Decision 2012/369 - 2012/369/EU: Council Decision of 22 June 2012 abrogating Decision 2010/285/EU on the existence of an excessive deficit in Germany - Main contents
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official title
2012/369/EU: Council Decision of 22 June 2012 abrogating Decision 2010/285/EU on the existence of an excessive deficit in GermanyLegal instrument | Decision |
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Number legal act | Decision 2012/369 |
Original proposal | COM(2012)274 |
CELEX number i | 32012D0369 |
Document | 22-06-2012 |
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Publication in Official Journal | 11-07-2012; OJ L 179 p. 17-18 |
Effect | 27-06-2012; Entry into force Date notif. |
End of validity | 31-12-9999 |
Notification | 27-06-2012 |
11.7.2012 |
EN |
Official Journal of the European Union |
L 179/17 |
COUNCIL DECISION
of 22 June 2012
abrogating Decision 2010/285/EU on the existence of an excessive deficit in Germany
(2012/369/EU)
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 126(12) thereof,
Having regard to the recommendation from the European Commission,
Whereas:
(1) |
On 2 December 2009, by Decision 2010/285/EU (1), following a proposal from the Commission in accordance with Article 126(6) of the Treaty, the Council decided that an excessive deficit existed in Germany. The Council noted that the general government deficit planned for 2009 was 3,7 % of GDP, thus above the 3 % of GDP Treaty reference value, while the general government gross debt was planned to reach 74,2 % of GDP in 2009, thus above the 60 % of GDP Treaty reference value (2). |
(2) |
On 2 December 2009, in accordance with Article 126(7) of the Treaty and Article 3(4) of Council Regulation (EC) No 1467/97 of 7 July 1997 on speeding up and clarifying the implementation of the excessive deficit procedure (3), the Council, based on a recommendation from the Commission, addressed a recommendation to Germany with a view to bringing the excessive deficit situation to an end by 2013 at the latest. The recommendation was made public. |
(3) |
Article 4 of the Protocol on the excessive deficit procedure annexed to the Treaties requires that the Commission provide the data for the implementation of the procedure. As part of the application of this Protocol, Member States are to notify data on government deficits and debt and other associated variables twice a year, namely before 1 April and before 1 October, in accordance with Article 3 of 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 (4). |
(4) |
When considering whether a decision on the existence of an excessive deficit should be abrogated, the Council should take a decision on the basis of notified data. Moreover, a decision on the existence of an excessive deficit should be abrogated only if the Commission forecasts indicate that the deficit will not exceed the 3 % of GDP threshold over the forecast horizon (5). |
(5) |
Based on data provided by the Commission (Eurostat) in accordance with Article 14 of Regulation (EC) No 479/2009 following the notification by Germany before 1 April 2012 and on the Commission services 2012 spring forecast, the following conclusions are justified:
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