# Official Journal C 280/2013

| | ISSN 1977-091X
  doi:10.3000/1977091X.C_2013.280.eng |
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| Official Journal
  of the European Union | C 280 |
| | |
| English edition | Information and Notices | Volume 5627 September 2013 |

ISSN 1977-091X

doi:10.3000/1977091X.C_2013.280.eng

Official Journal

of the European Union

C 280

English edition

Information and Notices

Volume 5627 September 2013

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| Notice No | Contents | page |
| --- | --- | --- |
| | I   Resolutions, recommendations and opinions |
| | RESOLUTIONS |
| | Committee of the Regions |
| | 102nd plenary session, 3-4 July 2013 |
| 2013/C 280/01 | Resolution of the Committee of the Regions on Priorities of the Committee of the Regions for 2014 with a view to the Work Programme of the European Commission | 1 |
| 2013/C 280/02 | Resolution of the Committee of the Regions on Deepening of the Economic and Monetary Union (EMU) | 6 |
| | OPINIONS |
| | Committee of the Regions |
| | 102nd plenary session, 3-4 July 2013 |
| 2013/C 280/03 | Opinion of the Committee of the Regions on Frontier workers: assessment of the situation after 20 years of the internal market: problems and perspectives | 8 |
| 2013/C 280/04 | Opinion of the Committee of the Regions on Assessing territorial impacts | 13 |
| 2013/C 280/05 | Opinion of the Committee of the Regions on Cyber-security Strategy | 19 |
| 2013/C 280/06 | Opinion of the Committee of the Regions on Smart Cities and Communities — European Innovation Partnership | 27 |
| 2013/C 280/07 | Opinion of the Committee of the Regions on eHealth Action Plan 2012-20 — Innovative Healthcare for the 21st Century | 33 |
| 2013/C 280/08 | Opinion of the Committee of the Regions on Making the internal energy market work | 38 |
| 2013/C 280/09 | Opinion of the Committee of the Regions on The review of the European Union’s key waste targets | 44 |

Notice No

Contents

page

I   Resolutions, recommendations and opinions

RESOLUTIONS

Committee of the Regions

102nd plenary session, 3-4 July 2013

2013/C 280/01

Resolution of the Committee of the Regions on Priorities of the Committee of the Regions for 2014 with a view to the Work Programme of the European Commission

1

2013/C 280/02

Resolution of the Committee of the Regions on Deepening of the Economic and Monetary Union (EMU)

6

OPINIONS

Committee of the Regions

102nd plenary session, 3-4 July 2013

2013/C 280/03

Opinion of the Committee of the Regions on Frontier workers: assessment of the situation after 20 years of the internal market: problems and perspectives

8

2013/C 280/04

Opinion of the Committee of the Regions on Assessing territorial impacts

13

2013/C 280/05

Opinion of the Committee of the Regions on Cyber-security Strategy

19

2013/C 280/06

Opinion of the Committee of the Regions on Smart Cities and Communities — European Innovation Partnership

27

2013/C 280/07

Opinion of the Committee of the Regions on eHealth Action Plan 2012-20 — Innovative Healthcare for the 21st Century

33

2013/C 280/08

Opinion of the Committee of the Regions on Making the internal energy market work

38

2013/C 280/09

Opinion of the Committee of the Regions on The review of the European Union’s key waste targets

44

| | III   Preparatory acts |
| --- | --- |
| | COMMITTEE OF THE REGIONS |
| | 102nd plenary session, 3-4 July 2013 |
| 2013/C 280/10 | Opinion of the Committee of the Regions on Reducing the costs of deploying broadband | 50 |
| 2013/C 280/11 | Opinion of the Committee of the Regions on Manufacture, presentation and sale of tobacco and related products | 57 |
| 2013/C 280/12 | Opinion of the Committee of the Regions on Clean Power for Transport | 66 |

III   Preparatory acts

COMMITTEE OF THE REGIONS

102nd plenary session, 3-4 July 2013

2013/C 280/10

Opinion of the Committee of the Regions on Reducing the costs of deploying broadband

50

2013/C 280/11

Opinion of the Committee of the Regions on Manufacture, presentation and sale of tobacco and related products

57

2013/C 280/12

Opinion of the Committee of the Regions on Clean Power for Transport

66

| EN | |
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EN

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I Resolutions, recommendations and opinions

RESOLUTIONS

Committee of the Regions

102nd plenary session, 3-4 July 2013

| 27.9.2013 | EN | Official Journal of the European Union | C 280/1 |
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27.9.2013

EN

Official Journal of the European Union

C 280/1

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Resolution of the Committee of the Regions on ‘Priorities of the Committee of the Regions for 2014 with a view to the Work Programme of the European Commission’

2013/C 280/01

THE COMMITTEE OF THE REGIONS

| — | having regard to the European Commission's Communication on its Work Programme for 2013 (1), |
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—

having regard to the European Commission's Communication on its Work Programme for 2013 (1),

| — | having regard to its resolution of 30 November 2012 on the priorities of the Committee of the Regions for 2013 based on the legislative and work programme of the European Commission (2), |
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—

having regard to its resolution of 30 November 2012 on the priorities of the Committee of the Regions for 2013 based on the legislative and work programme of the European Commission (2),

| — | having regard to the Protocol of cooperation between the European Commission and the Committee of the Regions signed on 16 February 2012, |
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—

having regard to the Protocol of cooperation between the European Commission and the Committee of the Regions signed on 16 February 2012,

The Union in 2014

| 1. | sees 2014 as a game-changing year for the European Union that will be marked by the European Parliament elections, the appointment of a new Commission, the start of the 2014-2020 programming period under a new Multiannual Financial Framework, a mid-term review of the Europe 2020 strategy and the continuation of the work to complete and deepen the economic and monetary union; |
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1.

sees 2014 as a game-changing year for the European Union that will be marked by the European Parliament elections, the appointment of a new Commission, the start of the 2014-2020 programming period under a new Multiannual Financial Framework, a mid-term review of the Europe 2020 strategy and the continuation of the work to complete and deepen the economic and monetary union;

| 2. | considers that the key challenges for the EU in 2014 will be: generate growth and jobs by transforming our economies for a low carbon sustainable future; to reinforce EU citizenship, in particular at the crucial moment of the European Elections, and to restore faith in the European project in order to shore up the "democratic legitimacy" of the EU which requires continued efforts to defend the EU's core values against erosion from populist and anti-democratic forces; |
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2.

considers that the key challenges for the EU in 2014 will be: generate growth and jobs by transforming our economies for a low carbon sustainable future; to reinforce EU citizenship, in particular at the crucial moment of the European Elections, and to restore faith in the European project in order to shore up the "democratic legitimacy" of the EU which requires continued efforts to defend the EU's core values against erosion from populist and anti-democratic forces;

| 3. | is concerned that the approaching end of the mandate may affect the level of activity of the European Commission whereas urgent action is required in a vast number of areas; |
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3.

is concerned that the approaching end of the mandate may affect the level of activity of the European Commission whereas urgent action is required in a vast number of areas;

| 4. | recalls, that on the occasion of its 20th anniversary, the CoR intends to carry out a reflection process on how it could strengthen its institutional and political role; |
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4.

recalls, that on the occasion of its 20th anniversary, the CoR intends to carry out a reflection process on how it could strengthen its institutional and political role;

| 5. | invites the European Commission to provide a report on the state of play of the on-going discussions on the Future of Europe, including the results of the debates with citizens in the European Year of Citizens 2013; also as part of the "reconnecting with citizens" debate, encourages the European Commission to start preparations of its report on the application of the Regulation on European Citizen's Initiatives already in 2014; |
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5.

invites the European Commission to provide a report on the state of play of the on-going discussions on the Future of Europe, including the results of the debates with citizens in the European Year of Citizens 2013; also as part of the "reconnecting with citizens" debate, encourages the European Commission to start preparations of its report on the application of the Regulation on European Citizen's Initiatives already in 2014;

Economic and Monetary Union and Public finances

| 6. | calls on the Commission to present as quickly as possible its proposals on a draft regulation establishing a Single Resolution Mechanism and on the follow-up to the recommendations on structural reform of the banking sector; |
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6.

calls on the Commission to present as quickly as possible its proposals on a draft regulation establishing a Single Resolution Mechanism and on the follow-up to the recommendations on structural reform of the banking sector;

| 7. | asks the European Commission to present a proposal for a revision of the Troika system in order to guarantee democratic scrutiny and its accountability to the European Parliament; |
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7.

asks the European Commission to present a proposal for a revision of the Troika system in order to guarantee democratic scrutiny and its accountability to the European Parliament;

| 8. | calls for negotiations to be reopened on the Deposit Guarantee Scheme Directive in parallel with the proposal for a Directive establishing a framework for the recovery and resolution of credit institutions and investment firms; |
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8.

calls for negotiations to be reopened on the Deposit Guarantee Scheme Directive in parallel with the proposal for a Directive establishing a framework for the recovery and resolution of credit institutions and investment firms;

| 9. | notes the successful introduction of project bonds in the market in the context of the on-going pilot phase and demands the extension of this initiative to the full period of the next multiannual financial framework (2014-2020) and to other policy areas than energy, transport, and telecom infrastructures; proposes extending the scope of participation to small and medium sized enterprises (SMEs) in order to channel regional investment funds towards SMEs and to bolster a European venture capital industry based on the regions; |
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9.

notes the successful introduction of project bonds in the market in the context of the on-going pilot phase and demands the extension of this initiative to the full period of the next multiannual financial framework (2014-2020) and to other policy areas than energy, transport, and telecom infrastructures; proposes extending the scope of participation to small and medium sized enterprises (SMEs) in order to channel regional investment funds towards SMEs and to bolster a European venture capital industry based on the regions;

| 10. | encourages the European Commission to continue to monitor the situation and development of public finances at regional and local level in its annual Report on Public Finances in the European Monetary Union; |
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10.

encourages the European Commission to continue to monitor the situation and development of public finances at regional and local level in its annual Report on Public Finances in the European Monetary Union;

Europe 2020 strategy and the European Semester

| 11. | considers that the unsatisfactory state of play of Europe 2020 so far is due not only to the economic crisis and the lack of ambition of the Member States but also to the lack of involvement of the local and regional authorities in the design and implementation of the strategy and, more generally, to the lack of a true territorial dimension in Europe 2020; |
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11.

considers that the unsatisfactory state of play of Europe 2020 so far is due not only to the economic crisis and the lack of ambition of the Member States but also to the lack of involvement of the local and regional authorities in the design and implementation of the strategy and, more generally, to the lack of a true territorial dimension in Europe 2020;

| 12. | calls on the Commission to quickly provide a framework for its mid-term review of the Europe 2020 strategy, going beyond its stated intention to launch a methodology; |
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12.

calls on the Commission to quickly provide a framework for its mid-term review of the Europe 2020 strategy, going beyond its stated intention to launch a methodology;

| 13. | recalls that it is constantly monitoring the progress made on all Flagship Initiatives of the Europe 2020 strategy and is already working on a mid-term assessment from a local and regional perspective; |
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13.

recalls that it is constantly monitoring the progress made on all Flagship Initiatives of the Europe 2020 strategy and is already working on a mid-term assessment from a local and regional perspective;

| 14. | deplores the fact that neither the 2013 Annual Growth Survey nor the Country Specific Recommendations made reference to the need for a place-based approach and for multilevel partnership in the implementation of Europe 2020 strategy and demands that the European Commission fulfils its obligations to ensure that Member States build up partnerships with local and regional authorities in the drafting and implementation of national reform programmes (NRP); |
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14.

deplores the fact that neither the 2013 Annual Growth Survey nor the Country Specific Recommendations made reference to the need for a place-based approach and for multilevel partnership in the implementation of Europe 2020 strategy and demands that the European Commission fulfils its obligations to ensure that Member States build up partnerships with local and regional authorities in the drafting and implementation of national reform programmes (NRP);

Single market and industrial policy

| 15. | encourages the European Commission to identify and give priority in the functioning of the single market to those areas which are most likely to generate innovation and create quality jobs; |
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15.

encourages the European Commission to identify and give priority in the functioning of the single market to those areas which are most likely to generate innovation and create quality jobs;

| 16. | encourages the Commission to make proposals for a European industrial policy as one of the pillars of the European project, treated as a genuine political priority on the same political footing as cohesion, infrastructure and agriculture; |
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16.

encourages the Commission to make proposals for a European industrial policy as one of the pillars of the European project, treated as a genuine political priority on the same political footing as cohesion, infrastructure and agriculture;

| 17. | supports the European Parliament's proposal to set up a steering group on industrial policy in order to bring together European, national, regional and local powers and the resources currently scattered across all levels and sectors; |
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17.

supports the European Parliament's proposal to set up a steering group on industrial policy in order to bring together European, national, regional and local powers and the resources currently scattered across all levels and sectors;

| 18. | requests the European Commission to formally consult the CoR in relation to the elaboration of the new guidelines governing the application of EU state aid rules; |
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18.

requests the European Commission to formally consult the CoR in relation to the elaboration of the new guidelines governing the application of EU state aid rules;

| 19. | encourages the European Commission to promote the development of regional blueprints for innovation including also industrial development; |
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19.

encourages the European Commission to promote the development of regional blueprints for innovation including also industrial development;

| 20. | requests the Commission to follow up on its communication Entrepreneurship 2020 by further analysing the real obstacles faced by young entrepreneurs and would encourage further cross-border exchange and possibilities for them; |
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20.

requests the Commission to follow up on its communication Entrepreneurship 2020 by further analysing the real obstacles faced by young entrepreneurs and would encourage further cross-border exchange and possibilities for them;

Cohesion policy and transport

| 21. | reiterates its request to the European Commission to prepare a White Paper on territorial cohesion which would analyse the interplay between the Territorial Agenda 2020 and the Europe 2020 strategy, as well as the ex-post territorial impact of cohesion policy in 2007-2013; |
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21.

reiterates its request to the European Commission to prepare a White Paper on territorial cohesion which would analyse the interplay between the Territorial Agenda 2020 and the Europe 2020 strategy, as well as the ex-post territorial impact of cohesion policy in 2007-2013;

| 22. | calls upon the European Commission to report on whether regional and local authorities were involved in a timely and structured way in the drafting of Partnership Agreements and Operational Programmes for 2014-2020, in line with the partnership and multilevel governance principles inserted in the Common Provisions Regulation as well as with the Code of Conduct on Partnership; |
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22.

calls upon the European Commission to report on whether regional and local authorities were involved in a timely and structured way in the drafting of Partnership Agreements and Operational Programmes for 2014-2020, in line with the partnership and multilevel governance principles inserted in the Common Provisions Regulation as well as with the Code of Conduct on Partnership;

| 23. | asks the European Commission to publish a practical easy-to-use guide for local actors on how to use the new structural funds as soon as the new regulations are adopted; |
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23.

asks the European Commission to publish a practical easy-to-use guide for local actors on how to use the new structural funds as soon as the new regulations are adopted;

| 24. | in relation to the Youth Employment Initiative (YEI), expresses strong concerns about the lack of sufficient funding over the entire next programming period and its concentration in 2014/2015 which puts its sustainability and efficiency into question. Calls therefore in particular for article 9f of the MFF regulation to be amended in order to remove the explicit limitation of the new YEI budget line to EUR 3 bn. This move would be all the more necessary in order to avoid any backloading after 2016 of programmes which are critical for cohesion such as cross border cooperation programmes or parts of the Connecting Europe Facility; |
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24.

in relation to the Youth Employment Initiative (YEI), expresses strong concerns about the lack of sufficient funding over the entire next programming period and its concentration in 2014/2015 which puts its sustainability and efficiency into question. Calls therefore in particular for article 9f of the MFF regulation to be amended in order to remove the explicit limitation of the new YEI budget line to EUR 3 bn. This move would be all the more necessary in order to avoid any backloading after 2016 of programmes which are critical for cohesion such as cross border cooperation programmes or parts of the Connecting Europe Facility;

| 25. | will cooperate with the European Commission in mainstreaming the EGTC into EU policies, as stated in the agreement in force between the two institutions and encourages the European Commission to promote the use of the EGTC in the implementation of the Neighbourhood Policy; the CoR will explore possibilities to set up EGTCs with neighbourhood partner countries through ARLEM and CORLEAP; |
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25.

will cooperate with the European Commission in mainstreaming the EGTC into EU policies, as stated in the agreement in force between the two institutions and encourages the European Commission to promote the use of the EGTC in the implementation of the Neighbourhood Policy; the CoR will explore possibilities to set up EGTCs with neighbourhood partner countries through ARLEM and CORLEAP;

| 26. | invites the Commission to prepare a Communication on "Mobility in geographically and demographically challenged regions"; |
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26.

invites the Commission to prepare a Communication on "Mobility in geographically and demographically challenged regions";

Employment and social inclusion and small and medium-sized enterprises

| 27. | in the context of the high level of unemployment in many Member States, which is particularly severe for young people, supports the efforts made in providing a Youth Guarantee and encourages the European Commission to further develop this area and to report on its progress in the course of 2014; |
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27.

in the context of the high level of unemployment in many Member States, which is particularly severe for young people, supports the efforts made in providing a Youth Guarantee and encourages the European Commission to further develop this area and to report on its progress in the course of 2014;

| 28. | calls on the European Commission to propose a "Social Investment Pact", as also requested by the European Parliament; |
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28.

calls on the European Commission to propose a "Social Investment Pact", as also requested by the European Parliament;

| 29. | believes that greater legal certainty is required for activities in the social economy and calls in this context for a statute of a European mutual society; |
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29.

believes that greater legal certainty is required for activities in the social economy and calls in this context for a statute of a European mutual society;

| 30. | in view of the SMEs job creating potential at local and regional level and to help them face the persistent crisis, calls on the European Commission to go further in encouraging financial institutions to lend to and invest in SMEs as a way of both ensuring their survival and promoting their growth. To this effect expects to see the proposals for the new "investment plan" agreed by the June European Council and encourages new investments in open innovation and entrepreneurial start-ups; |
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30.

in view of the SMEs job creating potential at local and regional level and to help them face the persistent crisis, calls on the European Commission to go further in encouraging financial institutions to lend to and invest in SMEs as a way of both ensuring their survival and promoting their growth. To this effect expects to see the proposals for the new "investment plan" agreed by the June European Council and encourages new investments in open innovation and entrepreneurial start-ups;

| 31. | calls on the Commission to continue efforts to simplify and minimise regulatory burden for SMEs within the scope of its new Regulatory Fitness and Performance Programme (REFIT) and with regular consultations with SMES to identify the EU laws and areas of legislation that they consider most burdensome ("Top Ten" initiative); |
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31.

calls on the Commission to continue efforts to simplify and minimise regulatory burden for SMEs within the scope of its new Regulatory Fitness and Performance Programme (REFIT) and with regular consultations with SMES to identify the EU laws and areas of legislation that they consider most burdensome ("Top Ten" initiative);

| 32. | calls on the Commission to develop a new political approach focused on entrepreneurship and Smart Specialisation strategies, as well as entrepreneurial discovery at all levels of education, from primary schools to vocational schools and universities; emphasis should be placed on how Europeans — ranging from local and regional leaders, to industrialists or start-up entrepreneurs — can interact with primary school pupils so that they can become more entrepreneurial in their attitudes and daily activities from a very early age; |
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32.

calls on the Commission to develop a new political approach focused on entrepreneurship and Smart Specialisation strategies, as well as entrepreneurial discovery at all levels of education, from primary schools to vocational schools and universities; emphasis should be placed on how Europeans — ranging from local and regional leaders, to industrialists or start-up entrepreneurs — can interact with primary school pupils so that they can become more entrepreneurial in their attitudes and daily activities from a very early age;

| 33. | calls on the Commission to put forward a proposal on the information and consultation of workers, anticipation and management of restructuring, as outlined by the European Parliament resolution of 15 January 2013; |
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33.

calls on the Commission to put forward a proposal on the information and consultation of workers, anticipation and management of restructuring, as outlined by the European Parliament resolution of 15 January 2013;

| 34. | calls upon the Commission to report on the implementation of the Late Payments Directive at national, regional and local levels of government; |
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34.

calls upon the Commission to report on the implementation of the Late Payments Directive at national, regional and local levels of government;

Justice and home affairs

| 35. | calls on the Commission and the Member States to continue involving local and regional authorities in the design and the implementation of policies in the field of justice and home affairs and specifically on migration and asylum as well as on the on-going fight against corruption and organised crime and the protection of victims; |
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35.

calls on the Commission and the Member States to continue involving local and regional authorities in the design and the implementation of policies in the field of justice and home affairs and specifically on migration and asylum as well as on the on-going fight against corruption and organised crime and the protection of victims;

| 36. | reiterates its commitment to the strategic partnership offered by the European Commission in 2012 through the revised European Agenda on the integration of third-country nationals and the policy dialogue carried out within the European Integration Forum; calls on the Commission to insist on the use of territorial pacts in this policy area as suggested in its revised integration agenda; |
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36.

reiterates its commitment to the strategic partnership offered by the European Commission in 2012 through the revised European Agenda on the integration of third-country nationals and the policy dialogue carried out within the European Integration Forum; calls on the Commission to insist on the use of territorial pacts in this policy area as suggested in its revised integration agenda;

Agriculture and maritime policy

| 37. | calls on the European Commission to revise the Directive 2004/18/EC on the coordination of procedures for the award of public contracts so that "locally produced" can be a standard selection criterion in tenders for the supply of food to, for instance, schools, nursing homes and public facilities (3); |
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37.

calls on the European Commission to revise the Directive 2004/18/EC on the coordination of procedures for the award of public contracts so that "locally produced" can be a standard selection criterion in tenders for the supply of food to, for instance, schools, nursing homes and public facilities (3);

| 38. | calls for careful evaluation of the territorial impact of all proposals to abolish market regulation mechanisms in agriculture, including bilateral trade agreements and association agreements, and to check whether these proposals are not at odds with the objective of territorial cohesion enshrined in the Lisbon Treaty; |
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38.

calls for careful evaluation of the territorial impact of all proposals to abolish market regulation mechanisms in agriculture, including bilateral trade agreements and association agreements, and to check whether these proposals are not at odds with the objective of territorial cohesion enshrined in the Lisbon Treaty;

| 39. | demands the Commission to propose a European rural development strategy in order to rebalance resources in favour of rural areas whose level of development remains below the Community average; |
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39.

demands the Commission to propose a European rural development strategy in order to rebalance resources in favour of rural areas whose level of development remains below the Community average;

| 40. | underlines the importance of a good implementation of the new regionalised decision making approach within the reformed Common Fisheries Policy (CFP), with decisions taken at sea basin level instead of the current EU micromanagement, and a better involvement of all stakeholders; is concerned about the use by the Commission of delegated acts as this should not be done at the expense of the specificities of each fishery and sea area; |
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40.

underlines the importance of a good implementation of the new regionalised decision making approach within the reformed Common Fisheries Policy (CFP), with decisions taken at sea basin level instead of the current EU micromanagement, and a better involvement of all stakeholders; is concerned about the use by the Commission of delegated acts as this should not be done at the expense of the specificities of each fishery and sea area;

Environment and energy

| 41. | recalls the key role which a transition to renewable energy supply has to play in the EU's climate and energy policy; calls therefore on the European Commission to propose a legally binding increase in the target for renewable energy for 2030, as well as intermediate targets for 2040 with a view of possibility of reaching 100 % renewable by 2050; |
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41.

recalls the key role which a transition to renewable energy supply has to play in the EU's climate and energy policy; calls therefore on the European Commission to propose a legally binding increase in the target for renewable energy for 2030, as well as intermediate targets for 2040 with a view of possibility of reaching 100 % renewable by 2050;

| 42. | asks the European Commission to launch further initiatives under the Resource Efficiency Roadmap (4) in 2014, such as the setting of complementary resource efficiency indicators in addition to the lead indicator on resource productivity used to gauge progress on the Roadmap's main objective — improving economic performance whilst reducing pressure on natural resources — as well as the setting of a new lead indicator on natural capital and environmental impacts of resource use, and advancing on the target based on these indicators, which is to be able to continually and cheaply measure progress in boosting resource efficiency; reiterates its call upon the European Commission to advance actions towards mandatory targets for green public procurement while taking into account that there are other important factors in public procurement (5); |
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42.

asks the European Commission to launch further initiatives under the Resource Efficiency Roadmap (4) in 2014, such as the setting of complementary resource efficiency indicators in addition to the lead indicator on resource productivity used to gauge progress on the Roadmap's main objective — improving economic performance whilst reducing pressure on natural resources — as well as the setting of a new lead indicator on natural capital and environmental impacts of resource use, and advancing on the target based on these indicators, which is to be able to continually and cheaply measure progress in boosting resource efficiency; reiterates its call upon the European Commission to advance actions towards mandatory targets for green public procurement while taking into account that there are other important factors in public procurement (5);

| 43. | calls on the European Commission to ensure that its 2014 review of waste legislation and of existing prevention, re-use, recycling, recovery and landfill diversion targets will take due account of the Committee's Outlook Opinion requested by the European Commission on the issue; the review should live up to the "aspirational targets" set out in the Resource Efficiency Roadmap paving the way towards an economy based on re-use and recycling, with residual waste close to zero; demands that in the context of the 2014 review special attention be placed on plastic waste; |
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43.

calls on the European Commission to ensure that its 2014 review of waste legislation and of existing prevention, re-use, recycling, recovery and landfill diversion targets will take due account of the Committee's Outlook Opinion requested by the European Commission on the issue; the review should live up to the "aspirational targets" set out in the Resource Efficiency Roadmap paving the way towards an economy based on re-use and recycling, with residual waste close to zero; demands that in the context of the 2014 review special attention be placed on plastic waste;

| 44. | as a follow up to the Green Paper, calls on the European Commission to deliver an ambitious new climate and energy framework for the period up to 2030; this framework must specifically provide for higher EU co-financing rates for infrastructure projects that support climate change objectives and are significantly climate related; |
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44.

as a follow up to the Green Paper, calls on the European Commission to deliver an ambitious new climate and energy framework for the period up to 2030; this framework must specifically provide for higher EU co-financing rates for infrastructure projects that support climate change objectives and are significantly climate related;

| 45. | requests that the Commission draw up a strategy on energy poverty, accompanied by the appropriate proposals, including an EU-wide definition of energy poverty; |
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45.

requests that the Commission draw up a strategy on energy poverty, accompanied by the appropriate proposals, including an EU-wide definition of energy poverty;

| 46. | calls on the European Commission to apply all efforts to stimulate energy efficiency and propose binding national energy efficiency targets accompanied with a detailed budgetary impact assessment and a package of financial measures; reiterates the need for policy implementation in this area to respect the partnership principle and to follow a multilevel governance approach; |
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46.

calls on the European Commission to apply all efforts to stimulate energy efficiency and propose binding national energy efficiency targets accompanied with a detailed budgetary impact assessment and a package of financial measures; reiterates the need for policy implementation in this area to respect the partnership principle and to follow a multilevel governance approach;

Subsidiarity, impact assessment and better regulation

| 47. | calls on the European Commission to start and conclude several of the evaluation exercises contemplated within the better regulation strategy and in particular REFIT and recalls its offer to contribute through its consultative networks; |
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47.

calls on the European Commission to start and conclude several of the evaluation exercises contemplated within the better regulation strategy and in particular REFIT and recalls its offer to contribute through its consultative networks;

| 48. | demands that the European Commission makes Territorial Impact Assessment (TIA) operational and compulsory in certain policy areas; reiterates its willingness to cooperate closely with the Commission in this area and suggests that the Directorate-General for Regional and Urban Policy becomes a one-stop shop for TIA; |
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48.

demands that the European Commission makes Territorial Impact Assessment (TIA) operational and compulsory in certain policy areas; reiterates its willingness to cooperate closely with the Commission in this area and suggests that the Directorate-General for Regional and Urban Policy becomes a one-stop shop for TIA;

| 49. | invites the Commission to forward to the Committee proposals for collaboration in the field of consultation of regions and local authorities in the pre-legislative phase (Article 2 of the Protocol on Subsidiarity and Proportionality) and in the field of compliance with the principles of subsidiarity and proportionality; |
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49.

invites the Commission to forward to the Committee proposals for collaboration in the field of consultation of regions and local authorities in the pre-legislative phase (Article 2 of the Protocol on Subsidiarity and Proportionality) and in the field of compliance with the principles of subsidiarity and proportionality;

Culture, innovation and tourism

| 50. | invites the European Commission to improve the EU regulatory framework for Cultural and Creative Sectors (CCS), focusing on simplification and access to financing. Culture and creativity should become better integrated in the Europe 2020 strategy; |
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50.

invites the European Commission to improve the EU regulatory framework for Cultural and Creative Sectors (CCS), focusing on simplification and access to financing. Culture and creativity should become better integrated in the Europe 2020 strategy;

| 51. | following the Innovation Investment Package, calls on the European Commission to clearly define and underline the role for LRAs in Public-Private Partnership (PPP) programmes and projects. Regions and cities are key players in creating the right framework conditions for innovative environments. As intermediate they bring together, within their territory, the main players of the innovation triangle, a mix of academia, universities, research players, industries and businesses; |
| --- | --- |

51.

following the Innovation Investment Package, calls on the European Commission to clearly define and underline the role for LRAs in Public-Private Partnership (PPP) programmes and projects. Regions and cities are key players in creating the right framework conditions for innovative environments. As intermediate they bring together, within their territory, the main players of the innovation triangle, a mix of academia, universities, research players, industries and businesses;

| 52. | stresses the need for issuing a communication on the strategy for sustainable and competitive cultural tourism as a means to support new job opportunities, boost local and regional economies; such a strategy could offer a common framework for promoting and financing the architectural, ethnographical and industrial heritage of European regions; |
| --- | --- |

52.

stresses the need for issuing a communication on the strategy for sustainable and competitive cultural tourism as a means to support new job opportunities, boost local and regional economies; such a strategy could offer a common framework for promoting and financing the architectural, ethnographical and industrial heritage of European regions;

Europe as a global actor

| 53. | acknowledges the European Commission intention to deepen the cooperation with the CoR in enhancing the local and regional dimension in the enlargement process; calls for the reflection of this in the annual enlargement progress reports; |
| --- | --- |

53.

acknowledges the European Commission intention to deepen the cooperation with the CoR in enhancing the local and regional dimension in the enlargement process; calls for the reflection of this in the annual enlargement progress reports;

| 54. | invites the Commission to explore further the possibilities of expanding the Local Administration Facility (LAF) to local governments in the Eastern Partnership and Euromed partner countries; |
| --- | --- |

54.

invites the Commission to explore further the possibilities of expanding the Local Administration Facility (LAF) to local governments in the Eastern Partnership and Euromed partner countries;

| 55. | calls on the European Commission and the Council to maintain a "more for more" approach in the new Roadmap for the Eastern Partnership, whereby the initiative should be more considered as an instrument to deploy the transformative power of the European Union's contribution and for the inclusion of local and regional authorities in the implementation of the initiative; |
| --- | --- |

55.

calls on the European Commission and the Council to maintain a "more for more" approach in the new Roadmap for the Eastern Partnership, whereby the initiative should be more considered as an instrument to deploy the transformative power of the European Union's contribution and for the inclusion of local and regional authorities in the implementation of the initiative;

| 56. | in the context of the Euromed cooperation, welcomes the emphasis being placed on regional development and would like to see the involvement of ARLEM in the so-called Pilot Regional Development Projects; |
| --- | --- |

56.

in the context of the Euromed cooperation, welcomes the emphasis being placed on regional development and would like to see the involvement of ARLEM in the so-called Pilot Regional Development Projects;

| 57. | recalls its full support to declare 2015 as European year for Development to secure the follow-up of the Millennium Development Goals (MDGs), and welcomes the reflections launched by the European Commission on the future global approach to development; calls on the Commission to defend an overarching framework for the post 2015 MDG that brings together the three dimensions of sustainable development: economic, social, environmental; |
| --- | --- |

57.

recalls its full support to declare 2015 as European year for Development to secure the follow-up of the Millennium Development Goals (MDGs), and welcomes the reflections launched by the European Commission on the future global approach to development; calls on the Commission to defend an overarching framework for the post 2015 MDG that brings together the three dimensions of sustainable development: economic, social, environmental;

| 58. | trusts that its recommendations will be duly considered in the process of preparing the Commission work programme for 2014 and instructs the President of the Committee of the Regions to submit this resolution to the President of the European Commission, the President of the European Parliament, the President of the European Council, the Lithuanian Presidency of the Council of the EU and the forthcoming Greek and Italian Presidencies. |
| --- | --- |

58.

trusts that its recommendations will be duly considered in the process of preparing the Commission work programme for 2014 and instructs the President of the Committee of the Regions to submit this resolution to the President of the European Commission, the President of the European Parliament, the President of the European Council, the Lithuanian Presidency of the Council of the EU and the forthcoming Greek and Italian Presidencies.

Brussels, 4 July 2013.

The President of the Committee of the Regions

Ramón Luis VALCÁRCEL SISO

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(1)  COM(2012) 629 final.

1

(2)  CdR 2204/2012.

2

(3)  Cf. CdR 341/2010.

3

(4)  COM(2011) 571 final.

4

(5)  Cf. CdR 140/2011 fin.

5

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| 27.9.2013 | EN | Official Journal of the European Union | C 280/6 |
| --- | --- | --- | --- |

27.9.2013

EN

Official Journal of the European Union

C 280/6

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Resolution of the Committee of the Regions on ‘Deepening of the Economic and Monetary Union (EMU)’

2013/C 280/02

THE COMMITTEE OF THE REGIONS

| — | having regard to the CoR resolution of 1 February 2013 on a sustainable future for the Economic and Monetary Union (EMU) (1); |
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—

having regard to the CoR resolution of 1 February 2013 on a sustainable future for the Economic and Monetary Union (EMU) (1);

| — | having regard to the two Commission communications entitled "Ex ante coordination of plans for major economic reforms" (COM(2013) 166 final) and "The introduction of a Convergence and Competitiveness Instrument" (COM(2013) 165 final), published on 20 March 2013; |
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—

having regard to the two Commission communications entitled "Ex ante coordination of plans for major economic reforms" (COM(2013) 166 final) and "The introduction of a Convergence and Competitiveness Instrument" (COM(2013) 165 final), published on 20 March 2013;

| — | having regard to the European Parliament resolution of 23 May 2013 on Future legislative proposals on EMU: response to the Commission communications (2013/2609(RSP)); |
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—

having regard to the European Parliament resolution of 23 May 2013 on Future legislative proposals on EMU: response to the Commission communications (2013/2609(RSP));

| — | having regard to the final conclusions of the European Council of 27-28 June 2013; |
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—

having regard to the final conclusions of the European Council of 27-28 June 2013;

| — | having regard to the principles of subsidiarity and proportionality; |
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—

having regard to the principles of subsidiarity and proportionality;

General considerations

| — | recalls the principles and objectives of the Economic and Monetary Union as set out in Articles 3 and 120 TFEU; |
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—

recalls the principles and objectives of the Economic and Monetary Union as set out in Articles 3 and 120 TFEU;

| — | underlines that the implementation of already approved measures must have precedence over any new proposal and concurs with the European Parliament that any further legislative initiative must demonstrate a clear added value in relation to existing instruments; |
| --- | --- |

—

underlines that the implementation of already approved measures must have precedence over any new proposal and concurs with the European Parliament that any further legislative initiative must demonstrate a clear added value in relation to existing instruments;

| — | stresses that, in all decisions being made on the development of the EMU, the role of local and regional authorities in the strengthening of economies and facilitating jobs and growth should be fully recognised and strengthened wherever possible; |
| --- | --- |

—

stresses that, in all decisions being made on the development of the EMU, the role of local and regional authorities in the strengthening of economies and facilitating jobs and growth should be fully recognised and strengthened wherever possible;

| — | regards the proposals for a single supervisory mechanism, with a central role for the ECB and a reform of the EBA's role as a move towards greater transparency and more democratic accountability; |
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—

regards the proposals for a single supervisory mechanism, with a central role for the ECB and a reform of the EBA's role as a move towards greater transparency and more democratic accountability;

| — | welcomes the call by the European Council of 27-28 June 2013 on the Commission to present its proposals on a draft regulation establishing a Single Resolution Mechanism as soon as possible and supports the intention to adopt the relevant legislation before the end of the current legislature; |
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—

welcomes the call by the European Council of 27-28 June 2013 on the Commission to present its proposals on a draft regulation establishing a Single Resolution Mechanism as soon as possible and supports the intention to adopt the relevant legislation before the end of the current legislature;

Ex ante coordination of plans for major economic policy reforms

| — | expects the European Commission to clearly outline in its proposal on ex ante coordination due for publication in the autumn 2013 the difference between this coordination and the other instruments and mechanisms already in place (e.g. the European Semester) or envisaged (e.g. CCI see below); |
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—

expects the European Commission to clearly outline in its proposal on ex ante coordination due for publication in the autumn 2013 the difference between this coordination and the other instruments and mechanisms already in place (e.g. the European Semester) or envisaged (e.g. CCI see below);

| — | stresses that the European Commission's proposal for ex-ante coordination of the most important economic policy reforms, in which only the Commission and Council of Ministers are involved, needs to be complemented by European and national measures which ensure that relevant local and regional authorities are duly consulted and informed; |
| --- | --- |

—

stresses that the European Commission's proposal for ex-ante coordination of the most important economic policy reforms, in which only the Commission and Council of Ministers are involved, needs to be complemented by European and national measures which ensure that relevant local and regional authorities are duly consulted and informed;

| — | asks the European Commission and the Member States to give special attention to regional spillover effects and their possible impact on the sustainability of public finances and on territorial cohesion, when undertaking ex ante coordination of major economic reforms in the EU; |
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—

asks the European Commission and the Member States to give special attention to regional spillover effects and their possible impact on the sustainability of public finances and on territorial cohesion, when undertaking ex ante coordination of major economic reforms in the EU;

| — | highlights that, given the strong link between the contractual arrangements and the envisaged ex ante coordination process, there should be a strong link between the governance and democratic accountability of the two processes; therefore, proposes that, in case the regional spill over effects are at stake, the involvement of the Committee of the Regions and the regional authorities concerned is ensured in the process of economic dialogue at EU level; |
| --- | --- |

—

highlights that, given the strong link between the contractual arrangements and the envisaged ex ante coordination process, there should be a strong link between the governance and democratic accountability of the two processes; therefore, proposes that, in case the regional spill over effects are at stake, the involvement of the Committee of the Regions and the regional authorities concerned is ensured in the process of economic dialogue at EU level;

| — | agrees that ex ante coordination should concern only major national economic reform plans; underlines that reforms in the social protection systems should also be covered as they may have an important effect within Member States; |
| --- | --- |

—

agrees that ex ante coordination should concern only major national economic reform plans; underlines that reforms in the social protection systems should also be covered as they may have an important effect within Member States;

| — | regrets that, with respect to the democratic legitimacy and accountability pillar of EMU, little concrete progress has been made to avoid having the entire process called into question in cases where it is perceived that the European Commission and other Member States are interfering in decisions that have in the past usually been taken at national or even regional level; |
| --- | --- |

—

regrets that, with respect to the democratic legitimacy and accountability pillar of EMU, little concrete progress has been made to avoid having the entire process called into question in cases where it is perceived that the European Commission and other Member States are interfering in decisions that have in the past usually been taken at national or even regional level;

Introduction of a convergence and competitiveness instrument (CCI)

| — | reiterates its conviction that a fiscal capacity is necessary to achieve a deep and genuine EMU and concurs that the proposed instrument could be a useful stepping stone in this direction; |
| --- | --- |

—

reiterates its conviction that a fiscal capacity is necessary to achieve a deep and genuine EMU and concurs that the proposed instrument could be a useful stepping stone in this direction;

| — | considers that the new instrument should be complementary to cohesion policy instruments; therefore expresses reservations with regard to the name of this new instrument given the congruence of terms between "convergence" and "cohesion" that may suggest an overlap; |
| --- | --- |

—

considers that the new instrument should be complementary to cohesion policy instruments; therefore expresses reservations with regard to the name of this new instrument given the congruence of terms between "convergence" and "cohesion" that may suggest an overlap;

| — | welcomes the setting up of a mechanism for stronger coordination and enforcement of structural policies based on arrangements of a contractual nature between Member States and EU institutions; stresses that these arrangements should be subject to joint decision-making and implementation and therefore requests that local and regional authorities are involved when contractual agreements are developed, with due respect of national legislations; the instrument should, however, also be open to Member States outside the Euro area on a voluntary basis; |
| --- | --- |

—

welcomes the setting up of a mechanism for stronger coordination and enforcement of structural policies based on arrangements of a contractual nature between Member States and EU institutions; stresses that these arrangements should be subject to joint decision-making and implementation and therefore requests that local and regional authorities are involved when contractual agreements are developed, with due respect of national legislations; the instrument should, however, also be open to Member States outside the Euro area on a voluntary basis;

| — | expresses concerns that the contractual arrangements as currently proposed in the Commission communication would further burden the already complex governance resulting from the new economic surveillance legislation (national reform programmes, country specific recommendations and related sanctions) and reformed cohesion policy (partnership agreements, operational programmes and related ex ante conditionalities); |
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—

expresses concerns that the contractual arrangements as currently proposed in the Commission communication would further burden the already complex governance resulting from the new economic surveillance legislation (national reform programmes, country specific recommendations and related sanctions) and reformed cohesion policy (partnership agreements, operational programmes and related ex ante conditionalities);

| — | considers that structural reforms are long-term processes that require a multiannual programming and therefore questions the need to establish a link between the triggering of this new instrument and the European Semester; |
| --- | --- |

—

considers that structural reforms are long-term processes that require a multiannual programming and therefore questions the need to establish a link between the triggering of this new instrument and the European Semester;

| — | calls on contractual arrangements to be based on the community method with the full inclusion of the European and national parliaments; |
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—

calls on contractual arrangements to be based on the community method with the full inclusion of the European and national parliaments;

| — | concurs that the EU should adopt a constructive approach to structural reforms at national level through a balance of incentives and sanctions; |
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—

concurs that the EU should adopt a constructive approach to structural reforms at national level through a balance of incentives and sanctions;

| — | notes that local and regional authorities have direct competences in fields concerned by structural reforms and should therefore be involved in the design and implementation of these contractual arrangements; |
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—

notes that local and regional authorities have direct competences in fields concerned by structural reforms and should therefore be involved in the design and implementation of these contractual arrangements;

| — | stresses that the above-mentioned multiannual programming and its implementation should therefore be based on effective multilevel governance involving local and regional authorities that respect the competencies of these authorities; |
| --- | --- |

—

stresses that the above-mentioned multiannual programming and its implementation should therefore be based on effective multilevel governance involving local and regional authorities that respect the competencies of these authorities;

Social dimension of the EMU

| — | welcomes the recognition by the European Council of 27-28 June 2013 of the need to strengthen the EMU's social dimension; reiterates in this context its support to the call made by the European Parliament on Member States to consider signing a "Social Investment Pact" which would set investment targets for social investments at national level in order to meet the employment, social and education targets of the Europe 2020 strategy. |
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—

welcomes the recognition by the European Council of 27-28 June 2013 of the need to strengthen the EMU's social dimension; reiterates in this context its support to the call made by the European Parliament on Member States to consider signing a "Social Investment Pact" which would set investment targets for social investments at national level in order to meet the employment, social and education targets of the Europe 2020 strategy.

Brussels, 4 July 2013.

The President of the Committee of the Regions

Ramón Luis VALCÁRCEL SISO

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(1)  CDR2494-2012_00_00_TRA_RES.

1

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OPINIONS

Committee of the Regions

102nd plenary session, 3-4 July 2013

| 27.9.2013 | EN | Official Journal of the European Union | C 280/8 |
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27.9.2013

EN

Official Journal of the European Union

C 280/8

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Opinion of the Committee of the Regions on ‘Frontier workers: assessment of the situation after 20 years of the internal market: problems and perspectives’

2013/C 280/03

THE COMMITTEE OF THE REGIONS

| — | notes that there is lack of reliable statistical data on "frontier workers"; |
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—

notes that there is lack of reliable statistical data on "frontier workers";

| — | Insists that article 5 of the directive on measures facilitating the exercise of rights conferred on workers in the context of freedom of movement for workers (COM(2013) 236) be amended in order to allow member states to also designate transregional structures for the promotion, analysis, monitoring and support of equal treatment of all workers or members of their families; |
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—

Insists that article 5 of the directive on measures facilitating the exercise of rights conferred on workers in the context of freedom of movement for workers (COM(2013) 236) be amended in order to allow member states to also designate transregional structures for the promotion, analysis, monitoring and support of equal treatment of all workers or members of their families;

| — | stresses that the national EURES-coordinations (to be put in place from 2015 onwards) should systematically engage in close cooperation with regional and local authorities; |
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—

stresses that the national EURES-coordinations (to be put in place from 2015 onwards) should systematically engage in close cooperation with regional and local authorities;

| — | Draws moreover attention to the fundamental role of transregional advice and expertise bodies; |
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—

Draws moreover attention to the fundamental role of transregional advice and expertise bodies;

| — | regrets that the absence of coordination with regard to minimum wage regulations leads in particular in border regions to the risk of outsourcing of labour-force intensive industries and services and social dumping. |
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—

regrets that the absence of coordination with regard to minimum wage regulations leads in particular in border regions to the risk of outsourcing of labour-force intensive industries and services and social dumping.

| Rapporteur | Mr Karl- Heinz LAMBERTZ (BE/PES), First Minister of the Belgian German-speaking Community |
| --- | --- |

Rapporteur

Mr Karl- Heinz LAMBERTZ (BE/PES), First Minister of the Belgian German-speaking Community

Reference document

I.   POLICY RECOMMENDATIONS

THE COMMITTEE OF THE REGIONS

Cross-border labour mobility and its implications for the Europe 2020 Strategy

| 1. | recalls that the Europe 2020 Strategy highlights both the positive impact of mobility on the European labour market integration and its effect on improving adaptability and employability of workers in the EU; |
| --- | --- |

1.

recalls that the Europe 2020 Strategy highlights both the positive impact of mobility on the European labour market integration and its effect on improving adaptability and employability of workers in the EU;

| 2. | observes that the paradox situation of labour shortage in particular fields where there is a high long-time unemployment, in particular of low-skilled workers, requires more flexibility and mobility in European border areas; |
| --- | --- |

2.

observes that the paradox situation of labour shortage in particular fields where there is a high long-time unemployment, in particular of low-skilled workers, requires more flexibility and mobility in European border areas;

| 3. | stresses that, in particular, for young people mobility provides the opportunity to enhance own skills and knowledge and to gain new experiences. Accordingly, it strongly supports the initiatives of the European Commission focusing on young people, e.g. the European Youth Employment Initiative including the European Youth Guarantee scheme decided in March 2013, the flagship initiative "Youth on the move" or the pilot project "Your first EURES job"; |
| --- | --- |

3.

stresses that, in particular, for young people mobility provides the opportunity to enhance own skills and knowledge and to gain new experiences. Accordingly, it strongly supports the initiatives of the European Commission focusing on young people, e.g. the European Youth Employment Initiative including the European Youth Guarantee scheme decided in March 2013, the flagship initiative "Youth on the move" or the pilot project "Your first EURES job";

| 4. | highlights the social dimension of labour mobility and its contribution to the promotion of sustainable and inclusive growth; |
| --- | --- |

4.

highlights the social dimension of labour mobility and its contribution to the promotion of sustainable and inclusive growth;

| 5. | welcomes the decision of the European Commission to modernise and improve EURES jobseeker mobility network that can help to increase mobility of workers across Member States. This reform should also help to facilitate mobility in border areas, where the highest mobility flows can be observed while further strengthening the existing EURES T networks; |
| --- | --- |

5.

welcomes the decision of the European Commission to modernise and improve EURES jobseeker mobility network that can help to increase mobility of workers across Member States. This reform should also help to facilitate mobility in border areas, where the highest mobility flows can be observed while further strengthening the existing EURES T networks;

Cross-border labour mobility after 20 years of the Internal Market

| 6. | notes that since the adoption of the first opinion of the Committee of the Regions on frontier workers on 29 September 2004 new challenges, but also opportunities in relation to labour mobility have emerged; |
| --- | --- |

6.

notes that since the adoption of the first opinion of the Committee of the Regions on frontier workers on 29 September 2004 new challenges, but also opportunities in relation to labour mobility have emerged;

| 7. | welcomes the European Commission's proposal for a directive on measures facilitating the exercise of rights conferred on workers in the context of freedom of movement for workers (COM(2013) 236) which aims at enforcing Regulation (EU) No 492/2011 of 5 April 2011 on freedom of movement for workers within the Union. Considers that the legal peculiarity of proposing a directive to enforce a regulation which in itself is in principle subject to direct effect reveals the intensity of legal and administrative challenges remaining at the level of national legislation and administration in the field of free movement of workers. Insists that article 5 of the directive be amended in order to allow member states to also designate transregional structures for the promotion, analysis, monitoring and support of equal treatment of all workers or members of their families. Requests that the CoR be included in the addressees of the report on the implementation of this Directive (Article 10); |
| --- | --- |

7.

welcomes the European Commission's proposal for a directive on measures facilitating the exercise of rights conferred on workers in the context of freedom of movement for workers (COM(2013) 236) which aims at enforcing Regulation (EU) No 492/2011 of 5 April 2011 on freedom of movement for workers within the Union. Considers that the legal peculiarity of proposing a directive to enforce a regulation which in itself is in principle subject to direct effect reveals the intensity of legal and administrative challenges remaining at the level of national legislation and administration in the field of free movement of workers. Insists that article 5 of the directive be amended in order to allow member states to also designate transregional structures for the promotion, analysis, monitoring and support of equal treatment of all workers or members of their families. Requests that the CoR be included in the addressees of the report on the implementation of this Directive (Article 10);

| 8. | welcomes the adoption of the Regulation (EU) No 492/2011 of 05.04.2011 on freedom of movement for workers within the Union, codifying Regulation (EEC) No 1612/68 that strengthens the rights of mobile workers while enforcing existing law; |
| --- | --- |

8.

welcomes the adoption of the Regulation (EU) No 492/2011 of 05.04.2011 on freedom of movement for workers within the Union, codifying Regulation (EEC) No 1612/68 that strengthens the rights of mobile workers while enforcing existing law;

| 9. | acknowledges the positive impact of the Regulation (EC) No 883/2004 on social security coordination and Regulation (EC) No 987/2009 laying down the procedure for implementing Regulation (EC) No 883/2004, as last amended by the Regulation (EU) 465/2012, that simplified and modernised the Union law; |
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9.

acknowledges the positive impact of the Regulation (EC) No 883/2004 on social security coordination and Regulation (EC) No 987/2009 laying down the procedure for implementing Regulation (EC) No 883/2004, as last amended by the Regulation (EU) 465/2012, that simplified and modernised the Union law;

| 10. | supports the initiative of the European Commission to better protect the rights of posted workers that constitute a considerable group of workers in some cross-border areas. The proposed directive on the enforcement of Directive 96/71/EC can help to reduce existing limitations in enforcement and improve the cooperation between the responsible national authorities. Recalls however its opinion of 29 November 2012 in which the CoR:






  — | considered that further targeted initiatives and actions were needed in order to counter effectively social dumping and fraud; |
| --- | --- | --- |

10.

supports the initiative of the European Commission to better protect the rights of posted workers that constitute a considerable group of workers in some cross-border areas. The proposed directive on the enforcement of Directive 96/71/EC can help to reduce existing limitations in enforcement and improve the cooperation between the responsible national authorities. Recalls however its opinion of 29 November 2012 in which the CoR:

—

considered that further targeted initiatives and actions were needed in order to counter effectively social dumping and fraud;

| — | regretted that substantive issues raised by case-law, especially those related to the extension of collective agreements, the extension of the "core set" of applicable rules, the use of a host country's more favourable provisions and the respect for fundamental social rights such as the right to strike had not been addresses by the proposed directive; |
| --- | --- |

—

regretted that substantive issues raised by case-law, especially those related to the extension of collective agreements, the extension of the "core set" of applicable rules, the use of a host country's more favourable provisions and the respect for fundamental social rights such as the right to strike had not been addresses by the proposed directive;

| — | proposed to ensure greater social responsibility on the part of employers and sub-contractors by introducing a provision limiting the number of sub-contracting levels; |
| --- | --- |

—

proposed to ensure greater social responsibility on the part of employers and sub-contractors by introducing a provision limiting the number of sub-contracting levels;

| 11. | recalls that more than one third of the EU citizens live in cross-border areas, where crossing the border on their way to a leisure activity, a cultural event or to work, is part of their daily life. Accordingly, legal and practical mobility obstacles are particularly challenging in these areas; |
| --- | --- |

11.

recalls that more than one third of the EU citizens live in cross-border areas, where crossing the border on their way to a leisure activity, a cultural event or to work, is part of their daily life. Accordingly, legal and practical mobility obstacles are particularly challenging in these areas;

| 12. | notes that there is lack of reliable statistical data on "frontier workers", i.e. according to the definition of regulation (EEC) No. 1408/71 "any employed of self-employed person who pursues his occupation in the territory of a Member State and resides in the territory of another Member State to which he returns as a rule daily or at least once a week". According to the "Scientific Report on the Mobility of Cross-Border Workers within the EU-27/EEA/EFTA Countries" elaborated for the European Commission in 2009, the number of cross-border workers amounted in the EU (including EEA/EFTA) in the year 2006/2007 to about 780 000 employees. For EU-15/EEA/EFTA the total number of frontier workers has increased by 26 % between 2000 and 2006/2007; |
| --- | --- |

12.

notes that there is lack of reliable statistical data on "frontier workers", i.e. according to the definition of regulation (EEC) No. 1408/71 "any employed of self-employed person who pursues his occupation in the territory of a Member State and resides in the territory of another Member State to which he returns as a rule daily or at least once a week". According to the "Scientific Report on the Mobility of Cross-Border Workers within the EU-27/EEA/EFTA Countries" elaborated for the European Commission in 2009, the number of cross-border workers amounted in the EU (including EEA/EFTA) in the year 2006/2007 to about 780 000 employees. For EU-15/EEA/EFTA the total number of frontier workers has increased by 26 % between 2000 and 2006/2007;

| 13. | observes that most cross-border commuting streams are centred in North West Europe and in Southern part of Scandinavia. Also in some border areas along new internal borders (e.g. between Estonia and Finland, Hungary and Austria) the degree of cross-border labour mobility is considerable. The Association of European Border Regions published in 2012 a detailed report analysing the degree of cross-border labour mobility in different geographical areas that specifies the information and service needs of frontier workers; |
| --- | --- |

13.

observes that most cross-border commuting streams are centred in North West Europe and in Southern part of Scandinavia. Also in some border areas along new internal borders (e.g. between Estonia and Finland, Hungary and Austria) the degree of cross-border labour mobility is considerable. The Association of European Border Regions published in 2012 a detailed report analysing the degree of cross-border labour mobility in different geographical areas that specifies the information and service needs of frontier workers;

| 14. | states that the impact of the EU enlargement in 2004 and 2007 on labour mobility along the "old" external borders has remained moderate. The out-commuters from "new" Member States represent not more than 15 % of the cross-border workers in the EU. However, the inquiries for information on job opportunities and working conditions in the neighbouring country have risen significantly along the "old" external borders, in particular after the removal of all remaining labour market restrictions except for Bulgaria and Romania in May 2011; |
| --- | --- |

14.

states that the impact of the EU enlargement in 2004 and 2007 on labour mobility along the "old" external borders has remained moderate. The out-commuters from "new" Member States represent not more than 15 % of the cross-border workers in the EU. However, the inquiries for information on job opportunities and working conditions in the neighbouring country have risen significantly along the "old" external borders, in particular after the removal of all remaining labour market restrictions except for Bulgaria and Romania in May 2011;

| 15. | shares the Commission’s opinion (1) that the number of mobile workers in Europe is too low, as to achieve a true European labour market. Indeed, according to the EU-Labour Force Survey, in 2011, only 3.1 % of the working-age European citizens (15-64) lived in an EU Member State other than their own. The Committee of the Regions believes that the number of cross-border workers could be higher, in particular if citizens could receive better and more reliable information and individual support. The trade unions could contribute specifically to this support, for example by defending workers in multinational employment. These objectives should be also reflected in the consultations surrounding the priorities for European financial programmes 2014-2020. The Committee also explicitly calls on the Member States to ensure sufficient financing of EURES priorities; |
| --- | --- |

15.

shares the Commission’s opinion (1) that the number of mobile workers in Europe is too low, as to achieve a true European labour market. Indeed, according to the EU-Labour Force Survey, in 2011, only 3.1 % of the working-age European citizens (15-64) lived in an EU Member State other than their own. The Committee of the Regions believes that the number of cross-border workers could be higher, in particular if citizens could receive better and more reliable information and individual support. The trade unions could contribute specifically to this support, for example by defending workers in multinational employment. These objectives should be also reflected in the consultations surrounding the priorities for European financial programmes 2014-2020. The Committee also explicitly calls on the Member States to ensure sufficient financing of EURES priorities;

Mobility obstacles and challenges faced by mobile workers

| 16. | welcomes the initiative of the European Commission launched in 2012 to examine tax measures for cross-border workers. Tax obstacles remain major source of problems encountered by frontier workers that still have difficulties in getting tax benefits, relief and deductions that they would obtain if they didn’t have the status of frontier worker; |
| --- | --- |

16.

welcomes the initiative of the European Commission launched in 2012 to examine tax measures for cross-border workers. Tax obstacles remain major source of problems encountered by frontier workers that still have difficulties in getting tax benefits, relief and deductions that they would obtain if they didn’t have the status of frontier worker;

| 17. | views the complexity of rules coordinating social security systems as major challenge. It is hardly possible to reduce problems related to differences between social security systems in the EU, as the legislative and administrative rules at national levels constantly change and produce new challenges. Accordingly, the access to reliable and regularly up-dated information and to advisory services should be further improved. As the situation of frontier workers differs heavily from standard situations, frontier workers should have access to individual information. E-services are an important tool as well, but cannot replace personalised services; |
| --- | --- |

17.

views the complexity of rules coordinating social security systems as major challenge. It is hardly possible to reduce problems related to differences between social security systems in the EU, as the legislative and administrative rules at national levels constantly change and produce new challenges. Accordingly, the access to reliable and regularly up-dated information and to advisory services should be further improved. As the situation of frontier workers differs heavily from standard situations, frontier workers should have access to individual information. E-services are an important tool as well, but cannot replace personalised services;

| 18. | states that there are often uncertainties referring to the question how to interpret and apply the existing legal foundations. Consequently, some problems often occur only because there is no general agreement in the public authorities on how to implement the corresponding law; |
| --- | --- |

18.

states that there are often uncertainties referring to the question how to interpret and apply the existing legal foundations. Consequently, some problems often occur only because there is no general agreement in the public authorities on how to implement the corresponding law;

| 19. | is aware that cultural obstacles, such as insufficient language knowledge cannot be overcome in the short-term. However, more targeted language trainings could help to change the attitude towards labour mobility. In addition, the establishment of mechanisms that promote vocational training internships and apprenticeships for both students and workers, are of key importance for the promotion of flexibility and mobility in European border regions; |
| --- | --- |

19.

is aware that cultural obstacles, such as insufficient language knowledge cannot be overcome in the short-term. However, more targeted language trainings could help to change the attitude towards labour mobility. In addition, the establishment of mechanisms that promote vocational training internships and apprenticeships for both students and workers, are of key importance for the promotion of flexibility and mobility in European border regions;

| 20. | notes that the lack of recognition of professional qualifications remains still an obstacle to the free movement of workers. In order to facilitate labour mobility the European Commission adopted in December 2011 a proposal modernising the Directive 2005/36/EC on the recognition of professional qualifications that introduces the European Professional Card and facilitates the access to information. However, in particular the regulated professions remain a challenge, as they require proof of specific professional qualifications according to national law. In such cases, the recognition procedures can be complex and differ heavily from one Member State to another; |
| --- | --- |

20.

notes that the lack of recognition of professional qualifications remains still an obstacle to the free movement of workers. In order to facilitate labour mobility the European Commission adopted in December 2011 a proposal modernising the Directive 2005/36/EC on the recognition of professional qualifications that introduces the European Professional Card and facilitates the access to information. However, in particular the regulated professions remain a challenge, as they require proof of specific professional qualifications according to national law. In such cases, the recognition procedures can be complex and differ heavily from one Member State to another;

| 21. | the Committee fears that providing advice to workers and jobseekers would be less of a priority for EURES from 2015 onwards, because the focus would be on job matching and service provision for employers rather than on advice concerning social security, taxes and wage and working conditions. The Committee wants to emphasise that the task of advising workers and jobseekers should on the contrary be reinforced, for example by reinforcing the frontier information points for workers and jobseekers, and by providing the social partners with more possibilities concerning offering advice to frontier workers; |
| --- | --- |

21.

the Committee fears that providing advice to workers and jobseekers would be less of a priority for EURES from 2015 onwards, because the focus would be on job matching and service provision for employers rather than on advice concerning social security, taxes and wage and working conditions. The Committee wants to emphasise that the task of advising workers and jobseekers should on the contrary be reinforced, for example by reinforcing the frontier information points for workers and jobseekers, and by providing the social partners with more possibilities concerning offering advice to frontier workers;

| 22. | regrets that the absence of coordination with regard to minimum wage regulations leads in particular in border regions to the risk of outsourcing of labour-force intensive industries and services and social dumping. The Committee therefore calls for a European coordination of minimum wages to be elaborated with due respect to the respective labour market conditions and the role of the social partners; |
| --- | --- |

22.

regrets that the absence of coordination with regard to minimum wage regulations leads in particular in border regions to the risk of outsourcing of labour-force intensive industries and services and social dumping. The Committee therefore calls for a European coordination of minimum wages to be elaborated with due respect to the respective labour market conditions and the role of the social partners;

| 23. | observes that differences in wage and/or tax levels can be an incentive for businesses in border areas to move to the neighbouring country. The consequence for the employees is that they become involuntarily frontier workers; |
| --- | --- |

23.

observes that differences in wage and/or tax levels can be an incentive for businesses in border areas to move to the neighbouring country. The consequence for the employees is that they become involuntarily frontier workers;

| 24. | expects the reforms towards an EU banking union to address the fragmentation of the capital markets which constitute a major obstacle for a fair level playing field for capital access of SMEs in border regions; |
| --- | --- |

24.

expects the reforms towards an EU banking union to address the fragmentation of the capital markets which constitute a major obstacle for a fair level playing field for capital access of SMEs in border regions;

| 25. | observes that differences in wage levels between "new" and "old" member states of the EU are sometimes conducive to the introduction of dumping salary rates and improper working conditions. This creates a particular challenge for the existing advisory services at the old external borders. The Committee calls on the Commission to ensure that frontier workers from countries with lower wage levels do not face discrimination in countries where wage levels are higher; |
| --- | --- |

25.

observes that differences in wage levels between "new" and "old" member states of the EU are sometimes conducive to the introduction of dumping salary rates and improper working conditions. This creates a particular challenge for the existing advisory services at the old external borders. The Committee calls on the Commission to ensure that frontier workers from countries with lower wage levels do not face discrimination in countries where wage levels are higher;

Facilitating cross-border labour mobility

| 26. | recalls that the degree of cross-border labour mobility depends on different factors. Wage differences and better job opportunities are important determinants. Well developed regional and cross-border public transport networks and good knowledge of the language of the neighbouring country are also important factors facilitating cross-border labour mobility; |
| --- | --- |

26.

recalls that the degree of cross-border labour mobility depends on different factors. Wage differences and better job opportunities are important determinants. Well developed regional and cross-border public transport networks and good knowledge of the language of the neighbouring country are also important factors facilitating cross-border labour mobility;

| 27. | stresses that the national EURES-coordinations (to be put in place from 2015 onwards) should systematically engage in close cooperation with regional and local authorities; |
| --- | --- |

27.

stresses that the national EURES-coordinations (to be put in place from 2015 onwards) should systematically engage in close cooperation with regional and local authorities;

| 28. | believes that systematic cross-border cooperation between regional and local authorities is an important condition for drawing national bodies' attention to the issue of mobility obstacles and the attempts to overcome them; |
| --- | --- |

28.

believes that systematic cross-border cooperation between regional and local authorities is an important condition for drawing national bodies' attention to the issue of mobility obstacles and the attempts to overcome them;

| 29. | emphasises the added value of information and advisory services available for frontier workers in European border and cross-border regions. There are more than 35 information points at regional/local level that provide individual advice and information to cross-border workers. Their expertise and experience should be used at European and national level while working on problem solutions; |
| --- | --- |

29.

emphasises the added value of information and advisory services available for frontier workers in European border and cross-border regions. There are more than 35 information points at regional/local level that provide individual advice and information to cross-border workers. Their expertise and experience should be used at European and national level while working on problem solutions;

| 30. | acknowledges the efforts of European border areas to facilitate cross-border labour mobility while looking for solutions to mobility obstacles. Several reports have been published that analyse in detail problems and challenges of frontier workers in specific cross-border regions (e.g. report on mobility obstacles of the regions Galicia/Norte de Portugal or the Region Sønderjylland-Schleswig). Draws moreover attention to the fundamental role of transregional advice and expertise bodies, such as the Task Force on frontier workers of the Greater Region SaarLorLux, which liaise with the social and economic transnational partners and with the political decision-makers at European and national level. Supports any effort invested into guaranteeing the sustainability of these bodies; |
| --- | --- |

30.

acknowledges the efforts of European border areas to facilitate cross-border labour mobility while looking for solutions to mobility obstacles. Several reports have been published that analyse in detail problems and challenges of frontier workers in specific cross-border regions (e.g. report on mobility obstacles of the regions Galicia/Norte de Portugal or the Region Sønderjylland-Schleswig). Draws moreover attention to the fundamental role of transregional advice and expertise bodies, such as the Task Force on frontier workers of the Greater Region SaarLorLux, which liaise with the social and economic transnational partners and with the political decision-makers at European and national level. Supports any effort invested into guaranteeing the sustainability of these bodies;

| 31. | believes that the Community legal instrument, the European Grouping for Territorial Cooperation (EGTC), offers new possibilities to promote and facilitate labour mobility in the EU. Considering the fact that an EGTC usually employs staff from more than one Member State, the experiences of EGTCs in relation to legal and practical mobility obstacles could be used while looking for practical solutions; |
| --- | --- |

31.

believes that the Community legal instrument, the European Grouping for Territorial Cooperation (EGTC), offers new possibilities to promote and facilitate labour mobility in the EU. Considering the fact that an EGTC usually employs staff from more than one Member State, the experiences of EGTCs in relation to legal and practical mobility obstacles could be used while looking for practical solutions;

| 32. | acknowledges the commitment of the on-line services SOLVIT and Your Europe Advice that help European citizens and businesses to understand and defend their rights in the EU. SOLVIT receives every year more than 1 300 inquiries. This number could be still higher if it would be better known among the citizens and businesses in the EU; calls therefore on the Members States as well as local and regional authorities to raise awareness about the SOLVIT centres, especially amongst SMEs, and to increase the staffing of the SOLVIT centres so that they can deal with inquiries more quickly; |
| --- | --- |

32.

acknowledges the commitment of the on-line services SOLVIT and Your Europe Advice that help European citizens and businesses to understand and defend their rights in the EU. SOLVIT receives every year more than 1 300 inquiries. This number could be still higher if it would be better known among the citizens and businesses in the EU; calls therefore on the Members States as well as local and regional authorities to raise awareness about the SOLVIT centres, especially amongst SMEs, and to increase the staffing of the SOLVIT centres so that they can deal with inquiries more quickly;

Recommendations of the Committee of the Regions

| 33. | stresses that the existing counselling networks (e.g. EURES T, expert networks of Euroregions) and information points for frontier workers provide a unique service and strongly support the efforts of the European Commission to increase labour mobility in the EU. Accordingly, cross-border advisory services facilitating mobility, in particular those provided by local and regional authorities and by social partners, should be considered as a European task and should receive the necessary financial support; |
| --- | --- |

33.

stresses that the existing counselling networks (e.g. EURES T, expert networks of Euroregions) and information points for frontier workers provide a unique service and strongly support the efforts of the European Commission to increase labour mobility in the EU. Accordingly, cross-border advisory services facilitating mobility, in particular those provided by local and regional authorities and by social partners, should be considered as a European task and should receive the necessary financial support;

| 34. | calls upon the European Commission to monitor on regular basis the implementation of Community legislation on free movement of workers, non-discrimination and social security coordination in the EU Member States and to actively contribute to better protection of social rights of workers in the EU, while also underscoring the responsibility of all members States to step up checks to combat undeclared work. Also quantitative and qualitative data on cross-border labour mobility in the EU should be collected on regular basis in order to better respond to new developments and challenges; |
| --- | --- |

34.

calls upon the European Commission to monitor on regular basis the implementation of Community legislation on free movement of workers, non-discrimination and social security coordination in the EU Member States and to actively contribute to better protection of social rights of workers in the EU, while also underscoring the responsibility of all members States to step up checks to combat undeclared work. Also quantitative and qualitative data on cross-border labour mobility in the EU should be collected on regular basis in order to better respond to new developments and challenges;

| 35. | recognises the important role of regional/local authorities while promoting labour mobility. The EU should use their experiences and know-how and elaborate in partnership with them joint concepts that would facilitate geographical mobility and help to create true European labour market; |
| --- | --- |

35.

recognises the important role of regional/local authorities while promoting labour mobility. The EU should use their experiences and know-how and elaborate in partnership with them joint concepts that would facilitate geographical mobility and help to create true European labour market;

| 36. | supports the idea of cross-border monitoring of the labour market and the collection of reliable statistical material at regional/local level. The availability of adequate data is important while preparing integrated labour market strategies and political interventions responding to currently emerging tendencies; |
| --- | --- |

36.

supports the idea of cross-border monitoring of the labour market and the collection of reliable statistical material at regional/local level. The availability of adequate data is important while preparing integrated labour market strategies and political interventions responding to currently emerging tendencies;

| 37. | believes that political dialogue at European, national and regional/local level, as well as dialogue with organisations gathering employees and employers is indispensable to overcome the constantly emerging challenges, such as changes in the demographic structure or lack of qualified labour force; |
| --- | --- |

37.

believes that political dialogue at European, national and regional/local level, as well as dialogue with organisations gathering employees and employers is indispensable to overcome the constantly emerging challenges, such as changes in the demographic structure or lack of qualified labour force;

| 38. | proposes to launch a platform at European level that would identify the problems faced by frontier workers and draw up recommendations for solving them. The platform would guarantee the exchange of expertise, the use of possible synergies and would foster the dialogue with the responsible political and administrative bodies; |
| --- | --- |

38.

proposes to launch a platform at European level that would identify the problems faced by frontier workers and draw up recommendations for solving them. The platform would guarantee the exchange of expertise, the use of possible synergies and would foster the dialogue with the responsible political and administrative bodies;

| 39. | suggests to elaborate a compendium of most urgent mobility obstacles and problems with possible ways of solution that should be regularly updated. |
| --- | --- |

39.

suggests to elaborate a compendium of most urgent mobility obstacles and problems with possible ways of solution that should be regularly updated.

Brussels, 3 July 2013.

The President of the Committee of the Regions

Ramón Luis VALCÁRCEL SISO

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(1)  See Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions: “Towards a job-rich recovery” (COM(2012) 173 final).

1

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| 27.9.2013 | EN | Official Journal of the European Union | C 280/13 |
| --- | --- | --- | --- |

27.9.2013

EN

Official Journal of the European Union

C 280/13

---

Opinion of the Committee of the Regions on ‘Assessing territorial impacts’

2013/C 280/04

THE COMMITTEE OF THE REGIONS

| — | understands territorial cohesion as a three-dimensional concept that should be taken into account by the European, national, regional and local authorities when implementing policies in their areas of responsibility, regrets that the Commission working document only covers the first of these three aspects, and calls for it to be re-drafted accordingly; |
| --- | --- |

—

understands territorial cohesion as a three-dimensional concept that should be taken into account by the European, national, regional and local authorities when implementing policies in their areas of responsibility, regrets that the Commission working document only covers the first of these three aspects, and calls for it to be re-drafted accordingly;

| — | recommends, as part of ongoing monitoring of Europe 2020 from the point of view of local and regional authorities, that more attention be paid to the territorial impacts of the strategy; |
| --- | --- |

—

recommends, as part of ongoing monitoring of Europe 2020 from the point of view of local and regional authorities, that more attention be paid to the territorial impacts of the strategy;

| — | does not agree that a territorial impact assessment should only be carried out when a legislative proposal is explicitly targeted towards specific territories, or risks having a large asymmetric territorial impact, and believes that no policy area should be excluded a priori from territorial impact assessment; |
| --- | --- |

—

does not agree that a territorial impact assessment should only be carried out when a legislative proposal is explicitly targeted towards specific territories, or risks having a large asymmetric territorial impact, and believes that no policy area should be excluded a priori from territorial impact assessment;

| — | calls for territorial impacts to be assessed right from the outset on an equal footing to economic, environmental and social impacts when assessing sectoral policies, not least with regard to their impacts at various local and regional levels, including their financial repercussions and interactions between territorial levels; |
| --- | --- |

—

calls for territorial impacts to be assessed right from the outset on an equal footing to economic, environmental and social impacts when assessing sectoral policies, not least with regard to their impacts at various local and regional levels, including their financial repercussions and interactions between territorial levels;

| — | points to the European Court of Auditors' 2010 recommendation on actively involving the Committee of the Regions in impact assessments at European level, and proposes that ongoing cooperation be developed in this area with the DG for Regional and Urban Policy, Eurostat, the Joint Research Centre and the ESPON programme to identify pragmatic approaches to assessing territorial impacts; |
| --- | --- |

—

points to the European Court of Auditors' 2010 recommendation on actively involving the Committee of the Regions in impact assessments at European level, and proposes that ongoing cooperation be developed in this area with the DG for Regional and Urban Policy, Eurostat, the Joint Research Centre and the ESPON programme to identify pragmatic approaches to assessing territorial impacts;

| — | undertakes to cooperate closely with the Commission in selecting and carrying out territorial impact assessments, and is also interested in cooperating closely with the EP and the Council to see the principle of territorial impact assessment reflected more clearly in legislative procedures; |
| --- | --- |

—

undertakes to cooperate closely with the Commission in selecting and carrying out territorial impact assessments, and is also interested in cooperating closely with the EP and the Council to see the principle of territorial impact assessment reflected more clearly in legislative procedures;

| — | intends to develop its own strategy for assessing territorial impacts, so as to provide scope to further implement the measures proposed in this opinion. |
| --- | --- |

—

intends to develop its own strategy for assessing territorial impacts, so as to provide scope to further implement the measures proposed in this opinion.

| Rapporteur | Dr Michael SCHNEIDER (DE/EPP), Secretary of State, Sachsen-Anhalt representative to the Federal Government |
| --- | --- |
| Reference document | Commission staff working document of 17 January 2013:
  Assessing territorial impacts: Operational guidance on how to assess regional and local impacts within the Commission Impact Assessment System
  SWD (2013) 3 final |

Rapporteur

Dr Michael SCHNEIDER (DE/EPP), Secretary of State, Sachsen-Anhalt representative to the Federal Government

Reference document

Commission staff working document of 17 January 2013:

Assessing territorial impacts: Operational guidance on how to assess regional and local impacts within the Commission Impact Assessment System

SWD (2013) 3 final

I.   POLICY RECOMMENDATIONS

THE COMMITTEE OF THE REGIONS

A.   
  General issues

| 1. | welcomes the Commission's publication in early 2013 of a working document on assessing territorial impacts that sets out operational and methodological guidelines on how to approach the territorial dimension of impact assessment when Commission proposals are being drafted; |
| --- | --- |

1.

welcomes the Commission's publication in early 2013 of a working document on assessing territorial impacts that sets out operational and methodological guidelines on how to approach the territorial dimension of impact assessment when Commission proposals are being drafted;

| 2. | also welcomes other recent developments, such as the ESPON report on "Territorial Impact Assessment of Policies and EU Directives" (December 2012), or the Directorate for Impact Assessment recently set up by the European Parliament; |
| --- | --- |

2.

also welcomes other recent developments, such as the ESPON report on "Territorial Impact Assessment of Policies and EU Directives" (December 2012), or the Directorate for Impact Assessment recently set up by the European Parliament;

| 3. | supports the statement in the Territorial Agenda that coordination of different sector-specific strategies to optimise territorial impact and maximise consistency can make such strategies much more successful and help to avoid negative impacts from conflicting measures. Integrated territorial development can strike the right balance between sustainability, competitiveness and social cohesion; |
| --- | --- |

3.

supports the statement in the Territorial Agenda that coordination of different sector-specific strategies to optimise territorial impact and maximise consistency can make such strategies much more successful and help to avoid negative impacts from conflicting measures. Integrated territorial development can strike the right balance between sustainability, competitiveness and social cohesion;

| 4. | views territorial impact assessment (TIA) as a tool for gauging the territorial repercussions of a policy or legislative proposal on local and regional authorities in view of their objectives and plans for spatial development policy. Early assessment of territorial impacts is meant to ensure that the local and regional level is involved, that spatial development is practicable, relevant and territorially linked, and that funds are deployed effectively. However, national, regional and local powers in land use and development planning are not up for discussion; |
| --- | --- |

4.

views territorial impact assessment (TIA) as a tool for gauging the territorial repercussions of a policy or legislative proposal on local and regional authorities in view of their objectives and plans for spatial development policy. Early assessment of territorial impacts is meant to ensure that the local and regional level is involved, that spatial development is practicable, relevant and territorially linked, and that funds are deployed effectively. However, national, regional and local powers in land use and development planning are not up for discussion;

| 5. | points out that, in most policy areas, powers are shared between the EU and the Member States, which means that the principle of subsidiarity applies. A territorial impact assessment as part of a subsidiarity check can constitute a key argument for action at EU level should it demonstrate that this would be of greater benefit than action at Member State or regional level; |
| --- | --- |

5.

points out that, in most policy areas, powers are shared between the EU and the Member States, which means that the principle of subsidiarity applies. A territorial impact assessment as part of a subsidiarity check can constitute a key argument for action at EU level should it demonstrate that this would be of greater benefit than action at Member State or regional level;

| 6. | underlines that territorial impact assessments can also be useful way of shedding light on potential downsides to EU policy proposals, which is especially important in view of the principle of proportionality. Thus territorial impact assessment is also an important tool for better lawmaking; |
| --- | --- |

6.

underlines that territorial impact assessments can also be useful way of shedding light on potential downsides to EU policy proposals, which is especially important in view of the principle of proportionality. Thus territorial impact assessment is also an important tool for better lawmaking;

| 7. | draws attention to the fact that a “territorial impact assessment” should make it possible to identify the short-term and long-term consequences of decisions that are planned or being taken. By dividing the relevant tools based on the above classification it will be possible to establish the scope and intensity of impacts more effectively; |
| --- | --- |

7.

draws attention to the fact that a “territorial impact assessment” should make it possible to identify the short-term and long-term consequences of decisions that are planned or being taken. By dividing the relevant tools based on the above classification it will be possible to establish the scope and intensity of impacts more effectively;

| 8. | therefore sees a close link between territorial impact assessment, assessing impacts in general, and subsidiarity and proportionality auditing of new legislation at European level, and points to the work already carried out by the Europe 2020 Monitoring Platform and the Subsidiarity Monitoring Network; |
| --- | --- |

8.

therefore sees a close link between territorial impact assessment, assessing impacts in general, and subsidiarity and proportionality auditing of new legislation at European level, and points to the work already carried out by the Europe 2020 Monitoring Platform and the Subsidiarity Monitoring Network;

| 9. | is mindful of the results of the consultation (1) on the Commission working document run by the Committee of the Regions in February and March 2013; |
| --- | --- |

9.

is mindful of the results of the consultation (1) on the Commission working document run by the Committee of the Regions in February and March 2013;

B.   
  Territorial impact assessment as part of territorial cohesion

| 10. | underlines that, under Article 3 of the TEU and in connection with Articles 174, 175 and 349 of the TFEU, all policy areas are to contribute to the objective of territorial cohesion and to strengthening economic and social cohesion, which is why measures need to be audited in terms of their territorial impacts and the consequences for local and regional authorities need to be assessed; in particular, tangible, effective measures are required to help reduce disparities in regional development and compensate for the geographical and demographic disadvantages facing certain regions; |
| --- | --- |

10.

underlines that, under Article 3 of the TEU and in connection with Articles 174, 175 and 349 of the TFEU, all policy areas are to contribute to the objective of territorial cohesion and to strengthening economic and social cohesion, which is why measures need to be audited in terms of their territorial impacts and the consequences for local and regional authorities need to be assessed; in particular, tangible, effective measures are required to help reduce disparities in regional development and compensate for the geographical and demographic disadvantages facing certain regions;

| 11. | reiterates that the impact assessments of legislative proposals should study, where necessary, the territorial dimension (local and regional aspects, financial and administrative repercussions for national, regional and local authorities) of the main policy options under consideration; points out that this is a consequence of the obligation to "take account of the need for any burden, whether financial or administrative, falling upon [...] regional or local authorities [...] to be minimised and commensurate with the objective to be achieved" (Article 5, Protocol (No 2) of the TFEU); |
| --- | --- |

11.

reiterates that the impact assessments of legislative proposals should study, where necessary, the territorial dimension (local and regional aspects, financial and administrative repercussions for national, regional and local authorities) of the main policy options under consideration; points out that this is a consequence of the obligation to "take account of the need for any burden, whether financial or administrative, falling upon [...] regional or local authorities [...] to be minimised and commensurate with the objective to be achieved" (Article 5, Protocol (No 2) of the TFEU);

| 12. | understands territorial cohesion as a three-dimensional concept that should be taken into account by the European, national, regional and local authorities when implementing policies in their areas of responsibility;
  Territorial cohesion






  — | seeks to even out economic and social disparities between regions through structural support and the development of endogenous regional development potential (balanced territorial development); |
| --- | --- | --- |

12.

understands territorial cohesion as a three-dimensional concept that should be taken into account by the European, national, regional and local authorities when implementing policies in their areas of responsibility;

Territorial cohesion

—

seeks to even out economic and social disparities between regions through structural support and the development of endogenous regional development potential (balanced territorial development);

| — | commits European policy-makers to adopting an approach that is horizontally and vertically coherent as well as cross-sectoral when exercising their powers that have territorial implications (territorial integration); and |
| --- | --- |

—

commits European policy-makers to adopting an approach that is horizontally and vertically coherent as well as cross-sectoral when exercising their powers that have territorial implications (territorial integration); and

| — | requires that public, private and civil society stakeholders network locally to ensure that measures are effective (territorial governance); |
| --- | --- |

—

requires that public, private and civil society stakeholders network locally to ensure that measures are effective (territorial governance);

| 13. | regrets that the Commission working document only covers the first of these three aspects, and calls for it to be re-drafted accordingly; |
| --- | --- |

13.

regrets that the Commission working document only covers the first of these three aspects, and calls for it to be re-drafted accordingly;

| 14. | recommends that the Commission pay more attention to assessing territorial impacts in its efforts to further territorial cohesion. Doing so could foster a shared understanding of the issue; improve implementation of cohesion policy; make it more flexible; gear it more effectively to the relevant territorial level; and align it with local and regional circumstances and requirements in accordance with subsidiarity; |
| --- | --- |

14.

recommends that the Commission pay more attention to assessing territorial impacts in its efforts to further territorial cohesion. Doing so could foster a shared understanding of the issue; improve implementation of cohesion policy; make it more flexible; gear it more effectively to the relevant territorial level; and align it with local and regional circumstances and requirements in accordance with subsidiarity;

| 15. | believes that the this working document is a sensible contribution to the debate on territorial cohesion policy in the EU, in that it seeks to quantify and qualify the territorial impacts of European policies on regional/local authorities. Territorial cohesion is closely bound up with spatial development policy, whose interplay with sectoral policies should be further tracked and politically managed; |
| --- | --- |

15.

believes that the this working document is a sensible contribution to the debate on territorial cohesion policy in the EU, in that it seeks to quantify and qualify the territorial impacts of European policies on regional/local authorities. Territorial cohesion is closely bound up with spatial development policy, whose interplay with sectoral policies should be further tracked and politically managed;

| 16. | believes that the document should be improved accordingly, so as to stimulate policy debate and position the working document as a framework for all sectoral policies; |
| --- | --- |

16.

believes that the document should be improved accordingly, so as to stimulate policy debate and position the working document as a framework for all sectoral policies;

| 17. | underlines the importance of territorial impact assessment for cross-border effects of EU policies at local and regional level. Territorial cohesion is also about new forms of partnership between public, private and civil society stakeholders by way of cooperation and networking at European level. In particular, this includes cross-border, transnational and inter-regional cooperation. In view of this, European Groupings of Territorial Cooperation (EGTCs) can be good laboratories for assessing cross-border territorial impact; |
| --- | --- |

17.

underlines the importance of territorial impact assessment for cross-border effects of EU policies at local and regional level. Territorial cohesion is also about new forms of partnership between public, private and civil society stakeholders by way of cooperation and networking at European level. In particular, this includes cross-border, transnational and inter-regional cooperation. In view of this, European Groupings of Territorial Cooperation (EGTCs) can be good laboratories for assessing cross-border territorial impact;

C.   
  Territorial impact assessment as a component of European spatial development

| 18. | notes the discussions and associated decisions concerning the European Spatial Development Perspective (ESDP) (1999), the EU's Territorial Agenda, and the Leipzig Charter on Sustainable European Cities (May 2007), which, by way of recommendations, create a European framework for EU and Member State action to mobilise regions' and cities' potential for sustainable economic growth and job creation and tackle the challenges posed by demographic trends, global structural shifts and climate change; |
| --- | --- |

18.

notes the discussions and associated decisions concerning the European Spatial Development Perspective (ESDP) (1999), the EU's Territorial Agenda, and the Leipzig Charter on Sustainable European Cities (May 2007), which, by way of recommendations, create a European framework for EU and Member State action to mobilise regions' and cities' potential for sustainable economic growth and job creation and tackle the challenges posed by demographic trends, global structural shifts and climate change;

| 19. | welcomes the work of the current Trio Presidency on carrying out the roadmap for implementation of the Territorial Agenda drawn up under the Polish presidency (second semester of 2011); |
| --- | --- |

19.

welcomes the work of the current Trio Presidency on carrying out the roadmap for implementation of the Territorial Agenda drawn up under the Polish presidency (second semester of 2011);

| 20. | believes that European spatial development policy needs to be updated to cope with changed spatial conditions, especially in the wake of the last rounds of enlargement and the financial crisis which has had important spatial consequences, and believes that work on the Territorial Agenda 2020 should therefore continue; |
| --- | --- |

20.

believes that European spatial development policy needs to be updated to cope with changed spatial conditions, especially in the wake of the last rounds of enlargement and the financial crisis which has had important spatial consequences, and believes that work on the Territorial Agenda 2020 should therefore continue;

| 21. | calls on the Commission to further develop this working document, paying more attention to aspects of integrated spatial development in Europe; |
| --- | --- |

21.

calls on the Commission to further develop this working document, paying more attention to aspects of integrated spatial development in Europe;

D.   
  Territorial impact assessment as part of the Europe 2020 strategy

| 22. | is concerned that the Europe 2020 strategy in particular fails to account for either the specific characteristics or the areas of responsibility of Europe's cities and regions, as noted in October 2012 in the Third CoR Monitoring Report on Europe 2020, and sees the EU's regional diversity as potential that has not yet been fully exploited, requiring that the Europe 2020 strategy be given a cross-border, territory-specific dimension; |
| --- | --- |

22.

is concerned that the Europe 2020 strategy in particular fails to account for either the specific characteristics or the areas of responsibility of Europe's cities and regions, as noted in October 2012 in the Third CoR Monitoring Report on Europe 2020, and sees the EU's regional diversity as potential that has not yet been fully exploited, requiring that the Europe 2020 strategy be given a cross-border, territory-specific dimension;

| 23. | believes that smart, sustainable and inclusive growth can only be achieved if policy measures more clearly reflect the potential for development of, and challenges facing, territories within Europe. To avoid repeating the mistakes of the Lisbon strategy, Europe 2020 should adequately account for the territorial dimension and its potential as a driver of smart, sustainable and inclusive growth; |
| --- | --- |

23.

believes that smart, sustainable and inclusive growth can only be achieved if policy measures more clearly reflect the potential for development of, and challenges facing, territories within Europe. To avoid repeating the mistakes of the Lisbon strategy, Europe 2020 should adequately account for the territorial dimension and its potential as a driver of smart, sustainable and inclusive growth;

| 24. | recommends, as part of ongoing monitoring of Europe 2020 from the point of view of local and regional authorities, that more attention be paid to the territorial impacts of the strategy, making greater use of elements of territorial impact assessment. This recommendation was also raised in a number of submissions to the consultation; |
| --- | --- |

24.

recommends, as part of ongoing monitoring of Europe 2020 from the point of view of local and regional authorities, that more attention be paid to the territorial impacts of the strategy, making greater use of elements of territorial impact assessment. This recommendation was also raised in a number of submissions to the consultation;

| 25. | underlines that multilevel governance and partnerships are key to realising territorial cohesion, and that a more clearly place-based approach should be made a priority; |
| --- | --- |

25.

underlines that multilevel governance and partnerships are key to realising territorial cohesion, and that a more clearly place-based approach should be made a priority;

| 26. | calls on the European Commission, therefore, to address the implications for the Europe 2020 strategy in its working paper; |
| --- | --- |

26.

calls on the European Commission, therefore, to address the implications for the Europe 2020 strategy in its working paper;

E.   
  Territorial impact assessment as a tool for better coordination of EU sectoral policies

| 27. | underlines the need to coordinate the territorial impacts of sectoral policies at EU and Member State level as well as between the EU and Member States, and believes that better coordination of different EU policies in terms of their territorial impacts should be a key objective of territorial impact assessment, at local and regional level in particular; |
| --- | --- |

27.

underlines the need to coordinate the territorial impacts of sectoral policies at EU and Member State level as well as between the EU and Member States, and believes that better coordination of different EU policies in terms of their territorial impacts should be a key objective of territorial impact assessment, at local and regional level in particular;

| 28. | believes that no policy area should be excluded a priori from territorial impact assessment. The impacts arising as a result of proposed action can only be identified following the completion of an assessment. The absence of any impacts from an assessment also needs to be established, supported by an appropriate analysis of the situation; |
| --- | --- |

28.

believes that no policy area should be excluded a priori from territorial impact assessment. The impacts arising as a result of proposed action can only be identified following the completion of an assessment. The absence of any impacts from an assessment also needs to be established, supported by an appropriate analysis of the situation;

| 29. | believes that territorial impact assessments should be mandatory in the following policy areas with a pronounced territorial dimension: infrastructure; cohesion policy; transport; energy and the environment; the single market; labour markets and social policy; innovation, research and development; agriculture and fisheries; industrial and SME policy; education; urban and regional policies; rural development; services of general interest; water supply and treatment; the promotion of culture and tourism, and all policies that impact on specific types of area; |
| --- | --- |

29.

believes that territorial impact assessments should be mandatory in the following policy areas with a pronounced territorial dimension: infrastructure; cohesion policy; transport; energy and the environment; the single market; labour markets and social policy; innovation, research and development; agriculture and fisheries; industrial and SME policy; education; urban and regional policies; rural development; services of general interest; water supply and treatment; the promotion of culture and tourism, and all policies that impact on specific types of area;

| 30. | therefore calls for territorial impacts to be assessed right from the outset on an equal footing to economic, environmental and social impacts when assessing sectoral policies, not least with regard to their impacts at various local and regional levels, including their financial repercussions and interactions between territorial levels; |
| --- | --- |

30.

therefore calls for territorial impacts to be assessed right from the outset on an equal footing to economic, environmental and social impacts when assessing sectoral policies, not least with regard to their impacts at various local and regional levels, including their financial repercussions and interactions between territorial levels;

| 31. | underlines the key role that territorial impact assessments can play in enhancing coordination of EU sectoral policies to promote territorial cohesion, and believes that no new EU legislation is needed to achieve this and that red tape should be kept to a minimum; moreover, supports the statement in the Territorial Agenda that improved monitoring and evaluation at EU level of territorial development and performance of territorial cohesion efforts should be developed whilst ensuring that the administrative burden on Member States should not increase. The existing assessment, monitoring and evaluation practices and requirements of the EU, including those for Structural and Cohesion Funds and implementation of the Europe 2020 Strategy, should incorporate relevant territorial considerations (2); |
| --- | --- |

31.

underlines the key role that territorial impact assessments can play in enhancing coordination of EU sectoral policies to promote territorial cohesion, and believes that no new EU legislation is needed to achieve this and that red tape should be kept to a minimum; moreover, supports the statement in the Territorial Agenda that improved monitoring and evaluation at EU level of territorial development and performance of territorial cohesion efforts should be developed whilst ensuring that the administrative burden on Member States should not increase. The existing assessment, monitoring and evaluation practices and requirements of the EU, including those for Structural and Cohesion Funds and implementation of the Europe 2020 Strategy, should incorporate relevant territorial considerations (2);

| 32. | continues to support systematic ex-post evaluations of EU legislation as an efficient tool for smart regulation; |
| --- | --- |

32.

continues to support systematic ex-post evaluations of EU legislation as an efficient tool for smart regulation;

F.   
  The methodology of assessing territorial impacts

| 33. | considers the methodology and tools proposed for supporting territorial impact assessment (such as ESPON ARTS or QUICKScan) to be sufficient to measure the potential territorial impacts of a proposal at local and regional level; |
| --- | --- |

33.

considers the methodology and tools proposed for supporting territorial impact assessment (such as ESPON ARTS or QUICKScan) to be sufficient to measure the potential territorial impacts of a proposal at local and regional level;

| 34. | consequently does not agree that a territorial impact assessment should only be carried out when a legislative proposal is explicitly targeted towards specific territories, or risks having a large asymmetric territorial impact (an "outlier" impact), as proposed in the Commission's working document. Indeed, the only way to assess the real extent of the impact is to carry out ex-ante territorial impact assessments, which is why, in line with the precautionary principle, all legislative proposals should be evaluated as a general rule and only exempted in exceptional and duly justified cases, and not the other way round; |
| --- | --- |

34.

consequently does not agree that a territorial impact assessment should only be carried out when a legislative proposal is explicitly targeted towards specific territories, or risks having a large asymmetric territorial impact (an "outlier" impact), as proposed in the Commission's working document. Indeed, the only way to assess the real extent of the impact is to carry out ex-ante territorial impact assessments, which is why, in line with the precautionary principle, all legislative proposals should be evaluated as a general rule and only exempted in exceptional and duly justified cases, and not the other way round;

| 35. | continues to see major shortcomings, not least in the data available at European level on the local (NUTS III) and regional level (NUTS II), when it comes to applying available methods in an efficient and targeted way; |
| --- | --- |

35.

continues to see major shortcomings, not least in the data available at European level on the local (NUTS III) and regional level (NUTS II), when it comes to applying available methods in an efficient and targeted way;

| 36. | expects further ideas to follow for indicators that would yield a more comprehensive picture of societal wellbeing and territorial impacts, especially in view of the debate on "GDP and beyond"; recalls that indicators are already available through Eurostat, which allow social and environmental issues to be measured; |
| --- | --- |

36.

expects further ideas to follow for indicators that would yield a more comprehensive picture of societal wellbeing and territorial impacts, especially in view of the debate on "GDP and beyond"; recalls that indicators are already available through Eurostat, which allow social and environmental issues to be measured;

| 37. | proposes that experts and representatives from local and regional authorities be given the opportunity to get involved in the workshops planned for the QUICKScan exercise; |
| --- | --- |

37.

proposes that experts and representatives from local and regional authorities be given the opportunity to get involved in the workshops planned for the QUICKScan exercise;

| 38. | underlines the special role of the ESPON programme in boosting EU-wide research into spatial development and promoting exchange of experience in the European Union, and welcomes the publication of a handbook on assessing territorial impacts that builds on the Commission's working document; |
| --- | --- |

38.

underlines the special role of the ESPON programme in boosting EU-wide research into spatial development and promoting exchange of experience in the European Union, and welcomes the publication of a handbook on assessing territorial impacts that builds on the Commission's working document;

| 39. | feels that it is essential that territorial impact assessment methods be complemented with education and training measures for people in this area; |
| --- | --- |

39.

feels that it is essential that territorial impact assessment methods be complemented with education and training measures for people in this area;

| 40. | proposes that the methods and tools used to assess territorial impacts be reviewed after a period of about a year to see whether they are fit for purpose, or need to be adjusted or complemented; |
| --- | --- |

40.

proposes that the methods and tools used to assess territorial impacts be reviewed after a period of about a year to see whether they are fit for purpose, or need to be adjusted or complemented;

G.   
  The forthcoming implementation of territorial impact assessments at European level

| 41. | points to the European Court of Auditors' 2010 recommendation on actively involving the Committee of the Regions in impact assessments at European level, and underlines the need to also closely involve both Eurostat and the Joint Research Centre in this process; |
| --- | --- |

41.

points to the European Court of Auditors' 2010 recommendation on actively involving the Committee of the Regions in impact assessments at European level, and underlines the need to also closely involve both Eurostat and the Joint Research Centre in this process;

| 42. | believes that this can only happen if territorial impact assessments are fully coordinated within the Commission, so as both to allow territorial concerns to be factored more clearly into general impact assessments, and to create the conditions for ongoing cooperation with other institutions; |
| --- | --- |

42.

believes that this can only happen if territorial impact assessments are fully coordinated within the Commission, so as both to allow territorial concerns to be factored more clearly into general impact assessments, and to create the conditions for ongoing cooperation with other institutions;

| 43. | therefore takes the view that a non-binding recommendation on assessing territorial impacts — such as this working document — is in no way sufficient to meet the requirements of territorial cohesion and impact assessment; |
| --- | --- |

43.

therefore takes the view that a non-binding recommendation on assessing territorial impacts — such as this working document — is in no way sufficient to meet the requirements of territorial cohesion and impact assessment;

| 44. | consequently feels there is a need for close cooperation between the DG for Regional Policy, the Joint Research Centre, the ESPON programme and the Committee of the Regions, to identify pragmatic approaches to assessing territorial impacts; |
| --- | --- |

44.

consequently feels there is a need for close cooperation between the DG for Regional Policy, the Joint Research Centre, the ESPON programme and the Committee of the Regions, to identify pragmatic approaches to assessing territorial impacts;

| 45. | also considers it necessary for territorial impact assessment measures to be tightly interlocked with the measures proposed by the Commission in late 2012 on enhancing "EU Regulatory Fitness" (3), and notes the separate Committee opinion on this matter; |
| --- | --- |

45.

also considers it necessary for territorial impact assessment measures to be tightly interlocked with the measures proposed by the Commission in late 2012 on enhancing "EU Regulatory Fitness" (3), and notes the separate Committee opinion on this matter;

| 46. | points out that territorial impact assessment also plays a key role at national level in identifying territorial impacts at an early stage and acting accordingly; |
| --- | --- |

46.

points out that territorial impact assessment also plays a key role at national level in identifying territorial impacts at an early stage and acting accordingly;

| 47. | therefore welcomes the commitment made by the Member States under the Territorial Agenda to make greater use of territorial impact assessments themselves and to analyse the consequences on local and regional authorities, and feels that it would make sense for the Member States to regularly share experiences with such assessments amongst themselves and with the specialised services of the EU institutions, in order to ensure that the studies are methodologically consistent and comparable; |
| --- | --- |

47.

therefore welcomes the commitment made by the Member States under the Territorial Agenda to make greater use of territorial impact assessments themselves and to analyse the consequences on local and regional authorities, and feels that it would make sense for the Member States to regularly share experiences with such assessments amongst themselves and with the specialised services of the EU institutions, in order to ensure that the studies are methodologically consistent and comparable;

| 48. | urges the Commission to take advantage of cooperation with local and regional authorities to channel consultations towards the interested and affected parties, capitalising on local and regional authorities' experience in order to be able to ask the right questions at the right time, and on their ability to address stakeholders in their own language, as far as possible; |
| --- | --- |

48.

urges the Commission to take advantage of cooperation with local and regional authorities to channel consultations towards the interested and affected parties, capitalising on local and regional authorities' experience in order to be able to ask the right questions at the right time, and on their ability to address stakeholders in their own language, as far as possible;

H.   
  Proposals for implementing territorial impact assessments in the European Union

| 49. | reiterates its call, as already expressed in its opinion on the green paper on territorial cohesion, for a white paper on territorial cohesion in order to more clearly fix the concept of territorial cohesion and its objectives at EU level. This working document is no substitute for such a white paper; |
| --- | --- |

49.

reiterates its call, as already expressed in its opinion on the green paper on territorial cohesion, for a white paper on territorial cohesion in order to more clearly fix the concept of territorial cohesion and its objectives at EU level. This working document is no substitute for such a white paper;

| 50. | advocates assessing the territorial impacts of not just Commission legislative proposals, but all political initiatives — including communications, green papers and white papers — in view of the potential territorial repercussions of the measures they propose; |
| --- | --- |

50.

advocates assessing the territorial impacts of not just Commission legislative proposals, but all political initiatives — including communications, green papers and white papers — in view of the potential territorial repercussions of the measures they propose;

| 51. | calls on the forthcoming EU Presidency to pay particular attention to the territorial aspects of cohesion policy, to the role of a place-based approach, and to the performance of territorial impact assessments; |
| --- | --- |

51.

calls on the forthcoming EU Presidency to pay particular attention to the territorial aspects of cohesion policy, to the role of a place-based approach, and to the performance of territorial impact assessments;

| 52. | proposes that territorial impact assessment be regularly discussed in the Network of Territorial Cohesion Contact Points; |
| --- | --- |

52.

proposes that territorial impact assessment be regularly discussed in the Network of Territorial Cohesion Contact Points;

| 53. | further proposes that Open Days also be used to strengthen links between territorial impact assessments at national and European level; |
| --- | --- |

53.

further proposes that Open Days also be used to strengthen links between territorial impact assessments at national and European level;

| 54. | proposes that the Commission charge the DG for Regional and Urban Policy with the task of acting as a central coordination and contact point in the Commission for territorial impact assessments and of representing this issue on the Impact Assessment Board. This central contact point should also be responsible for checking the Commission's work programme and impact assessment programme to see whether any territorial impact assessments are necessary, and, if so, to launch such assessments (in cooperation with the DG responsible); |
| --- | --- |

54.

proposes that the Commission charge the DG for Regional and Urban Policy with the task of acting as a central coordination and contact point in the Commission for territorial impact assessments and of representing this issue on the Impact Assessment Board. This central contact point should also be responsible for checking the Commission's work programme and impact assessment programme to see whether any territorial impact assessments are necessary, and, if so, to launch such assessments (in cooperation with the DG responsible);

| 55. | undertakes to cooperate closely with the Commission in selecting and carrying out territorial impact assessments, as already provided for in the protocol on cooperation between the two institutions; Commission services can request the support of the Committee when carrying out impact assessments; |
| --- | --- |

55.

undertakes to cooperate closely with the Commission in selecting and carrying out territorial impact assessments, as already provided for in the protocol on cooperation between the two institutions; Commission services can request the support of the Committee when carrying out impact assessments;

| 56. | proposes that the Commission agree on close cooperation between the partners especially involved in territorial impact assessment (EUROSTAT, the Joint Research Centre, ESPON and the Committee of the Regions), not least so as to settle the future division of labour and tasks when running this process; |
| --- | --- |

56.

proposes that the Commission agree on close cooperation between the partners especially involved in territorial impact assessment (EUROSTAT, the Joint Research Centre, ESPON and the Committee of the Regions), not least so as to settle the future division of labour and tasks when running this process;

| 57. | calls on the Commission to report, no later than in the next Report on Economic, Social and Territorial Cohesion in early 2014, on how coordination of EU policies to promote territorial cohesion and to better account for the territorial dimension of EU policy can be strengthened through the consistent use of territorial impact assessments; |
| --- | --- |

57.

calls on the Commission to report, no later than in the next Report on Economic, Social and Territorial Cohesion in early 2014, on how coordination of EU policies to promote territorial cohesion and to better account for the territorial dimension of EU policy can be strengthened through the consistent use of territorial impact assessments;

| 58. | calls for experts and representatives of local and regional authorities to be consistently involved in drawing up and carrying out territorial impact assessments; |
| --- | --- |

58.

calls for experts and representatives of local and regional authorities to be consistently involved in drawing up and carrying out territorial impact assessments;

| 59. | calls for training modules to be run on the concept and application of territorial impact assessments, and asks the Commission to earmark the necessary funds; |
| --- | --- |

59.

calls for training modules to be run on the concept and application of territorial impact assessments, and asks the Commission to earmark the necessary funds;

| 60. | calls for the ESPON programme to be continued and for a clearer focus on key areas of research, which undoubtedly include the further development of models for assessing territorial impacts to be made more visible across the EU institutions and for the results to be mainstreamed across existing and developing policies as appropriate; |
| --- | --- |

60.

calls for the ESPON programme to be continued and for a clearer focus on key areas of research, which undoubtedly include the further development of models for assessing territorial impacts to be made more visible across the EU institutions and for the results to be mainstreamed across existing and developing policies as appropriate;

| 61. | calls on the Commission, in their report on the implementation of impact assessments, to provide information on the implementation and results of territorial impact assessments in a separate chapter; |
| --- | --- |

61.

calls on the Commission, in their report on the implementation of impact assessments, to provide information on the implementation and results of territorial impact assessments in a separate chapter;

| 62. | calls for assessment of territorial impacts to be extended, not least to cover the Europe 2020 strategy and the European Semester recommendations, and reasserts its call for the inclusion of a chapter on the European Semester's regional dimension in the Commission's Annual Growth Survey; |
| --- | --- |

62.

calls for assessment of territorial impacts to be extended, not least to cover the Europe 2020 strategy and the European Semester recommendations, and reasserts its call for the inclusion of a chapter on the European Semester's regional dimension in the Commission's Annual Growth Survey;

| 63. | calls for appropriate measures and procedures to be provided for to address asymmetric territorial impacts identified by a territorial impact assessment, such measures and procedures guaranteeing the involvement of locally affected players and especially local and regional authorities; |
| --- | --- |

63.

calls for appropriate measures and procedures to be provided for to address asymmetric territorial impacts identified by a territorial impact assessment, such measures and procedures guaranteeing the involvement of locally affected players and especially local and regional authorities;

I.   
  The future role of the Committee of the Regions in assessing territorial impacts

| 64. | underlines that the principle of multilevel governance and partnership are key to achieving territorial cohesion and a place-based approach. The Committee of the Regions will continue to advocate that these principles be fully realised, as called for in consultation by all stakeholders; |
| --- | --- |

64.

underlines that the principle of multilevel governance and partnership are key to achieving territorial cohesion and a place-based approach. The Committee of the Regions will continue to advocate that these principles be fully realised, as called for in consultation by all stakeholders;

| 65. | reaffirms the role it can play supporting the Commission in assessing impacts, and proposes that the agreements mentioned in the protocol on cooperation between the European Commission the Committee of the Regions also be used for cooperation in assessing territorial impacts; |
| --- | --- |

65.

reaffirms the role it can play supporting the Commission in assessing impacts, and proposes that the agreements mentioned in the protocol on cooperation between the European Commission the Committee of the Regions also be used for cooperation in assessing territorial impacts;

| 66. | therefore proposes that ongoing cooperation be developed in this area with the DG for Regional and Urban Policy, Eurostat, the Joint Research Centre and the ESPON programme; |
| --- | --- |

66.

therefore proposes that ongoing cooperation be developed in this area with the DG for Regional and Urban Policy, Eurostat, the Joint Research Centre and the ESPON programme;

| 67. | is also interested in cooperating closely with the European Parliament and the Council to see the principle of territorial impact assessment reflected more clearly in legislative procedures; in particular calls on the Parliament to authorise its impact assessment directorate to become active in upstream impact assessment during the pre-legislative phase; notes that amendments made to legislative proposals by the European Parliament or the Council may have a significant impact on local and regional authorities and their territorial consequences should therefore be assessed. This would help to increase and improve the use of impact assessments in decision-making processes; |
| --- | --- |

67.

is also interested in cooperating closely with the European Parliament and the Council to see the principle of territorial impact assessment reflected more clearly in legislative procedures; in particular calls on the Parliament to authorise its impact assessment directorate to become active in upstream impact assessment during the pre-legislative phase; notes that amendments made to legislative proposals by the European Parliament or the Council may have a significant impact on local and regional authorities and their territorial consequences should therefore be assessed. This would help to increase and improve the use of impact assessments in decision-making processes;

| 68. | is also prepared to cooperate closely with other partners on this issue, such as European associations of local and regional authorities, research institutes and trade associations; |
| --- | --- |

68.

is also prepared to cooperate closely with other partners on this issue, such as European associations of local and regional authorities, research institutes and trade associations;

| 69. | calls on the Commission to take measures to increase understanding of the methodology and opportunities for use of territorial impact assessments among representatives of local and regional authorities through the use of appropriate channels such as the Covenant of Mayors Programme and Erasmus for Mayors, and is prepared to take part in carrying out these measures; |
| --- | --- |

69.

calls on the Commission to take measures to increase understanding of the methodology and opportunities for use of territorial impact assessments among representatives of local and regional authorities through the use of appropriate channels such as the Covenant of Mayors Programme and Erasmus for Mayors, and is prepared to take part in carrying out these measures;

| 70. | considers it important that more attention be paid to the territorial impacts of the Europe 2020 strategy as part of ongoing monitoring of the strategy from the point of view of local and regional authorities; in this context, proposes that a regional progress indicator be developed for more nuanced assessment of the strategy's territorial impact, based on regional statistics; also calls on the Commission to use territorial impact assessment as a tool, particularly in view of the strategy's midterm review; |
| --- | --- |

70.

considers it important that more attention be paid to the territorial impacts of the Europe 2020 strategy as part of ongoing monitoring of the strategy from the point of view of local and regional authorities; in this context, proposes that a regional progress indicator be developed for more nuanced assessment of the strategy's territorial impact, based on regional statistics; also calls on the Commission to use territorial impact assessment as a tool, particularly in view of the strategy's midterm review;

| 71. | intends to develop its own strategy for assessing territorial impacts (possibly as part of a general strategy for impact assessment and taking into account strategic environmental assessment results), so as to provide scope to further implement the measures proposed in this opinion. |
| --- | --- |

71.

intends to develop its own strategy for assessing territorial impacts (possibly as part of a general strategy for impact assessment and taking into account strategic environmental assessment results), so as to provide scope to further implement the measures proposed in this opinion.

Brussels, 3 July 2013.

The President of the Committee of the Regions

Ramón Luis VALCÁRCEL SISO

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(1)  http://portal.cor.europa.eu/subsidiarity/news/Pages/Assessment-of-Territorial-Impacts.aspx

1

(2)  Paragraph 49 in the Territorial Agenda of the European Union 2020 — Towards an Inclusive, Smart and Sustainable Europe of Diverse Regions, agreed at the Informal Ministerial Meeting of Ministers responsible for Spatial Planning and Territorial Development on 19th May 2011 Gödöllő, Hungary.

2

(3)  http://ec.europa.eu/governance/better_regulation/documents/com_2013_en.pdf

3

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| 27.9.2013 | EN | Official Journal of the European Union | C 280/19 |
| --- | --- | --- | --- |

27.9.2013

EN

Official Journal of the European Union

C 280/19

---

Opinion of the Committee of the Regions on ‘Cyber-security Strategy’

2013/C 280/05

THE COMMITTEE OF THE REGIONS

| — | welcomes the Commission’s Cybersecurity Strategy and Directive on Network and Information Security (NIS), and supports the Strategy’s objective to ensure an open, safe and secure cyber space and make the EU’s online environment the safest in the world; |
| --- | --- |

—

welcomes the Commission’s Cybersecurity Strategy and Directive on Network and Information Security (NIS), and supports the Strategy’s objective to ensure an open, safe and secure cyber space and make the EU’s online environment the safest in the world;

| — | believes that a package to bind existing and proposed work in this area is urgently needed and will help provide a coordinated, strategic vision for Europe. The package is welcomed in order to ensure coordination, encourage cooperation, produce clear, decisive actions, achieve a common level of cyber protection, improve resilience in IT systems and networks against new and emerging cyber threats, and reduce fragmentation across the EU; |
| --- | --- |

—

believes that a package to bind existing and proposed work in this area is urgently needed and will help provide a coordinated, strategic vision for Europe. The package is welcomed in order to ensure coordination, encourage cooperation, produce clear, decisive actions, achieve a common level of cyber protection, improve resilience in IT systems and networks against new and emerging cyber threats, and reduce fragmentation across the EU;

| — | recommends the publication of an Action Plan by the Commission to explain how the ambitious goals set out in the package will work in practice. The Action Plan will also need guidance for evaluating and measuring the effect of the Strategy, in order to ascertain whether cooperation is taking place and whether progress is being achieved; |
| --- | --- |

—

recommends the publication of an Action Plan by the Commission to explain how the ambitious goals set out in the package will work in practice. The Action Plan will also need guidance for evaluating and measuring the effect of the Strategy, in order to ascertain whether cooperation is taking place and whether progress is being achieved;

| — | stresses that the new package should help improve the prevention, detection and response to cyber incidents and lead to better information sharing and coordination between Member States and the Commission against major cyber incidents. Achieving this will require genuine partnership working involving Member States, EU institutions, local and regional authorities (LRAs), the private sector and civil society. |
| --- | --- |

—

stresses that the new package should help improve the prevention, detection and response to cyber incidents and lead to better information sharing and coordination between Member States and the Commission against major cyber incidents. Achieving this will require genuine partnership working involving Member States, EU institutions, local and regional authorities (LRAs), the private sector and civil society.

| Rapporteur | Robert BRIGHT (UK/PES), Member of Newport City Council |
| --- | --- |
| Reference documents | Joint Communication Cyber Security Strategy of the European Union
  (JOIN(2013) 1 final)
  Proposal for a Directive Concerning measures to ensure a high common level of network and information security across the Union
  (COM(2013) 48 final) |

Rapporteur

Robert BRIGHT (UK/PES), Member of Newport City Council

Reference documents

Joint Communication Cyber Security Strategy of the European Union

(JOIN(2013) 1 final)

Proposal for a Directive Concerning measures to ensure a high common level of network and information security across the Union

(COM(2013) 48 final)

I.   POLICY RECOMMENDATIONS

THE COMMITTEE OF THE REGIONS

| 1. | welcomes the Commission’s Cybersecurity Strategy and Directive on Network and Information Security (NIS), and supports the Strategy’s objective to ensure an open, safe and secure cyber space and make the EU’s online environment the safest in the world; |
| --- | --- |

1.

welcomes the Commission’s Cybersecurity Strategy and Directive on Network and Information Security (NIS), and supports the Strategy’s objective to ensure an open, safe and secure cyber space and make the EU’s online environment the safest in the world;

| 2. | expects the new cybersecurity package (including the Strategy and Directive) to "raise the bar" and make a major contribution to the development of cyber security standards across the EU, diminishing legal uncertainty, increasing trust and confidence in online services, reducing unnecessary costs and administrative burdens and thus supporting the Digital Single Market and the objectives of the Europe 2020 strategy; |
| --- | --- |

2.

expects the new cybersecurity package (including the Strategy and Directive) to "raise the bar" and make a major contribution to the development of cyber security standards across the EU, diminishing legal uncertainty, increasing trust and confidence in online services, reducing unnecessary costs and administrative burdens and thus supporting the Digital Single Market and the objectives of the Europe 2020 strategy;

| 3. | believes that a package to bind existing and proposed work in this area is urgently needed and will help provide a coordinated, strategic vision for Europe. The package is welcomed in order to ensure coordination, encourage cooperation, produce clear, decisive actions, achieve a common level of cyber protection, improve resilience in IT systems and networks against new and emerging cyber threats, and reduce fragmentation across the EU; |
| --- | --- |

3.

believes that a package to bind existing and proposed work in this area is urgently needed and will help provide a coordinated, strategic vision for Europe. The package is welcomed in order to ensure coordination, encourage cooperation, produce clear, decisive actions, achieve a common level of cyber protection, improve resilience in IT systems and networks against new and emerging cyber threats, and reduce fragmentation across the EU;

| 4. | recommends that organisations, including public authorities, need to acknowledge that tackling cybercrime is an ongoing battle, and are urged to prioritise the threat posed by cyber disruptions and attacks by identifying vulnerabilities and develop organisational capacities for managing breaches. As the internet becomes an increasingly integral part of peoples' lives the menacing threat from cybercrime increases and expands in parallel. Cybercrime, in all its forms, is a rapidly developing, sophisticated new threat to Member States, organisations and EU citizens in the 21st century and one which continually increases in frequency, complexity and knows no borders; |
| --- | --- |

4.

recommends that organisations, including public authorities, need to acknowledge that tackling cybercrime is an ongoing battle, and are urged to prioritise the threat posed by cyber disruptions and attacks by identifying vulnerabilities and develop organisational capacities for managing breaches. As the internet becomes an increasingly integral part of peoples' lives the menacing threat from cybercrime increases and expands in parallel. Cybercrime, in all its forms, is a rapidly developing, sophisticated new threat to Member States, organisations and EU citizens in the 21st century and one which continually increases in frequency, complexity and knows no borders;

| 5. | recognises the key advances the EU has made to date in better protecting citizens from online crimes, including proposing legislation on attacks against information systems, and the launch of a Global Alliance to fight child sexual abuse online. The package should take forward previous actions, including those identified in the 2010 Digital Agenda for Europe (1), and build towards a robust European cyber defence policy; urges to this effect the co-legislators currently discussing the Commission proposal for a Directive on attacks against information systems (2), to come to a swift agreement on the proposal; |
| --- | --- |

5.

recognises the key advances the EU has made to date in better protecting citizens from online crimes, including proposing legislation on attacks against information systems, and the launch of a Global Alliance to fight child sexual abuse online. The package should take forward previous actions, including those identified in the 2010 Digital Agenda for Europe (1), and build towards a robust European cyber defence policy; urges to this effect the co-legislators currently discussing the Commission proposal for a Directive on attacks against information systems (2), to come to a swift agreement on the proposal;

| 6. | supports the Strategy’s ambition as it aims to not only harmonise the cybersecurity capabilities of Member States and bring the various strands of existing and proposed work together to establish common standards and a level playing field, but also coordinate and achieve consistency across three policy areas; Law enforcement; the Digital Agenda; and Defence, Security and Foreign Policy; whose competences have been separate; |
| --- | --- |

6.

supports the Strategy’s ambition as it aims to not only harmonise the cybersecurity capabilities of Member States and bring the various strands of existing and proposed work together to establish common standards and a level playing field, but also coordinate and achieve consistency across three policy areas; Law enforcement; the Digital Agenda; and Defence, Security and Foreign Policy; whose competences have been separate;

| 7. | suggests the package could benefit from evidence being collected by national governments and should propose a set of harmonised standards related to networks and information security; |
| --- | --- |

7.

suggests the package could benefit from evidence being collected by national governments and should propose a set of harmonised standards related to networks and information security;

| 8. | welcomes the multi-stakeholder approach taken by the package towards policy-making. The package recognises the importance of public-private cooperation, and achieving genuine partnership working with adequate resources. The package also aspires towards the completion of the EU Digital Single Market, creating a safe, secure and prosperous online digital environment for companies, governments and citizens; |
| --- | --- |

8.

welcomes the multi-stakeholder approach taken by the package towards policy-making. The package recognises the importance of public-private cooperation, and achieving genuine partnership working with adequate resources. The package also aspires towards the completion of the EU Digital Single Market, creating a safe, secure and prosperous online digital environment for companies, governments and citizens;

| 9. | welcomes the measures proposed in the Directive, including the recommendation that Member States must adopt a national NIS Strategy, set up Computer Emergency Response Teams (CERTs) to work with the European Network and Information Security Agency (ENISA), and creating a clear cooperation mechanism among Member States and the Commission to share early warnings on risk and incidents through a secure infrastructure. These measures and the regulatory approach taken by the Directive should do much to improve consistency, establish a common minimum level of preparedness at national level and boost cyber defences across the EU; |
| --- | --- |

9.

welcomes the measures proposed in the Directive, including the recommendation that Member States must adopt a national NIS Strategy, set up Computer Emergency Response Teams (CERTs) to work with the European Network and Information Security Agency (ENISA), and creating a clear cooperation mechanism among Member States and the Commission to share early warnings on risk and incidents through a secure infrastructure. These measures and the regulatory approach taken by the Directive should do much to improve consistency, establish a common minimum level of preparedness at national level and boost cyber defences across the EU;

| 10. | encourages the European Parliament and the Council to swiftly adopt the proposal for a Directive on a common high level of NIS across the European Union; |
| --- | --- |

10.

encourages the European Parliament and the Council to swiftly adopt the proposal for a Directive on a common high level of NIS across the European Union;

| 11. | suggests the package could benefit from further details on how Member States report and collate data on cybercrime as well as further specificities on how to implement measures. Common reporting systems and further clarity on notification requirements will be crucial to avoid uncertainty and a lack of consistency on how a national NIS competent authority defines and measures cyber-incidents that have a "significant impact". It is also imperative that setting up a national NIS competent authority takes into account the division of competences within Member States, particularly those with highly federalised or devolved structures; |
| --- | --- |

11.

suggests the package could benefit from further details on how Member States report and collate data on cybercrime as well as further specificities on how to implement measures. Common reporting systems and further clarity on notification requirements will be crucial to avoid uncertainty and a lack of consistency on how a national NIS competent authority defines and measures cyber-incidents that have a "significant impact". It is also imperative that setting up a national NIS competent authority takes into account the division of competences within Member States, particularly those with highly federalised or devolved structures;

| 12. | voices therefore some concern over certain regulatory and legal aspects of the package particularly with regard to the lack of clarity when it comes to the definition of the criteria to be fulfilled for a Member State to be authorised to participate to the secure information-sharing system, further specification of the triggering events for early warning, and the definition of the circumstances in which market operators and public administrations are required to notify incidents. The absence of clearly established rules over these issues impedes legal certainty; |
| --- | --- |

12.

voices therefore some concern over certain regulatory and legal aspects of the package particularly with regard to the lack of clarity when it comes to the definition of the criteria to be fulfilled for a Member State to be authorised to participate to the secure information-sharing system, further specification of the triggering events for early warning, and the definition of the circumstances in which market operators and public administrations are required to notify incidents. The absence of clearly established rules over these issues impedes legal certainty;

| 13. | expresses some concern that the Directive could place unnecessary regulatory burdens on business and public bodies. All efforts must be made to avoid duplication of regulation and ensure that any additional regulation accords with the principles of proportionality. This will be of particular relevance to those organisations that may already have an obligation to notify which is substantially similar to what is envisaged here; |
| --- | --- |

13.

expresses some concern that the Directive could place unnecessary regulatory burdens on business and public bodies. All efforts must be made to avoid duplication of regulation and ensure that any additional regulation accords with the principles of proportionality. This will be of particular relevance to those organisations that may already have an obligation to notify which is substantially similar to what is envisaged here;

| 14. | recommends the publication of an Action Plan by the Commission to explain how the ambitious goals set out in the package will work in practice. The Action Plan will also need guidance for evaluating and measuring the effect of the Strategy, in order to ascertain whether cooperation is taking place and whether progress is being achieved; |
| --- | --- |

14.

recommends the publication of an Action Plan by the Commission to explain how the ambitious goals set out in the package will work in practice. The Action Plan will also need guidance for evaluating and measuring the effect of the Strategy, in order to ascertain whether cooperation is taking place and whether progress is being achieved;

| 15. | urges all Member States to develop national cybersecurity strategies (only ten Member States had developed a strategy by 2012) that complement the new EU Strategy. Complementarity between national strategies and the EU Strategy is important in order to ensure consistency. It is also important that EU actions complement existing structures and best practice in Member States; |
| --- | --- |

15.

urges all Member States to develop national cybersecurity strategies (only ten Member States had developed a strategy by 2012) that complement the new EU Strategy. Complementarity between national strategies and the EU Strategy is important in order to ensure consistency. It is also important that EU actions complement existing structures and best practice in Member States;

| 16. | welcomes the Commission’s forthcoming actions to develop the EU’s cybersecurity capabilities, including the launch of a pilot project to fight botnets and malware; the commitment to enhancing cooperation between national CERTs, ENISA and the new European Cybercrime Centre; the development of a network of national Cybercrime centres of excellence; and the launch of a public-private platform on NIS solutions to develop incentives for the adoption of secure ICT solutions. The Strategy’s aim to gather together all relevant parties to assess progress in 12 months’ time is also welcomed; |
| --- | --- |

16.

welcomes the Commission’s forthcoming actions to develop the EU’s cybersecurity capabilities, including the launch of a pilot project to fight botnets and malware; the commitment to enhancing cooperation between national CERTs, ENISA and the new European Cybercrime Centre; the development of a network of national Cybercrime centres of excellence; and the launch of a public-private platform on NIS solutions to develop incentives for the adoption of secure ICT solutions. The Strategy’s aim to gather together all relevant parties to assess progress in 12 months’ time is also welcomed;

| 17. | underlines that a successful cybersecurity strategy relies on the close cooperation between competent NIS authorities and law enforcement authorities. To this effect, systematically reporting incidents of a suspected serious criminal nature to law enforcement authorities is of key importance; |
| --- | --- |

17.

underlines that a successful cybersecurity strategy relies on the close cooperation between competent NIS authorities and law enforcement authorities. To this effect, systematically reporting incidents of a suspected serious criminal nature to law enforcement authorities is of key importance;

Local and regional involvement

| 18. | believes that the priorities outlined in the package strike a good balance and are appropriate. The priorities, such as protecting fundamental rights, personal data and privacy, an efficient multi-stakeholder governance and a shared responsibility to ensure security, are all domains in which the cities and regions should play a key role in their capacity of holders of public sector information; |
| --- | --- |

18.

believes that the priorities outlined in the package strike a good balance and are appropriate. The priorities, such as protecting fundamental rights, personal data and privacy, an efficient multi-stakeholder governance and a shared responsibility to ensure security, are all domains in which the cities and regions should play a key role in their capacity of holders of public sector information;

| 19. | suggests the regions should be recognised alongside the Member States as main promoters of the closer cooperation between users and producers of ICT innovations in different corners of governments and administrations, including cyber security and data protection; |
| --- | --- |

19.

suggests the regions should be recognised alongside the Member States as main promoters of the closer cooperation between users and producers of ICT innovations in different corners of governments and administrations, including cyber security and data protection;

| 20. | stresses that the new package should help improve the prevention, detection and response to cyber incidents and lead to better information sharing and coordination between Member States and the Commission against major cyber incidents. Achieving this will require genuine partnership working involving Member States, EU institutions, local and regional authorities (LRAs), the private sector and civil society; |
| --- | --- |

20.

stresses that the new package should help improve the prevention, detection and response to cyber incidents and lead to better information sharing and coordination between Member States and the Commission against major cyber incidents. Achieving this will require genuine partnership working involving Member States, EU institutions, local and regional authorities (LRAs), the private sector and civil society;

| 21. | acknowledges that countering cyber threats will require greater resources, raising awareness of the threats posed by cybercrime and the need for efficient and adequate cybersecurity. Regarding multi-level governance, a strong approach to cybersecurity must consider LRAs, who need to be fully and effectively involved in the governance of ICT-related initiatives; |
| --- | --- |

21.

acknowledges that countering cyber threats will require greater resources, raising awareness of the threats posed by cybercrime and the need for efficient and adequate cybersecurity. Regarding multi-level governance, a strong approach to cybersecurity must consider LRAs, who need to be fully and effectively involved in the governance of ICT-related initiatives;

| 22. | believes that given that breaches of security are a threat to utility services e.g. local water, energy, and given they use and own many digital information products and services, LRAs have a key role to play in tackling cybercrime, collating cyber-related data and protecting data security. An increasing amount of responsibility falls on LRAs to deliver, for example, digital services to citizens and communities and provide NIS training in schools. Governments, including those at the local and regional level, are responsible for safeguarding access and openness, respecting and protecting fundamental rights online and maintaining the reliability and interoperability of the internet; |
| --- | --- |

22.

believes that given that breaches of security are a threat to utility services e.g. local water, energy, and given they use and own many digital information products and services, LRAs have a key role to play in tackling cybercrime, collating cyber-related data and protecting data security. An increasing amount of responsibility falls on LRAs to deliver, for example, digital services to citizens and communities and provide NIS training in schools. Governments, including those at the local and regional level, are responsible for safeguarding access and openness, respecting and protecting fundamental rights online and maintaining the reliability and interoperability of the internet;

| 23. | suggests that in order to achieve better law-making, given LRAs competences and the key role they are called to play at the time of planning and implementing any measures in the fields of ICT (particularly for aspects related to privacy, data protection and cybersecurity), these authorities should be systematically consulted by the EU institutions and Member States both in the conception and implementation of measures deigned to put the European Digital Agenda into effect. Indeed it is regrettable that no particular effort was made to collect the views of LRAs in preparing the Directive proposal. The CoR has made it clear that it is ready to assist the Commission with pre-legislative consultations, as stated in the CoR-Commission Protocol of Cooperation (3); |
| --- | --- |

23.

suggests that in order to achieve better law-making, given LRAs competences and the key role they are called to play at the time of planning and implementing any measures in the fields of ICT (particularly for aspects related to privacy, data protection and cybersecurity), these authorities should be systematically consulted by the EU institutions and Member States both in the conception and implementation of measures deigned to put the European Digital Agenda into effect. Indeed it is regrettable that no particular effort was made to collect the views of LRAs in preparing the Directive proposal. The CoR has made it clear that it is ready to assist the Commission with pre-legislative consultations, as stated in the CoR-Commission Protocol of Cooperation (3);

| 24. | recommends including measures applicable to the local and regional level in Article 14, Point 1 of the Directive. These measures might include establishing a risk assessment and management process, enforcing information security policy and increasing perception of cybersecurity issues and improving digital literacy and skills; |
| --- | --- |

24.

recommends including measures applicable to the local and regional level in Article 14, Point 1 of the Directive. These measures might include establishing a risk assessment and management process, enforcing information security policy and increasing perception of cybersecurity issues and improving digital literacy and skills;

| 25. | stresses that at the sub-national level, partnerships should be encouraged and developed between all relevant actors to work on coordinated actions for cybersecurity and feed into cybersecurity actions at the national and EU level, with a view to combating e-crime and minimising its effects caused by direct financial or intellectual property theft, disruption of communications or damage to business-critical data; |
| --- | --- |

25.

stresses that at the sub-national level, partnerships should be encouraged and developed between all relevant actors to work on coordinated actions for cybersecurity and feed into cybersecurity actions at the national and EU level, with a view to combating e-crime and minimising its effects caused by direct financial or intellectual property theft, disruption of communications or damage to business-critical data;

Subsidiarity and proportionality

| 26. | notes that, on the whole, the two conditions for complying with the subsidiarity principle, necessity for EU action and added value of action at EU level, appear to be met. The proposed actions are necessary because they involve trans-national aspects that cannot be properly regulated by Member States and/or LRAs acting alone. The proposed actions are also likely to provide a clear benefit compared with isolated action at national, regional or local levels because, for example, personal data are transferred across national boundaries, both internal and external borders, at rapidly increasing rates. In addition, regulatory obligations at EU level will clearly assist with establishing a level playing field and close legislative loopholes; |
| --- | --- |

26.

notes that, on the whole, the two conditions for complying with the subsidiarity principle, necessity for EU action and added value of action at EU level, appear to be met. The proposed actions are necessary because they involve trans-national aspects that cannot be properly regulated by Member States and/or LRAs acting alone. The proposed actions are also likely to provide a clear benefit compared with isolated action at national, regional or local levels because, for example, personal data are transferred across national boundaries, both internal and external borders, at rapidly increasing rates. In addition, regulatory obligations at EU level will clearly assist with establishing a level playing field and close legislative loopholes;

| 27. | welcomes the Directive’s fundamental commitment to the principles of subsidiarity and proportionality. Given the cross-border aspects of NIS incidents and risks, the objectives outlined in the Directive can be better achieved at EU level, in line with the subsidiarity principle. Research shows that EU citizens trust institutions such as the Commission regarding the protection of personal data (4). The Directive also essentially aligns with the proportionality principle, ensuring that the proposed Directive does not go beyond what is necessary in order to achieve those objectives. However, the fact that the proposal provides for only one competent authority or national CERT per country does raise concerns with regard to the respect of the proportionality principle and of the internal governance structures of the EU Member States; |
| --- | --- |

27.

welcomes the Directive’s fundamental commitment to the principles of subsidiarity and proportionality. Given the cross-border aspects of NIS incidents and risks, the objectives outlined in the Directive can be better achieved at EU level, in line with the subsidiarity principle. Research shows that EU citizens trust institutions such as the Commission regarding the protection of personal data (4). The Directive also essentially aligns with the proportionality principle, ensuring that the proposed Directive does not go beyond what is necessary in order to achieve those objectives. However, the fact that the proposal provides for only one competent authority or national CERT per country does raise concerns with regard to the respect of the proportionality principle and of the internal governance structures of the EU Member States;

| 28. | believes that whilst the legal basis for the package is grounded in Articles 26 and 114 TFEU, the proposed actions go beyond these Articles as the proposal covers all public administration information systems, including internal information systems such as the intranet.; |
| --- | --- |

28.

believes that whilst the legal basis for the package is grounded in Articles 26 and 114 TFEU, the proposed actions go beyond these Articles as the proposal covers all public administration information systems, including internal information systems such as the intranet.;

Charter of Fundamental Rights

| 29. | welcomes the Directive’s commitment to the Charter of Fundamental Rights of the European Union. The same norms, principles and values that the EU upholds offline should also apply online. Information and communication technologies (ICTs) should include the needs of all members of society, including those risking social exclusion. All internet users should expect minimum standards across a broad range of needs, including reliability, security, transparency, simplicity, interoperability and risk and liability reduction. In the interests of effective protection for fundamental rights, legal certainty and maintenance of the parliamentary scrutiny reservation, the Committee calls for more specific substantive rules defining network and information security standards to be included in the Directive itself. This should include, in particular, requirements for network and information security in terms of fundamental rights and data protection and data security law; |
| --- | --- |

29.

welcomes the Directive’s commitment to the Charter of Fundamental Rights of the European Union. The same norms, principles and values that the EU upholds offline should also apply online. Information and communication technologies (ICTs) should include the needs of all members of society, including those risking social exclusion. All internet users should expect minimum standards across a broad range of needs, including reliability, security, transparency, simplicity, interoperability and risk and liability reduction. In the interests of effective protection for fundamental rights, legal certainty and maintenance of the parliamentary scrutiny reservation, the Committee calls for more specific substantive rules defining network and information security standards to be included in the Directive itself. This should include, in particular, requirements for network and information security in terms of fundamental rights and data protection and data security law;

| 30. | emphasises that attempts to protect and defend citizens online must have an appropriate balance with the rights, freedoms and principles granted to citizens in the Charter. The importance of framing cyber policies within EU core values is welcomed. As outlined in previous Opinions (5), It will be crucial to ensure that all security requirements at every level are met to ensure optimum levels of privacy and protection of personal data and prevent any kind of unauthorised tracking of personal information and profiling; |
| --- | --- |

30.

emphasises that attempts to protect and defend citizens online must have an appropriate balance with the rights, freedoms and principles granted to citizens in the Charter. The importance of framing cyber policies within EU core values is welcomed. As outlined in previous Opinions (5), It will be crucial to ensure that all security requirements at every level are met to ensure optimum levels of privacy and protection of personal data and prevent any kind of unauthorised tracking of personal information and profiling;

| 31. | emphasises that despite private operators becoming increasingly responsible for critical infrastructures and online services and the need to recognise the crucial role of the private sector, the State must, ultimately, have responsibility for both preserving the freedom and protecting the safety of its citizens online; |
| --- | --- |

31.

emphasises that despite private operators becoming increasingly responsible for critical infrastructures and online services and the need to recognise the crucial role of the private sector, the State must, ultimately, have responsibility for both preserving the freedom and protecting the safety of its citizens online;

Simplification

| 32. | notes that the introduction across Europe of the principle that people's details and the details of objects be registered once only, removing the need for repeated form-filling, will do a great deal to remove unnecessary red-tape for the public and help reduce public administration costs. Attention must therefore be paid to due compliance with data protection legislation; |
| --- | --- |

32.

notes that the introduction across Europe of the principle that people's details and the details of objects be registered once only, removing the need for repeated form-filling, will do a great deal to remove unnecessary red-tape for the public and help reduce public administration costs. Attention must therefore be paid to due compliance with data protection legislation;

Training

| 33. | highlights that effective cyber defences require training and up-skilling personnel, including those in LRAs. Extensive training should be provided for all staff, particularly specialist technicians, staff working directly with security procedures involving different methodologies and staff generally or indirectly involved in innovation and modernisation drives on trust and security related issues. Continuous training is important for the success of local e-Government, whilst LRAs also play an increasingly important role in providing information and guidance to citizens to properly use systems and recognise cyber threats (6); |
| --- | --- |

33.

highlights that effective cyber defences require training and up-skilling personnel, including those in LRAs. Extensive training should be provided for all staff, particularly specialist technicians, staff working directly with security procedures involving different methodologies and staff generally or indirectly involved in innovation and modernisation drives on trust and security related issues. Continuous training is important for the success of local e-Government, whilst LRAs also play an increasingly important role in providing information and guidance to citizens to properly use systems and recognise cyber threats (6);

| 34. | notes that management involvement is critically important to success. For this reason, targeted training of executive and management groups is also needed with the aim of giving them knowledge and a good basis for developing a culture of safety in their respective organisations; |
| --- | --- |

34.

notes that management involvement is critically important to success. For this reason, targeted training of executive and management groups is also needed with the aim of giving them knowledge and a good basis for developing a culture of safety in their respective organisations;

| 35. | notes the improvement in education and training through the introduction of NIS training and establishing a cybersecurity championship in 2014. This should take account of established events held in Member States and encourage the exchange of best practices. Welcomes the ambition through the Strategy to introduce NIS training in schools; however, given that education is a Member State competence, suggests that achieving this by 2014 will require significant resources and planning; |
| --- | --- |

35.

notes the improvement in education and training through the introduction of NIS training and establishing a cybersecurity championship in 2014. This should take account of established events held in Member States and encourage the exchange of best practices. Welcomes the ambition through the Strategy to introduce NIS training in schools; however, given that education is a Member State competence, suggests that achieving this by 2014 will require significant resources and planning;

Supporting enterprises, innovation and technical solutions

| 36. | draws attention to the fact that providing privacy protection depends on certain factors, including the structuring of public sector bodies (the majority of which are at local level), the convergence of EU legislation, the fostering of an innovative culture among public authority officials, including through the use of a common code of ethics, and among citizens, through defining and raising awareness of their digital consumer rights, and the management of ICT-based applications; |
| --- | --- |

36.

draws attention to the fact that providing privacy protection depends on certain factors, including the structuring of public sector bodies (the majority of which are at local level), the convergence of EU legislation, the fostering of an innovative culture among public authority officials, including through the use of a common code of ethics, and among citizens, through defining and raising awareness of their digital consumer rights, and the management of ICT-based applications;

| 37. | maintains that further activities should be aimed at stimulating and encouraging the development and application of technical solutions for dealing with illegal content and harmful conduct online, as well as at promoting cooperation and exchange of best practice among a wide range of stakeholders at local, regional, European and international level. In this regard, of utmost importance are the help-lines for children, parents and carers, hotlines for reporting abuse, software that allows better identification of abusive content and easy and fast reporting; |
| --- | --- |

37.

maintains that further activities should be aimed at stimulating and encouraging the development and application of technical solutions for dealing with illegal content and harmful conduct online, as well as at promoting cooperation and exchange of best practice among a wide range of stakeholders at local, regional, European and international level. In this regard, of utmost importance are the help-lines for children, parents and carers, hotlines for reporting abuse, software that allows better identification of abusive content and easy and fast reporting;

| 38. | recommends that every effort must be made to increase the small percentage of enterprises in the EU (26% by January 2012) who have a formally defined ICT security policy (7). Enterprises of all sizes must be encouraged to invest in cybersecurity, which can be used as a marketing tool towards prospective clients and mitigate the catastrophic effects of cybercrime in the process. Enterprises should consider a business-driven approach to cybersecurity supported by technology, prioritising their most critical business assets or processes; |
| --- | --- |

38.

recommends that every effort must be made to increase the small percentage of enterprises in the EU (26% by January 2012) who have a formally defined ICT security policy (7). Enterprises of all sizes must be encouraged to invest in cybersecurity, which can be used as a marketing tool towards prospective clients and mitigate the catastrophic effects of cybercrime in the process. Enterprises should consider a business-driven approach to cybersecurity supported by technology, prioritising their most critical business assets or processes;

Economic potential of ICTs

| 39. | stresses that considering the huge economic potential of ICTs to the European economy (currently almost 6% of the EU GDP (8)), concrete steps are needed now to tackle the growing phenomenon of cybercrime and restore confidence in internet security from both citizens and companies (reducing the number of EU internet users who are concerned about the safety of, for example, online payments (9), in the process); |
| --- | --- |

39.

stresses that considering the huge economic potential of ICTs to the European economy (currently almost 6% of the EU GDP (8)), concrete steps are needed now to tackle the growing phenomenon of cybercrime and restore confidence in internet security from both citizens and companies (reducing the number of EU internet users who are concerned about the safety of, for example, online payments (9), in the process);

| 40. | maintains that in order to reduce the huge amounts of funds lost to cybercrime and boost consumer confidence, urgent efforts are needed at the local/regional, national and EU level to counter cybercrime; |
| --- | --- |

40.

maintains that in order to reduce the huge amounts of funds lost to cybercrime and boost consumer confidence, urgent efforts are needed at the local/regional, national and EU level to counter cybercrime;

| 41. | suggests that the Strategy would benefit from further details on how to protect and develop cloud computing, which has huge economic potential. The rapid growth in the use of mobile electronic devices shows no sign of slowing. Gartner reports that by 2016 at least 50% of enterprise email users will rely on a mobile client (10). New problems and opportunities created by mobile electronic devices and cloud computing must be examined. Furthermore, cloud computing needs an appropriate architecture to achieve optimum security levels (11). In fact, the Committee has expressed its concern over the fact that the recent European Commission communication on cloud computing does not go into enough depth into links between the proposed strategy and other issues, such as secure data processing, copyright law as well as the development of data accessibility and portability (12); |
| --- | --- |

41.

suggests that the Strategy would benefit from further details on how to protect and develop cloud computing, which has huge economic potential. The rapid growth in the use of mobile electronic devices shows no sign of slowing. Gartner reports that by 2016 at least 50% of enterprise email users will rely on a mobile client (10). New problems and opportunities created by mobile electronic devices and cloud computing must be examined. Furthermore, cloud computing needs an appropriate architecture to achieve optimum security levels (11). In fact, the Committee has expressed its concern over the fact that the recent European Commission communication on cloud computing does not go into enough depth into links between the proposed strategy and other issues, such as secure data processing, copyright law as well as the development of data accessibility and portability (12);

International cooperation

| 42. | believes that given the global, inter-connected and cross-border threat posed by cybercrime, international cooperation and dialogue beyond EU borders is also encouraged in order to ensure a truly global, coordinated approach to cybersecurity. In this respect, all States must be encouraged to commit themselves to the International Convention on Cybercrime (Budapest Convention) (13).Continued cooperation at bilateral level, particularly with the US, and at multilateral level with a range of international organisations, is also important; |
| --- | --- |

42.

believes that given the global, inter-connected and cross-border threat posed by cybercrime, international cooperation and dialogue beyond EU borders is also encouraged in order to ensure a truly global, coordinated approach to cybersecurity. In this respect, all States must be encouraged to commit themselves to the International Convention on Cybercrime (Budapest Convention) (13).Continued cooperation at bilateral level, particularly with the US, and at multilateral level with a range of international organisations, is also important;

Links with EU Funding Programmes and Budgetary Framework

| 43. | emphasises the importance of improving coordination with existing and future funding instruments, such as Horizon 2020, European Framework Cooperation, and the Internal Security Fund, in order to ensure a more coordinated approach towards cyber-related investments; |
| --- | --- |

43.

emphasises the importance of improving coordination with existing and future funding instruments, such as Horizon 2020, European Framework Cooperation, and the Internal Security Fund, in order to ensure a more coordinated approach towards cyber-related investments;

| 44. | queries whether the budget allocation of EUR 1.25 million will be sufficient to provide a robust and adequate NIS infrastructure, and expresses disappointment over the reduced financial allocation for the Connecting Europe Facility in the 8 February Council agreement on the Multi-Annual Financial Framework 2014-2020. A robust and enlarged budget is needed to provide financial support for key ICT infrastructure, linking up Member States' NIS capabilities and therefore easing cooperation across the EU. |
| --- | --- |

44.

queries whether the budget allocation of EUR 1.25 million will be sufficient to provide a robust and adequate NIS infrastructure, and expresses disappointment over the reduced financial allocation for the Connecting Europe Facility in the 8 February Council agreement on the Multi-Annual Financial Framework 2014-2020. A robust and enlarged budget is needed to provide financial support for key ICT infrastructure, linking up Member States' NIS capabilities and therefore easing cooperation across the EU.

II.   RECOMMENDATIONS FOR AMENDMENTS

Amendment 1

Preamble (4)

| Text proposed by the Commission | CoR amendment |
| --- | --- |
| A cooperation mechanism should be established at Union level to allow for information exchange and coordinated detection and response regarding network and information security ("NIS"). For that mechanism to be effective and inclusive, it is essential that all Member States have minimum capabilities and a strategy ensuring a high level of NIS in their territory. Minimum security requirements should also apply to public administrations and operators of critical information infrastructure to promote a culture of risk management and ensure that the most serious incidents are reported. | A cooperation mechanism should be established at Union level to allow for information exchange and coordinated detection and response regarding network and information security ("NIS"). For that mechanism to be effective and inclusive, it is essential that all Member States have minimum capabilities and a strategy ensuring a high level of NIS in their territory. Minimum security requirements should also apply to public administrations,
  including local and regional authorities
  , and operators of critical information infrastructure to promote a culture of risk management and ensure that the most serious incidents are reported. |

Text proposed by the Commission

CoR amendment

A cooperation mechanism should be established at Union level to allow for information exchange and coordinated detection and response regarding network and information security ("NIS"). For that mechanism to be effective and inclusive, it is essential that all Member States have minimum capabilities and a strategy ensuring a high level of NIS in their territory. Minimum security requirements should also apply to public administrations and operators of critical information infrastructure to promote a culture of risk management and ensure that the most serious incidents are reported.

A cooperation mechanism should be established at Union level to allow for information exchange and coordinated detection and response regarding network and information security ("NIS"). For that mechanism to be effective and inclusive, it is essential that all Member States have minimum capabilities and a strategy ensuring a high level of NIS in their territory. Minimum security requirements should also apply to public administrations,
  including local and regional authorities
  , and operators of critical information infrastructure to promote a culture of risk management and ensure that the most serious incidents are reported.

Amendment 2

Preamble (9)

| Text proposed by the Commission | CoR amendment |
| --- | --- |
| To achieve and maintain a common high level of security of network and information systems, each Member State should have a national NIS strategy defining the strategic objectives and concrete policy actions to be implemented. NIS cooperation plans complying with essential requirements need to be developed at national level in order to reach capacity response levels allowing for effective and efficient cooperation at national and Union level in case of incidents. | To achieve and maintain a common high level of security of network and information systems, each Member State should have a national NIS strategy defining the strategic objectives and concrete policy actions to be implemented. NIS cooperation plans complying with essential requirements need to be developed at national level,
  with the full involvement of local and regional authorities
  , in order to reach capacity response levels allowing for effective and efficient cooperation at national and Union level in case of incidents. |

Text proposed by the Commission

CoR amendment

To achieve and maintain a common high level of security of network and information systems, each Member State should have a national NIS strategy defining the strategic objectives and concrete policy actions to be implemented. NIS cooperation plans complying with essential requirements need to be developed at national level in order to reach capacity response levels allowing for effective and efficient cooperation at national and Union level in case of incidents.

To achieve and maintain a common high level of security of network and information systems, each Member State should have a national NIS strategy defining the strategic objectives and concrete policy actions to be implemented. NIS cooperation plans complying with essential requirements need to be developed at national level,
  with the full involvement of local and regional authorities
  , in order to reach capacity response levels allowing for effective and efficient cooperation at national and Union level in case of incidents.

Amendment 3

Preamble (35)

| Text proposed by the Commission | CoR amendment |
| --- | --- |
| It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level. The Commission, when preparing and drawing up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and to the Council. | It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level. The Commission, when preparing and drawing up delegated acts,
  with a view to supplementing or amending certain non-essential elements of the basic act
  , should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and to the Council. |

Text proposed by the Commission

CoR amendment

It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level. The Commission, when preparing and drawing up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and to the Council.

It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level. The Commission, when preparing and drawing up delegated acts,
  with a view to supplementing or amending certain non-essential elements of the basic act
  , should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and to the Council.

Amendment 4

Chapter 4

Article 14(1)

| Text proposed by the Commission | CoR amendment |
| --- | --- |
| Security requirements and incident notification

  1.   Member States shall ensure that public administrations and market operators take appropriate technical and organisational measures to manage the risks posed to the security of the networks and information systems which they control and use in their operations. Having regard to the state of the art, these measures shall guarantee a level of security appropriate to the risk presented. In particular, measures shall be taken to prevent and minimise the impact of incidents affecting their network and information system on the core services they provide and thus ensure the continuity of the services underpinned by those networks and information systems. | Security requirements and incident notification

  1.   
  The
  Member States shall ensure that public administrations and market operators take appropriate technical and organisational measures to manage the risks posed to the security of the networks and information systems which they control and use in their operations.
  These measures might include, on the local and regional level, establishing a risk assessment and management process, enforcing information security policy and increasing perception of cybersecurity issues and improving digital literacy and skills
  . Having regard to the state of the art, these measures shall guarantee a level of security appropriate to the risk presented. In particular, measures shall be taken to prevent and minimise the impact of incidents affecting their network and information system on the core services they provide and thus ensure the continuity of the services underpinned by those networks and information systems. |

Text proposed by the Commission

CoR amendment

Security requirements and incident notification

1.   Member States shall ensure that public administrations and market operators take appropriate technical and organisational measures to manage the risks posed to the security of the networks and information systems which they control and use in their operations. Having regard to the state of the art, these measures shall guarantee a level of security appropriate to the risk presented. In particular, measures shall be taken to prevent and minimise the impact of incidents affecting their network and information system on the core services they provide and thus ensure the continuity of the services underpinned by those networks and information systems.

Security requirements and incident notification

1.   
  The
  Member States shall ensure that public administrations and market operators take appropriate technical and organisational measures to manage the risks posed to the security of the networks and information systems which they control and use in their operations.
  These measures might include, on the local and regional level, establishing a risk assessment and management process, enforcing information security policy and increasing perception of cybersecurity issues and improving digital literacy and skills
  . Having regard to the state of the art, these measures shall guarantee a level of security appropriate to the risk presented. In particular, measures shall be taken to prevent and minimise the impact of incidents affecting their network and information system on the core services they provide and thus ensure the continuity of the services underpinned by those networks and information systems.

Reason

The role of LRAs in the fight against cybercrime is crucial and needs to be fully acknowledged.

Amendment 5

Chapter 4

Article 16

| Text proposed by the Commission | CoR amendment |
| --- | --- |
| Standardisation

  1.   To ensure convergent implementation of Article 14(1), Member States shall encourage the use of standards and/or specifications relevant to networks and information security.
  2.   The Commission shall draw up, by means of implementing acts a list of the standards referred to in paragraph 1. The list shall be published in the Official Journal of the European Union. | Standardisation

  1.   To ensure convergent implementation of Article 14(1), Member States shall encourage the use of
  harmonised
  standards and/or specifications relevant to networks and information security.
  2.   The Commission shall draw up, by means of implementing acts, a list of the standards referred to in paragraph 1. The list shall be published in the Official Journal of the European Union. |

Text proposed by the Commission

CoR amendment

Standardisation

1.   To ensure convergent implementation of Article 14(1), Member States shall encourage the use of standards and/or specifications relevant to networks and information security.

2.   The Commission shall draw up, by means of implementing acts a list of the standards referred to in paragraph 1. The list shall be published in the Official Journal of the European Union.

Standardisation

1.   To ensure convergent implementation of Article 14(1), Member States shall encourage the use of
  harmonised
  standards and/or specifications relevant to networks and information security.

2.   The Commission shall draw up, by means of implementing acts, a list of the standards referred to in paragraph 1. The list shall be published in the Official Journal of the European Union.

Reason

The European Commission acknowledges that the application of divergent standards by different Member States is a big challenge. Therefore, the harmonisation of standards is essential in order to ensure a common level of network and information security across the EU.

Brussels, 3 July 2013.

The President of the Committee of the Regions

Ramón Luis VALCÁRCEL SISO

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(1)  COM(2010) 245, http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=COM:2010:0245:FIN:EN:HTML

1

(2)  COM(2010) 517, http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=M:2010:0517:FIN:EN:PDF

2

(3)  Protocol on the cooperation between the European Commission and the Committee of the Regions signed on 16 February 2012, R/CdR39/2012 item 7.

3

(4)  http://ec.europa.eu/public_opinion/archives/ebs/ebs_359_en.pdf

4

(5)  CdR 104/2010 fin.

5

(6)  http://www.enisa.europa.eu/publications/archive/scandinavian-approaches-survey

6

(7)  http://epp.eurostat.ec.europa.eu/statistics_explained/index.php/ICT_security_in_enterprises

7

(8)  http://europa.eu/rapid/press-release_MEMO-13-71_en.htm

8

(9)  http://ec.europa.eu/public_opinion/archives/ebs/ebs_390_en.pdf

9

(10)  http://www.sophos.com/medialibrary/PDFs/other/SophosSecurityThreatReport2012.pdf

10

(11)  http://www.mcafee.com/hk/resources/reports/rp-sda-cyber-security.pdf

11

(12)  CdR 1673/2012.

12

(13)  http://conventions.coe.int/Treaty/Commun/ChercheSig.asp?NT=185&CM=&DF=&CL=ENG

13

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| 27.9.2013 | EN | Official Journal of the European Union | C 280/27 |
| --- | --- | --- | --- |

27.9.2013

EN

Official Journal of the European Union

C 280/27

---

Opinion of the Committee of the Regions on ‘Smart Cities and Communities — European Innovation Partnership’

2013/C 280/06

THE COMMITTEE OF THE REGIONS

| — | stresses that local authorities are not just facilitators for or customers of industry, but that their fundamental role as leaders and innovators also needs to be recognised; |
| --- | --- |

—

stresses that local authorities are not just facilitators for or customers of industry, but that their fundamental role as leaders and innovators also needs to be recognised;

| — | underlines that the industry-led approach envisaged by the Commission must be founded on well-defined citizen needs for which there is real evidence. Local authorities play a decisive role in identifying and highlighting the needs and expectations of local public and private stakeholders, such as business, academia, civil society and local residents. This critical relationship includes, consultations and effective mechanisms for local involvement, and should be given a prominent place; |
| --- | --- |

—

underlines that the industry-led approach envisaged by the Commission must be founded on well-defined citizen needs for which there is real evidence. Local authorities play a decisive role in identifying and highlighting the needs and expectations of local public and private stakeholders, such as business, academia, civil society and local residents. This critical relationship includes, consultations and effective mechanisms for local involvement, and should be given a prominent place;

| — | feels that the Commission needs to clarify the conditions for identifying and selecting ground-breaking innovative solutions and ensure that the process is open, transparent and preferably linked to a specific tender procedure, and that sufficient funding is made available; |
| --- | --- |

—

feels that the Commission needs to clarify the conditions for identifying and selecting ground-breaking innovative solutions and ensure that the process is open, transparent and preferably linked to a specific tender procedure, and that sufficient funding is made available;

| — | recommends that the Commission produce a user-friendly guide identifying all the European programmes and initiatives that provide funding for innovative projects that could be developed within the SCC framework, including initiatives such as the Green Digital Charter, the Covenant of Mayors, Civitas, Concerto, etc. as an informative overview of all programmes connected with smart cities and communities; |
| --- | --- |

—

recommends that the Commission produce a user-friendly guide identifying all the European programmes and initiatives that provide funding for innovative projects that could be developed within the SCC framework, including initiatives such as the Green Digital Charter, the Covenant of Mayors, Civitas, Concerto, etc. as an informative overview of all programmes connected with smart cities and communities;

| — | would particularly like to stress that a key element in work on the SCC will be developing smart grids. |
| --- | --- |

—

would particularly like to stress that a key element in work on the SCC will be developing smart grids.

| Rapporteur | Ilmar REEPALU (SE/PES), Member of Malmö Municipal Council |
| --- | --- |
| Reference document | Communication from the Commission on Smart Cities and Communities – European Innovation Partnership

  C(2012) 4701 final |

Rapporteur

Ilmar REEPALU (SE/PES), Member of Malmö Municipal Council

Reference document

Communication from the Commission on Smart Cities and Communities – European Innovation Partnership

C(2012) 4701 final

I.   POLICY RECOMMENDATIONS

THE COMMITTEE OF THE REGIONS

General comments

| 1. | notes that the Commission is taking the initiative, in its communication on Smart Cities and Communities – European Innovation Partnership, of launching a European innovation partnership to pool resources with a view to developing and disseminating, in urban areas, innovative technical solutions based on integrating energy, transport and information and communications technologies; |
| --- | --- |

1.

notes that the Commission is taking the initiative, in its communication on Smart Cities and Communities – European Innovation Partnership, of launching a European innovation partnership to pool resources with a view to developing and disseminating, in urban areas, innovative technical solutions based on integrating energy, transport and information and communications technologies;

| 2. | shares the Commission's view that developing the EU's cities into smart and sustainable environments – in social, economic and environmental terms – is one of the Union's biggest challenges. The CoR has a number of times emphasised the importance of effective measures and changes to support and develop efforts to create a sustainable society, which will entail an improvement in the urban environment, public health, and social wellbeing. At the same time, the Committee would stress that cities have close links, both economically, socially and environmentally, with their hinterlands and with rural areas, and that these links have an important role to play in the balanced and sustainable development of both urban and rural areas, as rural areas suffer air and water pollution coming from cities; |
| --- | --- |

2.

shares the Commission's view that developing the EU's cities into smart and sustainable environments – in social, economic and environmental terms – is one of the Union's biggest challenges. The CoR has a number of times emphasised the importance of effective measures and changes to support and develop efforts to create a sustainable society, which will entail an improvement in the urban environment, public health, and social wellbeing. At the same time, the Committee would stress that cities have close links, both economically, socially and environmentally, with their hinterlands and with rural areas, and that these links have an important role to play in the balanced and sustainable development of both urban and rural areas, as rural areas suffer air and water pollution coming from cities;

| 3. | welcomes the Commission's initiative of launching an innovation partnership. It is encouraging that the Commission is using this initiative to highlight and acknowledge the vital role of cities and local authorities in the efforts of the EU as a whole to generate smart, sustainable and socially inclusive growth. It is important to stress that in many cases it is cities that are spearheading efforts to develop a sustainable society; these positive developments and the cities' high degree of ambition should be supported and encouraged in the EU's own work; |
| --- | --- |

3.

welcomes the Commission's initiative of launching an innovation partnership. It is encouraging that the Commission is using this initiative to highlight and acknowledge the vital role of cities and local authorities in the efforts of the EU as a whole to generate smart, sustainable and socially inclusive growth. It is important to stress that in many cases it is cities that are spearheading efforts to develop a sustainable society; these positive developments and the cities' high degree of ambition should be supported and encouraged in the EU's own work;

| 4. | feels that one of the prerequisites for creating smart cities is application of the principles of systems integration and interoperability. The Committee therefore supports the Commission's use of integrated systemic solutions, and is convinced that such integrated solutions will deliver significant added value over sector-specific approaches. In other contexts, sector-specific projects and solutions may provide effective complementary measures and solutions; |
| --- | --- |

4.

feels that one of the prerequisites for creating smart cities is application of the principles of systems integration and interoperability. The Committee therefore supports the Commission's use of integrated systemic solutions, and is convinced that such integrated solutions will deliver significant added value over sector-specific approaches. In other contexts, sector-specific projects and solutions may provide effective complementary measures and solutions;

| 5. | would point out that the relative weight and importance of the three technology sectors covered by the Smart Cities and Communities partnership (SCC) may vary depending on how far the aim of a project is to develop innovative systemic solutions to meet identified needs. The CoR also feels that it should be possible to include other areas that contribute to sustainable urban development – such as water, waste and air, strategic planning, and service innovations that stimulate people to use and develop new solutions – when developing and implementing projects and solutions, if they help to provide added value in terms of growth; |
| --- | --- |

5.

would point out that the relative weight and importance of the three technology sectors covered by the Smart Cities and Communities partnership (SCC) may vary depending on how far the aim of a project is to develop innovative systemic solutions to meet identified needs. The CoR also feels that it should be possible to include other areas that contribute to sustainable urban development – such as water, waste and air, strategic planning, and service innovations that stimulate people to use and develop new solutions – when developing and implementing projects and solutions, if they help to provide added value in terms of growth;

| 6. | notes that the Commission proposes that the partnership should be led by industry in cooperation with cities. The initiative is therefore expected to facilitate market entry for ground-breaking innovative solutions based on integrating energy and transport technologies, assisted by information and communications technologies; |
| --- | --- |

6.

notes that the Commission proposes that the partnership should be led by industry in cooperation with cities. The initiative is therefore expected to facilitate market entry for ground-breaking innovative solutions based on integrating energy and transport technologies, assisted by information and communications technologies;

| 7. | in this connection, wishes to highlight the central, and often decisive, role of local authorities in future work. Local authorities – both individually and in groups, and of any population size – must be given a central role in the strategies (e.g. the Strategic Implementation Plan) and projects developed and adopted within the SCC framework, and they should have the lead role in any decision involving local public resources; |
| --- | --- |

7.

in this connection, wishes to highlight the central, and often decisive, role of local authorities in future work. Local authorities – both individually and in groups, and of any population size – must be given a central role in the strategies (e.g. the Strategic Implementation Plan) and projects developed and adopted within the SCC framework, and they should have the lead role in any decision involving local public resources;

| 8. | stresses that local authorities are not just facilitators for or customers of industry, but that their fundamental role as leaders and innovators also needs to be recognised; |
| --- | --- |

8.

stresses that local authorities are not just facilitators for or customers of industry, but that their fundamental role as leaders and innovators also needs to be recognised;

| 9. | underlines that the industry-led approach envisaged by the Commission must be founded on well-defined citizen needs for which there is real evidence. Local authorities are the closest level to the public, and play a decisive role in identifying and highlighting the needs and expectations of local public and private stakeholders, such as business, academia, civil society and local residents. This critical relationship includes, for example, consultations and effective mechanisms for local involvement, and should be given a prominent place in this work. Such a system will promote solutions based on unique and specific demand from local authorities, local stakeholders and residents, and help to ensure that these solutions provide added value as an alternative to each sector developing its own solutions that risk being suboptimal; |
| --- | --- |

9.

underlines that the industry-led approach envisaged by the Commission must be founded on well-defined citizen needs for which there is real evidence. Local authorities are the closest level to the public, and play a decisive role in identifying and highlighting the needs and expectations of local public and private stakeholders, such as business, academia, civil society and local residents. This critical relationship includes, for example, consultations and effective mechanisms for local involvement, and should be given a prominent place in this work. Such a system will promote solutions based on unique and specific demand from local authorities, local stakeholders and residents, and help to ensure that these solutions provide added value as an alternative to each sector developing its own solutions that risk being suboptimal;

| 10. | welcomes the Commission's long-term goal for the SCC of developing and disseminating at least 20 ground-breaking innovative solutions that combine energy, transport and ICTs by 2020. The Committee would stress in this connection that it is vital to provide ample scope for innovative solutions to be replicated, adapted and implemented in a number of EU cities, and it appreciates the Commission's emphasis on the need for demand-side measures such as developing new business models. To achieve this, the Committee urges the Commission to require that one criterion for selecting projects be that the proposal demonstrate a strong link between the innovative groundbreaking solution and implementation and dissemination of results for application in regions and municipalities in different parts of Europe. Projects should prioritise fruitful synergies based on interconnections between actors as well as development and funding instruments. At the same time, cities should be helped to reduce their environmental impact by developing solutions which, through intensive use of ICTs, improve urban energy efficiency, promote the use of renewable energy sources and facilitate mobility, bringing a significant reduction in emissions of CO2 and other pollutant gases, as part of a sustainable urban model; |
| --- | --- |

10.

welcomes the Commission's long-term goal for the SCC of developing and disseminating at least 20 ground-breaking innovative solutions that combine energy, transport and ICTs by 2020. The Committee would stress in this connection that it is vital to provide ample scope for innovative solutions to be replicated, adapted and implemented in a number of EU cities, and it appreciates the Commission's emphasis on the need for demand-side measures such as developing new business models. To achieve this, the Committee urges the Commission to require that one criterion for selecting projects be that the proposal demonstrate a strong link between the innovative groundbreaking solution and implementation and dissemination of results for application in regions and municipalities in different parts of Europe. Projects should prioritise fruitful synergies based on interconnections between actors as well as development and funding instruments. At the same time, cities should be helped to reduce their environmental impact by developing solutions which, through intensive use of ICTs, improve urban energy efficiency, promote the use of renewable energy sources and facilitate mobility, bringing a significant reduction in emissions of CO2 and other pollutant gases, as part of a sustainable urban model;

| 11. | In addition to citizen involvement and consultation a key success factor for SCC is to undertake genuine community planning arrangements so that decisions are taken with the local authority involving all the concerned national or regional agencies, the voluntary sector and businesses operating in the local areas, highlighting the crucial role of energy services companies (ESCOs) when directly concerned with SCC purposes; |
| --- | --- |

11.

In addition to citizen involvement and consultation a key success factor for SCC is to undertake genuine community planning arrangements so that decisions are taken with the local authority involving all the concerned national or regional agencies, the voluntary sector and businesses operating in the local areas, highlighting the crucial role of energy services companies (ESCOs) when directly concerned with SCC purposes;

| 12. | feels that the Commission needs to clarify the conditions for identifying and selecting ground-breaking innovative solutions. The Commission should ensure that the process is open, transparent and preferably linked to a specific tender procedure, and that sufficient funding is made available; |
| --- | --- |

12.

feels that the Commission needs to clarify the conditions for identifying and selecting ground-breaking innovative solutions. The Commission should ensure that the process is open, transparent and preferably linked to a specific tender procedure, and that sufficient funding is made available;

| 13. | highlights the diversity of the EU's urban fabric. Some regions have a polycentric city structure, while others have one dominant city with a number of smaller adjacent towns. Regardless of their size, cities are centres for e.g. public and private services, as well as for knowledge creation, innovation and entrepreneurship; there are exceptional cases of regions with profound demographic and territorial imbalances, in which there is no network of cities to speak of. In such cases there may be local authorities comprising a number of communities that can be incorporated into the SCC partnership; |
| --- | --- |

13.

highlights the diversity of the EU's urban fabric. Some regions have a polycentric city structure, while others have one dominant city with a number of smaller adjacent towns. Regardless of their size, cities are centres for e.g. public and private services, as well as for knowledge creation, innovation and entrepreneurship; there are exceptional cases of regions with profound demographic and territorial imbalances, in which there is no network of cities to speak of. In such cases there may be local authorities comprising a number of communities that can be incorporated into the SCC partnership;

| 14. | notes that, regardless of their size, cities are often confronted with similar challenges and need similar solutions for creating sustainable environments; believes that SCC partnerships should reflect this aspect and that, at the same time, it is important to develop innovative solutions that deliver economies of scale and have a real impact on cities and their residents; |
| --- | --- |

14.

notes that, regardless of their size, cities are often confronted with similar challenges and need similar solutions for creating sustainable environments; believes that SCC partnerships should reflect this aspect and that, at the same time, it is important to develop innovative solutions that deliver economies of scale and have a real impact on cities and their residents;

| 15. | wishes to recall that the inclusion of the term “and Communities” into the SCC name is precisely to highlight that the notion of cities or urban areas is a very fluid one in Europe. There are many cases in a significant number of Member States where Local Authorities are not designated cities but are by design so much larger and have much more significant resources and capacity than other municipalities commonly understood as cities in legal or geographic terms. Equally in many cases groups of local authorities can and do pool resources in common on a scale and scope that is more significant than cities; in such cases, which can also include metropolitan areas or urban agglomerations, the role of regional authorities can be crucial in coordinating and promoting integrated policies; |
| --- | --- |

15.

wishes to recall that the inclusion of the term “and Communities” into the SCC name is precisely to highlight that the notion of cities or urban areas is a very fluid one in Europe. There are many cases in a significant number of Member States where Local Authorities are not designated cities but are by design so much larger and have much more significant resources and capacity than other municipalities commonly understood as cities in legal or geographic terms. Equally in many cases groups of local authorities can and do pool resources in common on a scale and scope that is more significant than cities; in such cases, which can also include metropolitan areas or urban agglomerations, the role of regional authorities can be crucial in coordinating and promoting integrated policies;

Implementation of Smart Cities and Communities

| 16. | welcomes the fact that the Seventh R&D Framework Programme for 2013 is designed such that additional resources are allocated to projects in line with the SCC; |
| --- | --- |

16.

welcomes the fact that the Seventh R&D Framework Programme for 2013 is designed such that additional resources are allocated to projects in line with the SCC;

| 17. | considers it to be essential for sufficient resources to be earmarked at EU level as part of the forthcoming Horizon 2020, so that the SCC can contribute to the objectives set by the Commission; |
| --- | --- |

17.

considers it to be essential for sufficient resources to be earmarked at EU level as part of the forthcoming Horizon 2020, so that the SCC can contribute to the objectives set by the Commission;

| 18. | stresses that the implementation of the SCC must not lead to reductions in funding from other programmes that support local authorities' efforts to create smart cities and communities, particularly as those programmes have proved very successful at local level. It would also be good for the Commission to specify the thematic areas and funding allocated under Horizon 2020; |
| --- | --- |

18.

stresses that the implementation of the SCC must not lead to reductions in funding from other programmes that support local authorities' efforts to create smart cities and communities, particularly as those programmes have proved very successful at local level. It would also be good for the Commission to specify the thematic areas and funding allocated under Horizon 2020;

| 19. | notes that regional policy and the structural funds have had a positive impact on the implementation of strategies for smart cities and could play a key role in the development of the SCC. The proposals for refocusing cohesion policy from 2014 contain a clear urban dimension, including the earmarking of funding specifically for sustainable urban development within the regional fund. It is worth clarifying how this funding can contribute to the realisation of smart cities, in order to create synergies and help develop an integrated approach to urban development issues that also takes due account of the surrounding rural area; |
| --- | --- |

19.

notes that regional policy and the structural funds have had a positive impact on the implementation of strategies for smart cities and could play a key role in the development of the SCC. The proposals for refocusing cohesion policy from 2014 contain a clear urban dimension, including the earmarking of funding specifically for sustainable urban development within the regional fund. It is worth clarifying how this funding can contribute to the realisation of smart cities, in order to create synergies and help develop an integrated approach to urban development issues that also takes due account of the surrounding rural area;

| 20. | recommends that the Commission produce a user-friendly guide identifying all the European programmes and initiatives that provide funding for innovative projects that could be developed within the SCC framework, including initiatives such as the Green Digital Charter, the Covenant of Mayors, Civitas, Concerto, etc. A guide of this kind would be very valuable for local authorities, industry and others, as it would give an informative overview of all programmes connected with smart cities and communities; it could, for example, be published on the homepage for the stakeholder platform; |
| --- | --- |

20.

recommends that the Commission produce a user-friendly guide identifying all the European programmes and initiatives that provide funding for innovative projects that could be developed within the SCC framework, including initiatives such as the Green Digital Charter, the Covenant of Mayors, Civitas, Concerto, etc. A guide of this kind would be very valuable for local authorities, industry and others, as it would give an informative overview of all programmes connected with smart cities and communities; it could, for example, be published on the homepage for the stakeholder platform;

| 21. | stresses the importance of an integrated approach to the EU financial support for SCC and other sources of EU funding such as the European Structural Fund for Investment, Connecting Europe Facility and LIFE 2014-2020 in particular so that there is a clear continuity of support for SCC development avoiding unnecessary inconsistencies overlaps and duplication; |
| --- | --- |

21.

stresses the importance of an integrated approach to the EU financial support for SCC and other sources of EU funding such as the European Structural Fund for Investment, Connecting Europe Facility and LIFE 2014-2020 in particular so that there is a clear continuity of support for SCC development avoiding unnecessary inconsistencies overlaps and duplication;

| 22. | welcomes the Commission's recommendation that Member States should earmark funds to promote efforts to develop and disseminate innovative solutions as part of the SCC; |
| --- | --- |

22.

welcomes the Commission's recommendation that Member States should earmark funds to promote efforts to develop and disseminate innovative solutions as part of the SCC;

| 23. | notes that lighthouse projects are an important element of the SCC; they comprise strategic partnerships between innovation-driven companies from the three sectors and strong local leaders and authorities; |
| --- | --- |

23.

notes that lighthouse projects are an important element of the SCC; they comprise strategic partnerships between innovation-driven companies from the three sectors and strong local leaders and authorities;

| 24. | points out in this connection that industry and cities have different roles and perspectives. A key task for industry is to develop technical specifications and solutions that can be replicated and disseminated to other cities. Local authorities, together with their residents, can bear primary responsibility for identifying and communicating specific local needs and areas where technical solutions need to be developed to meet those needs. It is therefore very important for the design and management of projects to be based on needs and demand, considering added value in terms of technology and innovation; |
| --- | --- |

24.

points out in this connection that industry and cities have different roles and perspectives. A key task for industry is to develop technical specifications and solutions that can be replicated and disseminated to other cities. Local authorities, together with their residents, can bear primary responsibility for identifying and communicating specific local needs and areas where technical solutions need to be developed to meet those needs. It is therefore very important for the design and management of projects to be based on needs and demand, considering added value in terms of technology and innovation;

| 25. | sees lighthouse projects as a key ingredient of the SCC; given that local authorities are in the best position to determine cities' need for sustainable solutions, they should be given a central and leading role in consortia and lighthouse projects. This is not mentioned in the Commission's communication, and should be clarified in future work; |
| --- | --- |

25.

sees lighthouse projects as a key ingredient of the SCC; given that local authorities are in the best position to determine cities' need for sustainable solutions, they should be given a central and leading role in consortia and lighthouse projects. This is not mentioned in the Commission's communication, and should be clarified in future work;

| 26. | thinks that the roles of other stakeholders in consortia and projects must also be clearly defined so as to create good conditions and balance within the partnerships; feels that the structure of lighthouse projects and consortia should be established as part of the tender procedures, with a view to clarifying the structure of the consortia and the various stakeholders' roles in project development and making the SCC framework more transparent; |
| --- | --- |

26.

thinks that the roles of other stakeholders in consortia and projects must also be clearly defined so as to create good conditions and balance within the partnerships; feels that the structure of lighthouse projects and consortia should be established as part of the tender procedures, with a view to clarifying the structure of the consortia and the various stakeholders' roles in project development and making the SCC framework more transparent;

| 27. | notes that the Commission states in its communication that it has opened the door to future regulation in this domain to support the commercial roll-out of future projects. While the Committee of the Regions does not wish to exclude such measures, it is important for any future rules to pay close attention to principles of proportionality and subsidiarity and to the need for solutions to be tailored to local conditions; |
| --- | --- |

27.

notes that the Commission states in its communication that it has opened the door to future regulation in this domain to support the commercial roll-out of future projects. While the Committee of the Regions does not wish to exclude such measures, it is important for any future rules to pay close attention to principles of proportionality and subsidiarity and to the need for solutions to be tailored to local conditions;

| 28. | therefore feels that the Commission needs to clarify what future regulation it has in mind and provide examples of such regulation or relevant domains, as this would be valuable information for stakeholders involved in consortia and projects; |
| --- | --- |

28.

therefore feels that the Commission needs to clarify what future regulation it has in mind and provide examples of such regulation or relevant domains, as this would be valuable information for stakeholders involved in consortia and projects;

| 29. | considers it important for relevant indicators to be associated with the activities in each project, corresponding to EU-level priorities and key challenges for energy, transport and ICT such as environmental performance, energy performance of cities, share of renewable energy sources in energy use, shared use of infrastructure, etc.; |
| --- | --- |

29.

considers it important for relevant indicators to be associated with the activities in each project, corresponding to EU-level priorities and key challenges for energy, transport and ICT such as environmental performance, energy performance of cities, share of renewable energy sources in energy use, shared use of infrastructure, etc.;

| 30. | reiterates that the situation in each city is unique, and would therefore stress that it is important for local authorities to be able to adapt the indicators to local circumstances. It is important for the detailed targets for the indicators to be defined by local authorities in cooperation with the industrial consortium. At the same time, it is important for the indicators to provide industry, including small and medium-sized enterprises (SMEs), with guidance in ensuring that overarching EU-level objectives and key challenges are met; in any event, the objectives will be set as part of the 20-20-20 strategy, drawn up by the European Union with a view to being achieved by 2020; |
| --- | --- |

30.

reiterates that the situation in each city is unique, and would therefore stress that it is important for local authorities to be able to adapt the indicators to local circumstances. It is important for the detailed targets for the indicators to be defined by local authorities in cooperation with the industrial consortium. At the same time, it is important for the indicators to provide industry, including small and medium-sized enterprises (SMEs), with guidance in ensuring that overarching EU-level objectives and key challenges are met; in any event, the objectives will be set as part of the 20-20-20 strategy, drawn up by the European Union with a view to being achieved by 2020;

| 31. | recommends that the Commission provide funding for the research and development work needed across Europe of regional innovation ecosystems. Smart cities experiments are needed linking the material and operational features of buildings and all infrastructure with diverse types of development and services which the city and other operators produce and maintain. This regional ICT-assisted modelling is needed to provide a credible basis for lifecycle analyses of different investment, as well as for development of user-driven business activities, civic initiatives and decision-making; |
| --- | --- |

31.

recommends that the Commission provide funding for the research and development work needed across Europe of regional innovation ecosystems. Smart cities experiments are needed linking the material and operational features of buildings and all infrastructure with diverse types of development and services which the city and other operators produce and maintain. This regional ICT-assisted modelling is needed to provide a credible basis for lifecycle analyses of different investment, as well as for development of user-driven business activities, civic initiatives and decision-making;

| 32. | welcomes the Commission's intention to base the monitoring system on existing methodologies such as those used in the Covenant of Mayors and the Green Digital Charter. It is also worth pointing out here that EU-level objectives represent a minimum standard, and that cities must be encouraged to set their sights higher and set an example in these areas; |
| --- | --- |

32.

welcomes the Commission's intention to base the monitoring system on existing methodologies such as those used in the Covenant of Mayors and the Green Digital Charter. It is also worth pointing out here that EU-level objectives represent a minimum standard, and that cities must be encouraged to set their sights higher and set an example in these areas;

| 33. | endorses the Commission's call for experience and best practice to be shared at global level. Highlighting specific successful European examples on the global stage would benefit European industry, which would in turn further reinforce our work under the Europe 2020 strategy. The international cooperation objectives under the SCC should be supported with specific funding; |
| --- | --- |

33.

endorses the Commission's call for experience and best practice to be shared at global level. Highlighting specific successful European examples on the global stage would benefit European industry, which would in turn further reinforce our work under the Europe 2020 strategy. The international cooperation objectives under the SCC should be supported with specific funding;

| 34. | notes that the Commission gives several examples of cross-cutting themes on which projects could be based, such as smart buildings, smart supply and demand systems, sustainable urban mobility, and green IT. These themes are relevant, but the Committee would stress that the list is by no means exhaustive and that other relevant themes must also be eligible. For example, it is worth highlighting ICT as a basic precondition for the development of cost-effective and user-friendly e-services within all the areas covered by the initiative. Coordinating energy and waste management should also be included in the list of project themes; |
| --- | --- |

34.

notes that the Commission gives several examples of cross-cutting themes on which projects could be based, such as smart buildings, smart supply and demand systems, sustainable urban mobility, and green IT. These themes are relevant, but the Committee would stress that the list is by no means exhaustive and that other relevant themes must also be eligible. For example, it is worth highlighting ICT as a basic precondition for the development of cost-effective and user-friendly e-services within all the areas covered by the initiative. Coordinating energy and waste management should also be included in the list of project themes;

| 35. | would particularly like to stress that a key element in work on the SCC will be developing smart grids. The Committee refers in this connection to its recently adopted opinion on Renewable energy: a major player in the European energy market, and once again underlines how important the development of smart grids is expected to be; |
| --- | --- |

35.

would particularly like to stress that a key element in work on the SCC will be developing smart grids. The Committee refers in this connection to its recently adopted opinion on Renewable energy: a major player in the European energy market, and once again underlines how important the development of smart grids is expected to be;

| 36. | points to the major challenges posed by the fact that renewable energy sources are connected to energy grids that are not designed for this type of energy source. Widespread use of renewables requires investment in improving grids, whose current state is hampering the growth of such energy. The development of smart grids plays an important role in this connection; |
| --- | --- |

36.

points to the major challenges posed by the fact that renewable energy sources are connected to energy grids that are not designed for this type of energy source. Widespread use of renewables requires investment in improving grids, whose current state is hampering the growth of such energy. The development of smart grids plays an important role in this connection;

| 37. | also notes that another area where smart grids have considerable potential is the storage of surplus energy, which can improve the balance between energy supply and demand. Smart grids, and associated technical applications that make it possible to compensate for fluctuations in energy production and demand and to even out energy flow, would bring significant economic progress, reduce costs for both producers and consumers, and make an important contribution to the development of smart urban environments; |
| --- | --- |

37.

also notes that another area where smart grids have considerable potential is the storage of surplus energy, which can improve the balance between energy supply and demand. Smart grids, and associated technical applications that make it possible to compensate for fluctuations in energy production and demand and to even out energy flow, would bring significant economic progress, reduce costs for both producers and consumers, and make an important contribution to the development of smart urban environments;

| 38. | nonetheless points out that smart, sustainable urban environments cannot be developed simply using technical systems and applications, but that technical developments must go hand in hand with efforts to change people's and companies' energy consumption patterns; |
| --- | --- |

38.

nonetheless points out that smart, sustainable urban environments cannot be developed simply using technical systems and applications, but that technical developments must go hand in hand with efforts to change people's and companies' energy consumption patterns;

| 39. | notes that many European cities have an urban fabric that contains major disparities with regard to energy efficiency. Developing sustainable urban environments requires specific efforts to renovate buildings, using the relevant financial instruments, and reserving a key role for renewable energies; |
| --- | --- |

39.

notes that many European cities have an urban fabric that contains major disparities with regard to energy efficiency. Developing sustainable urban environments requires specific efforts to renovate buildings, using the relevant financial instruments, and reserving a key role for renewable energies;

Governance of Smart Cities and Communities

| 40. | believes that the SCC needs an effective and appropriate, but also simple and transparent, governance structure if it is to achieve its purpose, but feels that the Commission has not adequately addressed the decisive role that local authorities of every demographic size need to have in the governance structure. It must be ensured that local authorities have relevant opportunities for influence and participation at all levels, in both the high-level group and stakeholder platform, and also in the working groups to be set up later; |
| --- | --- |

40.

believes that the SCC needs an effective and appropriate, but also simple and transparent, governance structure if it is to achieve its purpose, but feels that the Commission has not adequately addressed the decisive role that local authorities of every demographic size need to have in the governance structure. It must be ensured that local authorities have relevant opportunities for influence and participation at all levels, in both the high-level group and stakeholder platform, and also in the working groups to be set up later;

| 41. | feels that the Commission should clarify the basis and process for appointing members of the high-level group. The procedure should ensure that local authorities are adequately represented; |
| --- | --- |

41.

feels that the Commission should clarify the basis and process for appointing members of the high-level group. The procedure should ensure that local authorities are adequately represented;

| 42. | also sees it as important for local authorities to have the opportunity to be properly represented in the various groups within the stakeholder platform – such as the roadmap group – in order to ensure that the local perspective is given sufficient prominence; |
| --- | --- |

42.

also sees it as important for local authorities to have the opportunity to be properly represented in the various groups within the stakeholder platform – such as the roadmap group – in order to ensure that the local perspective is given sufficient prominence;

| 43. | calls for strong local authority involvement in governance, in order to ensure that the projects and solutions developed are based on strong demand from the cities and their residents. As noted above, local authorities have the best understanding of their residents' needs and also of their cities' own complex systems; if these essential competences and understanding are missing from the governance system, there is a risk that the work will result in suboptimal outcomes; |
| --- | --- |

43.

calls for strong local authority involvement in governance, in order to ensure that the projects and solutions developed are based on strong demand from the cities and their residents. As noted above, local authorities have the best understanding of their residents' needs and also of their cities' own complex systems; if these essential competences and understanding are missing from the governance system, there is a risk that the work will result in suboptimal outcomes;

| 44. | calls for the governance structure to include monitoring and supervision mechanisms to ensure that all available funding is used effectively and in line with the SCC's aims. This monitoring and supervision must be transparent and the stakeholders must be familiar with it; |
| --- | --- |

44.

calls for the governance structure to include monitoring and supervision mechanisms to ensure that all available funding is used effectively and in line with the SCC's aims. This monitoring and supervision must be transparent and the stakeholders must be familiar with it;

| 45. | considers it to be very important for all the relevant information about the SCC initiative to be effectively communicated and made available to all relevant stakeholders, so as to make it easier for pioneering project ideas to be gathered, discussed and used as the basis for projects. The Commission has an essential role to play here, but local authorities' own efforts are also very important, not least because they are the most familiar with the local economy and industry. Networks of various kinds at EU, national, regional and local level may also have an important role to play here; equally, we should not forget the importance of a system of multilevel governance in which each tier of government contributes to the development of projects in line with its own powers and resources; |
| --- | --- |

45.

considers it to be very important for all the relevant information about the SCC initiative to be effectively communicated and made available to all relevant stakeholders, so as to make it easier for pioneering project ideas to be gathered, discussed and used as the basis for projects. The Commission has an essential role to play here, but local authorities' own efforts are also very important, not least because they are the most familiar with the local economy and industry. Networks of various kinds at EU, national, regional and local level may also have an important role to play here; equally, we should not forget the importance of a system of multilevel governance in which each tier of government contributes to the development of projects in line with its own powers and resources;

| 46. | stresses that operating procedures, meetings, document processing etc. must be efficient, so that they encourage rather than hinder the work of all stakeholders. Operating procedures should be clearly defined in all working groups. |
| --- | --- |

46.

stresses that operating procedures, meetings, document processing etc. must be efficient, so that they encourage rather than hinder the work of all stakeholders. Operating procedures should be clearly defined in all working groups.

Brussels, 4 July 2013.

The President of the Committee of the Regions

Ramón Luis VALCÁRCEL SISO

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| 27.9.2013 | EN | Official Journal of the European Union | C 280/33 |
| --- | --- | --- | --- |

27.9.2013

EN

Official Journal of the European Union

C 280/33

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Opinion of the Committee of the Regions on ‘eHealth Action Plan 2012-20 — Innovative Healthcare for the 21st Century’

2013/C 280/07

THE COMMITTEE OF THE REGIONS

| — | points out that the development of eHealth services must benefit all EU citizens by giving them the opportunity to take control over their own healthcare and cannot lead to further inequalities in terms of access and use of healthcare services; |
| --- | --- |

—

points out that the development of eHealth services must benefit all EU citizens by giving them the opportunity to take control over their own healthcare and cannot lead to further inequalities in terms of access and use of healthcare services;

| — | notes that, in many EU Member States, local and regional authorities bear some of the responsibility for planning, designing, implementing, testing and funding health and welfare policy. It is therefore evident that regional authorities must be closely involved in any reforms that impact healthcare and welfare; |
| --- | --- |

—

notes that, in many EU Member States, local and regional authorities bear some of the responsibility for planning, designing, implementing, testing and funding health and welfare policy. It is therefore evident that regional authorities must be closely involved in any reforms that impact healthcare and welfare;

| — | calls for sustained efforts to promote health education, innovation and change, driven by commitment to excellence and awareness that today's solutions may be outdated by tomorrow in the rapidly changing eHealth environment; |
| --- | --- |

—

calls for sustained efforts to promote health education, innovation and change, driven by commitment to excellence and awareness that today's solutions may be outdated by tomorrow in the rapidly changing eHealth environment;

| — | draws attention to the large volumes of health, welfare and social care data, all currently stored in separate systems and argues that a more efficient and interservice use of these data could reinvent European healthcare systems and create a more robust and effective care continuum; |
| --- | --- |

—

draws attention to the large volumes of health, welfare and social care data, all currently stored in separate systems and argues that a more efficient and interservice use of these data could reinvent European healthcare systems and create a more robust and effective care continuum;

| — | notes that the key factors for the successful development and introduction of eHealth solutions include local government involvement, decentralised data storage, good dissemination of information to patients and the public and an active collaboration with health professionals; |
| --- | --- |

—

notes that the key factors for the successful development and introduction of eHealth solutions include local government involvement, decentralised data storage, good dissemination of information to patients and the public and an active collaboration with health professionals;

| — | reiterates that the large-scale deployment of eHealth is not just a question of legal and technical feasibility, but depends first and foremost on the trust that patients, health professionals and the public place in it; therefore believes that it is important to address the issues around privacy, confidentiality, data protection and liability to ensure that sensitive data are protected from hacking, leaks, privacy breaches and other forms of abuse. |
| --- | --- |

—

reiterates that the large-scale deployment of eHealth is not just a question of legal and technical feasibility, but depends first and foremost on the trust that patients, health professionals and the public place in it; therefore believes that it is important to address the issues around privacy, confidentiality, data protection and liability to ensure that sensitive data are protected from hacking, leaks, privacy breaches and other forms of abuse.

| Rapporteur | Mr Johan SAUWENS (BE/EPP), Member of the Flemish Parliament |
| --- | --- |
| Reference document | Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions – eHealth Action Plan 2012-2020 – Innovative Healthcare for the 21st Century
  COM(2012) 736 final |

Rapporteur

Mr Johan SAUWENS (BE/EPP), Member of the Flemish Parliament

Reference document

Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions – eHealth Action Plan 2012-2020 – Innovative Healthcare for the 21st Century

COM(2012) 736 final

I.   POLICY RECOMMENDATIONS

THE COMMITTEE OF THE REGIONS

General comments

| 1. | supports the Commission's communication on the eHealth Action Plan 2012-2020, which outlines a strategy for eHealth in the EU and sets out the key objectives that need to be achieved in order to realise its full potential. This plan represents a significant step forward in preparing Europe's healthcare systems for the challenges they face in terms of improving quality of care, making more efficient use of the ever scarcer resources available for healthcare, reducing red tape for patients, healthcare providers and governments, and innovating in the fields of IT and technology, production and services; |
| --- | --- |

1.

supports the Commission's communication on the eHealth Action Plan 2012-2020, which outlines a strategy for eHealth in the EU and sets out the key objectives that need to be achieved in order to realise its full potential. This plan represents a significant step forward in preparing Europe's healthcare systems for the challenges they face in terms of improving quality of care, making more efficient use of the ever scarcer resources available for healthcare, reducing red tape for patients, healthcare providers and governments, and innovating in the fields of IT and technology, production and services;

| 2. | agrees with the Commission's assertion that even the best eHealth solutions will be of no benefit to EU citizens if they are designed and implemented in a fragmented and compartmentalised way. The Commission deserves credit for the attention it has given to legal, organisational, semantic and technical interoperability frameworks, guidelines and specifications; |
| --- | --- |

2.

agrees with the Commission's assertion that even the best eHealth solutions will be of no benefit to EU citizens if they are designed and implemented in a fragmented and compartmentalised way. The Commission deserves credit for the attention it has given to legal, organisational, semantic and technical interoperability frameworks, guidelines and specifications;

| 3. | stresses that health and welfare policy has been centralised in many Member States and that regional authorities need to have a louder voice in the debate; |
| --- | --- |

3.

stresses that health and welfare policy has been centralised in many Member States and that regional authorities need to have a louder voice in the debate;

| 4. | points out that the development of eHealth services must benefit all EU citizens, and not lead to (greater) inequalities in terms of the accessibility and use of healthcare services. The needs of patients must be at the heart of the eHealth revolution: patients have a right to take decisions on access to their data, and must be given a clear explanation of what use can be made of such access, and by whom. eHealth should give citizens and patients the opportunity to take control of their own healthcare; |
| --- | --- |

4.

points out that the development of eHealth services must benefit all EU citizens, and not lead to (greater) inequalities in terms of the accessibility and use of healthcare services. The needs of patients must be at the heart of the eHealth revolution: patients have a right to take decisions on access to their data, and must be given a clear explanation of what use can be made of such access, and by whom. eHealth should give citizens and patients the opportunity to take control of their own healthcare;

| 5. | emphasises that new applications must be accessible, and give disabled, older and vulnerable people greater autonomy. Accessibility should therefore be a mandatory condition for launching any product or software application; |
| --- | --- |

5.

emphasises that new applications must be accessible, and give disabled, older and vulnerable people greater autonomy. Accessibility should therefore be a mandatory condition for launching any product or software application;

II.   RELEVANCE FOR THE COMMITTEE OF THE REGIONS

| 6. | notes that, in many EU Member States, local and regional authorities bear some of the responsibility for planning, designing, implementing, testing and funding health and welfare policy. It is therefore evident that regional authorities must be closely involved in any reforms that impact healthcare and welfare; |
| --- | --- |

6.

notes that, in many EU Member States, local and regional authorities bear some of the responsibility for planning, designing, implementing, testing and funding health and welfare policy. It is therefore evident that regional authorities must be closely involved in any reforms that impact healthcare and welfare;

| 7. | refers in this connection to the 2011 eHealth Strategies Report on eHealth infrastructures, which states that "the complexity of national EHR systems cannot be managed in larger countries. European experience so far suggests that countries with more than around 10 million inhabitants tend to fail with their endeavours, particularly if they do not feature a top-down healthcare system. [...] This would suggest a middle-out approach, opting for local and regional systems building on a national infrastructure"; |
| --- | --- |

7.

refers in this connection to the 2011 eHealth Strategies Report on eHealth infrastructures, which states that "the complexity of national EHR systems cannot be managed in larger countries. European experience so far suggests that countries with more than around 10 million inhabitants tend to fail with their endeavours, particularly if they do not feature a top-down healthcare system. [...] This would suggest a middle-out approach, opting for local and regional systems building on a national infrastructure";

| 8. | points out that the recent CoR study on Dynamic health systems and new technologies: eHealth solutions at local and regional levels shows that eHealth is at the top of the agenda for Europe's local and regional authorities; |
| --- | --- |

8.

points out that the recent CoR study on Dynamic health systems and new technologies: eHealth solutions at local and regional levels shows that eHealth is at the top of the agenda for Europe's local and regional authorities;

| 9. | sees a need for more interregional cooperation and exchanges of practical and policy experience, to enable those at the forefront of eHealth to transfer their knowledge to newcomers. The European Commission can play a role here, by collecting and collating knowledge and best practice. An in-depth analysis needs to be undertaken into which eHealth initiatives and models can most effectively be implemented on an EU-wide scale; |
| --- | --- |

9.

sees a need for more interregional cooperation and exchanges of practical and policy experience, to enable those at the forefront of eHealth to transfer their knowledge to newcomers. The European Commission can play a role here, by collecting and collating knowledge and best practice. An in-depth analysis needs to be undertaken into which eHealth initiatives and models can most effectively be implemented on an EU-wide scale;

Health literacy

| 10. | considers improving people's knowledge concerning their health to be an important element in strategies to eliminate health inequalities. Combined with digital literacy and broadband access, increasing levels of health-related knowledge will help to give more people in remote, sparsely populated or otherwise disadvantaged regions access to accurate information, preventative healthcare measures and medical advice, as well as to easily accessible online assistance, treatment and medical follow-up; |
| --- | --- |

10.

considers improving people's knowledge concerning their health to be an important element in strategies to eliminate health inequalities. Combined with digital literacy and broadband access, increasing levels of health-related knowledge will help to give more people in remote, sparsely populated or otherwise disadvantaged regions access to accurate information, preventative healthcare measures and medical advice, as well as to easily accessible online assistance, treatment and medical follow-up;

| 11. | considers accurate, reliable and accessible information tailored to different sections of society to be a prerequisite for digital health literacy. This means that the government and private sector need to provide clear and relevant information and, in particular, that health processionals need greater awareness of their patients' health literacy; |
| --- | --- |

11.

considers accurate, reliable and accessible information tailored to different sections of society to be a prerequisite for digital health literacy. This means that the government and private sector need to provide clear and relevant information and, in particular, that health processionals need greater awareness of their patients' health literacy;

Challenges

| 12. | points out that eHealth is a rapidly evolving field that is in constant development, and today's insights and achievements may be outdated by tomorrow. The transition from traditional healthcare to eHealth requires not only the necessary IT infrastructure and digital literacy but first and foremost a shift in the relationships between medical staff, social workers, researchers, health insurers, patients and the government. It also calls for sustained efforts to promote innovation and change, education and excellence; |
| --- | --- |

12.

points out that eHealth is a rapidly evolving field that is in constant development, and today's insights and achievements may be outdated by tomorrow. The transition from traditional healthcare to eHealth requires not only the necessary IT infrastructure and digital literacy but first and foremost a shift in the relationships between medical staff, social workers, researchers, health insurers, patients and the government. It also calls for sustained efforts to promote innovation and change, education and excellence;

| 13. | refers in this connection to the conclusions of the workshop on Monitoring National eHealth Strategies (Brussels, 2010), which assert that the "implementation of [eHealth] strategies across Europe [has] proven to be much more complex and time-consuming than initially anticipated. In addition, the complexity of eHealth as a management challenge has been vastly underestimated"; |
| --- | --- |

13.

refers in this connection to the conclusions of the workshop on Monitoring National eHealth Strategies (Brussels, 2010), which assert that the "implementation of [eHealth] strategies across Europe [has] proven to be much more complex and time-consuming than initially anticipated. In addition, the complexity of eHealth as a management challenge has been vastly underestimated";

| 14. | notes that, in some regions, the IT skills of medical personnel and social workers, and understanding of the possibilities of eHealth leave something to be desired. The same applies to the quality, user-friendliness and features of some of the software available or on the market for medical staff and social workers. This is regrettable, and hampers the improvement of eHealth. The requirements to be met by medical software, and in particular by electronic health records, could be set out more explicitly so that the available software can be tested against them and labelling procedures can be developed. There is currently a lack of effective communication between the health sector and the IT sector; |
| --- | --- |

14.

notes that, in some regions, the IT skills of medical personnel and social workers, and understanding of the possibilities of eHealth leave something to be desired. The same applies to the quality, user-friendliness and features of some of the software available or on the market for medical staff and social workers. This is regrettable, and hampers the improvement of eHealth. The requirements to be met by medical software, and in particular by electronic health records, could be set out more explicitly so that the available software can be tested against them and labelling procedures can be developed. There is currently a lack of effective communication between the health sector and the IT sector;

Interoperability

| 15. | draws attention to the large volumes of health, welfare and social care data, all currently stored separately. Making more efficient use of these data could reinvent healthcare and develop a more robust and effective care continuum. This means that IT infrastructure must not be limited to medical treatment services, but also cover social care, assisted living, prevention and wellbeing. This is a consequence of the principle that service users must be at the centre of any healthcare and welfare system, and that the various services within the system must tailor their operating procedures accordingly. eHealth can help to reduce the compartmentalisation of care and promote a holistic approach to the person who needs care; |
| --- | --- |

15.

draws attention to the large volumes of health, welfare and social care data, all currently stored separately. Making more efficient use of these data could reinvent healthcare and develop a more robust and effective care continuum. This means that IT infrastructure must not be limited to medical treatment services, but also cover social care, assisted living, prevention and wellbeing. This is a consequence of the principle that service users must be at the centre of any healthcare and welfare system, and that the various services within the system must tailor their operating procedures accordingly. eHealth can help to reduce the compartmentalisation of care and promote a holistic approach to the person who needs care;

| 16. | regards the electronic sharing of data between care providers as crucial to improving quality of care (improving effectiveness and continuity, putting the patient in a stronger position, etc.). In many countries and regions, medical data is currently stored in a very fragmented way (saved in files on individual GPs' and specialists' computers, or on the hospital server), with no way of sharing these data among the practitioners involved in a given patient's treatment. An on-call GP, or a doctor in a hospital's accident and emergency department, may have to deal with an emergency without access to a summary of the patient's key medical data or up-to-date medical history. This problem is exacerbated if the patient is in a foreign country where the language barrier seriously hinders communication between the patient and the care provider, and will become an even bigger challenge once the practical impact of the EU Directive of 9 March 2011 on the application of patients' rights in cross-border healthcare becomes clearer. Laboratory tests and medical imaging are often repeated unnecessarily due to a lack of access to a patient's recent medical history; |
| --- | --- |

16.

regards the electronic sharing of data between care providers as crucial to improving quality of care (improving effectiveness and continuity, putting the patient in a stronger position, etc.). In many countries and regions, medical data is currently stored in a very fragmented way (saved in files on individual GPs' and specialists' computers, or on the hospital server), with no way of sharing these data among the practitioners involved in a given patient's treatment. An on-call GP, or a doctor in a hospital's accident and emergency department, may have to deal with an emergency without access to a summary of the patient's key medical data or up-to-date medical history. This problem is exacerbated if the patient is in a foreign country where the language barrier seriously hinders communication between the patient and the care provider, and will become an even bigger challenge once the practical impact of the EU Directive of 9 March 2011 on the application of patients' rights in cross-border healthcare becomes clearer. Laboratory tests and medical imaging are often repeated unnecessarily due to a lack of access to a patient's recent medical history;

| 17. | very much welcomes the considerable attention the eHealth Action Plan pays to the issue of interoperability frameworks. The EU eHealth market is highly fragmented, and the ICT solutions provided – in many cases for extremely local circumstances – make these systems more expensive, inaccessible to others, unreliable, and unsuited to other purposes or new applications. This situation also presents an obstacle to the IT industry by limiting its access to the market and undermining the profitability of its product development, which hinders much-needed innovation. The action plan provides enterprises both large and small in all European countries with opportunities for economic initiatives; |
| --- | --- |

17.

very much welcomes the considerable attention the eHealth Action Plan pays to the issue of interoperability frameworks. The EU eHealth market is highly fragmented, and the ICT solutions provided – in many cases for extremely local circumstances – make these systems more expensive, inaccessible to others, unreliable, and unsuited to other purposes or new applications. This situation also presents an obstacle to the IT industry by limiting its access to the market and undermining the profitability of its product development, which hinders much-needed innovation. The action plan provides enterprises both large and small in all European countries with opportunities for economic initiatives;

| 18. | sees the interoperability framework that will be offered to the eHealth network in the course of this calendar year as an important point. The study into national legislation on electronic health records should also examine regional regulations; |
| --- | --- |

18.

sees the interoperability framework that will be offered to the eHealth network in the course of this calendar year as an important point. The study into national legislation on electronic health records should also examine regional regulations;

| 19. | welcomes the emphasis on closer cooperation with international and global organisations such as the World Health Organization (WHO). There needs to be agreement on the encoding of medical data and the uniform use of international disease classification systems in order to enable computer-assisted medical decision-making; |
| --- | --- |

19.

welcomes the emphasis on closer cooperation with international and global organisations such as the World Health Organization (WHO). There needs to be agreement on the encoding of medical data and the uniform use of international disease classification systems in order to enable computer-assisted medical decision-making;

Trust

| 20. | feels that the large-scale deployment of eHealth is not just a question of legal and technical feasibility, but depends first and foremost on the trust that patients, health professionals and the public place in it. It is therefore important to start by dealing with the issues concerning privacy, confidentiality, data protection and liability, to ensure that sensitive data are protected from hacking, leaks, privacy breaches and other forms of abuse; |
| --- | --- |

20.

feels that the large-scale deployment of eHealth is not just a question of legal and technical feasibility, but depends first and foremost on the trust that patients, health professionals and the public place in it. It is therefore important to start by dealing with the issues concerning privacy, confidentiality, data protection and liability, to ensure that sensitive data are protected from hacking, leaks, privacy breaches and other forms of abuse;

| 21. | notes that one of the key findings from KPMG's study Internationaal onderzoek EPD's [International EHR study] (Utrecht, 6 February 2012) comparing six different European countries was that there was a trend away from large-scale national programmes towards a more regional approach, with a view to managing the complexity and increasing local involvement. According to KPMG, there is also a growing realisation, thanks to the use of uniform standards, that there is no need for nationwide databases but that decentralised data storage at source can be managed well. The critical success factors for the gradual development and introduction of eHealth would appear to include local involvement, decentralised data storage, good dissemination of information to patients and the public, and a step-by-step approach involving pilot projects with the active involvement of health professionals; |
| --- | --- |

21.

notes that one of the key findings from KPMG's study Internationaal onderzoek EPD's [International EHR study] (Utrecht, 6 February 2012) comparing six different European countries was that there was a trend away from large-scale national programmes towards a more regional approach, with a view to managing the complexity and increasing local involvement. According to KPMG, there is also a growing realisation, thanks to the use of uniform standards, that there is no need for nationwide databases but that decentralised data storage at source can be managed well. The critical success factors for the gradual development and introduction of eHealth would appear to include local involvement, decentralised data storage, good dissemination of information to patients and the public, and a step-by-step approach involving pilot projects with the active involvement of health professionals;

Relationships

| 22. | notes that the relationship between health professionals and patients is personal and unique, and must remain that way. The development of eHealth can strengthen and improve this relationship, but it is unrealistic – and not even desirable – to expect personal face-to-face contact to be completely replaced by virtual interaction. eHealth applications should therefore only be used by established professional categories in the health and care sector; |
| --- | --- |

22.

notes that the relationship between health professionals and patients is personal and unique, and must remain that way. The development of eHealth can strengthen and improve this relationship, but it is unrealistic – and not even desirable – to expect personal face-to-face contact to be completely replaced by virtual interaction. eHealth applications should therefore only be used by established professional categories in the health and care sector;

| 23. | notes that there is also increasing tension regarding ownership of and responsibility for shared personal data in an electronic health record. Patients should ideally have their own field in their electronic health record where they can insert, for example, results obtained from self monitoring (e.g. self-measured blood sugar levels, blood pressure, mood, etc.); |
| --- | --- |

23.

notes that there is also increasing tension regarding ownership of and responsibility for shared personal data in an electronic health record. Patients should ideally have their own field in their electronic health record where they can insert, for example, results obtained from self monitoring (e.g. self-measured blood sugar levels, blood pressure, mood, etc.);

| 24. | notes that, as chronic conditions take an increasingly prominent place in medical practice in terms of the ageing population, in health statistics and in the list of cost drivers in healthcare, the importance of a multidisciplinary approach to chronically ill patients is coming increasingly to the fore. Many older patients suffer from several conditions concurrently, and need care from various care providers with complementary skills. This applies both to inpatient care and to home-based care. eHealth, and electronic data-sharing between patients, their caregivers and care providers involved in their treatment, can make a particularly valuable contribution to good, timely care tailored to the patient's needs; |
| --- | --- |

24.

notes that, as chronic conditions take an increasingly prominent place in medical practice in terms of the ageing population, in health statistics and in the list of cost drivers in healthcare, the importance of a multidisciplinary approach to chronically ill patients is coming increasingly to the fore. Many older patients suffer from several conditions concurrently, and need care from various care providers with complementary skills. This applies both to inpatient care and to home-based care. eHealth, and electronic data-sharing between patients, their caregivers and care providers involved in their treatment, can make a particularly valuable contribution to good, timely care tailored to the patient's needs;

Funding

| 25. | finds it regrettable that the budget for the Connecting Europe Facility has been cut severely, from EUR 50 billion (EUR 9,2 billion of which was earmarked for broadband and digital services) to EUR 29,3 billion, barely EUR 1 billion of which is for broadband and digital services; |
| --- | --- |

25.

finds it regrettable that the budget for the Connecting Europe Facility has been cut severely, from EUR 50 billion (EUR 9,2 billion of which was earmarked for broadband and digital services) to EUR 29,3 billion, barely EUR 1 billion of which is for broadband and digital services;

| 26. | questions whether the large-scale deployment of interoperable, cross-border eHealth services, which the Commission claims will take place by 2014 under the Connecting Europe Facility, will still be on the cards if Parliament gives the green light to the cuts to the CEF; |
| --- | --- |

26.

questions whether the large-scale deployment of interoperable, cross-border eHealth services, which the Commission claims will take place by 2014 under the Connecting Europe Facility, will still be on the cards if Parliament gives the green light to the cuts to the CEF;

| 27. | hopes that the budget will not be cut for research and innovation activities planned for 2014-2020 under the "health, demographic change and wellbeing" component of Horizon 2020, and that studies will focus on the cost-effectiveness of eHealth technologies, privacy safeguards, user involvement and the integration of patient-centred solutions in European healthcare systems; |
| --- | --- |

27.

hopes that the budget will not be cut for research and innovation activities planned for 2014-2020 under the "health, demographic change and wellbeing" component of Horizon 2020, and that studies will focus on the cost-effectiveness of eHealth technologies, privacy safeguards, user involvement and the integration of patient-centred solutions in European healthcare systems;

Subsidiarity

| 28. | points out that competence for organising and providing healthcare services and medical treatment rests with the Member States. In many Member States, local and regional authorities are responsible for all or a significant part of health and welfare policy; |
| --- | --- |

28.

points out that competence for organising and providing healthcare services and medical treatment rests with the Member States. In many Member States, local and regional authorities are responsible for all or a significant part of health and welfare policy;

| 29. | notes that, particularly in less prosperous areas, it remains technically, logistically and financially difficult to upgrade IT infrastructure and to expand and develop the potential of eHealth. Action at EU level may be particularly useful where there is a need for coordination and encouragement. This applies in particular to various issues that are best dealt with at EU level, such as cross-border healthcare, recognition of qualifications, common barriers, standards and methodology for assessing the effectiveness of eHealth applications. Financial support may also be useful in helping to cover the high initial costs; |
| --- | --- |

29.

notes that, particularly in less prosperous areas, it remains technically, logistically and financially difficult to upgrade IT infrastructure and to expand and develop the potential of eHealth. Action at EU level may be particularly useful where there is a need for coordination and encouragement. This applies in particular to various issues that are best dealt with at EU level, such as cross-border healthcare, recognition of qualifications, common barriers, standards and methodology for assessing the effectiveness of eHealth applications. Financial support may also be useful in helping to cover the high initial costs;

| 30. | notes that the 2014-2020 action plan focuses on research, innovation and interoperability, and sets out what form the technical and legal framework should take. The business community, local and regional authorities, health professionals, patients and the public would all benefit from this. Since the action plan is quite broad, the European Commission could focus more on prioritising its activities; |
| --- | --- |

30.

notes that the 2014-2020 action plan focuses on research, innovation and interoperability, and sets out what form the technical and legal framework should take. The business community, local and regional authorities, health professionals, patients and the public would all benefit from this. Since the action plan is quite broad, the European Commission could focus more on prioritising its activities;

| 31. | expects action at EU level to bring added value to regional health policy and healthcare, and help to create a European area of eHealth and eWelfare; |
| --- | --- |

31.

expects action at EU level to bring added value to regional health policy and healthcare, and help to create a European area of eHealth and eWelfare;

| 32. | hopes that implementation of the action plan will take account not only of the Member States but also of local and regional authorities, which have a key role to play in communicating with and informing patients and the public, educating and training care professionals, establishing adequate local involvement in the development of eHealth, initiating eHealth pilot projects, dealing with the complexity of eHealth and, in some regions, also legislating in the field. |
| --- | --- |

32.

hopes that implementation of the action plan will take account not only of the Member States but also of local and regional authorities, which have a key role to play in communicating with and informing patients and the public, educating and training care professionals, establishing adequate local involvement in the development of eHealth, initiating eHealth pilot projects, dealing with the complexity of eHealth and, in some regions, also legislating in the field.

Brussels, 3 July 2013.

The President of the Committee of the Regions

Ramón Luis VALCÁRCEL SISO

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| 27.9.2013 | EN | Official Journal of the European Union | C 280/38 |
| --- | --- | --- | --- |

27.9.2013

EN

Official Journal of the European Union

C 280/38

---

Opinion of the Committee of the Regions on ‘Making the internal energy market work’

2013/C 280/08

THE COMMITTEE OF THE REGIONS

| — | is firmly convinced that small-scale energy producers should have easy access to energy networks/smart grids. Sound rules should be developed, by means of which households and small producers are encouraged to invest in micro-production of energy, for the entrance of these new suppliers to the networks; |
| --- | --- |

—

is firmly convinced that small-scale energy producers should have easy access to energy networks/smart grids. Sound rules should be developed, by means of which households and small producers are encouraged to invest in micro-production of energy, for the entrance of these new suppliers to the networks;

| — | doubts whether the proposed EC measures are satisfactory to empower consumers and to combat energy poverty and demands special focus to be given to the protection of consumers. In this respect, attention is required for the asymmetrical position of energy users vis-à-vis huge companies; |
| --- | --- |

—

doubts whether the proposed EC measures are satisfactory to empower consumers and to combat energy poverty and demands special focus to be given to the protection of consumers. In this respect, attention is required for the asymmetrical position of energy users vis-à-vis huge companies;

| — | calls on authorities to address the issue of incentives for the right market investments in generation, transmission, storage and supply/demand balancing facilities and recommends that, next to existing programmes (EEPR, the Connecting Europe Facility, EU Cohesion Policy, TEN-T programme, Horizon 2020), new means of financing for the realisation of infrastructure should be sought for; |
| --- | --- |

—

calls on authorities to address the issue of incentives for the right market investments in generation, transmission, storage and supply/demand balancing facilities and recommends that, next to existing programmes (EEPR, the Connecting Europe Facility, EU Cohesion Policy, TEN-T programme, Horizon 2020), new means of financing for the realisation of infrastructure should be sought for;

| — | strongly supports the urgent need for the modernisation of existing grids and developing smart grids, and endorses cooperation in the development of smart grids at European, national and regional level and the development of European standards for smart grids; |
| --- | --- |

—

strongly supports the urgent need for the modernisation of existing grids and developing smart grids, and endorses cooperation in the development of smart grids at European, national and regional level and the development of European standards for smart grids;

| — | emphasises transparency and the participation of citizens and communities in grid planning, development and implementation. |
| --- | --- |

—

emphasises transparency and the participation of citizens and communities in grid planning, development and implementation.

| Rapporteur | P.G. (Piet) DE VEY MESTDAGH (NL/ALDE), Member of the Executive Council of the Province of Groningen |
| --- | --- |
| Reference document | Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions — Making the internal energy market work
  COM(2012) 663 final |

Rapporteur

P.G. (Piet) DE VEY MESTDAGH (NL/ALDE), Member of the Executive Council of the Province of Groningen

Reference document

Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions — Making the internal energy market work

COM(2012) 663 final

I.   POLICY RECOMMENDATIONS

THE COMMITTEE OF THE REGIONS

A.   
  Opening up markets and creating a level playing field

| 1. | states that regional and local authorities play a crucial role in the EU energy market, and underlines their contribution to achieving the internal energy market and reducing differences between Member States. Moreover, local and regional authorities, as the closest link of government to citizens, thereby providing ample communication possibilities, have a direct experience of many of the problems persisting in the EU energy markets regarding competitiveness, transparency and overall regulation of the energy sector; |
| --- | --- |

1.

states that regional and local authorities play a crucial role in the EU energy market, and underlines their contribution to achieving the internal energy market and reducing differences between Member States. Moreover, local and regional authorities, as the closest link of government to citizens, thereby providing ample communication possibilities, have a direct experience of many of the problems persisting in the EU energy markets regarding competitiveness, transparency and overall regulation of the energy sector;

| 2. | is in strong support of the realisation of a completed internal energy market which will allow regions to focus on their regional strengths, thereby developing a region-specific decentralised and renewable energy sector from which local and regional knowledge infrastructure, economy and labour market will benefit. The CoR suggests a strategy to be rolled out to support the development of regional clusters (specialisation) and partnerships and advocates to allow frontrunner regions — with knowledge on innovation systems, working renewable energy markets, roll-out of smart grid systems etc. — a bigger role in filling the gaps that currently exist in the European energy landscape; |
| --- | --- |

2.

is in strong support of the realisation of a completed internal energy market which will allow regions to focus on their regional strengths, thereby developing a region-specific decentralised and renewable energy sector from which local and regional knowledge infrastructure, economy and labour market will benefit. The CoR suggests a strategy to be rolled out to support the development of regional clusters (specialisation) and partnerships and advocates to allow frontrunner regions — with knowledge on innovation systems, working renewable energy markets, roll-out of smart grid systems etc. — a bigger role in filling the gaps that currently exist in the European energy landscape;

| 3. | calls for the development of Regional Energy Plans, in which projects for energy generation, transport, storage and distribution, the realisation of necessary infrastructure and regional schemes for improving energy efficiency and energy saving are included, as supported in its Opinion on the 3rd legislative package, CdR 21/2008 fin. Such region-specific Energy Plans, which may be drawn up at the level of regional authorities or encompassing a number of regions, including in neighbouring countries, should be properly co-ordinated and integrated at both national and Community level; |
| --- | --- |

3.

calls for the development of Regional Energy Plans, in which projects for energy generation, transport, storage and distribution, the realisation of necessary infrastructure and regional schemes for improving energy efficiency and energy saving are included, as supported in its Opinion on the 3rd legislative package, CdR 21/2008 fin. Such region-specific Energy Plans, which may be drawn up at the level of regional authorities or encompassing a number of regions, including in neighbouring countries, should be properly co-ordinated and integrated at both national and Community level;

| 4. | supports a more active enforcement of the 3rd Energy Package and the start of infringement procedures and stresses the need to enforce vigorously competition rules to ensure a level playing field for all market players, including new entrants. Member States with still only one supplier, should be compelled to eliminate market entry barriers and assisted in developing (cross-border) infrastructure so that consumers will have the opportunity of free-choice of supplier throughout the EU. The production and price liberalisation coupled with effective coordination at EU level, may help institute a fair balance of resources among regions in Europe stabilise and improve the framework conditions for the European energy sector and promote a sustainable energy supply, ensuring that additional costs of the energy transition are limited; |
| --- | --- |

4.

supports a more active enforcement of the 3rd Energy Package and the start of infringement procedures and stresses the need to enforce vigorously competition rules to ensure a level playing field for all market players, including new entrants. Member States with still only one supplier, should be compelled to eliminate market entry barriers and assisted in developing (cross-border) infrastructure so that consumers will have the opportunity of free-choice of supplier throughout the EU. The production and price liberalisation coupled with effective coordination at EU level, may help institute a fair balance of resources among regions in Europe stabilise and improve the framework conditions for the European energy sector and promote a sustainable energy supply, ensuring that additional costs of the energy transition are limited;

| 5. | emphasises that it is crucial that agreements on unbundling of transmission networks and production and delivery are respected across the EU, including the agreements on the independent position of energy regulators and requirements on consumer protection. It is a priority to support and further develop the role of the EU’s Agency for the Cooperation of Energy Regulators (ACER), particularly its capacity to scrutinise national regulatory decisions and settle disputes; |
| --- | --- |

5.

emphasises that it is crucial that agreements on unbundling of transmission networks and production and delivery are respected across the EU, including the agreements on the independent position of energy regulators and requirements on consumer protection. It is a priority to support and further develop the role of the EU’s Agency for the Cooperation of Energy Regulators (ACER), particularly its capacity to scrutinise national regulatory decisions and settle disputes;

| 6. | fully supports level playing field-measures to create more decentralised and competitive market models, as they create more opportunities for local energy producers and supporting industry, but stresses that guaranteeing a level playing field includes providing the necessary grid infrastructure to allow peripheral regions, including island regions, to benefit from these opportunities as well. The development of infrastructure, even to more isolated regions, and the necessity to work regionally on international connections, links to islands and carriage capacity are therefore crucial parts of the realisation of the internal energy market; |
| --- | --- |

6.

fully supports level playing field-measures to create more decentralised and competitive market models, as they create more opportunities for local energy producers and supporting industry, but stresses that guaranteeing a level playing field includes providing the necessary grid infrastructure to allow peripheral regions, including island regions, to benefit from these opportunities as well. The development of infrastructure, even to more isolated regions, and the necessity to work regionally on international connections, links to islands and carriage capacity are therefore crucial parts of the realisation of the internal energy market;

| 7. | notes that inconsistencies in taxes and levies between Member States reduce the competitiveness of the electricity market, and that this can also be shown to have a negative impact on other parts of the economy. This has negative consequences both for consumers and for energy-intensive industries, which experience significant competitive advantages or disadvantages depending on their location. In order to level the playing field, it will be necessary to progressively phase out direct and/or hidden subsidies for fossil fuel and nuclear generation; |
| --- | --- |

7.

notes that inconsistencies in taxes and levies between Member States reduce the competitiveness of the electricity market, and that this can also be shown to have a negative impact on other parts of the economy. This has negative consequences both for consumers and for energy-intensive industries, which experience significant competitive advantages or disadvantages depending on their location. In order to level the playing field, it will be necessary to progressively phase out direct and/or hidden subsidies for fossil fuel and nuclear generation;

B.   
  Central role for consumers

| 8. | stresses that energy policy should centre around the consumer, as stated by the CoR in its Opinion on the 3rd legislative package on European electricity and gas markets, CdR 21/2008 fin. The consumer should be the central focal point and ultimately — as an individual or operating in groups, cooperations or organisations — have direct access to the energy market, be it through a variety of energy sources from different producers or directly to the spot market; |
| --- | --- |

8.

stresses that energy policy should centre around the consumer, as stated by the CoR in its Opinion on the 3rd legislative package on European electricity and gas markets, CdR 21/2008 fin. The consumer should be the central focal point and ultimately — as an individual or operating in groups, cooperations or organisations — have direct access to the energy market, be it through a variety of energy sources from different producers or directly to the spot market;

| 9. | is convinced that, to enable consumers to make the best choices in terms of sustainability, value for money and energy efficiency and to select the most suitable providers, education, information and transparency with regard to energy must be given priority and that information on the possibilities the internal energy market and new technologies offer for the reduction of energy bills, is made easily available to consumers. Moreover, consumers should be made aware of ways to control energy consumption, possibilities for energy saving and improve energy efficiency and small-scale production. The CoR therefore recommends the Commission and Member States to roll-out consumer-friendly information campaigns in which local and regional governments and other relevant regional civil society organisations should take active part; |
| --- | --- |

9.

is convinced that, to enable consumers to make the best choices in terms of sustainability, value for money and energy efficiency and to select the most suitable providers, education, information and transparency with regard to energy must be given priority and that information on the possibilities the internal energy market and new technologies offer for the reduction of energy bills, is made easily available to consumers. Moreover, consumers should be made aware of ways to control energy consumption, possibilities for energy saving and improve energy efficiency and small-scale production. The CoR therefore recommends the Commission and Member States to roll-out consumer-friendly information campaigns in which local and regional governments and other relevant regional civil society organisations should take active part;

| 10. | believes that, next to the proposed information campaigns on energy providers and prices, implementation of smart real-time metering systems for energy production and consumption and distribution networks/grids with a sound technical basis is crucial for providing decision-making information to consumers, enabling them to become more aware of energy prices, energy consumption (patterns) and the relation between consumption and price of energy, therefore leading to a more well-considered and sustainable use of energy, creating the conditions for the use of smart electrical (household) appliances, and resulting in energy savings. The CoR recommends the Commission to keep-up its stimulation policy of smart meters as laid out in earlier Communications. This policy should facilitate the introduction of smart distribution networks, integrating the management of consumption and flexible storage, production and consumption capacities and communication between them, while taking into account accuracy, confidentiality, privacy and fraud aspects and working simultaneously on developing standards; |
| --- | --- |

10.

believes that, next to the proposed information campaigns on energy providers and prices, implementation of smart real-time metering systems for energy production and consumption and distribution networks/grids with a sound technical basis is crucial for providing decision-making information to consumers, enabling them to become more aware of energy prices, energy consumption (patterns) and the relation between consumption and price of energy, therefore leading to a more well-considered and sustainable use of energy, creating the conditions for the use of smart electrical (household) appliances, and resulting in energy savings. The CoR recommends the Commission to keep-up its stimulation policy of smart meters as laid out in earlier Communications. This policy should facilitate the introduction of smart distribution networks, integrating the management of consumption and flexible storage, production and consumption capacities and communication between them, while taking into account accuracy, confidentiality, privacy and fraud aspects and working simultaneously on developing standards;

| 11. | doubts whether the proposed EC measures are satisfactory to empower consumers and to combat energy poverty and demands special focus to be given to the protection of consumers. In this respect, attention is required for the asymmetrical position of energy users vis-à-vis huge companies, otherwise the market remains an unresponsive interface blocking feedback between users and policy makers/regulators. Best practices at local and regional level on important consumer-related issues such as access to information, possibilities of price comparison and insight in bills as well as on the specific position of vulnerable consumers, should be exchanged with help of the Council of European Energy Regulators (CEER); |
| --- | --- |

11.

doubts whether the proposed EC measures are satisfactory to empower consumers and to combat energy poverty and demands special focus to be given to the protection of consumers. In this respect, attention is required for the asymmetrical position of energy users vis-à-vis huge companies, otherwise the market remains an unresponsive interface blocking feedback between users and policy makers/regulators. Best practices at local and regional level on important consumer-related issues such as access to information, possibilities of price comparison and insight in bills as well as on the specific position of vulnerable consumers, should be exchanged with help of the Council of European Energy Regulators (CEER);

| 12. | calls for energy efficiency incentives to be more developed than today and for support to be given to both traditional and modern technological solutions and energy services promoting energy savings. Energy poverty should be addressed by applying reduced pricing mechanisms for electricity or discounts on each supplier's published prices for socially vulnerable or fragile groups (social domestic tariff). At the same time, at local and regional level, special care should be taken to provide opportunities for households from these groups to access dedicated energy renovation programmes. For the remaining consumers there should be a single tariff and tiered energy pricing should be avoided, since it can, as a measure, often inhibit the development of other positive measures, such as for instance the use of heat pumps as alternative heating systems. Lastly, at regional and local level, an information campaign is needed on ways to improve energy efficiency and on the objective and comparative advantages of their application. This can also be supported by specific programmes for energy efficiency; |
| --- | --- |

12.

calls for energy efficiency incentives to be more developed than today and for support to be given to both traditional and modern technological solutions and energy services promoting energy savings. Energy poverty should be addressed by applying reduced pricing mechanisms for electricity or discounts on each supplier's published prices for socially vulnerable or fragile groups (social domestic tariff). At the same time, at local and regional level, special care should be taken to provide opportunities for households from these groups to access dedicated energy renovation programmes. For the remaining consumers there should be a single tariff and tiered energy pricing should be avoided, since it can, as a measure, often inhibit the development of other positive measures, such as for instance the use of heat pumps as alternative heating systems. Lastly, at regional and local level, an information campaign is needed on ways to improve energy efficiency and on the objective and comparative advantages of their application. This can also be supported by specific programmes for energy efficiency;

C.   
  Importance of small-scale generation

| 13. | underlines the importance of both Member States and local/regional governments facilitating local energy solutions (e.g. in the form of cooperations), in the form of small-scale production, smart grid development and demand-side participation as these initiatives form an increasingly important pillar to renew EU energy markets. The CoR advocates an integral approach, not only to facilitate more aware consumption, but also to incentivise small-scale production, smart grid development and strong demand response in distribution networks; |
| --- | --- |

13.

underlines the importance of both Member States and local/regional governments facilitating local energy solutions (e.g. in the form of cooperations), in the form of small-scale production, smart grid development and demand-side participation as these initiatives form an increasingly important pillar to renew EU energy markets. The CoR advocates an integral approach, not only to facilitate more aware consumption, but also to incentivise small-scale production, smart grid development and strong demand response in distribution networks;

| 14. | acknowledges that increasing numbers of consumers will rather invest means in own production, than to be dependent on others ("prosumers", i.e., energy consumers who also produce energy for his/her own needs or those of his/her neighbours), a positive development from the point of view of consumer awareness and sustainability. Small-scale companies and initiatives (households, local communities, neighbourhoods, regional cooperations) will play an increasing role in local/regional energy supply causing positive effects on the local/regional economy and labour market. Small-scale energy producers should therefore have easy access to energy networks/smart grids. Sound rules should be developed, by means of which households and small producers are encouraged to invest in micro-production of energy, for the entrance of these new suppliers to the networks. The CoR calls upon the Commission to pay specific attention to the growing importance of small-scale generation of energy and the specific demands it poses and to stimulate the exchange of best practices at local and regional level, in order to facilitate this development; |
| --- | --- |

14.

acknowledges that increasing numbers of consumers will rather invest means in own production, than to be dependent on others ("prosumers", i.e., energy consumers who also produce energy for his/her own needs or those of his/her neighbours), a positive development from the point of view of consumer awareness and sustainability. Small-scale companies and initiatives (households, local communities, neighbourhoods, regional cooperations) will play an increasing role in local/regional energy supply causing positive effects on the local/regional economy and labour market. Small-scale energy producers should therefore have easy access to energy networks/smart grids. Sound rules should be developed, by means of which households and small producers are encouraged to invest in micro-production of energy, for the entrance of these new suppliers to the networks. The CoR calls upon the Commission to pay specific attention to the growing importance of small-scale generation of energy and the specific demands it poses and to stimulate the exchange of best practices at local and regional level, in order to facilitate this development;

| 15. | stresses that consumer empowerment and the increasing importance of small-scale generation not only asks for a promotion of the roll-out of smart metering systems, but also requires an update of the EU’s concept of smart grids. While the EC expects a "smoothly functioning and smart grid network" to contribute towards the competition in the internal energy market, there is no specific mentioning of the growing importance of small scale production and the potential role of energy consumers as producers and small scale storage facilitators. The CoR therefore believes that the EC’s notion of smart-grids should be updated and available knowledge and innovations exchanged to allow for effective support of small-scale production; |
| --- | --- |

15.

stresses that consumer empowerment and the increasing importance of small-scale generation not only asks for a promotion of the roll-out of smart metering systems, but also requires an update of the EU’s concept of smart grids. While the EC expects a "smoothly functioning and smart grid network" to contribute towards the competition in the internal energy market, there is no specific mentioning of the growing importance of small scale production and the potential role of energy consumers as producers and small scale storage facilitators. The CoR therefore believes that the EC’s notion of smart-grids should be updated and available knowledge and innovations exchanged to allow for effective support of small-scale production;

D.   
  Competitive wholesale markets and market transparency

| 16. | points out that wholesale energy markets provide the price signals which affect the choices of producers and consumers, as well as the investment decisions in production facilities and transmission infrastructure. These signals should reflect the real conditions of energy supply and demand. Greater transparency in wholesale energy markets reduces the risk that markets are manipulated and price signals distorted. The CoR therefore stresses that the application of the REMIT regulation is a key measure to address the shortcomings of the energy market within an EU-wide framework; |
| --- | --- |

16.

points out that wholesale energy markets provide the price signals which affect the choices of producers and consumers, as well as the investment decisions in production facilities and transmission infrastructure. These signals should reflect the real conditions of energy supply and demand. Greater transparency in wholesale energy markets reduces the risk that markets are manipulated and price signals distorted. The CoR therefore stresses that the application of the REMIT regulation is a key measure to address the shortcomings of the energy market within an EU-wide framework;

| 17. | believes that, for the effective functioning of a European energy market, it is crucial to develop network codes, tackle remaining regulatory issues with respect to the European balancing market network code and to establish a co-ordination initiative to address emerging regulatory and technical issues. The CoR supports these measures as a way to create and strengthen a flexible and secure energy market in Europe and believes that the implementation of European network codes, while taking into account regional differences in degree of development, should be continuously monitored by the European Commission, not only to ensure a swift and effective implementation, but also to ensure functionality of the codes and their effectiveness in the market; |
| --- | --- |

17.

believes that, for the effective functioning of a European energy market, it is crucial to develop network codes, tackle remaining regulatory issues with respect to the European balancing market network code and to establish a co-ordination initiative to address emerging regulatory and technical issues. The CoR supports these measures as a way to create and strengthen a flexible and secure energy market in Europe and believes that the implementation of European network codes, while taking into account regional differences in degree of development, should be continuously monitored by the European Commission, not only to ensure a swift and effective implementation, but also to ensure functionality of the codes and their effectiveness in the market;

| 18. | agrees with the Commission on the potential of a harmonised system across Europe. During the development of the code, it has become obvious that a stronger link is necessary between regulations that were created in parallel on EU and Member State level. In this context, the CoR shares the opinion of ACER that the focus of network codes has to remain on the better interconnection between national energy networks; |
| --- | --- |

18.

agrees with the Commission on the potential of a harmonised system across Europe. During the development of the code, it has become obvious that a stronger link is necessary between regulations that were created in parallel on EU and Member State level. In this context, the CoR shares the opinion of ACER that the focus of network codes has to remain on the better interconnection between national energy networks;

| 19. | is convinced of the potentials of gas, especially as balancing power and back-up capacity, but shares the concerns of the Commission with respect to the differences in availability of natural gas infrastructure between regions in Europe. A spread-out of (liquid) gas transport and storage infrastructure to all regions of Europe and the integration of gas and electricity grids would facilitate the realisation of an internal energy market. The CoR therefore agrees with the Commission and ACER that Regional Initiatives should help set up additional regional gas hubs and power exchanges, aiming for full market coupling in electricity across the EU. This requires strengthening the power and gas interconnections with the outermost and island regions. Pilot projects aimed at power-to-gas and gas-to-power concepts should be developed at local/regional level and their findings disseminated; |
| --- | --- |

19.

is convinced of the potentials of gas, especially as balancing power and back-up capacity, but shares the concerns of the Commission with respect to the differences in availability of natural gas infrastructure between regions in Europe. A spread-out of (liquid) gas transport and storage infrastructure to all regions of Europe and the integration of gas and electricity grids would facilitate the realisation of an internal energy market. The CoR therefore agrees with the Commission and ACER that Regional Initiatives should help set up additional regional gas hubs and power exchanges, aiming for full market coupling in electricity across the EU. This requires strengthening the power and gas interconnections with the outermost and island regions. Pilot projects aimed at power-to-gas and gas-to-power concepts should be developed at local/regional level and their findings disseminated;

E.   
  Renewable energy

| 20. | is convinced that pursuing the renewables objective will contribute to the completion of the internal electricity market but recognises that liberalisation based solely on price will not necessarily result in the decarbonisation of the EU's energy system. However, an integrated internal electricity market means less price volatility in specific regional markets, which allows for more efficient deployment and grid integration of renewables, and energy investment should ideally favour renewables. As there is, nonetheless, still a lack of consistency between decisions on renewable energy of individual Member States, the CoR, urges for a common European strategy to develop both market-based and regulatory mechanisms, as voiced by the CoR position in its Opinion on "Renewable Energy", CdR 2182/2012 fin; |
| --- | --- |

20.

is convinced that pursuing the renewables objective will contribute to the completion of the internal electricity market but recognises that liberalisation based solely on price will not necessarily result in the decarbonisation of the EU's energy system. However, an integrated internal electricity market means less price volatility in specific regional markets, which allows for more efficient deployment and grid integration of renewables, and energy investment should ideally favour renewables. As there is, nonetheless, still a lack of consistency between decisions on renewable energy of individual Member States, the CoR, urges for a common European strategy to develop both market-based and regulatory mechanisms, as voiced by the CoR position in its Opinion on "Renewable Energy", CdR 2182/2012 fin;

| 21. | proposes, in order to facilitate the integration of the growing share of wind and solar energy and to guarantee a stable balance of supply and demand, a clear regulatory framework that defines the role of the different actors and enables the search for market-based solutions leading to the right price signals on the energy market. On the demand side, clear price signals will lead to energy savings; on the supply side they’ll give the necessary flexibility. This includes an effective emissions trading system ensuring appropriate incentives for investments in renewable energy and flexibility. The CoR, in order to ensure that the European Union Emissions Trading System provides sufficient incentives to invest in the development of low-carbon technologies, calls for a structural solution to the pressing problem of oversupply of emission allowances; |
| --- | --- |

21.

proposes, in order to facilitate the integration of the growing share of wind and solar energy and to guarantee a stable balance of supply and demand, a clear regulatory framework that defines the role of the different actors and enables the search for market-based solutions leading to the right price signals on the energy market. On the demand side, clear price signals will lead to energy savings; on the supply side they’ll give the necessary flexibility. This includes an effective emissions trading system ensuring appropriate incentives for investments in renewable energy and flexibility. The CoR, in order to ensure that the European Union Emissions Trading System provides sufficient incentives to invest in the development of low-carbon technologies, calls for a structural solution to the pressing problem of oversupply of emission allowances;

| 22. | regrets that, due to a lack of coordination at EU level and the existence of different, often incompatible national support schemes and mechanisms for the remuneration of generation capacities, “regulatory shopping” becomes a key factor behind power plant investment decisions in Europe. The CoR underlines that the development of renewable energy cannot be seen in isolation and must not prevent the functioning of the energy market. Public support schemes in Member States should be clearly targeted, predictable, adapted in scope to the objectives pursued, proportionate and include phase-out provisions to reflect changes in the commercial viability of the type of production supported. Any support measure has to be implemented in compliance with the internal market and relevant EU state aid rules. Authorities, especially in border regions, should take full account of how the electricity system in neighbouring regions/countries is affected by foreseen decisions before implementing new stimulation measures. The CoR supports the Commission’s initiative to issue guidance on best practices in support mechanisms for renewable energy sources; |
| --- | --- |

22.

regrets that, due to a lack of coordination at EU level and the existence of different, often incompatible national support schemes and mechanisms for the remuneration of generation capacities, “regulatory shopping” becomes a key factor behind power plant investment decisions in Europe. The CoR underlines that the development of renewable energy cannot be seen in isolation and must not prevent the functioning of the energy market. Public support schemes in Member States should be clearly targeted, predictable, adapted in scope to the objectives pursued, proportionate and include phase-out provisions to reflect changes in the commercial viability of the type of production supported. Any support measure has to be implemented in compliance with the internal market and relevant EU state aid rules. Authorities, especially in border regions, should take full account of how the electricity system in neighbouring regions/countries is affected by foreseen decisions before implementing new stimulation measures. The CoR supports the Commission’s initiative to issue guidance on best practices in support mechanisms for renewable energy sources;

| 23. | endorses, as presently local and national energy taxation varies widely across the EU, the Commission's initiatives to promote uniform, smarter energy taxation in Europe. A more harmonised tax framework, so as to organise the tax burden on renewable and fossil energies on an objective basis, factoring in the energy content and CO2 emissions for each product, would add to the realisation of the 20/20/20 goals and help to cut CO2 emissions and to achieve the goals of the Energy Roadmap 2050; in this connection, also notes the need to agree an equitable methodology of allocating carbon emissions arising from the generation and consumption of energy across regional and national boundaries in a liberalised pan-European energy transmission and distribution system; |
| --- | --- |

23.

endorses, as presently local and national energy taxation varies widely across the EU, the Commission's initiatives to promote uniform, smarter energy taxation in Europe. A more harmonised tax framework, so as to organise the tax burden on renewable and fossil energies on an objective basis, factoring in the energy content and CO2 emissions for each product, would add to the realisation of the 20/20/20 goals and help to cut CO2 emissions and to achieve the goals of the Energy Roadmap 2050; in this connection, also notes the need to agree an equitable methodology of allocating carbon emissions arising from the generation and consumption of energy across regional and national boundaries in a liberalised pan-European energy transmission and distribution system;

| 24. | stresses, in addition to the use of renewable energy, the importance of energy efficiency and saving. Urban and spatial planning at local/regional level as well as energy efficiency measures and stimulating energy efficient homes and buildings by local/regional authorities will contribute to saving energy and stimulate local energy solutions, including co-generation. The CoR recommends on-going attention for this policy and suggests best practices at local and regional level to be used to strengthen European and national policies in this respect; |
| --- | --- |

24.

stresses, in addition to the use of renewable energy, the importance of energy efficiency and saving. Urban and spatial planning at local/regional level as well as energy efficiency measures and stimulating energy efficient homes and buildings by local/regional authorities will contribute to saving energy and stimulate local energy solutions, including co-generation. The CoR recommends on-going attention for this policy and suggests best practices at local and regional level to be used to strengthen European and national policies in this respect;

F.   
  Capacity mechanisms, demand response and security of energy supply

| 25. | stresses that prematurely introduced and badly designed capacity mechanisms may result in fragmentation of the internal market and hinder investments. The CoR questions the capacity mechanisms of a range of Member States, which are designed to support electricity producers for keeping available their generation capacity to ensure there is sufficient capacity also when variable sources of electricity, such as wind and solar power, are not producing. Conversely, surpluses of energy (e.g. from wind power), should not be channelled through neighbouring countries' grids without first coordinating such measures, as this could distort the energy market in those countries (loop flows). In other cases, a surplus in one area may in fact help resolve a shortage in another area. The CoR endorses the Commission’s policy to look for cross-border solutions. Before any regional or national measures are set, proper analyses should be conducted to confirm there is a capacity problem and there are no alternative solutions, and to verify that the measures proposed take into account cross-border effects. A coordinated approach to security of supply is essential; |
| --- | --- |

25.

stresses that prematurely introduced and badly designed capacity mechanisms may result in fragmentation of the internal market and hinder investments. The CoR questions the capacity mechanisms of a range of Member States, which are designed to support electricity producers for keeping available their generation capacity to ensure there is sufficient capacity also when variable sources of electricity, such as wind and solar power, are not producing. Conversely, surpluses of energy (e.g. from wind power), should not be channelled through neighbouring countries' grids without first coordinating such measures, as this could distort the energy market in those countries (loop flows). In other cases, a surplus in one area may in fact help resolve a shortage in another area. The CoR endorses the Commission’s policy to look for cross-border solutions. Before any regional or national measures are set, proper analyses should be conducted to confirm there is a capacity problem and there are no alternative solutions, and to verify that the measures proposed take into account cross-border effects. A coordinated approach to security of supply is essential;

| 26. | believes that the future European energy market should no longer be determined solely by supply but also by control of demand, especially during peaks in consumption. Actors must pursue a decrease in industrial and household consumption, and create the right conditions for capitalising on the new functionalities of smart grids and smart meters. The CoR therefore favours the development of coordinated capacity mechanisms at European level, which will be able to smooth out peaks in energy consumption, to secure the functioning of European electricity systems (particularly during consumption peaks) and spur on a reduction in electricity consumption; |
| --- | --- |

26.

believes that the future European energy market should no longer be determined solely by supply but also by control of demand, especially during peaks in consumption. Actors must pursue a decrease in industrial and household consumption, and create the right conditions for capitalising on the new functionalities of smart grids and smart meters. The CoR therefore favours the development of coordinated capacity mechanisms at European level, which will be able to smooth out peaks in energy consumption, to secure the functioning of European electricity systems (particularly during consumption peaks) and spur on a reduction in electricity consumption;

| 27. | is convinced that, while constructing the overall European infrastructure vision, the development of infrastructure for distribution system operators (DSOs) should be considered to the same extent as that for transmission system operators (TSOs). The development of distribution infrastructure is essential to achieve the 2020 targets, and is urgently necessary, to connect renewables to smart networks and to integrate decentralised energy products into the system. This endeavour cannot succeed when infrastructure planning stops at transmission level; |
| --- | --- |

27.

is convinced that, while constructing the overall European infrastructure vision, the development of infrastructure for distribution system operators (DSOs) should be considered to the same extent as that for transmission system operators (TSOs). The development of distribution infrastructure is essential to achieve the 2020 targets, and is urgently necessary, to connect renewables to smart networks and to integrate decentralised energy products into the system. This endeavour cannot succeed when infrastructure planning stops at transmission level;

G.   
  Infrastructural networks

| 28. | acknowledges the fact that, as the energy market is increasingly international, interconnections, back-up and storage facilities and infrastructure are essential in realising the internal energy market. The CoR therefore supports the agreement on the European Infrastructure Package that was reached on 27 November 2012 but urges that, next to large-scale (international) investments, also investments in regional or even local networks should be made, including interconnections with isolated or semi-isolated island systems, as energy generation increasingly takes place at local/regional level; |
| --- | --- |

28.

acknowledges the fact that, as the energy market is increasingly international, interconnections, back-up and storage facilities and infrastructure are essential in realising the internal energy market. The CoR therefore supports the agreement on the European Infrastructure Package that was reached on 27 November 2012 but urges that, next to large-scale (international) investments, also investments in regional or even local networks should be made, including interconnections with isolated or semi-isolated island systems, as energy generation increasingly takes place at local/regional level;

| 29. | calls on authorities to address the issue of incentives for the right market investments in generation, transmission, storage and supply/demand balancing facilities and recommends that, next to existing programmes (EEPR, the Connecting Europe Facility, EU Cohesion Policy, TEN-T programme, Horizon 2020), new means of financing for the realisation of infrastructure should be sought for. Public-private partnerships, the mobilisation of private funds, innovative financing agreements or fiscal measures could all be potential ways of acquiring extra funds. In order to let private investments flow in, there is a need for more certainty on which investments reap benefits on the long-term. Therefore the CoR stresses the importance of a (long-term) European energy investment agenda. The simplified access of local/regional authorities to funding from the European Investment Bank (EIB) for sustainable energy projects should be continued. Additionally, regulators should be able to incorporate improvements of infrastructure and the realisation of back-up and storage facilities in energy tariffs; |
| --- | --- |

29.

calls on authorities to address the issue of incentives for the right market investments in generation, transmission, storage and supply/demand balancing facilities and recommends that, next to existing programmes (EEPR, the Connecting Europe Facility, EU Cohesion Policy, TEN-T programme, Horizon 2020), new means of financing for the realisation of infrastructure should be sought for. Public-private partnerships, the mobilisation of private funds, innovative financing agreements or fiscal measures could all be potential ways of acquiring extra funds. In order to let private investments flow in, there is a need for more certainty on which investments reap benefits on the long-term. Therefore the CoR stresses the importance of a (long-term) European energy investment agenda. The simplified access of local/regional authorities to funding from the European Investment Bank (EIB) for sustainable energy projects should be continued. Additionally, regulators should be able to incorporate improvements of infrastructure and the realisation of back-up and storage facilities in energy tariffs;

| 30. | suggests that streamlining authorisation procedures within the EU and an improved cost allocation for cross-border projects will contribute to the development of infrastructure networks and unlocking investments. Moreover, this could lead to a boost of supply security in the EU and the integration of renewable energy by improving the transportation possibilities of energy. Local and regional authorities should play an important role in this respect by simplifying planning procedures and integrating energy infrastructure in their local and regional planning schemes; |
| --- | --- |

30.

suggests that streamlining authorisation procedures within the EU and an improved cost allocation for cross-border projects will contribute to the development of infrastructure networks and unlocking investments. Moreover, this could lead to a boost of supply security in the EU and the integration of renewable energy by improving the transportation possibilities of energy. Local and regional authorities should play an important role in this respect by simplifying planning procedures and integrating energy infrastructure in their local and regional planning schemes;

| 31. | the CoR considers that expenditure on the energy network and its expansion, which is carried out in the interests of both the environment and the consumer throughout the EU, should be shared on the basis of solidarity and not supported exclusively by the country where the network is being expanded. The CoR therefore supports the further development and implementation of robust "cost allocation" mechanisms in the Regulation for the Energy Infrastructure Package, and the activities currently being carried out by the supervisory bodies ACER and ENTSOG with a view to further shaping this policy; |
| --- | --- |

31.

the CoR considers that expenditure on the energy network and its expansion, which is carried out in the interests of both the environment and the consumer throughout the EU, should be shared on the basis of solidarity and not supported exclusively by the country where the network is being expanded. The CoR therefore supports the further development and implementation of robust "cost allocation" mechanisms in the Regulation for the Energy Infrastructure Package, and the activities currently being carried out by the supervisory bodies ACER and ENTSOG with a view to further shaping this policy;

H.   
  Smart grids

| 32. | strongly supports the urgent need for the modernisation of existing grids and developing smart grids, and endorses cooperation in the development of smart grids at European, national and regional level and the development of European standards for smart grids. National and regional action plans for the modernisation of networks are a necessary addition to the existing plans. Research and development programmes (Framework Programme, Intelligent Energy Europe) should assist industry in this respect. Especially, pilot projects at local and/or regional level could demonstrate the possibilities for smart grids and help to roll-out grids throughout Europe. The CoR therefore calls upon the Commission to collaborate with local and regional authorities in producing action plans for the deployment of smart grids; |
| --- | --- |

32.

strongly supports the urgent need for the modernisation of existing grids and developing smart grids, and endorses cooperation in the development of smart grids at European, national and regional level and the development of European standards for smart grids. National and regional action plans for the modernisation of networks are a necessary addition to the existing plans. Research and development programmes (Framework Programme, Intelligent Energy Europe) should assist industry in this respect. Especially, pilot projects at local and/or regional level could demonstrate the possibilities for smart grids and help to roll-out grids throughout Europe. The CoR therefore calls upon the Commission to collaborate with local and regional authorities in producing action plans for the deployment of smart grids;

| 33. | stresses that, to realise this conversion of the network into smart grids, funds are needed in addition to the investments for the creation of new infrastructure. Studies should be undertaken into whether regulators should make it possible for operators to incorporate this financial obligation in their tariff structure, which is currently not allowed. Furthermore, the CoR calls for methodologies for benchmarking of tariffs and of transmission and supply network-access costs, established by the regulators, to incorporate not only quantitative aspects (costs) but also qualitative aspects (e.g. network quality reliability criteria) so as to maintain the current level of network quality; |
| --- | --- |

33.

stresses that, to realise this conversion of the network into smart grids, funds are needed in addition to the investments for the creation of new infrastructure. Studies should be undertaken into whether regulators should make it possible for operators to incorporate this financial obligation in their tariff structure, which is currently not allowed. Furthermore, the CoR calls for methodologies for benchmarking of tariffs and of transmission and supply network-access costs, established by the regulators, to incorporate not only quantitative aspects (costs) but also qualitative aspects (e.g. network quality reliability criteria) so as to maintain the current level of network quality;

| 34. | stipulates that it is absolutely crucial for a quick modernisation and smartening of grids that the regulatory frame-work encourages the necessary investments through a fair return, and provides clearness in roles and responsibilities without delay. As network companies need a stable, predictable, supportive and long-term regulatory framework that will incentivise and facilitate the innovations that are needed, a long-term vision is required; |
| --- | --- |

34.

stipulates that it is absolutely crucial for a quick modernisation and smartening of grids that the regulatory frame-work encourages the necessary investments through a fair return, and provides clearness in roles and responsibilities without delay. As network companies need a stable, predictable, supportive and long-term regulatory framework that will incentivise and facilitate the innovations that are needed, a long-term vision is required;

| 35. | Emphasises that transparency and the participation of citizens and communities in grid planning, development and implementation are critical conditions for public acceptance. The process of grid planning has to be re-designed to make it fit for purpose in a new era of energy efficiency, renewables and demand management and to ensure maximum flexibility and resilience within the system. Agrees that the grid planning process has to be inclusive, transparent and democratic. |
| --- | --- |

35.

Emphasises that transparency and the participation of citizens and communities in grid planning, development and implementation are critical conditions for public acceptance. The process of grid planning has to be re-designed to make it fit for purpose in a new era of energy efficiency, renewables and demand management and to ensure maximum flexibility and resilience within the system. Agrees that the grid planning process has to be inclusive, transparent and democratic.

Brussels, 4 July 2013.

The President of the Committee of the Regions

Ramón Luis VALCÁRCEL SISO

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| 27.9.2013 | EN | Official Journal of the European Union | C 280/44 |
| --- | --- | --- | --- |

27.9.2013

EN

Official Journal of the European Union

C 280/44

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Opinion of the Committee of the Regions on ‘The review of the European Union’s key waste targets’

2013/C 280/09

THE COMMITTEE OF THE REGIONS

| — | stresses that more effective waste prevention as well as fully implementation of the "polluter pays" principle would limit the financial and organisational burden on the local and regional authorities; calls for the introduction of ambitious, binding targets, based on the best results obtained to date. By 2020, the quantity of municipal waste generated per person should be reduced by 10% in comparison with the levels recorded in 2010; |
| --- | --- |

—

stresses that more effective waste prevention as well as fully implementation of the "polluter pays" principle would limit the financial and organisational burden on the local and regional authorities; calls for the introduction of ambitious, binding targets, based on the best results obtained to date. By 2020, the quantity of municipal waste generated per person should be reduced by 10% in comparison with the levels recorded in 2010;

| — | calls for Member States to be given binding, quantitative, separate, minimum targets for each category of waste that is defined as reusable; taking into account the level of compliance with the current targets throughout the EU: |
| --- | --- |

—

calls for Member States to be given binding, quantitative, separate, minimum targets for each category of waste that is defined as reusable; taking into account the level of compliance with the current targets throughout the EU:

| — | is in favour of exploring options to raise the current mandatory target for the recycling of solid municipal waste to 70% by 2025, taking into account the level of compliance with the current target throughout the EU, and with intermediate targets and transitional periods to be negotiated; |
| --- | --- |

—

is in favour of exploring options to raise the current mandatory target for the recycling of solid municipal waste to 70% by 2025, taking into account the level of compliance with the current target throughout the EU, and with intermediate targets and transitional periods to be negotiated;

| — | calls for the adoption of recycling targets for industrial waste. These targets could be set for specific types of material rather than types of waste and should be just as ambitious as those set for household waste; |
| --- | --- |

—

calls for the adoption of recycling targets for industrial waste. These targets could be set for specific types of material rather than types of waste and should be just as ambitious as those set for household waste;

| — | stresses the need to adopt the most stringent common standards for waste sorting and cleaning. By 2020, 100% of waste should be subjected to selective sorting; |
| --- | --- |

—

stresses the need to adopt the most stringent common standards for waste sorting and cleaning. By 2020, 100% of waste should be subjected to selective sorting;

| — | calls for the landfilling of all forms of organic or biodegradable waste that can be reused, wholly or partly recycled or that has value in terms of energy recovery, to be prohibited by 2020. The overall target could be that 5% or less of the amount of waste of all kinds and origins are placed in landfill; |
| --- | --- |

—

calls for the landfilling of all forms of organic or biodegradable waste that can be reused, wholly or partly recycled or that has value in terms of energy recovery, to be prohibited by 2020. The overall target could be that 5% or less of the amount of waste of all kinds and origins are placed in landfill;

| — | is in favour of exploring options to raise the target for recycling plastic packaging – for plastics of all kinds – to 70% and the recycling targets for glass, metal, paper, cardboard and wood to 80%, taking into account the level of compliance with the current targets throughout the EU, and with intermediate targets and transitional periods to be negotiated. |
| --- | --- |

—

is in favour of exploring options to raise the target for recycling plastic packaging – for plastics of all kinds – to 70% and the recycling targets for glass, metal, paper, cardboard and wood to 80%, taking into account the level of compliance with the current targets throughout the EU, and with intermediate targets and transitional periods to be negotiated.

| Rapporteur | Michel LEBRUN (BE/EPP), Member of the Parliament of the French Community |
| --- | --- |
| Reference document | Referral letter from the European Commission, 14 December 2012 |

Rapporteur

Michel LEBRUN (BE/EPP), Member of the Parliament of the French Community

Reference document

Referral letter from the European Commission, 14 December 2012

I.   POLICY RECOMMENDATIONS

THE COMMITTEE OF THE REGIONS

| 1. | believes that the aim of a responsible, sustainable waste prevention and management policy must be to reduce the negative environmental and health impacts of waste generation and management as much as possible and to preserve natural resources and to reintroduce materials into the economic circuit before they become waste; |
| --- | --- |

1.

believes that the aim of a responsible, sustainable waste prevention and management policy must be to reduce the negative environmental and health impacts of waste generation and management as much as possible and to preserve natural resources and to reintroduce materials into the economic circuit before they become waste;

| 2. | takes note of the progress that has been made in the area of waste prevention and treatment, as a result of the proactive European regulatory framework. It welcomes the fact that a number of Member States and local and regional authorities (LRAs) have exceeded the targets set by the EU in this regard. The future legislation must encourage the last performing Member States and LRAs to pursue their efforts to improve their performance levels; |
| --- | --- |

2.

takes note of the progress that has been made in the area of waste prevention and treatment, as a result of the proactive European regulatory framework. It welcomes the fact that a number of Member States and local and regional authorities (LRAs) have exceeded the targets set by the EU in this regard. The future legislation must encourage the last performing Member States and LRAs to pursue their efforts to improve their performance levels;

| 3. | notes that there are great disparities between Member States with regard to waste management. Support should be given to the development of infrastructures, methods and capacities for good waste management by and for the least performing Member States and LRAs, in particular by strengthening national and regional cooperation at local and international level; |
| --- | --- |

3.

notes that there are great disparities between Member States with regard to waste management. Support should be given to the development of infrastructures, methods and capacities for good waste management by and for the least performing Member States and LRAs, in particular by strengthening national and regional cooperation at local and international level;

| 4. | stresses the importance of European waste statistics to further develop data also for the regional level. It welcomes in this context that Eurostat's database already includes data on recycling of municipal waste for regions in several countries. It is useful to assess the regional differences in waste management because substantial differences within countries indicate the importance and relative success of regional policies (1); |
| --- | --- |

4.

stresses the importance of European waste statistics to further develop data also for the regional level. It welcomes in this context that Eurostat's database already includes data on recycling of municipal waste for regions in several countries. It is useful to assess the regional differences in waste management because substantial differences within countries indicate the importance and relative success of regional policies (1);

| 5. | is aware that this Opinion is intended to feed into the upstream preparations for the evaluation and review of the legislation currently in force. The new targets that will emerge from this process should deliver on the "aspirational objectives" as set out in the Resource Efficiency Roadmap (2) and to be incorporated in the 7th Environment Action Programme (3) – which will contribute towards achieving the objectives of the Europe 2020 strategy for smart, sustainable, inclusive growth – as well as supporting the measures included in the EU Initiative on the preservation of raw materials (4); |
| --- | --- |

5.

is aware that this Opinion is intended to feed into the upstream preparations for the evaluation and review of the legislation currently in force. The new targets that will emerge from this process should deliver on the "aspirational objectives" as set out in the Resource Efficiency Roadmap (2) and to be incorporated in the 7th Environment Action Programme (3) – which will contribute towards achieving the objectives of the Europe 2020 strategy for smart, sustainable, inclusive growth – as well as supporting the measures included in the EU Initiative on the preservation of raw materials (4);

| 6. | welcomes the European Commission’s request that the Committee of the Regions (CoR) issue an opinion on the review of the EU targets contained in the Waste Framework Directive (5), the Landfill Directive (6) and the Packaging and Packaging Waste Directive (7); |
| --- | --- |

6.

welcomes the European Commission’s request that the Committee of the Regions (CoR) issue an opinion on the review of the EU targets contained in the Waste Framework Directive (5), the Landfill Directive (6) and the Packaging and Packaging Waste Directive (7);

| 7. | believes that the proposal for more ambitious targets at EU level must first take account of the evaluation of the reasons for non-compliance with the current targets in each region, even if transitional periods and intermediate targets are established for the least advanced Member States and regional and local authorities; |
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7.

believes that the proposal for more ambitious targets at EU level must first take account of the evaluation of the reasons for non-compliance with the current targets in each region, even if transitional periods and intermediate targets are established for the least advanced Member States and regional and local authorities;

| 8. | emphasises the key role played by LRAs in the implementation of European legislation in this area, the creation and financing of waste treatment and disposal infrastructures and the operational management of waste streams. Optimum waste management is currently one of the biggest challenges facing LRAs. In this context, the CoR asks that it be involved at all stages of policy-making for the policies to be adopted in this field; |
| --- | --- |

8.

emphasises the key role played by LRAs in the implementation of European legislation in this area, the creation and financing of waste treatment and disposal infrastructures and the operational management of waste streams. Optimum waste management is currently one of the biggest challenges facing LRAs. In this context, the CoR asks that it be involved at all stages of policy-making for the policies to be adopted in this field;

| 9. | stresses that by making the assessment of European waste policy one of the five priorities in its 2013 subsidiarity work programme, the CoR demonstrated its determination to ensure that LRAs have greater input when it comes to determining the new targets they will have to work towards. In this context, the CoR calls for LRAs to be involved and cooperate at a level fully commensurate with the principle of subsidiarity. The CoR has conducted a subsidiarity-related consultation of its Subsidiarity Expert Group and partners of the Subsidiarity Monitoring Network on the review of EU waste legislation; |
| --- | --- |

9.

stresses that by making the assessment of European waste policy one of the five priorities in its 2013 subsidiarity work programme, the CoR demonstrated its determination to ensure that LRAs have greater input when it comes to determining the new targets they will have to work towards. In this context, the CoR calls for LRAs to be involved and cooperate at a level fully commensurate with the principle of subsidiarity. The CoR has conducted a subsidiarity-related consultation of its Subsidiarity Expert Group and partners of the Subsidiarity Monitoring Network on the review of EU waste legislation;

| 10. | notes the need to ensure compliance with the principle of proportionality when the new targets are set. The CoR calls on the EU, in accordance with the precautionary principle, to take account of the impact new measures might have on LRAs, their budgets, and their administrative and operational capacity. Particular attention should be paid to the feasibility of the future policies for the worst performing Member States and LRAs. If the final targets are to be achieved, decoupled intermediate targets will have to be set and LRAs will have to be given a degree of operational flexibility. In this context, account must be taken of geographical, demographic and socio-economic characteristics; |
| --- | --- |

10.

notes the need to ensure compliance with the principle of proportionality when the new targets are set. The CoR calls on the EU, in accordance with the precautionary principle, to take account of the impact new measures might have on LRAs, their budgets, and their administrative and operational capacity. Particular attention should be paid to the feasibility of the future policies for the worst performing Member States and LRAs. If the final targets are to be achieved, decoupled intermediate targets will have to be set and LRAs will have to be given a degree of operational flexibility. In this context, account must be taken of geographical, demographic and socio-economic characteristics;

| 11. | calls for the review of the targets to be underpinned by the principle of proximity. This principle is to be understood in both a local and international sense: in other words, the future legislation will have to focus, as a priority, on maintaining and developing waste management activities within Europe. The CoR calls for steps to be taken to ensure that the review of the targets does not damage the competitiveness of and level playing field for the European public- and private-sector players active in this sector and that it supports this sector of economic activity within the European Union; |
| --- | --- |

11.

calls for the review of the targets to be underpinned by the principle of proximity. This principle is to be understood in both a local and international sense: in other words, the future legislation will have to focus, as a priority, on maintaining and developing waste management activities within Europe. The CoR calls for steps to be taken to ensure that the review of the targets does not damage the competitiveness of and level playing field for the European public- and private-sector players active in this sector and that it supports this sector of economic activity within the European Union;

For a common language on waste management

| 12. | urges that a single, effective and transparent method for calculating waste be adopted within the European Union to enable the targets to be streamlined and allow comparisons to be made between the various situations and levels of progress achieved; when adopting this method, account should be taken of the local circumstances in individual Member States; requests in particular that the current four calculation methods for the target for household and similar waste of the Waste Framework Directive (8), to be replaced by one transparent, credible and ambitious calculation method; |
| --- | --- |

12.

urges that a single, effective and transparent method for calculating waste be adopted within the European Union to enable the targets to be streamlined and allow comparisons to be made between the various situations and levels of progress achieved; when adopting this method, account should be taken of the local circumstances in individual Member States; requests in particular that the current four calculation methods for the target for household and similar waste of the Waste Framework Directive (8), to be replaced by one transparent, credible and ambitious calculation method;

| 13. | calls for the creation of a European lexicon, setting out a clear and comprehensive list of the terminology used in connection with waste, waste treatment, re-use, recycling and recovery methods and the structures, infrastructures and players in this sector; |
| --- | --- |

13.

calls for the creation of a European lexicon, setting out a clear and comprehensive list of the terminology used in connection with waste, waste treatment, re-use, recycling and recovery methods and the structures, infrastructures and players in this sector;

| 14. | supports the creation of a European waste nomenclature encompassing all waste streams, to ensure that they can be ascribed irrefutably to a particular category in the waste hierarchy; |
| --- | --- |

14.

supports the creation of a European waste nomenclature encompassing all waste streams, to ensure that they can be ascribed irrefutably to a particular category in the waste hierarchy;

The Waste Framework Directive: further strengthening and new targets

| 15. | calls for the targets to be decoupled and for separate targets to be set, within the overall objectives for each level of the waste hierarchy, for the different types of waste streams and materials that will need to be treated; |
| --- | --- |

15.

calls for the targets to be decoupled and for separate targets to be set, within the overall objectives for each level of the waste hierarchy, for the different types of waste streams and materials that will need to be treated;

| 16. | calls for specific targets for critical materials which are important for the economy but will not be recovered by waste streams specific targets alone; |
| --- | --- |

16.

calls for specific targets for critical materials which are important for the economy but will not be recovered by waste streams specific targets alone;

| 17. | calls for the adoption of the principle whereby the various types of waste would be automatically moved up to the highest accessible step in the hierarchy. When waste streams are ascribed to a category within the waste hierarchy, the key factor should be the nature of the materials they contain rather than the type of waste; |
| --- | --- |

17.

calls for the adoption of the principle whereby the various types of waste would be automatically moved up to the highest accessible step in the hierarchy. When waste streams are ascribed to a category within the waste hierarchy, the key factor should be the nature of the materials they contain rather than the type of waste;

| 18. | wishes activities connected with the upper levels of the waste hierarchy to be given priority when it comes to EU funding. Subsidies should only be awarded for projects at the lower levels once all the measures required to meet the targets set for the upper levels have been implemented; |
| --- | --- |

18.

wishes activities connected with the upper levels of the waste hierarchy to be given priority when it comes to EU funding. Subsidies should only be awarded for projects at the lower levels once all the measures required to meet the targets set for the upper levels have been implemented;

Prevention

| 19. | notes that managing waste only has a limited impact on its environmental effects. This means that sustainable waste management should be encouraged, which will promote the replacement of natural resources with materials produced from waste. Waste prevention remains the priority and principal means of reducing the burden on the environment; |
| --- | --- |

19.

notes that managing waste only has a limited impact on its environmental effects. This means that sustainable waste management should be encouraged, which will promote the replacement of natural resources with materials produced from waste. Waste prevention remains the priority and principal means of reducing the burden on the environment;

| 20. | stresses that more effective waste prevention as well as fully implementation of the "polluter pays" principle would limit the financial and organisational burden on the LRAs which have responsibility for waste management; |
| --- | --- |

20.

stresses that more effective waste prevention as well as fully implementation of the "polluter pays" principle would limit the financial and organisational burden on the LRAs which have responsibility for waste management;

| 21. | calls for the introduction of more stringent standards with respect to waste prevention. Ambitious, binding targets should be set, based on the best results obtained to date. Accordingly, by 2020, the quantity of municipal waste generated per person should be reduced by 10% in comparison with the levels recorded in 2010, however when the overall waste reduction target of the new directive and the per person target conflict the former should be regarded as the prevailing one; |
| --- | --- |

21.

calls for the introduction of more stringent standards with respect to waste prevention. Ambitious, binding targets should be set, based on the best results obtained to date. Accordingly, by 2020, the quantity of municipal waste generated per person should be reduced by 10% in comparison with the levels recorded in 2010, however when the overall waste reduction target of the new directive and the per person target conflict the former should be regarded as the prevailing one;

| 22. | calls for the adoption of measures to reduce food and packaging waste and the creation of additional ways of providing impoverished families in need of help with food that is still fit for consumption. These should include measures to ensure that consumers are better informed about "best-before" and "use-by" dates, the carbon footprint of products and the environmental benefits of reusable packaging. Efforts should be made to raise public awareness of the need to bring food purchases into line with actual needs and to include the type of packaging in their purchasing decisions. In addition, the reduction of food waste should be included on the curriculum for training in the areas of production, processing, catering and retail; |
| --- | --- |

22.

calls for the adoption of measures to reduce food and packaging waste and the creation of additional ways of providing impoverished families in need of help with food that is still fit for consumption. These should include measures to ensure that consumers are better informed about "best-before" and "use-by" dates, the carbon footprint of products and the environmental benefits of reusable packaging. Efforts should be made to raise public awareness of the need to bring food purchases into line with actual needs and to include the type of packaging in their purchasing decisions. In addition, the reduction of food waste should be included on the curriculum for training in the areas of production, processing, catering and retail;

Extended Producer and Importer Responsibility, Eco-design

| 23. | notes that the principle of Extended Producer and Importer Responsibility has acted in certain cases as an effective lever in waste prevention policy. As well as encouraging more systematic collection of used products, it provides producers and importers with an effective incentive to make changes in product design to improve their eco-efficiency and eco-design; |
| --- | --- |

23.

notes that the principle of Extended Producer and Importer Responsibility has acted in certain cases as an effective lever in waste prevention policy. As well as encouraging more systematic collection of used products, it provides producers and importers with an effective incentive to make changes in product design to improve their eco-efficiency and eco-design;

| 24. | recognises that the cost of Extended Producer and Importer Responsibility is passed on to end users and consumers, whilst the margins that are generated are not injected back into the waste management process. The CoR urges that the funds resulting from implementing and monitoring the measures adopted in connection with this principle be devoted to financing infrastructures for waste sorting, preparation for re-use and recycling; |
| --- | --- |

24.

recognises that the cost of Extended Producer and Importer Responsibility is passed on to end users and consumers, whilst the margins that are generated are not injected back into the waste management process. The CoR urges that the funds resulting from implementing and monitoring the measures adopted in connection with this principle be devoted to financing infrastructures for waste sorting, preparation for re-use and recycling;

| 25. | requests that the principle of Product Stewardship should be introduced into EU waste legislation to give retailers a greater responsibility in supporting the collection and return of products to manufacturers; |
| --- | --- |

25.

requests that the principle of Product Stewardship should be introduced into EU waste legislation to give retailers a greater responsibility in supporting the collection and return of products to manufacturers;

| 26. | requests that Member States should be required to benchmark common products where built-in obsolescence is commonplace, assessing longevity, repairability and reusability. This data should then be used to set minimum standards within five years. Manufacturers should be required to sell products with extended warranties and make component parts available for repair. Enterprises should be supported which provide consumer products such as large domestic appliances as a service rather than as a purchase, as this will increase the demand for products with a long-life, repairable design; |
| --- | --- |

26.

requests that Member States should be required to benchmark common products where built-in obsolescence is commonplace, assessing longevity, repairability and reusability. This data should then be used to set minimum standards within five years. Manufacturers should be required to sell products with extended warranties and make component parts available for repair. Enterprises should be supported which provide consumer products such as large domestic appliances as a service rather than as a purchase, as this will increase the demand for products with a long-life, repairable design;

| 27. | would like legislation in the area of eco-design to be strengthened to ensure that better procedures for dismantling, cleaning, recycling and recovering waste are included at the product design stage. The application of the highest possible standards in this area would provide incentives for moving certain types of waste up the waste hierarchy; |
| --- | --- |

27.

would like legislation in the area of eco-design to be strengthened to ensure that better procedures for dismantling, cleaning, recycling and recovering waste are included at the product design stage. The application of the highest possible standards in this area would provide incentives for moving certain types of waste up the waste hierarchy;

| 28. | supports the idea of increasing EU R&D support to the eco-design sector via the Structural and Cohesion Funds and the European Investment Bank, whilst noting that alongside these efforts, greater attention must be paid to the distorting effects that the adoption of new standards might have on competition; |
| --- | --- |

28.

supports the idea of increasing EU R&D support to the eco-design sector via the Structural and Cohesion Funds and the European Investment Bank, whilst noting that alongside these efforts, greater attention must be paid to the distorting effects that the adoption of new standards might have on competition;

Re-use and preparing for re-use

| 29. | calls for Member States to be given binding, quantitative, separate, minimum targets for each category of waste that is defined as reusable, taking into account the level of compliance with the current targets throughout the EU; |
| --- | --- |

29.

calls for Member States to be given binding, quantitative, separate, minimum targets for each category of waste that is defined as reusable, taking into account the level of compliance with the current targets throughout the EU;

| 30. | emphasises the potential that re-using waste and preparing for re-use represents for the development of the circular economy. Support measures should be introduced for players developing an activity in this sector, in the form of easing access to waste streams and providing financial and other support to assist them in getting their economic and business projects off the ground; |
| --- | --- |

30.

emphasises the potential that re-using waste and preparing for re-use represents for the development of the circular economy. Support measures should be introduced for players developing an activity in this sector, in the form of easing access to waste streams and providing financial and other support to assist them in getting their economic and business projects off the ground;

| 31. | calls for stakeholders from the social economy to be involved in drawing up the future European legislation on the re-use and preparations for the re-use of waste; |
| --- | --- |

31.

calls for stakeholders from the social economy to be involved in drawing up the future European legislation on the re-use and preparations for the re-use of waste;

Recycling

| 32. | regrets that, despite the gradual improvements in the figures on recycling and energy recovery, a considerable volume of waste that could be recycled or recovered continues to end up in landfill or to be incinerated in energy inefficient facilities. The future legislation should aim to improve the use of the resources contained in waste; |
| --- | --- |

32.

regrets that, despite the gradual improvements in the figures on recycling and energy recovery, a considerable volume of waste that could be recycled or recovered continues to end up in landfill or to be incinerated in energy inefficient facilities. The future legislation should aim to improve the use of the resources contained in waste;

| 33. | is in favour of exploring options to raise the current mandatory target for the recycling of solid municipal waste to 70% by 2025, taking into account the level of compliance with the current target throughout the EU (9). Within the overall EU average target, intermediate targets and transitional periods should be negotiated with Member States and LRAs, particularly the least advanced; |
| --- | --- |

33.

is in favour of exploring options to raise the current mandatory target for the recycling of solid municipal waste to 70% by 2025, taking into account the level of compliance with the current target throughout the EU (9). Within the overall EU average target, intermediate targets and transitional periods should be negotiated with Member States and LRAs, particularly the least advanced;

| 34. | anticipates that raising the general targets will result in some of the waste streams that are currently incinerated or landfilled being redirected towards recycling. As a result of the corresponding increase in the volume of waste to be recycled, new infrastructures will need to be created and new investments made in this sector. LRAs, which generally have operational responsibility for waste management, should be able to access logistical and financial support, where necessary. At the same time, support should also be given to the preservation of raw materials and to the reuse of materials; |
| --- | --- |

34.

anticipates that raising the general targets will result in some of the waste streams that are currently incinerated or landfilled being redirected towards recycling. As a result of the corresponding increase in the volume of waste to be recycled, new infrastructures will need to be created and new investments made in this sector. LRAs, which generally have operational responsibility for waste management, should be able to access logistical and financial support, where necessary. At the same time, support should also be given to the preservation of raw materials and to the reuse of materials;

| 35. | reiterates its call for the EU to introduce a legal framework for recycling targets for biowaste within the revised Waste Framework Directive. This would encourage the development of this sector and set quantitative objectives, whilst giving each Member State and LRA the freedom to organise biowaste recycling and to cooperate in this area in accordance with its particular circumstances; |
| --- | --- |

35.

reiterates its call for the EU to introduce a legal framework for recycling targets for biowaste within the revised Waste Framework Directive. This would encourage the development of this sector and set quantitative objectives, whilst giving each Member State and LRA the freedom to organise biowaste recycling and to cooperate in this area in accordance with its particular circumstances;

| 36. | calls for particular attention to be paid to the use of biowaste. LRAs should be encouraged to adopt measures to foster eco-friendly gardening and individual composting and to develop their own biowaste storage and treatment capacity; |
| --- | --- |

36.

calls for particular attention to be paid to the use of biowaste. LRAs should be encouraged to adopt measures to foster eco-friendly gardening and individual composting and to develop their own biowaste storage and treatment capacity;

| 37. | is in favour of optimising the recycling of biowaste and calls for the prohibition of landfilling and limitations on incineration for this type of waste. The quality requirements for compost need to be harmonised at European level and quality assurance systems need to be established for output products in order to ensure a high level of environmental protection; |
| --- | --- |

37.

is in favour of optimising the recycling of biowaste and calls for the prohibition of landfilling and limitations on incineration for this type of waste. The quality requirements for compost need to be harmonised at European level and quality assurance systems need to be established for output products in order to ensure a high level of environmental protection;

| 38. | calls for the adoption of recycling targets for industrial waste. These targets could be set for specific types of material rather than types of waste and should be just as ambitious as those set for household waste; |
| --- | --- |

38.

calls for the adoption of recycling targets for industrial waste. These targets could be set for specific types of material rather than types of waste and should be just as ambitious as those set for household waste;

| 39. | draws attention to the fact that including industrial waste in the stream destined for recycling will put a considerably higher burden on LRAs. Steps must be taken to ensure that they have the necessary resources to meet their responsibilities. Therefore the “polluter pays” principle should be fully implemented in all Member States; |
| --- | --- |

39.

draws attention to the fact that including industrial waste in the stream destined for recycling will put a considerably higher burden on LRAs. Steps must be taken to ensure that they have the necessary resources to meet their responsibilities. Therefore the “polluter pays” principle should be fully implemented in all Member States;

| 40. | stresses the need to adopt the most stringent common standards for waste sorting and cleaning, not only for households and industries but also for waste-sorting centres themselves. By 2020, 100% of waste should be subjected to selective sorting. The Committee also considers that intermediate targets and transitional periods should be introduced for those Member States and local and regional authorities that have not yet achieved satisfactory progress with regard to waste recycling, to be agreed with them. Alongside higher waste collection and sorting targets, it calls for adequate financial means to be provided, and for monitoring measures to be stepped up; |
| --- | --- |

40.

stresses the need to adopt the most stringent common standards for waste sorting and cleaning, not only for households and industries but also for waste-sorting centres themselves. By 2020, 100% of waste should be subjected to selective sorting. The Committee also considers that intermediate targets and transitional periods should be introduced for those Member States and local and regional authorities that have not yet achieved satisfactory progress with regard to waste recycling, to be agreed with them. Alongside higher waste collection and sorting targets, it calls for adequate financial means to be provided, and for monitoring measures to be stepped up;

Energy recovery

| 41. | endorses the European Parliament's request (10) that the European Commission propose a ban on the incineration of recyclable and biowaste by 2020 but would exclude those plants which achieve very high levels of efficiency through heat-only generation Combined Heat and Power or cogeneration, taking account of the physico-chemical characteristics of the waste; |
| --- | --- |

41.

endorses the European Parliament's request (10) that the European Commission propose a ban on the incineration of recyclable and biowaste by 2020 but would exclude those plants which achieve very high levels of efficiency through heat-only generation Combined Heat and Power or cogeneration, taking account of the physico-chemical characteristics of the waste;

| 42. | is concerned that the incinerators currently in operation in some EU Member States have the capacity to burn more non-recyclable waste than the volume actually generated in these countries, meaning that waste streams which could be recycled or re-used risk being directed towards these incinerators; |
| --- | --- |

42.

is concerned that the incinerators currently in operation in some EU Member States have the capacity to burn more non-recyclable waste than the volume actually generated in these countries, meaning that waste streams which could be recycled or re-used risk being directed towards these incinerators;

| 43. | regrets that, in order to ensure the survival of certain incinerators that are redundant or have excess capacity, some Member States have not made sufficient investments in waste prevention, sorting and recycling; |
| --- | --- |

43.

regrets that, in order to ensure the survival of certain incinerators that are redundant or have excess capacity, some Member States have not made sufficient investments in waste prevention, sorting and recycling;

| 44. | calls for particularly careful analysis of all future investment or funding for incineration facilities and energy recovery. Structural and cohesion funding should only be allocated to projects of this kind if they form part of a coherent waste management strategy, which includes sufficient facilities for the earlier stages of sorting, cleaning and recycling the waste collected; |
| --- | --- |

44.

calls for particularly careful analysis of all future investment or funding for incineration facilities and energy recovery. Structural and cohesion funding should only be allocated to projects of this kind if they form part of a coherent waste management strategy, which includes sufficient facilities for the earlier stages of sorting, cleaning and recycling the waste collected;

| 45. | wishes energy recovery infrastructures to be equipped to meet the highest standards in terms of heat recovery, energy production, the restriction of CO2 emissions and the recovery and use of clinker. These proactive, common standards should be laid down at European level; |
| --- | --- |

45.

wishes energy recovery infrastructures to be equipped to meet the highest standards in terms of heat recovery, energy production, the restriction of CO2 emissions and the recovery and use of clinker. These proactive, common standards should be laid down at European level;

The Directive on the Landfill of Waste

| 46. | calls for the landfilling of all forms of organic or biodegradable waste that can be reused, wholly or partly recycled or that has value in terms of energy recovery, to be prohibited by 2020. The overall target could be that 5% or less of the amount of waste of all kinds and origins are placed in landfill; |
| --- | --- |

46.

calls for the landfilling of all forms of organic or biodegradable waste that can be reused, wholly or partly recycled or that has value in terms of energy recovery, to be prohibited by 2020. The overall target could be that 5% or less of the amount of waste of all kinds and origins are placed in landfill;

| 47. | notes that raising the levy for each tonne of waste that is landfilled would be an effective lever for limiting the quantity of waste and encouraging waste streams to be moved up the waste hierarchy. The key criterion for setting levies should be their effectiveness. The harmonisation of the levies by the EU by setting minimum standards could be considered, so as to prevent the emergence of distortions in this sector; |
| --- | --- |

47.

notes that raising the levy for each tonne of waste that is landfilled would be an effective lever for limiting the quantity of waste and encouraging waste streams to be moved up the waste hierarchy. The key criterion for setting levies should be their effectiveness. The harmonisation of the levies by the EU by setting minimum standards could be considered, so as to prevent the emergence of distortions in this sector;

The Directive on Packaging and Packaging Waste

| 48. | is in favour of exploring options to raise the target for recycling plastic packaging – for plastics of all kinds – to 70% and the recycling targets for glass, metal, paper, cardboard and wood to 80%, taking into account the level of compliance with the current targets throughout the EU (11). Within these overall EU average targets, intermediate targets and transitional periods should be negotiated with and be introduced for individual Member States and LRAs, particularly the least advanced; |
| --- | --- |

48.

is in favour of exploring options to raise the target for recycling plastic packaging – for plastics of all kinds – to 70% and the recycling targets for glass, metal, paper, cardboard and wood to 80%, taking into account the level of compliance with the current targets throughout the EU (11). Within these overall EU average targets, intermediate targets and transitional periods should be negotiated with and be introduced for individual Member States and LRAs, particularly the least advanced;

| 49. | notes that the principle of producer and importer responsibility has been an effective lever in the policy on preventing packaging waste. Making it mandatory for producers and importers to recover waste themselves or have it recovered by waste management bodies could be a crucial step towards making them accountable; |
| --- | --- |

49.

notes that the principle of producer and importer responsibility has been an effective lever in the policy on preventing packaging waste. Making it mandatory for producers and importers to recover waste themselves or have it recovered by waste management bodies could be a crucial step towards making them accountable;

Towards territorial cohesion in waste management

| 50. | calls for the future legislation to be based on the following common principles: managing waste streams in their entirety, implementing the waste hierarchy, ensuring transparent operational management, financing, costs, tax measures, monitoring and traceability and giving consideration to the role played by LRAs and the bodies which ensure cooperation between them. Transparent implementation pathways for European legislation will allow for comparisons of the different situations, assessment of the various practices and the gradual emergence of a common core of shared good practices; |
| --- | --- |

50.

calls for the future legislation to be based on the following common principles: managing waste streams in their entirety, implementing the waste hierarchy, ensuring transparent operational management, financing, costs, tax measures, monitoring and traceability and giving consideration to the role played by LRAs and the bodies which ensure cooperation between them. Transparent implementation pathways for European legislation will allow for comparisons of the different situations, assessment of the various practices and the gradual emergence of a common core of shared good practices;

| 51. | calls for the designation of ambitious 2020 targets to be accompanied by individual roadmaps to be negotiated with each Member State and competent local and regional authorities when applicable, They should include a provisional timetable and intermediate targets for each type of waste and level of the waste hierarchy which could be delivered in that particular Member State over a longer timescale than the overall EU average target. This would allow the least advanced performers to catch up whilst also supporting the efforts made by the most advanced performers; |
| --- | --- |

51.

calls for the designation of ambitious 2020 targets to be accompanied by individual roadmaps to be negotiated with each Member State and competent local and regional authorities when applicable, They should include a provisional timetable and intermediate targets for each type of waste and level of the waste hierarchy which could be delivered in that particular Member State over a longer timescale than the overall EU average target. This would allow the least advanced performers to catch up whilst also supporting the efforts made by the most advanced performers;

| 52. | urges that any policy the EU adopts on waste management and treatment be underpinned by the general principle of proximity. In accordance with this principle, waste management plans should encourage the treatment of waste as close as possible to the site where it is generated, although it is expected that shipment of waste within the current EU framework would need to continue where a local solution does not prove practical. In this context, when it comes to allocating the annual capacity authorised for waste treatment and storage, priority should be given to waste that is generated locally or within the region. Also suggests that possible public and private sector operators involved in waste management should be locally based, thus reducing the environmental impact of transporting waste and enabling jobs to be created at local level. The move to a more circular economy should be expressed in realistic timescales to allow for infrastructure and planning arrangements to develop; |
| --- | --- |

52.

urges that any policy the EU adopts on waste management and treatment be underpinned by the general principle of proximity. In accordance with this principle, waste management plans should encourage the treatment of waste as close as possible to the site where it is generated, although it is expected that shipment of waste within the current EU framework would need to continue where a local solution does not prove practical. In this context, when it comes to allocating the annual capacity authorised for waste treatment and storage, priority should be given to waste that is generated locally or within the region. Also suggests that possible public and private sector operators involved in waste management should be locally based, thus reducing the environmental impact of transporting waste and enabling jobs to be created at local level. The move to a more circular economy should be expressed in realistic timescales to allow for infrastructure and planning arrangements to develop;

| 53. | calls for the creation of mechanisms for dialogue and cooperation between LRAs at cross-border level. The EU should encourage and supervise the creation of regional waste management and treatment hubs to ensure the most efficient management of waste streams and optimum use of the infrastructures and resources available in this sector; |
| --- | --- |

53.

calls for the creation of mechanisms for dialogue and cooperation between LRAs at cross-border level. The EU should encourage and supervise the creation of regional waste management and treatment hubs to ensure the most efficient management of waste streams and optimum use of the infrastructures and resources available in this sector;

| 54. | insists that the granting of any European subsidies be made conditional on EU validation of the waste management plans submitted by the requesting States, to ensure that the policies are consistent and avoid unnecessary or counterproductive investments. Investments should be consistent with the objectives identified in waste management plans; |
| --- | --- |

54.

insists that the granting of any European subsidies be made conditional on EU validation of the waste management plans submitted by the requesting States, to ensure that the policies are consistent and avoid unnecessary or counterproductive investments. Investments should be consistent with the objectives identified in waste management plans;

| 55. | calls for all the players and infrastructures involved in a cross-border regional hub to be taken into account when the national waste management plan of a Member State where some of the partners and infrastructures are located is being implemented or assessed; |
| --- | --- |

55.

calls for all the players and infrastructures involved in a cross-border regional hub to be taken into account when the national waste management plan of a Member State where some of the partners and infrastructures are located is being implemented or assessed;

| 56. | supports the creation of a European information platform presenting the best practices that have been implemented within – and outside – the European Union with respect to waste prevention and management. This platform should integrate the concept of regional cooperation, enabling LRAs who so wish to work with their counterparts, including those in neighbouring countries. A platform of this kind would facilitate the exchange of information and the gradual introduction of common best practices at European level. |
| --- | --- |

56.

supports the creation of a European information platform presenting the best practices that have been implemented within – and outside – the European Union with respect to waste prevention and management. This platform should integrate the concept of regional cooperation, enabling LRAs who so wish to work with their counterparts, including those in neighbouring countries. A platform of this kind would facilitate the exchange of information and the gradual introduction of common best practices at European level.

Brussels, 4 July 2013.

The President of the Committee of the Regions

Ramón Luis VALCÁRCEL SISO

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(1)  EEA report No 2/2013

1

(2)  COM(2011) 571 final, CdR 140/2011 fin

2

(3)  COM(2012) 710 final

3

(4)  COM(2011) 25 final

4

(5)  2008/98/EC.

5

(6)  99/31/EC.

6

(7)  94/62/EC.

7

(8)  European Commission Decision 2011/753/EU

8

(9)  This has been underlined as the outcome of the subsidiarity-related consultation on the review of EU waste legislation.

9

(10)  European Parliament resolution of 24 May 2012 on a resource-efficient Europe (2011/2068(INI))

10

(11)  This has been underlined as the outcome of the subsidiarity-related consultation on the review of EU waste legislation.

11

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III Preparatory acts

COMMITTEE OF THE REGIONS

102nd plenary session, 3-4 July 2013

| 27.9.2013 | EN | Official Journal of the European Union | C 280/50 |
| --- | --- | --- | --- |

27.9.2013

EN

Official Journal of the European Union

C 280/50

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Opinion of the Committee of the Regions on ‘Reducing the costs of deploying broadband’

2013/C 280/10

THE COMMITTEE OF THE REGIONS

| — | takes note of the European Commission's proposal, published on 26 March 2013, for a Regulation of the European Parliament and of the Council on measures to reduce the cost of deploying high-speed electronic communications networks, as part of the ten-point plan announced in conjunction with the mid-term review of the Digital Agenda for Europe; |
| --- | --- |

—

takes note of the European Commission's proposal, published on 26 March 2013, for a Regulation of the European Parliament and of the Council on measures to reduce the cost of deploying high-speed electronic communications networks, as part of the ten-point plan announced in conjunction with the mid-term review of the Digital Agenda for Europe;

| — | welcomes the priorities outlined in the Commission's proposal: high-speed networks, civil engineering works, joint use of existing infrastructure and enabling more efficient deployment of new physical infrastructure so that such networks can be rolled out at lower cost, reducing administrative burdens, and cutting red tape; all of these are areas in which cities and regions are not only stakeholders, but also service providers and beneficiaries; |
| --- | --- |

—

welcomes the priorities outlined in the Commission's proposal: high-speed networks, civil engineering works, joint use of existing infrastructure and enabling more efficient deployment of new physical infrastructure so that such networks can be rolled out at lower cost, reducing administrative burdens, and cutting red tape; all of these are areas in which cities and regions are not only stakeholders, but also service providers and beneficiaries;

| — | has already stressed that adopting rationalisation and modernisation measures and cutting back red tape as a priority course of action for reducing costs, as well as rationalising and simplifying administrative procedures and services, would boost economic activity, reduce bureaucratic procedures and formalities, facilitate relations between individuals and the administration, help bring down the administrative costs of doing business (not least in the field of high-speed internet infrastructure development), improve the competitiveness of enterprises and stimulate their development; |
| --- | --- |

—

has already stressed that adopting rationalisation and modernisation measures and cutting back red tape as a priority course of action for reducing costs, as well as rationalising and simplifying administrative procedures and services, would boost economic activity, reduce bureaucratic procedures and formalities, facilitate relations between individuals and the administration, help bring down the administrative costs of doing business (not least in the field of high-speed internet infrastructure development), improve the competitiveness of enterprises and stimulate their development;

| — | points out that local and regional authorities have to become involved in financing digital infrastructure in areas considered unprofitable by private operators, for example in rural areas; in order to ensure equal access to new technologies for all citizens from all regions, asks the Commission to support these authorities in their financing activities, firstly by authorising participation by the European Structural Funds in the financing of digital infrastructure in all European regions, and secondly by recognising digital development projects in rural and sparsely populated areas as services of general interest and general economic interest. |
| --- | --- |

—

points out that local and regional authorities have to become involved in financing digital infrastructure in areas considered unprofitable by private operators, for example in rural areas; in order to ensure equal access to new technologies for all citizens from all regions, asks the Commission to support these authorities in their financing activities, firstly by authorising participation by the European Structural Funds in the financing of digital infrastructure in all European regions, and secondly by recognising digital development projects in rural and sparsely populated areas as services of general interest and general economic interest.

| Rapporteur: | Gábor BIHARY (HU/PES), Member of Budapest General Assembly |
| --- | --- |
| Reference document: | Proposal for a Regulation of the European Parliament and of the Council on measures to reduce the cost of deploying high-speed electronic communications networks
  COM(2013) 147 final |

Rapporteur:

Gábor BIHARY (HU/PES), Member of Budapest General Assembly

Reference document:

Proposal for a Regulation of the European Parliament and of the Council on measures to reduce the cost of deploying high-speed electronic communications networks

COM(2013) 147 final

I.   POLICY RECOMMENDATIONS

THE COMMITTEE OF THE REGIONS

| 1. | takes note of the European Commission's proposal, published on 26 March 2013, for a Regulation of the European Parliament and of the Council on measures to reduce the cost of deploying high-speed electronic communications networks, as part of the ten-point plan announced in conjunction with the mid-term review of the Digital Agenda for Europe; |
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1.

takes note of the European Commission's proposal, published on 26 March 2013, for a Regulation of the European Parliament and of the Council on measures to reduce the cost of deploying high-speed electronic communications networks, as part of the ten-point plan announced in conjunction with the mid-term review of the Digital Agenda for Europe;

| 2. | is pleased to see that the proposed regulation builds on best practices in the Member States, at the same time as ensuring that Member States continue to enjoy broad discretionary powers on organisational matters, and supporting the new culture of access; |
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2.

is pleased to see that the proposed regulation builds on best practices in the Member States, at the same time as ensuring that Member States continue to enjoy broad discretionary powers on organisational matters, and supporting the new culture of access;

| 3. | welcomes the priorities outlined in the Commission's proposal: high-speed networks, civil engineering works, joint use of existing infrastructure and enabling more efficient deployment of new physical infrastructure so that such networks can be rolled out at lower cost, reducing administrative burdens, and cutting red tape; all of these are areas in which cities and regions are not only stakeholders, but also service providers and beneficiaries; |
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3.

welcomes the priorities outlined in the Commission's proposal: high-speed networks, civil engineering works, joint use of existing infrastructure and enabling more efficient deployment of new physical infrastructure so that such networks can be rolled out at lower cost, reducing administrative burdens, and cutting red tape; all of these are areas in which cities and regions are not only stakeholders, but also service providers and beneficiaries;

| 4. | notes that high-speed broadband infrastructure is a pillar of the digital single market and a prerequisite for global competitiveness, for example in the field of e-commerce. As the communication on the Single Market Act II (1) points out, a 10% increase in broadband penetration could boost GDP by 1-1.5% a year and labour productivity by 1.5% (2). At the same time, broadband-induced innovation in companies creates employment and has the potential to generate 2 million extra jobs by 2020 (3); |
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4.

notes that high-speed broadband infrastructure is a pillar of the digital single market and a prerequisite for global competitiveness, for example in the field of e-commerce. As the communication on the Single Market Act II (1) points out, a 10% increase in broadband penetration could boost GDP by 1-1.5% a year and labour productivity by 1.5% (2). At the same time, broadband-induced innovation in companies creates employment and has the potential to generate 2 million extra jobs by 2020 (3);

| 5. | emphasises that the EU cannot afford to have citizens or businesses left uncovered by such infrastructure, and that it has committed itself to the ambitious targets of the Digital Agenda for Europe: by 2013, basic broadband for all Europeans, and by 2020, (i) access to speeds of above 30 Mbps for all Europeans, and (ii) an internet connection of above 100 Mbps for 50% or more of European households. However, these targets can only be met if infrastructure development costs come down throughout the EU; |
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5.

emphasises that the EU cannot afford to have citizens or businesses left uncovered by such infrastructure, and that it has committed itself to the ambitious targets of the Digital Agenda for Europe: by 2013, basic broadband for all Europeans, and by 2020, (i) access to speeds of above 30 Mbps for all Europeans, and (ii) an internet connection of above 100 Mbps for 50% or more of European households. However, these targets can only be met if infrastructure development costs come down throughout the EU;

| 6. | emphasises that, as explained in the CoR's White Paper on Multi Level Governance (4), coordinated action by the European Union, Member States and local and regional authorities in full compliance with the subsidiarity principle is vital in steering the processes underpinning the proposed regulation of the European Parliament and of the Council on measures to reduce the cost of deploying high-speed electronic communications networks and the accompanying policies; |
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6.

emphasises that, as explained in the CoR's White Paper on Multi Level Governance (4), coordinated action by the European Union, Member States and local and regional authorities in full compliance with the subsidiarity principle is vital in steering the processes underpinning the proposed regulation of the European Parliament and of the Council on measures to reduce the cost of deploying high-speed electronic communications networks and the accompanying policies;

| 7. | in line with its previous opinion, argues that Europe's potential for developing ICT services in the public and private sectors should be fully exploited, and thus ICT should be used as a means of improving local and regional authority services in fields such as healthcare, education, public order, security and social services. EU-backed public-private partnerships between local and regional authorities and ICT-development SMEs in the area of public ICT services can serve as an excellent cornerstone for building up local skills and knowledge across the EU (5); |
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7.

in line with its previous opinion, argues that Europe's potential for developing ICT services in the public and private sectors should be fully exploited, and thus ICT should be used as a means of improving local and regional authority services in fields such as healthcare, education, public order, security and social services. EU-backed public-private partnerships between local and regional authorities and ICT-development SMEs in the area of public ICT services can serve as an excellent cornerstone for building up local skills and knowledge across the EU (5);

| 8. | has already stressed that adopting rationalisation and modernisation measures and cutting back red tape as a priority course of action for reducing costs, as well as rationalising and simplifying administrative procedures and services, would boost economic activity, reduce bureaucratic procedures and formalities, facilitate relations between individuals and the administration, help bring down the administrative costs of doing business (not least in the field of high-speed internet infrastructure development), improve the competitiveness of enterprises and stimulate their development (6); |
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8.

has already stressed that adopting rationalisation and modernisation measures and cutting back red tape as a priority course of action for reducing costs, as well as rationalising and simplifying administrative procedures and services, would boost economic activity, reduce bureaucratic procedures and formalities, facilitate relations between individuals and the administration, help bring down the administrative costs of doing business (not least in the field of high-speed internet infrastructure development), improve the competitiveness of enterprises and stimulate their development (6);

| 9. | strongly emphasises that the Commission and the Member States should take the requisite steps to ensure that local and regional authorities are fully and effectively involved in the governance of ICT-related initiatives (7); |
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9.

strongly emphasises that the Commission and the Member States should take the requisite steps to ensure that local and regional authorities are fully and effectively involved in the governance of ICT-related initiatives (7);

| 10. | takes note of the intention of the proposed regulation to help improve the quality of services and electronic products provided to European consumers and cut unnecessary costs and administrative burdens, at the same time as supporting the digital Single Market and the objectives of the Europe 2020 strategy; |
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10.

takes note of the intention of the proposed regulation to help improve the quality of services and electronic products provided to European consumers and cut unnecessary costs and administrative burdens, at the same time as supporting the digital Single Market and the objectives of the Europe 2020 strategy;

Broadband penetration

| 11. | stresses that local and regional authorities are among the main recipients of the proposals set out in the Digital Agenda for Europe, not least in relation to broadband development, and could be key drivers for its implementation. The priorities of the new strategy at local and regional level could support citizens' quality of life and their social and economic activity, while stimulating regional development and encouraging more efficient and personalised public services, as well as local businesses. Regions and cities have several means of fully unlocking this potential; |
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11.

stresses that local and regional authorities are among the main recipients of the proposals set out in the Digital Agenda for Europe, not least in relation to broadband development, and could be key drivers for its implementation. The priorities of the new strategy at local and regional level could support citizens' quality of life and their social and economic activity, while stimulating regional development and encouraging more efficient and personalised public services, as well as local businesses. Regions and cities have several means of fully unlocking this potential;

| 12. | welcomes the potential of the proposed regulation to significantly help to bridge the digital divide and achieve the objectives of the Europe 2020 strategy, while meeting some of the key social, cultural and economic needs of the people of Europe (8); |
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12.

welcomes the potential of the proposed regulation to significantly help to bridge the digital divide and achieve the objectives of the Europe 2020 strategy, while meeting some of the key social, cultural and economic needs of the people of Europe (8);

| 13. | acknowledges that the information society has hugely accelerated economic and social progress, something which will be further boosted by more effective broadband infrastructure development; however, warns in particular that it has become easier to spread content that could endanger young people and fundamental democratic values, a risk which can be countered through appropriate value-based education and widespread media literacy (9); |
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13.

acknowledges that the information society has hugely accelerated economic and social progress, something which will be further boosted by more effective broadband infrastructure development; however, warns in particular that it has become easier to spread content that could endanger young people and fundamental democratic values, a risk which can be countered through appropriate value-based education and widespread media literacy (9);

| 14. | emphasises that local and regional authorities must play a key role in helping to ensure even and affordable broadband access, for example in areas where the market fails, in providing leadership on pilot projects for bridging the e-Accessibility gap, and in developing new approaches to citizen-centred public e-services (10); |
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14.

emphasises that local and regional authorities must play a key role in helping to ensure even and affordable broadband access, for example in areas where the market fails, in providing leadership on pilot projects for bridging the e-Accessibility gap, and in developing new approaches to citizen-centred public e-services (10);

| 15. | reminds the Commission that non-repayable State funding is needed for broadband infrastructure development financed by local and regional authorities, and calls on the Commission to draw up rules on this issue; |
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15.

reminds the Commission that non-repayable State funding is needed for broadband infrastructure development financed by local and regional authorities, and calls on the Commission to draw up rules on this issue;

| 16. | reiterates the recommendations set out in its opinion on "The Digital Agenda for Europe" that funding and other support measures should favour the implementation of open-access broadband networks based on a horizontally layered network architecture and a business model that separates physical access to the network from service provision, and that existing optical fibre networks should be opened up to competition. (11) In practical terms, this means that, concerning dark fibre, which is a form of passive infrastructure, open-access business models should be actively promoted; |
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16.

reiterates the recommendations set out in its opinion on "The Digital Agenda for Europe" that funding and other support measures should favour the implementation of open-access broadband networks based on a horizontally layered network architecture and a business model that separates physical access to the network from service provision, and that existing optical fibre networks should be opened up to competition. (11) In practical terms, this means that, concerning dark fibre, which is a form of passive infrastructure, open-access business models should be actively promoted;

| 17. | given that there are clear commercial arguments for broadband in densely populated areas, special attention should be paid to encouraging private-sector investment in rural and thinly populated areas, as well in the outermost regions, in order to ensure geographical equality. In this respect, local and regional authorities have a key role to play in coordinating demand for broadband access from public administration, law enforcement agencies, local schools and healthcare facilities, by establishing groups (of schools, communities, SMEs, etc.) at local level, developing broadband infrastructure demonstration areas for consumers, and by providing training; |
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17.

given that there are clear commercial arguments for broadband in densely populated areas, special attention should be paid to encouraging private-sector investment in rural and thinly populated areas, as well in the outermost regions, in order to ensure geographical equality. In this respect, local and regional authorities have a key role to play in coordinating demand for broadband access from public administration, law enforcement agencies, local schools and healthcare facilities, by establishing groups (of schools, communities, SMEs, etc.) at local level, developing broadband infrastructure demonstration areas for consumers, and by providing training;

| 18. | points out that local and regional authorities have to become involved in financing digital infrastructure in areas considered unprofitable by private operators, for example in rural areas; in order to ensure equal access to new technologies for all citizens from all regions, asks the Commission to support these authorities in their financing activities, firstly by authorising participation by the European Structural Funds in the financing of digital infrastructure in all European regions, and secondly by recognising digital development projects in rural and sparsely populated areas as services of general interest and general economic interest; |
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18.

points out that local and regional authorities have to become involved in financing digital infrastructure in areas considered unprofitable by private operators, for example in rural areas; in order to ensure equal access to new technologies for all citizens from all regions, asks the Commission to support these authorities in their financing activities, firstly by authorising participation by the European Structural Funds in the financing of digital infrastructure in all European regions, and secondly by recognising digital development projects in rural and sparsely populated areas as services of general interest and general economic interest;

Digital services and e-government

| 19. | emphasises that ICT, underpinning an information society which is open to all, should address the needs of all members of society, including those at risk of social exclusion; |
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19.

emphasises that ICT, underpinning an information society which is open to all, should address the needs of all members of society, including those at risk of social exclusion;

| 20. | stresses that access to high-quality broadband services at reasonable prices can increase the availability and quality of services provided by local and regional authorities and — in the case of microenterprises and SMEs — facilitate product marketing. Remote regions and communities, especially the outermost ones, are expected to benefit considerably from more widespread and faster access to broadband services (12); |
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20.

stresses that access to high-quality broadband services at reasonable prices can increase the availability and quality of services provided by local and regional authorities and — in the case of microenterprises and SMEs — facilitate product marketing. Remote regions and communities, especially the outermost ones, are expected to benefit considerably from more widespread and faster access to broadband services (12);

| 21. | emphasises that new uses and digital services are vital in making regions attractive and ensuring their balanced development; feels that enabling digital access for all is a prerequisite for successfully achieving the European Union's economic, social and territorial cohesion objectives; |
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21.

emphasises that new uses and digital services are vital in making regions attractive and ensuring their balanced development; feels that enabling digital access for all is a prerequisite for successfully achieving the European Union's economic, social and territorial cohesion objectives;

| 22. | in line with an earlier opinion (13), suggests that the potential offered by faster network development based on the regulation should be fully exploited to develop ICT services in European public and private sectors, and thus ICT should be used as a means of improving local and regional authority services in fields such as education, healthcare, public procurement, security and social services; |
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22.

in line with an earlier opinion (13), suggests that the potential offered by faster network development based on the regulation should be fully exploited to develop ICT services in European public and private sectors, and thus ICT should be used as a means of improving local and regional authority services in fields such as education, healthcare, public procurement, security and social services;

| 23. | in line with a previous opinion (14), suggests that the potential offered by faster network development based on the regulation should be fully exploited to develop cross-border public services. The IT projects involved must cover aspects of interoperability and eIdentification of citizens (Stork), eSignatures, electronic publication of documents and other building blocks of eGovernment, so that these are dealt with in a European context; |
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23.

in line with a previous opinion (14), suggests that the potential offered by faster network development based on the regulation should be fully exploited to develop cross-border public services. The IT projects involved must cover aspects of interoperability and eIdentification of citizens (Stork), eSignatures, electronic publication of documents and other building blocks of eGovernment, so that these are dealt with in a European context;

| 24. | points out that there is no way to unleash the potential of cloud computing (15) without developing the requisite infrastructure support as quickly as possible; |
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24.

points out that there is no way to unleash the potential of cloud computing (15) without developing the requisite infrastructure support as quickly as possible;

Using ICTs for smart energy networks, digitalisation and creative content

| 25. | emphasises that the Digital Single Market is a cornerstone of the Digital Agenda for Europe that will make it possible to create a growing, successful and vibrant pan-European market for the creation and distribution of legal digital content and online services, as well as giving consumers easy, safe and flexible access to digital content and service markets (16); therefore, appreciates the impact which the proposed regulation will have in speeding up this process and reducing costs; |
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25.

emphasises that the Digital Single Market is a cornerstone of the Digital Agenda for Europe that will make it possible to create a growing, successful and vibrant pan-European market for the creation and distribution of legal digital content and online services, as well as giving consumers easy, safe and flexible access to digital content and service markets (16); therefore, appreciates the impact which the proposed regulation will have in speeding up this process and reducing costs;

| 26. | points out that it is crucial for public institutions at regional and local level to have adequate in-house capacities and sustainable financial resources for digitisation (17); |
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26.

points out that it is crucial for public institutions at regional and local level to have adequate in-house capacities and sustainable financial resources for digitisation (17);

| 27. | acknowledges that the proposed regulation will help to address the challenge of energy efficiency through information and communication technologies (18) and promote structural changes in the use of natural resources; |
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27.

acknowledges that the proposed regulation will help to address the challenge of energy efficiency through information and communication technologies (18) and promote structural changes in the use of natural resources;

Access to existing physical infrastructure and transparency

| 28. | agrees with the objective to maximise synergies across networks, with a regulation addressed not only to electronic communications network providers but to any owner of physical infrastructure — such as for electricity, gas, water and sewage, heating and transport services — suitable to host electronic communications network elements; however, in view of safety concerns and high costs is worried about the use of for this purpose of critical infrastructure such as metro tunnels in large cities; |
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28.

agrees with the objective to maximise synergies across networks, with a regulation addressed not only to electronic communications network providers but to any owner of physical infrastructure — such as for electricity, gas, water and sewage, heating and transport services — suitable to host electronic communications network elements; however, in view of safety concerns and high costs is worried about the use of for this purpose of critical infrastructure such as metro tunnels in large cities;

| 29. | is disappointed that, although high-speed broadband infrastructure is a pillar of the digital single market and a prerequisite for global competitiveness, telecommunications services and infrastructure in the EU are still highly fragmented along national borders; |
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29.

is disappointed that, although high-speed broadband infrastructure is a pillar of the digital single market and a prerequisite for global competitiveness, telecommunications services and infrastructure in the EU are still highly fragmented along national borders;

| 30. | given that civil engineering works constitute the dominant part in overall network deployment costs, views as a major regulatory step forward the right of every network operator to offer (or be offered, at reasonable prices and under fair conditions) access to its physical infrastructure (for example, ducts, conduits, manholes, cabinets, poles, masts, antennae, towers and other supporting constructions), in order to deploy elements of high-speed electronic communications networks, and the fact that the requisite information will be made available via single information points in the interests of transparency; |
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30.

given that civil engineering works constitute the dominant part in overall network deployment costs, views as a major regulatory step forward the right of every network operator to offer (or be offered, at reasonable prices and under fair conditions) access to its physical infrastructure (for example, ducts, conduits, manholes, cabinets, poles, masts, antennae, towers and other supporting constructions), in order to deploy elements of high-speed electronic communications networks, and the fact that the requisite information will be made available via single information points in the interests of transparency;

| 31. | at the same time, points out that social and cohesion objectives should not be overlooked when setting prices and rates; |
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31.

at the same time, points out that social and cohesion objectives should not be overlooked when setting prices and rates;

Coordination of civil works

| 32. | is pleased that the proposed regulation includes the coordination of civil works, especially given that such investments are fully or partially financed by public means, however points out that it does not mention public procurement in relation to these investments; |
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32.

is pleased that the proposed regulation includes the coordination of civil works, especially given that such investments are fully or partially financed by public means, however points out that it does not mention public procurement in relation to these investments;

| 33. | is disappointed that the regulation fails to mention the role of local and regional authorities in coordinating building works within their jurisdiction; therefore recommends that the European Commission refer to local and regional authorities in its proposal; |
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33.

is disappointed that the regulation fails to mention the role of local and regional authorities in coordinating building works within their jurisdiction; therefore recommends that the European Commission refer to local and regional authorities in its proposal;

Authorisation

| 34. | approves the role of single information points in facilitating and coordinating the authorisation process, and feels that the six-month maximum deadline is sufficient; |
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34.

approves the role of single information points in facilitating and coordinating the authorisation process, and feels that the six-month maximum deadline is sufficient;

| 35. | is critical of the proposed regulation's failure to mention the role of local authorities in authorisation procedures, even though planning permission for building projects is usually a local authority competence, and is therefore concerned that this could lead to major costs for these authorities; |
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35.

is critical of the proposed regulation's failure to mention the role of local authorities in authorisation procedures, even though planning permission for building projects is usually a local authority competence, and is therefore concerned that this could lead to major costs for these authorities;

In-building equipment, and access to such equipment

| 36. | feels that including the presence of high-speed-ready in-building infrastructure up to network termination points in newly constructed buildings as a planning permission criterion in the proposed regulation represents an important step forward; |
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36.

feels that including the presence of high-speed-ready in-building infrastructure up to network termination points in newly constructed buildings as a planning permission criterion in the proposed regulation represents an important step forward;

| 37. | is pleased with the obligation to provide new multi-dwelling buildings, as well as old ones that undergo extensive renovation, with a concentration point accessible to electronic communications networks providers, but feels it should be explained that this obligation also applies to social housing, to ensure that residents from groups threatened by digital exclusion also have access to broadband services; in this case, however, achievement of the objective sought should be fully supported; |
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37.

is pleased with the obligation to provide new multi-dwelling buildings, as well as old ones that undergo extensive renovation, with a concentration point accessible to electronic communications networks providers, but feels it should be explained that this obligation also applies to social housing, to ensure that residents from groups threatened by digital exclusion also have access to broadband services; in this case, however, achievement of the objective sought should be fully supported;

Subsidiarity, proportionality and better regulation

| 38. | acknowledges that the measures provided for in the proposed regulation in its current form appear to comply with the subsidiarity principle, given that reducing the cost of deploying high-speed electronic communications infrastructure requires EU action in order to improve conditions for the establishment and functioning of the internal market and remove barriers caused by the patchwork of rules and administrative practices at national and sub-national levels, which impedes the development and growth of European companies, has a negative impact on European competitiveness, and creates barriers to investing and operating across borders; |
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38.

acknowledges that the measures provided for in the proposed regulation in its current form appear to comply with the subsidiarity principle, given that reducing the cost of deploying high-speed electronic communications infrastructure requires EU action in order to improve conditions for the establishment and functioning of the internal market and remove barriers caused by the patchwork of rules and administrative practices at national and sub-national levels, which impedes the development and growth of European companies, has a negative impact on European competitiveness, and creates barriers to investing and operating across borders;

| 39. | feels that the proposed measures relating to areas with intrinsic cross-border elements are necessary, given that they involve trans-national considerations which cannot be adequately regulated by national governments, or regional/local authorities on their own, and that full broadband coverage supports territorial cohesion; |
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39.

feels that the proposed measures relating to areas with intrinsic cross-border elements are necessary, given that they involve trans-national considerations which cannot be adequately regulated by national governments, or regional/local authorities on their own, and that full broadband coverage supports territorial cohesion;

| 40. | acknowledges that the basic aim of the proposed regulation is to facilitate and incentivise the roll-out of high-speed electronic communications networks by promoting joint use of existing infrastructure and enabling more efficient deployment of new physical infrastructure so that such networks can be rolled out at lower cost; |
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40.

acknowledges that the basic aim of the proposed regulation is to facilitate and incentivise the roll-out of high-speed electronic communications networks by promoting joint use of existing infrastructure and enabling more efficient deployment of new physical infrastructure so that such networks can be rolled out at lower cost;

| 41. | feels that the proposed measures offer clear added value compared to isolated measures at national, regional or local level, given that the key measures can be grouped under the following four problem areas: high-speed networks, civil engineering works, joint use of existing infrastructure and enabling more efficient deployment of new physical infrastructure so that such networks can be rolled out at lower cost, as well as reducing administrative burdens; |
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41.

feels that the proposed measures offer clear added value compared to isolated measures at national, regional or local level, given that the key measures can be grouped under the following four problem areas: high-speed networks, civil engineering works, joint use of existing infrastructure and enabling more efficient deployment of new physical infrastructure so that such networks can be rolled out at lower cost, as well as reducing administrative burdens;

| 42. | notes that a joint European approach to the issues in question offers added value by avoiding unnecessary duplication and enabling economies of scale. Such an approach is indeed essential, given the ubiquitous, cross-border nature of the Internet, which is an indispensable tool in unleashing the full economic and social potential of ICTs; |
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42.

notes that a joint European approach to the issues in question offers added value by avoiding unnecessary duplication and enabling economies of scale. Such an approach is indeed essential, given the ubiquitous, cross-border nature of the Internet, which is an indispensable tool in unleashing the full economic and social potential of ICTs;

| 43. | acknowledges that the measures provided for in the proposed regulation in its current form appear to comply with the proportionality principle, as they do not go beyond what is necessary to achieve the objectives of the proposal in their aim to reduce barriers to access to physical infrastructures; |
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43.

acknowledges that the measures provided for in the proposed regulation in its current form appear to comply with the proportionality principle, as they do not go beyond what is necessary to achieve the objectives of the proposal in their aim to reduce barriers to access to physical infrastructures;

| 44. | acknowledges that the cost reduction measures in the proposed regulation focus on increasing coordination and transparency, and on harmonising minimum tools, enabling the relevant stakeholders to exploit synergies and reduce inefficiencies in the rollout; |
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44.

acknowledges that the cost reduction measures in the proposed regulation focus on increasing coordination and transparency, and on harmonising minimum tools, enabling the relevant stakeholders to exploit synergies and reduce inefficiencies in the rollout;

| 45. | emphasises that the proposed measures do not impose specific business models and also leave open the possibility for Member States to adopt more detailed provisions, thus complementing rather than influencing on-going national initiatives. At the same time, they will allow Member States to build on their current measures and select the organisation of any existing or new measure which best suits their particularities, without necessarily imposing further costs; |
| --- | --- |

45.

emphasises that the proposed measures do not impose specific business models and also leave open the possibility for Member States to adopt more detailed provisions, thus complementing rather than influencing on-going national initiatives. At the same time, they will allow Member States to build on their current measures and select the organisation of any existing or new measure which best suits their particularities, without necessarily imposing further costs;

| 46. | underlines, however, that in order to ensure legal certainty, the regulation must specify what steps will be taken by the European Commission once exemption measures are notified by the Member States; |
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46.

underlines, however, that in order to ensure legal certainty, the regulation must specify what steps will be taken by the European Commission once exemption measures are notified by the Member States;

| 47. | although a directive would give Member States more room for manoeuvre, accepts the choice of a regulation, which — provided it is applied with the requisite flexibility — will ensure the rapid availability of cost reduction tools, in keeping with the momentum of progress towards targets in the Digital Agenda for Europe due to be achieved by 2020; |
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47.

although a directive would give Member States more room for manoeuvre, accepts the choice of a regulation, which — provided it is applied with the requisite flexibility — will ensure the rapid availability of cost reduction tools, in keeping with the momentum of progress towards targets in the Digital Agenda for Europe due to be achieved by 2020;

| 48. | with regard to better lawmaking, notes as a general observation that the proposed regulation makes several explicit references to the local and regional level. Given the competences of local and regional authorities and the key role they are called upon to play when planning and implementing any measures in the field of ICT (particularly for aspects related to developing high-speed networks), these authorities should be systematically consulted by the EU institutions and Member States on both the design and implementation of measures to put the European Digital Agenda into effect; |
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48.

with regard to better lawmaking, notes as a general observation that the proposed regulation makes several explicit references to the local and regional level. Given the competences of local and regional authorities and the key role they are called upon to play when planning and implementing any measures in the field of ICT (particularly for aspects related to developing high-speed networks), these authorities should be systematically consulted by the EU institutions and Member States on both the design and implementation of measures to put the European Digital Agenda into effect;

| 49. | calls on the European Commission to refer the review report drawn up three years after entry into force of the regulation to the Committee of the Regions for an opinion. |
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49.

calls on the European Commission to refer the review report drawn up three years after entry into force of the regulation to the Committee of the Regions for an opinion.

II.   RECOMMENDATIONS FOR AMENDMENTS

Amendment 1

Article 2 new 11 point

Definitions

| Text proposed by the Commission | CoR amendment |
| --- | --- |
| | 11. |

Text proposed by the Commission

CoR amendment

11.

Reason

A definition of the national dispute settlement body should be included among the definitions, in order to facilitate understanding and application of the regulation.

Amendment 2

Article 2 new 12 point

Definitions

| Text proposed by the Commission | CoR amendment |
| --- | --- |
| | 12. |

Text proposed by the Commission

CoR amendment

12.

Reason

A definition of the single information point should be included among the definitions, in order to facilitate understanding and application of the regulation.

Amendment 3

Article 7(2)

In-building equipment

| Text proposed by the Commission | CoR amendment |
| --- | --- |
| All newly constructed multi-dwelling buildings, for which applications for building permits have been submitted after [Publications Office: please insert the exact date of the entry into force of this Regulation], shall be equipped with a concentration point, located inside or outside the building, and accessible to electronic communications networks providers, whereby connection to the high-speed-ready in-building infrastructure is made available. The same obligation applies in the event of major renovation works concerning multi-dwelling buildings for which applications for building permits have been submitted after [Publications Office: please insert the exact date of the entry into force of this Regulation]. | All newly constructed multi-dwelling buildings, including social housing, for which applications for building permits have been submitted after [Publications Office: please insert the exact date of the entry into force of this Regulation], shall be equipped with a concentration point, located inside or outside the building, and accessible to electronic communications networks providers, whereby connection to the high-speed-ready in-building infrastructure is made available. The same obligation applies in the event of major renovation works concerning multi-dwelling buildings for which applications for building permits have been submitted after [Publications Office: please insert the exact date of the entry into force of this Regulation]. |

Text proposed by the Commission

CoR amendment

All newly constructed multi-dwelling buildings, for which applications for building permits have been submitted after [Publications Office: please insert the exact date of the entry into force of this Regulation], shall be equipped with a concentration point, located inside or outside the building, and accessible to electronic communications networks providers, whereby connection to the high-speed-ready in-building infrastructure is made available. The same obligation applies in the event of major renovation works concerning multi-dwelling buildings for which applications for building permits have been submitted after [Publications Office: please insert the exact date of the entry into force of this Regulation].

All newly constructed multi-dwelling buildings, including social housing, for which applications for building permits have been submitted after [Publications Office: please insert the exact date of the entry into force of this Regulation], shall be equipped with a concentration point, located inside or outside the building, and accessible to electronic communications networks providers, whereby connection to the high-speed-ready in-building infrastructure is made available. The same obligation applies in the event of major renovation works concerning multi-dwelling buildings for which applications for building permits have been submitted after [Publications Office: please insert the exact date of the entry into force of this Regulation].

Reason

The purpose of the amendment is to explicitly state that economies should not be made on high-speed network deployment costs when constructing social housing, in order to ensure equal opportunities for residents.

Amendment 4

Article 10

| Text proposed by the Commission | CoR amendment |
| --- | --- |
| The Commission shall present a report to the European Parliament and the Council by [Publications Office: please insert the exact date: entry into force of this Regulation + 3 years] at the latest on the implementation of this Regulation. The report shall include a summary of the impact of the measures provided by this Regulation and an assessment of the progress towards achieving its objectives. | The Commission shall present a report to the European Parliament and the Council by [Publications Office: please insert the exact date: entry into force of this Regulation + 3 years] at the latest on the implementation of this Regulation. The report shall include a summary of the impact of the measures provided by this Regulation and an assessment of the progress towards achieving its objectives. The report must be referred to the Committee of the Regions for an opinion. |

Text proposed by the Commission

CoR amendment

The Commission shall present a report to the European Parliament and the Council by [Publications Office: please insert the exact date: entry into force of this Regulation + 3 years] at the latest on the implementation of this Regulation. The report shall include a summary of the impact of the measures provided by this Regulation and an assessment of the progress towards achieving its objectives.

The Commission shall present a report to the European Parliament and the Council by [Publications Office: please insert the exact date: entry into force of this Regulation + 3 years] at the latest on the implementation of this Regulation. The report shall include a summary of the impact of the measures provided by this Regulation and an assessment of the progress towards achieving its objectives. The report must be referred to the Committee of the Regions for an opinion.

Reason

The amendment envisages a mandatory consultative role for the CoR.

Brussels, 3 July 2013.

The President of the Committee of the Regions

Ramón Luis VALCÁRCEL SISO

---

(1)  (COM(2012) 573 final).

1

(2)  Booz and Company, Maximising the impact of Digitalisation, 2012.

2

(3)  Commission estimate based on national studies (Liebenau, J., Atkinson, R., Karrberg, P., Castro, D. and Ezell, S., 2009, The UK Digital Road to Recovery; Katz R.L. et al, 2009, The Impact of Broadband on Jobs and the German Economy).

3

(4)  CdR 89/2009 fin.

4

(5)  CdR 156/2009 fin.

5

(6)  CdR 65/2011 fin.

6

(7)  CdR 283/2008 fin.

7

(8)  CdR 14/2010 fin.

8

(9)  CdR 133/2009 fin.

9

(10)  CdR 5/2008 fin.

10

(11)  CdR 104/2010 fin.

11

(12)  CdR 252/2005 fin.

12

(13)  CdR 156/2009 fin.

13

(14)  CdR 65/2011 fin.

14

(15)  CdR 1673/2012 fin.

15

(16)  CdR 104/2010 fin.

16

(17)  CdR 247/2009 fin.

17

(18)  CdR 254/2008 fin.

18

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| 27.9.2013 | EN | Official Journal of the European Union | C 280/57 |
| --- | --- | --- | --- |

27.9.2013

EN

Official Journal of the European Union

C 280/57

---

Opinion of the Committee of the Regions on ‘Manufacture, presentation and sale of tobacco and related products’

2013/C 280/11

THE COMMITTEE OF THE REGIONS

| — | believes that revision of the directive is necessary and should therefore be carried out without further delay to protect the health of the European public, particularly its youngest members, from the risks of smoking; |
| --- | --- |

—

believes that revision of the directive is necessary and should therefore be carried out without further delay to protect the health of the European public, particularly its youngest members, from the risks of smoking;

| — | urges the Commission and the Member States to adopt a balanced directive that leads to a better heath protection for consumers whilst taking into account the production and economic value of tobacco crop; |
| --- | --- |

—

urges the Commission and the Member States to adopt a balanced directive that leads to a better heath protection for consumers whilst taking into account the production and economic value of tobacco crop;

| — | considers that the Members States should ban the free distribution of tobacco products (online or in public areas) given its strong potential to recruit new (and young) smokers; |
| --- | --- |

—

considers that the Members States should ban the free distribution of tobacco products (online or in public areas) given its strong potential to recruit new (and young) smokers;

| — | calls on the European Commission together with Member States to look into a scheme that would compensate for the loss of jobs in the tobacco sector and packaging industry; |
| --- | --- |

—

calls on the European Commission together with Member States to look into a scheme that would compensate for the loss of jobs in the tobacco sector and packaging industry;

| — | argues that the Member States should be able to ban the cross-border sales of tobacco products to better protect their young citizens from harm; |
| --- | --- |

—

argues that the Member States should be able to ban the cross-border sales of tobacco products to better protect their young citizens from harm;

| — | is convinced that regular public education and awareness-raising campaigns should be promoted, providing advice in primary and secondary schools on harmfulness of tobacco and its detrimental effects on health and wellbeing; |
| --- | --- |

—

is convinced that regular public education and awareness-raising campaigns should be promoted, providing advice in primary and secondary schools on harmfulness of tobacco and its detrimental effects on health and wellbeing;

| — | calls on the Commission and the Member States to envisage support for the regions where tobacco is currently grown or manufactured, to enable them to replace tobacco with more sustainable crops; |
| --- | --- |

—

calls on the Commission and the Member States to envisage support for the regions where tobacco is currently grown or manufactured, to enable them to replace tobacco with more sustainable crops;

| — | draws attention to the fact that non-standard packs are currently at the market and their removal will adversely affect regions where these are produced. |
| --- | --- |

—

draws attention to the fact that non-standard packs are currently at the market and their removal will adversely affect regions where these are produced.

| Rapporteur | Mr Dimitrios KALOGEROPOULOS (EL/EPP), Municipal Councillor of Aigaleo |
| --- | --- |
| Reference document | Proposal for a directive of the European Parliament and of the Council on the approximation of the laws, regulations and administrative provisions of the Member States concerning the manufacture, presentation and sale of tobacco and related products
  COM(2012) 788 final |

Rapporteur

Mr Dimitrios KALOGEROPOULOS (EL/EPP), Municipal Councillor of Aigaleo

Reference document

Proposal for a directive of the European Parliament and of the Council on the approximation of the laws, regulations and administrative provisions of the Member States concerning the manufacture, presentation and sale of tobacco and related products

COM(2012) 788 final

I.   POLICY RECOMMENDATIONS

THE COMMITTEE OF THE REGIONS

Introduction

| 1. | notes that twelve years on after the adoption by the EU of the current Tobacco Products Directive (which includes several control measures), smoking remains the leading cause of preventable death in the EU and kills almost 700 000 people every year, and that over 70% of smokers start before the age of 18 and therefore strongly supports the need to urgently revise the current Directive by considering stricter measures for its implementation; |
| --- | --- |

1.

notes that twelve years on after the adoption by the EU of the current Tobacco Products Directive (which includes several control measures), smoking remains the leading cause of preventable death in the EU and kills almost 700 000 people every year, and that over 70% of smokers start before the age of 18 and therefore strongly supports the need to urgently revise the current Directive by considering stricter measures for its implementation;

| 2. | welcomes the Commission's determination to support and complement efforts by Member States and local and regional authorities to tackle the problem of smoking. The Committee notes that tobacco is a legal crop, however it is essential to carefully monitor its impact on citizens health; |
| --- | --- |

2.

welcomes the Commission's determination to support and complement efforts by Member States and local and regional authorities to tackle the problem of smoking. The Committee notes that tobacco is a legal crop, however it is essential to carefully monitor its impact on citizens health;

| 3. | endorses the use of Article 114 TFEU as the legal basis for the proposal, given the European Commission's goal of harmonising the various laws and administrative provisions in the area covered by the proposal where differences still exist in order to ensure the functioning of the internal market. It points out that this approach is supported by the judgement of the European Court of Justice in case C-380/03 (Federal Republic of Germany v European Parliament and Council of the European Union). The proposal also allows the Member States to adopt stricter measures than those set out in its provisions; |
| --- | --- |

3.

endorses the use of Article 114 TFEU as the legal basis for the proposal, given the European Commission's goal of harmonising the various laws and administrative provisions in the area covered by the proposal where differences still exist in order to ensure the functioning of the internal market. It points out that this approach is supported by the judgement of the European Court of Justice in case C-380/03 (Federal Republic of Germany v European Parliament and Council of the European Union). The proposal also allows the Member States to adopt stricter measures than those set out in its provisions;

Contributions from EU policy to ensuring health

| 4. | acknowledges the contribution that can be made by EU flanking policies generally in accordance with the objective set in Article 114(3) TFEU, as well as in Article 35 of the EU Charter on Fundamental Rights, that "a high level of human health protection (...) be ensured in the definition and implementation of all Union policies and activities"; |
| --- | --- |

4.

acknowledges the contribution that can be made by EU flanking policies generally in accordance with the objective set in Article 114(3) TFEU, as well as in Article 35 of the EU Charter on Fundamental Rights, that "a high level of human health protection (...) be ensured in the definition and implementation of all Union policies and activities";

| 5. | believes that revision of the directive is necessary and should therefore be carried out without further delay to protect the health of the European public, particularly its youngest members, from the risks of smoking; |
| --- | --- |

5.

believes that revision of the directive is necessary and should therefore be carried out without further delay to protect the health of the European public, particularly its youngest members, from the risks of smoking;

| 6. | emphasises that, the EU together with national, regional and local authorities should increase efforts in public health terms, education, awareness-raising and health promotion campaigns providing information on the consequences of smoking which were so far rather effective in reducing tobacco consumption and also restrictive measures which have altered levels of consumption; |
| --- | --- |

6.

emphasises that, the EU together with national, regional and local authorities should increase efforts in public health terms, education, awareness-raising and health promotion campaigns providing information on the consequences of smoking which were so far rather effective in reducing tobacco consumption and also restrictive measures which have altered levels of consumption;

| 7. | calls for the revised Tobacco Products Directive to be in line with the "Health for Growth: 3rd Multi-Annual Programme of EU Action for the period 2014-2020" whose objective is to promote synergies while avoiding duplication with related Union programmes and actions; |
| --- | --- |

7.

calls for the revised Tobacco Products Directive to be in line with the "Health for Growth: 3rd Multi-Annual Programme of EU Action for the period 2014-2020" whose objective is to promote synergies while avoiding duplication with related Union programmes and actions;

Combining health protection with economic development

| 8. | agrees with the European Commission to consider, in line with Article 114, 168 and 169 TFEU, a high level of health protection as a basis when choosing between different policy options identified in the review of the TPD; underlines that protecting health is a key objective which must take into account health-promotion and disease-prevention factors, such as socio-economic conditions, lifestyle, culture, education, environmental factors in all socially relevant fields in order identify risk factors and mitigate their negative effects at as early stage as possible; |
| --- | --- |

8.

agrees with the European Commission to consider, in line with Article 114, 168 and 169 TFEU, a high level of health protection as a basis when choosing between different policy options identified in the review of the TPD; underlines that protecting health is a key objective which must take into account health-promotion and disease-prevention factors, such as socio-economic conditions, lifestyle, culture, education, environmental factors in all socially relevant fields in order identify risk factors and mitigate their negative effects at as early stage as possible;

| 9. | urges the Commission and the Member States to think about amending the provisions so as to ensure the adoption of a balanced directive which, as well as safeguarding the necessary health warnings protecting consumers, also takes into account the production and economic value of this crop; |
| --- | --- |

9.

urges the Commission and the Member States to think about amending the provisions so as to ensure the adoption of a balanced directive which, as well as safeguarding the necessary health warnings protecting consumers, also takes into account the production and economic value of this crop;

| 10. | the Committee supports measures aimed at reducing the addictiveness or toxicity of tobacco on the basis of scientific evidence, together with objective measures to prevent consumers being misled by things such as the inclusion of additives which might persuade them that certain tobacco products had healthy or therapeutic effects; |
| --- | --- |

10.

the Committee supports measures aimed at reducing the addictiveness or toxicity of tobacco on the basis of scientific evidence, together with objective measures to prevent consumers being misled by things such as the inclusion of additives which might persuade them that certain tobacco products had healthy or therapeutic effects;

Protection of employment and production

| 11. | believes that, in many EU regions, tobacco is grown on soils with low fertility where tobacco production requires the use of large quantities of fertiliser and pesticides; |
| --- | --- |

11.

believes that, in many EU regions, tobacco is grown on soils with low fertility where tobacco production requires the use of large quantities of fertiliser and pesticides;

| 12. | points out, in line with the CoR's opinion on the common agricultural policy, that it is vital for European agriculture to move towards sustainable production methods and adapt to climate change. In view of its environmental impact, therefore, tobacco cultivation should be replaced by more sustainable crops; |
| --- | --- |

12.

points out, in line with the CoR's opinion on the common agricultural policy, that it is vital for European agriculture to move towards sustainable production methods and adapt to climate change. In view of its environmental impact, therefore, tobacco cultivation should be replaced by more sustainable crops;

| 13. | calls on the Commission and the Member States to envisage support for the regions where tobacco is currently grown or manufactured, in order to enable them to restructure their production to other agricultural products; |
| --- | --- |

13.

calls on the Commission and the Member States to envisage support for the regions where tobacco is currently grown or manufactured, in order to enable them to restructure their production to other agricultural products;

| 14. | calls on the European Commission together with Member States to look into a scheme that would compensate for the loss of jobs in the tobacco sector and packaging industry; |
| --- | --- |

14.

calls on the European Commission together with Member States to look into a scheme that would compensate for the loss of jobs in the tobacco sector and packaging industry;

Tax revenues, traceability and security features and contraband

| 15. | points out that almost EUR 100 billion are collected in the European Union every year in taxes on tobacco products and that illicit trade currently accounts for around 10%, which results in EUR 10 000 million in lost tax revenue every year. This shows that the European market needs to be better protected against the threats of illicit trade and for citizens to be better informed as regards the danger of consuming tobacco products of unknown or unauthorised origin, which have not been subject to any quality control, thus endangering consumer safety; |
| --- | --- |

15.

points out that almost EUR 100 billion are collected in the European Union every year in taxes on tobacco products and that illicit trade currently accounts for around 10%, which results in EUR 10 000 million in lost tax revenue every year. This shows that the European market needs to be better protected against the threats of illicit trade and for citizens to be better informed as regards the danger of consuming tobacco products of unknown or unauthorised origin, which have not been subject to any quality control, thus endangering consumer safety;

| 16. | believes that the specific features included in the proposal for a directive for monitoring traceability and combating contraband will represent a huge economic and administrative burden for businesses (particularly the smallest) and for Member States. This will compromise its effectiveness and breach the relevant provisions of the WHO Framework Convention on Tobacco Control; |
| --- | --- |

16.

believes that the specific features included in the proposal for a directive for monitoring traceability and combating contraband will represent a huge economic and administrative burden for businesses (particularly the smallest) and for Member States. This will compromise its effectiveness and breach the relevant provisions of the WHO Framework Convention on Tobacco Control;

| 17. | draws attention to the fact that non-standard packs are currently present at the national or regional markets across Europe and their removal may have negative consequences on the revenue of the regions where these packs are produced. This negative economic impact may be particularly strong in the areas already suffering from the current economic crisis; |
| --- | --- |

17.

draws attention to the fact that non-standard packs are currently present at the national or regional markets across Europe and their removal may have negative consequences on the revenue of the regions where these packs are produced. This negative economic impact may be particularly strong in the areas already suffering from the current economic crisis;

| 18. | on the other hand, warns that these control measures will be of little use if the rest of the directive's provisions could lead to an increase in contraband, particularly in the outermost regions and municipalities as well as contraband from third countries, and therefore asks the European Commission and the Member States to step up the fight against contraband; |
| --- | --- |

18.

on the other hand, warns that these control measures will be of little use if the rest of the directive's provisions could lead to an increase in contraband, particularly in the outermost regions and municipalities as well as contraband from third countries, and therefore asks the European Commission and the Member States to step up the fight against contraband;

Improved consistency between EU policies

| 19. | considers the new definition of "cigarillo" proposed in the directive to be inconsistent and unnecessary since it is contrary to Council Directive 2011/64/EU of 21 June 2011, on the structure and rates of excise duty applied to manufactured tobacco; |
| --- | --- |

19.

considers the new definition of "cigarillo" proposed in the directive to be inconsistent and unnecessary since it is contrary to Council Directive 2011/64/EU of 21 June 2011, on the structure and rates of excise duty applied to manufactured tobacco;

Subsidiarity and delegated acts

| 20. | warns that the delegated and implementing acts give the European Commission wide powers to amend or supplement, unilaterally and a posteriori, essentials aspects of the directive such as the maximum levels of additives, flavours and tastes which may be prohibited, and the wording, location and size of health warnings; |
| --- | --- |

20.

warns that the delegated and implementing acts give the European Commission wide powers to amend or supplement, unilaterally and a posteriori, essentials aspects of the directive such as the maximum levels of additives, flavours and tastes which may be prohibited, and the wording, location and size of health warnings;

| 21. | believes that recourse to delegated acts, as set out in the proposal, gives the European Commission excessive discretional powers of action which might contravene the Lisbon Treaty, which stipulates that delegated acts may only be used to amend or supplement "non-essential elements" of a legislative act, which is not the case in this instance; |
| --- | --- |

21.

believes that recourse to delegated acts, as set out in the proposal, gives the European Commission excessive discretional powers of action which might contravene the Lisbon Treaty, which stipulates that delegated acts may only be used to amend or supplement "non-essential elements" of a legislative act, which is not the case in this instance;

| 22. | in relation to cigars, cigarillos and pipe tobacco, the proposal also provides for the power to automatically withdraw certain exemptions set out in the text if there is a "substantial change of circumstances" which is linked to an increase in sales volume of at least 10% in at least 10 Member States, or of 5% among smokers under the age of 25. In 10 of the 27 current Member States, the market for these products is extremely small and a 10% change could easily occur, meaning that this provision makes no sense and creates major legal uncertainty in this sub-sector. The Committee of the Regions feels that this provision is too general and too broad and that this could lead to discretional use on the part of the Commission. |
| --- | --- |

22.

in relation to cigars, cigarillos and pipe tobacco, the proposal also provides for the power to automatically withdraw certain exemptions set out in the text if there is a "substantial change of circumstances" which is linked to an increase in sales volume of at least 10% in at least 10 Member States, or of 5% among smokers under the age of 25. In 10 of the 27 current Member States, the market for these products is extremely small and a 10% change could easily occur, meaning that this provision makes no sense and creates major legal uncertainty in this sub-sector. The Committee of the Regions feels that this provision is too general and too broad and that this could lead to discretional use on the part of the Commission.

II.   RECOMMENDATIONS FOR AMENDMENTS

Amendment 1

Recital 8

| Text proposed by the Commission | CoR amendment |
| --- | --- |
| In accordance with Article 114(3) of the Treaty of the Functioning of the European Union (hereinafter: "Treaty"), a high level of health protection should be taken as a basis, regard being had, in particular, to any new developments based on scientific facts. Tobacco products are not ordinary commodities and in view of the particularly harmful effects of tobacco, health protection should be given high importance, in particular to reduce smoking prevalence among young people. | In accordance with Article 114(3) of the Treaty of the Functioning of the European Union (hereinafter: "Treaty"), a high level of health protection should be taken as a basis, regard being had, in particular, to any new developments based on scientific facts. Tobacco products are not ordinary commodities and in view of the particularly harmful effects of tobacco, health protection should be given high importance, in particular to reduce smoking prevalence among young people. Regular public education and awareness-raising campaigns should be promoted, providing advice in primary and secondary schools. |

Text proposed by the Commission

CoR amendment

In accordance with Article 114(3) of the Treaty of the Functioning of the European Union (hereinafter: "Treaty"), a high level of health protection should be taken as a basis, regard being had, in particular, to any new developments based on scientific facts. Tobacco products are not ordinary commodities and in view of the particularly harmful effects of tobacco, health protection should be given high importance, in particular to reduce smoking prevalence among young people.

In accordance with Article 114(3) of the Treaty of the Functioning of the European Union (hereinafter: "Treaty"), a high level of health protection should be taken as a basis, regard being had, in particular, to any new developments based on scientific facts. Tobacco products are not ordinary commodities and in view of the particularly harmful effects of tobacco, health protection should be given high importance, in particular to reduce smoking prevalence among young people. Regular public education and awareness-raising campaigns should be promoted, providing advice in primary and secondary schools.

Reason

Public education and awareness-raising campaigns will have a greater impact on public health than simple interventionist or prohibitionist measures based on arbitrary bans.

Amendment 2

Recital 13

| Text proposed by the Commission | CoR amendment |
| --- | --- |
| The current use of different reporting formats makes it difficult for manufacturers and importers to fulfil their reporting obligations and burdensome for the Member States and the Commission to compare, analyse and draw conclusions from the information received. In this light there should be a common mandatory format for the reporting of ingredients and emissions. The greatest possible transparency of product information should be ensured for the general public, while ensuring that appropriate account is taken of the commercial and intellectual property rights of the manufacturers of tobacco products. | The current use of different reporting formats makes it difficult for manufacturers and importers to fulfil their reporting obligations and burdensome for the Member States and the Commission to compare, analyse and draw conclusions from the information received. In this light there should be a common mandatory format for the reporting of ingredients and emissions. The greatest possible transparency of product information should be ensured for the general public, while ensuring that appropriate account is taken of the commercial and intellectual property rights of the manufacturers of tobacco products and that WTO (World Trade Organization) agreements are complied with. |

Text proposed by the Commission

CoR amendment

The current use of different reporting formats makes it difficult for manufacturers and importers to fulfil their reporting obligations and burdensome for the Member States and the Commission to compare, analyse and draw conclusions from the information received. In this light there should be a common mandatory format for the reporting of ingredients and emissions. The greatest possible transparency of product information should be ensured for the general public, while ensuring that appropriate account is taken of the commercial and intellectual property rights of the manufacturers of tobacco products.

The current use of different reporting formats makes it difficult for manufacturers and importers to fulfil their reporting obligations and burdensome for the Member States and the Commission to compare, analyse and draw conclusions from the information received. In this light there should be a common mandatory format for the reporting of ingredients and emissions. The greatest possible transparency of product information should be ensured for the general public, while ensuring that appropriate account is taken of the commercial and intellectual property rights of the manufacturers of tobacco products and that WTO (World Trade Organization) agreements are complied with.

Reason

At the international level, the European Commission should have officially notified the proposal for a directive to the Technical Barriers to Trade Committee (TBT), because some of its proposals could breach International trade rules.

Amendment 3

Recital 18

| Text proposed by the Commission | CoR amendment |
| --- | --- |
| Considering the Directive's focus on young people, tobacco products other than cigarettes, roll-your-own tobacco and smokeless tobacco which are mainly consumed by olderconsumers, should be granted an exemption from certain ingredients requirements as long as there is no substantial change of circumstances in terms of sales volumes or consumption patterns in relation to young people. | Considering the Directive's focus on young people, tobacco products other than cigarettes and roll-your-own tobacco and smokeless tobacco which are mainly consumed byolder consumers, should be granted an exemption from certain ingredients requirements as long as there is no substantial change of circumstances in terms of sales volumes or consumption patterns in relation to young people. |

Text proposed by the Commission

CoR amendment

Considering the Directive's focus on young people, tobacco products other than cigarettes, roll-your-own tobacco and smokeless tobacco which are mainly consumed by olderconsumers, should be granted an exemption from certain ingredients requirements as long as there is no substantial change of circumstances in terms of sales volumes or consumption patterns in relation to young people.

Considering the Directive's focus on young people, tobacco products other than cigarettes and roll-your-own tobacco and smokeless tobacco which are mainly consumed byolder consumers, should be granted an exemption from certain ingredients requirements as long as there is no substantial change of circumstances in terms of sales volumes or consumption patterns in relation to young people.

Reason

This amendment takes into consideration the general approach agreed on the Directive by the Employment, Social Policy, Health and Consumer Affairs Council at its meeting on 21 June 2013 according to which the ban of characterising flavours should extend to cigarettes and roll-your-own tobacco, leaving other types of tobacco products aside.

Amendment 4

Recital 24

| Text proposed by the Commission | CoR amendment |
| --- | --- |
| Tobacco products for smoking, other than cigarettes and roll-your-own tobacco products, which are mainly consumed by older consumers, should be granted an exemption from certain labelling requirements as long as there is no substantial change of circumstances in terms of sales volumes or consumption patterns in relation to young people. The labelling of these other tobacco products should follow specific rules. The visibility of the health warnings on smokeless tobacco products needs to be ensured. Warnings should therefore be placed on the two main surfaces of smokeless tobacco product packaging. | Tobacco products for smoking, other than cigarettes and roll-your-own tobacco products, which are mainly consumed by older consumers, except in specific local communities, should be granted an exemption from certain labelling requirements as long as there is no substantial change of circumstances in terms of sales volumes or consumption patterns in relation to young people. The labelling of these other tobacco products should follow specific rules. The visibility of the health warnings on smokeless tobacco products needs to be ensured. Warnings should therefore be placed on the two main surfaces of smokeless tobacco product packaging. Specific consideration will be given to monitoring the consumption patterns of niche tobacco products, such as water pipe products, amongst minority ethnic communities within Member States. |

Text proposed by the Commission

CoR amendment

Tobacco products for smoking, other than cigarettes and roll-your-own tobacco products, which are mainly consumed by older consumers, should be granted an exemption from certain labelling requirements as long as there is no substantial change of circumstances in terms of sales volumes or consumption patterns in relation to young people. The labelling of these other tobacco products should follow specific rules. The visibility of the health warnings on smokeless tobacco products needs to be ensured. Warnings should therefore be placed on the two main surfaces of smokeless tobacco product packaging.

Tobacco products for smoking, other than cigarettes and roll-your-own tobacco products, which are mainly consumed by older consumers, except in specific local communities, should be granted an exemption from certain labelling requirements as long as there is no substantial change of circumstances in terms of sales volumes or consumption patterns in relation to young people. The labelling of these other tobacco products should follow specific rules. The visibility of the health warnings on smokeless tobacco products needs to be ensured. Warnings should therefore be placed on the two main surfaces of smokeless tobacco product packaging. Specific consideration will be given to monitoring the consumption patterns of niche tobacco products, such as water pipe products, amongst minority ethnic communities within Member States.

Amendment 5

Recital 30

| Text proposed by the Commission | CoR amendment |
| --- | --- |
| Cross-border distance sales of tobacco facilitate access to tobacco products of young people and risk to undermine compliance with the requirements provided for by tobacco control legislation and in particular by this Directive. Common rules on a notification system are necessary to ensure that this Directive achieves its full potential. The provision on notification of cross-border distance sales of tobacco in this Directive should apply notwithstanding the notification procedure set out in Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services (1). Business to consumer distance sale of tobacco products is further regulated by Directive 97/7/ECof the European Parliament and the Council of 20 May 1997 on the protection of consumers in respect of distance contracts, which will be replaced by Directive 2011/83/EU of the European Parliament and the Council of 25 October 2011 on consumer rights, as of 13 June 2014 (2). | Cross-border distance sales of tobacco could be prohibited by the Member States as they facilitate access to tobacco products of young people and risk to undermine compliance with the requirements provided for by tobacco control legislation and in particular by of this Directive. Common rules on a notification system are necessary to ensure that this Directive achieves its full potential. The provision on notification of cross-border distance sales of tobacco in this Directive should apply notwithstanding the notification procedure set out in Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services (3). Business to consumerdistance sale of tobacco products is further regulated by Directive 97/7/EC of the European Parliament and the Council of 20 May 1997 on the protection of consumers in respect of distance contracts, which will be replaced by Directive 2011/83/EU of the European Parliament and the Council of 25 October 2011 on consumer rights, as of 13 June 2014 (4). |

Text proposed by the Commission

CoR amendment

Cross-border distance sales of tobacco facilitate access to tobacco products of young people and risk to undermine compliance with the requirements provided for by tobacco control legislation and in particular by this Directive. Common rules on a notification system are necessary to ensure that this Directive achieves its full potential. The provision on notification of cross-border distance sales of tobacco in this Directive should apply notwithstanding the notification procedure set out in Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services (1). Business to consumer distance sale of tobacco products is further regulated by Directive 97/7/ECof the European Parliament and the Council of 20 May 1997 on the protection of consumers in respect of distance contracts, which will be replaced by Directive 2011/83/EU of the European Parliament and the Council of 25 October 2011 on consumer rights, as of 13 June 2014 (2).

Cross-border distance sales of tobacco could be prohibited by the Member States as they facilitate access to tobacco products of young people and risk to undermine compliance with the requirements provided for by tobacco control legislation and in particular by of this Directive. Common rules on a notification system are necessary to ensure that this Directive achieves its full potential. The provision on notification of cross-border distance sales of tobacco in this Directive should apply notwithstanding the notification procedure set out in Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services (3). Business to consumerdistance sale of tobacco products is further regulated by Directive 97/7/EC of the European Parliament and the Council of 20 May 1997 on the protection of consumers in respect of distance contracts, which will be replaced by Directive 2011/83/EU of the European Parliament and the Council of 25 October 2011 on consumer rights, as of 13 June 2014 (4).

Reason

Cross-border distance sales constitute a small portion of tobacco trade. They may facilitate access to tobacco products to young people therefore the Member States should be able to ban these business-to-consumer sales should there be regional or national concerns raised. In the absence of such a ban, common rules of notification will be nonetheless needed to ensure thee the full compliance with the rules laid out by the directive.

Amendment 6

Recital 30

Add new recital after recital 30

| Text proposed by the Commission | CoR amendment |
| --- | --- |
| | Considering the strong potential of recruiting new (and young) smokers, the Members States should prohibit the principle of free distribution of tobacco products (via online retail outlets or in public areas). |

Text proposed by the Commission

CoR amendment

Considering the strong potential of recruiting new (and young) smokers, the Members States should prohibit the principle of free distribution of tobacco products (via online retail outlets or in public areas).

Reason

The proposed amendment is related to point 1 of the draft opinion: need to limit tobacco consumption to those 70% of smokers who start smoking before the age of 18.

Amendment 7

Recital 31

| Text proposed by the Commission | CoR amendment |
| --- | --- |
| All tobacco products have the potential to cause mortality, morbidity and disability and their consumption should be contained. It is therefore important to monitor developments as regards novel tobacco products. A notification obligation for novel tobacco products should be put on manufacturers and importers, without prejudice to the power of the Member States to ban or to authorise them. The Commission should monitor the development and submit a report 5 years after the transposition deadline of this Directive, in order to assess whether amendments to this Directive are necessary. | All tobacco products have the potential to cause mortality, morbidity and disability and their consumption should be contained. Public education and awareness-raising plans and campaigns concerning the serious health effects of smoking should therefore be promoted and developments as regards novel tobacco products monitored. A notification obligation for novel tobacco products should be put on manufacturers and importers, without prejudice to the power of the Member States to ban or to authorise them. The Commission should monitor the development and submit a report 5 years after the transposition deadline of this Directive, in order to assess whether amendments to this Directive are necessary. |

Text proposed by the Commission

CoR amendment

All tobacco products have the potential to cause mortality, morbidity and disability and their consumption should be contained. It is therefore important to monitor developments as regards novel tobacco products. A notification obligation for novel tobacco products should be put on manufacturers and importers, without prejudice to the power of the Member States to ban or to authorise them. The Commission should monitor the development and submit a report 5 years after the transposition deadline of this Directive, in order to assess whether amendments to this Directive are necessary.

All tobacco products have the potential to cause mortality, morbidity and disability and their consumption should be contained. Public education and awareness-raising plans and campaigns concerning the serious health effects of smoking should therefore be promoted and developments as regards novel tobacco products monitored. A notification obligation for novel tobacco products should be put on manufacturers and importers, without prejudice to the power of the Member States to ban or to authorise them. The Commission should monitor the development and submit a report 5 years after the transposition deadline of this Directive, in order to assess whether amendments to this Directive are necessary.

Reason

Public education and awareness-raising campaigns will have a greater impact on public health than simple interventionist or prohibitionist measures based on arbitrary bans.

Amendment 8

Article 2.20

Add new point within the article 2, after point 20

| Text proposed by the Commission | CoR amendment |
| --- | --- |
| | "niche tobacco" covers tobacco products , most commonly smokeless and pipe tobacco products such as Gutkha, Zarda, Nasal snuff, Sishaand Beedi, which are traditionally consumed by South Asian and other specific communities . |

Text proposed by the Commission

CoR amendment

"niche tobacco" covers tobacco products , most commonly smokeless and pipe tobacco products such as Gutkha, Zarda, Nasal snuff, Sishaand Beedi, which are traditionally consumed by South Asian and other specific communities .

Reason

Definition is currently missing from the Directive.

Amendment 9

Article 5.4

Add new point within the article 5 after point 4

| Text proposed by the Commission | CoR amendment |
| --- | --- |
| | Member States shall require manufacturers and importers to disclose their expenditure on advertising, promotion and sponsorship per Member State, on a yearly basis starting from the full calendar year following that of the entry into force of this Directive. |

Text proposed by the Commission

CoR amendment

Member States shall require manufacturers and importers to disclose their expenditure on advertising, promotion and sponsorship per Member State, on a yearly basis starting from the full calendar year following that of the entry into force of this Directive.

Reason

This amendment stems from the requirements of Article 13 of the WHO Framework Convention on Tobacco Control. This figure is currently not available for the EU.

Amendment 10

Article 6.4

| Text proposed by the Commission | CoR amendment |
| --- | --- |
| 4.   Member States shall prohibit the use of the following additives in tobacco products:






  (a) | vitamins and other additives that create the impression that a tobacco product has a health benefit or presents reduced health hazards, or |

Text proposed by the Commission

CoR amendment

4.   Member States shall prohibit the use of the following additives in tobacco products:

(a)

vitamins and other additives that create the impression that a tobacco product has a health benefit or presents reduced health hazards, or

| (b) | caffeine and taurine and other additives and stimulant compounds that are associated with energy and vitality, or |
| --- | --- |

(b)

caffeine and taurine and other additives and stimulant compounds that are associated with energy and vitality, or

| (c) | additives having colouring properties for emissions. |
| --- | --- |

(c)

additives having colouring properties for emissions.

4.   Member States shall prohibit the use of the following additives in tobacco products:

| (a) | vitamins and other additives that create the impression that a tobacco product has a health benefit or presents reduced health hazards, or |
| --- | --- |

(a)

vitamins and other additives that create the impression that a tobacco product has a health benefit or presents reduced health hazards, or

| (b) | caffeine and taurine and other additives and stimulant compounds that are associated with energy and vitality, or |
| --- | --- |

(b)

caffeine and taurine and other additives and stimulant compounds that are associated with energy and vitality, or

| (c) | additives having colouring properties for emissions, or |
| --- | --- |

(c)

additives having colouring properties for emissions, or

| (d) | additives that increase the addictiveness of nicotine. |
| --- | --- |

(d)

additives that increase the addictiveness of nicotine.

Reason

Self-explanatory. Also called for in the German Bundesrat's decision of 22 March 2013. See http://dipbt.bundestag.de/dip21/brd/2012/0820-12B.pdf (in German).

Amendment 11

Article 6.10

| Text proposed by the Commission | CoR amendment |
| --- | --- |
| Tobacco products other than cigarettes, roll-your-own tobacco and smokeless tobacco products shall be exempted from the prohibitions laid down in paragraphs 1 and 5. The Commission shall be empowered to adopt delegated acts in accordance with Article 22 to withdraw this exemption if there is a substantial change of circumstances as established in a Commission report. | Tobacco products other than cigarettes and roll-your-own tobacco and smokeless tobacco shall be exempted from the prohibitions laid down in paragraphs 1 and 5. The Commission shall be empowered to adopt delegated acts in accordance with Article 22 to withdraw this exemption if there is a substantial change of circumstances as established in a Commission report. |

Text proposed by the Commission

CoR amendment

Tobacco products other than cigarettes, roll-your-own tobacco and smokeless tobacco products shall be exempted from the prohibitions laid down in paragraphs 1 and 5. The Commission shall be empowered to adopt delegated acts in accordance with Article 22 to withdraw this exemption if there is a substantial change of circumstances as established in a Commission report.

Tobacco products other than cigarettes and roll-your-own tobacco and smokeless tobacco shall be exempted from the prohibitions laid down in paragraphs 1 and 5. The Commission shall be empowered to adopt delegated acts in accordance with Article 22 to withdraw this exemption if there is a substantial change of circumstances as established in a Commission report.

Reason

This amendment takes into consideration the general approach agreed on the Directive by the Employment, Social Policy, Health and Consumer Affairs Council at its meeting on 21 June 2013.

Amendment 12

Article 9.1 (c)

| Text proposed by the Commission | CoR amendment |
| --- | --- |
| (c) | cover 75% of the external area of both the front and the back surface of the unit packet and any outside packaging; |

Text proposed by the Commission

CoR amendment

(c)

cover 75% of the external area of both the front and the back surface of the unit packet and any outside packaging;

| (c) | cover 75
  65% of the external area of both the front and the back surface of the unit packet and any outside packaging; |
| --- | --- |

(c)

cover 75
  65% of the external area of both the front and the back surface of the unit packet and any outside packaging;

Reason

In line with the general approach agreed on the Directive by the Employment, Social Policy, Health and Consumer Affairs Council at its meeting on 21 June 2013.

Amendment 13

Article 9.1 (e)

| Text proposed by the Commission | CoR amendment |
| --- | --- |
| (e) | be positioned at the top edge of the unit packet and any outside packaging, and in the same direction as any other information appearing on the packaging; |

Text proposed by the Commission

CoR amendment

(e)

be positioned at the top edge of the unit packet and any outside packaging, and in the same direction as any other information appearing on the packaging;

| (e) | be positioned at the top or bottom edge of the unit packet and any outside packaging, and in the same direction as any other information appearing on the packaging; |
| --- | --- |

(e)

be positioned at the top or bottom edge of the unit packet and any outside packaging, and in the same direction as any other information appearing on the packaging;

Reason

Normal size tobacco packets with soft packaging do not have flip-top lids, and attached to the upper edge is the tax seal which also serves to keep the packet closed. Specifying that the combined health warning should be positioned on the upper edge of the packet would mean that this type of product would be rendered unviable. We are therefore suggesting introducing some flexibility into where these warnings should be placed, while retaining the necessary visibility of the warnings, by allowing them also to be positioned on the bottom edge of the packaging as an alternative.

Amendment 14

Article 9.1 (g)

| Text proposed by the Commission | CoR amendment |
| --- | --- |
| (g) | for unit packets of cigarettes, respect the following dimensions:






  (i) | height: not less than 64 mm; |

Text proposed by the Commission

CoR amendment

(g)

for unit packets of cigarettes, respect the following dimensions:

(i)

height: not less than 64 mm;

| (ii) | width: not less than 55 mm |
| --- | --- |

(ii)

width: not less than 55 mm

| (g) | for unit packets of cigarettes, respect the following dimensions:






  (i) | height: not less than 64 44 mm; |
| --- | --- | --- |

(g)

for unit packets of cigarettes, respect the following dimensions:

(i)

height: not less than 64 44 mm;

| (ii) | width: not less than 55 52 mm |
| --- | --- |

(ii)

width: not less than 55 52 mm

Amendment 15

Article 13.1

| Text proposed by the Commission | CoR amendment |
| --- | --- |
| A unit packet of cigarettes shall have a cuboid shape. A unit packet of roll-your-own tobacco shall have the form of a pouch, i.e. a rectangular pocket with a flap that covers the opening. The flap of the pouch shall cover at least 70% of the front of the packet. A unit packet of cigarettes shall include at least 20 cigarettes. A unit packet of roll-your-own tobacco shall contain tobacco weighing at least 40 g. | A unit packet of cigarettes shall have a cuboid shape. A unit packet of roll-your-own tobacco shall have the form of a pouch, i.e. a rectangular pocket with a flap that covers the opening. The flap of the pouch shall cover at least 70% of the front of the packet. A unit packet of cigarettes shall include at least 20 cigarettes. A unit packet of roll-your-own tobacco shall contain tobacco weighing at least 40 g. |

Text proposed by the Commission

CoR amendment

A unit packet of cigarettes shall have a cuboid shape. A unit packet of roll-your-own tobacco shall have the form of a pouch, i.e. a rectangular pocket with a flap that covers the opening. The flap of the pouch shall cover at least 70% of the front of the packet. A unit packet of cigarettes shall include at least 20 cigarettes. A unit packet of roll-your-own tobacco shall contain tobacco weighing at least 40 g.

A unit packet of cigarettes shall have a cuboid shape. A unit packet of roll-your-own tobacco shall have the form of a pouch, i.e. a rectangular pocket with a flap that covers the opening. The flap of the pouch shall cover at least 70% of the front of the packet. A unit packet of cigarettes shall include at least 20 cigarettes. A unit packet of roll-your-own tobacco shall contain tobacco weighing at least 40 g.

Reason

Article 13(1) of the draft directive stipulates that a unit packet of roll-your-own tobacco must have the form of a pouch. In general, the stricter rules associated with the draft directive, such as the expanded health warnings on cigarettes and roll-your-own tobacco, are to be welcomed from a public health point of view. However, the proposed ban on, for example, composite cans by limiting the permitted packaging for this product group to pouches does not lead to a significant improvement in public health protection, particularly as the purpose of protecting consumers through a packaging-based health warning can be fulfilled in accordance with the Guidelines for Implementation of Article 11 of the WHO Framework Convention on Tobacco Control.

Brussels, 3 July 2013.

The President of the Committee of the Regions

Ramón Luis VALCÁRCEL SISO

---

(1)  OJ L 178, 17.7.2000, p. 1-16.

1

(2)  OJ L 144, 4.6.1997, p. 19-27 and OJ L 304, 22.11.2011, p. 64-88.

2

(3)  OJ L 178, 17.7.2000, p. 1-16.

3

(4)  OJ L 144, 4.6.1997, p. 19-27 and OJ L 304, 22.11.2011, p. 64-88.

4

---

| 27.9.2013 | EN | Official Journal of the European Union | C 280/66 |
| --- | --- | --- | --- |

27.9.2013

EN

Official Journal of the European Union

C 280/66

---

Opinion of the Committee of the Regions on ‘Clean Power for Transport’

2013/C 280/12

THE COMMITTEE OF THE REGIONS

| — | emphasises that the proposal of the Commission cannot be realised solely through changes to transport systems; national energy policy also has a role to play, as Member States will need to opt for a long-term investment policy to develop infrastructure for alternative fuels; |
| --- | --- |

—

emphasises that the proposal of the Commission cannot be realised solely through changes to transport systems; national energy policy also has a role to play, as Member States will need to opt for a long-term investment policy to develop infrastructure for alternative fuels;

| — | while setting up deadlines for local infrastructure, the Commission should take into account not only geographic and climate conditions in a given region but also the latest technological developments and research and development efforts, as well as draw up an appropriate schedule so that a common standard can be developed and agreed on; |
| --- | --- |

—

while setting up deadlines for local infrastructure, the Commission should take into account not only geographic and climate conditions in a given region but also the latest technological developments and research and development efforts, as well as draw up an appropriate schedule so that a common standard can be developed and agreed on;

| — | emphasises that political decisions must take into account the need for costs to remain affordable for ordinary Europeans, especially at a time when household incomes in many Member States continue to decline; |
| --- | --- |

—

emphasises that political decisions must take into account the need for costs to remain affordable for ordinary Europeans, especially at a time when household incomes in many Member States continue to decline;

| — | requests to involve local and regional authorities in drawing up their country's national transport policy framework and administrative and legal standards, so as to ensure that they can be appropriately applied at local level while taking local conditions into account; |
| --- | --- |

—

requests to involve local and regional authorities in drawing up their country's national transport policy framework and administrative and legal standards, so as to ensure that they can be appropriately applied at local level while taking local conditions into account;

| — | calls for a balanced energy mix included in national strategy frameworks, as under no circumstances should we swap one kind of dependency (on oil from third countries) for another (natural gas from third countries); |
| --- | --- |

—

calls for a balanced energy mix included in national strategy frameworks, as under no circumstances should we swap one kind of dependency (on oil from third countries) for another (natural gas from third countries);

| — | urges that the standards fixed for infrastructure be based on EU standards, which are entirely in line with international standards; it is important here to avoid having to revise these standards; |
| --- | --- |

—

urges that the standards fixed for infrastructure be based on EU standards, which are entirely in line with international standards; it is important here to avoid having to revise these standards;

| — | believes that a change in consumer behaviour is of key importance to local and regional authorities, who can influence consumer preferences and choices in their own ways, by introducing concessions for the benefit of consumers; |
| --- | --- |

—

believes that a change in consumer behaviour is of key importance to local and regional authorities, who can influence consumer preferences and choices in their own ways, by introducing concessions for the benefit of consumers;

| — | notes that infrastructure development requirements for urban or peri-urban infrastructure should be replaced by requirements to be set by the Member States themselves, with the involvement of local and regional authorities. |
| --- | --- |

—

notes that infrastructure development requirements for urban or peri-urban infrastructure should be replaced by requirements to be set by the Member States themselves, with the involvement of local and regional authorities.

| Rapporteur | Ms Saima KALEV (EE/EA), Member of Jõgeva Municipal Council |
| --- | --- |
| Reference documents | Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions — Clean Power for Transport: A European alternative fuels strategy
  COM(2013) 17 final
  Proposal for a Directive of the European Parliament and of the Council on the deployment of alternative fuels infrastructure
  COM(2013) 18 final |

Rapporteur

Ms Saima KALEV (EE/EA), Member of Jõgeva Municipal Council

Reference documents

Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions — Clean Power for Transport: A European alternative fuels strategy

COM(2013) 17 final

Proposal for a Directive of the European Parliament and of the Council on the deployment of alternative fuels infrastructure

COM(2013) 18 final

I.   POLITICAL RECOMMENDATIONS

THE COMMITTEE OF THE REGIONS

| 1. | welcomes the proposals set out in the Commission's Communication on "Clean Power for Transport" as an opportunity for implementing the Resource-efficient Europe flagship initiative of the Europe 2020 Strategy (1) and objectives set out in the White Paper on transport policy (2). However the Committee emphasises that this opportunity cannot be realised solely through changes to transport systems; national energy policy also has a role to play, as Member States will need to opt for a long-term investment policy to develop infrastructure for alternative fuels; |
| --- | --- |

1.

welcomes the proposals set out in the Commission's Communication on "Clean Power for Transport" as an opportunity for implementing the Resource-efficient Europe flagship initiative of the Europe 2020 Strategy (1) and objectives set out in the White Paper on transport policy (2). However the Committee emphasises that this opportunity cannot be realised solely through changes to transport systems; national energy policy also has a role to play, as Member States will need to opt for a long-term investment policy to develop infrastructure for alternative fuels;

| 2. | agrees with the Commission's view that the key question in relation to market roll-out is whether economies of scale and the promotion of alternative fuels across the EU can be ensured. For this to happen, we need a uniform, stable and comprehensive strategy together with an investment-friendly regulatory framework, but this is lacking. In fixing deadlines for setting up local infrastructure, the Commission will therefore have to take into account not only geographic and climate conditions in a given region but also the latest technological developments and research and development efforts. It will need to draw up an appropriate schedule so that a common standard can be developed and agreed on; |
| --- | --- |

2.

agrees with the Commission's view that the key question in relation to market roll-out is whether economies of scale and the promotion of alternative fuels across the EU can be ensured. For this to happen, we need a uniform, stable and comprehensive strategy together with an investment-friendly regulatory framework, but this is lacking. In fixing deadlines for setting up local infrastructure, the Commission will therefore have to take into account not only geographic and climate conditions in a given region but also the latest technological developments and research and development efforts. It will need to draw up an appropriate schedule so that a common standard can be developed and agreed on;

| 3. | feels that the deadlines set by the Commission in the directive (3) are too short, given that adoption of the national policy frameworks and the relevant administrative and legislative acts will require cooperation with local and regional authorities together with in-depth national analysis, debate and development of financing solutions; |
| --- | --- |

3.

feels that the deadlines set by the Commission in the directive (3) are too short, given that adoption of the national policy frameworks and the relevant administrative and legislative acts will require cooperation with local and regional authorities together with in-depth national analysis, debate and development of financing solutions;

| 4. | emphasises that political decisions must take into account the need for prices to remain affordable for ordinary Europeans, especially at a time when household incomes in many Member States continue to decline. The same applies to infrastructure and alternative fuel costs; |
| --- | --- |

4.

emphasises that political decisions must take into account the need for prices to remain affordable for ordinary Europeans, especially at a time when household incomes in many Member States continue to decline. The same applies to infrastructure and alternative fuel costs;

Significance and role of the local and regional level

| 5. | notes that the alternative fuel strategy serves the transport policy goal of introducing alternative fuels in all EU Member States, something which significantly affects how transport is organised and used at local and regional level. In this regard, a stronger role for regional and local policies will be crucial to the development of alternative fuels in transport; |
| --- | --- |

5.

notes that the alternative fuel strategy serves the transport policy goal of introducing alternative fuels in all EU Member States, something which significantly affects how transport is organised and used at local and regional level. In this regard, a stronger role for regional and local policies will be crucial to the development of alternative fuels in transport;

| 6. | local and regional authorities should therefore be involved in drawing up their country's national transport policy framework and administrative and legal standards, so as to ensure that they can be appropriately applied at local level while taking local conditions into account, thus guaranteeing that they also contain a policy for alternative fuels, in accordance with the Commission's intent. At the same time, use must be made of existing European initiatives in cities, such as the Covenant of Mayors, in order to guide and strengthen the commitments contained in sustainable energy action plans regarding local alternative fuel systems in transport; |
| --- | --- |

6.

local and regional authorities should therefore be involved in drawing up their country's national transport policy framework and administrative and legal standards, so as to ensure that they can be appropriately applied at local level while taking local conditions into account, thus guaranteeing that they also contain a policy for alternative fuels, in accordance with the Commission's intent. At the same time, use must be made of existing European initiatives in cities, such as the Covenant of Mayors, in order to guide and strengthen the commitments contained in sustainable energy action plans regarding local alternative fuel systems in transport;

| 7. | feels that, as a body representing local and regional representatives, the Committee should step up and support the consultation and discussion about alternative fuels, in order to ensure cleaner and greener cities and regions. The Committee should also encourage debate on how local and regional authorities can influence people's behaviour and encourage wider use of vehicles powered by alternative fuels; |
| --- | --- |

7.

feels that, as a body representing local and regional representatives, the Committee should step up and support the consultation and discussion about alternative fuels, in order to ensure cleaner and greener cities and regions. The Committee should also encourage debate on how local and regional authorities can influence people's behaviour and encourage wider use of vehicles powered by alternative fuels;

| 8. | highlights the Commission's view that strong action by the EU to pioneer innovative solutions for alternative fuels will open up new market opportunities for European industry, while ensuring EU competitiveness on global markets and allowing the creation of 700 000 new jobs (4). These jobs will be created locally under the jurisdictions of local and regional authorities, which should therefore be given a say on the drawing up of the relevant national strategies, |
| --- | --- |

8.

highlights the Commission's view that strong action by the EU to pioneer innovative solutions for alternative fuels will open up new market opportunities for European industry, while ensuring EU competitiveness on global markets and allowing the creation of 700 000 new jobs (4). These jobs will be created locally under the jurisdictions of local and regional authorities, which should therefore be given a say on the drawing up of the relevant national strategies,

| 9. | argues that supporting the role of local and regional authorities would enable greater synergies and optimise infrastructure development costs. For example, more decision-making powers and cross-border cooperation would enable use of these facilities; |
| --- | --- |

9.

argues that supporting the role of local and regional authorities would enable greater synergies and optimise infrastructure development costs. For example, more decision-making powers and cross-border cooperation would enable use of these facilities;

| 10. | refers to the Committee of the Regions' opinion on the White Paper Roadmap to a Single European Transport Area
   (5), and endorses the White Paper's objective of halving the percentage of conventionally fuelled cars by 2030, eliminating them entirely from urban traffic by 2050, and achieving virtually carbon-free urban traffic in major urban centres by 2030; |
| --- | --- |

10.

refers to the Committee of the Regions' opinion on the White Paper Roadmap to a Single European Transport Area
   (5), and endorses the White Paper's objective of halving the percentage of conventionally fuelled cars by 2030, eliminating them entirely from urban traffic by 2050, and achieving virtually carbon-free urban traffic in major urban centres by 2030;

Dependence on energy from third countries

| 11. | calls on the Commission to emphasise in this proposal for a directive that in order to address one of its main concerns — ensuring independence from oil — the national strategy frameworks should contain a balanced energy mix. Under no circumstances should we swap one kind of dependency (on oil from third countries) for another (natural gas from third countries). The proposal for diversifying energy sources for alternative fuels should take account of various raw materials needed to produce such fuels and available to local and regional authorities; |
| --- | --- |

11.

calls on the Commission to emphasise in this proposal for a directive that in order to address one of its main concerns — ensuring independence from oil — the national strategy frameworks should contain a balanced energy mix. Under no circumstances should we swap one kind of dependency (on oil from third countries) for another (natural gas from third countries). The proposal for diversifying energy sources for alternative fuels should take account of various raw materials needed to produce such fuels and available to local and regional authorities;

Financing from existing EU funds

| 12. | is concerned that application of the proposal for a directive could lead to financial bottlenecks, even if some of the activity is funded by Horizon 2020, TEN-T, or the private sector. In future it should also be possible to use cohesion policy funding to finance local and regional policy measures to promote clean transport policy. Investment needs at both EU and at national level should be considered when planning expenditure for the next funding period; |
| --- | --- |

12.

is concerned that application of the proposal for a directive could lead to financial bottlenecks, even if some of the activity is funded by Horizon 2020, TEN-T, or the private sector. In future it should also be possible to use cohesion policy funding to finance local and regional policy measures to promote clean transport policy. Investment needs at both EU and at national level should be considered when planning expenditure for the next funding period;

| 13. | is concerned about the funding of cross-border alliances, given that on 8 February 2013 the European Council reached an agreement on the next multiannual financial framework (6) and EU budget priorities for 2014–2020 that envisages a cut in funding for cross-border cooperation; |
| --- | --- |

13.

is concerned about the funding of cross-border alliances, given that on 8 February 2013 the European Council reached an agreement on the next multiannual financial framework (6) and EU budget priorities for 2014–2020 that envisages a cut in funding for cross-border cooperation;

| 14. | great care must be taken to ensure that the policies introduced by the Member States do not create a border effect as a result of regional inequality. The Committee therefore recommends providing minimum mitigation arrangements (e.g. in freight transport, setting up priority corridors for alternative fuels, to be co-financed with EC funds); |
| --- | --- |

14.

great care must be taken to ensure that the policies introduced by the Member States do not create a border effect as a result of regional inequality. The Committee therefore recommends providing minimum mitigation arrangements (e.g. in freight transport, setting up priority corridors for alternative fuels, to be co-financed with EC funds);

| 15. | points out that in its view (7) infrastructure investment may be needed even in more developed regions in areas where basic public services are provided — including the environment and transport — notably in conjunction with the Commission's proposal to increase the use of alternative fuels in the transport sector. In terms of possible funding and financing, the European Investment Bank is a key partner in launching investments, providing technical assistance and financing investments with support from EIP loans; |
| --- | --- |

15.

points out that in its view (7) infrastructure investment may be needed even in more developed regions in areas where basic public services are provided — including the environment and transport — notably in conjunction with the Commission's proposal to increase the use of alternative fuels in the transport sector. In terms of possible funding and financing, the European Investment Bank is a key partner in launching investments, providing technical assistance and financing investments with support from EIP loans;

| 16. | emphasises that forecasts of investment needs should be realistic and comprehensive, and funding options from various EU funds and within thematic objectives for 2014-2020 should be presented clearly and coherently, together with links to be developed with future smart specialisation strategies; |
| --- | --- |

16.

emphasises that forecasts of investment needs should be realistic and comprehensive, and funding options from various EU funds and within thematic objectives for 2014-2020 should be presented clearly and coherently, together with links to be developed with future smart specialisation strategies;

| 17. | argues that in the medium to long term users should pay for recharging and refuelling infrastructure. Public subsidies should only be used to get the ball rolling; |
| --- | --- |

17.

argues that in the medium to long term users should pay for recharging and refuelling infrastructure. Public subsidies should only be used to get the ball rolling;

Common standards

| 18. | agrees that the lack of harmonised development of alternative fuels infrastructure across the Union prevents the development of economies of scale on the supply side and EU-wide mobility on the demand side. In order to break this vicious circle, the Commission must prioritise the development of new infrastructure networks; |
| --- | --- |

18.

agrees that the lack of harmonised development of alternative fuels infrastructure across the Union prevents the development of economies of scale on the supply side and EU-wide mobility on the demand side. In order to break this vicious circle, the Commission must prioritise the development of new infrastructure networks;

| 19. | points out that the Committee has already welcomed and backed the "Roadmap to a Single European Transport Area — Towards a Competitive and Resource Efficient Transport System" (8) and the action plan set out in it. That document proposed setting appropriate CO2 exhaust standards for all vehicles powered by clean fuels and drawing up guidelines and standards for a green filling-station infrastructure; |
| --- | --- |

19.

points out that the Committee has already welcomed and backed the "Roadmap to a Single European Transport Area — Towards a Competitive and Resource Efficient Transport System" (8) and the action plan set out in it. That document proposed setting appropriate CO2 exhaust standards for all vehicles powered by clean fuels and drawing up guidelines and standards for a green filling-station infrastructure;

| 20. | agrees with the Commission that uniform technical standards are needed to ensure market penetration, economic growth and widespread use of alternative fuels in the European Union, and notes that such solutions must be found quickly, but with an understanding of the economic needs of each Member State. The Committee emphasises that when calculating deadlines for infrastructure development, the Commission should allow more time for drawing up, and for adopting and implementing, common standards than is envisaged by the directive; |
| --- | --- |

20.

agrees with the Commission that uniform technical standards are needed to ensure market penetration, economic growth and widespread use of alternative fuels in the European Union, and notes that such solutions must be found quickly, but with an understanding of the economic needs of each Member State. The Committee emphasises that when calculating deadlines for infrastructure development, the Commission should allow more time for drawing up, and for adopting and implementing, common standards than is envisaged by the directive;

| 21. | urges that the standards fixed for infrastructure be based on EU standards, which are entirely in line with international standards; it is important here to avoid having to revise these standards. The Committee believes that the right laid down in the Commission proposal to use delegated acts to amend the technical requirements for recharging and refuelling points creates uncertainty for investors, industry and consumers when it comes to financing long-term investment; |
| --- | --- |

21.

urges that the standards fixed for infrastructure be based on EU standards, which are entirely in line with international standards; it is important here to avoid having to revise these standards. The Committee believes that the right laid down in the Commission proposal to use delegated acts to amend the technical requirements for recharging and refuelling points creates uncertainty for investors, industry and consumers when it comes to financing long-term investment;

| 22. | points out that the infrastructure standards must be economically appropriate and compatible with existing investment and the vehicles that are already on the market while acknowledging the fact that economies of scale in small Member States, regions and localities may not result in cost-effective deployment of a variety of alternative fuels; |
| --- | --- |

22.

points out that the infrastructure standards must be economically appropriate and compatible with existing investment and the vehicles that are already on the market while acknowledging the fact that economies of scale in small Member States, regions and localities may not result in cost-effective deployment of a variety of alternative fuels;

| 23. | points out that the strategic framework must contain information requirements, as well as policy and regulatory measures for carrying out scientific studies and setting both objectives and provisions for cooperation with other Member States, in order to ensure a uniform infrastructure and free movement of people and goods across the EU; |
| --- | --- |

23.

points out that the strategic framework must contain information requirements, as well as policy and regulatory measures for carrying out scientific studies and setting both objectives and provisions for cooperation with other Member States, in order to ensure a uniform infrastructure and free movement of people and goods across the EU;

| 24. | endorses the intention of including all possible options in the strategy while respecting the principle of technological neutrality, without giving special preference to any particular fuel, while requiring that common technical specifications should be in place for these options; also notes that it is important to frame and to implement effective criteria for the sustainability of biofuels. The commercial availability of second-generation biofuels must be ensured so as not to upset the natural balance of environment, food supplies and the market, or social equity, as the CoR has noted in earlier statements and opinions (9); |
| --- | --- |

24.

endorses the intention of including all possible options in the strategy while respecting the principle of technological neutrality, without giving special preference to any particular fuel, while requiring that common technical specifications should be in place for these options; also notes that it is important to frame and to implement effective criteria for the sustainability of biofuels. The commercial availability of second-generation biofuels must be ensured so as not to upset the natural balance of environment, food supplies and the market, or social equity, as the CoR has noted in earlier statements and opinions (9);

| 25. | considers that requirements for shipping should comply with IMO rules; |
| --- | --- |

25.

considers that requirements for shipping should comply with IMO rules;

Private sector involvement

| 26. | emphasises that private sector involvement in financing infrastructure is urgently needed, because companies are among the main potential beneficiaries of this directive: they are being given the prospect of manufacturing and selling new products, whereby they will develop and use a new infrastructure for alternative fuels; |
| --- | --- |

26.

emphasises that private sector involvement in financing infrastructure is urgently needed, because companies are among the main potential beneficiaries of this directive: they are being given the prospect of manufacturing and selling new products, whereby they will develop and use a new infrastructure for alternative fuels;

| 27. | points out that attention must be paid when implementing the Commission's proposals to ensure minimum harm to the free market and competition. Incentives must be created for private companies and existing risks and concerns must be removed; |
| --- | --- |

27.

points out that attention must be paid when implementing the Commission's proposals to ensure minimum harm to the free market and competition. Incentives must be created for private companies and existing risks and concerns must be removed;

| 28. | in order to remove barriers and reduce costs, it is recommended to reach agreement between public bodies and service station operators, to increase the use of alternative fuels, so as to ensure that use is made of existing distribution infrastructure, such as multi-energy, thereby preventing the duplication of such infrastructure; |
| --- | --- |

28.

in order to remove barriers and reduce costs, it is recommended to reach agreement between public bodies and service station operators, to increase the use of alternative fuels, so as to ensure that use is made of existing distribution infrastructure, such as multi-energy, thereby preventing the duplication of such infrastructure;

Measurable results

| 29. | welcomes the Commission intention to control national policy decisions, but given that this proposal for a directive is first and foremost intended to reduce greenhouse gas emissions and dependence on oil, the Member States should present in their national policy measure packages not just indicators relating to infrastructure for alternative fuels, but also the anticipated results — both for reducing emissions and for reducing oil dependence and introducing alternative fuels. These results should be presented at the scale of the relevant local and regional territorial units in order to assess any internal asymmetries within each Member State; |
| --- | --- |

29.

welcomes the Commission intention to control national policy decisions, but given that this proposal for a directive is first and foremost intended to reduce greenhouse gas emissions and dependence on oil, the Member States should present in their national policy measure packages not just indicators relating to infrastructure for alternative fuels, but also the anticipated results — both for reducing emissions and for reducing oil dependence and introducing alternative fuels. These results should be presented at the scale of the relevant local and regional territorial units in order to assess any internal asymmetries within each Member State;

| 30. | considers that the measurement of results must be based on comparable indicators and demonstrate the efficiency/sustainability of energy production and consumption (lifecycle/lifetime of the fuel) as broadly as possible — not just in relation to reducing carbon emissions; |
| --- | --- |

30.

considers that the measurement of results must be based on comparable indicators and demonstrate the efficiency/sustainability of energy production and consumption (lifecycle/lifetime of the fuel) as broadly as possible — not just in relation to reducing carbon emissions;

Pollution from fuel production

| 31. | calls on the Commission to stress in its proposal for a directive that in pursuing the main objective — i.e. reduction in greenhouse gases — it is necessary to identify which energy sources it is most appropriate to use. The point of this is to avoid the reduction in transport emissions being paid for by higher greenhouse gas emissions as a result of electricity production or by some other type of environmental pollution; |
| --- | --- |

31.

calls on the Commission to stress in its proposal for a directive that in pursuing the main objective — i.e. reduction in greenhouse gases — it is necessary to identify which energy sources it is most appropriate to use. The point of this is to avoid the reduction in transport emissions being paid for by higher greenhouse gas emissions as a result of electricity production or by some other type of environmental pollution;

| 32. | welcomes the adherence to the principle of technological neutrality. Although all alternative fuels must be addressed in the strategy, energy efficiency, environmental performance (renewable energy), economic (political) autonomy, security of supply and social issues must also be regarded as key factors; |
| --- | --- |

32.

welcomes the adherence to the principle of technological neutrality. Although all alternative fuels must be addressed in the strategy, energy efficiency, environmental performance (renewable energy), economic (political) autonomy, security of supply and social issues must also be regarded as key factors;

Rural and sparsely populated areas

| 33. | stresses that the transition from oil-based fuels to alternative fuels is also important for rural areas — perhaps even more important given their low population density. This means that the Member States must take rural areas into account when planning their national policy approach and draw up strategies that provide the necessary infrastructure that will ensure both successful transition to use of alternative fuels and the exploitation of indigenous resources that are capable of supplying such fuels. Sparsely populated areas can face the same problems as rural areas and should therefore receive particular attention; |
| --- | --- |

33.

stresses that the transition from oil-based fuels to alternative fuels is also important for rural areas — perhaps even more important given their low population density. This means that the Member States must take rural areas into account when planning their national policy approach and draw up strategies that provide the necessary infrastructure that will ensure both successful transition to use of alternative fuels and the exploitation of indigenous resources that are capable of supplying such fuels. Sparsely populated areas can face the same problems as rural areas and should therefore receive particular attention;

Urban transport

| 34. | notes that the transition to a more sustainable transport policy is a key aspect of urban transport (10), as the Committee has pointed out in previous opinions; |
| --- | --- |

34.

notes that the transition to a more sustainable transport policy is a key aspect of urban transport (10), as the Committee has pointed out in previous opinions;

| 35. | points out that in cities and conurbations, alternative fuel vehicles should not be used at the expense of public transport. Rather than generating more private car traffic, the aim should be to develop more facilities to encourage the change to environmental transport modes, in particular to complement public transport; |
| --- | --- |

35.

points out that in cities and conurbations, alternative fuel vehicles should not be used at the expense of public transport. Rather than generating more private car traffic, the aim should be to develop more facilities to encourage the change to environmental transport modes, in particular to complement public transport;

| 36. | suggests that the CoR could reinforce and support consultation and exchanges of experience on the use of alternative fuels in urban transport so as to ensure cleaner and more environment-friendly cities; |
| --- | --- |

36.

suggests that the CoR could reinforce and support consultation and exchanges of experience on the use of alternative fuels in urban transport so as to ensure cleaner and more environment-friendly cities;

| 37. | points out that the Committee has already spoken out in favour of drawing up urban mobility plans, which could be supported by the European Regional Development Fund (ERDF) (11) in the future; |
| --- | --- |

37.

points out that the Committee has already spoken out in favour of drawing up urban mobility plans, which could be supported by the European Regional Development Fund (ERDF) (11) in the future;

| 38. | points out that a European alternative fuel strategy is a great opportunity to bolster both cycling and local public transport. Electromobility strategies must therefore explicitly involve cycling and public transport; |
| --- | --- |

38.

points out that a European alternative fuel strategy is a great opportunity to bolster both cycling and local public transport. Electromobility strategies must therefore explicitly involve cycling and public transport;

| 39. | is convinced that hybrid vehicles and above electric cars have the greatest immediate potential for use in urban areas, without overlooking vehicles powered by hydrogen technology-based systems. Cities should therefore have the right to regulate their use with their own measures and incentives (green wave, the right to use lanes reserved for local public transport, lower parking fees, etc.). Tried and tested procedures should be exchanged between cities to try and achieve a better urban quality of life and thus also motivate consumers to make more use of vehicles powered by alternative energy sources; |
| --- | --- |

39.

is convinced that hybrid vehicles and above electric cars have the greatest immediate potential for use in urban areas, without overlooking vehicles powered by hydrogen technology-based systems. Cities should therefore have the right to regulate their use with their own measures and incentives (green wave, the right to use lanes reserved for local public transport, lower parking fees, etc.). Tried and tested procedures should be exchanged between cities to try and achieve a better urban quality of life and thus also motivate consumers to make more use of vehicles powered by alternative energy sources;

| 40. | expects that greater use of vehicles powered by alternative fuels will also lead to an increased production of those cars and the creation of jobs in this sector; refers in this context to its opinion on "Cars 2020"; |
| --- | --- |

40.

expects that greater use of vehicles powered by alternative fuels will also lead to an increased production of those cars and the creation of jobs in this sector; refers in this context to its opinion on "Cars 2020";

| 41. | welcomes the continuing development of intelligent transport systems (ITS) and technologies at European level and their use at local level to ensure synergies between different systems across the EU, avoid lacunae and guarantee full coverage, including in relation to alternative fuels; |
| --- | --- |

41.

welcomes the continuing development of intelligent transport systems (ITS) and technologies at European level and their use at local level to ensure synergies between different systems across the EU, avoid lacunae and guarantee full coverage, including in relation to alternative fuels;

Changing consumer behaviour

| 42. | points out that the establishment of alternative fuels in the EU can be expected to bring about a change in consumer behaviour by encouraging the use of vehicles powered by alternative fuels. Awareness-raising campaigns are needed here to explain the changes and their potential impact to consumers; |
| --- | --- |

42.

points out that the establishment of alternative fuels in the EU can be expected to bring about a change in consumer behaviour by encouraging the use of vehicles powered by alternative fuels. Awareness-raising campaigns are needed here to explain the changes and their potential impact to consumers;

| 43. | believes that a change in consumer behaviour is of key importance to local and regional authorities, who can influence consumer preferences and choices in their own ways, by introducing concessions in addition to those to be created by the Member States (for the benefit of consumers) for choosing more sustainable forms of transport. Consumers must be able to see in practical terms what advantages the changes have for them; |
| --- | --- |

43.

believes that a change in consumer behaviour is of key importance to local and regional authorities, who can influence consumer preferences and choices in their own ways, by introducing concessions in addition to those to be created by the Member States (for the benefit of consumers) for choosing more sustainable forms of transport. Consumers must be able to see in practical terms what advantages the changes have for them;

Fuel-efficient engines

| 44. | notes that a number of studies (12) indicate that use of fuel-efficient engines in combination with hybrid engines can help to reduce greenhouse gas emissions. The Committee recognises the ambitious and far-reaching efforts of the Commission to effect changes and promote the use of new types of fuel. It could nevertheless be worth considering using such engines for a transitional period; |
| --- | --- |

44.

notes that a number of studies (12) indicate that use of fuel-efficient engines in combination with hybrid engines can help to reduce greenhouse gas emissions. The Committee recognises the ambitious and far-reaching efforts of the Commission to effect changes and promote the use of new types of fuel. It could nevertheless be worth considering using such engines for a transitional period;

| 45. | shares the Commission's view that continually improving the energy efficiency of vehicles, together with the use of alternative fuels, must play a key role in ensuring the economic viability of the whole policy area of alternative fuels and avoiding CO2 emissions; |
| --- | --- |

45.

shares the Commission's view that continually improving the energy efficiency of vehicles, together with the use of alternative fuels, must play a key role in ensuring the economic viability of the whole policy area of alternative fuels and avoiding CO2 emissions;

Producers/consumers to support the use of alternative fuels

| 46. | notes that in the absence of a generally acceptable solution there should be different approaches to developing the use of alternative fuels. For example, involving consumers in the energy network (production, storage, consumption) could offer a means (in law) of meeting increasing energy needs on the one hand and managing the transition from carbon-based energy sources to renewables on the other; |
| --- | --- |

46.

notes that in the absence of a generally acceptable solution there should be different approaches to developing the use of alternative fuels. For example, involving consumers in the energy network (production, storage, consumption) could offer a means (in law) of meeting increasing energy needs on the one hand and managing the transition from carbon-based energy sources to renewables on the other;

Science and research

| 47. | commends the Commission's close cooperation with business, authorities and civil society representatives when drawing up this legislation and welcomes the EU's long-established investment in research and development in the sphere of alternative fuels. The Committee believes that these consultations should be continued, however, and that further investment in research is needed, since many questions must be resolved more explicitly, efficiently and quickly if the objectives are to be achieved; |
| --- | --- |

47.

commends the Commission's close cooperation with business, authorities and civil society representatives when drawing up this legislation and welcomes the EU's long-established investment in research and development in the sphere of alternative fuels. The Committee believes that these consultations should be continued, however, and that further investment in research is needed, since many questions must be resolved more explicitly, efficiently and quickly if the objectives are to be achieved;

| 48. | points out that it has already indicated in a previous opinion on the subject of renewable energy (13) that funding of research and development is vital to spur innovation and technological development. Development of new materials for producing and storing energy is also particularly important in relation to clean energy and transport; |
| --- | --- |

48.

points out that it has already indicated in a previous opinion on the subject of renewable energy (13) that funding of research and development is vital to spur innovation and technological development. Development of new materials for producing and storing energy is also particularly important in relation to clean energy and transport;

Subsidiarity and proportionality

| 49. | agrees that new technologies — which are also clean transport technologies — are capital-intensive. Activities at EU level must therefore be geared towards developing minimum infrastructure and preventing market fragmentation The Commission proposal for a clean energy package with EU-wide common technical specifications and minimum infrastructure requirements to ensure the circular economy for alternative fuels across the EU is thus in line with the subsidiarity and proportionality principles; |
| --- | --- |

49.

agrees that new technologies — which are also clean transport technologies — are capital-intensive. Activities at EU level must therefore be geared towards developing minimum infrastructure and preventing market fragmentation The Commission proposal for a clean energy package with EU-wide common technical specifications and minimum infrastructure requirements to ensure the circular economy for alternative fuels across the EU is thus in line with the subsidiarity and proportionality principles;

| 50. | notes that infrastructure development requirements (number of recharging and refuelling points) for urban or peri-urban infrastructure should be replaced by requirements to be set by the Member States themselves, with the involvement of local and regional authorities, since there is no evidence at the moment of clear development policies for alternative fuels, of a change in consumer behaviour or of financing options for infrastructure development. |
| --- | --- |

50.

notes that infrastructure development requirements (number of recharging and refuelling points) for urban or peri-urban infrastructure should be replaced by requirements to be set by the Member States themselves, with the involvement of local and regional authorities, since there is no evidence at the moment of clear development policies for alternative fuels, of a change in consumer behaviour or of financing options for infrastructure development.

II.   RECOMMENDED AMENDMENTS

Amendment 1

Recital 10

| Text proposed by the Commission | CoR amendment |
| --- | --- |
| The lack of harmonised development of alternative fuels infrastructure across the Union prevents the development of economies of scale on the supply side and EU-wide mobility on the demand side. New infrastructure networks need to be built up, in particular for electricity, hydrogen, and natural gas (LNG and CNG). | The lack of harmonised development of alternative fuels infrastructure across the Union prevents the development of economies of scale on the supply side and EU-wide mobility on the demand side. Taking technological developments, climate impact and cost into account, new
  New infrastructure networks need to be built up, in particular for electricity, hydrogen, and natural gas (LNG and CNG). |

Text proposed by the Commission

CoR amendment

The lack of harmonised development of alternative fuels infrastructure across the Union prevents the development of economies of scale on the supply side and EU-wide mobility on the demand side. New infrastructure networks need to be built up, in particular for electricity, hydrogen, and natural gas (LNG and CNG).

The lack of harmonised development of alternative fuels infrastructure across the Union prevents the development of economies of scale on the supply side and EU-wide mobility on the demand side. Taking technological developments, climate impact and cost into account, new
  New infrastructure networks need to be built up, in particular for electricity, hydrogen, and natural gas (LNG and CNG).

Reason

The measures referred to in the Commission proposal support the achievement of environment targets for reducing greenhouse gas and pollutant emissions from transport, which present a serious challenge and real problem for the EU as a whole. There are currently a number of technologies based on alternative fuels still in the development phase or whose development is nearly complete, which means that they are expensive.

Amendment 2

Article 3(1)

National policy frameworks

| Text proposed by the Commission | CoR amendment |
| --- | --- |
| Each Member State shall adopt a national policy framework for the market development of alternative fuels and their infrastructure, that will include information listed in Annex I, and contain at least the following elements:






  — | assessment of the state and future development of alternative fuels; |

Text proposed by the Commission

CoR amendment

Each Member State shall adopt a national policy framework for the market development of alternative fuels and their infrastructure, that will include information listed in Annex I, and contain at least the following elements:

—

assessment of the state and future development of alternative fuels;

| — | assessment of the trans-border continuity of the infrastructure coverage for alternative fuels; |
| --- | --- |

—

assessment of the trans-border continuity of the infrastructure coverage for alternative fuels;

| — | the regulatory framework to support the build-up of alternative fuels infrastructure; |
| --- | --- |

—

the regulatory framework to support the build-up of alternative fuels infrastructure;

| — | policy measures to support the implementation of the national policy framework; |
| --- | --- |

—

policy measures to support the implementation of the national policy framework;

| — | deployment and manufacturing support measures; |
| --- | --- |

—

deployment and manufacturing support measures;

| — | research, technological development and demonstration support; |
| --- | --- |

—

research, technological development and demonstration support;

| — | targets for the deployment of alternative fuels; |
| --- | --- |

—

targets for the deployment of alternative fuels;

| — | number of alternative fuel vehicles expected by 2020; |
| --- | --- |

—

number of alternative fuel vehicles expected by 2020;

| — | assessment of the need for LNG refuelling points in ports outside the TEN-T core network that are important for vessels not engaged in transport operations, in particular fishing vessels; |
| --- | --- |

—

assessment of the need for LNG refuelling points in ports outside the TEN-T core network that are important for vessels not engaged in transport operations, in particular fishing vessels;

| — | where appropriate, cooperation arrangements with other Member States according to the second paragraph. |
| --- | --- |

—

where appropriate, cooperation arrangements with other Member States according to the second paragraph.

Each Member State shall adopt a national policy framework for the market development of alternative fuels and their infrastructure, that will include information listed in Annex I, and contain at least the following elements:

| — | assessment of the state and future development of alternative fuels; |
| --- | --- |

—

assessment of the state and future development of alternative fuels;

| — | assessment of the trans-border continuity of the infrastructure coverage for alternative fuels; |
| --- | --- |

—

assessment of the trans-border continuity of the infrastructure coverage for alternative fuels;

| — | the regulatory framework to support the build-up of alternative fuels infrastructure; |
| --- | --- |

—

the regulatory framework to support the build-up of alternative fuels infrastructure;

| — | policy measures to support the implementation of the national policy framework; |
| --- | --- |

—

policy measures to support the implementation of the national policy framework;

| — | deployment and manufacturing support measures; |
| --- | --- |

—

deployment and manufacturing support measures;

| — | research, technological development and demonstration support; |
| --- | --- |

—

research, technological development and demonstration support;

| — | targets for the deployment of alternative fuels; |
| --- | --- |

—

targets for the deployment of alternative fuels;

| — | number of alternative fuel vehicles expected by 2020; |
| --- | --- |

—

number of alternative fuel vehicles expected by 2020;

| — | assessment of the need for LNG refuelling points in ports outside the TEN-T core network that are important for vessels not engaged in transport operations, in particular fishing vessels; |
| --- | --- |

—

assessment of the need for LNG refuelling points in ports outside the TEN-T core network that are important for vessels not engaged in transport operations, in particular fishing vessels;

| — | where appropriate, cooperation arrangements with other Member States according to the second paragraph.; |
| --- | --- |

—

where appropriate, cooperation arrangements with other Member States according to the second paragraph.;

| — | the anticipated results of reducing emissions and dependence on oil, and the impact of using alternative fuels. |
| --- | --- |

—

the anticipated results of reducing emissions and dependence on oil, and the impact of using alternative fuels.

Reason

Indent added at the end: measurement of results must be based on comparable indicators and demonstrate the efficiency and sustainability of energy production and consumption as broadly as possible, not just in relation to reducing CO2 emissions (lifecycle/lifetime of the fuel).

Amendment 3

Article 3(5)

National strategic framework

| Text proposed by the Commission | CoR amendment |
| --- | --- |
| Member States shall notify their national policy frameworks to the Commission [within 18 months from the date of entry into force of this Directive]. | Member States shall notify their national policy frameworks to the Commission [within 18 months
  two years from the date of entry into force of this Directive]. |

Text proposed by the Commission

CoR amendment

Member States shall notify their national policy frameworks to the Commission [within 18 months from the date of entry into force of this Directive].

Member States shall notify their national policy frameworks to the Commission [within 18 months
  two years from the date of entry into force of this Directive].

Reason

This is about planning long-term investment, for which a sustainable financing mechanism must be found, which means that a thorough analysis is needed at national level in which stakeholders and administrative agreements are taken into account.

Amendment 4

Article 3(7)

National strategic framework

| Text proposed by the Commission | CoR amendment |
| --- | --- |
| The Commission shall be empowered to adopt delegated acts in accordance with Article 8 to modify the list of elements provided for in paragraph 1 and information set out in Annex I. | The Commission shall be empowered to adopt delegated acts with the list of elements provided for in paragraph 1 in accordance with Article 8 with to modify the list of elements provided for in paragraph 1 and information set out in Annex I. |

Text proposed by the Commission

CoR amendment

The Commission shall be empowered to adopt delegated acts in accordance with Article 8 to modify the list of elements provided for in paragraph 1 and information set out in Annex I.

The Commission shall be empowered to adopt delegated acts with the list of elements provided for in paragraph 1 in accordance with Article 8 with to modify the list of elements provided for in paragraph 1 and information set out in Annex I.

Reason

The directive stipulates that the Commission has the right to amend the technical specifications, including standards for recharging and refuelling points, in delegated acts. This contradicts the general spirit of the directive, which is intended to provide long-term certainty for investors investing in infrastructure, and for industry and consumers. The European Parliament, Council and the Member States thus lose control over the common standards and so there is no investment certainty.

Amendment 5

Article 4(1)

Electricity supply for transport

| Text proposed by the Commission | CoR amendment |
| --- | --- |
| Member States shall ensure that a minimum number of recharging points for electric vehicles are put into place, at least the number given in the table in Annex II, by 31 December 2020 at the latest. | Member States shall ensure that a minimum number of recharging points for electric vehicles, to be agreed at national level taking into account the conditions in the different areas of the Member States, are put into place at least the number given in the table in Annex II, by 31 December 2020 at the latest. |

Text proposed by the Commission

CoR amendment

Member States shall ensure that a minimum number of recharging points for electric vehicles are put into place, at least the number given in the table in Annex II, by 31 December 2020 at the latest.

Member States shall ensure that a minimum number of recharging points for electric vehicles, to be agreed at national level taking into account the conditions in the different areas of the Member States, are put into place at least the number given in the table in Annex II, by 31 December 2020 at the latest.

Reason

Instead of a mandatory number of recharging and refuelling points being set in the directive, the Member States could stipulate the relevant targets themselves in their strategy frameworks. This would allow the particular situations of the Member States to be taken into account, for instance financing options, technological development and consumer preferences.

Amendment 6

Article 4(6)

Electricity supply for transport

| Text proposed by the Commission | CoR amendment |
| --- | --- |
| All publicly accessible recharging points for electric vehicles shall be equipped with intelligent metering systems as defined in Article 2(28) of Directive 2012/27/EU and respect the requirements laid down in Article 9(2) of that Directive. | All publicly accessible recharging points for electric vehicles shall be ready to be equipped with intelligent metering systems as defined in Article 2(28) of Directive 2012/27/EU and respect the requirements laid down in Article 9(2) of that Directive. |

Text proposed by the Commission

CoR amendment

All publicly accessible recharging points for electric vehicles shall be equipped with intelligent metering systems as defined in Article 2(28) of Directive 2012/27/EU and respect the requirements laid down in Article 9(2) of that Directive.

All publicly accessible recharging points for electric vehicles shall be ready to be equipped with intelligent metering systems as defined in Article 2(28) of Directive 2012/27/EU and respect the requirements laid down in Article 9(2) of that Directive.

Amendment 7

Article 11(1)

Implementation

| Text proposed by the Commission | CoR amendment |
| --- | --- |
| Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by [18 months from the date of the entry into force of this Directive]. They shall forthwith inform the Commission thereof. | Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by [18 months
  three years from the date of the entry into force of this Directive]. They shall forthwith inform the Commission thereof. |

Text proposed by the Commission

CoR amendment

Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by [18 months from the date of the entry into force of this Directive]. They shall forthwith inform the Commission thereof.

Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by [18 months
  three years from the date of the entry into force of this Directive]. They shall forthwith inform the Commission thereof.

Reason

Three years is a reasonable deadline for transposing the relevant directive into national legislation. It must be remembered that once the directive has been adopted, a national strategic framework has to be adopted in each Member State.

Brussels, 4 July 2013.

The President of the Committee of the Regions

Ramón Luis VALCÁRCEL SISO

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(1)  COM(2011) 21 final.

1

(2)  CdR 101/2011 fin.

2

(3)  COM(2013) 18 final.

3

(4)  COM(2013) 17 final.

4

(5)  CdR 101/2011 fin.

5

(6)  CdR 2182/2012 fin.

6

(7)  CdR 5/2012 fin.

7

(8)  COM(2011) 144 final.

8

(9)  CdR 160/2008 fin.

9

(10)  CdR 650/2012 fin.

10

(11)  CdR 5/2012 fin.

11

(12)  The Polish Institute for Structural Research in Warsaw conducted several studies in January 2013.

12

(13)  CdR 2182/2012 fin.

13

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