# Official Journal C 140/28 A

| | ISSN 1977-091X |
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| Official Journal
  of the European Union | C 140 |
| | |
| English edition | Information and Notices | Volume 5828 April 2015 |

ISSN 1977-091X

Official Journal

of the European Union

C 140

English edition

Information and Notices

Volume 5828 April 2015

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| Notice No | Contents | page |
| --- | --- | --- |
| | I   Resolutions, recommendations and opinions |
| | RESOLUTIONS |
| | Committee of the Regions |
| | 110th plenary session, 11—13 February 2015 |
| 2015/C 140/01 | Resolution on the European Commission's work programme 2015 | 1 |
| | OPINIONS |
| | Committee of the Regions |
| | 110th plenary session, 11—13 February 2015 |
| 2015/C 140/02 | Opinion of the European Committee of the Regions — The Transatlantic Trade and Investment Partnership (TTIP) | 7 |
| 2015/C 140/03 | Opinion of the European Committee of the Regions — Extending geographical indication protection to non-agricultural products | 13 |
| 2015/C 140/04 | Opinion of the European Committee of the Regions — An EU Strategic Framework on Health and Safety at Work 2014-2020 | 16 |
| 2015/C 140/05 | Opinion of the European Committee of the Regions — Green Action Plan for SMEs and Green Employment Initiative | 22 |
| 2015/C 140/06 | Opinion of the European Committee of the Regions — Guidelines on the application of the measures linking the effectiveness of the European Structural and Investment Funds (ESIF) to sound economic governance | 28 |
| 2015/C 140/07 | Opinion of the European Committee of the Regions — Local and regional authorities and the multilevel protection of the rule of law and fundamental rights in the EU | 32 |

Notice No

Contents

page

I   Resolutions, recommendations and opinions

RESOLUTIONS

Committee of the Regions

110th plenary session, 11—13 February 2015

2015/C 140/01

Resolution on the European Commission's work programme 2015

1

OPINIONS

Committee of the Regions

110th plenary session, 11—13 February 2015

2015/C 140/02

Opinion of the European Committee of the Regions — The Transatlantic Trade and Investment Partnership (TTIP)

7

2015/C 140/03

Opinion of the European Committee of the Regions — Extending geographical indication protection to non-agricultural products

13

2015/C 140/04

Opinion of the European Committee of the Regions — An EU Strategic Framework on Health and Safety at Work 2014-2020

16

2015/C 140/05

Opinion of the European Committee of the Regions — Green Action Plan for SMEs and Green Employment Initiative

22

2015/C 140/06

Opinion of the European Committee of the Regions — Guidelines on the application of the measures linking the effectiveness of the European Structural and Investment Funds (ESIF) to sound economic governance

28

2015/C 140/07

Opinion of the European Committee of the Regions — Local and regional authorities and the multilevel protection of the rule of law and fundamental rights in the EU

32

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| | III   Preparatory acts |
| --- | --- |
| | COMMITTEE OF THE REGIONS |
| 2015/C 140/08 | Opinion of the European Committee of the Regions — Towards a circular economy: review of EU waste legislation | 37 |
| 2015/C 140/09 | Opinion of the European Committee of the Regions — Interoperability as a means for modernising the public sector | 47 |

III   Preparatory acts

COMMITTEE OF THE REGIONS

2015/C 140/08

Opinion of the European Committee of the Regions — Towards a circular economy: review of EU waste legislation

37

2015/C 140/09

Opinion of the European Committee of the Regions — Interoperability as a means for modernising the public sector

47

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| EN | |
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EN

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I Resolutions, recommendations and opinions

RESOLUTIONS

Committee of the Regions

110th plenary session, 11—13 February 2015

| 28.4.2015 | EN | Official Journal of the European Union | C 140/1 |
| --- | --- | --- | --- |

28.4.2015

EN

Official Journal of the European Union

C 140/1

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Resolution on the European Commission's work programme 2015

(2015/C 140/01)

THE EUROPEAN COMMITTEE OF THE REGIONS

having regard to the European Commission's Communication on its ‘Work programme 2015’ and to the cooperation agreement between the CoR and the European Commission:

| 1. | welcomes the Commission's determination to reach out to EU citizens in order to build their trust in the EU; emphasises the role Europe's cities and regions can play to that effect; |
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1.

welcomes the Commission's determination to reach out to EU citizens in order to build their trust in the EU; emphasises the role Europe's cities and regions can play to that effect;

| 2. | welcomes the emphasis put by the Commission work programme on the principles of subsidiarity and proportionality and recalls that the CoR conducts subsidiarity monitoring to ensure that the added value of EU legislative action supports the more integrated policy approach, i.e. through working across portfolios; calls for the systematic territorial impact assessment of all new EU initiatives including REFIT; |
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2.

welcomes the emphasis put by the Commission work programme on the principles of subsidiarity and proportionality and recalls that the CoR conducts subsidiarity monitoring to ensure that the added value of EU legislative action supports the more integrated policy approach, i.e. through working across portfolios; calls for the systematic territorial impact assessment of all new EU initiatives including REFIT;

| 3. | recalls its determination to become involved in the entire legislative cycle in the areas where it can contribute by virtue of its competences and requests the Commission to be consulted on proposals which are substantially modified during the legislative process; |
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3.

recalls its determination to become involved in the entire legislative cycle in the areas where it can contribute by virtue of its competences and requests the Commission to be consulted on proposals which are substantially modified during the legislative process;

| 4. | calls for an inter-institutional alliance to upgrade and complete infrastructures in the European Union, emphasising the utmost importance of dealing with bottle-necks, bridging the gaps between nodes and networks together with cross-border sections, since it considers connectivity and accessibility of all regions in terms of, transport, energy, telecommunications and digital infrastructure and services to be key for European territorial development and solidarity; |
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4.

calls for an inter-institutional alliance to upgrade and complete infrastructures in the European Union, emphasising the utmost importance of dealing with bottle-necks, bridging the gaps between nodes and networks together with cross-border sections, since it considers connectivity and accessibility of all regions in terms of, transport, energy, telecommunications and digital infrastructure and services to be key for European territorial development and solidarity;

| 5. | invites the Commission to address the still existing gaps in the European single market and to give particular attention to border regions; in this respect asks the Commission to develop common initiatives to be carried out with the support of its Platform for European Groupings for Territorial Cooperation (EGTC); special attention should also be given to regions with severe and permanent demographic disadvantages, as stipulated in the TFEU; |
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5.

invites the Commission to address the still existing gaps in the European single market and to give particular attention to border regions; in this respect asks the Commission to develop common initiatives to be carried out with the support of its Platform for European Groupings for Territorial Cooperation (EGTC); special attention should also be given to regions with severe and permanent demographic disadvantages, as stipulated in the TFEU;

| 6. | in this regard, calls on the European Commission to take into account in its initiatives the particular situation of the outermost regions, whose specific characteristics and need for adapted regulations are clearly defined in Article 349 TFEU, with a view to achieving their full participation in the European single market; |
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6.

in this regard, calls on the European Commission to take into account in its initiatives the particular situation of the outermost regions, whose specific characteristics and need for adapted regulations are clearly defined in Article 349 TFEU, with a view to achieving their full participation in the European single market;

| 7. | welcomes the Commission's commitment to receive the views of the co-legislators before proceeding with the withdrawal of the legislative proposals set out in Annex II of the work programme and requires to be accorded a like opportunity; calls on the Commission not to withdraw the circular economy proposal; considers that current waste legislation needs to be reviewed at the earliest opportunity; |
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7.

welcomes the Commission's commitment to receive the views of the co-legislators before proceeding with the withdrawal of the legislative proposals set out in Annex II of the work programme and requires to be accorded a like opportunity; calls on the Commission not to withdraw the circular economy proposal; considers that current waste legislation needs to be reviewed at the earliest opportunity;

| 8. | supports the Commission's efforts to lighten the regulatory burden in order to promote investment, growth and jobs provided these do not compromise Europe's high levels of social, health and environmental protection and consumer choice; requests to be invited to participate in working groups on the simplification of European legislation as regional and local authorities are in many cases the implementing authority of EU law; |
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8.

supports the Commission's efforts to lighten the regulatory burden in order to promote investment, growth and jobs provided these do not compromise Europe's high levels of social, health and environmental protection and consumer choice; requests to be invited to participate in working groups on the simplification of European legislation as regional and local authorities are in many cases the implementing authority of EU law;

| 9. | regrets that the work programme omits reference to specific initiatives in cohesion policy, rural development, the tourism industry and environment; regrets in particular the absence of new initiatives concerning the urban agenda, macro-regional strategies, territorial cohesion and demographic challenges; invites the Commission to work together with the CoR in developing initiatives in these areas. |
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9.

regrets that the work programme omits reference to specific initiatives in cohesion policy, rural development, the tourism industry and environment; regrets in particular the absence of new initiatives concerning the urban agenda, macro-regional strategies, territorial cohesion and demographic challenges; invites the Commission to work together with the CoR in developing initiatives in these areas.

Jobs, Growth and Investment

| 10. | notes the European Fund for Strategic Investments (EFSI) intended to mobilise EUR 315 billion in additional investments in strategic areas over the coming three years; |
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10.

notes the European Fund for Strategic Investments (EFSI) intended to mobilise EUR 315 billion in additional investments in strategic areas over the coming three years;

| 11. | underlines that the Investment Plan for Europe and the EFSI are complementary to cohesion policy and that strong synergies between the new EFSI and the operational programmes of the European Structural and Investment Funds (ESIF) will be crucial in order to ensure coherence between investment projects and regional and local development strategies; recommends an adequate involvement of local and regional authorities in the process of project selection as well as the organisation of decentralised investment fora; |
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11.

underlines that the Investment Plan for Europe and the EFSI are complementary to cohesion policy and that strong synergies between the new EFSI and the operational programmes of the European Structural and Investment Funds (ESIF) will be crucial in order to ensure coherence between investment projects and regional and local development strategies; recommends an adequate involvement of local and regional authorities in the process of project selection as well as the organisation of decentralised investment fora;

| 12. | applauds the fact that Commission's Communication on how to apply the flexibility margins foreseen by the Growth and Stability Pact takes up the CoR's call for exempting national co-financing of EFSI and ESIF projects from the Stability and Growth Pact rules. The CoR is indeed convinced that a wider application of the ‘investment clause’ will hugely help removing obstacles to a relaunch of growth-enhancing investments; |
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12.

applauds the fact that Commission's Communication on how to apply the flexibility margins foreseen by the Growth and Stability Pact takes up the CoR's call for exempting national co-financing of EFSI and ESIF projects from the Stability and Growth Pact rules. The CoR is indeed convinced that a wider application of the ‘investment clause’ will hugely help removing obstacles to a relaunch of growth-enhancing investments;

| 13. | is concerned about the continuing payments crisis in the EU budget and the steadily increasing level of unpaid bills. Expects, therefore, the European Commission to rapidly come forward with the plan to wind down the unpaid bills backlog it had committed to present as part of institutional agreement on the budget 2014 procedure. The revision of the multiannual financial framework should in a second stage provide the opportunity for a structural solution to avoid the unpaid bills backlog turning into EU structural debt. The revision should also include a reform of the EU’s own resources system with the aim of reducing the vulnerability of EU finances to national disputes and aligning with the mid-term review of the Europe 2020 strategy; |
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13.

is concerned about the continuing payments crisis in the EU budget and the steadily increasing level of unpaid bills. Expects, therefore, the European Commission to rapidly come forward with the plan to wind down the unpaid bills backlog it had committed to present as part of institutional agreement on the budget 2014 procedure. The revision of the multiannual financial framework should in a second stage provide the opportunity for a structural solution to avoid the unpaid bills backlog turning into EU structural debt. The revision should also include a reform of the EU’s own resources system with the aim of reducing the vulnerability of EU finances to national disputes and aligning with the mid-term review of the Europe 2020 strategy;

| 14. | proposes in the framework of the mid-term review of the Europe 2020 strategy that an indicator relating to the investment rate be included in the macroeconomic scoreboard; |
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14.

proposes in the framework of the mid-term review of the Europe 2020 strategy that an indicator relating to the investment rate be included in the macroeconomic scoreboard;

| 15. | urges the Commission to also assess the impact of the new ESA 2010 rules on the ability of local and regional authorities to invest; |
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15.

urges the Commission to also assess the impact of the new ESA 2010 rules on the ability of local and regional authorities to invest;

| 16. | welcomes the Commission's focus on combatting unemployment and stresses the need for strong measures in this area, with the close involvement of local and regional authorities and their associations; congratulates the European Commission on its proposal presented on 4 February 2015 to make EUR 1 billion available in 2015 to drastically increase the pre-financing that Member States receive in the framework of the Youth Employment Initiative and invites the European Commission to organise a structured dialogue with the CoR and the territorial associations to evaluate together how the European youth guarantee scheme could be better implemented on the ground; |
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16.

welcomes the Commission's focus on combatting unemployment and stresses the need for strong measures in this area, with the close involvement of local and regional authorities and their associations; congratulates the European Commission on its proposal presented on 4 February 2015 to make EUR 1 billion available in 2015 to drastically increase the pre-financing that Member States receive in the framework of the Youth Employment Initiative and invites the European Commission to organise a structured dialogue with the CoR and the territorial associations to evaluate together how the European youth guarantee scheme could be better implemented on the ground;

| 17. | urges the Commission and Member States to add a territorial dimension to the revised Europe 2020 Strategy and to align the European Semester to the long-term goals of Europe 2020; calls on the Commission to ensure the involvement of sub-national levels of government in the review of economic governance processes, including the European Semester; considers resource efficiency as a key element of the Europe 2020 Strategy to achieve sustainable growth and urges the Commission and the Member States to introduce a resource productivity headline target. |
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17.

urges the Commission and Member States to add a territorial dimension to the revised Europe 2020 Strategy and to align the European Semester to the long-term goals of Europe 2020; calls on the Commission to ensure the involvement of sub-national levels of government in the review of economic governance processes, including the European Semester; considers resource efficiency as a key element of the Europe 2020 Strategy to achieve sustainable growth and urges the Commission and the Member States to introduce a resource productivity headline target.

| 18. | regrets that the European Commission's mid-term review of the Europe 2020 strategy, whose publication was expected for February 2015, is postponed; urges the Commission to present its proposals for the review of the strategy as soon as possible. |
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18.

regrets that the European Commission's mid-term review of the Europe 2020 strategy, whose publication was expected for February 2015, is postponed; urges the Commission to present its proposals for the review of the strategy as soon as possible.

Digital Single Market

| 19. | underlines the importance of completing the Digital Single Market in order to increase competitiveness of the regional business system, not least by means of incentives for investments in information and communication technologies; underlines the need to bridge the digital divide between urban and rural areas in Europe as a matter of urgency, to develop new and trustworthy public e-services and e-government accessible to all and to implement measures to increase citizens' digital literacy, initiatives that provide the necessary mechanisms to help solve the problems raised by the demographic challenges facing some parts of Europe's regions; suggests to improve the implementation of the Digital Agenda through a stronger territorial dimension of the annual Digital Forum. |
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19.

underlines the importance of completing the Digital Single Market in order to increase competitiveness of the regional business system, not least by means of incentives for investments in information and communication technologies; underlines the need to bridge the digital divide between urban and rural areas in Europe as a matter of urgency, to develop new and trustworthy public e-services and e-government accessible to all and to implement measures to increase citizens' digital literacy, initiatives that provide the necessary mechanisms to help solve the problems raised by the demographic challenges facing some parts of Europe's regions; suggests to improve the implementation of the Digital Agenda through a stronger territorial dimension of the annual Digital Forum.

Energy Union, Climate Change and Environment Policy

| 20. | welcomes the proposed strategic framework for the Energy Union and calls for the new strategy to be based on realistic local and regional solutions for energy, climate change mitigation, and adaptation as well as sustainable development; asks the Commission to more closely associate the CoR on key aspects of local and regional interest in the areas of energy security, renewable energies, the internal energy market and Green House Gas (GHG) emissions reduction, notably retail energy markets and affordable energy, as well as decentralised energy production, new energy governance and the empowerment of citizens as energy consumers and producers; also asks the Commission to involve the CoR in the Citizen's Energy Forum and the Smart Cities programme activities; |
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20.

welcomes the proposed strategic framework for the Energy Union and calls for the new strategy to be based on realistic local and regional solutions for energy, climate change mitigation, and adaptation as well as sustainable development; asks the Commission to more closely associate the CoR on key aspects of local and regional interest in the areas of energy security, renewable energies, the internal energy market and Green House Gas (GHG) emissions reduction, notably retail energy markets and affordable energy, as well as decentralised energy production, new energy governance and the empowerment of citizens as energy consumers and producers; also asks the Commission to involve the CoR in the Citizen's Energy Forum and the Smart Cities programme activities;

| 21. | stresses the important contribution of cities and regions in relation to energy supply and security issues and the future of energy policy and the role of Energy Union and suggests a strategic partnership between the Commission, the EIB and the CoR to develop concrete action plans; |
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21.

stresses the important contribution of cities and regions in relation to energy supply and security issues and the future of energy policy and the role of Energy Union and suggests a strategic partnership between the Commission, the EIB and the CoR to develop concrete action plans;

| 22. | asks the Commission to involve the CoR in the preparations of the legislative proposals to implement the 2030 Climate and Energy package; |
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22.

asks the Commission to involve the CoR in the preparations of the legislative proposals to implement the 2030 Climate and Energy package;

| 23. | stresses the importance of involving the regional system in order to secure more effective systemic governance of energy and climate policies; |
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23.

stresses the importance of involving the regional system in order to secure more effective systemic governance of energy and climate policies;

| 24. | calls on the Commission to strengthen and integrate the Covenant of Mayors with the Mayors Adapt initiative and to extend their time-horizon beyond 2020 in order to achieve the necessary coordination of energy and climate policy issues; underlines the key role it has to play in mobilising the local and regional authorities and seeks to be closely involved in the future development of these instruments; |
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24.

calls on the Commission to strengthen and integrate the Covenant of Mayors with the Mayors Adapt initiative and to extend their time-horizon beyond 2020 in order to achieve the necessary coordination of energy and climate policy issues; underlines the key role it has to play in mobilising the local and regional authorities and seeks to be closely involved in the future development of these instruments;

| 25. | seeks to contribute to the preparation of the EU position for the UNFCCC COP21 in Paris, and calls on the Commission to fully involve the CoR in all related negotiations and activities; |
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25.

seeks to contribute to the preparation of the EU position for the UNFCCC COP21 in Paris, and calls on the Commission to fully involve the CoR in all related negotiations and activities;

| 26. | considers that the Commission should present in 2015 a Communication on the use of land as a resource, should undertake a thorough mid-term review of the EU Biodiversity Strategy and should draw up a new proposal for a Directive on access to justice in environment matters, and a legislative proposal on environmental inspections and enforcement, while it is necessary to check carefully that new legislative proposals or the provisions they contain are consistent with the subsidiarity and proportionality principles; |
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26.

considers that the Commission should present in 2015 a Communication on the use of land as a resource, should undertake a thorough mid-term review of the EU Biodiversity Strategy and should draw up a new proposal for a Directive on access to justice in environment matters, and a legislative proposal on environmental inspections and enforcement, while it is necessary to check carefully that new legislative proposals or the provisions they contain are consistent with the subsidiarity and proportionality principles;

| 27. | welcomes the emphasis placed in the European Commission Work Programme 2015 on a closer partnership with regions and cities for a better implementation of environmental legislation; looks forward, therefore, to stepping up the activities of the CoR/European Commission Technical Platform for Cooperation on the Environment as mentioned in the European Union 7th Environment Action Programme 2014-2020; |
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27.

welcomes the emphasis placed in the European Commission Work Programme 2015 on a closer partnership with regions and cities for a better implementation of environmental legislation; looks forward, therefore, to stepping up the activities of the CoR/European Commission Technical Platform for Cooperation on the Environment as mentioned in the European Union 7th Environment Action Programme 2014-2020;

| 28. | reiterates its call on the Commission to propose measures to guarantee a balanced milk market when milk quotas end on 31 March 2015, so as to prevent negative social and economic consequences, and risks to long-term investment in the sector; |
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28.

reiterates its call on the Commission to propose measures to guarantee a balanced milk market when milk quotas end on 31 March 2015, so as to prevent negative social and economic consequences, and risks to long-term investment in the sector;

Internal Market

| 29. | points out that is vital to foster investment in innovation and strengthen the European industry if the EU is to maintain a competitive advantage in the global economy; |
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29.

points out that is vital to foster investment in innovation and strengthen the European industry if the EU is to maintain a competitive advantage in the global economy;

| 30. | calls for a follow-up to the Green Paper on a possible extension of geographical indication protection of the European Union to non-agricultural products (1); |
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30.

calls for a follow-up to the Green Paper on a possible extension of geographical indication protection of the European Union to non-agricultural products (1);

| 31. | welcomes the focus on SMEs and highlights their contribution to growth and job creation at regional and local level in the EU; underlines its readiness to cooperate in the creation of a network of regional SME envoys; expects the new proposals regarding a Capital Market Union to help improve access to finance for SMEs; |
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31.

welcomes the focus on SMEs and highlights their contribution to growth and job creation at regional and local level in the EU; underlines its readiness to cooperate in the creation of a network of regional SME envoys; expects the new proposals regarding a Capital Market Union to help improve access to finance for SMEs;

| 32. | welcomes the Commission's commitment to present a Labour Mobility Package, which should include a proposal for a revision of the Posting of Workers Directive; calls on the Commission to further clarify the entitlement to social security rights and other benefits for citizens having exercised their right of free movement; urges the Commission to also take into account the negative effects of labour mobility such as brain drain and skills mismatch; |
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32.

welcomes the Commission's commitment to present a Labour Mobility Package, which should include a proposal for a revision of the Posting of Workers Directive; calls on the Commission to further clarify the entitlement to social security rights and other benefits for citizens having exercised their right of free movement; urges the Commission to also take into account the negative effects of labour mobility such as brain drain and skills mismatch;

| 33. | with a view to strengthening the social economy and social entrepreneurship within the EU, urges the Commission to submit proposals for European statutes for mutual societies and associations and a revised proposal on the Statute for a European Cooperative Society, and to maintain its proposal on the European Foundation Statute; |
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33.

with a view to strengthening the social economy and social entrepreneurship within the EU, urges the Commission to submit proposals for European statutes for mutual societies and associations and a revised proposal on the Statute for a European Cooperative Society, and to maintain its proposal on the European Foundation Statute;

| 34. | calls on the Commission to continue its efforts to ensure that the financial sector becomes both safer and better able to perform its role of financing the real economy; awaits, in particular, the proposal on the resolution of financial institutions other than banks. |
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34.

calls on the Commission to continue its efforts to ensure that the financial sector becomes both safer and better able to perform its role of financing the real economy; awaits, in particular, the proposal on the resolution of financial institutions other than banks.

Economic and Monetary Union

| 35. | welcomes the Commission's intention to review the Economic and Monetary Union, including its social dimension, and invites the Commission to closely work with the CoR to come forward with concrete proposals; |
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35.

welcomes the Commission's intention to review the Economic and Monetary Union, including its social dimension, and invites the Commission to closely work with the CoR to come forward with concrete proposals;

| 36. | welcomes the Commission's objective of stepping up efforts to combat tax evasion and tax fraud and to move to a system in which the country where profits are generated is also the country of taxation; supports the Commission's effort to make a proposal on the automatic exchange of information between tax authorities on cross-border tax rulings. |
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36.

welcomes the Commission's objective of stepping up efforts to combat tax evasion and tax fraud and to move to a system in which the country where profits are generated is also the country of taxation; supports the Commission's effort to make a proposal on the automatic exchange of information between tax authorities on cross-border tax rulings.

Free Trade Agreements

| 37. | urges the Commission to deliver a strategy paper outlining the EU’s wider trade policy objectives which would set higher transparency and consultation standards during the negotiations and guaranteeing meaningful market access, the promotion of high environmental and social standards and the full respect of the autonomy of public authorities at all levels in carrying out public services; |
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37.

urges the Commission to deliver a strategy paper outlining the EU’s wider trade policy objectives which would set higher transparency and consultation standards during the negotiations and guaranteeing meaningful market access, the promotion of high environmental and social standards and the full respect of the autonomy of public authorities at all levels in carrying out public services;

| 38. | supports the Commission's recent efforts to increase transparency in the negotiations of trade agreements and in particular the Transatlantic Trade and Investment Partnership (TTIP); insists that small scale local and regional economies should not be negatively affected by the outcome of the negotiations, that regionally labelled food products should continue to be protected and that European health and environment standards as well as the legal structures and procedures of the EU and the Member States will be safeguarded; expects the cultural and media sovereignty of the Member States to be guaranteed by explicitly excluding culture and the media from the negotiating mandate; asks that it is kept informed in a transparent and regular way so that it can play its role as intermediary between the Union and local and regional authorities; |
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38.

supports the Commission's recent efforts to increase transparency in the negotiations of trade agreements and in particular the Transatlantic Trade and Investment Partnership (TTIP); insists that small scale local and regional economies should not be negatively affected by the outcome of the negotiations, that regionally labelled food products should continue to be protected and that European health and environment standards as well as the legal structures and procedures of the EU and the Member States will be safeguarded; expects the cultural and media sovereignty of the Member States to be guaranteed by explicitly excluding culture and the media from the negotiating mandate; asks that it is kept informed in a transparent and regular way so that it can play its role as intermediary between the Union and local and regional authorities;

| 39. | calls on the Commission to associate the CoR in the follow-up of the negotiations on the Trade in Services Agreement (TiSA), which is due to replace the General Agreement on Trade in Services (GATS), considering that key provisions under negotiation — such as scope, definitions, market access, national treatment and exemptions in relation to the provision of services — relate to the competencies of local and regional authorities; |
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39.

calls on the Commission to associate the CoR in the follow-up of the negotiations on the Trade in Services Agreement (TiSA), which is due to replace the General Agreement on Trade in Services (GATS), considering that key provisions under negotiation — such as scope, definitions, market access, national treatment and exemptions in relation to the provision of services — relate to the competencies of local and regional authorities;

| 40. | urges the Commission to develop a communication strategy to inform people about the potential benefits of such trade agreements for the daily lives of European citizens. |
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40.

urges the Commission to develop a communication strategy to inform people about the potential benefits of such trade agreements for the daily lives of European citizens.

An Area of Justice and Fundamental Rights

| 41. | notes the Commission's commitment to equality of opportunity for people with disabilities and equality between men and women, but regrets the absence of specific new initiatives; |
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41.

notes the Commission's commitment to equality of opportunity for people with disabilities and equality between men and women, but regrets the absence of specific new initiatives;

| 42. | supports the Commission's efforts to put in place a comprehensive European policy on migration that protects EU borders, fights human trafficking and irregular immigration, while respecting migrants' fundamental rights, creating safe and legal ways for migrants to reach the EU, enhancing cooperation with countries of origin and transit, building genuine solidarity among the EU Member States and fostering European competitiveness by enhancing the potential of migrants to contribute to the economies of EU Member States; |
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42.

supports the Commission's efforts to put in place a comprehensive European policy on migration that protects EU borders, fights human trafficking and irregular immigration, while respecting migrants' fundamental rights, creating safe and legal ways for migrants to reach the EU, enhancing cooperation with countries of origin and transit, building genuine solidarity among the EU Member States and fostering European competitiveness by enhancing the potential of migrants to contribute to the economies of EU Member States;

| 43. | calls for a coordinated immigration policy and underlines that the proposed new approach to migration has to include measures and instruments reflecting the important role and capacity of local and regional authorities in the reception and integration of migrants based on the principles of solidarity; |
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43.

calls for a coordinated immigration policy and underlines that the proposed new approach to migration has to include measures and instruments reflecting the important role and capacity of local and regional authorities in the reception and integration of migrants based on the principles of solidarity;

| 44. | invites the Commission to launch together with the CoR a consultation of local and regional authorities to better evaluate the existing challenges on the ground before launching new European initiatives and legislation. |
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44.

invites the Commission to launch together with the CoR a consultation of local and regional authorities to better evaluate the existing challenges on the ground before launching new European initiatives and legislation.

The EU as Global Actor

| 45. | welcomes the Commission's intention to review the European Neighbourhood Policy to which the CoR will contribute via ARLEM and CORLEAP and calls for a strengthening of the mechanisms and programmes for cooperation between the EU and partner local and regional authorities and calls for stepping up initiatives supporting decentralisation processes in the partner countries; proposes to expand the scope of the Local Administration Facility programme to all the partner countries; |
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45.

welcomes the Commission's intention to review the European Neighbourhood Policy to which the CoR will contribute via ARLEM and CORLEAP and calls for a strengthening of the mechanisms and programmes for cooperation between the EU and partner local and regional authorities and calls for stepping up initiatives supporting decentralisation processes in the partner countries; proposes to expand the scope of the Local Administration Facility programme to all the partner countries;

| 46. | welcomes the Commission's intention to publish a Communication on the post-2015 Sustainable Development Goals and stands ready to contribute the experience and initiatives of local and regional authorities as key partners in decentralised cooperation for development; asks to be closely associated to the development of the EU's position in the global negotiations and to the initiatives in the European Year for Development 2015. |
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46.

welcomes the Commission's intention to publish a Communication on the post-2015 Sustainable Development Goals and stands ready to contribute the experience and initiatives of local and regional authorities as key partners in decentralised cooperation for development; asks to be closely associated to the development of the EU's position in the global negotiations and to the initiatives in the European Year for Development 2015.

Governance and citizenship

| 47. | welcomes the European Commission's commitment to propose a new Inter-Institutional Agreement on Better Law Making to which it asks to be associated; |
| --- | --- |

47.

welcomes the European Commission's commitment to propose a new Inter-Institutional Agreement on Better Law Making to which it asks to be associated;

| 48. | strongly welcomes that cutting red-tape is prioritised; the effective identification of red-tape, in particular with the support of local and regional authorities and businesses, will be crucial to increasing impact; |
| --- | --- |

48.

strongly welcomes that cutting red-tape is prioritised; the effective identification of red-tape, in particular with the support of local and regional authorities and businesses, will be crucial to increasing impact;

| 49. | considers restoring trust in the European Union a very important priority and invites the European Commission to further develop the inter-institutional partnership on decentralised communication; will continue to promote active EU citizenship and follow the revision of the Regulation on the European Citizens' Initiative; |
| --- | --- |

49.

considers restoring trust in the European Union a very important priority and invites the European Commission to further develop the inter-institutional partnership on decentralised communication; will continue to promote active EU citizenship and follow the revision of the Regulation on the European Citizens' Initiative;

| 50. | notes the European Commission's intention to propose a new inter-institutional agreement which includes the Council, on a mandatory transparency register, and demands that the Commission submit a legislative proposal for the establishment of such a register on the basis of Article 352 TFEU. Local and regional institutions and their representative associations should not be required to register in this, as local and regional authorities are an integral part of the EU's multilevel institutional system, whose representatives are democratically elected by the citizens and do not represent partisan interests; |
| --- | --- |

50.

notes the European Commission's intention to propose a new inter-institutional agreement which includes the Council, on a mandatory transparency register, and demands that the Commission submit a legislative proposal for the establishment of such a register on the basis of Article 352 TFEU. Local and regional institutions and their representative associations should not be required to register in this, as local and regional authorities are an integral part of the EU's multilevel institutional system, whose representatives are democratically elected by the citizens and do not represent partisan interests;

| 51. | instructs the president to forward this resolution to the European Commission, the European Parliament, the Council and the President of the European Council. |
| --- | --- |

51.

instructs the president to forward this resolution to the European Commission, the European Parliament, the Council and the President of the European Council.

Brussels, 12 February 2015.

The president of the European Committee of the Regions

Markku MARKKULA

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(1)  COM(2014) 469 final.

1

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OPINIONS

Committee of the Regions

110th plenary session, 11—13 February 2015

| 28.4.2015 | EN | Official Journal of the European Union | C 140/7 |
| --- | --- | --- | --- |

28.4.2015

EN

Official Journal of the European Union

C 140/7

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Opinion of the European Committee of the Regions — The Transatlantic Trade and Investment Partnership (TTIP)

(2015/C 140/02)

| Rapporteur | : | Markus Töns (DE/PES), Member of the North Rhine-Westphalia Landtag |
| --- | --- | --- |
| Reference document | : | |

Rapporteur

:

Markus Töns (DE/PES), Member of the North Rhine-Westphalia Landtag

Reference document

:

I.   GENERAL COMMENTS

THE EUROPEAN COMMITTEE OF THE REGIONS

| 1. | points out that the European Union is more than just an economic community, rather as a community of values that — as stated in the preamble to the EU Charter of Fundamental Rights — places the individual at the heart of its activities, and that the EU works towards fostering shared values whilst respecting the diversity of cultures and traditions of Europe's peoples as well as the national identity of the Member States and their organisation of state powers at national, regional and local level; |
| --- | --- |

1.

points out that the European Union is more than just an economic community, rather as a community of values that — as stated in the preamble to the EU Charter of Fundamental Rights — places the individual at the heart of its activities, and that the EU works towards fostering shared values whilst respecting the diversity of cultures and traditions of Europe's peoples as well as the national identity of the Member States and their organisation of state powers at national, regional and local level;

| 2. | underlines that a deal on TTIP could give a much-needed stimulus to the European economy, lead to significant growth of the European GDP and the creation of new high-quality jobs; |
| --- | --- |

2.

underlines that a deal on TTIP could give a much-needed stimulus to the European economy, lead to significant growth of the European GDP and the creation of new high-quality jobs;

| 3. | recalls that the outcome of the TTIP could create binding rules on both sides of the Atlantic for all levels of the states down to local authorities and could thereby apply to around 820 million people and would pave the way for future bilateral and multilateral trade and investment agreements, including the Trade in Services Agreement (TiSA); these negotiations are therefore of utmost importance for the lives of all citizens of the EU and USA and should therefore be conducted in a fair and transparent way while bearing in mind their best interest; |
| --- | --- |

3.

recalls that the outcome of the TTIP could create binding rules on both sides of the Atlantic for all levels of the states down to local authorities and could thereby apply to around 820 million people and would pave the way for future bilateral and multilateral trade and investment agreements, including the Trade in Services Agreement (TiSA); these negotiations are therefore of utmost importance for the lives of all citizens of the EU and USA and should therefore be conducted in a fair and transparent way while bearing in mind their best interest;

| 4. | welcomes the acknowledgement in the negotiating guidelines of the negotiators' right to ‘adopt, maintain and enforce measures necessary to pursue legitimate policy objectives such as protecting society, the environment and public health, ensuring the integrity and stability of the financial system, promoting public security and safety, and promoting and protecting cultural diversity’; |
| --- | --- |

4.

welcomes the acknowledgement in the negotiating guidelines of the negotiators' right to ‘adopt, maintain and enforce measures necessary to pursue legitimate policy objectives such as protecting society, the environment and public health, ensuring the integrity and stability of the financial system, promoting public security and safety, and promoting and protecting cultural diversity’;

| 5. | points out that the negotiations on the transatlantic free trade agreement cover areas that fall within the remit of all government and administrative levels, including local and regional authorities, and calls on the European Commission, in the light of this substantial regional and local dimension of the agreement, to include the Committee, as the EU's assembly of local and regional representatives, in the EU Commission's TTIP advisory group to ensure the timely involvement and participation of the local and regional level in the negotiations; |
| --- | --- |

5.

points out that the negotiations on the transatlantic free trade agreement cover areas that fall within the remit of all government and administrative levels, including local and regional authorities, and calls on the European Commission, in the light of this substantial regional and local dimension of the agreement, to include the Committee, as the EU's assembly of local and regional representatives, in the EU Commission's TTIP advisory group to ensure the timely involvement and participation of the local and regional level in the negotiations;

| 6. | regrets however that, so far, the European Commission has not included the European Committee of the Regions as a member of the advisory group as it has done with civil society representatives; |
| --- | --- |

6.

regrets however that, so far, the European Commission has not included the European Committee of the Regions as a member of the advisory group as it has done with civil society representatives;

| 7. | underlines the need to preserve both existing and future state regulatory room for manoeuvre — especially when it comes to setting protection standards and services of general interest. Guaranteeing room for manoeuvre is vital for public utilities in particular, since they produce services of general interest; also highlights in this connection the principle of respect for local and regional self-government enshrined in the Treaties; |
| --- | --- |

7.

underlines the need to preserve both existing and future state regulatory room for manoeuvre — especially when it comes to setting protection standards and services of general interest. Guaranteeing room for manoeuvre is vital for public utilities in particular, since they produce services of general interest; also highlights in this connection the principle of respect for local and regional self-government enshrined in the Treaties;

| 8. | disagrees with the proposal to introduce more far-reaching regulatory cooperation, which would give the trade and investment partner a strong voice in the pre-legislative or legislative phase of EU, Member State and local and regional authority legislative procedures, or enable it to delay legislative procedures by calling for analyses on the impact of legislation on free trade; |
| --- | --- |

8.

disagrees with the proposal to introduce more far-reaching regulatory cooperation, which would give the trade and investment partner a strong voice in the pre-legislative or legislative phase of EU, Member State and local and regional authority legislative procedures, or enable it to delay legislative procedures by calling for analyses on the impact of legislation on free trade;

| 9. | highlights that this agreement is to benefit firms of all sizes, notably SMEs that do not have the financial, legal and other resources to cope with regulatory differences and other barriers to trade; |
| --- | --- |

9.

highlights that this agreement is to benefit firms of all sizes, notably SMEs that do not have the financial, legal and other resources to cope with regulatory differences and other barriers to trade;

| 10. | assumes that the TTIP could be an opportunity to boost growth and employment in the EU, in that it may provide reciprocal market access for trade in goods, services, investment and public procurement, and cut red tape and remove non-tariff barriers to trade (NTBs); |
| --- | --- |

10.

assumes that the TTIP could be an opportunity to boost growth and employment in the EU, in that it may provide reciprocal market access for trade in goods, services, investment and public procurement, and cut red tape and remove non-tariff barriers to trade (NTBs);

| 11. | points out that, given that customs duties average 2 %, the stimulus for growth wished for by the European Commission in particular would primarily come from harmonising regulatory requirements and removing NTBs; |
| --- | --- |

11.

points out that, given that customs duties average 2 %, the stimulus for growth wished for by the European Commission in particular would primarily come from harmonising regulatory requirements and removing NTBs;

| 12. | notes, however, that an agreement of such global scope entails risks as well as opportunities, and therefore insists that democratic participation and the powers of local and regional authorities must be safeguarded; |
| --- | --- |

12.

notes, however, that an agreement of such global scope entails risks as well as opportunities, and therefore insists that democratic participation and the powers of local and regional authorities must be safeguarded;

| 13. | welcomes the decision by the Council of the EU to publish the negotiating mandate for TTIP. The CoR regrets that this took place several months after it has already been leaked online as well as the fact that the restrictions on the negotiation mandate remain considerably elevated. They should thus be lowered to guarantee better access to the public concerning the state of negotiations; |
| --- | --- |

13.

welcomes the decision by the Council of the EU to publish the negotiating mandate for TTIP. The CoR regrets that this took place several months after it has already been leaked online as well as the fact that the restrictions on the negotiation mandate remain considerably elevated. They should thus be lowered to guarantee better access to the public concerning the state of negotiations;

| 14. | also points out that, considering the scope of the agreement between the EU and the USA, democratic control of the negotiations must be guaranteed at all times, and therefore calls on the European Commission and the Member States to ensure maximum transparency when conducting negotiations. In practice, this means that all the key documents should be published and the guidelines for negotiations should, where possible be presented in a timely, accessible and comprehensible manner to local and regional authorities, all socially relevant groups and all the citizens of the European Union; in this connection welcomes the fact that the Member States, who are adhering to a unanimous decision in the matter of publishing negotiation documents for trade agreements, asked the European Commission in early January 2015 to publish the EU's initial text proposals in several areas of negotiation; |
| --- | --- |

14.

also points out that, considering the scope of the agreement between the EU and the USA, democratic control of the negotiations must be guaranteed at all times, and therefore calls on the European Commission and the Member States to ensure maximum transparency when conducting negotiations. In practice, this means that all the key documents should be published and the guidelines for negotiations should, where possible be presented in a timely, accessible and comprehensible manner to local and regional authorities, all socially relevant groups and all the citizens of the European Union; in this connection welcomes the fact that the Member States, who are adhering to a unanimous decision in the matter of publishing negotiation documents for trade agreements, asked the European Commission in early January 2015 to publish the EU's initial text proposals in several areas of negotiation;

| 15. | underlines that TTIP amounts to a mixed agreement that is subject to approval by the European Parliament and ratification by all 28 EU Member States, which, depending on the law of each Member State, may require the approval of not just the national parliaments, but also that of the governments, parliaments and chambers representing the regional level; |
| --- | --- |

15.

underlines that TTIP amounts to a mixed agreement that is subject to approval by the European Parliament and ratification by all 28 EU Member States, which, depending on the law of each Member State, may require the approval of not just the national parliaments, but also that of the governments, parliaments and chambers representing the regional level;

| 16. | suggests that the possibility of including a revision clause in the agreement between the EU and the USA be examined, in order, if appropriate, to be able to review and amend the agreements reached, depending on their impact; |
| --- | --- |

16.

suggests that the possibility of including a revision clause in the agreement between the EU and the USA be examined, in order, if appropriate, to be able to review and amend the agreements reached, depending on their impact;

| 17. | calls on the Commission to work to embed a positive listing approach in the TTIP agreement, and rejects negative listing and ‘ratchet’ clauses; |
| --- | --- |

17.

calls on the Commission to work to embed a positive listing approach in the TTIP agreement, and rejects negative listing and ‘ratchet’ clauses;

| 18. | considers the high European standards of protection that exist for EU citizens to be an achievement worth defending at all costs, and insists that the EU Member States' existing legal standards in such areas as the protection of life, product safety, health, social, environmental, climate, foodstuff and animal protection, and consumer and data protection rights and intellectual property, as well as workers' rights, must on no account be lowered, but rather efforts should be made to raise these standards and to put public service provision on a solid footing; supports the view that the right to regulate these key areas should remain with the relevant European and national institutions alone; |
| --- | --- |

18.

considers the high European standards of protection that exist for EU citizens to be an achievement worth defending at all costs, and insists that the EU Member States' existing legal standards in such areas as the protection of life, product safety, health, social, environmental, climate, foodstuff and animal protection, and consumer and data protection rights and intellectual property, as well as workers' rights, must on no account be lowered, but rather efforts should be made to raise these standards and to put public service provision on a solid footing; supports the view that the right to regulate these key areas should remain with the relevant European and national institutions alone;

| 19. | calls on the negotiators to work towards raising these standards and, where appropriate, to adopt or recognise any higher standards of protection in the partner country, and insists that it should be possible to optimise these standards without restriction in future; a mechanism should be put in place to adjust them according to the latest scientific findings; |
| --- | --- |

19.

calls on the negotiators to work towards raising these standards and, where appropriate, to adopt or recognise any higher standards of protection in the partner country, and insists that it should be possible to optimise these standards without restriction in future; a mechanism should be put in place to adjust them according to the latest scientific findings;

| 20. | stresses that the precautionary principle is one of the fundamental principles of European environmental, health and consumer protection policy, in keeping with which measures are taken early and proactively in order to prevent both risks to human, animal and plant health and damage to the environment. Against this background, it would stress that a transatlantic free trade agreement must not result in the precautionary principle that prevails in the EU being undermined, especially in the fields of environmental, health, food and consumer protection; |
| --- | --- |

20.

stresses that the precautionary principle is one of the fundamental principles of European environmental, health and consumer protection policy, in keeping with which measures are taken early and proactively in order to prevent both risks to human, animal and plant health and damage to the environment. Against this background, it would stress that a transatlantic free trade agreement must not result in the precautionary principle that prevails in the EU being undermined, especially in the fields of environmental, health, food and consumer protection;

| 21. | holds that all important questions of detail regarding the agreement must be negotiated in full, and that there should be no subsequent delegation of regulatory questions — thereby circumventing the democratic legislative process — to special expert committees; |
| --- | --- |

21.

holds that all important questions of detail regarding the agreement must be negotiated in full, and that there should be no subsequent delegation of regulatory questions — thereby circumventing the democratic legislative process — to special expert committees;

| 22. | regrets that the global surveillance, decryption and analysis of electronic communications by secret services, including the US National Security Agency (NSA) as well as friendly secret services from EU countries, has had a lasting and negative impact on the EU public's faith in binding international data protection standards, and with this in mind calls on the parties to the agreement to guarantee the right to privacy as well as citizens' rights and freedoms, including online; |
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22.

regrets that the global surveillance, decryption and analysis of electronic communications by secret services, including the US National Security Agency (NSA) as well as friendly secret services from EU countries, has had a lasting and negative impact on the EU public's faith in binding international data protection standards, and with this in mind calls on the parties to the agreement to guarantee the right to privacy as well as citizens' rights and freedoms, including online;

| 23. | Insists that negotiations on TTIP should be linked to the conclusion of a comprehensive agreement on data protection between the EU and the USA; |
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23.

Insists that negotiations on TTIP should be linked to the conclusion of a comprehensive agreement on data protection between the EU and the USA;

| 24. | notes that the acquis communautaire includes binding provisions in the field of International Labour Organization (ILO) standards as well as labour protection and product safety, and in this connection underlines its expectation that the ILO core labour standards and the OECD Guidelines for Multinational Enterprises will be complied with, including in further TTIP negotiations; |
| --- | --- |

24.

notes that the acquis communautaire includes binding provisions in the field of International Labour Organization (ILO) standards as well as labour protection and product safety, and in this connection underlines its expectation that the ILO core labour standards and the OECD Guidelines for Multinational Enterprises will be complied with, including in further TTIP negotiations;

| 25. | objects to existing and future employee protection rights, such as the right to co-decision in workplace labour relations and other employee protection rights, being deemed non-tariff barriers to trade by TTIP; the labour market regulation, social security systems, free collective bargaining, freedom of association, right to strike, minimum wages and collective agreements of an EU Member State must also remain the responsibility of the individual Members States; |
| --- | --- |

25.

objects to existing and future employee protection rights, such as the right to co-decision in workplace labour relations and other employee protection rights, being deemed non-tariff barriers to trade by TTIP; the labour market regulation, social security systems, free collective bargaining, freedom of association, right to strike, minimum wages and collective agreements of an EU Member State must also remain the responsibility of the individual Members States;

| 26. | welcomes the fact that, according to the EU's negotiating mandate, ‘the high quality of the EU's public utilities should be preserved in accordance with the TFEU and in particular Protocol No 26 on Services of General Interest, and taking into account the EU's commitment in this area, including GATS’, but refers in this connection to the common provisions of the Treaty on European Union (TEU), according to which ‘the Union shall respect the equality of Member States before the Treaties as well as their national identities, inherent in their fundamental structures, political and constitutional, inclusive of regional and local self-government’ (Article 4(2) TEU); |
| --- | --- |

26.

welcomes the fact that, according to the EU's negotiating mandate, ‘the high quality of the EU's public utilities should be preserved in accordance with the TFEU and in particular Protocol No 26 on Services of General Interest, and taking into account the EU's commitment in this area, including GATS’, but refers in this connection to the common provisions of the Treaty on European Union (TEU), according to which ‘the Union shall respect the equality of Member States before the Treaties as well as their national identities, inherent in their fundamental structures, political and constitutional, inclusive of regional and local self-government’ (Article 4(2) TEU);

| 27. | underlines as a matter of principle that the powers of self-organisation of local and regional authorities must be guaranteed as a core part of the right to local self-government, and that the re-localisation of public services, i.e. the provision of public services by these authorities' own public bodies at all times, even after privatisation of such services, in keeping with local circumstances and the wishes of local voters must remain an unrestricted possibility; |
| --- | --- |

27.

underlines as a matter of principle that the powers of self-organisation of local and regional authorities must be guaranteed as a core part of the right to local self-government, and that the re-localisation of public services, i.e. the provision of public services by these authorities' own public bodies at all times, even after privatisation of such services, in keeping with local circumstances and the wishes of local voters must remain an unrestricted possibility;

| 28. | emphasises that the Commission's negotiating mandate does not extend beyond the constitutionally established framework, which means that Member States' protection for matters deemed to be of general interest must be respected; |
| --- | --- |

28.

emphasises that the Commission's negotiating mandate does not extend beyond the constitutionally established framework, which means that Member States' protection for matters deemed to be of general interest must be respected;

| 29. | notes that, according to point 20 of the EU's negotiating mandate, services supplied in the exercise of governmental authority are excluded from the negotiations, and calls for clarification that this excludes from the negotiations services deemed in the case law of the parties to the agreement or of each member to be supplied in the exercise of governmental authority; |
| --- | --- |

29.

notes that, according to point 20 of the EU's negotiating mandate, services supplied in the exercise of governmental authority are excluded from the negotiations, and calls for clarification that this excludes from the negotiations services deemed in the case law of the parties to the agreement or of each member to be supplied in the exercise of governmental authority;

| 30. | seeks clarification whether the public services referred to in point 19 of the EU's negotiating mandate are those that, under the case law of each party to the agreement or of each member, are subject to specific regulatory regimes or characterised by specific obligations imposed on the service providers at national, regional or local level in connection with the general interest; these include, for example, water and energy provision, waste and sewage disposal, emergency services, public health and social services, public transport, housing, urban planning measures and urban development; |
| --- | --- |

30.

seeks clarification whether the public services referred to in point 19 of the EU's negotiating mandate are those that, under the case law of each party to the agreement or of each member, are subject to specific regulatory regimes or characterised by specific obligations imposed on the service providers at national, regional or local level in connection with the general interest; these include, for example, water and energy provision, waste and sewage disposal, emergency services, public health and social services, public transport, housing, urban planning measures and urban development;

| 31. | calls on the Commission to apply a horizontal exemption for public services referred to in point 19 of the EU's negotiating mandate from all obligations entailed by the principle of market access and national treatment, and, with respect to public services, calls for a restriction to be introduced for all sectors and all existing and future measures by the parties to the agreement, for the number of services and service providers to be limited, for specific obligations to be imposed on service providers, and for the provision of these services to be regulated in accordance with the general interest; |
| --- | --- |

31.

calls on the Commission to apply a horizontal exemption for public services referred to in point 19 of the EU's negotiating mandate from all obligations entailed by the principle of market access and national treatment, and, with respect to public services, calls for a restriction to be introduced for all sectors and all existing and future measures by the parties to the agreement, for the number of services and service providers to be limited, for specific obligations to be imposed on service providers, and for the provision of these services to be regulated in accordance with the general interest;

| 32. | considers it unnecessary to further open up, inter alia, pre-school, school, higher, adult and continuing education services with mixed public-private financing, since the multilateral GATS agreement already contains numerous commitments to liberalisation; |
| --- | --- |

32.

considers it unnecessary to further open up, inter alia, pre-school, school, higher, adult and continuing education services with mixed public-private financing, since the multilateral GATS agreement already contains numerous commitments to liberalisation;

| 33. | welcomes the report issued by the European Commission on the public consultation which it launched on the investor-state dispute settlement (ISDS) mechanism, and considers this a further important contribution to the efforts of both the USA and the Commission to ensure more transparency in the TTIP negotiations and to allow the views of a wide range of stakeholders to be heard; strongly recommends that the Commission take the results of the consultation into account without fail in its final evaluation of this provision of the agreement, given that the 1 50  000 replies demonstrate, inter alia, that there is widespread opposition to the mechanism; also welcomes the fact that the new Commission would not accept EU Member States' case law being restricted by special arrangements for investor disputes, and that the rule of law and equality before the law must also apply in this context; |
| --- | --- |

33.

welcomes the report issued by the European Commission on the public consultation which it launched on the investor-state dispute settlement (ISDS) mechanism, and considers this a further important contribution to the efforts of both the USA and the Commission to ensure more transparency in the TTIP negotiations and to allow the views of a wide range of stakeholders to be heard; strongly recommends that the Commission take the results of the consultation into account without fail in its final evaluation of this provision of the agreement, given that the 1 50  000 replies demonstrate, inter alia, that there is widespread opposition to the mechanism; also welcomes the fact that the new Commission would not accept EU Member States' case law being restricted by special arrangements for investor disputes, and that the rule of law and equality before the law must also apply in this context;

| 34. | strongly supports the Commission in putting forward further proposals for improving transparency and fairness in ISDS; |
| --- | --- |

34.

strongly supports the Commission in putting forward further proposals for improving transparency and fairness in ISDS;

| 35. | warns that investor protection provisions and dispute settlement mechanisms governing investor-state relations between the EU and the USA (ISDS) which circumvent the ordinary courts entail significant risks, and can therefore be dispensed with. The laws of the Member States must not be undermined by a transatlantic trade agreement. The Committee expects the European Union's room for manoeuvre, and that of its Member States' parliaments and governments, to be maintained, thus also safeguarding the public's democratic opportunity to exert influence here, and investment disputes to be settled before the national courts; |
| --- | --- |

35.

warns that investor protection provisions and dispute settlement mechanisms governing investor-state relations between the EU and the USA (ISDS) which circumvent the ordinary courts entail significant risks, and can therefore be dispensed with. The laws of the Member States must not be undermined by a transatlantic trade agreement. The Committee expects the European Union's room for manoeuvre, and that of its Member States' parliaments and governments, to be maintained, thus also safeguarding the public's democratic opportunity to exert influence here, and investment disputes to be settled before the national courts;

| 36. | stresses that political and administrative measures taken in a democratically legitimate and constitutional way must not be challenged by arbitral tribunals especially in respect to retrospective claims for damages, and that the investor protection clauses contained in TTIP must on no account directly or indirectly undermine states' right to regulate; |
| --- | --- |

36.

stresses that political and administrative measures taken in a democratically legitimate and constitutional way must not be challenged by arbitral tribunals especially in respect to retrospective claims for damages, and that the investor protection clauses contained in TTIP must on no account directly or indirectly undermine states' right to regulate;

| 37. | points out that legislation on the public administration of savings banks and regional public banks must not be undermined by the TTIP or other EU trade agreements. Such legislation presents neither a barrier to market access nor any other form of discrimination; |
| --- | --- |

37.

points out that legislation on the public administration of savings banks and regional public banks must not be undermined by the TTIP or other EU trade agreements. Such legislation presents neither a barrier to market access nor any other form of discrimination;

| 38. | notes that, at the moment, 85 % of public tenders in the European Union are already open to US suppliers, while only 32 % of US tenders are open to EU suppliers, with this imbalance further exacerbated by an ‘opt-in’ system for US states. The agreement should therefore promote equal opportunities for the two parties, given that this will help European SMEs in particular to access US public procurement; |
| --- | --- |

38.

notes that, at the moment, 85 % of public tenders in the European Union are already open to US suppliers, while only 32 % of US tenders are open to EU suppliers, with this imbalance further exacerbated by an ‘opt-in’ system for US states. The agreement should therefore promote equal opportunities for the two parties, given that this will help European SMEs in particular to access US public procurement;

| 39. | stresses that the standard-setting aspects of European public procurement law must not be challenged — particularly as applied in a regional and local context, for example in connection with compliance with labour law, social and collective agreement standards, green procurement, or inclusion of small and medium-sized enterprises (SMEs); these ensure that criteria in addition to price, such as social and sustainability considerations, can also be taken into account when determining the successful bidder; |
| --- | --- |

39.

stresses that the standard-setting aspects of European public procurement law must not be challenged — particularly as applied in a regional and local context, for example in connection with compliance with labour law, social and collective agreement standards, green procurement, or inclusion of small and medium-sized enterprises (SMEs); these ensure that criteria in addition to price, such as social and sustainability considerations, can also be taken into account when determining the successful bidder;

| 40. | would remind the Commission to monitor health and safety at work standards closely in negotiations in the Transatlantic Trade and Investment Partnership (TTIP); |
| --- | --- |

40.

would remind the Commission to monitor health and safety at work standards closely in negotiations in the Transatlantic Trade and Investment Partnership (TTIP);

| 41. | believes that exemptions from EU public procurement legislation, as provided for in the various public procurement and concessions directives (threshold values, in-house, cooperation between local authorities, sectoral derogations — for example for the water sector or emergency services), should be safeguarded; |
| --- | --- |

41.

believes that exemptions from EU public procurement legislation, as provided for in the various public procurement and concessions directives (threshold values, in-house, cooperation between local authorities, sectoral derogations — for example for the water sector or emergency services), should be safeguarded;

| 42. | welcomes the fact that, for the first time, a dedicated chapter on SMEs will be included in an EU free trade agreement, and also welcomes the TTIP's objective of facilitating SME access to both markets and their ability to do business and invest on both sides of the Atlantic, especially by removing non-tariff barriers, which are particularly burdensome for SMEs; improving legal certainty, particularly for SMEs in the services sector, and strengthening and protecting intellectual and industrial property rights, which will also benefit small companies; |
| --- | --- |

42.

welcomes the fact that, for the first time, a dedicated chapter on SMEs will be included in an EU free trade agreement, and also welcomes the TTIP's objective of facilitating SME access to both markets and their ability to do business and invest on both sides of the Atlantic, especially by removing non-tariff barriers, which are particularly burdensome for SMEs; improving legal certainty, particularly for SMEs in the services sector, and strengthening and protecting intellectual and industrial property rights, which will also benefit small companies;

| 43. | is concerned that as a result of differences in standards concerning, for example, the environment, social protection of employees, public aid, patent procedures and energy, there could be an outflow of production and other activities of individual companies from EU regions to the USA due to the lower costs of such things as energy, subsidised renewable resources, CO2 emissions and social standards for employees, but also in terms of research and development, given the quicker patent procedures and so on; |
| --- | --- |

43.

is concerned that as a result of differences in standards concerning, for example, the environment, social protection of employees, public aid, patent procedures and energy, there could be an outflow of production and other activities of individual companies from EU regions to the USA due to the lower costs of such things as energy, subsidised renewable resources, CO2 emissions and social standards for employees, but also in terms of research and development, given the quicker patent procedures and so on;

| 44. | stresses that for SMEs especially, tariffs, excessive administrative requirements and expensive testing and compliance procedures involve disproportionate effort and cost, often preventing them from trading with US partners. There are more than 20 million SMEs in the European Union, providing jobs for two thirds of all private sector employees. The planned dismantling of tariff and non-tariff barriers to market entry and trade would open up increased export opportunities to SMEs, and with them more job opportunities; |
| --- | --- |

44.

stresses that for SMEs especially, tariffs, excessive administrative requirements and expensive testing and compliance procedures involve disproportionate effort and cost, often preventing them from trading with US partners. There are more than 20 million SMEs in the European Union, providing jobs for two thirds of all private sector employees. The planned dismantling of tariff and non-tariff barriers to market entry and trade would open up increased export opportunities to SMEs, and with them more job opportunities;

| 45. | notes that in Europe the majority of Member States reject the cultivation, import and processing of genetically modified organisms (GMO); |
| --- | --- |

45.

notes that in Europe the majority of Member States reject the cultivation, import and processing of genetically modified organisms (GMO);

| 46. | calls for a guarantee that special arrangements are planned for the agricultural sector banning the import of certain products into the EU; this concerns first and foremost products that do not comply with the EU labelling directive; products consisting of, or produced using, GMO; animals treated with growth hormones; and the placing on the market of foods made from cloned animals. The same applies to foods treated with substances that are banned in the EU and foods whose ingredients are not adequately listed on the label; |
| --- | --- |

46.

calls for a guarantee that special arrangements are planned for the agricultural sector banning the import of certain products into the EU; this concerns first and foremost products that do not comply with the EU labelling directive; products consisting of, or produced using, GMO; animals treated with growth hormones; and the placing on the market of foods made from cloned animals. The same applies to foods treated with substances that are banned in the EU and foods whose ingredients are not adequately listed on the label;

| 47. | emphasises that agricultural biodiversity is the basis of food production, and underlines that the planned TTIP agreement must not lead to a restriction of traditional seeds or the depletion of our traditional crops, or interfere with high-quality and environmentally friendly agriculture; |
| --- | --- |

47.

emphasises that agricultural biodiversity is the basis of food production, and underlines that the planned TTIP agreement must not lead to a restriction of traditional seeds or the depletion of our traditional crops, or interfere with high-quality and environmentally friendly agriculture;

| 48. | calls for a specific chapter on geographical indications (GIs) with the aim of maintaining European standards and of establishing rules protecting GIs in both jurisdictions and a system of mutual recognition of EU and US designations , inter alia through specific indication of the generic use of a product name and/or its place of production; |
| --- | --- |

48.

calls for a specific chapter on geographical indications (GIs) with the aim of maintaining European standards and of establishing rules protecting GIs in both jurisdictions and a system of mutual recognition of EU and US designations , inter alia through specific indication of the generic use of a product name and/or its place of production;

| 49. | underlines that Member States and local and regional authorities must still be able to take any regulatory or financial measure necessary to protect or promote the cultural diversity, freedom and pluralism of the media and to preserve or develop audio-visual and other similar services in order to meet the democratic, social and cultural needs of each society, irrespective of which technology or distribution platform is used. The cultural and media sovereignty of the Member States must be safeguarded by means of a clear exemption for culture and the media in the negotiating mandate; |
| --- | --- |

49.

underlines that Member States and local and regional authorities must still be able to take any regulatory or financial measure necessary to protect or promote the cultural diversity, freedom and pluralism of the media and to preserve or develop audio-visual and other similar services in order to meet the democratic, social and cultural needs of each society, irrespective of which technology or distribution platform is used. The cultural and media sovereignty of the Member States must be safeguarded by means of a clear exemption for culture and the media in the negotiating mandate;

| 50. | hopes that the negotiators, bearing in the mind the global repercussions that the free trade agreement will have, support fair and sustainable trade rules that do not run counter to the mutual development policy efforts of the EU and the USA aimed at improving the situation of developing countries, but are rather managed in a spirit of global responsibility and solidarity towards those countries; |
| --- | --- |

50.

hopes that the negotiators, bearing in the mind the global repercussions that the free trade agreement will have, support fair and sustainable trade rules that do not run counter to the mutual development policy efforts of the EU and the USA aimed at improving the situation of developing countries, but are rather managed in a spirit of global responsibility and solidarity towards those countries;

| 51. | underlines the need to collect, analyse, evaluate and manage extensive and comparable data predicting or illustrating the impact of TTIP on the regional and local level,
  paying particular attention to the outermost regions,
  so as to be in a better position to make statistical projections and economic forecasts in future, and the need to publish a research-based study on the topic. |
| --- | --- |

51.

underlines the need to collect, analyse, evaluate and manage extensive and comparable data predicting or illustrating the impact of TTIP on the regional and local level,
  paying particular attention to the outermost regions,
  so as to be in a better position to make statistical projections and economic forecasts in future, and the need to publish a research-based study on the topic.

Brussels, 12 February 2015.

The President of the European Committee of the Regions

Markku MARKKULA

---

| 28.4.2015 | EN | Official Journal of the European Union | C 140/13 |
| --- | --- | --- | --- |

28.4.2015

EN

Official Journal of the European Union

C 140/13

---

Opinion of the European Committee of the Regions — Extending geographical indication protection to non-agricultural products

(2015/C 140/03)

| Rapporteur | : | Maria Luisa Coppola (IT/EPP), Regional councillor and minister, Veneto Region |
| --- | --- | --- |
| Reference document | : | Green Paper — Making the most out of Europe's traditional know-how: a possible extension of geographical indication protection of the European Union to non-agricultural products
  COM(2014) 469 final |

Rapporteur

:

Maria Luisa Coppola (IT/EPP), Regional councillor and minister, Veneto Region

Reference document

:

Green Paper — Making the most out of Europe's traditional know-how: a possible extension of geographical indication protection of the European Union to non-agricultural products

COM(2014) 469 final

I.   POLICY RECOMMENDATIONS

THE EUROPEAN COMMITTEE OF THE REGIONS

| 1. | welcomes the consultation process launched with the European Commission's Green Paper Making the most out of Europe's traditional know-how: a possible extension of geographical indication protection of the European Union to non-agricultural products, pointing out that Article 3 TEU recognises the preservation and development of Europe's cultural heritage as one of the goals to be taken on board when considering the development of the single market, while Article 118 TFEU seeks to guarantee uniform protection for intellectual property rights in the Union within the single market, and Article 169 TFEU guarantees protection of consumers (including promotion of their right to information); |
| --- | --- |

1.

welcomes the consultation process launched with the European Commission's Green Paper Making the most out of Europe's traditional know-how: a possible extension of geographical indication protection of the European Union to non-agricultural products, pointing out that Article 3 TEU recognises the preservation and development of Europe's cultural heritage as one of the goals to be taken on board when considering the development of the single market, while Article 118 TFEU seeks to guarantee uniform protection for intellectual property rights in the Union within the single market, and Article 169 TFEU guarantees protection of consumers (including promotion of their right to information);

| 2. | acknowledges that part of preserving Europe's social and cultural heritage is to pay due respect to the artisanal and industrial know-how historically present in the EU's various regions and that proper information about artisanal and industrial products can help to make sure consumer rights are safeguarded; |
| --- | --- |

2.

acknowledges that part of preserving Europe's social and cultural heritage is to pay due respect to the artisanal and industrial know-how historically present in the EU's various regions and that proper information about artisanal and industrial products can help to make sure consumer rights are safeguarded;

| 3. | maintains that Europe's regions are extremely rich in non-agricultural products based on traditional know-how (often kept alive by small companies and micro-enterprises) and that properly improving the status of these products and protecting them could help EU local and regional development, especially in economic and social terms, while also curbing the deplorable phenomena of counterfeit and imitation goods; |
| --- | --- |

3.

maintains that Europe's regions are extremely rich in non-agricultural products based on traditional know-how (often kept alive by small companies and micro-enterprises) and that properly improving the status of these products and protecting them could help EU local and regional development, especially in economic and social terms, while also curbing the deplorable phenomena of counterfeit and imitation goods;

| 4. | agrees on the absolute necessity of making sure geographical indication (GI) protection standards are respected in the ambit of the agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), which apply to all members of the World Trade Organisation; |
| --- | --- |

4.

agrees on the absolute necessity of making sure geographical indication (GI) protection standards are respected in the ambit of the agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), which apply to all members of the World Trade Organisation;

| 5. | calls on the European Commission to involve the CoR and consult it once responses to the consultation exercise have been analysed, given the Committee's central role as the institutional representative of local and regional authorities and since GIs are by their very nature regional and local. |
| --- | --- |

5.

calls on the European Commission to involve the CoR and consult it once responses to the consultation exercise have been analysed, given the Committee's central role as the institutional representative of local and regional authorities and since GIs are by their very nature regional and local.

Making best use of geographical indications: potential benefits of extending EU GI protection to non-agricultural products

| 6. | stresses that the EU Court of Justice has confirmed that GIs constitute an intellectual property right (1) and that the GI protection system is an exclusive EU competence. Therefore considers it necessary to take action to harmonise in a single European regime the non-harmonised regimes that currently exist in some Member States (2); |
| --- | --- |

6.

stresses that the EU Court of Justice has confirmed that GIs constitute an intellectual property right (1) and that the GI protection system is an exclusive EU competence. Therefore considers it necessary to take action to harmonise in a single European regime the non-harmonised regimes that currently exist in some Member States (2);

| 7. | points out that due regard must be given to experience with existing GIs for agricultural products when discussing the possible extension of these indications to non-agricultural products; |
| --- | --- |

7.

points out that due regard must be given to experience with existing GIs for agricultural products when discussing the possible extension of these indications to non-agricultural products;

| 8. | believes that reinforced and harmonised GI protection for non-agricultural products could help to fortify the single market by yielding a number of both direct benefits (increased access to promotion funding and retention of jobs in economically fragile areas) and indirect ones (such as possible boost to tourism) already identified by the European Commission's Green Paper; |
| --- | --- |

8.

believes that reinforced and harmonised GI protection for non-agricultural products could help to fortify the single market by yielding a number of both direct benefits (increased access to promotion funding and retention of jobs in economically fragile areas) and indirect ones (such as possible boost to tourism) already identified by the European Commission's Green Paper;

| 9. | thinks that extending GI protection to non-agricultural products offers potential benefits to consumers, who would have a further aid to making informed purchases (despite the ample range of products on the market) by being able to better identify the authenticity, originality and quality of products; |
| --- | --- |

9.

thinks that extending GI protection to non-agricultural products offers potential benefits to consumers, who would have a further aid to making informed purchases (despite the ample range of products on the market) by being able to better identify the authenticity, originality and quality of products;

| 10. | stresses that a harmonised IG protection system for non-agricultural products would also have advantages for relations between the EU and third countries. Having a united position would strengthen the EU's hand in negotiating trade agreements and in action to protect its own products in foreign markets; |
| --- | --- |

10.

stresses that a harmonised IG protection system for non-agricultural products would also have advantages for relations between the EU and third countries. Having a united position would strengthen the EU's hand in negotiating trade agreements and in action to protect its own products in foreign markets;

| 11. | endorses the idea that GI protection for non-agricultural products could help to preserve the cultural and artistic heritage of Europe's local and regional traditions and proposes the possibility of including elements of corporate social responsibility in potential production standards in order to boost the capacity of these products to create social capital in areas of production. |
| --- | --- |

11.

endorses the idea that GI protection for non-agricultural products could help to preserve the cultural and artistic heritage of Europe's local and regional traditions and proposes the possibility of including elements of corporate social responsibility in potential production standards in order to boost the capacity of these products to create social capital in areas of production.

Possible forms of GI protection at EU level

| 12. | hopes that a regime for GI protection for non-agricultural products can be arrived at that is simpler than the current one for agricultural products, which, because protection has been successively extended, now comprises a large number of GI categories that sometimes risk confusing the consumer; |
| --- | --- |

12.

hopes that a regime for GI protection for non-agricultural products can be arrived at that is simpler than the current one for agricultural products, which, because protection has been successively extended, now comprises a large number of GI categories that sometimes risk confusing the consumer;

| 13. | would like GI labels for non-agricultural products to be simple, easily recognisable and written in the language of their origin and/or in English; |
| --- | --- |

13.

would like GI labels for non-agricultural products to be simple, easily recognisable and written in the language of their origin and/or in English;

| 14. | thinks that, as has already happened in the case of agricultural GIs, a new system should enable protection of non-geographical names unequivocally associated with a particular locality while observing the exemptions to protection already provided for in the TRIPS agreement; |
| --- | --- |

14.

thinks that, as has already happened in the case of agricultural GIs, a new system should enable protection of non-geographical names unequivocally associated with a particular locality while observing the exemptions to protection already provided for in the TRIPS agreement;

| 15. | points out that a cross-sectoral approach to GI protection would be far preferable to a sectoral one, since a set of rules common to all product categories would unquestionably be simpler to manage for businesses and national, regional and local authorities; |
| --- | --- |

15.

points out that a cross-sectoral approach to GI protection would be far preferable to a sectoral one, since a set of rules common to all product categories would unquestionably be simpler to manage for businesses and national, regional and local authorities;

| 16. | stresses that in the case of non-agricultural GIs it would be expedient to provide for two (but no more than two) distinct levels of link with the territory corresponding to the current distinction for agricultural GIs between Protected Designation of Origin (PDO) (stronger ties) and Protected Geographical Indication (PGI) (weaker ties); |
| --- | --- |

16.

stresses that in the case of non-agricultural GIs it would be expedient to provide for two (but no more than two) distinct levels of link with the territory corresponding to the current distinction for agricultural GIs between Protected Designation of Origin (PDO) (stronger ties) and Protected Geographical Indication (PGI) (weaker ties);

| 17. | would like to see production standards (essential for registration of a GI) include information about the raw materials used, a description of the production process, evidence of the product's link with the territory and any corporate social responsibility elements (confirming a commitment to the territory); |
| --- | --- |

17.

would like to see production standards (essential for registration of a GI) include information about the raw materials used, a description of the production process, evidence of the product's link with the territory and any corporate social responsibility elements (confirming a commitment to the territory);

| 18. | notes that the criteria producers will have to meet to obtain GI status will not prevent possible innovations to the product or efficiency improvements in the production process; |
| --- | --- |

18.

notes that the criteria producers will have to meet to obtain GI status will not prevent possible innovations to the product or efficiency improvements in the production process;

| 19. | points out that one of the aims of GIs is to serve as a guarantee of quality for consumers, which means that, while it is not possible to lay down a universal quality parameter, there should be monitoring to ensure production standards are being respected throughout the period of protection. This monitoring could be carried out by regional public bodies (or public-private partnerships such as some chambers of commerce). |
| --- | --- |

19.

points out that one of the aims of GIs is to serve as a guarantee of quality for consumers, which means that, while it is not possible to lay down a universal quality parameter, there should be monitoring to ensure production standards are being respected throughout the period of protection. This monitoring could be carried out by regional public bodies (or public-private partnerships such as some chambers of commerce).

Strengthening protection

| 20. | believes creating a single EU system for non-agricultural GI protection is preferable to taking the route of harmonising national rules, since it would be fairer and guarantee the same timetables throughout the EU; |
| --- | --- |

20.

believes creating a single EU system for non-agricultural GI protection is preferable to taking the route of harmonising national rules, since it would be fairer and guarantee the same timetables throughout the EU;

| 21. | proposes that those Member States in which a non-agricultural GI protection system already exists should have a brief period (up to 2020, for example) in which transitional arrangements apply and the two systems should co-exist before a definitive move to a single EU mechanism; |
| --- | --- |

21.

proposes that those Member States in which a non-agricultural GI protection system already exists should have a brief period (up to 2020, for example) in which transitional arrangements apply and the two systems should co-exist before a definitive move to a single EU mechanism;

| 22. | thinks a registration procedure for non-agricultural GIs must be mandatory and should be based on a two-stage system (as is currently the case for agricultural GIs) that involves the regional level in verifying local specificities and the European level in verifying the shared EU criteria; |
| --- | --- |

22.

thinks a registration procedure for non-agricultural GIs must be mandatory and should be based on a two-stage system (as is currently the case for agricultural GIs) that involves the regional level in verifying local specificities and the European level in verifying the shared EU criteria;

| 23. | notes that the process for registering GIs should have fixed time limits guaranteed by law so that sluggish public administrations do not hold up the process to the detriment of producers; |
| --- | --- |

23.

notes that the process for registering GIs should have fixed time limits guaranteed by law so that sluggish public administrations do not hold up the process to the detriment of producers;

| 24. | maintains that producers, their associations and chambers of commerce should be the main entities authorised to apply for registration of a GI for non-agricultural products, but that it is reasonable also to provide in specific, well founded cases it could also be a single producer, a local or regional authority or a consumers' association. The same entities eligible to request registration should also have the right to oppose it; |
| --- | --- |

24.

maintains that producers, their associations and chambers of commerce should be the main entities authorised to apply for registration of a GI for non-agricultural products, but that it is reasonable also to provide in specific, well founded cases it could also be a single producer, a local or regional authority or a consumers' association. The same entities eligible to request registration should also have the right to oppose it;

| 25. | stresses that, given the current focus on public spending, it could be possible to request a contribution from producers wishing to acquire GI status, as long as this were a one-off payment, fair in relation to the costs incurred and applied on the same terms throughout the EU. |
| --- | --- |

25.

stresses that, given the current focus on public spending, it could be possible to request a contribution from producers wishing to acquire GI status, as long as this were a one-off payment, fair in relation to the costs incurred and applied on the same terms throughout the EU.

Scope of protection

| 26. | hopes that the degree of protection afforded non-agricultural GIs can be the same as that provided for in Article 23 of the TRIPS agreement for wines and spirits, since this would protect producers' rights sufficiently forcefully; |
| --- | --- |

26.

hopes that the degree of protection afforded non-agricultural GIs can be the same as that provided for in Article 23 of the TRIPS agreement for wines and spirits, since this would protect producers' rights sufficiently forcefully;

| 27. | proposes that the system to monitor respect for GI-related rights for non-agricultural products be public or a combination of public and private, but that in either case the competence of local and regional authorities is used, given their direct contact with the territory; |
| --- | --- |

27.

proposes that the system to monitor respect for GI-related rights for non-agricultural products be public or a combination of public and private, but that in either case the competence of local and regional authorities is used, given their direct contact with the territory;

| 28. | is aware that if a GI system for non-agricultural products proves a success, this could somewhat heighten the risk of counterfeiting or imitation by rival producers. This is why safeguard procedures should be put in place that can swiftly spot and eliminate counterfeit products or imitations; |
| --- | --- |

28.

is aware that if a GI system for non-agricultural products proves a success, this could somewhat heighten the risk of counterfeiting or imitation by rival producers. This is why safeguard procedures should be put in place that can swiftly spot and eliminate counterfeit products or imitations;

| 29. | thinks there should be no time limit on non-agricultural GI protection, but it should be possible to withdraw the protection under the same conditions operating for GIs of agricultural products; |
| --- | --- |

29.

thinks there should be no time limit on non-agricultural GI protection, but it should be possible to withdraw the protection under the same conditions operating for GIs of agricultural products;

| 30. | thinks that potential conflicts between non-agricultural GIs and trademarks should be regulated in the same way as they are for agricultural GIs; |
| --- | --- |

30.

thinks that potential conflicts between non-agricultural GIs and trademarks should be regulated in the same way as they are for agricultural GIs;

| 31. | stresses, finally, that because of its particular responsibility for guiding regional and local policy, the opinion of the CoR should further reinforce and develop the recommendation to create a system of GI protection for non-agricultural products in the EU and asks, therefore, that the European Commission go ahead and present a legislative proposal to this end. |
| --- | --- |

31.

stresses, finally, that because of its particular responsibility for guiding regional and local policy, the opinion of the CoR should further reinforce and develop the recommendation to create a system of GI protection for non-agricultural products in the EU and asks, therefore, that the European Commission go ahead and present a legislative proposal to this end.

Brussels, 12 February 2015.

The President of the European Committee of the Regions

Markku MARKKULA

---

(1)  See case C-3/91 — Turrón de Jijona (point 37) and case C-108/01 — Prosciutto di Parma (point 64).

1

(2)  Belgium (only Wallonia), Bulgaria, Croatia, Estonia, France, Germany, Latvia, Poland, Portugal, the Czech Republic, Romania, Slovakia, Slovenia, Spain (only Murcia region) and Hungary.

2

---

| 28.4.2015 | EN | Official Journal of the European Union | C 140/16 |
| --- | --- | --- | --- |

28.4.2015

EN

Official Journal of the European Union

C 140/16

---

Opinion of the European Committee of the Regions — An EU Strategic Framework on Health and Safety at Work 2014-2020

(2015/C 140/04)

| Rapporteur | : | Mauro D'Attis (IT/EPP), Member of Brindisi Municipal Council |
| --- | --- | --- |
| Reference document | : | Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions on an EU Strategic Framework on Health and Safety at Work 2014-2020
  COM(2014) 332 final |

Rapporteur

:

Mauro D'Attis (IT/EPP), Member of Brindisi Municipal Council

Reference document

:

Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions on an EU Strategic Framework on Health and Safety at Work 2014-2020

COM(2014) 332 final

I.   POLICY RECOMMENDATIONS

THE EUROPEAN COMMITTEE OF THE REGIONS

General comments

| 1. | welcomes the aim of the Commission communication on a new EU Strategic Framework on Health and Safety at Work 2014-2020 to uphold the Europe 2020 employment targets by promoting high standards for working conditions both in the EU and internationally, but questions why the Commission makes no provision for specific legislative measures within this Strategic Framework, particularly in the area of Musculo-Skeletal Disease (MSD) and carcinogens; |
| --- | --- |

1.

welcomes the aim of the Commission communication on a new EU Strategic Framework on Health and Safety at Work 2014-2020 to uphold the Europe 2020 employment targets by promoting high standards for working conditions both in the EU and internationally, but questions why the Commission makes no provision for specific legislative measures within this Strategic Framework, particularly in the area of Musculo-Skeletal Disease (MSD) and carcinogens;

| 2. | supports in this context the call of the European Parliament on the European Commission:






  — | to develop, implement and support a model for asbestos screening and registration in accordance with Article 11 of Directive 2009/148/EC; |
| --- | --- | --- |

2.

supports in this context the call of the European Parliament on the European Commission:

—

to develop, implement and support a model for asbestos screening and registration in accordance with Article 11 of Directive 2009/148/EC;

| — | to conduct an impact assessment and cost benefit analysis of the possibility of establishing action plans for the safe removal of asbestos from public buildings; and |
| --- | --- |

—

to conduct an impact assessment and cost benefit analysis of the possibility of establishing action plans for the safe removal of asbestos from public buildings; and

| — | to provide information and guidelines to encourage private house owners to effectively audit and risk assess their premises for Asbestos-Containing Materials (ACMs); |
| --- | --- |

—

to provide information and guidelines to encourage private house owners to effectively audit and risk assess their premises for Asbestos-Containing Materials (ACMs);

| 3. | points to the contradiction by the European Commission of pursuing the establishment of an EU Strategic Framework on Health and Safety at Work 2014-2020 while at the same time announcing in its Work Programme 2015 the possible withdrawal of the proposal for a directive amending Council Directive 92/85/EEC on the measures to encourage improvements in the safety and health at work of pregnant workers and workers who have recently given birth or are breastfeeding; |
| --- | --- |

3.

points to the contradiction by the European Commission of pursuing the establishment of an EU Strategic Framework on Health and Safety at Work 2014-2020 while at the same time announcing in its Work Programme 2015 the possible withdrawal of the proposal for a directive amending Council Directive 92/85/EEC on the measures to encourage improvements in the safety and health at work of pregnant workers and workers who have recently given birth or are breastfeeding;

| 4. | acknowledges the importance of EU-level coordination of measures to address the risks connected to health and safety at work and to achieve ongoing and progressive improvement in working conditions; |
| --- | --- |

4.

acknowledges the importance of EU-level coordination of measures to address the risks connected to health and safety at work and to achieve ongoing and progressive improvement in working conditions;

| 5. | notes that many of the initiatives planned under the 2007-2012 strategy have been implemented in the knowledge that no binding and measurable targets accompanied by a timetable have been set; |
| --- | --- |

5.

notes that many of the initiatives planned under the 2007-2012 strategy have been implemented in the knowledge that no binding and measurable targets accompanied by a timetable have been set;

| 6. | emphasises the essential and important role that employers and workers' representatives must play in developing policies on health and safety at European, national, regional and local level and calls on the Commission to strengthen social dialogue in its decision-making processes; |
| --- | --- |

6.

emphasises the essential and important role that employers and workers' representatives must play in developing policies on health and safety at European, national, regional and local level and calls on the Commission to strengthen social dialogue in its decision-making processes;

| 7. | endorses the Commission's decision to identify three main challenges in the new strategic framework which are: i) complying with existing legislation; ii) better prevention of work-related illnesses, including the prevention of new and emerging risks; iii) the response to demographic developments; |
| --- | --- |

7.

endorses the Commission's decision to identify three main challenges in the new strategic framework which are: i) complying with existing legislation; ii) better prevention of work-related illnesses, including the prevention of new and emerging risks; iii) the response to demographic developments;

| 8. | agrees with the European Parliament that the economic crisis is not a pretext for undermining prevention policies and emphasises the importance of health and safety at work as a fundamental right for workers (1); |
| --- | --- |

8.

agrees with the European Parliament that the economic crisis is not a pretext for undermining prevention policies and emphasises the importance of health and safety at work as a fundamental right for workers (1);

| 9. | regrets that LRAs have played a very limited role in the Commission's strategy. The Committee calls on the Commission to guarantee that they will be formally involved in commitments in this area, acknowledging that as major employers they are key institutional actors; |
| --- | --- |

9.

regrets that LRAs have played a very limited role in the Commission's strategy. The Committee calls on the Commission to guarantee that they will be formally involved in commitments in this area, acknowledging that as major employers they are key institutional actors;

| 10. | stresses that, due to their partnership and links to local businesses, LRAs can play an important role in integrating legislation, promoting the ‘culture of prevention’ and the proper application of preventive standards, and supporting representation and collective redress on safety issues; |
| --- | --- |

10.

stresses that, due to their partnership and links to local businesses, LRAs can play an important role in integrating legislation, promoting the ‘culture of prevention’ and the proper application of preventive standards, and supporting representation and collective redress on safety issues;

On the Commission's seven main strategic objectives

A.   Further consolidate national strategies

| 11. | proposes to identify a European central steering committee responsible for defining, coordinating and developing health and safety at work issues (preferably coordinated by EU-OSHA), not least in order to play a more effective proactive role in providing a point of reference, guidance and oversight for Member States implementing EU legislation. This steering committee should:






  — | take the organisational form of a network, coordinating and generating synergies between the various competences which are currently scattered across many European (e.g. EU-OSHA and Eurofound), national, regional and local bodies whose remits and functions meanwhile need to be reconfigured in order to take into account the major changes that have taken place over the past 15 years; |
| --- | --- | --- |

11.

proposes to identify a European central steering committee responsible for defining, coordinating and developing health and safety at work issues (preferably coordinated by EU-OSHA), not least in order to play a more effective proactive role in providing a point of reference, guidance and oversight for Member States implementing EU legislation. This steering committee should:

—

take the organisational form of a network, coordinating and generating synergies between the various competences which are currently scattered across many European (e.g. EU-OSHA and Eurofound), national, regional and local bodies whose remits and functions meanwhile need to be reconfigured in order to take into account the major changes that have taken place over the past 15 years;

| — | act as a permanent forum for consultation and development, in cooperation with, and with the participation of, the social partners at EU level, in order to provide a full and multilateral picture of health and safety at work issues; |
| --- | --- |

—

act as a permanent forum for consultation and development, in cooperation with, and with the participation of, the social partners at EU level, in order to provide a full and multilateral picture of health and safety at work issues;

| — | so as not to generate further costs with regard to the current European spending review framework, employ only human resources, spaces and active infrastructure already in use within the network of European and national institutions working in the workplace health and safety field; |
| --- | --- |

—

so as not to generate further costs with regard to the current European spending review framework, employ only human resources, spaces and active infrastructure already in use within the network of European and national institutions working in the workplace health and safety field;

| 12. | considers that swift action is needed to address the issue of reduced workers' rights and that effective measures must be taken to reduce the variations in legislation, models and implementation in the area of health and safety at work, which is one of the factors that can lead to a rise in social dumping and unfair competition in the regions within the EU market; |
| --- | --- |

12.

considers that swift action is needed to address the issue of reduced workers' rights and that effective measures must be taken to reduce the variations in legislation, models and implementation in the area of health and safety at work, which is one of the factors that can lead to a rise in social dumping and unfair competition in the regions within the EU market;

| 13. | supports the Commission's plan to review national strategies in light of the new framework, by establishing a database covering all national strategic frameworks on health and safety at work in cooperation with EU-OSHA, the EU agency for health and safety at work. This work should be carried out in close consultation with the European social partners; |
| --- | --- |

13.

supports the Commission's plan to review national strategies in light of the new framework, by establishing a database covering all national strategic frameworks on health and safety at work in cooperation with EU-OSHA, the EU agency for health and safety at work. This work should be carried out in close consultation with the European social partners;

| 14. | firmly believes that the ‘culture of prevention’ must be developed (with initiatives at school and during apprenticeships, occupational training and lifelong learning) along with a genuine, up-to-date ‘business culture’ based on the belief that quality in people is a determining factor in the quality of industrial processes and products; |
| --- | --- |

14.

firmly believes that the ‘culture of prevention’ must be developed (with initiatives at school and during apprenticeships, occupational training and lifelong learning) along with a genuine, up-to-date ‘business culture’ based on the belief that quality in people is a determining factor in the quality of industrial processes and products;

| 15. | considers training on prevention of workplace risks, which benefits both workers and businesses, to be crucial; |
| --- | --- |

15.

considers training on prevention of workplace risks, which benefits both workers and businesses, to be crucial;

| 16. | agrees with the Commission that raising awareness about health and safety at work starts at school and endorses the recommendation to give these issues greater prominence in school curricula; |
| --- | --- |

16.

agrees with the Commission that raising awareness about health and safety at work starts at school and endorses the recommendation to give these issues greater prominence in school curricula;

| 17. | upholds the Commission's focus on raising public awareness, and emphasises the key role that LRAs must play in this regard; |
| --- | --- |

17.

upholds the Commission's focus on raising public awareness, and emphasises the key role that LRAs must play in this regard;

| 18. | is strongly in favour of financing measures from 2014 and calls for ad hoc support to be arranged for projects presented by LRAs, especially those that represent areas where effective coverage by the public health system is lacking or areas facing demographic challenges; |
| --- | --- |

18.

is strongly in favour of financing measures from 2014 and calls for ad hoc support to be arranged for projects presented by LRAs, especially those that represent areas where effective coverage by the public health system is lacking or areas facing demographic challenges;

B.   Facilitate compliance with health and safety at work legislation, particularly by micro and small enterprises

| 19. | in accordance with the principle of horizontal subsidiarity, is in favour of ensuring business-support measures to identify technical and organisational solutions to safeguard health and safety at work; |
| --- | --- |

19.

in accordance with the principle of horizontal subsidiarity, is in favour of ensuring business-support measures to identify technical and organisational solutions to safeguard health and safety at work;

| 20. | agrees with the Commission on the need to provide financial and technical support for the online interactive risk assessment tool OiRA (2) and other technical, scientific and IT tools in the Member States, particularly in priority sectors and where micro and small enterprise are concerned; |
| --- | --- |

20.

agrees with the Commission on the need to provide financial and technical support for the online interactive risk assessment tool OiRA (2) and other technical, scientific and IT tools in the Member States, particularly in priority sectors and where micro and small enterprise are concerned;

| 21. | endorses the Commission's initiative of promoting the exchange of good practice with SMEs, which will be supported by larger enterprises in the contractor-supplier-purchaser chain in order to improve health and safety at work; |
| --- | --- |

21.

endorses the Commission's initiative of promoting the exchange of good practice with SMEs, which will be supported by larger enterprises in the contractor-supplier-purchaser chain in order to improve health and safety at work;

| 22. | calls for more integrated policies for SMEs (financial incentives, better access to the ESF and ERDF, practical albeit technically and scientifically rigorous mechanisms for risk assessment, partnership); |
| --- | --- |

22.

calls for more integrated policies for SMEs (financial incentives, better access to the ESF and ERDF, practical albeit technically and scientifically rigorous mechanisms for risk assessment, partnership);

| 23. | hopes that policies will be promoted exempting capital investment and yearly maintenance costs from taxes for businesses which introduce systems and tools for managing health and safety at work in keeping with guidelines and models produced by the competent public regulatory bodies; |
| --- | --- |

23.

hopes that policies will be promoted exempting capital investment and yearly maintenance costs from taxes for businesses which introduce systems and tools for managing health and safety at work in keeping with guidelines and models produced by the competent public regulatory bodies;

| 24. | accordingly, hopes that a European plan will be set up providing businesses with incentives for projects to introduce and maintain systems managing health and safety at work, using guarantee funds to facilitate access to bank credit and reinforcing technical support for businesses, particularly SMEs, partly through EU-OSHA; |
| --- | --- |

24.

accordingly, hopes that a European plan will be set up providing businesses with incentives for projects to introduce and maintain systems managing health and safety at work, using guarantee funds to facilitate access to bank credit and reinforcing technical support for businesses, particularly SMEs, partly through EU-OSHA;

C.   Better enforcement of health and safety at work legislation by Member States

| 25. | supports the measures and policy recommendations set out in the European Parliament resolution of 14 January 2014 on effective labour inspections as a strategy to improve working conditions in Europe; |
| --- | --- |

25.

supports the measures and policy recommendations set out in the European Parliament resolution of 14 January 2014 on effective labour inspections as a strategy to improve working conditions in Europe;

| 26. | is in favour of the Senior Labour Inspectorate Committee (SLIC) providing the labour inspectorates and officials of bodies responsible for health and safety of individual Member States with guidance and coordination, and being equipped with the appropriate tools and resources; |
| --- | --- |

26.

is in favour of the Senior Labour Inspectorate Committee (SLIC) providing the labour inspectorates and officials of bodies responsible for health and safety of individual Member States with guidance and coordination, and being equipped with the appropriate tools and resources;

| 27. | stresses that public officials responsible for health and safety at work must also begin focussing on compliance with legislation and flags up the LRAs' role with regard to training these inspectors, urging that specific inspection models be defined for small and medium-sized companies so that they do not have to shoulder an unsustainable bureaucratic and financial burden; |
| --- | --- |

27.

stresses that public officials responsible for health and safety at work must also begin focussing on compliance with legislation and flags up the LRAs' role with regard to training these inspectors, urging that specific inspection models be defined for small and medium-sized companies so that they do not have to shoulder an unsustainable bureaucratic and financial burden;

| 28. | enforcement actions should be based upon evidence of effectiveness with particular regard to those sectors in which there are real risks of breaches of health and safety regulations and ensuring they concentrate on enforcing existing regulations on exposure to carcinogens such as asbestos, and those diseases which are most prevalent in the workplace such as Musculo- Skeletal Diseases (MSD), stress related illness and other respiratory diseases such as Chronic Obstructive Pulmonary Disease (COPD); |
| --- | --- |

28.

enforcement actions should be based upon evidence of effectiveness with particular regard to those sectors in which there are real risks of breaches of health and safety regulations and ensuring they concentrate on enforcing existing regulations on exposure to carcinogens such as asbestos, and those diseases which are most prevalent in the workplace such as Musculo- Skeletal Diseases (MSD), stress related illness and other respiratory diseases such as Chronic Obstructive Pulmonary Disease (COPD);

| 29. | hopes that LRAs will have a stronger role in terms of local oversight, not least through progressive strengthening of their powers, particularly over the procurement and subcontracting system, one area where safeguarding is particularly inadequate; |
| --- | --- |

29.

hopes that LRAs will have a stronger role in terms of local oversight, not least through progressive strengthening of their powers, particularly over the procurement and subcontracting system, one area where safeguarding is particularly inadequate;

| 30. | proposes that exchanges of best practices be fostered between regional and local administrations actively involved in this field; |
| --- | --- |

30.

proposes that exchanges of best practices be fostered between regional and local administrations actively involved in this field;

| 31. | agrees that the effectiveness of sanctions, administrative fines imposed and non-traditional ways of monitoring compliance needs to be assessed in cooperation with the Member States, the Senior Labour Inspectorate Committee (SLIC) and the Advisory Committee on Safety and Health (ACSH), on the condition that the public sector is given an opportunity to play a role in these bodies; |
| --- | --- |

31.

agrees that the effectiveness of sanctions, administrative fines imposed and non-traditional ways of monitoring compliance needs to be assessed in cooperation with the Member States, the Senior Labour Inspectorate Committee (SLIC) and the Advisory Committee on Safety and Health (ACSH), on the condition that the public sector is given an opportunity to play a role in these bodies;

| 32. | considers that the decision to establish a European platform safeguarding the health of migrant workers is both pertinent and strategic, as the Member States have an increasingly limited capacity to respond to the impact of globalisation and the social and demographic changes brought about primarily by migration; |
| --- | --- |

32.

considers that the decision to establish a European platform safeguarding the health of migrant workers is both pertinent and strategic, as the Member States have an increasingly limited capacity to respond to the impact of globalisation and the social and demographic changes brought about primarily by migration;

D.   Simplify existing legislation

| 33. | is pleased that Framework Directive 89/391/EEC (3) stemming from a consultation promoted by the European Commission in 2011 on the top ten most burdensome legislative acts for SMEs (4), has been included in the REFIT programme; |
| --- | --- |

33.

is pleased that Framework Directive 89/391/EEC (3) stemming from a consultation promoted by the European Commission in 2011 on the top ten most burdensome legislative acts for SMEs (4), has been included in the REFIT programme;

| 34. | considers that penalties must be accompanied by a target-based approach, with clear rules and efficient, streamlined procedures, enhancing the role of bilateral bodies representing the social partners who, if properly involved can, in keeping with the roles assigned to each, provide useful support to the bodies mandated by national law in implementing prevention measures; |
| --- | --- |

34.

considers that penalties must be accompanied by a target-based approach, with clear rules and efficient, streamlined procedures, enhancing the role of bilateral bodies representing the social partners who, if properly involved can, in keeping with the roles assigned to each, provide useful support to the bodies mandated by national law in implementing prevention measures;

| 35. | endorses the move to include potential simplifications in the risk assessment and/or reductions in the administrative burden in the evaluation of health and safety at work legislation, but at the same time it must be ensured that the level of employee protection is not reduced; |
| --- | --- |

35.

endorses the move to include potential simplifications in the risk assessment and/or reductions in the administrative burden in the evaluation of health and safety at work legislation, but at the same time it must be ensured that the level of employee protection is not reduced;

| 36. | considers that for specific sectors, particularly for micro-enterprises, instruments such as OiRA, that facilitate risk analysis, can be identified and promoted. Objective criteria and parameters should be based on accurate risk assessment and management, simplified as far as possible and be set in agreement with the competent institutional actors with a view to developing simplified risk assessment and management tools, partly through voluntary statements; |
| --- | --- |

36.

considers that for specific sectors, particularly for micro-enterprises, instruments such as OiRA, that facilitate risk analysis, can be identified and promoted. Objective criteria and parameters should be based on accurate risk assessment and management, simplified as far as possible and be set in agreement with the competent institutional actors with a view to developing simplified risk assessment and management tools, partly through voluntary statements;

| 37. | considers that the complex and onerous procedures involved in systems for managing health and safety at work are partly due to red tape resulting from compliance with international standards rather than public legislation. While recognising the professionalism of those involved in safety issues, the Committee considers that such issues should not add a secondary layer of complexity, particularly for smaller businesses. The Committee therefore hopes that a European dialogue will take place on quality certification as regards health and safety at work, with the aim of developing a voluntary EU standard that sets sustainable minimum requirements; |
| --- | --- |

37.

considers that the complex and onerous procedures involved in systems for managing health and safety at work are partly due to red tape resulting from compliance with international standards rather than public legislation. While recognising the professionalism of those involved in safety issues, the Committee considers that such issues should not add a secondary layer of complexity, particularly for smaller businesses. The Committee therefore hopes that a European dialogue will take place on quality certification as regards health and safety at work, with the aim of developing a voluntary EU standard that sets sustainable minimum requirements;

E.   Address the ageing of the workforce and emerging new risks

| 38. | believes that the measures to safeguard health and safety at work must be tackled by means of a precautionary and holistic approach, factoring in the strong links between production, work and the environment and based on the best medical and scientific evidence available; |
| --- | --- |

38.

believes that the measures to safeguard health and safety at work must be tackled by means of a precautionary and holistic approach, factoring in the strong links between production, work and the environment and based on the best medical and scientific evidence available;

| 39. | draws attention to asbestos-related lung and skin diseases, cancer, asthma, obstructive pulmonary disorders, MSD, stress related illness and other chronic diseases, and emphasises the need for rigorous analysis of existing risks and new risks resulting from restructuring, new technologies, materials and products; |
| --- | --- |

39.

draws attention to asbestos-related lung and skin diseases, cancer, asthma, obstructive pulmonary disorders, MSD, stress related illness and other chronic diseases, and emphasises the need for rigorous analysis of existing risks and new risks resulting from restructuring, new technologies, materials and products;

| 40. | considers that given the scientific uncertainty, the application of new technologies, materials and products in industry should be tackled using a precautionary approach to the management of health risks; |
| --- | --- |

40.

considers that given the scientific uncertainty, the application of new technologies, materials and products in industry should be tackled using a precautionary approach to the management of health risks;

| 41. | considers that:






  — | account must be taken of the health and psychological well-being of workers arising from restructuring and the introduction of new technologies and working practices; |
| --- | --- | --- |

41.

considers that:

—

account must be taken of the health and psychological well-being of workers arising from restructuring and the introduction of new technologies and working practices;

| — | there should be a full risk assessment of the effects on the workforce and on society, also covering the economic costs and benefits; |
| --- | --- |

—

there should be a full risk assessment of the effects on the workforce and on society, also covering the economic costs and benefits;

| — | the precautionary principle should be risk-oriented and include an appropriate risk assessment until such time as data supported by a broader scientific basis and technically checked by the European central steering committee referred to above are available; |
| --- | --- |

—

the precautionary principle should be risk-oriented and include an appropriate risk assessment until such time as data supported by a broader scientific basis and technically checked by the European central steering committee referred to above are available;

| 42. | notes the growing number of working women and the differences between the working lives of women and men (type of work, different conditions of risk exposure) which have an impact on their health and safety; |
| --- | --- |

42.

notes the growing number of working women and the differences between the working lives of women and men (type of work, different conditions of risk exposure) which have an impact on their health and safety;

| 43. | recommends that protective measures in working environments be diversified in order to ensure that they are effective for both women and men, taking into account the type of work performed and the subjective and objective differences in conditions of risk exposure; |
| --- | --- |

43.

recommends that protective measures in working environments be diversified in order to ensure that they are effective for both women and men, taking into account the type of work performed and the subjective and objective differences in conditions of risk exposure;

| 44. | agrees that health and safety at work policy can help combat discrimination and promote equal opportunities in EU policies, by calling for Directive 2000/78/EC (safeguarding the health and safety at work of people with disabilities) and Directive 2006/54/EC (forbidding any less favourable treatment of a woman owing to pregnancy or maternity) to be applied to the letter (5)
   (6); |
| --- | --- |

44.

agrees that health and safety at work policy can help combat discrimination and promote equal opportunities in EU policies, by calling for Directive 2000/78/EC (safeguarding the health and safety at work of people with disabilities) and Directive 2006/54/EC (forbidding any less favourable treatment of a woman owing to pregnancy or maternity) to be applied to the letter (5)
   (6);

| 45. | points out that ‘life-long-learning and volunteering are key drivers of active and healthy ageing. Adult education and older volunteering should be supported at EU, national and local level to help extend working lives, promote active retirement and support independent living’ (7); the EU should therefore arrange for the production of a manual of European best practice on active ageing; |
| --- | --- |

45.

points out that ‘life-long-learning and volunteering are key drivers of active and healthy ageing. Adult education and older volunteering should be supported at EU, national and local level to help extend working lives, promote active retirement and support independent living’ (7); the EU should therefore arrange for the production of a manual of European best practice on active ageing;

| 46. | consequently believes that, with a view to solving the problem of an ageing working population, it is essential to make provision for the exchange of information and good practice between Member States and companies, and for appropriate integration measures; |
| --- | --- |

46.

consequently believes that, with a view to solving the problem of an ageing working population, it is essential to make provision for the exchange of information and good practice between Member States and companies, and for appropriate integration measures;

| 47. | is confident ‘that EU action to support active and healthy ageing and solidarity between generations will boost innovation and growth potential across the EU and will bring economic benefits both for public and private actors at local, national and EU levels’ (8); |
| --- | --- |

47.

is confident ‘that EU action to support active and healthy ageing and solidarity between generations will boost innovation and growth potential across the EU and will bring economic benefits both for public and private actors at local, national and EU levels’ (8);

F.   Improve statistical data collection and develop the database

| 48. | points out that improving data collection is essential to being able to make a comparison of health and safety at work services across the EU. Furthermore, comparative data analysis must be performed with a view to continuous improvement, flagging up procedural best practice rather than simply ranking performance. This will encourage the Member States to share data on actual risks; |
| --- | --- |

48.

points out that improving data collection is essential to being able to make a comparison of health and safety at work services across the EU. Furthermore, comparative data analysis must be performed with a view to continuous improvement, flagging up procedural best practice rather than simply ranking performance. This will encourage the Member States to share data on actual risks;

| 49. | supports the Commission in calling for the collection and compilation of more exhaustive statistical data, including at local and regional level, on work-related accidents and diseases, occupational exposure and work-related ill-health; |
| --- | --- |

49.

supports the Commission in calling for the collection and compilation of more exhaustive statistical data, including at local and regional level, on work-related accidents and diseases, occupational exposure and work-related ill-health;

| 50. | points out that the social partners play too limited a role in managing the health and safety at work information system. The social partners could provide valuable support in setting up the system, increasing sectoral data, and managing and using information flows; |
| --- | --- |

50.

points out that the social partners play too limited a role in managing the health and safety at work information system. The social partners could provide valuable support in setting up the system, increasing sectoral data, and managing and using information flows;

| 51. | emphasises that more reliable statistical data provide an inventory of the risks to workers' health, improve our understanding of the causes and so make it possible to draw operational conclusions; |
| --- | --- |

51.

emphasises that more reliable statistical data provide an inventory of the risks to workers' health, improve our understanding of the causes and so make it possible to draw operational conclusions;

| 52. | hopes that a European information system on prevention in the workplace will be set up (knowledge promoting prevention) as a dynamic tool which can be used to integrate information available in present national systems. The Committee also hopes that a reading model will be established with a single database; |
| --- | --- |

52.

hopes that a European information system on prevention in the workplace will be set up (knowledge promoting prevention) as a dynamic tool which can be used to integrate information available in present national systems. The Committee also hopes that a reading model will be established with a single database;

G.   Better coordinate EU and international efforts

| 53. | endorses the Commission's view whereby clear EU standards in health and safety at work legislation could contribute to achieving equivalent global labour standards through bilateral and multilateral agreements with third countries; |
| --- | --- |

53.

endorses the Commission's view whereby clear EU standards in health and safety at work legislation could contribute to achieving equivalent global labour standards through bilateral and multilateral agreements with third countries;

| 54. | considers that in the new international globalised context, it is necessary to guarantee that international conventions and agreements on health and safety at work standards are adopted and applied by all parties, in order to keep the EU competitive and avoid relocation to third countries by businesses looking for more permissive legal systems; |
| --- | --- |

54.

considers that in the new international globalised context, it is necessary to guarantee that international conventions and agreements on health and safety at work standards are adopted and applied by all parties, in order to keep the EU competitive and avoid relocation to third countries by businesses looking for more permissive legal systems;

| 55. | would remind the Commission to encourage Member States to ratify all ILO and other international conventions and agreements on health and safety, and to monitor health and safety at work standards and related issues closely in negotiations on all partnerships established worldwide, and particularly in current negotiations on the Transatlantic Trade and Investment Partnership (TTIP) with the United States. |
| --- | --- |

55.

would remind the Commission to encourage Member States to ratify all ILO and other international conventions and agreements on health and safety, and to monitor health and safety at work standards and related issues closely in negotiations on all partnerships established worldwide, and particularly in current negotiations on the Transatlantic Trade and Investment Partnership (TTIP) with the United States.

Brussels, 12 February 2015.

The President of the European Committee of the Regions

Markku MARKKULA

---

(1)  EP Resolution on the European Strategy on Health and Safety at Work (2013/2685(RSP)).

1

(2)  https://osha.europa.eu/it/topics/oira

2

(3)  COM(2012) 746.

3

(4)  http://ec.europa.eu/enterprise/policies/sme/files/smes/top10report-final_en.pdf

4

(5)  Council Directive 2000/78/EC, OJ L 303, 2.12.2000.

5

(6)  Directive 2006/54/EC of the European Parliament and of the Council, OJ L 204, 26.7.2006, p. 23.

6

(7)  CdR 56/2012 fin Active Ageing: Innovation — Smart Health — Better Lives. Rapporteur: Mr Abramavičius (LT/EPP).

7

(8)  CdR 56/2012 fin Active Ageing: Innovation — Smart Health — Better Lives. Rapporteur: Mr Abramavičius (LT/EPP).

8

---

| 28.4.2015 | EN | Official Journal of the European Union | C 140/22 |
| --- | --- | --- | --- |

28.4.2015

EN

Official Journal of the European Union

C 140/22

---

Opinion of the European Committee of the Regions — Green Action Plan for SMEs and Green Employment Initiative

(2015/C 140/05)

| Rapporteur | : | Satu Tietari (FI/ALDE), Member of Säkylä Municipal Council |
| --- | --- | --- |
| Reference documents | : | Communication on a Green Action Plan for SMEs
  COM(2014) 440 final
  Communication on a Green Employment Initiative
  COM(2014) 446 final |

Rapporteur

:

Satu Tietari (FI/ALDE), Member of Säkylä Municipal Council

Reference documents

:

Communication on a Green Action Plan for SMEs

COM(2014) 440 final

Communication on a Green Employment Initiative

COM(2014) 446 final

I.   POLICY RECOMMENDATIONS

THE EUROPEAN COMMITTEE OF THE REGIONS

| 1. | In recent years, the term ‘green’ has gained an increasingly prominent place in policy-making, as environmental concerns have become horizontal and overarching. The Europe 2020 strategy for smart, sustainable and inclusive growth has identified as essential the transition towards a green, low-carbon, and resource-efficient economic model. |
| --- | --- |

1.

In recent years, the term ‘green’ has gained an increasingly prominent place in policy-making, as environmental concerns have become horizontal and overarching. The Europe 2020 strategy for smart, sustainable and inclusive growth has identified as essential the transition towards a green, low-carbon, and resource-efficient economic model.

| 2. | One of the central themes of these two communications is the concept of the ‘green economy’, which is defined as a model that ‘secures growth and development, safeguards human health and wellbeing, provides decent jobs, reduces inequalities and invests in, and preserves, biodiversity, including the natural capital it provides, for its intrinsic value and for its essential contribution to human well-being and economic prosperity’ (1). |
| --- | --- |

2.

One of the central themes of these two communications is the concept of the ‘green economy’, which is defined as a model that ‘secures growth and development, safeguards human health and wellbeing, provides decent jobs, reduces inequalities and invests in, and preserves, biodiversity, including the natural capital it provides, for its intrinsic value and for its essential contribution to human well-being and economic prosperity’ (1).

| 3. | The move to a green economy will have a direct impact on the competitiveness of both individual businesses and the European economy as a whole. Resources are becoming scarce. Consumption is growing in more and more areas and we are reaching our environmental limits. A timely transition to a green economy in the EU is not only desirable but essential to preserving and strengthening competitiveness and prosperity within as short a timeframe as possible. |
| --- | --- |

3.

The move to a green economy will have a direct impact on the competitiveness of both individual businesses and the European economy as a whole. Resources are becoming scarce. Consumption is growing in more and more areas and we are reaching our environmental limits. A timely transition to a green economy in the EU is not only desirable but essential to preserving and strengthening competitiveness and prosperity within as short a timeframe as possible.

| 4. | endorses the Commission's communications on a Green Action Plan for SMEs and a Green Employment Initiative; |
| --- | --- |

4.

endorses the Commission's communications on a Green Action Plan for SMEs and a Green Employment Initiative;

| 5. | shares the Commission's view, expressed in both communications, that a successful transition to a green economy is a crucial factor in the present and future competitiveness of the European Union; |
| --- | --- |

5.

shares the Commission's view, expressed in both communications, that a successful transition to a green economy is a crucial factor in the present and future competitiveness of the European Union;

| 6. | underlines the pivotal role played by the public sector and local and regional authorities in facilitating the transition to a green economy; public authorities, as well as promoting the transition to a green economy, should be a model and point of reference in the implementation of projects, programmes, legislation, procurement and job creation in the context of a new green economy paradigm; |
| --- | --- |

6.

underlines the pivotal role played by the public sector and local and regional authorities in facilitating the transition to a green economy; public authorities, as well as promoting the transition to a green economy, should be a model and point of reference in the implementation of projects, programmes, legislation, procurement and job creation in the context of a new green economy paradigm;

| 7. | believes that it is vitally important to continue efforts to promote the green competitiveness of SMEs by improving access to finance, providing more information, simplifying legislation, cutting red tape and strengthening a green business culture; |
| --- | --- |

7.

believes that it is vitally important to continue efforts to promote the green competitiveness of SMEs by improving access to finance, providing more information, simplifying legislation, cutting red tape and strengthening a green business culture;

| 8. | endorses the aim of the Green Employment Initiative to make employment and environmental policies work together in support of the move to a competitive, green, and resource-efficient economy; |
| --- | --- |

8.

endorses the aim of the Green Employment Initiative to make employment and environmental policies work together in support of the move to a competitive, green, and resource-efficient economy;

| 9. | stresses that the issue of skills is particularly relevant to young people, who still suffer from a cripplingly high unemployment rate of more than 22 %, and should be better prepared for the jobs of tomorrow in general, and green jobs in particular; |
| --- | --- |

9.

stresses that the issue of skills is particularly relevant to young people, who still suffer from a cripplingly high unemployment rate of more than 22 %, and should be better prepared for the jobs of tomorrow in general, and green jobs in particular;

| 10. | shares the Commission's view of the necessity to review and update training and education curricula as well as qualifications systems in order to facilitate the transition to a green economy; |
| --- | --- |

10.

shares the Commission's view of the necessity to review and update training and education curricula as well as qualifications systems in order to facilitate the transition to a green economy;

| 11. | points out that businesses differ from one another considerably: some already provide green products and services, while those offering more traditional services and products can also benefit, for example by using more environmentally friendly energy sources and raw materials; |
| --- | --- |

11.

points out that businesses differ from one another considerably: some already provide green products and services, while those offering more traditional services and products can also benefit, for example by using more environmentally friendly energy sources and raw materials;

Basic definitions

| 12. | feels that environmental challenges should be seen as both an opportunity and a threat to individual businesses, their employees, labour markets and the EU; |
| --- | --- |

12.

feels that environmental challenges should be seen as both an opportunity and a threat to individual businesses, their employees, labour markets and the EU;

| 13. | believes that the basic terms and figures and the starting point for the green economy should be clarified and defined such that the terms and figures are mutually agreed, consistent and unambiguous; |
| --- | --- |

13.

believes that the basic terms and figures and the starting point for the green economy should be clarified and defined such that the terms and figures are mutually agreed, consistent and unambiguous;

| 14. | believes that a successful transition to a green economy is crucial for the EU's current and future competiveness, which is why it is vital to ensure consistency in the use of terms; |
| --- | --- |

14.

believes that a successful transition to a green economy is crucial for the EU's current and future competiveness, which is why it is vital to ensure consistency in the use of terms;

| 15. | underlines the regional dimension of the transition to a green economy, and the key role played by local and regional authorities in education, infrastructure, supporting local businesses and creating employment services; equally, draws attention to local green initiatives, which can serve as an example for other EU regions; |
| --- | --- |

15.

underlines the regional dimension of the transition to a green economy, and the key role played by local and regional authorities in education, infrastructure, supporting local businesses and creating employment services; equally, draws attention to local green initiatives, which can serve as an example for other EU regions;

| 16. | highlights the diversity of circumstances and challenges faced at the local level, and requests that the exceptional circumstances of regions be taken into account in terms of greening the economy; |
| --- | --- |

16.

highlights the diversity of circumstances and challenges faced at the local level, and requests that the exceptional circumstances of regions be taken into account in terms of greening the economy;

| 17. | underlines that a successful green economy will have five key elements: 1) reduction, which means that the consumption of raw materials and energy use need to come down across the board; 2) use of clean energies, in order to avoid external dependence, cut emissions and create jobs; 3) efficiency, which means that raw materials and energy have to be used more effectively across a product's or service's entire value chain; 4) networking and sharing of best practice; comparing notes between Member States and sectors provides an opportunity to boost the supply of green products and services, including to markets outside the EU; and 5) access to finance, which is to say that it is crucial to ensure that finance is available and to cut red tape; applications for funding should be simple, easy to understand and also useful in other areas of business; |
| --- | --- |

17.

underlines that a successful green economy will have five key elements: 1) reduction, which means that the consumption of raw materials and energy use need to come down across the board; 2) use of clean energies, in order to avoid external dependence, cut emissions and create jobs; 3) efficiency, which means that raw materials and energy have to be used more effectively across a product's or service's entire value chain; 4) networking and sharing of best practice; comparing notes between Member States and sectors provides an opportunity to boost the supply of green products and services, including to markets outside the EU; and 5) access to finance, which is to say that it is crucial to ensure that finance is available and to cut red tape; applications for funding should be simple, easy to understand and also useful in other areas of business;

Objective

| 18. | stresses that, at the time of assessment, there are significant differences within the EU's internal market between sectors and Member States when it comes to resource efficiency, and calls for steps to be taken to boost resource efficiency by sharing examples of best practice and failure; |
| --- | --- |

18.

stresses that, at the time of assessment, there are significant differences within the EU's internal market between sectors and Member States when it comes to resource efficiency, and calls for steps to be taken to boost resource efficiency by sharing examples of best practice and failure;

| 19. | highlights the importance of local and regional authorities, in particular municipalities, in the implementation of the measures referred to in the previous point, looking at whether these measures should be funded under the current community framework; |
| --- | --- |

19.

highlights the importance of local and regional authorities, in particular municipalities, in the implementation of the measures referred to in the previous point, looking at whether these measures should be funded under the current community framework;

| 20. | believes that efforts to improve resource efficiency should be taken into account at all stages of the value chain, that doing so would significantly reduce the need for raw materials, and that a value chain-based approach should be integrated into the activities of both the public and private sectors; |
| --- | --- |

20.

believes that efforts to improve resource efficiency should be taken into account at all stages of the value chain, that doing so would significantly reduce the need for raw materials, and that a value chain-based approach should be integrated into the activities of both the public and private sectors;

| 21. | feels that the Green Action Plan should focus on European-level measures aimed at aligning and reinforcing existing green initiatives used to support SMEs at national and regional level; |
| --- | --- |

21.

feels that the Green Action Plan should focus on European-level measures aimed at aligning and reinforcing existing green initiatives used to support SMEs at national and regional level;

| 22. | notes the emphasis on renewable energy and biofuels, where the EU has sufficient information, know-how and technology, calls for the dismantling of barriers to development in order to be able to generate a large number of high-quality skilled green jobs, and supports RDI in this sector; |
| --- | --- |

22.

notes the emphasis on renewable energy and biofuels, where the EU has sufficient information, know-how and technology, calls for the dismantling of barriers to development in order to be able to generate a large number of high-quality skilled green jobs, and supports RDI in this sector;

| 23. | underlines the importance of green thinking and the increasing prevalence of EU origin labelling across Member States; |
| --- | --- |

23.

underlines the importance of green thinking and the increasing prevalence of EU origin labelling across Member States;

| 24. | approves of the European Commission's objective of setting up a European Resource Efficiency Excellence Centre in 2015 and of connecting it to a partnership network in all European regions, but calls on the Commission to clarify, with respect to this platform, who these partners will be and how they will be chosen; |
| --- | --- |

24.

approves of the European Commission's objective of setting up a European Resource Efficiency Excellence Centre in 2015 and of connecting it to a partnership network in all European regions, but calls on the Commission to clarify, with respect to this platform, who these partners will be and how they will be chosen;

| 25. | also underlines the need to involve local and regional authorities in this process, as they are best placed to understand the specific circumstances and challenges at local and regional level, and to assess who the most relevant local stakeholders are. In this connection, steps should be taken to promote the mapping process for identifying the specific potential of each region able to assist local operators in the identification of investment clusters, measures for self-employment support and training course creation and specialisation in various aspects of the green economy; |
| --- | --- |

25.

also underlines the need to involve local and regional authorities in this process, as they are best placed to understand the specific circumstances and challenges at local and regional level, and to assess who the most relevant local stakeholders are. In this connection, steps should be taken to promote the mapping process for identifying the specific potential of each region able to assist local operators in the identification of investment clusters, measures for self-employment support and training course creation and specialisation in various aspects of the green economy;

| 26. | considers it necessary to set targets for environmentally responsible product design and calls for greater environmental responsibility from businesses; |
| --- | --- |

26.

considers it necessary to set targets for environmentally responsible product design and calls for greater environmental responsibility from businesses;

Vision

| 27. | underlines that the expertise and skills required in greening the economy should be available to all in the different Member States with respect to the key issues, and that steps should be taken to ensure an adequate level of know-how at local level; |
| --- | --- |

27.

underlines that the expertise and skills required in greening the economy should be available to all in the different Member States with respect to the key issues, and that steps should be taken to ensure an adequate level of know-how at local level;

| 28. | calls for efforts to be made to further propagate the principle of life-long learning; a key factor is mastering new information, since the green economy will require changes and transparent action with respect to all parts of the value chain process; |
| --- | --- |

28.

calls for efforts to be made to further propagate the principle of life-long learning; a key factor is mastering new information, since the green economy will require changes and transparent action with respect to all parts of the value chain process;

| 29. | underlines that, currently, work and skills do not sufficiently match and systemic change is slow; the Commission's ESCO project is a good example of an attempt to match employers with employees who are qualified for the role; for further proposals on work and skills match, the CoR refers to its opinion on EU Quality Framework for anticipation of change and restructuring (2); |
| --- | --- |

29.

underlines that, currently, work and skills do not sufficiently match and systemic change is slow; the Commission's ESCO project is a good example of an attempt to match employers with employees who are qualified for the role; for further proposals on work and skills match, the CoR refers to its opinion on EU Quality Framework for anticipation of change and restructuring (2);

| 30. | stresses that the green economy will entail the transition to a circular low-carbon economy, which will create new and innovative jobs. This means that old workplaces will be replaced by new ones and occupational profiles will have to be redefined; |
| --- | --- |

30.

stresses that the green economy will entail the transition to a circular low-carbon economy, which will create new and innovative jobs. This means that old workplaces will be replaced by new ones and occupational profiles will have to be redefined;

| 31. | calls for broader cooperation between authorities, SMEs, associations and educational institutions to be encouraged, since mastering new types of information will require better targeting and coordination of measures and financing instruments; |
| --- | --- |

31.

calls for broader cooperation between authorities, SMEs, associations and educational institutions to be encouraged, since mastering new types of information will require better targeting and coordination of measures and financing instruments;

| 32. | highlights the importance of research and development technology (R&DT) as a way of providing impetus for implementation of the green economy, using the current European envelope to promote the involvement of universities, SMEs and other local and regional bodies, coordinated as key pillars of knowledge (education, research and innovation) within synergy-generating formations such as clusters or open innovation platforms for the sharing and cross-fertilisation of knowledge; |
| --- | --- |

32.

highlights the importance of research and development technology (R&DT) as a way of providing impetus for implementation of the green economy, using the current European envelope to promote the involvement of universities, SMEs and other local and regional bodies, coordinated as key pillars of knowledge (education, research and innovation) within synergy-generating formations such as clusters or open innovation platforms for the sharing and cross-fertilisation of knowledge;

| 33. | calls for local and regional authorities, in light of the important expertise and powers they have in this area, to be fully involved in coordination measures. Good examples already exist of partnerships by local authorities being used to provide businesses and associations with advice on energy issues, including how to identify subsidies and financing possibilities, recommendations on individual measures, putting together an overview of who the equipment and service suppliers are, and assistance with preparing calls for tender; |
| --- | --- |

33.

calls for local and regional authorities, in light of the important expertise and powers they have in this area, to be fully involved in coordination measures. Good examples already exist of partnerships by local authorities being used to provide businesses and associations with advice on energy issues, including how to identify subsidies and financing possibilities, recommendations on individual measures, putting together an overview of who the equipment and service suppliers are, and assistance with preparing calls for tender;

Strategy

| 34. | shares the Commission's view of the necessity to review and update training and education curricula as well as qualifications systems in close cooperation with the Member States and local and regional authorities in order to take into account and facilitate the transition to a green economy, and suggests that education and training courses across the board start to include at least one module on this subject. Steps should also be taken to examine how the impact of training is monitored, since there is a need for long-term monitoring carried out at both a higher and a lower level; |
| --- | --- |

34.

shares the Commission's view of the necessity to review and update training and education curricula as well as qualifications systems in close cooperation with the Member States and local and regional authorities in order to take into account and facilitate the transition to a green economy, and suggests that education and training courses across the board start to include at least one module on this subject. Steps should also be taken to examine how the impact of training is monitored, since there is a need for long-term monitoring carried out at both a higher and a lower level;

| 35. | expresses concern about the adequacy, predictability and level of training related to the green economy and green skills in different Member States. It is crucial to ensure that training courses are created in the Member States that cover environmental, legal and business know-how, which should also ensure that officials have sufficient data and skills; |
| --- | --- |

35.

expresses concern about the adequacy, predictability and level of training related to the green economy and green skills in different Member States. It is crucial to ensure that training courses are created in the Member States that cover environmental, legal and business know-how, which should also ensure that officials have sufficient data and skills;

| 36. | stresses that the issue of new skills is particularly relevant to young people, who should be better prepared for the jobs of tomorrow, and green jobs in particular; |
| --- | --- |

36.

stresses that the issue of new skills is particularly relevant to young people, who should be better prepared for the jobs of tomorrow, and green jobs in particular;

| 37. | underlines the need for a broader perspective and to take into account long-term impact so that environmental skills can be combined with solid business know-how. An environmentally-friendly and business-friendly mindset should already be inculcated at school, since new professions will require natural sciences as well as technical and mathematical skills. This awareness-raising must also be given special prominence in adult education programmes; |
| --- | --- |

37.

underlines the need for a broader perspective and to take into account long-term impact so that environmental skills can be combined with solid business know-how. An environmentally-friendly and business-friendly mindset should already be inculcated at school, since new professions will require natural sciences as well as technical and mathematical skills. This awareness-raising must also be given special prominence in adult education programmes;

| 38. | is concerned that few SMEs in Europe are aware of the possibility of using resources more efficiently, or of the economic benefits they could gain by using this knowledge in practice; |
| --- | --- |

38.

is concerned that few SMEs in Europe are aware of the possibility of using resources more efficiently, or of the economic benefits they could gain by using this knowledge in practice;

| 39. | suggests that positive discrimination mechanisms be put in place by those local, regional and national authorities that have fiscal powers to the benefit of firms which implement green economy principles and concepts, in the context of Corporate Social Responsibility, including lower levies and taxes, public procurement and tax deductions; |
| --- | --- |

39.

suggests that positive discrimination mechanisms be put in place by those local, regional and national authorities that have fiscal powers to the benefit of firms which implement green economy principles and concepts, in the context of Corporate Social Responsibility, including lower levies and taxes, public procurement and tax deductions;

| 40. | calls for information about training and financing opportunities to be tailored to SMEs in different sectors, since they do not necessarily appreciate the need for training associated with the green economy; |
| --- | --- |

40.

calls for information about training and financing opportunities to be tailored to SMEs in different sectors, since they do not necessarily appreciate the need for training associated with the green economy;

| 41. | calls for incentives to be put in place to complete skills, since it is essential to acquire new information and know-how. It should be understood how all recyclable materials can be used further and turned into new and innovative materials, and what the rules and requirements are; |
| --- | --- |

41.

calls for incentives to be put in place to complete skills, since it is essential to acquire new information and know-how. It should be understood how all recyclable materials can be used further and turned into new and innovative materials, and what the rules and requirements are;

| 42. | notes that raw material costs have increased in 75 % of EU SMEs over a five-year period, and that measures trialling new methods and their systematic dissemination are needed quickly in order to protect businesses' competitiveness; |
| --- | --- |

42.

notes that raw material costs have increased in 75 % of EU SMEs over a five-year period, and that measures trialling new methods and their systematic dissemination are needed quickly in order to protect businesses' competitiveness;

| 43. | recommends that different sectors study further the opportunities for cooperating more, as well as opportunities to exploit each other's service expertise, products or their components. This will provide business opportunities to small businesses in particular, which could form larger entities by networking. Examples should be collected, and best practice disseminated in the Member States; |
| --- | --- |

43.

recommends that different sectors study further the opportunities for cooperating more, as well as opportunities to exploit each other's service expertise, products or their components. This will provide business opportunities to small businesses in particular, which could form larger entities by networking. Examples should be collected, and best practice disseminated in the Member States;

| 44. | recommends that every opportunity be studied for helping SMEs reintroduce used and surplus raw materials in their own production and value chains, or even as part of another business's production. One example of this is a closed circulation energy concept tailored to local circumstances, in which waste, lost energy, heat, nutrients and CO2 are used and recycled back into energy and food production; |
| --- | --- |

44.

recommends that every opportunity be studied for helping SMEs reintroduce used and surplus raw materials in their own production and value chains, or even as part of another business's production. One example of this is a closed circulation energy concept tailored to local circumstances, in which waste, lost energy, heat, nutrients and CO2 are used and recycled back into energy and food production;

| 45. | notes the need to encourage business cooperation between the organic food sector and other potentially linked sectors: restaurants and catering, rural tourism, agritourism, ecotourism, sustainable and/or craft packaging, sustainable construction, traditional food production etc. |
| --- | --- |

45.

notes the need to encourage business cooperation between the organic food sector and other potentially linked sectors: restaurants and catering, rural tourism, agritourism, ecotourism, sustainable and/or craft packaging, sustainable construction, traditional food production etc.

| 46. | recommends that an awareness-raising campaign on sustainable development be directed towards the EU public, underlining the opportunities open to everyone to personally influence the amount and treatment of waste; |
| --- | --- |

46.

recommends that an awareness-raising campaign on sustainable development be directed towards the EU public, underlining the opportunities open to everyone to personally influence the amount and treatment of waste;

| 47. | notes that local authorities have a crucial role to play in achieving the EU's emission targets. A good example is the Finnish project ‘Kohti hiilineutraalia kuntaa’ (‘Towards a carbon-neutral town’), the aim of which is to commit local players — the local council, residents and business — to reducing greenhouse gas emissions. The project is meant to identify new and innovative approaches that create local jobs, and which are based on sustainable use of local natural resources and greater energy efficiency; |
| --- | --- |

47.

notes that local authorities have a crucial role to play in achieving the EU's emission targets. A good example is the Finnish project ‘Kohti hiilineutraalia kuntaa’ (‘Towards a carbon-neutral town’), the aim of which is to commit local players — the local council, residents and business — to reducing greenhouse gas emissions. The project is meant to identify new and innovative approaches that create local jobs, and which are based on sustainable use of local natural resources and greater energy efficiency;

| 48. | recommends that sharing economy and service economy concepts be developed in which, in place of traditional ownership, consumers could buy products as a service and return them at the end of their lifecycles to the producer for re-use; |
| --- | --- |

48.

recommends that sharing economy and service economy concepts be developed in which, in place of traditional ownership, consumers could buy products as a service and return them at the end of their lifecycles to the producer for re-use;

| 49. | recommends that better calculating methods be developed that provide a more reliable measurement of energy consumption; |
| --- | --- |

49.

recommends that better calculating methods be developed that provide a more reliable measurement of energy consumption;

| 50. | understands that creating environmentally friendly yet commercially successful products will require significant financial investment in both product development and launching and registering the products and services generated by product development. In future, legislation will have to be able to provide an opportunity for rapid development of new innovations, rather than restrict or limit it; |
| --- | --- |

50.

understands that creating environmentally friendly yet commercially successful products will require significant financial investment in both product development and launching and registering the products and services generated by product development. In future, legislation will have to be able to provide an opportunity for rapid development of new innovations, rather than restrict or limit it;

| 51. | suggests that the use of environmental management systems be promoted, especially the European EMAS scheme, with the aim of embedding environmental culture in business decision-making, thus improving its effectiveness and public information on environmental conduct; |
| --- | --- |

51.

suggests that the use of environmental management systems be promoted, especially the European EMAS scheme, with the aim of embedding environmental culture in business decision-making, thus improving its effectiveness and public information on environmental conduct;

Effects

| 52. | shares the Commission's view that Member States could also lower the cost of labour by using auctioning revenues from the EU's Emissions Trading Scheme (ETS), but stresses that the ETS in its current form is not fully effective; |
| --- | --- |

52.

shares the Commission's view that Member States could also lower the cost of labour by using auctioning revenues from the EU's Emissions Trading Scheme (ETS), but stresses that the ETS in its current form is not fully effective;

| 53. | welcomes the initiative's emphasis on the promotion of entrepreneurship, and reiterates its view that Europe should present entrepreneurship to young people as a possible and promising future career path; |
| --- | --- |

53.

welcomes the initiative's emphasis on the promotion of entrepreneurship, and reiterates its view that Europe should present entrepreneurship to young people as a possible and promising future career path;

| 54. | considers that, alongside the green economy, social entrepreneurship can be seen as a valuable alternative to traditional ways of doing business in both for-profit and non-profit forms; and welcomes, in this respect, the Commission's desire to facilitate access to finance for social businesses; |
| --- | --- |

54.

considers that, alongside the green economy, social entrepreneurship can be seen as a valuable alternative to traditional ways of doing business in both for-profit and non-profit forms; and welcomes, in this respect, the Commission's desire to facilitate access to finance for social businesses;

| 55. | feels that through innovation and the redesign of products and of production and business models, companies could reduce the use of expensive primary raw materials and reduce waste; |
| --- | --- |

55.

feels that through innovation and the redesign of products and of production and business models, companies could reduce the use of expensive primary raw materials and reduce waste;

| 56. | believes that introducing a uniform European green economy certification system would be beneficial to business in particular, and in the long term would provide predictability and legal certainty, since legal interpretations of a range of different areas of legal conflict would be known in advance; |
| --- | --- |

56.

believes that introducing a uniform European green economy certification system would be beneficial to business in particular, and in the long term would provide predictability and legal certainty, since legal interpretations of a range of different areas of legal conflict would be known in advance;

| 57. | notes that raw materials, water and energy represent 50 % of businesses' total manufacturing costs (3). Reducing this excessive burden on businesses' costs by reviewing energy production, transport and distribution systems and increasing resource and energy efficiency in any way can therefore yield very significant savings. This is all the more topical given the increase in the cost of energy and many raw materials in recent years; |
| --- | --- |

57.

notes that raw materials, water and energy represent 50 % of businesses' total manufacturing costs (3). Reducing this excessive burden on businesses' costs by reviewing energy production, transport and distribution systems and increasing resource and energy efficiency in any way can therefore yield very significant savings. This is all the more topical given the increase in the cost of energy and many raw materials in recent years;

| 58. | recommends that local and regional-level operators be informed in a targeted way about the potential of sources of finance for the 2014-2020 programming period and that this funding be used to help ‘green’ SMEs, examples of which include the ERDF, the ESF, the EAFRD, the LIFE programme, the Natural Capital Financing Facility, the Private Financing for Energy Efficiency Instrument, COSME and Horizon 2020; |
| --- | --- |

58.

recommends that local and regional-level operators be informed in a targeted way about the potential of sources of finance for the 2014-2020 programming period and that this funding be used to help ‘green’ SMEs, examples of which include the ERDF, the ESF, the EAFRD, the LIFE programme, the Natural Capital Financing Facility, the Private Financing for Energy Efficiency Instrument, COSME and Horizon 2020;

| 59. | raises the issue of moving towards environmental taxes and charges as instruments to promote shared environmental responsibility, which, according to the Commission, are less detrimental to growth and would result in both better environmental performance and higher employment. Member States that have tried environmental taxes could share their experiences more widely, and other Member States could follow this; |
| --- | --- |

59.

raises the issue of moving towards environmental taxes and charges as instruments to promote shared environmental responsibility, which, according to the Commission, are less detrimental to growth and would result in both better environmental performance and higher employment. Member States that have tried environmental taxes could share their experiences more widely, and other Member States could follow this;

| 60. | points out that the Commission and the Member States have developed applicable indicators and tools to allow for a more thorough understanding of EU, national and regional labour markets. To achieve impact, Member States should make use of harmonised EU modules in implementation and when transferring data; |
| --- | --- |

60.

points out that the Commission and the Member States have developed applicable indicators and tools to allow for a more thorough understanding of EU, national and regional labour markets. To achieve impact, Member States should make use of harmonised EU modules in implementation and when transferring data;

| 61. | reiterates its observation that a business-friendly environment requires public authorities to invest in high quality infrastructure in the areas of transport and digital technology, among others, and that they will need support from the European Union if they are to achieve this; |
| --- | --- |

61.

reiterates its observation that a business-friendly environment requires public authorities to invest in high quality infrastructure in the areas of transport and digital technology, among others, and that they will need support from the European Union if they are to achieve this;

| 62. | understands that SMEs lack knowledge, networks and IT skills, which is why they have difficulty seizing the opportunities provided by waste prevention and reuse of products, raw materials and waste as part of various value chains; |
| --- | --- |

62.

understands that SMEs lack knowledge, networks and IT skills, which is why they have difficulty seizing the opportunities provided by waste prevention and reuse of products, raw materials and waste as part of various value chains;

| 63. | underlines that steep initial investment costs may further reduce interest in implementing business activities related to reusing and recycling resources, since SMEs have to judge that the activities are commercially viable. Consequently, tax and legislative measures, and other types of support measure, should be taken to reduce their impact; |
| --- | --- |

63.

underlines that steep initial investment costs may further reduce interest in implementing business activities related to reusing and recycling resources, since SMEs have to judge that the activities are commercially viable. Consequently, tax and legislative measures, and other types of support measure, should be taken to reduce their impact;

| 64. | believes that green standards that respect biodiversity and promote climate change mitigation and adaptation policies need to be adopted more widely and disseminated across Member States, and that regular communication with consumers is required to this end; |
| --- | --- |

64.

believes that green standards that respect biodiversity and promote climate change mitigation and adaptation policies need to be adopted more widely and disseminated across Member States, and that regular communication with consumers is required to this end;

| 65. | recognises that the principles encapsulated by EU-level green economy standards should be anchored in all SME activities, but it is also critically important to get the end users of the products, i.e. consumers, to buy products certified as environmentally responsible; |
| --- | --- |

65.

recognises that the principles encapsulated by EU-level green economy standards should be anchored in all SME activities, but it is also critically important to get the end users of the products, i.e. consumers, to buy products certified as environmentally responsible;

| 66. | points out that a greener value chain, which involves re-manufacturing, repair, maintenance, recycling and eco-design, can provide considerable business opportunities for many SMEs, but legislative, institutional, technical and cultural barriers prevent SMEs from taking advantage of this, and these barriers should be removed or, if this is impossible, ways must be found of overcoming them. |
| --- | --- |

66.

points out that a greener value chain, which involves re-manufacturing, repair, maintenance, recycling and eco-design, can provide considerable business opportunities for many SMEs, but legislative, institutional, technical and cultural barriers prevent SMEs from taking advantage of this, and these barriers should be removed or, if this is impossible, ways must be found of overcoming them.

Brussels, 12 February 2015.

The President of the European Committee of the Regions

Markku MARKKULA

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(1)  Definition from Decision No 1386/2013/EU of the European Parliament and of the Council of 20 November 2013 on a General Union Environment Action Programme to 2020 ‘Living well, within the limits of our planet’. OJ L 354, 28.12.2013, p. 171-200.

1

(2)  (CDR 1319/2014).

2

(3)  Europe INNOVA (2012) Guide to resource efficiency in manufacturing: Experiences from improving resource efficiency in manufacturing companies, p. 6. Available here.

3

Guide to resource efficiency in manufacturing: Experiences from improving resource efficiency in manufacturing companies

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| 28.4.2015 | EN | Official Journal of the European Union | C 140/28 |
| --- | --- | --- | --- |

28.4.2015

EN

Official Journal of the European Union

C 140/28

---

Opinion of the European Committee of the Regions — Guidelines on the application of the measures linking the effectiveness of the European Structural and Investment Funds (ESIF) to sound economic governance

(2015/C 140/06)

| Rapporteur | : | Bernard Soulage (FR/PES), Vice-president of the Rhône-Alpes Regional Council |
| --- | --- | --- |
| Reference document | : | Communication from the Commission on Guidelines on the application of the measures linking effectiveness of the European Structural and Investment Funds to sound economic governance according to Article 23 of Regulation (EU) 1303/2013
  COM(2014) 494 final |

Rapporteur

:

Bernard Soulage (FR/PES), Vice-president of the Rhône-Alpes Regional Council

Reference document

:

Communication from the Commission on Guidelines on the application of the measures linking effectiveness of the European Structural and Investment Funds to sound economic governance according to Article 23 of Regulation (EU) 1303/2013

COM(2014) 494 final

I.   POLICY RECOMMENDATIONS

THE EUROPEAN COMMITTEE OF THE REGIONS

| 1. | emphasises that EU cohesion policy should continue to play a key role in the economic recovery of Europe's regions; |
| --- | --- |

1.

emphasises that EU cohesion policy should continue to play a key role in the economic recovery of Europe's regions;

| 2. | reiterates its opposition, as set out in its opinion on the proposal for a general regulation on the funds covered by the common strategic framework (1), to the principle of applying macroeconomic conditionality to the implementation of cohesion policy and, more specifically, to any links between the effectiveness of the European Structural and Investment Funds (ESIF) and sound economic governance. This link is founded on the false premise that local and regional authorities are just as accountable for budgetary excess as the national authorities; |
| --- | --- |

2.

reiterates its opposition, as set out in its opinion on the proposal for a general regulation on the funds covered by the common strategic framework (1), to the principle of applying macroeconomic conditionality to the implementation of cohesion policy and, more specifically, to any links between the effectiveness of the European Structural and Investment Funds (ESIF) and sound economic governance. This link is founded on the false premise that local and regional authorities are just as accountable for budgetary excess as the national authorities;

| 3. | points out, moreover, that the Committee had called for a white paper on cohesion policy, mainly in order to reopen the debate about basing the measurement of quality of life and the quality of economic growth on more than mere GDP; calls for work to be carried out on new, more reliable indicators, which better reflect public expectations; |
| --- | --- |

3.

points out, moreover, that the Committee had called for a white paper on cohesion policy, mainly in order to reopen the debate about basing the measurement of quality of life and the quality of economic growth on more than mere GDP; calls for work to be carried out on new, more reliable indicators, which better reflect public expectations;

| 4. | further to its opposition on principle to macroeconomic conditionality, has doubts as to the added value of these guidelines, which are no more than a paraphrase of Article 23 of Regulation 1303/2013; |
| --- | --- |

4.

further to its opposition on principle to macroeconomic conditionality, has doubts as to the added value of these guidelines, which are no more than a paraphrase of Article 23 of Regulation 1303/2013;

| 5. | believes that reprogramming would unfairly penalise local and regional authorities because they are not responsible for excessive national deficits since, more often than not, they are constitutionally bound to balance their budgets. In fact, the overall EU27 subnational debt, which corresponded to about 0,1 % of GDP in 2007, amounted to 0,8 % of GDP in 2009 and 2010. Even if there has been a considerable deterioration in subnational public finances in some countries, where the deficit rose by over 0,5 % between 2007 and 2013, there is still no comparison with the national debt (2); |
| --- | --- |

5.

believes that reprogramming would unfairly penalise local and regional authorities because they are not responsible for excessive national deficits since, more often than not, they are constitutionally bound to balance their budgets. In fact, the overall EU27 subnational debt, which corresponded to about 0,1 % of GDP in 2007, amounted to 0,8 % of GDP in 2009 and 2010. Even if there has been a considerable deterioration in subnational public finances in some countries, where the deficit rose by over 0,5 % between 2007 and 2013, there is still no comparison with the national debt (2);

| 6. | emphasises that a very similar situation applies to the debts of local and regional authorities since (as the Commission recognises in the sixth cohesion report) the increase in the public debt stems mainly from the activities of the central authorities. The overall debt of local authorities and regions with no legislative powers is still below 10 % of GDP in all Member States. Nevertheless, this debt remains a concern in some countries; |
| --- | --- |

6.

emphasises that a very similar situation applies to the debts of local and regional authorities since (as the Commission recognises in the sixth cohesion report) the increase in the public debt stems mainly from the activities of the central authorities. The overall debt of local authorities and regions with no legislative powers is still below 10 % of GDP in all Member States. Nevertheless, this debt remains a concern in some countries;

| 7. | points out that, according to many studies, the effectiveness of public spending has more to do with efficiency and sound governance (3) than with macroeconomic factors. Furthermore, the quality of public sector measures plays a decisive role in the capacity of cohesion policy to bring growth. It should be noted, moreover, that the ‘six-pack’ regulations already lay down heavy penalties for non-compliance with macroeconomic stability rules. Therefore doubts the efficacy of suspending ESI funding, which would amount to penalising the same failure twice; |
| --- | --- |

7.

points out that, according to many studies, the effectiveness of public spending has more to do with efficiency and sound governance (3) than with macroeconomic factors. Furthermore, the quality of public sector measures plays a decisive role in the capacity of cohesion policy to bring growth. It should be noted, moreover, that the ‘six-pack’ regulations already lay down heavy penalties for non-compliance with macroeconomic stability rules. Therefore doubts the efficacy of suspending ESI funding, which would amount to penalising the same failure twice;

| 8. | also considers, in the framework of the ‘Six-Pack’, that there is a case for revising the methods for calculating structural deficit, so as to give consideration to the specific characteristics of national economies and structural differences in public spending; |
| --- | --- |

8.

also considers, in the framework of the ‘Six-Pack’, that there is a case for revising the methods for calculating structural deficit, so as to give consideration to the specific characteristics of national economies and structural differences in public spending;

EU cohesion policy must remain an investment policy

| 9. | has serious concerns about the risks which the planned measures for the 2014-2020 period could entail for Europe's economic growth, not to mention economic and social development projects, by creating insecurity about the ERDF and ESF programmes, as from 2015. The planning of these programmes is already under sufficient threat from programming delays that have resulted from the late completion of the negotiations on the multiannual financial framework and the difficulty Member States and local and regional authorities have in meeting ex-ante conditionality requirements; |
| --- | --- |

9.

has serious concerns about the risks which the planned measures for the 2014-2020 period could entail for Europe's economic growth, not to mention economic and social development projects, by creating insecurity about the ERDF and ESF programmes, as from 2015. The planning of these programmes is already under sufficient threat from programming delays that have resulted from the late completion of the negotiations on the multiannual financial framework and the difficulty Member States and local and regional authorities have in meeting ex-ante conditionality requirements;

| 10. | emphasises, in this regard, the greater and more important role played by local and regional authorities, which manage about 33 % of public expenditure, a slight increase of 2 % over the last two decades (1995-2013), i.e. 16 % of GDP. While their powers may vary according to the country, depending on their institutional organisation, they play a far more important role than central authorities in providing public services and, in particular, the type of spending that generates growth, as defined by the Commission itself (cf. the sixth cohesion report), in the areas of education, health, environmental protection, transport, R&D and energy; |
| --- | --- |

10.

emphasises, in this regard, the greater and more important role played by local and regional authorities, which manage about 33 % of public expenditure, a slight increase of 2 % over the last two decades (1995-2013), i.e. 16 % of GDP. While their powers may vary according to the country, depending on their institutional organisation, they play a far more important role than central authorities in providing public services and, in particular, the type of spending that generates growth, as defined by the Commission itself (cf. the sixth cohesion report), in the areas of education, health, environmental protection, transport, R&D and energy;

| 11. | therefore calls for the investment clause to be reviewed so as to enable regional and national investments co-financed through EU funds (ESI or CEF funding) to be excluded from the calculation of national deficits in the framework of the European Semester; |
| --- | --- |

11.

therefore calls for the investment clause to be reviewed so as to enable regional and national investments co-financed through EU funds (ESI or CEF funding) to be excluded from the calculation of national deficits in the framework of the European Semester;

| 12. | emphasises the inherent contradiction between macroeconomic conditionality provisions, on the one hand, and the Stability and Growth Pact's provisions, on the other, since the latter allows for flexibility in its application in exceptional and temporary circumstances defined by Regulation 1177/2011, and since, by the Commission's own evaluation, ‘the EU fiscal framework offers enough scope to balance the acknowledgement of productive public investment needs with fiscal discipline objectives’ (4); |
| --- | --- |

12.

emphasises the inherent contradiction between macroeconomic conditionality provisions, on the one hand, and the Stability and Growth Pact's provisions, on the other, since the latter allows for flexibility in its application in exceptional and temporary circumstances defined by Regulation 1177/2011, and since, by the Commission's own evaluation, ‘the EU fiscal framework offers enough scope to balance the acknowledgement of productive public investment needs with fiscal discipline objectives’ (4);

| 13. | therefore reiterates its concerns regarding Eurostat's new ESA 2010 accounting framework, implemented as from September 2014, which makes no distinction between expenditure and investment and which obliges local and regional authorities to apply maximum investment ceilings per year and per inhabitant. These ceilings could prevent local and regional authorities in certain Member States from providing the co-financing needed for ESIF projects. The Committee therefore urges the Commission to present a report on the implementation of ESA 2010; |
| --- | --- |

13.

therefore reiterates its concerns regarding Eurostat's new ESA 2010 accounting framework, implemented as from September 2014, which makes no distinction between expenditure and investment and which obliges local and regional authorities to apply maximum investment ceilings per year and per inhabitant. These ceilings could prevent local and regional authorities in certain Member States from providing the co-financing needed for ESIF projects. The Committee therefore urges the Commission to present a report on the implementation of ESA 2010;

| 14. | points out that the national fiscal consolidation measures adopted to address the economic and financial crisis affected local and regional authorities in three distinct ways. Firstly, these measures seriously hindered their capacity to contribute to public investment, which was around 2,3 % of GDP between 2002 and 2007 in EU27, and fell to 1,8 % of GDP, but more importantly, shrank by 7,2 % in real terms in 2010, by 5,9 % in 2011, by 3,3 % in 2012, and by 8,6 % in 2013; |
| --- | --- |

14.

points out that the national fiscal consolidation measures adopted to address the economic and financial crisis affected local and regional authorities in three distinct ways. Firstly, these measures seriously hindered their capacity to contribute to public investment, which was around 2,3 % of GDP between 2002 and 2007 in EU27, and fell to 1,8 % of GDP, but more importantly, shrank by 7,2 % in real terms in 2010, by 5,9 % in 2011, by 3,3 % in 2012, and by 8,6 % in 2013;

| 15. | secondly, since current transfers and capital transfers from the national authorities are the key sources of revenue for local and regional authorities in almost all EU countries, their revenues were significantly reduced, which had an immediate destabilising impact on their budgets. The situation was even worse for Spanish regions since their revenues fell by 62 % in real terms following a sharp fall in transfers from the national authorities (45 %), on the one hand, and a substantial increase in transfers from the regions to the national authorities (from barely EUR 1,4 billion to EUR 10,1 billion at 2005 prices); |
| --- | --- |

15.

secondly, since current transfers and capital transfers from the national authorities are the key sources of revenue for local and regional authorities in almost all EU countries, their revenues were significantly reduced, which had an immediate destabilising impact on their budgets. The situation was even worse for Spanish regions since their revenues fell by 62 % in real terms following a sharp fall in transfers from the national authorities (45 %), on the one hand, and a substantial increase in transfers from the regions to the national authorities (from barely EUR 1,4 billion to EUR 10,1 billion at 2005 prices);

| 16. | thirdly, according to the OECD, fiscal consolidation measures further reduced their investment capacity so that local and regional authorities also had to cope with worse borrowing conditions; |
| --- | --- |

16.

thirdly, according to the OECD, fiscal consolidation measures further reduced their investment capacity so that local and regional authorities also had to cope with worse borrowing conditions;

| 17. | emphasises the scale of the ESIF's contribution to public investment at a time of crisis since it rose from 11,5 % of EU public investment in terms of gross fixed capital formation (GFCF) in 2007 to 18,1 % in 2013. Its contribution amounted to over 75 % of public investment in some countries. During the 2007-2013 period, allocations under the Structural Funds and the Cohesion Fund, and associated national co-financing, amounted to an annual average of approximately 0,55 % of EU27 GDP; |
| --- | --- |

17.

emphasises the scale of the ESIF's contribution to public investment at a time of crisis since it rose from 11,5 % of EU public investment in terms of gross fixed capital formation (GFCF) in 2007 to 18,1 % in 2013. Its contribution amounted to over 75 % of public investment in some countries. During the 2007-2013 period, allocations under the Structural Funds and the Cohesion Fund, and associated national co-financing, amounted to an annual average of approximately 0,55 % of EU27 GDP;

| 18. | therefore believes that it is illogical to threaten a Member State facing economic difficulties with the suspension of ERDF and ESF funding. Lower public expenditure does not automatically lead to lower public deficits and can have a negative social impact; |
| --- | --- |

18.

therefore believes that it is illogical to threaten a Member State facing economic difficulties with the suspension of ERDF and ESF funding. Lower public expenditure does not automatically lead to lower public deficits and can have a negative social impact;

| 19. | has serious concerns about a potential deterioration in national and subnational public finances as a consequence of suspended payments as well as commitments. It also draws attention to the fact that the limitations of linking the Structural Funds to the sound economic governance of public deficits have already been demonstrated by its original application to the Cohesion Fund, bearing in mind that penalising deficits is more likely to aggravate the economic situation of the countries concerned; |
| --- | --- |

19.

has serious concerns about a potential deterioration in national and subnational public finances as a consequence of suspended payments as well as commitments. It also draws attention to the fact that the limitations of linking the Structural Funds to the sound economic governance of public deficits have already been demonstrated by its original application to the Cohesion Fund, bearing in mind that penalising deficits is more likely to aggravate the economic situation of the countries concerned;

| 20. | reiterates its call for the European Commission to present a white paper setting out an EU-level typology for the quality of public investment in public accounts, on the basis of its long-term effects. If necessary, this typology could lead to a weighted evaluation of the quality of public investment in the calculation of budget deficits or to a better consideration of the actual macroeconomic cycle or context; |
| --- | --- |

20.

reiterates its call for the European Commission to present a white paper setting out an EU-level typology for the quality of public investment in public accounts, on the basis of its long-term effects. If necessary, this typology could lead to a weighted evaluation of the quality of public investment in the calculation of budget deficits or to a better consideration of the actual macroeconomic cycle or context;

A counterproductive reprogramming of funds

| 21. | doubts that the content of reprogramming and associated arrangements will systematically deliver positive outcomes, contribute to improving the country's long-term competitiveness and redirect its economic development towards the sectors of the future. An analysis of what has been accomplished since 2009 reveals that the urgency of the situation led the Commission and the Member States to give preference to ongoing projects in order to boost the uptake of appropriations and generate cash flows. These decisions made it generally possible to increase allocations for R&D and innovation, generic support for businesses, renewable energies, roads and the labour market along with measures that were more specifically geared to youth employment. However, they may also have led to the neglect of growth driving sectors such as ICT services, environmental investments, railways, education and training, and capacity building; |
| --- | --- |

21.

doubts that the content of reprogramming and associated arrangements will systematically deliver positive outcomes, contribute to improving the country's long-term competitiveness and redirect its economic development towards the sectors of the future. An analysis of what has been accomplished since 2009 reveals that the urgency of the situation led the Commission and the Member States to give preference to ongoing projects in order to boost the uptake of appropriations and generate cash flows. These decisions made it generally possible to increase allocations for R&D and innovation, generic support for businesses, renewable energies, roads and the labour market along with measures that were more specifically geared to youth employment. However, they may also have led to the neglect of growth driving sectors such as ICT services, environmental investments, railways, education and training, and capacity building;

| 22. | is concerned that the legal limits of reprogramming, such as they arise from the obligation to respect the thematic priorities, the ESF-ERDF balance, etc., are somewhat impractical; |
| --- | --- |

22.

is concerned that the legal limits of reprogramming, such as they arise from the obligation to respect the thematic priorities, the ESF-ERDF balance, etc., are somewhat impractical;

| 23. | considers the implementation of a measure that will only be applied between 2015 and 2019 to be unrealistic; |
| --- | --- |

23.

considers the implementation of a measure that will only be applied between 2015 and 2019 to be unrealistic;

| 24. | believes that reprogramming is far from easy and quick to implement. Based on the last five years' experience, as described in the sixth cohesion report, when it led to the involvement of substantial human resources in the eight Member States concerned and the Commission, it will be extremely expensive and difficult for national, regional and local authorities to manage; |
| --- | --- |

24.

believes that reprogramming is far from easy and quick to implement. Based on the last five years' experience, as described in the sixth cohesion report, when it led to the involvement of substantial human resources in the eight Member States concerned and the Commission, it will be extremely expensive and difficult for national, regional and local authorities to manage;

| 25. | is concerned that reprogramming will lead to more red tape since it will entail the same requirements as the preparation of a partnership agreement (performance indicators, conditions, etc.), which will mean bringing in more experts and agreeing to additional expenditure. Burdening current employees with too many additional obligations can make them less effective at work — the opposite of what is expected; |
| --- | --- |

25.

is concerned that reprogramming will lead to more red tape since it will entail the same requirements as the preparation of a partnership agreement (performance indicators, conditions, etc.), which will mean bringing in more experts and agreeing to additional expenditure. Burdening current employees with too many additional obligations can make them less effective at work — the opposite of what is expected;

| 26. | deplores the unnecessary administrative burden that reprogramming will place not only on the EU and national authorities but also, and above all, on regions that are managing authorities, which will result in significant additional costs due to the urgency of responding to the Commission's requests and the need to take on more staff; |
| --- | --- |

26.

deplores the unnecessary administrative burden that reprogramming will place not only on the EU and national authorities but also, and above all, on regions that are managing authorities, which will result in significant additional costs due to the urgency of responding to the Commission's requests and the need to take on more staff;

Macroconditionality is out of line with the European spirit

| 27. | deplores the recentralisation at national and EU level that underpins the entire measure and involves considerable interference from the Commission. The tight reprogramming deadlines will undoubtedly undermine the partnership principle and multilevel governance, which are at the heart of cohesion policy; |
| --- | --- |

27.

deplores the recentralisation at national and EU level that underpins the entire measure and involves considerable interference from the Commission. The tight reprogramming deadlines will undoubtedly undermine the partnership principle and multilevel governance, which are at the heart of cohesion policy;

| 28. | emphasises the damage to public opinion that would be caused by such a sanction, which would undoubtedly fuel hostility towards the EU still further; |
| --- | --- |

28.

emphasises the damage to public opinion that would be caused by such a sanction, which would undoubtedly fuel hostility towards the EU still further;

| 29. | is surprised that the European Parliament's democratic oversight of this new macroeconomic conditionality system will no longer be exercised to the full as a result of this steady technocratic drift, especially where the reprogramming of funds is concerned. As a result, the Committee issues a strong call for the Commission to restore the European Parliament's central decision-making role in the implementation of the principle of macroeconomic conditionality, in association with the European Committee of the Regions. |
| --- | --- |

29.

is surprised that the European Parliament's democratic oversight of this new macroeconomic conditionality system will no longer be exercised to the full as a result of this steady technocratic drift, especially where the reprogramming of funds is concerned. As a result, the Committee issues a strong call for the Commission to restore the European Parliament's central decision-making role in the implementation of the principle of macroeconomic conditionality, in association with the European Committee of the Regions.

Brussels, 12 February 2015.

The president of the European Committee of the Regions

Markku MARKKULA

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(1)  CdR 4/2012 fin.

1

(2)  Eurostat — DG REGIO.

2

(3)  Quality of Government and Returns of Investment, OECD Regional Development Working Papers, No 2013/12.

3

Quality of Government and Returns of Investment

(4)  See European Commission, Quality of public expenditure in the EU, p. 31.

4

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| 28.4.2015 | EN | Official Journal of the European Union | C 140/32 |
| --- | --- | --- | --- |

28.4.2015

EN

Official Journal of the European Union

C 140/32

---

Opinion of the European Committee of the Regions — Local and regional authorities and the multilevel protection of the rule of law and fundamental rights in the EU

(2015/C 140/07)

| Rapporteur | : | Luc Van den Brande (BE/EPP), Chairman of the Flemish-European Liaison Agency |
| --- | --- | --- |
| Reference document | : | A new EU Framework to strengthen the Rule of Law
  COM(2014) 158 final |

Rapporteur

:

Luc Van den Brande (BE/EPP), Chairman of the Flemish-European Liaison Agency

Reference document

:

A new EU Framework to strengthen the Rule of Law

COM(2014) 158 final

I.   POLICY RECOMMENDATIONS

THE EUROPEAN COMMITTEE OF THE REGIONS

The principles of the rule of law, MLG and the European Commission's communication

| 1. | takes the view that democracy, human rights and the rule of law are the three fundamental pillars on which any legal system — whatever its shape and form — must be founded. Democracy is a ‘collective right’, and human rights are inalienable individual rights that must be safeguarded in all circumstances, even if the democracy itself is not complete or perfect. The principles of the rule of law and resultant practices are essential for giving concrete form to democracy and safeguarding human rights. Therefore wholeheartedly welcomes the Commission proposal to set up a framework to protect the rule of law in the EU which, as a basis for mutual trust between the Member States, and between them and EU citizens, is essential for European integration. A common framework of this kind is an asset, not only for the Member States but also for the local and regional authorities, as in practice the latter bear much of the responsibility for the implementation of fundamental rights and freedoms; |
| --- | --- |

1.

takes the view that democracy, human rights and the rule of law are the three fundamental pillars on which any legal system — whatever its shape and form — must be founded. Democracy is a ‘collective right’, and human rights are inalienable individual rights that must be safeguarded in all circumstances, even if the democracy itself is not complete or perfect. The principles of the rule of law and resultant practices are essential for giving concrete form to democracy and safeguarding human rights. Therefore wholeheartedly welcomes the Commission proposal to set up a framework to protect the rule of law in the EU which, as a basis for mutual trust between the Member States, and between them and EU citizens, is essential for European integration. A common framework of this kind is an asset, not only for the Member States but also for the local and regional authorities, as in practice the latter bear much of the responsibility for the implementation of fundamental rights and freedoms;

| 2. | points out that human rights, as fundamental rights connected with respect for people's dignity as individuals, take precedence over any institutional structures and, in essence, precede them; |
| --- | --- |

2.

points out that human rights, as fundamental rights connected with respect for people's dignity as individuals, take precedence over any institutional structures and, in essence, precede them;

| 3. | notes that, although there is no universal definition of the rule of law, there is a European legal tradition regarding this central concept, it is founded on three principles: (1) the legal obligations of all citizens, and enforcement thereof, should be based on law, and not dependent on an arbitrary or unilateral decision by the executive or on any discretionary power; (2) disputes between citizens and the executive should be resolved pursuant to ordinary legislation by an independent, neutral judiciary; and (3) citizens' fundamental rights (freedom of the individual, freedom of opinion, freedom of association, etc.) must be respected and clearly defined and based on clear basic legislation and not dependent on vague constitutional concepts, declarations or guarantees or arbitrary interpretations. The scope of these principles is twofold: firstly, governments should exercise their powers in line with published laws and regulations that are written in clear language, are based on solid legal foundations and are implemented fairly and openly; and secondly, governments should comply with their Constitution and the laws to which they are subject; |
| --- | --- |

3.

notes that, although there is no universal definition of the rule of law, there is a European legal tradition regarding this central concept, it is founded on three principles: (1) the legal obligations of all citizens, and enforcement thereof, should be based on law, and not dependent on an arbitrary or unilateral decision by the executive or on any discretionary power; (2) disputes between citizens and the executive should be resolved pursuant to ordinary legislation by an independent, neutral judiciary; and (3) citizens' fundamental rights (freedom of the individual, freedom of opinion, freedom of association, etc.) must be respected and clearly defined and based on clear basic legislation and not dependent on vague constitutional concepts, declarations or guarantees or arbitrary interpretations. The scope of these principles is twofold: firstly, governments should exercise their powers in line with published laws and regulations that are written in clear language, are based on solid legal foundations and are implemented fairly and openly; and secondly, governments should comply with their Constitution and the laws to which they are subject;

| 4. | feels that the important principle of subsidiarity (Article 5(3) of the TEU) should likewise serve as a foundation and guide when implementing the multilevel governance (MLG) concept to the protection of human rights; |
| --- | --- |

4.

feels that the important principle of subsidiarity (Article 5(3) of the TEU) should likewise serve as a foundation and guide when implementing the multilevel governance (MLG) concept to the protection of human rights;

| 5. | points out that, since their adoption, the European Convention on Human Rights and the Charter of Fundamental Rights of the EU, as the most advanced framework so far available in this area, have formed a binding foundation for the Union itself, for all Member States and for all levels of government, on which the principles of the rule of law and the implementation of those principles must be based; |
| --- | --- |

5.

points out that, since their adoption, the European Convention on Human Rights and the Charter of Fundamental Rights of the EU, as the most advanced framework so far available in this area, have formed a binding foundation for the Union itself, for all Member States and for all levels of government, on which the principles of the rule of law and the implementation of those principles must be based;

| 6. | notes that the concept of MLG, as developed in the EU and also in the area covered by the Council of Europe, has been inspired by the fact that there has been, and continues to be, a much-needed development in governance within the EU, from a ‘top down’ model towards a more inclusive one that combines both ‘bottom-up’ and ‘top-down’ approaches and takes account of the two dimensions of subsidiarity: the ‘vertical’ dimension of boosting the involvement, shared responsibility and partnership of local and regional elected representatives, and the ‘horizontal’ dimension of ensuring that other stakeholders (socio- economic, educational, health, cultural) in society are given, and take, a share of responsibility in all fields of policy. MLG includes multi-stakeholder and multi-level governance. The day-to-day policy of local and regional authorities is affected by events and by actions and influences on national and European level which in many areas determine scope for action on the entire continent, and ultimately throughout the whole world. The rule of law operates also at different levels in the European Union and must therefore be protected in the interaction between the various levels. A policy of equal opportunities, and ultimately of social integration, takes account of the realities of globalisation and the challenges they bring in terms of employment opportunities and access to the facilities provided by the welfare state. Each national system has its own history and its own model, but we are moving towards the definition of transnational quality requirements, ultimately a European area of fundamental rights, including also social rights, will emerge, founded on multilevel governance and horizontal interconnections; |
| --- | --- |

6.

notes that the concept of MLG, as developed in the EU and also in the area covered by the Council of Europe, has been inspired by the fact that there has been, and continues to be, a much-needed development in governance within the EU, from a ‘top down’ model towards a more inclusive one that combines both ‘bottom-up’ and ‘top-down’ approaches and takes account of the two dimensions of subsidiarity: the ‘vertical’ dimension of boosting the involvement, shared responsibility and partnership of local and regional elected representatives, and the ‘horizontal’ dimension of ensuring that other stakeholders (socio- economic, educational, health, cultural) in society are given, and take, a share of responsibility in all fields of policy. MLG includes multi-stakeholder and multi-level governance. The day-to-day policy of local and regional authorities is affected by events and by actions and influences on national and European level which in many areas determine scope for action on the entire continent, and ultimately throughout the whole world. The rule of law operates also at different levels in the European Union and must therefore be protected in the interaction between the various levels. A policy of equal opportunities, and ultimately of social integration, takes account of the realities of globalisation and the challenges they bring in terms of employment opportunities and access to the facilities provided by the welfare state. Each national system has its own history and its own model, but we are moving towards the definition of transnational quality requirements, ultimately a European area of fundamental rights, including also social rights, will emerge, founded on multilevel governance and horizontal interconnections;

| 7. | feels that multi-level governance makes it possible to address a possible threat of the rule of law in a concrete situation and compensate for a number of shortcomings, including a lack of information, capacity, financial resources, administrative options and political impact by involving local and regional authorities in the surveillance and implementation of the principles of the rule of law in the EU. It also results in a more participatory democracy, greater transparency and accountability and gives the public a more prominent position. Protecting the rule of law is thus a way of bringing Europe closer to the citizens and vice versa — all with the aim, as set out in the White Paper on multilevel governance, of achieving ‘coordinated [institutional] action by the European Union, the Member States and local and regional authorities, based on partnership and aimed at drawing up and implementing EU policies’; |
| --- | --- |

7.

feels that multi-level governance makes it possible to address a possible threat of the rule of law in a concrete situation and compensate for a number of shortcomings, including a lack of information, capacity, financial resources, administrative options and political impact by involving local and regional authorities in the surveillance and implementation of the principles of the rule of law in the EU. It also results in a more participatory democracy, greater transparency and accountability and gives the public a more prominent position. Protecting the rule of law is thus a way of bringing Europe closer to the citizens and vice versa — all with the aim, as set out in the White Paper on multilevel governance, of achieving ‘coordinated [institutional] action by the European Union, the Member States and local and regional authorities, based on partnership and aimed at drawing up and implementing EU policies’;

| 8. | points out that this concept has gradually been taking shape starting from the 2009 White Paper on MLG, as can be seen from our follow-up opinion — adopted by the European Committee of the Regions in 2012 — and from the Ateliers we have held, the scoreboard we created, and the MLG Charter we published very recently. Quite apart from the fact that this concept is making more and more headway in a variety of policy areas and is even being applied by various partners, one of its initial results can be seen in the general provisions and subsequent code of conduct for the European Structural and Investment Funds; |
| --- | --- |

8.

points out that this concept has gradually been taking shape starting from the 2009 White Paper on MLG, as can be seen from our follow-up opinion — adopted by the European Committee of the Regions in 2012 — and from the Ateliers we have held, the scoreboard we created, and the MLG Charter we published very recently. Quite apart from the fact that this concept is making more and more headway in a variety of policy areas and is even being applied by various partners, one of its initial results can be seen in the general provisions and subsequent code of conduct for the European Structural and Investment Funds;

| 9. | notes that the Commission communication specifically states that the rule of law is the backbone of any modern democracy, and that it is one of the founding principles stemming from the common constitutional traditions of all the Member States of the EU and, as such, one of the main values upon which the Union is based as an area of freedom, security and justice (Article 2 of the TEU and preambles to the Treaty and the Charter of Fundamental Rights of the European Union). The aim of the proposed framework is to deal with future threats to the rule of law before the requirements allowing for the activation of the mechanisms set out in Article 7 of the TEU are met and come into effect, without prejudice to the existing infringement proceedings under Article 258 of the TFEU; |
| --- | --- |

9.

notes that the Commission communication specifically states that the rule of law is the backbone of any modern democracy, and that it is one of the founding principles stemming from the common constitutional traditions of all the Member States of the EU and, as such, one of the main values upon which the Union is based as an area of freedom, security and justice (Article 2 of the TEU and preambles to the Treaty and the Charter of Fundamental Rights of the European Union). The aim of the proposed framework is to deal with future threats to the rule of law before the requirements allowing for the activation of the mechanisms set out in Article 7 of the TEU are met and come into effect, without prejudice to the existing infringement proceedings under Article 258 of the TFEU;

| 10. | notes that the new legal framework thus introduces a horizontal, transnational approach for instances where the EU's fabric of shared values is put at risk by the actions of State actors and current infringement proceedings may not always provide a solution. This means that it is necessary to strengthen the rule of law as a key shared value of the EU in order to achieve the objectives of protecting fundamental values, of which the protection of fundamental rights is an essential component; |
| --- | --- |

10.

notes that the new legal framework thus introduces a horizontal, transnational approach for instances where the EU's fabric of shared values is put at risk by the actions of State actors and current infringement proceedings may not always provide a solution. This means that it is necessary to strengthen the rule of law as a key shared value of the EU in order to achieve the objectives of protecting fundamental values, of which the protection of fundamental rights is an essential component;

| 11. | feels that the new framework, which follows a three-stage process, should fill a gap and create possibilities for the EU institutions to assess the rule of law, and eventually react when a Member State is at risk of creating a systemic threat to the rule of law through its own action. For this reason, the new mechanism foresees three steps: (1) an objective and careful assessment of the situation in the Member State concerned, (2) recommendations for immediate and concrete actions to prevent threats to the rule of law, unless the issue has since been resolved satisfactorily, and (3) monitoring the action taken by the Member State concerned to follow up on the recommendation made to it. In this procedure which is based on dialogue with the Member State concerned, it is of outmost importance to involve the different levels of governance as early as possible, including the local and regional levels, as well as civil society; |
| --- | --- |

11.

feels that the new framework, which follows a three-stage process, should fill a gap and create possibilities for the EU institutions to assess the rule of law, and eventually react when a Member State is at risk of creating a systemic threat to the rule of law through its own action. For this reason, the new mechanism foresees three steps: (1) an objective and careful assessment of the situation in the Member State concerned, (2) recommendations for immediate and concrete actions to prevent threats to the rule of law, unless the issue has since been resolved satisfactorily, and (3) monitoring the action taken by the Member State concerned to follow up on the recommendation made to it. In this procedure which is based on dialogue with the Member State concerned, it is of outmost importance to involve the different levels of governance as early as possible, including the local and regional levels, as well as civil society;

Strengthening protection of fundamental rights: a new and innovative MLG framework for the EU

| 12. | points out that local and regional authorities (LRAs) are on the front line, directly facing the challenges and problems that may directly affect rule of law procedures and thus the enforceability of certain fundamental rights arising from day to day in many fields — economic problems, unemployment, the environment and climate change, to name but a few. The special role of the LRAs comes also from their expertise, which allows them to identify possible systemic threats to the rule of law at an early stage but also from the fact that they are results-oriented — something that European policy must also constantly keep in mind. This is particularly true in a globalised world where migration and mobility have given rise to new intercultural relations and a pluralistic society with diverse values and religions — which is at its most tangible in local communities. Results on protection of the rule of law and fundamental rights can only be achieved if all political levels work together, are appropriately networked and play their part, based on their competences and responsibilities, and if they coordinate their various contributions. In many areas, there is a growing awareness that ‘evidence-based’ and ‘place-based’ policy is necessary in order to achieve better results. This, of course, also applies to the protection of fundamental rights. Strengthening these rights has a positive impact on social and economic development. Taking decisions at a level as close as possible to the general public strengthens people's trust both in each other and in the community in which they live; |
| --- | --- |

12.

points out that local and regional authorities (LRAs) are on the front line, directly facing the challenges and problems that may directly affect rule of law procedures and thus the enforceability of certain fundamental rights arising from day to day in many fields — economic problems, unemployment, the environment and climate change, to name but a few. The special role of the LRAs comes also from their expertise, which allows them to identify possible systemic threats to the rule of law at an early stage but also from the fact that they are results-oriented — something that European policy must also constantly keep in mind. This is particularly true in a globalised world where migration and mobility have given rise to new intercultural relations and a pluralistic society with diverse values and religions — which is at its most tangible in local communities. Results on protection of the rule of law and fundamental rights can only be achieved if all political levels work together, are appropriately networked and play their part, based on their competences and responsibilities, and if they coordinate their various contributions. In many areas, there is a growing awareness that ‘evidence-based’ and ‘place-based’ policy is necessary in order to achieve better results. This, of course, also applies to the protection of fundamental rights. Strengthening these rights has a positive impact on social and economic development. Taking decisions at a level as close as possible to the general public strengthens people's trust both in each other and in the community in which they live;

| 13. | is struck by the extent to which, in just the last few years, EU discourse on fundamental rights and strengthening the rule of law has latched onto the paradigm of MLG. Furthermore, the operational principles set out in our follow-up opinion in 2012, in the scoreboard we developed and, of course, in the Charter for MLG, are also key tools in translating this vision into operational terms; |
| --- | --- |

13.

is struck by the extent to which, in just the last few years, EU discourse on fundamental rights and strengthening the rule of law has latched onto the paradigm of MLG. Furthermore, the operational principles set out in our follow-up opinion in 2012, in the scoreboard we developed and, of course, in the Charter for MLG, are also key tools in translating this vision into operational terms;

| 14. | notes that the fundamental values championed by ‘Europe’ (not just the EU and the Council of Europe, but also the leading national traditions) relate not only to the democratic rule of law, but also to the policies pursued to give those values a real chance of becoming a reality. If this perspective is applied consistently, the position of local and regional authorities (LRAs) will be seen in a completely different light. Instead of simply being bodies that implement national (and European) legislation and policy measures (the top-down approach), they will be full stakeholders with the political responsibility of shaping an integrated policy, within a specified framework and taking account of local circumstances. This is not just about civil and political rights, but also about economic and social ones (education, employment, health, welfare and housing); |
| --- | --- |

14.

notes that the fundamental values championed by ‘Europe’ (not just the EU and the Council of Europe, but also the leading national traditions) relate not only to the democratic rule of law, but also to the policies pursued to give those values a real chance of becoming a reality. If this perspective is applied consistently, the position of local and regional authorities (LRAs) will be seen in a completely different light. Instead of simply being bodies that implement national (and European) legislation and policy measures (the top-down approach), they will be full stakeholders with the political responsibility of shaping an integrated policy, within a specified framework and taking account of local circumstances. This is not just about civil and political rights, but also about economic and social ones (education, employment, health, welfare and housing);

| 15. | points out that LRAs are the first authorities to encounter problems when fundamental rights are not properly implemented under national policy. They deal with individuals, groups or ‘categories’ who are the first affected by infringements of rule-of-law principles and restrictions of fundamental rights. One particular focus in this connection is safeguarding the universal fundamental rights of all their residents, independently of the rights and facilities that apply only to EU citizens; |
| --- | --- |

15.

points out that LRAs are the first authorities to encounter problems when fundamental rights are not properly implemented under national policy. They deal with individuals, groups or ‘categories’ who are the first affected by infringements of rule-of-law principles and restrictions of fundamental rights. One particular focus in this connection is safeguarding the universal fundamental rights of all their residents, independently of the rights and facilities that apply only to EU citizens;

| 16. | believes that fundamental rights, such as equal access to decent jobs and social emancipation, must therefore be systematically promoted by means of appropriate support measures. In this regard, LRAs — alongside national and European levels of government and civil society — are full partners in a strategic movement to make the social rule of law a reality; |
| --- | --- |

16.

believes that fundamental rights, such as equal access to decent jobs and social emancipation, must therefore be systematically promoted by means of appropriate support measures. In this regard, LRAs — alongside national and European levels of government and civil society — are full partners in a strategic movement to make the social rule of law a reality;

| 17. | considers that concerns about possible violations of fundamental rights must be expanded to encompass a systematic political will to implement the rule of law in the European Union and its Member States in positive terms as well. There therefore needs to be a shift from a concept of the rule of law which is based solely on legal protection, towards a dynamic concept in which policy measures should be used to give fundamental rights concrete expression in society. This dimension has not been highlighted sufficiently by the Commission, which has been (excessively) cautious with regard to the ‘internal affairs’ of the Member States, and whose new policy framework seeks primarily to develop a more flexible alternative to a proper infringement procedure so that action can be taken at an early stage. The increasingly widely accepted principle of MLG could be a useful approach in this respect. The Commission's communication opens up the prospect of a proactive approach, not least in its reference to the Venice Commission; in order for this approach to be effective, however, it must involve the various levels of government and civil society in the state in question; |
| --- | --- |

17.

considers that concerns about possible violations of fundamental rights must be expanded to encompass a systematic political will to implement the rule of law in the European Union and its Member States in positive terms as well. There therefore needs to be a shift from a concept of the rule of law which is based solely on legal protection, towards a dynamic concept in which policy measures should be used to give fundamental rights concrete expression in society. This dimension has not been highlighted sufficiently by the Commission, which has been (excessively) cautious with regard to the ‘internal affairs’ of the Member States, and whose new policy framework seeks primarily to develop a more flexible alternative to a proper infringement procedure so that action can be taken at an early stage. The increasingly widely accepted principle of MLG could be a useful approach in this respect. The Commission's communication opens up the prospect of a proactive approach, not least in its reference to the Venice Commission; in order for this approach to be effective, however, it must involve the various levels of government and civil society in the state in question;

| 18. | sees LRAs as vital partners for European and national levels of government in working with civil society, not only to protect the modern rule-of-law principle, but also to work actively and strategically to shape it, via their own policy initiatives. This is the key challenge for all levels of governance. Parties that systematically opt out of this are infringing the Charter of Fundamental Rights and swimming against the European tide; |
| --- | --- |

18.

sees LRAs as vital partners for European and national levels of government in working with civil society, not only to protect the modern rule-of-law principle, but also to work actively and strategically to shape it, via their own policy initiatives. This is the key challenge for all levels of governance. Parties that systematically opt out of this are infringing the Charter of Fundamental Rights and swimming against the European tide;

| 19. | feels that it is necessary to respect the essential role of LRAs in safeguarding fundamental rights in order to ensure that they are implemented more effectively, provided that this is always done in keeping with relevant customs or Constitutions; |
| --- | --- |

19.

feels that it is necessary to respect the essential role of LRAs in safeguarding fundamental rights in order to ensure that they are implemented more effectively, provided that this is always done in keeping with relevant customs or Constitutions;

| 20. | feels that LRAs should be given the opportunity to refer matters directly to the European Commission if they identify threats to the rule of law. The European Commission should set up appropriate mechanisms for this; |
| --- | --- |

20.

feels that LRAs should be given the opportunity to refer matters directly to the European Commission if they identify threats to the rule of law. The European Commission should set up appropriate mechanisms for this;

| 21. | takes the view that the protection of fundamental rights is not just a matter for the European Commission, but that the European Parliament should also be making an active contribution. It is necessary, in cases where there is an imminent threat to the rule of law, to provide the necessary parliamentary transparency at EU level, with the involvement of LRAs, as this will help with assessing the situation; |
| --- | --- |

21.

takes the view that the protection of fundamental rights is not just a matter for the European Commission, but that the European Parliament should also be making an active contribution. It is necessary, in cases where there is an imminent threat to the rule of law, to provide the necessary parliamentary transparency at EU level, with the involvement of LRAs, as this will help with assessing the situation;

| 22. | notes, however, that a distinction can also be made between the horizontal and vertical dimensions at regional and even local level. The horizontal dimension relates to the interaction between public and private initiatives, for example with regard to socio-economic development and education, health and care facilities; |
| --- | --- |

22.

notes, however, that a distinction can also be made between the horizontal and vertical dimensions at regional and even local level. The horizontal dimension relates to the interaction between public and private initiatives, for example with regard to socio-economic development and education, health and care facilities;

| 23. | notes that LRAs — or at least those with legislative competences — are directly responsible for implementing a number of fundamental rights, and have developed general policy guidelines to this end. In practical terms, this also applies to specific civil rights concerning protection of freedom of expression, association and action, participation in free and fair elections and, more generally, combating all forms of discrimination within people's local or regional community. In this sense, local and regional authorities are not just conduits for obvious violations of fundamental rights, but should also develop and implement their own specific guidelines for implementing these rights; |
| --- | --- |

23.

notes that LRAs — or at least those with legislative competences — are directly responsible for implementing a number of fundamental rights, and have developed general policy guidelines to this end. In practical terms, this also applies to specific civil rights concerning protection of freedom of expression, association and action, participation in free and fair elections and, more generally, combating all forms of discrimination within people's local or regional community. In this sense, local and regional authorities are not just conduits for obvious violations of fundamental rights, but should also develop and implement their own specific guidelines for implementing these rights;

| 24. | notes that the EU's conventional approach is based on the assumption that our regions, cities and municipalities are populated by EU citizens, and that non-discrimination policy therefore focuses on the rights of citizens of other Member States. However, the sociological reality, at least in the bigger cities, is of course much more complex. The only way of achieving social integration is via forms of representative and participatory democracy as a platform for shared co-existence, safeguarding also the local historical and cultural heritage. Therefore, if we want to include all inhabitants, we also need to expand the definition of ‘citizenship’ (see the Council of Europe's White Paper on Intercultural Dialogue (2008)): ‘Citizenship, in the widest sense, is a right and indeed a responsibility to participate in the cultural, social and economic life and in public affairs of the community together with others’. Along the same lines, Professor Antonio Papisca refers to ‘nova civitas’; |
| --- | --- |

24.

notes that the EU's conventional approach is based on the assumption that our regions, cities and municipalities are populated by EU citizens, and that non-discrimination policy therefore focuses on the rights of citizens of other Member States. However, the sociological reality, at least in the bigger cities, is of course much more complex. The only way of achieving social integration is via forms of representative and participatory democracy as a platform for shared co-existence, safeguarding also the local historical and cultural heritage. Therefore, if we want to include all inhabitants, we also need to expand the definition of ‘citizenship’ (see the Council of Europe's White Paper on Intercultural Dialogue (2008)): ‘Citizenship, in the widest sense, is a right and indeed a responsibility to participate in the cultural, social and economic life and in public affairs of the community together with others’. Along the same lines, Professor Antonio Papisca refers to ‘nova civitas’;

| 25. | considers that the Strategic EU Framework on Fundamental Rights proposed by the FRA (EU Agency for Fundamental Rights) provides a basis for putting into practice the aforementioned connection between the horizontal and vertical dimensions, with a view to securing effective participation, cooperation and coordination. To this end, it should be ensured that the Fundamental Rights Agency is in a position to monitor compliance with the rule-of-law principle and respect for fundamental rights in the EU Member States, and to raise the alarm if necessary; |
| --- | --- |

25.

considers that the Strategic EU Framework on Fundamental Rights proposed by the FRA (EU Agency for Fundamental Rights) provides a basis for putting into practice the aforementioned connection between the horizontal and vertical dimensions, with a view to securing effective participation, cooperation and coordination. To this end, it should be ensured that the Fundamental Rights Agency is in a position to monitor compliance with the rule-of-law principle and respect for fundamental rights in the EU Member States, and to raise the alarm if necessary;

| 26. | feels that both the FRA and the Council of Europe serve to provide a permanent pool of expertise, particularly for LRAs; |
| --- | --- |

26.

feels that both the FRA and the Council of Europe serve to provide a permanent pool of expertise, particularly for LRAs;

| 27. | thinks that the concept of MLG should be explicitly taken as the starting point for the protection of fundamental rights; |
| --- | --- |

27.

thinks that the concept of MLG should be explicitly taken as the starting point for the protection of fundamental rights;

Additional specific proposals

| 28. | feels that local and/or regional authorities should be encouraged to:






  — | embed and safeguard fundamental rights and the rule of law in the activities of civil society organisations; |
| --- | --- | --- |

28.

feels that local and/or regional authorities should be encouraged to:

—

embed and safeguard fundamental rights and the rule of law in the activities of civil society organisations;

| — | foster public debate on the importance of such issues and raise awareness of them; |
| --- | --- |

—

foster public debate on the importance of such issues and raise awareness of them;

| — | strengthen the capabilities of all stakeholders, by means of training and support; |
| --- | --- |

—

strengthen the capabilities of all stakeholders, by means of training and support;

| — | set up information points that the public can access directly; |
| --- | --- |

—

set up information points that the public can access directly;

| — | put an alert system in place, perhaps in cooperation with a regional or local ombudsman; |
| --- | --- |

—

put an alert system in place, perhaps in cooperation with a regional or local ombudsman;

| — | on the basis of this monitoring, pass on information to other authorities; |
| --- | --- |

—

on the basis of this monitoring, pass on information to other authorities;

| — | follow up on the ‘smart cities’ experiment; |
| --- | --- |

—

follow up on the ‘smart cities’ experiment;

| 29. | could examine whether the following proposals would contribute to the protection of the rule of law in the European Union:






  — | setting up a task force to develop an open method of coordination (OMC); |
| --- | --- | --- |

29.

could examine whether the following proposals would contribute to the protection of the rule of law in the European Union:

—

setting up a task force to develop an open method of coordination (OMC);

| — | setting up a reporting point for LRAs; |
| --- | --- |

—

setting up a reporting point for LRAs;

| — | consider a general European awareness-raising campaign for LRAs in protecting the rule of law; |
| --- | --- |

—

consider a general European awareness-raising campaign for LRAs in protecting the rule of law;

| — | organising a conference on MLG in the protection of fundamental rights and promoting the implementation of the Charter in view to draw up an MLG Covenant between LRAs; |
| --- | --- |

—

organising a conference on MLG in the protection of fundamental rights and promoting the implementation of the Charter in view to draw up an MLG Covenant between LRAs;

| — | concluding a tripartite agreement with the Congress of the Council of Europe and the FRA, based on the strategic EU Framework on fundamental rights proposed by the latter. |
| --- | --- |

—

concluding a tripartite agreement with the Congress of the Council of Europe and the FRA, based on the strategic EU Framework on fundamental rights proposed by the latter.

Brussels, 12 February 2015.

The President of the European Committee of the Regions

Markku MARKKULA

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III Preparatory acts

COMMITTEE OF THE REGIONS

| 28.4.2015 | EN | Official Journal of the European Union | C 140/37 |
| --- | --- | --- | --- |

28.4.2015

EN

Official Journal of the European Union

C 140/37

---

Opinion of the European Committee of the Regions — Towards a circular economy: review of EU waste legislation

(2015/C 140/08)

| Rapporteur | : | Mariana Gâju, Mayor of Cumpăna, Constanţa county (RO/PES) |
| --- | --- | --- |
| Reference documents | : | Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions — Towards a circular economy: A zero waste programme for Europe
  COM(2014) 398 final
  Proposal for a Directive of the European Parliament and of the Council amending Directives 2008/98/EC on waste, 94/62/EC on packaging and packaging waste, 1999/31/EC on the landfill of waste, 2000/53/EC on end-of-life vehicles, 2006/66/EC on batteries and accumulators and waste batteries and accumulators, and 2012/19/EU on waste electrical and electronic equipment
  COM(2014) 397 final — 2014/0201 (COD) |

Rapporteur

:

Mariana Gâju, Mayor of Cumpăna, Constanţa county (RO/PES)

Reference documents

:

Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions — Towards a circular economy: A zero waste programme for Europe

COM(2014) 398 final

Proposal for a Directive of the European Parliament and of the Council amending Directives 2008/98/EC on waste, 94/62/EC on packaging and packaging waste, 1999/31/EC on the landfill of waste, 2000/53/EC on end-of-life vehicles, 2006/66/EC on batteries and accumulators and waste batteries and accumulators, and 2012/19/EU on waste electrical and electronic equipment

COM(2014) 397 final — 2014/0201 (COD)

I.   POLICY RECOMMENDATIONS

THE EUROPEAN COMMITTEE OF THE REGIONS

A.   Towards a circular economy

| 1. | welcomes the Commission's launch of a package of measures on the circular economy (1) establishing a common and consistent EU framework for resource efficiency. The CoR points out that this requires the political will for change, a long-term investment policy and planning of that investment, and a shift in public awareness, involvement and behaviour regarding resources. The Committee emphasises again the key role played by local and regional authorities in framing such policies, and in implementing and assessing them (2); |
| --- | --- |

1.

welcomes the Commission's launch of a package of measures on the circular economy (1) establishing a common and consistent EU framework for resource efficiency. The CoR points out that this requires the political will for change, a long-term investment policy and planning of that investment, and a shift in public awareness, involvement and behaviour regarding resources. The Committee emphasises again the key role played by local and regional authorities in framing such policies, and in implementing and assessing them (2);

| 2. | fully supports the necessity and benefits of the transition to a circular economy, as it was evidenced in the high-level European Platform for efficient use of resources (EREP) (3). The CoR recalls that this is a logical sequence of commitments in the Roadmap for a resource-efficient Europe, which were developed in the 7th Environment Action Programme of the EU (7th EAP); underlines that the development of a circular economy is the key to achieving all resource efficiency objectives, ensuring that the economy can grow and also can become less dependent on primary resources, leading to better environment protection; |
| --- | --- |

2.

fully supports the necessity and benefits of the transition to a circular economy, as it was evidenced in the high-level European Platform for efficient use of resources (EREP) (3). The CoR recalls that this is a logical sequence of commitments in the Roadmap for a resource-efficient Europe, which were developed in the 7th Environment Action Programme of the EU (7th EAP); underlines that the development of a circular economy is the key to achieving all resource efficiency objectives, ensuring that the economy can grow and also can become less dependent on primary resources, leading to better environment protection;

| 3. | is therefore deeply concerned by the announcement in December of the Commission's intention to withdraw the legislative proposal amending several waste Directives to promote a circular economy; considers that the proposal, on which a considerable amount of work has already been done by the various EU institutions and stakeholders, represents overall a balanced set of compromises; recalls in this context the clear messages of support for the continuation of the legislative process by both the European Parliament and the Council of Ministers, as well as numerous stakeholders; |
| --- | --- |

3.

is therefore deeply concerned by the announcement in December of the Commission's intention to withdraw the legislative proposal amending several waste Directives to promote a circular economy; considers that the proposal, on which a considerable amount of work has already been done by the various EU institutions and stakeholders, represents overall a balanced set of compromises; recalls in this context the clear messages of support for the continuation of the legislative process by both the European Parliament and the Council of Ministers, as well as numerous stakeholders;

| 4. | calls on the European Commission to adopt a more comprehensive and holistic approach to the circular economy. In addition to paying attention to waste prevention and reuse, the transition to a circular economy calls for a whole chain approach and better cohesion between various policy sectors and initiatives such as: the Roadmap to a Resource Efficient Europe; the Seventh Environment Action Programme, the Climate and Energy Package, the environmental footprint (LCA and carbon footprint) and the European Biobased Strategy — Innovating for Sustainable Growth: a bioeconomy for Europe; |
| --- | --- |

4.

calls on the European Commission to adopt a more comprehensive and holistic approach to the circular economy. In addition to paying attention to waste prevention and reuse, the transition to a circular economy calls for a whole chain approach and better cohesion between various policy sectors and initiatives such as: the Roadmap to a Resource Efficient Europe; the Seventh Environment Action Programme, the Climate and Energy Package, the environmental footprint (LCA and carbon footprint) and the European Biobased Strategy — Innovating for Sustainable Growth: a bioeconomy for Europe;

| 5. | takes note, in this context, of the intention of the European Commission to present by the end of 2015 an ‘improved’ and ‘more ambitious’ set of proposals; expresses, however, its serious doubt that substantially improved compromises can be found on a large number of complex issues in such a relatively short time-frame; recalls in this context the urgent need for clear and reliable legal guidelines for local and regional authorities and the great potential of the circular economy to contribute to economic growth; recommends therefore not to waste any time but to continue to try and improve the Commission's proposals in the course of the already started legislative procedure and therefore calls on the Commission and the co-legislators to take the following observations and suggestions into account in their future work, including those on reinforcing a circular economy in the early phases of design and manufacture of products; |
| --- | --- |

5.

takes note, in this context, of the intention of the European Commission to present by the end of 2015 an ‘improved’ and ‘more ambitious’ set of proposals; expresses, however, its serious doubt that substantially improved compromises can be found on a large number of complex issues in such a relatively short time-frame; recalls in this context the urgent need for clear and reliable legal guidelines for local and regional authorities and the great potential of the circular economy to contribute to economic growth; recommends therefore not to waste any time but to continue to try and improve the Commission's proposals in the course of the already started legislative procedure and therefore calls on the Commission and the co-legislators to take the following observations and suggestions into account in their future work, including those on reinforcing a circular economy in the early phases of design and manufacture of products;

| 6. | emphasises the need to take the whole bioeconomy into account as part of the European response to the circular economy. The bioeconomy generates an annual turnover of EUR 22 billion, making an important contribution to green and sustainable growth and offering new employment opportunities and market openings. Most bio-based investment is made at the regional and local levels where bottom-up initiatives generate new value chains and job opportunities; |
| --- | --- |

6.

emphasises the need to take the whole bioeconomy into account as part of the European response to the circular economy. The bioeconomy generates an annual turnover of EUR 22 billion, making an important contribution to green and sustainable growth and offering new employment opportunities and market openings. Most bio-based investment is made at the regional and local levels where bottom-up initiatives generate new value chains and job opportunities;

| 7. | recalls in this context in particular the important potential of the circular economy to generate savings for EU businesses, public authorities and consumers; underlines that these savings should translate into large-scale and long-term investments for the EU economy and consequently lead to the creation of sustainable jobs in the EU; |
| --- | --- |

7.

recalls in this context in particular the important potential of the circular economy to generate savings for EU businesses, public authorities and consumers; underlines that these savings should translate into large-scale and long-term investments for the EU economy and consequently lead to the creation of sustainable jobs in the EU;

| 8. | stresses the need to develop further an enabling policy framework for the circular economy at all levels — EU, national and regional, using measures which combine smart regulation, market-based instruments, especially those aimed at promoting the use of recycled materials, research and innovation, incentives, information exchange and support for voluntary approaches. The CoR considers that design and innovation are key to accelerating the transition to a circular economy, and calls on the Commission to promote innovation, including under the EU Research and Innovation Programme (Horizon 2020), facilitate the development of more circular models for products and services, including through a more coherent product policy, further develop the revision and application of the Ecodesign Directive through the inclusion of resource efficiency criteria, and set out how to apply the use of environmental impact measurement in product and process design; |
| --- | --- |

8.

stresses the need to develop further an enabling policy framework for the circular economy at all levels — EU, national and regional, using measures which combine smart regulation, market-based instruments, especially those aimed at promoting the use of recycled materials, research and innovation, incentives, information exchange and support for voluntary approaches. The CoR considers that design and innovation are key to accelerating the transition to a circular economy, and calls on the Commission to promote innovation, including under the EU Research and Innovation Programme (Horizon 2020), facilitate the development of more circular models for products and services, including through a more coherent product policy, further develop the revision and application of the Ecodesign Directive through the inclusion of resource efficiency criteria, and set out how to apply the use of environmental impact measurement in product and process design;

| 9. | supports the application of the Eco-design Directive to resource efficiency criteria related to durability, modularity, reusability and recyclability, with corresponding advice to the consumer, including for the future priority product groups in the 2015- 2017 Work Plan. The Committee has called for a radical revision of this directive and its implementing measures so as to promote resource efficiency, by extending its scope to include non-energy-related products with a significant environmental impact (4); |
| --- | --- |

9.

supports the application of the Eco-design Directive to resource efficiency criteria related to durability, modularity, reusability and recyclability, with corresponding advice to the consumer, including for the future priority product groups in the 2015- 2017 Work Plan. The Committee has called for a radical revision of this directive and its implementing measures so as to promote resource efficiency, by extending its scope to include non-energy-related products with a significant environmental impact (4);

| 10. | stresses the importance of placing a particular focus early in the production processes on packaging made from composite materials in order to reduce waste from such materials that is non-recyclable or recyclable only using complex and expensive technologies; suggests that the Ecolabel regulation should be extended to more and more services and products, both to ensure easier implementation of the measures envisaged for waste reduction and to provide clearer and more useful guidance to consumers in order to reduce the environmental impact of products and services; |
| --- | --- |

10.

stresses the importance of placing a particular focus early in the production processes on packaging made from composite materials in order to reduce waste from such materials that is non-recyclable or recyclable only using complex and expensive technologies; suggests that the Ecolabel regulation should be extended to more and more services and products, both to ensure easier implementation of the measures envisaged for waste reduction and to provide clearer and more useful guidance to consumers in order to reduce the environmental impact of products and services;

| 11. | welcomes the initiatives announced by the European Commission to promote green public procurement (GPP), namely the guidance on possibilities offered by the new public procurement directives in the field of GPP, a recommendation on monitoring Member States’ performance in achieving the indicative 50 % GPP target, and support for establishing GPP networks among public authorities. The CoR however reiterates its call for mandatory GPP targets for national governments and the European institutions (5); |
| --- | --- |

11.

welcomes the initiatives announced by the European Commission to promote green public procurement (GPP), namely the guidance on possibilities offered by the new public procurement directives in the field of GPP, a recommendation on monitoring Member States’ performance in achieving the indicative 50 % GPP target, and support for establishing GPP networks among public authorities. The CoR however reiterates its call for mandatory GPP targets for national governments and the European institutions (5);

| 12. | reiterates that it is essential to monitor the progress of the Europe 2020 flagship initiative ‘A resource efficient Europe’ in the framework of the Europe 2020 Strategy and the European Semester and Annual Growth Survey exercises linked to it. Resource efficiency needs to become an integral part of the national reporting system for Europe 2020, the National Reform Programmes, and the Country Specific Recommendations; in this context, calls upon the European Council to include a new resource productivity headline target of an increase of at least 30 % in resource productivity by 2030, measured by GDP divided by Raw Material Consumption (RMC), in the mid-term review of the Europe 2020 Strategy, while taking account of already existing targets at national level (6); |
| --- | --- |

12.

reiterates that it is essential to monitor the progress of the Europe 2020 flagship initiative ‘A resource efficient Europe’ in the framework of the Europe 2020 Strategy and the European Semester and Annual Growth Survey exercises linked to it. Resource efficiency needs to become an integral part of the national reporting system for Europe 2020, the National Reform Programmes, and the Country Specific Recommendations; in this context, calls upon the European Council to include a new resource productivity headline target of an increase of at least 30 % in resource productivity by 2030, measured by GDP divided by Raw Material Consumption (RMC), in the mid-term review of the Europe 2020 Strategy, while taking account of already existing targets at national level (6);

B.   On the proposal for a directive amending several waste directives

| 13. | points to the progress made in waste management due to an EU legal framework based on a proactive policy. The CoR stresses the fact that some Member States and local and regional authorities are meeting and exceeding the EU targets in this area and feels that future legislation should take into account the different starting positions and support in particular the least performing ones to pursue and increase their efforts here; |
| --- | --- |

13.

points to the progress made in waste management due to an EU legal framework based on a proactive policy. The CoR stresses the fact that some Member States and local and regional authorities are meeting and exceeding the EU targets in this area and feels that future legislation should take into account the different starting positions and support in particular the least performing ones to pursue and increase their efforts here;

| 14. | considers that a responsible and sustainable waste hierarchy policy should aim for the maximum possible reduction in waste generation and to reduce the negative impact of waste and its management on human health and the environment, to reduce the consumption of materials and to reintegrate materials contained in waste into the economic cycle. The Committee considers that compliance with the waste hierarchy is the most efficient method of limiting the environmental and financial costs of waste management; it is therefore unfortunate that the Commission communication does not explore the idea of including a binding target for reducing waste generation in the Waste Framework Directive (WFD); |
| --- | --- |

14.

considers that a responsible and sustainable waste hierarchy policy should aim for the maximum possible reduction in waste generation and to reduce the negative impact of waste and its management on human health and the environment, to reduce the consumption of materials and to reintegrate materials contained in waste into the economic cycle. The Committee considers that compliance with the waste hierarchy is the most efficient method of limiting the environmental and financial costs of waste management; it is therefore unfortunate that the Commission communication does not explore the idea of including a binding target for reducing waste generation in the Waste Framework Directive (WFD);

| 15. | considers that, as one of the most direct steps to facilitate the reintroduction of materials into the production cycle and thus to move towards a circular economy, the mechanisms for declaring as to whether products have by-product or end-of-waste status should be made easier to apply; |
| --- | --- |

15.

considers that, as one of the most direct steps to facilitate the reintroduction of materials into the production cycle and thus to move towards a circular economy, the mechanisms for declaring as to whether products have by-product or end-of-waste status should be made easier to apply;

| 16. | points out that, given the differences that exist between the EU's regions and Member States in achievement of the targets laid down in current EU waste management legislation (7), it is very important to encourage cooperation and the dissemination of best practices in this area, so that the least performing Member States and regions can be helped to meet the ultimate goals; although it should be borne in mind that in regions or areas with highly dispersed populations, with low population densities and long distances to treatment facilities, waste management costs increase and the ultimate goal of zero waste is extremely hard to achieve; |
| --- | --- |

16.

points out that, given the differences that exist between the EU's regions and Member States in achievement of the targets laid down in current EU waste management legislation (7), it is very important to encourage cooperation and the dissemination of best practices in this area, so that the least performing Member States and regions can be helped to meet the ultimate goals; although it should be borne in mind that in regions or areas with highly dispersed populations, with low population densities and long distances to treatment facilities, waste management costs increase and the ultimate goal of zero waste is extremely hard to achieve;

| 17. | stresses the importance of creating markets for materials recovered from waste and the products made from them, creating a uniform legal framework as well as equal opportunities for all who recover these materials and reintegrate them into the economic cycle; |
| --- | --- |

17.

stresses the importance of creating markets for materials recovered from waste and the products made from them, creating a uniform legal framework as well as equal opportunities for all who recover these materials and reintegrate them into the economic cycle;

| 18. | emphasises the key role played by local and regional authorities in implementing legislation in this area, in creating and financing infrastructure for processing and storing waste and in managing waste flows, the latter being one of the greatest challenges facing these authorities. As in a previous opinion (8), the Committee calls for local and regional authorities to be given a stronger voice in the revision of targets that they will be required to meet. The Committee would therefore like the EU to guarantee that local and regional authorities will enjoy a level of intervention and cooperation that complies fully with the subsidiarity principle; |
| --- | --- |

18.

emphasises the key role played by local and regional authorities in implementing legislation in this area, in creating and financing infrastructure for processing and storing waste and in managing waste flows, the latter being one of the greatest challenges facing these authorities. As in a previous opinion (8), the Committee calls for local and regional authorities to be given a stronger voice in the revision of targets that they will be required to meet. The Committee would therefore like the EU to guarantee that local and regional authorities will enjoy a level of intervention and cooperation that complies fully with the subsidiarity principle;

| 19. | regrets that the proposal for a directive does not give enough attention to the waste-to-energy recovery for non-recyclable waste, as final step of a waste valorisation process, even though it would make it easier for the Member States to achieve the ambitious objectives they have all been set and would improve the EU's energy independence at the same time; |
| --- | --- |

19.

regrets that the proposal for a directive does not give enough attention to the waste-to-energy recovery for non-recyclable waste, as final step of a waste valorisation process, even though it would make it easier for the Member States to achieve the ambitious objectives they have all been set and would improve the EU's energy independence at the same time;

| 20. | considers that the findings of the impact assessment (9) that accompanies the proposal for a directive are very optimistic and recommends that the Commission clarify the data on which it was based, including the scientific evidence that prompted the Commission to take a particular approach, the cost of this approach, and finally, the advisability of using the criterion of the best performing Member States; |
| --- | --- |

20.

considers that the findings of the impact assessment (9) that accompanies the proposal for a directive are very optimistic and recommends that the Commission clarify the data on which it was based, including the scientific evidence that prompted the Commission to take a particular approach, the cost of this approach, and finally, the advisability of using the criterion of the best performing Member States;

| 21. | building on previous recommendations (10), supports an accelerated systematic introduction of economic instruments in waste management by the Member States and local and regional authorities, for instance by promoting such instruments in the waste management and compliance plans (as part of the early warning system) and by promoting extended producer responsibility; the Committee underlines the potential of these instruments to generate revenue for local and regional authorities, which can be used to offset (part of) the administrative costs related to implementation and enforcement of the waste targets, and which could also make funds available for litter clean-up activities, recycling and other environmental projects; |
| --- | --- |

21.

building on previous recommendations (10), supports an accelerated systematic introduction of economic instruments in waste management by the Member States and local and regional authorities, for instance by promoting such instruments in the waste management and compliance plans (as part of the early warning system) and by promoting extended producer responsibility; the Committee underlines the potential of these instruments to generate revenue for local and regional authorities, which can be used to offset (part of) the administrative costs related to implementation and enforcement of the waste targets, and which could also make funds available for litter clean-up activities, recycling and other environmental projects;

Definitions

| 22. | calls on the Council and the European Parliament to retain a single and unambiguous definition of municipal waste in Annex VI of the proposal for a directive. This definition should be clarified by shifting its focus from who collects the waste to what kind of waste is collected. A clarified single definition is necessary in order to ensure the coherence and good implementation of the policy and to compare the achievements of different local and regional authorities and Member States; |
| --- | --- |

22.

calls on the Council and the European Parliament to retain a single and unambiguous definition of municipal waste in Annex VI of the proposal for a directive. This definition should be clarified by shifting its focus from who collects the waste to what kind of waste is collected. A clarified single definition is necessary in order to ensure the coherence and good implementation of the policy and to compare the achievements of different local and regional authorities and Member States;

| 23. | welcomes the proposed change to the definition of what counts as prepared for reuse and recycled. Even if this is not yet a full output-based definition, it reflects previous CoR calls for a single calculation method for recycling performance and effectively recycled quantities (11); |
| --- | --- |

23.

welcomes the proposed change to the definition of what counts as prepared for reuse and recycled. Even if this is not yet a full output-based definition, it reflects previous CoR calls for a single calculation method for recycling performance and effectively recycled quantities (11);

| 24. | recommends that the Commission revise its definitions of collection and separate collection, since the Member States interpret these concepts in different ways. Furthermore, the CoR recommends that the concept of sorting also be defined, for both statistical and reporting purposes, and for the sake of material quality, since many Member States collect and report quantities of waste delivered to sorting facilities, quantities which can contain up to 30 % of impurities; |
| --- | --- |

24.

recommends that the Commission revise its definitions of collection and separate collection, since the Member States interpret these concepts in different ways. Furthermore, the CoR recommends that the concept of sorting also be defined, for both statistical and reporting purposes, and for the sake of material quality, since many Member States collect and report quantities of waste delivered to sorting facilities, quantities which can contain up to 30 % of impurities;

A single method of measurement

| 25. | stresses and affirms the importance of establishing a single method of calculation for recycling targets and welcomes the Commission's proposal here. This simplification and opting for an ‘output-oriented method’ will make it easier to compare the varying performance levels across the EU and help turn waste into a useful resource; points out, however, that a number of queries remain regarding the proposed method of calculation. For certain waste streams it may be very difficult to meet the objectives using current techniques. The Committee calls on the European Commission to clarify the calculation method and the definitions used, and to propose adjustments where necessary; |
| --- | --- |

25.

stresses and affirms the importance of establishing a single method of calculation for recycling targets and welcomes the Commission's proposal here. This simplification and opting for an ‘output-oriented method’ will make it easier to compare the varying performance levels across the EU and help turn waste into a useful resource; points out, however, that a number of queries remain regarding the proposed method of calculation. For certain waste streams it may be very difficult to meet the objectives using current techniques. The Committee calls on the European Commission to clarify the calculation method and the definitions used, and to propose adjustments where necessary;

Waste prevention and optimisation of management models

| 26. | emphasises that waste prevention should come before any other consideration, in order to comply with the ‘waste hierarchy’, in which waste prevention is ranked at the top, and given that this principle is also a key element of the circular economy. To this end, the Commission should first propose binding waste prevention targets, accompanied by financial incentives, and the full implementation of the ‘polluter pays’ principle; |
| --- | --- |

26.

emphasises that waste prevention should come before any other consideration, in order to comply with the ‘waste hierarchy’, in which waste prevention is ranked at the top, and given that this principle is also a key element of the circular economy. To this end, the Commission should first propose binding waste prevention targets, accompanied by financial incentives, and the full implementation of the ‘polluter pays’ principle;

| 27. | repeats the request to introduce a mandatory target for prevention/reduction of municipal waste in the EU in order that, by 2020, the amount of municipal waste generated per person is reduced by 10 % compared to the level recorded in 2010 (12); |
| --- | --- |

27.

repeats the request to introduce a mandatory target for prevention/reduction of municipal waste in the EU in order that, by 2020, the amount of municipal waste generated per person is reduced by 10 % compared to the level recorded in 2010 (12);

| 28. | recommends additional measures to be put in place to improve separate waste collection and recycling, such as: promoting the pneumatic disposal of household waste into separate collection containers, placing multi-compartment containers on building sites to make it easier to separate and manage the different types of construction and demolition waste, developing management models and facilities to cater for recycling the foreseeable future growth of waste from photovoltaic solar panels and establishing an infrastructure network for the decontamination and recovery of vehicles that have reached the end of their useful life; |
| --- | --- |

28.

recommends additional measures to be put in place to improve separate waste collection and recycling, such as: promoting the pneumatic disposal of household waste into separate collection containers, placing multi-compartment containers on building sites to make it easier to separate and manage the different types of construction and demolition waste, developing management models and facilities to cater for recycling the foreseeable future growth of waste from photovoltaic solar panels and establishing an infrastructure network for the decontamination and recovery of vehicles that have reached the end of their useful life;

Extended producer responsibility

| 29. | stresses that, in the transition to a circular economy, not only must waste management be taken into consideration but also other sectors associated with the development and manufacture of products. In order for products to be recycled and made available easily, steps must be taken to promote the development of products in an environmentally-friendly way and encourage the spread of technologies which produce little or no waste; |
| --- | --- |

29.

stresses that, in the transition to a circular economy, not only must waste management be taken into consideration but also other sectors associated with the development and manufacture of products. In order for products to be recycled and made available easily, steps must be taken to promote the development of products in an environmentally-friendly way and encourage the spread of technologies which produce little or no waste;

| 30. | with regard to reinforcing the extended producer responsibility, calls upon the Council and the European Parliament to maintain the proposed change in Article 8 WFD which now obliges and not only invites Member States to encourage eco-efficiency and eco-design of products, including technical durability and recyclability, and to take into account the full life cycle impacts of products; |
| --- | --- |

30.

with regard to reinforcing the extended producer responsibility, calls upon the Council and the European Parliament to maintain the proposed change in Article 8 WFD which now obliges and not only invites Member States to encourage eco-efficiency and eco-design of products, including technical durability and recyclability, and to take into account the full life cycle impacts of products;

| 31. | notes that the proposal for a directive does not foresee a quantified objective for environmentally responsible product design and therefore calls for greater environmental responsibility from businesses and would like to see concrete recommendations put forward for the percentage of recycled materials to be used in marketed products; in this context, points also to the importance of the Ecolabel tool; |
| --- | --- |

31.

notes that the proposal for a directive does not foresee a quantified objective for environmentally responsible product design and therefore calls for greater environmental responsibility from businesses and would like to see concrete recommendations put forward for the percentage of recycled materials to be used in marketed products; in this context, points also to the importance of the Ecolabel tool;

| 32. | highlights the fact that extended producer responsibility (EPR), including manufacturers and importers, is proving to be an effective lever for the policy of promoting waste prevention measures. The Committee nevertheless calls for support measures to ensure that the costs entailed will not be passed on to end users and consumers and that the profits generated are injected back into the waste management process; |
| --- | --- |

32.

highlights the fact that extended producer responsibility (EPR), including manufacturers and importers, is proving to be an effective lever for the policy of promoting waste prevention measures. The Committee nevertheless calls for support measures to ensure that the costs entailed will not be passed on to end users and consumers and that the profits generated are injected back into the waste management process;

| 33. | continues to support reinforcing the principle of EPR in EU legislation (13), and thus backs the proposal to introduce minimum requirements (coverage of the costs of collecting, managing and treating the waste streams and the cost of informing the public and of adapting product design — ecodesign); |
| --- | --- |

33.

continues to support reinforcing the principle of EPR in EU legislation (13), and thus backs the proposal to introduce minimum requirements (coverage of the costs of collecting, managing and treating the waste streams and the cost of informing the public and of adapting product design — ecodesign);

Targets

| 34. | calls on the European Parliament and the Council to maintain the level of ambition as proposed by the Commission as regards the reuse and recycling of municipal waste. The CoR also welcomes the new provision that Member States should include measures regarding collection and recycling of waste containing significant amounts of critical raw materials in their waste management plans; |
| --- | --- |

34.

calls on the European Parliament and the Council to maintain the level of ambition as proposed by the Commission as regards the reuse and recycling of municipal waste. The CoR also welcomes the new provision that Member States should include measures regarding collection and recycling of waste containing significant amounts of critical raw materials in their waste management plans;

| 35. | recommends that the EU legislation be both ambitious and realistic. The Committee draws attention to the fact that the proposed amendment of the targets and simultaneous introduction of a single calculation method could prove very challenging for many Member States and local and regional authorities, especially for those that have experienced difficulties in implementing the current legislation. The new targets should be set following a detailed analysis of the reasons for the failure to meet the current targets and their impact, including at regional level, as certain areas where population density is extremely low have significantly distinct demographic features; suggests that ambitious and realistic recycling targets should be based on an in-depth discussion with the Member States and their local and regional authorities about the necessary measures to ensure their effective monitoring and successful implementation; |
| --- | --- |

35.

recommends that the EU legislation be both ambitious and realistic. The Committee draws attention to the fact that the proposed amendment of the targets and simultaneous introduction of a single calculation method could prove very challenging for many Member States and local and regional authorities, especially for those that have experienced difficulties in implementing the current legislation. The new targets should be set following a detailed analysis of the reasons for the failure to meet the current targets and their impact, including at regional level, as certain areas where population density is extremely low have significantly distinct demographic features; suggests that ambitious and realistic recycling targets should be based on an in-depth discussion with the Member States and their local and regional authorities about the necessary measures to ensure their effective monitoring and successful implementation;

| 36. | points out that implementation of the current targets varies considerably between Member States and regions; stresses, however, that the positive results in some Member States also show that it is possible to meet or approach ambitious targets if the underlying conditions are right and if the necessary administrative capacity is developed where it does not exist so far (14); |
| --- | --- |

36.

points out that implementation of the current targets varies considerably between Member States and regions; stresses, however, that the positive results in some Member States also show that it is possible to meet or approach ambitious targets if the underlying conditions are right and if the necessary administrative capacity is developed where it does not exist so far (14);

| 37. | strongly advocates that the targets set in the new directive be correlated with the quality of recycled/recovered materials, so that the recycled materials do not harm the environment and human health and they can compete in the market on a level playing field with primary resources. In addition, consistent and clear principles should be specified for calculating true recycling quotas; |
| --- | --- |

37.

strongly advocates that the targets set in the new directive be correlated with the quality of recycled/recovered materials, so that the recycled materials do not harm the environment and human health and they can compete in the market on a level playing field with primary resources. In addition, consistent and clear principles should be specified for calculating true recycling quotas;

| 38. | recommends keeping the level of ambition regarding the objectives for recycling of packaging waste for 2020, 2025 and 2030 and supports the proposal to use a single method for calculating recycling performance, limiting this to recycling activities, unlike current recovery and recycling activities. Quantitative recycling targets should be set after assessing the impact of changing the calculation method. Direct reuse of packaging should also be taken into account in the calculation methods and targets. The CoR has previously requested to examine possibilities to increase the recycling of plastic packaging to 70 % and for glass, metal, paper, cardboard and wood to 80 % by 2020; |
| --- | --- |

38.

recommends keeping the level of ambition regarding the objectives for recycling of packaging waste for 2020, 2025 and 2030 and supports the proposal to use a single method for calculating recycling performance, limiting this to recycling activities, unlike current recovery and recycling activities. Quantitative recycling targets should be set after assessing the impact of changing the calculation method. Direct reuse of packaging should also be taken into account in the calculation methods and targets. The CoR has previously requested to examine possibilities to increase the recycling of plastic packaging to 70 % and for glass, metal, paper, cardboard and wood to 80 % by 2020;

| 39. | reiterates its call for a new bio-waste recycling target to be introduced in the revised Waste Framework Directive so as to encourage the development of this sector and set quantitative objectives (15). Alongside this, the Commission could also establish binding quality criteria for compost in order to promote the bio-waste recycling market and environmental protection (16). To that end, it might be useful to establish guidelines to be disseminated to the public to improve the quality of the bio-waste collected and sent for composting; |
| --- | --- |

39.

reiterates its call for a new bio-waste recycling target to be introduced in the revised Waste Framework Directive so as to encourage the development of this sector and set quantitative objectives (15). Alongside this, the Commission could also establish binding quality criteria for compost in order to promote the bio-waste recycling market and environmental protection (16). To that end, it might be useful to establish guidelines to be disseminated to the public to improve the quality of the bio-waste collected and sent for composting;

| 40. | once again flags up the need to establish additional targets regarding preparation for reuse. These targets should be binding, discrete and specific to each waste flow, particularly for furniture, textiles and WEEE, especially given that similar targets already exist in some countries at national/regional level (17); |
| --- | --- |

40.

once again flags up the need to establish additional targets regarding preparation for reuse. These targets should be binding, discrete and specific to each waste flow, particularly for furniture, textiles and WEEE, especially given that similar targets already exist in some countries at national/regional level (17);

Landfilling

| 41. | The CoR, following on from the European Parliament's call to gradually introduce a landfill ban (18), has called for the landfilling of recyclable waste and biodegradable waste to be prohibited by 2020 (19). In this regard, it calls on the European Parliament and Council to at least maintain the proposed target of 1 January 2025, as the date when no biodegradable waste should go to landfill, and recyclable waste is collected separately and actually recycled wherever technically and economically viable; |
| --- | --- |

41.

The CoR, following on from the European Parliament's call to gradually introduce a landfill ban (18), has called for the landfilling of recyclable waste and biodegradable waste to be prohibited by 2020 (19). In this regard, it calls on the European Parliament and Council to at least maintain the proposed target of 1 January 2025, as the date when no biodegradable waste should go to landfill, and recyclable waste is collected separately and actually recycled wherever technically and economically viable;

| 42. | calls for the wording of the reduction targets to be revised, since the concepts of non-hazardous landfill and municipal waste are conflated in the calculations and proportions presented, even though municipal waste is not the only type of waste that can be disposed of in non-hazardous landfill. The CoR also suggests that the proposed optional target of a maximum of 5 % landfilling of residual waste by 2030 could be couched in more flexible terms, but underlines that it should be converted into a binding target for reducing landfilling of such waste which would better reflect the mandate conferred by the 7th Environment Action Programme and previous CoR recommendations (20); |
| --- | --- |

42.

calls for the wording of the reduction targets to be revised, since the concepts of non-hazardous landfill and municipal waste are conflated in the calculations and proportions presented, even though municipal waste is not the only type of waste that can be disposed of in non-hazardous landfill. The CoR also suggests that the proposed optional target of a maximum of 5 % landfilling of residual waste by 2030 could be couched in more flexible terms, but underlines that it should be converted into a binding target for reducing landfilling of such waste which would better reflect the mandate conferred by the 7th Environment Action Programme and previous CoR recommendations (20);

| 43. | calls on the Commission to work further on the recycling potential of construction and demolition waste (CDW) and in particular to assess whether or not a single CDW waste target is sufficient to incentivise the collection, sorting and recycling of different construction materials or whether specific targets for those construction materials with a smaller share in C&D waste would be necessary; |
| --- | --- |

43.

calls on the Commission to work further on the recycling potential of construction and demolition waste (CDW) and in particular to assess whether or not a single CDW waste target is sufficient to incentivise the collection, sorting and recycling of different construction materials or whether specific targets for those construction materials with a smaller share in C&D waste would be necessary;

Early warning mechanism and reporting

| 44. | welcomes the proposal to introduce an early warning system for monitoring compliance with the recycling targets proposed in the new directive. The compliance plans reflect CoR recommendations for individual roadmaps for each Member State; nevertheless, calls on the Commission to provide the Member States with methodological support to draw up these plans; |
| --- | --- |

44.

welcomes the proposal to introduce an early warning system for monitoring compliance with the recycling targets proposed in the new directive. The compliance plans reflect CoR recommendations for individual roadmaps for each Member State; nevertheless, calls on the Commission to provide the Member States with methodological support to draw up these plans;

| 45. | also welcomes the introduction of mandatory annual reporting accompanied by a quality check report and verified by an independent third party. This could pave the way to better assessment of the situation in the Member States as regards achieving the targets and enable measures to be taken to improve their performance; |
| --- | --- |

45.

also welcomes the introduction of mandatory annual reporting accompanied by a quality check report and verified by an independent third party. This could pave the way to better assessment of the situation in the Member States as regards achieving the targets and enable measures to be taken to improve their performance;

| 46. | recommends that submitting annual reports to be assessed by an independent third party should be mandatory only if the reliability of the data in the reports is in doubt and recommends that the Commission set objective criteria and provide methodological support for carrying out such assessments; |
| --- | --- |

46.

recommends that submitting annual reports to be assessed by an independent third party should be mandatory only if the reliability of the data in the reports is in doubt and recommends that the Commission set objective criteria and provide methodological support for carrying out such assessments;

Subsidiarity and proportionality

| 47. | considers that the new recycling targets for municipal waste, packaging waste and WEEE, the plan to phase out landfilling of recyclable waste by 2025 and then 2030, the early warning system and the new reporting obligations give no cause for concern regarding subsidiarity. Some problems exist, however, in terms of proportionality, with regard to the varying levels of implementation of the current targets and the timetable for the new targets envisaged by the Commission (21); |
| --- | --- |

47.

considers that the new recycling targets for municipal waste, packaging waste and WEEE, the plan to phase out landfilling of recyclable waste by 2025 and then 2030, the early warning system and the new reporting obligations give no cause for concern regarding subsidiarity. Some problems exist, however, in terms of proportionality, with regard to the varying levels of implementation of the current targets and the timetable for the new targets envisaged by the Commission (21);

Delegated acts

| 48. | notes with concern the numerous provisions in the new directive empowering the Commission to adopt delegated acts in the future. |
| --- | --- |

48.

notes with concern the numerous provisions in the new directive empowering the Commission to adopt delegated acts in the future.

II.   RECOMMENDATIONS FOR AMENDMENTS

Amendment 1

COM(2014) 397 final — 2014/0201 (COD)

Article 1 — Amendment of Directive 2008/98/EC, point (6) — amendment of Article 8, letter b)

| Text proposed by the Commission | CoR amendment |
| --- | --- |
| (b) | paragraph 2 is replaced by the following: |

Text proposed by the Commission

CoR amendment

(b)

paragraph 2 is replaced by the following:

| (b) | paragraph 2 is replaced by the following: |
| --- | --- |

(b)

paragraph 2 is replaced by the following:

| ‘2. | Member States shall take appropriate measures to encourage the design of products in order to reduce their environmental impact and the generation of waste in the course of the production and subsequent use of products, without distorting the internal market. |
| --- | --- |

‘2.

Member States shall take appropriate measures to encourage the design of products in order to reduce their environmental impact and the generation of waste in the course of the production and subsequent use of products, without distorting the internal market.

| ‘2. | The European Commission and Member States shall take appropriate measures to ensure that
  encourage the design of products are designed in order to reduce their environmental impact and the generation of waste in the course of the production and subsequent use of products, without distorting the internal market. |
| --- | --- |

‘2.

The European Commission and Member States shall take appropriate measures to ensure that
  encourage the design of products are designed in order to reduce their environmental impact and the generation of waste in the course of the production and subsequent use of products, without distorting the internal market.

Those measures shall include measures to encourage the development, production and marketing of products that are suitable for multiple use, that are technically durable and that are, after having become waste, suitable for reuse and recycling in order to facilitate proper implementation of the waste hierarchy. The measures shall take into account the full life cycle impacts of products.’;

Those measures shall include measures to encourage the development, production and marketing of products that are suitable for multiple use, that are technically durable and that are, after having become waste, suitable for re-use and recycling in order to facilitate proper implementation of the waste hierarchy. The measures shall take into account the full life cycle impacts of products.’;

Reason

Reason

It is at source that the most significant changes can be made to achieve resource efficiency. Improving the design of products to be reusable, repairable and recyclable, and optimising packaging can make a significant contribution to waste avoidance, which is at the top of the waste hierarchy, above recycling and re-use. Therefore, a more ambitious eco-design policy is needed, both at EU and national level.

Amendment 2

Amendment 2

COM(2014) 397 final — 2014/0201 (COD)

Article 1 — Amendment of Directive 2008/98/EC, point (11)

| Text proposed by the Commission | CoR amendment |
| --- | --- |
| 11) | in Article 22, the second paragraph is replaced by the following: |

Text proposed by the Commission

CoR amendment

11)

in Article 22, the second paragraph is replaced by the following:

| 11) | in Article 22, the second paragraph is replaced by the following: |
| --- | --- |

11)

in Article 22, the second paragraph is replaced by the following:

‘In order to minimize contamination of waste materials, Member States shall ensure separate collection of bio-waste by 2025.

‘In order to minimize contamination of recyclable waste materials and ensure optimal recycling of organic waste materials, Member States shall ensure separate collection of bio-waste by 2025.

The Commission shall carry out an assessment on the management of bio-waste with a view to submitting a proposal if appropriate. The assessment shall examine the opportunity of setting minimum requirements for bio-waste management and quality criteria for compost and digestate from bio-waste, in order to guarantee a high level of protection for human health and the environment.’;

The Commission shall carry out an assessment on the management of bio-waste with a view to submitting a proposal if appropriate. The assessment shall examine the opportunity of setting minimum requirements for bio-waste management and quality criteria for compost and digestate from bio-waste, in order to guarantee a high level of protection for human health and the environment.’;

Reason

Reason

Bio-waste is not a contaminant. The collection should be based on how to make the most of the waste (e.g. energy from biogas, fertilizer, etc.), not for keeping other waste dry. In addition, separate collection or management options of bio-waste should not be imposed. Flexibility to adapt to local circumstances and new technologies should be allowed. The quality of the bio-waste is what matters, not the method used to collect/manage it.

Amendment 3

Amendment 3

COM(2014) 397 final — 2014/0201 (COD), Annex VI

| Text proposed by the Commission | CoR amendment |
| --- | --- |
| Composition of municipal waste

  Municipal waste includes household waste and waste from retail trade, small businesses, office, buildings and institutions (such as schools, hospitals, government buildings) similar in nature and composition to household waste, collected by or on behalf of municipalities. | Composition of municipal waste

  Municipal waste includes household waste and waste from retail trade, small businesses, office, buildings and institutions (such as schools, hospitals, government buildings) similar in nature and composition to household waste, collected by or on behalf of municipalities. |
| It includes:






  — | bulky waste (e.g. white goods, furniture, mattresses); |

Text proposed by the Commission

CoR amendment

Composition of municipal waste

Composition of municipal waste

Municipal waste includes household waste and waste from retail trade, small businesses, office, buildings and institutions (such as schools, hospitals, government buildings) similar in nature and composition to household waste, collected by or on behalf of municipalities.

Composition of municipal waste

Composition of municipal waste

Municipal waste includes household waste and waste from retail trade, small businesses, office, buildings and institutions (such as schools, hospitals, government buildings) similar in nature and composition to household waste, collected by or on behalf of municipalities.

, collected by or on behalf of municipalities

It includes:

—

bulky waste (e.g. white goods, furniture, mattresses);

| — | yard waste, leaves, grass clippings, street sweepings, the content of litter containers, and market cleansing waste; |
| --- | --- |

—

yard waste, leaves, grass clippings, street sweepings, the content of litter containers, and market cleansing waste;

| — | waste from selected municipal services, i.e. waste from park and garden maintenance, waste from street cleaning services; |
| --- | --- |

—

waste from selected municipal services, i.e. waste from park and garden maintenance, waste from street cleaning services;

It includes:

| — | bulky waste (e.g. white goods, furniture, mattresses); |
| --- | --- |

—

bulky waste (e.g. white goods, furniture, mattresses);

| — | yard waste, leaves, grass clippings, street sweepings, the content of litter containers, and market cleansing waste; |
| --- | --- |

—

yard waste, leaves, grass clippings, street sweepings, the content of litter containers, and market cleansing waste;

| — | waste from selected municipal services, i.e. waste from park and garden maintenance, waste from street cleaning services; |
| --- | --- |

—

waste from selected municipal services, i.e. waste from park and garden maintenance, waste from street cleaning services;

It also includes waste from the same sources, and similar in nature and composition, which:

| — | are not collected on behalf of municipalities but directly by producer responsibility schemes or private non-profit institutions for reuse and recycling purposes mainly by separate collection, |
| --- | --- |

—

are not collected on behalf of municipalities but directly by producer responsibility schemes or private non-profit institutions for reuse and recycling purposes mainly by separate collection,

| — | originate from rural areas not served by a regular waste service. |
| --- | --- |

—

originate from rural areas not served by a regular waste service.

It also includes waste from the same sources, and similar in nature and composition, which:

| — | are not collected on behalf of municipalities but directly by producer responsibility schemes or private non-profit institutions for re-use and recycling purposes mainly by separate collection, |
| --- | --- |

—

are not collected on behalf of municipalities but directly by producer responsibility schemes or private non-profit institutions for re-use and recycling purposes mainly by separate collection,

| — | originate from rural areas not served by a regular waste service. |
| --- | --- |

—

originate from rural areas not served by a regular waste service.

It excludes:

| — | waste from sewage network and treatment, including sewage sludge, |
| --- | --- |

—

waste from sewage network and treatment, including sewage sludge,

| — | construction and demolition |
| --- | --- |

—

construction and demolition

It excludes:

| — | waste from sewage network and treatment, including sewage sludge, |
| --- | --- |

—

waste from sewage network and treatment, including sewage sludge,

| — | construction and demolition. |
| --- | --- |

—

construction and demolition.

The European waste catalogue specifies exactly what municipal waste covers.

The European waste catalogue specifies exactly what municipal waste covers.

Reason

Reason

A common definition is needed to assess whether MS are achieving the targets of the waste legislation and compare their policies, not to assess local authorities' performance. Therefore, municipal waste should not be defined on the basis of who collects the waste, but on what is collected (i.e. the composition of the waste). In addition, the definition of municipal waste laid down in the directive appears in even greater detail in the European waste catalogue, which is in turn based on a European Commission decision.

Brussels, 12 February 2015.

The President of the European Committee of the Regions

Markku MARKKULA

---

(1)  COM(2014) 398 final.

1

(2)  CdR 140/2011 fin.

2

(3)  http://ec.europa.eu/environment/resource_efficiency/re_platform/index_en.htm

3

(4)  CdR 3751/2013, CdR 1617/2013, CdR 140/2011 fin.

4

(5)  CdR 140/2011 fin.

5

(6)  CdR 140/2011 fin.

6

(7)  Directives 2008/98/EC, 99/31/EC, 94/62/EC.

7

(8)  CdR 1617/2013.

8

(9)  SWD(2014) 208 final.

9

(10)  CdR 3751/2013, CdR 1617/2013.

10

(11)  CdR 3751/2013.

11

(12)  CdR 1617/2013.

12

(13)  CdR 1617/2013.

13

(14)  See also the Territorial Impact Assessment Report on the Circular Economy Package, CdR 05609/2014.

14

(15)  CdR 74/2009 fin.

15

(16)  CdR 1617/2013.

16

(17)  CdR 1617/2013, CdR 3751/2013, CdR 140/2011 final.

17

(18)  European Parliament Report on a resource-efficient Europe, (2011/2068(INI)) 08.05.2012.

18

(19)  CdR 3751/2013, CdR 1617/2013.

19

(20)  CdR 3751/2013, CdR 1617/2013.

20

(21)  Report on the consultation of the CoR Subsidiarity Monitoring Network (SMN) and the Subsidiarity Expert Group (SEG), 2014.

21

---

| 28.4.2015 | EN | Official Journal of the European Union | C 140/47 |
| --- | --- | --- | --- |

28.4.2015

EN

Official Journal of the European Union

C 140/47

---

Opinion of the European Committee of the Regions — Interoperability as a means for modernising the public sector

(2015/C 140/09)

| Rapporteur | : | Odeta Žerlauskienė (LT/ALDE), Member of Skuodas District Municipal Council |
| --- | --- | --- |
| Reference document | : | Proposal for a Decision of the European Parliament and of the Council establishing a programme on interoperability solutions for European public administrations, businesses and citizens (ISA2) ‘Interoperability as a means for modernising the public sector’
  COM(2014) 367 final |

Rapporteur

:

Odeta Žerlauskienė (LT/ALDE), Member of Skuodas District Municipal Council

Reference document

:

Proposal for a Decision of the European Parliament and of the Council establishing a programme on interoperability solutions for European public administrations, businesses and citizens (ISA2) ‘Interoperability as a means for modernising the public sector’

COM(2014) 367 final

I.   POLICY RECOMMENDATIONS

THE EUROPEAN COMMITTEE OF THE REGIONS

| 1. | Underlines the benefits and opportunities provided by the comprehensive use of Information and Communication Technologies (ICTs) for making the public sector more efficient and transparent; |
| --- | --- |

1.

Underlines the benefits and opportunities provided by the comprehensive use of Information and Communication Technologies (ICTs) for making the public sector more efficient and transparent;

| 2. | Notes the importance of accessibility of public institutions to private individuals and businesses via electronic means, irrespective of the physical location of the addressing person and therefore emphasises its support for the development of cross-border public services, especially those covering aspects of interoperability and e-identification, e-signatures, electronic service of documents and other building blocks of e-government (1); |
| --- | --- |

2.

Notes the importance of accessibility of public institutions to private individuals and businesses via electronic means, irrespective of the physical location of the addressing person and therefore emphasises its support for the development of cross-border public services, especially those covering aspects of interoperability and e-identification, e-signatures, electronic service of documents and other building blocks of e-government (1);

| 3. | Underlines the importance of interoperability between the public administrations of the different Member States and those of the European Union as a part of general modernisation of public administrations across the EU, as well as Community bodies, with a view to achieving the goals of the Europe 2020 strategy and of its flagship programme: a Digital Agenda for Europe (2); |
| --- | --- |

3.

Underlines the importance of interoperability between the public administrations of the different Member States and those of the European Union as a part of general modernisation of public administrations across the EU, as well as Community bodies, with a view to achieving the goals of the Europe 2020 strategy and of its flagship programme: a Digital Agenda for Europe (2);

| 4. | Notes that the EU has paid significant attention to interoperability programmes since they were first introduced in 1995 (3), and that various EU bodies have given a favourable assessment of such activities (4), and calls for this commitment to be maintained and for the process of further modernising public services to continue, promoting good governance and facilitating cross-border and cross-sectoral interaction; |
| --- | --- |

4.

Notes that the EU has paid significant attention to interoperability programmes since they were first introduced in 1995 (3), and that various EU bodies have given a favourable assessment of such activities (4), and calls for this commitment to be maintained and for the process of further modernising public services to continue, promoting good governance and facilitating cross-border and cross-sectoral interaction;

| 5. | Welcomes the conclusions of the European Council of October 24-25 2013, which suggested that the modernisation of public administrations should continue, with particular emphasis on e-services such as e-government, e-health, e-invoicing and e-procurement, and which highlighted the need to ensure interoperability between such services, thus leading to more and better digital services for citizens and businesses across Europe, cost savings and increased efficiency, transparency and quality of service in the public sector; |
| --- | --- |

5.

Welcomes the conclusions of the European Council of October 24-25 2013, which suggested that the modernisation of public administrations should continue, with particular emphasis on e-services such as e-government, e-health, e-invoicing and e-procurement, and which highlighted the need to ensure interoperability between such services, thus leading to more and better digital services for citizens and businesses across Europe, cost savings and increased efficiency, transparency and quality of service in the public sector;

| 6. | Wishes to highlight the results of the Annual Growth Surveys published by the Commission in 2011, 2012 and 2013, which show that the quality of European public administrations has a direct impact on the economic environment and is therefore crucial to stimulating productivity, competitiveness and growth and consequently stresses the importance of the timely and comprehensive modernisation of public administrations; |
| --- | --- |

6.

Wishes to highlight the results of the Annual Growth Surveys published by the Commission in 2011, 2012 and 2013, which show that the quality of European public administrations has a direct impact on the economic environment and is therefore crucial to stimulating productivity, competitiveness and growth and consequently stresses the importance of the timely and comprehensive modernisation of public administrations;

| 7. | Emphasises that over 1 00  000 local and regional authorities, from all 28 EU Member States, as well as other countries directly affected by EU legislation, are key providers of services to the general public and to businesses, whose voices should be heard and taken into account when drafting any initiatives affecting public service provision; |
| --- | --- |

7.

Emphasises that over 1 00  000 local and regional authorities, from all 28 EU Member States, as well as other countries directly affected by EU legislation, are key providers of services to the general public and to businesses, whose voices should be heard and taken into account when drafting any initiatives affecting public service provision;

| 8. | Welcomes the proposal for the Programme on interoperability solutions for European public administrations, businesses and citizens (ISA2), also regarding it as a step towards the completion of the European digital market (5). The Committee underlines, however, the importance of ensuring it is line with other relevant policy areas such as the European Semester, the Horizon 2020 Programme, the Connecting Europe Facility (CEF), the Digital Agenda for Europe's pillar II on interoperability and standards, the European Interoperability Strategy, the European Interoperability Framework and their future updates, with a view to maximising coherence and synergies; |
| --- | --- |

8.

Welcomes the proposal for the Programme on interoperability solutions for European public administrations, businesses and citizens (ISA2), also regarding it as a step towards the completion of the European digital market (5). The Committee underlines, however, the importance of ensuring it is line with other relevant policy areas such as the European Semester, the Horizon 2020 Programme, the Connecting Europe Facility (CEF), the Digital Agenda for Europe's pillar II on interoperability and standards, the European Interoperability Strategy, the European Interoperability Framework and their future updates, with a view to maximising coherence and synergies;

Towards the interoperability of public administrations in the EU

| 9. | Notes the results of studies indicating that Member State governments still have a long way to go in terms of guaranteeing businesses and private individuals trouble-free access to online public services, even within their own Member State (the indicator currently stands at 72 % of all services), while the availability of cross-border public services to nationals of a different EU country amounts to less than half of services (42 %) (6); |
| --- | --- |

9.

Notes the results of studies indicating that Member State governments still have a long way to go in terms of guaranteeing businesses and private individuals trouble-free access to online public services, even within their own Member State (the indicator currently stands at 72 % of all services), while the availability of cross-border public services to nationals of a different EU country amounts to less than half of services (42 %) (6);

| 10. | Stresses the importance of the European level in the coordination and provision of good practice guidelines in new areas such as electronic public services and their cross-border interoperability; |
| --- | --- |

10.

Stresses the importance of the European level in the coordination and provision of good practice guidelines in new areas such as electronic public services and their cross-border interoperability;

| 11. | Highlights the benefits in terms of lower costs, re-usability and flexibility of the end product provided by the use of open standards; |
| --- | --- |

11.

Highlights the benefits in terms of lower costs, re-usability and flexibility of the end product provided by the use of open standards;

| 12. | Therefore calls for a drive to ensure the comprehensive cross-sectoral and cross-border interoperability of the EU and Member States' e-services at the national, regional and local levels, allowing all interested countries to join this system, where appropriate; |
| --- | --- |

12.

Therefore calls for a drive to ensure the comprehensive cross-sectoral and cross-border interoperability of the EU and Member States' e-services at the national, regional and local levels, allowing all interested countries to join this system, where appropriate;

| 13. | Welcomes the fact that the draft decision builds on the e-Cohesion initiative, which aims at simplifying and streamlining the implementation of cohesion policy for 2014-2020 through the electronic exchange of information between beneficiaries and relevant bodies; |
| --- | --- |

13.

Welcomes the fact that the draft decision builds on the e-Cohesion initiative, which aims at simplifying and streamlining the implementation of cohesion policy for 2014-2020 through the electronic exchange of information between beneficiaries and relevant bodies;

| 14. | Shares the cautiousness expressed in the draft decision regarding the fact that a sector-specific interoperability approach entails the risk that the adoption of different or incompatible solutions at national or sectorial levels will create new e-barriers impeding the proper functioning of the internal market, the associated freedoms of movement and market competitiveness; |
| --- | --- |

14.

Shares the cautiousness expressed in the draft decision regarding the fact that a sector-specific interoperability approach entails the risk that the adoption of different or incompatible solutions at national or sectorial levels will create new e-barriers impeding the proper functioning of the internal market, the associated freedoms of movement and market competitiveness;

| 15. | Welcomes the ISA2 Programme's commitment to promote and, where appropriate, support the partial or full standardisation of existing interoperability solutions and to do so in cooperation with other standardisation activities at EU level and in European and other international standardisation organisations; |
| --- | --- |

15.

Welcomes the ISA2 Programme's commitment to promote and, where appropriate, support the partial or full standardisation of existing interoperability solutions and to do so in cooperation with other standardisation activities at EU level and in European and other international standardisation organisations;

| 16. | Notes that interoperability legislation should extend to private individuals and businesses (7), and therefore calls for the ISA2 programme to be more open to non-governmental sectors; |
| --- | --- |

16.

Notes that interoperability legislation should extend to private individuals and businesses (7), and therefore calls for the ISA2 programme to be more open to non-governmental sectors;

| 17. | Draws attention to the high degree of trust placed in cloud computing services (8), but would point out that due to the physical nature of this service, utmost priority should be given to issues of the secure and integral operation of interoperable systems; |
| --- | --- |

17.

Draws attention to the high degree of trust placed in cloud computing services (8), but would point out that due to the physical nature of this service, utmost priority should be given to issues of the secure and integral operation of interoperable systems;

| 18. | Underlines that the interoperability of e-government requires not only system compatibility (M2M solutions), but also capacity of civil services to work in close cooperation with information systems, as well as public awareness of the possibilities that such systems offer; the Committee therefore suggests adding human capacity-building, both in terms of digital and language skills, and awareness-raising components to the ISA2 programme, as suggested in other legislation (9); |
| --- | --- |

18.

Underlines that the interoperability of e-government requires not only system compatibility (M2M solutions), but also capacity of civil services to work in close cooperation with information systems, as well as public awareness of the possibilities that such systems offer; the Committee therefore suggests adding human capacity-building, both in terms of digital and language skills, and awareness-raising components to the ISA2 programme, as suggested in other legislation (9);

Scope

| 19. | Welcomes the scope of the proposed ISA2 Programme, which will cover all levels of administration: European, local, regional and national, and gives a commitment to take into account their respective needs, as well as those of citizens and enterprises where relevant (10); |
| --- | --- |

19.

Welcomes the scope of the proposed ISA2 Programme, which will cover all levels of administration: European, local, regional and national, and gives a commitment to take into account their respective needs, as well as those of citizens and enterprises where relevant (10);

| 20. | Notes that in a series of Ministerial Declarations (11), ministers have called on the Commission to facilitate cooperation among Member States by implementing cross-border and cross-sector interoperability solutions that will make more efficient and secure public services achievable; |
| --- | --- |

20.

Notes that in a series of Ministerial Declarations (11), ministers have called on the Commission to facilitate cooperation among Member States by implementing cross-border and cross-sector interoperability solutions that will make more efficient and secure public services achievable;

| 21. | Therefore welcomes the provision of unlimited use of developed interoperability solutions by other Union institutions and bodies and by national, regional and local public administrations, thus facilitating cross-border or cross-sector interaction between them (12); |
| --- | --- |

21.

Therefore welcomes the provision of unlimited use of developed interoperability solutions by other Union institutions and bodies and by national, regional and local public administrations, thus facilitating cross-border or cross-sector interaction between them (12);

| 22. | welcomes the opening-up of the ISA2 to the European Economic Area and to candidate countries, as a tool for promoting their integration with the EU; suggests however, while taking into consideration possible interest from other partner states and the potential to disseminate good governance incentives, that ISA2 financing be opened up to other partner states, primarily those involved in the Eastern or Euro-Mediterranean Partnerships; |
| --- | --- |

22.

welcomes the opening-up of the ISA2 to the European Economic Area and to candidate countries, as a tool for promoting their integration with the EU; suggests however, while taking into consideration possible interest from other partner states and the potential to disseminate good governance incentives, that ISA2 financing be opened up to other partner states, primarily those involved in the Eastern or Euro-Mediterranean Partnerships;

| 23. | Nevertheless views as somewhat limited and undefined the provision that national administrations can be supported in their endeavours through specific instruments under the European Structural and Investment Funds (ESIF) and calls for more detailed elaboration on this proposal; |
| --- | --- |

23.

Nevertheless views as somewhat limited and undefined the provision that national administrations can be supported in their endeavours through specific instruments under the European Structural and Investment Funds (ESIF) and calls for more detailed elaboration on this proposal;

Coordination of progress in ensuring interoperability

| 24. | Acknowledges the progress in seeking interoperability for European public services made by the introduction of the European Interoperability Strategy (EIS) and the European Interoperability Framework (EIF) and suggests that the Commission report regularly on the level of public service interoperability within different Member states, EEA countries and candidate states, and also provide cross-sectoral analyses, thus highlighting good practices and implementing the open method of coordination in this area; |
| --- | --- |

24.

Acknowledges the progress in seeking interoperability for European public services made by the introduction of the European Interoperability Strategy (EIS) and the European Interoperability Framework (EIF) and suggests that the Commission report regularly on the level of public service interoperability within different Member states, EEA countries and candidate states, and also provide cross-sectoral analyses, thus highlighting good practices and implementing the open method of coordination in this area;

| 25. | Calls for current changes in the cross-sectoral and cross-border interoperability of public administrations e-services EU-wide to be included, also at local and regional level, as one of the indicators to be developed in the rolling work programme with a view to measuring the programme's impact; |
| --- | --- |

25.

Calls for current changes in the cross-sectoral and cross-border interoperability of public administrations e-services EU-wide to be included, also at local and regional level, as one of the indicators to be developed in the rolling work programme with a view to measuring the programme's impact;

| 26. | Taking into account the low response rate from the Member States during the consultations on the ISA2 programme (13), suggests that the Commission endeavour to involve Member States as well as sub-national authorities more closely in reviewing the ISA2 Programme; |
| --- | --- |

26.

Taking into account the low response rate from the Member States during the consultations on the ISA2 programme (13), suggests that the Commission endeavour to involve Member States as well as sub-national authorities more closely in reviewing the ISA2 Programme;

| 27. | Welcomes the reference to multilingualism as one of the key principles of the ISA2 Programme (14) and calls on the Commission to pay adequate attention to the development of multilingual solutions, providing end-users with greater opportunities to use solutions in their native language; |
| --- | --- |

27.

Welcomes the reference to multilingualism as one of the key principles of the ISA2 Programme (14) and calls on the Commission to pay adequate attention to the development of multilingual solutions, providing end-users with greater opportunities to use solutions in their native language;

| 28. | Given the possibilities for misuse of stored and processed data, as well as the social and political implications, suggests explicitly mentioning security of usage as one of the general principles applying to all actions financed under the ISA2 Programme; |
| --- | --- |

28.

Given the possibilities for misuse of stored and processed data, as well as the social and political implications, suggests explicitly mentioning security of usage as one of the general principles applying to all actions financed under the ISA2 Programme;

| 29. | Since implementation of the actions under the programmes preceding the ICA2 programme was often hindered by cumbersome public procurement procedures, therefore calls on the Commission to seek out possible improvements in this area, which would also make it possible to uphold the principles of sound financial management and value for money; |
| --- | --- |

29.

Since implementation of the actions under the programmes preceding the ICA2 programme was often hindered by cumbersome public procurement procedures, therefore calls on the Commission to seek out possible improvements in this area, which would also make it possible to uphold the principles of sound financial management and value for money;

| 30. | Refers to its frequently-stated support for the development of the new common frameworks within the draft decision on ISA2 and calls for a more resource-efficient approach, primarily focussing on updating and expanding current infrastructure rather than creating new ones; |
| --- | --- |

30.

Refers to its frequently-stated support for the development of the new common frameworks within the draft decision on ISA2 and calls for a more resource-efficient approach, primarily focussing on updating and expanding current infrastructure rather than creating new ones;

| 31. | States that the proposal complies with the principles of subsidiarity and proportionality but points out that effective involvement of the Member States and their local and regional authorities in the ISA2 programme will be essential in order to fully achieve its aims and guarantee the continuous respect of the subsidiarity principle during the implementation of the programme; |
| --- | --- |

31.

States that the proposal complies with the principles of subsidiarity and proportionality but points out that effective involvement of the Member States and their local and regional authorities in the ISA2 programme will be essential in order to fully achieve its aims and guarantee the continuous respect of the subsidiarity principle during the implementation of the programme;

| 32. | Therefore notes the need for close interaction with all tiers of public administration, especially with the level of governance closest to the citizen and providing the widest range of services — local and regional authorities; |
| --- | --- |

32.

Therefore notes the need for close interaction with all tiers of public administration, especially with the level of governance closest to the citizen and providing the widest range of services — local and regional authorities;

| 33. | Welcomes the ambition to limit ISA2 intervention to cases of demonstrable European added value and which make a tangible contribution to strengthening and implementing EU policies and legislation, thus achieving considerable synergies through coordination across borders or sectors; |
| --- | --- |

33.

Welcomes the ambition to limit ISA2 intervention to cases of demonstrable European added value and which make a tangible contribution to strengthening and implementing EU policies and legislation, thus achieving considerable synergies through coordination across borders or sectors;

II.   RECOMMENDATIONS FOR AMENDMENTS

Amendment 1

Preamble, Recital 19

| Text proposed by the Commission | CoR amendment |
| --- | --- |
| | (20) | Security of usage and data stored in clouds is a further area which needs to be covered by ISA2. |

Text proposed by the Commission

CoR amendment

(20)

Security of usage and data stored in clouds is a further area which needs to be covered by ISA2.

Amendment 2

Preamble, Recital 28

| Text proposed by the Commission | CoR amendment |
| --- | --- |
| (28) | Regulation (EU) No 1303/2013 includes a thematic objective of ‘enhancing institutional capacity of public authorities and stakeholders and an efficient public administration’. In this context, the ISA2 Programme should tie in with programmes and initiatives contributing to the modernisation of public administrations like e.g. the DAE, and related networks like e.g. the European Public Administration Network (EUPAN) and seek synergies with them. |

Text proposed by the Commission

CoR amendment

(28)

Regulation (EU) No 1303/2013 includes a thematic objective of ‘enhancing institutional capacity of public authorities and stakeholders and an efficient public administration’. In this context, the ISA2 Programme should tie in with programmes and initiatives contributing to the modernisation of public administrations like e.g. the DAE, and related networks like e.g. the European Public Administration Network (EUPAN) and seek synergies with them.

| (28) | Regulation (EU) No 1303/2013 includes a thematic objective of ‘enhancing institutional capacity of public authorities and stakeholders and an efficient public administration’. In this context, the ISA2 Programme should tie in with programmes and initiatives contributing to the modernisation of public administrations like e.g. the DAE, and related networks like e.g. the European Public Administration Network (EUPAN)
  and, seek synergies with them
  and contribute to human capacity-building in public administrations
  . |
| --- | --- |

(28)

Regulation (EU) No 1303/2013 includes a thematic objective of ‘enhancing institutional capacity of public authorities and stakeholders and an efficient public administration’. In this context, the ISA2 Programme should tie in with programmes and initiatives contributing to the modernisation of public administrations like e.g. the DAE, and related networks like e.g. the European Public Administration Network (EUPAN)
  and, seek synergies with them
  and contribute to human capacity-building in public administrations
  .

Reason

Interoperability can only be achieved if the public administrations that are expected to implement it have the capacity to do so, which is currently not always the case.

Amendment 3

Preamble, Recital 29

| Text proposed by the Commission | CoR amendment |
| --- | --- |
| (29) | Interoperability of European public administrations concerns all levels of administration: European, local, regional and national. It is therefore important that solutions take into account their respective needs, as well as those of citizens and enterprises where relevant. |

Text proposed by the Commission

CoR amendment

(29)

Interoperability of European public administrations concerns all levels of administration: European, local, regional and national. It is therefore important that solutions take into account their respective needs, as well as those of citizens and enterprises where relevant.

| (29) | Interoperability of European public administrations concerns all levels of administration: European, local, regional and national. It is therefore important that solutions take into account their respective needs, as well as those of citizens and enterprises where relevant.
  Local and regional authorities need to be closely involved in the review of ISA2. |
| --- | --- |

(29)

Interoperability of European public administrations concerns all levels of administration: European, local, regional and national. It is therefore important that solutions take into account their respective needs, as well as those of citizens and enterprises where relevant.
  Local and regional authorities need to be closely involved in the review of ISA2.

Reason

As local and regional authorities participate in the programme and its implementation, they also need to be involved in the review as their experience might differ from that of other participants.

Amendment 4

Preamble, Recital 30

| Text proposed by the Commission | CoR amendment |
| --- | --- |
| (30) | National administrations can be supported in their endeavours through specific instruments under the European Structural and Investment Funds (ESIF). Close cooperation under the ISA2 Programme should maximise the benefits expected from such instruments by ensuring that funded projects are aligned with the Union-wide interoperability frameworks and specifications such as the EIF. |

Text proposed by the Commission

CoR amendment

(30)

National administrations can be supported in their endeavours through specific instruments under the European Structural and Investment Funds (ESIF). Close cooperation under the ISA2 Programme should maximise the benefits expected from such instruments by ensuring that funded projects are aligned with the Union-wide interoperability frameworks and specifications such as the EIF.

| (30) | National, regional and local administrations can be supported in their endeavours through specific instruments under the European Structural and Investment Funds (ESIF). Close cooperation under the ISA2 Programme should maximise the benefits expected from such instruments by ensuring that funded projects are aligned with the Union-wide interoperability frameworks and specifications such as the EIF. |
| --- | --- |

(30)

National, regional and local administrations can be supported in their endeavours through specific instruments under the European Structural and Investment Funds (ESIF). Close cooperation under the ISA2 Programme should maximise the benefits expected from such instruments by ensuring that funded projects are aligned with the Union-wide interoperability frameworks and specifications such as the EIF.

Amendment 5

Preamble, Recital 32

| Text proposed by the Commission | CoR amendment |
| --- | --- |
| (32) | Consideration should be given to the possibility of using pre-accession funds to facilitate candidate countries’ participation in the ISA2 Programme and the adoption and further implementation in those countries of solutions provided under it. |

Text proposed by the Commission

CoR amendment

(32)

Consideration should be given to the possibility of using pre-accession funds to facilitate candidate countries’ participation in the ISA2 Programme and the adoption and further implementation in those countries of solutions provided under it.

| (32) | Consideration should be given to the possibility of using pre-accession funds to facilitate candidate countries’ participation in the ISA2 Programme and the adoption and further implementation in those countries of solutions provided under it.
  In order to encourage countries from the Eastern or Euro-Mediterranean partnerships to adopt European interoperability standards, some ISA2 funding shall be made available to those countries, should they wish to participate. |
| --- | --- |

(32)

Consideration should be given to the possibility of using pre-accession funds to facilitate candidate countries’ participation in the ISA2 Programme and the adoption and further implementation in those countries of solutions provided under it.
  In order to encourage countries from the Eastern or Euro-Mediterranean partnerships to adopt European interoperability standards, some ISA2 funding shall be made available to those countries, should they wish to participate.

Amendment 6

Article 2

| Text proposed by the Commission | CoR amendment |
| --- | --- |
| For the purposes of this Decision, the following definitions shall apply: | For the purposes of this Decision, the following definitions shall apply: |
| (1) | ‘interoperability’ means the ability of disparate and diverse organisations to interact towards mutually beneficial and agreed common goals, involving the sharing of information and knowledge between the organisations, through the business processes they support, by means of the exchange of data between their respective information and communication technology (ICT) systems; |

Text proposed by the Commission

CoR amendment

For the purposes of this Decision, the following definitions shall apply:

For the purposes of this Decision, the following definitions shall apply:

(1)

‘interoperability’ means the ability of disparate and diverse organisations to interact towards mutually beneficial and agreed common goals, involving the sharing of information and knowledge between the organisations, through the business processes they support, by means of the exchange of data between their respective information and communication technology (ICT) systems;

| (1) | ‘interoperability’ means the ability of disparate and diverse organisations to interact towards mutually beneficial and agreed common goals, involving the sharing of information and knowledge between the organisations, through the business processes they support, by means of the exchange of data between their respective information and communication technology (ICT) systems; |
| --- | --- |

(1)

‘interoperability’ means the ability of disparate and diverse organisations to interact towards mutually beneficial and agreed common goals, involving the sharing of information and knowledge between the organisations, through the business processes they support, by means of the exchange of data between their respective information and communication technology (ICT) systems;

| (2) | ‘European public administrations’ means public administrations at EU, national, regional and local levels; |
| --- | --- |

(2)

| (2) | ‘interoperability solutions’ means common frameworks, common services and generic tools facilitating cooperation between disparate and diverse organisations, either autonomously funded and developed by the ISA2 Programme or developed in cooperation with other Union initiatives, based on identified requirements of European public administrations; |
| --- | --- |

(2)

‘interoperability solutions’ means common frameworks, common services and generic tools facilitating cooperation between disparate and diverse organisations, either autonomously funded and developed by the ISA2 Programme or developed in cooperation with other Union initiatives, based on identified requirements of European public administrations;

| (2

  3
  ) | ‘interoperability solutions’ means common frameworks, common services and generic tools facilitating cooperation between disparate and diverse organisations, either autonomously funded and developed by the ISA2 Programme or developed in cooperation with other Union initiatives, based on identified requirements of European public administrations; |
| --- | --- |

(2

  3
  )

‘interoperability solutions’ means common frameworks, common services and generic tools facilitating cooperation between disparate and diverse organisations, either autonomously funded and developed by the ISA2 Programme or developed in cooperation with other Union initiatives, based on identified requirements of European public administrations;

| (3) | acting as a ‘solution incubator’ means the development of, or support for, interoperability solutions during their pilot phase, before they become operational under other Union programmes or initiatives; |
| --- | --- |

(3)

acting as a ‘solution incubator’ means the development of, or support for, interoperability solutions during their pilot phase, before they become operational under other Union programmes or initiatives;

| (3

  4
  ) | acting as a ‘solution incubator’ means the development of, or support for, interoperability solutions during their pilot phase, before they become operational under other Union programmes or initiatives; |
| --- | --- |

(3

  4
  )

acting as a ‘solution incubator’ means the development of, or support for, interoperability solutions during their pilot phase, before they become operational under other Union programmes or initiatives;

| (4) | acting as a ‘solution bridge’ means the further development of, and support for, fully operational interoperability solutions before their delivery under other Union programmes or initiatives; |
| --- | --- |

(4)

acting as a ‘solution bridge’ means the further development of, and support for, fully operational interoperability solutions before their delivery under other Union programmes or initiatives;

| (4

  5
  ) | acting as a ‘solution bridge’ means the further development of, and support for, fully operational interoperability solutions before their delivery under other Union programmes or initiatives; |
| --- | --- |

(4

  5
  )

acting as a ‘solution bridge’ means the further development of, and support for, fully operational interoperability solutions before their delivery under other Union programmes or initiatives;

| (5) | ‘common frameworks’ means specifications, standards, methodologies, guidelines, common semantic assets and similar approaches and documents; |
| --- | --- |

(5)

‘common frameworks’ means specifications, standards, methodologies, guidelines, common semantic assets and similar approaches and documents;

| (5

  6
  ) | ‘common frameworks’ means specifications, standards, methodologies, guidelines, common semantic assets and similar approaches and documents; |
| --- | --- |

(5

  6
  )

‘common frameworks’ means specifications, standards, methodologies, guidelines, common semantic assets and similar approaches and documents;

| (6) | ‘common services’ means the organisational and technical capacity to deliver a common outcome to users, including operational systems, applications and digital infrastructures of a generic nature which meet common user requirements across policy or geographical areas, along with their supporting operational governance; |
| --- | --- |

(6)

‘common services’ means the organisational and technical capacity to deliver a common outcome to users, including operational systems, applications and digital infrastructures of a generic nature which meet common user requirements across policy or geographical areas, along with their supporting operational governance;

| (6

  7
  ) | ‘common services’ means the organisational and technical capacity to deliver a common outcome to users, including operational systems, applications and digital infrastructures of a generic nature which meet common user requirements across policy or geographical areas, along with their supporting operational governance; |
| --- | --- |

(6

  7
  )

‘common services’ means the organisational and technical capacity to deliver a common outcome to users, including operational systems, applications and digital infrastructures of a generic nature which meet common user requirements across policy or geographical areas, along with their supporting operational governance;

| (7) | ‘generic tools’ means systems, reference platforms, shared and collaborative platforms, and generic components which meet common user requirements across policy or geographical areas; |
| --- | --- |

(7)

‘generic tools’ means systems, reference platforms, shared and collaborative platforms, and generic components which meet common user requirements across policy or geographical areas;

| (7

  8
  ) | ‘generic tools’ means systems, reference platforms, shared and collaborative platforms, and generic components which meet common user requirements across policy or geographical areas; |
| --- | --- |

(7

  8
  )

‘generic tools’ means systems, reference platforms, shared and collaborative platforms, and generic components which meet common user requirements across policy or geographical areas;

| (8) | ‘actions’ means projects, solutions already in their operational phase and accompanying measures; |
| --- | --- |

(8)

‘actions’ means projects, solutions already in their operational phase and accompanying measures;

| (8

  9
  ) | ‘actions’ means projects, solutions already in their operational phase and accompanying measures; |
| --- | --- |

(8

  9
  )

‘actions’ means projects, solutions already in their operational phase and accompanying measures;

| (9) | ‘project’ means a time-limited sequence of well-defined tasks addressing identified user needs through a phased approach; |
| --- | --- |

(9)

‘project’ means a time-limited sequence of well-defined tasks addressing identified user needs through a phased approach;

| (9

  10
  ) | ‘project’ means a time-limited sequence of well-defined tasks addressing identified user needs through a phased approach; |
| --- | --- |

(9

  10
  )

‘project’ means a time-limited sequence of well-defined tasks addressing identified user needs through a phased approach;

| (10) | ‘accompanying measures’ means:






  — | strategic and awareness-raising measures; |
| --- | --- | --- |

(10)

‘accompanying measures’ means:

—

strategic and awareness-raising measures;

| — | measures in support of the management of the ISA2 Programme; |
| --- | --- |

—

measures in support of the management of the ISA2 Programme;

| — | measures in relation to the sharing of experience and the exchange and promotion of good practices; |
| --- | --- |

—

measures in relation to the sharing of experience and the exchange and promotion of good practices;

| — | measures to promote the re-use of existing interoperability solutions; |
| --- | --- |

—

measures to promote the re-use of existing interoperability solutions;

| — | measures aimed at community-building and capability-raising; and |
| --- | --- |

—

measures aimed at community-building and capability-raising; and

| — | measures aimed at establishing synergies with initiatives relevant to interoperability in other areas of Union policy; |
| --- | --- |

—

measures aimed at establishing synergies with initiatives relevant to interoperability in other areas of Union policy;

| (10

  11
  ) | ‘accompanying measures’ means:






  — | strategic and awareness-raising measures; |
| --- | --- | --- |

(10

  11
  )

‘accompanying measures’ means:

—

strategic and awareness-raising measures;

| — | measures in support of the management of the ISA2 Programme; |
| --- | --- |

—

measures in support of the management of the ISA2 Programme;

| — | measures in relation to the sharing of experience and the exchange and promotion of good practices; |
| --- | --- |

—

measures in relation to the sharing of experience and the exchange and promotion of good practices;

| — | measures to promote the re-use of existing interoperability solutions; |
| --- | --- |

—

measures to promote the re-use of existing interoperability solutions;

| — | measures aimed at community-building and capability-raising; and |
| --- | --- |

—

measures aimed at community-building and capability-raising; and

| — | measures aimed at establishing synergies with initiatives relevant to interoperability in other areas of Union policy; |
| --- | --- |

—

measures aimed at establishing synergies with initiatives relevant to interoperability in other areas of Union policy;

| (11) | ‘European Interoperability Reference Architecture (EIRA)’ means an architecture of a generic structure, comprising a set of principles and guidelines applying to the implementation of interoperability solutions in the European Union; |
| --- | --- |

(11)

‘European Interoperability Reference Architecture (EIRA)’ means an architecture of a generic structure, comprising a set of principles and guidelines applying to the implementation of interoperability solutions in the European Union;

| (11

  12
  ) | ‘European Interoperability Reference Architecture (EIRA)’ means an architecture of a generic structure, comprising a set of principles and guidelines applying to the implementation of interoperability solutions in the European Union; |
| --- | --- |

(11

  12
  )

‘European Interoperability Reference Architecture (EIRA)’ means an architecture of a generic structure, comprising a set of principles and guidelines applying to the implementation of interoperability solutions in the European Union;

| (12) | ‘European Interoperability Cartography (EIC)’ means a repository of interoperability solutions for European public administrations provided by Union institutions and Member States, presented in a common format and complying with specific re-usability and interoperability criteria that can be represented on the EIRA. |
| --- | --- |

(12)

‘European Interoperability Cartography (EIC)’ means a repository of interoperability solutions for European public administrations provided by Union institutions and Member States, presented in a common format and complying with specific re-usability and interoperability criteria that can be represented on the EIRA.

| (12

  13
  ) | ‘European Interoperability Cartography (EIC)’ means a repository of interoperability solutions for European public administrations provided by Union institutions and Member States, presented in a common format and complying with specific re-usability and interoperability criteria that can be represented on the EIRA. |
| --- | --- |

(12

  13
  )

‘European Interoperability Cartography (EIC)’ means a repository of interoperability solutions for European public administrations provided by Union institutions and Member States, presented in a common format and complying with specific re-usability and interoperability criteria that can be represented on the EIRA.

Amendment 7

Article 3

| Text proposed by the Commission | CoR amendment |
| --- | --- |
| The ISA2 Programme shall support and promote: | The ISA2 Programme shall support and promote: |
| (a) | the assessment, improvement, establishment, industrialisation, operation and re-use of existing cross-border or cross-sector interoperability solutions; |

Text proposed by the Commission

CoR amendment

The ISA2 Programme shall support and promote:

The ISA2 Programme shall support and promote:

(a)

the assessment, improvement, establishment, industrialisation, operation and re-use of existing cross-border or cross-sector interoperability solutions;

| (a) | the assessment, improvement, establishment, industrialisation, operation and re-use of existing cross-border or cross-sector interoperability solutions; |
| --- | --- |

(a)

the assessment, improvement, establishment, industrialisation, operation and re-use of existing cross-border or cross-sector interoperability solutions;

| (b) | the development, establishment, industrialisation, operation and re-use of new cross-border or cross-sector interoperability solutions; |
| --- | --- |

(b)

the development, establishment, industrialisation, operation and re-use of new cross-border or cross-sector interoperability solutions;

| (b) | the development, establishment, industrialisation, operation and re-use of new cross-border or cross-sector interoperability solutions; |
| --- | --- |

(b)

the development, establishment, industrialisation, operation and re-use of new cross-border or cross-sector interoperability solutions;

| (c) | the assessment of the ICT implications of proposed or adopted Union legislation; |
| --- | --- |

(c)

the assessment of the ICT implications of proposed or adopted Union legislation;

| (c) | the assessment of the ICT implications of proposed or adopted Union legislation; |
| --- | --- |

(c)

the assessment of the ICT implications of proposed or adopted Union legislation;

| (d) | the identification of legislation gaps that hamper interoperability between European public administrations; |
| --- | --- |

(d)

the identification of legislation gaps that hamper interoperability between European public administrations;

| (d) | the identification of legislation gaps that hamper interoperability between European public administrations; |
| --- | --- |

(d)

the identification of legislation gaps that hamper interoperability between European public administrations;

| (e) | the establishment, maintenance and improvement of the EIRA; |
| --- | --- |

(e)

the establishment, maintenance and improvement of the EIRA;

| (e) | the establishment, maintenance and improvement of the EIRA; |
| --- | --- |

(e)

the establishment, maintenance and improvement of the EIRA;

| (f) | the establishment and maintenance of the EIC as an instrument to facilitate the re-use of existing interoperability solutions and to identify the areas where such solutions are still lacking; |
| --- | --- |

(f)

the establishment and maintenance of the EIC as an instrument to facilitate the re-use of existing interoperability solutions and to identify the areas where such solutions are still lacking;

| (f) | the establishment and maintenance of the EIC as an instrument to facilitate the re-use of existing interoperability solutions and to identify the areas where such solutions are still lacking; |
| --- | --- |

(f)

the establishment and maintenance of the EIC as an instrument to facilitate the re-use of existing interoperability solutions and to identify the areas where such solutions are still lacking;

| (g) | the assessment, update and promotion of existing common specifications and standards and the development, establishment and promotion of new common specifications and standards through the Union’s standardisation platforms and in cooperation with European or international standardisation organisations as appropriate; and |
| --- | --- |

(g)

the assessment, update and promotion of existing common specifications and standards and the development, establishment and promotion of new common specifications and standards through the Union’s standardisation platforms and in cooperation with European or international standardisation organisations as appropriate; and

| (g) | the assessment, update and promotion of existing common specifications and standards and the development, establishment and promotion of new common specifications and standards through the Union’s standardisation platforms and in cooperation with European or international standardisation organisations as appropriate
  , including on data transmission, processing and storage security
  ; and |
| --- | --- |

(g)

the assessment, update and promotion of existing common specifications and standards and the development, establishment and promotion of new common specifications and standards through the Union’s standardisation platforms and in cooperation with European or international standardisation organisations as appropriate
  , including on data transmission, processing and storage security
  ; and

| (h) | the development of mechanisms that will measure and quantify the benefits of interoperability solutions. |
| --- | --- |

(h)

the development of mechanisms that will measure and quantify the benefits of interoperability solutions.

| (h) | the development of mechanisms that will measure and quantify the benefits of interoperability solutions. |
| --- | --- |

(h)

the development of mechanisms that will measure and quantify the benefits of interoperability solutions.

In addition, the ISA2 Programme may act as a ‘solution incubator’, piloting new interoperability solutions, and as a ‘solution bridge’, operating existing interoperability solutions.

In addition, the ISA2 Programme may act as a ‘solution incubator’, piloting new interoperability solutions, and as a ‘solution bridge’, operating existing interoperability solutions.

Reason

Data transmission, processing and storage security are highly relevant in the area of interoperability and should be taken into account when developing and promoting new standards.

Amendment 8

Article 11(1)

| Text proposed by the Commission | CoR amendment |
| --- | --- |
| The Commission and the ISA2 Committee shall regularly monitor the implementation and impact of the ISA2 Programme and users’ satisfaction with it. They shall also explore synergies with complementary Union programmes. | The Commission and the ISA2 Committee shall regularly monitor the implementation and impact of the ISA2 Programme and users’ satisfaction with it.
  They
  National and sub-national authorities shall be asked for feedback on the results of this monitoring. The Commission and the ISA2 Committee
  shall also explore synergies with complementary Union programmes. |

Text proposed by the Commission

CoR amendment

The Commission and the ISA2 Committee shall regularly monitor the implementation and impact of the ISA2 Programme and users’ satisfaction with it. They shall also explore synergies with complementary Union programmes.

The Commission and the ISA2 Committee shall regularly monitor the implementation and impact of the ISA2 Programme and users’ satisfaction with it.
  They
  National and sub-national authorities shall be asked for feedback on the results of this monitoring. The Commission and the ISA2 Committee
  shall also explore synergies with complementary Union programmes.

Reason

It is important to remain in dialogue with national and sub-national authorities involved in the programme.

Amendment 9

Article 11(2)

| Text proposed by the Commission | CoR amendment |
| --- | --- |
| The Commission shall report annually to the ISA2 Committee on the implementation of the Programme. | The Commission shall report annually to the ISA2 Committee
  , the European Parliament, Council and European Committee of the Regions
  on the implementation of the Programme
  and the level of public service interoperability within different Member States
  . |

Text proposed by the Commission

CoR amendment

The Commission shall report annually to the ISA2 Committee on the implementation of the Programme.

The Commission shall report annually to the ISA2 Committee
  , the European Parliament, Council and European Committee of the Regions
  on the implementation of the Programme
  and the level of public service interoperability within different Member States
  .

Reason

Information on the implementation of the ISA2 programme should be made widely available. It is also important to look at the level of interoperability within individual Member States, taking into account the interoperability of services provided by regional or local authorities.

Amendment 10

Article 12

| Text proposed by the Commission | CoR amendment |
| --- | --- |
| 1.   The ISA2 Programme shall be open to participation by the countries of the European Economic Area and the candidate countries in the framework of their respective agreements with the Union. | 1.   The ISA2 Programme shall be open to participation by the countries of the European Economic Area and the candidate countries in the framework of their respective agreements with the Union. |
| 2.   Cooperation with other third countries and international organisations or bodies shall be encouraged, notably in the framework of the Euro-Mediterranean and Eastern Partnerships and with neighbouring countries, in particular those of the Western Balkans and Black Sea regions. Related costs shall not be covered by the ISA2 Programme. | 2.   Cooperation with other third countries and international organisations or bodies shall be encouraged, notably in the framework of the Euro-Mediterranean and Eastern Partnerships and with neighbouring countries, in particular those of the Western Balkans and Black Sea regions. Related costs
  shall not
  could partially
  be covered by the ISA2 Programme. |
| 3.   Where appropriate, the Programme shall promote re-use of its solutions by third countries. | 3.   Where appropriate, the Programme shall promote re-use of its solutions by third countries. |

Text proposed by the Commission

CoR amendment

1.   The ISA2 Programme shall be open to participation by the countries of the European Economic Area and the candidate countries in the framework of their respective agreements with the Union.

1.   The ISA2 Programme shall be open to participation by the countries of the European Economic Area and the candidate countries in the framework of their respective agreements with the Union.

2.   Cooperation with other third countries and international organisations or bodies shall be encouraged, notably in the framework of the Euro-Mediterranean and Eastern Partnerships and with neighbouring countries, in particular those of the Western Balkans and Black Sea regions. Related costs shall not be covered by the ISA2 Programme.

2.   Cooperation with other third countries and international organisations or bodies shall be encouraged, notably in the framework of the Euro-Mediterranean and Eastern Partnerships and with neighbouring countries, in particular those of the Western Balkans and Black Sea regions. Related costs
  shall not
  could partially
  be covered by the ISA2 Programme.

3.   Where appropriate, the Programme shall promote re-use of its solutions by third countries.

3.   Where appropriate, the Programme shall promote re-use of its solutions by third countries.

Reason

In order to encourage international cooperation in the area of interoperability, it is necessary foresee the possibility of the programme partially covering the costs.

Brussels, 12 February 2015.

The President of the European Committee of the Regions

Markku MARKKULA

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(1)  See CdR 4165/2014, 5960/2013, 5559/2013, 3597/2013, 1646/2013, 2414/2012, 1673/2013, 626/2012, 402/2012, 65/2011, 104/2010.

1

(2)  A Digital Agenda for Europe, Commission Communication, COM(2010) 245 final, 28.8.2010.

2

A Digital Agenda for Europe

(3)  The first legal act in this field is considered to be Council Decision 95/468/EC of 6 November 1995 on a Community contribution for telematic interchange of data between administrations in the Community (IDA).

3

(4)  European Parliament Resolution on a competitive digital single market — e-Government as a spearhead (3 April 2012).

4

(5)  Proposal for a decision of the European Parliament and of the Council establishing a programme on interoperability solutions for European public administrations, businesses and citizens (ISA2) Interoperability as a means for modernising the public sector Brussels, 26.6.2014 COM(2014) 367 final 2014/0185 (COD)

5

(6)  eGovernment Benchmark Framework 2012-2015 Method paper July 2012, Final Report: A study prepared for the European Commission DG Communications Networks, Content & Technology, available at https://ec.europa.eu/digital-agenda/sites/digital-agenda/files/eGovernment%20Benchmarking%20method%20paper%20published%20version_0.pdf

6

(7)  COM(2014) 367 final 2014/0185 (COD) p. 10.

7

(8)  See the Communication on ‘Unleashing the Potential of Cloud Computing in Europe’. COM(2012) 529.

8

(9)  Specifically Regulation (EU) No 1303/2013.

9

(10)  COM(2014) 367 final, point 29.

10

(11)  See the declarations adopted in Manchester on 24 November 2005, Lisbon on 19 September 2007, Malmö on 18 November 2009 and Granada on 19 April 2010.

11

(12)  COM(2014) 367 final, Decision point 2.

12

(13)  With 16 out of 28 Member States replying during the consultations held in November 2013, see COM(2014) 367 final 2014/0185 (COD) p. 10.

13

(14)  COM(2014) 367 final, Art 4.

14

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