Decision 2009/409 - 2009/409/EC: Council Decision of 27 April 2009 establishing, in accordance with Article 104(8) of the Treaty, whether effective action has been taken by the United Kingdom in response to the Council Recommendation of 8 July 2008 pursuant to Article 104(7)

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1.

Current status

This decision has been published on May 29, 2009 and should have been implemented in national regulation on the same day at the latest.

2.

Key information

official title

2009/409/EC: Council Decision of 27 April 2009 establishing, in accordance with Article 104(8) of the Treaty, whether effective action has been taken by the United Kingdom in response to the Council Recommendation of 8 July 2008 pursuant to Article 104(7)
 
Legal instrument Decision
Number legal act Decision 2009/409
Original proposal SEC(2009)573
CELEX number i 32009D0409

3.

Key dates

Document 27-04-2009
Publication in Official Journal 29-05-2009; OJ L 132 p. 11-12
Effect 29-05-2009; Takes effect Date notif.
End of validity 31-12-9999
Notification 29-05-2009; {titleAndReference.draft.disclaimer.new|http://publications.europa.eu/resource/authority/fd_365/titleAndReference.draft.disclaimer.new}

4.

Legislative text

29.5.2009   

EN

Official Journal of the European Union

L 132/11

 

COUNCIL DECISION

of 27 April 2009

establishing, in accordance with Article 104(8) of the Treaty, whether effective action has been taken by the United Kingdom in response to the Council Recommendation of 8 July 2008 pursuant to Article 104(7)

(2009/409/EC)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 104(8) thereof,

Having regard to the Recommendation from the Commission,

Whereas:

 

(1)

According to Article 104 of the Treaty, Member States are to avoid excessive government deficits.

 

(2)

Pursuant to point 5 of the Protocol on certain provisions relating to the United Kingdom of Great Britain and Northern Ireland, the obligation in Article 104(1) of the Treaty to avoid excessive general government deficits does not apply to the United Kingdom unless it moves to the third stage of economic and monetary union (1). While in the second stage of economic and monetary union, the United Kingdom is required to endeavour to avoid excessive deficits, pursuant to Article 116(4) of the Treaty.

 

(3)

The Stability and Growth Pact is based on the objective of sound government finances as a means of strengthening the conditions for price stability and for strong sustainable growth conducive to employment creation. The Stability and Growth Pact includes Council Regulation (EC) No 1467/97 of 7 July 1997 on speeding up and clarifying the implementation of the excessive deficit procedure (2), which was adopted in order to further the prompt correction of excessive general government deficits.

 

(4)

The 2005 reform of the Stability and Growth Pact sought to strengthen its effectiveness and economic underpinnings as well as to safeguard the sustainability of the public finances in the long run. It aimed at ensuring that in particular the economic and budgetary background was taken fully into account in all steps in the EDP. In this way, the Stability and Growth Pact provides the framework supporting government policies for a prompt return to sound budgetary positions taking account of the economic situation.

 

(5)

By Decision 2008/713/EC (3) the Council decided, in accordance with Article 104(6), that an excessive deficit existed in the United Kingdom.

 

(6)

In accordance with Article 104(7) of the Treaty and Article 3(4) of Regulation (EC) No 1467/97, on 8 July 2008 the Council also, on the basis of a Commission recommendation, adopted a Recommendation (4) to the UK authorities calling on them to put an end to the excessive deficit situation as soon as possible and by financial year 2009/2010 at the latest, by bringing the general government deficit below 3 % of GDP in a credible and sustainable manner. To that end, the Council recommended the authorities to ensure a structural improvement of at least 0,5 % of GDP in 2009/10 and established the deadline of 8 January 2008 for the UK government to take effective action.

 

(7)

The assessment of the action taken by the United Kingdom to correct the excessive deficit by 2009/2010 in response to the Council Recommendation under Article 104(7) leads to the following conclusions:

 

(a)

subsequent to the Article 104(7) Council Recommendation in July 2008, the UK authorities announced additional deficit-increasing discretionary measures. On 16 July 2008 the government announced the postponement of the inflation-linked increase in fuel excise duty that was scheduled to take place in October 2008, at an estimated cost of 0,05 % of GDP in foregone revenues in 2008/09. Additional deficit-increasing measures, equivalent to 0,1 % of GDP in 2009/10, were introduced in September 2008, including through higher spending on housing;

 

(b)

on 24...


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Original proposal

 

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