# Official Journal C 211/2008

| | ISSN 1725-2423 |
| --- | --- |
| Official Journal
  of the European Union | C 211 |
| | |
| English edition | Information and Notices | Volume 5119 August 2008 |

ISSN 1725-2423

Official Journal

of the European Union

C 211

English edition

Information and Notices

Volume 5119 August 2008

---

| Notice No | Contents | page |
| --- | --- | --- |
| | III   Preparatory Acts |
| | EUROPEAN ECONOMIC AND SOCIAL COMMITTEE |
| | 444th plenary session, held on 22 and 23 April 2008 |
| 2008/C 211/01 | Opinion of the European Economic and Social Committee on the Communication from the Commission — Competitive European regions through research and innovationCOM(2007) 474 final | 1 |
| 2008/C 211/02 | Opinion of the European Economic and Social Committee on the Proposal for a Regulation of the European Parliament and of the Council on the protection of pedestrians and other vulnerable road usersCOM(2007) 560 final — 2007/0201 (COD) | 9 |
| 2008/C 211/03 | Opinion of the European Economic and Social Committee on the Proposal for a Regulation of the European Parliament and of the Council on type-approval of motor vehicles and engines with respect to emissions from heavy duty vehicles (Euro VI) and on access to vehicle repair and maintenance informationCOM(2007) 851 final — 2007/0295 (COD) | 12 |
| 2008/C 211/04 | Opinion of the European Economic and Social Committee on the Proposal for a Directive of the European Parliament and of the Council on roll-over protection structures of wheeled agricultural or forestry tractors (static testing) (Codified version) COM(2008) 25 final — 2008/0008 (COD) | 17 |
| 2008/C 211/05 | Opinion of the European Economic and Social Committee on Towards a common energy policy | 17 |
| 2008/C 211/06 | Opinion of the European Economic and Social Committee on the | 23 |
| 2008/C 211/07 | Opinion of the European Economic and Social Committee on the Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions — An Integrated Maritime Policy for the European UnionCOM(2007) 575 final | 31 |
| 2008/C 211/08 | Opinion of the European Economic and Social Committee on the Proposal for a Regulation of the European Parliament and of the Council amending Council Regulation (EC) No 1172/98 on statistical returns in respect of the carriage of goods by road as regards the implementing powers conferred on the CommissionCOM(2007) 778 final — 2007/0269 (COD) | 36 |
| 2008/C 211/09 | Opinion of the European Economic and Social Committee on the Communication from the Commission to the Council, the European Parliament, the European Economic and Social Committee and the Committee of the Regions — Small, clean and competitive: A programme to help small and medium-sized enterprises comply with environmental legislationCOM(2007) 379 final {SEC(2007) 906, SEC(2007) 907, SEC(2007) 908} | 37 |
| 2008/C 211/10 | Opinion of the European Economic and Social Committee on the Communication from the Commission to the Council, the European Parliament, the European Economic and Social Committee and the Committee of the Regions on the review of Recommendation 2001/331/EC providing minimum criteria for environmental inspections in the Member StatesCOM(2007) 707 final | 40 |
| 2008/C 211/11 | Opinion of the European Economic and Social Committee on the Proposal for a Directive of the European Parliament and of the Council on foodstuffs intended for particular nutritional uses (Recast)COM(2008) 3 final — 2008/0003 (COD) | 44 |
| 2008/C 211/12 | Opinion of the European Economic and Social Committee on the Adaptation to the regulatory procedure with scrutiny — Proposal for a Regulation of the European Parliament and of the Council amending Regulation (EC) No 338/97 on the protection of species of wild fauna and flora by regulating trade therein as regards the implementing powers conferred on the CommissionCOM(2008) 104 final — 2008/0042 (COD) | 45 |
| 2008/C 211/13 | Opinion of the European Economic and Social Committee on the Adaptation to the regulatory procedure with scrutiny — Proposal for a Directive of the European Parliament and of the Council amending, as regards the implementing powers conferred on the Commission, Council Directive 79/409/EEC on the conservation of wild birdsCOM(2008) 105 final — 2008/0038 (COD) | 46 |
| 2008/C 211/14 | Opinion of the European Economic and Social Committee on the Proposal for a Regulation of the European Parliament and of the Council amending Regulation (EC) No 999/2001 (laying down rules for the prevention, control and eradication of certain transmissible spongiform encephalopathies) as regards the implementing powers conferred on the CommissionCOM(2008) 53 final — 2008/0030 (COD) | 47 |
| 2008/C 211/15 | Opinion of the European Economic and Social Committee on the Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions — Towards Common Principles of Flexicurity: More and better jobs through flexibility and securityCOM(2007) 359 final | 48 |
| 2008/C 211/16 | Opinion of the European Economic and Social Committee on the Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions — Tackling the pay gap between women and menCOM(2007) 424 final | 54 |
| 2008/C 211/17 | Opinion of the European Economic and Social Committee on the Prevention of terrorism and violent radicalisation | 61 |
| 2008/C 211/18 | Opinion of the European Economic and Social Committee on the Communication from the Commission to the Council and the European Parliament on VAT rates other than standard VAT ratesCOM(2007) 380 final — SEC(2007) 910 | 67 |
| 2008/C 211/19 | Opinion of the European Economic and Social Committee on Strategy for the outermost regions: Achievements and future prospectsCOM(2007) 507 final | 72 |
| 2008/C 211/20 | Opinion of the European Economic and Social Committee on Freedom of association in the Euromed partner countries | 77 |
| 2008/C 211/21 | Opinion of the European Economic and Social Committee on the New trade agreements negotiations — The EESC position | 82 |
| 2008/C 211/22 | Opinion of the European Economic and Social Committee on the Commission Communication: Communicating Europe in PartnershipCOM(2007) 568 and Annex COM(2007) 569 | 90 |

Notice No

Contents

page

III   Preparatory Acts

EUROPEAN ECONOMIC AND SOCIAL COMMITTEE

444th plenary session, held on 22 and 23 April 2008

2008/C 211/01

Opinion of the European Economic and Social Committee on the Communication from the Commission — Competitive European regions through research and innovationCOM(2007) 474 final

COM(2007) 474 final

1

2008/C 211/02

Opinion of the European Economic and Social Committee on the Proposal for a Regulation of the European Parliament and of the Council on the protection of pedestrians and other vulnerable road usersCOM(2007) 560 final — 2007/0201 (COD)

COM(2007) 560 final — 2007/0201 (COD)

9

2008/C 211/03

Opinion of the European Economic and Social Committee on the Proposal for a Regulation of the European Parliament and of the Council on type-approval of motor vehicles and engines with respect to emissions from heavy duty vehicles (Euro VI) and on access to vehicle repair and maintenance informationCOM(2007) 851 final — 2007/0295 (COD)

COM(2007) 851 final — 2007/0295 (COD)

12

2008/C 211/04

Opinion of the European Economic and Social Committee on the Proposal for a Directive of the European Parliament and of the Council on roll-over protection structures of wheeled agricultural or forestry tractors (static testing) (Codified version) COM(2008) 25 final — 2008/0008 (COD)

COM(2008) 25 final — 2008/0008 (COD)

17

2008/C 211/05

Opinion of the European Economic and Social Committee on Towards a common energy policy

17

2008/C 211/06

Opinion of the European Economic and Social Committee on the

23

2008/C 211/07

Opinion of the European Economic and Social Committee on the Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions — An Integrated Maritime Policy for the European UnionCOM(2007) 575 final

COM(2007) 575 final

31

2008/C 211/08

Opinion of the European Economic and Social Committee on the Proposal for a Regulation of the European Parliament and of the Council amending Council Regulation (EC) No 1172/98 on statistical returns in respect of the carriage of goods by road as regards the implementing powers conferred on the CommissionCOM(2007) 778 final — 2007/0269 (COD)

COM(2007) 778 final — 2007/0269 (COD)

36

2008/C 211/09

Opinion of the European Economic and Social Committee on the Communication from the Commission to the Council, the European Parliament, the European Economic and Social Committee and the Committee of the Regions — Small, clean and competitive: A programme to help small and medium-sized enterprises comply with environmental legislationCOM(2007) 379 final {SEC(2007) 906, SEC(2007) 907, SEC(2007) 908}

COM(2007) 379 final {SEC(2007) 906, SEC(2007) 907, SEC(2007) 908}

37

2008/C 211/10

Opinion of the European Economic and Social Committee on the Communication from the Commission to the Council, the European Parliament, the European Economic and Social Committee and the Committee of the Regions on the review of Recommendation 2001/331/EC providing minimum criteria for environmental inspections in the Member StatesCOM(2007) 707 final

COM(2007) 707 final

40

2008/C 211/11

Opinion of the European Economic and Social Committee on the Proposal for a Directive of the European Parliament and of the Council on foodstuffs intended for particular nutritional uses (Recast)COM(2008) 3 final — 2008/0003 (COD)

COM(2008) 3 final — 2008/0003 (COD)

44

2008/C 211/12

Opinion of the European Economic and Social Committee on the Adaptation to the regulatory procedure with scrutiny — Proposal for a Regulation of the European Parliament and of the Council amending Regulation (EC) No 338/97 on the protection of species of wild fauna and flora by regulating trade therein as regards the implementing powers conferred on the CommissionCOM(2008) 104 final — 2008/0042 (COD)

COM(2008) 104 final — 2008/0042 (COD)

45

2008/C 211/13

Opinion of the European Economic and Social Committee on the Adaptation to the regulatory procedure with scrutiny — Proposal for a Directive of the European Parliament and of the Council amending, as regards the implementing powers conferred on the Commission, Council Directive 79/409/EEC on the conservation of wild birdsCOM(2008) 105 final — 2008/0038 (COD)

COM(2008) 105 final — 2008/0038 (COD)

46

2008/C 211/14

Opinion of the European Economic and Social Committee on the Proposal for a Regulation of the European Parliament and of the Council amending Regulation (EC) No 999/2001 (laying down rules for the prevention, control and eradication of certain transmissible spongiform encephalopathies) as regards the implementing powers conferred on the CommissionCOM(2008) 53 final — 2008/0030 (COD)

COM(2008) 53 final — 2008/0030 (COD)

47

2008/C 211/15

Opinion of the European Economic and Social Committee on the Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions — Towards Common Principles of Flexicurity: More and better jobs through flexibility and securityCOM(2007) 359 final

COM(2007) 359 final

48

2008/C 211/16

Opinion of the European Economic and Social Committee on the Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions — Tackling the pay gap between women and menCOM(2007) 424 final

COM(2007) 424 final

54

2008/C 211/17

Opinion of the European Economic and Social Committee on the Prevention of terrorism and violent radicalisation

61

2008/C 211/18

Opinion of the European Economic and Social Committee on the Communication from the Commission to the Council and the European Parliament on VAT rates other than standard VAT ratesCOM(2007) 380 final — SEC(2007) 910

COM(2007) 380 final — SEC(2007) 910

67

2008/C 211/19

Opinion of the European Economic and Social Committee on Strategy for the outermost regions: Achievements and future prospectsCOM(2007) 507 final

COM(2007) 507 final

72

2008/C 211/20

Opinion of the European Economic and Social Committee on Freedom of association in the Euromed partner countries

77

2008/C 211/21

Opinion of the European Economic and Social Committee on the New trade agreements negotiations — The EESC position

82

2008/C 211/22

Opinion of the European Economic and Social Committee on the Commission Communication: Communicating Europe in PartnershipCOM(2007) 568 and Annex COM(2007) 569

COM(2007) 568 and Annex COM(2007) 569

90

| EN | |
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EN

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III Preparatory Acts

EUROPEAN ECONOMIC AND SOCIAL COMMITTEE

444th plenary session, held on 22 and 23 April 2008

| 19.8.2008 | EN | Official Journal of the European Union | C 211/1 |
| --- | --- | --- | --- |

19.8.2008

EN

Official Journal of the European Union

C 211/1

---

Opinion of the European Economic and Social Committee on the ‘Communication from the Commission — Competitive European regions through research and innovation’

COM(2007) 474 final

(2008/C 211/01)

On 16 August 2007, the European Commission decided to consult the European Economic and Social Committee, under Article 262 of the Treaty establishing the European Community, on the

Communication from the Commission — Competitive European Regions through Research and Innovation — A contribution to more growth and more and better jobs.

The Section for the Single Market, Production and Consumption, which was responsible for preparing the Committee's work on the subject, adopted its opinion on 3 April 2008. The rapporteur was Mr Pezzini.

At its 444th plenary session, held on 22 and 23 April 2008, the European Economic and Social Committee adopted the following opinion by 130 votes in favour with 2 abstentions.

1.   Conclusions and recommendations

| 1.1 | The Committee can only give firm support to the Commission's initiative to the degree that this takes into account not only the problems of demand, but also — and primarily — supply-side optimisation, avoiding failures and red tape. |
| --- | --- |

1.1

The Committee can only give firm support to the Commission's initiative to the degree that this takes into account not only the problems of demand, but also — and primarily — supply-side optimisation, avoiding failures and red tape.

| 1.2 | The Committee is convinced that the promotion of initiatives at local and regional level and the capacity to network them in furtherance of the Lisbon Strategy is essential for combined research and development efforts that are successful in setting up and developing innovative businesses throughout the Union. Above all, however, it is essential to involving economic and social players operating at territorial level in working towards the shared goals of more and better jobs, in a context of overall sustainable and competitive development. |
| --- | --- |

1.2

The Committee is convinced that the promotion of initiatives at local and regional level and the capacity to network them in furtherance of the Lisbon Strategy is essential for combined research and development efforts that are successful in setting up and developing innovative businesses throughout the Union. Above all, however, it is essential to involving economic and social players operating at territorial level in working towards the shared goals of more and better jobs, in a context of overall sustainable and competitive development.

| 1.3 | The Committee reiterates the importance of the knowledge triangle (education, research and innovation), which plays a critical role in promoting growth and jobs. For this reason, it is urgent to step up reforms, promote excellence in higher education and in partnerships between universities, research centres and companies and ensure that all education and training sectors play their full part in nurturing creativity and innovation, especially at regional and local level. This especially applies to those specific regions — Euregios — where neighbours and partners are networked in areas that transcend national borders. |
| --- | --- |

1.3

The Committee reiterates the importance of the knowledge triangle (education, research and innovation), which plays a critical role in promoting growth and jobs. For this reason, it is urgent to step up reforms, promote excellence in higher education and in partnerships between universities, research centres and companies and ensure that all education and training sectors play their full part in nurturing creativity and innovation, especially at regional and local level. This especially applies to those specific regions — Euregios — where neighbours and partners are networked in areas that transcend national borders.

| 1.4 | The Committee thinks that the competitiveness of Europe's regions and their development in economic, social and employment terms must be pursued more pro-actively and with more coordination than at present. This will make it easier to get the best possible tangible results in pursuit of the Lisbon Strategy goals. |
| --- | --- |

1.4

The Committee thinks that the competitiveness of Europe's regions and their development in economic, social and employment terms must be pursued more pro-actively and with more coordination than at present. This will make it easier to get the best possible tangible results in pursuit of the Lisbon Strategy goals.

| 1.5 | The Committee concurs unreservedly with the Commission's diagnosis of shortcomings in the joint and coordinated use of the Community instruments, but expresses its regret that more than ten years later this crucial issue is still approached in terms of analysis rather than getting to the nub of the problem, which is to develop new simultaneous engineering capacities (1) of various types across both Community and European action. |
| --- | --- |

1.5

The Committee concurs unreservedly with the Commission's diagnosis of shortcomings in the joint and coordinated use of the Community instruments, but expresses its regret that more than ten years later this crucial issue is still approached in terms of analysis rather than getting to the nub of the problem, which is to develop new simultaneous engineering capacities (1) of various types across both Community and European action.

| 1.6 | The Committee considers that action on the demand side is needed, but is not sufficient in itself. In its view, we must move on from declaring the need for regions to be more focused and achieve:






  — | a territorial strategy for research and technological and innovation development; |
| --- | --- | --- |

1.6

The Committee considers that action on the demand side is needed, but is not sufficient in itself. In its view, we must move on from declaring the need for regions to be more focused and achieve:

—

a territorial strategy for research and technological and innovation development;

| — | specific considerations regarding crossborder cooperation (Euregio); |
| --- | --- |

—

specific considerations regarding crossborder cooperation (Euregio);

| — | a coordinated use of Community instruments; |
| --- | --- |

—

a coordinated use of Community instruments;

| — | more information on opportunities available at national and European level; |
| --- | --- |

—

more information on opportunities available at national and European level;

| — | and a major reduction in red tape. |
| --- | --- |

—

and a major reduction in red tape.

| 1.7 | In the Committee's view, far-reaching action should be taken on the supply side to ensure a consistent framework that provides easy access to all available instruments. The aim is to overcome legal obstacles and the time-lag between initiating and actually delivering financial support, in order to make Europe's regions more competitive. |
| --- | --- |

1.7

In the Committee's view, far-reaching action should be taken on the supply side to ensure a consistent framework that provides easy access to all available instruments. The aim is to overcome legal obstacles and the time-lag between initiating and actually delivering financial support, in order to make Europe's regions more competitive.

| 1.8 | The Committee considers it vital that a European Practical Guide be compiled which furnishes an overview of:






  — | types of Community and pan-European actions available; |
| --- | --- | --- |

1.8

The Committee considers it vital that a European Practical Guide be compiled which furnishes an overview of:

—

types of Community and pan-European actions available;

| — | differences in eligibility and evaluation criteria; |
| --- | --- |

—

differences in eligibility and evaluation criteria;

| — | whether procedures and management run concurrently or not; |
| --- | --- |

—

whether procedures and management run concurrently or not;

| — | and whether possible interventions are compatible and complementary. |
| --- | --- |

—

and whether possible interventions are compatible and complementary.

| 1.9 | The Committee also maintains that specific and precise Community action can no longer be postponed if new simultaneous engineering capacities of various types of action are to be achieved and resources are to be maximised and concentrated in the regions. |
| --- | --- |

1.9

The Committee also maintains that specific and precise Community action can no longer be postponed if new simultaneous engineering capacities of various types of action are to be achieved and resources are to be maximised and concentrated in the regions.

| 1.10 | As it has stated in a previous opinion (2), the Committee thinks there is an urgent need, therefore, to address the problems of plurality of governance levels and the fragmentation of interventions needed for a competitive relaunch of Europe's regions. In this connection it proposes instigating a new initiative — entitled JASMINE: Joint Assistance Supporting Multiprojects for Innovation Networking in Europe — to tackle the present institutional gaps on both the demand and supply sides and to cut red tape significantly. |
| --- | --- |

1.10

As it has stated in a previous opinion (2), the Committee thinks there is an urgent need, therefore, to address the problems of plurality of governance levels and the fragmentation of interventions needed for a competitive relaunch of Europe's regions. In this connection it proposes instigating a new initiative — entitled JASMINE: Joint Assistance Supporting Multiprojects for Innovation Networking in Europe — to tackle the present institutional gaps on both the demand and supply sides and to cut red tape significantly.

| 1.11 | The aim of JASMINE should be to enable the various players involved in a network decision-making process to behave in a more informed and coordinated way within a single coherent regional planning framework. |
| --- | --- |

1.11

The aim of JASMINE should be to enable the various players involved in a network decision-making process to behave in a more informed and coordinated way within a single coherent regional planning framework.

2.   Background

| 2.1 | The European regions of knowledge are contending with numerous elements of change that constitute both challenges and opportunities and influence their capacity to achieve the goals of the revised Lisbon Strategy. |
| --- | --- |

2.1

The European regions of knowledge are contending with numerous elements of change that constitute both challenges and opportunities and influence their capacity to achieve the goals of the revised Lisbon Strategy.

| 2.2 | These elements of change include:
  —   external factors: more intense globalisation, the emergence of areas of the continent with very dynamic growth, much higher energy and raw materials prices, unforeseen scientific and technological developments, the internationalisation of innovation, climate change issues and often unmanaged or unmanageable migratory pressures;
  —   internal factors: population ageing, protection of the environment and quality of life, obsolescence of production and services, public sector modernisation, growing interaction between new emerging kinds of knowledge and available human resources, capacity for cultural growth and creativity, and development of common territorial infrastructure, both physical and intangible. |
| --- | --- |

2.2

These elements of change include:

—   external factors: more intense globalisation, the emergence of areas of the continent with very dynamic growth, much higher energy and raw materials prices, unforeseen scientific and technological developments, the internationalisation of innovation, climate change issues and often unmanaged or unmanageable migratory pressures;

—   internal factors: population ageing, protection of the environment and quality of life, obsolescence of production and services, public sector modernisation, growing interaction between new emerging kinds of knowledge and available human resources, capacity for cultural growth and creativity, and development of common territorial infrastructure, both physical and intangible.

| 2.3 | The Committee has expressed its views on these issues a number of times, both in specific contexts and in the broad context of the evolution of the Lisbon Strategy and Community policies on research and innovation, the environment and education and training. |
| --- | --- |

2.3

The Committee has expressed its views on these issues a number of times, both in specific contexts and in the broad context of the evolution of the Lisbon Strategy and Community policies on research and innovation, the environment and education and training.

| 2.4 | In particular, the Committee has emphasised the need to ‘enable the whole EU area to adjust to the challenges of the knowledge-based economy and thus help all regions to take account of the Lisbon objectives’ (3). |
| --- | --- |

2.4

In particular, the Committee has emphasised the need to ‘enable the whole EU area to adjust to the challenges of the knowledge-based economy and thus help all regions to take account of the Lisbon objectives’ (3).

| 2.5 | The Committee has further asserted that: ‘The new configuration of competitive models on the global market is imposing major changes. The new integrated platforms and networks must address themes relating to research and innovation, the management of new human resources, promotion and marketing, finance and credit, logistics and market and client service management’ (4). |
| --- | --- |

2.5

The Committee has further asserted that: ‘The new configuration of competitive models on the global market is imposing major changes. The new integrated platforms and networks must address themes relating to research and innovation, the management of new human resources, promotion and marketing, finance and credit, logistics and market and client service management’ (4).

| 2.6 | The Committee reiterates its conviction that the promotion of initiatives at local level and the capacity to network them in furtherance of the Lisbon Strategy are essential to encourage the setting-up of innovative businesses in a context of sustainable and competitive development. This especially applies to those specific regions — Euregios — where neighbours and partners are networked in areas that transcend national borders. In its opinion on the Green Paper on The European Research Area: |
| --- | --- |

2.6

The Committee reiterates its conviction that the promotion of initiatives at local level and the capacity to network them in furtherance of the Lisbon Strategy are essential to encourage the setting-up of innovative businesses in a context of sustainable and competitive development. This especially applies to those specific regions — Euregios — where neighbours and partners are networked in areas that transcend national borders. In its opinion on the Green Paper on The European Research Area:

| 2.7 | In its opinion on the Green Paper on The European Research Area: New perspectives, the Committee recommended that ‘the European Research Area should be complemented by a European Knowledge Area designed to create a European knowledge-based society’ and pointed out that ‘[c]oordination [was] also needed from the Commission to create effective leadership and advisory structures and to ensure that work [...] [was] well organised’ (5). |
| --- | --- |

2.7

In its opinion on the Green Paper on The European Research Area: New perspectives, the Committee recommended that ‘the European Research Area should be complemented by a European Knowledge Area designed to create a European knowledge-based society’ and pointed out that ‘[c]oordination [was] also needed from the Commission to create effective leadership and advisory structures and to ensure that work [...] [was] well organised’ (5).

| 2.8 | Finally, the Committee has underscored the importance of the knowledge triangle (education, research and innovation), which plays a critical role in promoting growth and jobs. For this reason, it is important to step up reforms, promote excellence in higher education and in partnerships between universities, research centres and companies and ensure that all education and training sectors play their full part in nurturing creativity and innovation, especially at regional and local level. |
| --- | --- |

2.8

Finally, the Committee has underscored the importance of the knowledge triangle (education, research and innovation), which plays a critical role in promoting growth and jobs. For this reason, it is important to step up reforms, promote excellence in higher education and in partnerships between universities, research centres and companies and ensure that all education and training sectors play their full part in nurturing creativity and innovation, especially at regional and local level.

| 2.9 | The Committee thinks that the competitiveness of Europe's regions and their development in economic, social and employment terms must be pursued more pro-actively and with more coordination: the Commission must try to get beyond the obstacles presented by various legal bases and procedural criteria. The aim must be to make the best use for the taxpayer of various Community budget instruments in order to maximise tangible results in pursuit of the Lisbon Strategy goals. These results should be in areas such as the effectiveness of joint access, coordination, and synergies and synchronisation of available interventions at Community and pan-European level. They should achieve the critical mass needed to generate a multiplier effect. |
| --- | --- |

2.9

The Committee thinks that the competitiveness of Europe's regions and their development in economic, social and employment terms must be pursued more pro-actively and with more coordination: the Commission must try to get beyond the obstacles presented by various legal bases and procedural criteria. The aim must be to make the best use for the taxpayer of various Community budget instruments in order to maximise tangible results in pursuit of the Lisbon Strategy goals. These results should be in areas such as the effectiveness of joint access, coordination, and synergies and synchronisation of available interventions at Community and pan-European level. They should achieve the critical mass needed to generate a multiplier effect.

| 2.10 | According to the renewed Lisbon Agenda's integrated guidelines for growth and jobs, cohesion policy has three strategic priorities (6):






  — | improving the attractiveness of Member States, regions and cities (science cities) (7)by improving accessibility, ensuring adequate quality and level of services, and preserving the environment; |
| --- | --- | --- |

2.10

According to the renewed Lisbon Agenda's integrated guidelines for growth and jobs, cohesion policy has three strategic priorities (6):

—

improving the attractiveness of Member States, regions and cities (science cities) (7)by improving accessibility, ensuring adequate quality and level of services, and preserving the environment;

| — | encouraging innovation, entrepreneurship and the growth of the knowledge economy by research and innovative applications, including new information and communication technologies; and |
| --- | --- |

—

encouraging innovation, entrepreneurship and the growth of the knowledge economy by research and innovative applications, including new information and communication technologies; and

| — | creating more and better jobs by attracting more people into employment or entrepreneurial activity, improving adaptability of workers and enterprises and increasing investment in human capital. |
| --- | --- |

—

creating more and better jobs by attracting more people into employment or entrepreneurial activity, improving adaptability of workers and enterprises and increasing investment in human capital.

| 2.11 | On the supply side, difficulties in achieving a leverage effect and a coordinated use of funding instruments available for achieving these goals stem from the inherent nature of the instruments themselves, namely:






  — | the different managerial and procedural emphases that govern them; |
| --- | --- | --- |

2.11

On the supply side, difficulties in achieving a leverage effect and a coordinated use of funding instruments available for achieving these goals stem from the inherent nature of the instruments themselves, namely:

—

the different managerial and procedural emphases that govern them;

| — | their size (i.e., territorial or transnational); |
| --- | --- |

—

their size (i.e., territorial or transnational);

| — | the specific nature of the goals they pursue; |
| --- | --- |

—

the specific nature of the goals they pursue;

| — | different legal bases; |
| --- | --- |

—

different legal bases;

| — | and the allocation of decision-making and managerial responsibility to different bodies and organisations. |
| --- | --- |

—

and the allocation of decision-making and managerial responsibility to different bodies and organisations.

| 2.12 | On the demand side, regions often:






  — | lack a clear, defined and shared vision of a regional strategy for research and technical and innovation development; |
| --- | --- | --- |

2.12

On the demand side, regions often:

—

lack a clear, defined and shared vision of a regional strategy for research and technical and innovation development;

| — | experience information and communication difficulties; |
| --- | --- |

—

experience information and communication difficulties;

| — | lack sufficient capacity to manage complex projects spanning different levels and with different goals; |
| --- | --- |

—

lack sufficient capacity to manage complex projects spanning different levels and with different goals;

| — | have underdeveloped clusters and district networks; |
| --- | --- |

—

have underdeveloped clusters and district networks;

| — | have underdeveloped professional, technical and organisational capacities needed to fully capitalise on innovation strategy. |
| --- | --- |

—

have underdeveloped professional, technical and organisational capacities needed to fully capitalise on innovation strategy.

| 2.13 | Shortcomings must be addressed by making technical assistance and coordination available to all Community programmes from the outset. |
| --- | --- |

2.13

Shortcomings must be addressed by making technical assistance and coordination available to all Community programmes from the outset.

| 2.14 | The commendable synergy initiatives in various structural programmes and instruments for the 2007-2013 period would appear to be a prerequisite — albeit not the only one — for getting the best concrete results from them. |
| --- | --- |

2.14

The commendable synergy initiatives in various structural programmes and instruments for the 2007-2013 period would appear to be a prerequisite — albeit not the only one — for getting the best concrete results from them.

| 2.15 | The Committee has expressed its support for Commission initiatives such as JEREMIE and has proposed a JEREMIE Focal Point to act as a coordination and information unit between the various actions, pointing out the lack of ‘a project capable of coordinating and fine-tuning the many loan instruments currently in existence’ (8). |
| --- | --- |

2.15

The Committee has expressed its support for Commission initiatives such as JEREMIE and has proposed a JEREMIE Focal Point to act as a coordination and information unit between the various actions, pointing out the lack of ‘a project capable of coordinating and fine-tuning the many loan instruments currently in existence’ (8).

| 2.16 | The Committee fully supports and concurs with Commissioner Hübner's statements on JASPERS, JEREMIE and JESSICA (9), which ‘have created new dynamics and expectations for investment, growth and jobs in the Member States and regions, as well among the social partners across all the regions of the European Union’. |
| --- | --- |

2.16

The Committee fully supports and concurs with Commissioner Hübner's statements on JASPERS, JEREMIE and JESSICA (9), which ‘have created new dynamics and expectations for investment, growth and jobs in the Member States and regions, as well among the social partners across all the regions of the European Union’.

| 2.17 | The Committee maintains that the guidelines adopted by the European Union committee for scientific and technical research (CREST) (10) and published in September 2007 are important in showing the way forward, though they are confined to the interaction between the Framework Programme for research and development and the new Structural Funds. |
| --- | --- |

2.17

The Committee maintains that the guidelines adopted by the European Union committee for scientific and technical research (CREST) (10) and published in September 2007 are important in showing the way forward, though they are confined to the interaction between the Framework Programme for research and development and the new Structural Funds.

3.   The Commission proposal

| 3.1 | The Commission proposal makes clear the possible synergies that already exist in the funding instruments of European research, innovation and cohesion policies. These are available to stakeholders in order to make Europe's regions more competitive, depending on their capacity to absorb them. |
| --- | --- |

3.1

The Commission proposal makes clear the possible synergies that already exist in the funding instruments of European research, innovation and cohesion policies. These are available to stakeholders in order to make Europe's regions more competitive, depending on their capacity to absorb them.

| 3.2 | The principal instruments for action spotlighted are the Seventh Framework Programme for research and development, the new Competitiveness and Innovation Framework Programme (CIP) and the new focuses of the Structural and Cohesion Funds. |
| --- | --- |

3.2

The principal instruments for action spotlighted are the Seventh Framework Programme for research and development, the new Competitiveness and Innovation Framework Programme (CIP) and the new focuses of the Structural and Cohesion Funds.

| 3.3 | The Commission makes it clear that it has worked with a number of advisory coordination groups, which have recommended:






  — | the development, as part of their RTDI strategy, of a specific strategy for the coordinated use of the framework programme and of cohesion policy programmes; |
| --- | --- | --- |

3.3

The Commission makes it clear that it has worked with a number of advisory coordination groups, which have recommended:

—

the development, as part of their RTDI strategy, of a specific strategy for the coordinated use of the framework programme and of cohesion policy programmes;

| — | using network exchanges and links to improve strategic governance of RTDI; |
| --- | --- |

—

using network exchanges and links to improve strategic governance of RTDI;

| — | effective synergies to consolidate and improve RTDI capacities, the cultivation of excellence, attention to SMEs, and establishing cooperation at European and international level and harnessing the results; |
| --- | --- |

—

effective synergies to consolidate and improve RTDI capacities, the cultivation of excellence, attention to SMEs, and establishing cooperation at European and international level and harnessing the results;

| — | improving communication and collaboration between national and regional operators and with beneficiaries; |
| --- | --- |

—

improving communication and collaboration between national and regional operators and with beneficiaries;

| — | using initiatives of the dedicated ‘Capacities’ programme of the Seventh Framework Programme for coordinated actions; |
| --- | --- |

—

using initiatives of the dedicated ‘Capacities’ programme of the Seventh Framework Programme for coordinated actions;

| — | strengthening synergies, together with the Member States, between the cohesion policy and the 7th RTD framework programme. |
| --- | --- |

—

strengthening synergies, together with the Member States, between the cohesion policy and the 7th RTD framework programme.

| 3.4 | The Commission calls on the Member States to improve the options for the coordinated development and use of Community instruments and to create systems to inform participating operators of the opportunities available to them. In order to encourage coordinated access to funding, it also undertakes to publish a practical guide by the end of 2007 on the funding opportunities for research institutions, including the arrangements provided by national and regional mechanisms. |
| --- | --- |

3.4

The Commission calls on the Member States to improve the options for the coordinated development and use of Community instruments and to create systems to inform participating operators of the opportunities available to them. In order to encourage coordinated access to funding, it also undertakes to publish a practical guide by the end of 2007 on the funding opportunities for research institutions, including the arrangements provided by national and regional mechanisms.

4.   General comments

| 4.1 | The Committee concurs unreservedly with the Commission's diagnosis of shortcomings in the joint and coordinated use of the Community instruments it mentions; it does not, however, endorse the treatment prescribed, which it thinks is not enough to achieve the goals of the Community policies, above all regarding research, innovation and training. |
| --- | --- |

4.1

The Committee concurs unreservedly with the Commission's diagnosis of shortcomings in the joint and coordinated use of the Community instruments it mentions; it does not, however, endorse the treatment prescribed, which it thinks is not enough to achieve the goals of the Community policies, above all regarding research, innovation and training.

| 4.2 | The Committee agrees with the Commission (11) that ‘[c]entral to the realisation of the renewed Partnership for Growth and Jobs is the effort to promote the knowledge economy, in particular through research, technological development and innovation’, but believes that this partnership is the joint responsibility of all parties concerned, at Community level no less than at national, regional and local levels. |
| --- | --- |

4.2

The Committee agrees with the Commission (11) that ‘[c]entral to the realisation of the renewed Partnership for Growth and Jobs is the effort to promote the knowledge economy, in particular through research, technological development and innovation’, but believes that this partnership is the joint responsibility of all parties concerned, at Community level no less than at national, regional and local levels.

| 4.3 | The Committee sees a need to go beyond the development of a territorial strategy of technological and innovation research and development and in addition make use of:






  — | foresight and SWOT analysis instruments (12) to identify the strategic opportunities of regions; |
| --- | --- | --- |

4.3

The Committee sees a need to go beyond the development of a territorial strategy of technological and innovation research and development and in addition make use of:

—

foresight and SWOT analysis instruments (12) to identify the strategic opportunities of regions;

| — | pertinent capacity-building and professional training actions; |
| --- | --- |

—

pertinent capacity-building and professional training actions;

| — | increased attractiveness of working in research and development to avert a brain drain both within the EU and towards the rest of the world; |
| --- | --- |

—

increased attractiveness of working in research and development to avert a brain drain both within the EU and towards the rest of the world;

| — | exchange of experts and of experience in innovation; |
| --- | --- |

—

exchange of experts and of experience in innovation;

| — | support for the development and coordination of knowledge-based industrial districts; |
| --- | --- |

—

support for the development and coordination of knowledge-based industrial districts;

| — | the European Technology Platforms and the Joint European initiatives; |
| --- | --- |

—

the European Technology Platforms and the Joint European initiatives;

| — | Community instruments in a coordinated way, with the creation of interactive systems to inform participating operators of the opportunities available to them; |
| --- | --- |

—

Community instruments in a coordinated way, with the creation of interactive systems to inform participating operators of the opportunities available to them;

| — | opportunities for communication and pooling of experience, especially between SMEs. |
| --- | --- |

—

opportunities for communication and pooling of experience, especially between SMEs.

| 4.4 | In the Committee's view, far-reaching action should be taken on the supply side to ensure an easily accessible framework for all the instruments available for the competitive development of Europe's regions. This development should be compatible with the aims of a ‘socially responsible region’, involve the social partners, chambers of commerce, academia and organised civil society, and be based on a strategy of European industrial policy (13) that is sustainable in terms of both production and consumption. |
| --- | --- |

4.4

In the Committee's view, far-reaching action should be taken on the supply side to ensure an easily accessible framework for all the instruments available for the competitive development of Europe's regions. This development should be compatible with the aims of a ‘socially responsible region’, involve the social partners, chambers of commerce, academia and organised civil society, and be based on a strategy of European industrial policy (13) that is sustainable in terms of both production and consumption.

| 4.5 | Moreover, while instruments are listed which help boost growth, create more and better jobs and make Europe's regions more competitive through research and innovation, the Committee finds the list incomplete, since it does not mention all the relevant Community intervention instruments and omits the coordination opportunities and requirements of available pan-European and international instruments. |
| --- | --- |

4.5

Moreover, while instruments are listed which help boost growth, create more and better jobs and make Europe's regions more competitive through research and innovation, the Committee finds the list incomplete, since it does not mention all the relevant Community intervention instruments and omits the coordination opportunities and requirements of available pan-European and international instruments.

| 4.6 | The Communication omits to mention, or mentions only in passing (14), possibilities of intervention such as:






  — | the European Investment Bank, with its wealth of opportunities; |
| --- | --- | --- |

4.6

The Communication omits to mention, or mentions only in passing (14), possibilities of intervention such as:

—

the European Investment Bank, with its wealth of opportunities;

| — | the Innovation 2010 Initiative (i2i); |
| --- | --- |

—

the Innovation 2010 Initiative (i2i);

| — | the collaborative initiatives undertaken at European and Community level, such as the European R&D Infrastructures (ESFRI) and the European Technology Platforms; |
| --- | --- |

—

the collaborative initiatives undertaken at European and Community level, such as the European R&D Infrastructures (ESFRI) and the European Technology Platforms;

| — | facilities for human resources in science and technology and EIBURS (EIB University Research Sponsorship Programme); |
| --- | --- |

—

facilities for human resources in science and technology and EIBURS (EIB University Research Sponsorship Programme);

| — | STAREBEI (STAges de REcherche BEI) and BEI University Networks; |
| --- | --- |

—

STAREBEI (STAges de REcherche BEI) and BEI University Networks;

| — | regional and local funding for R&D and innovation; |
| --- | --- |

—

regional and local funding for R&D and innovation;

| — | public and private investments in R&D and innovation; |
| --- | --- |

—

public and private investments in R&D and innovation;

| — | ICT and audiovisual services; |
| --- | --- |

—

ICT and audiovisual services;

| — | the integrated Education & Training 2010 work programme, comprising additional sectoral programmes covering lifelong learning for knowledge, creativity and innovation (15), which is an integral part of the knowledge triangle of education, research and innovation; |
| --- | --- |

—

the integrated Education & Training 2010 work programme, comprising additional sectoral programmes covering lifelong learning for knowledge, creativity and innovation (15), which is an integral part of the knowledge triangle of education, research and innovation;

| — | Community information society intervention instruments with programmes within the i2010 initiative (16); |
| --- | --- |

—

Community information society intervention instruments with programmes within the i2010 initiative (16);

| — | the contribution of social dialogue to bolstering the knowledge-based society; |
| --- | --- |

—

the contribution of social dialogue to bolstering the knowledge-based society;

| — | enhancing lifelong and periodic education; |
| --- | --- |

—

enhancing lifelong and periodic education;

| — | the European Globalisation Adjustment Fund (17) aimed at providing one-off targeted support to ease the reemployment of workers from branches or sectors suffering the shock of serious economic upheaval (18). |
| --- | --- |

—

the European Globalisation Adjustment Fund (17) aimed at providing one-off targeted support to ease the reemployment of workers from branches or sectors suffering the shock of serious economic upheaval (18).

| 4.7 | Moreover, there is no mention of the pan-European, non-Community, programmes and initiatives that nevertheless promote innovation in the EU, such as:






  — | the Eureka initiative, a pan-European network for market-oriented industrial R&D organisations with which the Commission has concluded a cooperation agreement and which assists the competitiveness of European companies by creating links and networks of innovation in thirty-six countries; |
| --- | --- | --- |

4.7

Moreover, there is no mention of the pan-European, non-Community, programmes and initiatives that nevertheless promote innovation in the EU, such as:

—

the Eureka initiative, a pan-European network for market-oriented industrial R&D organisations with which the Commission has concluded a cooperation agreement and which assists the competitiveness of European companies by creating links and networks of innovation in thirty-six countries;

| — | the Eurostars programme, the joint EC-Eureka initiative based on a Europe-wide scheme to support SMEs in developing new market products and services; |
| --- | --- |

—

the Eurostars programme, the joint EC-Eureka initiative based on a Europe-wide scheme to support SMEs in developing new market products and services;

| — | the European Bank for Reconstruction and Development (EBRD), which has concluded a partnership agreement with the Commission designed to facilitate the planning of large projects co-financed by the Cohesion Fund and the European Regional Development Fund (ERDF), especially in the new Member States, in the period 2007-2013; |
| --- | --- |

—

the European Bank for Reconstruction and Development (EBRD), which has concluded a partnership agreement with the Commission designed to facilitate the planning of large projects co-financed by the Cohesion Fund and the European Regional Development Fund (ERDF), especially in the new Member States, in the period 2007-2013;

| — | the LEED/OECD (Local Economic and Employment Development) programme, which identifies, analyses and disseminates innovative ideas for local development and seeks — sometimes in collaboration with the European Commission — to improve the governance of SMEs; |
| --- | --- |

—

the LEED/OECD (Local Economic and Employment Development) programme, which identifies, analyses and disseminates innovative ideas for local development and seeks — sometimes in collaboration with the European Commission — to improve the governance of SMEs;

| — | the Council of Europe Development Bank (CEB), which has a partnership agreement with the Commission and funds social projects to improve economic and social cohesion and increase social integration, environmental protection and the development of human capital in the regions; |
| --- | --- |

—

the Council of Europe Development Bank (CEB), which has a partnership agreement with the Commission and funds social projects to improve economic and social cohesion and increase social integration, environmental protection and the development of human capital in the regions;

| — | various Euregio activities and initiatives; |
| --- | --- |

—

various Euregio activities and initiatives;

| — | and the science cities initiatives. |
| --- | --- |

—

and the science cities initiatives.

| 4.8 | The Committee also sees a need, while respecting Article 54(5) of Council Regulation (EC) No 1083/2006, for greater clarification of the difficulties and impediments to joint and coordinated use of applicable instruments at national, regional and local level and by individual operators (19), not only with regard to different legal bases, thematic specialisation, geographical area and modes of implementation, but also in terms of substantial, and sometimes fatal, differences, such as:






  — | whether or not projects are transnational; |
| --- | --- | --- |

4.8

The Committee also sees a need, while respecting Article 54(5) of Council Regulation (EC) No 1083/2006, for greater clarification of the difficulties and impediments to joint and coordinated use of applicable instruments at national, regional and local level and by individual operators (19), not only with regard to different legal bases, thematic specialisation, geographical area and modes of implementation, but also in terms of substantial, and sometimes fatal, differences, such as:

—

whether or not projects are transnational;

| — | whether they start at the same time; |
| --- | --- |

—

whether they start at the same time;

| — | whether funding is provided at the same time; |
| --- | --- |

—

whether funding is provided at the same time;

| — | whether projects run concurrently; |
| --- | --- |

—

whether projects run concurrently;

| — | the possibilities and capacities for breaking down a wide-ranging territorial action project into a series of ‘subprojects’ to be carried out as required by individual Community, pan-European and international programmes and instruments. |
| --- | --- |

—

the possibilities and capacities for breaking down a wide-ranging territorial action project into a series of ‘subprojects’ to be carried out as required by individual Community, pan-European and international programmes and instruments.

| 4.9 | The Committee considers it vital that a European Practical Guide be compiled which furnishes an overview of types of Community and pan-European actions available, the various evaluation criteria and whether possible interventions are compatible and complementary. |
| --- | --- |

4.9

The Committee considers it vital that a European Practical Guide be compiled which furnishes an overview of types of Community and pan-European actions available, the various evaluation criteria and whether possible interventions are compatible and complementary.

| 4.10 | The Committee reiterates the need for coordinated and joint action ‘concerning the links between Community structural policies and the Union's research and innovation policies, as the Committee has urged on several occasions’ and stresses that ‘close coordination of these policies is essential in order to achieve optimum levels of practical synergy and to enable the needs of citizens, businesses and society to be fully met with the overall objective of sustainable, smooth medium- to long-term growth, in keeping with the integrated RTD problem-solving approach and with the key development factor of intangible investment’ (20). |
| --- | --- |

4.10

The Committee reiterates the need for coordinated and joint action ‘concerning the links between Community structural policies and the Union's research and innovation policies, as the Committee has urged on several occasions’ and stresses that ‘close coordination of these policies is essential in order to achieve optimum levels of practical synergy and to enable the needs of citizens, businesses and society to be fully met with the overall objective of sustainable, smooth medium- to long-term growth, in keeping with the integrated RTD problem-solving approach and with the key development factor of intangible investment’ (20).

| 4.11 | The Committee stresses the large number of Community policies that, alongside cohesion policy and research policy, help to improve the competitiveness of Europe's regions, and reiterates the need for an integrated and coordinated approach which comprises:






  — | a sustainable industry policy, as highlighted by the Brussels European Council in December 2007, whereby ‘an integrated approach to European Competitiveness should be fostered by a sustainable industrial policy, combined with innovation and skills, while developing its external dimension in order to ensure a level playing field’ (21); |
| --- | --- | --- |

4.11

The Committee stresses the large number of Community policies that, alongside cohesion policy and research policy, help to improve the competitiveness of Europe's regions, and reiterates the need for an integrated and coordinated approach which comprises:

—

a sustainable industry policy, as highlighted by the Brussels European Council in December 2007, whereby ‘an integrated approach to European Competitiveness should be fostered by a sustainable industrial policy, combined with innovation and skills, while developing its external dimension in order to ensure a level playing field’ (21);

| — | a reappraisal of the European single market policy to ensure an innovation-friendly environment, protection of intellectual property and collaboration between universities, businesses and research centres, as well as an enhanced policy of legislative standardisation; |
| --- | --- |

—

a reappraisal of the European single market policy to ensure an innovation-friendly environment, protection of intellectual property and collaboration between universities, businesses and research centres, as well as an enhanced policy of legislative standardisation;

| — | a social and employment policy which provides for a structured social dialogue, shared flexicurity principles (22), support for active ageing and policies of active inclusion and lifelong learning for all; |
| --- | --- |

—

a social and employment policy which provides for a structured social dialogue, shared flexicurity principles (22), support for active ageing and policies of active inclusion and lifelong learning for all;

| — | a policy of sustainable development and consumption which is committed to the research and application of clean and innovative technologies and includes an integrated policy on climate and energy, sustainable management of natural resources and sustainable production and consumption. |
| --- | --- |

—

a policy of sustainable development and consumption which is committed to the research and application of clean and innovative technologies and includes an integrated policy on climate and energy, sustainable management of natural resources and sustainable production and consumption.

| 4.12 | In this connection, the Committee reiterates its existing views on the need to (23):






  — | ‘formulate and adopt an overall Community strategy for streamlining the relevant mechanisms of European policies, in order — while respecting regional identities — to allow Europe to speak with one voice from the point of view of competitiveness and the sustainable and harmonious development of the European system’; |
| --- | --- | --- |

4.12

In this connection, the Committee reiterates its existing views on the need to (23):

—

‘formulate and adopt an overall Community strategy for streamlining the relevant mechanisms of European policies, in order — while respecting regional identities — to allow Europe to speak with one voice from the point of view of competitiveness and the sustainable and harmonious development of the European system’;

| — | ‘identify integrated instruments [of] local, regional and national innovation markets’; |
| --- | --- |

—

‘identify integrated instruments [of] local, regional and national innovation markets’;

| — | ‘establish the levels of integration and their interaction, inter alia in order to synchronise and ensure the compatibility of the decision-making and implementation aspects of the structural cohesion policy and RTD/innovation policy. This is vital in order that the policies be fully and effectively integrated’; |
| --- | --- |

—

‘establish the levels of integration and their interaction, inter alia in order to synchronise and ensure the compatibility of the decision-making and implementation aspects of the structural cohesion policy and RTD/innovation policy. This is vital in order that the policies be fully and effectively integrated’;

| — | ‘identify new ways to combine the cohesion and RTDD instruments, using simplified methods and procedures which are, wherever possible, uniform and automatic. Full advantage should be taken of the possibility allowed [...] to vary the levels of support for company RTD’; |
| --- | --- |

—

‘identify new ways to combine the cohesion and RTDD instruments, using simplified methods and procedures which are, wherever possible, uniform and automatic. Full advantage should be taken of the possibility allowed [...] to vary the levels of support for company RTD’;

| — | ‘set up systems to control and monitor combined RTDD/cohesion schemes in order to assess their effectiveness in terms of the achievement of the declared objectives; this could be done by using pre-established and harmonised performance indicators, as well as benchmarking at regional level’. |
| --- | --- |

—

‘set up systems to control and monitor combined RTDD/cohesion schemes in order to assess their effectiveness in terms of the achievement of the declared objectives; this could be done by using pre-established and harmonised performance indicators, as well as benchmarking at regional level’.

| 4.12.1 | The Committee also recommends the integration of Community training programmes. |
| --- | --- |

4.12.1

The Committee also recommends the integration of Community training programmes.

| 4.13 | The Committee expresses its regret that ten years later this crucial issue is still approached in terms of analysis rather than getting to the nub of the problem, which requires Community intervention to provide new ‘simultaneous engineering capacities of various types of action (technological, demonstrative, innovative, dissemination, educational, financial, etc.) — the aim being to boost employment and production at regional level’ (24). |
| --- | --- |

4.13

The Committee expresses its regret that ten years later this crucial issue is still approached in terms of analysis rather than getting to the nub of the problem, which requires Community intervention to provide new ‘simultaneous engineering capacities of various types of action (technological, demonstrative, innovative, dissemination, educational, financial, etc.) — the aim being to boost employment and production at regional level’ (24).

| 4.14 | The Committee maintains that specific and precise Community action can no longer be postponed if the risk of losses in productivity and employment in Europe's regions is to be averted. |
| --- | --- |

4.14

The Committee maintains that specific and precise Community action can no longer be postponed if the risk of losses in productivity and employment in Europe's regions is to be averted.

5.   The EESC proposal

The Jasmine (
  Joint Assistance Supporting Multiprojects for Innovation Networking in Europe
  ) initiative

| 5.1 | The EESC advocates a voluntary instrument for simplifying and removing bureaucratic, procedural and conceptual obstacles to the joint use of pan-European, Community, national and regional programmes in line with an accelerated development of the European Research Area (ERA). |
| --- | --- |

5.1

The EESC advocates a voluntary instrument for simplifying and removing bureaucratic, procedural and conceptual obstacles to the joint use of pan-European, Community, national and regional programmes in line with an accelerated development of the European Research Area (ERA).

| 5.2 | The Committee considers that the current priority is to address problems relating to the plurality of governance levels of the various available interventions to restart the competitiveness of Europe's regions. To this end, it proposes a new initiative — Jasmine: Joint Assistance Supporting Multiprojects for Innovation Networking in Europe — to tackle the present institutional gaps, on both demand and supply sides, in interventions to support innovation and research in the regions. |
| --- | --- |

5.2

The Committee considers that the current priority is to address problems relating to the plurality of governance levels of the various available interventions to restart the competitiveness of Europe's regions. To this end, it proposes a new initiative — Jasmine: Joint Assistance Supporting Multiprojects for Innovation Networking in Europe — to tackle the present institutional gaps, on both demand and supply sides, in interventions to support innovation and research in the regions.

| 5.3 | Community action should be based on Policy Networking, which could take the following forms:






  — | the creation of a ‘Jasmine Community Initiative’ to flank JASPERS, JEREMIE and JESSICA and develop technical assistance actions focused not only on national, regional and local authorities, but also on operators concerned, to make coordination between Community, pan-European and national interventions really effective and to meet the need for simultaneous engineering between various types of intervention; |
| --- | --- | --- |

5.3

Community action should be based on Policy Networking, which could take the following forms:

—

the creation of a ‘Jasmine Community Initiative’ to flank JASPERS, JEREMIE and JESSICA and develop technical assistance actions focused not only on national, regional and local authorities, but also on operators concerned, to make coordination between Community, pan-European and national interventions really effective and to meet the need for simultaneous engineering between various types of intervention;

| — | steps to enable the various players to act in a more informed and coordinated way and be dependent on one another for information, managerial capacities, competences and financial resources. This would enable multi-level governance interventions to be launched at the same time within a single coherent regional planning framework, whether this involves Public/Private Partnership actions or national, Community and transnational actions; |
| --- | --- |

—

steps to enable the various players to act in a more informed and coordinated way and be dependent on one another for information, managerial capacities, competences and financial resources. This would enable multi-level governance interventions to be launched at the same time within a single coherent regional planning framework, whether this involves Public/Private Partnership actions or national, Community and transnational actions;

| — | a vertical policy network which involves governance institutions at various levels — international, Community, national and regional — in well-defined and well-structured systems of cooperation; |
| --- | --- |

—

a vertical policy network which involves governance institutions at various levels — international, Community, national and regional — in well-defined and well-structured systems of cooperation;

| — | a horizontal policy network which involves public and private entities in the regions, such as local governments, business, banks, NGOs, interest groups and social dialogue institutions (25); |
| --- | --- |

—

a horizontal policy network which involves public and private entities in the regions, such as local governments, business, banks, NGOs, interest groups and social dialogue institutions (25);

| — | the creation of a Jasmine Focal Point as a Community coordination and information unit between the different levels and different kinds of action — subject to different rules and with different managerial responsibilities within and outside the Commission's services — to maximise their results. It could have its own website, for example, but should not be unduly centralised (26); |
| --- | --- |

—

the creation of a Jasmine Focal Point as a Community coordination and information unit between the different levels and different kinds of action — subject to different rules and with different managerial responsibilities within and outside the Commission's services — to maximise their results. It could have its own website, for example, but should not be unduly centralised (26);

| — | the creation of a Community Network of Jasmine Focal Points in regions that so desire to ensure the overall coherence of projects that are divided into several subprojects; linkage between the territoriality and the transterritoriality of the subprojects themselves; finding national and transnational partners for multiproject proposals; ensuring that projects start, receive funding and are implemented at the same time; avoidance of duplication; |
| --- | --- |

—

the creation of a Community Network of Jasmine Focal Points in regions that so desire to ensure the overall coherence of projects that are divided into several subprojects; linkage between the territoriality and the transterritoriality of the subprojects themselves; finding national and transnational partners for multiproject proposals; ensuring that projects start, receive funding and are implemented at the same time; avoidance of duplication;

| — | the voluntary creation by regions of regional Jasmine Holding Funds, which should be given briefs defined in advance by the Commission and be accredited by it on the basis of cost effectiveness, efficiency, impartiality, equal treatment and procedural transparency; |
| --- | --- |

—

the voluntary creation by regions of regional Jasmine Holding Funds, which should be given briefs defined in advance by the Commission and be accredited by it on the basis of cost effectiveness, efficiency, impartiality, equal treatment and procedural transparency;

| — | the launch of a Foresight Community action called Competitive European Regions that will benefit from the experience of DG Research and involve senior officials of all the relevant Commission services, together with political representatives of the regions and with the European Parliament, the Committee of the Regions and the European Economic and Social Committee; |
| --- | --- |

—

the launch of a Foresight Community action called Competitive European Regions that will benefit from the experience of DG Research and involve senior officials of all the relevant Commission services, together with political representatives of the regions and with the European Parliament, the Committee of the Regions and the European Economic and Social Committee;

| — | the incorporation of specific benchmarking actions on the ‘success [...] [of] new methods of governance based on transparency, simplification of procedures and a genuine partnership with the local and regional socio-economic players (27)’; |
| --- | --- |

—

the incorporation of specific benchmarking actions on the ‘success [...] [of] new methods of governance based on transparency, simplification of procedures and a genuine partnership with the local and regional socio-economic players (27)’;

| — | capacity-building action for local administrations and economic and social players, support for the development of transnational networks for project partnerships, monitoring of the synergies and synchronicities of projects, and support for a transparent and interactive communication and information strategy. |
| --- | --- |

—

capacity-building action for local administrations and economic and social players, support for the development of transnational networks for project partnerships, monitoring of the synergies and synchronicities of projects, and support for a transparent and interactive communication and information strategy.

| 5.4 | The new priorities of regional programmes, focused on innovation, competitiveness and reciprocal learning throughout active life, should make it possible to develop active policies to reinforce and sustain the competitiveness of regions through the funding of regional and interregional foresight exercises, clusters and district networks that provide a strategic vision shared by each region. This can serve as the basis for a technical support action for the best combined use of the most suitable national, Community and pan-European instruments and PPPs. |
| --- | --- |

5.4

The new priorities of regional programmes, focused on innovation, competitiveness and reciprocal learning throughout active life, should make it possible to develop active policies to reinforce and sustain the competitiveness of regions through the funding of regional and interregional foresight exercises, clusters and district networks that provide a strategic vision shared by each region. This can serve as the basis for a technical support action for the best combined use of the most suitable national, Community and pan-European instruments and PPPs.

| 5.5 | Jasmine could serve as a guarantee which would facilitate the acceptance of individual projects by reassuring various funding bodies and programmes that they are a part or stage of a larger project. This could be done on the basis of a Memorandum of Understanding or a cooperation agreement between the European Commission and other Community and non-Community bodies, or under the Commission's administrative regulations when different services of the Commission itself are responsible for individual programmes. |
| --- | --- |

5.5

Jasmine could serve as a guarantee which would facilitate the acceptance of individual projects by reassuring various funding bodies and programmes that they are a part or stage of a larger project. This could be done on the basis of a Memorandum of Understanding or a cooperation agreement between the European Commission and other Community and non-Community bodies, or under the Commission's administrative regulations when different services of the Commission itself are responsible for individual programmes.

| 5.6 | The aim of Jasmine is to facilitate the mobilisation of financial resources covering different managerial responsibilities and different tiers of governance (public or private) to achieve an optimum critical mass of resources — thus increasing the total leverage effect — in order to create a single multi-project framework that fully meets a European region's shared strategic vision of improving its strong points in technology and innovation. |
| --- | --- |

5.6

The aim of Jasmine is to facilitate the mobilisation of financial resources covering different managerial responsibilities and different tiers of governance (public or private) to achieve an optimum critical mass of resources — thus increasing the total leverage effect — in order to create a single multi-project framework that fully meets a European region's shared strategic vision of improving its strong points in technology and innovation.

| 5.7 | Jasmine should be based on the experiences of the Lead Market Initiative, the European Technology Platforms and the Joint Technology Initiatives and on the outcomes of ERANET and ERANET PLUS, the Regions for Economic Change and PRO INNO initiatives and JEREMIE, JASPERS and JESSICA (28). |
| --- | --- |

5.7

Jasmine should be based on the experiences of the Lead Market Initiative, the European Technology Platforms and the Joint Technology Initiatives and on the outcomes of ERANET and ERANET PLUS, the Regions for Economic Change and PRO INNO initiatives and JEREMIE, JASPERS and JESSICA (28).

| 5.8 | Jasmine could maximise the innovation and research efforts of the regions and the companies, human resources, universities, research centres and administrations on which they rest — through the Knowledge and Innovation Communities of the European Institute of Technology (EIT), for example. It should be remembered, however, that innovation is for the most part a commercial activity that must be able to function in the best possible operational environment, especially regarding the tax burden on research, the treatment and protection of intellectual property and the excellence of education and training structures which will generate more and better jobs. |
| --- | --- |

5.8

Jasmine could maximise the innovation and research efforts of the regions and the companies, human resources, universities, research centres and administrations on which they rest — through the Knowledge and Innovation Communities of the European Institute of Technology (EIT), for example. It should be remembered, however, that innovation is for the most part a commercial activity that must be able to function in the best possible operational environment, especially regarding the tax burden on research, the treatment and protection of intellectual property and the excellence of education and training structures which will generate more and better jobs.

| 5.9 | Finally, Jasmine could help to make the most of the distinctive advantages of the regions and to promote exchanges on innovation and research. |
| --- | --- |

5.9

Finally, Jasmine could help to make the most of the distinctive advantages of the regions and to promote exchanges on innovation and research.

Brussels, 22 April 2008.

The President

of the European Economic and Social Committee

Dimitris DIMITRIADIS

---

(1)  As the term is used in Commission documents, i.e. to mean simultaneous planning.

1

(2)  See opinion (rapporteur Mr Wolf — OJ C 44/1 of 16.2.2008), point 1.14: ‘The Committee recommends that clear and comprehensible rules be developed to manage the wide range of Community instruments for promoting and coordinating R&D. This includes a summary list (and instructions for use) of all instruments and measures available to the Commission for promoting and coordinating R&D objectives ...’.

2

(3)  See opinion (rapporteur Mr Malosse — OJ C 10 of 14.1.2004, page 88).

3

(4)  See opinion OJ C 255 of 14.10.2005, page 1.

4

(5)  See opinion OJ C 44 of 16.2.2008, page 1.

5

(6)  Council decision of 6.10.2006.

6

(7)  See also the Science Cities initiative

7

wxw.sciencecities.eu.

(8)  See opinion OJ C 110 of 9.5.2006.

8

(9)  JEREMIE: Joint European Resources for Micro to Medium Enterprises; JESSICA: Joint European Support for Sustainable Investment in City Areas; JASPERS: Joint Assistance in Supporting Projects in European Regions.

9

(10)  CREST Guidelines — 1.6.2007.

10

(11)  See COM(2007) 474 final.

11

(12)  SWOT: Strengths and Weaknesses, Opportunities and Threats Analysis.

12

(13)  COM(2007) 374 final of 4.7.2007.

13

(14)  See SEC(2007) 1045 final of 16.8.2007.

14

(15)  See COM(2007) 703 final of 12.11.2007.

15

(16)  See COM(2007) 146 final.

16

(17)  See COM(2006) 91 final.

17

(18)  See opinion OJ C 318 of 23.12.2006.

18

(19)  See opinion OJ C 44 of 16.2.2008, page 1, point 4.8: ‘Existing Community instruments for promoting and coordinating R&D objectives. On the other hand, the Committee recommends that general, clear and comprehensible rules should be developed to manage the wide range of Community instruments for promoting and coordinating R&D. It would be very helpful if the Commission listed and described (i.e. provided comprehensible instructions for use for) all the instruments and measures available to it for promoting and coordinating R&D objectives. This would also show whether, among the growing plethora of instruments, the purpose of each one is adequately defined and the instruments properly separated, and whether they can be easily understood by potential users and Commission staff or need to be overhauled to make them clearer’.

19

(20)  See opinion OJ C 40 of 15.2.1999.

20

(21)  Presidency Conclusions, Brussels European Council, 14 December 2007.

21

(22)  As set out in point 16 of the Conclusions of the European Council of 13 and 14 March 2008 and in EESC opinions.

22

(23)  See opinion OJ C 40 of 15.2.1999.

23

(24)  See footnote 23.

24

(25)  See Regional Policy DG, EC, January 2003.

25

(26)  See point 3.14 of opinion OJ C 44 of 16.2.2008, page 1: ‘The Commission should certainly avoid the impression that its aim is to introduce central management of European research; this would further fuel the existing concern of the general public n the Member States about excessive centralisation in Brussels’.

26

(27)  See opinion OJ C 10/88 of 14.1.2004.

27

(28)  See footnote 9.

28

---

| 19.8.2008 | EN | Official Journal of the European Union | C 211/9 |
| --- | --- | --- | --- |

19.8.2008

EN

Official Journal of the European Union

C 211/9

---

Opinion of the European Economic and Social Committee on the ‘Proposal for a Regulation of the European Parliament and of the Council on the protection of pedestrians and other vulnerable road users’

COM(2007) 560 final — 2007/0201 (COD)

(2008/C 211/02)

On 23 October 2007 the Council decided to consult the European Economic and Social Committee, under Article 95 of the Treaty establishing the European Community, on the

Proposal for a Regulation of the European Parliament and of the Council on the protection of pedestrians and other vulnerable road users.

The Section for the Single Market, Production and Consumption, which was responsible for preparing the Committee's work on the subject, adopted its opinion on 3 April 2008. The rapporteur was Mr Ranocchiari.

At its 444th plenary session, held on 22-23 April 2008 (meeting of 22 April), the European Economic and Social Committee adopted the following opinion by 155 votes, nem con with three abstentions.

1.   Summary and conclusions

| 1.1 | Every year, more than 44 000 people are killed and a further 1,7 million injured in road accidents in the 27 Member States. Of these, more than 8 000 of those killed and 300 000 of those injured belong to the most vulnerable category of road users — pedestrians and cyclists (1). |
| --- | --- |

1.1

Every year, more than 44 000 people are killed and a further 1,7 million injured in road accidents in the 27 Member States. Of these, more than 8 000 of those killed and 300 000 of those injured belong to the most vulnerable category of road users — pedestrians and cyclists (1).

| 1.2 | A framework directive was adopted in 2003 in order to ensure better protection for vulnerable users. It entailed a thorough review of the construction of the front part of vehicles, to be implemented in two phases: the first was applied to vehicles type-approved from 1 October 2005, while the second was to take effect in September 2010, following a feasibility assessment to be carried out before the end of 2004. |
| --- | --- |

1.2

A framework directive was adopted in 2003 in order to ensure better protection for vulnerable users. It entailed a thorough review of the construction of the front part of vehicles, to be implemented in two phases: the first was applied to vehicles type-approved from 1 October 2005, while the second was to take effect in September 2010, following a feasibility assessment to be carried out before the end of 2004.

| 1.3 | As confirmed in studies from numerous independent experts, the second phase has proved not to be feasible, at least under the conditions laid down: the Commission is therefore now proposing to revise it, including new alternative measures which will however guarantee, or even improve upon, the level of safety contained in the provisions of the existing directive. |
| --- | --- |

1.3

As confirmed in studies from numerous independent experts, the second phase has proved not to be feasible, at least under the conditions laid down: the Commission is therefore now proposing to revise it, including new alternative measures which will however guarantee, or even improve upon, the level of safety contained in the provisions of the existing directive.

| 1.4 | More specifically, the study carried out by the expert engaged by the Commission (2) suggested a number of solutions, which have been taken up in the present proposal, combining active and passive safety measures, in line with the recommendations put forward by CARS 21 (3) and with the proposal for a global technical regulation (GTR) for the protection of pedestrians drawn up by the United Nations' Economic Commission for Europe, Geneva (UN-ECE). |
| --- | --- |

1.4

More specifically, the study carried out by the expert engaged by the Commission (2) suggested a number of solutions, which have been taken up in the present proposal, combining active and passive safety measures, in line with the recommendations put forward by CARS 21 (3) and with the proposal for a global technical regulation (GTR) for the protection of pedestrians drawn up by the United Nations' Economic Commission for Europe, Geneva (UN-ECE).

| 1.5 | The EESC also considers that the proposal does not hinder free competition between manufacturers, in that it does not restrict the market offer of vehicle models, but seeks to channel demand towards models with higher safety requirements. |
| --- | --- |

1.5

The EESC also considers that the proposal does not hinder free competition between manufacturers, in that it does not restrict the market offer of vehicle models, but seeks to channel demand towards models with higher safety requirements.

| 1.6 | In the light of the above, the EESC unreservedly supports the Commission's proposal. However, it regrets the almost three-year delay in reviewing the measures that have proved not to be feasible and in drafting new ones, although the delay is probably due in part to the appearance of data and technical solutions that were not available when the current directive was adopted. |
| --- | --- |

1.6

In the light of the above, the EESC unreservedly supports the Commission's proposal. However, it regrets the almost three-year delay in reviewing the measures that have proved not to be feasible and in drafting new ones, although the delay is probably due in part to the appearance of data and technical solutions that were not available when the current directive was adopted.

| 1.7 | The EESC calls for the delay — which is all the more serious since it concerns the lives and health of Europe's citizens — to be made up through the rapid and full approval of the proposal by the European Parliament and the Council, enabling the second phase to commence within the planned timescale. |
| --- | --- |

1.7

The EESC calls for the delay — which is all the more serious since it concerns the lives and health of Europe's citizens — to be made up through the rapid and full approval of the proposal by the European Parliament and the Council, enabling the second phase to commence within the planned timescale.

| 1.8 | While welcoming the increased efficacy of the technical measures adopted for vehicles, the EESC calls on the European institutions and the Member States to press ahead more decisively with initiatives regarding the other two aspects contributing to road safety: firstly, enhanced infrastructure quality and safety and secondly, training and awareness of all road users. This call must equally be addressed to regional and local authorities, who are increasingly shouldering decisive responsibilities in this sector. |
| --- | --- |

1.8

While welcoming the increased efficacy of the technical measures adopted for vehicles, the EESC calls on the European institutions and the Member States to press ahead more decisively with initiatives regarding the other two aspects contributing to road safety: firstly, enhanced infrastructure quality and safety and secondly, training and awareness of all road users. This call must equally be addressed to regional and local authorities, who are increasingly shouldering decisive responsibilities in this sector.

2.   Introduction

| 2.1 | Every year, some 8 000 pedestrians and cyclists, the most vulnerable road users, are killed and 300 000 injured in road accidents in the 27 Member States. |
| --- | --- |

2.1

Every year, some 8 000 pedestrians and cyclists, the most vulnerable road users, are killed and 300 000 injured in road accidents in the 27 Member States.

| 2.2 | As far back as 2001, the Commission obtained a commitment on the part of vehicle manufacturers to develop new means of enhancing the protection of pedestrians and cyclists, both actively (before a collision occurs) and passively (at the time of collision). |
| --- | --- |

2.2

As far back as 2001, the Commission obtained a commitment on the part of vehicle manufacturers to develop new means of enhancing the protection of pedestrians and cyclists, both actively (before a collision occurs) and passively (at the time of collision).

| 2.3 | The range of measures suggested at that time by manufacturers included the equipping of all vehicles with antilock brake systems (ABS), a voluntary ban on the sale of rigid bull bars, the fitting of daytime running lights (DRL) — a measure subsequently withdrawn following opposition from some Member States — and lastly, the future introduction of advanced active safety new technology, which was still at the research stage. |
| --- | --- |

2.3

The range of measures suggested at that time by manufacturers included the equipping of all vehicles with antilock brake systems (ABS), a voluntary ban on the sale of rigid bull bars, the fitting of daytime running lights (DRL) — a measure subsequently withdrawn following opposition from some Member States — and lastly, the future introduction of advanced active safety new technology, which was still at the research stage.

| 2.4 | The Council and the European Parliament welcomed the industry's commitment, at the same time calling for this field to be governed, not by a voluntary agreement or a recommendation, but by fully-fledged legislation on the protection of pedestrians in the form of a specific directive. |
| --- | --- |

2.4

The Council and the European Parliament welcomed the industry's commitment, at the same time calling for this field to be governed, not by a voluntary agreement or a recommendation, but by fully-fledged legislation on the protection of pedestrians in the form of a specific directive.

| 2.5 | This gave rise to ‘framework’ Directive 2003/102/EC (4) relating to the protection of pedestrians and other vulnerable road users, followed by Directive 2005/66/EC (5) relating to the use of frontal protection systems on motor vehicles (elimination of rigid bumpers). |
| --- | --- |

2.5

This gave rise to ‘framework’ Directive 2003/102/EC (4) relating to the protection of pedestrians and other vulnerable road users, followed by Directive 2005/66/EC (5) relating to the use of frontal protection systems on motor vehicles (elimination of rigid bumpers).

| 2.6 | The framework directive on protecting pedestrians is based on tests and threshold values suggested by the European Enhanced Vehicle-safety Committee, and entails implementation in two phases, both focusing on passive safety. The first phase, which introduced changes in construction and lighter bonnets and bumpers for M1 and N1
   (6) vehicles weighing not more than 2 500 kg, came into force for vehicles that were type-approved from 1 October 2005. The second phase, laying down stricter tests and threshold values, is to apply to vehicles that are type-approved from 1 September 2010. |
| --- | --- |

2.6

The framework directive on protecting pedestrians is based on tests and threshold values suggested by the European Enhanced Vehicle-safety Committee, and entails implementation in two phases, both focusing on passive safety. The first phase, which introduced changes in construction and lighter bonnets and bumpers for M1 and N1
   (6) vehicles weighing not more than 2 500 kg, came into force for vehicles that were type-approved from 1 October 2005. The second phase, laying down stricter tests and threshold values, is to apply to vehicles that are type-approved from 1 September 2010.

| 2.7 | Serious doubts concerning the feasibility of the tests planned for the second phase were already expressed when the proposal was discussed at the European Parliament: in the final version of the text, the directive stipulated that the Commission should carry out a feasibility assessment of the second phase by 1 July 2004. Specifically, the assessment was to identify ‘alternative measures — either passive or a combination of active and passive measures — which are at least equivalent in terms of actual effectiveness’ (7). |
| --- | --- |

2.7

Serious doubts concerning the feasibility of the tests planned for the second phase were already expressed when the proposal was discussed at the European Parliament: in the final version of the text, the directive stipulated that the Commission should carry out a feasibility assessment of the second phase by 1 July 2004. Specifically, the assessment was to identify ‘alternative measures — either passive or a combination of active and passive measures — which are at least equivalent in terms of actual effectiveness’ (7).

| 2.8 | A series of studies carried out by independent experts, including those engaged by the Commission, showed that it was technically impossible to fulfil the second-phase requirements within the deadline set and using the tests stipulated by the EEVC. In consequence, the new proposal lays down revised passive safety parameters, together with new active safety elements that have been developed by the industry in the meantime, which can meet and even exceed the requirements of Article 5, being ‘at least equivalent in terms of actual effectiveness’. |
| --- | --- |

2.8

A series of studies carried out by independent experts, including those engaged by the Commission, showed that it was technically impossible to fulfil the second-phase requirements within the deadline set and using the tests stipulated by the EEVC. In consequence, the new proposal lays down revised passive safety parameters, together with new active safety elements that have been developed by the industry in the meantime, which can meet and even exceed the requirements of Article 5, being ‘at least equivalent in terms of actual effectiveness’.

| 2.9 | Furthermore, the tests now suggested are equal to those contained in the global technical regulation for the protection of pedestrians drawn up by the UN Economic Commission for Europe (UN-ECE). The ensuing possible harmonisation of European legislation with legislation outside Europe would also clearly boost the competitiveness of the European vehicle industry. |
| --- | --- |

2.9

Furthermore, the tests now suggested are equal to those contained in the global technical regulation for the protection of pedestrians drawn up by the UN Economic Commission for Europe (UN-ECE). The ensuing possible harmonisation of European legislation with legislation outside Europe would also clearly boost the competitiveness of the European vehicle industry.

3.   The European Commission's proposal

| 3.1 | The new proposal, which is now for a regulation rather than a directive, sets out first and foremost to combine the provisions of the directive on frontal protection systems with those of the earlier directive on the protection of pedestrians, which will be amended as necessary in order to ensure that they can be applied. Consequently, if the proposed regulation is adopted, both of these directives will be repealed. |
| --- | --- |

3.1

The new proposal, which is now for a regulation rather than a directive, sets out first and foremost to combine the provisions of the directive on frontal protection systems with those of the earlier directive on the protection of pedestrians, which will be amended as necessary in order to ensure that they can be applied. Consequently, if the proposed regulation is adopted, both of these directives will be repealed.

| 3.2 | The tests that vehicles will have to pass in order to be type-approved under the proposed regulation concern: |
| --- | --- |

3.2

The tests that vehicles will have to pass in order to be type-approved under the proposed regulation concern:

| 3.2.1 | collision of child or small adult headform with the forward part of the bonnet; collision of adult headform with the rear part of the bonnet and collision of lower and upper legforms with the bumper, with partially revised parameters regarding phase II under the present directive. For the purposes of monitoring rather than type-approval, and with a view to future technological developments, collision tests for the pelvis with the bonnet leading edge and adult headform with the windscreen are also stipulated. |
| --- | --- |

3.2.1

collision of child or small adult headform with the forward part of the bonnet; collision of adult headform with the rear part of the bonnet and collision of lower and upper legforms with the bumper, with partially revised parameters regarding phase II under the present directive. For the purposes of monitoring rather than type-approval, and with a view to future technological developments, collision tests for the pelvis with the bonnet leading edge and adult headform with the windscreen are also stipulated.

| 3.2.2 | Regarding frontal protection systems (former Directive 2005/66/EC), collision of legform and child or small adult headform with the system are confirmed as type-approval tests. Further tests are proposed for monitoring purposes, together with binding provisions on the construction and installation of these systems. |
| --- | --- |

3.2.2

Regarding frontal protection systems (former Directive 2005/66/EC), collision of legform and child or small adult headform with the system are confirmed as type-approval tests. Further tests are proposed for monitoring purposes, together with binding provisions on the construction and installation of these systems.

| 3.3 | Passive safety measures are supplemented by the installation of an active safety system in order to ensure the level of safety laid down in the two previous directives. These are the brake assist system (BAS), which helps a driver attempting to brake rapidly in an emergency but not applying sufficient pressure. In combination with ABS it ensures maximum braking pressure and optimises the rate of deceleration, significantly reducing the impact velocity with pedestrians. |
| --- | --- |

3.3

Passive safety measures are supplemented by the installation of an active safety system in order to ensure the level of safety laid down in the two previous directives. These are the brake assist system (BAS), which helps a driver attempting to brake rapidly in an emergency but not applying sufficient pressure. In combination with ABS it ensures maximum braking pressure and optimises the rate of deceleration, significantly reducing the impact velocity with pedestrians.

| 3.4 | Lastly, in view of the increasing number of heavier vehicles (especially SUVs) using the roads, it is now recommended that, following a transitional period, the provisions apply not only to M1 and N1 vehicles weighing up to 2 500 kg, as under the existing legislation, but also heavier ones weighing up to 3 500 kg, which is the upper limit for the two categories concerned. |
| --- | --- |

3.4

Lastly, in view of the increasing number of heavier vehicles (especially SUVs) using the roads, it is now recommended that, following a transitional period, the provisions apply not only to M1 and N1 vehicles weighing up to 2 500 kg, as under the existing legislation, but also heavier ones weighing up to 3 500 kg, which is the upper limit for the two categories concerned.

4.   The EESC's comments on the Commission's proposal

| 4.1 | Firstly, the EESC welcomes the Commission's decision to merge the two preceding directives in the proposed regulation. This option clarifies and simplifies the relevant legislation, as the EESC previously suggested in its opinion on the proposal for a directive on the use of frontal protection systems (8). |
| --- | --- |

4.1

Firstly, the EESC welcomes the Commission's decision to merge the two preceding directives in the proposed regulation. This option clarifies and simplifies the relevant legislation, as the EESC previously suggested in its opinion on the proposal for a directive on the use of frontal protection systems (8).

| 4.2 | Similarly, the EESC also endorses the choice of a regulation as the legal instrument, as this ensures specific implementation methods and deadlines in all the Member States — a particularly important aspect for such highly technical legislation. |
| --- | --- |

4.2

Similarly, the EESC also endorses the choice of a regulation as the legal instrument, as this ensures specific implementation methods and deadlines in all the Member States — a particularly important aspect for such highly technical legislation.

| 4.3 | On the other hand, the EESC regrets that it has proved impossible to implement the tests put forward by the EEVC for phase II, as their feasibility was not tested within the stipulated deadline (1 July 2004), leading to a delay of more than three years. |
| --- | --- |

4.3

On the other hand, the EESC regrets that it has proved impossible to implement the tests put forward by the EEVC for phase II, as their feasibility was not tested within the stipulated deadline (1 July 2004), leading to a delay of more than three years.

| 4.4 | The EESC, however, wishes to express its appreciation of the solution proposed following a lengthy but fruitful process, in which the recommendations put forward by CARS 21 on an integrated approach have been taken on board. This also enables European legislation to be brought into line with non-European laws. It is particularly satisfying that all this has been underpinned by a rigorous impact assessment, the first to have been examined and approved by the Impact Assessment Board recently set up by the European Commission. |
| --- | --- |

4.4

The EESC, however, wishes to express its appreciation of the solution proposed following a lengthy but fruitful process, in which the recommendations put forward by CARS 21 on an integrated approach have been taken on board. This also enables European legislation to be brought into line with non-European laws. It is particularly satisfying that all this has been underpinned by a rigorous impact assessment, the first to have been examined and approved by the Impact Assessment Board recently set up by the European Commission.

| 4.5 | The chosen solution, by implementing active safety measures as well, will — according to the forecasts from the Commission and its experts — cut the number of deaths and serious injuries by 80 % and 44 % respectively compared to the results that would have been achieved with the original phase II (9) (that has turned out to be unachievable), thereby helping to save more than 1 100 lives and reducing the number of people injured by 46 000. Moreover, the new measures entail very low costs and will therefore have a negligible impact on vehicle prices. |
| --- | --- |

4.5

The chosen solution, by implementing active safety measures as well, will — according to the forecasts from the Commission and its experts — cut the number of deaths and serious injuries by 80 % and 44 % respectively compared to the results that would have been achieved with the original phase II (9) (that has turned out to be unachievable), thereby helping to save more than 1 100 lives and reducing the number of people injured by 46 000. Moreover, the new measures entail very low costs and will therefore have a negligible impact on vehicle prices.

| 4.6 | In the light of the above, the EESC strongly recommends that the Commission's proposal should be rapidly and fully approved by the European Parliament and the Council, with no further delay, which would inevitably cause further slippage due to the vehicle industry's lead times (10). |
| --- | --- |

4.6

In the light of the above, the EESC strongly recommends that the Commission's proposal should be rapidly and fully approved by the European Parliament and the Council, with no further delay, which would inevitably cause further slippage due to the vehicle industry's lead times (10).

| 4.7 | The EESC hopes that the new provisions will also be rapidly applied to heavier vehicles, including SUVs, present in increasing numbers in urban traffic. To this end, the transitory period mentioned in the proposal should be fixed immediately. |
| --- | --- |

4.7

The EESC hopes that the new provisions will also be rapidly applied to heavier vehicles, including SUVs, present in increasing numbers in urban traffic. To this end, the transitory period mentioned in the proposal should be fixed immediately.

| 4.8 | Lastly, it should be remembered that these protective measures do not, of course, apply to older vehicles which now constitute one of the greatest dangers for vulnerable users. It is also worth pointing out that although ABS — now combined with BAS to great effect — has been widely introduced on a voluntary basis since 2004, will only become compulsory with the new legislation. |
| --- | --- |

4.8

Lastly, it should be remembered that these protective measures do not, of course, apply to older vehicles which now constitute one of the greatest dangers for vulnerable users. It is also worth pointing out that although ABS — now combined with BAS to great effect — has been widely introduced on a voluntary basis since 2004, will only become compulsory with the new legislation.

| 4.9 | The EESC would lastly point out that in the type of collision in question, injuries fall into two categories: those caused by the primary impact between the pedestrian or cyclist and the front part of the vehicle, and those caused by the secondary impact with the road surface onto which pedestrians are often thrown. It should in any case be pointed out that it is unrealistic to expect to protect pedestrians if the primary impact occurs at speeds above 40 kph. |
| --- | --- |

4.9

The EESC would lastly point out that in the type of collision in question, injuries fall into two categories: those caused by the primary impact between the pedestrian or cyclist and the front part of the vehicle, and those caused by the secondary impact with the road surface onto which pedestrians are often thrown. It should in any case be pointed out that it is unrealistic to expect to protect pedestrians if the primary impact occurs at speeds above 40 kph.

| 4.10 | The purpose of the above comments is to emphasise once again that a solution to this problem, as in the case of many other road user safety issues, depends on an integrated approach that must include — in addition to technical improvements to vehicles — another two key aspects: road user behaviour and infrastructure. These are both aspects on which the European institutions and the Member States will need to shoulder decisive responsibilities. |
| --- | --- |

4.10

The purpose of the above comments is to emphasise once again that a solution to this problem, as in the case of many other road user safety issues, depends on an integrated approach that must include — in addition to technical improvements to vehicles — another two key aspects: road user behaviour and infrastructure. These are both aspects on which the European institutions and the Member States will need to shoulder decisive responsibilities.

| 4.11 | The EESC considers that the European Commission has done, and continues to do, much in this regard, with proposals for legislative and policy initiatives, funds channelled through European framework research programmes, the programme for subsidising road safety and, last but not least, the launch of the European road safety charter. |
| --- | --- |

4.11

The EESC considers that the European Commission has done, and continues to do, much in this regard, with proposals for legislative and policy initiatives, funds channelled through European framework research programmes, the programme for subsidising road safety and, last but not least, the launch of the European road safety charter.

| 4.12 | In contrast, the other institutions and the Member States, although addressing the problem, do not always give sufficient support to the Commission's initiatives. The Commission's proposal, intended to raise road infrastructure safety standards (11), is a recent example of this. The proposal, considered by the EESC to be necessary in order to reduce the number of road casualties, has been judged by the European Parliament to be over-prescriptive and as a result has, in the name of the subsidiarity principle, been emptied of its most vigorous, binding provisions. In this case too, unless changes are made during the plenary vote — which is unlikely — the Parliament will have handed over all decisions to the Member States. |
| --- | --- |

4.12

In contrast, the other institutions and the Member States, although addressing the problem, do not always give sufficient support to the Commission's initiatives. The Commission's proposal, intended to raise road infrastructure safety standards (11), is a recent example of this. The proposal, considered by the EESC to be necessary in order to reduce the number of road casualties, has been judged by the European Parliament to be over-prescriptive and as a result has, in the name of the subsidiarity principle, been emptied of its most vigorous, binding provisions. In this case too, unless changes are made during the plenary vote — which is unlikely — the Parliament will have handed over all decisions to the Member States.

| 4.13 | Concerning the first aspect mentioned above, i.e. road user behaviour, accidents are frequently caused by driver carelessness, but just as often pedestrians and cyclists act imprudently, in contravention of the basic rules of the road and sometimes of common sense. Education and information in this area should be provided from primary school onward by means of regular publicity campaigns aimed at encouraging proper behaviour by all users. It is equally important to introduce severe penalties for dangerous behaviour by all road users. |
| --- | --- |

4.13

Concerning the first aspect mentioned above, i.e. road user behaviour, accidents are frequently caused by driver carelessness, but just as often pedestrians and cyclists act imprudently, in contravention of the basic rules of the road and sometimes of common sense. Education and information in this area should be provided from primary school onward by means of regular publicity campaigns aimed at encouraging proper behaviour by all users. It is equally important to introduce severe penalties for dangerous behaviour by all road users.

| 4.14 | The other essential aspect of road safety concerns infrastructure, first and foremost in cities, where 80 % of pedestrian and cyclist deaths occur. Physical separation of road users wherever possible represents the most effective way of preventing contact between vehicles, pedestrians and cyclists. From this point of view, work to build protected pedestrian crossings, footbridges, cycle lanes, proper lighting and surfaces, and clear signage, which should as far as possible be the same in the different Member States, would help to reduce the number of accidents, as well as creating a less hostile urban environment for people with disabilities. |
| --- | --- |

4.14

The other essential aspect of road safety concerns infrastructure, first and foremost in cities, where 80 % of pedestrian and cyclist deaths occur. Physical separation of road users wherever possible represents the most effective way of preventing contact between vehicles, pedestrians and cyclists. From this point of view, work to build protected pedestrian crossings, footbridges, cycle lanes, proper lighting and surfaces, and clear signage, which should as far as possible be the same in the different Member States, would help to reduce the number of accidents, as well as creating a less hostile urban environment for people with disabilities.

| 4.15 | Initiatives of this kind increase safety and improve the quality of life in cities, and should therefore be recalled in all Commission proposals including those, such as the present one, that refer only to the technical aspects of motor vehicles. |
| --- | --- |

4.15

Initiatives of this kind increase safety and improve the quality of life in cities, and should therefore be recalled in all Commission proposals including those, such as the present one, that refer only to the technical aspects of motor vehicles.

Brussels, 22 April 2008.

The President

of the European Economic and Social Committee

Dimitris DIMITRIADIS

---

(1)  Source: CARE (Community Road Accident data base): a database that collects and compiles data provided by the Member States on road accidents.

1

(2)  Transport Research Limited UK.

2

(3)  COM(2007) 22 final of 7 February 2007, A Competitive Automotive Regulatory Framework for the 21st Century.

3

A Competitive Automotive Regulatory Framework for the 21st Century

(4)  OJ L 321 of 6.12.2003 p. 15.

4

(5)  OJ L 309 of 25.11.2005 p. 37.

5

(6)

6

| M1 | = | vehicles for eight passengers + driver, maximum mass not exceeding 3 500 kg. |
| --- | --- | --- |
| N1 | = | commercial vehicles deriving from M1, maximum mass not exceeding 3 500 kg. |

M1

1

=

vehicles for eight passengers + driver, maximum mass not exceeding 3 500 kg.

N1

1

=

commercial vehicles deriving from M1, maximum mass not exceeding 3 500 kg.

1

(7)  Article 5 of Directive 2003/102/EC on the protection of pedestrians.

7

(8)  Opinion OJ C 118 of 30.4.2004.

8

(9)  SEC(2007) 1244: impact assessment accompanying the proposal for a regulation.

9

(10)  The time needed to implement any new requirement involving structural changes to vehicles.

10

(11)  COM(2006) 569 final.

11

---

| 19.8.2008 | EN | Official Journal of the European Union | C 211/12 |
| --- | --- | --- | --- |

19.8.2008

EN

Official Journal of the European Union

C 211/12

---

Opinion of the European Economic and Social Committee on the ‘Proposal for a Regulation of the European Parliament and of the Council on type-approval of motor vehicles and engines with respect to emissions from heavy duty vehicles (Euro VI) and on access to vehicle repair and maintenance information’

COM(2007) 851 final — 2007/0295 (COD)

(2008/C 211/03)

On 30 January 2008 the Council decided to consult the European Economic and Social Committee, under Article 95 of the Treaty establishing the European Community, on the

Proposal for a Regulation of the European Parliament and of the Council on type-approval of motor vehicles and engines with respect to emissions from heavy duty vehicles (Euro VI) and on access to vehicle repair and maintenance information.

The Section for the Single Market, Production and Consumption, which was responsible for preparing the Committee's work on the subject, adopted its opinion on 3 April 2008. The rapporteur was Mr Ranocchiari.

At its 444th plenary session, held on 22 and 23 April 2008 (meeting of 22 April), the European Economic and Social Committee adopted the following opinion by 142 votes nem. con., with 3 abstentions.

1.   Conclusions and recommendations

| 1.1 | The rise in demand for mobility, the proportion of private vehicles and the problems created by traffic congestion above all — but not only — in urban areas have helped to make road transport an area of human activity where particular attention is being paid to environmental impact assessment. The Commission's proposal to reduce the emission of atmospheric pollutants from heavy duty vehicles can also be seen in this context. |
| --- | --- |

1.1

The rise in demand for mobility, the proportion of private vehicles and the problems created by traffic congestion above all — but not only — in urban areas have helped to make road transport an area of human activity where particular attention is being paid to environmental impact assessment. The Commission's proposal to reduce the emission of atmospheric pollutants from heavy duty vehicles can also be seen in this context.

| 1.2 | The EESC supports the proposal, which it considers appropriate both in terms of its effectiveness and of time frames for application of environmental requirements and industry lead times. |
| --- | --- |

1.2

The EESC supports the proposal, which it considers appropriate both in terms of its effectiveness and of time frames for application of environmental requirements and industry lead times.

| 1.3 | The EESC shares the Commission's view that the regulation under consideration constitutes a step towards gradual global harmonisation of emission levels. |
| --- | --- |

1.3

The EESC shares the Commission's view that the regulation under consideration constitutes a step towards gradual global harmonisation of emission levels.

| 1.4 | The EESC considers the choice of a regulation as the legal instrument to be reasonable and particularly appropriate, as this ensures deadlines and specific implementation methods in all the Member States — a particularly important aspect for such highly technical legislation. |
| --- | --- |

1.4

The EESC considers the choice of a regulation as the legal instrument to be reasonable and particularly appropriate, as this ensures deadlines and specific implementation methods in all the Member States — a particularly important aspect for such highly technical legislation.

| 1.5 | The EESC fully supports the right of independent operators to have guaranteed access to vehicle repair information. It has misgivings, however, about opting to extend to heavy-duty commercial vehicles the standardised OASIS format, designed for passenger cars, for the reasons outlined below. |
| --- | --- |

1.5

The EESC fully supports the right of independent operators to have guaranteed access to vehicle repair information. It has misgivings, however, about opting to extend to heavy-duty commercial vehicles the standardised OASIS format, designed for passenger cars, for the reasons outlined below.

| 1.6 | In order to dispel these misgivings, the EESC hopes that the Commission will continue to seek alternative solutions which could have the same presumed advantages as the OASIS system but would be simpler and cheaper for users to apply. |
| --- | --- |

1.6

In order to dispel these misgivings, the EESC hopes that the Commission will continue to seek alternative solutions which could have the same presumed advantages as the OASIS system but would be simpler and cheaper for users to apply.

| 1.7 | The EESC would again stress the need for Commission policies on reducing pollutant emissions to encourage the introduction of alternative fuel vehicles with lower nitrogen oxides and particulate emissions, and to ensure that the future regulation also mentions the concept of fuel quality. |
| --- | --- |

1.7

The EESC would again stress the need for Commission policies on reducing pollutant emissions to encourage the introduction of alternative fuel vehicles with lower nitrogen oxides and particulate emissions, and to ensure that the future regulation also mentions the concept of fuel quality.

| 1.8 | The EESC believes that the reference to compulsory measurement of CO2 emissions is inappropriate for an instrument that should cover only pollutant emissions. The EESC fears that the complexity and specific nature of this issue, which have considerable implications for competitiveness, could give rise to a debate that could slow down the legislative process and delay the regulation's expected results. The EESC therefore suggests that the issue of CO2 be the subject of a separate regulation whenever more reliable data is available. |
| --- | --- |

1.8

The EESC believes that the reference to compulsory measurement of CO2 emissions is inappropriate for an instrument that should cover only pollutant emissions. The EESC fears that the complexity and specific nature of this issue, which have considerable implications for competitiveness, could give rise to a debate that could slow down the legislative process and delay the regulation's expected results. The EESC therefore suggests that the issue of CO2 be the subject of a separate regulation whenever more reliable data is available.

2.   Introduction

| 2.1 | Although air quality has improved over the past decade, there remain significant air quality problems throughout the European Union, especially in urban areas and densely populated regions. |
| --- | --- |

2.1

Although air quality has improved over the past decade, there remain significant air quality problems throughout the European Union, especially in urban areas and densely populated regions.

| 2.2 | By 2020 the EU will still be a long way from achieving the objectives of the 6th Environment action programme. Among the various forms of pollution, particulate matter is of increasing scientific concern. The proposed Regulation covered in this opinion is aimed at improving air quality, without impairing industrial competitiveness and the free movement of goods. |
| --- | --- |

2.2

By 2020 the EU will still be a long way from achieving the objectives of the 6th Environment action programme. Among the various forms of pollution, particulate matter is of increasing scientific concern. The proposed Regulation covered in this opinion is aimed at improving air quality, without impairing industrial competitiveness and the free movement of goods.

| 2.3 | The new Euro VI standard, as pointed out by vice-president Verheugen, will also be a step towards global harmonisation in that it sets emission limit values similar to those of the United States of America. |
| --- | --- |

2.3

The new Euro VI standard, as pointed out by vice-president Verheugen, will also be a step towards global harmonisation in that it sets emission limit values similar to those of the United States of America.

| 2.4 | Both occurring naturally and from human activities — particularly combustion processes — the particles that make up particulate matter (PM) have a complex, varying structure both chemically and in terms of size. |
| --- | --- |

2.4

Both occurring naturally and from human activities — particularly combustion processes — the particles that make up particulate matter (PM) have a complex, varying structure both chemically and in terms of size.

| 2.5 | It should be borne in mind that although it is often associated with the effects of human activities, acute cases of fine particulate pollution can also occur far from densely urbanised areas as a result of natural phenomena, specific weather conditions and local topography. Furthermore, the proportion of the various emission sources can vary significantly from area to area: the European Environment Agency (EEA) reckons that in the EU-15, 26 % of total emissions linked to human activity are attributable to road transport. |
| --- | --- |

2.5

It should be borne in mind that although it is often associated with the effects of human activities, acute cases of fine particulate pollution can also occur far from densely urbanised areas as a result of natural phenomena, specific weather conditions and local topography. Furthermore, the proportion of the various emission sources can vary significantly from area to area: the European Environment Agency (EEA) reckons that in the EU-15, 26 % of total emissions linked to human activity are attributable to road transport.

| 2.6 | This confirms, once again, that the problem of emissions and pollutants must always be assessed from all angles and as part of an integrated approach. |
| --- | --- |

2.6

This confirms, once again, that the problem of emissions and pollutants must always be assessed from all angles and as part of an integrated approach.

| 2.7 | From this perspective, the EESC welcomes the fact that the Commission has drawn up its proposal in the context of the Clean air for Europe programme (CAFE (1)), which provided the technical basis for preparing the Thematic Strategy on Air Pollution. |
| --- | --- |

2.7

From this perspective, the EESC welcomes the fact that the Commission has drawn up its proposal in the context of the Clean air for Europe programme (CAFE (1)), which provided the technical basis for preparing the Thematic Strategy on Air Pollution.

| 2.8 | The EESC also welcomes the split-level approach taken by the Commission on this issue. The proposed Regulation will lay down the fundamental provisions, for adoption through the co-decision procedure. The technical specifications implementing the main provisions will be laid down in a second Regulation to be adopted by the Commission with the assistance of the regulatory committee for adaptation to technical progress, under the comitology procedure. |
| --- | --- |

2.8

The EESC also welcomes the split-level approach taken by the Commission on this issue. The proposed Regulation will lay down the fundamental provisions, for adoption through the co-decision procedure. The technical specifications implementing the main provisions will be laid down in a second Regulation to be adopted by the Commission with the assistance of the regulatory committee for adaptation to technical progress, under the comitology procedure.

3.   The Commission proposal

| 3.1 | The Commission set out to identify measures necessary to attaining the desired air quality levels. Euro VI is one important measure for reducing gaseous emissions (such as nitrogen oxides — NOX and hydrocarbons — HC) and particulate matter. |
| --- | --- |

3.1

The Commission set out to identify measures necessary to attaining the desired air quality levels. Euro VI is one important measure for reducing gaseous emissions (such as nitrogen oxides — NOX and hydrocarbons — HC) and particulate matter.

| 3.2 | The Regulation applies to vehicles of categories M1, M2, N1 and N2, as defined in Annex II of Directive 2007/46/EC, with a reference mass exceeding 2 610 kg and all motor vehicles of categories M3 and N3, as defined in that Annex. It shall not apply, however, if a manufacturer so requests, to vehicles of categories M1, M2, N1 and N2 with a reference mass not exceeding 2 840 kg that are type-approved under Regulation (EC) No 715/2007 (2). |
| --- | --- |

3.2

The Regulation applies to vehicles of categories M1, M2, N1 and N2, as defined in Annex II of Directive 2007/46/EC, with a reference mass exceeding 2 610 kg and all motor vehicles of categories M3 and N3, as defined in that Annex. It shall not apply, however, if a manufacturer so requests, to vehicles of categories M1, M2, N1 and N2 with a reference mass not exceeding 2 840 kg that are type-approved under Regulation (EC) No 715/2007 (2).

| 3.3 | The new proposed exhaust emission limit values (Euro VI) will see a reduction of 80 % in NOx and 66 % in PM on Euro V levels (required for new type-approvals from 1 October 2008). Authorised emission levels will then be in line with those planned for the same period in the USA. The Regulation also provides for the introduction — once the relevant measuring system has been developed — of a limit on the number of particles that can be emitted. |
| --- | --- |

3.3

The new proposed exhaust emission limit values (Euro VI) will see a reduction of 80 % in NOx and 66 % in PM on Euro V levels (required for new type-approvals from 1 October 2008). Authorised emission levels will then be in line with those planned for the same period in the USA. The Regulation also provides for the introduction — once the relevant measuring system has been developed — of a limit on the number of particles that can be emitted.

| 3.4 | The proposed Regulation lays down limits based on current test cycles, but provides for the introduction of world-wide harmonised cycles (WHDC) once it is possible to correlate the emissions measured from current cycles with those measured from harmonised cycles. |
| --- | --- |

3.4

The proposed Regulation lays down limits based on current test cycles, but provides for the introduction of world-wide harmonised cycles (WHDC) once it is possible to correlate the emissions measured from current cycles with those measured from harmonised cycles.

| 3.5 | In relation to the current legislation in force, the Regulation prolongs the useful life of the vehicle in accordance with the durability of pollution control devices and in-service conformity. |
| --- | --- |

3.5

In relation to the current legislation in force, the Regulation prolongs the useful life of the vehicle in accordance with the durability of pollution control devices and in-service conformity.

| 3.6 | To this end, the definitions of useful life for the various categories of vehicle will be extended as follows:






  a. | 160 000 km or five years, whichever is the sooner, in the case of engines fitted to vehicles of category M1, N1 and M2; |
| --- | --- | --- |

3.6

To this end, the definitions of useful life for the various categories of vehicle will be extended as follows:

a.

160 000 km or five years, whichever is the sooner, in the case of engines fitted to vehicles of category M1, N1 and M2;

| b. | 300 000 km or six years, whichever is the sooner, in the case of engines fitted to vehicles of category N2, N3 with a maximum technically permissible mass not exceeding 16 tonnes and M3 Class I, Class II and Class A, and Class B with a maximum technically permissible mass not exceeding 7,5 tonnes; |
| --- | --- |

b.

300 000 km or six years, whichever is the sooner, in the case of engines fitted to vehicles of category N2, N3 with a maximum technically permissible mass not exceeding 16 tonnes and M3 Class I, Class II and Class A, and Class B with a maximum technically permissible mass not exceeding 7,5 tonnes;

| c. | 700 000 km or seven years, whichever is the sooner, in the case of engines fitted to vehicles of category N3 with a maximum technically permissible mass exceeding 16 tonnes and M3, Class III and Class B with a maximum technically permissible mass exceeding 7,5 tonnes. |
| --- | --- |

c.

700 000 km or seven years, whichever is the sooner, in the case of engines fitted to vehicles of category N3 with a maximum technically permissible mass exceeding 16 tonnes and M3, Class III and Class B with a maximum technically permissible mass exceeding 7,5 tonnes.

| 3.7 | The proposed Regulation provides for a further implementing Regulation to be issued by the Commission, whose provisions would cover:






  — | exhaust emissions, including test cycles, off cycle emissions, particle number, emissions at idling speed, smoke opacity and correct functioning and regeneration of pollution control devices; |
| --- | --- | --- |

3.7

The proposed Regulation provides for a further implementing Regulation to be issued by the Commission, whose provisions would cover:

—

exhaust emissions, including test cycles, off cycle emissions, particle number, emissions at idling speed, smoke opacity and correct functioning and regeneration of pollution control devices;

| — | crankcase emissions; |
| --- | --- |

—

crankcase emissions;

| — | OBD systems and in-service performance of pollution control devices; |
| --- | --- |

—

OBD systems and in-service performance of pollution control devices;

| — | durability of pollution control devices, replacement pollution control devices, conformity of in-service engines and vehicles, conformity of production and roadworthiness; |
| --- | --- |

—

durability of pollution control devices, replacement pollution control devices, conformity of in-service engines and vehicles, conformity of production and roadworthiness;

| — | carbon dioxide emissions and fuel consumption; |
| --- | --- |

—

carbon dioxide emissions and fuel consumption;

| — | granting extension of type-approvals; |
| --- | --- |

—

granting extension of type-approvals;

| — | test equipment; |
| --- | --- |

—

test equipment;

| — | reference fuels; |
| --- | --- |

—

reference fuels;

| — | measurement of engine power; |
| --- | --- |

—

measurement of engine power;

| — | specific measures to ensure the correct operation of NOx control measures; such measures must ensure that vehicles, which need a reagent in order to respect the limit values for NOx emissions, cannot be operated without such reagent. |
| --- | --- |

—

specific measures to ensure the correct operation of NOx control measures; such measures must ensure that vehicles, which need a reagent in order to respect the limit values for NOx emissions, cannot be operated without such reagent.

| 3.8 | The Regulation also stipulates that independent operators shall have unrestricted and standardised access to on-board diagnostic (OBD) information and vehicle repair and maintenance information (3). Referring to the other more detailed Regulation, it also provides for vehicle on-board diagnostic (OBD) information and vehicle repair and maintenance information to be made available through websites in the standardised format developed by a technical committee of stakeholders (the so-called ‘OASIS format’ (4)). |
| --- | --- |

3.8

The Regulation also stipulates that independent operators shall have unrestricted and standardised access to on-board diagnostic (OBD) information and vehicle repair and maintenance information (3). Referring to the other more detailed Regulation, it also provides for vehicle on-board diagnostic (OBD) information and vehicle repair and maintenance information to be made available through websites in the standardised format developed by a technical committee of stakeholders (the so-called ‘OASIS format’ (4)).

| 3.9 | Under the Regulation, the Euro VI standard is to apply from:






  — | 1 April 2013 for new type approvals; and |
| --- | --- | --- |

3.9

Under the Regulation, the Euro VI standard is to apply from:

—

1 April 2013 for new type approvals; and

| — | 1 October 2014 for new registrations. |
| --- | --- |

—

1 October 2014 for new registrations.

4.   General comments

| 4.1 | Over the last decade, despite a considerable increase in the number of vehicles on the roads, air quality has improved. However, the EU as a whole is still some way off solving the problem of air pollution, especially in urban areas and densely populated regions. The EESC therefore welcomes the Commission's proposal to lay down harmonised rules on the construction of motor vehicles with a view to ensuring the functioning of the internal market while at the same time providing for a high level of environmental protection. |
| --- | --- |

4.1

Over the last decade, despite a considerable increase in the number of vehicles on the roads, air quality has improved. However, the EU as a whole is still some way off solving the problem of air pollution, especially in urban areas and densely populated regions. The EESC therefore welcomes the Commission's proposal to lay down harmonised rules on the construction of motor vehicles with a view to ensuring the functioning of the internal market while at the same time providing for a high level of environmental protection.

| 4.2 | Euro IV emission limits for trucks and buses are applicable as from 9 November 2006 and Euro V emission limits will apply from 1 October 2008 for new type-approvals. The EESC thus endorses the proposed dates for the application of the new Regulation. |
| --- | --- |

4.2

Euro IV emission limits for trucks and buses are applicable as from 9 November 2006 and Euro V emission limits will apply from 1 October 2008 for new type-approvals. The EESC thus endorses the proposed dates for the application of the new Regulation.

| 4.3 | As the proposal does not fall under the exclusive competence of the Community, the EESC supports the application of the subsidiarity principle. However, it shares the Commission's view that, rightly mindful of both the need to avoid the emergence of barriers to the single market and of the trans-boundary implications of air pollution, the objectives of the proposal cannot be sufficiently achieved by actions of Member States, but require binding measures agreed at EU level. |
| --- | --- |

4.3

As the proposal does not fall under the exclusive competence of the Community, the EESC supports the application of the subsidiarity principle. However, it shares the Commission's view that, rightly mindful of both the need to avoid the emergence of barriers to the single market and of the trans-boundary implications of air pollution, the objectives of the proposal cannot be sufficiently achieved by actions of Member States, but require binding measures agreed at EU level.

| 4.4 | The EESC also endorses the choice of a regulation as the legal instrument, as this ensures specific implementation methods and deadlines in all the Member States — a particularly important aspect for such highly technical legislation. |
| --- | --- |

4.4

The EESC also endorses the choice of a regulation as the legal instrument, as this ensures specific implementation methods and deadlines in all the Member States — a particularly important aspect for such highly technical legislation.

| 4.5 | The Committee agrees with the points made in paragraphs 5 and 6 of the introduction to the proposed Regulation, that ‘achieving EU air quality objectives requires a continuing effort to reduce vehicle emissions. For that reason, industry should be provided with clear information on future emission limit values’ and that ‘setting limit values for nitrogen oxide emissions at an early stage should provide long-term, Europe-wide planning security for vehicle manufacturers’. |
| --- | --- |

4.5

The Committee agrees with the points made in paragraphs 5 and 6 of the introduction to the proposed Regulation, that ‘achieving EU air quality objectives requires a continuing effort to reduce vehicle emissions. For that reason, industry should be provided with clear information on future emission limit values’ and that ‘setting limit values for nitrogen oxide emissions at an early stage should provide long-term, Europe-wide planning security for vehicle manufacturers’.

| 4.6 | The EESC also concurs with the Commission that in setting emissions standards it is important to take into account the implications for competitiveness of markets and manufacturers, the direct and indirect costs imposed on business and the benefits that accrue in terms of stimulating innovation, improving air quality, reducing health costs and increasing life expectancy. |
| --- | --- |

4.6

The EESC also concurs with the Commission that in setting emissions standards it is important to take into account the implications for competitiveness of markets and manufacturers, the direct and indirect costs imposed on business and the benefits that accrue in terms of stimulating innovation, improving air quality, reducing health costs and increasing life expectancy.

| 4.7 | The EESC fully supports the right of independent operators to have guaranteed access to vehicle repair information. It has considerable misgivings, however, about opting to extend to heavy-duty commercial vehicles the standardised OASIS format, designed for passenger cars. |
| --- | --- |

4.7

The EESC fully supports the right of independent operators to have guaranteed access to vehicle repair information. It has considerable misgivings, however, about opting to extend to heavy-duty commercial vehicles the standardised OASIS format, designed for passenger cars.

| 4.7.1 | Vehicles from very large-scale series production are not covered by the regulation, which applies to commercial vehicles with a reference mass exceeding 2 610 kg. As commercial vehicles are produced in many different versions and varieties, the difficulty and cost of trying to standardise information would outweigh the practical benefits, also bearing in mind the fact that repair firms for heavy-duty commercial vehicles are few in number and specialise to a very high degree in specific makes. Applying the OASIS system to repair firms for heavy-duty commercial vehicles, which are almost all SMEs, would mean imposing on them the considerable financial and organisational burdens of installing and administering the new system. Such burdens would outweigh the benefits envisaged for the user. |
| --- | --- |

4.7.1

Vehicles from very large-scale series production are not covered by the regulation, which applies to commercial vehicles with a reference mass exceeding 2 610 kg. As commercial vehicles are produced in many different versions and varieties, the difficulty and cost of trying to standardise information would outweigh the practical benefits, also bearing in mind the fact that repair firms for heavy-duty commercial vehicles are few in number and specialise to a very high degree in specific makes. Applying the OASIS system to repair firms for heavy-duty commercial vehicles, which are almost all SMEs, would mean imposing on them the considerable financial and organisational burdens of installing and administering the new system. Such burdens would outweigh the benefits envisaged for the user.

| 4.7.2 | In the light of the foregoing, the EESC would therefore propose that the Commission undertake an impact assessment focused on a cost/benefit analysis of the use of OASIS over other possible simpler and cheaper solutions. |
| --- | --- |

4.7.2

In the light of the foregoing, the EESC would therefore propose that the Commission undertake an impact assessment focused on a cost/benefit analysis of the use of OASIS over other possible simpler and cheaper solutions.

| 4.8 | The EESC would again stress the need, previously highlighted in relation to other Commission proposals, to encourage the introduction of alternative fuel vehicles, which can have low nitrogen oxides and particulate emissions. It thus concurs on the need for limit values for hydrocarbons, non-methane hydrocarbons and methane. |
| --- | --- |

4.8

The EESC would again stress the need, previously highlighted in relation to other Commission proposals, to encourage the introduction of alternative fuel vehicles, which can have low nitrogen oxides and particulate emissions. It thus concurs on the need for limit values for hydrocarbons, non-methane hydrocarbons and methane.

| 4.9 | In terms of the test procedure that provides the basis of EC type-approval emissions regulations, the EESC hopes that the Commission adopts world-wide harmonised driving cycles as soon as possible. |
| --- | --- |

4.9

In terms of the test procedure that provides the basis of EC type-approval emissions regulations, the EESC hopes that the Commission adopts world-wide harmonised driving cycles as soon as possible.

| 4.10 | The Regulation also provides for the measurement of fuel consumption and CO2 emissions, and therefore deviates somewhat from its stated objective, which is to reduce atmospheric pollutants. |
| --- | --- |

4.10

The Regulation also provides for the measurement of fuel consumption and CO2 emissions, and therefore deviates somewhat from its stated objective, which is to reduce atmospheric pollutants.

| 4.10.1 | The data used for such measurements would be that obtained from engine tests on dynamometers, which, in reality is not representative of the vehicle as a whole. A vehicle's energy efficiency, as is well known, depends on various aspects, of which the engine is but one important element among others (the transmission, aerodynamics, rolling resistance, auxiliary parts, etc.). The same type of engine can be used in vehicles with very different characteristics and purposes (heavy goods vehicles, construction vehicles, local buses, etc.). |
| --- | --- |

4.10.1

The data used for such measurements would be that obtained from engine tests on dynamometers, which, in reality is not representative of the vehicle as a whole. A vehicle's energy efficiency, as is well known, depends on various aspects, of which the engine is but one important element among others (the transmission, aerodynamics, rolling resistance, auxiliary parts, etc.). The same type of engine can be used in vehicles with very different characteristics and purposes (heavy goods vehicles, construction vehicles, local buses, etc.).

| 4.10.2 | In this context, the Committee would recall that the Commission's intention to include N1 commercial vehicles, set out in its communication on the strategy to reduce CO2 emissions [COM(2007) 19 final], was then abandoned when it came to the proposed Regulation itself [COM(2007) 856 final] — quite rightly, given the specificity of the subject and the inadequacy of the available data. |
| --- | --- |

4.10.2

In this context, the Committee would recall that the Commission's intention to include N1 commercial vehicles, set out in its communication on the strategy to reduce CO2 emissions [COM(2007) 19 final], was then abandoned when it came to the proposed Regulation itself [COM(2007) 856 final] — quite rightly, given the specificity of the subject and the inadequacy of the available data.

| 4.10.3 | The EESC also points out that, as regards commercial vehicles, there is strong market demand for reduced fuel consumption (with similarly reduced CO2 emissions), given that fuel represents the highest operating cost in the transport sector. It is therefore competition that drives vehicle manufacturers to provide the most advanced solutions in terms of fuel consumption and, therefore, CO2 emissions. |
| --- | --- |

4.10.3

The EESC also points out that, as regards commercial vehicles, there is strong market demand for reduced fuel consumption (with similarly reduced CO2 emissions), given that fuel represents the highest operating cost in the transport sector. It is therefore competition that drives vehicle manufacturers to provide the most advanced solutions in terms of fuel consumption and, therefore, CO2 emissions.

| 4.10.4 | As regards measuring CO2 emissions, the EESC would make the important point that if the data on fuel consumption and CO2, measured solely via engine tests, were to be used to determine possible incentives or taxes, this could irrationally distort the market. |
| --- | --- |

4.10.4

As regards measuring CO2 emissions, the EESC would make the important point that if the data on fuel consumption and CO2, measured solely via engine tests, were to be used to determine possible incentives or taxes, this could irrationally distort the market.

| 4.10.5 | In the light of the foregoing, the EESC agrees that there is also a need to legislate on CO2 emissions from heavy-duty vehicles, as soon as possible, but would prefer that this subject be tackled separately, through the drafting of a specific proposal, partly to avoid the risk that an intense debate could delay passing of the Regulation. |
| --- | --- |

4.10.5

In the light of the foregoing, the EESC agrees that there is also a need to legislate on CO2 emissions from heavy-duty vehicles, as soon as possible, but would prefer that this subject be tackled separately, through the drafting of a specific proposal, partly to avoid the risk that an intense debate could delay passing of the Regulation.

| 4.11 | Given market reluctance to purchase cleaner vehicles because of their invariably higher price, the Committee would favour the possibility of introducing financial incentives to their purchase and feels that Member States should accelerate, through various incentive schemes, the placing on the market of vehicles that satisfy the requirements adopted at EU level. |
| --- | --- |

4.11

Given market reluctance to purchase cleaner vehicles because of their invariably higher price, the Committee would favour the possibility of introducing financial incentives to their purchase and feels that Member States should accelerate, through various incentive schemes, the placing on the market of vehicles that satisfy the requirements adopted at EU level.

| 4.12 | The EESC would certainly support the proposal that Member States should lay down rules on penalties applicable to infringements of the provisions of this Regulation and that those penalties should be effective, proportionate and dissuasive. |
| --- | --- |

4.12

The EESC would certainly support the proposal that Member States should lay down rules on penalties applicable to infringements of the provisions of this Regulation and that those penalties should be effective, proportionate and dissuasive.

| 4.13 | The Committee believes that the dates of implementation proposed by the Commission (1 April 2013 for new type-approvals and 1 October 2014 for new registrations) are appropriate. Indeed, five years of stability between one emissions level and the next is sufficient to allow the industry to obtain the economic return on the investment made to bring to market the new solutions. |
| --- | --- |

4.13

The Committee believes that the dates of implementation proposed by the Commission (1 April 2013 for new type-approvals and 1 October 2014 for new registrations) are appropriate. Indeed, five years of stability between one emissions level and the next is sufficient to allow the industry to obtain the economic return on the investment made to bring to market the new solutions.

| 4.14 | The EESC endorses the Commission's proposal not to apply the new Regulation, if a manufacturer so requests, to vehicles of categories M1, M2, N1 and N2 with a reference mass not exceeding 2 840 kg that are type-approved under Regulation (EC) No 715/2007. In other words, the EESC supports the fact that for borderline vehicles in terms of tonnage, a certain degree of type-approval flexibility is allowed to enable a more efficient response to the various requests of customers, inter alia in relation to the trade off between fuel consumption, mileage and pollutant emissions. |
| --- | --- |

4.14

The EESC endorses the Commission's proposal not to apply the new Regulation, if a manufacturer so requests, to vehicles of categories M1, M2, N1 and N2 with a reference mass not exceeding 2 840 kg that are type-approved under Regulation (EC) No 715/2007. In other words, the EESC supports the fact that for borderline vehicles in terms of tonnage, a certain degree of type-approval flexibility is allowed to enable a more efficient response to the various requests of customers, inter alia in relation to the trade off between fuel consumption, mileage and pollutant emissions.

5.   Specific comments

| 5.1 | The EESC agrees with the proposed emission limits, which are those of scenario A (5) considered by the Commission and favoured by the majority of stakeholders involved in the consultation process. |
| --- | --- |

5.1

The EESC agrees with the proposed emission limits, which are those of scenario A (5) considered by the Commission and favoured by the majority of stakeholders involved in the consultation process.

| 5.2 | However, the Committee feels it must once again raise the issue of the inverse relation between NOx and CO2 emissions. Since reducing emissions of both is an important environmental objective, it is vital to counterbalance NOx limits in such as way as to prevent any knock-on rise in CO2 emissions. In effect, the expected reduction in NOx will result in a 2-3 % increase in CO2.emissions. The Commission, referring to a study carried out in the USA in 2001, maintains that by the time the regulation is implemented the currently anticipated increase will rather have been offset by advances in engine technology. The EESC nevertheless suggests updating this study in order to obtain more reliable data on the effects of the proposed NOx limit on fuel consumption and on consequent CO2 emissions. |
| --- | --- |

5.2

However, the Committee feels it must once again raise the issue of the inverse relation between NOx and CO2 emissions. Since reducing emissions of both is an important environmental objective, it is vital to counterbalance NOx limits in such as way as to prevent any knock-on rise in CO2 emissions. In effect, the expected reduction in NOx will result in a 2-3 % increase in CO2.emissions. The Commission, referring to a study carried out in the USA in 2001, maintains that by the time the regulation is implemented the currently anticipated increase will rather have been offset by advances in engine technology. The EESC nevertheless suggests updating this study in order to obtain more reliable data on the effects of the proposed NOx limit on fuel consumption and on consequent CO2 emissions.

| 5.3 | As already stated, the EESC welcomes the parallel split-level approach, which limits the co-decision procedure to the elements of greater political relevance and delegates to comitology the implementing measures and technical details. |
| --- | --- |

5.3

As already stated, the EESC welcomes the parallel split-level approach, which limits the co-decision procedure to the elements of greater political relevance and delegates to comitology the implementing measures and technical details.

| 5.4 | However, it should be noted that many of the measures entrusted to the regulatory committee (OBD, particle numbers, schemes to persuade drivers where a reagent is required, etc.) are highly complex and have huge implications for vehicle technology. The Committee therefore recommends that all these aspects be implemented in a single phase together with the Euro VI limits, and that, just as pertains to this Regulation under review, an adequate lead time is ensured between its entry into force and implementation in order to allow the industry sufficient time to carry out the necessary development. |
| --- | --- |

5.4

However, it should be noted that many of the measures entrusted to the regulatory committee (OBD, particle numbers, schemes to persuade drivers where a reagent is required, etc.) are highly complex and have huge implications for vehicle technology. The Committee therefore recommends that all these aspects be implemented in a single phase together with the Euro VI limits, and that, just as pertains to this Regulation under review, an adequate lead time is ensured between its entry into force and implementation in order to allow the industry sufficient time to carry out the necessary development.

Brussels, 22 April 2008.

The President

of the European Economic and Social Committee

Dimitris DIMITRIADIS

---

(1)  CAFÉ: Clean air for Europe. This programme was launched by communication COM(2001) 245. Its aims are to develop a strategy for assessing directives on air quality and the effectiveness of programmes running in the Member States; ensure ongoing monitoring of air quality; promote the dissemination of public information; and contribute to the revision and updating of emission limits and the development of new monitoring and modelling systems.

1

(2)  Category N vehicles are goods vehicles with at least four wheels. They are divided into three classes: N1, N2 and N3, on the basis of maximum weight: N1 <3 500 kg; N2 <12 000 kg; N3 >12 000 kg. The N1 class is also subdivided into 3 subclasses: NI, NII and NIII, also on the basis of weight. Category M covers passenger vehicles with at least four wheels. They are divided into three classes (M1, M2, M3) based on the number of seats and their maximum weight: M1 < 9 seats; M2 > 9 seats and < 5 000 kg; M3 > 9 seats and > 5 000 kg.

2

1

2

3

1

2

3

1

1

2

3

1

2

3

(3)  ‘Vehicle repair and maintenance information’ means all information required for diagnosis, servicing, inspection, periodic monitoring, repair, re-programming or re-initialising of the vehicle and which the manufacturers provide for their authorised dealers and repairers, including all subsequent amendments and supplements to such information. This information includes all information required for fitting parts or equipment on to vehicles.

3

(4)  OASIS — Organisation for the Advancement of Structured Information Standards.

4

(5)  Impact assessment, point 6.2.2: Euro VI emission limit value sub-options.

5

Euro VI emission limit value sub-options

---

| 19.8.2008 | EN | Official Journal of the European Union | C 211/17 |
| --- | --- | --- | --- |

19.8.2008

EN

Official Journal of the European Union

C 211/17

---

Opinion of the European Economic and Social Committee on the ‘Proposal for a Directive of the European Parliament and of the Council on roll-over protection structures of wheeled agricultural or forestry tractors (static testing)’ (Codified version)

COM(2008) 25 final — 2008/0008 (COD)

(2008/C 211/04)

On 7 March 2008 the Council of the European Union decided to consult the European Economic and Social Committee, under Article 95 of the Treaty establishing the European Community, on the

Proposal for a Directive of the European Parliament and of the Council on roll-over protection structures of wheeled agricultural or forestry tractors (static testing) (Codified version).

Since the Committee unreservedly endorses the content of the proposal and feels that it requires no comment on its part, it decided, at its 444th plenary session of 22 and 23 April 2008 (meeting of 22 April), by 143 votes and 6 abstentions, to issue an opinion endorsing the proposed text.

Brussels, 22 April 2008

The President

of the European Economic and Social Committee

Dimitris DIMITRIADIS

---

| 19.8.2008 | EN | Official Journal of the European Union | C 211/17 |
| --- | --- | --- | --- |

19.8.2008

EN

Official Journal of the European Union

C 211/17

---

Opinion of the European Economic and Social Committee on ‘Towards a common energy policy’

(2008/C 211/05)

On 27 September 2007, the European Economic and Social Committee decided to draw up an opinion, under Rule 29(2) of its Rules of Procedure, on

Towards a common energy policy.

The Section for Transport, Energy, Infrastructure and the Information Society, which was responsible for preparing the Committee's work on the subject, adopted its opinion on 4 April 2008. The rapporteur was Mr Buffetaut.

At its 444th plenary session, held on 22 and 23 April 2008 (meeting of 23 April), the European Economic and Social Committee adopted the following opinion by 173 votes, with 13 abstentions.

1.   Conclusions and recommendations

| 1.1 | The question of energy supply, the diversification of energy sources and the development of renewable energy sources is fundamental to the future of Europe, the global equilibrium and combating climate change. |
| --- | --- |

1.1

The question of energy supply, the diversification of energy sources and the development of renewable energy sources is fundamental to the future of Europe, the global equilibrium and combating climate change.

| 1.2 | The EESC believes that the European Union provides an appropriate platform for bringing pressure to bear in the worldwide confrontation arising from the race to secure energy resources and tackle climate change, since it is large enough to have a strong political influence in international negotiations. |
| --- | --- |

1.2

The EESC believes that the European Union provides an appropriate platform for bringing pressure to bear in the worldwide confrontation arising from the race to secure energy resources and tackle climate change, since it is large enough to have a strong political influence in international negotiations.

| 1.3 | It is pleased to note that Title XX on energy has been incorporated into the draft Lisbon Treaty, since this will reinforce the legal basis for the European Union's activities in this area. |
| --- | --- |

1.3

It is pleased to note that Title XX on energy has been incorporated into the draft Lisbon Treaty, since this will reinforce the legal basis for the European Union's activities in this area.

| 1.4 | The EESC emphasises the crucial importance of research and development in the field of sustainable energy and a sustainable environment, and of the proper allocation of resources. Good judgement is imperative when studying the promotion of energies and energy-saving and emission-reduction technologies that are not expected to achieve economic balance, in order to avoid wasting public funds subsidising technologies which have no future. Resources for research should be channelled instead towards technologies deemed by the scientific community to have a promising future, such as technology for minimising or capturing greenhouse gas emissions, energy efficiency, clean coal, vehicle propulsion using electricity or other alternative means, fuel cells, solar energy, reclaiming energy from waste, nuclear fusion and nuclear waste disposal. |
| --- | --- |

1.4

The EESC emphasises the crucial importance of research and development in the field of sustainable energy and a sustainable environment, and of the proper allocation of resources. Good judgement is imperative when studying the promotion of energies and energy-saving and emission-reduction technologies that are not expected to achieve economic balance, in order to avoid wasting public funds subsidising technologies which have no future. Resources for research should be channelled instead towards technologies deemed by the scientific community to have a promising future, such as technology for minimising or capturing greenhouse gas emissions, energy efficiency, clean coal, vehicle propulsion using electricity or other alternative means, fuel cells, solar energy, reclaiming energy from waste, nuclear fusion and nuclear waste disposal.

| 1.5 | It also highlights the importance of energy efficiency of equipment and buildings. |
| --- | --- |

1.5

It also highlights the importance of energy efficiency of equipment and buildings.

| 1.6 | It believes that a genuine purchasing policy should be introduced at European level in order to cope with the pressure exerted by producers who are often highly organised, and recommends that policies and positions on energy be coordinated at EU level within international bodies such as the WTO, UN, NATO and OECD. |
| --- | --- |

1.6

It believes that a genuine purchasing policy should be introduced at European level in order to cope with the pressure exerted by producers who are often highly organised, and recommends that policies and positions on energy be coordinated at EU level within international bodies such as the WTO, UN, NATO and OECD.

| 1.7 | It stresses the importance of diversifying supply sources and recommends that a constructive attitude tempered with caution be adopted as regards partnerships with Russia and the Caucasian and Central Asian republics. |
| --- | --- |

1.7

It stresses the importance of diversifying supply sources and recommends that a constructive attitude tempered with caution be adopted as regards partnerships with Russia and the Caucasian and Central Asian republics.

| 1.8 | It insists that it would be appropriate to examine the possibility of reviving nuclear energy programmes in countries where there is a consensus on this point and stepping up research into the reprocessing of waste material. It also encourages the development of research into nuclear fusion under Euratom's Seventh Framework Programme for Research and ITER. |
| --- | --- |

1.8

It insists that it would be appropriate to examine the possibility of reviving nuclear energy programmes in countries where there is a consensus on this point and stepping up research into the reprocessing of waste material. It also encourages the development of research into nuclear fusion under Euratom's Seventh Framework Programme for Research and ITER.

| 1.9 | It believes that there is a need for greater cooperation and coordination in energy policy and in representation and action in international bodies, that the neighbourhood policy should be taken further as regards energy and that thought must be given to introducing a common energy policy in due course, possibly based on its own institutions. It believes that the surge in commercial interest in renewable energy throughout the EU reflects people's interest in this field. This situation coincides with the new common energy policy laid down in the draft Treaty of Lisbon and could be the strategic opportunity for it to be accepted and developed. |
| --- | --- |

1.9

It believes that there is a need for greater cooperation and coordination in energy policy and in representation and action in international bodies, that the neighbourhood policy should be taken further as regards energy and that thought must be given to introducing a common energy policy in due course, possibly based on its own institutions. It believes that the surge in commercial interest in renewable energy throughout the EU reflects people's interest in this field. This situation coincides with the new common energy policy laid down in the draft Treaty of Lisbon and could be the strategic opportunity for it to be accepted and developed.

2.   Introduction: the reasons for a European energy policy

2.1   A difficult geostrategic situation

| 2.1.1 | The International Energy Agency anticipates a 55 % increase in global energy demand by 2030. |
| --- | --- |

2.1.1

The International Energy Agency anticipates a 55 % increase in global energy demand by 2030.

| 2.1.2 | The European Union is largely dependent for solid fossil fuels, petroleum products and natural gas and this dependency is set to increase in coming years. The EU is 80 % dependent for fossil fuels, and its energy imports are expected to rise from 50 % to 70 % by 2030. |
| --- | --- |

2.1.2

The European Union is largely dependent for solid fossil fuels, petroleum products and natural gas and this dependency is set to increase in coming years. The EU is 80 % dependent for fossil fuels, and its energy imports are expected to rise from 50 % to 70 % by 2030.

| 2.1.3 | Exhaustion of known oil reserves is to be expected from 2050, while other resources which are not currently exploited will become economically exploitable in the future owing to growing demand and technical progress. |
| --- | --- |

2.1.3

Exhaustion of known oil reserves is to be expected from 2050, while other resources which are not currently exploited will become economically exploitable in the future owing to growing demand and technical progress.

| 2.1.4 | The transition to other forms of energy is inevitable but will be difficult. The world has, however, already experienced similar changes before, particularly in the 19th century when fossil fuels from biomass (primarily wood) gave way to coal, then oil. However, our methods of harnessing renewable energy are not yet sufficient to cause a shift comparable to that experienced in the 19th century. |
| --- | --- |

2.1.4

The transition to other forms of energy is inevitable but will be difficult. The world has, however, already experienced similar changes before, particularly in the 19th century when fossil fuels from biomass (primarily wood) gave way to coal, then oil. However, our methods of harnessing renewable energy are not yet sufficient to cause a shift comparable to that experienced in the 19th century.

| 2.1.5 | The difficulties are due to a number of factors: energy density, the land surface needed to produce biofuels (at the expense of other, mainly agricultural, activities), the intermittent and unpredictable nature of the inputs (wind, solar energy, tides) which requires thorough planning for storage capacities and the geographical distribution of renewable energy sources. As regards nuclear energy, even if we were to launch a very ambitious policy of rehabilitating old and building new power plants, the global nuclear industry would still not be able to satisfy demand. |
| --- | --- |

2.1.5

The difficulties are due to a number of factors: energy density, the land surface needed to produce biofuels (at the expense of other, mainly agricultural, activities), the intermittent and unpredictable nature of the inputs (wind, solar energy, tides) which requires thorough planning for storage capacities and the geographical distribution of renewable energy sources. As regards nuclear energy, even if we were to launch a very ambitious policy of rehabilitating old and building new power plants, the global nuclear industry would still not be able to satisfy demand.

| 2.1.6 | Europe is characterised by major energy dependency. It currently imports 50 % of its energy requirements and this dependency is set to reach 70 % by 2030. Europe would thus be 90 % dependent for oil and 70 % dependent for gas! |
| --- | --- |

2.1.6

Europe is characterised by major energy dependency. It currently imports 50 % of its energy requirements and this dependency is set to reach 70 % by 2030. Europe would thus be 90 % dependent for oil and 70 % dependent for gas!

| 2.1.7 | In March 2006, the European Council produced a disturbing report, which highlighted:






  — | the difficult situation of the gas and oil markets, |
| --- | --- | --- |

2.1.7

In March 2006, the European Council produced a disturbing report, which highlighted:

—

the difficult situation of the gas and oil markets,

| — | the growing dependency of the European Union, |
| --- | --- |

—

the growing dependency of the European Union,

| — | high and volatile energy prices, which have increased still further since then, |
| --- | --- |

—

high and volatile energy prices, which have increased still further since then,

| — | the growing global demand for energy, |
| --- | --- |

—

the growing global demand for energy,

| — | risks to security of supply, |
| --- | --- |

—

risks to security of supply,

| — | threats connected to climate change, |
| --- | --- |

—

threats connected to climate change,

| — | slow progress in energy efficiency and the use of renewable energy, |
| --- | --- |

—

slow progress in energy efficiency and the use of renewable energy,

| — | the need to increase transparency in the energy markets and to pursue the integration and interconnection of national energy markets in the context of the liberalisation of the energy market, |
| --- | --- |

—

the need to increase transparency in the energy markets and to pursue the integration and interconnection of national energy markets in the context of the liberalisation of the energy market,

| — | limited coordination between energy players although large investments are needed in energy infrastructure. |
| --- | --- |

—

limited coordination between energy players although large investments are needed in energy infrastructure.

This disturbing report has inspired the proposals set out in the new energy package which is to some extent a response to the challenges which must be met.

| 2.1.8 | European leaders must therefore deal with two problems: dwindling traditional primary resources and the problematic geographical situation of those resources, most of which are in politically unstable countries which could use their resources to bring pressure to bear on dependent countries, as has already occurred. |
| --- | --- |

2.1.8

European leaders must therefore deal with two problems: dwindling traditional primary resources and the problematic geographical situation of those resources, most of which are in politically unstable countries which could use their resources to bring pressure to bear on dependent countries, as has already occurred.

2.2   The European Union: a suitable framework?

| 2.2.1 | Every Member State of the European Union is affected, but evidence suggests that fragmented individual action is a handicap when confronting producers who are often organised. |
| --- | --- |

2.2.1

Every Member State of the European Union is affected, but evidence suggests that fragmented individual action is a handicap when confronting producers who are often organised.

| 2.2.2 | It is therefore in the Member States' interests to act together and use the European Union as a lever to frame a common energy policy based on and with the objective of better management of consumption and diversification of the sources of supply. |
| --- | --- |

2.2.2

It is therefore in the Member States' interests to act together and use the European Union as a lever to frame a common energy policy based on and with the objective of better management of consumption and diversification of the sources of supply.

| 2.2.3 | The European Union has both the appropriate scale and institutional instruments. It is capable of developing trans-national policies, coordinating national policies, bringing about greater consistency at European level as regards energy and finally, developing an energy policy in respect of third countries. |
| --- | --- |

2.2.3

The European Union has both the appropriate scale and institutional instruments. It is capable of developing trans-national policies, coordinating national policies, bringing about greater consistency at European level as regards energy and finally, developing an energy policy in respect of third countries.

| 2.2.4 | Finally, let us add that after the rejection of the Draft Treaty establishing a Constitution for Europe and in line with the Treaty of Lisbon, a European energy policy might be a uniting factor and provide proof of the practical usefulness of the European Union. |
| --- | --- |

2.2.4

Finally, let us add that after the rejection of the Draft Treaty establishing a Constitution for Europe and in line with the Treaty of Lisbon, a European energy policy might be a uniting factor and provide proof of the practical usefulness of the European Union.

2.3   A legal framework which must evolve

| 2.3.1 | The European Union currently has no powers in the field of energy. Conferring such a power on the Union is one of the major innovations of the draft Lisbon Treaty. |
| --- | --- |

2.3.1

The European Union currently has no powers in the field of energy. Conferring such a power on the Union is one of the major innovations of the draft Lisbon Treaty.

| 2.3.2 | It is true that when the European Economic Community was set up, Euratom and the ECSC dealt with many of the energy issues of the day. |
| --- | --- |

2.3.2

It is true that when the European Economic Community was set up, Euratom and the ECSC dealt with many of the energy issues of the day.

| 2.3.3 | Does this mean however that the European Union has abstained from any action in the field of energy? |
| --- | --- |

2.3.3

Does this mean however that the European Union has abstained from any action in the field of energy?

| 2.3.4 | Certainly not: under Article 308 of the EC Treaty it has developed a real energy policy, while under Article 154 it has developed a policy on trans-European energy networks (see Decision No 1364/2006/EC). Finally, internal market and competition rules have of course been applied to the energy market (Directive 2003/55/EC on the opening-up of the market in gas, Directive 2003/54/EC on electricity, Directive 90/377/EEC amended by Directive 93/87/ECC on the transparency of gas and electricity prices). The initial effects of this opening-up of the markets and the end of public monopolies have occasionally given rise to concerns regarding energy prices, but in fact, the price rises which have been noted are primarily the result of the rising global demand for limited and sometimes dwindling resources. |
| --- | --- |

2.3.4

Certainly not: under Article 308 of the EC Treaty it has developed a real energy policy, while under Article 154 it has developed a policy on trans-European energy networks (see Decision No 1364/2006/EC). Finally, internal market and competition rules have of course been applied to the energy market (Directive 2003/55/EC on the opening-up of the market in gas, Directive 2003/54/EC on electricity, Directive 90/377/EEC amended by Directive 93/87/ECC on the transparency of gas and electricity prices). The initial effects of this opening-up of the markets and the end of public monopolies have occasionally given rise to concerns regarding energy prices, but in fact, the price rises which have been noted are primarily the result of the rising global demand for limited and sometimes dwindling resources.

| 2.3.5 | To this should be added Commission documents which are not strictly speaking legislative proposals but rather ‘soft law’: the Green Paper on a European strategy for the security of energy supply (28 November 2000), the Communication on Towards a European strategy for the security of energy supply (26 June 2002), the Green Paper on Energy efficiency or doing more with less (22 June 2005), the action plan for the period 2007-2012 (19 October 2006) and the Communication on the Global Energy Efficiency and Renewable Energy Fund (6 October 2006). |
| --- | --- |

2.3.5

To this should be added Commission documents which are not strictly speaking legislative proposals but rather ‘soft law’: the Green Paper on a European strategy for the security of energy supply (28 November 2000), the Communication on Towards a European strategy for the security of energy supply (26 June 2002), the Green Paper on Energy efficiency or doing more with less (22 June 2005), the action plan for the period 2007-2012 (19 October 2006) and the Communication on the Global Energy Efficiency and Renewable Energy Fund (6 October 2006).

| 2.3.6 | Therefore, the European Union has examined energy-related issues in considerable depth but its action has rested on a rather uncertain legal basis, i.e. Article 308 EC, the ‘flexibility clause’, which states that: ‘If action by the Community should prove necessary to attain, in the course of the operation of the common market, one of the objectives of the Community, and this Treaty has not provided the necessary powers, the Council shall, acting unanimously on a proposal from the Commission and after consulting the European Parliament, take the appropriate measures’. It has also approached the issue indirectly, through the use of internal market, competition and environment rules. The process was, at least in appearance, more technical and legal than political. |
| --- | --- |

2.3.6

Therefore, the European Union has examined energy-related issues in considerable depth but its action has rested on a rather uncertain legal basis, i.e. Article 308 EC, the ‘flexibility clause’, which states that: ‘If action by the Community should prove necessary to attain, in the course of the operation of the common market, one of the objectives of the Community, and this Treaty has not provided the necessary powers, the Council shall, acting unanimously on a proposal from the Commission and after consulting the European Parliament, take the appropriate measures’. It has also approached the issue indirectly, through the use of internal market, competition and environment rules. The process was, at least in appearance, more technical and legal than political.

| 2.3.7 | This is precisely why, in view of the pre-eminence of energy in the day-to-day life of Europe's people and in the economic activity and stability of the world, the draft Lisbon Treaty includes Article 176 on energy, which defines the Union's objectives in the field of energy ‘with regard for the need to preserve and improve the environment’ and ‘in a spirit of solidarity between Member States’. |
| --- | --- |

2.3.7

This is precisely why, in view of the pre-eminence of energy in the day-to-day life of Europe's people and in the economic activity and stability of the world, the draft Lisbon Treaty includes Article 176 on energy, which defines the Union's objectives in the field of energy ‘with regard for the need to preserve and improve the environment’ and ‘in a spirit of solidarity between Member States’.

| 2.3.8 | As stated in the future treaty, the European energy policy will aim to:






  — | ensure the functioning of the energy market, |
| --- | --- | --- |

2.3.8

As stated in the future treaty, the European energy policy will aim to:

—

ensure the functioning of the energy market,

| — | ensure security of energy supply, |
| --- | --- |

—

ensure security of energy supply,

| — | promote energy efficiency and energy saving and the development of new and renewable forms of energy, |
| --- | --- |

—

promote energy efficiency and energy saving and the development of new and renewable forms of energy,

| — | promote the interconnection of energy networks. |
| --- | --- |

—

promote the interconnection of energy networks.

| 2.3.9 | This policy will fall under shared competence where the rule should be qualified majority, except for taxation which will still require unanimity. However, the second subparagraph of Article 176 A(2) stipulates that ‘a Member State's right to determine the conditions for exploiting its energy resources, its choice between different energy sources and the general structure of its energy supply’ is not affected by the measures taken to achieve the objectives identified by the first paragraph of this new article. |
| --- | --- |

2.3.9

This policy will fall under shared competence where the rule should be qualified majority, except for taxation which will still require unanimity. However, the second subparagraph of Article 176 A(2) stipulates that ‘a Member State's right to determine the conditions for exploiting its energy resources, its choice between different energy sources and the general structure of its energy supply’ is not affected by the measures taken to achieve the objectives identified by the first paragraph of this new article.

| 2.3.10 | The European Union will therefore have competence, the primary, crucial instrument for taking stronger and more concrete action. Will this instrument be enough or must we take further institutional action? But even before designing this instrument, we must frame policies which can evolve under the combined influence of external constraints and the development of services and technology. |
| --- | --- |

2.3.10

The European Union will therefore have competence, the primary, crucial instrument for taking stronger and more concrete action. Will this instrument be enough or must we take further institutional action? But even before designing this instrument, we must frame policies which can evolve under the combined influence of external constraints and the development of services and technology.

3.   Which policies?

| 3.1 | European energy policies have so far been subject to economic demands and/or the demands of sustainable development: the determination to liberalise the energy market by means of directives and the policy on network industries, the policy to support energy efficiency, the policy to promote and develop renewable energy, combating CO2 emissions, etc. |
| --- | --- |

3.1

European energy policies have so far been subject to economic demands and/or the demands of sustainable development: the determination to liberalise the energy market by means of directives and the policy on network industries, the policy to support energy efficiency, the policy to promote and develop renewable energy, combating CO2 emissions, etc.

| 3.2 | In a way, since the European Union does not have powers in the field of energy, it has approached the issue rather indirectly, using internal market, competition and environment rules. Its action was, at least in appearance, more technical and legal than political. |
| --- | --- |

3.2

In a way, since the European Union does not have powers in the field of energy, it has approached the issue rather indirectly, using internal market, competition and environment rules. Its action was, at least in appearance, more technical and legal than political.

| 3.3 | This has not prevented it from being highly active in enacting legislation and setting out guidelines for the energy sector. The Union has in fact recently (19 September 2007) issued a series of legislative proposals amending the current texts (amendment to the Regulation on conditions for access to the network for cross-border exchanges in electricity, the Regulation establishing an Agency for the Coordination of Energy Regulators, amendment to the Regulation on conditions for access to the network for cross-border exchanges in natural gas, amendment to the directives on common rules for the internal market in gas and electricity). |
| --- | --- |

3.3

This has not prevented it from being highly active in enacting legislation and setting out guidelines for the energy sector. The Union has in fact recently (19 September 2007) issued a series of legislative proposals amending the current texts (amendment to the Regulation on conditions for access to the network for cross-border exchanges in electricity, the Regulation establishing an Agency for the Coordination of Energy Regulators, amendment to the Regulation on conditions for access to the network for cross-border exchanges in natural gas, amendment to the directives on common rules for the internal market in gas and electricity).

| 3.4 | If the Lisbon Treaty is ratified as it stands, the Union will be able to deal with this major area of policy with greater clarity and directness. However, legal competence does not in itself remove all the political, economic and social difficulties. It is well known that there is considerable disparity between national policy choices, particularly as regards nuclear energy. Since the informal European summit held at Hampton Court, the European Council has mapped out the foundations for a genuine European energy policy, reflected in the new energy package prepared by DG Energy and DG Environment. |
| --- | --- |

3.4

If the Lisbon Treaty is ratified as it stands, the Union will be able to deal with this major area of policy with greater clarity and directness. However, legal competence does not in itself remove all the political, economic and social difficulties. It is well known that there is considerable disparity between national policy choices, particularly as regards nuclear energy. Since the informal European summit held at Hampton Court, the European Council has mapped out the foundations for a genuine European energy policy, reflected in the new energy package prepared by DG Energy and DG Environment.

| 3.5 | As we have seen, the European Union wanted at first to use market mechanisms, with the aim of setting up a competitive market which would supposedly be more efficient and thus, thanks to the trans-European energy networks, achieve an interconnected market. |
| --- | --- |

3.5

As we have seen, the European Union wanted at first to use market mechanisms, with the aim of setting up a competitive market which would supposedly be more efficient and thus, thanks to the trans-European energy networks, achieve an interconnected market.

| 3.6 | It also wanted to promote energy efficiency, particularly in the most energy-intensive sectors: heating and air conditioning of buildings, manufacturing and transport. |
| --- | --- |

3.6

It also wanted to promote energy efficiency, particularly in the most energy-intensive sectors: heating and air conditioning of buildings, manufacturing and transport.

| 3.7 | The ambitious target of the action plan for the period 2007-2012 (October 2006) is to save 20 % of the annual consumption of energy by 2020, that is to say a saving of approximately 1,5 % of energy intensity each year until 2020. |
| --- | --- |

3.7

The ambitious target of the action plan for the period 2007-2012 (October 2006) is to save 20 % of the annual consumption of energy by 2020, that is to say a saving of approximately 1,5 % of energy intensity each year until 2020.

| 3.8 | The Union has also placed great emphasis on the need to develop renewable energy. The Union's target in this respect is also very ambitious: 20 % of total energy consumption by 2020, plus a proposed mandatory minimum objective of 10 % for biofuels (Renewable Energy Road Map of 10 January 2007). |
| --- | --- |

3.8

The Union has also placed great emphasis on the need to develop renewable energy. The Union's target in this respect is also very ambitious: 20 % of total energy consumption by 2020, plus a proposed mandatory minimum objective of 10 % for biofuels (Renewable Energy Road Map of 10 January 2007).

| 3.9 | However, these sources have so far had many disadvantages compared to fossil fuels: lower energy density, land usage (photovoltaic fields, for example), intermittency of production and of course the cost of the technologies concerned. So although the relative cost disadvantages are steadily diminishing this means that the move towards these technologies is likely to be gradual and lengthy unless given significantly more political and financial support, and that all new energy sources require in-depth impact assessments (see OECD Observer, December 2006, No 258/259: ‘21st century energy: Some sobering thoughts’ by Vaclav Smil). |
| --- | --- |

3.9

However, these sources have so far had many disadvantages compared to fossil fuels: lower energy density, land usage (photovoltaic fields, for example), intermittency of production and of course the cost of the technologies concerned. So although the relative cost disadvantages are steadily diminishing this means that the move towards these technologies is likely to be gradual and lengthy unless given significantly more political and financial support, and that all new energy sources require in-depth impact assessments (see OECD Observer, December 2006, No 258/259: ‘21st century energy: Some sobering thoughts’ by Vaclav Smil).

| 3.10 | In the case of energy for transport, the Commission has focused on the promotion of biofuels and on fuel cells and hydrogen. The scale of expansion envisaged for biofuels however raises certain problems. Fuel cells are highly efficient energy converters which can significantly reduce the emission of greenhouse gases and pollutants. However, these technologies are unlikely to become commercially viable in the near future. |
| --- | --- |

3.10

In the case of energy for transport, the Commission has focused on the promotion of biofuels and on fuel cells and hydrogen. The scale of expansion envisaged for biofuels however raises certain problems. Fuel cells are highly efficient energy converters which can significantly reduce the emission of greenhouse gases and pollutants. However, these technologies are unlikely to become commercially viable in the near future.

| 3.11 | Therefore, in line with the seventh framework programme for research and a joint technical initiative to set up public-private partnerships, the Commission has issued a draft regulation setting up the fuel cells and hydrogen joint undertaking (COM(2007) 571 final). This proposal is intended to launch a programme of research, technological development and demonstration in the field of fuel cells and hydrogen. |
| --- | --- |

3.11

Therefore, in line with the seventh framework programme for research and a joint technical initiative to set up public-private partnerships, the Commission has issued a draft regulation setting up the fuel cells and hydrogen joint undertaking (COM(2007) 571 final). This proposal is intended to launch a programme of research, technological development and demonstration in the field of fuel cells and hydrogen.

| 3.12 | In order to promote the development of hydrogen powered vehicles, the Commission has also issued a draft regulation on type-approval of these vehicles (COM(2007) 593 final) to ensure that standards do not vary from one Member State to another, which could only hinder the spread of this technology. |
| --- | --- |

3.12

In order to promote the development of hydrogen powered vehicles, the Commission has also issued a draft regulation on type-approval of these vehicles (COM(2007) 593 final) to ensure that standards do not vary from one Member State to another, which could only hinder the spread of this technology.

4.   These guidelines are necessary, but are they enough?

| 4.1 | The demand for fossil fuels will continue to be both strong and critical. Consequently, discussion cannot overlook this unavoidable fact and care must be taken to remain realistic as regards renewable energy. |
| --- | --- |

4.1

The demand for fossil fuels will continue to be both strong and critical. Consequently, discussion cannot overlook this unavoidable fact and care must be taken to remain realistic as regards renewable energy.

| 4.2 | In this respect, the EU Member States must implement a concerted policy as regards countries which produce fossil fuels in the ‘spirit of solidarity’ urged by the Lisbon Treaty. A purchasing policy would also be extremely useful but is primarily a matter for multinational companies in the oil sector. |
| --- | --- |

4.2

In this respect, the EU Member States must implement a concerted policy as regards countries which produce fossil fuels in the ‘spirit of solidarity’ urged by the Lisbon Treaty. A purchasing policy would also be extremely useful but is primarily a matter for multinational companies in the oil sector.

| 4.3 | The oil market is officially organised by OPEC. Under these conditions, the 27 Member States would clearly have greater weight as a group than if they operated individually, particularly since they are among the most highly developed of the industrialised countries and are therefore major energy consumers. It must not be forgotten that the EU represents an integrated market of almost half a billion consumers. |
| --- | --- |

4.3

The oil market is officially organised by OPEC. Under these conditions, the 27 Member States would clearly have greater weight as a group than if they operated individually, particularly since they are among the most highly developed of the industrialised countries and are therefore major energy consumers. It must not be forgotten that the EU represents an integrated market of almost half a billion consumers.

| 4.4 | A purchasing bloc of this nature would have strong political influence when dealing with the cartel of oil producers; the situation regarding gas is different as there are no cartels in the gas industry. |
| --- | --- |

4.4

A purchasing bloc of this nature would have strong political influence when dealing with the cartel of oil producers; the situation regarding gas is different as there are no cartels in the gas industry.

| 4.5 | Diversification is an imperative for security of supply. In this respect, relations with Russia, a major European nation, are at least as important as those with OPEC. Similarly, thought should be given to establishing a supply policy with the Caucasian and Central Asian republics. |
| --- | --- |

4.5

Diversification is an imperative for security of supply. In this respect, relations with Russia, a major European nation, are at least as important as those with OPEC. Similarly, thought should be given to establishing a supply policy with the Caucasian and Central Asian republics.

| 4.6 | In the case of fossil fuels, efforts should be directed towards establishing alternative sectors, particularly coal-based. ‘Clean coal’ research is making considerable progress, and will need to be accelerated if a new expansion of coal use is not to exacerbate global warming. A major European R&D plan in this field should be developed, particularly since Europe still has large coal reserves and this resource is conspicuously cheaper than oil on the world market. However, methods of mining coal continue to be a highly sensitive issue; the difficult and sometimes dangerous conditions in mines are well known. Working conditions and health and safety at work in this sector must therefore be considered with particular care. |
| --- | --- |

4.6

In the case of fossil fuels, efforts should be directed towards establishing alternative sectors, particularly coal-based. ‘Clean coal’ research is making considerable progress, and will need to be accelerated if a new expansion of coal use is not to exacerbate global warming. A major European R&D plan in this field should be developed, particularly since Europe still has large coal reserves and this resource is conspicuously cheaper than oil on the world market. However, methods of mining coal continue to be a highly sensitive issue; the difficult and sometimes dangerous conditions in mines are well known. Working conditions and health and safety at work in this sector must therefore be considered with particular care.

| 4.7 | Used tyres could also be used as a renewable resource provided that the emissions resulting from combustion are captured efficiently. Electricity plants powered by tyres have been operational in a number of countries for some decades. |
| --- | --- |

4.7

Used tyres could also be used as a renewable resource provided that the emissions resulting from combustion are captured efficiently. Electricity plants powered by tyres have been operational in a number of countries for some decades.

| 4.8 | Progress is being made as regards the technology for storing CO2 but this is still costly, difficult and involves the risks of leakage, for example in the event of fissures in the rock or earthquakes, and pollution of the water table. EESC opinions currently being drawn up will deal with these issues in detail. |
| --- | --- |

4.8

Progress is being made as regards the technology for storing CO2 but this is still costly, difficult and involves the risks of leakage, for example in the event of fissures in the rock or earthquakes, and pollution of the water table. EESC opinions currently being drawn up will deal with these issues in detail.

| 4.9 | In addition to fossil fuels, there is a local resource which is abundantly — too abundantly — available: waste. Billions of tonnes are produced in the EU. Recycling and reuse of waste materials are usually regarded as the best way of disposing of waste since they reduce demand for virgin materials of all kinds and avoid the production of greenhouse gases associated with most forms of waste disposal. But where this is not possible, using waste as a source of energy should certainly be considered. Research and development should also be encouraged in this field so as to improve energy efficiency while cutting greenhouse gas and other polluting emissions as far as possible. |
| --- | --- |

4.9

In addition to fossil fuels, there is a local resource which is abundantly — too abundantly — available: waste. Billions of tonnes are produced in the EU. Recycling and reuse of waste materials are usually regarded as the best way of disposing of waste since they reduce demand for virgin materials of all kinds and avoid the production of greenhouse gases associated with most forms of waste disposal. But where this is not possible, using waste as a source of energy should certainly be considered. Research and development should also be encouraged in this field so as to improve energy efficiency while cutting greenhouse gas and other polluting emissions as far as possible.

| 4.10 | Legislation and case law should be developed on this point, since energy recovery from waste is not recognised in its own right. The revised proposal for a framework directive on waste, under discussion at the European Parliament, is an encouraging sign. |
| --- | --- |

4.10

Legislation and case law should be developed on this point, since energy recovery from waste is not recognised in its own right. The revised proposal for a framework directive on waste, under discussion at the European Parliament, is an encouraging sign.

| 4.11 | Finally, the issue of nuclear energy will inevitably be considered. It will be difficult to achieve the target of a 20 % reduction in greenhouse gas emissions by 2020 without considering a revival of the programmes for new generation nuclear power stations for the Member States who have decided to use this energy. The others should improve their policies on renewables. |
| --- | --- |

4.11

Finally, the issue of nuclear energy will inevitably be considered. It will be difficult to achieve the target of a 20 % reduction in greenhouse gas emissions by 2020 without considering a revival of the programmes for new generation nuclear power stations for the Member States who have decided to use this energy. The others should improve their policies on renewables.

| 4.12 | We are obviously well aware of the challenges of safety, security and waste management connected to the development of this industry. But can we really do without it? |
| --- | --- |

4.12

We are obviously well aware of the challenges of safety, security and waste management connected to the development of this industry. But can we really do without it?

| 4.13 | The choice of energy sources gives rise to controversy, but none can approach the level of acrimony existing between the for and against camps on nuclear energy. There is in fact a real nuclear divide in Europe, making it most advisable to leave any decision to the Member States alone on whether or not to use this energy source. |
| --- | --- |

4.13

The choice of energy sources gives rise to controversy, but none can approach the level of acrimony existing between the for and against camps on nuclear energy. There is in fact a real nuclear divide in Europe, making it most advisable to leave any decision to the Member States alone on whether or not to use this energy source.

| 4.14 | Europe has an effective tool in Euratom, which must be put to use to maintain its technical edge, ensure its competitiveness, reduce its energy dependency and step up its efforts and international cooperation for security, safety and non-proliferation. Thought could also be given to drawing up new guidelines for Euratom. |
| --- | --- |

4.14

Europe has an effective tool in Euratom, which must be put to use to maintain its technical edge, ensure its competitiveness, reduce its energy dependency and step up its efforts and international cooperation for security, safety and non-proliferation. Thought could also be given to drawing up new guidelines for Euratom.

| 4.15 | One of the major challenges is fusion research. Euratom's seventh framework programme for research has a budget of EUR 2,75 billion, of which nearly two thirds are earmarked for research on fusion energy. This priority must be encouraged and maintained because if this technology could be mastered, it would contribute greatly to facilitating the management of waste by considerably reducing its lifespan. The launch of ITER throughout the EU is promising. |
| --- | --- |

4.15

One of the major challenges is fusion research. Euratom's seventh framework programme for research has a budget of EUR 2,75 billion, of which nearly two thirds are earmarked for research on fusion energy. This priority must be encouraged and maintained because if this technology could be mastered, it would contribute greatly to facilitating the management of waste by considerably reducing its lifespan. The launch of ITER throughout the EU is promising.

| 4.16 | As regards vehicle propulsion, the EU should look into hybrid vehicles, solar energy, fuel cells and compressed air propulsion. Research and development is progressing in this field as well, and a French engineer has developed a very economical vehicle which can reach speeds of up to 150 km/h using compressed air propulsion, with production set to begin in the next few months. The well-known Indian company, Tata, has bought the rights for India. |
| --- | --- |

4.16

As regards vehicle propulsion, the EU should look into hybrid vehicles, solar energy, fuel cells and compressed air propulsion. Research and development is progressing in this field as well, and a French engineer has developed a very economical vehicle which can reach speeds of up to 150 km/h using compressed air propulsion, with production set to begin in the next few months. The well-known Indian company, Tata, has bought the rights for India.

| 4.17 | In this context, the EESC reaffirms its earlier recommendations on the European Union's energy resources, which paved the way for and back up the points made in this opinion. |
| --- | --- |

4.17

In this context, the EESC reaffirms its earlier recommendations on the European Union's energy resources, which paved the way for and back up the points made in this opinion.

5.   Which instruments?

| 5.1 | Identifying policies and selecting priorities are key elements, but the political and legal instruments to implement them are still needed. In this respect, will the provisions of the Lisbon Treaty, if it is ratified, be sufficient or must we go further? |
| --- | --- |

5.1

Identifying policies and selecting priorities are key elements, but the political and legal instruments to implement them are still needed. In this respect, will the provisions of the Lisbon Treaty, if it is ratified, be sufficient or must we go further?

| 5.2 | Proclaiming the need for a spirit of solidarity between Member States in the energy sector is certainly an excellent thing and the identification of four strands for this policy is an innovation which can only be welcomed, even if these strands are not very innovative. |
| --- | --- |

5.2

Proclaiming the need for a spirit of solidarity between Member States in the energy sector is certainly an excellent thing and the identification of four strands for this policy is an innovation which can only be welcomed, even if these strands are not very innovative.

| 5.3 | But we cannot help but think that the gravity of global energy challenges deserves more. |
| --- | --- |

5.3

But we cannot help but think that the gravity of global energy challenges deserves more.

| 5.4 | The Lisbon Treaty may well have been overly cautious, even if a common energy policy supported by a specific institutional framework along the lines of the ECSC and Euratom is not yet possible. |
| --- | --- |

5.4

The Lisbon Treaty may well have been overly cautious, even if a common energy policy supported by a specific institutional framework along the lines of the ECSC and Euratom is not yet possible.

| 5.5 | In the global race for energy, the competitors are continental in scale. The Community framework gives greater weight, but the creation of a specific authority responsible for energy ‘diplomacy’, purchasing policy, and drawing up and funding R&D framework programmes would probably make Europe a major player in the great global energy game, which is impossible for the Member States individually. |
| --- | --- |

5.5

In the global race for energy, the competitors are continental in scale. The Community framework gives greater weight, but the creation of a specific authority responsible for energy ‘diplomacy’, purchasing policy, and drawing up and funding R&D framework programmes would probably make Europe a major player in the great global energy game, which is impossible for the Member States individually.

| 5.6 | The current situation is characterised by strongly diverging national approaches, no doubt due to the fact that after the first oil crisis in 1973, everyone was keen to guarantee the security of their own energy supply. There are many examples of uncoordinated efforts and different approaches. |
| --- | --- |

5.6

The current situation is characterised by strongly diverging national approaches, no doubt due to the fact that after the first oil crisis in 1973, everyone was keen to guarantee the security of their own energy supply. There are many examples of uncoordinated efforts and different approaches.

| 5.7 | So as to avoid any disharmony which would cause Europe to lose its pre-eminence, a major European energy policy is needed, closely integrated with the leading position it is endeavouring to establish on climate change policy in international negotiations. This should be based on meticulous coordination within international bodies such as the WTO, UN, NATO and the OECD as soon as energy matters are brought to the table. It should be accompanied by the coordination of energy policies and in particular the introduction of a strong purchasing policy, and a truly committed rather than merely pragmatic network interconnection policy. Finally, when appropriate, this policy of coordination, consultation and common projects could be based on specific institutions to help Europe respond to the energy challenge. Will we have the courage to do so? |
| --- | --- |

5.7

So as to avoid any disharmony which would cause Europe to lose its pre-eminence, a major European energy policy is needed, closely integrated with the leading position it is endeavouring to establish on climate change policy in international negotiations. This should be based on meticulous coordination within international bodies such as the WTO, UN, NATO and the OECD as soon as energy matters are brought to the table. It should be accompanied by the coordination of energy policies and in particular the introduction of a strong purchasing policy, and a truly committed rather than merely pragmatic network interconnection policy. Finally, when appropriate, this policy of coordination, consultation and common projects could be based on specific institutions to help Europe respond to the energy challenge. Will we have the courage to do so?

Brussels, 23 April 2008.

The President

of the European Economic and Social Committee

Dimitris DIMITRIADIS

---

APPENDIX

to the opinion of the European Economic and Social Committee

The following amendment, which received at least 25 % of the votes cast, was rejected during the discussion:

Point 4.11

Amend as follows:

‘Finally, the issue of nuclear energy will inevitably be considered. This is a sovereign matter for the Member States themselves to decide.
  We cannot hope to achieve the target of a 20 % reduction in greenhouse gas emissions by 2020 without considering a revival of the programmes for new generation nuclear power stations.’

Reason

Germany, where some ten nuclear power plants are still in operation, plans to cut CO2 emissions by almost 40 % by 2020 while simultaneously phasing out nuclear energy. Is the rapporteur (and the EESC) questioning the soundness of this plan?

2

Outcome of the vote

For: 46 Against: 103 Abstentions: 27

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| 19.8.2008 | EN | Official Journal of the European Union | C 211/23 |
| --- | --- | --- | --- |

19.8.2008

EN

Official Journal of the European Union

C 211/23

---

Opinion of the European Economic and Social Committee on the

| — | ‘Proposal for a Directive of the European Parliament and of the Council amending Directive 2003/54/EC concerning common rules for the internal market in electricity’ |
| --- | --- |

—

‘Proposal for a Directive of the European Parliament and of the Council amending Directive 2003/54/EC concerning common rules for the internal market in electricity’

| — | ‘Proposal for a Directive of the European Parliament and of the Council amending Directive 2003/55/EC concerning common rules for the internal market in natural gas’ |
| --- | --- |

—

‘Proposal for a Directive of the European Parliament and of the Council amending Directive 2003/55/EC concerning common rules for the internal market in natural gas’

| — | ‘Proposal for a Regulation of the European Parliament and of the Council establishing an Agency for the cooperation of energy regulators’ |
| --- | --- |

—

‘Proposal for a Regulation of the European Parliament and of the Council establishing an Agency for the cooperation of energy regulators’

| — | ‘Proposal for a Regulation of the European Parliament and of the Council amending Regulation (EC) No 1228/2003 on conditions for access to the network for cross-border exchanges in electricity’ |
| --- | --- |

—

‘Proposal for a Regulation of the European Parliament and of the Council amending Regulation (EC) No 1228/2003 on conditions for access to the network for cross-border exchanges in electricity’

| — | ‘Proposal for a Regulation of the European Parliament and of the Council amending Regulation (EC) No 1775/2005 on conditions for access to the network for cross-border exchanges in natural gas’ |
| --- | --- |

—

‘Proposal for a Regulation of the European Parliament and of the Council amending Regulation (EC) No 1775/2005 on conditions for access to the network for cross-border exchanges in natural gas’

COM(2007) 528 final — 2007/0195 (COD)

COM(2007) 529 final — 2007/0196 (COD)

COM(2007) 530 final — 2007/0197 (COD)

COM(2007) 531 final — 2007/0198 (COD)

COM(2007) 532 final — 2007/0199 (COD)

(2008/C 211/06)

On 18 October 2007 the Council decided to consult the European Economic and Social Committee, under Articles 44(2), 55 and 95 of the Treaty establishing the European Community, on the

Proposal for a Directive of the European Parliament and of the Council amending Directive 2003/54/EC concerning common rules for the internal market in electricity

Proposal for a Directive of the European Parliament and of the Council amending Directive 2003/55/EC concerning common rules for the internal market in natural gas

Proposal for a Regulation of the European Parliament and of the Council establishing an Agency for the cooperation of energy regulators

Proposal for a Regulation of the European Parliament and of the Council Amending Regulation (EC) No 1228/2003 on conditions for access to the network for cross-border exchanges in electricity

Proposal for a Regulation of the European Parliament and of the Council amending Regulation (EC) No 1775/2005 on conditions for access to the natural gas transmission networks.

The Section for Transport, Energy, Infrastructure and the Information Society, which was responsible for preparing the Committee's work on the subject, adopted its opinion on 4 April 2008. The rapporteur was Mr Cedrone.

At its 444th plenary session, held on 22 and 23 April 2008 (meeting of 22 April), the European Economic and Social Committee adopted the following opinion by 100 votes to 4 with 7 abstentions.

1.   Conclusions and proposals

1.1   Conclusions

| 1.1.1 | The EESC takes a positive view, overall, of the reasons that have prompted the Commission to present the third package on energy — a complex and difficult issue legally and economically, which has polarised opinion and reaction. |
| --- | --- |

1.1.1

The EESC takes a positive view, overall, of the reasons that have prompted the Commission to present the third package on energy — a complex and difficult issue legally and economically, which has polarised opinion and reaction.

| 1.1.2 | The EESC believes that the current situation in the energy sector cannot be drawn out any longer. Having launched the process of integration and deregulation, we are now in mid-stream and must decide what direction to take. The deregulation of the energy market has stalled, entailing high transition costs, which could be greater than the benefits derived. These costs result from the lack of a harmonised EU regulatory framework and, in some cases, of a genuine willingness to liberalise and clear demarcation of responsibilities among the various players. This lack of regulatory certainty may lead to low levels of investment and competition in the sector. This has created a fragmented EU market, driven in some cases by former monopoly-holders. It is therefore necessary to strongly reaffirm the need for the deregulation process to press ahead vigorously. |
| --- | --- |

1.1.2

The EESC believes that the current situation in the energy sector cannot be drawn out any longer. Having launched the process of integration and deregulation, we are now in mid-stream and must decide what direction to take. The deregulation of the energy market has stalled, entailing high transition costs, which could be greater than the benefits derived. These costs result from the lack of a harmonised EU regulatory framework and, in some cases, of a genuine willingness to liberalise and clear demarcation of responsibilities among the various players. This lack of regulatory certainty may lead to low levels of investment and competition in the sector. This has created a fragmented EU market, driven in some cases by former monopoly-holders. It is therefore necessary to strongly reaffirm the need for the deregulation process to press ahead vigorously.

1.1.3   The political aspect: the single market

| 1.1.3.1 | The cornerstone of this strategy is achieving the single European energy market. The EU needs to devise a common strategy to allow it to act promptly, unequivocally and with greater bargaining power at international level. There is a crucial need for cooperation between Member States, regulators and TSOs. Structural changes aimed at integrating system operation and system development at regional level need to be carried out. The individual Member States must pool their experience, knowledge and rules in order to act together and propose (impose) their own supply cost policy, and maximise competitiveness so as to secure fairer prices, while preventing financial speculation. There needs to be more unity among the Member States and they must comply with jointly agreed rules, in the interests of users/consumers, implementing previously agreed Community legislation at national level. |
| --- | --- |

1.1.3.1

The cornerstone of this strategy is achieving the single European energy market. The EU needs to devise a common strategy to allow it to act promptly, unequivocally and with greater bargaining power at international level. There is a crucial need for cooperation between Member States, regulators and TSOs. Structural changes aimed at integrating system operation and system development at regional level need to be carried out. The individual Member States must pool their experience, knowledge and rules in order to act together and propose (impose) their own supply cost policy, and maximise competitiveness so as to secure fairer prices, while preventing financial speculation. There needs to be more unity among the Member States and they must comply with jointly agreed rules, in the interests of users/consumers, implementing previously agreed Community legislation at national level.

1.1.4   The economic aspect

| 1.1.4.1 | The EESC believes that fair competition, properly regulated (the Commission's current proposal does not provide this), would facilitate increased alternative energy sources and investment in energy infrastructure. This would lead in turn to companies (such as SMEs, for example) increasing their productivity so as to obtain fair prices, while fostering transparency and reducing the risk of other companies having a dominant position. |
| --- | --- |

1.1.4.1

The EESC believes that fair competition, properly regulated (the Commission's current proposal does not provide this), would facilitate increased alternative energy sources and investment in energy infrastructure. This would lead in turn to companies (such as SMEs, for example) increasing their productivity so as to obtain fair prices, while fostering transparency and reducing the risk of other companies having a dominant position.

| 1.1.4.2 | One of the key aims of the third package is to encourage the investment that is needed in energy infrastructures and to coordinate the infrastructures at EU level. On this front the Commission's proposed measures are a step in the right direction. However, it must be ensured that they permit the necessary investment in production and instil confidence in investors. With respect to developing networks, the measures must provide for adequate planning that takes all stakeholders into consideration, and these plans must be implemented at the appropriate level within the deadlines set. EU-level controls on this investment will also be needed (by the Agency for the Cooperation of Energy Regulators). In the face of a fairly inelastic market, with companies operating in oligopoly conditions and certain States reluctant to delegate supply powers, operators and users lose confidence, leading to a liquidity freeze; these conditions should be removed. |
| --- | --- |

1.1.4.2

One of the key aims of the third package is to encourage the investment that is needed in energy infrastructures and to coordinate the infrastructures at EU level. On this front the Commission's proposed measures are a step in the right direction. However, it must be ensured that they permit the necessary investment in production and instil confidence in investors. With respect to developing networks, the measures must provide for adequate planning that takes all stakeholders into consideration, and these plans must be implemented at the appropriate level within the deadlines set. EU-level controls on this investment will also be needed (by the Agency for the Cooperation of Energy Regulators). In the face of a fairly inelastic market, with companies operating in oligopoly conditions and certain States reluctant to delegate supply powers, operators and users lose confidence, leading to a liquidity freeze; these conditions should be removed.

1.1.5   The social aspect

| 1.1.5.1 | Restructuring processes resulting from the effects of the third package should be supported by an employment policy, with full involvement of the trade unions and companies, by means of instruments such as corporate social restructuring and social shock absorbers at national and EU levels. It is comforting to note that in countries that have implemented ownership unbundling in transmission networks, there have been no adverse effects on employment. |
| --- | --- |

1.1.5.1

Restructuring processes resulting from the effects of the third package should be supported by an employment policy, with full involvement of the trade unions and companies, by means of instruments such as corporate social restructuring and social shock absorbers at national and EU levels. It is comforting to note that in countries that have implemented ownership unbundling in transmission networks, there have been no adverse effects on employment.

| 1.1.5.2 | Although the protection of vulnerable consumers will remain a strictly national matter, it is crucial that the Commission recognise the importance of such measures at international level. The Commission must also monitor their implementation to ensure that such measures are in line with the pre-requisites of an open competitive market. The concept of energy poverty should be established at EU level (minimum applied rate) and the public service and general interest obligations laid down in the current directives should be pursued. |
| --- | --- |

1.1.5.2

Although the protection of vulnerable consumers will remain a strictly national matter, it is crucial that the Commission recognise the importance of such measures at international level. The Commission must also monitor their implementation to ensure that such measures are in line with the pre-requisites of an open competitive market. The concept of energy poverty should be established at EU level (minimum applied rate) and the public service and general interest obligations laid down in the current directives should be pursued.

1.1.6   Users (business and consumers)

| 1.1.6.1 | A new energy policy strategy must therefore be conducive to promoting genuine competition between companies, in order to increase choice for users. The transmission networks must be accessible to all who want to use them. For the big energy-consuming companies, a European contract needs to be established for purchasing energy at standard prices (comparable prices or law of one price), eliminating State aid (which distorts competition). Consumers should also have their EU-established rights recognised and have the freedom to choose the supplier they want at the lowest possible price. |
| --- | --- |

1.1.6.1

A new energy policy strategy must therefore be conducive to promoting genuine competition between companies, in order to increase choice for users. The transmission networks must be accessible to all who want to use them. For the big energy-consuming companies, a European contract needs to be established for purchasing energy at standard prices (comparable prices or law of one price), eliminating State aid (which distorts competition). Consumers should also have their EU-established rights recognised and have the freedom to choose the supplier they want at the lowest possible price.

| 1.1.7 | The EESC also considers that the Commission's proposal must be aimed to preventing inadvertent combined action to deep the status quo of the big monopolistic companies, focused to maintain their advantageous position, and by the trade unions, aimed to preserve employments |
| --- | --- |

1.1.7

The EESC also considers that the Commission's proposal must be aimed to preventing inadvertent combined action to deep the status quo of the big monopolistic companies, focused to maintain their advantageous position, and by the trade unions, aimed to preserve employments

1.2   The EESC's proposals

1.2.1   Single energy market

| 1.2.1.1 | To speed progress towards a single energy market, the Commission must amend the proposals of the third energy package to gain the power to act independently at international level, particularly regarding energy sources. To this end, the proposals on regional cooperation, set out in the package, must be viewed as a stepping stone on the way to achieving the ultimate goal of a single energy market. In addition, Member States should endeavour to integrate their electricity markets and system operators should operate in several Member States. The EESC believes that the third package's proposal on regional cooperation among network operators must by no means be considered a temporary substitute or alternative to the single market. It is crucial to have regional cooperation, based on ownership unbundling, among network operators that are effectively separate from production/sale. The recent regional initiatives promoted by the European regulators' group ERGEG should also be used to check the consistency of the regulation and of market rules. |
| --- | --- |

1.2.1.1

To speed progress towards a single energy market, the Commission must amend the proposals of the third energy package to gain the power to act independently at international level, particularly regarding energy sources. To this end, the proposals on regional cooperation, set out in the package, must be viewed as a stepping stone on the way to achieving the ultimate goal of a single energy market. In addition, Member States should endeavour to integrate their electricity markets and system operators should operate in several Member States. The EESC believes that the third package's proposal on regional cooperation among network operators must by no means be considered a temporary substitute or alternative to the single market. It is crucial to have regional cooperation, based on ownership unbundling, among network operators that are effectively separate from production/sale. The recent regional initiatives promoted by the European regulators' group ERGEG should also be used to check the consistency of the regulation and of market rules.

1.2.2   Unbundling

| 1.2.2.1 | The EESC maintains that the Commission should favour ownership unbundling, which is undoubtedly preferable to the independent system operator option in terms of encouraging investment. This would improve transparency and operator confidence, would increase the system's security and would allow to monitor monopolies, preventing discriminatory conduct, and optimising the use and maintenance of the networks. |
| --- | --- |

1.2.2.1

The EESC maintains that the Commission should favour ownership unbundling, which is undoubtedly preferable to the independent system operator option in terms of encouraging investment. This would improve transparency and operator confidence, would increase the system's security and would allow to monitor monopolies, preventing discriminatory conduct, and optimising the use and maintenance of the networks.

| 1.2.2.2 | Further consideration and analysis will be needed on the strategic implications of network ownership and on the need to guarantee independence in this regard inter alia in relation to possible third-country interests and including the choice relating to network ownership (public or private). The Commission's proposal on implementing ownership unbundling does not require the privatisation of transmission networks that are currently publicly owned. |
| --- | --- |

1.2.2.2

Further consideration and analysis will be needed on the strategic implications of network ownership and on the need to guarantee independence in this regard inter alia in relation to possible third-country interests and including the choice relating to network ownership (public or private). The Commission's proposal on implementing ownership unbundling does not require the privatisation of transmission networks that are currently publicly owned.

| 1.2.2.3 | There are not sufficient differences between the electricity and gas sectors (consider the examples of the USA, Denmark, the Netherlands, Portugal, the UK, Spain and Sweden) to warrant different treatment in terms of ownership unbundling. Ownership unbundling of production/sale and transmission is needed in both sectors. The discriminatory conduct that may derive from an insufficient degree of vertical separation is the same. Companies selling gas should not be interested in who transports the gas, they should only be concerned to deal with reliable and financially sound companies which will be able to sell their gas. |
| --- | --- |

1.2.2.3

There are not sufficient differences between the electricity and gas sectors (consider the examples of the USA, Denmark, the Netherlands, Portugal, the UK, Spain and Sweden) to warrant different treatment in terms of ownership unbundling. Ownership unbundling of production/sale and transmission is needed in both sectors. The discriminatory conduct that may derive from an insufficient degree of vertical separation is the same. Companies selling gas should not be interested in who transports the gas, they should only be concerned to deal with reliable and financially sound companies which will be able to sell their gas.

1.2.3   European agency

The EESC strongly believes that the European Agency for the Cooperation of Energy Regulators (ACER) must be given more powers to:

| — | play an independent regulatory role; |
| --- | --- |

—

play an independent regulatory role;

| — | monitor the activities of ENTSO and, together with ENTSO and the Standing Market Panel, assist the European Commission in drawing up a list of necessary rules to draft and approve technical and market guidelines and codes; |
| --- | --- |

—

monitor the activities of ENTSO and, together with ENTSO and the Standing Market Panel, assist the European Commission in drawing up a list of necessary rules to draft and approve technical and market guidelines and codes;

| — | establish criteria and approve technical and market codes; |
| --- | --- |

—

establish criteria and approve technical and market codes;

| — | establish tariff-setting procedures and set tariffs for the compensation procedure for costs incurred by network operators in cross-border electricity transmission; |
| --- | --- |

—

establish tariff-setting procedures and set tariffs for the compensation procedure for costs incurred by network operators in cross-border electricity transmission;

| — | draft guidelines on grid development principles and approve the 10-year investment plan proposed by ENTSO; |
| --- | --- |

—

draft guidelines on grid development principles and approve the 10-year investment plan proposed by ENTSO;

| — | present recommendations and opinions to the European Parliament, the Council and the Commission; |
| --- | --- |

—

present recommendations and opinions to the European Parliament, the Council and the Commission;

| — | consult market operators; |
| --- | --- |

—

consult market operators;

| — | coordinate the work of the national authorities; and |
| --- | --- |

—

coordinate the work of the national authorities; and

| — | promote transparency, including in the appointment procedures for its steering group. |
| --- | --- |

—

promote transparency, including in the appointment procedures for its steering group.

1.2.4   National authorities

| 1.2.4.1 | The national regulators play a key role in promoting competition and ensuring proper implementation of the directives at national level, particularly regarding compliance with the rules on the impartial use of the infrastructure. Their powers should therefore be harmonised and their independence of national and energy companies increased to enable them to monitor and prevent abuses of dominant positions. A more independent regulator will create confidence in the market and be able to cooperate more actively with ACER. |
| --- | --- |

1.2.4.1

The national regulators play a key role in promoting competition and ensuring proper implementation of the directives at national level, particularly regarding compliance with the rules on the impartial use of the infrastructure. Their powers should therefore be harmonised and their independence of national and energy companies increased to enable them to monitor and prevent abuses of dominant positions. A more independent regulator will create confidence in the market and be able to cooperate more actively with ACER.

1.2.5   The European Networks of Transmission System Operators — ENTSOs

| 1.2.5.1 | The EESC advocates a more effective coordination of national network operators to implement investment and optimise the infrastructure management needed to develop an integrated European grid. The agency should have a greater role than is envisaged, to propose, draw up, monitor and approve the codes, in order to ensure that the public interest is given due consideration. ENTSO's role should not exceed its skills and competences. Accordingly, ACER, should have the responsibility to draft guidelines and codes. |
| --- | --- |

1.2.5.1

The EESC advocates a more effective coordination of national network operators to implement investment and optimise the infrastructure management needed to develop an integrated European grid. The agency should have a greater role than is envisaged, to propose, draw up, monitor and approve the codes, in order to ensure that the public interest is given due consideration. ENTSO's role should not exceed its skills and competences. Accordingly, ACER, should have the responsibility to draft guidelines and codes.

1.2.6   European networks and investment

| 1.2.6.1 | The EESC believes that the EU should anticipate future developments in network use, through an investment programme aimed at creating a system of public and/or private EU-regulated European networks, accessible to all, both for transmission and energy use. To this end, it must be ensured that procedures for managing interconnections are really transparent, based on market systems, and thus maximise trade. Investment should be made where it brings socio-economic benefits from a regional perspective. All market stakeholders should be duly involved in the decision-making process concerning the development of codes and the 10-year investment plan. |
| --- | --- |

1.2.6.1

The EESC believes that the EU should anticipate future developments in network use, through an investment programme aimed at creating a system of public and/or private EU-regulated European networks, accessible to all, both for transmission and energy use. To this end, it must be ensured that procedures for managing interconnections are really transparent, based on market systems, and thus maximise trade. Investment should be made where it brings socio-economic benefits from a regional perspective. All market stakeholders should be duly involved in the decision-making process concerning the development of codes and the 10-year investment plan.

1.2.7   Democracy and representation

| 1.2.7.1 | The EESC maintains that, on the basis of current or forthcoming provisions, consumers should be represented on the board of the agency. The same applies to all other interested parties (workers, trade unions, companies) which, as well as being on the board, could also be represented on a special oversight body, so that there is maximum agreement on and involvement in new legislation, from its inception rather than in the final phases of its drafting. |
| --- | --- |

1.2.7.1

The EESC maintains that, on the basis of current or forthcoming provisions, consumers should be represented on the board of the agency. The same applies to all other interested parties (workers, trade unions, companies) which, as well as being on the board, could also be represented on a special oversight body, so that there is maximum agreement on and involvement in new legislation, from its inception rather than in the final phases of its drafting.

2.   Introduction

| 2.1 | About ten years ago the Commission took the first steps (very belatedly) towards a European regulatory framework for a single market in electricity and gas. The Committee thus had the opportunity to express its views, occasionally at odds with those of the Commission, on an issue that over the years has become ever more important and controversial. |
| --- | --- |

2.1

About ten years ago the Commission took the first steps (very belatedly) towards a European regulatory framework for a single market in electricity and gas. The Committee thus had the opportunity to express its views, occasionally at odds with those of the Commission, on an issue that over the years has become ever more important and controversial.

| 2.2 | With the adoption of the third package of legislative proposals on the electricity and gas market, the Commission is seeking to complete the process, in an international context that has changed profoundly and is a source of new problems for all. Not all Member States are in agreement on the proposals and this in turn delay the adoption and application of the new proposals and jeopardises the completion of the European single market in energy. |
| --- | --- |

2.2

With the adoption of the third package of legislative proposals on the electricity and gas market, the Commission is seeking to complete the process, in an international context that has changed profoundly and is a source of new problems for all. Not all Member States are in agreement on the proposals and this in turn delay the adoption and application of the new proposals and jeopardises the completion of the European single market in energy.

| 2.3 | The EESC's task is one of great responsibility: drafting an opinion on one of the most central (and controversial) issues of recent years — an issue on which hangs not only the single market in energy, but the fate of European companies in the sector, of Europe's consumers, and of non-EU companies. |
| --- | --- |

2.3

The EESC's task is one of great responsibility: drafting an opinion on one of the most central (and controversial) issues of recent years — an issue on which hangs not only the single market in energy, but the fate of European companies in the sector, of Europe's consumers, and of non-EU companies.

| 2.4 | The EESC takes a positive view of the impact assessment (q.v.) carried out by the Commission, which offers some good pointers on the efficacy of liberalisation and ‘fair’ competition. |
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2.4

The EESC takes a positive view of the impact assessment (q.v.) carried out by the Commission, which offers some good pointers on the efficacy of liberalisation and ‘fair’ competition.

3.   The rationale of the Commission's proposals

| 3.1 | To ensure that consumers be really free to choose their supplier from a wide range of possibilities and to enjoy the ‘benefits’ which that choice ‘should’ bring. The need to ensure these optimum conditions for users must be a common goal for third countries' companies operating in the EU. |
| --- | --- |

3.1

To ensure that consumers be really free to choose their supplier from a wide range of possibilities and to enjoy the ‘benefits’ which that choice ‘should’ bring. The need to ensure these optimum conditions for users must be a common goal for third countries' companies operating in the EU.

| 3.2 | To unbundle production and transmission from ownership and operation of the electricity and gas transmission networks. Moreover, a second option is described — that of ‘Independent System Operator’ — which allows vertically integrated companies to retain ownership of networks only if their fixed capital is managed by an independent body or another undertaking; this should encourage investments in infrastructure. |
| --- | --- |

3.2

To unbundle production and transmission from ownership and operation of the electricity and gas transmission networks. Moreover, a second option is described — that of ‘Independent System Operator’ — which allows vertically integrated companies to retain ownership of networks only if their fixed capital is managed by an independent body or another undertaking; this should encourage investments in infrastructure.

| 3.3 | To provide effective measures against the market fragmentation along national borders, existing vertical integration and high market concentration which has in practice prevented genuine competition and the establishment of a single energy market. |
| --- | --- |

3.3

To provide effective measures against the market fragmentation along national borders, existing vertical integration and high market concentration which has in practice prevented genuine competition and the establishment of a single energy market.

| 3.4 | To simplify cross-border trade, setting up an Agency with the task of coordinating national regulatory authorities and providing a level playing field for European companies operating in the sector; this should ensure that a genuine European network is set up to guarantee security and supply diversification. National authorities should become really more independent. |
| --- | --- |

3.4

To simplify cross-border trade, setting up an Agency with the task of coordinating national regulatory authorities and providing a level playing field for European companies operating in the sector; this should ensure that a genuine European network is set up to guarantee security and supply diversification. National authorities should become really more independent.

| 3.5 | To encourage cooperation on the basis of new rules to be established by European network operators and ensure greater cooperation between the various domestic markets where supply is under threat. |
| --- | --- |

3.5

To encourage cooperation on the basis of new rules to be established by European network operators and ensure greater cooperation between the various domestic markets where supply is under threat.

| 3.6 | To increase transparency by streamlining market rules and keeping consumers informed, so as to ‘increase’ user confidence in the intrinsic value of the free market (but has there really consistently been confidence thus far?). |
| --- | --- |

3.6

To increase transparency by streamlining market rules and keeping consumers informed, so as to ‘increase’ user confidence in the intrinsic value of the free market (but has there really consistently been confidence thus far?).

| 3.7 | Next year, to give consumers energy users' rights enshrined in a special (binding) ‘Charter’ including information on suppliers, the various market options, cutting red tape, fuel poverty etc (1). |
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3.7

Next year, to give consumers energy users' rights enshrined in a special (binding) ‘Charter’ including information on suppliers, the various market options, cutting red tape, fuel poverty etc (1).

4.   The proposals for directives (electricity and gas)

| 4.1 | Effective (legal and operational) unbundling in all the Member States of the electricity and gas supply and transmission system by creating not vertically integrated systems. This is a key element in resolving possible conflicts of interest and in:






  — | ensuring proper investment in a more efficient supply and transmission system, including improvements in the management of cross-border transfers; |
| --- | --- | --- |

4.1

Effective (legal and operational) unbundling in all the Member States of the electricity and gas supply and transmission system by creating not vertically integrated systems. This is a key element in resolving possible conflicts of interest and in:

—

ensuring proper investment in a more efficient supply and transmission system, including improvements in the management of cross-border transfers;

| — | avoiding privileges or preferential treatment for companies and subsidiaries that arein vertically integrated transmission and production systems; |
| --- | --- |

—

avoiding privileges or preferential treatment for companies and subsidiaries that arein vertically integrated transmission and production systems;

| — | ensuring fair and transparent access to information for all market players and not only those connected with the company in question. |
| --- | --- |

—

ensuring fair and transparent access to information for all market players and not only those connected with the company in question.

| 4.2 | The creation of an Independent System Operator (ISO) represents a solution when dealing with vertical integrated companies with reluctance to embark upon an effective ownership separation. This operator may allow companies to retain ownership of the network, but does not allow them to run it. Independence can only be achieved within an effective regulatory system. |
| --- | --- |

4.2

The creation of an Independent System Operator (ISO) represents a solution when dealing with vertical integrated companies with reluctance to embark upon an effective ownership separation. This operator may allow companies to retain ownership of the network, but does not allow them to run it. Independence can only be achieved within an effective regulatory system.

| 4.2.1 | The independence of the network operator holds for both public and private companies, as does the ownership unbundling of the transmission network and production systems. |
| --- | --- |

4.2.1

The independence of the network operator holds for both public and private companies, as does the ownership unbundling of the transmission network and production systems.

| 4.2.2 | The main goal is for companies operating in the electricity and gas production and supply sector in all EU countries to operate completely separately. |
| --- | --- |

4.2.2

The main goal is for companies operating in the electricity and gas production and supply sector in all EU countries to operate completely separately.

| 4.2.3 | The proposed directive provides for temporary derogations from ownership unbundling rules if companies invest in energy infrastructure. |
| --- | --- |

4.2.3

The proposed directive provides for temporary derogations from ownership unbundling rules if companies invest in energy infrastructure.

| 4.3 | The separation of supply and production from system operators is envisaged not just at national level, but throughout the EU. No energy production company is allowed to manage or own a transmission system in another Member State. Each operator entering and becoming a part of the system must demonstrate its independence from supply and production activities. |
| --- | --- |

4.3

The separation of supply and production from system operators is envisaged not just at national level, but throughout the EU. No energy production company is allowed to manage or own a transmission system in another Member State. Each operator entering and becoming a part of the system must demonstrate its independence from supply and production activities.

| 4.4 | Ownership unbundling must lead to a properly functioning market and network, ultimately resulting in correct electricity and gas price setting, possibly followed by a price reduction, with obvious benefits for consumers and investors in the sector. |
| --- | --- |

4.4

Ownership unbundling must lead to a properly functioning market and network, ultimately resulting in correct electricity and gas price setting, possibly followed by a price reduction, with obvious benefits for consumers and investors in the sector.

| 4.5 | The Independent System Operator will function properly and the separation of ownership of the production and supply system be effective only in presence of the independent and operational regulatory authority. Regulatory authorities must be legally discrete and functionally independent from any other public or private entity and must act independently of any market interests. They must have full powers and be able to cooperate with one another across Member States in order to:






  — | verify that the various operators in the market meet their transparency obligations; |
| --- | --- | --- |

4.5

The Independent System Operator will function properly and the separation of ownership of the production and supply system be effective only in presence of the independent and operational regulatory authority. Regulatory authorities must be legally discrete and functionally independent from any other public or private entity and must act independently of any market interests. They must have full powers and be able to cooperate with one another across Member States in order to:

—

verify that the various operators in the market meet their transparency obligations;

| — | ensure the efficacy of consumer protection measures; |
| --- | --- |

—

ensure the efficacy of consumer protection measures;

| — | verify the sound operation of electricity and gas transmission; |
| --- | --- |

—

verify the sound operation of electricity and gas transmission;

| — | monitor the investment plans of transmission system operators and check they are mutually compatible; |
| --- | --- |

—

monitor the investment plans of transmission system operators and check they are mutually compatible;

| — | monitor for market abuses or dominant operators that frustrate correct price setting. |
| --- | --- |

—

monitor for market abuses or dominant operators that frustrate correct price setting.

The external agencies (the CESR, Agency for the Cooperation of Energy Regulators) have a consultative role to play with the Commission on the implementation of the rules set out.

5.   The proposals for regulations (creation of the Agency for the Cooperation of Energy Regulators, access to the network for cross-border exchange of electricity and access to gas transport networks)

| 5.1 | Consolidation of internal markets, with common rules and approaches, is a core element in the development of the European energy market and in bringing about the cross-border exchanges needed. Current provisions (such as the technical rules, or grid codes, that electricity companies must operate under) need to be harmonised between the various countries. Thus far this does not appear to have been carried out with the help of ERGEG. This harmonisation can only be implemented by a separate, independent body, which the Treaty requires to be established as an Agency. |
| --- | --- |

5.1

Consolidation of internal markets, with common rules and approaches, is a core element in the development of the European energy market and in bringing about the cross-border exchanges needed. Current provisions (such as the technical rules, or grid codes, that electricity companies must operate under) need to be harmonised between the various countries. Thus far this does not appear to have been carried out with the help of ERGEG. This harmonisation can only be implemented by a separate, independent body, which the Treaty requires to be established as an Agency.

| 5.2 | The Agency's main tasks should be to:






  — | improve management of cross-border situations; |
| --- | --- | --- |

5.2

The Agency's main tasks should be to:

—

improve management of cross-border situations;

| — | monitor the activity of electricity and gas transmission system operators; |
| --- | --- |

—

monitor the activity of electricity and gas transmission system operators;

| — | verify the efficacy of ten-year investment plans for networks; |
| --- | --- |

—

verify the efficacy of ten-year investment plans for networks;

| — | ensure that cooperation between operators is conducted effectively and transparently to benefit the single market; |
| --- | --- |

—

ensure that cooperation between operators is conducted effectively and transparently to benefit the single market;

| — | intervene with decisions on particular technical aspects and on applications for derogations; |
| --- | --- |

—

intervene with decisions on particular technical aspects and on applications for derogations;

| — | perform an advisory role on market regulation issues and support moves to improve practices adopted by national regulatory bodies. |
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—

perform an advisory role on market regulation issues and support moves to improve practices adopted by national regulatory bodies.

| 5.3 | The organisational structure will follow the typical model for Community agencies, with particular care given to guaranteeing the independence of regulatory functions. To this end, a Board of Regulators could be set up, in addition to the Administrative Board appointed by the director of the Agency, which would be responsible for all questions of regulation, as well as a Board of Appeal which would handle appeals against decisions taken by the Agency. The Agency may comprise at most 40 to 50 people and cost at most between EUR 6 and 7 million per annum, covered by Community grants. |
| --- | --- |

5.3

The organisational structure will follow the typical model for Community agencies, with particular care given to guaranteeing the independence of regulatory functions. To this end, a Board of Regulators could be set up, in addition to the Administrative Board appointed by the director of the Agency, which would be responsible for all questions of regulation, as well as a Board of Appeal which would handle appeals against decisions taken by the Agency. The Agency may comprise at most 40 to 50 people and cost at most between EUR 6 and 7 million per annum, covered by Community grants.

| 5.4 | The Commission has the role of guardian of the treaties and ‘inspector of the inspector’. The Agency has decision-making powers and discretion only on specific technical questions. The Commission may decide to intervene to further cooperation or the correct operation of the market either in the light of information from the Agency or on its own initiative. |
| --- | --- |

5.4

The Commission has the role of guardian of the treaties and ‘inspector of the inspector’. The Agency has decision-making powers and discretion only on specific technical questions. The Commission may decide to intervene to further cooperation or the correct operation of the market either in the light of information from the Agency or on its own initiative.

| 5.5 | Efficient cooperation between transmission system operators is vital to achieve a true integration of the market. The only cooperation at present is voluntary and has failed to produce satisfactory results, especially when network incidents and black-outs have occurred. Integration of system operation at regional level would help to:






  — | define a coherent set of technical and market codes that are valid internationally; |
| --- | --- | --- |

5.5

Efficient cooperation between transmission system operators is vital to achieve a true integration of the market. The only cooperation at present is voluntary and has failed to produce satisfactory results, especially when network incidents and black-outs have occurred. Integration of system operation at regional level would help to:

—

define a coherent set of technical and market codes that are valid internationally;

| — | define technical codes where there is no genuine cooperation between networks; |
| --- | --- |

—

define technical codes where there is no genuine cooperation between networks;

| — | guarantee non-discriminatory behaviour in relation to network operation and development; |
| --- | --- |

—

guarantee non-discriminatory behaviour in relation to network operation and development;

| — | facilitate market integration, thus enabling price convergence, lowering concerns over market concentration, stimulating liquidity etc.; and |
| --- | --- |

—

facilitate market integration, thus enabling price convergence, lowering concerns over market concentration, stimulating liquidity etc.; and

| — | promote the funding and management of research and innovation. |
| --- | --- |

—

promote the funding and management of research and innovation.

| 5.6 | The structures of cooperation between transmission system operators must be fully recognised at European level. Existing structures such as GTE and ETSO can be used or new central, permanent structures set up in terms of both organisation and practical instruments for network planning and management. |
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5.6

The structures of cooperation between transmission system operators must be fully recognised at European level. Existing structures such as GTE and ETSO can be used or new central, permanent structures set up in terms of both organisation and practical instruments for network planning and management.

6.   General comments

| 6.1 | The main problem with networks, especially electricity networks, is not only that of liberalisation but that of enabling public and companies to use them. Thought could be given, for example, to European networks that are public or regulated by the Union and accessible to all. |
| --- | --- |

6.1

The main problem with networks, especially electricity networks, is not only that of liberalisation but that of enabling public and companies to use them. Thought could be given, for example, to European networks that are public or regulated by the Union and accessible to all.

| 6.2 | The Commission should promote investment into the creation of a completely innovative transmission system that would enable the use of electricity at European level, using an intelligent interactive network. Similar to the internet, this network would harness smart meter technology and allow energy to flow in both directions. |
| --- | --- |

6.2

The Commission should promote investment into the creation of a completely innovative transmission system that would enable the use of electricity at European level, using an intelligent interactive network. Similar to the internet, this network would harness smart meter technology and allow energy to flow in both directions.

| 6.3 | This would greatly encourage investment and would lead to the creation of new jobs and make the old slogan ‘power to the people’ a reality: exchanging energy to meet everybody's needs with networks open to all, and the same rules applied throughout the countries of the Union without exception (as is already the case with the internet). |
| --- | --- |

6.3

This would greatly encourage investment and would lead to the creation of new jobs and make the old slogan ‘power to the people’ a reality: exchanging energy to meet everybody's needs with networks open to all, and the same rules applied throughout the countries of the Union without exception (as is already the case with the internet).

| 6.4 | These are the reasons why one could move towards a complete separation of the electricity transmission system and to a choice between separation and ‘independent system operator’ for gas networks. |
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6.4

These are the reasons why one could move towards a complete separation of the electricity transmission system and to a choice between separation and ‘independent system operator’ for gas networks.

| 6.5 | It will be difficult to meet the goals pursued by the Commission (reinforcing national authorities, boosting cooperation between transport operators (ISO, TSO), increasing market transparency, and so on) without overcoming narrow national mindsets, not only where networks are concerned, but also in terms of supply, investment and so on. Though this will not be enough to keep prices down, these are the only measures that can ensure better quality of service. |
| --- | --- |

6.5

It will be difficult to meet the goals pursued by the Commission (reinforcing national authorities, boosting cooperation between transport operators (ISO, TSO), increasing market transparency, and so on) without overcoming narrow national mindsets, not only where networks are concerned, but also in terms of supply, investment and so on. Though this will not be enough to keep prices down, these are the only measures that can ensure better quality of service.

| 6.6 | The concentration of oil reserves in just a few areas of the world (61,8 % in the Middle East, 11,7 % in Europe and Russia, 9,4 % in Africa, 8,5 % in South America, 5,1 % in North America and 3,5 % in the Far East (F. Profumo, Politecnico di Torino) should prompt the Commission to exercise a common policy that has to be more incisive towards these areas and in international organisations where agreements are drawn up and decisions taken. Otherwise, pure and simple liberalisation could become a trap for the unwary that is not enough to hold down prices, which are frequently pushed up as a result of monopolies that dictate conditions even to the politic body. |
| --- | --- |

6.6

The concentration of oil reserves in just a few areas of the world (61,8 % in the Middle East, 11,7 % in Europe and Russia, 9,4 % in Africa, 8,5 % in South America, 5,1 % in North America and 3,5 % in the Far East (F. Profumo, Politecnico di Torino) should prompt the Commission to exercise a common policy that has to be more incisive towards these areas and in international organisations where agreements are drawn up and decisions taken. Otherwise, pure and simple liberalisation could become a trap for the unwary that is not enough to hold down prices, which are frequently pushed up as a result of monopolies that dictate conditions even to the politic body.

| 6.7 | The EU must pursue regulated competition and transparency to make the economic system more competitive and transparent. The victories over Microsoft and Volkswagen are an encouraging precedent for competition, though not sufficient in themselves. At the same time, more effective measures should also be devised to mitigate the impact and consequences on employment, as well as measures and investment to make the economic system more dynamic and to create opportunities for workers and young people and hence reduce the need for ‘protection’. Indeed, the reason why the most recent figures on Europe's economic growth are not encouraging (see the Commission's Communication) is not just the strength of the euro, but also the poor competitiveness of companies and the ‘protection’ many of them enjoy. The dismantling of monopolies undertaken in the wake of the Single European Act absolutely has to succeed, as any failure would ride roughshod over the interests of ordinary consumers because of the resultant market dislocation and the possible need once again to pump in public money to secure network survival, as has happened in the case of the British railway system. |
| --- | --- |

6.7

The EU must pursue regulated competition and transparency to make the economic system more competitive and transparent. The victories over Microsoft and Volkswagen are an encouraging precedent for competition, though not sufficient in themselves. At the same time, more effective measures should also be devised to mitigate the impact and consequences on employment, as well as measures and investment to make the economic system more dynamic and to create opportunities for workers and young people and hence reduce the need for ‘protection’. Indeed, the reason why the most recent figures on Europe's economic growth are not encouraging (see the Commission's Communication) is not just the strength of the euro, but also the poor competitiveness of companies and the ‘protection’ many of them enjoy. The dismantling of monopolies undertaken in the wake of the Single European Act absolutely has to succeed, as any failure would ride roughshod over the interests of ordinary consumers because of the resultant market dislocation and the possible need once again to pump in public money to secure network survival, as has happened in the case of the British railway system.

| 6.8 | The debate on this package must not be confined to the auditoria of institutions or to insiders. The Commission and the EESC must take the issue to the outside world and that argument must involve the public as consumers, workers and businesses, to prevent decisions being influenced solely by the big energy companies, which are often monopolies. (For example, a blog on the matter could be set up for the public, there should be open hearings in most of the Member States and in some European cities and the results brought together in a major public conference at Community level.) Moreover, the Commission's monitoring of the European regulatory agencies should also have a democratic dimension and should be corroborated by European Parliament checks. |
| --- | --- |

6.8

The debate on this package must not be confined to the auditoria of institutions or to insiders. The Commission and the EESC must take the issue to the outside world and that argument must involve the public as consumers, workers and businesses, to prevent decisions being influenced solely by the big energy companies, which are often monopolies. (For example, a blog on the matter could be set up for the public, there should be open hearings in most of the Member States and in some European cities and the results brought together in a major public conference at Community level.) Moreover, the Commission's monitoring of the European regulatory agencies should also have a democratic dimension and should be corroborated by European Parliament checks.

7.   Specific comments

| 7.1 | Separation of ownership of the various activities in the chain — of supply and production from network operation — through ownership unbundling. These measures are a prerequisite for reducing barriers to market entry. The aim is to prevent integrated companies, carrying out several activities in the chain, being able to ‘transfer’ some of the costs of the liberalised activities to regulated activities and thus enjoy an undue competitive advantage over those carrying out solely the activities subject to competition. The Member States' adoption of the directives on the natural gas and electricity markets has not been uniform, in some cases enabling vertically integrated transmission network operation companies and production and supply companies to be formed. |
| --- | --- |

7.1

Separation of ownership of the various activities in the chain — of supply and production from network operation — through ownership unbundling. These measures are a prerequisite for reducing barriers to market entry. The aim is to prevent integrated companies, carrying out several activities in the chain, being able to ‘transfer’ some of the costs of the liberalised activities to regulated activities and thus enjoy an undue competitive advantage over those carrying out solely the activities subject to competition. The Member States' adoption of the directives on the natural gas and electricity markets has not been uniform, in some cases enabling vertically integrated transmission network operation companies and production and supply companies to be formed.

| 7.2 | Enhancing the powers of national energy regulators, which ensure both unbiased network operation and unbiased licensed infrastructure operation in general. This is essential for liberalisation (transmission, transmission and measuring in the energy sector; transport, transmission, measuring, storage and regasification, in the gas sector). |
| --- | --- |

7.2

Enhancing the powers of national energy regulators, which ensure both unbiased network operation and unbiased licensed infrastructure operation in general. This is essential for liberalisation (transmission, transmission and measuring in the energy sector; transport, transmission, measuring, storage and regasification, in the gas sector).

| 7.3 | Key role of the Agency for the Cooperation of Energy Regulators, overseeing the activities of independent national bodies. Setting up a supranational regulatory body with authority to oversee the activities of the individual countries involved would lead to clearly-defined cooperation on regulation, reducing the disparities between the prospects of the EU as a whole and the prospects of individual countries, to facilitate solutions geared towards an integrated energy market. |
| --- | --- |

7.3

Key role of the Agency for the Cooperation of Energy Regulators, overseeing the activities of independent national bodies. Setting up a supranational regulatory body with authority to oversee the activities of the individual countries involved would lead to clearly-defined cooperation on regulation, reducing the disparities between the prospects of the EU as a whole and the prospects of individual countries, to facilitate solutions geared towards an integrated energy market.

| 7.4 | Establishment of transmission system operators that are independent of the production system, cooperating together to deal efficiently with transmission issues. Transmission system operators from vertically integrated companies tend to favour associated companies, leaving new competitors severely under-informed. Investment within highly integrated companies is often distorted as the dominant company has no interest in improving the network as this would mainly benefit competitors. Formal, substantial separation of transmission operators would provide the same network access guarantees for all transmission undertakings, enabling the technological improvements to be made which are necessary to ensure more efficient running and, ultimately, lower prices for users. |
| --- | --- |

7.4

Establishment of transmission system operators that are independent of the production system, cooperating together to deal efficiently with transmission issues. Transmission system operators from vertically integrated companies tend to favour associated companies, leaving new competitors severely under-informed. Investment within highly integrated companies is often distorted as the dominant company has no interest in improving the network as this would mainly benefit competitors. Formal, substantial separation of transmission operators would provide the same network access guarantees for all transmission undertakings, enabling the technological improvements to be made which are necessary to ensure more efficient running and, ultimately, lower prices for users.

| 7.5 | Creating greater transparency and facilitating market access to increase the liquidity of the electricity and gas markets. There is a lack of information regarding reliability and timeliness on the market (between parties involved in the chain). The information imbalance between the incumbent companies and their competitors is marked. Greater transparency would minimise entry risks for new market players and also reduce barriers, boosting confidence in wholesale markets and therefore in price signals. In any case, a certain uniformity/correspondence of information needs to be ensured, so that, without ever neglecting the importance of corporate strategic/business confidentiality, there is no room for inconsistent interpretations which jeopardise genuine market transparency. |
| --- | --- |

7.5

Creating greater transparency and facilitating market access to increase the liquidity of the electricity and gas markets. There is a lack of information regarding reliability and timeliness on the market (between parties involved in the chain). The information imbalance between the incumbent companies and their competitors is marked. Greater transparency would minimise entry risks for new market players and also reduce barriers, boosting confidence in wholesale markets and therefore in price signals. In any case, a certain uniformity/correspondence of information needs to be ensured, so that, without ever neglecting the importance of corporate strategic/business confidentiality, there is no room for inconsistent interpretations which jeopardise genuine market transparency.

| 7.6 | Guaranteeing access to information for all market operators with a view to instilling trust and enabling the market to develop properly. Many operators have little confidence in the price formation mechanism. Gas import contracts are concluded on the basis of price indexes derived from a basket of oil-derived products, and so prices rigorously follow oil market trends. This relationship is reflected in wholesale prices, which are not formed via the market supply and demand mechanism, to the detriment of security of supply. As regards long-term import contracts, there are no clear trends towards price formation mechanisms based on market dynamics. |
| --- | --- |

7.6

Guaranteeing access to information for all market operators with a view to instilling trust and enabling the market to develop properly. Many operators have little confidence in the price formation mechanism. Gas import contracts are concluded on the basis of price indexes derived from a basket of oil-derived products, and so prices rigorously follow oil market trends. This relationship is reflected in wholesale prices, which are not formed via the market supply and demand mechanism, to the detriment of security of supply. As regards long-term import contracts, there are no clear trends towards price formation mechanisms based on market dynamics.

| 7.7 | Establishing particularly detailed requirements to ensure transparency in electricity and gas production. Accurate short-term forecasts of supply and demand must be provided. These requirements should be met by the electricity producers; to this end, more power must be given to national regulators. |
| --- | --- |

7.7

Establishing particularly detailed requirements to ensure transparency in electricity and gas production. Accurate short-term forecasts of supply and demand must be provided. These requirements should be met by the electricity producers; to this end, more power must be given to national regulators.

| 7.8 | Introducing derivatives markets. Derivatives not only represent an effective means of price risk management but they are also a natural instrument for developing the electricity and gas markets. Although the electricity markets have been negotiating derivatives contracts directly or indirectly, with the result that some steps have already been taken towards uniformity, work still remains to be done. Clear disparities are present in the European natural gas market. Indeed, while a relatively high degree of liberalisation can be observed in some markets (e.g. United Kingdom), in other countries there is not even a cash market for natural gas (e.g. Italy). |
| --- | --- |

7.8

Introducing derivatives markets. Derivatives not only represent an effective means of price risk management but they are also a natural instrument for developing the electricity and gas markets. Although the electricity markets have been negotiating derivatives contracts directly or indirectly, with the result that some steps have already been taken towards uniformity, work still remains to be done. Clear disparities are present in the European natural gas market. Indeed, while a relatively high degree of liberalisation can be observed in some markets (e.g. United Kingdom), in other countries there is not even a cash market for natural gas (e.g. Italy).

| 7.9 | Regulating storage fields to ensure that all storage that is available to third parties is offered to the market in a transparent and non-discriminatory manner that prevents capacity-hoarding. |
| --- | --- |

7.9

Regulating storage fields to ensure that all storage that is available to third parties is offered to the market in a transparent and non-discriminatory manner that prevents capacity-hoarding.

| 7.10 | Unambiguous criteria in the public domain establishing when and how third party access applies to storage capacity that is offered to the market. |
| --- | --- |

7.10

Unambiguous criteria in the public domain establishing when and how third party access applies to storage capacity that is offered to the market.

| 7.11 | Establishing transparent, detailed rules on access to LNG terminals that will allow identification of exempted infrastructure. Proper rules need to be established for implementation of the ‘open season’ procedure. This procedure, providing for a mechanism for reserving capacity before it is built, may not be sufficient to guarantee greater access for operators since, as part of the procedure itself, priority allocation of transport capacity on the national transport grid, has in any case, to be given to the gas pipeline or LNG Terminal builder company which is the holder of the exemption. Moreover, the procedure for allocating the remaining 20 % of capacity could be a barrier to development of competition on the supply market, as it favours those trying to saturate this 20 % with long-term contracts to the detriment of both spot markets and flexibility of supply. |
| --- | --- |

7.11

Establishing transparent, detailed rules on access to LNG terminals that will allow identification of exempted infrastructure. Proper rules need to be established for implementation of the ‘open season’ procedure. This procedure, providing for a mechanism for reserving capacity before it is built, may not be sufficient to guarantee greater access for operators since, as part of the procedure itself, priority allocation of transport capacity on the national transport grid, has in any case, to be given to the gas pipeline or LNG Terminal builder company which is the holder of the exemption. Moreover, the procedure for allocating the remaining 20 % of capacity could be a barrier to development of competition on the supply market, as it favours those trying to saturate this 20 % with long-term contracts to the detriment of both spot markets and flexibility of supply.

| 7.12 | Identifying downstream bilateral long-term supply agreements that comply with EU competition law. The degree of competition on retail markets is very limited. The cumulative effect of long-term contracts, open-ended contracts, contracts with tacit renewal clauses and long termination periods could be a substantial barrier to competition. Contractual obligations binding industrial end-users and producers (incumbent companies) in the long term differ from country to country. However, there is growing demand for more competitive supply, from companies other than the incumbent companies; a pan-European supply is lacking and needs to be looked at seriously. The current level of competition (few suppliers) is particularly unsatisfactory in a number of Member States where concentration is high (Austria, Belgium). The constraints on how gas can be supplied to consumers, together with suppliers' restrictive practices at delivery points, raise numerous concerns as regards competition. |
| --- | --- |

7.12

Identifying downstream bilateral long-term supply agreements that comply with EU competition law. The degree of competition on retail markets is very limited. The cumulative effect of long-term contracts, open-ended contracts, contracts with tacit renewal clauses and long termination periods could be a substantial barrier to competition. Contractual obligations binding industrial end-users and producers (incumbent companies) in the long term differ from country to country. However, there is growing demand for more competitive supply, from companies other than the incumbent companies; a pan-European supply is lacking and needs to be looked at seriously. The current level of competition (few suppliers) is particularly unsatisfactory in a number of Member States where concentration is high (Austria, Belgium). The constraints on how gas can be supplied to consumers, together with suppliers' restrictive practices at delivery points, raise numerous concerns as regards competition.

| 7.13 | Urging the electricity and gas retail markets to complete the deregulation process. Only with a genuine retail market can Europeans benefit from competition. This means introducing simplified market access rules so that small producers and distributors can participate, encouraging market liquidity and making prices more competitive. Securing liquidity is essential to boost operators' confidence in price formation in both electricity marketplaces and gas hubs, in that, particularly where the latter are concerned, it makes it possible to break free of ties with products. |
| --- | --- |

7.13

Urging the electricity and gas retail markets to complete the deregulation process. Only with a genuine retail market can Europeans benefit from competition. This means introducing simplified market access rules so that small producers and distributors can participate, encouraging market liquidity and making prices more competitive. Securing liquidity is essential to boost operators' confidence in price formation in both electricity marketplaces and gas hubs, in that, particularly where the latter are concerned, it makes it possible to break free of ties with products.

| 7.14 | The key role played by deregulated electricity and gas markets in increasing public and business awareness of intelligent energy consumption would allow cost savings and monitoring. That involves educating the public about energy sources currently available and alternative sources of energy development (renewable energy) to make them understand the vital importance of this commodity given the current shortage. Offering end users contracts which can be customised according to consumption patterns is essential in terms of both energy and the costs saving. |
| --- | --- |

7.14

The key role played by deregulated electricity and gas markets in increasing public and business awareness of intelligent energy consumption would allow cost savings and monitoring. That involves educating the public about energy sources currently available and alternative sources of energy development (renewable energy) to make them understand the vital importance of this commodity given the current shortage. Offering end users contracts which can be customised according to consumption patterns is essential in terms of both energy and the costs saving.

| 7.15 | As responsible end users, the public will also have to be informed of whether regulatory institutions observe or abuse the rules, so that they can enforce their rights, not least through consumer protection associations. |
| --- | --- |

7.15

As responsible end users, the public will also have to be informed of whether regulatory institutions observe or abuse the rules, so that they can enforce their rights, not least through consumer protection associations.

| 7.16 | Ensuring that demand is met even at peak times. In the case of electricity, problems arise in terms of generation capacity and of transmission network size, the capability of the network to transport the energy; in the case of gas, sufficient import and storage capacity needs to be in place. In any case, it is well known that import capacity is particularly limited, as transport of capacity is reserved by incumbent companies with contracts with terms of up to 20 years or more. This means that new projects and projects for restructuring/extending electricity and natural gas (gas pipelines) infrastructure must proceed with all speed at both European and national levels. Regasification plants are of primary importance: particularly in the Mediterranean, they play a key role as a link with the main producer countries (Libya, Algeria). |
| --- | --- |

7.16

Ensuring that demand is met even at peak times. In the case of electricity, problems arise in terms of generation capacity and of transmission network size, the capability of the network to transport the energy; in the case of gas, sufficient import and storage capacity needs to be in place. In any case, it is well known that import capacity is particularly limited, as transport of capacity is reserved by incumbent companies with contracts with terms of up to 20 years or more. This means that new projects and projects for restructuring/extending electricity and natural gas (gas pipelines) infrastructure must proceed with all speed at both European and national levels. Regasification plants are of primary importance: particularly in the Mediterranean, they play a key role as a link with the main producer countries (Libya, Algeria).

| 7.17 | Increasing solidarity: EU countries need to promote, at both regional and bilateral level, cooperation agreements providing for mutual assistance and cooperation when an EU Member State finds itself with an energy deficit arising from circumstances for which it is not directly to blame. |
| --- | --- |

7.17

Increasing solidarity: EU countries need to promote, at both regional and bilateral level, cooperation agreements providing for mutual assistance and cooperation when an EU Member State finds itself with an energy deficit arising from circumstances for which it is not directly to blame.

Brussels, 22 April 2008.

The President

of the European Economic and Social Committee

Dimitris DIMITRIADIS

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(1)  See the EESC opinion on the Communication from the Commission — Towards a European Charter on the Rights of Energy Consumers, CESE 71/2008.

1

Communication from the Commission

Towards a European Charter on the Rights of Energy Consumers

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| 19.8.2008 | EN | Official Journal of the European Union | C 211/31 |
| --- | --- | --- | --- |

19.8.2008

EN

Official Journal of the European Union

C 211/31

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Opinion of the European Economic and Social Committee on the ‘Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions — An Integrated Maritime Policy for the European Union’

COM(2007) 575 final

(2008/C 211/07)

On 10 October 2007 the European Commission decided to consult the European Economic and Social Committee, under Article 262 of the Treaty establishing the European Community, on the

Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions — An Integrated Maritime Policy for the European Union.

The Section for Transport, Energy, Infrastructure and the Information Society, which was responsible for preparing the Committee's work on the subject, adopted its opinion on 4 April 2008. The rapporteur was Dr Bredima, the co-rapporteur was Mr Chagas.

At its 444th plenary session, held on 22 and 23 April 2008 (meeting of 22 April), the European Economic and Social Committee adopted the following opinion by 152 votes in favour with four abstentions.

1.   Conclusions and Recommendations

| 1.1 | The EESC appreciates the unique consultation process that has taken place on the Green Paper on A Future Maritime Policy for the Union: a European Vision of the Oceans and Seas and has actively contributed to it with its relevant opinion and participation in two conferences (1). |
| --- | --- |

1.1

The EESC appreciates the unique consultation process that has taken place on the Green Paper on A Future Maritime Policy for the Union: a European Vision of the Oceans and Seas and has actively contributed to it with its relevant opinion and participation in two conferences (1).

| 1.2 | The Communication stresses the importance of the human factor within the maritime cluster. The EESC is pleased with the agreement reached between the social partners (ETF and ECSA (2)) to incorporate provisions of the ILO (3) Maritime Labour Convention (2006) into Community law. It wishes the worldwide implementation of maritime labour standards ensuring a level playing field for all seafarers in accordance with the Convention as soon as possible. Equally important is that Member States ratify international instruments concerning the fishing sector including the ILO Work in Fishing Convention 2007. |
| --- | --- |

1.2

The Communication stresses the importance of the human factor within the maritime cluster. The EESC is pleased with the agreement reached between the social partners (ETF and ECSA (2)) to incorporate provisions of the ILO (3) Maritime Labour Convention (2006) into Community law. It wishes the worldwide implementation of maritime labour standards ensuring a level playing field for all seafarers in accordance with the Convention as soon as possible. Equally important is that Member States ratify international instruments concerning the fishing sector including the ILO Work in Fishing Convention 2007.

| 1.3 | The EESC endorses the review of exclusions affecting seafarers/fishermen from EU labour legislation in close cooperation with the social partners, and requires clarifications regarding the certificate of Maritime Excellence. Consideration should be given regarding the feasibility of a certificate of maritime excellence for seafarers compulsory in intra EU ferry services and voluntary for other services. |
| --- | --- |

1.3

The EESC endorses the review of exclusions affecting seafarers/fishermen from EU labour legislation in close cooperation with the social partners, and requires clarifications regarding the certificate of Maritime Excellence. Consideration should be given regarding the feasibility of a certificate of maritime excellence for seafarers compulsory in intra EU ferry services and voluntary for other services.

| 1.4 | The floating University provides a seaborne experience to students participating to its voyage. The idea of an ocean-going floating campus fits into wider trends and should be further explored by the Commission in the context of attracting quality students to pursue a maritime career (4). The lifestyle of seafarers should be urgently addressed and investigated by the EU social partners. |
| --- | --- |

1.4

The floating University provides a seaborne experience to students participating to its voyage. The idea of an ocean-going floating campus fits into wider trends and should be further explored by the Commission in the context of attracting quality students to pursue a maritime career (4). The lifestyle of seafarers should be urgently addressed and investigated by the EU social partners.

| 1.5 | In dealing with maritime accidents, future EU policy should be driven by the following considerations:






  — | Coastal states should bear their share in the responsibility chain for maritime safety and environmental protection. This will require a tightening of ship registers rules, a functional vigilance and assistance network helped by satellite tracking and well-equipped sea and air patrols. |
| --- | --- | --- |

1.5

In dealing with maritime accidents, future EU policy should be driven by the following considerations:

—

Coastal states should bear their share in the responsibility chain for maritime safety and environmental protection. This will require a tightening of ship registers rules, a functional vigilance and assistance network helped by satellite tracking and well-equipped sea and air patrols.

| — | The prevention of serious maritime accidents should not be biased against the human factor, by placing upon seafarers undue responsibilities. It should be based on an integrated system reducing the possibility of human errors (of the captain and the crew) through modern safety electronic devices and a search for improved design and equipment on board. Furthermore, a maritime legal system should distribute fairly and clearly the responsibilities between the seafaring professions, coastal surveillance, ship owners, shipping registers and maritime authorities. |
| --- | --- |

—

The prevention of serious maritime accidents should not be biased against the human factor, by placing upon seafarers undue responsibilities. It should be based on an integrated system reducing the possibility of human errors (of the captain and the crew) through modern safety electronic devices and a search for improved design and equipment on board. Furthermore, a maritime legal system should distribute fairly and clearly the responsibilities between the seafaring professions, coastal surveillance, ship owners, shipping registers and maritime authorities.

| 1.6 | The EESC reiterates that the shipping industry burns as bunkers the lower end of oil due to non availability of better quality of bunkers by refineries. It supports initiatives on a global basis to address the quality of bunkers in order to make a breakthrough in the issue of air emissions from ships. |
| --- | --- |

1.6

The EESC reiterates that the shipping industry burns as bunkers the lower end of oil due to non availability of better quality of bunkers by refineries. It supports initiatives on a global basis to address the quality of bunkers in order to make a breakthrough in the issue of air emissions from ships.

| 1.7 | The Communication and the Action Plan ignore the important share of pollution of the seas by oil due to pleasure craft activities, especially given the sensitivity of the coastal states where these craft most commonly operate (5). Moreover, the marine environmental pollution problem is exacerbated by the activities of military vessels — escaping from the scope of EU rules. |
| --- | --- |

1.7

The Communication and the Action Plan ignore the important share of pollution of the seas by oil due to pleasure craft activities, especially given the sensitivity of the coastal states where these craft most commonly operate (5). Moreover, the marine environmental pollution problem is exacerbated by the activities of military vessels — escaping from the scope of EU rules.

| 1.8 | Contamination of rivers and the seas (the Baltic and the Black Sea) from land based sources) is an issue where EU efforts should be stepped up. For reasons of political expediency, problems should be addressed at a multilateral rather than bilateral level. |
| --- | --- |

1.8

Contamination of rivers and the seas (the Baltic and the Black Sea) from land based sources) is an issue where EU efforts should be stepped up. For reasons of political expediency, problems should be addressed at a multilateral rather than bilateral level.

| 1.9 | The EU should play a leading role internationally regarding the tackling of environmental issues. There is scope for re-enforced cooperation and coordination of EU Member States positions in the context of international organisations without jeopardising their individual participation. The expertise input of EU Member States in international organisations is of high repute and this should not be undermined but rather enhanced. |
| --- | --- |

1.9

The EU should play a leading role internationally regarding the tackling of environmental issues. There is scope for re-enforced cooperation and coordination of EU Member States positions in the context of international organisations without jeopardising their individual participation. The expertise input of EU Member States in international organisations is of high repute and this should not be undermined but rather enhanced.

| 1.10 | Concerning the ‘European Space for Maritime Transport without barriers’, the EESC acknowledges the advantage that it has been affirmed as a virtual maritime area. In line with the EESC views the Communication stresses that the concept is only meant to be concerned with simplification of administrative and customs formalities and trade facilitation in the context of the single EU market. |
| --- | --- |

1.10

Concerning the ‘European Space for Maritime Transport without barriers’, the EESC acknowledges the advantage that it has been affirmed as a virtual maritime area. In line with the EESC views the Communication stresses that the concept is only meant to be concerned with simplification of administrative and customs formalities and trade facilitation in the context of the single EU market.

| 1.11 | The EESC endorses the symbolic message of the Communication that Europe is and has been a maritime nation. Nevertheless, it is still awaiting concrete measures to put it into action. |
| --- | --- |

1.11

The EESC endorses the symbolic message of the Communication that Europe is and has been a maritime nation. Nevertheless, it is still awaiting concrete measures to put it into action.

| 1.12 | The EESC reiterates the role it can play in the implementation of maritime policymaking including spatial planning, in promoting the EU maritime identity and maritime cultural heritage and in sensitising the European public opinion on global warming. |
| --- | --- |

1.12

The EESC reiterates the role it can play in the implementation of maritime policymaking including spatial planning, in promoting the EU maritime identity and maritime cultural heritage and in sensitising the European public opinion on global warming.

| 1.13 | The EESC endorses the proposals regarding the European network for maritime surveillance and the improved cooperation between Member States coast guards. Such measures will promote maritime safety and security, fisheries control and control of external borders and protect the marine environment.
  The EESC reiterates that a coordinated approach regarding bilateral ship boarding agreements with third countries is desirable to meet enhanced security considerations. It also urges EU action concerning the proliferation of incidents of armed robbery and piracy at sea against merchant vessels in South East Asia and Africa. |
| --- | --- |

1.13

The EESC endorses the proposals regarding the European network for maritime surveillance and the improved cooperation between Member States coast guards. Such measures will promote maritime safety and security, fisheries control and control of external borders and protect the marine environment.

The EESC reiterates that a coordinated approach regarding bilateral ship boarding agreements with third countries is desirable to meet enhanced security considerations. It also urges EU action concerning the proliferation of incidents of armed robbery and piracy at sea against merchant vessels in South East Asia and Africa.

2.   Introduction

| 2.1 | The present Communication on an Integrated Maritime Policy for the EU and the attached Action Plan, providing the future elaboration of 29 specific actions, take into account the opinions expressed by the EU institutions as well as the stakeholders on the relevant Green Paper. |
| --- | --- |

2.1

The present Communication on an Integrated Maritime Policy for the EU and the attached Action Plan, providing the future elaboration of 29 specific actions, take into account the opinions expressed by the EU institutions as well as the stakeholders on the relevant Green Paper.

| 2.2 | The unprecedented round of consultations launched under the Green Paper, ended in a wide consensus over the need for a holistic, integrated, cross sectoral, strategic approach vis-à-vis the oceans. The rationale of replacing fragmentation leading sometimes to unintended consequences by a broad vision deserves support. |
| --- | --- |

2.2

The unprecedented round of consultations launched under the Green Paper, ended in a wide consensus over the need for a holistic, integrated, cross sectoral, strategic approach vis-à-vis the oceans. The rationale of replacing fragmentation leading sometimes to unintended consequences by a broad vision deserves support.

| 2.3 | The EESC endorses the symbolic message of the Communication that Europe is and has been a maritime nation. The 29 measures of the Action Plan are all endorsed (subject to specific comments) but are not sufficient. |
| --- | --- |

2.3

The EESC endorses the symbolic message of the Communication that Europe is and has been a maritime nation. The 29 measures of the Action Plan are all endorsed (subject to specific comments) but are not sufficient.

3.   General observations

3.1   Environmental Aspects

| 3.1.1 | The EESC attaches great importance in maintaining the integrity of the marine environment and ensuring that the whole range of human activities that affect it do not result in its progressive degradation. |
| --- | --- |

3.1.1

The EESC attaches great importance in maintaining the integrity of the marine environment and ensuring that the whole range of human activities that affect it do not result in its progressive degradation.

| 3.1.2 | The EESC welcomes the Commission's plans to focus on making international co-operation more effective, improving policy integration, implementing existing legislation end encouraging environmental technologies (Sixth Community Environment Action Programme — 6EAP). Emphasis should be given to the implementation of the Convention for the Prevention of Marine Pollution from Land based Sources (6). |
| --- | --- |

3.1.2

The EESC welcomes the Commission's plans to focus on making international co-operation more effective, improving policy integration, implementing existing legislation end encouraging environmental technologies (Sixth Community Environment Action Programme — 6EAP). Emphasis should be given to the implementation of the Convention for the Prevention of Marine Pollution from Land based Sources (6).

| 3.1.3 | The accumulation of CO2 and other greenhouse gases in the atmosphere arising from excessive emissions is already leading to greater absorption of CO2 into the oceans, and this process is expected to continue. The resulting acidity of the oceans is likely to cause increasing stress to the marine environment. Research into these marine impacts needs to be further expanded along with research into the development of environmentally friendly methods for the re-absorption of CO2. Moreover, marine energy resources will be important in the diversification of Europe's energy supply. |
| --- | --- |

3.1.3

The accumulation of CO2 and other greenhouse gases in the atmosphere arising from excessive emissions is already leading to greater absorption of CO2 into the oceans, and this process is expected to continue. The resulting acidity of the oceans is likely to cause increasing stress to the marine environment. Research into these marine impacts needs to be further expanded along with research into the development of environmentally friendly methods for the re-absorption of CO2. Moreover, marine energy resources will be important in the diversification of Europe's energy supply.

| 3.1.4 | The Communication ignores the important share of pollution of the seas and rivers by oil due to pleasure craft activities, especially given the sensitivity of the coastal states where these craft most commonly operate (7). Furthermore, the marine environmental pollution problem is exacerbated by the activities of military vessels — escaping from the scope of EU rules — which are increasingly detrimental to the environment and tourism. |
| --- | --- |

3.1.4

The Communication ignores the important share of pollution of the seas and rivers by oil due to pleasure craft activities, especially given the sensitivity of the coastal states where these craft most commonly operate (7). Furthermore, the marine environmental pollution problem is exacerbated by the activities of military vessels — escaping from the scope of EU rules — which are increasingly detrimental to the environment and tourism.

| 3.1.5 | The EESC reiterates that the shipping industry burns as bunkers the lower end of oil due to non availability of better quality of bunkers by refineries. It supports initiatives on a global basis to address the quality of bunkers (8) in order to make a breakthrough in the issue of air emissions from ships. |
| --- | --- |

3.1.5

The EESC reiterates that the shipping industry burns as bunkers the lower end of oil due to non availability of better quality of bunkers by refineries. It supports initiatives on a global basis to address the quality of bunkers (8) in order to make a breakthrough in the issue of air emissions from ships.

| 3.1.6 | Sea and air pollution from all sources deteriorate the marine environment with health, social and economic repercussions. Sufficient measures to control and mitigate marine pollution from ships, including penalties to polluters, are in place and should be enforced rigorously. However, a similar framework is not in place to tackle pollution of the seas and rivers from other sources (e.g. industrial, urban, agricultural activities, pesticides). The EESC is concerned that if comprehensive and effective action is not taken, the health of coastal and marine tourism, Europe's biggest sea related industry, will be at stake. Such action would also help in maintaining the size and diversity of the life within the marine environment, including fish stocks. |
| --- | --- |

3.1.6

Sea and air pollution from all sources deteriorate the marine environment with health, social and economic repercussions. Sufficient measures to control and mitigate marine pollution from ships, including penalties to polluters, are in place and should be enforced rigorously. However, a similar framework is not in place to tackle pollution of the seas and rivers from other sources (e.g. industrial, urban, agricultural activities, pesticides). The EESC is concerned that if comprehensive and effective action is not taken, the health of coastal and marine tourism, Europe's biggest sea related industry, will be at stake. Such action would also help in maintaining the size and diversity of the life within the marine environment, including fish stocks.

| 3.1.7 | The EESC stresses the need to negotiate a bilateral agreement between the EU and South Mediterranean countries under the Annual Action Plans of the Neighbourhood Policy. The agreement will ensure that the third countries concerned will share the responsibility with EU Member States of maintaining clean seas by controlling air emissions and waste discharges into their rivers (e.g. the Nile Delta). The ultimate purpose would be to preserve the common heritage of the Mediterranean Sea. |
| --- | --- |

3.1.7

The EESC stresses the need to negotiate a bilateral agreement between the EU and South Mediterranean countries under the Annual Action Plans of the Neighbourhood Policy. The agreement will ensure that the third countries concerned will share the responsibility with EU Member States of maintaining clean seas by controlling air emissions and waste discharges into their rivers (e.g. the Nile Delta). The ultimate purpose would be to preserve the common heritage of the Mediterranean Sea.

3.2   Social Aspects

| 3.2.1 | The Communication stresses the importance of the human factor within the maritime cluster. In the search for the right balance between economic, social and environmental dimensions of a sustainable maritime policy in the Action Plan due care should be given to the social dimension. |
| --- | --- |

3.2.1

The Communication stresses the importance of the human factor within the maritime cluster. In the search for the right balance between economic, social and environmental dimensions of a sustainable maritime policy in the Action Plan due care should be given to the social dimension.

| 3.2.2 | The EESC is pleased with the agreement between the social partners (ETF and ECSA) to incorporate certain provisions of the ILO Maritime Labour Convention (2006) into Community law. It wishes the worldwide implementation of maritime labour standards ensuring a level playing field for all seafarers with the Convention as soon as possible. Equally important is that Member States ratify relevant international instruments concerning the fishing sector including the ILO Work in Fishing Convention 2007. |
| --- | --- |

3.2.2

The EESC is pleased with the agreement between the social partners (ETF and ECSA) to incorporate certain provisions of the ILO Maritime Labour Convention (2006) into Community law. It wishes the worldwide implementation of maritime labour standards ensuring a level playing field for all seafarers with the Convention as soon as possible. Equally important is that Member States ratify relevant international instruments concerning the fishing sector including the ILO Work in Fishing Convention 2007.

| 3.2.3 | Regarding the development of an Action Plan on the qualification of EU seafarers, the EESC draws attention to the review of the IMO STCW (9) Convention governing global training and certification standards. Any EU proposal should be consistent with the IMO/ILO regime. |
| --- | --- |

3.2.3

Regarding the development of an Action Plan on the qualification of EU seafarers, the EESC draws attention to the review of the IMO STCW (9) Convention governing global training and certification standards. Any EU proposal should be consistent with the IMO/ILO regime.

| 3.2.4 | The EESC endorses the review of exclusions affecting seafarers and fishermen from EU labour legislation in close cooperation with the social partners and requires clarifications regarding the certificate of Maritime Excellence. Consideration should be given regarding the feasibility of a certificate of maritime excellence for seafarers compulsory in intra EU ferry services and voluntary for other services. |
| --- | --- |

3.2.4

The EESC endorses the review of exclusions affecting seafarers and fishermen from EU labour legislation in close cooperation with the social partners and requires clarifications regarding the certificate of Maritime Excellence. Consideration should be given regarding the feasibility of a certificate of maritime excellence for seafarers compulsory in intra EU ferry services and voluntary for other services.

| 3.2.5 | The promotion of EU seafaring careers can only be effective if resources are put into higher quality standards, thus enhancing EU seafarers' competitive advantages on a quality basis rather than on costs. |
| --- | --- |

3.2.5

The promotion of EU seafaring careers can only be effective if resources are put into higher quality standards, thus enhancing EU seafarers' competitive advantages on a quality basis rather than on costs.

| 3.2.6 | The global increasing scarcity of skilled seafarers presents alarming consequences for the EU's marine safety infrastructure and will increase without concerted efforts by the EU and Member States to address it. Without such a supply, Europe will lack the knowledge and experience required for key safety-critical maritime activities (ship inspection, surveying, law, insurance, vessel traffic services, salvage, coastguards and pilotage). Moreover, maritime clusters may relocate to other regions. Ongoing actions have proven not to be sufficient and the EESC deplores that the Commission has no intention to address the issue before the end of 2009. |
| --- | --- |

3.2.6

The global increasing scarcity of skilled seafarers presents alarming consequences for the EU's marine safety infrastructure and will increase without concerted efforts by the EU and Member States to address it. Without such a supply, Europe will lack the knowledge and experience required for key safety-critical maritime activities (ship inspection, surveying, law, insurance, vessel traffic services, salvage, coastguards and pilotage). Moreover, maritime clusters may relocate to other regions. Ongoing actions have proven not to be sufficient and the EESC deplores that the Commission has no intention to address the issue before the end of 2009.

| 3.2.7 | The EESC is alarmed at the high drop rates from nautical colleges in some Member States and the early abandonment of a seafaring career by those already in the profession. The maritime vocation of the EU could be seriously jeopardised unless immediate attention is given to the present crisis; solutions in the context of a holistic strategy should be devised to make the seafaring profession more attractive. The career mapping opportunities exercise already conducted by the social partners (ECSA and ETF) should be further developed. ‘Attraction’ to the seafarers' profession should be coupled with measures for their ‘retention’. |
| --- | --- |

3.2.7

The EESC is alarmed at the high drop rates from nautical colleges in some Member States and the early abandonment of a seafaring career by those already in the profession. The maritime vocation of the EU could be seriously jeopardised unless immediate attention is given to the present crisis; solutions in the context of a holistic strategy should be devised to make the seafaring profession more attractive. The career mapping opportunities exercise already conducted by the social partners (ECSA and ETF) should be further developed. ‘Attraction’ to the seafarers' profession should be coupled with measures for their ‘retention’.

| 3.2.8 | The floating University provides a seaborne experience to students participating to its voyage. The idea of an ocean-going floating campus merits to be explored by the European Commission in the context of attracting quality students to pursue a maritime career. In the same way, schools of the ‘Harbor School’ (10) type could be set up in large European ports to teach children in primary — and possibly secondary — schools all the subjects by referring them to knowledge of the marine aquatic environment and boats, and the bases of navigation; this would be done on land, which is easier, but close to the sea. |
| --- | --- |

3.2.8

The floating University provides a seaborne experience to students participating to its voyage. The idea of an ocean-going floating campus merits to be explored by the European Commission in the context of attracting quality students to pursue a maritime career. In the same way, schools of the ‘Harbor School’ (10) type could be set up in large European ports to teach children in primary — and possibly secondary — schools all the subjects by referring them to knowledge of the marine aquatic environment and boats, and the bases of navigation; this would be done on land, which is easier, but close to the sea.

| 3.2.9 | The EESC requests the Commission to examine existing best practices in Member States at secondary education level concerning the attraction of future careers at sea. |
| --- | --- |

3.2.9

The EESC requests the Commission to examine existing best practices in Member States at secondary education level concerning the attraction of future careers at sea.

| 3.2.10 | In dealing with maritime accidents, future policy should be driven by the following considerations:






  — | Coastal states should bear their share in the responsibility chain for maritime safety and environmental protection. This will require a tightening of ship registers rules, a functional vigilance and assistance network helped by satellite tracking and well-equipped sea and air patrols. |
| --- | --- | --- |

3.2.10

In dealing with maritime accidents, future policy should be driven by the following considerations:

—

Coastal states should bear their share in the responsibility chain for maritime safety and environmental protection. This will require a tightening of ship registers rules, a functional vigilance and assistance network helped by satellite tracking and well-equipped sea and air patrols.

| — | The prevention of accidents at sea should not be biased against the human factor, by placing upon seafarers undue responsibilities. It should be based on an integrated system reducing the possibility of human errors (of the captain and the crew) through modern safety electronic devices and a search for improved design and equipment on board. The maritime legal system should distribute fairly and clearly the responsibilities between the seafaring professions, coastal surveillance, ship owners, shipping registers and maritime authorities. |
| --- | --- |

—

The prevention of accidents at sea should not be biased against the human factor, by placing upon seafarers undue responsibilities. It should be based on an integrated system reducing the possibility of human errors (of the captain and the crew) through modern safety electronic devices and a search for improved design and equipment on board. The maritime legal system should distribute fairly and clearly the responsibilities between the seafaring professions, coastal surveillance, ship owners, shipping registers and maritime authorities.

| 3.2.11 | Seafarers may undertake acts that go well beyond the scope of their normal duties under extremely hazardous weather conditions. As IMO Secretary General said ‘The elemental nature of the working environment occasionally places professional seafarers in the sorts of situation for which there can be little or no adequate preparation. How they respond is a test of true courage — that deserves to be acknowledged and recognised’ (11). The Commission is invited to take the above considerations into account when proposing future measures to deal with maritime accidents. |
| --- | --- |

3.2.11

Seafarers may undertake acts that go well beyond the scope of their normal duties under extremely hazardous weather conditions. As IMO Secretary General said ‘The elemental nature of the working environment occasionally places professional seafarers in the sorts of situation for which there can be little or no adequate preparation. How they respond is a test of true courage — that deserves to be acknowledged and recognised’ (11). The Commission is invited to take the above considerations into account when proposing future measures to deal with maritime accidents.

3.3   Economic Issues

| 3.3.1 | The future Communication on the EU Maritime Transport Policy (2008-2018) should create an appropriate framework attracting investments in shipping and contributing to enhance the global leadership of European shipping and its catalyst role for the maritime cluster. |
| --- | --- |

3.3.1

The future Communication on the EU Maritime Transport Policy (2008-2018) should create an appropriate framework attracting investments in shipping and contributing to enhance the global leadership of European shipping and its catalyst role for the maritime cluster.

| 3.3.2 | The EESC welcomes the Commission's recognition of the necessity of global rules for a global industry, the importance of international maritime regulation and the support for finding solutions to regulatory challenges at international bodies (such as IMO). Indeed, the global character of shipping, the global labour market in which shipping operates and the competitive position of European shipping in the global market are themes that should be taken into account. |
| --- | --- |

3.3.2

The EESC welcomes the Commission's recognition of the necessity of global rules for a global industry, the importance of international maritime regulation and the support for finding solutions to regulatory challenges at international bodies (such as IMO). Indeed, the global character of shipping, the global labour market in which shipping operates and the competitive position of European shipping in the global market are themes that should be taken into account.

| 3.3.3 | The need for improving the efficiency of existing port capacity and services and for more port capacity and better hinterland connections has to be reiterated. |
| --- | --- |

3.3.3

The need for improving the efficiency of existing port capacity and services and for more port capacity and better hinterland connections has to be reiterated.

| 3.3.4 | The EESC notes that its suggestions have been taken on board regarding the enhancement of ratification of IMO Conventions by EU Member States as well as internationally, and suggestions regarding port development, reducing the levels of air pollution from ships, the formation of multi-sectoral clusters and of a European network of maritime clusters. The vital role of European shipping for European and international trade and for the daily life of European citizens has also been recognised. |
| --- | --- |

3.3.4

The EESC notes that its suggestions have been taken on board regarding the enhancement of ratification of IMO Conventions by EU Member States as well as internationally, and suggestions regarding port development, reducing the levels of air pollution from ships, the formation of multi-sectoral clusters and of a European network of maritime clusters. The vital role of European shipping for European and international trade and for the daily life of European citizens has also been recognised.

| 3.3.5 | Concerning the ‘European Space for Maritime Transport without barriers’ in line with the EESC (12) views, the Communication stresses that the concept is only meant to be concerned with the creation of a virtual maritime space within which there will be a simplification of administrative and customs formalities and trade facilitation in the context of the single EU market. The EESC notes the consultation launched by the Commission with a view to decide on possible further proposals to efficiently implement the concept. |
| --- | --- |

3.3.5

Concerning the ‘European Space for Maritime Transport without barriers’ in line with the EESC (12) views, the Communication stresses that the concept is only meant to be concerned with the creation of a virtual maritime space within which there will be a simplification of administrative and customs formalities and trade facilitation in the context of the single EU market. The EESC notes the consultation launched by the Commission with a view to decide on possible further proposals to efficiently implement the concept.

| 3.3.6 | The EESC believes that there is scope for an enforced cooperation/coordination of EU Member States in international organisations without jeopardising their individual participation. The expertise input of EU Member States in international organisations is of high repute and should not be undermined but rather enhanced. |
| --- | --- |

3.3.6

The EESC believes that there is scope for an enforced cooperation/coordination of EU Member States in international organisations without jeopardising their individual participation. The expertise input of EU Member States in international organisations is of high repute and should not be undermined but rather enhanced.

| 3.3.7 | The EESC supports the goal of exercising the EU clout vis-à-vis third countries with a view to encouraging them to enforce and ratify major international maritime Conventions. European port state control should inspect both EU and third country vessels compliance with international environmental and social standards. |
| --- | --- |

3.3.7

The EESC supports the goal of exercising the EU clout vis-à-vis third countries with a view to encouraging them to enforce and ratify major international maritime Conventions. European port state control should inspect both EU and third country vessels compliance with international environmental and social standards.

4.   Specific Comments

4.1   Coastal Regions and Islands

| 4.1.1 | It is gratifying that the EESC proposals on the promotion of coastal tourism and data base on EU funding for coastal regions are taken on board. Islands should be moved at the centre of the EU preoccupations by following measures:






  — | improve the island infrastructure to encourage sea tourism; |
| --- | --- | --- |

4.1.1

It is gratifying that the EESC proposals on the promotion of coastal tourism and data base on EU funding for coastal regions are taken on board. Islands should be moved at the centre of the EU preoccupations by following measures:

—

improve the island infrastructure to encourage sea tourism;

| — | stretch the length of the touristic period for islands (through cultural activities and sport); |
| --- | --- |

—

stretch the length of the touristic period for islands (through cultural activities and sport);

| — | improve the communication between islands/mainland by means of new technology supported by EU funds; |
| --- | --- |

—

improve the communication between islands/mainland by means of new technology supported by EU funds;

| — | provide desalination plants which respect the balance of the natural environment to face the water scarcity which will become one of the main challenges to be faced in the Mediterranean area due to climate change. |
| --- | --- |

—

provide desalination plants which respect the balance of the natural environment to face the water scarcity which will become one of the main challenges to be faced in the Mediterranean area due to climate change.

4.2   The Arctic Ocean and Relations with Third Countries

| 4.2.1 | The EESC welcomes: proposals regarding increased cooperation in managing the Mediterranean and Black Seas, the enlargement and European Neighbourhood Policies and the Northern Dimension. |
| --- | --- |

4.2.1

The EESC welcomes: proposals regarding increased cooperation in managing the Mediterranean and Black Seas, the enlargement and European Neighbourhood Policies and the Northern Dimension.

| 4.2.2 | About 20 %-30 % of the world's undiscovered oil reserves lie beneath the Arctic Ocean. Due to climate change, Arctic shipping routes may open for much of the year by 2015. Opening the Arctic route is attractive for reasons of both distance and security: for instance, Shanghai to Rotterdam via the Arctic route is 1000 miles shorter than via Suez. Shorter shipping routes could significantly cut fuel consumption and emissions. The EESC notes that — in view of a host of legal and environmental problems involving several countries — a clarification of international law on sea ice will become imperative. In this context, it awaits with interest the announced report relating to the Arctic Ocean which will cover the geopolitical implications of climate change. The possible environmental impact of the use of new vessels routes through the Arctic should be studied in advance. |
| --- | --- |

4.2.2

About 20 %-30 % of the world's undiscovered oil reserves lie beneath the Arctic Ocean. Due to climate change, Arctic shipping routes may open for much of the year by 2015. Opening the Arctic route is attractive for reasons of both distance and security: for instance, Shanghai to Rotterdam via the Arctic route is 1000 miles shorter than via Suez. Shorter shipping routes could significantly cut fuel consumption and emissions. The EESC notes that — in view of a host of legal and environmental problems involving several countries — a clarification of international law on sea ice will become imperative. In this context, it awaits with interest the announced report relating to the Arctic Ocean which will cover the geopolitical implications of climate change. The possible environmental impact of the use of new vessels routes through the Arctic should be studied in advance.

4.3   Maritime Surveillance

| 4.3.1 | The EESC endorses the proposals regarding the European network for maritime surveillance and the improved cooperation between Member States coast guards. Such measures will promote maritime safety and security, fisheries control and control of external borders and protect the marine environment. |
| --- | --- |

4.3.1

The EESC endorses the proposals regarding the European network for maritime surveillance and the improved cooperation between Member States coast guards. Such measures will promote maritime safety and security, fisheries control and control of external borders and protect the marine environment.

4.4   Sea and River Contamination

| 4.4.1 | Contamination of rivers and the seas (the Baltic and the Black Sea) from land based sources is an issue where EU efforts should be stepped up in the Action Plan. For reasons of political expediency problems should be addressed at a multilateral rather than bilateral level. |
| --- | --- |

4.4.1

Contamination of rivers and the seas (the Baltic and the Black Sea) from land based sources is an issue where EU efforts should be stepped up in the Action Plan. For reasons of political expediency problems should be addressed at a multilateral rather than bilateral level.

4.5   Fisheries

| 4.5.1 | Given the alarming diminution or disappearance of marine species, the EESC stresses the necessity to rationally exploit the fishing resources. Proposals on fisheries management are in the right direction. Fishing being one of the most dangerous professions, more should be done in order to increase a safety culture among professionals. In particular, there is the need to address safety measures for fishing vessels of less than 24 meters length (this is a gap in existing international Conventions and EU Directives). The EESC points out that the necessary safeguarding of species has social consequences that should be treated as such: the commitment of fishermen to the sea is often in relation to their lack of resources and it is then that their life is on the line. |
| --- | --- |

4.5.1

Given the alarming diminution or disappearance of marine species, the EESC stresses the necessity to rationally exploit the fishing resources. Proposals on fisheries management are in the right direction. Fishing being one of the most dangerous professions, more should be done in order to increase a safety culture among professionals. In particular, there is the need to address safety measures for fishing vessels of less than 24 meters length (this is a gap in existing international Conventions and EU Directives). The EESC points out that the necessary safeguarding of species has social consequences that should be treated as such: the commitment of fishermen to the sea is often in relation to their lack of resources and it is then that their life is on the line.

| 4.5.2 | The physical and financial hazards of the fisherman's profession are serious and explain why so many are leaving the industry. EU projects and programmes are urgently required to develop the technology of fishing vessels. In the context of exchanging better practices on attractiveness of the fisherman's profession, the EESC commends a wide dissemination of the ‘Handbook for the prevention of accidents at sea and the safety of fishermen’ recently jointly published by the European social partners Europêche and ETF. Equally important is that Member States speed up the ratification process of the ILO Work in Fishing Convention, (June 2007). The ultimate purpose would be for fishing activities to become more sustainable and attractive. |
| --- | --- |

4.5.2

The physical and financial hazards of the fisherman's profession are serious and explain why so many are leaving the industry. EU projects and programmes are urgently required to develop the technology of fishing vessels. In the context of exchanging better practices on attractiveness of the fisherman's profession, the EESC commends a wide dissemination of the ‘Handbook for the prevention of accidents at sea and the safety of fishermen’ recently jointly published by the European social partners Europêche and ETF. Equally important is that Member States speed up the ratification process of the ILO Work in Fishing Convention, (June 2007). The ultimate purpose would be for fishing activities to become more sustainable and attractive.

4.6   Ship Recycling

| 4.6.1 | In its recent opinion on a Green Paper on Better Ship Dismantling COM(2007) 269, the EESC has expressed concern over ‘the serious worldwide shortage of dismantling facilities compatible with principles of environmental and social sustainability’. ‘The situation is aggravated by the huge number of ships going out of service following the global phasing out of single hull oil tankers’ (13). The improvement of the facilities and the working conditions in South Asia (where the vast majority of ship recycling is taking takes place) should be brought up to internationally acceptable standards. |
| --- | --- |

4.6.1

In its recent opinion on a Green Paper on Better Ship Dismantling COM(2007) 269, the EESC has expressed concern over ‘the serious worldwide shortage of dismantling facilities compatible with principles of environmental and social sustainability’. ‘The situation is aggravated by the huge number of ships going out of service following the global phasing out of single hull oil tankers’ (13). The improvement of the facilities and the working conditions in South Asia (where the vast majority of ship recycling is taking takes place) should be brought up to internationally acceptable standards.

| 4.6.2 | The EESC supports the progress at international level on dismantling obsolete ships in an efficient, safe and environmentally sustainable manner. The priority is the conclusion of a mandatory Convention by 2008/2009 and in the meantime promotion of the IMO guidelines. This internationally agreed benchmark would set clear obligations on ship owners to provide details of potentially hazardous materials on their ships, and establish minimum standards for the recycling yards in terms of health and safety provisions and the management of hazardous materials. |
| --- | --- |

4.6.2

The EESC supports the progress at international level on dismantling obsolete ships in an efficient, safe and environmentally sustainable manner. The priority is the conclusion of a mandatory Convention by 2008/2009 and in the meantime promotion of the IMO guidelines. This internationally agreed benchmark would set clear obligations on ship owners to provide details of potentially hazardous materials on their ships, and establish minimum standards for the recycling yards in terms of health and safety provisions and the management of hazardous materials.

4.7   Ship Boarding Agreements and Security

| 4.7.1 | Enhanced security considerations have prompted several EU Member States to conclude bilateral ship boarding agreements with third countries. The EESC reiterates that a coordinated approach of EU Member States to such initiatives is desirable as well as a coordinated division of labour between Member States including their navies in the application of such rules. An alternative could be the early ratification of the Suppression of Unlawful Acts (SUA) Protocols by EU Member States which include safeguards to protect the legitimate commercial interests of shipping operators and the human rights of seafarers. |
| --- | --- |

4.7.1

Enhanced security considerations have prompted several EU Member States to conclude bilateral ship boarding agreements with third countries. The EESC reiterates that a coordinated approach of EU Member States to such initiatives is desirable as well as a coordinated division of labour between Member States including their navies in the application of such rules. An alternative could be the early ratification of the Suppression of Unlawful Acts (SUA) Protocols by EU Member States which include safeguards to protect the legitimate commercial interests of shipping operators and the human rights of seafarers.

| 4.7.2 | The EESC expresses concern regarding the escalation of attacks on merchant vessels and the proliferation of incidents of armed robbery and piracy at sea particularly in South East Asia and Africa. It urges EU action so that commercial vessels are escorted by naval forces in dangerous waters. |
| --- | --- |

4.7.2

The EESC expresses concern regarding the escalation of attacks on merchant vessels and the proliferation of incidents of armed robbery and piracy at sea particularly in South East Asia and Africa. It urges EU action so that commercial vessels are escorted by naval forces in dangerous waters.

4.8   Shore Side Electricity

| 4.8.1 | As a measure to reduce emissions of green house gases from ships at berth the Commission proposes the use of shore-side electricity (Action Plan). By using shore-side electricity ships will not burn fuel and, thus, they will not emit pollutants (SOx, NOx, PM) and CO2. |
| --- | --- |

4.8.1

As a measure to reduce emissions of green house gases from ships at berth the Commission proposes the use of shore-side electricity (Action Plan). By using shore-side electricity ships will not burn fuel and, thus, they will not emit pollutants (SOx, NOx, PM) and CO2.

| 4.8.2 | The EESC supports the above proposal; however, it draws the attention to the following concerns: a single solution may not be suitable for all types of ships; shore side electricity may be generated in power plants burning fuels and coal and, thus, producing additional CO2 which may offset the benefit. That is why it prompts the Commission to take into account the above considerations in order to propose a sensible policy on a global basis. |
| --- | --- |

4.8.2

The EESC supports the above proposal; however, it draws the attention to the following concerns: a single solution may not be suitable for all types of ships; shore side electricity may be generated in power plants burning fuels and coal and, thus, producing additional CO2 which may offset the benefit. That is why it prompts the Commission to take into account the above considerations in order to propose a sensible policy on a global basis.

Brussels, 22 April 2008.

The President

of the European Economic and Social Committee

Dimitris DIMITRIADIS

---

(1)  OJ C 168, 20.7.2007, p. 50-56.

1

(2)  ETF: European Transport Workers Federation, ECSA: European Community Shipowners' Associations.

2

(3)  ILO: International Labour Organisation.

3

(4)  The Economist, 1.9.2007.

4

(5)  IMO/FAO/UNESCO-IOC/WMO/WHO/IAEA/UN/UNEP Joint Group of Experts on the Scientific Aspects of Marine Environmental Protection — GESAMP.

5

(6)  Paris, 4.6.1974 as amended by the Protocol of 26.3.1986. This convention has been replaced by the Convention for the Protection of the Marine Environment of the North East Atlantic (OSPAR), which was adopted in Paris in September 1992 and entered into force in March 1998.

6

(7)  IMO/FAO/UNESCO-IOC/WMO/WHO/IAEA/UN/UNEP Joint Group of Experts on the Scientific Aspects of Marine Environmental Protection — GESAMP.

7

(8)  Opinion of the European Economic and Social Committee on ‘Energy mix in Transport’ (TEN 305), CESE 269/2008, 13.2.2008.

8

Energy mix in Transport

(9)  IMO: International Maritime Organisation STCW: Standards of Training Certification and Watchkeeping of Seafarers.

9

(10)  See: ‘New York Harbor School’,

10

http://www.newyorkharborschool.org.

(11)  IMO Award for Exceptional Bravery at Sea, 19.11.2007.

11

(12)  Opinion on a ‘Green Paper towards a future Maritime Policy COM(2006) 275’, OJ C 168, 20.7.2007, p. 50-56; Opinion on a ‘Common EU ports policy’, OJ C 168, 20.7.2007, p. 57-62; Opinion on a ‘Motorways of the Sea in the Logistics chain’, TEN 297, CESE 1204/2007, 18.12.2007.

12

Green Paper towards a future Maritime Policy

Common EU ports policy

Motorways of the Sea in the Logistics chain

(13)  Opinion on a ‘Green Paper on Better Ship Dismantling’ COM(2007) 269, CESE 1701/2007 fin — 13.12.2007.

13

Green Paper on Better Ship Dismantling

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| 19.8.2008 | EN | Official Journal of the European Union | C 211/36 |
| --- | --- | --- | --- |

19.8.2008

EN

Official Journal of the European Union

C 211/36

---

Opinion of the European Economic and Social Committee on the ‘Proposal for a Regulation of the European Parliament and of the Council amending Council Regulation (EC) No 1172/98 on statistical returns in respect of the carriage of goods by road as regards the implementing powers conferred on the Commission’

COM(2007) 778 final — 2007/0269 (COD)

(2008/C 211/08)

On 27 February 2008 the Council decided to consult the European Economic and Social Committee, under Article 285(1) of the Treaty establishing the European Community, on the

Proposal for a Regulation of the European Parliament and of the Council amending Council Regulation (EC) No 1172/98 on statistical returns in respect of the carriage of goods by road as regards the implementing powers conferred on the Commission.

Since the Committee unreservedly endorses the content of the proposal and feels that it requires no comment on its part, it decided, at its 444th plenary session of 22 and 23 April 2008 (meeting of 22 April), by 145 votes and 2 abstentions, to issue an opinion (1) endorsing the proposed text.

Brussels, 22 April 2008

The President

of the European Economic and Social Committee

Dimitris DIMITRIADIS

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(1)  The opinion of the Committee on the regulatory procedure with scrutiny is currently under preparation [COM(2007) 741 final, COM(2007) 822 final, COM(2007) 824 final and COM(2008) 71 final].

1

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| 19.8.2008 | EN | Official Journal of the European Union | C 211/37 |
| --- | --- | --- | --- |

19.8.2008

EN

Official Journal of the European Union

C 211/37

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Opinion of the European Economic and Social Committee on the ‘Communication from the Commission to the Council, the European Parliament, the European Economic and Social Committee and the Committee of the Regions — Small, clean and competitive: A programme to help small and medium-sized enterprises comply with environmental legislation’

COM(2007) 379 final {SEC(2007) 906, SEC(2007) 907, SEC(2007) 908}

(2008/C 211/09)

On 8 October 2007 the European Commission decided to consult the European Economic and Social Committee, under Article 262 of the Treaty establishing the European Community, on the

Communication from the Commission to the Council, the European Parliament, the European Economic and Social Committee and the Committee of the Regions — Small, clean and competitive: A programme to help small and medium-sized enterprises comply with environmental legislation.

The Section for Agriculture, Rural Development and the Environment, which was responsible for preparing the Committee's work on the subject, adopted its opinion on 27 March 2008. The rapporteur was Mr Chiriaco.

At its 444th plenary session, held on 22 and 23 April 2008 (meeting of 22 April 2008), the European Economic and Social Committee adopted the following opinion by 109 votes with 7 abstentions.

1.   Conclusions and recommendations

| 1.1 | The EESC welcomes the Commission's initiative setting up a programme specifically designed to help SMEs comply with environmental legislation, given both the complexity of the legislation and the economic and social importance of SMEs within Europe's economy. In this context, however, the EESC points out that particular attention should be given to micro-businesses, given the structural difficulties that make them more vulnerable. |
| --- | --- |

1.1

The EESC welcomes the Commission's initiative setting up a programme specifically designed to help SMEs comply with environmental legislation, given both the complexity of the legislation and the economic and social importance of SMEs within Europe's economy. In this context, however, the EESC points out that particular attention should be given to micro-businesses, given the structural difficulties that make them more vulnerable.

| 1.2 | Aware of the complexity of environmental legislation, and hence of the difficulties faced by SMEs in complying, the EESC welcomes the development of instruments designed to make it easier to understand. Although over the last decade there has been increased attention on matters social, and particularly environmental, corporate responsibility is not yet perceived across the business world as contributing to a company's competitive edge. |
| --- | --- |

1.2

Aware of the complexity of environmental legislation, and hence of the difficulties faced by SMEs in complying, the EESC welcomes the development of instruments designed to make it easier to understand. Although over the last decade there has been increased attention on matters social, and particularly environmental, corporate responsibility is not yet perceived across the business world as contributing to a company's competitive edge.

| 1.3 | The EESC feels that the Commission's initiative setting up a programme to help SMEs comply with environmental legislation represents a very important first step. |
| --- | --- |

1.3

The EESC feels that the Commission's initiative setting up a programme to help SMEs comply with environmental legislation represents a very important first step.

| 1.4 | The Committee believes that the Commission needs to develop a proactive approach towards SMEs by establishing a structured system of cooperation for companies at local level. In this context, particular attention must be given to cross-border cooperation. |
| --- | --- |

1.4

The Committee believes that the Commission needs to develop a proactive approach towards SMEs by establishing a structured system of cooperation for companies at local level. In this context, particular attention must be given to cross-border cooperation.

| 1.5 | In particular, it is essential to:






  — | establish the uniformity of environmental legislation — given its highly complex nature — harmonising it at national level, with a view to greater legal consistency; |
| --- | --- | --- |

1.5

In particular, it is essential to:

—

establish the uniformity of environmental legislation — given its highly complex nature — harmonising it at national level, with a view to greater legal consistency;

| — | simplify and enhance the legal framework by, inter alia, making laws simpler and clearer; |
| --- | --- |

—

simplify and enhance the legal framework by, inter alia, making laws simpler and clearer;

| — | cut red tape and reduce administrative burdens; |
| --- | --- |

—

cut red tape and reduce administrative burdens;

| — | develop tailor-made, sectoral environmental management schemes, making them more accessible to SMEs; |
| --- | --- |

—

develop tailor-made, sectoral environmental management schemes, making them more accessible to SMEs;

| — | build expertise, particularly through SME bodies, by training local experts to provide professional assistance to SMEs; |
| --- | --- |

—

build expertise, particularly through SME bodies, by training local experts to provide professional assistance to SMEs;

| — | restructure the programme's financial resources towards greater simplicity and effectiveness; and |
| --- | --- |

—

restructure the programme's financial resources towards greater simplicity and effectiveness; and

| — | improve communication and information, particularly in terms of circulating the results of best practice. |
| --- | --- |

—

improve communication and information, particularly in terms of circulating the results of best practice.

2.   Gist of the Commission Communication

| 2.1 | Helping small and medium-sized companies (SMEs) use energy and resources efficiently is the aim of the Commission communication (1). It does this by providing a legal framework and measures that reinforce existing policies and initiatives in line with the particular characteristics of smaller companies. To this end the communication proposes to create a programme to help SMEs implement European environmental legislation. The programme will channel financial resources towards support networks, simplify access to environmental management systems, and promote greater awareness of environmental issues among these companies. |
| --- | --- |

2.1

Helping small and medium-sized companies (SMEs) use energy and resources efficiently is the aim of the Commission communication (1). It does this by providing a legal framework and measures that reinforce existing policies and initiatives in line with the particular characteristics of smaller companies. To this end the communication proposes to create a programme to help SMEs implement European environmental legislation. The programme will channel financial resources towards support networks, simplify access to environmental management systems, and promote greater awareness of environmental issues among these companies.

| 2.2 | While each individual SME employs fewer than 250 people, in total, there are some 23 million SMEs in the European Union, representing about 99 % of all EU enterprises and 57 % of the Union's total economic added value. Being responsible for such a large percentage of the EU economy's turnover, the impact of SMEs on the environment is significant. |
| --- | --- |

2.2

While each individual SME employs fewer than 250 people, in total, there are some 23 million SMEs in the European Union, representing about 99 % of all EU enterprises and 57 % of the Union's total economic added value. Being responsible for such a large percentage of the EU economy's turnover, the impact of SMEs on the environment is significant.

| 2.3 | Many companies are not aware of the impact their activities have on the environment and a majority actually think that their activities have little or no impact. SMEs also tend to believe that they are complying with legislation unless told otherwise. Under such circumstances the activities of SMEs may pose increased health and safety risks to workers as well as a significant threat to the environment. By not integrating environmental considerations into their economic activities, SMEs could also lose out on the economic benefits presented by better environmental management and eco-innovation. |
| --- | --- |

2.3

Many companies are not aware of the impact their activities have on the environment and a majority actually think that their activities have little or no impact. SMEs also tend to believe that they are complying with legislation unless told otherwise. Under such circumstances the activities of SMEs may pose increased health and safety risks to workers as well as a significant threat to the environment. By not integrating environmental considerations into their economic activities, SMEs could also lose out on the economic benefits presented by better environmental management and eco-innovation.

| 2.4 | The Environmental Compliance Assistance Programme proposed by the Commission is a set of measures that aim to ensure that SMEs minimise the environmental impact of their activities and to facilitate compliance with existing legislation. The programme intends to reduce the burden of compliance by designing instruments and policies to integrate environmental concerns into the core of SME activities. |
| --- | --- |

2.4

The Environmental Compliance Assistance Programme proposed by the Commission is a set of measures that aim to ensure that SMEs minimise the environmental impact of their activities and to facilitate compliance with existing legislation. The programme intends to reduce the burden of compliance by designing instruments and policies to integrate environmental concerns into the core of SME activities.

| 2.5 | The measures presented in the communication also cover the dissemination of information specifically targeted for SMEs, promoting support networks, and training activities that build local environmental expertise. |
| --- | --- |

2.5

The measures presented in the communication also cover the dissemination of information specifically targeted for SMEs, promoting support networks, and training activities that build local environmental expertise.

| 2.6 | Funding for the programme's measures will come from the LIFE+ budget (EUR 5 million for 2007-2013) with additional funds to be made available through the Competitiveness and Innovation framework Programme (CIP) and the Structural Funds. |
| --- | --- |

2.6

Funding for the programme's measures will come from the LIFE+ budget (EUR 5 million for 2007-2013) with additional funds to be made available through the Competitiveness and Innovation framework Programme (CIP) and the Structural Funds.

| 2.7 | A website providing information on EU environmental policy for SMEs is already available in seven languages and guides on energy efficiency, air emissions, waste production and emissions of pollutants into water and soil are planned. A handbook on funding opportunities will also be published. |
| --- | --- |

2.7

A website providing information on EU environmental policy for SMEs is already available in seven languages and guides on energy efficiency, air emissions, waste production and emissions of pollutants into water and soil are planned. A handbook on funding opportunities will also be published.

| 2.8 | The new network in support of business and innovation will participate in implementing the programme from 2008. This and other SME support networks will play an important role in helping SMEs translate European environmental policies into operational measures. |
| --- | --- |

2.8

The new network in support of business and innovation will participate in implementing the programme from 2008. This and other SME support networks will play an important role in helping SMEs translate European environmental policies into operational measures.

| 2.9 | The staff working document attached to the communication presents a selection of case studies and examples of good practice implemented by SMEs across Europe and the world. |
| --- | --- |

2.9

The staff working document attached to the communication presents a selection of case studies and examples of good practice implemented by SMEs across Europe and the world.

3.   General comments

| 3.1 | The EESC welcomes the Commission's programme, particularly for its recognition of the importance and value of SMEs to the economy and European society. |
| --- | --- |

3.1

The EESC welcomes the Commission's programme, particularly for its recognition of the importance and value of SMEs to the economy and European society.

| 3.2 | In view of this, the EESC stresses the importance of the decision of the Feira European Council of 19 and 20 June 2000 (2) to endorse the European Charter for small enterprises (3) and its statement that ‘small enterprises are the backbone of the European economy’ and that ‘they are a key source of jobs and a breeding ground for business ideas’. One of the priorities of the Charter is to enhance the growth and competitiveness of business, not only at local level, but also in the context of a globalised market. |
| --- | --- |

3.2

In view of this, the EESC stresses the importance of the decision of the Feira European Council of 19 and 20 June 2000 (2) to endorse the European Charter for small enterprises (3) and its statement that ‘small enterprises are the backbone of the European economy’ and that ‘they are a key source of jobs and a breeding ground for business ideas’. One of the priorities of the Charter is to enhance the growth and competitiveness of business, not only at local level, but also in the context of a globalised market.

| 3.3 | Companies must integrate environmental impact assessments into their management system. Therefore, given that the majority of SMEs — and particularly small and micro-businesses — generally do not apply an environmental policy, it will be necessary to introduce integrated environmental management whilst ensuring that administrative burdens are kept to a minimum. |
| --- | --- |

3.3

Companies must integrate environmental impact assessments into their management system. Therefore, given that the majority of SMEs — and particularly small and micro-businesses — generally do not apply an environmental policy, it will be necessary to introduce integrated environmental management whilst ensuring that administrative burdens are kept to a minimum.

| 3.4 | The first step is to increase awareness that these practices are not simply constraining or more costly but rather a means of improving a company's competitiveness and creating long-term added value. |
| --- | --- |

3.4

The first step is to increase awareness that these practices are not simply constraining or more costly but rather a means of improving a company's competitiveness and creating long-term added value.

| 3.5 | SMEs that manage to continually monitor these activities, for example through environmental management schemes, are also able to expand the management areas subject to controls and coordinate into a single strategic plan both the relevant economic and financial data and that relating to the company's social and environmental impact (4). In this way, besides the economic and environmental benefits ensuing from an efficient and rational use of resources, safety in the workplace is also safeguarded by changing the way work is organised. |
| --- | --- |

3.5

SMEs that manage to continually monitor these activities, for example through environmental management schemes, are also able to expand the management areas subject to controls and coordinate into a single strategic plan both the relevant economic and financial data and that relating to the company's social and environmental impact (4). In this way, besides the economic and environmental benefits ensuing from an efficient and rational use of resources, safety in the workplace is also safeguarded by changing the way work is organised.

| 3.6 | The EESC therefore agrees that a long-term strategy needs to be adopted and rapidly implemented by the Member States. |
| --- | --- |

3.6

The EESC therefore agrees that a long-term strategy needs to be adopted and rapidly implemented by the Member States.

4.   Specific comments

Comments on the measures proposed in the Commission's action plan

| 4.1 | Better regulation in design and implementation of policies: In this context, better regulation means increasing the involvement of SMEs in framing environmental policies that are based on best practice analysis. Best practices, when properly identified and promoted, represent the most economically efficient means of supporting the implementation of environmental legislation. The aims of reducing administrative burdens and cutting red tape at EU, national and regional levels and increasing clarity must not only be envisaged in terms of possible new legislation, but must also be a consideration in any revision of the current rules. |
| --- | --- |

4.1

Better regulation in design and implementation of policies: In this context, better regulation means increasing the involvement of SMEs in framing environmental policies that are based on best practice analysis. Best practices, when properly identified and promoted, represent the most economically efficient means of supporting the implementation of environmental legislation. The aims of reducing administrative burdens and cutting red tape at EU, national and regional levels and increasing clarity must not only be envisaged in terms of possible new legislation, but must also be a consideration in any revision of the current rules.

| 4.2 | More accessible tailor-made environmental management schemes: Integrating environmental concerns into strategic decisions with a view to growth and innovation will enable firms not only to comply with existing legislation, but also to pilot new, better practices taking account of both freedom of initiative and legal constraints to meet the specific requirements of small and micro-businesses. In particular, there is a need to encourage the adoption of environmental management schemes (such as EMAS or ISO). With regard to EMAS (European Eco-Management Audit Scheme), this could be achieved, for example, by inserting SME-friendly provisions into the relevant regulation, implementing the rules in line with the structure of SMEs (5), and gradually reducing inspections and requests for information from registered companies. All of this would be intended as an incentive for SMEs to come on board, given that currently only Italy, Germany and Spain are seeing a substantial level of registration. The EESC hopes that the Commission will take account of these proposals and of the EESC's opinion on climate change and civil society of July 2006 (6), particularly for the purposes of the current EMAS revision. Finally, the EESC calls on the Commission to seek useful elements within the various informal and non-codified instruments at local and regional level to expand the current environmental management schemes, as only the direct involvement of SMEs and SME bodies at local level can help change the current situation. |
| --- | --- |

4.2

More accessible tailor-made environmental management schemes: Integrating environmental concerns into strategic decisions with a view to growth and innovation will enable firms not only to comply with existing legislation, but also to pilot new, better practices taking account of both freedom of initiative and legal constraints to meet the specific requirements of small and micro-businesses. In particular, there is a need to encourage the adoption of environmental management schemes (such as EMAS or ISO). With regard to EMAS (European Eco-Management Audit Scheme), this could be achieved, for example, by inserting SME-friendly provisions into the relevant regulation, implementing the rules in line with the structure of SMEs (5), and gradually reducing inspections and requests for information from registered companies. All of this would be intended as an incentive for SMEs to come on board, given that currently only Italy, Germany and Spain are seeing a substantial level of registration. The EESC hopes that the Commission will take account of these proposals and of the EESC's opinion on climate change and civil society of July 2006 (6), particularly for the purposes of the current EMAS revision. Finally, the EESC calls on the Commission to seek useful elements within the various informal and non-codified instruments at local and regional level to expand the current environmental management schemes, as only the direct involvement of SMEs and SME bodies at local level can help change the current situation.

| 4.3 | Focused financial assistance and a multi-annual financial programme: The sheer number of financial instruments available may be confusing and may mean that the instruments do not function effectively. The EESC therefore hopes that the Commission will publish as soon as possible its planned handbook setting out new funding opportunities for projects that support improved environmental compliance and performance among SMEs. Taking a long-term view, the Committee believes that all SME-related measures should preferably come under a single budget heading. |
| --- | --- |

4.3

Focused financial assistance and a multi-annual financial programme: The sheer number of financial instruments available may be confusing and may mean that the instruments do not function effectively. The EESC therefore hopes that the Commission will publish as soon as possible its planned handbook setting out new funding opportunities for projects that support improved environmental compliance and performance among SMEs. Taking a long-term view, the Committee believes that all SME-related measures should preferably come under a single budget heading.

| 4.4 | Building local environmental expertise for SMEs: Professional experts are needed to provide technical assistance to SMEs. To this end, the EESC would stress the need to involve local SME bodies and the institutions. Furthermore, costs must be set at reasonable levels for the services provided, and SMEs must be able to train and avail themselves of in-house consultants. |
| --- | --- |

4.4

Building local environmental expertise for SMEs: Professional experts are needed to provide technical assistance to SMEs. To this end, the EESC would stress the need to involve local SME bodies and the institutions. Furthermore, costs must be set at reasonable levels for the services provided, and SMEs must be able to train and avail themselves of in-house consultants.

| 4.5 | Improved communication and more targeted information: The planned new multilingual website, linked to the SME portal (7), must become the main source of information for SME support networks on EU environmental policy and SMEs. The EESC considers it crucial to ensure immediate access to the information and direct contact between the EU institutions and SMEs. |
| --- | --- |

4.5

Improved communication and more targeted information: The planned new multilingual website, linked to the SME portal (7), must become the main source of information for SME support networks on EU environmental policy and SMEs. The EESC considers it crucial to ensure immediate access to the information and direct contact between the EU institutions and SMEs.

| 4.6 | The EESC welcomes the Commission's initiative in launching the Enterprise Europe Network — an important new European support network for businesses within the EU and beyond. The EESC considers it crucial that the EU continue to build up services to SMEs, particularly with regard to cross-border trade and investment; technological cooperation between SMEs and large companies; innovation; awareness of EU funding sources; and SME research programmes. |
| --- | --- |

4.6

The EESC welcomes the Commission's initiative in launching the Enterprise Europe Network — an important new European support network for businesses within the EU and beyond. The EESC considers it crucial that the EU continue to build up services to SMEs, particularly with regard to cross-border trade and investment; technological cooperation between SMEs and large companies; innovation; awareness of EU funding sources; and SME research programmes.

Brussels, 22 April 2008.

The President

of the European Economic and Social Committee

Dimitris DIMITRIADIS

---

(1)  COM(2007) 379 final.

1

(2)  http://www.consilium.europa.eu/ueDocs/cms_Data/docs/pressData/en/ec/00200-r1.en0.htm.

2

(3)  http://ec.europa.eu/enterprise/enterprise_policy/charter/docs/charter_en.pdf.

3

(4)  Cf. A comparative analysis of the environmental management, performance and innovation of SMEs and larger firms based on the OECD database, Julien Labonne, July 2006.

4

A comparative analysis of the environmental management, performance and innovation of SMEs and larger firms based on the OECD database

(5)  ‘Guidance to verifiers on the verification of SMEs, particularly small and micro-businesses’, in Appendix IV to the Commission Recommendation of 7 September 2001 on guidance for the implementation of Regulation (EC) No 761/2001 of the European Parliament and of the Council allowing voluntary participation by organisations in a Community eco-management and audit scheme (EMAS).

5

(6)  NAT/310 — Meeting the challenges of climate change — the role of civil society.

6

Meeting the challenges of climate change

the role of civil society

(7)  http://ec.europa.eu/enterprise/sme/index.htm.

7

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| 19.8.2008 | EN | Official Journal of the European Union | C 211/40 |
| --- | --- | --- | --- |

19.8.2008

EN

Official Journal of the European Union

C 211/40

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Opinion of the European Economic and Social Committee on the ‘Communication from the Commission to the Council, the European Parliament, the European Economic and Social Committee and the Committee of the Regions on the review of Recommendation 2001/331/EC providing minimum criteria for environmental inspections in the Member States’

COM(2007) 707 final

(2008/C 211/10)

On 14 November 2007 the Council decided to consult the European Economic and Social Committee, under Article 262 of the Treaty establishing the European Community, on the

Communication from the Commission to the Council, the European Parliament, the European Economic and Social Committee and the Committee of the Regions on the review of Recommendation 2001/331/EC providing minimum criteria for environmental inspections in the Member States.

The Section for Agriculture, Rural Development and the Environment, which was responsible for preparing the Committee's work on the subject, adopted its opinion on 27 March 2008. The rapporteur was Mr Zbořil.

At its 444th plenary session, held on 22 and 23 April 2008 (meeting of 22 April), the European Economic and Social Committee adopted the following opinion by 151 votes in favour with three abstentions.

1.   Conclusions and recommendations

| 1.1 | The EESC agrees with the Commission's view that the general framework for environmental inspection systems in Member States should remain in the form of a Recommendation. However, the Recommendation should be amended in order to improve its implementation and strengthen its effectiveness. In key areas, sectoral legislation means that the inspection activity, its implementation and methodology, are legally binding across the whole of the EU. |
| --- | --- |

1.1

The EESC agrees with the Commission's view that the general framework for environmental inspection systems in Member States should remain in the form of a Recommendation. However, the Recommendation should be amended in order to improve its implementation and strengthen its effectiveness. In key areas, sectoral legislation means that the inspection activity, its implementation and methodology, are legally binding across the whole of the EU.

| 1.2 | The Recommendation must be absolutely clear and comprehensible for its effective implementation. It is therefore important to clearly define the scope of environmental inspections taking into account the detected problems. |
| --- | --- |

1.2

The Recommendation must be absolutely clear and comprehensible for its effective implementation. It is therefore important to clearly define the scope of environmental inspections taking into account the detected problems.

| 1.3 | The definition, clarity and uniformity of terms are of major importance for the harmonisation of inspection activities across the whole territory of the Community and for providing a level playing field for businesses. There are many other examples of the use of these terms in other community legislation, for which the definition varies from one act to another. The definition of terms will therefore generally require closer attention. |
| --- | --- |

1.3

The definition, clarity and uniformity of terms are of major importance for the harmonisation of inspection activities across the whole territory of the Community and for providing a level playing field for businesses. There are many other examples of the use of these terms in other community legislation, for which the definition varies from one act to another. The definition of terms will therefore generally require closer attention.

| 1.4 | Clearer definition of criteria for planning, carrying out, following up and reporting on environmental inspections is also required. |
| --- | --- |

1.4

Clearer definition of criteria for planning, carrying out, following up and reporting on environmental inspections is also required.

| 1.5 | The use of modern management methods should be recommended for the system for managing the inspection activities. These methods would help focus inspection activities on key areas of importance for environmental protection, improve planning and could also contribute to the sustainable improvement of environmental protection. |
| --- | --- |

1.5

The use of modern management methods should be recommended for the system for managing the inspection activities. These methods would help focus inspection activities on key areas of importance for environmental protection, improve planning and could also contribute to the sustainable improvement of environmental protection.

| 1.6 | Further standardisation in access to information is required in accordance with current Community legislation. Information provided should give an overall picture of the facts uncovered by the inspection, the necessary corrective measures and details of their implementation. |
| --- | --- |

1.6

Further standardisation in access to information is required in accordance with current Community legislation. Information provided should give an overall picture of the facts uncovered by the inspection, the necessary corrective measures and details of their implementation.

| 1.7 | The IMPEL network must be supported in order to further strengthen international cooperation and ensure greater harmonisation in standards of inspection and enforcement. |
| --- | --- |

1.7

The IMPEL network must be supported in order to further strengthen international cooperation and ensure greater harmonisation in standards of inspection and enforcement.

2.   The Commission document

| 2.1 | Inspections are an important instrument for ensuring the implementation and enforcement of Community environmental legislation. In 2001, the European Parliament and Council adopted Recommendation 2001/331/EC providing for minimum criteria for environmental inspections in the Member States (1). |
| --- | --- |

2.1

Inspections are an important instrument for ensuring the implementation and enforcement of Community environmental legislation. In 2001, the European Parliament and Council adopted Recommendation 2001/331/EC providing for minimum criteria for environmental inspections in the Member States (1).

| 2.2 | The Recommendation contains legally binding criteria for planning, carrying out, following up and reporting on environmental inspections, which aim to strengthen compliance with Community law and to contribute to its more consistent implementation and enforcement in all Member States. |
| --- | --- |

2.2

The Recommendation contains legally binding criteria for planning, carrying out, following up and reporting on environmental inspections, which aim to strengthen compliance with Community law and to contribute to its more consistent implementation and enforcement in all Member States.

| 2.3 | The Commission has carried out a survey on the implementation and enforcement of this Recommendation, which will be used as a basis for drafting the new version of the Recommendation, to be submitted in 2008. |
| --- | --- |

2.3

The Commission has carried out a survey on the implementation and enforcement of this Recommendation, which will be used as a basis for drafting the new version of the Recommendation, to be submitted in 2008.

| 2.4 | All Member States submitted reports on the implementation of the Recommendation and a report on their experiences with its application. However, it should be noted that the application process for the Recommendation varied widely from State to State. While all Member States have implemented the Recommendation at least in part, only a small number have applied it fully. There are always large differences in the implementation of environmental inspections within the Community. Moreover, these differences lead to distortions of competition for businesses. |
| --- | --- |

2.4

All Member States submitted reports on the implementation of the Recommendation and a report on their experiences with its application. However, it should be noted that the application process for the Recommendation varied widely from State to State. While all Member States have implemented the Recommendation at least in part, only a small number have applied it fully. There are always large differences in the implementation of environmental inspections within the Community. Moreover, these differences lead to distortions of competition for businesses.

| 2.5 | Marked differences, which need to be eliminated, are particularly noticeable in the following areas: |
| --- | --- |

2.5

Marked differences, which need to be eliminated, are particularly noticeable in the following areas:

2.5.1   Definition of the scope

| 2.5.1.1 | The current scope focuses mainly on industrial and waste treatment installations and excludes many activities that are regulated under Community environmental legislation. In particular, the Recommendation does not contain criteria for the inspection of waste shipments. Transboundary shipments of waste are regulated at EU level by the Waste Shipment Regulation (2). The implementation of this Regulation is a high priority for the Commission. |
| --- | --- |

2.5.1.1

The current scope focuses mainly on industrial and waste treatment installations and excludes many activities that are regulated under Community environmental legislation. In particular, the Recommendation does not contain criteria for the inspection of waste shipments. Transboundary shipments of waste are regulated at EU level by the Waste Shipment Regulation (2). The implementation of this Regulation is a high priority for the Commission.

| 2.5.1.2 | The Recommendation also does not include criteria for the inspection of Natura 2000 sites. The Commission thus welcomes the creation of the Green Enforce Network, which aims at encouraging cooperation and exchange of experiences between Member States to facilitate the implementation of nature legislation. The Green Enforce Network is currently considering contributing to the further development of environmental inspections by developing criteria for the inspection of Natura 2000 sites. |
| --- | --- |

2.5.1.2

The Recommendation also does not include criteria for the inspection of Natura 2000 sites. The Commission thus welcomes the creation of the Green Enforce Network, which aims at encouraging cooperation and exchange of experiences between Member States to facilitate the implementation of nature legislation. The Green Enforce Network is currently considering contributing to the further development of environmental inspections by developing criteria for the inspection of Natura 2000 sites.

| 2.5.1.3 | Other environmental legislation to which the Recommendation is not applicable concerns the registration and authorisation of chemicals (REACH (3)), the restriction of certain hazardous substances in products (e.g. the RoHS Directive (4)), trade in endangered species (5) as well as activities related to genetically modified organisms and producer responsibility systems. |
| --- | --- |

2.5.1.3

Other environmental legislation to which the Recommendation is not applicable concerns the registration and authorisation of chemicals (REACH (3)), the restriction of certain hazardous substances in products (e.g. the RoHS Directive (4)), trade in endangered species (5) as well as activities related to genetically modified organisms and producer responsibility systems.

| 2.5.2 | Clarification of definitions: some terms used in the Recommendation are interpreted in different ways by Member States. Differing interpretations can be identified in particular for the following concepts:






  — | Inspection, control, audit |
| --- | --- | --- |

2.5.2

Clarification of definitions: some terms used in the Recommendation are interpreted in different ways by Member States. Differing interpretations can be identified in particular for the following concepts:

—

Inspection, control, audit

| — | Inspection authority |
| --- | --- |

—

Inspection authority

| — | Inspection plan, inspection programme |
| --- | --- |

—

Inspection plan, inspection programme

| — | Cross-border mechanism |
| --- | --- |

—

Cross-border mechanism

| — | Routine, non-routine inspections. |
| --- | --- |

—

Routine, non-routine inspections.

| 2.5.3 | Criteria for planning, carrying out, following up and reporting on inspections: the objective of the Recommendation is to strengthen compliance of controlled installations with environmental legislation and to achieve a high level of environmental protection. In order to achieve this, the Recommendation sets out criteria on how to plan, carry out, follow up and report on environmental inspections.






  — | Planning of inspections: the Recommendation provides for the establishment of inspection plans and sets out general criteria for these plans and their minimum content. In many Member States, however, inspection plans do not contain strategic elements but rather consist of lists of installations or sectors to be inspected in a certain time period. There seems to be a potential for further improving the planning of inspections in the Member States to make the best possible use of their available resources. Some Member States have already established advanced systems to plan inspections through the use of risk-based management approaches (6). |
| --- | --- | --- |

2.5.3

Criteria for planning, carrying out, following up and reporting on inspections: the objective of the Recommendation is to strengthen compliance of controlled installations with environmental legislation and to achieve a high level of environmental protection. In order to achieve this, the Recommendation sets out criteria on how to plan, carry out, follow up and report on environmental inspections.

—

Planning of inspections: the Recommendation provides for the establishment of inspection plans and sets out general criteria for these plans and their minimum content. In many Member States, however, inspection plans do not contain strategic elements but rather consist of lists of installations or sectors to be inspected in a certain time period. There seems to be a potential for further improving the planning of inspections in the Member States to make the best possible use of their available resources. Some Member States have already established advanced systems to plan inspections through the use of risk-based management approaches (6).

| — | Carrying out of inspections: the Recommendation states that site visits should be regularly carried out as part of the authorities' routine inspections and in the case of complaints, accidents, incidents or occurrences of non compliance and after issuing a permit and before reissue or renewal or modification of a permit. Criteria are set out describing how these site visits should be carried out. Although there are no major disparities between individual Member States, practices in this area should also be harmonised. |
| --- | --- |

—

Carrying out of inspections: the Recommendation states that site visits should be regularly carried out as part of the authorities' routine inspections and in the case of complaints, accidents, incidents or occurrences of non compliance and after issuing a permit and before reissue or renewal or modification of a permit. Criteria are set out describing how these site visits should be carried out. Although there are no major disparities between individual Member States, practices in this area should also be harmonised.

| — | Evaluation of inspection plans: evaluating the success of inspection plans has been recognised as an important tool to improve the planning of inspections. Some Member States have put in place sophisticated systems to evaluate the success of their inspection plans. These systems have helped them to define their future plans. |
| --- | --- |

—

Evaluation of inspection plans: evaluating the success of inspection plans has been recognised as an important tool to improve the planning of inspections. Some Member States have put in place sophisticated systems to evaluate the success of their inspection plans. These systems have helped them to define their future plans.

| 2.5.4 | Reporting: The first reporting exercise has produced a large amount of information showing how the Recommendation is implemented and applied in the Member States. The information is, however, not always comparable. A very clear uniform format for such a reporting system would need to be developed to ensure comparability of the data. |
| --- | --- |

2.5.4

Reporting: The first reporting exercise has produced a large amount of information showing how the Recommendation is implemented and applied in the Member States. The information is, however, not always comparable. A very clear uniform format for such a reporting system would need to be developed to ensure comparability of the data.

| 2.5.5 | Access to information: the Recommendation states that the inspection plans and the inspection reports should be made available to the public in accordance with the Community Directives in force. The reports have shown that several Member States make neither the inspection plans nor reports available. Information related to environmental inspections is covered by the requirements of Directive 2003/4/EC, so the legal obligation to make the information available exists already. The Directive also gives sufficient grounds for exemptions to refuse access to this information where other overriding interests need to be protected. Appropriate mechanisms will need to be developed to allow this right to be exercised. |
| --- | --- |

2.5.5

Access to information: the Recommendation states that the inspection plans and the inspection reports should be made available to the public in accordance with the Community Directives in force. The reports have shown that several Member States make neither the inspection plans nor reports available. Information related to environmental inspections is covered by the requirements of Directive 2003/4/EC, so the legal obligation to make the information available exists already. The Directive also gives sufficient grounds for exemptions to refuse access to this information where other overriding interests need to be protected. Appropriate mechanisms will need to be developed to allow this right to be exercised.

2.6   Proposed way forward

In the opinion of the Commission, the lack of full implementation of the Recommendation makes it necessary to consider establishing legally binding requirements for environmental inspections. In addition, there is a need to clarify the general criteria for environmental inspections and to provide further guidance and exchange of information on their implementation. Accordingly, the following actions are proposed:

| 2.6.1 | Revision of the Recommendation: the Recommendation should be seen as a general framework for environmental inspection systems in Member States. Its criteria are of a general nature. Due to this very general and descriptive nature of the criteria, it does not seem appropriate to transform them into legally binding requirements. However, the Recommendation should be amended in order to improve its implementation and strengthen its effectiveness. |
| --- | --- |

2.6.1

Revision of the Recommendation: the Recommendation should be seen as a general framework for environmental inspection systems in Member States. Its criteria are of a general nature. Due to this very general and descriptive nature of the criteria, it does not seem appropriate to transform them into legally binding requirements. However, the Recommendation should be amended in order to improve its implementation and strengthen its effectiveness.

| 2.6.2 | Sectoral inspection requirements: In addition to the general criteria for environmental inspections set out in the Recommendation, specific legally binding requirements for the inspection of certain installations or activities should be included in sectoral pieces of legislation. Legally binding requirements are necessary to ensure that a higher political priority is given to inspections and that environmental legislation is better enforced throughout the Community. Sectoral inspection requirements can be complementary to the Recommendation or they can concern installations or activities that are not covered by the Recommendation. |
| --- | --- |

2.6.2

Sectoral inspection requirements: In addition to the general criteria for environmental inspections set out in the Recommendation, specific legally binding requirements for the inspection of certain installations or activities should be included in sectoral pieces of legislation. Legally binding requirements are necessary to ensure that a higher political priority is given to inspections and that environmental legislation is better enforced throughout the Community. Sectoral inspection requirements can be complementary to the Recommendation or they can concern installations or activities that are not covered by the Recommendation.

| 2.6.2.1 | As part of the review of the IPPC Directive (7), which is on the 2007 Commission Legislative Work Programme, and based on the analysis of the implementation of this legislation, the Commission will consider ways to secure a better compliance framework to ensure more consistency and confidence in Member States' inspection of IPPC installations. |
| --- | --- |

2.6.2.1

As part of the review of the IPPC Directive (7), which is on the 2007 Commission Legislative Work Programme, and based on the analysis of the implementation of this legislation, the Commission will consider ways to secure a better compliance framework to ensure more consistency and confidence in Member States' inspection of IPPC installations.

| 2.6.2.2 | The Commission is considering proposing specific legally binding rules for inspections of waste shipments. Specific criteria should be defined to ensure sufficient quality and frequency of inspections and provide for appropriate training and co-operation among authorities. |
| --- | --- |

2.6.2.2

The Commission is considering proposing specific legally binding rules for inspections of waste shipments. Specific criteria should be defined to ensure sufficient quality and frequency of inspections and provide for appropriate training and co-operation among authorities.

| 2.6.3 | Development of guidance and cooperation between Member States: IMPEL has carried out a long list of projects which aim to strengthen the cooperation and encourage the exchange of information between Member States on environmental inspections (8). The Commission has actively supported and participated in these projects. All these initiatives have had a positive impact on the strengthening of inspections in the Community and IMPEL should be encouraged to continue such projects. |
| --- | --- |

2.6.3

Development of guidance and cooperation between Member States: IMPEL has carried out a long list of projects which aim to strengthen the cooperation and encourage the exchange of information between Member States on environmental inspections (8). The Commission has actively supported and participated in these projects. All these initiatives have had a positive impact on the strengthening of inspections in the Community and IMPEL should be encouraged to continue such projects.

3.   General comments

| 3.1 | The EESC welcomes the Commission's Communication on the review of Recommendation 2001/331/EC providing for minimum criteria for environmental inspections in the Member States, and appreciates the efforts (9) made to undertake a study on the application of this Recommendation. |
| --- | --- |

3.1

The EESC welcomes the Commission's Communication on the review of Recommendation 2001/331/EC providing for minimum criteria for environmental inspections in the Member States, and appreciates the efforts (9) made to undertake a study on the application of this Recommendation.

| 3.2 | Environmental inspections constitute an important element of the executive power of each state in environmental protection. It is appropriate that they pay ensure the application of not only national environmental protection policy but also the Community's common principles in environmental policy, in a way which is as balanced as possible, whatever legal entity is given the responsibility for carrying out inspections in a given Member State. |
| --- | --- |

3.2

Environmental inspections constitute an important element of the executive power of each state in environmental protection. It is appropriate that they pay ensure the application of not only national environmental protection policy but also the Community's common principles in environmental policy, in a way which is as balanced as possible, whatever legal entity is given the responsibility for carrying out inspections in a given Member State.

| 3.3 | The EESC is aware that it is vital to strengthen compliance with Community environmental law and to contribute to its more consistent implementation and enforcement in all Member States, to ensure that the agreed and applied minimum criteria contribute to creating a level playing field in the future, in particular with regard to competition. |
| --- | --- |

3.3

The EESC is aware that it is vital to strengthen compliance with Community environmental law and to contribute to its more consistent implementation and enforcement in all Member States, to ensure that the agreed and applied minimum criteria contribute to creating a level playing field in the future, in particular with regard to competition.

| 3.4 | The EESC believes that further debate with stakeholders regarding the communication will offer insights necessary for creating an optimal framework for inspection activities, which will be both clear and well enforced throughout the Community. |
| --- | --- |

3.4

The EESC believes that further debate with stakeholders regarding the communication will offer insights necessary for creating an optimal framework for inspection activities, which will be both clear and well enforced throughout the Community.

4.   Specific comments

| 4.1 | The recommendation must be absolutely clear and comprehensible for effective implementation. The EESC is therefore delighted that the Commission intends to draw attention to this point. |
| --- | --- |

4.1

The recommendation must be absolutely clear and comprehensible for effective implementation. The EESC is therefore delighted that the Commission intends to draw attention to this point.

| 4.1.1 | The EESC believes that it is essential that the scope of environmental inspections is well defined, covering important problem areas, without undermining the flexibility of the inspection systems or specific national approaches. However, only those national approaches that are required under specific national objectives for environmental protection should be applied. |
| --- | --- |

4.1.1

The EESC believes that it is essential that the scope of environmental inspections is well defined, covering important problem areas, without undermining the flexibility of the inspection systems or specific national approaches. However, only those national approaches that are required under specific national objectives for environmental protection should be applied.

| 4.1.2 | Whenever specific Community legislative acts provide for inspection activities, these should be governed by a specific legislative act, to avoid differences of interpretation. |
| --- | --- |

4.1.2

Whenever specific Community legislative acts provide for inspection activities, these should be governed by a specific legislative act, to avoid differences of interpretation.

| 4.1.3 | It can be seen from the Communication that differences in the definition, clarity and uniformity of terms are of major importance for the harmonisation of inspection activities across the whole territory of the Community and for providing a level playing field. If uniform application of the Recommendation is to be achieved, it is absolutely essential that the basic terms are precisely defined in order to allow harmonisation and to establish links to other legislation. |
| --- | --- |

4.1.3

It can be seen from the Communication that differences in the definition, clarity and uniformity of terms are of major importance for the harmonisation of inspection activities across the whole territory of the Community and for providing a level playing field. If uniform application of the Recommendation is to be achieved, it is absolutely essential that the basic terms are precisely defined in order to allow harmonisation and to establish links to other legislation.

| 4.1.4 | The EESC therefore also draws attention to the fact that there are many other examples of the use of these terms in other community legislation, for which the definition varies from one act to another. The definition of terms will therefore generally require closer attention. |
| --- | --- |

4.1.4

The EESC therefore also draws attention to the fact that there are many other examples of the use of these terms in other community legislation, for which the definition varies from one act to another. The definition of terms will therefore generally require closer attention.

| 4.2 | In addition, the EESC considers it essential to determine the criteria for planning, carrying out, following up and reporting on inspections, while also preserving the necessary flexibility for specific inspection activities to be undertaken. A reporting system that is as simple and clear as possible should be established to provide comparable information on how inspection systems function and whether they achieve the objective of improving compliance with environmental legislation. |
| --- | --- |

4.2

In addition, the EESC considers it essential to determine the criteria for planning, carrying out, following up and reporting on inspections, while also preserving the necessary flexibility for specific inspection activities to be undertaken. A reporting system that is as simple and clear as possible should be established to provide comparable information on how inspection systems function and whether they achieve the objective of improving compliance with environmental legislation.

| 4.3 | The use of modern management methods should be recommended for the system for managing the inspection activities, as such methods have shown positive results in some Member States. These methods would help focus inspection activities on key areas of importance for environmental protection, improve planning and could also contribute to the sustainable improvement of environmental protection. |
| --- | --- |

4.3

The use of modern management methods should be recommended for the system for managing the inspection activities, as such methods have shown positive results in some Member States. These methods would help focus inspection activities on key areas of importance for environmental protection, improve planning and could also contribute to the sustainable improvement of environmental protection.

| 4.4 | The EESC recommends further standardisation in access to information in accordance with current Community legislation to respect the specific level of access to information in the Member States. The provision of such information should not hamper the inspection activities and the information provided should give an overall picture of the facts uncovered by the inspection, the necessary corrective measures and details of their implementation. |
| --- | --- |

4.4

The EESC recommends further standardisation in access to information in accordance with current Community legislation to respect the specific level of access to information in the Member States. The provision of such information should not hamper the inspection activities and the information provided should give an overall picture of the facts uncovered by the inspection, the necessary corrective measures and details of their implementation.

| 4.5 | The EESC agrees with the Commission's view that the general framework for environmental inspection systems in Member States should remain in the form of a Recommendation. Indeed, given the very general and descriptive nature of the criteria, it does not seem appropriate to transform them into legally binding requirements. However, in order to improve its implementation and strengthen its effectiveness, the Recommendation should be amended. |
| --- | --- |

4.5

The EESC agrees with the Commission's view that the general framework for environmental inspection systems in Member States should remain in the form of a Recommendation. Indeed, given the very general and descriptive nature of the criteria, it does not seem appropriate to transform them into legally binding requirements. However, in order to improve its implementation and strengthen its effectiveness, the Recommendation should be amended.

| 4.6 | This opinion is based on the fact that a considerable amount of current and forthcoming Community legislation includes conditions and criteria for carrying out inspection activities specific to particular sectors. This legislation means that the inspection activity, its implementation and methodology, are legally binding across the whole of the EU. |
| --- | --- |

4.6

This opinion is based on the fact that a considerable amount of current and forthcoming Community legislation includes conditions and criteria for carrying out inspection activities specific to particular sectors. This legislation means that the inspection activity, its implementation and methodology, are legally binding across the whole of the EU.

| 4.7 | The EESC considers that the IMPEL network must be supported if international cooperation is to be further strengthened. The network has drawn up many documents with guidelines for planning and carrying out inspections. In addition, the network has organised exchanges of information and experience between inspectors. The professional activities of the IMPEL network could contribute a considerable amount, in particular through specific projects, as was the case in the past. IMPEL might play a useful role in facilitation of common training and professional development. It might also be useful to develop a central unit for the compilation of Europe — wide statistics and other information instruments about inspection and enforcement activities throughout Europe. |
| --- | --- |

4.7

The EESC considers that the IMPEL network must be supported if international cooperation is to be further strengthened. The network has drawn up many documents with guidelines for planning and carrying out inspections. In addition, the network has organised exchanges of information and experience between inspectors. The professional activities of the IMPEL network could contribute a considerable amount, in particular through specific projects, as was the case in the past. IMPEL might play a useful role in facilitation of common training and professional development. It might also be useful to develop a central unit for the compilation of Europe — wide statistics and other information instruments about inspection and enforcement activities throughout Europe.

Brussels, 22 April 2008.

The President

of the European Economic and Social Committee

Dimitris DIMITRIADIS

---

(1)  OJ L 118, 27.4.2001, p. 41.

1

(2)  Regulation (EC) No 1013/2006 on shipments of waste, OJ L 190, 12.7.2006, p. 1.

2

(3)  Regulation (EC) No 1907/2006 of the European Parliament and of the Council of 18 December 2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH), establishing a European Chemicals Agency, amending Directive 1999/45/EC and repealing Council Regulation (EC) No 793/93 and Commission Regulation No 1488/94 as well as Council Directive 76/769/EEC and Commission Directives 91/155/EEC, 93/67/EEC, 93/105/EC and 2000/21/EC, OJ L 396, 30.12.2006, p. 1.

3

(4)  Directive 2002/95/EC of the European Parliament and the Council on the restriction of the use of certain hazardous substances in electrical and electronic equipment, OJ L 37, 13.2.2003, p. 19.

4

(5)  Council Regulation (EC) No 338/97 on the protection of species of wild fauna and flora by regulating trade therein, OJ L 61, 3.3.1997, p. 1.

5

(6)  One example of such an approach is the UK Operator and Pollution Risk Appraisal (OPRA) system.

6

(7)  Directive 96/61/EC on the prevention and control of pollution.

7

(8)  For further information see the IMPEL website:

8

http://ec.europa.eu/environment/impel/index.htm.

(9)  Commission Staff Working Paper — on the application of Recommendation 2001/331/EC providing for minimum criteria for environmental inspections in the Member States.

9

---

| 19.8.2008 | EN | Official Journal of the European Union | C 211/44 |
| --- | --- | --- | --- |

19.8.2008

EN

Official Journal of the European Union

C 211/44

---

Opinion of the European Economic and Social Committee on the ‘Proposal for a Directive of the European Parliament and of the Council on foodstuffs intended for particular nutritional uses (Recast)’

COM(2008) 3 final — 2008/0003 (COD)

(2008/C 211/11)

On 30 January 2008 the Council decided to consult the European Economic and Social Committee, under Article 95 of the Treaty establishing the European Community, on the

Proposal for a Directive of the European Parliament and of the Council on foodstuffs intended for particular nutritional uses (Recast).

Since the Committee unreservedly endorses the contents of the proposal and has already set out its views on the subject in its earlier opinion, adopted on 17 September 1986 (1), and in the opinion EESC 848/2004, adopted on 2 June 2004 (2), it decided, at its 444th plenary session, held on 22 and 23 April 2008 (meeting of 22 April 2008), by 148 votes in favour and 3 abstentions to issue an opinion endorsing the proposal and to refer to the position it had taken in the above-mentioned documents.

The opinion of the Committee on the regulatory procedure with scrutiny is currently under preparation [COM(2007) 741 final, COM(2007) 822 final, COM(2007) 824 final and COM(2008) 71 final].

Brussels, 22 April 2008.

The President

of the European Economic and Social Committee

Dimitris DIMITRIADIS

---

(1)  Opinion of the Economic and Social Committee on the Proposal for a Council Directive on the approximation of the laws of the Member States relating to foodstuffs intended for particular nutritional uses (OJ C 328 of 22.12.1986, p. 9).

1

Proposal for a Council Directive on the approximation of the laws of the Member States relating to foodstuffs intended for particular nutritional uses

(2)  Opinion of the European Economic and Social Committee on the Proposal for a Directive of the European Parliament and of the Council on foodstuffs intended for particular nutritional uses (codified version) — COM(2004) 290 final (OJ C 241 of 28.9.2004, p. 23).

2

Proposal for a Directive of the European Parliament and of the Council on foodstuffs intended for particular nutritional uses (codified version)

---

| 19.8.2008 | EN | Official Journal of the European Union | C 211/45 |
| --- | --- | --- | --- |

19.8.2008

EN

Official Journal of the European Union

C 211/45

---

Opinion of the European Economic and Social Committee on the ‘Adaptation to the regulatory procedure with scrutiny — Proposal for a Regulation of the European Parliament and of the Council amending Regulation (EC) No 338/97 on the protection of species of wild fauna and flora by regulating trade therein as regards the implementing powers conferred on the Commission’

COM(2008) 104 final — 2008/0042 (COD)

(2008/C 211/12)

On 17 March 2008 the Council decided to consult the European Economic and Social Committee, under Article 175(1) of the Treaty establishing the European Community, on the

Adaptation to the regulatory procedure with scrutiny — Proposal for a Regulation of the European Parliament and of the Council amending Regulation (EC) No 338/97 on the protection of species of wild fauna and flora by regulating trade therein as regards the implementing powers conferred on the Commission.

Since the Committee unreservedly endorses the contents of the proposal and has already set out its views on the subject in its earlier opinion, adopted on the 26 May 1992 (1), it decided, at its 444th plenary session, held on 22 and 23 April 2008 (meeting of 22 April 2008), by 146 votes in favour and 2 abstentions to issue an opinion endorsing the proposal and to refer to the position it had taken in the above-mentioned documents.

The opinion of the Committee on the regulatory procedure with scrutiny is currently under preparation [COM(2007) 741 final, COM(2007) 822 final, COM(2007) 824 final and COM(2008) 71 final].

Brussels, 22 April 2008.

The President

of the European Economic and Social Committee

Dimitris DIMITRIADIS

---

(1)  Opinion on the Proposal for a Council Regulation (EEC) laying down provisions with regard to possession of and trade in specimen of species of wild fauna and flora — OJ C 223, 31.8.1992, p. 19.

1

Proposal for a Council Regulation (EEC) laying down provisions with regard to possession of and trade in specimen of species of wild fauna and flora

---

| 19.8.2008 | EN | Official Journal of the European Union | C 211/46 |
| --- | --- | --- | --- |

19.8.2008

EN

Official Journal of the European Union

C 211/46

---

Opinion of the European Economic and Social Committee on the ‘Adaptation to the regulatory procedure with scrutiny — Proposal for a Directive of the European Parliament and of the Council amending, as regards the implementing powers conferred on the Commission, Council Directive 79/409/EEC on the conservation of wild birds’

COM(2008) 105 final — 2008/0038 (COD)

(2008/C 211/13)

On 10 March 2008 the Council decided to consult the European Economic and Social Committee, under Article 175(1) of the Treaty establishing the European Community, on the

Adaptation to the regulatory procedure with scrutiny — Proposal for a Directive of the European Parliament and of the Council amending, as regards the implementing powers conferred on the Commission, Council Directive 79/409/EEC on the conservation of wild birds.

Since the Committee unreservedly endorses the contents of the proposal and has already set out its views on the subject in its earlier opinion, adopted on 25 May 1977 (1) and the opinion adopted on the 14 September 1994 (2), it decided, at its 444th plenary session, held on 22 and 23 April 2008 (meeting of 22 April 2008), by 143 votes in favour and 5 abstentions to issue an opinion endorsing the proposal and to refer to the position it had taken in the above-mentioned documents.

The opinion of the Committee on the regulatory procedure with scrutiny is currently under preparation [COM(2007) 741 final, COM(2007) 822 final, COM(2007) 824 final and COM(2008) 71 final].

Brussels, 22 April 2008.

The President

of the European Economic and Social Committee

Dimitris DIMITRIADIS

---

(1)  Opinion of the Economic and Social Committee on the ‘Proposal for a Council Directive on bird conservation’ — OJ C 152, 29.6.1977, p. 3.

1

Proposal for a Council Directive on bird conservation

(2)  Opinion on the ‘Proposal for a Council Directive amending Directive 79/409/EEC on the conservation of wild birds (94/C 393/19)’ — OJ C 393, 31.12.1994, p. 93.

2

Proposal for a Council Directive amending Directive 79/409/EEC on the conservation of wild birds (94/C 393/19)

---

| 19.8.2008 | EN | Official Journal of the European Union | C 211/47 |
| --- | --- | --- | --- |

19.8.2008

EN

Official Journal of the European Union

C 211/47

---

Opinion of the European Economic and Social Committee on the ‘Proposal for a Regulation of the European Parliament and of the Council amending Regulation (EC) No 999/2001 (laying down rules for the prevention, control and eradication of certain transmissible spongiform encephalopathies) as regards the implementing powers conferred on the Commission’

COM(2008) 53 final — 2008/0030 (COD)

(2008/C 211/14)

On 22 February 2008 the Council decided to consult the European Economic and Social Committee, under Article 152(4)(b) of the Treaty establishing the European Community, on the

Proposal for a Regulation of the European Parliament and of the Council amending Regulation (EC) No 999/2001 (laying down rules for the prevention, control and eradication of certain transmissible spongiform encephalopathies) as regards the implementing powers conferred on the Commission.

Since the Committee unreservedly endorses the contents of the proposal and has already set out its views on the subject in its earlier opinions, adopted on the 7 July 1999 (1) and on 9 March 2005 (2), it decided, at its 444th plenary session, held on 22 and 23 April 2008 (meeting of 22 April 2008), by 154 votes in favour and 2 abstentions to issue an opinion endorsing the proposal and to refer to the position it had taken in the above-mentioned documents.

The opinion of the Committee on the regulatory procedure with scrutiny is currently under preparation [COM(2007) 741 final, COM(2007) 822 final, COM(2007) 824 final and COM(2008) 71 final].

Brussels, 22 April 2008.

The President

of the European Economic and Social Committee

Dimitris DIMITRIADIS

---

(1)  Opinion of the Economic and Social Committee on the ‘Proposal for a European Parliament and Council Regulation laying down rules for the prevention and control of certain transmissible spongiform encephalopathies’ — OJ C 258, 10 September 1999, p. 19.

1

Proposal for a European Parliament and Council Regulation laying down rules for the prevention and control of certain transmissible spongiform encephalopathies

(2)  Opinion of the European Economic and Social Committee on the ‘Proposal for a Regulation of the European Parliament and of the Council amending Regulation (EC) No 999/2001 laying down rules for the prevention, control and eradication of certain transmissible spongiform encephalopathies — COM(2004) 775 final’ — OJ C 234, 22.9.2005, p. 26-27.

2

Proposal for a Regulation of the European Parliament and of the Council amending Regulation (EC) No 999/2001 laying down rules for the prevention, control and eradication of certain transmissible spongiform encephalopathies

COM(2004) 775 final

---

| 19.8.2008 | EN | Official Journal of the European Union | C 211/48 |
| --- | --- | --- | --- |

19.8.2008

EN

Official Journal of the European Union

C 211/48

---

Opinion of the European Economic and Social Committee on the ‘Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions — Towards Common Principles of Flexicurity: More and better jobs through flexibility and security’

COM(2007) 359 final

(2008/C 211/15)

On 27 June 2007 the Commission decided to consult the European Economic and Social Committee, under Article 262 of the Treaty establishing the European Community, on the

Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions — Towards Common Principles of Flexicurity: More and better jobs through flexibility and security.

The Section for Employment, Social Affairs and Citizenship, which was responsible for preparing the Committee's work on the subject, adopted its opinion on 2 April 2008. The rapporteur was Thomas Janson and the co-rapporteur was Christian Ardhe.

At its 444th plenary session, held on 22 and 23 April 2008 (meeting of 22 April 2008), the European Economic and Social Committee adopted the following opinion by 147 votes to 1 with 8 abstentions.

1.   Conclusions and recommendations

| 1.1 | The EESC welcomes the inputs from the European Parliament, the Council and the European social partners into the flexicurity debate. In a changing world it is essential to discuss how the balance between flexibility and security at EU and Member State level can contribute to the creation of more and better jobs. |
| --- | --- |

1.1

The EESC welcomes the inputs from the European Parliament, the Council and the European social partners into the flexicurity debate. In a changing world it is essential to discuss how the balance between flexibility and security at EU and Member State level can contribute to the creation of more and better jobs.

| 1.1.1 | The EESC has already emphasised that the flexicurity concept does not mean unilateral and illegitimate reduction of workers' rights. The European social partners have called upon Member States to review, and if necessary adjust, the design of labour law, job protection systems and, together with the social partners, collective bargaining practice with a view, for example, to ‘ensuring an optimal balance between flexibility and security for all employment relationships [and] providing adequate security for workers under all forms of contracts in order to tackle segmented labour markets’. |
| --- | --- |

1.1.1

The EESC has already emphasised that the flexicurity concept does not mean unilateral and illegitimate reduction of workers' rights. The European social partners have called upon Member States to review, and if necessary adjust, the design of labour law, job protection systems and, together with the social partners, collective bargaining practice with a view, for example, to ‘ensuring an optimal balance between flexibility and security for all employment relationships [and] providing adequate security for workers under all forms of contracts in order to tackle segmented labour markets’.

| 1.2 | The discussions on flexicurity have also triggered debates in Member States and concerted action in a few. This underlines that it is important for the social partners to be actively involved in the debate and the decision-making process. |
| --- | --- |

1.2

The discussions on flexicurity have also triggered debates in Member States and concerted action in a few. This underlines that it is important for the social partners to be actively involved in the debate and the decision-making process.

| 1.3 | The EESC emphasises that flexicurity cannot be viewed separately from the challenges facing the European Union. Globalisation, the rapid development of new technologies and the demographic challenge as well as environmental challenges are changing the European labour market. Flexicurity should be a part of a response to these external and internal trends and pressures, aiming for a fair balance between workers and employers. |
| --- | --- |

1.3

The EESC emphasises that flexicurity cannot be viewed separately from the challenges facing the European Union. Globalisation, the rapid development of new technologies and the demographic challenge as well as environmental challenges are changing the European labour market. Flexicurity should be a part of a response to these external and internal trends and pressures, aiming for a fair balance between workers and employers.

| 1.4 | The EESC considers that Europe should focus on its innovation capacity, the high quality of its products and services, its well-trained workforce and its social model, and should compete with its global competitors on quality. This should be reflected in the Employment Guidelines. The EESC would like to see changes in the guidelines due to the flexicurity discussions and especially regarding the quality of jobs. |
| --- | --- |

1.4

The EESC considers that Europe should focus on its innovation capacity, the high quality of its products and services, its well-trained workforce and its social model, and should compete with its global competitors on quality. This should be reflected in the Employment Guidelines. The EESC would like to see changes in the guidelines due to the flexicurity discussions and especially regarding the quality of jobs.

| 1.5 | Finally, the Committee makes some recommendations regarding the implementation of flexicurity. It






  — | recommends that the Commission take stock of the different contributions and views on the Commission Communication, and that it consult Member States social partners at all levels; |
| --- | --- | --- |

1.5

Finally, the Committee makes some recommendations regarding the implementation of flexicurity. It

—

recommends that the Commission take stock of the different contributions and views on the Commission Communication, and that it consult Member States social partners at all levels;

| — | encourages the Commission to monitor the implementation process and to establish a platform for exchange of good practices that includes the social partners; supports the active involvement of social partners in the design and implementation of flexicurity policies within the Member States in all stages of the process; |
| --- | --- |

—

encourages the Commission to monitor the implementation process and to establish a platform for exchange of good practices that includes the social partners; supports the active involvement of social partners in the design and implementation of flexicurity policies within the Member States in all stages of the process;

| — | emphasises that mutual trust between the actors involved is very important; |
| --- | --- |

—

emphasises that mutual trust between the actors involved is very important;

| — | underlines that sound macroeconomic policies fostering employment growth, as well as a favourable business environment realising and supporting the full growth potential, are important preconditions for flexicurity to work; encourages Member States and the EU to create and maintain a legal framework conducive to adaptability, which is simple, transparent and predictable, as well as to strengthen and uphold employees' rights and their justiciability, and to promote throughout the EU a stable legal framework for collective bargaining and social dialogue when implementing flexicurity; |
| --- | --- |

—

underlines that sound macroeconomic policies fostering employment growth, as well as a favourable business environment realising and supporting the full growth potential, are important preconditions for flexicurity to work; encourages Member States and the EU to create and maintain a legal framework conducive to adaptability, which is simple, transparent and predictable, as well as to strengthen and uphold employees' rights and their justiciability, and to promote throughout the EU a stable legal framework for collective bargaining and social dialogue when implementing flexicurity;

| — | points out that general welfare systems can improve mobility by ensuring that workers do not lose out when they are confronted with changes affecting their workplace; to follow national and EU rules on information and consultation is important for anticipating change and mitigating its consequences; underlines the importance of devoting economic resources to flexicurity, including public and private aid for employees in transition to a new job; |
| --- | --- |

—

points out that general welfare systems can improve mobility by ensuring that workers do not lose out when they are confronted with changes affecting their workplace; to follow national and EU rules on information and consultation is important for anticipating change and mitigating its consequences; underlines the importance of devoting economic resources to flexicurity, including public and private aid for employees in transition to a new job;

| — | emphasises that all relevant policies should be mutually reinforcing; |
| --- | --- |

—

emphasises that all relevant policies should be mutually reinforcing;

| — | wants to see an integrated, multi-level approach; given the multidimensional nature of flexicurity, it is important to strive for an integration of different policy levels; |
| --- | --- |

—

wants to see an integrated, multi-level approach; given the multidimensional nature of flexicurity, it is important to strive for an integration of different policy levels;

| — | argues that new risks should be taken into account and that transitions should be rewarded in the implementation of flexicurity but also that permanent job contracts should not be systematically abolished; |
| --- | --- |

—

argues that new risks should be taken into account and that transitions should be rewarded in the implementation of flexicurity but also that permanent job contracts should not be systematically abolished;

| — | thinks that in five years time the Commission should undertake a review of flexicurity practices in the Member States and especially their impact on employment rates in both the Member States and at EU level. |
| --- | --- |

—

thinks that in five years time the Commission should undertake a review of flexicurity practices in the Member States and especially their impact on employment rates in both the Member States and at EU level.

2.   Background

| 2.1 | Flexicurity has been an ongoing issue ever since the first employment guidelines were adopted. However, the current debate started in January 2006 with an informal Council meeting on flexicurity. The 2006 Spring European Council asked Member States to direct special attention to the key challenge of ‘flexicurity’. At two Tripartite Social Summits, in conjunction with the December 2006 and March 2007 European Summits, the issue of flexicurity was discussed. The Commission published a Communication on flexicurity in June 2007 which has been discussed and processed in the European Parliament and the Council, and the Council Decision was unanimous. Furthermore, in October 2007 the social partners concluded a joint analysis of key challenges facing European labour markets, including recommendations on flexicurity. The EESC welcomes all contributions and especially the European social partners' joint analysis (1). |
| --- | --- |

2.1

Flexicurity has been an ongoing issue ever since the first employment guidelines were adopted. However, the current debate started in January 2006 with an informal Council meeting on flexicurity. The 2006 Spring European Council asked Member States to direct special attention to the key challenge of ‘flexicurity’. At two Tripartite Social Summits, in conjunction with the December 2006 and March 2007 European Summits, the issue of flexicurity was discussed. The Commission published a Communication on flexicurity in June 2007 which has been discussed and processed in the European Parliament and the Council, and the Council Decision was unanimous. Furthermore, in October 2007 the social partners concluded a joint analysis of key challenges facing European labour markets, including recommendations on flexicurity. The EESC welcomes all contributions and especially the European social partners' joint analysis (1).

| 2.2 | The discussions on flexicurity have also triggered debates in Member States and, recently, concerted action in some. The EESC welcomes these discussions and activities but underlines that it is crucial that the social partners should be actively involved in the debate and the decision-making process. |
| --- | --- |

2.2

The discussions on flexicurity have also triggered debates in Member States and, recently, concerted action in some. The EESC welcomes these discussions and activities but underlines that it is crucial that the social partners should be actively involved in the debate and the decision-making process.

| 2.3 | Taking the EESC opinion on flexicurity that was adopted in July 2007 (2) as a still valid basis the present opinion intends to:






  — | present the EESC's views on important focus points in order to facilitate the implementation of flexicurity in Member States and to look at the consequences for EU policies; |
| --- | --- | --- |

2.3

Taking the EESC opinion on flexicurity that was adopted in July 2007 (2) as a still valid basis the present opinion intends to:

—

present the EESC's views on important focus points in order to facilitate the implementation of flexicurity in Member States and to look at the consequences for EU policies;

| — | maintain the EESC's views regarding the crucial role of social partners' and further highlight the role of civil society in this process. |
| --- | --- |

—

maintain the EESC's views regarding the crucial role of social partners' and further highlight the role of civil society in this process.

3.   Implementing flexicurity

| 3.1 | The EESC welcomes the various inputs into the flexicurity debate. In a changing world it is essential to discuss how the balance between flexibility and security at EU and Member State level can contribute to the creation of more and better jobs. |
| --- | --- |

3.1

The EESC welcomes the various inputs into the flexicurity debate. In a changing world it is essential to discuss how the balance between flexibility and security at EU and Member State level can contribute to the creation of more and better jobs.

3.2   Challenges for the labour market

| 3.2.1 | Flexicurity cannot be viewed separately from the challenges facing the European Union. Globalisation, the rapid development of new technologies and the demographic challenge are changing the European labour market. The EESC would however like to add that the environmental challenges are also likely to have an impact on labour markets. Flexicurity should be a part of a response to these external and internal trends and pressures, aiming for a fair balance between social, environmental and economic progress. |
| --- | --- |

3.2.1

Flexicurity cannot be viewed separately from the challenges facing the European Union. Globalisation, the rapid development of new technologies and the demographic challenge are changing the European labour market. The EESC would however like to add that the environmental challenges are also likely to have an impact on labour markets. Flexicurity should be a part of a response to these external and internal trends and pressures, aiming for a fair balance between social, environmental and economic progress.

| 3.2.2 | The EESC is of the opinion that environmental challenges will affect Europe's labour markets. They will increase pressure to save energy and introduce systems for a more sustainable environment. But they can also spur technological innovation contributing to economic growth and employment growth. |
| --- | --- |

3.2.2

The EESC is of the opinion that environmental challenges will affect Europe's labour markets. They will increase pressure to save energy and introduce systems for a more sustainable environment. But they can also spur technological innovation contributing to economic growth and employment growth.

| 3.2.3 | The Committee has observed that climate change may accentuate current social distortions and gaps (3), in both the EU and in other parts of the world. It has also noted that the objective must be to manage adaptation and achieve mitigation without causing unemployment and social distortion (4). |
| --- | --- |

3.2.3

The Committee has observed that climate change may accentuate current social distortions and gaps (3), in both the EU and in other parts of the world. It has also noted that the objective must be to manage adaptation and achieve mitigation without causing unemployment and social distortion (4).

| 3.2.4 | Globalisation and the resulting integration of markets are affecting Europe's labour markets. Consumption, production and investment patterns are changing. These developments are not inevitable nor are they impossible to affect or shape. Legislation on health and safety and workers' rights improve working life and shape global norms. Product standards can improve competitiveness with due regard to adaptability of enterprises. Nevertheless, European labour markets will have to adjust to meet the challenges of a globalised world. In many respects, Europe has benefited from globalisation. The single market has helped to create globally competitive companies in the EU. The EU has consequently been able to sell products and services at the top of the value chain. |
| --- | --- |

3.2.4

Globalisation and the resulting integration of markets are affecting Europe's labour markets. Consumption, production and investment patterns are changing. These developments are not inevitable nor are they impossible to affect or shape. Legislation on health and safety and workers' rights improve working life and shape global norms. Product standards can improve competitiveness with due regard to adaptability of enterprises. Nevertheless, European labour markets will have to adjust to meet the challenges of a globalised world. In many respects, Europe has benefited from globalisation. The single market has helped to create globally competitive companies in the EU. The EU has consequently been able to sell products and services at the top of the value chain.

| 3.2.5 | Globalisation and technological change have not undermined employment growth in Europe. Over the period 1995-2005, the EU saw a net expansion of employment with 18,5 million jobs created. The number of job losses due to trade-related adjustment is small compared with the overall rate of job creation in the economy. Indeed, openness to trade can increase employment possibilities, as recent developments in the European Union have shown. |
| --- | --- |

3.2.5

Globalisation and technological change have not undermined employment growth in Europe. Over the period 1995-2005, the EU saw a net expansion of employment with 18,5 million jobs created. The number of job losses due to trade-related adjustment is small compared with the overall rate of job creation in the economy. Indeed, openness to trade can increase employment possibilities, as recent developments in the European Union have shown.

| 3.2.6 | But globalisation can also cause increased vulnerability. Companies are exposed to increased competition. Jobs that were previously considered as protected are now exposed to international competition. Services that for many years were considered as local can now be provided across borders. Restructuring takes place more often and at a quicker pace. When workers who are trade-displaced become re-employed they typically receive lower pay. Thus for many globalisation is about losing income when they move to new jobs. In fact, the wage share of the economy has decreased. The social partners have also remarked that in comparison with the US, the EU has created more jobs in sectors at the lower end of the productivity growth scale while employment in sectors experiencing high productivity gains has declined (5). |
| --- | --- |

3.2.6

But globalisation can also cause increased vulnerability. Companies are exposed to increased competition. Jobs that were previously considered as protected are now exposed to international competition. Services that for many years were considered as local can now be provided across borders. Restructuring takes place more often and at a quicker pace. When workers who are trade-displaced become re-employed they typically receive lower pay. Thus for many globalisation is about losing income when they move to new jobs. In fact, the wage share of the economy has decreased. The social partners have also remarked that in comparison with the US, the EU has created more jobs in sectors at the lower end of the productivity growth scale while employment in sectors experiencing high productivity gains has declined (5).

| 3.2.7 | Labour market changes have led to an increasing share of part-time and fixed-term work. These types of employment may have helped to ease entry into employment and increase employment rates in Europe. But workers in temporary employment tend to be less productive, receive less employer-supported training (6) and are more prone to work-related accidents (7). They also risk getting stuck in temporary employment. Just over half of those with temporary contracts have a permanent contract after six years compared to more than three-quarters of those who started with a permanent contract (8). |
| --- | --- |

3.2.7

Labour market changes have led to an increasing share of part-time and fixed-term work. These types of employment may have helped to ease entry into employment and increase employment rates in Europe. But workers in temporary employment tend to be less productive, receive less employer-supported training (6) and are more prone to work-related accidents (7). They also risk getting stuck in temporary employment. Just over half of those with temporary contracts have a permanent contract after six years compared to more than three-quarters of those who started with a permanent contract (8).

| 3.2.8 | To meet the demographic challenges new services and employment opportunities need to be created within, for example, child care and elderly care. Within this framework Europe also needs to improve work organisation, gender equality and work-life balance. |
| --- | --- |

3.2.8

To meet the demographic challenges new services and employment opportunities need to be created within, for example, child care and elderly care. Within this framework Europe also needs to improve work organisation, gender equality and work-life balance.

| 3.2.9 | Fiscal policy in many EU countries has tended to be loosened in good times and tightened in the lower part of the business cycle. This is notably the case with the larger euro area countries. In addition, public debt remains high in a number of EU countries in the light of demographic ageing (9). |
| --- | --- |

3.2.9

Fiscal policy in many EU countries has tended to be loosened in good times and tightened in the lower part of the business cycle. This is notably the case with the larger euro area countries. In addition, public debt remains high in a number of EU countries in the light of demographic ageing (9).

3.3   The Employment Strategy and flexicurity

| 3.3.1 | When implementing flexicurity policies in Member States, the Employment Guidelines will give Member States indications on what sort of labour markets and economy Europe should aim at. The EESC's view on this is clear: Europe should focus on its innovation capacity, the high quality of its products and services, its well-trained workforce and its social model, and should compete with its global competitors on quality and not enter a race for the lowest wages and social standards in which Europe is bound to be the loser (10). |
| --- | --- |

3.3.1

When implementing flexicurity policies in Member States, the Employment Guidelines will give Member States indications on what sort of labour markets and economy Europe should aim at. The EESC's view on this is clear: Europe should focus on its innovation capacity, the high quality of its products and services, its well-trained workforce and its social model, and should compete with its global competitors on quality and not enter a race for the lowest wages and social standards in which Europe is bound to be the loser (10).

| 3.3.2 | Several of the Employment Guidelines could form the basis for a discussion on flexicurity. The EESC would like to see changes in the guidelines reflecting its recommendations, especially regarding quality of jobs, as stated in its opinion on the Employment Guidelines (11). |
| --- | --- |

3.3.2

Several of the Employment Guidelines could form the basis for a discussion on flexicurity. The EESC would like to see changes in the guidelines reflecting its recommendations, especially regarding quality of jobs, as stated in its opinion on the Employment Guidelines (11).

| 3.3.3 | On several occasions, the EESC has commented on the revised Lisbon process and the new Employment Guidelines (12). The Committee has welcomed the new integrated approach and the multiannual cycle but has also pointed out that:






  — | in some areas, there are inconsistencies between the Broad Economic Policy Guidelines and the Employment Guidelines; |
| --- | --- | --- |

3.3.3

On several occasions, the EESC has commented on the revised Lisbon process and the new Employment Guidelines (12). The Committee has welcomed the new integrated approach and the multiannual cycle but has also pointed out that:

—

in some areas, there are inconsistencies between the Broad Economic Policy Guidelines and the Employment Guidelines;

| — | success depends above all on the Member States taking their responsibilities seriously and actually putting the agreed priorities into practice at national level; |
| --- | --- |

—

success depends above all on the Member States taking their responsibilities seriously and actually putting the agreed priorities into practice at national level;

| — | national parliaments, social partners and civil society must be genuinely involved in all stages of employment policy coordination. |
| --- | --- |

—

national parliaments, social partners and civil society must be genuinely involved in all stages of employment policy coordination.

| 3.3.4 | The EESC has also pointed out that one key to the success of the National Reform Programmes is the widest possible involvement of all relevant social players — in particular the social partners — in every phase of the process, and that the role of the social partners has to be strengthened (13). The Committee would also like to emphasise the importance of consulting national economic and social councils within this framework. |
| --- | --- |

3.3.4

The EESC has also pointed out that one key to the success of the National Reform Programmes is the widest possible involvement of all relevant social players — in particular the social partners — in every phase of the process, and that the role of the social partners has to be strengthened (13). The Committee would also like to emphasise the importance of consulting national economic and social councils within this framework.

3.4   The concept of flexicurity

| 3.4.1 | Flexicurity can play a major part in achieving the objectives of the renewed Lisbon Strategy, framing national reforms and policy options. However, neither the concept nor the components of flexicurity are new. The first Employment Guidelines, adopted in the context of the European Employment Strategy in 1998, already called on the social partners to negotiate a balance between flexibility and security. |
| --- | --- |

3.4.1

Flexicurity can play a major part in achieving the objectives of the renewed Lisbon Strategy, framing national reforms and policy options. However, neither the concept nor the components of flexicurity are new. The first Employment Guidelines, adopted in the context of the European Employment Strategy in 1998, already called on the social partners to negotiate a balance between flexibility and security.

| 3.4.2 | The EESC wishes to underline that there is no single solution for all and that the right mix will vary in different Member States. The EESC has already stressed that the debate has been mostly limited to increasing external flexibility and ways of compensating for such an increase by strengthening labour market policies or social security provisions. Instead, the aim should be to focus on other dimensions to more effectively create win-win situations (14). Flexicurity also entails deciding the balance of rights and obligations between employers and workers where balanced and fair packages need to be negotiated (15). |
| --- | --- |

3.4.2

The EESC wishes to underline that there is no single solution for all and that the right mix will vary in different Member States. The EESC has already stressed that the debate has been mostly limited to increasing external flexibility and ways of compensating for such an increase by strengthening labour market policies or social security provisions. Instead, the aim should be to focus on other dimensions to more effectively create win-win situations (14). Flexicurity also entails deciding the balance of rights and obligations between employers and workers where balanced and fair packages need to be negotiated (15).

| 3.4.3 | Flexicurity is used, among others, by the Commission when assessing National Reform Plans and by the Presidency when discussing labour market challenges. It has become a framework for evaluating Member States' labour markets. The Commission must take note of all recent developments and contributions. To assess the different, often very complex preconditions in the different Member States a close cooperation with the relevant actors is essential. The social partners must be consulted before governments present their National Reform Plans. |
| --- | --- |

3.4.3

Flexicurity is used, among others, by the Commission when assessing National Reform Plans and by the Presidency when discussing labour market challenges. It has become a framework for evaluating Member States' labour markets. The Commission must take note of all recent developments and contributions. To assess the different, often very complex preconditions in the different Member States a close cooperation with the relevant actors is essential. The social partners must be consulted before governments present their National Reform Plans.

3.5   Components in the implementation of flexicurity

| 3.5.1 | The EESC has already emphasised that the flexicurity concept does not mean unilateral and illegitimate reduction of workers' rights, an idea the EESC rejects (16). The European social partners (17) have called upon Member States to review, and if necessary adjust, the design of labour law, job protection systems and, together with the social partners, collective bargaining practice with a view to:






  — | ‘ensuring an optimal balance between flexibility and security for all employment relationships; |
| --- | --- | --- |

3.5.1

The EESC has already emphasised that the flexicurity concept does not mean unilateral and illegitimate reduction of workers' rights, an idea the EESC rejects (16). The European social partners (17) have called upon Member States to review, and if necessary adjust, the design of labour law, job protection systems and, together with the social partners, collective bargaining practice with a view to:

—

‘ensuring an optimal balance between flexibility and security for all employment relationships;

| — | providing adequate security for workers under all forms of contracts in order to tackle segmented labour markets; |
| --- | --- |

—

providing adequate security for workers under all forms of contracts in order to tackle segmented labour markets;

| — | developing complementary employment security measures promoting transitions to productive and rewarding jobs; |
| --- | --- |

—

developing complementary employment security measures promoting transitions to productive and rewarding jobs;

| — | enhancing legal certainty and transparency for both employers and workers with regard to the scope, coverage and the enforcement of labour law; |
| --- | --- |

—

enhancing legal certainty and transparency for both employers and workers with regard to the scope, coverage and the enforcement of labour law;

| — | implementing and respecting at national level the principles and rules of European social directives, including those deriving from a framework agreement among European social partners, as well as the basic principles of equal treatment and non-discrimination; |
| --- | --- |

—

implementing and respecting at national level the principles and rules of European social directives, including those deriving from a framework agreement among European social partners, as well as the basic principles of equal treatment and non-discrimination;

| — | promote stable employment relationships and sustainable labour market practices; |
| --- | --- |

—

promote stable employment relationships and sustainable labour market practices;

| — | put in place the framework to develop workplace practices improving the work/life balance and in this way promoting full use of the productive potential of the European labour force.’ |
| --- | --- |

—

put in place the framework to develop workplace practices improving the work/life balance and in this way promoting full use of the productive potential of the European labour force.’

| 3.5.2 | The Committee agrees with the importance of comprehensive lifelong learning strategies and better investment in human resources as crucial for achieving the Lisbon strategy. Nevertheless, Eurostat figures show that little or no progress has been made when it comes to increasing workers' participation in lifelong learning. The importance of lifelong learning for improving workers' skills, career opportunities and productivity has been stressed in a number of recent EESC opinions. Whilst many commitments have been made in the past to lifelong learning, in practice much remains to be achieved by Member States and other actors. In 2002, the European social partners agreed on a Framework of actions for the lifelong development of competencies and qualifications. |
| --- | --- |

3.5.2

The Committee agrees with the importance of comprehensive lifelong learning strategies and better investment in human resources as crucial for achieving the Lisbon strategy. Nevertheless, Eurostat figures show that little or no progress has been made when it comes to increasing workers' participation in lifelong learning. The importance of lifelong learning for improving workers' skills, career opportunities and productivity has been stressed in a number of recent EESC opinions. Whilst many commitments have been made in the past to lifelong learning, in practice much remains to be achieved by Member States and other actors. In 2002, the European social partners agreed on a Framework of actions for the lifelong development of competencies and qualifications.

| 3.5.3 | The EESC would argue that inclusive welfare systems combined with active labour market policies improve job-matching and encourage innovation and higher productivity in vulnerable industries which are crucial for Europe's future competitiveness. An important part of flexicurity is unemployment benefits with high replacement rates which are efficient and employment-oriented, providing additional possibilities for adequate job matching into quality employment, while enhancing employment security. It is therefore not only a matter of offering ‘adequate’ replacement levels but also ensuring that they maintain a proper living standard while remaining sustainable, and linking them to activation strategies and high-quality employment services. |
| --- | --- |

3.5.3

The EESC would argue that inclusive welfare systems combined with active labour market policies improve job-matching and encourage innovation and higher productivity in vulnerable industries which are crucial for Europe's future competitiveness. An important part of flexicurity is unemployment benefits with high replacement rates which are efficient and employment-oriented, providing additional possibilities for adequate job matching into quality employment, while enhancing employment security. It is therefore not only a matter of offering ‘adequate’ replacement levels but also ensuring that they maintain a proper living standard while remaining sustainable, and linking them to activation strategies and high-quality employment services.

| 3.5.4 | The EESC has earlier stressed the importance of gender equality (18). Policies should be implemented to reconcile professional, private and family life as well as measures which enable both women and men to realise their professional potential and to become economically independent. The EESC encourages the European Institute for Gender Equality to monitor flexicurity from a gender perspective. |
| --- | --- |

3.5.4

The EESC has earlier stressed the importance of gender equality (18). Policies should be implemented to reconcile professional, private and family life as well as measures which enable both women and men to realise their professional potential and to become economically independent. The EESC encourages the European Institute for Gender Equality to monitor flexicurity from a gender perspective.

| 3.5.5 | Geographical and professional mobility of workers are necessary tools for ensuring efficient labour markets and alleviating the mismatch between labour demand and supply, by reducing bottlenecks in specific sectors and professions. Geographical mobility can contribute to upward convergence of working and living conditions. Furthermore, geographical and occupational mobility also have a significant impact on growth and employment levels. In recent years, Member States with the highest overall levels of mobility have also registered strong economic growth and low — or significantly reduced — unemployment rates. This points to a relationship between mobility levels and strong economic and labour market performance. |
| --- | --- |

3.5.5

Geographical and professional mobility of workers are necessary tools for ensuring efficient labour markets and alleviating the mismatch between labour demand and supply, by reducing bottlenecks in specific sectors and professions. Geographical mobility can contribute to upward convergence of working and living conditions. Furthermore, geographical and occupational mobility also have a significant impact on growth and employment levels. In recent years, Member States with the highest overall levels of mobility have also registered strong economic growth and low — or significantly reduced — unemployment rates. This points to a relationship between mobility levels and strong economic and labour market performance.

3.6   Flexicurity and the different stakeholders

| 3.6.1 | The EESC underlines the importance of social dialogue and of the social partners being actively involved at all relevant levels in the design and implementation of flexicurity policies (19). As the EESC pointed out in its previous opinion, strengthening industrial relations systems at European and national levels is essential for any discussion on flexicurity. |
| --- | --- |

3.6.1

The EESC underlines the importance of social dialogue and of the social partners being actively involved at all relevant levels in the design and implementation of flexicurity policies (19). As the EESC pointed out in its previous opinion, strengthening industrial relations systems at European and national levels is essential for any discussion on flexicurity.

| 3.6.2 | Flexicurity requires a climate of trust and broadly-based dialogue among all stakeholders, where all are prepared to take the responsibility for change with a view to socially balanced policies. This includes also the possibilities of monitoring and evaluating the implementation as well as the results of policies. |
| --- | --- |

3.6.2

Flexicurity requires a climate of trust and broadly-based dialogue among all stakeholders, where all are prepared to take the responsibility for change with a view to socially balanced policies. This includes also the possibilities of monitoring and evaluating the implementation as well as the results of policies.

| 3.6.3 | Civil society also has a role in implementing flexicurity. Social NGOs provide essential services for those at risk or experiencing marginalisation and contribute to reconciliation of family and professional life. Educational associations encourage and provide lifelong learning for adults. Organised civil society can help to increase the quality of employment and mitigates challenges faced by the most vulnerable groups facing discrimination within the European labour market such as young and older people, women, migrants and disabled people. |
| --- | --- |

3.6.3

Civil society also has a role in implementing flexicurity. Social NGOs provide essential services for those at risk or experiencing marginalisation and contribute to reconciliation of family and professional life. Educational associations encourage and provide lifelong learning for adults. Organised civil society can help to increase the quality of employment and mitigates challenges faced by the most vulnerable groups facing discrimination within the European labour market such as young and older people, women, migrants and disabled people.

4.   Recommendations

| 4.1 | The EESC urges the Commission to take stock of the different contributions and views on the Commission Communication, and other recent developments. Member States and social partners at all levels also have a role in shaping the concept of flexicurity when it is implemented. This is essential as flexicurity is used in the evaluation process of Member States' National Reform Programmes. |
| --- | --- |

4.1

The EESC urges the Commission to take stock of the different contributions and views on the Commission Communication, and other recent developments. Member States and social partners at all levels also have a role in shaping the concept of flexicurity when it is implemented. This is essential as flexicurity is used in the evaluation process of Member States' National Reform Programmes.

| 4.2 | When Member States incorporate the common principles in their National Reform Programmes, providing a mix of the national policies according to their conditions and practices, the EESC encourages the Commission to monitor the whole process and to establish a platform for good practices exchange and benchmarking including especially the social partners but also organised civil society. The EESC therefore welcomes the fact-finding ‘Mission for Flexicurity’ set up by the Commission. |
| --- | --- |

4.2

When Member States incorporate the common principles in their National Reform Programmes, providing a mix of the national policies according to their conditions and practices, the EESC encourages the Commission to monitor the whole process and to establish a platform for good practices exchange and benchmarking including especially the social partners but also organised civil society. The EESC therefore welcomes the fact-finding ‘Mission for Flexicurity’ set up by the Commission.

| 4.3 | The EESC supports the active involvement of social partners in the design and implementation of flexicurity policies in all stages of the process. The EESC has previously underlined the need for ‘a strong and vital social dialogue where the social partners actively participate and are able to negotiate, influence and take responsibility for the definition and components of flexicurity and evaluation of its outcomes ...’ (20). |
| --- | --- |

4.3

The EESC supports the active involvement of social partners in the design and implementation of flexicurity policies in all stages of the process. The EESC has previously underlined the need for ‘a strong and vital social dialogue where the social partners actively participate and are able to negotiate, influence and take responsibility for the definition and components of flexicurity and evaluation of its outcomes ...’ (20).

| 4.4 | Mutual trust is very important between the actors involved. Organised civil society can play an important role in increasing trust but also in providing stepping stones for those furthest away from the labour market. |
| --- | --- |

4.4

Mutual trust is very important between the actors involved. Organised civil society can play an important role in increasing trust but also in providing stepping stones for those furthest away from the labour market.

| 4.5 | Important preconditions for flexicurity to work are sound macroeconomic policies fostering employment growth and a favourable business environment realising and supporting the full growth potential. |
| --- | --- |

4.5

Important preconditions for flexicurity to work are sound macroeconomic policies fostering employment growth and a favourable business environment realising and supporting the full growth potential.

| 4.6 | The EESC encourages Member States and the EU to create and maintain a legal framework conducive to adaptability, which is simple, transparent and predictable, as well as to strengthen and uphold employees' rights and their justiciability, and to promote throughout the EU a stable legal framework for collective bargaining and social dialogue when implementing flexicurity. The basis of all flexicurity models is a policy able to guarantee high levels of social protection, the assumption of responsibility by adequately funded public services, and a stable legal framework for collective bargaining and social dialogue. In this framework the ILO labour standards and EU legislation, being transparent and predictable, are important bases. |
| --- | --- |

4.6

The EESC encourages Member States and the EU to create and maintain a legal framework conducive to adaptability, which is simple, transparent and predictable, as well as to strengthen and uphold employees' rights and their justiciability, and to promote throughout the EU a stable legal framework for collective bargaining and social dialogue when implementing flexicurity. The basis of all flexicurity models is a policy able to guarantee high levels of social protection, the assumption of responsibility by adequately funded public services, and a stable legal framework for collective bargaining and social dialogue. In this framework the ILO labour standards and EU legislation, being transparent and predictable, are important bases.

| 4.7 | General welfare systems can improve mobility by ensuring that workers do not lose out when they are confronted with changes affecting their workplace. To follow national and EU rules on information and consultation is important for anticipating change and mitigating its consequences. The EESC has in a previous opinion proposed that the Directive on European Workers' Councils should be reviewed (21) and the Commission has recently launched a second phase consultation that gives social partners the opportunity to start negotiations with a view to revising the existing legislation. The Committee also encourages the Council and the Commission to try to resolve pending legislation in the social field. |
| --- | --- |

4.7

General welfare systems can improve mobility by ensuring that workers do not lose out when they are confronted with changes affecting their workplace. To follow national and EU rules on information and consultation is important for anticipating change and mitigating its consequences. The EESC has in a previous opinion proposed that the Directive on European Workers' Councils should be reviewed (21) and the Commission has recently launched a second phase consultation that gives social partners the opportunity to start negotiations with a view to revising the existing legislation. The Committee also encourages the Council and the Commission to try to resolve pending legislation in the social field.

| 4.8 | The EESC underlines the importance of devoting economic resources to flexicurity. Implementing flexicurity without investing in strengthening institutions, active labour market policies and lifelong learning will not bring about a high quality labour market. This would include the extension of security to precarious jobs. Policies should focus on integrating women, youth and older people into the labour market. Flexicurity should be applied with a holistic and consistent approach. In this respect, devoting appropriate resources to European funds such as the European Social Fund (ESF) and the European Regional Development Fund (ERDF) is essential. |
| --- | --- |

4.8

The EESC underlines the importance of devoting economic resources to flexicurity. Implementing flexicurity without investing in strengthening institutions, active labour market policies and lifelong learning will not bring about a high quality labour market. This would include the extension of security to precarious jobs. Policies should focus on integrating women, youth and older people into the labour market. Flexicurity should be applied with a holistic and consistent approach. In this respect, devoting appropriate resources to European funds such as the European Social Fund (ESF) and the European Regional Development Fund (ERDF) is essential.

| 4.9 | The EESC emphasises that all relevant policies should be mutually reinforcing. Growth, jobs, social cohesion and the environment are equally important and mutually enabling. Sustainable growth is a function of higher welfare aspirations and an improved environment. |
| --- | --- |

4.9

The EESC emphasises that all relevant policies should be mutually reinforcing. Growth, jobs, social cohesion and the environment are equally important and mutually enabling. Sustainable growth is a function of higher welfare aspirations and an improved environment.

| 4.10 | The EESC wants to see an integrated, multi-level approach. Given the multidimensional nature of flexicurity, it is important to strive for an integration of different policy levels. A more coherent policy to tackle the issue, increased interaction between the different actors and levels is needed to improve economic and social cohesion. |
| --- | --- |

4.10

The EESC wants to see an integrated, multi-level approach. Given the multidimensional nature of flexicurity, it is important to strive for an integration of different policy levels. A more coherent policy to tackle the issue, increased interaction between the different actors and levels is needed to improve economic and social cohesion.

| 4.11 | The EESC argues that new risks should be taken into account and that transitions should be rewarded in the implementation of flexicurity. Globalisation will increase risks for workers and companies. Taking these new risks into account would be essential for meeting the challenge of globalisation. Promoting job mobility in a positive, high-quality way through investing in people and improving portability of rights is crucial. |
| --- | --- |

4.11

The EESC argues that new risks should be taken into account and that transitions should be rewarded in the implementation of flexicurity. Globalisation will increase risks for workers and companies. Taking these new risks into account would be essential for meeting the challenge of globalisation. Promoting job mobility in a positive, high-quality way through investing in people and improving portability of rights is crucial.

Brussels, 22 April 2008.

The President

of the European Economic and Social Committee

Dimitris DIMITRIADIS

---

(1)  ‘Key challenges facing European labour markets: A joint analysis of European social partners’, October 2007.

1

URL: http://www.ceep.eu/media/right/publications/key_market_challenges_facing_european_labour_markets.

(2)  EESC opinion of 11 July 2007 on Flexicurity (collective bargaining and the role of social dialogue), rapporteur: Mr Janson (OJ C 256, 27.10.2007).

2

Flexicurity (collective bargaining and the role of social dialogue)

(3)  See http://www.etuc.org/a/3356 Climate change and employment.

3

Climate change and employment

(4)  EESC opinion of 24 October 2007 on Climate Change and the Lisbon Strategy, rapporteur: Mr Ehnmark (NAT/362, OJ C 44, 16.2.2008), point 1.11.

4

Climate Change and the Lisbon Strategy

(5)  See footnote 1.

5

(6)  ‘Assessing the impact of labour market policies on productivity: a difference-in-differences approach’. OECD Social, Employment and Migration Working Papers No 54, 2007.

6

URL: http://www.oecd.org/dataoecd/27/20/38797288.pdf.

(7)  European Working Conditions Survey (European Foundation for the Improvement of Living and Working Conditions).

7

(8)  Joint analysis (see footnote 1).

8

(9)  Idem.

9

(10)  EESC opinion of 13 September 2006 on Quality of working life, productivity and employment in the context of globalisation and demographic challenges, rapporteur: Ms Engelen-Kefer (OJ C 318, 23.12.2006), point 1.1.

10

Quality of working life, productivity and employment in the context of globalisation and demographic challenges

(11)  ‘Employment Guidelines’ (SOC/303), rapporteur: Mr Greif (scheduled for adoption in March 2008). The new set of Employment Guidelines for 2008-2010 that was proposed by the Commission in December 2007 is identical to the previous package (2005-2008).

11

(12)  EESC opinion of 31 May 2005 on The Employment Guidelines: 2005-2008, rapporteur: Mr Malosse (OJ C 286, 17.11.2005), EESC opinion of 17 May 2006 on Employment Guidelines, rapporteur: Mr Greif (OJ C 195, 18.8.2006) and EESC opinion of 24 April 2007 on Guidelines for employment policies, rapporteur: Ms O'Neill (OJ C 168, 20.7.2007).

12

The Employment Guidelines: 2005-2008

Employment Guidelines

Guidelines for employment policies

(13)  EESC opinion of 17 May 2006 on Employment Guidelines, rapporteur: Mr Greif (OJ C 195, 18.8.2006).

13

Employment Guidelines

(14)  EESC opinion of 11 July 2007 on Flexicurity (collective bargaining and the role of social dialogue), rapporteur: Mr Janson (OJ C 256, 27.10.2007), point 1.1.

14

Flexicurity (collective bargaining and the role of social dialogue)

(15)  Ibid., point 4.1.

15

(16)  Ibid., point 1.4.

16

(17)  See footnote 1.

17

(18)  EESC opinion of 11 July 2007 on Flexicurity (collective bargaining and the role of social dialogue), rapporteur: Mr Janson (OJ C 256, 27.10.2007).

18

Flexicurity (collective bargaining and the role of social dialogue)

(19)  Ibid., point 4.1.

19

(20)  EESC opinion of 11 July 2007 on Flexicurity (collective bargaining and the role of social dialogue), rapporteur: Mr Janson (OJ C 256, 27.10.2007), point 1.3.

20

Flexicurity (collective bargaining and the role of social dialogue)

(21)  EESC opinion of 13 September 2006 on the European Works Councils: a new role in promoting European integration, rapporteur: Mr Iozia (OJ C 318, 23.12.2006).

21

European Works Councils: a new role in promoting European integration

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| 19.8.2008 | EN | Official Journal of the European Union | C 211/54 |
| --- | --- | --- | --- |

19.8.2008

EN

Official Journal of the European Union

C 211/54

---

Opinion of the European Economic and Social Committee on the ‘Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions — Tackling the pay gap between women and men’

COM(2007) 424 final

(2008/C 211/16)

On 18 July 2007 the Commission decided to consult the European Economic and Social Committee, under Article 262 of the Treaty establishing the European Community, on the

Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions — Tackling the pay gap between women and men.

The Section for Employment, Social Affairs and Citizenship, which was responsible for preparing the Committee's work on the subject, adopted its opinion on 2 April 2008. The rapporteur was Ms Kössler.

At its 444th plenary session, held on 22 and 23 April 2008 (meeting of 22 April), the European Economic and Social Committee adopted the following opinion by 128 votes with 3 abstentions.

1.   Conclusions and recommendations

| 1.1 | The EESC welcomes the Commission's political resolve to continue to fight against the pay gap between women and men. Like the Commission, the EESC takes a very serious view of the fact that pay differentials show no sign of narrowing. They remain in spite of the measures that have been implemented and the resources already made available. It is therefore important that all stakeholders should be involved in this effort and show themselves willing to achieve real change. The European Union's growth and employment strategy, which is anchored in the Lisbon Treaty, is an important instrument to increase labour market equality and to cut pay differentials between women and men. Pay must be equalised in order to achieve the goals of the Lisbon strategy, guarantee public welfare and secure global competitiveness. This is important for the future of both women and men. |
| --- | --- |

1.1

The EESC welcomes the Commission's political resolve to continue to fight against the pay gap between women and men. Like the Commission, the EESC takes a very serious view of the fact that pay differentials show no sign of narrowing. They remain in spite of the measures that have been implemented and the resources already made available. It is therefore important that all stakeholders should be involved in this effort and show themselves willing to achieve real change. The European Union's growth and employment strategy, which is anchored in the Lisbon Treaty, is an important instrument to increase labour market equality and to cut pay differentials between women and men. Pay must be equalised in order to achieve the goals of the Lisbon strategy, guarantee public welfare and secure global competitiveness. This is important for the future of both women and men.

| 1.2 | The EESC makes the following recommendations for promoting equalisation of pay to the EU institutions, national governments, national equal opportunities bodies and the social partners. |
| --- | --- |

1.2

The EESC makes the following recommendations for promoting equalisation of pay to the EU institutions, national governments, national equal opportunities bodies and the social partners.

| 1.2.1 | The EESC considers that every Member State must ensure that the principle of equal pay for male and female workers for equal work or work of equal value is applied in national legislation and collective agreements, in accordance with the Equal Pay Directive (75/117/EEC). |
| --- | --- |

1.2.1

The EESC considers that every Member State must ensure that the principle of equal pay for male and female workers for equal work or work of equal value is applied in national legislation and collective agreements, in accordance with the Equal Pay Directive (75/117/EEC).

| 1.2.2 | The EESC believes that Member States should focus their efforts on tackling the causes of pay differentials, which are related to the fact that men's and women's work are valued differently, that there is a division of labour in the labour market based on gender and that there are differences between men and women in terms of their involvement in the labour market and position of power and status. |
| --- | --- |

1.2.2

The EESC believes that Member States should focus their efforts on tackling the causes of pay differentials, which are related to the fact that men's and women's work are valued differently, that there is a division of labour in the labour market based on gender and that there are differences between men and women in terms of their involvement in the labour market and position of power and status.

| 1.2.3 | As far as existing legislation is concerned, it is necessary that:






  — | it be used effectively to tackle pay discrimination; |
| --- | --- | --- |

1.2.3

As far as existing legislation is concerned, it is necessary that:

—

it be used effectively to tackle pay discrimination;

| — | the legal scope for positive discrimination measures under EC Treaty Article 141(4) be retained and applied effectively in order to make it easier for the under-represented gender to pursue a professional activity; |
| --- | --- |

—

the legal scope for positive discrimination measures under EC Treaty Article 141(4) be retained and applied effectively in order to make it easier for the under-represented gender to pursue a professional activity;

| — | employers make annual checks and reviews of wages and wage trends to identify the problems of gender discrimination in job classification systems and implement the appropriate solutions by establishing an equal opportunities plan, including transparent pay systems; |
| --- | --- |

—

employers make annual checks and reviews of wages and wage trends to identify the problems of gender discrimination in job classification systems and implement the appropriate solutions by establishing an equal opportunities plan, including transparent pay systems;

| — | Member States must ensure easy access to mechanisms to appeal and report cases of discrimination and it shall be for the respondent to prove before a court or other competent authority that there has been no breach of the principle of equal treatment, in accordance with Council Directive 97/80/EC on the burden of proof in cases of discrimination based on sex (1). |
| --- | --- |

—

Member States must ensure easy access to mechanisms to appeal and report cases of discrimination and it shall be for the respondent to prove before a court or other competent authority that there has been no breach of the principle of equal treatment, in accordance with Council Directive 97/80/EC on the burden of proof in cases of discrimination based on sex (1).

| 1.2.4 | In agreements between the social partners, there is a need to ensure:






  — | that social dialogue and collective bargaining be strengthened at all levels as one of the main instruments for eliminating unequal pay for men and women; |
| --- | --- | --- |

1.2.4

In agreements between the social partners, there is a need to ensure:

—

that social dialogue and collective bargaining be strengthened at all levels as one of the main instruments for eliminating unequal pay for men and women;

| — | a careful study of current criteria of job classifications — their explicit and implicit implications, progression of work in the context of time, availability and home responsibilities; |
| --- | --- |

—

a careful study of current criteria of job classifications — their explicit and implicit implications, progression of work in the context of time, availability and home responsibilities;

| — | that there be transparency when it comes to provisions on notification and consultation of employees and their representatives on the pay and pay trends of women and men within same organisation; |
| --- | --- |

—

that there be transparency when it comes to provisions on notification and consultation of employees and their representatives on the pay and pay trends of women and men within same organisation;

| — | to adopt measures to prevent gender-stereotyping when setting pay scales for women and men; |
| --- | --- |

—

to adopt measures to prevent gender-stereotyping when setting pay scales for women and men;

| — | to offer the possibility of flexible working hours. |
| --- | --- |

—

to offer the possibility of flexible working hours.

| 1.2.5 | As equal opportunities in the labour market are key to tackling the pay gap between women and men, it is important:






  — | to take measures to provide equal access to the labour market, to increase participation by both sexes throughout the labour market and to exploit Structural Fund support for this; |
| --- | --- | --- |

1.2.5

As equal opportunities in the labour market are key to tackling the pay gap between women and men, it is important:

—

to take measures to provide equal access to the labour market, to increase participation by both sexes throughout the labour market and to exploit Structural Fund support for this;

| — | to provide children and young people of both sexes with good models which encourage the take-up of non-traditional jobs; |
| --- | --- |

—

to provide children and young people of both sexes with good models which encourage the take-up of non-traditional jobs;

| — | to achieve gender equality in terms of participation and influence at work; |
| --- | --- |

—

to achieve gender equality in terms of participation and influence at work;

| — | to adopt combined, and consistent measures to ensure mutually integrated balance between private and working life, thereby making it possible to combine family responsibilities and professional activity; |
| --- | --- |

—

to adopt combined, and consistent measures to ensure mutually integrated balance between private and working life, thereby making it possible to combine family responsibilities and professional activity;

| — | that paid parental leave be introduced in countries where it does not exist at present, for example, by adopting the provisions applied in EU institutions, and that parents be given the possibility to take longer periods of paid parental leave. Member States need to take effective measures to facilitate access for men and women in sharing parental leave (2); |
| --- | --- |

—

that paid parental leave be introduced in countries where it does not exist at present, for example, by adopting the provisions applied in EU institutions, and that parents be given the possibility to take longer periods of paid parental leave. Member States need to take effective measures to facilitate access for men and women in sharing parental leave (2);

| — | to offer well-developed and subsidised childcare facilities, enabling parents to continue working with shorter career breaks, and to extend quality and affordable forms of support for those in need of care and their families (3); |
| --- | --- |

—

to offer well-developed and subsidised childcare facilities, enabling parents to continue working with shorter career breaks, and to extend quality and affordable forms of support for those in need of care and their families (3);

| — | to provide extensive and publicly subsidised facilities for the elderly and other care-dependent people. |
| --- | --- |

—

to provide extensive and publicly subsidised facilities for the elderly and other care-dependent people.

| 1.2.6 | In addition, Member States must take the responsibility for ensuring:






  — | that information on the causes of gender pay differentials and gender discrimination is disseminated to all stakeholders; |
| --- | --- | --- |

1.2.6

In addition, Member States must take the responsibility for ensuring:

—

that information on the causes of gender pay differentials and gender discrimination is disseminated to all stakeholders;

| — | the exchange of effective methods and increased dialogue between countries; |
| --- | --- |

—

the exchange of effective methods and increased dialogue between countries;

| — | that both the general public as well as representatives of employees and employers and legal experts are informed about the rights of those who suffer discrimination. |
| --- | --- |

—

that both the general public as well as representatives of employees and employers and legal experts are informed about the rights of those who suffer discrimination.

| 1.2.7 | The Committee urges the European Institute for Gender Equality to give priority to the issue of the gender pay gap in carrying out its tasks. |
| --- | --- |

1.2.7

The Committee urges the European Institute for Gender Equality to give priority to the issue of the gender pay gap in carrying out its tasks.

| 1.2.8 | The Committee is very concerned with the findings of the Commission Report on ‘Equality Between Women and Men — 2008’ (4). The report states that there is an under-representation of women in sectors crucial for economic development that are usually well remunerated and therefore a major challenge should be to boost the qualitative aspect of equality. |
| --- | --- |

1.2.8

The Committee is very concerned with the findings of the Commission Report on ‘Equality Between Women and Men — 2008’ (4). The report states that there is an under-representation of women in sectors crucial for economic development that are usually well remunerated and therefore a major challenge should be to boost the qualitative aspect of equality.

| 1.2.9 | The Committee also supports The European Platform for Women Scientists (5), urging all stakeholders at European and national level to give special focus to women in science and research. Only 29 % of scientists and engineers in the EU are women. |
| --- | --- |

1.2.9

The Committee also supports The European Platform for Women Scientists (5), urging all stakeholders at European and national level to give special focus to women in science and research. Only 29 % of scientists and engineers in the EU are women.

| 1.3 | The Committee expects government institutions and political leaders in Member States to set a good example through their practices and conduct in implementing the principles discussed in this opinion. |
| --- | --- |

1.3

The Committee expects government institutions and political leaders in Member States to set a good example through their practices and conduct in implementing the principles discussed in this opinion.

| 1.4 | The EESC recommends that special attention is given to the influence of mass media to eliminate stereotypical images of men and women and to promote a representation of both sexes more accurately reflecting their contribution to society in all spheres. |
| --- | --- |

1.4

The EESC recommends that special attention is given to the influence of mass media to eliminate stereotypical images of men and women and to promote a representation of both sexes more accurately reflecting their contribution to society in all spheres.

2.   Introduction

| 2.1 | The Commission communication notes that, in the EU, women continue to earn an average of 15 % less than men. Closing the gender gap is one of the key concerns highlighted in the ‘Roadmap for equality between women and men 2006-2010’ (6). The gender pay gap extends well beyond the question of equal pay for equal work. One of the main causes is linked to the way women's competences are valued compared to men's. Jobs requiring similar qualifications or experience tend to be paid less when they are dominated by women. |
| --- | --- |

2.1

The Commission communication notes that, in the EU, women continue to earn an average of 15 % less than men. Closing the gender gap is one of the key concerns highlighted in the ‘Roadmap for equality between women and men 2006-2010’ (6). The gender pay gap extends well beyond the question of equal pay for equal work. One of the main causes is linked to the way women's competences are valued compared to men's. Jobs requiring similar qualifications or experience tend to be paid less when they are dominated by women.

| 2.1.1 | The pay gap also reflects inequalities on the labour market mainly affecting women — in particular the difficulties in reconciling work with private life. Women have greater recourse to part-time work and more frequent career breaks, which limit their opportunities to take part in lifelong learning and negatively impact on their professional development. They still lag behind when it comes to holding managerial positions and they encounter more obstacles and resistance as they proceed along their career paths. As a consequence, women's career paths are more often interrupted, slower and shorter, and hence less well paid than men's. Statistics show that the pay gap grows with age, education and years of service — differences in pay are over 30 % in the 50-59 age group and 7 % for the under 30s; it is over 30 % for those with third-level education and 13 % among those with lower level secondary education. |
| --- | --- |

2.1.1

The pay gap also reflects inequalities on the labour market mainly affecting women — in particular the difficulties in reconciling work with private life. Women have greater recourse to part-time work and more frequent career breaks, which limit their opportunities to take part in lifelong learning and negatively impact on their professional development. They still lag behind when it comes to holding managerial positions and they encounter more obstacles and resistance as they proceed along their career paths. As a consequence, women's career paths are more often interrupted, slower and shorter, and hence less well paid than men's. Statistics show that the pay gap grows with age, education and years of service — differences in pay are over 30 % in the 50-59 age group and 7 % for the under 30s; it is over 30 % for those with third-level education and 13 % among those with lower level secondary education.

| 2.1.2 | The communication identifies four fields of action:






  — | ensuring better application of existing legislation (analysing how current laws could be adapted and better implemented and raising awareness); |
| --- | --- | --- |

2.1.2

The communication identifies four fields of action:

—

ensuring better application of existing legislation (analysing how current laws could be adapted and better implemented and raising awareness);

| — | fighting the pay gap as an integral part of Member States' employment policies (exploiting the full potential of EU funding, in particular the European Social Fund) (7); |
| --- | --- |

—

fighting the pay gap as an integral part of Member States' employment policies (exploiting the full potential of EU funding, in particular the European Social Fund) (7);

| — | promoting equal pay among employers, especially through social responsibility; |
| --- | --- |

—

promoting equal pay among employers, especially through social responsibility;

| — | supporting exchange of good practice across the EU and involving the social partners. |
| --- | --- |

—

supporting exchange of good practice across the EU and involving the social partners.

| 2.1.3 | The communication aims to analyse the causes of the pay gap and identify courses of action at EU level. It highlights that the pay gap can only be tackled by acting at all levels, involving all stakeholders and focusing on all the factors that cause it. |
| --- | --- |

2.1.3

The communication aims to analyse the causes of the pay gap and identify courses of action at EU level. It highlights that the pay gap can only be tackled by acting at all levels, involving all stakeholders and focusing on all the factors that cause it.

3.   General comments

| 3.1 | The Committee agrees that it is important that all stakeholders should be involved in efforts towards closing the pay gap. |
| --- | --- |

3.1

The Committee agrees that it is important that all stakeholders should be involved in efforts towards closing the pay gap.

| 3.1.1 | The progress made by women within education, research and enterprise is not reflected in their position on the labour market. The employment rate for women is lower than for men (55,7 % compared to 70 %) and much lower for women in the 55-64 years age group (31,7 %). Moreover, unemployment is higher for women than for men (9,7 % against 7,8 %). |
| --- | --- |

3.1.1

The progress made by women within education, research and enterprise is not reflected in their position on the labour market. The employment rate for women is lower than for men (55,7 % compared to 70 %) and much lower for women in the 55-64 years age group (31,7 %). Moreover, unemployment is higher for women than for men (9,7 % against 7,8 %).

| 3.1.2 | The EESC considers that national governments, national equal opportunities bodies and, in particular, the social partners in all Member States have a clear obligation to work to reduce existing structural differences such as segregation in various sectors, professions and working patterns, and to ensure that the wage systems adopted reduce existing pay differentials between women and men. |
| --- | --- |

3.1.2

The EESC considers that national governments, national equal opportunities bodies and, in particular, the social partners in all Member States have a clear obligation to work to reduce existing structural differences such as segregation in various sectors, professions and working patterns, and to ensure that the wage systems adopted reduce existing pay differentials between women and men.

| 3.1.3 | The progress women have made, not least in important areas such as education and research, is not reflected in pay structures and income ratios. An important reason why women have lower incomes than men is that women take career breaks to care for the children and the family. It is the woman who gives birth and also devotes disproportionately more time to looking after the children than men do. Parental leave means shorter periods in work, less overall professional experience and fewer continuing education opportunities; and the longer the absence from the labour market, the poorer the salary prospects. Women also bear the primary responsibility for looking after the elderly and other care-dependent people. |
| --- | --- |

3.1.3

The progress women have made, not least in important areas such as education and research, is not reflected in pay structures and income ratios. An important reason why women have lower incomes than men is that women take career breaks to care for the children and the family. It is the woman who gives birth and also devotes disproportionately more time to looking after the children than men do. Parental leave means shorter periods in work, less overall professional experience and fewer continuing education opportunities; and the longer the absence from the labour market, the poorer the salary prospects. Women also bear the primary responsibility for looking after the elderly and other care-dependent people.

| 3.1.4 | Women's unfavourable labour market position and the resulting pay gap have an impact on their pension rights. Consequently, pension systems should be changed to ensure that women who take career breaks for maternity or parental leave are not disadvantaged, and that pension systems guarantee equality between the sexes alongside the long-term objective of securing individual systems (8). Men and women should share family responsibilities and parental responsibility must not entail any worsening of pension rights. |
| --- | --- |

3.1.4

Women's unfavourable labour market position and the resulting pay gap have an impact on their pension rights. Consequently, pension systems should be changed to ensure that women who take career breaks for maternity or parental leave are not disadvantaged, and that pension systems guarantee equality between the sexes alongside the long-term objective of securing individual systems (8). Men and women should share family responsibilities and parental responsibility must not entail any worsening of pension rights.

4.   Specific comments

| 4.1 | As early as 1957, Article 119 of the Treaty of Rome laid down the principle that men and women should receive equal pay for equal work. This article, which has become Article 141 of the Treaty, now stipulates that each Member State must ensure that the principle of equal pay for male and female workers for equal work or work of equal value is applied. |
| --- | --- |

4.1

As early as 1957, Article 119 of the Treaty of Rome laid down the principle that men and women should receive equal pay for equal work. This article, which has become Article 141 of the Treaty, now stipulates that each Member State must ensure that the principle of equal pay for male and female workers for equal work or work of equal value is applied.

| 4.1.1 | Article 141(4) therefore allows the Member States, ‘with a view to ensuring full equality in practice between men and women in working life’, to maintain or adopt measures providing for specific advantages in order to ‘make it easier for the underrepresented sex to pursue a vocational activity’. |
| --- | --- |

4.1.1

Article 141(4) therefore allows the Member States, ‘with a view to ensuring full equality in practice between men and women in working life’, to maintain or adopt measures providing for specific advantages in order to ‘make it easier for the underrepresented sex to pursue a vocational activity’.

| 4.1.2 | The legal scope for positive discrimination measures should remain and in some cases be extended as there are still big differences between women and men in managerial positions. In 2000 only 31 % of high-level appointments were taken up by women and by 2006 this had only increased by one percentage point to a total of 32 % (9). |
| --- | --- |

4.1.2

The legal scope for positive discrimination measures should remain and in some cases be extended as there are still big differences between women and men in managerial positions. In 2000 only 31 % of high-level appointments were taken up by women and by 2006 this had only increased by one percentage point to a total of 32 % (9).

| 4.1.3 | Directive 75/117/EEC, adopted by the Council in 1975 established, inter alia, that the principle of equal pay for men and women means that there may be no discrimination on the grounds of sex for equal work or for work of equal value. This legislation has provided the basis for most Member States' equal pay legislation and collective agreements, thereby strengthening women's position in the labour market. |
| --- | --- |

4.1.3

Directive 75/117/EEC, adopted by the Council in 1975 established, inter alia, that the principle of equal pay for men and women means that there may be no discrimination on the grounds of sex for equal work or for work of equal value. This legislation has provided the basis for most Member States' equal pay legislation and collective agreements, thereby strengthening women's position in the labour market.

| 4.1.4 | According to the EC Treaty Article 141 ‘pay’ means ‘the ordinary basic or minimum wage or salary and any other consideration, whether in cash or in kind, which the worker receives directly or indirectly, in respect of his employment, from his employer’. |
| --- | --- |

4.1.4

According to the EC Treaty Article 141 ‘pay’ means ‘the ordinary basic or minimum wage or salary and any other consideration, whether in cash or in kind, which the worker receives directly or indirectly, in respect of his employment, from his employer’.

| 4.1.5 | There should be more agreement between national equal rights provisions on employment and pay conditions in order to avoid direct and indirect discrimination of women. |
| --- | --- |

4.1.5

There should be more agreement between national equal rights provisions on employment and pay conditions in order to avoid direct and indirect discrimination of women.

| 4.1.6 | The existing legislation has clearly been inadequately implemented in terms of ensuring that the principle of equal pay for equivalent work is applied. This type of discrimination is difficult to detect. The parties concerned are not always aware that they are being discriminated against and/or find it hard to produce evidence for it. The Committee believes that employers or their representatives must have effective means at their disposal for checking whether they receive the same pay for the same work or for work of equivalent value. |
| --- | --- |

4.1.6

The existing legislation has clearly been inadequately implemented in terms of ensuring that the principle of equal pay for equivalent work is applied. This type of discrimination is difficult to detect. The parties concerned are not always aware that they are being discriminated against and/or find it hard to produce evidence for it. The Committee believes that employers or their representatives must have effective means at their disposal for checking whether they receive the same pay for the same work or for work of equivalent value.

| 4.1.7 | An active instrument for monitoring and achieving fair pay scales is for employers in large and medium-sized firms to make annual checks and reviews of wages and wage trends to identify the problems of gender discrimination in job classification systems and implement the appropriate solutions by establishing an equal opportunities plan including transparent pay systems to ensure that the skills, experience and potential of all staff are rewarded fairly. Equal pay plans should be drawn up with concrete objectives, e.g. to reduce pay differentials by 1 % per year. Employers in all Member States should, every year, provide employees and their representatives with wage statistics, broken down by gender. |
| --- | --- |

4.1.7

An active instrument for monitoring and achieving fair pay scales is for employers in large and medium-sized firms to make annual checks and reviews of wages and wage trends to identify the problems of gender discrimination in job classification systems and implement the appropriate solutions by establishing an equal opportunities plan including transparent pay systems to ensure that the skills, experience and potential of all staff are rewarded fairly. Equal pay plans should be drawn up with concrete objectives, e.g. to reduce pay differentials by 1 % per year. Employers in all Member States should, every year, provide employees and their representatives with wage statistics, broken down by gender.

| 4.1.8 | One obstacle to implementing the legislation in full is that people lack information and knowledge about the current provisions. Only one third of citizens say they know their rights if they are discriminated against (10). The Committee considers it important to continue to inform the public, employee and employer representatives and legal advisers about these rights. |
| --- | --- |

4.1.8

One obstacle to implementing the legislation in full is that people lack information and knowledge about the current provisions. Only one third of citizens say they know their rights if they are discriminated against (10). The Committee considers it important to continue to inform the public, employee and employer representatives and legal advisers about these rights.

| 4.1.9 | Member states must ensure easy access to mechanisms to appeal and report cases of discrimination and it shall be for the respondent to prove before a court or other competent authority that there has been no breach of the principle of equal treatment (Directive 97/80/EC). |
| --- | --- |

4.1.9

Member states must ensure easy access to mechanisms to appeal and report cases of discrimination and it shall be for the respondent to prove before a court or other competent authority that there has been no breach of the principle of equal treatment (Directive 97/80/EC).

| 4.1.10 | In spite of legislation and collective agreements, the differences between women's and men's salaries have not been levelled out. This indicates that there are other underlying factors (psychological, social and cultural) behind the pay differentials, for example the difficulty in reconciling family responsibilities with a professional activity. It is important to find a balance between private and working life. The Committee therefore considers that the fight for equal pay must be carried out in a large number of areas. |
| --- | --- |

4.1.10

In spite of legislation and collective agreements, the differences between women's and men's salaries have not been levelled out. This indicates that there are other underlying factors (psychological, social and cultural) behind the pay differentials, for example the difficulty in reconciling family responsibilities with a professional activity. It is important to find a balance between private and working life. The Committee therefore considers that the fight for equal pay must be carried out in a large number of areas.

| 4.1.11 | The statutory option to take social clauses into account during public procurement procedures must be exploited, so that preference can be given to players who aim for equality and fair pay scales for men and women. |
| --- | --- |

4.1.11

The statutory option to take social clauses into account during public procurement procedures must be exploited, so that preference can be given to players who aim for equality and fair pay scales for men and women.

| 4.1.12 | The Committee feels that government administration in Member States must set a good example for all other employers — not only in relation to issues directly linked to equal pay and promotion, but also in terms of arrangements such as flexitime enabling a good life-work balance and of training policy to ensure equal opportunities. |
| --- | --- |

4.1.12

The Committee feels that government administration in Member States must set a good example for all other employers — not only in relation to issues directly linked to equal pay and promotion, but also in terms of arrangements such as flexitime enabling a good life-work balance and of training policy to ensure equal opportunities.

| 4.1.13 | Public personalities play a key role in raising awareness; this includes politicians. By setting a good personal example in their professional and private lives, they can often have more of an impact than expensive promotional campaigns. |
| --- | --- |

4.1.13

Public personalities play a key role in raising awareness; this includes politicians. By setting a good personal example in their professional and private lives, they can often have more of an impact than expensive promotional campaigns.

4.2   Fighting the pay gap as an integral part of Member States' employment policies

| 4.2.1 | The European Union's growth and employment strategy, which is anchored in the Lisbon Treaty, is an important instrument to increase labour market equality and to cut pay differentials between women and men. The Committee believes it is important to take measures to provide access to the labour market, increasing participation at all levels, and to exploit the potential for Structural Fund support for this. |
| --- | --- |

4.2.1

The European Union's growth and employment strategy, which is anchored in the Lisbon Treaty, is an important instrument to increase labour market equality and to cut pay differentials between women and men. The Committee believes it is important to take measures to provide access to the labour market, increasing participation at all levels, and to exploit the potential for Structural Fund support for this.

| 4.2.2 | The Committee suggests the following measures:






  — | ensure transparency in job classification systems with a set of criteria that is drawn up and implemented free of gender discrimination; |
| --- | --- | --- |

4.2.2

The Committee suggests the following measures:

—

ensure transparency in job classification systems with a set of criteria that is drawn up and implemented free of gender discrimination;

| — | ensure different evaluation criteria that are related to the nature of the job and not to the person and that do not contain potential different forms of discrimination; |
| --- | --- |

—

ensure different evaluation criteria that are related to the nature of the job and not to the person and that do not contain potential different forms of discrimination;

| — | encourage take-up of non-traditional jobs in order to influence and reduce labour market imbalances. The aim is for women to choose and apply for jobs in science and technology, and for men to choose and apply for jobs in female-dominated occupations; |
| --- | --- |

—

encourage take-up of non-traditional jobs in order to influence and reduce labour market imbalances. The aim is for women to choose and apply for jobs in science and technology, and for men to choose and apply for jobs in female-dominated occupations;

| — | encourage employers to develop, implement and follow up equal opportunities plans, one element of which is a pay survey; |
| --- | --- |

—

encourage employers to develop, implement and follow up equal opportunities plans, one element of which is a pay survey;

| — | encourage employers and employees to contribute towards skills development; |
| --- | --- |

—

encourage employers and employees to contribute towards skills development;

| — | encourage employers and trade unions to come forward with inspection arrangements to monitor the way pay scales are determined. This will involve using labour market nomenclature, legal proceedings, case law and classification of occupations; |
| --- | --- |

—

encourage employers and trade unions to come forward with inspection arrangements to monitor the way pay scales are determined. This will involve using labour market nomenclature, legal proceedings, case law and classification of occupations;

| — | encourage and promote changes that encourage women to apply for and achieve higher managerial positions and directors posts in research and development, technology and innovation; |
| --- | --- |

—

encourage and promote changes that encourage women to apply for and achieve higher managerial positions and directors posts in research and development, technology and innovation;

| — | support and promote the inclusion of a higher proportion of women at all staff levels in growth sectors such as tourism, the environment and the ecosystem sector, telecommunications and biotechnology; |
| --- | --- |

—

support and promote the inclusion of a higher proportion of women at all staff levels in growth sectors such as tourism, the environment and the ecosystem sector, telecommunications and biotechnology;

| — | promote gender-stimulating management practices; |
| --- | --- |

—

promote gender-stimulating management practices;

| — | include a specially designed indicator in the employment strategy for monitoring pay equalisation at Community level. |
| --- | --- |

—

include a specially designed indicator in the employment strategy for monitoring pay equalisation at Community level.

4.3   The Committee suggests the following measures to enhance equal opportunities in education and vocational training:

| — | promote the participation and increase the proportion of women in vocational and labour market training courses in technology and computer skills, particularly at the higher levels within the IT sector; |
| --- | --- |

—

promote the participation and increase the proportion of women in vocational and labour market training courses in technology and computer skills, particularly at the higher levels within the IT sector;

| — | encourage and promote, through education, work experience and other labour market measures, a climate in which more men will apply for jobs in the service and care sector; |
| --- | --- |

—

encourage and promote, through education, work experience and other labour market measures, a climate in which more men will apply for jobs in the service and care sector;

| — | encourage more flexible education and labour market training courses in order to reach out to women in rural and sparsely-populated areas; |
| --- | --- |

—

encourage more flexible education and labour market training courses in order to reach out to women in rural and sparsely-populated areas;

| — | promote women's opportunities for improving their professional skills through vocational training during parental leave and as soon as they return to work. |
| --- | --- |

—

promote women's opportunities for improving their professional skills through vocational training during parental leave and as soon as they return to work.

4.4   The Committee suggests the following measures to create and enhance opportunities for women to start and grow their own business:

| — | exploit the Structural Funds to get more women to start their own business (11); |
| --- | --- |

—

exploit the Structural Funds to get more women to start their own business (11);

| — | create and raise equality awareness among managers, directors and start-up consultants; |
| --- | --- |

—

create and raise equality awareness among managers, directors and start-up consultants;

| — | new focus and design for SME support services (financial and technical) in order to meet and provide for the needs of women who want to start and grow their own business; |
| --- | --- |

—

new focus and design for SME support services (financial and technical) in order to meet and provide for the needs of women who want to start and grow their own business;

| — | provide financial support/loans for women who start and grow a business; |
| --- | --- |

—

provide financial support/loans for women who start and grow a business;

| — | provide support for female entrepreneur networks and organisations and mentoring of women by women; |
| --- | --- |

—

provide support for female entrepreneur networks and organisations and mentoring of women by women;

| — | provide special support for women to set up and grow businesses in the telecommunications and high-tech sectors; |
| --- | --- |

—

provide special support for women to set up and grow businesses in the telecommunications and high-tech sectors;

| — | provide support for women who promote and lead social economy initiatives. |
| --- | --- |

—

provide support for women who promote and lead social economy initiatives.

4.5   Women's right to pursue a career and earn a living needs to be enhanced. It must be possible for both men and women to live decently on their wages. The Committee suggests the following measures to make it easier to reconcile working life with family responsibilities:

| — | subsidised childcare, which enables parents to continue working after having children and can lead to shorter career breaks; |
| --- | --- |

—

subsidised childcare, which enables parents to continue working after having children and can lead to shorter career breaks;

| — | training support for child- and healthcare staff; |
| --- | --- |

—

training support for child- and healthcare staff;

| — | the introduction of paid parental leave in countries where it does not exist at present, for example, by adopting the provisions applied in EU institutions, and enabling parents to take longer periods of paid parental leave. It must be possible to split parental leave between both parents; setting aside part of parental leave for fathers is an important step forward in efforts to get fathers to take greater responsibility in the family. Economic incentives to compensate for any loss of income should be mobilised to try and get more men to take parental leave. (This issue is on the agenda of the European Social Partners as proposed during the second consultation of the European Social Partners on reconciliation of professional, private and family life) (12); |
| --- | --- |

—

the introduction of paid parental leave in countries where it does not exist at present, for example, by adopting the provisions applied in EU institutions, and enabling parents to take longer periods of paid parental leave. It must be possible to split parental leave between both parents; setting aside part of parental leave for fathers is an important step forward in efforts to get fathers to take greater responsibility in the family. Economic incentives to compensate for any loss of income should be mobilised to try and get more men to take parental leave. (This issue is on the agenda of the European Social Partners as proposed during the second consultation of the European Social Partners on reconciliation of professional, private and family life) (12);

| — | support for teleworking to provide more opportunities for those who, for various reasons, are unable to commute to attend training courses and take up employment; |
| --- | --- |

—

support for teleworking to provide more opportunities for those who, for various reasons, are unable to commute to attend training courses and take up employment;

| — | create opportunities for labour reinsertion courses, using the tax system, for example. These courses should target women who have been out of the labour market for extended periods because they have been on parental leave, looking after children; |
| --- | --- |

—

create opportunities for labour reinsertion courses, using the tax system, for example. These courses should target women who have been out of the labour market for extended periods because they have been on parental leave, looking after children;

| — | publicly subsidised facilities for the elderly and other care-dependent people, which make it easier for women in particular to take part in the labour market. |
| --- | --- |

—

publicly subsidised facilities for the elderly and other care-dependent people, which make it easier for women in particular to take part in the labour market.

4.6   The Committee suggests the following measures to increase women's participation and influence:

| — | create a gender balance on committees and decision-making bodies; |
| --- | --- |

—

create a gender balance on committees and decision-making bodies;

| — | involve representative equal opportunities organisations and women's organisations in monitoring committees, partnerships and other forums; |
| --- | --- |

—

involve representative equal opportunities organisations and women's organisations in monitoring committees, partnerships and other forums;

| — | exploit the potential to promote women to leadership and decision-making positions in structures that are responsible for management and implementation; |
| --- | --- |

—

exploit the potential to promote women to leadership and decision-making positions in structures that are responsible for management and implementation;

| — | ensure that women equal enjoy ongoing equality in the world of work so that they are not only in demand during an economic upturn and are hit first and hardest when there is a downturn; |
| --- | --- |

—

ensure that women equal enjoy ongoing equality in the world of work so that they are not only in demand during an economic upturn and are hit first and hardest when there is a downturn;

| — | hold regular discussions with organisations that are active in the field of equal opportunities. |
| --- | --- |

—

hold regular discussions with organisations that are active in the field of equal opportunities.

4.7   Work to ensure employers implement the equal pay principle and accept social responsibility

| 4.7.1 | Equal pay for equal work has become increasingly accepted in Europe, although not as a matter of course in all 27 EU countries. Although the ILO's Equal Remuneration Convention (adopted in 1951) was ratified by all 27 Member States more than 50 years ago and stipulates in Article 2 that ‘Each Member shall, by means appropriate to the methods in operation for determining rates of remuneration, promote and, in so far as is consistent with such methods, ensure the application to all workers of the principle of equal remuneration for men and women workers for work of equal value’, there is still an assumption that women can fall back on a man's income, which is divorced from reality in today's society. It is not easily accepted that work of equivalent value will also be rewarded with equal pay. There is an intrinsic difficulty in assessing whether jobs or professions are equivalent. A number of court cases can provide guidance in this area. |
| --- | --- |

4.7.1

Equal pay for equal work has become increasingly accepted in Europe, although not as a matter of course in all 27 EU countries. Although the ILO's Equal Remuneration Convention (adopted in 1951) was ratified by all 27 Member States more than 50 years ago and stipulates in Article 2 that ‘Each Member shall, by means appropriate to the methods in operation for determining rates of remuneration, promote and, in so far as is consistent with such methods, ensure the application to all workers of the principle of equal remuneration for men and women workers for work of equal value’, there is still an assumption that women can fall back on a man's income, which is divorced from reality in today's society. It is not easily accepted that work of equivalent value will also be rewarded with equal pay. There is an intrinsic difficulty in assessing whether jobs or professions are equivalent. A number of court cases can provide guidance in this area.

| 4.7.2 | The Committee believes that employers could use the following measures to reduce the pay gap between women and men:






  — | flexitime improves gender equality in the labour market. Voluntary part-time work is one way for parents to combine work with their responsibility for caring for the family. It is, however, important to ensure that they can return to full-time work later. Giving parents who are reluctantly working part time the opportunity to work full time enables them to be economically independent, which is especially important for those who have care duties to fulfil; |
| --- | --- | --- |

4.7.2

The Committee believes that employers could use the following measures to reduce the pay gap between women and men:

—

flexitime improves gender equality in the labour market. Voluntary part-time work is one way for parents to combine work with their responsibility for caring for the family. It is, however, important to ensure that they can return to full-time work later. Giving parents who are reluctantly working part time the opportunity to work full time enables them to be economically independent, which is especially important for those who have care duties to fulfil;

| — | working hours must be made compatible with family responsibilities. The gender-based distribution of home and care duties must be changed in order to create a better balance between men and women. The man's role as a carer in the family and household must be strengthened; |
| --- | --- |

—

working hours must be made compatible with family responsibilities. The gender-based distribution of home and care duties must be changed in order to create a better balance between men and women. The man's role as a carer in the family and household must be strengthened;

| — | models for comparing jobs and professional responsibilities provide a basis for assessing pay, thus constituting an instrument for implementing the equal pay principle. There is also a need to develop job evaluation schemes which can be used to determine jobs of equal value across different staff groups. This would help to ensure that the same pay is paid for equal work regardless of gender; |
| --- | --- |

—

models for comparing jobs and professional responsibilities provide a basis for assessing pay, thus constituting an instrument for implementing the equal pay principle. There is also a need to develop job evaluation schemes which can be used to determine jobs of equal value across different staff groups. This would help to ensure that the same pay is paid for equal work regardless of gender;

| — | seeing parental leave in a positive light and rewarding this experience through promotion and pay structures. However, this should not put people without children in an unequal position with regard to pay and career advancement; |
| --- | --- |

—

seeing parental leave in a positive light and rewarding this experience through promotion and pay structures. However, this should not put people without children in an unequal position with regard to pay and career advancement;

| — | society and employers can help to increase women's employment and career advancement potential by providing childcare; |
| --- | --- |

—

society and employers can help to increase women's employment and career advancement potential by providing childcare;

| — | employers can make it easier and provide more scope to reconcile family responsibilities with working life by offering leave during school holidays and when children are sick; |
| --- | --- |

—

employers can make it easier and provide more scope to reconcile family responsibilities with working life by offering leave during school holidays and when children are sick;

| — | in countries where there is no statutory right to paternity leave following the birth of a child or adoption, employers can lead by example by being socially responsible and offering such leave (13); |
| --- | --- |

—

in countries where there is no statutory right to paternity leave following the birth of a child or adoption, employers can lead by example by being socially responsible and offering such leave (13);

| — | offering leave to care for close relations who are sick; |
| --- | --- |

—

offering leave to care for close relations who are sick;

| — | providing further education for women and investing in career development programmes for women; |
| --- | --- |

—

providing further education for women and investing in career development programmes for women;

| — | teaching men, and women themselves, to see, understand, recognise and capitalise on women's skills. |
| --- | --- |

—

teaching men, and women themselves, to see, understand, recognise and capitalise on women's skills.

4.8   Promote exchange of good practice throughout the European Union and involve the social partners

| 4.8.1 | The Committee believes that concrete progress can be achieved by exchanging and promoting effective methods and through strengthened dialogue between the Member States. True equality and fair pay structures can only be achieved if all Member States take constructive measures and work to eliminate the pay gap between women and men. Employer and employee organisations and the EU Gender Equality Institute have an important role to play in achieving this objective. |
| --- | --- |

4.8.1

The Committee believes that concrete progress can be achieved by exchanging and promoting effective methods and through strengthened dialogue between the Member States. True equality and fair pay structures can only be achieved if all Member States take constructive measures and work to eliminate the pay gap between women and men. Employer and employee organisations and the EU Gender Equality Institute have an important role to play in achieving this objective.

| 4.8.2 | The social partners must help to reduce pay differentials through targeted initiatives during pay negotiations. A concrete example of a successful initiative in this area is the framework agreement on gender equality adopted by the social partners at EU level in 2005 where one of the four priorities is tackling the gender pay gap (14). |
| --- | --- |

4.8.2

The social partners must help to reduce pay differentials through targeted initiatives during pay negotiations. A concrete example of a successful initiative in this area is the framework agreement on gender equality adopted by the social partners at EU level in 2005 where one of the four priorities is tackling the gender pay gap (14).

| 4.8.3 | Changes of various kinds are needed in statistics on wages so as to make information on pay differences a more adequate basis for decisions. The causes of pay differentials need closer study and sharing the resulting knowledge can be used to reveal, correct and prevent discrimination. |
| --- | --- |

4.8.3

Changes of various kinds are needed in statistics on wages so as to make information on pay differences a more adequate basis for decisions. The causes of pay differentials need closer study and sharing the resulting knowledge can be used to reveal, correct and prevent discrimination.

| 4.8.4 | To this end, the Dublin-based European Foundation for the Improvement of Living and Working Conditions and the EU Gender Equality Institute should compile and present comparable statistics from the Member States on women's representation in management and on boards of directors in both the public and private sectors, together with statistics showing the progress in the various Member States with regard to equal pay for equal work. |
| --- | --- |

4.8.4

To this end, the Dublin-based European Foundation for the Improvement of Living and Working Conditions and the EU Gender Equality Institute should compile and present comparable statistics from the Member States on women's representation in management and on boards of directors in both the public and private sectors, together with statistics showing the progress in the various Member States with regard to equal pay for equal work.

Brussels, 22 April 2008.

The President

of the European Economic and Social Committee

Dimitris DIMITRIADIS

---

(1)  Article 4: http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:1998:014:0006:0008:EN:PDF.

1

(2)  This issue is on the agenda of the European Social Partners, as proposed during the second consultation of the European Social Partners on reconciliation of professional, private and family life.

2

(3)  The Committee refers to the recommendations presented in previous opinions, most recently the EESC opinion of 13 February 2008 on the ‘Proposal for a Council Decision on guidelines for the employment policies of the Member States (under Article 128 of the EC Treaty)’, rapporteur: Mr Greif, CESE 282/2008 (SOC/303), and specifically point 2.3.

3

(4)  COM(2008) 10 final, 23 January 2008.

4

(5)  See www.epws.org.

5

(6)  EESC opinion of 13 September 2006 on ‘A Roadmap for equality between women and men 2006-2010’, rapporteur: Ms Attard, (OJ C 318, 23.12.2006). Other opinions that can be mentioned in this context are: EESC opinion of 28 September 2005 on the ‘Creation of a European Institute for Gender Equality’, rapporteur: Ms Štechová, (OJ C 24, 31.1.2006) and EESC opinion of 29 September 2005 on ‘Poverty among Women in Europe’, rapporteur: Ms King, (OJ C 24, 31.1.2006). See also the ETUC Charter on Gender Mainstreaming in Trade Unions, adopted by the ETUC Congress in Seville, 23 May 2007, and the European Commission Manual for Gender Mainstreaming of Employment Policies, July 2007.

6

(7)  See footnote 3.

7

(8)  EESC opinion of 29 November 2001 on ‘Economic Growth, Taxation and Sustainability of Pension Rights in the EU’ (OJ C 48, 21.2.2002), rapporteur: Mr Byrne; co-rapporteur: Mr van Dijk.

8

(9)  Eurostat, Labour Force Survey, Managers in the EU — Distribution by sex 2000 and 2006.

9

(10)  Eurobarometer.

10

(11)  EESC opinion of 25 October 2007 on ‘Entrepreneurship mindsets and the Lisbon Agenda’, rapporteur: Ms Sharma; co-rapporteur: Mr Olsson (OJ C 44, 16.2.2008).

11

(12)  In Denmark all firms have been legally obliged to pay into a central equalisation fund for parental leave since 1 October 2006. This means that no firms are disadvantaged when having to pay out salaries during parental leave, and that there is no risk of parents on leave becoming an economic burden on individual employers. There is a similar scheme in Iceland where all employers and employees pay into a state fund for parental care. A three-part model is applied where the mother and father are each entitled to one-third of the nine-month parental leave period and the remaining third can be divided between them as they see fit. Following the entry into force of the parental leave law, nearly 90 % of Icelandic fathers take parental leave.

12

(13)  Since 1 July 2006 Sweden has had new parental leave legislation which lays down that employees on parental leave may not be treated unfairly by employers. The new law means that those on parental leave may not be treated differently from other workers. According to the Equal Opportunities Ombudsman, employees on parental leave must be treated as if they were at work. Women take, on average, considerably longer periods of parental leave than men, which means they are more likely to be miss out on bonuses and ex gratia payments.

13

(14)  Framework of Actions on Gender Equality:

14

http://ec.europa.eu/employment_social/news/2005/mar/gender_equality_en.pdf.

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| 19.8.2008 | EN | Official Journal of the European Union | C 211/61 |
| --- | --- | --- | --- |

19.8.2008

EN

Official Journal of the European Union

C 211/61

---

Opinion of the European Economic and Social Committee on the ‘Prevention of terrorism and violent radicalisation’

(2008/C 211/17)

By letter of 17 December 2007, Ms Margot Wallström, Vice-President of the European Commission, asked the European Economic and Social Committee, under Article 262 of the Treaty establishing the European Community, to draw up an exploratory opinion on the

Prevention of terrorism and violent radicalisation.

The Section for Employment, Social Affairs and Citizenship, which was responsible for preparing the Committee's work on the subject, adopted its opinion on 2 April 2008. The rapporteur was Mr Retureau, and the co-rapporteur was Mr Cabra de Luna.

At its 444th plenary session, held on 22 and 23 April 2008 (meeting of 22 April), the European Economic and Social Committee adopted the following opinion by 147 votes to 1, with 5 abstentions.

1.   Introduction

| 1.1 | The Commission has asked the Committee to issue an exploratory opinion on the prevention of terrorism and in particular policies to prevent violent radicalisation, on which it plans to adopt a Communication in July 2008. The main objective of the Communication is to identify good practices in terms of policies, actions and initiatives in the field of countering violent radicalisation. Currently, it is foreseen that themes such as violent radicalisation in prisons and other places of vulnerability or recruitment, addressing the narrative and ideology propagated by violent radicals, as well as the engagement and strengthening of civil society, will be touched upon in the Communication. |
| --- | --- |

1.1

The Commission has asked the Committee to issue an exploratory opinion on the prevention of terrorism and in particular policies to prevent violent radicalisation, on which it plans to adopt a Communication in July 2008. The main objective of the Communication is to identify good practices in terms of policies, actions and initiatives in the field of countering violent radicalisation. Currently, it is foreseen that themes such as violent radicalisation in prisons and other places of vulnerability or recruitment, addressing the narrative and ideology propagated by violent radicals, as well as the engagement and strengthening of civil society, will be touched upon in the Communication.

| 1.2 | The post-cold-war, economically globalised world has seen a profound change in the international power balance. This has had a significant impact on global institutions such as the United Nations, which have seen (and recognised) a multitude of new state entities claiming sovereignty and declaring themselves subject to international public law. |
| --- | --- |

1.2

The post-cold-war, economically globalised world has seen a profound change in the international power balance. This has had a significant impact on global institutions such as the United Nations, which have seen (and recognised) a multitude of new state entities claiming sovereignty and declaring themselves subject to international public law.

| 1.3 | Moreover, conflicts have erupted in some of these new countries, and armed movements still occupy some territories. Human rights are often trampled underfoot. |
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1.3

Moreover, conflicts have erupted in some of these new countries, and armed movements still occupy some territories. Human rights are often trampled underfoot.

| 1.4 | Territories or regions which are under little or no control are havens for the leaders of the major terrorist groups, who tend to set up camp wherever the rule of law and public freedoms have ceased to exist. |
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1.4

Territories or regions which are under little or no control are havens for the leaders of the major terrorist groups, who tend to set up camp wherever the rule of law and public freedoms have ceased to exist.

| 1.5 | Resorting to traditional warfare has proved less than effective against this diffuse threat that comes in many guises, with its scattered structures, which exploits fundamentalism and an anti-democratic political ideology to manipulate unofficial groups willing to use political violence. |
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1.5

Resorting to traditional warfare has proved less than effective against this diffuse threat that comes in many guises, with its scattered structures, which exploits fundamentalism and an anti-democratic political ideology to manipulate unofficial groups willing to use political violence.

| 1.6 | The failure to find a peaceful solution to the Palestinian situation or other armed conflicts throughout the world is also a political factor in the development of extremist ideas and acts of international terrorism; it should be stressed, however, that the majority of terrorist acts are carried out in the context of internal conflicts. |
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1.6

The failure to find a peaceful solution to the Palestinian situation or other armed conflicts throughout the world is also a political factor in the development of extremist ideas and acts of international terrorism; it should be stressed, however, that the majority of terrorist acts are carried out in the context of internal conflicts.

| 1.7 | It seems that not enough effort has been made to study the motives and methods of recruitment that can — as on 11 September 2001 — turn managers, engineers and intellectuals into planners and perpetrators of coordinated suicide attacks whose huge scale shows extreme determination and intelligence, and the ability to infiltrate democratic societies. An in-depth understanding of the ideological and psychological motivations at play is essential if a suitable counter-strategy on a comparable scale is to be drawn up, in addition to the necessary geopolitical analyses and the use of all means of intelligence and information exchange. |
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1.7

It seems that not enough effort has been made to study the motives and methods of recruitment that can — as on 11 September 2001 — turn managers, engineers and intellectuals into planners and perpetrators of coordinated suicide attacks whose huge scale shows extreme determination and intelligence, and the ability to infiltrate democratic societies. An in-depth understanding of the ideological and psychological motivations at play is essential if a suitable counter-strategy on a comparable scale is to be drawn up, in addition to the necessary geopolitical analyses and the use of all means of intelligence and information exchange.

| 1.8 | The crisis affecting nation-states — at a time when communications and globalisation have created a global world where many issues cannot be resolved solely at national level — comes hand in hand with a crisis in international law, which lacks dissuasive means of control and, above all, sufficient legal means for action. Only the UN Security Council has sufficient powers, but these are lessened by the veto held by five countries. |
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1.8

The crisis affecting nation-states — at a time when communications and globalisation have created a global world where many issues cannot be resolved solely at national level — comes hand in hand with a crisis in international law, which lacks dissuasive means of control and, above all, sufficient legal means for action. Only the UN Security Council has sufficient powers, but these are lessened by the veto held by five countries.

| 1.9 | Nonetheless, a robust, renewed multilateral system could confront global climate, economic and social problems under more favourable conditions; international terrorism could be fought more effectively within a multilateral framework that ensures coordination and cooperation between governments and international agencies (Interpol), with the participation of NGOs which continue to monitor democracy and the defence of procedural rights and public liberties. |
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1.9

Nonetheless, a robust, renewed multilateral system could confront global climate, economic and social problems under more favourable conditions; international terrorism could be fought more effectively within a multilateral framework that ensures coordination and cooperation between governments and international agencies (Interpol), with the participation of NGOs which continue to monitor democracy and the defence of procedural rights and public liberties.

2.   Responsibilities for Europe, and initiatives in progress or under preparation

| 2.1 | To fight terrorism effectively at EU level, the Member States had to adopt a common definition of the crime of terrorism, and bring their criminal law systems closer together in the area of criminal charges and penalties. This process, together with the adoption of the European arrest warrant, was embarked on quickly and, over time, the Council has adopted relevant framework decisions, particularly since the 1990s. |
| --- | --- |

2.1

To fight terrorism effectively at EU level, the Member States had to adopt a common definition of the crime of terrorism, and bring their criminal law systems closer together in the area of criminal charges and penalties. This process, together with the adoption of the European arrest warrant, was embarked on quickly and, over time, the Council has adopted relevant framework decisions, particularly since the 1990s.

| 2.2 | Since the horrendous attacks of 11 September 2001 on the USA, essential coordination has been established both internationally and at European and Community level: the UN Security Council linked to Interpol, NATO for military operations, the Council of Europe (with, in particular, its Convention on the Prevention of Terrorism), the OSCE and, lastly, the EU and Europol. Cooperation has been developed with the USA, the countries of the Maghreb and the African Union, along with individual military, police and financial support operations for certain countries. |
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2.2

Since the horrendous attacks of 11 September 2001 on the USA, essential coordination has been established both internationally and at European and Community level: the UN Security Council linked to Interpol, NATO for military operations, the Council of Europe (with, in particular, its Convention on the Prevention of Terrorism), the OSCE and, lastly, the EU and Europol. Cooperation has been developed with the USA, the countries of the Maghreb and the African Union, along with individual military, police and financial support operations for certain countries.

| 2.3 | A consensus has been reached in the Community institutions and Member States, among political leaders and the majority of citizens, regarding the definition of terrorism and the types of legal or illegal actions that it does not comprise. It is necessary to be able to carefully target the threat and its permutations, to prevent efforts from being too scattered and pointless restrictions being imposed on individual and collective rights and freedoms. |
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2.3

A consensus has been reached in the Community institutions and Member States, among political leaders and the majority of citizens, regarding the definition of terrorism and the types of legal or illegal actions that it does not comprise. It is necessary to be able to carefully target the threat and its permutations, to prevent efforts from being too scattered and pointless restrictions being imposed on individual and collective rights and freedoms.

| 2.4 | However, in some African and Middle Eastern countries in particular that have authoritarian governments, there is a tendency to use the ‘counter-terrorism’ label to attack any kind of political opposition. This should be a matter of concern for the EU and its members, some of which enjoy economic and political relations, and cooperate militarily, with the leaders of these States, and should use their influence to limit such abuse. |
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2.4

However, in some African and Middle Eastern countries in particular that have authoritarian governments, there is a tendency to use the ‘counter-terrorism’ label to attack any kind of political opposition. This should be a matter of concern for the EU and its members, some of which enjoy economic and political relations, and cooperate militarily, with the leaders of these States, and should use their influence to limit such abuse.

| 2.5 | Internationally, the trickiest problem seems to be finding the right response to the threats that persist in the world from various terrorist movements, against embassies or other ‘targets’, particularly civilians. For geographical reasons, Europe remains the region most at risk from terrorist attacks. |
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2.5

Internationally, the trickiest problem seems to be finding the right response to the threats that persist in the world from various terrorist movements, against embassies or other ‘targets’, particularly civilians. For geographical reasons, Europe remains the region most at risk from terrorist attacks.

| 2.6 | Acts of terrorism aim to instil a climate of fear and insecurity, and to undermine democratic institutions. It is important, therefore, not to fall into the trap of imposing unjustified restrictions on human rights and civil liberties in the name of security; the most at-risk countries have for years experienced emergency conditions of varying intensity: some measures may go beyond what is essential or manageable, for instance with regard to the personal data of transatlantic passengers, requiring a host of details and an excessively long retention period. |
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2.6

Acts of terrorism aim to instil a climate of fear and insecurity, and to undermine democratic institutions. It is important, therefore, not to fall into the trap of imposing unjustified restrictions on human rights and civil liberties in the name of security; the most at-risk countries have for years experienced emergency conditions of varying intensity: some measures may go beyond what is essential or manageable, for instance with regard to the personal data of transatlantic passengers, requiring a host of details and an excessively long retention period.

| 2.7 | Network surveillance, widespread video surveillance in public and private areas accessible to the public, border control policies, management of demonstrations, and extensive searches in airports may, if excessive, infringe on privacy, freedom of movement and, more generally, all other civil liberties. This may affect public support for counter-terrorist policies as the public may feel targeted by these actions. |
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2.7

Network surveillance, widespread video surveillance in public and private areas accessible to the public, border control policies, management of demonstrations, and extensive searches in airports may, if excessive, infringe on privacy, freedom of movement and, more generally, all other civil liberties. This may affect public support for counter-terrorist policies as the public may feel targeted by these actions.

| 2.8 | Intrusions into citizens' lives and more severe controls may also (as has already been widely pointed out) result in a rise in checks on certain specifically-targeted ‘visible minorities’, who will feel increasingly stigmatised and subject to ethnic or racist discrimination. The threshold for tolerance has already been greatly surpassed, which encourages ‘violent radicalisation’ during conflicts and clashes between police or military forces and young people from certain deprived areas, which are witness to the destruction of buildings and public and private property. |
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2.8

Intrusions into citizens' lives and more severe controls may also (as has already been widely pointed out) result in a rise in checks on certain specifically-targeted ‘visible minorities’, who will feel increasingly stigmatised and subject to ethnic or racist discrimination. The threshold for tolerance has already been greatly surpassed, which encourages ‘violent radicalisation’ during conflicts and clashes between police or military forces and young people from certain deprived areas, which are witness to the destruction of buildings and public and private property.

| 2.9 | These episodes of urban violence, if lumped together under the umbrella of ‘radicalisation into violence’ (considered the precursor to terrorism or even a form of terrorism per se), can however lead to an overly broad definition of the crime of actual, attempted or complicit terrorist activity, extending it to include various forms of violence which, though severe, are not necessarily driven by the intent to commit a terrorist act, even if they have caused extensive destruction of property and possible serious injury. |
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2.9

These episodes of urban violence, if lumped together under the umbrella of ‘radicalisation into violence’ (considered the precursor to terrorism or even a form of terrorism per se), can however lead to an overly broad definition of the crime of actual, attempted or complicit terrorist activity, extending it to include various forms of violence which, though severe, are not necessarily driven by the intent to commit a terrorist act, even if they have caused extensive destruction of property and possible serious injury.

| 2.10 | The motive behind the act or attempt is key to its definition as terrorism. |
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2.10

The motive behind the act or attempt is key to its definition as terrorism.

| 2.11 | Terrorist movements have emerged in the recent past and continue to do so today on our continent. Political violence has no justifiable motive in democratic countries where political parties can be formed and one can vote in regular, fair elections at all levels of government (local, national and, in Europe's case, the European Parliament). |
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2.11

Terrorist movements have emerged in the recent past and continue to do so today on our continent. Political violence has no justifiable motive in democratic countries where political parties can be formed and one can vote in regular, fair elections at all levels of government (local, national and, in Europe's case, the European Parliament).

3.   General points

| 3.1 | While there may be a consensus about the definition of terrorism, certain new concepts may be problematic, such as ‘violent radicalisation’, defined by the Commission as ‘the phenomenon of people embracing opinions, views and ideas which could lead to acts of terrorism as defined in Article 1 of the Framework Decision on Combating Terrorism’ of 2002. |
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3.1

While there may be a consensus about the definition of terrorism, certain new concepts may be problematic, such as ‘violent radicalisation’, defined by the Commission as ‘the phenomenon of people embracing opinions, views and ideas which could lead to acts of terrorism as defined in Article 1 of the Framework Decision on Combating Terrorism’ of 2002.

| 3.2 | This was highlighted in the Burgess report to the EP, with regard to the new concept of ‘violent radicalisation’ in the context of terrorist support and recruitment: ‘The definitional challenge related to violent radicalisation and its prevention is that of intention’. Moreover, radicalisation is often a process that can extend over time, years even, meaning that there is time for dialogue, education and information procedures and other preventive measures. |
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3.2

This was highlighted in the Burgess report to the EP, with regard to the new concept of ‘violent radicalisation’ in the context of terrorist support and recruitment: ‘The definitional challenge related to violent radicalisation and its prevention is that of intention’. Moreover, radicalisation is often a process that can extend over time, years even, meaning that there is time for dialogue, education and information procedures and other preventive measures.

| 3.3 | Terrorism is already old news in the political world, making use today of global communication modes, tax havens, and the opportunities provided by weakly governed countries or those whose state apparatus has collapsed in order to set up bases and training camps. Nonetheless, it is more an amorphous phenomenon than a single, structured international network. |
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3.3

Terrorism is already old news in the political world, making use today of global communication modes, tax havens, and the opportunities provided by weakly governed countries or those whose state apparatus has collapsed in order to set up bases and training camps. Nonetheless, it is more an amorphous phenomenon than a single, structured international network.

| 3.4 | The newest factor in the influence of terrorism can be found in the instantaneous, global media that report in a detailed and visible way, with pictures and often practically live coverage of attacks, the effects of which can be felt more than ever before. However, freedom of the press means that such sensationalism cannot be halted — and this considerably increases the fear and insecurity felt by civilians, and provides publicity for terrorist attacks. |
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3.4

The newest factor in the influence of terrorism can be found in the instantaneous, global media that report in a detailed and visible way, with pictures and often practically live coverage of attacks, the effects of which can be felt more than ever before. However, freedom of the press means that such sensationalism cannot be halted — and this considerably increases the fear and insecurity felt by civilians, and provides publicity for terrorist attacks.

| 3.5 | The Internet is a forum for communication that is exploited to spread ideologies which support violence and recruit supporters or even candidates for suicide attacks, to enable communication between attackers and their leaders, and to disseminate techniques such as making home-made bombs. |
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3.5

The Internet is a forum for communication that is exploited to spread ideologies which support violence and recruit supporters or even candidates for suicide attacks, to enable communication between attackers and their leaders, and to disseminate techniques such as making home-made bombs.

| 3.6 | However, apart from seeking out websites which glorify terrorism, it will be hard to monitor communications between certain groups, given today's technologies for encoding and concealing encrypted information, whether written or spoken. |
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3.6

However, apart from seeking out websites which glorify terrorism, it will be hard to monitor communications between certain groups, given today's technologies for encoding and concealing encrypted information, whether written or spoken.

| 3.7 | The EESC therefore has doubts as to the likely effectiveness of the heightened measures being adopted to monitor the Internet and private communications. |
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3.7

The EESC therefore has doubts as to the likely effectiveness of the heightened measures being adopted to monitor the Internet and private communications.

| 3.8 | It is also reasonable to doubt whether identity checks and luggage or vehicle searches at road borders, airports, ports or, more rarely, bus or train stations actually prevent the movement of terrorists, even though the secure protection of identity papers is a good way to prevent them from being faked. While such measures do, to an extent, effectively complicate the movement of criminals in general, they also complicate the lives of the public and are creating a detailed map of people's movements, if one also includes the proliferation of video-surveillance systems, private security guards, electronic access passes for public and private establishments, and mobile telephone transmissions and other means for real-time location of persons. These methods do not, however, prevent suicide attacks. They create the feeling of a police state, if democratic steps are not taken to show that the use of these technologies must not exceed the strict minimum required to achieve their objectives. National bodies ‘to watch the watchers’ and the creation of a European think-tank in this field, and regarding data on presumed terrorists, could be a solution. |
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3.8

It is also reasonable to doubt whether identity checks and luggage or vehicle searches at road borders, airports, ports or, more rarely, bus or train stations actually prevent the movement of terrorists, even though the secure protection of identity papers is a good way to prevent them from being faked. While such measures do, to an extent, effectively complicate the movement of criminals in general, they also complicate the lives of the public and are creating a detailed map of people's movements, if one also includes the proliferation of video-surveillance systems, private security guards, electronic access passes for public and private establishments, and mobile telephone transmissions and other means for real-time location of persons. These methods do not, however, prevent suicide attacks. They create the feeling of a police state, if democratic steps are not taken to show that the use of these technologies must not exceed the strict minimum required to achieve their objectives. National bodies ‘to watch the watchers’ and the creation of a European think-tank in this field, and regarding data on presumed terrorists, could be a solution.

| 3.9 | In principle, the surveillance of illegal financial flows does not really hinder the daily lives of citizens, and makes it possible to watch out for illegal practices (trafficking of arms, human beings, drugs, etc.) which enable illegal capital to be accrued. This would help to hinder the acquisition of funds for terrorist violence and to improve knowledge of the breeding grounds for this violence (1). However, it is very difficult to prevent transfers made in cash or via a system of correspondents whereby money deposited in one country is collected by a middle-man in another, or operations carried out or confirmed by encrypted message or letter. Surveillance and investigations can be effective when it comes to fundraising for charities or humanitarian organisations with hidden links to terrorist groups. However, it is important to avoid monitoring all NGOs or complicating their humanitarian or charitable activities and fundraising, in a climate of widespread suspicion; this is troublesome for the public and makes it harder for charities to do their work — to the extent that it may even prevent their programmes from being properly carried out. |
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3.9

In principle, the surveillance of illegal financial flows does not really hinder the daily lives of citizens, and makes it possible to watch out for illegal practices (trafficking of arms, human beings, drugs, etc.) which enable illegal capital to be accrued. This would help to hinder the acquisition of funds for terrorist violence and to improve knowledge of the breeding grounds for this violence (1). However, it is very difficult to prevent transfers made in cash or via a system of correspondents whereby money deposited in one country is collected by a middle-man in another, or operations carried out or confirmed by encrypted message or letter. Surveillance and investigations can be effective when it comes to fundraising for charities or humanitarian organisations with hidden links to terrorist groups. However, it is important to avoid monitoring all NGOs or complicating their humanitarian or charitable activities and fundraising, in a climate of widespread suspicion; this is troublesome for the public and makes it harder for charities to do their work — to the extent that it may even prevent their programmes from being properly carried out.

| 3.10 | Data exchanges between police forces and intelligence agencies concern highly sensitive information such as pictures, names, addresses, fingerprints and DNA profiles and membership of organisations, and uncertainty still remains regarding a real guarantee of privacy and protection from data processing or evaluation errors in VIS and SIS files, criminal records and other files, and the possibility for individuals to correct data held in their records. |
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3.10

Data exchanges between police forces and intelligence agencies concern highly sensitive information such as pictures, names, addresses, fingerprints and DNA profiles and membership of organisations, and uncertainty still remains regarding a real guarantee of privacy and protection from data processing or evaluation errors in VIS and SIS files, criminal records and other files, and the possibility for individuals to correct data held in their records.

| 3.11 | At the end of the day, the EU's key contribution lies in harmonisation, cooperation and sharing of experiences, which can still be improved on, though care should be taken to avoid layer upon layer of legislation and extraordinary measures, when existing laws and bodies against organised or financial crime could be extended to cover terrorism. |
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3.11

At the end of the day, the EU's key contribution lies in harmonisation, cooperation and sharing of experiences, which can still be improved on, though care should be taken to avoid layer upon layer of legislation and extraordinary measures, when existing laws and bodies against organised or financial crime could be extended to cover terrorism.

| 3.12 | There is much literature confirming that states of emergency (even if only low- or medium-level) tend to encourage the restriction of civil liberties, the erosion of guarantees of the rule of law and suspicion towards foreigners, legal and illegal migrants and asylum seekers. This can be observed in most Member States. An atmosphere of racism and xenophobia is spreading, and this rising tide should be opposed in both words and deeds. |
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3.12

There is much literature confirming that states of emergency (even if only low- or medium-level) tend to encourage the restriction of civil liberties, the erosion of guarantees of the rule of law and suspicion towards foreigners, legal and illegal migrants and asylum seekers. This can be observed in most Member States. An atmosphere of racism and xenophobia is spreading, and this rising tide should be opposed in both words and deeds.

| 3.13 | The roles of the Member States, EU institutions, Europol, Eurojust, etc. are well defined, but it is above all the operational nature of cooperation within intelligence agencies and investigations which requires constant improvement. |
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3.13

The roles of the Member States, EU institutions, Europol, Eurojust, etc. are well defined, but it is above all the operational nature of cooperation within intelligence agencies and investigations which requires constant improvement.

| 3.14 | To prevent radical violence and terrorism, knowledge is required of the backgrounds and ideologies conducive to it, and this could help eliminate many preconceived — but unproven — ideas. |
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3.14

To prevent radical violence and terrorism, knowledge is required of the backgrounds and ideologies conducive to it, and this could help eliminate many preconceived — but unproven — ideas.

| 3.15 | The campaign can only be organised in the long term, as democracy and respect for civil liberties must be established or restored in States which are weak or cannot control all their territories, and in authoritarian or dictatorial countries. |
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3.15

The campaign can only be organised in the long term, as democracy and respect for civil liberties must be established or restored in States which are weak or cannot control all their territories, and in authoritarian or dictatorial countries.

| 3.16 | The EESC believes that the usually discreet action of intelligence agencies and police investigations should not necessarily be accompanied by a systematic policy of secrecy towards citizens and their national and European representatives. It should be possible to provide information encouraging public involvement and to carry out democratic supervision, despite the context, using appropriate methods, particularly in order to prevent the erosion of the rule of law. |
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3.16

The EESC believes that the usually discreet action of intelligence agencies and police investigations should not necessarily be accompanied by a systematic policy of secrecy towards citizens and their national and European representatives. It should be possible to provide information encouraging public involvement and to carry out democratic supervision, despite the context, using appropriate methods, particularly in order to prevent the erosion of the rule of law.

4.   The role of civil society in preventing terrorism and radicalisation leading to violence

4.1   Key tasks for civil society

| 4.1.1 | Civil society is the main victim of international terrorism (whether driven by unrepentant nationalism, the instrumentalisation of religious fundamentalism or simply the use of violence as an end in itself). It is the target of terrorism which aims only to punish collectively and indiscriminately, to impose a widespread climate of terror and force the State to yield to its demands. However, as pointed out in the EESC's opinion on Civil society participation in the fight against organised crime and terrorism (2), civil society is also one of the main players in any strategy to fight this threat, both as regards the mechanisms for confronting the most visible effects and underlying causes of terrorism, and its important work in caring for victims who have suffered the consequences of terrorism. |
| --- | --- |

4.1.1

Civil society is the main victim of international terrorism (whether driven by unrepentant nationalism, the instrumentalisation of religious fundamentalism or simply the use of violence as an end in itself). It is the target of terrorism which aims only to punish collectively and indiscriminately, to impose a widespread climate of terror and force the State to yield to its demands. However, as pointed out in the EESC's opinion on Civil society participation in the fight against organised crime and terrorism (2), civil society is also one of the main players in any strategy to fight this threat, both as regards the mechanisms for confronting the most visible effects and underlying causes of terrorism, and its important work in caring for victims who have suffered the consequences of terrorism.

| 4.1.2 | Taking into account the leading role of the State and the EU's institutional framework — particularly in the areas of security, defence, justice and finance — in fighting the most visible symptoms and effects of this threat (preventing terrorist acts, prosecuting and dismantling terrorist groups, detention, judging and sentencing perpetrators of terrorist acts, blocking funding channels, etc.), civil society can also play an important task in this context, by: |
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4.1.2

Taking into account the leading role of the State and the EU's institutional framework — particularly in the areas of security, defence, justice and finance — in fighting the most visible symptoms and effects of this threat (preventing terrorist acts, prosecuting and dismantling terrorist groups, detention, judging and sentencing perpetrators of terrorist acts, blocking funding channels, etc.), civil society can also play an important task in this context, by:

| 4.1.2.1 | actively ensuring that the counter-terrorism strategy never oversteps the rule of law and that the human rights, values, principles and freedoms that define an open and democratic society are protected; |
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4.1.2.1

actively ensuring that the counter-terrorism strategy never oversteps the rule of law and that the human rights, values, principles and freedoms that define an open and democratic society are protected;

| 4.1.2.2 | working with Community and national authorities at all levels to identify activities and persons involved in terrorist networks (the work of financial establishments and bodies managing telecom services is particularly important in this context). This cooperation should be based on a mutual commitment by all those involved to share information, capacities and efforts to meet the common goal of defeating terrorism; |
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4.1.2.2

working with Community and national authorities at all levels to identify activities and persons involved in terrorist networks (the work of financial establishments and bodies managing telecom services is particularly important in this context). This cooperation should be based on a mutual commitment by all those involved to share information, capacities and efforts to meet the common goal of defeating terrorism;

| 4.1.2.3 | setting up channels for dialogue with leaders and social players from the communities in which terrorist groups base themselves, in order to encourage joint efforts to condemn and de-legitimise violent acts and discourse; |
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4.1.2.3

setting up channels for dialogue with leaders and social players from the communities in which terrorist groups base themselves, in order to encourage joint efforts to condemn and de-legitimise violent acts and discourse;

| 4.1.2.4 | establishing exchanges between the different social players, with national and Community authorities, of experiences and practices for isolating and monitoring individuals and groups susceptible to exclusion and radicalisation leading to violence, always being extremely careful to guarantee fundamental rights and freedoms and closely respect the rule of law; |
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4.1.2.4

establishing exchanges between the different social players, with national and Community authorities, of experiences and practices for isolating and monitoring individuals and groups susceptible to exclusion and radicalisation leading to violence, always being extremely careful to guarantee fundamental rights and freedoms and closely respect the rule of law;

| 4.1.2.5 | suggesting approaches (regarding integration processes and the views, attitudes and actions of groups of particular importance in this context) for training programmes aimed at the police, security and intelligence personnel who have the biggest part to play in combating this threat; |
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4.1.2.5

suggesting approaches (regarding integration processes and the views, attitudes and actions of groups of particular importance in this context) for training programmes aimed at the police, security and intelligence personnel who have the biggest part to play in combating this threat;

| 4.1.2.6 | implementing pilot schemes which focus efforts on areas most susceptible to alienation, radicalisation and recruitment (prisons, places of worship, schools, inner-city suburbs, public call centres and telecom establishments, etc.), and designed to prevent the exclusion, radicalisation and demonisation of individuals and groups due to their social class, gender, ethnicity or religion. |
| --- | --- |

4.1.2.6

implementing pilot schemes which focus efforts on areas most susceptible to alienation, radicalisation and recruitment (prisons, places of worship, schools, inner-city suburbs, public call centres and telecom establishments, etc.), and designed to prevent the exclusion, radicalisation and demonisation of individuals and groups due to their social class, gender, ethnicity or religion.

4.2   Integration as a preventive approach: concrete proposals

| 4.2.1 | It is by paying attention to the underlying causes in which terrorist violence breeds that civil society can play its full role. While none of the possible causes identified in this context serve to justify violence of any kind, many lapses into terrorism may be explained as the end result of processes of alienation, radicalisation and recruitment fed by broad inequalities between groups in an area, exclusion and discrimination (social, political or economic) and by double standards applied when judging the actions of different individuals. Integration must therefore be the keystone of any far-reaching strategy, preferably taking a preventive approach, and aiming to: |
| --- | --- |

4.2.1

It is by paying attention to the underlying causes in which terrorist violence breeds that civil society can play its full role. While none of the possible causes identified in this context serve to justify violence of any kind, many lapses into terrorism may be explained as the end result of processes of alienation, radicalisation and recruitment fed by broad inequalities between groups in an area, exclusion and discrimination (social, political or economic) and by double standards applied when judging the actions of different individuals. Integration must therefore be the keystone of any far-reaching strategy, preferably taking a preventive approach, and aiming to:

| 4.2.2 | strengthen formal and informal education systems, geared towards removing negative stereotypes and encouraging tolerance and integration based on shared values inspired essentially by human rights (this means, inter alia, revising current school texts with a view to reformulating conflictual stereotypes in order to encourage tolerance and multicultural learning); |
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4.2.2

strengthen formal and informal education systems, geared towards removing negative stereotypes and encouraging tolerance and integration based on shared values inspired essentially by human rights (this means, inter alia, revising current school texts with a view to reformulating conflictual stereotypes in order to encourage tolerance and multicultural learning);

| 4.2.3 | obtain commitments (including codes of conduct) from the media, so as not to provide a platform for discourse or ideas that could encourage exclusion, racism and xenophobia. While categorically respecting the freedom of the press and of expression, there should be encouragement of media approaches and positions that focus on shared values throughout history and the advantages of a rich multicultural heritage in a globalised world; |
| --- | --- |

4.2.3

obtain commitments (including codes of conduct) from the media, so as not to provide a platform for discourse or ideas that could encourage exclusion, racism and xenophobia. While categorically respecting the freedom of the press and of expression, there should be encouragement of media approaches and positions that focus on shared values throughout history and the advantages of a rich multicultural heritage in a globalised world;

| 4.2.4 | by means of public campaigns, disseminate messages and inclusive approaches that help to clarify and correct erroneous concepts (international terrorism rather than Islamic terrorism, integration rather than assimilation) or inappropriate images (citizens rather than immigrants) that widen divides and encourage conflict; |
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4.2.4

by means of public campaigns, disseminate messages and inclusive approaches that help to clarify and correct erroneous concepts (international terrorism rather than Islamic terrorism, integration rather than assimilation) or inappropriate images (citizens rather than immigrants) that widen divides and encourage conflict;

| 4.2.5 | help to raise awareness about the importance of identifying human rights as the essential basis for integration in a multicultural society. In this context, organised civil society should be an important driving force in creating a society whose members all have the same rights (social, political and economic) and responsibilities; |
| --- | --- |

4.2.5

help to raise awareness about the importance of identifying human rights as the essential basis for integration in a multicultural society. In this context, organised civil society should be an important driving force in creating a society whose members all have the same rights (social, political and economic) and responsibilities;

| 4.2.6 | promote the creation of social forums in which players from the different communities in each country are present, and which advocate mechanisms for inclusion and peaceful settlement of disputes; |
| --- | --- |

4.2.6

promote the creation of social forums in which players from the different communities in each country are present, and which advocate mechanisms for inclusion and peaceful settlement of disputes;

| 4.2.7 | identify and boost the civil organisations and leaders that represent other communities within the EU as key players in the integration of people from other cultures, with the overriding aim of seeking dialogue and cooperation in order to eradicate the causes of alienation and radicalisation among certain members of these communities; |
| --- | --- |

4.2.7

identify and boost the civil organisations and leaders that represent other communities within the EU as key players in the integration of people from other cultures, with the overriding aim of seeking dialogue and cooperation in order to eradicate the causes of alienation and radicalisation among certain members of these communities;

| 4.2.8 | implement specific programmes designed to de-radicalise those who may potentially sympathise with terrorist ideas and practices in areas where recruitment tends to occur (prisons, places of worship, etc.) and geared towards social integration and the creation of jobs; |
| --- | --- |

4.2.8

implement specific programmes designed to de-radicalise those who may potentially sympathise with terrorist ideas and practices in areas where recruitment tends to occur (prisons, places of worship, etc.) and geared towards social integration and the creation of jobs;

| 4.2.9 | focus decentralised cooperation in this direction, both at national and Community level (taking advantage of existing frameworks such as the Euro-Mediterranean Partnership, the European Neighbourhood Policy, or the framework linking ACP countries). Harnessing the vast potential of Member States' and the EU's development cooperation policies, this would mean establishing cooperation in the field with players who, though defined on religious or national grounds, would express their strong opposition to violence as a means of action; |
| --- | --- |

4.2.9

focus decentralised cooperation in this direction, both at national and Community level (taking advantage of existing frameworks such as the Euro-Mediterranean Partnership, the European Neighbourhood Policy, or the framework linking ACP countries). Harnessing the vast potential of Member States' and the EU's development cooperation policies, this would mean establishing cooperation in the field with players who, though defined on religious or national grounds, would express their strong opposition to violence as a means of action;

| 4.2.10 | significantly increase, within the EU and in the context of relations with non-EU countries, the number of, and the budgets for, programmes for the exchange of teachers, students, journalists, trade union and employers' organisations, defenders of human rights, members of NGOs, etc., while paying specific attention to the need to improve gender equality. Personal knowledge and exchange of experiences and viewpoints are key methods for dismantling negative stereotypes and building a common future in a century that will necessarily be multi-cultural (3). In this context, it would be highly beneficial to harness and build on the EESC's work, through its active contacts and cooperation with extra-Community bodies, by looking into new areas of action geared towards preventing radicalisation of individuals and groups; |
| --- | --- |

4.2.10

significantly increase, within the EU and in the context of relations with non-EU countries, the number of, and the budgets for, programmes for the exchange of teachers, students, journalists, trade union and employers' organisations, defenders of human rights, members of NGOs, etc., while paying specific attention to the need to improve gender equality. Personal knowledge and exchange of experiences and viewpoints are key methods for dismantling negative stereotypes and building a common future in a century that will necessarily be multi-cultural (3). In this context, it would be highly beneficial to harness and build on the EESC's work, through its active contacts and cooperation with extra-Community bodies, by looking into new areas of action geared towards preventing radicalisation of individuals and groups;

| 4.2.11 | promote the emergence and consolidation of forums for inclusive participation of the population (both native and foreign), based horizontally on civic representation rather than on national or religious profiles; |
| --- | --- |

4.2.11

promote the emergence and consolidation of forums for inclusive participation of the population (both native and foreign), based horizontally on civic representation rather than on national or religious profiles;

| 4.2.12 | boost the research work of specialised centres and institutes located within the EU and, through cooperation, within countries of particular interest in this context. Specific focus should be given to support for projects and studies designed to gain an insight into the processes that can lead to alienation, recruitment and violent radicalisation and interrelations between the different factors at play. |
| --- | --- |

4.2.12

boost the research work of specialised centres and institutes located within the EU and, through cooperation, within countries of particular interest in this context. Specific focus should be given to support for projects and studies designed to gain an insight into the processes that can lead to alienation, recruitment and violent radicalisation and interrelations between the different factors at play.

4.3   Attending to victims

| 4.3.1 | Last but not least, attending to the direct victims of terrorist acts should be considered a fundamental part of a general approach, in which civil society plays a key role in fighting terrorism. In order to prevent these victims from being forgotten or socially excluded, it is essential in this context to: |
| --- | --- |

4.3.1

Last but not least, attending to the direct victims of terrorist acts should be considered a fundamental part of a general approach, in which civil society plays a key role in fighting terrorism. In order to prevent these victims from being forgotten or socially excluded, it is essential in this context to:

| 4.3.2 | campaign for the full recognition of all the rights of victims (including financial compensation due) harmed by any type of terrorist activity, whether within or outside national borders; |
| --- | --- |

4.3.2

campaign for the full recognition of all the rights of victims (including financial compensation due) harmed by any type of terrorist activity, whether within or outside national borders;

| 4.3.3 | develop social support mechanisms (physical, psychological, economic) to help victims overcome their trauma and prevent the emergence of discourse that demonises or is openly racist or xenophobic; |
| --- | --- |

4.3.3

develop social support mechanisms (physical, psychological, economic) to help victims overcome their trauma and prevent the emergence of discourse that demonises or is openly racist or xenophobic;

| 4.3.4 | rally political will within national governments and the EU in order to establish agreed bases for acknowledging, assisting and protecting these people. |
| --- | --- |

4.3.4

rally political will within national governments and the EU in order to establish agreed bases for acknowledging, assisting and protecting these people.

4.4   People as the main focus of security and prevention: contributing policies

| 4.4.1 | Assuming that people are the main asset of any State and, therefore, the EU, and in order to ensure human safety, peace-building and the prevention of violent conflicts, it is necessary to: |
| --- | --- |

4.4.1

Assuming that people are the main asset of any State and, therefore, the EU, and in order to ensure human safety, peace-building and the prevention of violent conflicts, it is necessary to:

| 4.4.2 | develop strategies and multidimensional efforts to guarantee a decent level of wellbeing and safety for all those inhabiting an area, and for their neighbours — for by promoting their development and safety, one guarantees one's own; |
| --- | --- |

4.4.2

develop strategies and multidimensional efforts to guarantee a decent level of wellbeing and safety for all those inhabiting an area, and for their neighbours — for by promoting their development and safety, one guarantees one's own;

| 4.4.3 | reduce and eventually eliminate inequalities between groups and countries, as the main means of promoting safety for all. To ensure integration and undermine the terrorist threat, there must be systematic respect for human rights and a strong democratic climate, guaranteeing freedom of religious practices and ensuring their separation from public affairs. This also means opposing social areas that exist outside the law (legal ‘limbos’ or ghettoes based on customs that are unacceptable in this context); |
| --- | --- |

4.4.3

reduce and eventually eliminate inequalities between groups and countries, as the main means of promoting safety for all. To ensure integration and undermine the terrorist threat, there must be systematic respect for human rights and a strong democratic climate, guaranteeing freedom of religious practices and ensuring their separation from public affairs. This also means opposing social areas that exist outside the law (legal ‘limbos’ or ghettoes based on customs that are unacceptable in this context);

| 4.4.4 | understand that security cannot be achieved at the cost of freedom, by restricting the rights that define an open and democratic society, or by applying counter-terrorist measures that resemble those used by the other side; |
| --- | --- |

4.4.4

understand that security cannot be achieved at the cost of freedom, by restricting the rights that define an open and democratic society, or by applying counter-terrorist measures that resemble those used by the other side;

| 4.4.5 | acknowledge that an approach such as that required by counter-terrorism (which must be cross-disciplinary, multi-dimensional and long-term) can only bear fruit if there is a dedicated, adequate budget, bringing together national and Community efforts. |
| --- | --- |

4.4.5

acknowledge that an approach such as that required by counter-terrorism (which must be cross-disciplinary, multi-dimensional and long-term) can only bear fruit if there is a dedicated, adequate budget, bringing together national and Community efforts.

4.5   Public-private partnerships

| 4.5.1 | The terrorist threat is widespread, permanent and global, is safe from its impact, and its profile and methods change constantly. This, together with the idea that the right strategy has still not been defined to combat it, results in the need to constantly re-examine the analyses, assessments and methods employed to fight it. This effort involves everybody, from governments and Community bodies to civil society as a whole. By definition, this will also mean exploring the possibilities for public-private partnerships (under no circumstances allowing this to lead to counterproductive privatisation of security and defence), working towards a common goal: the wellbeing and safety of all (4). The following key aspects of this approach should be highlighted: |
| --- | --- |

4.5.1

The terrorist threat is widespread, permanent and global, is safe from its impact, and its profile and methods change constantly. This, together with the idea that the right strategy has still not been defined to combat it, results in the need to constantly re-examine the analyses, assessments and methods employed to fight it. This effort involves everybody, from governments and Community bodies to civil society as a whole. By definition, this will also mean exploring the possibilities for public-private partnerships (under no circumstances allowing this to lead to counterproductive privatisation of security and defence), working towards a common goal: the wellbeing and safety of all (4). The following key aspects of this approach should be highlighted:

| 4.5.2 | the need to draw up a glossary of terms so that, when it comes to both discussion and action, agreement can be reached on the concepts that will guide the work of all parties and players involved; |
| --- | --- |

4.5.2

the need to draw up a glossary of terms so that, when it comes to both discussion and action, agreement can be reached on the concepts that will guide the work of all parties and players involved;

| 4.5.3 | democratic monitoring of the counter-terrorism strategy at all levels and in all its guises; |
| --- | --- |

4.5.3

democratic monitoring of the counter-terrorism strategy at all levels and in all its guises;

| 4.5.4 | raising awareness of the importance of the Member States' foreign policies — and the CFSP/CESDP at Community level — and national and Community development cooperation policies in preventing terrorism and de-radicalising potential terrorists; |
| --- | --- |

4.5.4

raising awareness of the importance of the Member States' foreign policies — and the CFSP/CESDP at Community level — and national and Community development cooperation policies in preventing terrorism and de-radicalising potential terrorists;

| 4.5.5 | the absolute need for an adequate, long-term budget for all the programmes and initiatives mentioned herein; |
| --- | --- |

4.5.5

the absolute need for an adequate, long-term budget for all the programmes and initiatives mentioned herein;

| 4.5.6 | the need to open — or maintain — channels for dialogue and cooperation with social, political and economic players, both inside and outside the EU, given the impossibility of successfully fighting this threat alone, and the advantages of joining forces in order to devise consistent, long-term approaches and strategies for action. |
| --- | --- |

4.5.6

the need to open — or maintain — channels for dialogue and cooperation with social, political and economic players, both inside and outside the EU, given the impossibility of successfully fighting this threat alone, and the advantages of joining forces in order to devise consistent, long-term approaches and strategies for action.

Brussels, 22 April 2008.

The President

of the European Economic and Social Committee

Dimitris DIMITRIADIS

---

(1)  EESC opinion of 11.5.2005 on a Directive of the European Parliament and of the Council on the prevention of the use of the financial system for the purpose of money laundering, including terrorist financing, Rapporteur: Mr Simpson (OJ C 267, 27.10.2005), points 3.1.8 and 3.2.1.

1

(2)  EESC exploratory opinion of 13.9.2006 on Civil society participation in the fight against organised crime and terrorism, rapporteurs: Mr Rodríguez García Caro, Mr Pariza Castaños, Mr Cabra de Luna (OJ C 318, 23.12.2006), point 13.

2

(3)  EESC opinion of 20.4.2006 on the Proposal for a Decision of the European Parliament and of the Council concerning the European Year of Intercultural Dialogue (2008), rapporteur: Ms Cser (OJ C 185, 8.8.2006).

3

Proposal for a Decision of the European Parliament and of the Council concerning the European Year of Intercultural Dialogue (2008),

(4)  In line with the position taken by the EESC's exploratory opinion of 13.9.2006 on Civil society participation in the fight against organised crime and terrorism, rapporteurs: Mr Rodríguez García Caro, Mr Pariza Castaños, Mr Cabra de Luna (OJ C 318, 23.12.2006), point 13.

4

Civil society participation in the fight against organised crime and terrorism

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| 19.8.2008 | EN | Official Journal of the European Union | C 211/67 |
| --- | --- | --- | --- |

19.8.2008

EN

Official Journal of the European Union

C 211/67

---

Opinion of the European Economic and Social Committee on the ‘Communication from the Commission to the Council and the European Parliament on VAT rates other than standard VAT rates’

COM(2007) 380 final — SEC(2007) 910

(2008/C 211/18)

On 5 July 2007 the Commission decided to consult the European Economic and Social Committee, under Article 262 of the Treaty establishing the European Community, on the

Communication from the Commission to the Council and the European Parliament on VAT rates other than standard VAT rates.

The Section for Economic and Monetary Union and Economic and Social Cohesion, which was responsible for preparing the Committee's work on the subject, adopted its opinion on 28 March 2008. The rapporteur was Mr Burani.

At its 444th plenary session, held on 22-23 April (meeting of 22 April), the European Economic and Social Committee adopted the following opinion by 112 votes, nem con with five abstentions.

1.   Conclusions and recommendations

| 1.1 | The Committee welcomes the Commission's initiative to provide a basis for a ‘political debate’ within the European Parliament and the Council which can produce widely accepted principles on granting derogations from the VAT regime. Since the process has a clear political dimension, the deadline of the end of 2010 set for the adoption of the new rules is entirely realistic. |
| --- | --- |

1.1

The Committee welcomes the Commission's initiative to provide a basis for a ‘political debate’ within the European Parliament and the Council which can produce widely accepted principles on granting derogations from the VAT regime. Since the process has a clear political dimension, the deadline of the end of 2010 set for the adoption of the new rules is entirely realistic.

| 1.2 | The original objective of the VAT regime was to establish the pre-requisites for tax harmonisation which would ensure the smooth operation of the internal market: the numerous changes which have been made since then, especially the exemptions and derogations, have, however, had the opposite effect, and the endeavour to standardise derogations is the best that can be hoped for in the present circumstances. |
| --- | --- |

1.2

The original objective of the VAT regime was to establish the pre-requisites for tax harmonisation which would ensure the smooth operation of the internal market: the numerous changes which have been made since then, especially the exemptions and derogations, have, however, had the opposite effect, and the endeavour to standardise derogations is the best that can be hoped for in the present circumstances.

| 1.3 | Derogations are implemented in each Member State on the basis of fiscal criteria together with political and social concerns; they are permitted when they do not have cross-border impact or when they meet established Community policy criteria. The Committee, for its part, believes that, while these criteria must be observed, derogations should be viewed first and foremost — although not solely — from the point of view of their contribution to an income redistribution policy. |
| --- | --- |

1.3

Derogations are implemented in each Member State on the basis of fiscal criteria together with political and social concerns; they are permitted when they do not have cross-border impact or when they meet established Community policy criteria. The Committee, for its part, believes that, while these criteria must be observed, derogations should be viewed first and foremost — although not solely — from the point of view of their contribution to an income redistribution policy.

| 1.4 | Discussions should focus particularly on local services that cannot be supplied at a distance and therefore do not have a direct impact on the internal market. This category includes numerous activities which, while undoubtedly economically and socially beneficial, are controversial in some respects or could be subject to other considerations: craft activities, services provided by restaurants, public and private health services, unskilled labour-intensive sectors, books and newspapers. |
| --- | --- |

1.4

Discussions should focus particularly on local services that cannot be supplied at a distance and therefore do not have a direct impact on the internal market. This category includes numerous activities which, while undoubtedly economically and socially beneficial, are controversial in some respects or could be subject to other considerations: craft activities, services provided by restaurants, public and private health services, unskilled labour-intensive sectors, books and newspapers.

| 1.5 | The Committee points out the need for exemptions to be granted on the basis of different expenditure for low and high-income groups. It stresses in particular that exemptions should be guided by criteria ensuring transparency and take into account the costs entailed by vague, general regulations for tax administrations and businesses, which are ultimately passed on to the end consumer. |
| --- | --- |

1.5

The Committee points out the need for exemptions to be granted on the basis of different expenditure for low and high-income groups. It stresses in particular that exemptions should be guided by criteria ensuring transparency and take into account the costs entailed by vague, general regulations for tax administrations and businesses, which are ultimately passed on to the end consumer.

| 1.6 | There should be particular focus on direct subsidies as an alternative to reduced VAT rates: a solution which the Commission puts forward without, however, taking a particular stance. The Committee believes that this alternative should be treated with great caution and adopted sparingly and only in cases where it is difficult to find other solutions; in any case, subsidies should never take the form of state aid. |
| --- | --- |

1.6

There should be particular focus on direct subsidies as an alternative to reduced VAT rates: a solution which the Commission puts forward without, however, taking a particular stance. The Committee believes that this alternative should be treated with great caution and adopted sparingly and only in cases where it is difficult to find other solutions; in any case, subsidies should never take the form of state aid.

2.   Background

| 2.1 | The VAT regime is, by its very nature, based on a complex system. It was created in 1977 as a ‘temporary’ regime (1) and is still referred to as such today, after some 30 years! Over the years the regime has been amended countless times as a result of: changes to temporary or long-lasting situations, political considerations, developments in the internal market, and enlargement. |
| --- | --- |

2.1

The VAT regime is, by its very nature, based on a complex system. It was created in 1977 as a ‘temporary’ regime (1) and is still referred to as such today, after some 30 years! Over the years the regime has been amended countless times as a result of: changes to temporary or long-lasting situations, political considerations, developments in the internal market, and enlargement.

| 2.2 | The Commission took the action needed to simplify the work of administrations and economic players with the 2006 VAT Directive
   (2), which tidied up the legislation and constitutes in practice the ‘consolidated text’ on the matter. The directive is underpinned by the original principles from 1977, partially revised in 1992: generally speaking, the normal minimum rate is 15 % (3) and the tax is generally levied in the place of origin. Some derogations and exceptions are, however, provided for: the standard rate can be reduced and some goods or services can be taxed at destination. |
| --- | --- |

2.2

The Commission took the action needed to simplify the work of administrations and economic players with the 2006 VAT Directive
   (2), which tidied up the legislation and constitutes in practice the ‘consolidated text’ on the matter. The directive is underpinned by the original principles from 1977, partially revised in 1992: generally speaking, the normal minimum rate is 15 % (3) and the tax is generally levied in the place of origin. Some derogations and exceptions are, however, provided for: the standard rate can be reduced and some goods or services can be taxed at destination.

| 2.3 | According to the rules, Member States can apply one or two reduced rates, but only to goods and services listed in the VAT directive (4). All Member States, with the partial exception of Denmark, take advantage of this option, but to a different extent and applied to different goods and services selected from those permitted. Such inconsistency is far from conducive to achieving the coordination needed for the smooth operation of the single market. The Commission now proposes to launch an ‘invitation to the political debate’ in the Council and the European Parliament — with the participation of the Committee, whose opinion has been requested — with a view to reaching an agreement between the Member States on a new architecture for reduced VAT rates. |
| --- | --- |

2.3

According to the rules, Member States can apply one or two reduced rates, but only to goods and services listed in the VAT directive (4). All Member States, with the partial exception of Denmark, take advantage of this option, but to a different extent and applied to different goods and services selected from those permitted. Such inconsistency is far from conducive to achieving the coordination needed for the smooth operation of the single market. The Commission now proposes to launch an ‘invitation to the political debate’ in the Council and the European Parliament — with the participation of the Committee, whose opinion has been requested — with a view to reaching an agreement between the Member States on a new architecture for reduced VAT rates.

| 2.3.1 | In practice, this involves reviewing the entire framework of specific and temporary derogations that have already been granted, the former to the Member States that joined less recently and the latter to the ‘new’ group of Member States, and rebuilding a framework that takes account of objectives that are consistent with the logic of the internal market. This is not a simple process: a jointly accepted balance will have to be found between all the political, economic and social imperatives which, over time, have been used to justify the derogations and exclusions that each Member State has applied according to its own particular requirements. The Commission is under no illusion as to the difficulties involved here: it does not envisage the consultation process leading to a new regulation before the end of 2010. |
| --- | --- |

2.3.1

In practice, this involves reviewing the entire framework of specific and temporary derogations that have already been granted, the former to the Member States that joined less recently and the latter to the ‘new’ group of Member States, and rebuilding a framework that takes account of objectives that are consistent with the logic of the internal market. This is not a simple process: a jointly accepted balance will have to be found between all the political, economic and social imperatives which, over time, have been used to justify the derogations and exclusions that each Member State has applied according to its own particular requirements. The Commission is under no illusion as to the difficulties involved here: it does not envisage the consultation process leading to a new regulation before the end of 2010.

| 2.4 | A preliminary step that was needed to put all Member States on an equal footing in terms of derogations was taken with the draft directive that extends the temporary derogations granted to new Member States to 31 December 2010 (5). The reason for the proposal, which was adopted on 20 December 2007, lies in the different regimes governing the derogations: Member States that joined less recently have the benefit of open-ended derogations whereas those for the new Member States expired at the end of 2007. The extension granted on 20 December 2007 to the latter put everyone on an equal footing, at least until 2010, by which date the Commission hopes that the Council and the European Parliament will have reached agreement on the adoption of a stable, uniform regime for VAT rates other than the standard rate. |
| --- | --- |

2.4

A preliminary step that was needed to put all Member States on an equal footing in terms of derogations was taken with the draft directive that extends the temporary derogations granted to new Member States to 31 December 2010 (5). The reason for the proposal, which was adopted on 20 December 2007, lies in the different regimes governing the derogations: Member States that joined less recently have the benefit of open-ended derogations whereas those for the new Member States expired at the end of 2007. The extension granted on 20 December 2007 to the latter put everyone on an equal footing, at least until 2010, by which date the Commission hopes that the Council and the European Parliament will have reached agreement on the adoption of a stable, uniform regime for VAT rates other than the standard rate.

| 2.5 | The communication addressed here aims to provide a basis for a ‘political debate’ within the European Parliament and the Council which can produce widely accepted principles that will enable regulatory proposals to be drafted that have a very good chance of being accepted. Bearing in mind past and present experience, the Commission is taking a cautious approach in the statements it makes and is realistic about the decisions that need to be taken: it is waiting for signals to be made. Its communication therefore confines itself to a balanced presentation of all information useful for making a considered assessment, taking its inspiration from the tried and tested principles of the single market and the Lisbon Strategy, but without adopting any fixed stance. The Committee believes that this initiative is crucial to the future of the internal market in the field of taxation: it is a unique opportunity whose success will depend on the sense of responsibility and good will of decision-makers. |
| --- | --- |

2.5

The communication addressed here aims to provide a basis for a ‘political debate’ within the European Parliament and the Council which can produce widely accepted principles that will enable regulatory proposals to be drafted that have a very good chance of being accepted. Bearing in mind past and present experience, the Commission is taking a cautious approach in the statements it makes and is realistic about the decisions that need to be taken: it is waiting for signals to be made. Its communication therefore confines itself to a balanced presentation of all information useful for making a considered assessment, taking its inspiration from the tried and tested principles of the single market and the Lisbon Strategy, but without adopting any fixed stance. The Committee believes that this initiative is crucial to the future of the internal market in the field of taxation: it is a unique opportunity whose success will depend on the sense of responsibility and good will of decision-makers.

3.   Gist of the communication

| 3.1 | The communication summarises a study by

  Copenhagen Economics
  which, on behalf of the Commission and in fulfilment of the remit entrusted to it by the Council and the European Parliament, has analysed the impact of reduced VAT rates and related derogations, focusing on the social aspects (income distribution) and the costs of the system. The Committee pays tribute to the Commission for the quality of the document it drew up on the basis of the study. Indeed, nothing is overlooked in the document and there are no dead ends: all the necessary information is there to feed the forthcoming debate. |
| --- | --- |

3.1

The communication summarises a study by

  Copenhagen Economics
  which, on behalf of the Commission and in fulfilment of the remit entrusted to it by the Council and the European Parliament, has analysed the impact of reduced VAT rates and related derogations, focusing on the social aspects (income distribution) and the costs of the system. The Committee pays tribute to the Commission for the quality of the document it drew up on the basis of the study. Indeed, nothing is overlooked in the document and there are no dead ends: all the necessary information is there to feed the forthcoming debate.

| 3.2 | The Commission starts by setting out its objective ‘to ensure equal opportunities for Member States as well as more transparency, consistency and — above all — a smooth functioning of the internal market, e.g. via fewer obstacles to cross-border economic activity and lower VAT-induced compliance costs’ (6). |
| --- | --- |

3.2

The Commission starts by setting out its objective ‘to ensure equal opportunities for Member States as well as more transparency, consistency and — above all — a smooth functioning of the internal market, e.g. via fewer obstacles to cross-border economic activity and lower VAT-induced compliance costs’ (6).

| 3.3 | Specifically, and with reference to the Copenhagen Economics study, the Commission notes that from a purely economic point of view, the most rational solution would be a single VAT rate: it would produce a reduction in operating costs for administrations and businesses and, in theory, reduce distortions of competition. As with all rigid regulation, however, there is a risk that the single rate might not be suited to every circumstance, and a certain amount of flexibility could therefore be required: this is what underpins the argument for reduced rates. |
| --- | --- |

3.3

Specifically, and with reference to the Copenhagen Economics study, the Commission notes that from a purely economic point of view, the most rational solution would be a single VAT rate: it would produce a reduction in operating costs for administrations and businesses and, in theory, reduce distortions of competition. As with all rigid regulation, however, there is a risk that the single rate might not be suited to every circumstance, and a certain amount of flexibility could therefore be required: this is what underpins the argument for reduced rates.

| 3.4 | A reduced rate is a response to economic criteria, but also partly to social and political criteria. Examples include labour-intensive services (especially unskilled) and local services when they do not have a major impact on cross-border traffic. The thinking here is that lower rates (and therefore lower prices) will increase productivity and employment: thus, people will be less likely to indulge in DIY and more inclined to hire a professional, with the underground economy taking a hit into the bargain. |
| --- | --- |

3.4

A reduced rate is a response to economic criteria, but also partly to social and political criteria. Examples include labour-intensive services (especially unskilled) and local services when they do not have a major impact on cross-border traffic. The thinking here is that lower rates (and therefore lower prices) will increase productivity and employment: thus, people will be less likely to indulge in DIY and more inclined to hire a professional, with the underground economy taking a hit into the bargain.

| 3.5 | The full list of goods and services that benefit from reduced rates (Article 98 of the VAT directive) is contained in Annex III of the directive. Labour-intensive services must comply with three criteria (Article 107): in addition to those referred to in the previous point, these must be services largely provided directly to end consumers and services of a local nature, not likely to create distortions of competition. For goods and ‘normal’ services, the criteria are less explicit, but their inherent ‘social’ nature is clear from the list: they are in fact food and pharmaceutical products, water, publishing, television services, etc. The Committee will comment on these aspects later (see point 4.12). |
| --- | --- |

3.5

The full list of goods and services that benefit from reduced rates (Article 98 of the VAT directive) is contained in Annex III of the directive. Labour-intensive services must comply with three criteria (Article 107): in addition to those referred to in the previous point, these must be services largely provided directly to end consumers and services of a local nature, not likely to create distortions of competition. For goods and ‘normal’ services, the criteria are less explicit, but their inherent ‘social’ nature is clear from the list: they are in fact food and pharmaceutical products, water, publishing, television services, etc. The Committee will comment on these aspects later (see point 4.12).

| 3.6 | The Commission comments on one of the more common arguments for reduced rates, which is that they would help to secure greater social justice in that they would improve income distribution in favour of the less well-off. The study and, it would seem, the Commission, qualify their endorsement of this argument: reduced rates only have a real distributive effect if the share of consumption expenditure of ‘favoured’ goods is stable over time and creates a real difference between low and high-income groups. The communication finds, moreover, that there are significant differences from country to country, and that the degree of effectiveness of reduced rates depends on the extent to which incomes differ between social classes. |
| --- | --- |

3.6

The Commission comments on one of the more common arguments for reduced rates, which is that they would help to secure greater social justice in that they would improve income distribution in favour of the less well-off. The study and, it would seem, the Commission, qualify their endorsement of this argument: reduced rates only have a real distributive effect if the share of consumption expenditure of ‘favoured’ goods is stable over time and creates a real difference between low and high-income groups. The communication finds, moreover, that there are significant differences from country to country, and that the degree of effectiveness of reduced rates depends on the extent to which incomes differ between social classes.

| 3.7 | Another important aspect is the cost of the system: rates which are different from the standard rate create significant administrative burdens for businesses and tax authorities, especially when implementation is open to interpretation, which is almost always the rule. |
| --- | --- |

3.7

Another important aspect is the cost of the system: rates which are different from the standard rate create significant administrative burdens for businesses and tax authorities, especially when implementation is open to interpretation, which is almost always the rule.

| 3.8 | Quoting the study, the Commission does not call into question the reduced rates system, but it does wonder whether alternative policy tools might be better suited to the objectives of the Member States. One example is a system of direct subsidies, which would achieve the same objectives at a lower cost. This system could be designed to avoid negative spill-over effects at EU level, ensure greater transparency and be less expensive for Member State budgets. The Commission notes, however, that direct subsidies might be of dubious benefit to businesses: they might be granted arbitrarily or for a temporary period, depending on national budget imperatives or the policy direction of the day. |
| --- | --- |

3.8

Quoting the study, the Commission does not call into question the reduced rates system, but it does wonder whether alternative policy tools might be better suited to the objectives of the Member States. One example is a system of direct subsidies, which would achieve the same objectives at a lower cost. This system could be designed to avoid negative spill-over effects at EU level, ensure greater transparency and be less expensive for Member State budgets. The Commission notes, however, that direct subsidies might be of dubious benefit to businesses: they might be granted arbitrarily or for a temporary period, depending on national budget imperatives or the policy direction of the day.

| 3.9 | The Commission seems to attribute considerable importance to this last alternative, and indeed to any alternative to the reduced rates system: in fact it ‘recommends that Member States carefully examine all the options available’. Without seeming to take sides, it notes that ‘often other tools than reduced VAT rates are more efficient and less costly for the State budget, and this should be taken into account in the decision-making-process’. |
| --- | --- |

3.9

The Commission seems to attribute considerable importance to this last alternative, and indeed to any alternative to the reduced rates system: in fact it ‘recommends that Member States carefully examine all the options available’. Without seeming to take sides, it notes that ‘often other tools than reduced VAT rates are more efficient and less costly for the State budget, and this should be taken into account in the decision-making-process’.

4.   Comments and observations

| 4.1 | The Commission should be congratulated on producing a rigorous, balanced communication. The Committee is particularly pleased to find confirmation of some of the views it had expressed originally, which will be recalled in the comments below. Firstly, and with reference to the comments made in point 3.9 above, the Committee would recall that it expressed its concern regarding the system of derogations in its opinion on the VAT directive (7). It said at the time that ‘there seems to be no plan [on the part of the Member States] to discuss the derogations ... with a view to abolishing them’. This position is now confirmed and strengthened by the authoritative Copenhagen Economics study and — it would appear — also shared by the Commission. However, it is apparent that as things stand, and barring any sudden change of heart on the part of the Member States, any suggestions for alternative solutions remain just suggestions. |
| --- | --- |

4.1

The Commission should be congratulated on producing a rigorous, balanced communication. The Committee is particularly pleased to find confirmation of some of the views it had expressed originally, which will be recalled in the comments below. Firstly, and with reference to the comments made in point 3.9 above, the Committee would recall that it expressed its concern regarding the system of derogations in its opinion on the VAT directive (7). It said at the time that ‘there seems to be no plan [on the part of the Member States] to discuss the derogations ... with a view to abolishing them’. This position is now confirmed and strengthened by the authoritative Copenhagen Economics study and — it would appear — also shared by the Commission. However, it is apparent that as things stand, and barring any sudden change of heart on the part of the Member States, any suggestions for alternative solutions remain just suggestions.

| 4.2 | VAT is an intrinsically complex tax; it is difficult to collect, widely evaded and expensive for Member States and businesses to operate (8). Most importantly, however, it does not achieve the original objective, which was to create a definitive tax harmonisation regime. Nevertheless, it must be noted that harmonisation is not an end in itself but a pre-requisite for the smooth operation of the internal market. This was in any case the intention of its creators, as the Commission recalled in its communication of January 1993, which the Committee considers to be a milestone in the history of VAT; it regrets that it was not followed up (other than with acceptance of the minimum rate of 15 %) owing to opposition from some Member States. Today the situation remains unchanged: the Commission's attempt to sort out at least the derogations aspect is certainly welcome, but at the same time it betrays an inability to make more progress towards tax harmonisation at Community level. To be fair, the Commission cannot be blamed for this, but nor can the Member States, or at any rate the Member States alone: the fundamental problem lies in the very structure of VAT as a ‘temporary regime’, as will be explained below. |
| --- | --- |

4.2

VAT is an intrinsically complex tax; it is difficult to collect, widely evaded and expensive for Member States and businesses to operate (8). Most importantly, however, it does not achieve the original objective, which was to create a definitive tax harmonisation regime. Nevertheless, it must be noted that harmonisation is not an end in itself but a pre-requisite for the smooth operation of the internal market. This was in any case the intention of its creators, as the Commission recalled in its communication of January 1993, which the Committee considers to be a milestone in the history of VAT; it regrets that it was not followed up (other than with acceptance of the minimum rate of 15 %) owing to opposition from some Member States. Today the situation remains unchanged: the Commission's attempt to sort out at least the derogations aspect is certainly welcome, but at the same time it betrays an inability to make more progress towards tax harmonisation at Community level. To be fair, the Commission cannot be blamed for this, but nor can the Member States, or at any rate the Member States alone: the fundamental problem lies in the very structure of VAT as a ‘temporary regime’, as will be explained below.

| 4.3 | Basically, there is a need to realise and accept for some time yet that VAT as it is currently conceived is used by the Member States to achieve largely fiscal goals and to address political and social concerns that lead them to apply a lower or higher rate than the standard rate. At Community level, then, harmonisation remains a pipedream; the communication in question constitutes an attempt to provide a partial remedy by harmonising the reduced VAT rate, at least for activities that have a cross-border impact or comply with accepted Community policy criteria. For its part, the Committee would stress that decision-makers should always remember that, while income redistribution is one of the objectives of a reduced VAT rate, it must genuinely translate into practice. In other words, every VAT reduction must be analysed scrupulously to make certain that it genuinely corresponds to a social criterion and is not concealing any less palatable aims. Other considerations are simplification of obligations and transparent rules: these both make life easier for businesses but they also make it easier and cheaper for the tax authorities to carry out inspections. |
| --- | --- |

4.3

Basically, there is a need to realise and accept for some time yet that VAT as it is currently conceived is used by the Member States to achieve largely fiscal goals and to address political and social concerns that lead them to apply a lower or higher rate than the standard rate. At Community level, then, harmonisation remains a pipedream; the communication in question constitutes an attempt to provide a partial remedy by harmonising the reduced VAT rate, at least for activities that have a cross-border impact or comply with accepted Community policy criteria. For its part, the Committee would stress that decision-makers should always remember that, while income redistribution is one of the objectives of a reduced VAT rate, it must genuinely translate into practice. In other words, every VAT reduction must be analysed scrupulously to make certain that it genuinely corresponds to a social criterion and is not concealing any less palatable aims. Other considerations are simplification of obligations and transparent rules: these both make life easier for businesses but they also make it easier and cheaper for the tax authorities to carry out inspections.

| 4.4 | Annex III of the VAT directive contains a list of 18 categories to which the reduced rate applies; each Member State has the option to choose the categories, make exclusions within them and determine the amount of the reduction. The communication in question calls on the Member States ‘to analyse the different candidates for further reduced rates to determine the level of distortions that can arise from their — optional — eligibility and to decide if such level of distortion is acceptable’ (9). From the general context of the communication it does not seem possible to interpret this as an invitation to extend the list of goods and services; if anything, it lends itself to the opposite interpretation. In any case, the Committee is openly opposed to extending the categories of goods or services to which reduced rates could be applied: if the idea is to continue to work — at least ideally, for the moment — towards harmonisation, then the Member States should actually shorten rather than lengthen the list contained in Annex III. |
| --- | --- |

4.4

Annex III of the VAT directive contains a list of 18 categories to which the reduced rate applies; each Member State has the option to choose the categories, make exclusions within them and determine the amount of the reduction. The communication in question calls on the Member States ‘to analyse the different candidates for further reduced rates to determine the level of distortions that can arise from their — optional — eligibility and to decide if such level of distortion is acceptable’ (9). From the general context of the communication it does not seem possible to interpret this as an invitation to extend the list of goods and services; if anything, it lends itself to the opposite interpretation. In any case, the Committee is openly opposed to extending the categories of goods or services to which reduced rates could be applied: if the idea is to continue to work — at least ideally, for the moment — towards harmonisation, then the Member States should actually shorten rather than lengthen the list contained in Annex III.

| 4.5 | The line taken by the Commission is, however, on the whole understandable: given that the mirage of ‘a definitive’ regime has been either forgotten or put on the back burner, one of the priorities is to grant the Member States greater autonomy to set reduced rates for local services that cannot be supplied at a distance. The Commission notes that these services ‘are of no concern for the functioning of the internal market’: this is not mere pragmatism but rather an acknowledgment of the political or social imperatives behind the granting of exemptions. |
| --- | --- |

4.5

The line taken by the Commission is, however, on the whole understandable: given that the mirage of ‘a definitive’ regime has been either forgotten or put on the back burner, one of the priorities is to grant the Member States greater autonomy to set reduced rates for local services that cannot be supplied at a distance. The Commission notes that these services ‘are of no concern for the functioning of the internal market’: this is not mere pragmatism but rather an acknowledgment of the political or social imperatives behind the granting of exemptions.

| 4.6 | Furthermore, affirmations that lend themselves to easy generalisations should be studied carefully: if taxation of local activity does not affect the functioning of the internal market, then all goods or service

  produced and consumed locally

  would have to be subject to taxation established on a local basis: this principle would totally undermine the very basis of the VAT directive. Clearly, the Commission intends neither to establish nor accept such a principle. |
| --- | --- |

4.6

Furthermore, affirmations that lend themselves to easy generalisations should be studied carefully: if taxation of local activity does not affect the functioning of the internal market, then all goods or service

  produced and consumed locally

  would have to be subject to taxation established on a local basis: this principle would totally undermine the very basis of the VAT directive. Clearly, the Commission intends neither to establish nor accept such a principle.

| 4.7 | Turning to the details of the aspects mentioned by the Commission, some comment is called for as regards the affirmation that there may be specific benefits from operating a reduced VAT rate in carefully targeted sectors, increasing overall productivity and thus, GDP. This category includes locally supplied services: it is suggested that a reduction in VAT could persuade consumers to do less DIY and thus devote more time to their professional activities. However, we need to look at the facts: DIY is a leisure time activity that is not just socially useful but also economically beneficial for families, and should therefore be encouraged. Moreover, while it is possible that a tax reduction could lead to larger tax receipts for the treasury, this would only apply to DIY activity that can be replaced by tax-paying firms; no mention is made of the extent to which the black economy might benefit. It is clear that the underground or partially underground economy — not to mention tax evasion — will not come to the surface just because it benefits from a reduced VAT rate. Very different measures are needed to achieve this. |
| --- | --- |

4.7

Turning to the details of the aspects mentioned by the Commission, some comment is called for as regards the affirmation that there may be specific benefits from operating a reduced VAT rate in carefully targeted sectors, increasing overall productivity and thus, GDP. This category includes locally supplied services: it is suggested that a reduction in VAT could persuade consumers to do less DIY and thus devote more time to their professional activities. However, we need to look at the facts: DIY is a leisure time activity that is not just socially useful but also economically beneficial for families, and should therefore be encouraged. Moreover, while it is possible that a tax reduction could lead to larger tax receipts for the treasury, this would only apply to DIY activity that can be replaced by tax-paying firms; no mention is made of the extent to which the black economy might benefit. It is clear that the underground or partially underground economy — not to mention tax evasion — will not come to the surface just because it benefits from a reduced VAT rate. Very different measures are needed to achieve this.

| 4.8 | A special reference is made to services provided by restaurants, which the Commission sees as being ‘in-between’, or at least controversial. On the one hand, it notes that they are mainly directed at domestic consumption, but on the other it is acknowledged that they may be of significant importance to tourism policy in some countries, and in all countries in border regions. It will not be easy to reach agreement on this issue, as past experience has shown: the Committee believes it will require a decision of a purely political nature. Factoring in any other economic or fiscal considerations could prolong the argument indefinitely: no-one will budge from their position, justifying it on valid domestic policy grounds. |
| --- | --- |

4.8

A special reference is made to services provided by restaurants, which the Commission sees as being ‘in-between’, or at least controversial. On the one hand, it notes that they are mainly directed at domestic consumption, but on the other it is acknowledged that they may be of significant importance to tourism policy in some countries, and in all countries in border regions. It will not be easy to reach agreement on this issue, as past experience has shown: the Committee believes it will require a decision of a purely political nature. Factoring in any other economic or fiscal considerations could prolong the argument indefinitely: no-one will budge from their position, justifying it on valid domestic policy grounds.

| 4.9 | Still on the issue of services provided locally, the Committee would draw attention to an area which could become the subject of important debate, namely public and private health services, to which — in certain circumstances — lower rates can already be applied (10). There is a growing tendency for the citizens of some Member States to take advantage of public medical and surgical services in other countries, which they consider rightly or wrongly to be more efficient. This phenomenon has little to do with taxation, but the use in other countries of services provided by private clinics and health professionals has greater relevance for tax purposes. The large differences in the rates charged in the various Member States create — especially in some areas of healthcare — a diversion from the domestic market towards other countries. The ‘local’ nature of these services is therefore declining as they take on a transnational appearance for some services and in some countries. It is not easy to make distinctions here, nor is it possible to generalise: there is therefore a high risk of controversy. |
| --- | --- |

4.9

Still on the issue of services provided locally, the Committee would draw attention to an area which could become the subject of important debate, namely public and private health services, to which — in certain circumstances — lower rates can already be applied (10). There is a growing tendency for the citizens of some Member States to take advantage of public medical and surgical services in other countries, which they consider rightly or wrongly to be more efficient. This phenomenon has little to do with taxation, but the use in other countries of services provided by private clinics and health professionals has greater relevance for tax purposes. The large differences in the rates charged in the various Member States create — especially in some areas of healthcare — a diversion from the domestic market towards other countries. The ‘local’ nature of these services is therefore declining as they take on a transnational appearance for some services and in some countries. It is not easy to make distinctions here, nor is it possible to generalise: there is therefore a high risk of controversy.

| 4.9.1 | Reaching an agreement depends on achieving a balance between different and opposing requirements: on the one hand, given the eminently social nature of health protection, it would seem advisable to include these services with those to which a reduced rate applies; but on the other, competition issues could arise. The final decision would have to take account of an individual's right to seek treatment at the lowest possible cost to the family budget; in other words, the interest of the citizen/consumer must take priority over principles of competition. |
| --- | --- |

4.9.1

Reaching an agreement depends on achieving a balance between different and opposing requirements: on the one hand, given the eminently social nature of health protection, it would seem advisable to include these services with those to which a reduced rate applies; but on the other, competition issues could arise. The final decision would have to take account of an individual's right to seek treatment at the lowest possible cost to the family budget; in other words, the interest of the citizen/consumer must take priority over principles of competition.

| 4.10 | The application of a reduced VAT rate to unskilled labour-intensive sectors is controversial. The study the Commission refers to notes that it can lead to a permanent increase in employment, but that the gains are ‘likely to be minor’; this is probably true. It is difficult to reach a decision here, too: sectors such as these (building, road works, cleaning firms, markets, etc.) respond to a generally inelastic demand, and therefore a reduction in VAT for these sectors would have only very little effect on employment. Furthermore, these are also the sectors which tend to employ unskilled workers in the ‘black economy’ more frequently. A reduction in VAT would certainly help to reduce costs for businesses, but the question of whether this would correspond to a reduction in prices and a ‘real’ increase in employment remains open. |
| --- | --- |

4.10

The application of a reduced VAT rate to unskilled labour-intensive sectors is controversial. The study the Commission refers to notes that it can lead to a permanent increase in employment, but that the gains are ‘likely to be minor’; this is probably true. It is difficult to reach a decision here, too: sectors such as these (building, road works, cleaning firms, markets, etc.) respond to a generally inelastic demand, and therefore a reduction in VAT for these sectors would have only very little effect on employment. Furthermore, these are also the sectors which tend to employ unskilled workers in the ‘black economy’ more frequently. A reduction in VAT would certainly help to reduce costs for businesses, but the question of whether this would correspond to a reduction in prices and a ‘real’ increase in employment remains open.

| 4.11 | More generally, the Commission notes that reduced rates are effective only when the share of consumption expenditure of goods or services is stable over time and differs substantially between low and high-income groups. These differences are more pronounced in the food, clothing and building sectors: there are considerable differences from country to country, but often the most obvious differences (and the most unfair from the social point of view) are to be found within the individual Member States. The Committee would recall that in several Member States the reduced rate is applied by category, without taking account of the fact that many categories contain mass-market products while others are decidedly exclusive and priced many times higher than the former. The problem remains as to how — and according to what criteria — to apply different tax rates to goods or services which are in the same category but which actually target different social classes according to quality and price. Another problem is how to decide on enduring distinctions that would not be affected by changes in fashion, and how to ensure they are complied with without resorting to costly and complicated inspection. Finally, consideration must be given to fraud, which is a possibility in all sectors but particularly in the two considered here: strict, detailed categorisation could facilitate fraud, and it is extremely difficult to monitor. The Committee points out the need to apply criteria which differ according to social considerations: in other words, reduced rates should contribute to a social policy of income redistribution or, where the alternatives referred to in point 4.15 are not feasible, support for major social programmes. In any case, however, transparency must be ensured in respect of a country's own citizens and those of other Member States. |
| --- | --- |

4.11

More generally, the Commission notes that reduced rates are effective only when the share of consumption expenditure of goods or services is stable over time and differs substantially between low and high-income groups. These differences are more pronounced in the food, clothing and building sectors: there are considerable differences from country to country, but often the most obvious differences (and the most unfair from the social point of view) are to be found within the individual Member States. The Committee would recall that in several Member States the reduced rate is applied by category, without taking account of the fact that many categories contain mass-market products while others are decidedly exclusive and priced many times higher than the former. The problem remains as to how — and according to what criteria — to apply different tax rates to goods or services which are in the same category but which actually target different social classes according to quality and price. Another problem is how to decide on enduring distinctions that would not be affected by changes in fashion, and how to ensure they are complied with without resorting to costly and complicated inspection. Finally, consideration must be given to fraud, which is a possibility in all sectors but particularly in the two considered here: strict, detailed categorisation could facilitate fraud, and it is extremely difficult to monitor. The Committee points out the need to apply criteria which differ according to social considerations: in other words, reduced rates should contribute to a social policy of income redistribution or, where the alternatives referred to in point 4.15 are not feasible, support for major social programmes. In any case, however, transparency must be ensured in respect of a country's own citizens and those of other Member States.

| 4.11.1 | The same comment could be made with regard to books and newspapers, in which category socially valid publications are sometimes grouped together with others of no educational or entertainment value or, worse still, that are borderline illegal or beyond the realms of common decency. Although problematic, the distinctions appear necessary and at any rate justifiable in terms of democratic transparency. |
| --- | --- |

4.11.1

The same comment could be made with regard to books and newspapers, in which category socially valid publications are sometimes grouped together with others of no educational or entertainment value or, worse still, that are borderline illegal or beyond the realms of common decency. Although problematic, the distinctions appear necessary and at any rate justifiable in terms of democratic transparency.

| 4.12 | Finally, the Commission notes that operating several rates involves significant costs for businesses and tax authorities: that is obvious. The Committee would prefer to speak of an increase in costs, given that in the field of taxation VAT is already by far the most expensive tax to implement and collect. The Committee has already highlighted this fact (11) and would call here on the Member States to make public their net revenue from VAT once payments to the Community budget and costs for operation, collection, inspection and combating tax fraud have been deducted. It urges the Commission to take ownership of this call, in the name of transparency, and also to consider whether there might be a case for an alternative tax system
   (12). It is to be hoped that any rethink of this whole area will also factor in the payoff (which could be surprising) in terms of net gains for the treasury: once the ‘real’ results are known, it could well be the tax authorities themselves that take the initiative. |
| --- | --- |

4.12

Finally, the Commission notes that operating several rates involves significant costs for businesses and tax authorities: that is obvious. The Committee would prefer to speak of an increase in costs, given that in the field of taxation VAT is already by far the most expensive tax to implement and collect. The Committee has already highlighted this fact (11) and would call here on the Member States to make public their net revenue from VAT once payments to the Community budget and costs for operation, collection, inspection and combating tax fraud have been deducted. It urges the Commission to take ownership of this call, in the name of transparency, and also to consider whether there might be a case for an alternative tax system
   (12). It is to be hoped that any rethink of this whole area will also factor in the payoff (which could be surprising) in terms of net gains for the treasury: once the ‘real’ results are known, it could well be the tax authorities themselves that take the initiative.

| 4.13 | However, the only issue currently being discussed is the side-issue of increased costs ‘for business and tax authorities’, or the administrative and accounting costs of implementing — and interpreting — rules that derogate from standard. The Committee would point out that any cost increase for business is transferred to the end consumer; consequently it will be necessary to assess, on a case by case basis, whether and to what extent the application of a reduced rate translates into real benefits for citizens. At present, the vast majority of the — countless — cases of dispute are due to the broad scope of classifications, leading to controversial interpretations, involvement of consultants, inspections and appeals: the new rules should therefore be designed to be inexpensive to implement. |
| --- | --- |

4.13

However, the only issue currently being discussed is the side-issue of increased costs ‘for business and tax authorities’, or the administrative and accounting costs of implementing — and interpreting — rules that derogate from standard. The Committee would point out that any cost increase for business is transferred to the end consumer; consequently it will be necessary to assess, on a case by case basis, whether and to what extent the application of a reduced rate translates into real benefits for citizens. At present, the vast majority of the — countless — cases of dispute are due to the broad scope of classifications, leading to controversial interpretations, involvement of consultants, inspections and appeals: the new rules should therefore be designed to be inexpensive to implement.

| 4.14 | For the moment, the system of reduced rates, while expensive, is the only one practical. However, given that even the Commission has defined it as rigid and incoherent (13), the Committee hopes that the political discussions between the Council and the European Parliament will lead to joint decisions which, while obviously guided by the principles of the internal market, always respect the needs of citizens/consumers, companies and tax authorities. |
| --- | --- |

4.14

For the moment, the system of reduced rates, while expensive, is the only one practical. However, given that even the Commission has defined it as rigid and incoherent (13), the Committee hopes that the political discussions between the Council and the European Parliament will lead to joint decisions which, while obviously guided by the principles of the internal market, always respect the needs of citizens/consumers, companies and tax authorities.

| 4.15 | With regard to alternatives to reduced rates, the Commission asks whether these might be replaced by direct subsidies: this is a more effective, more transparent and less expensive policy instrument. The Committee believes that national-style alternatives are viable in some specific cases on a temporary basis, provided that any measures resembling state aid are avoided. However, any kind of national solution as an alternative to VAT derogations should be decided on the basis of criteria ensuring transparency, bearing in mind that, in any case, it would move us further away from the objectives of the single market. |
| --- | --- |

4.15

With regard to alternatives to reduced rates, the Commission asks whether these might be replaced by direct subsidies: this is a more effective, more transparent and less expensive policy instrument. The Committee believes that national-style alternatives are viable in some specific cases on a temporary basis, provided that any measures resembling state aid are avoided. However, any kind of national solution as an alternative to VAT derogations should be decided on the basis of criteria ensuring transparency, bearing in mind that, in any case, it would move us further away from the objectives of the single market.

| 4.16 | Finally, as a back-up to its numerous opinions on the subject, the Committee would reiterate a suggestion inspired by transparency and common sense: the VAT regime should cease to be called ‘temporary’. This adjective — which is still used thirty years on and has no medium-term prospects of becoming definitive — is deceptive and damages the credibility of EU rules. It also proves, if ever proof were needed, the old adage that ‘nothing is more definitive than the temporary’. |
| --- | --- |

4.16

Finally, as a back-up to its numerous opinions on the subject, the Committee would reiterate a suggestion inspired by transparency and common sense: the VAT regime should cease to be called ‘temporary’. This adjective — which is still used thirty years on and has no medium-term prospects of becoming definitive — is deceptive and damages the credibility of EU rules. It also proves, if ever proof were needed, the old adage that ‘nothing is more definitive than the temporary’.

Brussels, 22 April 2008.

The President

of the European Economic and Social Committee

Dimitris DIMITRIADIS

---

(1)  Logically, a ‘definitive’ regime should provide for taxation at destination, or rather, place of consumption. At the time, various obstacles prevented general implementation, and these persist to this day.

1

(2)  Council Directive 2006/112/EC of 28 November 2006 on the Common system of value added tax (OJ L 347 of 11.12.2006).

2

(3)  Articles 96 and 97 of Council Directive 2006/112/EC of 28 November 2006 on a Common system of value added tax (OJ L 347 of 11.12.2006); a maximum rate has never been set.

3

(4)  Cf. Articles 98-101 and Annex III of the directive.

4

(5)  Draft Directive COM(2007) 381 final, and EESC opinion CESE 1467/2007 on the Proposal for a Council Directive amending Directive 2006/112/EEC with regard to certain temporary provisions concerning rates of value added tax (OJ C 44 of 16.2.2008, p. 120).

5

Proposal for a Council Directive amending Directive 2006/112/EEC with regard to certain temporary provisions concerning rates of value added tax

(6)  See Introduction to Communication COM (2007) 380 final.

6

(7)  Cf. EESC opinion on the Proposal for a Council directive on the common system of value added tax (Recast) (OJ C 74 of 23.3.2005, p. 21).

7

Proposal for a Council directive on the common system of value added tax (Recast)

(8)  Cf. the EESC opinion on the Proposal for a Council Directive amending Directive 77/388/EEC with a view to simplifying value added tax obligations and the Proposal for a Council Regulation amending Regulation (EC) No 1798/2003 as regards the introduction of administrative cooperation arrangements in the context of the one-stop scheme and the refund procedure for value added tax (OJ C 267 of 27.10.2005, p. 45).

8

Proposal for a Council Directive amending Directive 77/388/EEC with a view to simplifying value added tax obligations and the Proposal for a Council Regulation amending Regulation (EC) No 1798/2003 as regards the introduction of administrative cooperation arrangements in the context of the one-stop scheme and the refund procedure for value added tax

(9)  Cf. Communication COM(2007) 380 final, point 3.3 ‘Internal Market imperatives’, second paragraph.

9

(10)  Paragraphs 15 and 17, Annex III of the VAT Directive.

10

(11)  This was first raised by the Committee in its opinion on Combating tax evasion in the single market (OJ C 268 of 19.9.2000, p. 45) and on several later occasions, most recently in the EESC opinion on the Proposal for a Council Directive amending Directive 77/388/EEC with a view to simplifying value added tax obligations and the Proposal for a Council Regulation amending Regulation (EC) No. 1798/2003 as regards the introduction of administrative cooperation arrangements in the context of the one-stop scheme and the refund procedure for value added tax (OJ C 267 of 27.10.2005, p. 45), which has — naturally — fallen on deaf ears.

11

Combating tax evasion in the single market

Proposal for a Council Directive amending Directive 77/388/EEC with a view to simplifying value added tax obligations and the Proposal for a Council Regulation amending Regulation (EC) No. 1798/2003 as regards the introduction of administrative cooperation arrangements in the context of the one-stop scheme and the refund procedure for value added tax

(12)  The Committee also began to draw attention to this point in 2000 in the opinion referred to in the above footnote, and has continued to make the point in a number of opinions since. The Committee also commented on this in its Opinion on the Proposal for a Council Directive on the common system of value added tax (Recast) (OJ C 74 of 23 March 2005, p. 21).

12

(13)  Cf. EESC opinion on the Proposal for a Council Directive amending Directive 77/388/EEC with a view to simplifying value added tax obligations and the Proposal for a Council Regulation amending Regulation (EC) No 1798/2003 as regards the introduction of administrative cooperation arrangements in the context of the one-stop scheme and the refund procedure for value added tax (OJ C 267 of 27.10.2005, p. 45).

13

Proposal for a Council Directive amending Directive 77/388/EEC with a view to simplifying value added tax obligations and the Proposal for a Council Regulation amending Regulation (EC) No 1798/2003 as regards the introduction of administrative cooperation arrangements in the context of the one-stop scheme and the refund procedure for value added tax

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| 19.8.2008 | EN | Official Journal of the European Union | C 211/72 |
| --- | --- | --- | --- |

19.8.2008

EN

Official Journal of the European Union

C 211/72

---

Opinion of the European Economic and Social Committee on ‘Strategy for the outermost regions: Achievements and future prospects’

COM(2007) 507 final

(2008/C 211/19)

On 21 September 2007 the European Commission decided to consult the European Economic and Social Committee, under Article 262 of the Treaty establishing the European Community, on the

Strategy for the Outermost Regions: Achievements and Future Prospects.

The Section for Economic and Monetary Union and Economic and Social Cohesion, which was responsible for preparing the Committee's work on the subject, adopted its opinion on 28 March 2008. The rapporteur was Mr Coupeau.

At its 444th plenary session, held on 22 and 23 April 2008 (meeting of 22 April), the European Economic and Social Committee adopted the following opinion by 128 votes to three, with five abstentions.

1.   Introduction

| 1.1 | Article 299(2) of the EC Treaty recognises the particularity of outermost regions (hereafter ORs), enabling them to preserve their special characteristics and to mitigate their constraints. |
| --- | --- |

1.1

Article 299(2) of the EC Treaty recognises the particularity of outermost regions (hereafter ORs), enabling them to preserve their special characteristics and to mitigate their constraints.

| 1.2 | The seven regions classified as outermost regions are the autonomous Spanish community of the Canary Islands, the Portuguese autonomous regions of Madeira and the Azores and the four French departments of Guadeloupe, French Guiana, Martinique and Réunion. |
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1.2

The seven regions classified as outermost regions are the autonomous Spanish community of the Canary Islands, the Portuguese autonomous regions of Madeira and the Azores and the four French departments of Guadeloupe, French Guiana, Martinique and Réunion.

| 1.3 | Since 1989, these regions have benefited from a specific programme to support socio-economic development measures aimed at achieving greater convergence with the rest of the European Union. |
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1.3

Since 1989, these regions have benefited from a specific programme to support socio-economic development measures aimed at achieving greater convergence with the rest of the European Union.

| 1.4 | Through its Communication of 12 September 2007 entitled Strategy for the Outermost Regions: Achievements and Future Prospects, the Commission has launched a public consultation process to gather the views of all stakeholders on its OR policy in view of the major challenges to be faced by these regions in the coming years. This opinion is the EESC's contribution to that process. |
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1.4

Through its Communication of 12 September 2007 entitled Strategy for the Outermost Regions: Achievements and Future Prospects, the Commission has launched a public consultation process to gather the views of all stakeholders on its OR policy in view of the major challenges to be faced by these regions in the coming years. This opinion is the EESC's contribution to that process.

| 1.5 | The EESC maintains that while the EU's OR financial policies have had certain beneficial effects, structural difficulties remain, which must be resolved: these policies must therefore be stepped up in future. |
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1.5

The EESC maintains that while the EU's OR financial policies have had certain beneficial effects, structural difficulties remain, which must be resolved: these policies must therefore be stepped up in future.

| 1.6 | The Committee notes that access to Europe and its market is a constant issue for ORs, as a result of their remoteness and insularity (except for French Guiana) and their particular geographical and structural nature. |
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1.6

The Committee notes that access to Europe and its market is a constant issue for ORs, as a result of their remoteness and insularity (except for French Guiana) and their particular geographical and structural nature.

| 1.7 | The EESC points out that the location of the ORs, near such spheres of influence as Mercosur, West Africa, South Africa and the Caribbean, gives Europe a global dimension. Also, being located in several different oceans, the ORs give Europe an exclusive economic area amounting to 25 million km2 containing wealth and resources the extent of which has not yet been estimated. |
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1.7

The EESC points out that the location of the ORs, near such spheres of influence as Mercosur, West Africa, South Africa and the Caribbean, gives Europe a global dimension. Also, being located in several different oceans, the ORs give Europe an exclusive economic area amounting to 25 million km2 containing wealth and resources the extent of which has not yet been estimated.

| 1.8 | The Committee would also highlight that by their very nature outermost regions suffer a competitive disadvantage:






  — | economies of scale are precluded by the smallness of the markets; |
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1.8

The Committee would also highlight that by their very nature outermost regions suffer a competitive disadvantage:

—

economies of scale are precluded by the smallness of the markets;

| — | paucity of natural resources, such as oil, gas and minerals; |
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—

paucity of natural resources, such as oil, gas and minerals;

| — | economic development heavily dependant on only a few products: tourism, agriculture and fisheries; |
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—

economic development heavily dependant on only a few products: tourism, agriculture and fisheries;

| — | given the small size of the markets, there is a tendency for businesses to concentrate and create monopolies or cartels, which undermines competitiveness. |
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—

given the small size of the markets, there is a tendency for businesses to concentrate and create monopolies or cartels, which undermines competitiveness.

| 1.9 | The EESC feels that the Commission's OR inter-service group must be maintained, perhaps even strengthened, to increase the effectiveness of EU policy. |
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1.9

The EESC feels that the Commission's OR inter-service group must be maintained, perhaps even strengthened, to increase the effectiveness of EU policy.

2.   OR sectors of industry: analysis and recommendations

2.1   Tourism

| 2.1.1 | The tourism sector is a major segment in the OR economies and in some cases the sole source of economic growth. |
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2.1.1

The tourism sector is a major segment in the OR economies and in some cases the sole source of economic growth.

| 2.2 | The Canary Islands have developed a diversified tourist industry attracting more than ten million tourists per year. Madeira has also developed its tourist industry by significantly increasing its capacity. There is also a significant tourist industry in the Antilles and Réunion, though it remains vulnerable. Profiting from their outstanding natural environment and propitious climate, the ORs have developed high-end tourism. But this has increased their economic dependence and is a risky strategy, as the vagaries of the climate, euro exchange rates, health concerns, etc., make tourism demand extremely fickle. |
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2.2

The Canary Islands have developed a diversified tourist industry attracting more than ten million tourists per year. Madeira has also developed its tourist industry by significantly increasing its capacity. There is also a significant tourist industry in the Antilles and Réunion, though it remains vulnerable. Profiting from their outstanding natural environment and propitious climate, the ORs have developed high-end tourism. But this has increased their economic dependence and is a risky strategy, as the vagaries of the climate, euro exchange rates, health concerns, etc., make tourism demand extremely fickle.

| 2.3 | The Committee believes there is an urgent need to develop and publicise an OR logo, and to promote these regions in all European countries and even in other countries neighbouring the ORs, in order to diversify and enhance the quality and sustainability of their tourism. |
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2.3

The Committee believes there is an urgent need to develop and publicise an OR logo, and to promote these regions in all European countries and even in other countries neighbouring the ORs, in order to diversify and enhance the quality and sustainability of their tourism.

| 2.4 | Stakeholders in tourism must make more use of sustainable practices, in view of the need to preserve natural resources, and must consult with all local players to establish suitable development criteria. While there is clearly awareness of sustainability within the ORs, this must be accompanied by a policy worked out by local stakeholders and backed by EU funding. |
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2.4

Stakeholders in tourism must make more use of sustainable practices, in view of the need to preserve natural resources, and must consult with all local players to establish suitable development criteria. While there is clearly awareness of sustainability within the ORs, this must be accompanied by a policy worked out by local stakeholders and backed by EU funding.

2.5   Agriculture

| 2.5.1 | The EESC notes that while agriculture is a traditional sector and remains an important pillar of the ORs' economies, its contribution to added value is declining. Agriculture represents a key source of employment, and must at all costs be preserved, and if possible developed:






  — | The most agricultural of the outermost regions are the Azores, where the sector accounts for 24 % of workers (not only livestock farming, but beet, tobacco and so on). Fisheries is a strategic sector in terms of exports — especially of tuna — but has been shrinking of late. |
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2.5.1

The EESC notes that while agriculture is a traditional sector and remains an important pillar of the ORs' economies, its contribution to added value is declining. Agriculture represents a key source of employment, and must at all costs be preserved, and if possible developed:

—

The most agricultural of the outermost regions are the Azores, where the sector accounts for 24 % of workers (not only livestock farming, but beet, tobacco and so on). Fisheries is a strategic sector in terms of exports — especially of tuna — but has been shrinking of late.

| — | The ORs also produce:






  — | bananas (Canary Islands, Madeira, Martinique and Guadeloupe); |
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—

The ORs also produce:

—

bananas (Canary Islands, Madeira, Martinique and Guadeloupe);

| — | sugar cane (Réunion, Guadeloupe and Martinique); |
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—

sugar cane (Réunion, Guadeloupe and Martinique);

| — | tropical fruit (Réunion and French Guiana); |
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—

tropical fruit (Réunion and French Guiana);

| — | tropical flowers (the Antilles); |
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—

tropical flowers (the Antilles);

| — | beverages (Madeira, Canary Islands, Martinique and Guadeloupe). |
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—

beverages (Madeira, Canary Islands, Martinique and Guadeloupe).

| 2.5.2 | It should be noted that there is stiff competition from third countries, which explains some of the fall in added value. |
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2.5.2

It should be noted that there is stiff competition from third countries, which explains some of the fall in added value.

| 2.5.3 | There are two types of agriculture: for the home market and for export. These two types have often been in conflict, but they may also complement each other. The EESC stresses the vital need for local distributors to promote agriculture for the home market. |
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2.5.3

There are two types of agriculture: for the home market and for export. These two types have often been in conflict, but they may also complement each other. The EESC stresses the vital need for local distributors to promote agriculture for the home market.

| 2.5.4 | With regard to agriculture for export, the EESC calls for a promotional campaign for OR produce and for these products to be specially labelled, highlighting their compliance with the EU's exacting social, environmental and health standards. |
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2.5.4

With regard to agriculture for export, the EESC calls for a promotional campaign for OR produce and for these products to be specially labelled, highlighting their compliance with the EU's exacting social, environmental and health standards.

| 2.5.5 | The EESC stresses the urgent need for the EU to bolster its third-country product surveillance policy to prevent the introduction of animal and plant diseases, with a view to safeguarding farms. |
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2.5.5

The EESC stresses the urgent need for the EU to bolster its third-country product surveillance policy to prevent the introduction of animal and plant diseases, with a view to safeguarding farms.

| 2.5.6 | The Committee could envisage a certain degree of compatibility between third-country and OR produce, provided that this:






  — | does not threaten local farms; |
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2.5.6

The Committee could envisage a certain degree of compatibility between third-country and OR produce, provided that this:

—

does not threaten local farms;

| — | raises people's standard of living in third countries; and that |
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—

raises people's standard of living in third countries; and that

| — | there is a forum for consultation to foster a sustainable development framework. |
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—

there is a forum for consultation to foster a sustainable development framework.

| 2.5.7 | The EESC highlights the natural handicaps of ORs, discussed above, and considers that measures compensating for them should be retained. |
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2.5.7

The EESC highlights the natural handicaps of ORs, discussed above, and considers that measures compensating for them should be retained.

| 2.5.8 | The Committee is concerned about land management in certain ORs, as agricultural areas must be preserved. The EU must urge the local authorities to classify the areas to be preserved and the areas to be urbanised, within a sustainable development framework. |
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2.5.8

The Committee is concerned about land management in certain ORs, as agricultural areas must be preserved. The EU must urge the local authorities to classify the areas to be preserved and the areas to be urbanised, within a sustainable development framework.

| 2.5.9 | The ORs are rich in biodiversity and this is an undoubted economic asset. Policy in this area should be ambitious and adequately funded, so as to sustain a rich agricultural fabric using methods that respect the ecosystem. |
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2.5.9

The ORs are rich in biodiversity and this is an undoubted economic asset. Policy in this area should be ambitious and adequately funded, so as to sustain a rich agricultural fabric using methods that respect the ecosystem.

2.6   Fisheries

| 2.6.1 | This is an important sector for outermost regions, but management of fish stocks will prove problematic. Thought should be given to finding new fish supply sources, perhaps marine aquaculture. |
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2.6.1

This is an important sector for outermost regions, but management of fish stocks will prove problematic. Thought should be given to finding new fish supply sources, perhaps marine aquaculture.

| 2.6.2 | Research and targeted policies should ensure ways of maintaining fish supplies. The schemes undertaken so far have been broadly successful in sustaining the sector. |
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2.6.2

Research and targeted policies should ensure ways of maintaining fish supplies. The schemes undertaken so far have been broadly successful in sustaining the sector.

| 2.6.3 | The aquaculture sector is still in its infancy, but is firmly established in the Canary Islands and Réunion. The EESC points to French Guiana's success in the area of shrimp farming. |
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2.6.3

The aquaculture sector is still in its infancy, but is firmly established in the Canary Islands and Réunion. The EESC points to French Guiana's success in the area of shrimp farming.

| 2.6.4 | The location of the ORs gives the European Union a large maritime area (Indian and Atlantic Oceans, the Caribbean, etc.) and a remarkable biodiversity of fish resources. The EESC maintains that sea basins must be managed individually, as the situation in the Indian Ocean differs from that in the Atlantic; this should also take account of actual fish stocks. |
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2.6.4

The location of the ORs gives the European Union a large maritime area (Indian and Atlantic Oceans, the Caribbean, etc.) and a remarkable biodiversity of fish resources. The EESC maintains that sea basins must be managed individually, as the situation in the Indian Ocean differs from that in the Atlantic; this should also take account of actual fish stocks.

2.7   Distributive trades

| 2.7.1 | These form an important sector in the ORs, though reliant on imports from the Member States; consumption is sustained by the local population, but also fluctuates in accordance with tourist numbers. |
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2.7.1

These form an important sector in the ORs, though reliant on imports from the Member States; consumption is sustained by the local population, but also fluctuates in accordance with tourist numbers.

| 2.7.2 | The EESC believes that there is a need for a retail segment focusing on local products to offer a variety of products and a service tailored to the population and to tourists. |
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2.7.2

The EESC believes that there is a need for a retail segment focusing on local products to offer a variety of products and a service tailored to the population and to tourists.

2.8   Companies and competition

| 2.8.1 | Given the modest size of the local market in outermost regions, a small company can quickly find itself in a monopoly position. Thus, what is considered a large company in ORs would correspond to a modest-sized company in continental Europe; as a result, there is no economy of scale in these regions. |
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2.8.1

Given the modest size of the local market in outermost regions, a small company can quickly find itself in a monopoly position. Thus, what is considered a large company in ORs would correspond to a modest-sized company in continental Europe; as a result, there is no economy of scale in these regions.

| 2.8.2 | The Committee highlights the need to increase market transparency and to foster competition between companies. |
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2.8.2

The Committee highlights the need to increase market transparency and to foster competition between companies.

| 2.8.3 | The extra costs faced by ORs are often difficult to pin down. They include:






  — | transporting goods and materials by sea and air; |
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2.8.3

The extra costs faced by ORs are often difficult to pin down. They include:

—

transporting goods and materials by sea and air;

| — | frequently complicated business travel between the continent and the ORs caused by a lack of direct connections, inconvenient timetables and high costs due to distance and twofold insularity; |
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—

frequently complicated business travel between the continent and the ORs caused by a lack of direct connections, inconvenient timetables and high costs due to distance and twofold insularity;

| — | higher warehousing costs due to lack of sea and air connections; |
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—

higher warehousing costs due to lack of sea and air connections;

| — | higher recruitment costs, since in-house training is required to make less skilled workers more productive; |
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—

higher recruitment costs, since in-house training is required to make less skilled workers more productive;

| — | higher outlay on transport, staff training and greater warehousing capacity than businesses in continental Europe: this increases overheads and so reduces competitiveness; |
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—

higher outlay on transport, staff training and greater warehousing capacity than businesses in continental Europe: this increases overheads and so reduces competitiveness;

| — | higher installation costs due to import of materials. |
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—

higher installation costs due to import of materials.

| 2.8.4 | The EESC thinks that EU policies should take account of these extra costs and take measures to try to mitigate them as far as possible. |
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2.8.4

The EESC thinks that EU policies should take account of these extra costs and take measures to try to mitigate them as far as possible.

2.9   Energy

| 2.9.1 | Scarcity or unavailability of traditional energy sources and dependence on external energy is a structural weakness of the OR economies. Nevertheless, ORs have a wide range of possibilities for developing renewable energy: |
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2.9.1

Scarcity or unavailability of traditional energy sources and dependence on external energy is a structural weakness of the OR economies. Nevertheless, ORs have a wide range of possibilities for developing renewable energy:

| 2.9.2 | The EESC points out that energy is a recurring problem in these regions, but that numerous opportunities exist, such as solar, geothermal, sea and wind energy. |
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2.9.2

The EESC points out that energy is a recurring problem in these regions, but that numerous opportunities exist, such as solar, geothermal, sea and wind energy.

| 2.9.3 | Furthermore, these regions do have something of a problem with managing waste, which could be a source of energy. A policy of energy diversification could simultaneously solve the problem of public hygiene:






  — | most of the regions have a tropical climate and can capture the energy this offers; |
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2.9.3

Furthermore, these regions do have something of a problem with managing waste, which could be a source of energy. A policy of energy diversification could simultaneously solve the problem of public hygiene:

—

most of the regions have a tropical climate and can capture the energy this offers;

| — | some regions are on volcanic terrain where geothermal energy can be exploited; |
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—

some regions are on volcanic terrain where geothermal energy can be exploited;

| — | profiting from the proximity of seas, sea-based energy could be developed; |
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—

profiting from the proximity of seas, sea-based energy could be developed;

| — | waste is a possible energy source. |
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—

waste is a possible energy source.

| 2.9.4 | The Committee feels that diversifying energy sources must be considered a long-term goal, for which there must be a financial incentive. |
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2.9.4

The Committee feels that diversifying energy sources must be considered a long-term goal, for which there must be a financial incentive.

2.10   Research and development

| 2.10.1 | New communication technologies must be developed to put an end to isolation and open up opportunities for economic development in the ORs. |
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2.10.1

New communication technologies must be developed to put an end to isolation and open up opportunities for economic development in the ORs.

| 2.10.2 | It is important to develop research for both traditional and non-traditional sectors and to find answers to the issues facing ORs. |
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2.10.2

It is important to develop research for both traditional and non-traditional sectors and to find answers to the issues facing ORs.

| 2.10.3 | The EESC thinks that making these regions more welcoming for research centres would have a very positive effect. This would also provide a useful source of diversification for the economy of the ORs. |
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2.10.3

The EESC thinks that making these regions more welcoming for research centres would have a very positive effect. This would also provide a useful source of diversification for the economy of the ORs.

2.11   The importance of developing and diversifying regional economies

| 2.11.1 | Development in individual ORs differs greatly. With the exception of a few initiatives, new sectors are not very well established in the ORs and can on no account be an alternative to the traditional sector. |
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2.11.1

Development in individual ORs differs greatly. With the exception of a few initiatives, new sectors are not very well established in the ORs and can on no account be an alternative to the traditional sector.

| 2.11.2 | It should be highlighted that the public sector (European, central and regional administration, public companies, universities and research centres) plays a crucial role as an engine of activity. Also, universities are important in the ORs: retaining them is therefore vital. The EESC suggests establishing a European bursary to attract students of all nationalities. |
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2.11.2

It should be highlighted that the public sector (European, central and regional administration, public companies, universities and research centres) plays a crucial role as an engine of activity. Also, universities are important in the ORs: retaining them is therefore vital. The EESC suggests establishing a European bursary to attract students of all nationalities.

| 2.11.3 | Local companies lack investment capacity. They are consequently very much dependent on Community aid to carry out projects other than in traditional sectors. |
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2.11.3

Local companies lack investment capacity. They are consequently very much dependent on Community aid to carry out projects other than in traditional sectors.

| 2.11.4 | The potential for funding companies is restricted by extra costs. The EESC considers it indispensable to have a financing policy that helps companies to develop their fields of activity. The EESC also wishes to stimulate a policy of company creation by facilitating access to venture capital in order to assist the implementation of projects that would bring added value to the ORs. |
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2.11.4

The potential for funding companies is restricted by extra costs. The EESC considers it indispensable to have a financing policy that helps companies to develop their fields of activity. The EESC also wishes to stimulate a policy of company creation by facilitating access to venture capital in order to assist the implementation of projects that would bring added value to the ORs.

2.12   Living conditions

| 2.12.1 | The EESC proposes that the specificities of these outermost regions be taken into account and a long-term coherent policy adapted accordingly. Regions and cities should be made more attractive by improving access to them and supporting research and innovation, including new information and communication technologies. |
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2.12.1

The EESC proposes that the specificities of these outermost regions be taken into account and a long-term coherent policy adapted accordingly. Regions and cities should be made more attractive by improving access to them and supporting research and innovation, including new information and communication technologies.

| 2.12.2 | The Committee feels that social dialogue must be fostered in these regions and that EU policy must take this into account in future OR objectives. |
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2.12.2

The Committee feels that social dialogue must be fostered in these regions and that EU policy must take this into account in future OR objectives.

| 2.12.3 | More and better jobs should be created by encouraging more people into the labour market and facilitating business start-ups, by making workers and companies more adaptable and by increasing investment. |
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2.12.3

More and better jobs should be created by encouraging more people into the labour market and facilitating business start-ups, by making workers and companies more adaptable and by increasing investment.

| 2.12.4 | Local and regional governments responsible for implementing OR policies sometimes tend to overlook the objective of enhancing social cohesion; the EESC considers social and territorial cohesion a priority, which must be factored in. |
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2.12.4

Local and regional governments responsible for implementing OR policies sometimes tend to overlook the objective of enhancing social cohesion; the EESC considers social and territorial cohesion a priority, which must be factored in.

| 2.12.5 | European policies must take account of these goals and put in place an action policy to achieve economic development. To begin with, the EESC would like to see a policy to make the ORs more accessible:






  — | through better connections at more attractive prices and by opening up the transport market, improving transit facilities (ports and airports), rationalising transport logistics and compensating for remoteness; and |
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2.12.5

European policies must take account of these goals and put in place an action policy to achieve economic development. To begin with, the EESC would like to see a policy to make the ORs more accessible:

—

through better connections at more attractive prices and by opening up the transport market, improving transit facilities (ports and airports), rationalising transport logistics and compensating for remoteness; and

| — | by developing traditional sectors, through promotional activity and the training of workers. |
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—

by developing traditional sectors, through promotional activity and the training of workers.

| 2.12.6 | The EESC is responsive to the situation of the ORs and wishes to see an improvement in working conditions and a rise in the standard of living through an ambitious policy that tempers the handicaps and paves the way to the creation of added value. |
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2.12.6

The EESC is responsive to the situation of the ORs and wishes to see an improvement in working conditions and a rise in the standard of living through an ambitious policy that tempers the handicaps and paves the way to the creation of added value.

| 2.12.7 | It should be noted that public services of general interest represent one of the main problems faced by OR residents. The EESC thinks that the EU's OR policy should take account of the fact that if convergence is to advance, social cohesion must be increased by enhancing the quality of public services. |
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2.12.7

It should be noted that public services of general interest represent one of the main problems faced by OR residents. The EESC thinks that the EU's OR policy should take account of the fact that if convergence is to advance, social cohesion must be increased by enhancing the quality of public services.

2.13   Cross-border cooperation

| 2.13.1 | The EESC highlights the need for dynamic cross-border cooperation with other regional groupings apart from the European Union, to establish common synergies for increasing development in these regions; this would be conditional on the involvement of the ORs' local authorities. |
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2.13.1

The EESC highlights the need for dynamic cross-border cooperation with other regional groupings apart from the European Union, to establish common synergies for increasing development in these regions; this would be conditional on the involvement of the ORs' local authorities.

| 2.13.2 | The EESC would wish to see a thorough examination of cross-border cooperation and is convinced that solutions can be found. However, the usual safeguards will need to be put in place to make sure no new problems are created. |
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2.13.2

The EESC would wish to see a thorough examination of cross-border cooperation and is convinced that solutions can be found. However, the usual safeguards will need to be put in place to make sure no new problems are created.

2.14   Tax system

| 2.14.1 | The ORs have specific economic and tax systems, included among those approved by the EU. The EESC believes that maintaining these specific economic and tax arrangements is crucial to helping ORs overcome the structural difficulties they face. |
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2.14.1

The ORs have specific economic and tax systems, included among those approved by the EU. The EESC believes that maintaining these specific economic and tax arrangements is crucial to helping ORs overcome the structural difficulties they face.

2.15   Cohesion policy

| 2.15.1 | Achieving economic, social and territorial cohesion is one of the main EU goals that will have to be stepped up in future. The EESC maintains that European OR policy must be aimed at increasing cohesion so that all sections of the population can enjoy a better quality of life. |
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2.15.1

Achieving economic, social and territorial cohesion is one of the main EU goals that will have to be stepped up in future. The EESC maintains that European OR policy must be aimed at increasing cohesion so that all sections of the population can enjoy a better quality of life.

| 2.15.2 | Cohesion policy must enable businesses to modernise and develop and new businesses to be created for the young. In pursuit of this goal, innovation is a priority in order to create new opportunities and promote research and training centres in association with the business world. |
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2.15.2

Cohesion policy must enable businesses to modernise and develop and new businesses to be created for the young. In pursuit of this goal, innovation is a priority in order to create new opportunities and promote research and training centres in association with the business world.

| 2.15.3 | To increase cohesion, not only must economic development be encouraged, but there must also be an increase in quality of jobs, pay and public services. |
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2.15.3

To increase cohesion, not only must economic development be encouraged, but there must also be an increase in quality of jobs, pay and public services.

| 2.15.4 | The ORs can play a considerable role in regional development, as they are very important European platforms for companies. They can also act as a regional model in developing civil society participation and as a world reference in terms of the social model. |
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2.15.4

The ORs can play a considerable role in regional development, as they are very important European platforms for companies. They can also act as a regional model in developing civil society participation and as a world reference in terms of the social model.

2.16   Strengthening the Wider Neighbourhood Action Plan

| 2.16.1 | The location of the ORs gives them the opportunity of a privileged partnership with other neighbouring regions. However, this policy must be further stepped up, as it is insufficiently and unevenly implemented. The EESC points out that this partnership must not be uniquely with the mother countries and on their initiative, and that there should be measures to encourage mutual acquaintance in these parts of the world. |
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2.16.1

The location of the ORs gives them the opportunity of a privileged partnership with other neighbouring regions. However, this policy must be further stepped up, as it is insufficiently and unevenly implemented. The EESC points out that this partnership must not be uniquely with the mother countries and on their initiative, and that there should be measures to encourage mutual acquaintance in these parts of the world.

2.17   Economic Partnership Agreements (EPAs)

| 2.17.1 | EPAs could offer an opportunity for the development of outermost regions, but this requires study and reliable analysis of these future agreements. The EPAs must take account of the interests of all stakeholders. |
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2.17.1

EPAs could offer an opportunity for the development of outermost regions, but this requires study and reliable analysis of these future agreements. The EPAs must take account of the interests of all stakeholders.

| 2.17.2 | The EESC calls for these agreements to foster participation of the social partners and civil society in both the ORs and third countries. |
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2.17.2

The EESC calls for these agreements to foster participation of the social partners and civil society in both the ORs and third countries.

| 2.17.3 | The EESC advocates closer relations and dialogue between the ORs and the ACP States, aimed at identifying synergies and fostering economic development for all. |
| --- | --- |

2.17.3

The EESC advocates closer relations and dialogue between the ORs and the ACP States, aimed at identifying synergies and fostering economic development for all.

2.18   Migratory flows

| 2.18.1 | The EU is currently drawing up a common immigration policy to take account of the demographic situation, labour markets and cooperation with countries of origin. Migratory flows are a serious concern for ORs. The ORs need arrangements to reduce illegal and/or irregular flows. Any European migration policy must therefore take appropriate account of the particular needs of ORs and provide sustainable solutions to the problems they face. |
| --- | --- |

2.18.1

The EU is currently drawing up a common immigration policy to take account of the demographic situation, labour markets and cooperation with countries of origin. Migratory flows are a serious concern for ORs. The ORs need arrangements to reduce illegal and/or irregular flows. Any European migration policy must therefore take appropriate account of the particular needs of ORs and provide sustainable solutions to the problems they face.

| 2.18.2 | An impact assessment should be conducted to provide a better understanding of this matter and offer solutions to migration issues. |
| --- | --- |

2.18.2

An impact assessment should be conducted to provide a better understanding of this matter and offer solutions to migration issues.

| 2.18.3 | The Committee calls for EU immigration policy to be more ambitious, aimed at managing immigration through common legislation and transparent procedures. Europe must be able to facilitate immigration for the ORs by taking account of demographic changes of the labour market. |
| --- | --- |

2.18.3

The Committee calls for EU immigration policy to be more ambitious, aimed at managing immigration through common legislation and transparent procedures. Europe must be able to facilitate immigration for the ORs by taking account of demographic changes of the labour market.

| 2.18.4 | Given demographic trends in Europe, migratory flows are set to increase. Because of their location, ORs have to deal with problems arising from irregular immigration and need EU solidarity in this regard. The European Agency for the Management of Operational Cooperation at the External Borders must step up its activities in the ORs. |
| --- | --- |

2.18.4

Given demographic trends in Europe, migratory flows are set to increase. Because of their location, ORs have to deal with problems arising from irregular immigration and need EU solidarity in this regard. The European Agency for the Management of Operational Cooperation at the External Borders must step up its activities in the ORs.

2.19   Increasing the number of ORs

| 2.19.1 | Certain Member States, specifically France and the Netherlands, are currently considering the idea of increasing the number of ORs. This move would require a positive decision by the Council. The EESC stresses, however, that if the existing and new ORs are to be better integrated, the EU will have to earmark more funds to this area. |
| --- | --- |

2.19.1

Certain Member States, specifically France and the Netherlands, are currently considering the idea of increasing the number of ORs. This move would require a positive decision by the Council. The EESC stresses, however, that if the existing and new ORs are to be better integrated, the EU will have to earmark more funds to this area.

Brussels, 22 April 2008

The President

of the European Economic and Social Committee

Dimitris DIMITRIADIS

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| 19.8.2008 | EN | Official Journal of the European Union | C 211/77 |
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19.8.2008

EN

Official Journal of the European Union

C 211/77

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Opinion of the European Economic and Social Committee on ‘Freedom of association in the Euromed partner countries’

(2008/C 211/20)

On 17 January 2007 the European Economic and Social Committee, acting under Rule 29(2) of its Rules of Procedure, decided to draw up an opinion on

Freedom of association in the Euromed partner countries.

The Section for External Relations, which was responsible for preparing the Committee's work on the subject, adopted its opinion on 22 February 2008. The rapporteur was Mr Moreno Preciado.

At its 444th plenary session, held on 22 and 23 April 2008 (meeting of 22 April), the European Economic and Social Committee adopted the following opinion by 99 votes with one abstention.

1.   Summary and recommendations

| 1.1 | Respect for freedom of association is explicitly stated among the undertakings of the governments signatory to the November 1995 Barcelona Declaration, which set up the Euro-Mediterranean Partnership.
  The association agreements signed between the EU and each of the Mediterranean Partner Countries (MPC (1)) include a clause to the effect that adherence to democratic principles and fundamental rights are an essential element of the association agreements.
  The action plans that the European Union is concluding with the MPCs under the European Neighbourhood Policy introduced in 2004 also include references to ‘good governance and the promotion of human rights and fundamental freedoms’. |
| --- | --- |

1.1

Respect for freedom of association is explicitly stated among the undertakings of the governments signatory to the November 1995 Barcelona Declaration, which set up the Euro-Mediterranean Partnership.

The association agreements signed between the EU and each of the Mediterranean Partner Countries (MPC (1)) include a clause to the effect that adherence to democratic principles and fundamental rights are an essential element of the association agreements.

The action plans that the European Union is concluding with the MPCs under the European Neighbourhood Policy introduced in 2004 also include references to ‘good governance and the promotion of human rights and fundamental freedoms’.

| 1.2 | The reality in the MPCs — although to differing degrees — is however that freedom of association is not guaranteed and a flourishing civil society is held back by political and administrative hurdles ranging from rejecting associations' constitutions in some cases, to banning or suspension orders in others.
  Legally-recognised associations also run into obstacles in operating normally, with the imposition by the government of prohibitions or restrictions on access to international cooperation-based financial assistance being particularly serious. |
| --- | --- |

1.2

The reality in the MPCs — although to differing degrees — is however that freedom of association is not guaranteed and a flourishing civil society is held back by political and administrative hurdles ranging from rejecting associations' constitutions in some cases, to banning or suspension orders in others.

Legally-recognised associations also run into obstacles in operating normally, with the imposition by the government of prohibitions or restrictions on access to international cooperation-based financial assistance being particularly serious.

| 1.3 | The emergence of free associations of social groups in different sectors of civil society (workers, employers, farmers, social economy, women, young people, consumers, etc.) is a prerequisite for the process of democratisation in the Mediterranean partner countries. The well-established Euro-Mediterranean economic association, through the EU association agreements with the MPCs, must be extended to the social and democratic dimensions. The involvement of organised civil society is necessary for this purpose. |
| --- | --- |

1.3

The emergence of free associations of social groups in different sectors of civil society (workers, employers, farmers, social economy, women, young people, consumers, etc.) is a prerequisite for the process of democratisation in the Mediterranean partner countries. The well-established Euro-Mediterranean economic association, through the EU association agreements with the MPCs, must be extended to the social and democratic dimensions. The involvement of organised civil society is necessary for this purpose.

| 1.4 | The political authorities interfere with trade unions at various levels, limiting the protection of workers' representatives in exercising their rights, including the right to strike. |
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1.4

The political authorities interfere with trade unions at various levels, limiting the protection of workers' representatives in exercising their rights, including the right to strike.

| 1.5 | The weakness of dialogue and social consultation illustrates the deficit in employers' and trade unions' associative work. This bipartite, or tripartite, dialogue is less developed in the Middle Eastern countries than in North Africa. |
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1.5

The weakness of dialogue and social consultation illustrates the deficit in employers' and trade unions' associative work. This bipartite, or tripartite, dialogue is less developed in the Middle Eastern countries than in North Africa.

| 1.6 | The EESC calls on the European Commission to ensure that the democratising commitments of the Euro-Mediterranean partnership, the association agreements and the neighbourhood policy action plans are fulfilled. The Commission should also make it clear to the governments concerned that associations cannot be subject to any measures of dissolution or administrative suspension, except by means of proper judicial procedure. |
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1.6

The EESC calls on the European Commission to ensure that the democratising commitments of the Euro-Mediterranean partnership, the association agreements and the neighbourhood policy action plans are fulfilled. The Commission should also make it clear to the governments concerned that associations cannot be subject to any measures of dissolution or administrative suspension, except by means of proper judicial procedure.

| 1.7 | Similarly, the EESC asks the Commission to ensure that MPC governments guarantee that members and officials of associations may not be detained for carrying out their legitimate association tasks. |
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1.7

Similarly, the EESC asks the Commission to ensure that MPC governments guarantee that members and officials of associations may not be detained for carrying out their legitimate association tasks.

| 1.8 | The EESC urges the European Commission to take account, in drafting the country strategy papers establishing the framework for Community cooperation under the action plans, of the level of compliance by the partner country governments with respect to freedom of association and human rights.
  This demand is also based on Article 1 of the Community Action Programme 2005-2010 for the Euro-Mediterranean area (political association and security) which establishes the main objectives of promoting civic participation: more involvement of women; ensuring freedom of expression and association; promoting the role of civil society; implementing international conventions. |
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1.8

The EESC urges the European Commission to take account, in drafting the country strategy papers establishing the framework for Community cooperation under the action plans, of the level of compliance by the partner country governments with respect to freedom of association and human rights.

This demand is also based on Article 1 of the Community Action Programme 2005-2010 for the Euro-Mediterranean area (political association and security) which establishes the main objectives of promoting civic participation: more involvement of women; ensuring freedom of expression and association; promoting the role of civil society; implementing international conventions.

| 1.9 | The EESC asks the European Commission to require the involvement of MPC civil society as part of the follow-up to the association agreements and action plans. |
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1.9

The EESC asks the European Commission to require the involvement of MPC civil society as part of the follow-up to the association agreements and action plans.

| 1.10 | At the Euro-Mediterranean Parliamentary Assembly, where it has observer status, the EESC will propose that partner country parliamentarians are informed of the need to reform any legislation which hampers freedom of association. |
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1.10

At the Euro-Mediterranean Parliamentary Assembly, where it has observer status, the EESC will propose that partner country parliamentarians are informed of the need to reform any legislation which hampers freedom of association.

| 1.11 | The EESC may (with the cooperation of Euromed networks of employers, trade unions, the social economy and others) draw up regular and detailed reports on the state of freedom of association and human rights in the MPCs, to be forwarded to the European Commission and the European Parliament. The present opinion will be discussed at the next summit of Economic and Social Councils and Similar Institutions, to be held in Morocco in 2008. The views and information gathered at the meeting will contribute to the follow-up. |
| --- | --- |

1.11

The EESC may (with the cooperation of Euromed networks of employers, trade unions, the social economy and others) draw up regular and detailed reports on the state of freedom of association and human rights in the MPCs, to be forwarded to the European Commission and the European Parliament. The present opinion will be discussed at the next summit of Economic and Social Councils and Similar Institutions, to be held in Morocco in 2008. The views and information gathered at the meeting will contribute to the follow-up.

| 1.12 | The EESC will press ahead with its work of supporting the establishment of official MPC civil society consultative bodies, and reinvigorating those that already exist in Lebanon and Jordan, and will also recommend that such bodies be made up of representative organisations from the various civil sectors, and be equipped with the necessary resources for them to operate independently and effectively. |
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1.12

The EESC will press ahead with its work of supporting the establishment of official MPC civil society consultative bodies, and reinvigorating those that already exist in Lebanon and Jordan, and will also recommend that such bodies be made up of representative organisations from the various civil sectors, and be equipped with the necessary resources for them to operate independently and effectively.

| 1.13 | The EESC again stresses the need to strengthen the position of women in society, and particularly in the associative activities of the partner countries, in keeping with the recommendations of its opinion on promotion of women's entrepreneurship in the Euromed region (2).
  By the same token, it also emphasises the importance of the conclusions of the Euro-Mediterranean ministerial conference (3), which back the promotion of women's representation and participation in economic decision-making positions, in particular in employers' associations, workers' unions and other socio-economic structures. |
| --- | --- |

1.13

The EESC again stresses the need to strengthen the position of women in society, and particularly in the associative activities of the partner countries, in keeping with the recommendations of its opinion on promotion of women's entrepreneurship in the Euromed region (2).

By the same token, it also emphasises the importance of the conclusions of the Euro-Mediterranean ministerial conference (3), which back the promotion of women's representation and participation in economic decision-making positions, in particular in employers' associations, workers' unions and other socio-economic structures.

| 1.14 | The EESC will facilitate meetings and dialogue between employers' organisations (UMCE) and trade unions (Euromed Trade Union Forum) and support their development, as well as that of other Euromed civil society organisations such as the Euromed Social Economy Network (ESMED) and women's organisations. |
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1.14

The EESC will facilitate meetings and dialogue between employers' organisations (UMCE) and trade unions (Euromed Trade Union Forum) and support their development, as well as that of other Euromed civil society organisations such as the Euromed Social Economy Network (ESMED) and women's organisations.

2.   Foundations of the freedom of association with a view to achieving the democratising aims of the Barcelona Process

| 2.1 | The need for this new opinion arises from the shortcomings pointed out by the conclusions of the first Euromed Summit of Heads of State and Government (November 2005) concerning the role of civil society, and also comes in the wake of the Final Declarations of the most recent Euro-Mediterranean summits of Economic and Social Councils and Similar Institutions (Amman, November 2005, Ljubljana, November 2006 and Athens, October 2007). The purpose of the present own-initiative opinion is to contribute to the full exercise of the right of association in the southern Mediterranean partner countries. |
| --- | --- |

2.1

The need for this new opinion arises from the shortcomings pointed out by the conclusions of the first Euromed Summit of Heads of State and Government (November 2005) concerning the role of civil society, and also comes in the wake of the Final Declarations of the most recent Euro-Mediterranean summits of Economic and Social Councils and Similar Institutions (Amman, November 2005, Ljubljana, November 2006 and Athens, October 2007). The purpose of the present own-initiative opinion is to contribute to the full exercise of the right of association in the southern Mediterranean partner countries.

| 2.2 | The commitments made by the countries that signed the Barcelona Declaration include the following:






  — | to act in accordance with the United Nations Charter and the Universal Declaration of Human Rights, as well as other obligations under international law, in particular those arising out of regional and international instruments to which they are party; |
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2.2

The commitments made by the countries that signed the Barcelona Declaration include the following:

—

to act in accordance with the United Nations Charter and the Universal Declaration of Human Rights, as well as other obligations under international law, in particular those arising out of regional and international instruments to which they are party;

| — | to develop the rule of law and democracy in their political systems, while recognising in this framework the right of each of them to choose and freely develop its own political, socio-cultural, economic and judicial system; |
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—

to develop the rule of law and democracy in their political systems, while recognising in this framework the right of each of them to choose and freely develop its own political, socio-cultural, economic and judicial system;

| — | to respect human rights and fundamental freedoms and guarantee the effective legitimate exercise of such rights and freedoms, including freedom of expression, freedom of association for peaceful purposes and freedom of thought, conscience and religion, both individually and together with other members of the same group, without any discrimination on grounds of race, nationality, language, religion or sex. |
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—

to respect human rights and fundamental freedoms and guarantee the effective legitimate exercise of such rights and freedoms, including freedom of expression, freedom of association for peaceful purposes and freedom of thought, conscience and religion, both individually and together with other members of the same group, without any discrimination on grounds of race, nationality, language, religion or sex.

| 2.3 | The First Euro-Mediterranean Summit of Heads of State and Government, held in Barcelona in 2005 to assess the first ten years of the Euromed process was generally judged to have been successful, since it contained a number of advances compared to the 1995 Declaration, and new provisions concerning the development of the role of civil society. The democracy and human rights aspect, however, continued to be a source of serious concern, as expressed at the summit itself. |
| --- | --- |

2.3

The First Euro-Mediterranean Summit of Heads of State and Government, held in Barcelona in 2005 to assess the first ten years of the Euromed process was generally judged to have been successful, since it contained a number of advances compared to the 1995 Declaration, and new provisions concerning the development of the role of civil society. The democracy and human rights aspect, however, continued to be a source of serious concern, as expressed at the summit itself.

| 2.4 | In consequence, the 2005 summit made a commitment to extend political pluralism and participation to all citizens, particularly women and young people, by promoting a competitive political framework, to include free and fair elections and progress towards decentralisation and better public management. |
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2.4

In consequence, the 2005 summit made a commitment to extend political pluralism and participation to all citizens, particularly women and young people, by promoting a competitive political framework, to include free and fair elections and progress towards decentralisation and better public management.

| 2.5 | For its part, the European Commission implicitly acknowledged the scanty progress made in connection with human rights. In its Communication to the Council and the European Parliament (4), it placed human rights among the three priority themes for the Mediterranean region, and also for closer relations between the European Union and the partner countries, focusing principally on the objective of advancing human rights and democracy. The EESC shares the Commission's opinion, and considers it vital that democratising processes in the MPCs be launched and consolidated. |
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2.5

For its part, the European Commission implicitly acknowledged the scanty progress made in connection with human rights. In its Communication to the Council and the European Parliament (4), it placed human rights among the three priority themes for the Mediterranean region, and also for closer relations between the European Union and the partner countries, focusing principally on the objective of advancing human rights and democracy. The EESC shares the Commission's opinion, and considers it vital that democratising processes in the MPCs be launched and consolidated.

| 2.6 | Among the main recommendations of the 2004 United Nations Development Programme (UNDP) report (5) are a gradual shift towards more representative governance, the first stage of which should be to unleash the strengths of civil society and to allow the expression of the three fundamental freedoms: freedom of opinion, freedom of expression and freedom of association.
  In this regard, and in order to make it easier for women to take part in every aspect of public life in the MPCs, changes must be made to legislation, especially laws on personal status, so that women can make free choices in exercising the fundamental freedoms. |
| --- | --- |

2.6

Among the main recommendations of the 2004 United Nations Development Programme (UNDP) report (5) are a gradual shift towards more representative governance, the first stage of which should be to unleash the strengths of civil society and to allow the expression of the three fundamental freedoms: freedom of opinion, freedom of expression and freedom of association.

In this regard, and in order to make it easier for women to take part in every aspect of public life in the MPCs, changes must be made to legislation, especially laws on personal status, so that women can make free choices in exercising the fundamental freedoms.

| 2.7 | The final declarations of the last two Summits of Economic and Social Councils and Similar Institutions addressed aspects touching upon the central theme of the present own-initiative opinion. |
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2.7

The final declarations of the last two Summits of Economic and Social Councils and Similar Institutions addressed aspects touching upon the central theme of the present own-initiative opinion.

| 2.8 | The 2006 meeting in Ljubljana noted the need to strengthen dialogue and cooperation between governments and non-governmental players in the Euromed region, especially associations of women and young people, and socio-occupational organisations. In this regard, the Final Declaration proposed that the Slovenian Council Presidency (first half of 2008) should organise a tripartite conference on progress in social dialogue. |
| --- | --- |

2.8

The 2006 meeting in Ljubljana noted the need to strengthen dialogue and cooperation between governments and non-governmental players in the Euromed region, especially associations of women and young people, and socio-occupational organisations. In this regard, the Final Declaration proposed that the Slovenian Council Presidency (first half of 2008) should organise a tripartite conference on progress in social dialogue.

| 2.9 | The Final Declaration of the last Summit of Economic and Social Councils and Similar Institutions (Athens, 15 and 16 October 2007) included a number of significant references: (a) a call for regular monitoring of civil society involvement in defining and implementing national action plans, and the suggestion that ESCs and similar institutions could serve as a means of facilitating such monitoring (b) it called for resources, support and recognition to be given to ESCs so that they can speak out independently, and for a commitment on their part to remain open to civil society representatives not included in such bodies (c) point 12 explicitly demanded respect for the freedom of association in order to facilitate civil society dialogue. |
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2.9

The Final Declaration of the last Summit of Economic and Social Councils and Similar Institutions (Athens, 15 and 16 October 2007) included a number of significant references: (a) a call for regular monitoring of civil society involvement in defining and implementing national action plans, and the suggestion that ESCs and similar institutions could serve as a means of facilitating such monitoring (b) it called for resources, support and recognition to be given to ESCs so that they can speak out independently, and for a commitment on their part to remain open to civil society representatives not included in such bodies (c) point 12 explicitly demanded respect for the freedom of association in order to facilitate civil society dialogue.

3.   How freedom of association is faring in the Mediterranean partner countries

| 3.1 | Security and the pursuit of peace are essential to the creation of a conducive atmosphere for carrying forward a process of democratisation in all the Mediterranean partner countries.
  The disastrous situation in the Palestinian territories, the war in Iraq and the rise of extremism and terrorism have had a very damaging effect on the prospects for developing the freedoms. Some governments have used these risks or on outside threats to justify clamping down on pro-democracy reforms. In certain countries, this has led to a clawing-back of individual freedoms and the right of association. |
| --- | --- |

3.1

Security and the pursuit of peace are essential to the creation of a conducive atmosphere for carrying forward a process of democratisation in all the Mediterranean partner countries.

The disastrous situation in the Palestinian territories, the war in Iraq and the rise of extremism and terrorism have had a very damaging effect on the prospects for developing the freedoms. Some governments have used these risks or on outside threats to justify clamping down on pro-democracy reforms. In certain countries, this has led to a clawing-back of individual freedoms and the right of association.

| 3.2 | The guaranteed exercise of human rights is an absolutely crucial precondition for putting these declared democratising intentions into practice. The freedom of association, together with the promotion and development of associations, is in the interests of all sectors, and is a key factor in developing the Euro-Mediterranean Partnership, particularly with regard to the involvement in it of civil society and its various bodies. |
| --- | --- |

3.2

The guaranteed exercise of human rights is an absolutely crucial precondition for putting these declared democratising intentions into practice. The freedom of association, together with the promotion and development of associations, is in the interests of all sectors, and is a key factor in developing the Euro-Mediterranean Partnership, particularly with regard to the involvement in it of civil society and its various bodies.

| 3.3 | It needs to be repeated that the right to free association includes the right to join, associate with, form and withdraw from groups, associations and societies of different kinds. It demands the non-involvement of the State in the establishment and affairs of all associations operating in keeping with the law. It also requires the support of the State in creating and maintaining an atmosphere in which the right to free association can be exercised. |
| --- | --- |

3.3

It needs to be repeated that the right to free association includes the right to join, associate with, form and withdraw from groups, associations and societies of different kinds. It demands the non-involvement of the State in the establishment and affairs of all associations operating in keeping with the law. It also requires the support of the State in creating and maintaining an atmosphere in which the right to free association can be exercised.

| 3.4 | The right to form and join associations cannot be isolated from the other civic and political rights, such as the freedoms of expression and opinion, freedom of movement and asylum. A flourishing civil society will, in turn, contribute to the introduction or consolidation of more pluralist political systems. |
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3.4

The right to form and join associations cannot be isolated from the other civic and political rights, such as the freedoms of expression and opinion, freedom of movement and asylum. A flourishing civil society will, in turn, contribute to the introduction or consolidation of more pluralist political systems.

| 3.5 | There is a contradiction in the majority of the MPCs between the international conventions (guaranteeing the right to the freedom of association) signed by their governments and their national laws, and between both these legal systems and the facts on the ground to which they are applied. With the exception of a few countries, the creation of associations and the exercise of their activities are subject to a raft of restrictions, on the grounds — or pretext — of safeguarding national security and unity. |
| --- | --- |

3.5

There is a contradiction in the majority of the MPCs between the international conventions (guaranteeing the right to the freedom of association) signed by their governments and their national laws, and between both these legal systems and the facts on the ground to which they are applied. With the exception of a few countries, the creation of associations and the exercise of their activities are subject to a raft of restrictions, on the grounds — or pretext — of safeguarding national security and unity.

| 3.6 | This pretext is habitually used, through legislation, to limit (or sometimes even abolish) the rights to strike, assemble, demonstrate and set up associations. Strong centralisation of executive power, a widespread feature of the political systems in partner countries, is reflected in excessive supervision of associations. |
| --- | --- |

3.6

This pretext is habitually used, through legislation, to limit (or sometimes even abolish) the rights to strike, assemble, demonstrate and set up associations. Strong centralisation of executive power, a widespread feature of the political systems in partner countries, is reflected in excessive supervision of associations.

| 3.7 | Tolerance, control and repression are the three approaches used (sometimes in combination) by the authorities in dealing with associations. In some countries, there is an acceptable degree of freedom for associations, that is only restricted under specific circumstances; in others independent associations are allowed to operate but are constricted by administrative and financial controls; and then there are countries in which only pro-government associations are allowed. |
| --- | --- |

3.7

Tolerance, control and repression are the three approaches used (sometimes in combination) by the authorities in dealing with associations. In some countries, there is an acceptable degree of freedom for associations, that is only restricted under specific circumstances; in others independent associations are allowed to operate but are constricted by administrative and financial controls; and then there are countries in which only pro-government associations are allowed.

| 3.8 | Interference and control have a negative impact on the different stages in an association's existence, from its inception right through to dissolution. Where the establishment of associations is selective or discretionary, associations are frequently restricted to persons close to the authorities, and are generally a source of corruption. Where dissolution can be imposed arbitrarily, associations act timidly, and fail to live up to expectations or potential. |
| --- | --- |

3.8

Interference and control have a negative impact on the different stages in an association's existence, from its inception right through to dissolution. Where the establishment of associations is selective or discretionary, associations are frequently restricted to persons close to the authorities, and are generally a source of corruption. Where dissolution can be imposed arbitrarily, associations act timidly, and fail to live up to expectations or potential.

| 3.9 | Three types of association are, for different reasons, particularly subject to surveillance: firstly, fundamentalist Islamicist associations, suspected of encouraging extreme political Islamism, which in some countries has become the main force for opposition, either legal or underground. Next, human rights associations, because they are sometimes also close to alternative political groupings. And then there are the trade unions, since they are in some cases mass organisations that can challenge a country's economic and social policy, and have close links with international organisations and institutions. |
| --- | --- |

3.9

Three types of association are, for different reasons, particularly subject to surveillance: firstly, fundamentalist Islamicist associations, suspected of encouraging extreme political Islamism, which in some countries has become the main force for opposition, either legal or underground. Next, human rights associations, because they are sometimes also close to alternative political groupings. And then there are the trade unions, since they are in some cases mass organisations that can challenge a country's economic and social policy, and have close links with international organisations and institutions.

| 3.10 | Although these restrictions are widespread, it must be pointed out that the level of freedoms concerning the right of association in the partner countries is far from uniform. In many countries it is possible, albeit with difficulty, for workers, the self-employed, employers, women, young people, farmers, etc. to organise independently. |
| --- | --- |

3.10

Although these restrictions are widespread, it must be pointed out that the level of freedoms concerning the right of association in the partner countries is far from uniform. In many countries it is possible, albeit with difficulty, for workers, the self-employed, employers, women, young people, farmers, etc. to organise independently.

4.   Situation and features of the main associations in the MPCs

| 4.1 | Traditional organisations representing workers, farmers, employers, the social economy and other various activities cover all the countries, but they are relatively weak and subject to the restrictions described. |
| --- | --- |

4.1

Traditional organisations representing workers, farmers, employers, the social economy and other various activities cover all the countries, but they are relatively weak and subject to the restrictions described.

| 4.2 | Other types of association are of a charitable and welfare nature, working with disadvantaged populations to provide services mainly on a community, religious, regional, tribal or family basis. In some cases, they amount to real, organised social services. |
| --- | --- |

4.2

Other types of association are of a charitable and welfare nature, working with disadvantaged populations to provide services mainly on a community, religious, regional, tribal or family basis. In some cases, they amount to real, organised social services.

| 4.3 | Other types of environmental and cultural association have emerged since the 1990s, seeking to involve themselves in public or state affairs by means of proposals, encouragement and direct action, and not simply to fill in the gaps left by state shortcomings. These new associations are often met with suspicion and obstructionism on the part of the administrative and political structures. |
| --- | --- |

4.3

Other types of environmental and cultural association have emerged since the 1990s, seeking to involve themselves in public or state affairs by means of proposals, encouragement and direct action, and not simply to fill in the gaps left by state shortcomings. These new associations are often met with suspicion and obstructionism on the part of the administrative and political structures.

| 4.4 | Other important associations are concerned with issues touching upon human rights, women's rights, defending minorities and developing democracy in general. |
| --- | --- |

4.4

Other important associations are concerned with issues touching upon human rights, women's rights, defending minorities and developing democracy in general.

| 4.5 | The situation at the workplace and in industrial relations in the MPCs was discussed at length at the last Summit of Economic and Social Councils, through the joint report presented by the Spanish ESC. Some of the views contained in it are included in the following four points. |
| --- | --- |

4.5

The situation at the workplace and in industrial relations in the MPCs was discussed at length at the last Summit of Economic and Social Councils, through the joint report presented by the Spanish ESC. Some of the views contained in it are included in the following four points.

| 4.6 | The principal of trade union freedom is enshrined in the constitutions of the MPCs. In the last few years some progress has been made in ratifying the main ILO social conventions. The same has not however occurred in terms of their incorporation into national legislation. The ILO Trade Union Freedom Committee, responsible for examining complaints made by trade unions or business organisations against their governments in relation to violations of union freedom, has received a number of complaints from MPCs, mostly concerning Morocco and Turkey (6). |
| --- | --- |

4.6

The principal of trade union freedom is enshrined in the constitutions of the MPCs. In the last few years some progress has been made in ratifying the main ILO social conventions. The same has not however occurred in terms of their incorporation into national legislation. The ILO Trade Union Freedom Committee, responsible for examining complaints made by trade unions or business organisations against their governments in relation to violations of union freedom, has received a number of complaints from MPCs, mostly concerning Morocco and Turkey (6).

| 4.7 | The model for trade union organisations varies from country to country. Some have a single, compulsory trade union (monopoly), while in others this unity is voluntary (single trade union), and a number of countries have a range of trade union organisations. There is also marked functional dependence with respect to the political powers. |
| --- | --- |

4.7

The model for trade union organisations varies from country to country. Some have a single, compulsory trade union (monopoly), while in others this unity is voluntary (single trade union), and a number of countries have a range of trade union organisations. There is also marked functional dependence with respect to the political powers.

| 4.8 | In addition, there is a lack of clear and well-defined regulatory legislation on representation, affecting both union organisations and business organisations, leaving plenty of room for the discretional exercise of power by the political authorities. |
| --- | --- |

4.8

In addition, there is a lack of clear and well-defined regulatory legislation on representation, affecting both union organisations and business organisations, leaving plenty of room for the discretional exercise of power by the political authorities.

| 4.9 | Most trade union organisations in the MPCs belong to wider international confederations, and coordinate their work with European trade unions through the Euromed Trade Union Forum. The forum comprises the European Trade Union Confederation (ETUC), the International Trade Union Confederation (ITUC), the International Confederation of Arab Trade Unions (ICATU) and the Trade Union Confederation of Arab Magreb Workers (USTMA). Their objectives include greater north-south cooperation, and the defence and promotion of workers' interests in the Barcelona Process. |
| --- | --- |

4.9

Most trade union organisations in the MPCs belong to wider international confederations, and coordinate their work with European trade unions through the Euromed Trade Union Forum. The forum comprises the European Trade Union Confederation (ETUC), the International Trade Union Confederation (ITUC), the International Confederation of Arab Trade Unions (ICATU) and the Trade Union Confederation of Arab Magreb Workers (USTMA). Their objectives include greater north-south cooperation, and the defence and promotion of workers' interests in the Barcelona Process.

| 4.10 | Business associations are widespread in all the MPCs, and in general are not subject to as many legal, political or administrative restrictions in performing their representative function. Sector-based employers' organisations are the norm, with cross-sector employers' confederations gradually being set up. In addition to business associations, the important role played in the MPCs by chambers of commerce should be indicated.
  Pluralism is better established among employers' organisation than among trade unions. Organisations in each country may join together in a single business confederation, as in Tunisia, where the UTICA (7) covers all the non-farm economic sectors, while in others a range of organisations exists, as in the case of Morocco, which has three employers' organisations (8). |
| --- | --- |

4.10

Business associations are widespread in all the MPCs, and in general are not subject to as many legal, political or administrative restrictions in performing their representative function. Sector-based employers' organisations are the norm, with cross-sector employers' confederations gradually being set up. In addition to business associations, the important role played in the MPCs by chambers of commerce should be indicated.

Pluralism is better established among employers' organisation than among trade unions. Organisations in each country may join together in a single business confederation, as in Tunisia, where the UTICA (7) covers all the non-farm economic sectors, while in others a range of organisations exists, as in the case of Morocco, which has three employers' organisations (8).

| 4.11 | The business organisations of eleven partner countries (9) (and Malta) together form the Union of Mediterranean Confederations of Enterprises (UMCE), whose headquarters are in Tunisia, and whose objectives include the establishment on consultation on an institutional footing between socio-occupational organisations, and to contribute to setting up a Euro-Mediterranean free trade zone. |
| --- | --- |

4.11

The business organisations of eleven partner countries (9) (and Malta) together form the Union of Mediterranean Confederations of Enterprises (UMCE), whose headquarters are in Tunisia, and whose objectives include the establishment on consultation on an institutional footing between socio-occupational organisations, and to contribute to setting up a Euro-Mediterranean free trade zone.

| 4.12 | The social economy, in its various forms (cooperatives, mutual societies, development associations) gives work to a large sector of the population in the MPCs, and makes a decisive contribution to economic growth and employment, particularly in SMEs and micro-businesses, as well as playing an important part in providing social services. |
| --- | --- |

4.12

The social economy, in its various forms (cooperatives, mutual societies, development associations) gives work to a large sector of the population in the MPCs, and makes a decisive contribution to economic growth and employment, particularly in SMEs and micro-businesses, as well as playing an important part in providing social services.

| 4.13 | Associative activity in the social economy sectors is not, in principle, restricted on political grounds, but is affected by the administrative controls indicated with regard to other groups. Associative activity is particularly widespread in agricultural cooperatives in countries such as Morocco, Palestine, Turkey, Egypt and Israel. |
| --- | --- |

4.13

Associative activity in the social economy sectors is not, in principle, restricted on political grounds, but is affected by the administrative controls indicated with regard to other groups. Associative activity is particularly widespread in agricultural cooperatives in countries such as Morocco, Palestine, Turkey, Egypt and Israel.

| 4.14 | The various interest groups — social and socio-occupational partners, environmental organisations, family associations and consumer organisations, social economy groups, etc. — are striving to play an active role in implementing the partnership and neighbourhood policies, as set out in the EESC's recent information report (10). |
| --- | --- |

4.14

The various interest groups — social and socio-occupational partners, environmental organisations, family associations and consumer organisations, social economy groups, etc. — are striving to play an active role in implementing the partnership and neighbourhood policies, as set out in the EESC's recent information report (10).

| 4.15 | The Euromed Social Economy Network (ESMED) was set up in Madrid in 2000. At present, it brings together organisations from France, Greece, Italy, Portugal, Spain, Morocco and Tunisia. ESMED has contributed to various EESC and Euro-Mediterranean Partnership initiatives and meetings. |
| --- | --- |

4.15

The Euromed Social Economy Network (ESMED) was set up in Madrid in 2000. At present, it brings together organisations from France, Greece, Italy, Portugal, Spain, Morocco and Tunisia. ESMED has contributed to various EESC and Euro-Mediterranean Partnership initiatives and meetings.

| 4.16 | Albeit subject to the same difficulties outlined for other groups, non-governmental organisations and other associations with social aims also play a significant role, particularly in upholding human rights. Their work is also highly visible in carrying forward the objectives of the Barcelona Process. The Euromed Non-Governmental Platform, set up in 2005, comprises numerous networks and NGOs, including the Euro-Mediterranean Human Rights Network. |
| --- | --- |

4.16

Albeit subject to the same difficulties outlined for other groups, non-governmental organisations and other associations with social aims also play a significant role, particularly in upholding human rights. Their work is also highly visible in carrying forward the objectives of the Barcelona Process. The Euromed Non-Governmental Platform, set up in 2005, comprises numerous networks and NGOs, including the Euro-Mediterranean Human Rights Network.

Brussels, 22 April 2008.

The President

of the European Economic and Social Committee

Dimitris DIMITRIADIS

---

(1)  Morocco, Algeria, Tunisia, Egypt, Jordan, Israel, the Palestinian Territories, Lebanon, Syria, Turkey, Mauritania and Albania (Mauritania and Albania have been part of the Barcelona process since December 2007).

1

(2)  REX/233 — CESE 1004/2007.

2

(3)  Istanbul, 14 and 15 December 2006.

3

(4)  Communication from the Commission to the Council and the European Parliament of 12 April 2005Tenth Anniversary of the Euro-Mediterranean Partnership: A work programme to meet the challenges of the next five years, COM(2005) 139 final.

4

Tenth Anniversary of the Euro-Mediterranean Partnership: A work programme to meet the challenges of the next five years

(5)  Arab Human Development Report 2004. UNDP (April 2005).

5

(6)  The question of trade union rights in Turkey is currently being addressed by the EU-Turkey Joint Consultative Committee.

6

(7)  Tunisian Union of Industry, Commerce and Crafts.

7

(8)  The Moroccan Agricultural Union; the General Union of Industry and Commerce and the General Confederation of Moroccan Enterprises.

8

(9)  CGEA-Algeria, OEB-Cyprus, FEI-Egypt, MAI-Israel, JCI-Jordan, ALI-Lebanon, MFOI-Malta, CGEM-Morocco, PFI-Palestine, FSCC-CCI-Syria, UTICA-Tunisia, TUSIAD-TISK-Turkey.

9

(10)  REX/223 — CESE 504/2007, Civil society involvement at local level in the context of the implementation of action plans for the European Neighbourhood Policy and balanced and sustainable development.

10

Civil society involvement at local level in the context of the implementation of action plans for the European Neighbourhood Policy and balanced and sustainable development

---

| 19.8.2008 | EN | Official Journal of the European Union | C 211/82 |
| --- | --- | --- | --- |

19.8.2008

EN

Official Journal of the European Union

C 211/82

---

Opinion of the European Economic and Social Committee on the ‘New trade agreements negotiations — The EESC position’

(2008/C 211/21)

At the plenary session held on 26 September 2007, the European Economic and Social Committee decided, under Rule 29(2) of the Rules of Procedure, to draw up an opinion on

‘New trade agreements negotiations — The EESC position’.

The Section for External Relations, which was responsible for preparing the Committee's work on the subject, adopted its opinion on 1 April 2008. The rapporteur was Mr Peel and the co-rapporteur was Ms Pichenot.

At its 444th plenary session, held on 22 and 23 April 2008 (meeting of 22 April), the European Economic and Social Committee adopted the following opinion by 101 votes to 6 with 7 abstentions.

1.   Conclusions and General Recommendations

| 1.1 | The Committee welcomes the reaffirmation by the Commission of its overall commitment to multilateral trade liberalisation. It recognises that this turn to a bilateral agenda by the EC is predicated on the lack of progress of the multilateral agenda. |
| --- | --- |

1.1

The Committee welcomes the reaffirmation by the Commission of its overall commitment to multilateral trade liberalisation. It recognises that this turn to a bilateral agenda by the EC is predicated on the lack of progress of the multilateral agenda.

| 1.2 | The Committee believes that bilateral agreements must be seen as compatible with and indeed eventually strengthening multilateralism. Eventual gains made bilaterally can stimulate the multilateral process. Our prosperity depends on trade, as the EC states. |
| --- | --- |

1.2

The Committee believes that bilateral agreements must be seen as compatible with and indeed eventually strengthening multilateralism. Eventual gains made bilaterally can stimulate the multilateral process. Our prosperity depends on trade, as the EC states.

| 1.3 | However, the Committee stresses there must be a qualitative change in the approach to this new series of negotiations: simply to try to repeat on the bilateral level the policies which have not succeeded at the multilateral level is insufficient. |
| --- | --- |

1.3

However, the Committee stresses there must be a qualitative change in the approach to this new series of negotiations: simply to try to repeat on the bilateral level the policies which have not succeeded at the multilateral level is insufficient.

| 1.4 | The bilateral approach may allow more respect to regional and national differences than is the case with multilateral agreements which per force follow a broader approach. |
| --- | --- |

1.4

The bilateral approach may allow more respect to regional and national differences than is the case with multilateral agreements which per force follow a broader approach.

| 1.5 | The Committee therefore warmly welcomes the approach from DG Trade seeking the Committee's assistance in covering the EU's new trade agreements negotiations as foreseen in the Commission's ‘Global Europe’ Communication of October 2006. |
| --- | --- |

1.5

The Committee therefore warmly welcomes the approach from DG Trade seeking the Committee's assistance in covering the EU's new trade agreements negotiations as foreseen in the Commission's ‘Global Europe’ Communication of October 2006.

| 1.6 | The Committee reaffirms its fundamental objective to maintain and develop, as a full partner of the European Commission, a significant level of co-operation and responsiveness on behalf of European civil society in our future work with the Commission and other major EU Institutions. |
| --- | --- |

1.6

The Committee reaffirms its fundamental objective to maintain and develop, as a full partner of the European Commission, a significant level of co-operation and responsiveness on behalf of European civil society in our future work with the Commission and other major EU Institutions.

| 1.7 | The Committee welcomes this opportunity to support the Commission's aim to ensure a greater level of monitoring and in the transparency in the negotiations and to extend and develop its involvement with civil society in those other countries and regions of the world involved with the negotiations. |
| --- | --- |

1.7

The Committee welcomes this opportunity to support the Commission's aim to ensure a greater level of monitoring and in the transparency in the negotiations and to extend and develop its involvement with civil society in those other countries and regions of the world involved with the negotiations.

| 1.8 | The Committee believes that in the area of monitoring it has the potential to play an active role because of its structure. The experience of the Committee in particular enables it to identify effective potential partners in other countries. |
| --- | --- |

1.8

The Committee believes that in the area of monitoring it has the potential to play an active role because of its structure. The experience of the Committee in particular enables it to identify effective potential partners in other countries.

| 1.9 | The Committee, whilst noting that in this instance the Commission is seeking comment and cooperation on the proposed negotiations as a whole, also notes the very extensive range of issues and concerns that these negotiations will cover, many of which are alluded to in the body of this Opinion. The Committee therefore strongly recommends that it should look further and in greater depth into a number of these specific issues in separate Opinions in the near future, for example, in relation to Decent Work and market access. |
| --- | --- |

1.9

The Committee, whilst noting that in this instance the Commission is seeking comment and cooperation on the proposed negotiations as a whole, also notes the very extensive range of issues and concerns that these negotiations will cover, many of which are alluded to in the body of this Opinion. The Committee therefore strongly recommends that it should look further and in greater depth into a number of these specific issues in separate Opinions in the near future, for example, in relation to Decent Work and market access.

| 1.10 | The Committee welcomes in particular the re-emergence of social and environmental considerations in the Commission's brief for these negotiations, noting to this end that Sustainable Development includes economic, social and environmental considerations. However, the Committee also notes that many primarily economic-related issues that are raised include civil society considerations, not least those affecting the free movement of people. |
| --- | --- |

1.10

The Committee welcomes in particular the re-emergence of social and environmental considerations in the Commission's brief for these negotiations, noting to this end that Sustainable Development includes economic, social and environmental considerations. However, the Committee also notes that many primarily economic-related issues that are raised include civil society considerations, not least those affecting the free movement of people.

| 1.11 | In this bilateral approach the Committee considers that a basis of fundamental, universal rights enshrined in ILO standards are essential. The Committee also believes such standards must be used to intensify mutually acceptable and practicable definitions of Decent Work. |
| --- | --- |

1.11

In this bilateral approach the Committee considers that a basis of fundamental, universal rights enshrined in ILO standards are essential. The Committee also believes such standards must be used to intensify mutually acceptable and practicable definitions of Decent Work.

2.   Background — the importance of trade

| 2.1 | Trade lies at the very heart of International Relations. Interactions between countries take place at a number of levels, notably through:






  — | geo-political/military interaction, |
| --- | --- | --- |

2.1

Trade lies at the very heart of International Relations. Interactions between countries take place at a number of levels, notably through:

—

geo-political/military interaction,

| — | trade and economic links, |
| --- | --- |

—

trade and economic links,

| — | ‘soft governmental’ bodies: permanent such as the WTO (World Trade Organisation), the United Nations and its agencies, including the ILO (International Labour Organisation), the IMF and the World Bank — and ad hoc, notably on shared environmental/Sustainable Development and Climate Change concerns (Rio, Kyoto), — all arising from global interests shared in common, |
| --- | --- |

—

‘soft governmental’ bodies: permanent such as the WTO (World Trade Organisation), the United Nations and its agencies, including the ILO (International Labour Organisation), the IMF and the World Bank — and ad hoc, notably on shared environmental/Sustainable Development and Climate Change concerns (Rio, Kyoto), — all arising from global interests shared in common,

| — | sport, cultural and/or historic ties, and |
| --- | --- |

—

sport, cultural and/or historic ties, and

| — | Civil Society contacts — of particular importance to this Committee. |
| --- | --- |

—

Civil Society contacts — of particular importance to this Committee.

Of these, trade offers the most effective, deepest and most enduring means of building contact between countries and global regions, from which other contacts and ties will most readily grow.

| 2.2 | Indeed international trade and investment are the key drivers of European economic growth and of the external dimension of EU competitiveness. As the Commission ‘Global Europe’ Communication states, ‘our prosperity depends on trade’. Of Importance too is that the Commission has full competency in trade matters — whereas in many other areas of international relations it can only have political aspirations. The accountability of the Commission here however remains an issue of concern and will need to continue to be monitored as these negotiations progress. |
| --- | --- |

2.2

Indeed international trade and investment are the key drivers of European economic growth and of the external dimension of EU competitiveness. As the Commission ‘Global Europe’ Communication states, ‘our prosperity depends on trade’. Of Importance too is that the Commission has full competency in trade matters — whereas in many other areas of international relations it can only have political aspirations. The accountability of the Commission here however remains an issue of concern and will need to continue to be monitored as these negotiations progress.

| 2.3 | The encouragement of trade, lower tariffs and the removal of other trade and investment barriers, is seen by many to be of critical importance in achieving widespread acceptance of the more positive and beneficial aspects of globalisation. The major emerging economic powers like China, Brazil and India — all included in the Commission's new strategy — are adopting less restrictive trading practices, a key sign of how the pace of globalisation is growing exponentially. Increased economic ties — through increased trade — enables cultural, and most importantly for the EESC, contacts at civil society level to be strengthened considerably. Many believe these ties will also promote and encourage the acceptance and development of best practice in environmental improvement and the promotion of Sustainable Development as well as the development of higher social and employment standards. This is not yet a certain outcome — the Committee believes that it will need careful monitoring through the direct involvement of civil society. |
| --- | --- |

2.3

The encouragement of trade, lower tariffs and the removal of other trade and investment barriers, is seen by many to be of critical importance in achieving widespread acceptance of the more positive and beneficial aspects of globalisation. The major emerging economic powers like China, Brazil and India — all included in the Commission's new strategy — are adopting less restrictive trading practices, a key sign of how the pace of globalisation is growing exponentially. Increased economic ties — through increased trade — enables cultural, and most importantly for the EESC, contacts at civil society level to be strengthened considerably. Many believe these ties will also promote and encourage the acceptance and development of best practice in environmental improvement and the promotion of Sustainable Development as well as the development of higher social and employment standards. This is not yet a certain outcome — the Committee believes that it will need careful monitoring through the direct involvement of civil society.

| 2.4 | The Committee attaches key importance to the role of civil society in the implementation and follow-up mechanisms for those facets of the agreements that relate to sustainable development. We recognise the advantage to be gained by cooperation-based dialogue in fostering an atmosphere of confidence among the partners as this is the only way to address the sensitive issues involved. |
| --- | --- |

2.4

The Committee attaches key importance to the role of civil society in the implementation and follow-up mechanisms for those facets of the agreements that relate to sustainable development. We recognise the advantage to be gained by cooperation-based dialogue in fostering an atmosphere of confidence among the partners as this is the only way to address the sensitive issues involved.

| 2.5 | We welcome the inclusion of the important guideline in the negotiating mandate for the new agreements which specifies that these must seek to promote respect for sustainable development (especially social and environmental standards). The mandate should be seen against a backdrop of major global issues: climate change, the Millennium Goals, poverty reduction, decent work and health standards (notably food). |
| --- | --- |

2.5

We welcome the inclusion of the important guideline in the negotiating mandate for the new agreements which specifies that these must seek to promote respect for sustainable development (especially social and environmental standards). The mandate should be seen against a backdrop of major global issues: climate change, the Millennium Goals, poverty reduction, decent work and health standards (notably food).

| 2.6 | The Committee would recommend relaunching the debate within civil society on the collective preferences underpinning the European model of the social market economy. In the bilateral negotiations, Europe must make it clear that it stands by its collective preferences on social matters and in the areas of food safety and the environment. This view is confirmed in the Commission communication of October 2007: ‘The EU needs to ensure that third countries offer proportionate levels of openness to EU exporters and investors and to have ground rules which do not impinge on our capacity to protect our interests and to safeguard our high product standards relating to health, safety, the environment and consumer protection’. |
| --- | --- |

2.6

The Committee would recommend relaunching the debate within civil society on the collective preferences underpinning the European model of the social market economy. In the bilateral negotiations, Europe must make it clear that it stands by its collective preferences on social matters and in the areas of food safety and the environment. This view is confirmed in the Commission communication of October 2007: ‘The EU needs to ensure that third countries offer proportionate levels of openness to EU exporters and investors and to have ground rules which do not impinge on our capacity to protect our interests and to safeguard our high product standards relating to health, safety, the environment and consumer protection’.

| 2.7 | The Commission has announced that it will soon be putting new ideas on the table to address these key challenges, based on the EU's commitment to opening up markets and ensuring fair competition. The Committee therefore feels it a matter of some urgency to press ahead with these bilateral agreements in the pursuance of a threefold policy objective — protection, fairness and reciprocity — so that a new generation of agreements can emerge. |
| --- | --- |

2.7

The Commission has announced that it will soon be putting new ideas on the table to address these key challenges, based on the EU's commitment to opening up markets and ensuring fair competition. The Committee therefore feels it a matter of some urgency to press ahead with these bilateral agreements in the pursuance of a threefold policy objective — protection, fairness and reciprocity — so that a new generation of agreements can emerge.

3.   The Commission ‘Global Europe’ Communication — A major change in EU Trade Policy

| 3.1 | The approval by the Council of Ministers in April 2007 of the Commission Communication ‘Global Europe competing in the world’ is a highly significant event globally. The EU is one of the largest world trading partners, accounting for a 26 % share in world trade in services and a 17,5 % share in goods (EU25 — 2005 EC figures). Whilst reaffirming the EU's commitment to multilateralism, this Commission strategy promotes a new generation of bilateral and regional trade agreements as well as targeting the elimination of non-tariff and regulatory barriers. |
| --- | --- |

3.1

The approval by the Council of Ministers in April 2007 of the Commission Communication ‘Global Europe competing in the world’ is a highly significant event globally. The EU is one of the largest world trading partners, accounting for a 26 % share in world trade in services and a 17,5 % share in goods (EU25 — 2005 EC figures). Whilst reaffirming the EU's commitment to multilateralism, this Commission strategy promotes a new generation of bilateral and regional trade agreements as well as targeting the elimination of non-tariff and regulatory barriers.

| 3.2 | This new framework is clearly the result of the lack of practical progress in the Doha Development Round. As such it is to be welcomed as a statement of intent to pursue the liberalising agenda. The Commission is correct to stress this is not in place of multilateralism but as a commitment to keeping momentum going. The Committee welcomes this. The conclusion of the Doha Round remains a strategic political necessity. |
| --- | --- |

3.2

This new framework is clearly the result of the lack of practical progress in the Doha Development Round. As such it is to be welcomed as a statement of intent to pursue the liberalising agenda. The Commission is correct to stress this is not in place of multilateralism but as a commitment to keeping momentum going. The Committee welcomes this. The conclusion of the Doha Round remains a strategic political necessity.

| 3.3 | This Communication nevertheless represents a major change of direction in EU trade policy, the first since 1999. Nevertheless the Committee has already welcomed (1) the Communication, not least for its reaffirmation of the Commission's commitment to the development of trade and the EU's attachment to multilateralism. |
| --- | --- |

3.3

This Communication nevertheless represents a major change of direction in EU trade policy, the first since 1999. Nevertheless the Committee has already welcomed (1) the Communication, not least for its reaffirmation of the Commission's commitment to the development of trade and the EU's attachment to multilateralism.

| 3.4 | It is important that the bilateral agreements do not thwart multilateralism. They should therefore be confined to providing support for the multilateral approach and must be seen as compatible with, and indeed eventually strengthening multilateralism. Indeed, the Committee considers that eventual gains made bilaterally can stimulate the multilateral process as a result of the more in-depth discussions and the closer alignment of positions brought about by bilateral approaches. |
| --- | --- |

3.4

It is important that the bilateral agreements do not thwart multilateralism. They should therefore be confined to providing support for the multilateral approach and must be seen as compatible with, and indeed eventually strengthening multilateralism. Indeed, the Committee considers that eventual gains made bilaterally can stimulate the multilateral process as a result of the more in-depth discussions and the closer alignment of positions brought about by bilateral approaches.

| 3.5 | We note that the complexities here have been very clearly set out by Professor Patrick Messerlin (2). Human resources are so scarce in some small states and regional configurations that multilateral or bilateral is a stark and critical choice. |
| --- | --- |

3.5

We note that the complexities here have been very clearly set out by Professor Patrick Messerlin (2). Human resources are so scarce in some small states and regional configurations that multilateral or bilateral is a stark and critical choice.

| 3.6 | It is essential, therefore, that the Commission negotiates FTAs that can be shown to provide real added value. The bilateral approach may allow more respect to regional and national differences in approach than is the case with multilateral agreements which per force follow a broader approach. In this regard we note too the clear, renewed emphasis on the three outstanding ‘Singapore Issues’, namely competition, investment and public procurement, which the Commission now intends to pursue through the proposed FTA negotiations, despite these issues being dropped by the EU from the DDA negotiations at Cancún. |
| --- | --- |

3.6

It is essential, therefore, that the Commission negotiates FTAs that can be shown to provide real added value. The bilateral approach may allow more respect to regional and national differences in approach than is the case with multilateral agreements which per force follow a broader approach. In this regard we note too the clear, renewed emphasis on the three outstanding ‘Singapore Issues’, namely competition, investment and public procurement, which the Commission now intends to pursue through the proposed FTA negotiations, despite these issues being dropped by the EU from the DDA negotiations at Cancún.

| 3.7 | However, the Committee stresses there must be a qualitative change in the approach to this new series of negotiations: simply to try to repeat on the bilateral level the policies which have not succeeded at the multilateral level is insufficient. |
| --- | --- |

3.7

However, the Committee stresses there must be a qualitative change in the approach to this new series of negotiations: simply to try to repeat on the bilateral level the policies which have not succeeded at the multilateral level is insufficient.

| 3.8 | The EU must equally appreciate that in each case the negotiating partner will want to proceed at a pace and manner in keeping with their own traditions. There are wide differences in approach between Europe and Asia in many areas, which need to be respected. Within the ASEAN members in particular there are other wide differences, notably in levels of development. The EU cannot extend its standards without negotiation. |
| --- | --- |

3.8

The EU must equally appreciate that in each case the negotiating partner will want to proceed at a pace and manner in keeping with their own traditions. There are wide differences in approach between Europe and Asia in many areas, which need to be respected. Within the ASEAN members in particular there are other wide differences, notably in levels of development. The EU cannot extend its standards without negotiation.

4.   General recommendations for future FTAs

| 4.1 | The Commission has set out both a series of key FTA and other trade negotiations that it wishes to promote, together with a series of key negotiating areas, including technical and non tariff barriers and the ‘Singapore Issues’, by means of which it aims to develop and strengthen its ‘competitiveness agenda’ for trade policy. Negotiations should be as broad as possible but outright contradictions and incompatible standards between agreements must be avoided at all costs. The Committee will look for clear guidelines to be followed in both the foreseen FTAs and other negotiations that are likely to follow in the following areas. |
| --- | --- |

4.1

The Commission has set out both a series of key FTA and other trade negotiations that it wishes to promote, together with a series of key negotiating areas, including technical and non tariff barriers and the ‘Singapore Issues’, by means of which it aims to develop and strengthen its ‘competitiveness agenda’ for trade policy. Negotiations should be as broad as possible but outright contradictions and incompatible standards between agreements must be avoided at all costs. The Committee will look for clear guidelines to be followed in both the foreseen FTAs and other negotiations that are likely to follow in the following areas.

| 4.2 | Technical barriers to trade
  : in many countries these now constitute a greater impediment to trade creation and economic growth and pose more barriers to market access than those provided by tariffs (not least as so many individual developing countries have unilaterally reduced tariffs to develop trade and investment). In this regard, standards, particularly in the field of human, animal and plant health are regularly a major point of contention, especially as the EU maintains some of the highest standards in the world — often perceived by others as ‘back-door’ protectionism. The EU must be prepared to intensify the training and wider capacity building already available and otherwise build on the success of its existing Trade Related Technical Assistance (TRTA) programmes. |
| --- | --- |

4.2

Technical barriers to trade
  : in many countries these now constitute a greater impediment to trade creation and economic growth and pose more barriers to market access than those provided by tariffs (not least as so many individual developing countries have unilaterally reduced tariffs to develop trade and investment). In this regard, standards, particularly in the field of human, animal and plant health are regularly a major point of contention, especially as the EU maintains some of the highest standards in the world — often perceived by others as ‘back-door’ protectionism. The EU must be prepared to intensify the training and wider capacity building already available and otherwise build on the success of its existing Trade Related Technical Assistance (TRTA) programmes.

| 4.3 | Tariff barriers
  will be a key issue in each of the three key negotiations, with Korea, India and ASEAN. India in particular has some very high tariffs, backed by further duties, notably the Additional Duty and the Extra Additional Duty, with an aggregate tariff as high as 550 % for certain products. Lack of harmonisation is a problem among ASEAN countries, where a wide range of differing tariff levels are applied, as well as discriminatory excise tax systems (3). |
| --- | --- |

4.3

Tariff barriers
  will be a key issue in each of the three key negotiations, with Korea, India and ASEAN. India in particular has some very high tariffs, backed by further duties, notably the Additional Duty and the Extra Additional Duty, with an aggregate tariff as high as 550 % for certain products. Lack of harmonisation is a problem among ASEAN countries, where a wide range of differing tariff levels are applied, as well as discriminatory excise tax systems (3).

| 4.4 | Negotiating the removal of as many
  non tariff barriers (NTBs)
  as possible will be high on agendas, although here the underlying problems will be as a result of overgrown bureaucracies, stifling levels of local regulation, lack of alternative employment for superfluous officials and even possibly corruption. The WTO estimates, for example, that 93 % of imports into India face NTBs of some kind, compared with just 22 % for Brazil (4). NTBs are also high in ASEAN countries, but here their extent also varies widely as well (for example affecting 31 % of imports into Indonesia, compared with just 2 % for Singapore). For Korea the figure is 25 %. |
| --- | --- |

4.4

Negotiating the removal of as many
  non tariff barriers (NTBs)
  as possible will be high on agendas, although here the underlying problems will be as a result of overgrown bureaucracies, stifling levels of local regulation, lack of alternative employment for superfluous officials and even possibly corruption. The WTO estimates, for example, that 93 % of imports into India face NTBs of some kind, compared with just 22 % for Brazil (4). NTBs are also high in ASEAN countries, but here their extent also varies widely as well (for example affecting 31 % of imports into Indonesia, compared with just 2 % for Singapore). For Korea the figure is 25 %.

| 4.5 | Economic criteria must be paramount
  — current and future markets must be a fundamental driver in determining future FTAs. |
| --- | --- |

4.5

Economic criteria must be paramount
  — current and future markets must be a fundamental driver in determining future FTAs.

| 4.6 | Substantially
  all goods and services
  must be included ai.e. at least 90 % of trade: GATT Article XXIV specifies that ‘restrictions shall be “eliminated” between members of an FTA’. Some exceptions will need to be made, especially where subsistence levels of agriculture may be involved. This restriction cannot apply however in the area of
  services
  , where optimal inclusion will be critical. Huge potential gains for each negotiating party — possibly the most quantifiable in trade terms — are at stake here. Free movement of capital and finance will of course be of key importance here if all parties are to gain maximum benefit. However major problems arise particularly over the movement of people, notably in ‘Modes’ 3 and 4. To resolve these successfully will be especially challenging, notably the granting of more open access to individual Member States for qualified professionals from each trade partner in turn. Civil society will want to monitor developments, and implementation, in this area very closely. It is appreciated that for all sides some sectors are more sensitive than others, but agreements contradictory or incompatible with any of the others reached must be avoided at all costs. Nevertheless the Committee endorses the intention of the Commission to work from a positive list, as per the DDA negotiations, as opposed to the negative list approach adopted by the United States. |
| --- | --- |

4.6

Substantially
  all goods and services
  must be included ai.e. at least 90 % of trade: GATT Article XXIV specifies that ‘restrictions shall be “eliminated” between members of an FTA’. Some exceptions will need to be made, especially where subsistence levels of agriculture may be involved. This restriction cannot apply however in the area of
  services
  , where optimal inclusion will be critical. Huge potential gains for each negotiating party — possibly the most quantifiable in trade terms — are at stake here. Free movement of capital and finance will of course be of key importance here if all parties are to gain maximum benefit. However major problems arise particularly over the movement of people, notably in ‘Modes’ 3 and 4. To resolve these successfully will be especially challenging, notably the granting of more open access to individual Member States for qualified professionals from each trade partner in turn. Civil society will want to monitor developments, and implementation, in this area very closely. It is appreciated that for all sides some sectors are more sensitive than others, but agreements contradictory or incompatible with any of the others reached must be avoided at all costs. Nevertheless the Committee endorses the intention of the Commission to work from a positive list, as per the DDA negotiations, as opposed to the negative list approach adopted by the United States.

| 4.7 | The EU should promote the
  international dimension of the Internal Market
  , not least to encourage increased economic integration wherever this would be beneficial, such as in accounting standards, not least to ensure a level playing field. |
| --- | --- |

4.7

The EU should promote the
  international dimension of the Internal Market
  , not least to encourage increased economic integration wherever this would be beneficial, such as in accounting standards, not least to ensure a level playing field.

| 4.8 | All FTAs will require both
  safeguard clauses and a dispute settlement mechanism
  and some social agenda monitoring process. The Committee recommends that a mechanism for the rapid settlement of non-tariff disputes be put in place. This would be a bilateral mechanism designed to offer conciliation through a flexible apparatus along the lines of the European Union's experience with the internal ‘Solvit’ network. The EESC has already addressed the question of the monitoring of such a social agenda in the context of bilateral agreements and has suggested the establishing of ‘joint bilateral observatories’ (5). |
| --- | --- |

4.8

All FTAs will require both
  safeguard clauses and a dispute settlement mechanism
  and some social agenda monitoring process. The Committee recommends that a mechanism for the rapid settlement of non-tariff disputes be put in place. This would be a bilateral mechanism designed to offer conciliation through a flexible apparatus along the lines of the European Union's experience with the internal ‘Solvit’ network. The EESC has already addressed the question of the monitoring of such a social agenda in the context of bilateral agreements and has suggested the establishing of ‘joint bilateral observatories’ (5).

5.   Recommendations for future trade agreements: the social and environmental aspects (6)

| 5.1 | The Committee particularly welcomes that the Communication spells out the importance of Social Justice, stating that ‘we must also recognise the potentially disruptive impacts of market opening for some regions and workers, particularly the less qualified’. It emphasises too the underlying threat of climate change and singles out energy and biodiversity in this context. |
| --- | --- |

5.1

The Committee particularly welcomes that the Communication spells out the importance of Social Justice, stating that ‘we must also recognise the potentially disruptive impacts of market opening for some regions and workers, particularly the less qualified’. It emphasises too the underlying threat of climate change and singles out energy and biodiversity in this context.

| 5.2 | In the Uruguay Round the EU Commission supported a social clause for world trade but such a step was abandoned not least because of opposition from the developing world which saw such conditionality as having a potential for disguised protectionism. |
| --- | --- |

5.2

In the Uruguay Round the EU Commission supported a social clause for world trade but such a step was abandoned not least because of opposition from the developing world which saw such conditionality as having a potential for disguised protectionism.

| 5.3 | Concern in the EU has persisted however about ‘social dumping’ — using artificially low wages and social on-costs to provide ‘unfair’ competition. The EESC (7) in particular takes the view that free zones, which exist in the countries with which bilateral negotiations are under way, must in no case operate outside the limits set by national legislation (on social and environmental issues). They represent real cases of social and environmental dumping. The negotiated agreements must ensure that no business, by means of sub-contracting, can set objectives at a lower level than national legislation or fundamental ILO conventions. |
| --- | --- |

5.3

Concern in the EU has persisted however about ‘social dumping’ — using artificially low wages and social on-costs to provide ‘unfair’ competition. The EESC (7) in particular takes the view that free zones, which exist in the countries with which bilateral negotiations are under way, must in no case operate outside the limits set by national legislation (on social and environmental issues). They represent real cases of social and environmental dumping. The negotiated agreements must ensure that no business, by means of sub-contracting, can set objectives at a lower level than national legislation or fundamental ILO conventions.

| 5.4 | All bilateral negotiations must be based on the framework provided by the principal international undertakings: the 1998 ILO declaration, the 2005 Sustainable Development Summit, and commitments entered into under the Millennium Development Goals concerning poverty reduction, and the 2006 ministerial declaration on decent work. |
| --- | --- |

5.4

All bilateral negotiations must be based on the framework provided by the principal international undertakings: the 1998 ILO declaration, the 2005 Sustainable Development Summit, and commitments entered into under the Millennium Development Goals concerning poverty reduction, and the 2006 ministerial declaration on decent work.

| 5.5 | Despite the sensitivities and lack of progress in pursuing this social agenda multilaterally through the WTO, the Committee urges the Commission to consider how it can be pursued bilaterally. Indeed as already stated a bilateral approach may be more fruitful in achieving the Commission's goal for it ensures the dialogue can more fully and directly addressed with due respect to differences in development. |
| --- | --- |

5.5

Despite the sensitivities and lack of progress in pursuing this social agenda multilaterally through the WTO, the Committee urges the Commission to consider how it can be pursued bilaterally. Indeed as already stated a bilateral approach may be more fruitful in achieving the Commission's goal for it ensures the dialogue can more fully and directly addressed with due respect to differences in development.

| 5.6 | More and more European citizens are asking questions about Europe's globalised future. For its part, the Commission is seeking to define the ‘European interest’, as illustrated by the December 2007 summary report on the Lisbon Strategy. The Commission emphasises the external dimension (8): it notes that it is becoming increasingly necessary to ensure that equal conditions exist at international level.
  In order to strengthen the external dimension of the Lisbon Strategy, combining the defence and the legitimate opening up of the European interest, the Commission has agreed that dialogue with third countries be stepped up and rationalised, placing a clearer emphasis on questions of mutual interest, such as market access, regulatory convergence, migration and climate change. Each year, it will adopt a single report on access, naming those countries and sectors where major obstacles continue to exist. The Committee wishes to see civil society in Europe and our negotiating partners involved. This should restore visibility and coherence to the Union's policies on trade, external relations and development aid. |
| --- | --- |

5.6

More and more European citizens are asking questions about Europe's globalised future. For its part, the Commission is seeking to define the ‘European interest’, as illustrated by the December 2007 summary report on the Lisbon Strategy. The Commission emphasises the external dimension (8): it notes that it is becoming increasingly necessary to ensure that equal conditions exist at international level.

In order to strengthen the external dimension of the Lisbon Strategy, combining the defence and the legitimate opening up of the European interest, the Commission has agreed that dialogue with third countries be stepped up and rationalised, placing a clearer emphasis on questions of mutual interest, such as market access, regulatory convergence, migration and climate change. Each year, it will adopt a single report on access, naming those countries and sectors where major obstacles continue to exist. The Committee wishes to see civil society in Europe and our negotiating partners involved. This should restore visibility and coherence to the Union's policies on trade, external relations and development aid.

| 5.7 | For the immediate present and with regard to the trade negotiations under way, the Committee considers that a foundation for the sustainable development chapter (social, environmental, human rights and governance aspects) is provided by the 27 conventions already listed (9) by the current GSP Plus system. The aim is make this a common reference point. The ratification, implementation and monitoring of these 27 international conventions should represent the minimum threshold for discussing the sustainable development chapter in the negotiations opened with the Asian countries (10). |
| --- | --- |

5.7

For the immediate present and with regard to the trade negotiations under way, the Committee considers that a foundation for the sustainable development chapter (social, environmental, human rights and governance aspects) is provided by the 27 conventions already listed (9) by the current GSP Plus system. The aim is make this a common reference point. The ratification, implementation and monitoring of these 27 international conventions should represent the minimum threshold for discussing the sustainable development chapter in the negotiations opened with the Asian countries (10).

| 5.8 | In the light of the varying levels of development in the Asian countries concerned, and their institutional capacity for effective implementation, the Committee recommends that this condition be evaluated on a case-by-case basis, and recommends financial support in line with the distance each country must cover in order to catch up. At the same time, this foundation is only a starting point, which can be fleshed out by stronger commitments for the more developed countries, such as South Korea. |
| --- | --- |

5.8

In the light of the varying levels of development in the Asian countries concerned, and their institutional capacity for effective implementation, the Committee recommends that this condition be evaluated on a case-by-case basis, and recommends financial support in line with the distance each country must cover in order to catch up. At the same time, this foundation is only a starting point, which can be fleshed out by stronger commitments for the more developed countries, such as South Korea.

| 5.9 | To this end, free trade agreements must be backed up by cooperation agreements offering substantial financial assistance in order to catch up with international standards. This level of financial commitment will have a strong influence on the strictness of requirements, particularly in the environmental sphere. Technical assistance will be all the more effective if it is linked to the results flowing from the implementation of certain conventions. By granting funding, the monitoring of commitments can serve as a spur to social progress. |
| --- | --- |

5.9

To this end, free trade agreements must be backed up by cooperation agreements offering substantial financial assistance in order to catch up with international standards. This level of financial commitment will have a strong influence on the strictness of requirements, particularly in the environmental sphere. Technical assistance will be all the more effective if it is linked to the results flowing from the implementation of certain conventions. By granting funding, the monitoring of commitments can serve as a spur to social progress.

| 5.10 | Technical assistance will also focus on establishing or strengthening local or regional bodies to supervise implementation (e.g. labour inspections, agency for the use of pesticides, etc.). The Committee places particular emphasis on the need to place bilateral monitoring mechanisms in the hands of local or regional bodies with the capacity to effectively monitor producers throughout the territory in question and to impose sanctions in the event of infringement. Real access to public procurement also entails greater involvement of territorial authorities in monitoring and implementation. |
| --- | --- |

5.10

Technical assistance will also focus on establishing or strengthening local or regional bodies to supervise implementation (e.g. labour inspections, agency for the use of pesticides, etc.). The Committee places particular emphasis on the need to place bilateral monitoring mechanisms in the hands of local or regional bodies with the capacity to effectively monitor producers throughout the territory in question and to impose sanctions in the event of infringement. Real access to public procurement also entails greater involvement of territorial authorities in monitoring and implementation.

| 5.11 | The Committee calls for impact assessments for each country in the social and environmental fields to be available from the initial stages of negotiation, to provide negotiators with an objective overall picture of the chances of, and difficulties in, establishing a realistic commitment with any given country. It is preferable to slow down the negotiation process in order to guarantee a sound result, taking account of the impact assessments currently underway, which will enable civil society to judge developments with complete transparency, and to evaluate the financial assistance required to attain the best social or environmental objectives. |
| --- | --- |

5.11

The Committee calls for impact assessments for each country in the social and environmental fields to be available from the initial stages of negotiation, to provide negotiators with an objective overall picture of the chances of, and difficulties in, establishing a realistic commitment with any given country. It is preferable to slow down the negotiation process in order to guarantee a sound result, taking account of the impact assessments currently underway, which will enable civil society to judge developments with complete transparency, and to evaluate the financial assistance required to attain the best social or environmental objectives.

| 5.12 | For many countries lowering customs tariffs means the loss of revenue which is used to finance public services. This complex issue deserves further investigation. Free trade agreements should therefore not include any proposals or measures which might directly or indirectly impede the operation of public services. |
| --- | --- |

5.12

For many countries lowering customs tariffs means the loss of revenue which is used to finance public services. This complex issue deserves further investigation. Free trade agreements should therefore not include any proposals or measures which might directly or indirectly impede the operation of public services.

6.   A dynamic approach to decent work in the Union's trade agreements

| 6.1 | The Committee believes that decent work, as defined by the ILO, must become a priority benchmark in trade at European and global level. It is a concept that is recognised internationally by employers, states and workers. The guarantee of decent work — including employment, compliance with workplace rights, social dialogue and social protection — is crucial to reducing poverty and bringing about global progress (11). |
| --- | --- |

6.1

The Committee believes that decent work, as defined by the ILO, must become a priority benchmark in trade at European and global level. It is a concept that is recognised internationally by employers, states and workers. The guarantee of decent work — including employment, compliance with workplace rights, social dialogue and social protection — is crucial to reducing poverty and bringing about global progress (11).

| 6.2 | Free trade agreement monitoring committees must provide backing for existing dialogue procedures, especially when a partnership or association agreement has set up a structure for dialogue on ‘employment and social affairs’. |
| --- | --- |

6.2

Free trade agreement monitoring committees must provide backing for existing dialogue procedures, especially when a partnership or association agreement has set up a structure for dialogue on ‘employment and social affairs’.

| 6.3 | The Committee considers that progress on social standards should form a part of the sustainable development approach set out in the mandate. It was agreed in 1996, that the joint work of the ILO and the WTO needed to be strengthened. In 2007, this resulted in a joint report on trade and employment, and is due to continue in the form of a study on the ‘informal’ sector. The Committee recommends that the EU take account of ILO regional-level interventions in assessing the impact of trade integration on decent employment and on how policies on employment, social protection and labour standards are framed. It wishes to alert negotiators to the importance of defining indicators that are compatible with the decent work agenda. |
| --- | --- |

6.3

The Committee considers that progress on social standards should form a part of the sustainable development approach set out in the mandate. It was agreed in 1996, that the joint work of the ILO and the WTO needed to be strengthened. In 2007, this resulted in a joint report on trade and employment, and is due to continue in the form of a study on the ‘informal’ sector. The Committee recommends that the EU take account of ILO regional-level interventions in assessing the impact of trade integration on decent employment and on how policies on employment, social protection and labour standards are framed. It wishes to alert negotiators to the importance of defining indicators that are compatible with the decent work agenda.

| 6.4 | At the current stage in the negotiations, the Committee judges it essential that the eight basic conventions be ratified (12) and properly implemented (subject to verification by a joint WTO/ILO working group), calls for the other four priority conventions on health and safety and labour inspections to be taken into account, and urges that the largest possible number of conventions relevant to the countries concerned be ratified, subject to the principle of differentiation. |
| --- | --- |

6.4

At the current stage in the negotiations, the Committee judges it essential that the eight basic conventions be ratified (12) and properly implemented (subject to verification by a joint WTO/ILO working group), calls for the other four priority conventions on health and safety and labour inspections to be taken into account, and urges that the largest possible number of conventions relevant to the countries concerned be ratified, subject to the principle of differentiation.

| 6.5 | The Committee recommends that the negotiation of new trade agreements be accompanied by the introduction of national decent work programmes. It urges the relevant Asian countries to call for ILO assistance in carrying out a three-fold diagnosis, and to facilitate the recognition of this plan by all the international institutions. The Committee would like to see the bilateral negotiations issue included in the follow-up communication on decent work planned for 2008. |
| --- | --- |

6.5

The Committee recommends that the negotiation of new trade agreements be accompanied by the introduction of national decent work programmes. It urges the relevant Asian countries to call for ILO assistance in carrying out a three-fold diagnosis, and to facilitate the recognition of this plan by all the international institutions. The Committee would like to see the bilateral negotiations issue included in the follow-up communication on decent work planned for 2008.

| 6.6 | The Committee calls on the EU and the Member States to provide financial support and donations at the subsequent monitoring stage of the agreements, to help implement national decent work plans. In its annual country reports, the EU should pay special attention to the exercise of trade union rights and to the recommendations of the ILO's labour standards committee. |
| --- | --- |

6.6

The Committee calls on the EU and the Member States to provide financial support and donations at the subsequent monitoring stage of the agreements, to help implement national decent work plans. In its annual country reports, the EU should pay special attention to the exercise of trade union rights and to the recommendations of the ILO's labour standards committee.

| 6.7 | Regarding the monitoring mechanism, the Committee considers that a contribution to the impact analyses should be sought from regional- and local-level social partners. It recommends that sector-based structures be introduced in order to carefully analyse the specific difficulties encountered by each sector. |
| --- | --- |

6.7

Regarding the monitoring mechanism, the Committee considers that a contribution to the impact analyses should be sought from regional- and local-level social partners. It recommends that sector-based structures be introduced in order to carefully analyse the specific difficulties encountered by each sector.

7.   Intellectual Property Rights (IPR) — and enforcement

| 7.1 | The Committee welcomes the emphasis in the Communication on strengthening IPR provisions in the ways that are outlined, including in particular offering support to SMEs and others trading with the emerging economies. Developing the EU's strategy for protecting intellectual property rights and strengthening enforcement activity is essential if the EU is to meet its aim to reduce IPR violations and the production and export of fake goods. Enforcement is key here. The TRIPs agreement must be fully implemented by FTA partners, thus a primary objective for the EU in concluding these FTAs should be to obtain solid commitments for concrete enforcement of existing IPR legislation together with sufficient control and measurement of results achieved, rather than aim for entirely new agreements. Europe's Research and Development capacity and capabilities, so rightly emphasised in the Lisbon Strategy, will be a significant factor in maintaining EU competitiveness in a world where strong economic challenge will increasingly come from outside Europe. |
| --- | --- |

7.1

The Committee welcomes the emphasis in the Communication on strengthening IPR provisions in the ways that are outlined, including in particular offering support to SMEs and others trading with the emerging economies. Developing the EU's strategy for protecting intellectual property rights and strengthening enforcement activity is essential if the EU is to meet its aim to reduce IPR violations and the production and export of fake goods. Enforcement is key here. The TRIPs agreement must be fully implemented by FTA partners, thus a primary objective for the EU in concluding these FTAs should be to obtain solid commitments for concrete enforcement of existing IPR legislation together with sufficient control and measurement of results achieved, rather than aim for entirely new agreements. Europe's Research and Development capacity and capabilities, so rightly emphasised in the Lisbon Strategy, will be a significant factor in maintaining EU competitiveness in a world where strong economic challenge will increasingly come from outside Europe.

| 7.2 | In combating counterfeiting, the Committee urges the negotiators — especially with India — to discuss measures to protect consumers from the risks associated with counterfeiting. Follow-up to the agreement should include a joint EU-India committee on counterfeiting (as is the case with China) (13). |
| --- | --- |

7.2

In combating counterfeiting, the Committee urges the negotiators — especially with India — to discuss measures to protect consumers from the risks associated with counterfeiting. Follow-up to the agreement should include a joint EU-India committee on counterfeiting (as is the case with China) (13).

| 7.3 | Given that India is involved in the Heiligendamm process (launched in June 2007) between the G8 and the five emerging countries to create a structured dialogue on promoting innovation and protecting intellectual property rights, for civil society, it would be helpful for the bilateral negotiations to take account of the monitoring of this process. |
| --- | --- |

7.3

Given that India is involved in the Heiligendamm process (launched in June 2007) between the G8 and the five emerging countries to create a structured dialogue on promoting innovation and protecting intellectual property rights, for civil society, it would be helpful for the bilateral negotiations to take account of the monitoring of this process.

8.   Rules of Origin

| 8.1 | Cumulation of origin between EU's FTA partners should be allowed, and rules of origin should be harmonised to facilitate trade with our FTA partners. Lack of cumulation, and differences in rules of origin for multilateral trade (‘non-preferential rules’) and for free trade areas (‘preferential rules’), make it difficult for economic operators to take full advantage of the lower tariffs of FTAs. Many European importers today pay the full non-preferential duty rather than the lower FTA duty to avoid potential penalties for accepting certificates of origin of uncertain accuracy. In such cases FTAs fail to fulfil their purpose to expand trade. |
| --- | --- |

8.1

Cumulation of origin between EU's FTA partners should be allowed, and rules of origin should be harmonised to facilitate trade with our FTA partners. Lack of cumulation, and differences in rules of origin for multilateral trade (‘non-preferential rules’) and for free trade areas (‘preferential rules’), make it difficult for economic operators to take full advantage of the lower tariffs of FTAs. Many European importers today pay the full non-preferential duty rather than the lower FTA duty to avoid potential penalties for accepting certificates of origin of uncertain accuracy. In such cases FTAs fail to fulfil their purpose to expand trade.

9.   Government procurement markets, investment and competition rules abroad

| 9.1 | Despite our concerns with regard to the DDA and the timeliness of reintroducing the ‘Singapore Issues’, the Committee welcomes the Commission's detailed proposals with respect to opening up public (increasingly described as government) procurement markets abroad, investment and competition and state aid rules, given the restrictive practices found in these areas with many of the EU's leading trade partners. As already stated, FTAs to be worthwhile must be seen to add value. |
| --- | --- |

9.1

Despite our concerns with regard to the DDA and the timeliness of reintroducing the ‘Singapore Issues’, the Committee welcomes the Commission's detailed proposals with respect to opening up public (increasingly described as government) procurement markets abroad, investment and competition and state aid rules, given the restrictive practices found in these areas with many of the EU's leading trade partners. As already stated, FTAs to be worthwhile must be seen to add value.

| 9.2 | The Committee notes the existence of the WTO working party in government procurement which allows like-minded countries to make consensual progress on public procurement under the auspices of the WTO, thus opening the possibility of building momentum without pressurising countries to go beyond what they feel they can deliver or cope with. This could be a model for proceeding in the bilateral field. |
| --- | --- |

9.2

The Committee notes the existence of the WTO working party in government procurement which allows like-minded countries to make consensual progress on public procurement under the auspices of the WTO, thus opening the possibility of building momentum without pressurising countries to go beyond what they feel they can deliver or cope with. This could be a model for proceeding in the bilateral field.

| 9.3 | Government procurement, as is stated, is an area ‘of significant untapped potential for EU exporters’. It is especially important for EU exporters in many sectors in emerging markets. Given the example set by the EU's existing FTA with Chile, we look therefore to the standards agreed in the Government Procurement Agreement (GPA) of 1994 as the minimum that should be sought, with the EU offering technical assistance and other ‘capacity building’ to other parties if required to enable them to comply with that Agreement. We note that the US is looking to achieve this goal in their negotiations and we welcome the assurances given by the Commission that this is the EU's goal as well. We are under no allusions that this will be easy to achieve, not least with India where competence lies at State, not Federal, level. |
| --- | --- |

9.3

Government procurement, as is stated, is an area ‘of significant untapped potential for EU exporters’. It is especially important for EU exporters in many sectors in emerging markets. Given the example set by the EU's existing FTA with Chile, we look therefore to the standards agreed in the Government Procurement Agreement (GPA) of 1994 as the minimum that should be sought, with the EU offering technical assistance and other ‘capacity building’ to other parties if required to enable them to comply with that Agreement. We note that the US is looking to achieve this goal in their negotiations and we welcome the assurances given by the Commission that this is the EU's goal as well. We are under no allusions that this will be easy to achieve, not least with India where competence lies at State, not Federal, level.

| 9.4 | Equally, improving investment conditions in third countries will be important in ensuring growth both in the EU and in the ‘receiving countries’. Many, if not most, of the EU's key trading partners maintain a high degree of protection from foreign direct investment through discriminatory regimes, authorisation rules that involve major administrative and/or bureaucratic costs, whilst in addition there are too many sectors that are entirely, or partially, inaccessible to European investment, especially in the service sector (banking, finance, insurance, legal, telecoms, retail distribution as well as in transport). The key in the negotiations will lie with the removal of unnecessary restrictions, and to ensure that the negotiations and the process then in place are fully transparent and that the resulting authorisation procedure within the FTA partner should be fair, quick and efficient. We note that the US FTA model used in their negotiations involves a comprehensive approach, including investor protection. |
| --- | --- |

9.4

Equally, improving investment conditions in third countries will be important in ensuring growth both in the EU and in the ‘receiving countries’. Many, if not most, of the EU's key trading partners maintain a high degree of protection from foreign direct investment through discriminatory regimes, authorisation rules that involve major administrative and/or bureaucratic costs, whilst in addition there are too many sectors that are entirely, or partially, inaccessible to European investment, especially in the service sector (banking, finance, insurance, legal, telecoms, retail distribution as well as in transport). The key in the negotiations will lie with the removal of unnecessary restrictions, and to ensure that the negotiations and the process then in place are fully transparent and that the resulting authorisation procedure within the FTA partner should be fair, quick and efficient. We note that the US FTA model used in their negotiations involves a comprehensive approach, including investor protection.

| 9.5 | We welcome the EU's desire to include some provisions on competition in FTA negotiations. Many of the problems regarding investments and trade facilitation stem from the lack of adequate competition regimes in those countries, which impede and distort global trade and investment flows are often impeded by market distortions caused by the absence (or by a serious lack of implementation) in competition. These all remain fundamental issues of global governance. Both the existing agreements with South Africa and Chile provide for co-operation between the Commission and the local Competition authority. The Commission should aim to include such provisions in the FTAs, although that will be hard to achieve (with the possible exception of S Korea). |
| --- | --- |

9.5

We welcome the EU's desire to include some provisions on competition in FTA negotiations. Many of the problems regarding investments and trade facilitation stem from the lack of adequate competition regimes in those countries, which impede and distort global trade and investment flows are often impeded by market distortions caused by the absence (or by a serious lack of implementation) in competition. These all remain fundamental issues of global governance. Both the existing agreements with South Africa and Chile provide for co-operation between the Commission and the local Competition authority. The Commission should aim to include such provisions in the FTAs, although that will be hard to achieve (with the possible exception of S Korea).

| 9.6 | The Commission's renewed emphasis on market access strategy is also welcome, along with the commitment to concentrate resources in key countries and to set clear priorities with regard to the removal of non-tariff and other trade barriers in priority countries. |
| --- | --- |

9.6

The Commission's renewed emphasis on market access strategy is also welcome, along with the commitment to concentrate resources in key countries and to set clear priorities with regard to the removal of non-tariff and other trade barriers in priority countries.

| 9.7 | The Committee notes that the review of the EU's trade defence instruments is currently under active review. The Committee considers that trade defence instruments should continue to play a protective role, including within the bilateral agreements (anti-dumping, anti-subsidy and safeguard measures). |
| --- | --- |

9.7

The Committee notes that the review of the EU's trade defence instruments is currently under active review. The Committee considers that trade defence instruments should continue to play a protective role, including within the bilateral agreements (anti-dumping, anti-subsidy and safeguard measures).

10.   Trade facilitation

| 10.1 | The fourth ‘Singapore issue’ is still an integral part of the Doha agenda, and is mentioned in the Communication. The WTO draft text on Trade Facilitation is understood to be close to agreement. This should go a long way to establishing core standards for the border/customs management of trade worldwide, and reduce the risk of unpredictable government intervention. Such an Agreement should include accelerated and simplified procedures for release/customs clearance of goods, procedures for legal recourse and appeal, publication of trade regulations, minimisation of fees and charges, and above all the establishment of a ‘single window’ — an exponentially increased use of IT for customs procedures. That alone should cut out a considerable amount of duplication, cost and time, especially where several different government departments require virtually identical information. This will be of particular importance in the negotiations with India. According to the World Bank (14), it takes an average of ten days to export goods from India (7 from Brazil) and an average of 41 days to import goods into India (against 24 for Brazil). We note too the wide variation between ASEAN members, especially between Singapore and Thailand. We urge the Commission to make every effort to secure such an agreement, even if the wider DDA negotiations become totally deadlocked. This should in turn lead to higher standards in simpler, more efficient and less costly border and customs procedures. |
| --- | --- |

10.1

The fourth ‘Singapore issue’ is still an integral part of the Doha agenda, and is mentioned in the Communication. The WTO draft text on Trade Facilitation is understood to be close to agreement. This should go a long way to establishing core standards for the border/customs management of trade worldwide, and reduce the risk of unpredictable government intervention. Such an Agreement should include accelerated and simplified procedures for release/customs clearance of goods, procedures for legal recourse and appeal, publication of trade regulations, minimisation of fees and charges, and above all the establishment of a ‘single window’ — an exponentially increased use of IT for customs procedures. That alone should cut out a considerable amount of duplication, cost and time, especially where several different government departments require virtually identical information. This will be of particular importance in the negotiations with India. According to the World Bank (14), it takes an average of ten days to export goods from India (7 from Brazil) and an average of 41 days to import goods into India (against 24 for Brazil). We note too the wide variation between ASEAN members, especially between Singapore and Thailand. We urge the Commission to make every effort to secure such an agreement, even if the wider DDA negotiations become totally deadlocked. This should in turn lead to higher standards in simpler, more efficient and less costly border and customs procedures.

| 10.2 | A key benefit of such an Agreement would be felt by landlocked countries, where transparent, IT based procedures would help eliminate loss and delay whilst goods were crossing a third country on the way to or from a port. |
| --- | --- |

10.2

A key benefit of such an Agreement would be felt by landlocked countries, where transparent, IT based procedures would help eliminate loss and delay whilst goods were crossing a third country on the way to or from a port.

| 10.3 | Small businesses are the most exposed to customs trading costs and often do not have necessary critical mass (in terms of economies of scales, size of sales, distribution networks, transport facilities, etc.) to deal with high customs costs arising from administrative delays, corruption and other factors, with the result that potential markets are lost. EU SMEs would particularly benefit from agreement on Trade Facilitation. SMEs in the short run could gain more from an ambitious trade facilitation agreement than from tariff reductions. |
| --- | --- |

10.3

Small businesses are the most exposed to customs trading costs and often do not have necessary critical mass (in terms of economies of scales, size of sales, distribution networks, transport facilities, etc.) to deal with high customs costs arising from administrative delays, corruption and other factors, with the result that potential markets are lost. EU SMEs would particularly benefit from agreement on Trade Facilitation. SMEs in the short run could gain more from an ambitious trade facilitation agreement than from tariff reductions.

| 10.4 | Irrespective of progress made in the DDA negotiations, the Committee looks to as strong an emphasis in the actual FTA negotiations on Trade Facilitation as on the other three Singapore Issues. |
| --- | --- |

10.4

Irrespective of progress made in the DDA negotiations, the Committee looks to as strong an emphasis in the actual FTA negotiations on Trade Facilitation as on the other three Singapore Issues.

| 10.5 | The Committee notes the success of the Commission's Trade Related Technical Assistance (TRTA) programmes, which have made a real contribution to developing countries' ability to both deal with the demands of WTO membership and to increase their ability to meet the exacting requirements both as exporters of goods and services to the EU and as recipients of EU investments. Such programmes can engage the technical expertise of other international bodies under UN auspices (e.g. UNIDO, WIPO and ITC) which can further enhance the EU's profile and engender cooperation between international institutions. This will become particularly significant if the least developed members of ASEAN are to become more involved, as well as being relevant to progress in Latin America. |
| --- | --- |

10.5

The Committee notes the success of the Commission's Trade Related Technical Assistance (TRTA) programmes, which have made a real contribution to developing countries' ability to both deal with the demands of WTO membership and to increase their ability to meet the exacting requirements both as exporters of goods and services to the EU and as recipients of EU investments. Such programmes can engage the technical expertise of other international bodies under UN auspices (e.g. UNIDO, WIPO and ITC) which can further enhance the EU's profile and engender cooperation between international institutions. This will become particularly significant if the least developed members of ASEAN are to become more involved, as well as being relevant to progress in Latin America.

11.   The role of civil society

| 11.1 | The Committee welcomes the Commission's aim to ensure a greater level of monitoring and transparency in the negotiations and to extend and develop its collaboration with civil society in those other countries and regions involved with the negotiations. In the monitoring field, the Committee can play an active role because of its structure. Its experience enables it to identify effective potential partners in third countries. In turn their involvement will help strengthen the role of these partners at home. |
| --- | --- |

11.1

The Committee welcomes the Commission's aim to ensure a greater level of monitoring and transparency in the negotiations and to extend and develop its collaboration with civil society in those other countries and regions involved with the negotiations. In the monitoring field, the Committee can play an active role because of its structure. Its experience enables it to identify effective potential partners in third countries. In turn their involvement will help strengthen the role of these partners at home.

| 11.2 | For the EPA negotiations the Committee is mandated under the Cotonou Agreement to organise consultations and meetings with ACP economic and social interest groups, widened in 2003 to include the monitoring of the negotiations at the request of the then Trade Commissioner (Mr Lamy). With the active participation of EC negotiators this has resulted in twice yearly meetings of the ACP-EU Follow-up Committee, regional seminars once or twice a year and general conferences in Brussels, with delegates from all of the ACP countries. As a result of consultations, the EPA agreed for the Caribbean includes both, a social and environmental chapter and the creation of a civil society Consultative Committee responsible for monitoring the implementation of the EPA and review all its economic, social and environmental aspects. |
| --- | --- |

11.2

For the EPA negotiations the Committee is mandated under the Cotonou Agreement to organise consultations and meetings with ACP economic and social interest groups, widened in 2003 to include the monitoring of the negotiations at the request of the then Trade Commissioner (Mr Lamy). With the active participation of EC negotiators this has resulted in twice yearly meetings of the ACP-EU Follow-up Committee, regional seminars once or twice a year and general conferences in Brussels, with delegates from all of the ACP countries. As a result of consultations, the EPA agreed for the Caribbean includes both, a social and environmental chapter and the creation of a civil society Consultative Committee responsible for monitoring the implementation of the EPA and review all its economic, social and environmental aspects.

| 11.3 | With regard to the proposed association agreements with the Central American and Andean regions, regular dialogue has been established since 1999 with representatives of organised Civil Society from Latin America and the Caribbean, the fifth meeting of which is due to be held in April 2008. This was set up to ensure a civil society contribution was given to the biennial EU — Latin America Summits. The Committee also has extensive contacts with the Mercosur Economic and Social Consultative Forum, the Andean Labour Advisory Council, the Andean Business Advisory Council and the civil society Consultative Committee of the Central American Integration System. |
| --- | --- |

11.3

With regard to the proposed association agreements with the Central American and Andean regions, regular dialogue has been established since 1999 with representatives of organised Civil Society from Latin America and the Caribbean, the fifth meeting of which is due to be held in April 2008. This was set up to ensure a civil society contribution was given to the biennial EU — Latin America Summits. The Committee also has extensive contacts with the Mercosur Economic and Social Consultative Forum, the Andean Labour Advisory Council, the Andean Business Advisory Council and the civil society Consultative Committee of the Central American Integration System.

| 11.4 | The Committee also participates in the EU — India and the EU — China Round Tables, in both of which it forms the EU delegation. The former was set up in 2001, the latter in June 2007. Both meet regularly, and the work of both has already been acknowledged by the annual summits. The Committee in addition has contacts at civil society level with the national ESCs from both S. Korea and Thailand through the ‘International Association of Economic & Social Councils and Similar Institutions’ (IAESCSI). |
| --- | --- |

11.4

The Committee also participates in the EU — India and the EU — China Round Tables, in both of which it forms the EU delegation. The former was set up in 2001, the latter in June 2007. Both meet regularly, and the work of both has already been acknowledged by the annual summits. The Committee in addition has contacts at civil society level with the national ESCs from both S. Korea and Thailand through the ‘International Association of Economic & Social Councils and Similar Institutions’ (IAESCSI).

| 11.5 | The Committee expects to provide cooperation in organising regular civil society consultation meetings at regional level on trade negotiations by using its extensive regional contacts and its cumulated experience in monitoring the EPAs negotiations. It proposes it should organise workshops or other regular meetings for consulting economic and social interest groups, in the countries and regions concerned, by means of existing Round Tables where appropriate. Negotiators from the EU (and their counterparts) would be invited to inform on the state of negotiations and get feedback from European and third countries civil society representatives. In addition, the Committee could also complement the activities of the EC by facilitating the participation of European and third countries representatives in connection with the ongoing Sustainability Impact Assessment process and by providing direct electronic access to all its civil society contacts in the countries and regions concerned. |
| --- | --- |

11.5

The Committee expects to provide cooperation in organising regular civil society consultation meetings at regional level on trade negotiations by using its extensive regional contacts and its cumulated experience in monitoring the EPAs negotiations. It proposes it should organise workshops or other regular meetings for consulting economic and social interest groups, in the countries and regions concerned, by means of existing Round Tables where appropriate. Negotiators from the EU (and their counterparts) would be invited to inform on the state of negotiations and get feedback from European and third countries civil society representatives. In addition, the Committee could also complement the activities of the EC by facilitating the participation of European and third countries representatives in connection with the ongoing Sustainability Impact Assessment process and by providing direct electronic access to all its civil society contacts in the countries and regions concerned.

| 11.6 | The Committee's should paid attention to the bodies and procedures used to monitor sensitive sustainable development issues. It feels that the regular bilateral dialogue should draw on the recommendations arising out of the various mechanisms in place under the 27 international conventions cited in 5.7 above, not least by taking on board the observations of civil society or by assessing the findings of the non-financial ratings conducted on a country-specific basis by the World Bank or the ratings agencies. Civil society must also conduct a preliminary assessment of the different follow-up mechanisms concerned. |
| --- | --- |

11.6

The Committee's should paid attention to the bodies and procedures used to monitor sensitive sustainable development issues. It feels that the regular bilateral dialogue should draw on the recommendations arising out of the various mechanisms in place under the 27 international conventions cited in 5.7 above, not least by taking on board the observations of civil society or by assessing the findings of the non-financial ratings conducted on a country-specific basis by the World Bank or the ratings agencies. Civil society must also conduct a preliminary assessment of the different follow-up mechanisms concerned.

| 11.7 | For Korea, the Committee recommends that use be made of the regular OECD reports, particularly in relation to the moratorium signed with the social partners up to 2010. |
| --- | --- |

11.7

For Korea, the Committee recommends that use be made of the regular OECD reports, particularly in relation to the moratorium signed with the social partners up to 2010.

| 11.8 | Defined as an expression of sustainable development at company level, corporate social responsibility (CSR) can, on a voluntary basis, help to implement the social and environmental commitments contained in the new trade agreements. This approach would be based in particular on the fifty or so international framework agreements that have already been negotiated by major companies, often of European origin. They represent a contribution to decent work, by providing an example of sustained social dialogue in subsidiaries in the partner countries, and constitute an advantage in attracting local skilled labour. Furthermore, when large multinationals or their subsidiaries in a particular sector take on CSR commitments, this acts as a spur for the entire value chain (suppliers and sub-contractors), especially in major emerging countries such as China. The Committee recommends that the question of social and environmental labelling should be placed on the agenda of trade agreement monitoring committees, in order to provide consumers with high-quality information and to meet traceability needs. |
| --- | --- |

11.8

Defined as an expression of sustainable development at company level, corporate social responsibility (CSR) can, on a voluntary basis, help to implement the social and environmental commitments contained in the new trade agreements. This approach would be based in particular on the fifty or so international framework agreements that have already been negotiated by major companies, often of European origin. They represent a contribution to decent work, by providing an example of sustained social dialogue in subsidiaries in the partner countries, and constitute an advantage in attracting local skilled labour. Furthermore, when large multinationals or their subsidiaries in a particular sector take on CSR commitments, this acts as a spur for the entire value chain (suppliers and sub-contractors), especially in major emerging countries such as China. The Committee recommends that the question of social and environmental labelling should be placed on the agenda of trade agreement monitoring committees, in order to provide consumers with high-quality information and to meet traceability needs.

Brussels, 22 April 2008.

The President

of the European Economic and Social Committee

Dimitris DIMITRIADIS

---

(1)  Malosse Opinion dated May 2007 (REX/228 — CESE 136/2007 fin).

1

(2)  Jan Tumlir Policy Essay (ECIPE, 2007).

2

(3)  CBI Briefing Paper, March 2007.

3

(4)  WTO ‘Market access: Unfinished Business — Post Uruguay round Inventory’, 2003.

4

(5)  See REX/182 The Social Dimension of Globalisation.

5

(6)  Opinion on The Challenges and Opportunities for the EU in the Context of Globalisation, rapporteur: Mr Malosse, 31 May 2007.

6

The Challenges and Opportunities for the EU in the Context of Globalisation

(7)  Corporate social responsibility, Evelyne Pichenot, December 2006.

7

Corporate social responsibility

(8)  Communication from the Commission of 11 December 2007, assessment and summary of the Lisbon Strategy.

8

(9)  List in appendix.

9

(10)  Table showing the ratification of international conventions by Asian countries.

10

(11)  Opinion on The social dimension of globalisation, rapporteurs: Mr Etty and Ms Hornung-Draus.

11

The social dimension of globalisation

(12)  Table on the progress of ratifications in Asia in appendix.

12

(13)  See also Opinion by Mr Cappellini INT/390: The different policy measures, other than suitable financing, that would help SMEs to grow and develop.

13

(14)  World Bank, ‘Doing Business 2007’; September 2006.

14

---

| 19.8.2008 | EN | Official Journal of the European Union | C 211/90 |
| --- | --- | --- | --- |

19.8.2008

EN

Official Journal of the European Union

C 211/90

---

Opinion of the European Economic and Social Committee on the ‘Commission Communication: “Communicating Europe in Partnership”’

COM(2007) 568 and Annex COM(2007) 569

(2008/C 211/22)

On 3 October 2007, the European Commission decided to consult the European Economic and Social Committee, under Article 262 of the Treaty establishing the European Community, on the

Commission Communication: ‘Communicating Europe in Partnership’.

The European Economic and Social Committee, acting under Rule 20 of the Rules of Procedure, appointed Ms van Turnhout as rapporteur general.

At its 444th plenary session held on 22 and 23 April 2008 (meeting of 22 April 2008), the European Economic and Social Committee adopted the following opinion by 92 votes to 12 with 26 abstentions.

1.   Conclusions and recommendations

| 1.1 | The Committee reiterates its call for the Commission to address face-on the problem of the absence of a legal basis for communication policy. However, recognising the legal and political obstacles, the Committee does not oppose an Inter Institutional Agreement (IIA) between the Council, the European Parliament and the Commission. The Committee will — as far as possible — follow the intentions outlined in such an IIA. |
| --- | --- |

1.1

The Committee reiterates its call for the Commission to address face-on the problem of the absence of a legal basis for communication policy. However, recognising the legal and political obstacles, the Committee does not oppose an Inter Institutional Agreement (IIA) between the Council, the European Parliament and the Commission. The Committee will — as far as possible — follow the intentions outlined in such an IIA.

| 1.2 | The Committee again draws attention to a twin resource problem: lack of funds and a discouragingly complicated bureaucratic procedure for their disbursement. The Committee calls for the Commission to streamline procedures for providing Grants and it calls for the Commission to include the advisory bodies, such as the EESC, in future Framework Contracts; for example, Audiovisual services, EBS and Opinion Polling. |
| --- | --- |

1.2

The Committee again draws attention to a twin resource problem: lack of funds and a discouragingly complicated bureaucratic procedure for their disbursement. The Committee calls for the Commission to streamline procedures for providing Grants and it calls for the Commission to include the advisory bodies, such as the EESC, in future Framework Contracts; for example, Audiovisual services, EBS and Opinion Polling.

| 1.3 | The Committee applauds the idea of Communicating in Partnership in a coherent and integrated way, by empowering European citizens and develop a European Public Sphere. In order to reach citizens, we need (i) a clear, simple and attractive set of messages; a clear vision which citizens accept as their vision; and (ii) an appropriate design and instruments for communication. The setting-up of an annual work plan around selected EU communication priorities can contribute to that. The EESC, given the right resources, is ready and willing to work together with the other institutions on this, recognising that the EU is not only Brussels, and that the EU has to ‘go local’. |
| --- | --- |

1.3

The Committee applauds the idea of Communicating in Partnership in a coherent and integrated way, by empowering European citizens and develop a European Public Sphere. In order to reach citizens, we need (i) a clear, simple and attractive set of messages; a clear vision which citizens accept as their vision; and (ii) an appropriate design and instruments for communication. The setting-up of an annual work plan around selected EU communication priorities can contribute to that. The EESC, given the right resources, is ready and willing to work together with the other institutions on this, recognising that the EU is not only Brussels, and that the EU has to ‘go local’.

| 1.4 | The EESC attaches great importance to its representation in the Inter-institutional Group on Information (IGI). The post-White Paper addendum to the protocol of cooperation between the European Commission and the European Economic and Social Committee signed on 31 May 2007, provides an excellent framework for the European Commission (EC) and European Parliament (EP) European Houses in Member States to involve actively the 344 EESC members in national and regional activities. The Commission, when communicating with Civil Society, is encouraged to recognise the role that the Committee can play as the bridge between the EU institutions and organised Civil Society. The Committee could also see a value in its Members taking an active part in the proposed web-based Pilot Information Network (PINs). The Committee will be happy to train and maintain contacts with proposed Civil Society Contact Points in the Commission departments and other relevant networks, such as the EESC Contact Points, at EC Representations and the Europe Direct Centres. As such the Committee encourage the Commission to look at how to increase the support for their networks, such as Europe Direct and the Team Europe Speakers. |
| --- | --- |

1.4

The EESC attaches great importance to its representation in the Inter-institutional Group on Information (IGI). The post-White Paper addendum to the protocol of cooperation between the European Commission and the European Economic and Social Committee signed on 31 May 2007, provides an excellent framework for the European Commission (EC) and European Parliament (EP) European Houses in Member States to involve actively the 344 EESC members in national and regional activities. The Commission, when communicating with Civil Society, is encouraged to recognise the role that the Committee can play as the bridge between the EU institutions and organised Civil Society. The Committee could also see a value in its Members taking an active part in the proposed web-based Pilot Information Network (PINs). The Committee will be happy to train and maintain contacts with proposed Civil Society Contact Points in the Commission departments and other relevant networks, such as the EESC Contact Points, at EC Representations and the Europe Direct Centres. As such the Committee encourage the Commission to look at how to increase the support for their networks, such as Europe Direct and the Team Europe Speakers.

2.   Explanatory statement

| 2.1 | The European Commission Communication (COM 2007/568) on ‘Communicating Europe in Partnership’ was adopted on 3 October 2007. It represented the fourth document adopted on communications issues by the European Commission. The other three were: i) the European Commission's White Paper on a European Communication Policy (COM(2006) 35 final), adopted on 1 February 2006; ii) an internal Action Plan (SEC(2005) 985 final), adopted on 20 July 2005; and iii) its Communication ‘Reflection and beyond: Plan D for Democracy, Dialogue and Debate’ (COM(2005) 494 final), adopted on 13 October 2005. |
| --- | --- |

2.1

The European Commission Communication (COM 2007/568) on ‘Communicating Europe in Partnership’ was adopted on 3 October 2007. It represented the fourth document adopted on communications issues by the European Commission. The other three were: i) the European Commission's White Paper on a European Communication Policy (COM(2006) 35 final), adopted on 1 February 2006; ii) an internal Action Plan (SEC(2005) 985 final), adopted on 20 July 2005; and iii) its Communication ‘Reflection and beyond: Plan D for Democracy, Dialogue and Debate’ (COM(2005) 494 final), adopted on 13 October 2005.

| 2.2 | ‘Communicating Europe in Partnership’ highlights the crucial importance of inter-institutional cooperation in communicating on EU issues and sets out the preconditions for a successful communication policy based on a partnership with major political, economic and social actors at all levels. On the same day, the Commission also adopted — as outlined in item 1.2, and according to the European Parliament resolution on a European Communication Policy — a proposal for an Inter-institutional Agreement (COM 2007/569) on ‘Communicating Europe in Partnership’. This was in order to reinforce the commitment of all EU institutions to a number of EU communication priorities each year and with the involvement of interested Member States. While recognising the autonomy and different responsibilities of each EU institution, the Inter-institutional Agreement highlights the need for, and the added value of, better coordination in the way they communicate on EU issues. To this end, it also provides a coherent framework for action. Considering the particular importance of the year 2008 for the Lisbon Reform Treaty ratification process in Member States and in preparation for the European elections in 2009, the Commission invites the European Economic and Social Committee to formulate its views on the Communication. |
| --- | --- |

2.2

‘Communicating Europe in Partnership’ highlights the crucial importance of inter-institutional cooperation in communicating on EU issues and sets out the preconditions for a successful communication policy based on a partnership with major political, economic and social actors at all levels. On the same day, the Commission also adopted — as outlined in item 1.2, and according to the European Parliament resolution on a European Communication Policy — a proposal for an Inter-institutional Agreement (COM 2007/569) on ‘Communicating Europe in Partnership’. This was in order to reinforce the commitment of all EU institutions to a number of EU communication priorities each year and with the involvement of interested Member States. While recognising the autonomy and different responsibilities of each EU institution, the Inter-institutional Agreement highlights the need for, and the added value of, better coordination in the way they communicate on EU issues. To this end, it also provides a coherent framework for action. Considering the particular importance of the year 2008 for the Lisbon Reform Treaty ratification process in Member States and in preparation for the European elections in 2009, the Commission invites the European Economic and Social Committee to formulate its views on the Communication.

| 2.3 | For its part, the European Economic and Social Committee has adopted three recent opinions in the communications field, the first on ‘The Reflection Period: structure, themes and framework for an evaluation of the debate on the European Union’ (CESE 1249/2005 (1)), adopted on 26 October 2005, and addressed to the European Parliament; the second being the opinion on the Commission's ‘Plan D’ Communication (CESE 1499/2005 (2)), adopted on 14 December 2005. Both of these opinions proposed a series of operational recommendations. The third EESC opinion was linked to the White Paper on a European communication policy (CESE 972/2006 (3)), adopted on 6 July 2006. This latest opinion calls for the Commission to address the problem of the absence of a legal basis for communication policy and supports increased inter-institutional cooperation putting focus on a decentralised approach. |
| --- | --- |

2.3

For its part, the European Economic and Social Committee has adopted three recent opinions in the communications field, the first on ‘The Reflection Period: structure, themes and framework for an evaluation of the debate on the European Union’ (CESE 1249/2005 (1)), adopted on 26 October 2005, and addressed to the European Parliament; the second being the opinion on the Commission's ‘Plan D’ Communication (CESE 1499/2005 (2)), adopted on 14 December 2005. Both of these opinions proposed a series of operational recommendations. The third EESC opinion was linked to the White Paper on a European communication policy (CESE 972/2006 (3)), adopted on 6 July 2006. This latest opinion calls for the Commission to address the problem of the absence of a legal basis for communication policy and supports increased inter-institutional cooperation putting focus on a decentralised approach.

| 2.4 | The current opinion on the Communication ‘Communicating Europe in Partnership’ should not, therefore, deal with areas which the Committee has already covered and is still covering. Rather, it should seek to respond to the three basic areas identified in the Communication. These are:






  — | empowering citizens, |
| --- | --- | --- |

2.4

The current opinion on the Communication ‘Communicating Europe in Partnership’ should not, therefore, deal with areas which the Committee has already covered and is still covering. Rather, it should seek to respond to the three basic areas identified in the Communication. These are:

—

empowering citizens,

| — | developing a European Public Sphere, and |
| --- | --- |

—

developing a European Public Sphere, and

| — | reinforcing the partnership approach (Including the proposal for an Inter-Institutional Agreement (IIA) on communication). |
| --- | --- |

—

reinforcing the partnership approach (Including the proposal for an Inter-Institutional Agreement (IIA) on communication).

| 2.5 | In addition to the Committee's three opinions cited above and the Commission's Communication, ‘Communicating Europe in Partnership’, this Opinion is based on several additional sources of input:






  — | the summary records of the debates held in the EESC's plenary sessions since June 2005; |
| --- | --- | --- |

2.5

In addition to the Committee's three opinions cited above and the Commission's Communication, ‘Communicating Europe in Partnership’, this Opinion is based on several additional sources of input:

—

the summary records of the debates held in the EESC's plenary sessions since June 2005;

| — | the summary records of the various discussions held in the EESC Communication Group; |
| --- | --- |

—

the summary records of the various discussions held in the EESC Communication Group;

| — | the Committee's Resolution made as a contribution to the European Council of 21 and 22 June 2007 — Roadmap for the constitutional process, as adopted on 30 May 2007 (CESE 640/2007); |
| --- | --- |

—

the Committee's Resolution made as a contribution to the European Council of 21 and 22 June 2007 — Roadmap for the constitutional process, as adopted on 30 May 2007 (CESE 640/2007);

| — | the recommendations arising from the Rome Youth Declaration of 25 March 2007, celebrating the 50th anniversary of the Treaty of Rome; |
| --- | --- |

—

the recommendations arising from the Rome Youth Declaration of 25 March 2007, celebrating the 50th anniversary of the Treaty of Rome;

| — | the Committee's participation in the six Commission co-financed ‘Plan-D’ projects; |
| --- | --- |

—

the Committee's participation in the six Commission co-financed ‘Plan-D’ projects;

| — | the conclusions from the EESC stakeholder conference, ‘Your Europe, Your Say’ organised in Dublin on 18 October 2007; and |
| --- | --- |

—

the conclusions from the EESC stakeholder conference, ‘Your Europe, Your Say’ organised in Dublin on 18 October 2007; and

| — | the conclusions from the EESC Press Officers seminar, ‘Communicating Europe: What role does civil society wish to play?’, organised in Brussels on 12 November 2007. |
| --- | --- |

—

the conclusions from the EESC Press Officers seminar, ‘Communicating Europe: What role does civil society wish to play?’, organised in Brussels on 12 November 2007.

| 2.6 | This Opinion on the Communication, ‘Communicating Europe in Partnership’ is divided into three sections, matching the three issues identified in the Commission's document, and is restricted to addressing just a few, key questions, in each section. |
| --- | --- |

2.6

This Opinion on the Communication, ‘Communicating Europe in Partnership’ is divided into three sections, matching the three issues identified in the Commission's document, and is restricted to addressing just a few, key questions, in each section.

3.   General comments

3.1   Empowering citizens

| 3.1.1 | In the specific field of communicating Europe, the role of Civil Society is essential. The renewed Plan D framework wants to involve many partners in the development of the European Union, including NGOs, professional associations and the increasing number of enterprises that want to learn more about Europe, its policies, programmes and processes. The EESC supports the Rome Youth Declarations call for the EU to guarantee an increased budget for funding NGOs as primary providers of non-formal education and the promoters of civic participation, human rights and democracy. |
| --- | --- |

3.1.1

In the specific field of communicating Europe, the role of Civil Society is essential. The renewed Plan D framework wants to involve many partners in the development of the European Union, including NGOs, professional associations and the increasing number of enterprises that want to learn more about Europe, its policies, programmes and processes. The EESC supports the Rome Youth Declarations call for the EU to guarantee an increased budget for funding NGOs as primary providers of non-formal education and the promoters of civic participation, human rights and democracy.

| 3.1.2 | The Committee fully supports a multilingual approach to communication. Not only will the Communication be made in the appropriate number of languages, but plain language will also be used. This was clearly stated in the EESC seminar for Press Officers debate, November 2007. |
| --- | --- |

3.1.2

The Committee fully supports a multilingual approach to communication. Not only will the Communication be made in the appropriate number of languages, but plain language will also be used. This was clearly stated in the EESC seminar for Press Officers debate, November 2007.

| 3.1.3 | The EESC has often stated that the EU is not only Brussels. As such, the EESC has with its actions supported the concept of ‘going local’. The Committee warmly welcomes the Commission's initiative to appoint EESC contact points at all EC Representations. This was a logical follow-up to the signature of the addendum to the protocol of cooperation between the two institutions. The addendum that will serve as the basis for continued development of the inter-institutional working relations. The EESC has 344 members spread over all the 27 EU member states. These members are based in different national organisations representing the three groupings of the Committee. These members have both national and regional knowledge, as well as a European view from their work in the Committee. The EC Representations and EP Information offices should make use of these valuable resources. An interesting first challenge would be for the appointed Contact Points to take initiatives with EESC members in celebrating the EESC 50th anniversary on May 2008. |
| --- | --- |

3.1.3

The EESC has often stated that the EU is not only Brussels. As such, the EESC has with its actions supported the concept of ‘going local’. The Committee warmly welcomes the Commission's initiative to appoint EESC contact points at all EC Representations. This was a logical follow-up to the signature of the addendum to the protocol of cooperation between the two institutions. The addendum that will serve as the basis for continued development of the inter-institutional working relations. The EESC has 344 members spread over all the 27 EU member states. These members are based in different national organisations representing the three groupings of the Committee. These members have both national and regional knowledge, as well as a European view from their work in the Committee. The EC Representations and EP Information offices should make use of these valuable resources. An interesting first challenge would be for the appointed Contact Points to take initiatives with EESC members in celebrating the EESC 50th anniversary on May 2008.

| 3.1.4 | The numerous networks established throughout Europe are important elements, in this context, in the effort to communicate Europe locally. The Europe Direct Centres, for example, should communicate European Policy by looking to all EU institutions. The EESC will be willing to contribute knowledge at these networks, by providing relevant information material and training where appropriate. The relative limited financial support to these networks should be revised by the Commission. With more resources and a more differentiated approach from the side of the Commission, the centres could in a more efficient way support the ambition of ‘going local’. Furthermore, the Commission and the European Parliament should consider how to involve the network of European Agencies, spread all over Europe, in the EU Communication effort. Lastly, the EESC has also learned from experience that initiatives in the cultural arena stir interest among citizens and serve as important vehicles for promoting European ideas. |
| --- | --- |

3.1.4

The numerous networks established throughout Europe are important elements, in this context, in the effort to communicate Europe locally. The Europe Direct Centres, for example, should communicate European Policy by looking to all EU institutions. The EESC will be willing to contribute knowledge at these networks, by providing relevant information material and training where appropriate. The relative limited financial support to these networks should be revised by the Commission. With more resources and a more differentiated approach from the side of the Commission, the centres could in a more efficient way support the ambition of ‘going local’. Furthermore, the Commission and the European Parliament should consider how to involve the network of European Agencies, spread all over Europe, in the EU Communication effort. Lastly, the EESC has also learned from experience that initiatives in the cultural arena stir interest among citizens and serve as important vehicles for promoting European ideas.

| 3.1.5 | The Commission consultation on the white paper showed a strong demand from civil society actors for closer involvement in the European process. The EESC wants to highlight the conclusions reached at its November Press Officers seminar in Brussels, November 2007, calling for the need to use existing structures and networks for consultation, rather than going back to square one every time. The EESC, representing European organised Civil Society, has a very important role to play here, and other European Union institutions must recognise this. |
| --- | --- |

3.1.5

The Commission consultation on the white paper showed a strong demand from civil society actors for closer involvement in the European process. The EESC wants to highlight the conclusions reached at its November Press Officers seminar in Brussels, November 2007, calling for the need to use existing structures and networks for consultation, rather than going back to square one every time. The EESC, representing European organised Civil Society, has a very important role to play here, and other European Union institutions must recognise this.

| 3.1.6 | The EESC agrees with the Commission that education and training for active citizenship is the responsibility of the Member States. The EESC notes the fact that the rights and duties of European citizens feature in less than half of the EU Member States school curricula. The EESC Dublin Youth Forum of October 2007 confirmed that citizens will engage in discussion on European issues if they are given the opportunity to do so. An important element is education and putting EU on the school agenda. The seminar called for enhanced Youth Participation in the decision-making process. It is entirely possible for the EU to promote better voluntary activities and exchange programmes without losing national identity. The EESC calls for specific initiatives to be taken in this area. |
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3.1.6

The EESC agrees with the Commission that education and training for active citizenship is the responsibility of the Member States. The EESC notes the fact that the rights and duties of European citizens feature in less than half of the EU Member States school curricula. The EESC Dublin Youth Forum of October 2007 confirmed that citizens will engage in discussion on European issues if they are given the opportunity to do so. An important element is education and putting EU on the school agenda. The seminar called for enhanced Youth Participation in the decision-making process. It is entirely possible for the EU to promote better voluntary activities and exchange programmes without losing national identity. The EESC calls for specific initiatives to be taken in this area.

| 3.1.7 | The EESC welcomes initiatives such as ‘Spring Day Europe’ and ‘Back to School’. The Committee encourage the Commission to look at how to involve better existing regional and local networks in these efforts. These efforts should include all School levels, including primary level. |
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3.1.7

The EESC welcomes initiatives such as ‘Spring Day Europe’ and ‘Back to School’. The Committee encourage the Commission to look at how to involve better existing regional and local networks in these efforts. These efforts should include all School levels, including primary level.

3.2   Developing a European public sphere

| 3.2.1 | The Commission stresses the importance of delivering on its policies as the best way of ensuring public support for the European Project. Limited communication surrounding the ratification of the Lisbon Reform Treaty seems to run contrary to the idea of a European Public Sphere. In its May 2007 resolution to the European Council June 2007, the EESC called for recognition of the importance of participatory democracy, in particular by requiring the European institutions to maintain a transparent and regular dialogue with civil society organisations and EU citizens. |
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3.2.1

The Commission stresses the importance of delivering on its policies as the best way of ensuring public support for the European Project. Limited communication surrounding the ratification of the Lisbon Reform Treaty seems to run contrary to the idea of a European Public Sphere. In its May 2007 resolution to the European Council June 2007, the EESC called for recognition of the importance of participatory democracy, in particular by requiring the European institutions to maintain a transparent and regular dialogue with civil society organisations and EU citizens.

| 3.2.2 | The EESC shares the Commission and the European Parliament ambition of increasing the level of participation in the 2009 European Parliament elections. This can be enhanced by implementing the ideas, put forward by the Commission, on setting agreed common Communication priorities. The EESC is willing to work on such common objectives. The EU needs a real project and content with which citizens can identify. Any objective for Europe also needs to include the social sector and employment, and the EESC is ideally placed here. Good communication must always be based on a clear, well-defined plan, and providing value to European Citizens. On a smaller scale, the EESC members should be invited to assist in the Commission's online Pilot Information Networks (PINs) initiative. |
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3.2.2

The EESC shares the Commission and the European Parliament ambition of increasing the level of participation in the 2009 European Parliament elections. This can be enhanced by implementing the ideas, put forward by the Commission, on setting agreed common Communication priorities. The EESC is willing to work on such common objectives. The EU needs a real project and content with which citizens can identify. Any objective for Europe also needs to include the social sector and employment, and the EESC is ideally placed here. Good communication must always be based on a clear, well-defined plan, and providing value to European Citizens. On a smaller scale, the EESC members should be invited to assist in the Commission's online Pilot Information Networks (PINs) initiative.

| 3.2.3 | Audiovisual media is the strongest communication tool and the bigger institutions, such as the Commission and the European Parliament, have access to such tools. Clearly, broadcaster independence will be ensured when making contracts with those offering services from EBS (Europe by Satellite) or on-line services via the internet. When establishing such contacts, the Commission will be encouraged to consider how to open the doors for other institutions and EU bodies as well, to ensure balanced communication — also bearing in mind that the administrative processes for establishing contracts are burdensome for the advisory bodies and other EU bodies. The Commission could also ensure that the appropriate synergies are created. This may also be the case when identifying areas in which to measure public opinion. |
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3.2.3

Audiovisual media is the strongest communication tool and the bigger institutions, such as the Commission and the European Parliament, have access to such tools. Clearly, broadcaster independence will be ensured when making contracts with those offering services from EBS (Europe by Satellite) or on-line services via the internet. When establishing such contacts, the Commission will be encouraged to consider how to open the doors for other institutions and EU bodies as well, to ensure balanced communication — also bearing in mind that the administrative processes for establishing contracts are burdensome for the advisory bodies and other EU bodies. The Commission could also ensure that the appropriate synergies are created. This may also be the case when identifying areas in which to measure public opinion.

3.3   Reinforcing the partnership approach

| 3.3.1 | The EESC fully supports the partnership approach as promoted by the European Commission. This includes not only the EU institutions, but also Member States and national and regional politicians and decision-makers who must take ownership of the EU decisions they make. The EESC welcomes networking with national communication directors and calls for enhanced synergy with civil society organisations and their communication resources. The EESC has such a platform via its Press Officers network. It should also be noted that most EU member states have national Economic and Social Councils and that EESC members have good links with the host organisations in their respective member states. This is a powerful network, and one in which the EESC as an institution can be a strong partner to the other institutions. |
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3.3.1

The EESC fully supports the partnership approach as promoted by the European Commission. This includes not only the EU institutions, but also Member States and national and regional politicians and decision-makers who must take ownership of the EU decisions they make. The EESC welcomes networking with national communication directors and calls for enhanced synergy with civil society organisations and their communication resources. The EESC has such a platform via its Press Officers network. It should also be noted that most EU member states have national Economic and Social Councils and that EESC members have good links with the host organisations in their respective member states. This is a powerful network, and one in which the EESC as an institution can be a strong partner to the other institutions.

| 3.3.2 | The Committee is fully engaged in the work of the Inter-Institutional Group on Information (IGI), in which it has a role as observer. The EESC wants to highlight the importance, at a technical level, of good preparation for these meetings. The EESC also has a practical problem with participation, as the IGI meetings are always organised in Strasbourg and are parallel to the EESC Bureau and plenary meetings in Brussels. The EESC would like to see IGI meetings moved to allow EESC participation at the highest possible level. The EESC also welcomes the open-door policy to the Council Working Group on Information and expresses a hope for that door to remain open, allowing EESC participation in shaping the EU Communication policy. |
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3.3.2

The Committee is fully engaged in the work of the Inter-Institutional Group on Information (IGI), in which it has a role as observer. The EESC wants to highlight the importance, at a technical level, of good preparation for these meetings. The EESC also has a practical problem with participation, as the IGI meetings are always organised in Strasbourg and are parallel to the EESC Bureau and plenary meetings in Brussels. The EESC would like to see IGI meetings moved to allow EESC participation at the highest possible level. The EESC also welcomes the open-door policy to the Council Working Group on Information and expresses a hope for that door to remain open, allowing EESC participation in shaping the EU Communication policy.

| 3.3.3 | Although the EESC at earlier locations has promoted the idea of establishing a proper legal basis for communication, the EESC takes note of the proposal for establishing an inter-institutional agreement on communication between the Commission, the European Parliament and the Council. For its part, the Committee continues to update and implement its strategic communication plan. This includes continuous review of its communication tools and their use, and the exploration of innovative methods. In its Communication priorities, the EESC takes into consideration the communication objectives put forward by the Commission. The EESC calls for the objectives to be clear, focussed, relevant to citizens and limited in number. |
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3.3.3

Although the EESC at earlier locations has promoted the idea of establishing a proper legal basis for communication, the EESC takes note of the proposal for establishing an inter-institutional agreement on communication between the Commission, the European Parliament and the Council. For its part, the Committee continues to update and implement its strategic communication plan. This includes continuous review of its communication tools and their use, and the exploration of innovative methods. In its Communication priorities, the EESC takes into consideration the communication objectives put forward by the Commission. The EESC calls for the objectives to be clear, focussed, relevant to citizens and limited in number.

| 3.3.4 | The EESC supports the grants provided via the Plan D initiative and continues to underline the importance of transparent and less bureaucratic administrative procedures allowing all Civil Society organisations to engage in the projects. The EESC looks forward to the follow-up to the Plan D exercise, called ‘Debate Europe’, as announced by the Commission. |
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3.3.4

The EESC supports the grants provided via the Plan D initiative and continues to underline the importance of transparent and less bureaucratic administrative procedures allowing all Civil Society organisations to engage in the projects. The EESC looks forward to the follow-up to the Plan D exercise, called ‘Debate Europe’, as announced by the Commission.

4.   Recalling the Committee's previous recommendations

| 4.1 | The Committee recalls its previous recommendations to the Commission (in the context of communication): those set out in the annex to its October 2005 opinion on ‘The Reflection Period: structure, themes and framework for an evaluation of the debate on the European Union’ (CESE 1249/2005); its December 2005 opinion on the Commission's contribution to the reflection and beyond: Plan D for Democracy, Dialogue and Debate (CESE 1499/2005); and its July 2006 opinion on the White Paper on a European communication policy (CESE 972/2006). |
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4.1

The Committee recalls its previous recommendations to the Commission (in the context of communication): those set out in the annex to its October 2005 opinion on ‘The Reflection Period: structure, themes and framework for an evaluation of the debate on the European Union’ (CESE 1249/2005); its December 2005 opinion on the Commission's contribution to the reflection and beyond: Plan D for Democracy, Dialogue and Debate (CESE 1499/2005); and its July 2006 opinion on the White Paper on a European communication policy (CESE 972/2006).

Brussels, 22 April 2008

The President

of the European Economic and Social Committee

Dimitris DIMITRIADIS

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(1)  OJ C 28, 3.2.2006, p. 42-46.

1

(2)  OJ C 65, 17.3.2006, p. 92-93.

2

(3)  OJ C 309, 16.12.2006, p. 115-119.

3

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