (4).2. Member States shall inform the Commission (Eurostat) of any changes to this initial description when they communicate the revised data.3. The Commission (Eurostat) shall keep the Statistical Programme Committee (SPC) and the Committee on Monetary, Financial and Balance of Payments Statistics (CMFB) informed of the sources and methods used by each Member State.Article 9ReportOn the basis of the transmission of data referred to in Articles 3, 4, and 5, and after consulting the SPC and the CMFB, the Commission shall, by 31 December 2005 at the latest, submit to the European Parliament and the Council a report containing an assessment of the reliability of the quarterly data delivered by Member States.Article 10Entry into forceThis Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.This Regulation shall be binding in its entirety and directly applicable in all Member States.Done at Strasbourg, 10 March 2004.For the European ParliamentThe PresidentP. CoxFor the CouncilThe PresidentD. Roche(1) OJ C 165, 16.7.2003, p. 6.(2) Opinion of the European Parliament of 21 October 2003 (not yet published in the Official Journal), Council Common Position of 22 December 2003 (not yet published in the Official Journal) and Position of the European Parliament of 10 February 2004 (not yet published in the Official Journal).(3) OJ L 310, 30.11.1996, p. 1. Regulation as last amended by Regulation (EC) No 1267/2003 of the European Parliament and of the Council (OJ L 180, 18.7.2003, p. 1).(4) OJ L 29, 4.2.2000, p. 4.(5) OJ L 179, 9.7.2002, p. 1.(6) OJ L 181, 28.6.1989, p. 47.(7) OJ L 59, 6.3.1991, p. 19. Decision as amended by Decision 96/174/EC (OJ L 51, 1.3.1996, p. 48).ANNEXBREAKDOWN BY COUNTERPART SECTOR(1)Central government (S.1311) and social security funds (S.1314) financial transactions and financial balance sheets(2)>PIC FILE= "L_2004081EN.000502.TIF">(1) Framed boxes indicate the reporting requirements.(2) The codes, taken from ESA 95, indicate: S: sectors/subsectors; F: financial transactions; and AF: financial balance sheet items.

Summary: EU countries’ quarterly financial statistics for general government EU countries’ quarterly financial statistics for general government SUMMARY OF: Regulation (EC) No 501/2004 on general government’s quarterly financial accounts WHAT IS THE AIM OF THE REGULATION? It lists and defines the main categories of public sector financial transactions* and financial assets* and liabilities* whose details European Union (EU) countries must communicate to the European Commission (Eurostat) every 3 months. KEY POINTS According to Eurostat, general government consists of 4 sub-sectors: central government; state government; local government; and social security funds. The information on financial transactions and financial assets and liabilities which EU countries’ statistics offices must provide to Eurostat, every quarter are set out in ESA 95. It covers: gold and special drawing rights* currency and deposits short-* and long-term securities*, other than shares and financial derivatives* financial derivatives (a contract between one or more parties based upon a financial asset(s)) short-term loans* shares and other equity* net equity of households in life insurance and pension funds prepayments of insurance premiums and reserves for outstanding claims other accounts receivable or payable. The data which EU countries must provide to Eurostat cover central, state and local government and social security funds as well as general government (consolidated and non-consolidated). Deadlines exist for transmitting the data. For instance, in general, they should be forwarded to Eurostat at the latest 3 months after the quarter they cover. EU governments must explain to Eurostat the sources and methods they use to compile the data they provide. Eurostat must inform the European Statistical System Committee and the Committee on Monetary, Financial and Balance Statistics of the sources and methods each EU government uses. The Commission, by 31 December 2005 at the latest, had to present a report to the European Parliament and the Council assessing the reliability of the national quarterly data. FROM WHEN DOES THE REGULATION APPLY? It has applied since 8 April 2004 and applied up to 31 August 2014. BACKGROUND The European system of national and regional accounts, known as ESA 95 (now replaced by ESA 2010), collects comparable, up-to-date and reliable information on the structure and developments of national and regional economies in the EU. * KEY TERMS Financial transaction: agreement, communication or movement between a buyer and a seller to exchange an asset for payment. Financial asset: something owned, such as cash, goods, land, buildings or equipment, that can provide future benefits. Liabilities: obligations that require either money to be paid or services to be performed. Special drawing rights: a form of international money, created by the International Monetary Fund, based on a weighted average of various convertible currencies. Short-term securities: assets expected to expire or be liquidated within 1 year with some exceptions. Examples are treasury bills. Long-term security: a financial instrument, such as a bond. Financial derivative: a contract whose value comes from the performance of an underlying entity, such as an asset, index, or interest rate. Short-term loan: a loan scheduled to be repaid in less than a year. Shares and other equity: a company’s equity comprises stocks (shares) or other forms of security that represent an ownership interest. MAIN DOCUMENT Regulation (EC) No 501/2004 of the European Parliament and of the Council of 10 March 2004 on quarterly financial accounts for general government (OJ L 81, 19.3.2004, pp. 1-5) Successive amendments to Regulation (EC) No 501/2004 have been incorporated in the original text. This consolidated version is of documentary value only. last update 27.02.2017


21.12.2004 EN Official Journal of the European Union L 373/1 COUNCIL REGULATION (EC) No 2182/2004 of 6 December 2004 concerning medals and tokens similar to euro coins THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, and in particular the third sentence of Article 123(4) thereof, Having regard to the proposal from the Commission, Having regard to the opinion of the European Central Bank (1), Whereas: (1) On 1 January 1999, the euro became the legal currency of the participating Member States in accordance with the requirements of Council Regulation (EC) No 974/1998 of 3 May 1998 on the introduction of the euro (2) and of those third countries which have concluded an agreement with the Community on the introduction of the euro, namely Monaco, San Marino, and the Vatican City. (2) Council Regulation (EC) No 975/1998 of 3 May 1998 on denominations and technical specifications of euro coins intended for circulation (3) defined the basic features of euro coins. Euro coins, following their introduction in January 2002, circulate throughout the euro area as sole legal tender in metallic form. (3) Commission Recommendation 2002/664/EC of 19 August 2002 concerning medals and tokens similar to the euro coins (4) recommended that certain visual characteristics should be avoided in the sale and production, stocking, importation and distribution, for sale or for other commercial purposes, of medals and tokens whose size is close to that of euro coins. (4) The Commission Communication of 23 July 1997 on the use of the euro symbol established the symbol ‘€’ and called upon all currency users to use the symbol for the description of monetary amounts denominated in euro. (5) The Commission communication of 22 October 2001 on copyright protection of the common face design of the euro coins (5) defined the arrangements to be applied for the reproduction of the common face design of euro coins. (6) The visual characteristics of the euro coins were published by the Commission on 28 December 2001 (6). (7) Citizens may be led to believe that medals and tokens bearing the terms ‘euro’ or ‘euro cent’, the euro symbol, or a design similar to that which appears on the common face or on any of the national sides of the euro coins, have legal-tender status in any of the Member States that have adopted the euro, or in a participating third country. (8) There is an increasing risk that medals and tokens having a size and metal properties similar to euro coins may be unlawfully used in the place of euro coins. (9) It is therefore appropriate that medals and tokens having visual characteristics, size or metal properties which are similar to euro coins should not be sold, produced, imported or distributed for the purpose of sale or for other commercial purposes. (10) It is for each Member State to introduce applicable sanctions for infringements, with a view to achieving an equivalent protection of the euro against similar medals and tokens throughout the Community. HAS ADOPTED THIS REGULATION: Article 1 Definitions For the purposes of this Regulation the following definitions shall apply: (a) ‘euro’ means the legal currency of participating Member States as defined in Article 1 of Regulation (EC) No 974/98 and of those participating third countries which have concluded an agreement with the Community on the introduction of the euro (hereinafter referred to as participating third countries); (b) ‘euro symbol’ means the symbol representing the euro ‘€’ as shown and described in Annex I; (c) ‘medals and tokens’ means those metallic objects, other than blanks intended for striking coins, which have the appearance and/or technical properties of a coin but are not issued under national or participating third country legislative provisions or other foreign legislative provisions, and which therefore are neither a legal means of payment nor legal tender; (d) ‘gold’, ‘silver’ and ‘platinum’ mean alloys containing gold, silver and platinum with a millesimal fineness in weight of at least 375, 500 and 850 respectively. This definition shall not concern hallmarking conventions applicable in Member States; (e) ‘European Technical and Scientific Centre’ (hereinafter referred to as ETSC) means the entity established by the Commission Decision of 29 October 2004; (f) ‘reference band’ shall have the meaning given to it in Section 1 of Annex II. Article 2 Protective provisions Subject to Articles 3 and 4, the production and sale of medals and tokens, and their importation and distribution for sale or for other commercial purposes, shall be prohibited in the following circumstances: (a) when the terms ‘euro’ or ‘euro cent’ or the euro symbol appear on their surface; or (b) when their size is inside the reference band; or (c) when any design appearing on the surface of medals and tokens is similar to any of the national obverse designs or to the common reverse face of euro coins, or is identical or similar to the edge design of the two-euro coin. Article 3 Exemptions 1. Medals and tokens bearing the terms ‘euro’ or ‘euro cent’ or the euro symbol without an associated nominal value shall not be prohibited when their size is outside the reference band. 2. Medals and tokens whose size is inside the reference band shall not be prohibited when: (a) they are pierced with a hole of over 6 millimetres in the centre, or when their shape is polygonal but not exceeding six edges, provided the condition under point (c)(ii) is respected; or (b) they are made of gold or silver or platinum; or (c) when they fulfil the following conditions: (i) the combinations of diameter and edge height of medals and tokens are consistently outside the ranges defined in each of the cases specified in Section 2 of Annex II; and (ii) the combinations of diameter and metal properties of medals and tokens are consistently outside the ranges defined in each of the cases specified in Section 3 of Annex II. Article 4 Derogations by authorisation 1. The Commission may grant specific authorisations to use the terms ‘euro’ or ‘euro cent’ or the euro symbol under controlled conditions of utilisation in cases where no risk of confusion exists. In such cases, the economic operator concerned within a Member State shall be clearly identifiable on the surface of the medal or token and the indication ‘Not legal tender’ must be stamped on the obverse or the reverse of the medal or token. 2. The Commission shall be competent to declare whether a design is ‘similar’ within the meaning of Article 2(c). Article 5 Existing medals and tokens Medals and tokens issued before the entry into force of this Regulation which do not satisfy the conditions set out in Articles 2, 3 and 4 may continue to be used until the end of the year 2009, at the latest, unless they are capable of being used in place of euro coins. Those medals and tokens shall be recorded, if appropriate, according to the procedures applicable in the Member States and communicated to the ETSC. Article 6 Sanctions 1. Member States shall lay down the rules on sanctions applicable to infringements of the provisions of this Regulation and shall take all measures necessary to ensure that they are implemented. The sanctions provided for must be effective, proportionate and dissuasive. 2. Member States shall adopt by 1 July 2005 the laws, regulations and administrative provisions for applying this Article. They shall forthwith inform the Commission thereof. Article 7 Applicability This Regulation shall apply in the participating Member States as defined in Regulation (EC) No 974/98. Article 8 Entry into force This Regulation shall enter into force on the day following its publication in the Official Journal of the European Union. This Regulation shall be binding in its entirety and directly applicable in the Member States in accordance with the Treaty establishing the European Community. Done at Brussels, 6 December 2004. For the Council The President H. HOOGERVORST (1) OJ C 134, 12.5.2004, p. 11. (2) OJ L 139, 11.5.1998, p. 1. Regulation as amended by Regulation (EC) No 2596/2000 (OJ L 300, 29.11.2000, p. 2). (3) OJ L 139, 11.5.1998, p. 6. Regulation as amended by Regulation (EC) No 423/1999 (OJ L 52, 27.2.1999, p. 2). (4) OJ L 225, 22.8.2002, p. 34. (5) OJ C 318, 13.11.2001, p. 3. (6) OJ C 373, 28.12.2001, p. 1. ANNEX I APPEARANCE OF THE EURO SYMBOL AS MENTIONED IN ARTICLE 1 ANNEX II 1. Definition of the reference band referred to in Article 1 (a) The reference band for the size of medals and tokens is the set of combinations between the values for diameter and values for edge height included in the reference range for diameter and the reference range for edge height respectively. (b) Reference range for diameter is the one between 19,00 millimetres and 28,00 millimetres. (c) Reference range for edge height is the one included between 7,00 % and 12,00 % of each value within the reference range for diameter. 2. Ranges referred to in Article 3(2)(c)(i) Defined ranges Diameter (mm) Edge height (mm) 1. 19,45-20,05 1,63-2,23 2. 21,95-22,55 1,84-2,44 3. 22,95-23,55 2,03-2,63 4. 23,95-24,55 2,08-2,68 5. 25,45-26,05 1,90-2,50 3. Ranges referred to in Article 3(2)(c)(ii) Diameter (mm) Metal properties 1. 19,00-21,94 Electrical conductivity between 14,00 and 18,00 % IACS 2. 21,95-24,55 Electrical conductivity between: — 14,00 and 18,00 % IACS; or — 4,50 and 6,50 % IACS, unless the medal or token is of single alloy and its magnetic moment is outside the range from 1,0 to 7,0 μVs.cm 3. 24,56-26,05 Electrical conductivity between: — 15,00 and 18,00 % IACS; or — 13,00 and 15,00 % IACS, unless the medal or token is of single alloy and its magnetic moment is outside the range from 1,0 to 7,0 μVs.cm 4. 26,06-28,00 Electrical conductivity between 13,00 and 15,00 % IACS, unless the medal or token is of single alloy and its magnetic moment is outside the range from 1,0 to 7,0 μVs.cm 4. Graphical representation The following graph provides an indicative illustration of definitions in this Annex:

Summary: Medals and tokens similar to euro coins Medals and tokens similar to euro coins SUMMARY OF: Regulation (EC) No 2182/2004 concerning medals and tokens similar to euro coins WHAT IS THE AIM OF THE REGULATION? It lays down uniform conditions for the production of medals and tokens similar to euro coins in order to protect citizens from the risk of confusion or fraud. It defines the use of the terms relating to the euro, on the one hand, and the degree of technical similarity between medals/tokens and euro coins, on the other. KEY POINTS The regulation is designed to protect the public from the risk of confusion or fraud caused by metallic objects, such as medals and tokens, with strong similarities to euro coins. Not only could such medals and tokens be mistaken for legal tender (accepted if offered in payment like coins or notes), they could also be used illegally instead of euro coins. For the purposes of the regulation, medals and tokens are defined as metallic objects that have the appearance and/or technical properties of euro coins, but that are not issued under national or participating non-EU country legislative measures or other foreign legislative measures and that therefore are neither a legal means of payment nor legal tender. The regulation prohibits the production, sale, importation and distribution (for sale or for other commercial purposes) of medals and tokens having visual characteristics or properties similar to the single currency. Medals and tokens must not bear the term ‘euro’ or ‘euro cent’ or the euro symbol on their surface. They also may not include any design similar to designs depicted on euro coins, symbols representing the sovereignty of European Union (EU) countries, the edge shape or design of euro coins or the euro symbol. Lastly, medals and tokens must not be of the same size as euro coins. The European Commission is to specify whether a metallic object is a medal or token and whether the prohibitions of this regulation apply. Medals and tokens bearing the term ‘euro’ or ‘euro cent’ or the euro symbol without an associated nominal value are allowed, provided that their size is sufficiently different from that of euro coins and that they do not include a design similar to the designs and symbols listed above. If, however, they are very similar in size, they must either have a hole in their centre or form a polygon of not more than six edges, or be made of gold, silver or platinum, or be consistently outside the ranges specified. The Commission may grant specific authorisations to use the term ‘euro’ or ‘euro cent’ or the euro symbol where there is no risk of confusion. In such cases, the economic operator concerned within an EU country must be clearly identifiable on the surface of the medal or token. If the medal or token also bears an associated nominal value, the indication ‘not legal tender’ must be stamped on its obverse or reverse side in addition. The denominations and technical specifications of euro coins, the only coinage having legal tender in the euro area, are laid down in Council Regulation (EU) No 729/2014. Medals and tokens issued before the entry into force of the regulation could be used until the end of 2009, provided that they were not used instead of euro coins. Such medals and tokens must be recorded in accordance with the procedures applicable in EU countries and communicated to the European Technical and Scientific Centre. This regulation is applicable in all EU countries that introduced the euro in 2002 (Austria, Belgium, Finland, France, Germany, Greece, Ireland, Italy, Luxembourg, Netherlands, Portugal and Spain). Its scope is extended by Regulation (EC) No 2183/2004, as amended by Regulation (EC) No 47/2009, to EU countries that have not yet introduced the euro . EU countries had to lay down and implement rules on sanctions applicable to infringements of the regulation by 1 July 2005. FROM WHEN DOES THE REGULATION APPLY? It has applied since 21 December 2004. MAIN DOCUMENT Council Regulation (EC) No 2182/2004 of 6 December 2004 concerning medals and tokens similar to euro coins (OJ L 373, 21.12.2004, pp. 1-6) Successive amendments to Regulation (EC) No 2182/2004 have been incorporated in to the original document. This consolidated version is of documentary value only. last update 02.02.2017


2.7.2004 EN Official Journal of the European Union L 233/1 COUNCIL REGULATION (EC) No 1222/2004 of 28 June 2004 concerning the compilation and transmission of data on the quarterly government debt THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, and in particular the third subparagraph of Article 104(14) thereof, Having regard to the proposal from the Commission, Having regard to the opinion of the European Parliament (1), Having regard to the opinion of the European Central Bank (2), Whereas: (1) Council Regulation (EC) No 3605/93 of 22 November 1993 on the application of the Protocol on the excessive deficit procedure annexed to the Treaty establishing the European Community (3) contains the definition of government debt outstanding at the end of the year that is relevant for the purpose of the excessive deficit procedure and lays down a timetable for the reporting to the Commission of annual government debt and of other annual government data. (2) The availability of government data, including government debt data, with a quarterly frequency is of the utmost importance for the economic analysis and proper monitoring of the budgetary situation in the Member States. Commission Regulation (EC) No 264/2000 of 3 February 2000 on the implementation of Council Regulation (EC) No 2223/96 with respect to short-term public finance statistics (4), Regulation (EC) No 1221/2002 of the European Parliament and of the Council of 10 June 2002 on quarterly non-financial accounts for general government (5) and Regulation (EC) No 501/2004 of the European Parliament and of the Council of 10 March 2004 on quarterly financial accounts for general government (6) cover the compilation and transmission of quarterly data on government non-financial and financial accounts, but do not extend to quarterly government debt. (3) For the sake of clarity, and given the specific role of Regulation (EC) No 3605/93 in the implementation of the excessive deficit procedure, the compilation and transmission of quarterly government debt data should be governed by an autonomous legal act. (4) Quarterly government debt should be defined in a way that ensures consistency with the definition of government debt outstanding at the end of the year, of Regulation (EC) No 3605/93. This consistency should be maintained in the event that the Council amends Regulation (EC) No 3605/93 or the Commission introduces new references to the European system of accounts (ESA 95) set up by Council Regulation (EC) No 2223/96 of 25 June 1996 on the European system of national and regional accounts in the European Community (7) into Regulation (EC) No 3605/93. (5) Regulations (EC) No 264/2000, No 1221/2002 and No 501/2004 state that quarterly data on non-financial and financial accounts of general government are to be transmitted three months after the end of the quarter to which they refer. This transmission lag is also appropriate for quarterly government debt data, HAS ADOPTED THIS REGULATION: Article 1 Definitions For the purposes of this Regulation: ‘Government’ means the sector of general government as defined in the European system of national and regional accounts in the Community (hereinafter referred to as ESA 95), adopted by Regulation (EC) No 2223/96. The codes in brackets refer to ESA 95. ‘Quarterly government debt’ means the total gross debt at nominal value outstanding at the end of each quarter of the sector of general government (S.13), with the exception of those liabilities the corresponding financial assets of which are held by the sector of general government (S.13). The quarterly government debt is constituted by the liabilities of general government in the following categories: currency and deposits (AF.2); securities other than shares, excluding financial derivatives (AF.33) and loans (AF.4), as defined in ESA 95. The nominal value of a liability outstanding at the end of each quarter is the face value. The nominal value of an index-linked liability corresponds to its face value adjusted by the index-related change in the value of the principal accrued to the end of each quarter. Liabilities denominated in a foreign currency, or exchanged from one foreign currency through contractual agreements to one or more other foreign currencies shall be converted into the other foreign currencies at the rate agreed on in those contracts and shall be converted into the national currency on the basis of the representative market exchange rate prevailing on the last working day of each quarter. Liabilities denominated in the national currency and exchanged through contractual agreements to a foreign currency shall be converted into the foreign currency at the rate agreed on in those contracts and shall be converted into the national currency on the basis of the representative market exchange rate prevailing on the last working day of each quarter. Liabilities denominated in a foreign currency and exchanged through contractual agreements to the national currency shall be converted into the national currency at the rate agreed on in those contracts. Article 2 Timetable 1. Member States shall compile and transmit to the Commission data on the quarterly government debt at the latest three months after the end of the quarter to which the data refer. Any revision of data for previous quarters shall be transmitted at the same time. 2. The first transmission of the data on the quarterly government debt shall take place by 31 December 2004. 3. The Commission may grant a derogation, not exceeding one year, concerning the first transmission of quarterly data, insofar as national statistical systems require major change. Article 3 Back data Back-data relating to the first quarter of 2000 onwards shall be transmitted by 31 December 2004. Where necessary, such data may be provided using a best-estimate approach. Article 4 Amendments 1. If the Council decides to amend Regulation (EC) No 3605/93, in accordance with the rules on competence and procedure laid down in the Treaty, the Council shall simultaneously amend Article 1 of this Regulation, so that the definitions contained therein are kept consistent. 2. If the Commission introduces new references to ESA 95 into Article 1(5) of Regulation (EC) No 3605/93, in accordance with Article 7 thereof, the Commission shall simultaneously introduce the same new references into Article 1 of this Regulation, so that the definitions contained therein are kept consistent. Article 5 Entry in force This Regulation shall enter into force on the 20th day following that of its publication in the Official Journal of the European Union. This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Luxembourg, 28 June 2004. For the Council The President M. CULLEN (1) Opinion delivered on 30 March 2004 (not yet published in the Official Journal). (2) Opinion of 19 April 2004. (3) OJ L 332, 31.12.1993, p. 7. Regulation as last amended by Commission Regulation (EC) No 351/2002 (OJ L 55, 26.2.2002, p. 23). (4) OJ L 29, 4.2.2000, p. 4. (5) OJ L 179, 9.7.2002, p. 1. (6) OJ L 81, 19.3.2004, p. 1. (7) OJ L 310, 30.11.1996, p. 1. Regulation as last amended by Regulation (EC) No 1267/2003 of the European Parliament and of the Council (OJ L 180, 18.7.2003, p. 1.)

Summary: Data on quarterly government debt Data on quarterly government debt SUMMARY OF: Regulation (EC) No 1222/2004 concerning the compilation and transmission of data on the quarterly government debt WHAT IS THE AIM OF THE REGULATION? It requires EU countries to compile and send to the European Commission (Eurostat) data on their quarterly government debt*. Previously, the data covered only annual government debt. KEY POINTS EU countries must send to the European Commission data on their quarterly government debt at the latest within 3 months of the quarter ending. The data cover the following general government liabilities: currency and deposits, securities, other than shares, excluding financial derivatives and loans. Specific rules apply to liabilities, depending on whether they are index-linked or denominated in national or foreign currency. The deadline for transmitting the first data, including back-dated data from 1 January 2000, was 31 December 2004. Croatia was required to send data for the first quarter of 2012 by 1 October 2013 and back-dated data for 1 January 2002 to 31 December 2011 by the end of December 2015. The Commission may give an EU country up to a year to send the first data if major changes are necessary to its national statistical system. EU governments also provide the Commission with quarterly data on the following: short-term public finance statistics* (Regulation (EC) No 264/2000) quarterly non-financial accounts for general government (Regulation (EC) No 1221/2002) quarterly financial accounts for general government, which do not include quarterly government debt (Regulation (EC) No 501/2004). FROM WHEN DOES THE REGULATION APPLY? It has applied since 22 July 2004. BACKGROUND Up-to-date quarterly government data are essential to accurately follow and analyse economic and monetary trends. General government debt is one of the Maastricht Treaty convergence criteria used to monitor a country’s economic situation. Under the excessive deficit procedure of the EU’s Stability and Growth Pact, euro countries must demonstrate sound public finances and meet 2 criteria. One of these is that public debt must not exceed 60% of gross domestic product. Council Regulation (EC) No 3605/93 on the application of the Protocol on the excessive deficit procedure defined government debt outstanding at the end of the year. It also set out the original timetable for providing the annual data to the Commission. It was repealed and replaced by Council Regulation (EC) No 479/2009. This required EU countries to report their actual and planned government deficits and debts to the Commission twice a year (by 1 April and 1 October). KEY TERMS Quarterly government debt: total gross debt at nominal value outstanding at the end of each quarter. The term ‘government’ refers to central, state and local government and social security funds. Short-term public finance statistics: short-term statistics on general government resources and uses, covering:on the resource side: taxes on production and imports, andactual social contributions;on the use side: social benefits other than social transfers in kind. MAIN DOCUMENT Council Regulation (EC) No 1222/2004 of 28 June 2004 concerning the compilation and transmission of data on the quarterly government debt (OJ L 233, 2.7.2004, pp. 1-2) Successive amendments to Regulation (EC) No 1222/2004 have been incorporated into the original document. This consolidated version is of documentary value only. RELATED DOCUMENTS Council Regulation (EC) No 479/2009 of 25 May 2009 on the application of the Protocol on the excessive deficit procedure annexed to the Treaty establishing the European Community (Codified version) (OJ L 145, 10.6.2009, pp. 1-9) See consolidated version. Regulation (EC) No 501/2004 of the European Parliament and of the Council of 10 March 2004 on quarterly financial accounts for general government (OJ L 81, 19.3.2004, pp. 1-5) See consolidated version. Regulation (EC) No 1221/2002 of the European Parliament and of the Council of 10 June 2002 on quarterly non-financial accounts for general government (OJ L 179, 9.7.2002, pp. 1-5) See consolidated version. Commission Regulation (EC) No 264/2000 of 3 February 2000 on the implementation of Council Regulation (EC) No 2223/96 with respect to short-term public finance statistics (OJ L 29, 4.2.2000, pp. 4-6) last update 29.06.2018