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Regulation - 1177/2011 - EN - EUR-Lex

Article 1: Regulation (EC) No 1467/97 is hereby amended as follows:

1
Article 1 is replaced by the following:
2
Article 2 is amended as follows:
a
in paragraph 1, the first subparagraph is replaced by the following:
b
the following paragraph is inserted:
c
paragraphs 3 to 7 are replaced by the following:
3
the following section is inserted:
4
Article 3 is amended as follows:
a
paragraph 2 is replaced by the following:
b
in paragraph 3, the reference to ‘Article 4(2) and (3) of Regulation 1993/3605’ is replaced by a reference to ‘Article 3(2) and (3) of Regulation (EC) No 479/2009’;
c
paragraphs 4 and 5 are replaced by the following:
5
in Article 4, paragraphs 1 and 2 are replaced by the following:
6
in Article 5, paragraphs 1 and 2 are replaced by the following:
7
Articles 6 to 8 are replaced by the following:
8
in Article 9(3), the reference to ‘Article 6’ is replaced by a reference to ‘Article 6(2)’;
9
Article 10 is amended as follows:
a
the introductory words of paragraph 1 are replaced by the following:
b
in paragraph 3, the reference to ‘Regulation 1993/3605’ is replaced by a reference to ‘Regulation (EC) No 479/2009’.;
10
the following Article is inserted: ( *1 ) OJ C 73, 25.3.2006, p. 21 .’ "
11
Articles 11 and 12 are replaced by the following:
12
Article 13 is hereby deleted and the reference to it in Article 15 is replaced by a reference to ‘Article 12’;
13
Article 16 is replaced by the following:
14
the following Article is inserted:
15
throughout Regulation 1997/1467, all references to ‘Article 104 of the Treaty’ are replaced by references to ‘Article 126 TFEU’;
16
in point 2 of the Annex, the references in Column I to ‘Article 4(2) and (3) of Council Regulation 1993/3605’ are replaced by references to ‘Article 3(2) and (3) of Council Regulation (EC) No 479/2009’.

Article 2: This Regulation shall enter into force on the 20th day following its publication in the Official Journal of the European Union . Official Journal of the European Union

Recital 1

The coordination of the economic policies of the Member States within the Union, as provided for by the Treaty on the Functioning of the European Union (TFEU), should entail compliance with the guiding principles of stable prices, sound public finances and monetary conditions, and a sustainable balance of payments.

Recital 2

The Stability and Growth Pact (SGP) initially consisted of Council Regulation 1997/1466 of 7 July 1997 on the strengthening of the surveillance of budgetary positions and the surveillance and coordination of economic policies ( 3 ) , Council Regulation 1997/1467 of 7 July 1997 on speeding up and clarifying the implementation of the excessive deficit procedure ( 4 ) and the Resolution of the European Council of 17 June 1997 on the Stability and Growth Pact ( 5 ) . Regulations Regulation 1997/1466 and Regulation 1997/1467 were amended by Regulations Regulation 2005/1055 ( 6 ) and (EC) No 1056/2005 ( 7 ) respectively. In addition, the Council Report of 20 March 2005 on ‘Improving the implementation of the Stability and Growth Pact’ ( 8 ) was adopted.

Recital 3

The SGP is based on the objective of sound and sustainable government finances as a means of strengthening the conditions for price stability and for strong sustainable growth underpinned by financial stability, thereby supporting the achievement of the Union’s objectives for sustainable growth and employment.

Recital 4

Experience gained and mistakes made during the first decade of the economic and monetary union show a need for improved economic governance in the Union, which should be built on stronger national ownership of commonly agreed rules and policies and on a more robust framework at the level of the Union for the surveillance of national economic policies.

Recital 5

The common framework for economic governance needs to be enhanced, including improved budgetary surveillance, in line with the high degree of integration between Member States’ economies within the Union, and particularly within the euro area.

Recital 6

The improved economic governance framework should rely on several interlinked and coherent policies for sustainable growth and jobs, in particular a Union strategy for growth and jobs, with particular focus on developing and strengthening the internal market, fostering international trade and competitiveness, a European Semester for strengthened coordination of economic and budgetary policies, an effective framework for preventing and correcting excessive government deficits (the SGP), a robust framework for preventing and correcting macroeconomic imbalances, minimum requirements for national budgetary frameworks, and enhanced financial market regulation and supervision, including macroprudential supervision by the European Systemic Risk Board.

Recital 7

Achieving and maintaining a dynamic internal market should be considered an element of the proper and smooth functioning of the economic and monetary union.

Recital 8

The SGP and the complete economic governance framework should complement and support the Union strategy for growth and jobs. The interlinks between different strands should not provide for exemptions from the provisions of the SGP.

Recital 9

The strengthening of economic governance should include a closer and more timely involvement of the European Parliament and the national parliaments. While recognising that the counterparts of the European Parliament in the framework of this dialogue are the relevant institutions of the Union and their representatives, the competent committee of the European Parliament may offer an opportunity to participate in an exchange of views to a Member State to which the Council has addressed a decision under Article 126(6) TFEU, a recommendation under Article 126(7) TFEU, a notice under Article 126(9) TFEU or a decision under Article 126(11) TFEU. The Member State’s participation in such an exchange of views is voluntary.

Recital 10

The Commission should have a stronger role in the enhanced surveillance procedure as regards assessments that are specific to each Member State, monitoring, on-site missions, recommendations and warnings.

Recital 11

The Council and the Commission should, when applying this Regulation, take into account, as appropriate, all relevant factors and the economic and budgetary situation of the Member States concerned.

Recital 12

The rules on budgetary discipline should be strengthened, in particular by giving a more prominent role to the level and evolution of debt and to overall sustainability. The mechanisms to ensure compliance with, and enforcement of, those rules should also be strengthened.

Recital 13

Implementing the existing excessive deficit procedure on the basis of both the deficit criterion and the debt criterion requires a numerical benchmark, which takes into account the business cycle, against which to assess whether the ratio of the government debt to gross domestic product (GDP) is sufficiently diminishing and is approaching the reference value at a satisfactory pace. A transitional period should be introduced in order to allow Member States subject to an excessive deficit procedure at the date of adoption of this Regulation to adapt their policies to the numerical benchmark for debt reduction. This should also apply to Member States which are subject to a Union or International Monetary Fund adjustment programme.

Recital 14

Non-compliance with the numerical benchmark for debt reduction should not be sufficient to establish the existence of an excessive deficit, which should take into account the whole range of relevant factors covered by the Commission’s report under Article 126(3) TFEU. In particular, the assessment of the effect of the cycle and the composition of the stock-flow adjustment on debt developments may be sufficient to avoid that the existence of an excessive deficit be established on the basis of the debt criterion.

Recital 15

In establishing the existence of an excessive deficit based on the deficit criterion and the steps leading to it, there is a need to take into account the whole range of relevant factors covered by the Commission’s report under Article 126(3) TFEU if the ratio of government debt to GDP does not exceed the reference value.

Recital 16

In taking into account systemic pension reforms among the relevant factors, the central consideration should be whether those reforms enhance the long-term sustainability of the overall pension system, while not increasing the risks to the medium-term budgetary position.

Recital 17

The Commission’s report under Article 126(3) TFEU should consider appropriately the quality of the national budgetary framework, as that plays a crucial role in supporting fiscal consolidation and sustainable public finances. That consideration should include the minimum requirements as laid down in Council RBFMSD of 8 November 2011 on requirements for budgetary frameworks of the Member States ( 9 ) and other agreed desirable requirements for fiscal discipline.

Recital 18

In order to support the monitoring of compliance with Council recommendations and notices for the correction of situations of excessive deficit, there is a need that these specify annual budgetary targets consistent with the required fiscal improvement in cyclically adjusted terms, net of one-off and temporary measures. In that context, the 0,5 % of GDP annual benchmark should be understood as an annual average.

Recital 19

The assessment of effective action will benefit from taking compliance with general government expenditure targets as a reference, in conjunction with the implementation of planned specific revenue measures.

Recital 20

In assessing the case for an extension of the deadline for correcting the excessive deficit, particular consideration should be given to severe economic downturns in the euro area or in the Union as a whole, provided that this does not endanger fiscal sustainability in the medium term.

Recital 21

It is appropriate to step up the application of the financial sanctions provided for in Article 126(11) TFEU so that they constitute a real incentive for compliance with the notices under Article 126(9) TFEU.

Recital 22

In order to ensure compliance with the fiscal surveillance framework of the Union for Member States whose currency is the euro, rules-based sanctions should be designed on the basis of Article 136 TFEU, ensuring fair, timely and effective mechanisms for compliance with the SGP.

Recital 23

Fines referred to in this Regulation shall constitute other revenue, as referred to in Article 311 TFEU, and should be assigned to stability mechanisms to provide financial assistance, created by Member States whose currency is the euro in order to safeguard the stability of the euro area as a whole.

Recital 24

References contained in Regulation 1997/1467 should take account of the new Article numbering of the Treaty on the Functioning of the European Union and to the replacement of Council Regulation 1993/3605 ( 10 ) by Council Regulation 2009/479 of 25 May 2009 on the application of the Protocol on the excessive deficit procedure annexed to the Treaty establishing the European Community ( 11 ) .

Recital 25

Regulation 1997/1467 should therefore be amended accordingly,

Footnote p0: This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 8 November 2011.

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