# Official Journal C 291/4 Se

| | ISSN 1977-091X |
| --- | --- |
| Official Journal
  of the European Union | C 291 |
| | |
| English edition | Information and Notices | Volume 584 September 2015 |

ISSN 1977-091X

Official Journal

of the European Union

C 291

English edition

Information and Notices

Volume 584 September 2015

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| Notice No | Contents | page |
| --- | --- | --- |
| | I   Resolutions, recommendations and opinions |
| | OPINIONS |
| | European Economic and Social Committee |
| | 507th EESC plenary session of 22 and 23 April 2015 |
| 2015/C 291/01 | Opinion of the European Economic and Social Committee on the implications of climate and energy policy on agricultural and forestry sectors (exploratory opinion) | 1 |
| 2015/C 291/02 | Opinion of the European Economic and Social Committee on the development of the governance system proposed in the context of the 2030 climate and energy framework (exploratory opinion requested by the European Commission) | 8 |
| 2015/C 291/03 | Opinion of the European Economic and Social Committee on the Roadmap to a single European transport area — progress and challenges (exploratory opinion requested by the European Parliament) | 14 |
| 2015/C 291/04 | Opinion of the European Economic and Social Committee on the role of civil society in EU-Albania relations (exploratory opinion) | 21 |
| 2015/C 291/05 | Opinion of the European Economic and Social Committee on Self-regulation and co-regulation in the Community legislative framework (own-initiative opinion) | 29 |
| 2015/C 291/06 | Opinion of the European Economic and Social Committee on an industrial policy for the European glass sector | 40 |
| 2015/C 291/07 | Opinion of the European Economic and Social Committee on Promoting the European single market combining biomedical engineering with the medical and care services industry | 45 |

Notice No

Contents

page

I   Resolutions, recommendations and opinions

OPINIONS

European Economic and Social Committee

507th EESC plenary session of 22 and 23 April 2015

2015/C 291/01

Opinion of the European Economic and Social Committee on the implications of climate and energy policy on agricultural and forestry sectors (exploratory opinion)

1

2015/C 291/02

Opinion of the European Economic and Social Committee on the development of the governance system proposed in the context of the 2030 climate and energy framework (exploratory opinion requested by the European Commission)

8

2015/C 291/03

Opinion of the European Economic and Social Committee on the Roadmap to a single European transport area — progress and challenges (exploratory opinion requested by the European Parliament)

14

2015/C 291/04

Opinion of the European Economic and Social Committee on the role of civil society in EU-Albania relations (exploratory opinion)

21

2015/C 291/05

Opinion of the European Economic and Social Committee on Self-regulation and co-regulation in the Community legislative framework (own-initiative opinion)

29

2015/C 291/06

Opinion of the European Economic and Social Committee on an industrial policy for the European glass sector

40

2015/C 291/07

Opinion of the European Economic and Social Committee on Promoting the European single market combining biomedical engineering with the medical and care services industry

45

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| | III   Preparatory acts |
| --- | --- |
| | EUROPEAN ECONOMIC AND SOCIAL COMMITTEE |
| | 507th EESC plenary session of 22 and 23 April 2015 |
| 2015/C 291/08 | Opinion of the European Economic and Social Committee on the Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions: The urban dimension of EU policies — Key features of an EU urban agenda(COM(2014) 490 final) | 54 |
| 2015/C 291/09 | Opinion of the European Economic and Social Committee on the Proposal for a Regulation of the European Parliament and of the Council fixing the adjustment rate provided for in Regulation (EU) No 1306/2013 for direct payments in respect of calendar year 2015 [COM(2015) 141 final — 2015/0070 COD] | 60 |

III   Preparatory acts

EUROPEAN ECONOMIC AND SOCIAL COMMITTEE

507th EESC plenary session of 22 and 23 April 2015

2015/C 291/08

Opinion of the European Economic and Social Committee on the Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions: The urban dimension of EU policies — Key features of an EU urban agenda(COM(2014) 490 final)

(COM(2014) 490 final)

54

2015/C 291/09

Opinion of the European Economic and Social Committee on the Proposal for a Regulation of the European Parliament and of the Council fixing the adjustment rate provided for in Regulation (EU) No 1306/2013 for direct payments in respect of calendar year 2015 [COM(2015) 141 final — 2015/0070 COD]

[COM(2015) 141 final — 2015/0070 COD]

60

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| EN | |
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EN

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I Resolutions, recommendations and opinions

OPINIONS

European Economic and Social Committee

507th EESC plenary session of 22 and 23 April 2015

| 4.9.2015 | EN | Official Journal of the European Union | C 291/1 |
| --- | --- | --- | --- |

4.9.2015

EN

Official Journal of the European Union

C 291/1

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Opinion of the European Economic and Social Committee on the implications of climate and energy policy on agricultural and forestry sectors

(exploratory opinion)

(2015/C 291/01)

| Rapporteur: | Mindaugas MACIULEVIČIUS |
| --- | --- |

Rapporteur:

Mindaugas MACIULEVIČIUS

On 26 September 2014, the upcoming Latvian Presidency of the European Union decided to consult the European Economic and Social Committee, under Article 304 of the Treaty on the Functioning of the European Union, on the

Implications of climate and energy policy on agricultural and forestry sectors

(exploratory opinion).

The Section for Agriculture, Rural Development and the Environment, which was responsible for preparing the Committee’s work on the subject, adopted its opinion on 9 April.

At its 507th plenary session, held on 22 and 23 April (meeting of 22 April), the European Economic and Social Committee adopted the following opinion by 147 votes to 1 with 3 abstentions.

1.   Conclusions and recommendations

| 1.1. | The EESC stresses that climate change is a global challenge. When deciding on the EU’s contribution to the global climate agreement, the EU and the Member States should take into account the difference of policies worldwide and consider impacts of climate change and mitigation potentials. EU policies must address the challenge of maintaining food security in spite of the growing demand, while maintaining the competitiveness of the EU’s agricultural and forestry sectors and strengthening the attractiveness of local EU producers, without imposing unnecessary burdens on farmers and forest owners. The EU should lead by example in economically, socially and environmentally sustainable farming. The EU policy framework needs to be coherent and consistent. |
| --- | --- |

1.1.

The EESC stresses that climate change is a global challenge. When deciding on the EU’s contribution to the global climate agreement, the EU and the Member States should take into account the difference of policies worldwide and consider impacts of climate change and mitigation potentials. EU policies must address the challenge of maintaining food security in spite of the growing demand, while maintaining the competitiveness of the EU’s agricultural and forestry sectors and strengthening the attractiveness of local EU producers, without imposing unnecessary burdens on farmers and forest owners. The EU should lead by example in economically, socially and environmentally sustainable farming. The EU policy framework needs to be coherent and consistent.

| 1.2. | The global context needs to be considered to avoid relocation of energy- and emissions-intensive production capabilities to other parts of the world, which may even lead to an increase in total global emissions while decreasing the competitiveness of the European agricultural and forestry sectors. |
| --- | --- |

1.2.

The global context needs to be considered to avoid relocation of energy- and emissions-intensive production capabilities to other parts of the world, which may even lead to an increase in total global emissions while decreasing the competitiveness of the European agricultural and forestry sectors.

| 1.3. | The decision to integrate land-use, land-use change and forestry (LULUCF) in the post-2020 policy framework creates a high degree of uncertainty for the farming and — in some cases — the forestry sector. It is still unclear whether this will lead to a sink-effect or if the integration will lead to additional emissions in a number of regions. Any decision has to be science-based and should be taken after a proper impact assessment of different options at Member State level. |
| --- | --- |

1.3.

The decision to integrate land-use, land-use change and forestry (LULUCF) in the post-2020 policy framework creates a high degree of uncertainty for the farming and — in some cases — the forestry sector. It is still unclear whether this will lead to a sink-effect or if the integration will lead to additional emissions in a number of regions. Any decision has to be science-based and should be taken after a proper impact assessment of different options at Member State level.

| 1.4. | When deciding on the post-2020 GHG emission reduction targets for Member States in the agricultural and forestry sectors, the EESC calls for flexibility, especially in Member States which currently have significantly lower footprints in agriculture or forestry. |
| --- | --- |

1.4.

When deciding on the post-2020 GHG emission reduction targets for Member States in the agricultural and forestry sectors, the EESC calls for flexibility, especially in Member States which currently have significantly lower footprints in agriculture or forestry.

| 1.5. | Given the expected very positive economic and social impact, especially for job creation in rural areas, the EESC encourages an active strategy, taking into account the potential for sustainable and economically viable growth of biomass for bioenergy and the bioeconomy in general as well as sustainably intensified agriculture, guaranteeing stable additional high income for farmers, forest owners and rural communities and boosting investment in infrastructure and the social needs of rural areas. |
| --- | --- |

1.5.

Given the expected very positive economic and social impact, especially for job creation in rural areas, the EESC encourages an active strategy, taking into account the potential for sustainable and economically viable growth of biomass for bioenergy and the bioeconomy in general as well as sustainably intensified agriculture, guaranteeing stable additional high income for farmers, forest owners and rural communities and boosting investment in infrastructure and the social needs of rural areas.

| 1.6. | Forests and wood products can store more CO2. Active forest management and increased use of wood products can increase the removal and storage of CO2. Additional substitution effects can be expected where wood products replace conventional products or materials. |
| --- | --- |

1.6.

Forests and wood products can store more CO2. Active forest management and increased use of wood products can increase the removal and storage of CO2. Additional substitution effects can be expected where wood products replace conventional products or materials.

| 1.7. | Agriculture and forestry sectors are complex, not fully understood biological structures, where major changes should not be proposed and implemented as temporary solutions to reach short-term targets. Concentrating on 2020 and 2030 targets is too short a period for biological systems. No global solutions on biological systems should be proposed for the whole EU region, given the very diverse and sometimes unexpected local circumstances. |
| --- | --- |

1.7.

Agriculture and forestry sectors are complex, not fully understood biological structures, where major changes should not be proposed and implemented as temporary solutions to reach short-term targets. Concentrating on 2020 and 2030 targets is too short a period for biological systems. No global solutions on biological systems should be proposed for the whole EU region, given the very diverse and sometimes unexpected local circumstances.

| 1.8. | Research, innovation and development are the main drivers for the transition to sustainable agriculture and forestry, including for bioenergy and the bioeconomy, in line with climate policy objectives. The EESC calls on the EU institutions and Member States to increase the funding for work in this field, and calls for a joint effort where findings are shared between the research communities. The key to successful implementation of innovation is to actively promote it via consultative and educational bodies to the end users in the agricultural and forestry sectors. |
| --- | --- |

1.8.

Research, innovation and development are the main drivers for the transition to sustainable agriculture and forestry, including for bioenergy and the bioeconomy, in line with climate policy objectives. The EESC calls on the EU institutions and Member States to increase the funding for work in this field, and calls for a joint effort where findings are shared between the research communities. The key to successful implementation of innovation is to actively promote it via consultative and educational bodies to the end users in the agricultural and forestry sectors.

| 1.9. | EU policies, in conjunction with specific research and innovation programmes combined with financial incentives to farmers and forest owners, should:






  — | promote the gradual transition to fossil fuel free agriculture models, |
| --- | --- | --- |

1.9.

EU policies, in conjunction with specific research and innovation programmes combined with financial incentives to farmers and forest owners, should:

—

promote the gradual transition to fossil fuel free agriculture models,

| — | focus on improving the efficiency of all production systems, and |
| --- | --- |

—

focus on improving the efficiency of all production systems, and

| — | support a more efficient utilisation of resources, including land, water and nutrients. |
| --- | --- |

—

support a more efficient utilisation of resources, including land, water and nutrients.

| 1.10. | The EESC stresses that civil dialogue and civil initiatives between stakeholders and local, regional, national and European institutions are the most efficient way of creating the policy framework for the agricultural and forestry sectors. The best examples of such involvement, including successful public-private partnerships, should be shared among the Member States. |
| --- | --- |

1.10.

The EESC stresses that civil dialogue and civil initiatives between stakeholders and local, regional, national and European institutions are the most efficient way of creating the policy framework for the agricultural and forestry sectors. The best examples of such involvement, including successful public-private partnerships, should be shared among the Member States.

2.   Introduction

| 2.1. | Acting upon the referral from the Latvian Presidency of the EU, the EESC decided to draw up this opinion in order to make known civil society’s views on the best ways to reduce GHG emissions and increase CO2 removals in the agricultural and forestry sectors in a cost effective manner and without hampering sustainable development and the competitiveness of the EU. |
| --- | --- |

2.1.

Acting upon the referral from the Latvian Presidency of the EU, the EESC decided to draw up this opinion in order to make known civil society’s views on the best ways to reduce GHG emissions and increase CO2 removals in the agricultural and forestry sectors in a cost effective manner and without hampering sustainable development and the competitiveness of the EU.

| 2.2. | The EESC recognises that the implications of the EU climate and energy policy for the development of the agricultural and forestry sectors are complex. Bearing this in mind, the opinion aims to describe key impacts of the current EU policy framework on the two sectors and the contribution already made to mitigating and adapting to climate change, to highlight potential opportunities for the sectors, to address social aspects and effects on civil society and to propose recommendations concerning the place and role of the agricultural and forestry sectors in the EU’s 2030 energy and climate policy framework. |
| --- | --- |

2.2.

The EESC recognises that the implications of the EU climate and energy policy for the development of the agricultural and forestry sectors are complex. Bearing this in mind, the opinion aims to describe key impacts of the current EU policy framework on the two sectors and the contribution already made to mitigating and adapting to climate change, to highlight potential opportunities for the sectors, to address social aspects and effects on civil society and to propose recommendations concerning the place and role of the agricultural and forestry sectors in the EU’s 2030 energy and climate policy framework.

| 2.3. | The European Union agreed upon its energy and climate objectives in the 2009 package (1) of binding legislation enforcing the so-called 20-20-20 targets. The 2020 policy framework did not set a specific emissions reduction target for agriculture and the LULUCF. |
| --- | --- |

2.3.

The European Union agreed upon its energy and climate objectives in the 2009 package (1) of binding legislation enforcing the so-called 20-20-20 targets. The 2020 policy framework did not set a specific emissions reduction target for agriculture and the LULUCF.

| 2.4. | On 22 January 2014 the European Commission issued ‘A policy framework for climate and energy in the period from 2020 to 2030’ (2). The new targets further backed by the European Council in its October conclusions include: a 40 % cut in GHG emissions compared with 1990 levels, at least a 27 % share of renewable energy consumption and an improvement in energy efficiency by 27 %. |
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2.4.

On 22 January 2014 the European Commission issued ‘A policy framework for climate and energy in the period from 2020 to 2030’ (2). The new targets further backed by the European Council in its October conclusions include: a 40 % cut in GHG emissions compared with 1990 levels, at least a 27 % share of renewable energy consumption and an improvement in energy efficiency by 27 %.

| 2.5. | In the 2030 framework the Commission suggested: ‘To ensure that all sectors contribute in a cost-effective way to the mitigation efforts, agriculture, land-use, land-use change and forestry should be included in the GHG reduction target for 2030.’ |
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2.5.

In the 2030 framework the Commission suggested: ‘To ensure that all sectors contribute in a cost-effective way to the mitigation efforts, agriculture, land-use, land-use change and forestry should be included in the GHG reduction target for 2030.’

| 2.6. | Additionally, the European Council invited the Commission ‘to examine the best means of encouraging the sustainable intensification of food production, while optimising the sector’s contribution to greenhouse gas mitigation and sequestration, including through afforestation’ (3). |
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2.6.

Additionally, the European Council invited the Commission ‘to examine the best means of encouraging the sustainable intensification of food production, while optimising the sector’s contribution to greenhouse gas mitigation and sequestration, including through afforestation’ (3).

| 2.7. | At the end of 2015, a globally binding climate protection agreement should be adopted at the 21st Conference of the Parties (COP21) of the UN Framework Convention on Climate Change (UNFCCC) in Paris. It must commit countries to emission-reduction and adaptation measures. |
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2.7.

At the end of 2015, a globally binding climate protection agreement should be adopted at the 21st Conference of the Parties (COP21) of the UN Framework Convention on Climate Change (UNFCCC) in Paris. It must commit countries to emission-reduction and adaptation measures.

| 2.8. | Furthermore, the action taken by the new European Commission in the context of the Regulatory Fitness and Performance Programme (REFIT) programme and reviewing of existing policies, which the EESC supports in general, could be a good opportunity to overcome contradictions and ensure consistency of EU environmental (water, air and soil), agricultural and forestry policies, in particular for the agricultural and forestry sectors. Respecting the subsidiarity principle as well as coherence between individual national institutions and regional authorities is also very important (coherence between national and regional policies). |
| --- | --- |

2.8.

Furthermore, the action taken by the new European Commission in the context of the Regulatory Fitness and Performance Programme (REFIT) programme and reviewing of existing policies, which the EESC supports in general, could be a good opportunity to overcome contradictions and ensure consistency of EU environmental (water, air and soil), agricultural and forestry policies, in particular for the agricultural and forestry sectors. Respecting the subsidiarity principle as well as coherence between individual national institutions and regional authorities is also very important (coherence between national and regional policies).

| 2.9. | Different Member States have different situations, conditions and strategies with regard to forestry and agriculture. Knowing these differences it would be hard to find one solution that fits all. However, the role of the EU should be to promote and disseminate best practices in forestry and agriculture among Member States as well as to contribute to capacity building of decision makers, local communities, land owners, relevant industries and researchers. |
| --- | --- |

2.9.

Different Member States have different situations, conditions and strategies with regard to forestry and agriculture. Knowing these differences it would be hard to find one solution that fits all. However, the role of the EU should be to promote and disseminate best practices in forestry and agriculture among Member States as well as to contribute to capacity building of decision makers, local communities, land owners, relevant industries and researchers.

3.   Impacts

| 3.1. | In different EU regions climate change impacts the agriculture and forestry sectors in multiple ways, with both negative and positive consequences. Although there is uncertainty concerning the magnitude of these impacts in the future, a number of significant changes are already occurring, including: changes in annual and seasonal precipitation patterns, extreme events, changes in the availability of water resources, pests and diseases and soil changes. These changes in turn affect the volume and quality of yields and the stability of food production, affecting both the agriculture and forestry sectors and consumers. They also lead to wider risks for rural areas, such as increased risk of flooding and damage to infrastructure. |
| --- | --- |

3.1.

In different EU regions climate change impacts the agriculture and forestry sectors in multiple ways, with both negative and positive consequences. Although there is uncertainty concerning the magnitude of these impacts in the future, a number of significant changes are already occurring, including: changes in annual and seasonal precipitation patterns, extreme events, changes in the availability of water resources, pests and diseases and soil changes. These changes in turn affect the volume and quality of yields and the stability of food production, affecting both the agriculture and forestry sectors and consumers. They also lead to wider risks for rural areas, such as increased risk of flooding and damage to infrastructure.

| 3.2. | While assessing how emissions from agriculture and LULUCF should be integrated into the 2030 framework, it is important to note the role of agriculture and forestry in terms of its large soil-based carbon pool as well as making a major contribution to reducing the EU’s dependence on energy imports by supplying bioenergy. Agriculture contributes about 10 % of total EU28 GHG emissions and 18 % of emissions in the non-ETS sector governed by the Effort Sharing Decision. Nevertheless, it should be acknowledged that since 1990 EU agriculture has achieved CO2 equivalent reductions of some 18 % compared with the EU overall reduction of 17 % in the same period. At the same time, the output of agricultural production has increased. |
| --- | --- |

3.2.

While assessing how emissions from agriculture and LULUCF should be integrated into the 2030 framework, it is important to note the role of agriculture and forestry in terms of its large soil-based carbon pool as well as making a major contribution to reducing the EU’s dependence on energy imports by supplying bioenergy. Agriculture contributes about 10 % of total EU28 GHG emissions and 18 % of emissions in the non-ETS sector governed by the Effort Sharing Decision. Nevertheless, it should be acknowledged that since 1990 EU agriculture has achieved CO2 equivalent reductions of some 18 % compared with the EU overall reduction of 17 % in the same period. At the same time, the output of agricultural production has increased.

| 3.3. | The climate goals imply that there is a need for resource- and CO2-efficient forms of agriculture. When determining the cost-efficient goals for the sector the CO2 equivalent per produced unit must be considered. Moreover, the global context needs to be taken into account to avoid relocation of the energy- and emissions-intensive production capabilities to other parts of the world, which may even lead to an increase of total emissions while decreasing the competitiveness of the European agricultural and forestry sectors. |
| --- | --- |

3.3.

The climate goals imply that there is a need for resource- and CO2-efficient forms of agriculture. When determining the cost-efficient goals for the sector the CO2 equivalent per produced unit must be considered. Moreover, the global context needs to be taken into account to avoid relocation of the energy- and emissions-intensive production capabilities to other parts of the world, which may even lead to an increase of total emissions while decreasing the competitiveness of the European agricultural and forestry sectors.

| 3.4. | The EU’s agricultural and forestry sector is highly dependent on fossil fuels, mainly due to the use of fertiliser and fossil fuel for machines. Future EU policies, in conjunction with specific research and innovation programmes, combined with financial incentives to farmers and forest owners should:






  — | promote the gradual transition to fossil fuel free agriculture models, |
| --- | --- | --- |

3.4.

The EU’s agricultural and forestry sector is highly dependent on fossil fuels, mainly due to the use of fertiliser and fossil fuel for machines. Future EU policies, in conjunction with specific research and innovation programmes, combined with financial incentives to farmers and forest owners should:

—

promote the gradual transition to fossil fuel free agriculture models,

| — | focus on improving the efficiency of all production systems, and |
| --- | --- |

—

focus on improving the efficiency of all production systems, and

| — | support a more efficient utilisation of resources, including land, water and nutrients. |
| --- | --- |

—

support a more efficient utilisation of resources, including land, water and nutrients.

Moreover, a sustainable closed model of agriculture and forestry should be promoted in order to boost the competitiveness of these sectors globally.

| 3.5. | The EESC welcomes the environmental measures introduced by the recent CAP reform, however it underlines the differences in climatic conditions, farm types and other specificities, including lack of awareness in the EU Member States. When designing future measures, flexibility to farmers needs to be assured. Environmental protection, agricultural production and forest management processes should be integrated in a way that sustainably strengthens production capacity and contributes to efficiency, productivity and innovation. |
| --- | --- |

3.5.

The EESC welcomes the environmental measures introduced by the recent CAP reform, however it underlines the differences in climatic conditions, farm types and other specificities, including lack of awareness in the EU Member States. When designing future measures, flexibility to farmers needs to be assured. Environmental protection, agricultural production and forest management processes should be integrated in a way that sustainably strengthens production capacity and contributes to efficiency, productivity and innovation.

| 3.6. | According to the United Nations’ Food and Agriculture Organisation (FAO), the increase in global demand for food will reach up to 70 % by 2050 and most of it will be in high protein value from animal products. The EU farming sector’s focus is firmly set on increasing the efficiency of resource use on farms, thereby lowering their emissions per produced unit by adopting sustainable practices. Such practices need to incorporate a high standard of animal welfare and the EU should also press for this to be recognised internationally. However, the EESC acknowledges that even if major efforts and investments are made towards reducing methane emissions from livestock production, the increase in the number of animals can still potentially increase net emissions. |
| --- | --- |

3.6.

According to the United Nations’ Food and Agriculture Organisation (FAO), the increase in global demand for food will reach up to 70 % by 2050 and most of it will be in high protein value from animal products. The EU farming sector’s focus is firmly set on increasing the efficiency of resource use on farms, thereby lowering their emissions per produced unit by adopting sustainable practices. Such practices need to incorporate a high standard of animal welfare and the EU should also press for this to be recognised internationally. However, the EESC acknowledges that even if major efforts and investments are made towards reducing methane emissions from livestock production, the increase in the number of animals can still potentially increase net emissions.

| 3.7. | Due to the impact of climate change on the agricultural and forestry sectors, traditional crop production areas are also changing. The EESC notes that significant research and development is needed in order to develop the best, most productive, cost-effective and sustainable techniques and plant varieties (cultivars), taking into account climate change and specific regional and local conditions for agriculture and forestry in Europe. This could be achieved with traditional breeding and selection techniques and local plant varieties should be prioritised. Soil productivity and sustainable intensification is key for resource efficiency. |
| --- | --- |

3.7.

Due to the impact of climate change on the agricultural and forestry sectors, traditional crop production areas are also changing. The EESC notes that significant research and development is needed in order to develop the best, most productive, cost-effective and sustainable techniques and plant varieties (cultivars), taking into account climate change and specific regional and local conditions for agriculture and forestry in Europe. This could be achieved with traditional breeding and selection techniques and local plant varieties should be prioritised. Soil productivity and sustainable intensification is key for resource efficiency.

4.   Opportunities

| 4.1. | Whilst giving due attention to the need to address both current challenges and those that lie ahead, the EESC calls for smart solutions to be found to the challenges already being presented by climate change, but also recognises that the ambitious goals of climate and energy policy post-2020 represent an opportunity for the EU’s agricultural and forestry sectors, which have a significant role to play within the policy framework. The EESC acknowledges that the effort has to be joint and active between civil society and local, regional, Member State and EU levels. |
| --- | --- |

4.1.

Whilst giving due attention to the need to address both current challenges and those that lie ahead, the EESC calls for smart solutions to be found to the challenges already being presented by climate change, but also recognises that the ambitious goals of climate and energy policy post-2020 represent an opportunity for the EU’s agricultural and forestry sectors, which have a significant role to play within the policy framework. The EESC acknowledges that the effort has to be joint and active between civil society and local, regional, Member State and EU levels.

| 4.2. | The measures that are going to be implemented in the agriculture and forestry sectors need to have a positive long-term impact on GHG emissions and CO2 removals, from the land-use perspective, since many of the forestry GHG reduction measures may increase emissions in the short term, but have a much more significant positive impact in the long run. Concentrating on 2020 and 2030 targets is too short a period for biological systems. |
| --- | --- |

4.2.

The measures that are going to be implemented in the agriculture and forestry sectors need to have a positive long-term impact on GHG emissions and CO2 removals, from the land-use perspective, since many of the forestry GHG reduction measures may increase emissions in the short term, but have a much more significant positive impact in the long run. Concentrating on 2020 and 2030 targets is too short a period for biological systems.

| 4.3. | The EESC notes that agriculture in Europe plays a crucial role, especially for family farming, food security, rural employment, social inclusion and sustainable development in rural areas. In order to safeguard it, decisions on the further development of the sector involving GHG reductions should be evaluated thoroughly, comprehensively and with due consideration of national issues. |
| --- | --- |

4.3.

The EESC notes that agriculture in Europe plays a crucial role, especially for family farming, food security, rural employment, social inclusion and sustainable development in rural areas. In order to safeguard it, decisions on the further development of the sector involving GHG reductions should be evaluated thoroughly, comprehensively and with due consideration of national issues.

| 4.4. | Forests have a major role to play in mitigating climate change. Their multifunctional character serving economic, environmental and social purposes needs to be recognised. The EESC encourages Member States to develop national Active Forest Strategies and update existing National forest programmes considering the principles and goals of the EU Forest Strategy. |
| --- | --- |

4.4.

Forests have a major role to play in mitigating climate change. Their multifunctional character serving economic, environmental and social purposes needs to be recognised. The EESC encourages Member States to develop national Active Forest Strategies and update existing National forest programmes considering the principles and goals of the EU Forest Strategy.

| 4.5. | Currently the available forest resources in Europe regionally exceed their potential uses. However, there is a rising demand for biomass in the EU. Further afforestation needs to be promoted in order to ensure locally sufficient supply for energy needs, for wood-based industries and the bioeconomy in general. This would also encourage the use of residues and waste, such as branches, offcuts and low value round wood. However, more efficient use of biomass has to be highlighted, prioritising production of high-value goods and securing conditions for the use of these goods in energy production at the end of their lifespan. |
| --- | --- |

4.5.

Currently the available forest resources in Europe regionally exceed their potential uses. However, there is a rising demand for biomass in the EU. Further afforestation needs to be promoted in order to ensure locally sufficient supply for energy needs, for wood-based industries and the bioeconomy in general. This would also encourage the use of residues and waste, such as branches, offcuts and low value round wood. However, more efficient use of biomass has to be highlighted, prioritising production of high-value goods and securing conditions for the use of these goods in energy production at the end of their lifespan.

| 4.6. | Afforestation measures, where appropriate, have a very positive impact, not only on GHG emissions reduction, but also on enhancing biodiversity and reducing water scarcity. This way of development should also be considered in regions with water scarcity problems as a sustainable way of tackling the issue both economically and socially. Additional social benefits could be gained by urban forests and trees outside forests, such as on the verges of motorways. |
| --- | --- |

4.6.

Afforestation measures, where appropriate, have a very positive impact, not only on GHG emissions reduction, but also on enhancing biodiversity and reducing water scarcity. This way of development should also be considered in regions with water scarcity problems as a sustainable way of tackling the issue both economically and socially. Additional social benefits could be gained by urban forests and trees outside forests, such as on the verges of motorways.

| 4.7. | The development of sustainably produced biomass should take place within a clearly defined policy framework, respecting limits on production and use, social aspects and biodiversity. EU leadership is needed to ensure the further evolution of the bioeconomy in a way that can bring social, economic and environmental benefits. |
| --- | --- |

4.7.

The development of sustainably produced biomass should take place within a clearly defined policy framework, respecting limits on production and use, social aspects and biodiversity. EU leadership is needed to ensure the further evolution of the bioeconomy in a way that can bring social, economic and environmental benefits.

| 4.8. | Forests and wood products can store more CO2. Active forest management and increased use of wood products can increase the removal and storage of CO2. Additional substitution effects can be expected where wood products replace conventional products or materials. |
| --- | --- |

4.8.

Forests and wood products can store more CO2. Active forest management and increased use of wood products can increase the removal and storage of CO2. Additional substitution effects can be expected where wood products replace conventional products or materials.

| 4.9. | The EESC stresses the need for sustainable active forest management based on efficient utilisation of forest goods, as well as productivity and sustainability targeted forest regeneration. In addition, efficient, science-based, targeted measures such as drainage, regenerative felling, thinning, ash spreading and fertilisation of degraded soil should be considered, since they increase forest yields and the potential for CO2 removal. |
| --- | --- |

4.9.

The EESC stresses the need for sustainable active forest management based on efficient utilisation of forest goods, as well as productivity and sustainability targeted forest regeneration. In addition, efficient, science-based, targeted measures such as drainage, regenerative felling, thinning, ash spreading and fertilisation of degraded soil should be considered, since they increase forest yields and the potential for CO2 removal.

| 4.10. | There are considerable areas of productive forests where utilisation of biomass and further increase of the potential of CO2 removals is limited by the economic accessibility of these lands. Investment is needed to develop forest infrastructure and technologies to make these resources accessible. This could be done using EU funds supporting the cohesion objectives. |
| --- | --- |

4.10.

There are considerable areas of productive forests where utilisation of biomass and further increase of the potential of CO2 removals is limited by the economic accessibility of these lands. Investment is needed to develop forest infrastructure and technologies to make these resources accessible. This could be done using EU funds supporting the cohesion objectives.

| 4.11. | In the majority of EU Member States there are vast areas of land currently set aside, such as former pastures not suitable for cereals or similar crop production, as well as croplands, which are used extensively due to the deterioration of infrastructure and lack of investment for drainage systems and other environmental constraints. These lands, if supported by research and innovation, could be returned to the production of traditional agriculture, bioenergy crops or afforestation. |
| --- | --- |

4.11.

In the majority of EU Member States there are vast areas of land currently set aside, such as former pastures not suitable for cereals or similar crop production, as well as croplands, which are used extensively due to the deterioration of infrastructure and lack of investment for drainage systems and other environmental constraints. These lands, if supported by research and innovation, could be returned to the production of traditional agriculture, bioenergy crops or afforestation.

| 4.12. | The use of sustainably produced biomass for energy is an important contributor to the energy independence goals within the EU’s general energy policy. It will also have a very positive impact on the general trade balance, as it means that local biomass can be used instead of paying third countries for imported fossil fuels. |
| --- | --- |

4.12.

The use of sustainably produced biomass for energy is an important contributor to the energy independence goals within the EU’s general energy policy. It will also have a very positive impact on the general trade balance, as it means that local biomass can be used instead of paying third countries for imported fossil fuels.

| 4.13. | The EESC calls for further support for research and innovation in the forestry sector in order to identify and provide sustainable techniques and forest management methods, taking account of the challenges arising from climate change, environmental differences between European regions and the economic pressures the sector is facing in trying to maintain or increase its competitiveness. |
| --- | --- |

4.13.

The EESC calls for further support for research and innovation in the forestry sector in order to identify and provide sustainable techniques and forest management methods, taking account of the challenges arising from climate change, environmental differences between European regions and the economic pressures the sector is facing in trying to maintain or increase its competitiveness.

| 4.14. | The research and innovation projects in bioenergy should contribute to ensuring that the entire production chain is cost-effective, sustainable and economically viable without the need to rely on any European or national subsidies for bioenergy in the future. In order to provide a level playing field, any subsidies or other non-financial support for fossil energy should be phased out. |
| --- | --- |

4.14.

The research and innovation projects in bioenergy should contribute to ensuring that the entire production chain is cost-effective, sustainable and economically viable without the need to rely on any European or national subsidies for bioenergy in the future. In order to provide a level playing field, any subsidies or other non-financial support for fossil energy should be phased out.

| 4.15. | The EESC welcomes the cross-sectorial approach taken by the Commission in supporting the bio-economy in general and calls for further cooperation amongst the Commission Directorates General (DGs) on promoting sustainably produced biomass. |
| --- | --- |

4.15.

The EESC welcomes the cross-sectorial approach taken by the Commission in supporting the bio-economy in general and calls for further cooperation amongst the Commission Directorates General (DGs) on promoting sustainably produced biomass.

| 4.16. | The EESC stresses that the use of new information and communications technologies (ICT) and existing Commission programmes, such as Galileo, for the forestry and agricultural sectors are helping to improve sustainable production techniques for raw materials in the EU. The EESC calls for further research and development in this field. |
| --- | --- |

4.16.

The EESC stresses that the use of new information and communications technologies (ICT) and existing Commission programmes, such as Galileo, for the forestry and agricultural sectors are helping to improve sustainable production techniques for raw materials in the EU. The EESC calls for further research and development in this field.

| 4.17. | The European Commission has a role to play in promoting and encouraging a coherent approach between responsible authorities in the Member States in order to successfully implement programmes at national level. |
| --- | --- |

4.17.

The European Commission has a role to play in promoting and encouraging a coherent approach between responsible authorities in the Member States in order to successfully implement programmes at national level.

| 4.18. | The EESC is aware that more than EUR 220 million was available to fund projects in sustainable agriculture and forestry under the EU’s 7th research framework programme (FP7). It calls for the Horizon 2020 research and innovation framework programme to be even more ambitious. The EESC highlights the fact that the final success of research will depend on the effective dissemination of research projects’ results to the end users in agricultural and forestry sectors. |
| --- | --- |

4.18.

The EESC is aware that more than EUR 220 million was available to fund projects in sustainable agriculture and forestry under the EU’s 7th research framework programme (FP7). It calls for the Horizon 2020 research and innovation framework programme to be even more ambitious. The EESC highlights the fact that the final success of research will depend on the effective dissemination of research projects’ results to the end users in agricultural and forestry sectors.

| 4.19. | The EESC stresses that most sustainable use of biomass is local. However, it acknowledges that the current bioenergy market is international. The specific situation of countries with oversupply of biomass should be recognised since the production of biomass results in emissions from the LULUCF sectors in exporting countries and in a reduction of emissions in the energy sector in importing countries. When deciding on the emission targets from EU LULUCF, specific compensation instruments are needed for the exporting countries. |
| --- | --- |

4.19.

The EESC stresses that most sustainable use of biomass is local. However, it acknowledges that the current bioenergy market is international. The specific situation of countries with oversupply of biomass should be recognised since the production of biomass results in emissions from the LULUCF sectors in exporting countries and in a reduction of emissions in the energy sector in importing countries. When deciding on the emission targets from EU LULUCF, specific compensation instruments are needed for the exporting countries.

5.   Social aspects

| 5.1. | The development of rural areas in the European Union is heavily dependent on the viability of the agricultural and forestry sectors. The EESC stresses that the increased use of sustainable biomass and sustainably intensified agriculture, especially animal husbandry, should have a very positive primary impact on rural communities in terms of the creation of new jobs and revenue generation. |
| --- | --- |

5.1.

The development of rural areas in the European Union is heavily dependent on the viability of the agricultural and forestry sectors. The EESC stresses that the increased use of sustainable biomass and sustainably intensified agriculture, especially animal husbandry, should have a very positive primary impact on rural communities in terms of the creation of new jobs and revenue generation.

| 5.2. | The EESC stresses that further processing of raw biomass or agricultural products to create high-value products should also be promoted locally, since it has a very positive secondary impact on jobs and revenue generation in rural areas. The EESC welcomes the Commission’s work so far on research and innovation aimed at finding new ways of getting better value from biomass and agricultural products. The EESC calls for an even more ambitious investment programme in order to achieve EU leadership in this field globally. |
| --- | --- |

5.2.

The EESC stresses that further processing of raw biomass or agricultural products to create high-value products should also be promoted locally, since it has a very positive secondary impact on jobs and revenue generation in rural areas. The EESC welcomes the Commission’s work so far on research and innovation aimed at finding new ways of getting better value from biomass and agricultural products. The EESC calls for an even more ambitious investment programme in order to achieve EU leadership in this field globally.

| 5.3. | The EESC notes that solar and wind power energy generation offer new and sustainable opportunities for rural areas. The costs of such schemes continue to fall and their efficiency to increase, but in order to encourage such means of energy production in rural areas, farmers and rural communities should be incentivised. Decentralised schemes enable individuals and communities to share the costs and benefits of renewables and to identify opportunities for better matching supply and demand. |
| --- | --- |

5.3.

The EESC notes that solar and wind power energy generation offer new and sustainable opportunities for rural areas. The costs of such schemes continue to fall and their efficiency to increase, but in order to encourage such means of energy production in rural areas, farmers and rural communities should be incentivised. Decentralised schemes enable individuals and communities to share the costs and benefits of renewables and to identify opportunities for better matching supply and demand.

| 5.4. | Supplementary revenue from sustainably intensified agriculture, further processing of raw materials, biomass production and further processing, as well as renewable power generation, could provide a stable additional high income for farmers, forest owners and rural communities. It will also encourage — and could be the source of — further public or private investment in the infrastructure in rural areas. |
| --- | --- |

5.4.

Supplementary revenue from sustainably intensified agriculture, further processing of raw materials, biomass production and further processing, as well as renewable power generation, could provide a stable additional high income for farmers, forest owners and rural communities. It will also encourage — and could be the source of — further public or private investment in the infrastructure in rural areas.

| 5.5. | The EESC stresses that further development of the bioeconomy in general could provide high-quality employment opportunities and thus incentivise people to stay in, or move to, rural areas, thus tackling the problem of depopulation of such areas, which is a major challenge in the EU. |
| --- | --- |

5.5.

The EESC stresses that further development of the bioeconomy in general could provide high-quality employment opportunities and thus incentivise people to stay in, or move to, rural areas, thus tackling the problem of depopulation of such areas, which is a major challenge in the EU.

| 5.6. | Territorial and social cohesion should be the key objective for all EU policies and all measures, including those resulting from the EU energy and climate policy framework, should help contribute to it. |
| --- | --- |

5.6.

Territorial and social cohesion should be the key objective for all EU policies and all measures, including those resulting from the EU energy and climate policy framework, should help contribute to it.

| 5.7. | Biodiversity is likely to be deeply affected by the direct and indirect impacts of climate change. However, biodiversity also has an important role in climate change adaptation and mitigation. The EESC highlights the importance of the natural areas and protected nature parks in enhancing biodiversity and stresses the role of existing environmental protection instruments, such as LIFE and Natura 2000. These areas play an important role for the agricultural and forestry sectors and have significant social benefits. |
| --- | --- |

5.7.

Biodiversity is likely to be deeply affected by the direct and indirect impacts of climate change. However, biodiversity also has an important role in climate change adaptation and mitigation. The EESC highlights the importance of the natural areas and protected nature parks in enhancing biodiversity and stresses the role of existing environmental protection instruments, such as LIFE and Natura 2000. These areas play an important role for the agricultural and forestry sectors and have significant social benefits.

| 5.8. | The EESC notes that many forest owners in Europe do not manage their forests properly due to a lack of knowledge or resources and stresses that cooperation could allow for more efficient and better management of such land. |
| --- | --- |

5.8.

The EESC notes that many forest owners in Europe do not manage their forests properly due to a lack of knowledge or resources and stresses that cooperation could allow for more efficient and better management of such land.

| 5.9. | Education and technical support for farmers and forest owners should be a priority both for the EU and national institutions. Innovation, sustainable farming and forestry models arising from the EU-funded research and development projects funds should be widely promoted by national knowledge centres and advisory bodies. |
| --- | --- |

5.9.

Education and technical support for farmers and forest owners should be a priority both for the EU and national institutions. Innovation, sustainable farming and forestry models arising from the EU-funded research and development projects funds should be widely promoted by national knowledge centres and advisory bodies.

| 5.10. | Simple implementation tools should be in place for accounting GHG emissions in the agricultural and forestry sectors. They should be based on knowledge and scientific assumptions. The requirements of the EU energy and climate 2030 policy framework should not lead to overregulation of the agricultural and forestry sectors or to unnecessary burdens on farmers or forest owners and should respect the principle that farmers and forest owners have their day jobs and limited resources for administration. |
| --- | --- |

5.10.

Simple implementation tools should be in place for accounting GHG emissions in the agricultural and forestry sectors. They should be based on knowledge and scientific assumptions. The requirements of the EU energy and climate 2030 policy framework should not lead to overregulation of the agricultural and forestry sectors or to unnecessary burdens on farmers or forest owners and should respect the principle that farmers and forest owners have their day jobs and limited resources for administration.

Brussels, 22 April 2015.

The President of the European Economic and Social Committee

Henri MALOSSE

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(1)  Directives: 2009/28/EC, 2009/29/EC, 2009/31/EC and Decision 406/2009/EC.

1

(2)  COM(2014) 15 final.

2

(3)  EUCO 169/14, point 2.14, p. 5.

3

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| 4.9.2015 | EN | Official Journal of the European Union | C 291/8 |
| --- | --- | --- | --- |

4.9.2015

EN

Official Journal of the European Union

C 291/8

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Opinion of the European Economic and Social Committee on the development of the governance system proposed in the context of the 2030 climate and energy framework

(exploratory opinion requested by the European Commission)

(2015/C 291/02)

| Rapporteur: | Richard ADAMS |
| --- | --- |
| Co-rapporteur: | Ulla SIRKEINEN |

Rapporteur:

Richard ADAMS

Co-rapporteur:

Ulla SIRKEINEN

On 16 January 2015, the European Commission decided to consult the European Economic and Social Committee, under Article 304 of the Treaty on the Functioning of the European Union, on

The development of the governance system proposed in the context of the 2030 climate and energy framework

(exploratory opinion).

The Section for Transport, Energy, Infrastructure and the Information Society, which was responsible for preparing the Committee’s work on the subject, adopted its opinion on 8 April 2015.

At its 507th plenary session, held on 22 and 23 April 2015 (meeting of 23 April), the European Economic and Social Committee adopted the following opinion by 152 votes to 6 with 5 abstentions.

1.   Conclusions and recommendations

| 1.1. | The EU Climate and Energy Framework is based on substantial previous legislation, some of it incompletely transposed and ineffectively implemented. Bringing the Energy Union into being will require yet further legislation and, in particular, rigorous implementation of it. A robust governance framework is vital. Legislation is just the beginning — governance is the key to achievement. Implementation of policy requires commitment, involvement, engagement and goodwill from all stakeholders. The most effective type of governance is where agreeing methods for determining and implementing the objective is seen as a joint enterprise involving all stakeholders. The EESC therefore makes the following recommendations:






  — | A structured all-stakeholder dialogue must be linked to the governance process if societal blockages to regulatory and policy measures are to be reduced, and changes in behaviour and attitudes by citizens are to be supported. |
| --- | --- | --- |

1.1.

The EU Climate and Energy Framework is based on substantial previous legislation, some of it incompletely transposed and ineffectively implemented. Bringing the Energy Union into being will require yet further legislation and, in particular, rigorous implementation of it. A robust governance framework is vital. Legislation is just the beginning — governance is the key to achievement. Implementation of policy requires commitment, involvement, engagement and goodwill from all stakeholders. The most effective type of governance is where agreeing methods for determining and implementing the objective is seen as a joint enterprise involving all stakeholders. The EESC therefore makes the following recommendations:

—

A structured all-stakeholder dialogue must be linked to the governance process if societal blockages to regulatory and policy measures are to be reduced, and changes in behaviour and attitudes by citizens are to be supported.

| — | A clear political lead to establish and participate in a comprehensive dialogue between the stakeholders concerned and engagement on energy transition issues (for example climate, social justice and security) by the legislative institutions of the EU should be articulated and developed as a matching and supporting process alongside the Energy Union and Europe’s efforts to combat climate change. |
| --- | --- |

—

A clear political lead to establish and participate in a comprehensive dialogue between the stakeholders concerned and engagement on energy transition issues (for example climate, social justice and security) by the legislative institutions of the EU should be articulated and developed as a matching and supporting process alongside the Energy Union and Europe’s efforts to combat climate change.

| — | A dialogue with the social partners to ensure an energy transition that combines an environmental dimension with social concerns. |
| --- | --- |

—

A dialogue with the social partners to ensure an energy transition that combines an environmental dimension with social concerns.

| — | Primarily this should take the form of an independent and trusted European Energy Dialogue enabling a balanced representation of all stakeholders to exchange information, express views and influence policy-making on energy issues and consequently engage actively in the energy transition. |
| --- | --- |

—

Primarily this should take the form of an independent and trusted European Energy Dialogue enabling a balanced representation of all stakeholders to exchange information, express views and influence policy-making on energy issues and consequently engage actively in the energy transition.

| — | Specifically, we urge the European Council and Parliament in their consideration of the Energy Union Package to adopt, as action points, the measures set out in section six of this Opinion on the implementation of a European Energy Dialogue to support the governance process. |
| --- | --- |

—

Specifically, we urge the European Council and Parliament in their consideration of the Energy Union Package to adopt, as action points, the measures set out in section six of this Opinion on the implementation of a European Energy Dialogue to support the governance process.

| — | This dialogue will take place within a specific structure enabling all stakeholders to participate. |
| --- | --- |

—

This dialogue will take place within a specific structure enabling all stakeholders to participate.

2.   Introduction

| 2.1. | The development of an Energy Union in the EU and the importance of the Climate Agreement talks in Paris at the end of 2015 demand effective governance mechanisms relating to energy transition. Following the Commission’s Communication on the 2030 Framework for Climate and Energy the European Council approved it and also agreed upon the development of a reliable and transparent governance system to help ensure that the EU meets its energy policy goals. The 2030 Framework proposed a new governance framework based on national plans for secure, sustainable and competitive energy as well as a set of key indicators to assess progress over time. Such a framework should allow the attainment of the 2030 targets and facilitate coherence at EU level, while offering flexibility at a national level. A strong governance process would also provide an encouraging model and example in the context of global climate negotiations. |
| --- | --- |

2.1.

The development of an Energy Union in the EU and the importance of the Climate Agreement talks in Paris at the end of 2015 demand effective governance mechanisms relating to energy transition. Following the Commission’s Communication on the 2030 Framework for Climate and Energy the European Council approved it and also agreed upon the development of a reliable and transparent governance system to help ensure that the EU meets its energy policy goals. The 2030 Framework proposed a new governance framework based on national plans for secure, sustainable and competitive energy as well as a set of key indicators to assess progress over time. Such a framework should allow the attainment of the 2030 targets and facilitate coherence at EU level, while offering flexibility at a national level. A strong governance process would also provide an encouraging model and example in the context of global climate negotiations.

| 2.2. | The need for effective governance cannot be stressed too strongly. The failure to achieve the deadlines of the third energy package, designed to complete a strong, single energy market in the EU, can largely be attributed to weaknesses in governance. National interests have prevailed when not aligned with demands that will strengthen the EU as a whole. A new governance process must overcome this. |
| --- | --- |

2.2.

The need for effective governance cannot be stressed too strongly. The failure to achieve the deadlines of the third energy package, designed to complete a strong, single energy market in the EU, can largely be attributed to weaknesses in governance. National interests have prevailed when not aligned with demands that will strengthen the EU as a whole. A new governance process must overcome this.

| 2.3. | Initially national objectives should be defined and an iterative process is suggested, both for internal development of such plans and for coordination into a coherent EU framework which meets agreed EU targets. Three steps are foreseen:






  (1) | The Commission will develop guidelines on governance and national plans. |
| --- | --- | --- |

2.3.

Initially national objectives should be defined and an iterative process is suggested, both for internal development of such plans and for coordination into a coherent EU framework which meets agreed EU targets. Three steps are foreseen:

(1)

The Commission will develop guidelines on governance and national plans.

| (2) | Member States will submit their National Plans based on an iterative process with the Commission and in consultation with neighbouring countries. |
| --- | --- |

(2)

Member States will submit their National Plans based on an iterative process with the Commission and in consultation with neighbouring countries.

| (3) | This will be followed by Commission assessment of the adequacy of national plans to deliver targets with the implication of negotiated adjustments through a continuing process until this is achieved. A possibility of a legislated governance structure would be held in reserve should the voluntary approach fail. |
| --- | --- |

(3)

This will be followed by Commission assessment of the adequacy of national plans to deliver targets with the implication of negotiated adjustments through a continuing process until this is achieved. A possibility of a legislated governance structure would be held in reserve should the voluntary approach fail.

| 2.4. | The European Commission has extensive experience of framing and implementing governance structures, experience which it is applying to this set of policy issues. This opinion supports the approach set out above but it will need to be pursued with rigour and conviction, with short timescales for the iterative process and incisive and fearless analysis shaping annual reports. As mentioned in its Opinion on the policy framework for climate and energy in the period from 2020 to 2030 (1), the EESC emphasises its call on Member States to respond positively to an effective and strong governance procedure and to determine with the Commission and civil society how it can be fully implemented. |
| --- | --- |

2.4.

The European Commission has extensive experience of framing and implementing governance structures, experience which it is applying to this set of policy issues. This opinion supports the approach set out above but it will need to be pursued with rigour and conviction, with short timescales for the iterative process and incisive and fearless analysis shaping annual reports. As mentioned in its Opinion on the policy framework for climate and energy in the period from 2020 to 2030 (1), the EESC emphasises its call on Member States to respond positively to an effective and strong governance procedure and to determine with the Commission and civil society how it can be fully implemented.

| 2.5. | The EESC believes this framework should be enabled and reinforced by generating and harnessing widespread support from stakeholders, including social partners — employers and trade unions — through a structured European Energy Dialogue. |
| --- | --- |

2.5.

The EESC believes this framework should be enabled and reinforced by generating and harnessing widespread support from stakeholders, including social partners — employers and trade unions — through a structured European Energy Dialogue.

3.   The nature of the governance process

| 3.1. | The governance process must be consistent with the legal framework within which it operates. The legal framework sets out the objectives and methods of achieving the targets and must lead to long term policy certainty and continuity, particularly for investments, training and jobs. It should also provide relevant corresponding indicators. The governance process, which should be comprehensive and inclusive of all energy related legislation, must be able to resolve matters which are both complex and where differences of viewpoint and conflicting interests exist. Governance should support and supplement the decision-making process while offering flexibility to deal with potentially rapid changes. In essence governance should also be responsive to societal perceptions, technology, geo-politics and the market. |
| --- | --- |

3.1.

The governance process must be consistent with the legal framework within which it operates. The legal framework sets out the objectives and methods of achieving the targets and must lead to long term policy certainty and continuity, particularly for investments, training and jobs. It should also provide relevant corresponding indicators. The governance process, which should be comprehensive and inclusive of all energy related legislation, must be able to resolve matters which are both complex and where differences of viewpoint and conflicting interests exist. Governance should support and supplement the decision-making process while offering flexibility to deal with potentially rapid changes. In essence governance should also be responsive to societal perceptions, technology, geo-politics and the market.

| 3.2. | The governance system must also allow for an on-going, balanced and representative expression of views, preferences, perceptions and values and a way for these to continuously inform decisions and fine-tune policy. Governance must facilitate adaptability, not through frequent changes of course but through anticipating areas of difference and creating a consistent and inclusive dynamic. |
| --- | --- |

3.2.

The governance system must also allow for an on-going, balanced and representative expression of views, preferences, perceptions and values and a way for these to continuously inform decisions and fine-tune policy. Governance must facilitate adaptability, not through frequent changes of course but through anticipating areas of difference and creating a consistent and inclusive dynamic.

| 3.3. | These are demanding requirements and growing scepticism about the capacity of the EU to deliver equitable and effective energy transition has to be answered. Therefore the governance process itself requires a clear framework, accepted by the participants. The EESC is of the view that a conventional governance process will not be capable of delivering the above mentioned objectives without the involvement and support of civil society across Europe. This is recognised in the vision for the Energy Union: ‘Most importantly our vision is of an Energy Union with citizens at its core, where citizens take ownership of the energy transition’
   (2). Therefore the development of a reliable and transparent delivery mechanism for the energy and climate objectives and the Energy Union should take place in parallel with a multilevel dialogue-based process centred around informing and involving all stakeholders. This is vital and, in order to be fair, the energy transition must take into account changes in the world of work and avoid negative social repercussions. |
| --- | --- |

3.3.

These are demanding requirements and growing scepticism about the capacity of the EU to deliver equitable and effective energy transition has to be answered. Therefore the governance process itself requires a clear framework, accepted by the participants. The EESC is of the view that a conventional governance process will not be capable of delivering the above mentioned objectives without the involvement and support of civil society across Europe. This is recognised in the vision for the Energy Union: ‘Most importantly our vision is of an Energy Union with citizens at its core, where citizens take ownership of the energy transition’
   (2). Therefore the development of a reliable and transparent delivery mechanism for the energy and climate objectives and the Energy Union should take place in parallel with a multilevel dialogue-based process centred around informing and involving all stakeholders. This is vital and, in order to be fair, the energy transition must take into account changes in the world of work and avoid negative social repercussions.

| 3.4. | For the EESC governance does not mean an increase in bureaucracy but the adoption of a vigorous principles-based, policy centred approach aiming at the achievement of the agreed EU targets. Governance should permeate all levels and benefit from the integration of specialist and everyday knowledge. The EU is founded on values of peace, democracy, human dignity, pluralism, tolerance, and solidarity. These values which need to be translated into clear ethics principles, provide the foundation for assessing the critical issues in energy transition and can provide a universal basis for agreement. The challenge is to render these principles into an enforceable, efficient process which takes into account the expectations of society. |
| --- | --- |

3.4.

For the EESC governance does not mean an increase in bureaucracy but the adoption of a vigorous principles-based, policy centred approach aiming at the achievement of the agreed EU targets. Governance should permeate all levels and benefit from the integration of specialist and everyday knowledge. The EU is founded on values of peace, democracy, human dignity, pluralism, tolerance, and solidarity. These values which need to be translated into clear ethics principles, provide the foundation for assessing the critical issues in energy transition and can provide a universal basis for agreement. The challenge is to render these principles into an enforceable, efficient process which takes into account the expectations of society.

| 3.5. | The EESC believes that the underlying societal values related to energy production and use require more emphasis in this governance process. When citizens feel their values and views are being recognised and debated in a forum that incorporates a fully European perspective it will add significant benefit, enable greater policy coherence and develop greater trust whilst cushioning against unforeseen policy change. The dialogue would identify those factors underlying the decisions taken by a country on energy transition. These are often derived from that society’s value judgments, for example, on the environment, over and above technical and economic considerations. In these circumstances, particularly as national, regional, local and personal views about energy will vary, an appeal to a consistent, common or European, perspective can reach beyond a tendency to personal, local, short-term or national interest. |
| --- | --- |

3.5.

The EESC believes that the underlying societal values related to energy production and use require more emphasis in this governance process. When citizens feel their values and views are being recognised and debated in a forum that incorporates a fully European perspective it will add significant benefit, enable greater policy coherence and develop greater trust whilst cushioning against unforeseen policy change. The dialogue would identify those factors underlying the decisions taken by a country on energy transition. These are often derived from that society’s value judgments, for example, on the environment, over and above technical and economic considerations. In these circumstances, particularly as national, regional, local and personal views about energy will vary, an appeal to a consistent, common or European, perspective can reach beyond a tendency to personal, local, short-term or national interest.

| 3.6. | Specifically, a multi-level dialogue involves communicating these principles to all stakeholders and establishing a framework within which they can be discussed and issues resolved, where possible, at the local, regional, national and neighbouring country level. It is not a decision-making process, though decision makers must listen and be open to contributions and the participants should understand this. |
| --- | --- |

3.6.

Specifically, a multi-level dialogue involves communicating these principles to all stakeholders and establishing a framework within which they can be discussed and issues resolved, where possible, at the local, regional, national and neighbouring country level. It is not a decision-making process, though decision makers must listen and be open to contributions and the participants should understand this.

4.   Multilevel dialogue as an essential governance element

| 4.1. | EU and national energy policies have a direct and significant, impact on the lives of citizens. However, the content and rationale of these policies is often not clear to the general public and can be misunderstood by civil society. This leads to generally weak public support or misconceptions involving essential aspects of future EU development. Detrimental consequences follow and there are many instances of not informing and involving civil society in both national and EU energy policy which leads to a general lack of trust and to policies not always achieving desired results. |
| --- | --- |

4.1.

EU and national energy policies have a direct and significant, impact on the lives of citizens. However, the content and rationale of these policies is often not clear to the general public and can be misunderstood by civil society. This leads to generally weak public support or misconceptions involving essential aspects of future EU development. Detrimental consequences follow and there are many instances of not informing and involving civil society in both national and EU energy policy which leads to a general lack of trust and to policies not always achieving desired results.

| 4.2. | To ensure this is an inclusive process, citizens, civil society organisations, national and local authorities and all types of energy organisations need to participate, through dialogue, in assisting the proposed governance mechanism. This will combine regional, national and European perspectives with a view to bringing operational added-value to policy making and implementation: actions must be carried out at national/regional level but take account of the broader (European) picture. |
| --- | --- |

4.2.

To ensure this is an inclusive process, citizens, civil society organisations, national and local authorities and all types of energy organisations need to participate, through dialogue, in assisting the proposed governance mechanism. This will combine regional, national and European perspectives with a view to bringing operational added-value to policy making and implementation: actions must be carried out at national/regional level but take account of the broader (European) picture.

| 4.3. | This dialogue process will focus on energy as a critical component in achieving a just and sustainable transition and the delivery of a climate-friendly policy. It must recognise the needs of the disadvantaged and the wide range of social and environmental concerns connected with energy. The European Energy Dialogue EED including the climate questions, will formulate a voluntary approach and an understanding — defined as a social contract on energy — which can be used by decision-makers as a substantive socially relevant framework. The continuing dialogue will be active in stakeholder and citizen implementation of the practical measures. In the short term, for reasons of efficiency and the need to meet the requirements of the governance process, the EED should concentrate on policy initiatives with substantial acceptability and ownership issues. |
| --- | --- |

4.3.

This dialogue process will focus on energy as a critical component in achieving a just and sustainable transition and the delivery of a climate-friendly policy. It must recognise the needs of the disadvantaged and the wide range of social and environmental concerns connected with energy. The European Energy Dialogue EED including the climate questions, will formulate a voluntary approach and an understanding — defined as a social contract on energy — which can be used by decision-makers as a substantive socially relevant framework. The continuing dialogue will be active in stakeholder and citizen implementation of the practical measures. In the short term, for reasons of efficiency and the need to meet the requirements of the governance process, the EED should concentrate on policy initiatives with substantial acceptability and ownership issues.

| 4.4. | Such a process will also enable greater coherence of policy and consolidation of knowledge in specific areas — for example the special needs of islands and energy relationships with non-EU countries. |
| --- | --- |

4.4.

Such a process will also enable greater coherence of policy and consolidation of knowledge in specific areas — for example the special needs of islands and energy relationships with non-EU countries.

5.   Close linkage with the governance process

| 5.1. | Overall, the climate and energy framework is defined as being target-driven. It implies a reorientation by Member States of their energy mix and energy efficiency strategies in a way that retains national sovereignty whilst also being complementary with neighbours and converging on agreed EU-level objectives. The outline governance structure (see 2.3) consists of a general guideline framework being proposed by the Commission followed by regional discussions, submission, assessment and review of national programmes and continuing adjustment until a satisfactory conclusion is reached. |
| --- | --- |

5.1.

Overall, the climate and energy framework is defined as being target-driven. It implies a reorientation by Member States of their energy mix and energy efficiency strategies in a way that retains national sovereignty whilst also being complementary with neighbours and converging on agreed EU-level objectives. The outline governance structure (see 2.3) consists of a general guideline framework being proposed by the Commission followed by regional discussions, submission, assessment and review of national programmes and continuing adjustment until a satisfactory conclusion is reached.

| 5.2. | The EESC strongly supports this approach believing it to be consistent with the urgent need to provide a securer, more competitive and greener energy provision to all in Europe. The governance structure should also help minimise reporting requirements and reduce related bureaucracy. It should take due account of the very relevant and increasing regional, cross-border features of energy activities. However, the effectiveness of such an approach will require cohesive political will and this must be built by the convergence of citizens’ attitudes across all 28 Member States. |
| --- | --- |

5.2.

The EESC strongly supports this approach believing it to be consistent with the urgent need to provide a securer, more competitive and greener energy provision to all in Europe. The governance structure should also help minimise reporting requirements and reduce related bureaucracy. It should take due account of the very relevant and increasing regional, cross-border features of energy activities. However, the effectiveness of such an approach will require cohesive political will and this must be built by the convergence of citizens’ attitudes across all 28 Member States.

| 5.3. | The EESC sees the EED as playing a formative role throughout this process and continuing in terms of implementation and stakeholder support once agreement is reached. No time should therefore be lost in establishing, through a strong political lead, the EED as a linked foundational process, especially as national plans are anticipated as being agreed and in operation before 2020. The Committee had previously recommended the inclusion of the energy dialogue in the Communication on the Energy Union and is encouraged that this has been included: ‘involve an energy dialogue with stakeholders to inform policy-making and support active engagement in managing the energy transition’
   (3). It notes that there is still no identification of a specific action point in relation to governance that would provide the necessary endorsement to build the supporting structures of the EED and urges that this be remedied by the Council and Parliament adopting the measures on dialogue proposed in section 6 of this Opinion. |
| --- | --- |

5.3.

The EESC sees the EED as playing a formative role throughout this process and continuing in terms of implementation and stakeholder support once agreement is reached. No time should therefore be lost in establishing, through a strong political lead, the EED as a linked foundational process, especially as national plans are anticipated as being agreed and in operation before 2020. The Committee had previously recommended the inclusion of the energy dialogue in the Communication on the Energy Union and is encouraged that this has been included: ‘involve an energy dialogue with stakeholders to inform policy-making and support active engagement in managing the energy transition’
   (3). It notes that there is still no identification of a specific action point in relation to governance that would provide the necessary endorsement to build the supporting structures of the EED and urges that this be remedied by the Council and Parliament adopting the measures on dialogue proposed in section 6 of this Opinion.

| 5.4. | A governance process lies at the interface between policy and implementation. In the case of energy it has to facilitate solutions on the wide range of trade-offs and compromises that, in real life, will be necessary. The Committee sees its proposed European Energy Dialogue as a vital lubricant in this process. The energy transition involves movement, change and, inevitably, a certain amount of friction. The EED can reduce friction between stakeholders at all levels and between Member States. |
| --- | --- |

5.4.

A governance process lies at the interface between policy and implementation. In the case of energy it has to facilitate solutions on the wide range of trade-offs and compromises that, in real life, will be necessary. The Committee sees its proposed European Energy Dialogue as a vital lubricant in this process. The energy transition involves movement, change and, inevitably, a certain amount of friction. The EED can reduce friction between stakeholders at all levels and between Member States.

| 5.5. | The European Energy Dialogue (EED) will be a process supporting the implementation of the Energy Union objectives by enabling all stakeholders to exchange information, express views and influence policy-making on energy issues. The EED will foster understanding of the necessary trade-offs, ownership of the vision, contribution to and acceptance of the solutions, and ultimately behavioural change in support of the policy measures underpinning the Energy Union. A broad EED will allow for national energy preferences to be better conveyed and taken into account at EU level and be of benefit for decision makers.
  The EED will bring about:






  — | a better understanding of policy formulation and implementation of the Energy Union, contributing to the visibility, acceptance and success of this key priority of the Commission; |
| --- | --- | --- |

5.5.

The European Energy Dialogue (EED) will be a process supporting the implementation of the Energy Union objectives by enabling all stakeholders to exchange information, express views and influence policy-making on energy issues. The EED will foster understanding of the necessary trade-offs, ownership of the vision, contribution to and acceptance of the solutions, and ultimately behavioural change in support of the policy measures underpinning the Energy Union. A broad EED will allow for national energy preferences to be better conveyed and taken into account at EU level and be of benefit for decision makers.

The EED will bring about:

—

a better understanding of policy formulation and implementation of the Energy Union, contributing to the visibility, acceptance and success of this key priority of the Commission;

| — | an informed view of the public, providing more political certainty, and the evidence of an open, focused and results-oriented process. This informed view will result from the practical combination of the European-wide interactive EED conversation and everyday knowledge; |
| --- | --- |

—

an informed view of the public, providing more political certainty, and the evidence of an open, focused and results-oriented process. This informed view will result from the practical combination of the European-wide interactive EED conversation and everyday knowledge;

| — | a better understanding by energy users of their role and measures available to them for enhancing their energy economy, leading to more consumer engagement, the basis for a renewed and positive relationship with energy suppliers; |
| --- | --- |

—

a better understanding by energy users of their role and measures available to them for enhancing their energy economy, leading to more consumer engagement, the basis for a renewed and positive relationship with energy suppliers;

| — | a ‘neutral conversation space’, fostering trust and legitimacy through framing and facilitating discussion rather than through suggesting a predetermined conclusion. |
| --- | --- |

—

a ‘neutral conversation space’, fostering trust and legitimacy through framing and facilitating discussion rather than through suggesting a predetermined conclusion.

6.   Possible implementation path

| 6.1. | As with the formal governance process the EED, though pan-European in nature, will need establishing in each MS, recognising existing national energy dialogue initiatives but incorporating as targets the objectives of the climate and energy framework. Where national energy dialogues are already taking place integration with the EED would be mutually beneficial and provide a structured but more flexible mechanism that will support the Commission reviewing the elements of the national plan and offer a focus for informing consumers, helping energy suppliers to engage and build trust and providing a channel for the many concerns of different groups about energy security, affordability and sustainability. In summary the following steps would be necessary:






  — | Substantial funding and resources for the EED will be required. The mechanism will be put in place for establishing an independent and non-biased funding pool drawn primarily from stakeholders throughout the energy production and supply chain, supplemented by appropriate EU and MS government support. Overall the EED will be a highly cost effective way of engaging consumers of all types in energy modulation and recognising and stimulating the contribution of ‘prosumers’. |
| --- | --- | --- |

6.1.

As with the formal governance process the EED, though pan-European in nature, will need establishing in each MS, recognising existing national energy dialogue initiatives but incorporating as targets the objectives of the climate and energy framework. Where national energy dialogues are already taking place integration with the EED would be mutually beneficial and provide a structured but more flexible mechanism that will support the Commission reviewing the elements of the national plan and offer a focus for informing consumers, helping energy suppliers to engage and build trust and providing a channel for the many concerns of different groups about energy security, affordability and sustainability. In summary the following steps would be necessary:

—

Substantial funding and resources for the EED will be required. The mechanism will be put in place for establishing an independent and non-biased funding pool drawn primarily from stakeholders throughout the energy production and supply chain, supplemented by appropriate EU and MS government support. Overall the EED will be a highly cost effective way of engaging consumers of all types in energy modulation and recognising and stimulating the contribution of ‘prosumers’.

| — | While the Commission should provide clear guidance on the structure of the national plans, on the possibility of updates/revisions, on reporting obligations and on the enforceability of national plans, the EED, in consultation with the Commission and all key stakeholders, will develop guidelines on establishing national energy dialogues. |
| --- | --- |

—

While the Commission should provide clear guidance on the structure of the national plans, on the possibility of updates/revisions, on reporting obligations and on the enforceability of national plans, the EED, in consultation with the Commission and all key stakeholders, will develop guidelines on establishing national energy dialogues.

| — | A fully independent coordinating EED structure will be established to encourage action and implementation in each MS. This structure should contribute, inter alia, to the necessary review by the Commission of the content and ambition of national plans as well as their implementation. This will emphasise the contribution that stakeholders can make to policy formation. |
| --- | --- |

—

A fully independent coordinating EED structure will be established to encourage action and implementation in each MS. This structure should contribute, inter alia, to the necessary review by the Commission of the content and ambition of national plans as well as their implementation. This will emphasise the contribution that stakeholders can make to policy formation.

| — | A national 12 month stakeholder engagement and support process in each MS will lead to an involvement and dialogue programme being established with the debate on the priorities of the national plan being a primary topic. Such a process should also look at ensuring the predictability and stability of national plans. |
| --- | --- |

—

A national 12 month stakeholder engagement and support process in each MS will lead to an involvement and dialogue programme being established with the debate on the priorities of the national plan being a primary topic. Such a process should also look at ensuring the predictability and stability of national plans.

| — | National plan debate and regional discussions with neighbouring national EED groups will take place. Member States’ national plans should provide an account of consultations with neighbouring Member States, inter alia, within the EED, and the resulting areas of regional cooperation. |
| --- | --- |

—

National plan debate and regional discussions with neighbouring national EED groups will take place. Member States’ national plans should provide an account of consultations with neighbouring Member States, inter alia, within the EED, and the resulting areas of regional cooperation.

| — | EU level discussions between all energy dialogue groups will follow. These discussions, channelled through the independent coordinating structure, should have advisory status with EU institutions and enhance the cost-effectiveness of the policies of the EU and MS. |
| --- | --- |

—

EU level discussions between all energy dialogue groups will follow. These discussions, channelled through the independent coordinating structure, should have advisory status with EU institutions and enhance the cost-effectiveness of the policies of the EU and MS.

| — | Full use will be made of online tools, for example those developed by DG CONNECT, to support policy evolution through participation and engagement. |
| --- | --- |

—

Full use will be made of online tools, for example those developed by DG CONNECT, to support policy evolution through participation and engagement.

| 6.2. | A more detailed outline of the EED was adopted by the EESC in its Opinion on Needs and methods of public involvement in the energy policy field
   (4). The EED is envisaged as permanent ‘dialogue’, more fully described as an independent, all-stakeholder process using best engagement practice with a trusted and continuing role in implementing the energy transition. The EESC is fully committed to this initiative and will take a lead and, alongside others, provide active support. |
| --- | --- |

6.2.

A more detailed outline of the EED was adopted by the EESC in its Opinion on Needs and methods of public involvement in the energy policy field
   (4). The EED is envisaged as permanent ‘dialogue’, more fully described as an independent, all-stakeholder process using best engagement practice with a trusted and continuing role in implementing the energy transition. The EESC is fully committed to this initiative and will take a lead and, alongside others, provide active support.

7.   Final remarks

| 7.1. | The EESC welcomes the Commission’s statement (5) indicating that the governance structure will have to be developed taking into account the views of the European Parliament, Member States and stakeholders. The vocal support and agreement of civil society smoothes the path to achieving challenging targets. By connecting to people’s lives and concerns an EED-supported governance process will help bring the Energy Union in tune with citizens’ expectations. It will secure an understanding of energy challenges and trade-offs and improve acceptability and trust — not least by demonstrating the capacity to listen to and involve stakeholders. |
| --- | --- |

7.1.

The EESC welcomes the Commission’s statement (5) indicating that the governance structure will have to be developed taking into account the views of the European Parliament, Member States and stakeholders. The vocal support and agreement of civil society smoothes the path to achieving challenging targets. By connecting to people’s lives and concerns an EED-supported governance process will help bring the Energy Union in tune with citizens’ expectations. It will secure an understanding of energy challenges and trade-offs and improve acceptability and trust — not least by demonstrating the capacity to listen to and involve stakeholders.

| 7.2. | In addition there will be a significant reduction in the long-term political cost as a process will be in place whereby all stakeholders are involved in designing energy transition that a majority of people want and that is forward-looking and pragmatic. This is an issue that impacts everybody and can lead them to positively reassess their perception of the EU and its processes and recognise the EU’s added value and open governance. |
| --- | --- |

7.2.

In addition there will be a significant reduction in the long-term political cost as a process will be in place whereby all stakeholders are involved in designing energy transition that a majority of people want and that is forward-looking and pragmatic. This is an issue that impacts everybody and can lead them to positively reassess their perception of the EU and its processes and recognise the EU’s added value and open governance.

Brussels, 23 April 2015.

The President of the European Economic and Social Committee

Henri MALOSSE

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(1)  OJ C 424, 26.11.2014, pp. 39-45.

1

(2)  COM(2015) 80 final.

2

(3)  COM(2015) 80 final, p. 18.

3

(4)  OJ C 161, 6.6.2013, pp. 1-7.

4

(5)  Communication, A policy framework for climate and energy in the period from 2020 to 2030 (COM(2014) 15 final).

5

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| 4.9.2015 | EN | Official Journal of the European Union | C 291/14 |
| --- | --- | --- | --- |

4.9.2015

EN

Official Journal of the European Union

C 291/14

---

Opinion of the European Economic and Social Committee on the ‘Roadmap to a single European transport area — progress and challenges’

(exploratory opinion requested by the European Parliament)

(2015/C 291/03)

| Rapporteur: | Raymond HENCKS |
| --- | --- |
| Co-rapporteur: | Stefan BACK |

Rapporteur:

Raymond HENCKS

Co-rapporteur:

Stefan BACK

On 13 January 2015, the Parliament decided to consult the European Economic and Social Committee, under Article 304 of the Treaty on the Functioning of the European Union, on the

Roadmap to a single European transport area — progress and challenges

(exploratory opinion).

The Section for Transport, Energy, Infrastructure and the Information Society, which was responsible for preparing the Committee’s work on the subject, adopted its opinion on 8 April 2015.

At its 507th plenary session, held on 22 and 23 April 2015 (meeting of 22 April), the European Economic and Social Committee adopted the following opinion by 96 votes in favour, with 2 votes against and 2 abstentions.

1.   Conclusions and recommendations

| 1.1. | The EESC reiterates its support (1) for the aims set out in the 2011 White Paper ‘Roadmap to a Single European Transport Area’ (hereinafter ‘the Roadmap’). The single European transport area remains an important item on the agenda. Major challenges still hamper the establishment of the single European transport area from achieving sustainable growth and job creation, quality jobs and working conditions. |
| --- | --- |

1.1.

The EESC reiterates its support (1) for the aims set out in the 2011 White Paper ‘Roadmap to a Single European Transport Area’ (hereinafter ‘the Roadmap’). The single European transport area remains an important item on the agenda. Major challenges still hamper the establishment of the single European transport area from achieving sustainable growth and job creation, quality jobs and working conditions.

| 1.2. | Considering the Juncker Commission’s ten priorities for 2015-19, the Commission 2015 Work Programme and the aims of the Roadmap, the EESC points out the following: |
| --- | --- |

1.2.

Considering the Juncker Commission’s ten priorities for 2015-19, the Commission 2015 Work Programme and the aims of the Roadmap, the EESC points out the following:

| 1.3. | Efficient implementation of the European Fund for Strategic Investments (EFSI) can leave more Connecting Europe Facility (CEF) resources available where private investment or charging will not work. In any case, the EUR 2,7 billion to be transferred from the CEF transport budget to the EFSI must be earmarked for transport. The EESC reiterates the need for real cross-border infrastructure planning when implementing the TEN-T in order to ensure optimal resource efficiency. |
| --- | --- |

1.3.

Efficient implementation of the European Fund for Strategic Investments (EFSI) can leave more Connecting Europe Facility (CEF) resources available where private investment or charging will not work. In any case, the EUR 2,7 billion to be transferred from the CEF transport budget to the EFSI must be earmarked for transport. The EESC reiterates the need for real cross-border infrastructure planning when implementing the TEN-T in order to ensure optimal resource efficiency.

| 1.4. | Simultaneous use of the ‘polluter pays’ and ‘user pays’ principles will weaken financing based on the latter. Simpler and clearer charging concepts are needed. Options are needed to adjust charges to guarantee cohesion, avoid social exclusion and ensure coherence with taxes and charges in general. |
| --- | --- |

1.4.

Simultaneous use of the ‘polluter pays’ and ‘user pays’ principles will weaken financing based on the latter. Simpler and clearer charging concepts are needed. Options are needed to adjust charges to guarantee cohesion, avoid social exclusion and ensure coherence with taxes and charges in general.

| 1.5. | Much remains to complete the internal transport market. The Committee’s opinion (2) of 11 July 2013 on the fourth railway package supports the aim to complete the implementation of a common single rail market in Europe to provide high-quality transport with no problems at borders. The EESC, as stated in its 2011 opinion on the Roadmap (3), requests a balanced impact assessment of new steps planned in that direction. The European Commission’s intention to clarify market access rules in road transport to facilitate implementation and compliance control is welcomed. |
| --- | --- |

1.5.

Much remains to complete the internal transport market. The Committee’s opinion (2) of 11 July 2013 on the fourth railway package supports the aim to complete the implementation of a common single rail market in Europe to provide high-quality transport with no problems at borders. The EESC, as stated in its 2011 opinion on the Roadmap (3), requests a balanced impact assessment of new steps planned in that direction. The European Commission’s intention to clarify market access rules in road transport to facilitate implementation and compliance control is welcomed.

| 1.6. | The EESC supports the Juncker Commission’s focus on social dumping. It asks the Commission to propose preventive measures. Member States should strengthen compliance control also through improved cross-border cooperation — including exchange of information and adequate sanctions in particular regarding letterbox companies and bogus self-employment. Loopholes in legislation on access to transport professions/operation licenses and on the coordination of social security must be eliminated. Control measures must be proportionate and not put an unnecessary administrative burden on the parties concerned. |
| --- | --- |

1.6.

The EESC supports the Juncker Commission’s focus on social dumping. It asks the Commission to propose preventive measures. Member States should strengthen compliance control also through improved cross-border cooperation — including exchange of information and adequate sanctions in particular regarding letterbox companies and bogus self-employment. Loopholes in legislation on access to transport professions/operation licenses and on the coordination of social security must be eliminated. Control measures must be proportionate and not put an unnecessary administrative burden on the parties concerned.

| 1.7. | Modal shift requires flexibility and adaptation to local conditions, particularly the 300 kilometre limit sought on road transport, which will not work in remote and sparsely populated regions with a limited rail network. |
| --- | --- |

1.7.

Modal shift requires flexibility and adaptation to local conditions, particularly the 300 kilometre limit sought on road transport, which will not work in remote and sparsely populated regions with a limited rail network.

| 1.8. | Adequate infrastructure and transport services are needed, also in remote regions. A new initiative should be added to Annex I to the Roadmap: to double public transport use in urban areas by 2030 through installations and infrastructure that facilitate the mobility of pedestrians, cyclists, and the elderly or persons with reduced mobility as part of urban mobility plans. |
| --- | --- |

1.8.

Adequate infrastructure and transport services are needed, also in remote regions. A new initiative should be added to Annex I to the Roadmap: to double public transport use in urban areas by 2030 through installations and infrastructure that facilitate the mobility of pedestrians, cyclists, and the elderly or persons with reduced mobility as part of urban mobility plans.

| 1.9. | The EESC stresses the importance of passenger rights, in view of the emergence of new concept transport organisers such as Uber. |
| --- | --- |

1.9.

The EESC stresses the importance of passenger rights, in view of the emergence of new concept transport organisers such as Uber.

| 1.10. | The EESC suggests that a participatory dialogue be used when preparing the revised version of the Roadmap and refers in that connection to its opinion of 11 July 2012 (4). |
| --- | --- |

1.10.

The EESC suggests that a participatory dialogue be used when preparing the revised version of the Roadmap and refers in that connection to its opinion of 11 July 2012 (4).

| 1.11. | The EESC suggests a general reassessment of the action plan of Annex I to the Roadmap in terms of its current political feasibility. |
| --- | --- |

1.11.

The EESC suggests a general reassessment of the action plan of Annex I to the Roadmap in terms of its current political feasibility.

2.   Revision of the 2011 Roadmap — general overview

| 2.1. | The European Parliament is planning an own initiative report on the implementation of the Roadmap and in that connection has asked the EESC for an explanatory opinion on the subject. |
| --- | --- |

2.1.

The European Parliament is planning an own initiative report on the implementation of the Roadmap and in that connection has asked the EESC for an explanatory opinion on the subject.

| 2.2. | In its opinion on the Roadmap (5), the EESC welcomed the Commission’s efforts, but found a significant gap between the objectives and the means by which they might be achieved and financed. |
| --- | --- |

2.2.

In its opinion on the Roadmap (5), the EESC welcomed the Commission’s efforts, but found a significant gap between the objectives and the means by which they might be achieved and financed.

| 2.3. | The EESC notes that most of the observations made in its opinion on the Roadmap remain pertinent. This applies to the following items in particular (6):






  — | The problem of funding the investments needed to reach objectives on, for instance, infrastructure, alternative fuels and propulsion systems and the infrastructure they need. Charging and private funding will not work everywhere. |
| --- | --- | --- |

2.3.

The EESC notes that most of the observations made in its opinion on the Roadmap remain pertinent. This applies to the following items in particular (6):

—

The problem of funding the investments needed to reach objectives on, for instance, infrastructure, alternative fuels and propulsion systems and the infrastructure they need. Charging and private funding will not work everywhere.

| — | Better coordination between Member States on infrastructure planning. |
| --- | --- |

—

Better coordination between Member States on infrastructure planning.

| — | Recognition of the vital role of transport as a factor of competitiveness and prosperity and the need to create an integrated European transport system. Support for the development of a strategy to provide Europe with transport that is efficient, genuinely sustainable and takes economic, environmental and social challenges into consideration. Developments in all modes of transport must take greater account of — and strengthen — social dialogue. In road transport in particular, this goes hand in hand with measures to prevent abuse of disparities in wages and social protection standards. |
| --- | --- |

—

Recognition of the vital role of transport as a factor of competitiveness and prosperity and the need to create an integrated European transport system. Support for the development of a strategy to provide Europe with transport that is efficient, genuinely sustainable and takes economic, environmental and social challenges into consideration. Developments in all modes of transport must take greater account of — and strengthen — social dialogue. In road transport in particular, this goes hand in hand with measures to prevent abuse of disparities in wages and social protection standards.

| — | The rigid approach to the modal shift from road in respect of distances over 300 km, which is unrealistic in certain cases (for instance, in large countries with a sparse rail network). |
| --- | --- |

—

The rigid approach to the modal shift from road in respect of distances over 300 km, which is unrealistic in certain cases (for instance, in large countries with a sparse rail network).

| — | The importance of the optimised use of available resources, including infrastructure and vehicles, and ensuring optimised transport flows through efficient logistics, including resources such as e-freight and green corridors. |
| --- | --- |

—

The importance of the optimised use of available resources, including infrastructure and vehicles, and ensuring optimised transport flows through efficient logistics, including resources such as e-freight and green corridors.

| — | The need to ensure continued competence through education and recruitment efforts; adequate social conditions for mobile workers. |
| --- | --- |

—

The need to ensure continued competence through education and recruitment efforts; adequate social conditions for mobile workers.

| — | There is insufficient focus on the importance of urban transport, including for goods transport (first mile/last mile). |
| --- | --- |

—

There is insufficient focus on the importance of urban transport, including for goods transport (first mile/last mile).

| 2.4. | Four years into the implementation of the Roadmap, the EESC notes that there have been a number of initiatives, but with fairly limited results so far. Nevertheless, steps have been taken towards this implementation, in the form of both legislative proposals and policy initiatives. These include the new TEN-T Guidelines Regulation (7) and the Regulation on a Connecting Europe Facility (8) (both adopted in 2013), the legislation on deployment of alternative fuels infrastructure, and measures to reduce GHG emissions from vehicles. |
| --- | --- |

2.4.

Four years into the implementation of the Roadmap, the EESC notes that there have been a number of initiatives, but with fairly limited results so far. Nevertheless, steps have been taken towards this implementation, in the form of both legislative proposals and policy initiatives. These include the new TEN-T Guidelines Regulation (7) and the Regulation on a Connecting Europe Facility (8) (both adopted in 2013), the legislation on deployment of alternative fuels infrastructure, and measures to reduce GHG emissions from vehicles.

| 2.5. | Little has been achieved, however, in preparing the ground for a further market opening, compliance monitoring and facilitation of cross border road transport. The European Register of Road Transport Undertakings, for example, which was intended to support monitoring of compliance with road transport market regulation, has suffered implementation delays. The same is true of the European Electronic Road Toll System, created to facilitate cross-border traffic but still to be implemented. Likewise, the problem of varying social conditions for mobile workers and their repercussions on competition remains largely unsolved. When it comes to the directive on the posting of workers, diverging interpretation among Member States, some of which may not apply the legislation correctly, poses a serious problem for the smooth operation of the internal market. |
| --- | --- |

2.5.

Little has been achieved, however, in preparing the ground for a further market opening, compliance monitoring and facilitation of cross border road transport. The European Register of Road Transport Undertakings, for example, which was intended to support monitoring of compliance with road transport market regulation, has suffered implementation delays. The same is true of the European Electronic Road Toll System, created to facilitate cross-border traffic but still to be implemented. Likewise, the problem of varying social conditions for mobile workers and their repercussions on competition remains largely unsolved. When it comes to the directive on the posting of workers, diverging interpretation among Member States, some of which may not apply the legislation correctly, poses a serious problem for the smooth operation of the internal market.

| 2.6. | With respect to funding, the EESC notes that, although CEF funding is far from sufficient, the transport sector is one of the main priorities of the European Fund for Strategic Investment (EFSI), which the Commission and the European Investment Bank (EIB) are in the course of setting up. This is made clear, inter alia, by the report of the joint EIB and Commission working group tasked with fixing the selection criteria for projects to be financed. The EESC notes in this connection that EUR 2,7 billion of the funding available for the CEF regarding transport is being redirected toward the EFSI. It is important that those funds are used for the benefit of the transport sector when implementing the EFSI. |
| --- | --- |

2.6.

With respect to funding, the EESC notes that, although CEF funding is far from sufficient, the transport sector is one of the main priorities of the European Fund for Strategic Investment (EFSI), which the Commission and the European Investment Bank (EIB) are in the course of setting up. This is made clear, inter alia, by the report of the joint EIB and Commission working group tasked with fixing the selection criteria for projects to be financed. The EESC notes in this connection that EUR 2,7 billion of the funding available for the CEF regarding transport is being redirected toward the EFSI. It is important that those funds are used for the benefit of the transport sector when implementing the EFSI.

| 2.7. | The EESC would like to stress in this connection the importance of ensuring that these investments not be limited solely to the extension of infrastructure, but also support projects to modernise and improve sector performance, as well as measures to provide for a well-trained and skilled workforce. |
| --- | --- |

2.7.

The EESC would like to stress in this connection the importance of ensuring that these investments not be limited solely to the extension of infrastructure, but also support projects to modernise and improve sector performance, as well as measures to provide for a well-trained and skilled workforce.

3.   Transport in the Commission work programme

| 3.1. | The EESC notes that the single European transport area is not mentioned in the political guidelines for the next five years nor in the ten priorities set out by President Juncker and included in the Commission’s 2015 work programme (9). |
| --- | --- |

3.1.

The EESC notes that the single European transport area is not mentioned in the political guidelines for the next five years nor in the ten priorities set out by President Juncker and included in the Commission’s 2015 work programme (9).

| 3.2. | Considering both the importance of transport as an economic sector and its specific character, which often necessitates dedicated solutions, the EESC thinks that it would have been appropriate to mention it as a specific issue in relation to, for example, Priority 1 (growth and jobs) and Priorities 3 and 4 (energy union and deeper internal market), all of which deal with transport. This is particularly the case in relation to the internal market, given that transport policy is dealt with in a specific chapter of the TFEU and separately addressed in both the Europe 2020 strategy and the two Single Market Acts. |
| --- | --- |

3.2.

Considering both the importance of transport as an economic sector and its specific character, which often necessitates dedicated solutions, the EESC thinks that it would have been appropriate to mention it as a specific issue in relation to, for example, Priority 1 (growth and jobs) and Priorities 3 and 4 (energy union and deeper internal market), all of which deal with transport. This is particularly the case in relation to the internal market, given that transport policy is dealt with in a specific chapter of the TFEU and separately addressed in both the Europe 2020 strategy and the two Single Market Acts.

| 3.3. | Bearing in mind the overarching political direction set out in the political priorities of the Juncker Commission — namely, that the European Union’s policy agenda should be decided in close partnership between the European Commission and the European Parliament and in cooperation with the Member States — the EESC would suggest that the list of initiatives set out in Annex I to the Roadmap be reassessed in the light of their political feasibility. |
| --- | --- |

3.3.

Bearing in mind the overarching political direction set out in the political priorities of the Juncker Commission — namely, that the European Union’s policy agenda should be decided in close partnership between the European Commission and the European Parliament and in cooperation with the Member States — the EESC would suggest that the list of initiatives set out in Annex I to the Roadmap be reassessed in the light of their political feasibility.

4.   Territorial cohesion

| 4.1. | The Roadmap makes no reference to territorial cohesion. |
| --- | --- |

4.1.

The Roadmap makes no reference to territorial cohesion.

| 4.2. | Under Treaty Articles 90 and 91, common transport policy is intended to help promote territorial cohesion — i.e. secure access to the transport network for sparsely populated rural regions that are often devoid of public transport services and whose inhabitants are thus deprived of an alternative to road transport. The EESC notes in this connection an earlier EU objective, namely that of ensuring that the majority of the EU’s public and businesses are no more than 30 minutes’ journey time from that network. This objective seems to have been forgotten (10). |
| --- | --- |

4.2.

Under Treaty Articles 90 and 91, common transport policy is intended to help promote territorial cohesion — i.e. secure access to the transport network for sparsely populated rural regions that are often devoid of public transport services and whose inhabitants are thus deprived of an alternative to road transport. The EESC notes in this connection an earlier EU objective, namely that of ensuring that the majority of the EU’s public and businesses are no more than 30 minutes’ journey time from that network. This objective seems to have been forgotten (10).

| 4.3. | Although the Roadmap states, in relation to accessibility, that there is a risk of the gap between central and peripheral areas widening, its fourth goal — ‘to maintain a dense railway network in all Member States’ — has come to nothing, since no practical initiative is linked to that goal, while increasing numbers of regional routes are slashed on grounds of profitability. |
| --- | --- |

4.3.

Although the Roadmap states, in relation to accessibility, that there is a risk of the gap between central and peripheral areas widening, its fourth goal — ‘to maintain a dense railway network in all Member States’ — has come to nothing, since no practical initiative is linked to that goal, while increasing numbers of regional routes are slashed on grounds of profitability.

| 4.4. | The EESC would refer in this connection to its comment regarding the Roadmap’s recommendation on the mandatory award of public service contracts by competitive tendering. The EESC requested that ‘before presenting proposals on this matter and no more than six months after 3 December 2014, the European Commission produces a report on the implementation of Regulation (EC) No 1370/2007, as provided for in Article 8(2) of that document’. |
| --- | --- |

4.4.

The EESC would refer in this connection to its comment regarding the Roadmap’s recommendation on the mandatory award of public service contracts by competitive tendering. The EESC requested that ‘before presenting proposals on this matter and no more than six months after 3 December 2014, the European Commission produces a report on the implementation of Regulation (EC) No 1370/2007, as provided for in Article 8(2) of that document’.

| 4.5. | The EESC therefore considers that, in line with Article 174 of the Lisbon treaty, which stipulates that special attention should be paid to regions that suffer from severe and permanent handicaps, other passenger transport that is not solely tourism transport should be classified as a service of general interest and therefore meet criteria for universality, accessibility, including accessibility for persons with disabilities and persons with reduced mobility, continuity, quality and affordability. |
| --- | --- |

4.5.

The EESC therefore considers that, in line with Article 174 of the Lisbon treaty, which stipulates that special attention should be paid to regions that suffer from severe and permanent handicaps, other passenger transport that is not solely tourism transport should be classified as a service of general interest and therefore meet criteria for universality, accessibility, including accessibility for persons with disabilities and persons with reduced mobility, continuity, quality and affordability.

5.   Sustainable transport

| 5.1. | As early as 2007, mid-way through the 2001-10 White Paper programme, the Commission had to admit that ‘Europe is not yet on a sustainable transport path’
   (11). The EESC considers that the approach has not really evolved at all since then. |
| --- | --- |

5.1.

As early as 2007, mid-way through the 2001-10 White Paper programme, the Commission had to admit that ‘Europe is not yet on a sustainable transport path’
   (11). The EESC considers that the approach has not really evolved at all since then.

| 5.2. | In its exploratory opinion ‘A sustainable future for transport’ (12) the EESC pointed out that, while transport is key to many of our freedoms (freedom to work and live in different parts of the world, to enjoy different products and services, to trade and to establish personal contacts), one of the basic aims of the policy must be to define a framework for these freedoms and even to impose boundaries where they may affect, or even threaten, other freedoms or needs, such as human health, the environment, the climate, or the needs of generations to come. |
| --- | --- |

5.2.

In its exploratory opinion ‘A sustainable future for transport’ (12) the EESC pointed out that, while transport is key to many of our freedoms (freedom to work and live in different parts of the world, to enjoy different products and services, to trade and to establish personal contacts), one of the basic aims of the policy must be to define a framework for these freedoms and even to impose boundaries where they may affect, or even threaten, other freedoms or needs, such as human health, the environment, the climate, or the needs of generations to come.

| 5.3. | The Roadmap is based on the premise that ‘curbing mobility is not an option’. The EESC reiterates what it said in point 3.9 of its 2011 opinion on the Roadmap (13) — namely, that this must not be interpreted as working against measures that will make transport more resource efficient and sustainable. Nor does it run counter to encouraging a change in behaviour favouring the use of more sustainable means of transport or transport avoidance. |
| --- | --- |

5.3.

The Roadmap is based on the premise that ‘curbing mobility is not an option’. The EESC reiterates what it said in point 3.9 of its 2011 opinion on the Roadmap (13) — namely, that this must not be interpreted as working against measures that will make transport more resource efficient and sustainable. Nor does it run counter to encouraging a change in behaviour favouring the use of more sustainable means of transport or transport avoidance.

| 5.4. | Therefore, it cannot be denied that mobility is a right that guarantees every citizen access to and the right to enjoy economic, social and cultural activities. One can nevertheless not ignore the behaviour, too often unsustainable, of individual use of private cars to go from ‘one place to another’, or by the refusal, for reasons of convenience, to use available public transport. Restraining pointless individual travel and reducing traffic congestion, in particular through appropriate dissuasive measures, or measures to encourage use of public transport, or through innovations in the form of organisation of work (for instance flexible hours), are all certainly options to be considered. |
| --- | --- |

5.4.

Therefore, it cannot be denied that mobility is a right that guarantees every citizen access to and the right to enjoy economic, social and cultural activities. One can nevertheless not ignore the behaviour, too often unsustainable, of individual use of private cars to go from ‘one place to another’, or by the refusal, for reasons of convenience, to use available public transport. Restraining pointless individual travel and reducing traffic congestion, in particular through appropriate dissuasive measures, or measures to encourage use of public transport, or through innovations in the form of organisation of work (for instance flexible hours), are all certainly options to be considered.

| 5.5. | The EESC therefore believes that particular emphasis should be placed on research and innovation in the field of clean, particle-free and safe vehicles, including the reduction of noise from vehicles without compromising high safety standards, for all modes of transport, and alternative fuels, including the necessary infrastructure. |
| --- | --- |

5.5.

The EESC therefore believes that particular emphasis should be placed on research and innovation in the field of clean, particle-free and safe vehicles, including the reduction of noise from vehicles without compromising high safety standards, for all modes of transport, and alternative fuels, including the necessary infrastructure.

| 5.6. | To achieve this, it will be necessary to accelerate technical standardisation and regulation (action on prices, subsidies and tax), especially in the automobile sector, which accounts for over half of all emissions from the road sector. |
| --- | --- |

5.6.

To achieve this, it will be necessary to accelerate technical standardisation and regulation (action on prices, subsidies and tax), especially in the automobile sector, which accounts for over half of all emissions from the road sector.

| 5.7. | Although there is convergence among the EU Member States on long-term objectives and guidelines, fundamental differences remain when it comes to development and the sensitivities of each country. |
| --- | --- |

5.7.

Although there is convergence among the EU Member States on long-term objectives and guidelines, fundamental differences remain when it comes to development and the sensitivities of each country.

| 5.8. | For example, some countries attempt to promote clean vehicles by means, for instance, of subsidies to the automobile industry, sometimes generous grants for the purchase of such cars, remission of tax on biofuels, discounts on motorway tolls, taxation of cars that pollute and grants for scrapping old cars. |
| --- | --- |

5.8.

For example, some countries attempt to promote clean vehicles by means, for instance, of subsidies to the automobile industry, sometimes generous grants for the purchase of such cars, remission of tax on biofuels, discounts on motorway tolls, taxation of cars that pollute and grants for scrapping old cars.

| 5.9. | However, it is clear that there is still a very long way to go to achieve the objectives set. The effects of the subsidies are very limited, to the point where they have already been significantly reduced or even abolished. Sales are struggling to take off, causing serious problems for manufacturers who chose the full electric option. The EESC considers it important to maintain and extend incentives to achieve decarbonisation, but takes the view that support must be given not only to the development of clean vehicles, but to all clean means of transport. |
| --- | --- |

5.9.

However, it is clear that there is still a very long way to go to achieve the objectives set. The effects of the subsidies are very limited, to the point where they have already been significantly reduced or even abolished. Sales are struggling to take off, causing serious problems for manufacturers who chose the full electric option. The EESC considers it important to maintain and extend incentives to achieve decarbonisation, but takes the view that support must be given not only to the development of clean vehicles, but to all clean means of transport.

6.   The polluter pays and user pays principles

| 6.1. | In the view of the Commission, pricing and taxes should be restructured in order to take better account of the polluter-pays and user-pays principles and to reflect total costs, including infrastructure and external costs. |
| --- | --- |

6.1.

In the view of the Commission, pricing and taxes should be restructured in order to take better account of the polluter-pays and user-pays principles and to reflect total costs, including infrastructure and external costs.

| 6.2. | The EESC would stress that a clear distinction must be made between these two principles, as they are completely different in nature and purpose. |
| --- | --- |

6.2.

The EESC would stress that a clear distinction must be made between these two principles, as they are completely different in nature and purpose.

| 6.3. | The EESC endorses the polluter-pays principle, given the economic cost of non-sustainability, but points out that often, and in particular in rural or sparsely populated regions, no alternatives exist to polluting means of transport; the undertakings and citizens concerned cannot be punished or have their competitiveness diminished on that account. Likewise, taxes on pollution must not simply be added to the price of goods and services and charged to consumers without achieving any change in behaviour. |
| --- | --- |

6.3.

The EESC endorses the polluter-pays principle, given the economic cost of non-sustainability, but points out that often, and in particular in rural or sparsely populated regions, no alternatives exist to polluting means of transport; the undertakings and citizens concerned cannot be punished or have their competitiveness diminished on that account. Likewise, taxes on pollution must not simply be added to the price of goods and services and charged to consumers without achieving any change in behaviour.

| 6.4. | The Committee is, however, against across-the-board application, without differentiation, of the user-pays principle, since public transport is a service of general economic interest and Protocol 26 on such services, appended to the Lisbon treaty, calls on the Member States to ensure that these services are of a high quality and affordable. |
| --- | --- |

6.4.

The Committee is, however, against across-the-board application, without differentiation, of the user-pays principle, since public transport is a service of general economic interest and Protocol 26 on such services, appended to the Lisbon treaty, calls on the Member States to ensure that these services are of a high quality and affordable.

| 6.5. | Affordability must not be sacrificed on the altar of cost-based pricing. Moreover, any such measure would be counterproductive to attempts to decarbonise transport and the measures taken by many urban transport authorities that have chosen to offer free public transport to certain age groups, social categories or even to everyone, and would primarily hit the most vulnerable people. |
| --- | --- |

6.5.

Affordability must not be sacrificed on the altar of cost-based pricing. Moreover, any such measure would be counterproductive to attempts to decarbonise transport and the measures taken by many urban transport authorities that have chosen to offer free public transport to certain age groups, social categories or even to everyone, and would primarily hit the most vulnerable people.

7.   Urban mobility

| 7.1. | The gradual phasing out of conventionally-fuelled vehicles is not in itself enough to achieve integrated and sustainable mobility in urban areas. |
| --- | --- |

7.1.

The gradual phasing out of conventionally-fuelled vehicles is not in itself enough to achieve integrated and sustainable mobility in urban areas.

| 7.2. | The EESC reiterates the emphasis it placed in its 2011 opinion on the Roadmap (14) on the huge need to develop urban public transport, as well as urban logistics, as part of a sustainable transport policy (see the discussion in points 31, 33 and 41 of the Roadmap). However, the Commission seems to be starting from the premise that the main solution to urban problems is technological innovation in the area of clean vehicle production. This is really a long-term view, when what is now needed are short-term measures to reduce air pollution and urban noise pollution. In any event, the only way to resolve urban traffic congestion is to promote public transport. |
| --- | --- |

7.2.

The EESC reiterates the emphasis it placed in its 2011 opinion on the Roadmap (14) on the huge need to develop urban public transport, as well as urban logistics, as part of a sustainable transport policy (see the discussion in points 31, 33 and 41 of the Roadmap). However, the Commission seems to be starting from the premise that the main solution to urban problems is technological innovation in the area of clean vehicle production. This is really a long-term view, when what is now needed are short-term measures to reduce air pollution and urban noise pollution. In any event, the only way to resolve urban traffic congestion is to promote public transport.

| 7.3. | The EESC is disappointed that increased public transport usage in urban areas is not clearly stated as an objective, for instance under point 2.3 in the list of initiatives appended to the Roadmap. It calls on the Commission to complete the White Paper to this end and set the goal of doubling urban public transport use by 2030, while also providing for facilities and infrastructure to facilitate mobility of pedestrians, cyclists, and the elderly and persons with reduced mobility. Intelligent transport systems are indispensable to provide users with the information required about the means of transport at their disposal. However, these systems need suitable radio frequencies and wavelengths, a subject that is not brought up in the White Paper. |
| --- | --- |

7.3.

The EESC is disappointed that increased public transport usage in urban areas is not clearly stated as an objective, for instance under point 2.3 in the list of initiatives appended to the Roadmap. It calls on the Commission to complete the White Paper to this end and set the goal of doubling urban public transport use by 2030, while also providing for facilities and infrastructure to facilitate mobility of pedestrians, cyclists, and the elderly and persons with reduced mobility. Intelligent transport systems are indispensable to provide users with the information required about the means of transport at their disposal. However, these systems need suitable radio frequencies and wavelengths, a subject that is not brought up in the White Paper.

| 7.4. | The EESC therefore reiterates its support for the Commission’s 2013 communication on competitive and resource-efficient urban mobility (15) and the measures now being taken to implement it. |
| --- | --- |

7.4.

The EESC therefore reiterates its support for the Commission’s 2013 communication on competitive and resource-efficient urban mobility (15) and the measures now being taken to implement it.

| 7.5. | The EESC reiterates its regrets, voiced in its 2011 opinion on the Roadmap (16), that urban transport is outside the EU’s legislative mandate and considers that the measures regarding the criteria for the installation and operation of urban road tolls and access restriction schemes for polluting vehicles should be harmonised and become an integral part of urban mobility plans, which, in turn, should also be made mandatory for larger cities. Harmonising these elements would be beneficial both to the environment and to the functioning of the internal market. |
| --- | --- |

7.5.

The EESC reiterates its regrets, voiced in its 2011 opinion on the Roadmap (16), that urban transport is outside the EU’s legislative mandate and considers that the measures regarding the criteria for the installation and operation of urban road tolls and access restriction schemes for polluting vehicles should be harmonised and become an integral part of urban mobility plans, which, in turn, should also be made mandatory for larger cities. Harmonising these elements would be beneficial both to the environment and to the functioning of the internal market.

8.   Passenger rights

| 8.1. | In its opinion on the Communication regarding passenger rights in all transport modes (17), the EESC argued that three additional rights should be added to the ten specific rights listed in the communication, namely: the right to safety (including both the technical safety of the transport equipment and the physical safety of passengers), the right to minimum standards of service quality, comfort and accessibility, and the right to protection of the environment. |
| --- | --- |

8.1.

In its opinion on the Communication regarding passenger rights in all transport modes (17), the EESC argued that three additional rights should be added to the ten specific rights listed in the communication, namely: the right to safety (including both the technical safety of the transport equipment and the physical safety of passengers), the right to minimum standards of service quality, comfort and accessibility, and the right to protection of the environment.

| 8.2. | In its comments on the EESC’s opinion, the Commission acknowledged that the proposed rights were important factors that should be taken into account in future legislation on passenger rights. The EESC therefore proposes that the Roadmap’s ninth goal, which aims to make sure that the EU is a world leader in safety and security of transport in all modes of transport, be put into practice and that current rights be extended accordingly. |
| --- | --- |

8.2.

In its comments on the EESC’s opinion, the Commission acknowledged that the proposed rights were important factors that should be taken into account in future legislation on passenger rights. The EESC therefore proposes that the Roadmap’s ninth goal, which aims to make sure that the EU is a world leader in safety and security of transport in all modes of transport, be put into practice and that current rights be extended accordingly.

| 8.3. | The EESC draws attention to the emergence of companies mediating passenger services, such as Uber, which seems to consist in a kind of brokerage of transport services where the broker — driver — passenger relationship seems unclear in several aspects. The EESC would ask the Commission to analyse the situation with respect to safety, the responsibility of Uber and/or drivers and the rights of passengers with respect to the provisions of the TFEU, social legislation and consumer rights. |
| --- | --- |

8.3.

The EESC draws attention to the emergence of companies mediating passenger services, such as Uber, which seems to consist in a kind of brokerage of transport services where the broker — driver — passenger relationship seems unclear in several aspects. The EESC would ask the Commission to analyse the situation with respect to safety, the responsibility of Uber and/or drivers and the rights of passengers with respect to the provisions of the TFEU, social legislation and consumer rights.

9.   The social dimension of the Roadmap

| 9.1. | The EESC thinks that if the transport sector is to operate smoothly and on a level playing field, social standards need to be improved, social and working conditions harmonised, and social and wage dumping practices eliminated. |
| --- | --- |

9.1.

The EESC thinks that if the transport sector is to operate smoothly and on a level playing field, social standards need to be improved, social and working conditions harmonised, and social and wage dumping practices eliminated.

| 9.2. | It must be said, however, that many transport sectors suffer from abusive practices, including circumvention or breach of labour and/or social legislation. As regards posting of workers and undeclared labour, the EESC welcomes Directive 2014/67/EC EU on the enforcement of Directive 96/71/EC concerning the posting of workers, to be transposed into national legislations by June 2016, and the pending proposal for a decision on the establishment of a European platform to enhance cooperation in the prevention and deterrence of undeclared work which are intended to improve surveillance and cross-border cooperation to prevent illegal practices (18). |
| --- | --- |

9.2.

It must be said, however, that many transport sectors suffer from abusive practices, including circumvention or breach of labour and/or social legislation. As regards posting of workers and undeclared labour, the EESC welcomes Directive 2014/67/EC EU on the enforcement of Directive 96/71/EC concerning the posting of workers, to be transposed into national legislations by June 2016, and the pending proposal for a decision on the establishment of a European platform to enhance cooperation in the prevention and deterrence of undeclared work which are intended to improve surveillance and cross-border cooperation to prevent illegal practices (18).

| 9.3. | As the Commission points out in its communication (19) on the state of the Union road transport market, the failure to fully uphold labour legislation may be the result of the absence of binding measures on the number and frequency of checks. The EESC therefore welcomes Directive 2014/67/EC EU and reiterates its support for the forthcoming proposal for a Decision on a European platform to prevent undeclared work mentioned in the preceding paragraph (20). |
| --- | --- |

9.3.

As the Commission points out in its communication (19) on the state of the Union road transport market, the failure to fully uphold labour legislation may be the result of the absence of binding measures on the number and frequency of checks. The EESC therefore welcomes Directive 2014/67/EC EU and reiterates its support for the forthcoming proposal for a Decision on a European platform to prevent undeclared work mentioned in the preceding paragraph (20).

| 9.4. | Given that the EU has no mandate to harmonise labour law standards fully and that it can only introduce minimum standards, it is the task of sectoral dialogue to provide for a harmonised set of labour, occupational health and safety standards, applicable in a uniform way across the Member States. The necessary resources and support for implementing the result should be guaranteed. |
| --- | --- |

9.4.

Given that the EU has no mandate to harmonise labour law standards fully and that it can only introduce minimum standards, it is the task of sectoral dialogue to provide for a harmonised set of labour, occupational health and safety standards, applicable in a uniform way across the Member States. The necessary resources and support for implementing the result should be guaranteed.

| 9.5. | The Commission should therefore take steps to improve the implementation of the sector’s legal framework and consolidate it so that it can rise to the challenges. This must include surveillance measures and effective sanctions to eliminate abusive practices and infringements of social legislation. Loopholes in legislation on access to the different transport professions/operation licenses, on the coordination of social security, on temporary agency workers and sub-contracting for the purpose of social dumping have to be eliminated. Other issues that need to be addressed include adequate measures to deal with letterbox companies and bogus self-employment, and a better definition of home base and temporary base for mobile transport workers. The EESC wishes to see coordinated action by the Member States in this field. |
| --- | --- |

9.5.

The Commission should therefore take steps to improve the implementation of the sector’s legal framework and consolidate it so that it can rise to the challenges. This must include surveillance measures and effective sanctions to eliminate abusive practices and infringements of social legislation. Loopholes in legislation on access to the different transport professions/operation licenses, on the coordination of social security, on temporary agency workers and sub-contracting for the purpose of social dumping have to be eliminated. Other issues that need to be addressed include adequate measures to deal with letterbox companies and bogus self-employment, and a better definition of home base and temporary base for mobile transport workers. The EESC wishes to see coordinated action by the Member States in this field.

10.   Procedure

| 10.1. | The EESC would suggest that a participatory dialogue be used when preparing the revised version of the Roadmap and refers in that connection to its opinion of 11 July 2012‘Transport White Paper: getting civil society on board’ (21). |
| --- | --- |

10.1.

The EESC would suggest that a participatory dialogue be used when preparing the revised version of the Roadmap and refers in that connection to its opinion of 11 July 2012‘Transport White Paper: getting civil society on board’ (21).

Brussels, 22 April 2015.

The President of the European Economic and Social Committee

Henri MALOSSE

---

(1)  EESC Opinion on Roadmap to a Single European Transport Area (White Paper) (OJ C 24, 28.1.2012, p. 146).

1

Roadmap to a Single European Transport Area

(2)  EESC Opinion on the Fourth railway package (OJ C 327, 12.11.2013, p. 122).

2

(3)  See footnote 1.

3

(4)  EESC Opinion on the Transport White Paper: getting civil society on board (OJ C 299, 4.10.2012, p. 170).

4

Transport White Paper: getting civil society on board

(5)  See footnote 1.

5

(6)  See footnote 1, in particular points 1.4, 1.5, 1.6, 1.7, 1.8, 1.11, 1.12 and 3.15 of the opinion mentioned therein.

6

(7)  EU 1315/2013.

7

(8)  EU 1316/2013.

8

(9)  COM(2014) 910 final.

9

(10)  Leaflet from the European Commission: Comprendre la politique européenne — Transports, p. 2.

10

(11)  COM(2007) 642 final.

11

(12)  EESC Opinion on A sustainable future for transport — European transport policy after 2010 (OJ C 255, 22.9.2010, p. 110).

12

A sustainable future for transport — European transport policy after 2010

(13)  See footnote 1.

13

(14)  See footnote 1, particularly points 1.11, 1.12 and 4.29 of the opinion mentioned therein.

14

(15)  COM(2013) 913. EESC Opinion on Competitive and resource-efficient urban mobility (OJ C 424, 26.11.2014, p. 58).

15

Competitive and resource-efficient urban mobility

(16)  See footnote 1.

16

(17)  COM(2011) 898. EESC Opinion on Passenger rights in all transport modes (OJ C 229, 31.7.2012, p. 122).

17

Passenger rights in all transport modes

(18)  COM(2014) 221 — 2014/0124 COD

18

(19)  COM(2014) 222 final.

19

(20)  EESC Opinion on Undeclared work — European platform (OJ C 458, 19.12.2014, p. 43).

20

Undeclared work — European platform

(21)  See footnote 4.

21

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| 4.9.2015 | EN | Official Journal of the European Union | C 291/21 |
| --- | --- | --- | --- |

4.9.2015

EN

Official Journal of the European Union

C 291/21

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Opinion of the European Economic and Social Committee on the role of civil society in EU-Albania relations

(exploratory opinion)

(2015/C 291/04)

| Rapporteur: | Ionuţ SIBIAN |
| --- | --- |

Rapporteur:

Ionuţ SIBIAN

In a letter from Commissioner Šefčovič dated 4 September 2014, the European Commission asked the European Economic and Social Committee, in accordance with Article 262 of the Treaty and Article 9 of the Cooperation Agreement between the EESC and the European Commission, to draw up an exploratory opinion on

The role of civil society in EU-Albania relations.

The Section for External Relations, which was responsible for preparing the Committee's work on the subject, adopted its opinion on 27 March 2015.

At its 507th plenary session, held on 22—23 April 2015 (meeting of 22 April 2015), the European Economic and Social Committee adopted the following opinion by 136 votes to 2 with 5 abstentions.

1.   Conclusions and recommendations

| 1.1 | The EESC salutes the efforts that Albania is making towards achieving European standards by promoting democratic reforms and welcomes the EU decision on 27 June 2014 to grant the country candidate status. However, it underlines the importance of a more transparent and inclusive approach towards civil society organisations (CSOs), including the social partners, at all stages of the accession process. |
| --- | --- |

1.1

The EESC salutes the efforts that Albania is making towards achieving European standards by promoting democratic reforms and welcomes the EU decision on 27 June 2014 to grant the country candidate status. However, it underlines the importance of a more transparent and inclusive approach towards civil society organisations (CSOs), including the social partners, at all stages of the accession process.

| 1.2 | The national consensus on Albania's integration is acknowledged, but the positive momentum of 2014 should be capitalised on and followed by consistent support for reforms. The EESC urges the government and political parties in opposition to pursue constructive and sustainable dialogue. The more experienced CSOs can be involved in promoting a culture of dialogue and raising awareness of the political parties' responsibility to their constituencies in relation to the need to foster cross-party consensus over reforms and promote integrity and transparency. |
| --- | --- |

1.2

The national consensus on Albania's integration is acknowledged, but the positive momentum of 2014 should be capitalised on and followed by consistent support for reforms. The EESC urges the government and political parties in opposition to pursue constructive and sustainable dialogue. The more experienced CSOs can be involved in promoting a culture of dialogue and raising awareness of the political parties' responsibility to their constituencies in relation to the need to foster cross-party consensus over reforms and promote integrity and transparency.

| 1.3 | Structures and mechanisms to support the civil and social dialogues in Albania must be strengthened, and institutional support for stakeholders involved should be ensured based on both national funding and on EU funding schemes. |
| --- | --- |

1.3

Structures and mechanisms to support the civil and social dialogues in Albania must be strengthened, and institutional support for stakeholders involved should be ensured based on both national funding and on EU funding schemes.

| 1.4 | National authorities should ensure CSOs' involvement, including social partners, in all working/expert groups relevant to the integration process, considering their expertise in key areas: judicial reform, human rights protection, labour market reforms, youth involvement and social entrepreneurship, etc. |
| --- | --- |

1.4

National authorities should ensure CSOs' involvement, including social partners, in all working/expert groups relevant to the integration process, considering their expertise in key areas: judicial reform, human rights protection, labour market reforms, youth involvement and social entrepreneurship, etc.

| 1.5 | The EC progress reports should cover the involvement of CSOs, including social partners, in the accession process through a more in-depth analysis of targets and achievements, in accordance with the DG Enlargement Guidelines for EU Support to Civil Society 2014-2020 and the DG Enlargement Guidelines for EU Support to Media Freedom and Media Integrity 2014-2020. The assessment of trade union rights and fundamental workers' rights should be carried out in close consultation with national and European trade unions and the ILO. |
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1.5

The EC progress reports should cover the involvement of CSOs, including social partners, in the accession process through a more in-depth analysis of targets and achievements, in accordance with the DG Enlargement Guidelines for EU Support to Civil Society 2014-2020 and the DG Enlargement Guidelines for EU Support to Media Freedom and Media Integrity 2014-2020. The assessment of trade union rights and fundamental workers' rights should be carried out in close consultation with national and European trade unions and the ILO.

| 1.6 | The EESC underlines the importance of social dialogue and calls upon all stakeholders to make the best use of the existing institutions, especially the National Labour Council. It calls upon the Government to further promote the NLC and to consult it more systematically on all policies in which employers and workers have a legitimate interest. Social dialogue should be further encouraged at regional and local level. The EESC considers that social dialogue should be regular and structural in nature and not ad hoc, and that it should also be more effective and result-driven. |
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1.6

The EESC underlines the importance of social dialogue and calls upon all stakeholders to make the best use of the existing institutions, especially the National Labour Council. It calls upon the Government to further promote the NLC and to consult it more systematically on all policies in which employers and workers have a legitimate interest. Social dialogue should be further encouraged at regional and local level. The EESC considers that social dialogue should be regular and structural in nature and not ad hoc, and that it should also be more effective and result-driven.

| 1.7 | The EESC asks that the promotion of social dialogue be included among the key priorities of the EU institutions as regards Albania, and that it should therefore be reflected in all EC programmes available to the country. This would require greater involvement of the NLC, which should also be formally involved and consulted at each stage of the accession negotiations and involved in monitoring the implementation of the EU-Albania Stabilisation and Association Agreement. The NLC should be able to submit comments and opinions for the attention of the EU institutions when they assess Albania's progress towards EU accession. |
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1.7

The EESC asks that the promotion of social dialogue be included among the key priorities of the EU institutions as regards Albania, and that it should therefore be reflected in all EC programmes available to the country. This would require greater involvement of the NLC, which should also be formally involved and consulted at each stage of the accession negotiations and involved in monitoring the implementation of the EU-Albania Stabilisation and Association Agreement. The NLC should be able to submit comments and opinions for the attention of the EU institutions when they assess Albania's progress towards EU accession.

| 1.8 | The EESC considers that strengthening the social partners' capacity to participate actively in social dialogue should be a key priority of EU assistance programmes. Assistance is needed to develop their ability to participate effectively in all economic, social and legal issues, including in EU accession negotiations. Their organisational structures, internal communication and capacity to serve their members should be strengthened. |
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1.8

The EESC considers that strengthening the social partners' capacity to participate actively in social dialogue should be a key priority of EU assistance programmes. Assistance is needed to develop their ability to participate effectively in all economic, social and legal issues, including in EU accession negotiations. Their organisational structures, internal communication and capacity to serve their members should be strengthened.

| 1.9 | The EESC calls upon the Government of Albania to set up a comprehensive strategy to combat and limit the grey economy. This would improve the country's financial situation, prevent unfair competition and thereby create a better economic environment, while guaranteeing better respect for workers' social rights. |
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1.9

The EESC calls upon the Government of Albania to set up a comprehensive strategy to combat and limit the grey economy. This would improve the country's financial situation, prevent unfair competition and thereby create a better economic environment, while guaranteeing better respect for workers' social rights.

| 1.10 | The EESC strongly encourages the Albanian government to commit to a more specific and predictable timeline and allocation of resources to implement measures from the Roadmap for Albanian government policy for a more enabling environment for civil society development, and to speed up the establishment of the National Council for Civil Society (NCSS). |
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1.10

The EESC strongly encourages the Albanian government to commit to a more specific and predictable timeline and allocation of resources to implement measures from the Roadmap for Albanian government policy for a more enabling environment for civil society development, and to speed up the establishment of the National Council for Civil Society (NCSS).

| 1.11 | The efficient functioning of the National Labour Council (NLC) should be further supported, by continuing the regular meetings on issues relevant to labour and business. The EESC would recommend developing the NLC into a genuine social and economic council, similar to EU Member States, in order to better reflect its tripartite nature. |
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1.11

The efficient functioning of the National Labour Council (NLC) should be further supported, by continuing the regular meetings on issues relevant to labour and business. The EESC would recommend developing the NLC into a genuine social and economic council, similar to EU Member States, in order to better reflect its tripartite nature.

| 1.12 | The EESC recommends that an EU-Albania Civil Society Joint Consultative Committee (JCC) be established, once the negotiations on Albania's accession to the EU are formally opened. The JCC will enable CSOs from both sides to pursue more in-depth dialogue and to provide input to the political authorities on the chapters of the accession negotiations. |
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1.12

The EESC recommends that an EU-Albania Civil Society Joint Consultative Committee (JCC) be established, once the negotiations on Albania's accession to the EU are formally opened. The JCC will enable CSOs from both sides to pursue more in-depth dialogue and to provide input to the political authorities on the chapters of the accession negotiations.

| 1.13 | Selection criteria for NCSS members should be clearly stated in legal provisions, and CSOs should be supported in setting up their own transparent mechanism for appointing their representatives. The role of the NCSS must be compatible with the other governance structures (1) meant to facilitate cooperation with and involvement of CSOs, so as to ensure complementarity and avoid dissipation of responsibilities or resources. |
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1.13

Selection criteria for NCSS members should be clearly stated in legal provisions, and CSOs should be supported in setting up their own transparent mechanism for appointing their representatives. The role of the NCSS must be compatible with the other governance structures (1) meant to facilitate cooperation with and involvement of CSOs, so as to ensure complementarity and avoid dissipation of responsibilities or resources.

| 1.14 | The newly adopted laws and regulations (such as the Law on Access to information, Law on notification and consultation, and Council of Ministers Decision No 953 regarding VAT for non-profit organisations) should be better promoted, and mechanisms should be deployed to ensure that they achieve their defined ends. CSOs should be consistently involved in awareness-raising about legal provisions, advocating effective consultative processes and at the same time monitoring the observance of legal requirements. |
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1.14

The newly adopted laws and regulations (such as the Law on Access to information, Law on notification and consultation, and Council of Ministers Decision No 953 regarding VAT for non-profit organisations) should be better promoted, and mechanisms should be deployed to ensure that they achieve their defined ends. CSOs should be consistently involved in awareness-raising about legal provisions, advocating effective consultative processes and at the same time monitoring the observance of legal requirements.

| 1.15 | Transparency and avoidance of conflicts of interests must be promoted by:






  — | introducing common procedures and standards for management and allocation of public funding, at all levels (both central and local); |
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1.15

Transparency and avoidance of conflicts of interests must be promoted by:

—

introducing common procedures and standards for management and allocation of public funding, at all levels (both central and local);

| — | strengthening the internal governance and working procedures of the Civil Society Support Agency, taking into account its remit, expectations of this sector and its need to interact with all the other structures designed to facilitate cooperation with and involvement of CSOs in decision-making, and particularly integration, processes; |
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—

strengthening the internal governance and working procedures of the Civil Society Support Agency, taking into account its remit, expectations of this sector and its need to interact with all the other structures designed to facilitate cooperation with and involvement of CSOs in decision-making, and particularly integration, processes;

| — | CSOs themselves improving their image and encouraging membership, civic engagement and volunteering. |
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—

CSOs themselves improving their image and encouraging membership, civic engagement and volunteering.

| 1.16 | To ensure financial viability and sustainability of the CSOs the EESC would recommend paying particular attention to:






  — | changes in the legal framework to encourage donations (fiscal incentives should be considered) and foster the development of corporate social responsibility, alongside awareness-raising actions and developing CSOs' capacity to appeal to the private sector; |
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1.16

To ensure financial viability and sustainability of the CSOs the EESC would recommend paying particular attention to:

—

changes in the legal framework to encourage donations (fiscal incentives should be considered) and foster the development of corporate social responsibility, alongside awareness-raising actions and developing CSOs' capacity to appeal to the private sector;

| — | CSOs should be made aware of the new fiscal provisions, particularly on VAT, as introduced in December 2014, and should monitor their implementation to assess the benefits and encourage NGOs to develop more economic and fund-raising activities; |
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—

CSOs should be made aware of the new fiscal provisions, particularly on VAT, as introduced in December 2014, and should monitor their implementation to assess the benefits and encourage NGOs to develop more economic and fund-raising activities;

| — | applying minimum qualitative standards and procedures in the administration and allocation of all public fund to CSOs, including at local level, in order to ensure equal access, non-discrimination and transparency; |
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—

applying minimum qualitative standards and procedures in the administration and allocation of all public fund to CSOs, including at local level, in order to ensure equal access, non-discrimination and transparency;

| — | strengthening the Civil Society Support Agency in terms of available resources and procedures (transparency of funding rules and use of resources, improving its public image and independence from any political influence or potential questioning on conflicts of interest). National funding should provide more institutional support for CSOs, including the social partners, as well as better communication with smaller communities and remote areas; |
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—

strengthening the Civil Society Support Agency in terms of available resources and procedures (transparency of funding rules and use of resources, improving its public image and independence from any political influence or potential questioning on conflicts of interest). National funding should provide more institutional support for CSOs, including the social partners, as well as better communication with smaller communities and remote areas;

| — | building capacity and empowering local organisations that apply transparency and ethical standards, operate independently and pursue long-term results and strategic vision, as potential administrators of EU assistance in case of decentralised management of funding; |
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—

building capacity and empowering local organisations that apply transparency and ethical standards, operate independently and pursue long-term results and strategic vision, as potential administrators of EU assistance in case of decentralised management of funding;

| — | introducing an appropriate mechanism enabling government to design, deliver and evaluate public social services in cooperation with CSOs. The government can contract services offered by CSOs complementing those offered by public authorities, taking stock of ongoing reforms of social care and local government. Capacity-building should cover both sides: the CSOs in developing and applying nationally recognised standards of service provision and local government in building trust and cooperation with CSOs and developing appropriate procedures to ensure transparent allocation of funds. |
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—

introducing an appropriate mechanism enabling government to design, deliver and evaluate public social services in cooperation with CSOs. The government can contract services offered by CSOs complementing those offered by public authorities, taking stock of ongoing reforms of social care and local government. Capacity-building should cover both sides: the CSOs in developing and applying nationally recognised standards of service provision and local government in building trust and cooperation with CSOs and developing appropriate procedures to ensure transparent allocation of funds.

2.   Background

| 2.1 | Albania was identified as a potential candidate for EU membership during the Thessaloniki European Council Summit in June 2003. Albania has benefited from the EU's autonomous trade measures since 2000, with additional trade preferences granted under the Stabilisation and Association Agreement (SAA) signed in 2006. Albania submitted its application for EU membership in 2009. |
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2.1

Albania was identified as a potential candidate for EU membership during the Thessaloniki European Council Summit in June 2003. Albania has benefited from the EU's autonomous trade measures since 2000, with additional trade preferences granted under the Stabilisation and Association Agreement (SAA) signed in 2006. Albania submitted its application for EU membership in 2009.

| 2.2 | The five key priorities for opening of accession negotiations were highlighted by the EC in the 2013 Progress Report: public administration reform; independence, efficiency and accountability of the judiciary; combating corruption; combating organised crime; and protection of human rights (including protection of the Roma, anti-discrimination policies, and implementation of property rights). The government's roadmap on the five key priorities was adopted in May 2014. |
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2.2

The five key priorities for opening of accession negotiations were highlighted by the EC in the 2013 Progress Report: public administration reform; independence, efficiency and accountability of the judiciary; combating corruption; combating organised crime; and protection of human rights (including protection of the Roma, anti-discrimination policies, and implementation of property rights). The government's roadmap on the five key priorities was adopted in May 2014.

| 2.3 | In November 2013, the Albanian parliament issued a resolution on the country's EU accession, endorsing a number of measures relevant to EU integration. The Parliamentary Committee on European Integration monitored the government's roadmap on the five key priorities and also exercised its oversight role through hearings with the Minister for European Integration. |
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2.3

In November 2013, the Albanian parliament issued a resolution on the country's EU accession, endorsing a number of measures relevant to EU integration. The Parliamentary Committee on European Integration monitored the government's roadmap on the five key priorities and also exercised its oversight role through hearings with the Minister for European Integration.

| 2.4 | The reaffirmed support of the Albanian government and parliament for the EU integration process contributed significantly to Albania being granted EU candidate status on 27 June 2014. |
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2.4

The reaffirmed support of the Albanian government and parliament for the EU integration process contributed significantly to Albania being granted EU candidate status on 27 June 2014.

| 2.5 | Nevertheless, the second half of 2014 was marked by a confrontational political climate which hampered progress on reforms and the effective implementation of measures undertaken with a view to Albania's accession. In December 2014, an agreement between government and opposition, supported by the European Parliament, paved the way for restoring political dialogue in parliament. |
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2.5

Nevertheless, the second half of 2014 was marked by a confrontational political climate which hampered progress on reforms and the effective implementation of measures undertaken with a view to Albania's accession. In December 2014, an agreement between government and opposition, supported by the European Parliament, paved the way for restoring political dialogue in parliament.

| 2.6 | A High Level Dialogue (HLD) on Key Priorities was launched in November 2013, as a tool for organising EU-Albania cooperation and helping Albania maintain focus and consensus on EU integration. The establishment in September 2014 of the Joint Working Groups between Albania and the EC on the key priorities should bring consistency in monitoring the progress of the reforms and promote inclusiveness in the debates and access to expert and qualitative information. |
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2.6

A High Level Dialogue (HLD) on Key Priorities was launched in November 2013, as a tool for organising EU-Albania cooperation and helping Albania maintain focus and consensus on EU integration. The establishment in September 2014 of the Joint Working Groups between Albania and the EC on the key priorities should bring consistency in monitoring the progress of the reforms and promote inclusiveness in the debates and access to expert and qualitative information.

| 2.7 | The legislation on the establishment of the National Council of European Integration was adopted in early March 2015. It is important to make this consultation mechanism functional and inclusive, ensuring that CSOs brought into the Council, including social partners, are representative and selected transparently. |
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2.7

The legislation on the establishment of the National Council of European Integration was adopted in early March 2015. It is important to make this consultation mechanism functional and inclusive, ensuring that CSOs brought into the Council, including social partners, are representative and selected transparently.

3.   Political, economic and social developments

| 3.1 | Albania maintained macroeconomic stability over the years of the global financial and economic crisis, but still faces significant challenges. The main economic problems remain the high unemployment (18,3 % in the first quarter of 2014) and the prevalence of informal employment (75 %), undermining the economy as a whole, weakening the state budget and leaving employees without any social protection. Nearly one in three young people are unemployed. These problems, as well as corruption, are the main factors causing Albanians to emigrate. Since Albanians have been able travel abroad, one third of the population has migrated to other countries. |
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3.1

Albania maintained macroeconomic stability over the years of the global financial and economic crisis, but still faces significant challenges. The main economic problems remain the high unemployment (18,3 % in the first quarter of 2014) and the prevalence of informal employment (75 %), undermining the economy as a whole, weakening the state budget and leaving employees without any social protection. Nearly one in three young people are unemployed. These problems, as well as corruption, are the main factors causing Albanians to emigrate. Since Albanians have been able travel abroad, one third of the population has migrated to other countries.

| 3.2 | Agriculture covers 19,5 % of GDP and is still the largest provider of employment (44,6 % of total employment in 2013). 98,2 % of the 3 03  802 agricultural holdings in Albania are family farms, with very low productivity. Investment in agriculture is still undermined by lack of clarity with respect to land ownership titles. |
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3.2

Agriculture covers 19,5 % of GDP and is still the largest provider of employment (44,6 % of total employment in 2013). 98,2 % of the 3 03  802 agricultural holdings in Albania are family farms, with very low productivity. Investment in agriculture is still undermined by lack of clarity with respect to land ownership titles.

| 3.3 | Albania has ratified 80 treaties and conventions of the Council of Europe (CoE). Still, the latest report of the CoE's Commissioner for Human Rights (2) highlights the problem of the high level of corruption in the judiciary, the slow pace of implementation of judgments of the European Court of Human Rights, and shortcomings in legal aid legislation, which are hindering effective access to justice, especially for vulnerable people. |
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3.3

Albania has ratified 80 treaties and conventions of the Council of Europe (CoE). Still, the latest report of the CoE's Commissioner for Human Rights (2) highlights the problem of the high level of corruption in the judiciary, the slow pace of implementation of judgments of the European Court of Human Rights, and shortcomings in legal aid legislation, which are hindering effective access to justice, especially for vulnerable people.

| 3.4 | Albania has ratified 53 ILO conventions (46 are in force), including all the fundamental and core conventions. However, the Committee of Experts on the Application of Conventions and Recommendations (CEACR) has pointed out numerous implementation gaps. The 2014 observation addresses the trafficking of children for labour or sexual exploitation as an issue of practical concern, despite efforts made by national authorities to promote different legislative measures. |
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3.4

Albania has ratified 53 ILO conventions (46 are in force), including all the fundamental and core conventions. However, the Committee of Experts on the Application of Conventions and Recommendations (CEACR) has pointed out numerous implementation gaps. The 2014 observation addresses the trafficking of children for labour or sexual exploitation as an issue of practical concern, despite efforts made by national authorities to promote different legislative measures.

| 3.5 | The EESC believes Albania to be a multicultural and multi-faith country where cultural, religious and minority rights are protected, and every effort must be made to preserve these attributes. Inter-ethnic relations are good, but improvements are still needed to legislation on minority rights. The European Charter for Regional or Minority Languages is yet to be adopted. The EESC laments the irregularities observed by the Council of Europe Advisory Committee during the 2011 census in connection with the optional questions about nationality and religion. The EESC therefore calls on the Albanian authorities not to rely exclusively on these data when determining its policies. |
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3.5

The EESC believes Albania to be a multicultural and multi-faith country where cultural, religious and minority rights are protected, and every effort must be made to preserve these attributes. Inter-ethnic relations are good, but improvements are still needed to legislation on minority rights. The European Charter for Regional or Minority Languages is yet to be adopted. The EESC laments the irregularities observed by the Council of Europe Advisory Committee during the 2011 census in connection with the optional questions about nationality and religion. The EESC therefore calls on the Albanian authorities not to rely exclusively on these data when determining its policies.

| 3.6 | The Roma and Egyptian peoples continue to endure very difficult living conditions and frequent social exclusion and discrimination, particularly regarding access to health care, social protection, education, employment and housing. |
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3.6

The Roma and Egyptian peoples continue to endure very difficult living conditions and frequent social exclusion and discrimination, particularly regarding access to health care, social protection, education, employment and housing.

| 3.7 | The anti-discrimination legal and institutional framework has improved, mainly as a result of the adoption in 2010 of the Law on Protection from Discrimination and the nomination of the Commissioner for Protection from Discrimination. The increasing number of Commissioner's recommendations must be followed up, whilst resources are allocated to increase public awareness on the existence of the law and the respective complaint mechanism. |
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3.7

The anti-discrimination legal and institutional framework has improved, mainly as a result of the adoption in 2010 of the Law on Protection from Discrimination and the nomination of the Commissioner for Protection from Discrimination. The increasing number of Commissioner's recommendations must be followed up, whilst resources are allocated to increase public awareness on the existence of the law and the respective complaint mechanism.

| 3.8 | The Ombudsman's Office has actively engaged in promoting human rights and its activity is appreciated. Therefore, Albanian authorities must ensure stronger political and financial support to allow the Office to continue its duties in effective manner, maintaining its independence and freedom of political influences. Follow-up on the Ombudsman's recommendations must be improved, including the latest recommendation connected to the public administration reform, which led to an increased number of complaints related to job removals from public institutions (3). |
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3.8

The Ombudsman's Office has actively engaged in promoting human rights and its activity is appreciated. Therefore, Albanian authorities must ensure stronger political and financial support to allow the Office to continue its duties in effective manner, maintaining its independence and freedom of political influences. Follow-up on the Ombudsman's recommendations must be improved, including the latest recommendation connected to the public administration reform, which led to an increased number of complaints related to job removals from public institutions (3).

| 3.9 | Efforts are appreciated related to female representation at central level (six female ministers out of 19, approximately 17 % of MPs are female) and the framework created for addressing domestic violence. Nevertheless, further work is required to create a more enabling environment for women to advance in political and public positions, to remove the remaining gender-discriminatory provisions in legislative acts, mainly the gender pay gap or access to entrepreneurship and credit. |
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3.9

Efforts are appreciated related to female representation at central level (six female ministers out of 19, approximately 17 % of MPs are female) and the framework created for addressing domestic violence. Nevertheless, further work is required to create a more enabling environment for women to advance in political and public positions, to remove the remaining gender-discriminatory provisions in legislative acts, mainly the gender pay gap or access to entrepreneurship and credit.

| 3.10 | The adoption of the National Employment and Skills Strategy 2014-2020 is welcomed, but sustained efforts are required to advance with planned measures and ensure funding for its implementation, including the effective use of the IPA II allocation (EUR 30 million). |
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3.10

The adoption of the National Employment and Skills Strategy 2014-2020 is welcomed, but sustained efforts are required to advance with planned measures and ensure funding for its implementation, including the effective use of the IPA II allocation (EUR 30 million).

4.   The situation and role of civil society organisations

| 4.1 | Freedom of assembly and association is a constitutional right and generally respected. CSOs acknowledge and exercise their freedom of expression without interference. Nevertheless, media freedom will remain a challenge until the transparency of its financing and interference of political and economic interests have been addressed. Implementation of the Law on Audiovisual Media should be speeded up and the independence of the media regulator (Audiovisual Media Authority) must be guaranteed in practice. |
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4.1

Freedom of assembly and association is a constitutional right and generally respected. CSOs acknowledge and exercise their freedom of expression without interference. Nevertheless, media freedom will remain a challenge until the transparency of its financing and interference of political and economic interests have been addressed. Implementation of the Law on Audiovisual Media should be speeded up and the independence of the media regulator (Audiovisual Media Authority) must be guaranteed in practice.

| 4.2 | The Albanian CSO sector remains fragmented and relatively underdeveloped. There are still no reliable official figures on the total number of registered NGOs (4), and even fewer on the active ones (5). Based on 2013 INSTAT figures, there are 2  110 registered NGOs and international organisations. Based on TACSO estimates (2011), of the approximately 3  000 registered CSOs, roughly 450 were active. |
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4.2

The Albanian CSO sector remains fragmented and relatively underdeveloped. There are still no reliable official figures on the total number of registered NGOs (4), and even fewer on the active ones (5). Based on 2013 INSTAT figures, there are 2  110 registered NGOs and international organisations. Based on TACSO estimates (2011), of the approximately 3  000 registered CSOs, roughly 450 were active.

| 4.3 | CSOs are most strongly represented in larger cities, primarily in Tirana, and less in remote districts or rural areas. Involvement of grassroots organisations, particularly outside the capital, remains a challenge to be addressed as a core financing priority for both national and EU financial assistance, i.e. encouraging the use of institutional support in national financial schemes for CSOs, developing a resource centre or reliable local NGOs focused on community-building, supporting participatory processes to address local community issues, promoting the values of CSOs and of volunteering. |
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4.3

CSOs are most strongly represented in larger cities, primarily in Tirana, and less in remote districts or rural areas. Involvement of grassroots organisations, particularly outside the capital, remains a challenge to be addressed as a core financing priority for both national and EU financial assistance, i.e. encouraging the use of institutional support in national financial schemes for CSOs, developing a resource centre or reliable local NGOs focused on community-building, supporting participatory processes to address local community issues, promoting the values of CSOs and of volunteering.

| 4.4 | Donor strategies and funding priorities have to a certain extent influenced the areas where Albanian CSOs are active. At first, CSOs were more successful in providing services to vulnerable groups, in education, and in promoting human rights and women's rights, whereas in recent years the focus on advocacy through civic groups, think tanks and human rights organisations has become more visible and effective: human trafficking, the prison system, the environment, children's rights, social inclusion and poverty alleviation, domestic violence, youth involvement and LGBT rights. The active and professional involvement of CSOs in monitoring government commitments in core areas for EU accession, i.e. judicial reform, reform of the administration, public financial management and transparent public funding, should be further supported, including through provision of EU assistance to the country. |
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4.4

Donor strategies and funding priorities have to a certain extent influenced the areas where Albanian CSOs are active. At first, CSOs were more successful in providing services to vulnerable groups, in education, and in promoting human rights and women's rights, whereas in recent years the focus on advocacy through civic groups, think tanks and human rights organisations has become more visible and effective: human trafficking, the prison system, the environment, children's rights, social inclusion and poverty alleviation, domestic violence, youth involvement and LGBT rights. The active and professional involvement of CSOs in monitoring government commitments in core areas for EU accession, i.e. judicial reform, reform of the administration, public financial management and transparent public funding, should be further supported, including through provision of EU assistance to the country.

| 4.5 | The presence of CSOs in critical areas of public life, where they have become proactively involved in decision and policy-making, has resulted in a number of successes as regards the development of national strategies and legislation affecting CSOs. Coalitions and network-building should be further supported as a means of increasing sectoral integration, building a stronger voice in civic and social dialogue, and becoming a stronger partner for public bodies and the private sector. |
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4.5

The presence of CSOs in critical areas of public life, where they have become proactively involved in decision and policy-making, has resulted in a number of successes as regards the development of national strategies and legislation affecting CSOs. Coalitions and network-building should be further supported as a means of increasing sectoral integration, building a stronger voice in civic and social dialogue, and becoming a stronger partner for public bodies and the private sector.

| 4.6 | Despite the lack of legal recognition, Albanian CSOs engaged in setting up social enterprises. Their number is small, but public policies should recognise and support the promotion and development of social entrepreneurship, as nurtured from grassroots level. Social enterprises bring added value in creating jobs for disadvantaged people, have the ability to provide innovative solutions to social needs and better use local communities' potential. |
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4.6

Despite the lack of legal recognition, Albanian CSOs engaged in setting up social enterprises. Their number is small, but public policies should recognise and support the promotion and development of social entrepreneurship, as nurtured from grassroots level. Social enterprises bring added value in creating jobs for disadvantaged people, have the ability to provide innovative solutions to social needs and better use local communities' potential.

| 4.7 | The recent adoption of the new law on access to information (September 2014) and the new law on notification and consultation (October 2014) are positive developments that should be closely monitored, to ensure that they are accompanied by relevant structures and mechanisms for systematic and transparent processes of consultation and dialogue between public authorities and CSOs. The substantive preparatory work for the law on the protection of whistle-blowers is acknowledged and, before adoption, it should closely consider the administrative capacity to implement and raise awareness of the specific provisions. |
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4.7

The recent adoption of the new law on access to information (September 2014) and the new law on notification and consultation (October 2014) are positive developments that should be closely monitored, to ensure that they are accompanied by relevant structures and mechanisms for systematic and transparent processes of consultation and dialogue between public authorities and CSOs. The substantive preparatory work for the law on the protection of whistle-blowers is acknowledged and, before adoption, it should closely consider the administrative capacity to implement and raise awareness of the specific provisions.

| 4.8 | The EESC appreciates the improvements noted in cooperation between public bodies and CSOs, and welcomes the ongoing public debate on the Roadmap for Albanian government policy for a more enabling environment for civil society development. The roadmap focuses on nine priority areas which take into account the objectives set out in the Guidelines for EU Support to Civil Society 2014-2020, which should be revised in order to better address the specific challenges faced by the social partners in the context of social dialogue. |
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4.8

The EESC appreciates the improvements noted in cooperation between public bodies and CSOs, and welcomes the ongoing public debate on the Roadmap for Albanian government policy for a more enabling environment for civil society development. The roadmap focuses on nine priority areas which take into account the objectives set out in the Guidelines for EU Support to Civil Society 2014-2020, which should be revised in order to better address the specific challenges faced by the social partners in the context of social dialogue.

| 4.9 | On 29 April 2014, the government approved the National Action Plan for 2014-2016 under the Open Government Partnership (OGP). Besides achieving the benchmarks under the Action Plan, it is important to step up efforts to raise awareness of OGP goals and values, particularly at local level. Cooperation with and effective input from the Coalition of CSOs for OGP should be continued. |
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4.9

On 29 April 2014, the government approved the National Action Plan for 2014-2016 under the Open Government Partnership (OGP). Besides achieving the benchmarks under the Action Plan, it is important to step up efforts to raise awareness of OGP goals and values, particularly at local level. Cooperation with and effective input from the Coalition of CSOs for OGP should be continued.

| 4.10 | Both the government and CSOs have identified as priorities the need to set up a National Council for Civil Society, a consultative body enabling regular dialogue between the government and CSOs and to develop a national strategy for creating an enabling environment for CSOs. |
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4.10

Both the government and CSOs have identified as priorities the need to set up a National Council for Civil Society, a consultative body enabling regular dialogue between the government and CSOs and to develop a national strategy for creating an enabling environment for CSOs.

| 4.11 | A sustainable and active civil society cannot exist without a solid culture of volunteering, which is poorly represented in Albania. Discussions on promoting a law on volunteering should be resumed, alongside core measures on raising awareness about the benefits of civic involvement and encouraging the general public to engage in volunteering. |
| --- | --- |

4.11

A sustainable and active civil society cannot exist without a solid culture of volunteering, which is poorly represented in Albania. Discussions on promoting a law on volunteering should be resumed, alongside core measures on raising awareness about the benefits of civic involvement and encouraging the general public to engage in volunteering.

5.   Social dialogue and social partner organisations

| 5.1 | Social dialogue is essential for economic development and to ensure the social cohesion that Albania requires. The main institutional platform for tripartite dialogue is the National Labour Council that was founded in 1996 and held four meetings in 2014 on specific topics. The Council is comprised of seven representatives of the Council of Ministers and ten representatives from employers' and employees' organisations, in line with just some of the representation criteria defined in ILO standards, which are still being discussed by the social partners. At local level, tripartite dialogue has developed in the area of employment through the offices of local councils and local employment offices at the regional reconciliation. The government and the social partners are discussing the possibility of developing a social and economic council as in other countries, in order to handle better economic issues. |
| --- | --- |

5.1

Social dialogue is essential for economic development and to ensure the social cohesion that Albania requires. The main institutional platform for tripartite dialogue is the National Labour Council that was founded in 1996 and held four meetings in 2014 on specific topics. The Council is comprised of seven representatives of the Council of Ministers and ten representatives from employers' and employees' organisations, in line with just some of the representation criteria defined in ILO standards, which are still being discussed by the social partners. At local level, tripartite dialogue has developed in the area of employment through the offices of local councils and local employment offices at the regional reconciliation. The government and the social partners are discussing the possibility of developing a social and economic council as in other countries, in order to handle better economic issues.

| 5.2 | There are 83 trade unions established and operating in Albania. Most of them are members of two confederations, while the rest are independent. The two biggest and most influential confederations are the Confederation of Trade Unions of Albania (KSSH) with 1 10  000 members, and the Union of Independent Trade Unions of Albania (BSPSH) with 84  000 members, which are represented in the National Labour Council by five members. Representing about 90 % of trade union membership in Albania, the KSSH and BSPSH are present in twelve regions and are mainly active in the sectors of education and science, the civil service, pensions, industry, agriculture, the food industry, public health, transportation, oil, construction, textiles, the craft industry, trade, metallurgy and the chemical industry, and telecommunications. Both are members of the ITUC and observers of the ETUC. The role of trade unions in Albania is essential to strengthen social dialogue. |
| --- | --- |

5.2

There are 83 trade unions established and operating in Albania. Most of them are members of two confederations, while the rest are independent. The two biggest and most influential confederations are the Confederation of Trade Unions of Albania (KSSH) with 1 10  000 members, and the Union of Independent Trade Unions of Albania (BSPSH) with 84  000 members, which are represented in the National Labour Council by five members. Representing about 90 % of trade union membership in Albania, the KSSH and BSPSH are present in twelve regions and are mainly active in the sectors of education and science, the civil service, pensions, industry, agriculture, the food industry, public health, transportation, oil, construction, textiles, the craft industry, trade, metallurgy and the chemical industry, and telecommunications. Both are members of the ITUC and observers of the ETUC. The role of trade unions in Albania is essential to strengthen social dialogue.

| 5.3 | Trade unions have typically grown in the public sector and in privatised enterprises (former state-owned enterprises), whereas representation is lower in the purely private sector. During 2014, trade unions stepped up their activity relating to employee protection and collective bargaining, but they have not managed to overcome their differences. Internal reforms to make trade unions more independent from political parties should be a priority. |
| --- | --- |

5.3

Trade unions have typically grown in the public sector and in privatised enterprises (former state-owned enterprises), whereas representation is lower in the purely private sector. During 2014, trade unions stepped up their activity relating to employee protection and collective bargaining, but they have not managed to overcome their differences. Internal reforms to make trade unions more independent from political parties should be a priority.

| 5.4 | Sectoral and bipartite dialogue are still weak, mainly because of the lack of a culture of dialogue, and employers' scepticism towards trade unions. Collective bargaining is more developed in urban areas, especially in Tirana, Durres and Vlora, because the largest businesses are concentrated in these cities/areas. |
| --- | --- |

5.4

Sectoral and bipartite dialogue are still weak, mainly because of the lack of a culture of dialogue, and employers' scepticism towards trade unions. Collective bargaining is more developed in urban areas, especially in Tirana, Durres and Vlora, because the largest businesses are concentrated in these cities/areas.

| 5.5 | Albania has a total of about 1 04  275 active businesses, half of which are based in the counties of Tirana and Durres. In 2012-2013, there were about 30 employers' organisations. ‘Business Albania’ was set up in 2010 as an umbrella organisation of employers, with 24 business associations alongside a number of individual companies (over 30  000 employers as part of association members). BiznesAlbania is a member of the NLC, the National Economic Council and the International Organization of Employers (IOE). Key players in the social dialogue, represented in the NLC, are also: the Albanian Agribusiness Council (KASH) with 12 regional councils and 21 national associations as members, and the Council of Employers Organizations of Albania (KOPSH) with 14 member federations, the majority of them active at national level. |
| --- | --- |

5.5

Albania has a total of about 1 04  275 active businesses, half of which are based in the counties of Tirana and Durres. In 2012-2013, there were about 30 employers' organisations. ‘Business Albania’ was set up in 2010 as an umbrella organisation of employers, with 24 business associations alongside a number of individual companies (over 30  000 employers as part of association members). BiznesAlbania is a member of the NLC, the National Economic Council and the International Organization of Employers (IOE). Key players in the social dialogue, represented in the NLC, are also: the Albanian Agribusiness Council (KASH) with 12 regional councils and 21 national associations as members, and the Council of Employers Organizations of Albania (KOPSH) with 14 member federations, the majority of them active at national level.

| 5.6 | Since 1995, the Union of Chambers of Commerce and Industry of Albania (70 members) has operated as a non-profit organisation to protect the interests of trade and industry nationwide and to provide central government with ideas and proposals for promoting trade and industry. It also coordinates the work of local Chambers and their relations with equivalent organisations in other countries. |
| --- | --- |

5.6

Since 1995, the Union of Chambers of Commerce and Industry of Albania (70 members) has operated as a non-profit organisation to protect the interests of trade and industry nationwide and to provide central government with ideas and proposals for promoting trade and industry. It also coordinates the work of local Chambers and their relations with equivalent organisations in other countries.

| 5.7 | As a structured mechanism to improve Government dialogue with the business community, the National Economic Council (NEC) was set up by law in 2014 (6). The NEC facilitates consultation processes and has an advisory role to the Government for economic policy decisions and practices. The regularity of NEC meetings is greatly appreciated, but efforts should be made on both sides to improve the efficiency of dialogue and the capacity of the NEC to monitor the Government's commitments towards the business environment. |
| --- | --- |

5.7

As a structured mechanism to improve Government dialogue with the business community, the National Economic Council (NEC) was set up by law in 2014 (6). The NEC facilitates consultation processes and has an advisory role to the Government for economic policy decisions and practices. The regularity of NEC meetings is greatly appreciated, but efforts should be made on both sides to improve the efficiency of dialogue and the capacity of the NEC to monitor the Government's commitments towards the business environment.

| 5.8 | Albania has ratified the eight core ILO labour conventions, but only modest progress has been made in the field of labour rights and trade unions. There are key areas where progress is needed: strengthening labour and trade union rights, ensuring that the government complies with and guarantees compliance with labour laws, and improving tripartite social dialogue. |
| --- | --- |

5.8

Albania has ratified the eight core ILO labour conventions, but only modest progress has been made in the field of labour rights and trade unions. There are key areas where progress is needed: strengthening labour and trade union rights, ensuring that the government complies with and guarantees compliance with labour laws, and improving tripartite social dialogue.

| 5.9 | The amended labour code has yet to be adopted and several gaps remain regarding conformity with international labour standards. Fundamental rights of workers are still regularly violated in Albania and the mechanisms for preventing and sanctioning those violations are not sufficiently effective. |
| --- | --- |

5.9

The amended labour code has yet to be adopted and several gaps remain regarding conformity with international labour standards. Fundamental rights of workers are still regularly violated in Albania and the mechanisms for preventing and sanctioning those violations are not sufficiently effective.

| 5.10 | It is vital that the social partners be better integrated into the Government's economic, social and employment policies, not least in view of the EU accession negotiations. They should also be involved in preparations for Albania's eligibility for the European Social Fund and other EU funds. Only then will it be possible for the Albanian social partners to effectively fulfil their future role in the forums of participatory democracy at EU level. |
| --- | --- |

5.10

It is vital that the social partners be better integrated into the Government's economic, social and employment policies, not least in view of the EU accession negotiations. They should also be involved in preparations for Albania's eligibility for the European Social Fund and other EU funds. Only then will it be possible for the Albanian social partners to effectively fulfil their future role in the forums of participatory democracy at EU level.

| 5.11 | The EESC supports the focus on growth and employment of the IPA 2015 assistance package for Albania and it recommends the EC to take into consideration the specific needs of the social partners when preparing future calls for proposals. Moreover, the social partners should be encouraged and, if possible trained, to be able to better prepare and apply for projects covered by European funding. |
| --- | --- |

5.11

The EESC supports the focus on growth and employment of the IPA 2015 assistance package for Albania and it recommends the EC to take into consideration the specific needs of the social partners when preparing future calls for proposals. Moreover, the social partners should be encouraged and, if possible trained, to be able to better prepare and apply for projects covered by European funding.

Brussels, 22 April 2015.

The President of the European Economic and Social Committee

Henri MALOSSE

---

(1)  The unit for civil society coordination within the Ministry of European Integration, the Agency for Support to Civil Society, the central civil society policy coordination unit within the Prime Minister’s Office, the units/contact persons in ministries/public bodies.

1

(2)  Report by Nils Muižnieks, Council of Europe Commissioner for Human Rights, following his visit to Albania from 23 to 27 September 2013.

2

(3)  According to the Office, 2  337 employees from 14 ministries were dismissed from public administration during the period from January to September 2014; a total of 816 dismissed employees (under both the civil service law and the labour code) have filed court proceedings with the administrative courts at regional level.

3

(4)  The Court of First Instance in Tirana is the public authority with sole responsibility for registering CSOs, but no electronic registry is publicly available.

4

(5)  The Ministry of European Integration has registered 140 NGOs for cooperation.

5

(6)  The NEC is chaired by the Prime Minister and includes among its members the six largest tax payers of the business community, four business organisations, and six personalities of national/world economy.

6

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| 4.9.2015 | EN | Official Journal of the European Union | C 291/29 |
| --- | --- | --- | --- |

4.9.2015

EN

Official Journal of the European Union

C 291/29

---

Opinion of the European Economic and Social Committee on Self-regulation and co-regulation in the Community legislative framework

(own-initiative opinion)

(2015/C 291/05)

| Rapporteur working alone: | Jorge PEGADO LIZ |
| --- | --- |

Rapporteur working alone:

Jorge PEGADO LIZ

On 10 July 2014, the European Economic and Social Committee, acting under Rule 29(2) of its Rules of Procedure, decided to draw up an opinion on

Self-regulation and co-regulation in the Community legislative framework (own-initiative opinion).

The Section for the Single Market, Production and Consumption, which was responsible for preparing the Committee’s work on the subject, adopted its opinion on 31 March 2015.

At its 507th plenary session, held on 22 and 23 April 2015 (meeting of 22 April), the European Economic and Social Committee adopted the following opinion by 117 votes to 46 with 9 abstentions.

1.   Conclusions and recommendations

| 1.1. | Self-regulation and co-regulation are mechanisms for regulating economic and social relations or commercial practices among the various economic stakeholders; they may be decided spontaneously or be imposed. |
| --- | --- |

1.1.

Self-regulation and co-regulation are mechanisms for regulating economic and social relations or commercial practices among the various economic stakeholders; they may be decided spontaneously or be imposed.

| 1.2. | They should be viewed as important instruments for complementing or supplementing hard law, but not as an alternative to it unless there are ‘fundamental rules’ providing a sufficient enabling basis. |
| --- | --- |

1.2.

They should be viewed as important instruments for complementing or supplementing hard law, but not as an alternative to it unless there are ‘fundamental rules’ providing a sufficient enabling basis.

| 1.3. | Neither the EU treaties nor Member States’ constitutions provide any such enabling basis. |
| --- | --- |

1.3.

Neither the EU treaties nor Member States’ constitutions provide any such enabling basis.

| 1.4. | In order for them to be a valid, recognised regulatory instrument in any legal system, their configuration and ambit must be defined by specific precepts that are legally binding and enforceable, whether at national or Community level, respecting at the same time the nature of these instruments, especially the voluntary agreement of the participants. |
| --- | --- |

1.4.

In order for them to be a valid, recognised regulatory instrument in any legal system, their configuration and ambit must be defined by specific precepts that are legally binding and enforceable, whether at national or Community level, respecting at the same time the nature of these instruments, especially the voluntary agreement of the participants.

| 1.5. | The parameters for recognising these regulatory instruments must be quite clear, as must the principles governing them and their limits as an accessory regulatory instrument in the legal system concerned. |
| --- | --- |

1.5.

The parameters for recognising these regulatory instruments must be quite clear, as must the principles governing them and their limits as an accessory regulatory instrument in the legal system concerned.

| 1.6. | Irrespective of the sectors involved, and without prejudice to the establishment of specific requirements in special cases, these general principles for both self-regulation and co-regulation should include the following:






  a) | Compliance with EU and international law, including international trade agreements |
| --- | --- | --- |

1.6.

Irrespective of the sectors involved, and without prejudice to the establishment of specific requirements in special cases, these general principles for both self-regulation and co-regulation should include the following:

a)

Compliance with EU and international law, including international trade agreements

| b) | Transparency and publicity |
| --- | --- |

b)

Transparency and publicity

| c) | Representativeness of the parties concerned |
| --- | --- |

c)

Representativeness of the parties concerned

| d) | Prior consultation of the parties directly concerned |
| --- | --- |

d)

Prior consultation of the parties directly concerned

| e) | Added value for the general interest |
| --- | --- |

e)

Added value for the general interest

| f) | Non-applicability






  — | when the definition of fundamental rights is at stake |
| --- | --- | --- |

f)

Non-applicability

—

when the definition of fundamental rights is at stake

| — | or in situations where the rules must be applied uniformly in all the Member States |
| --- | --- |

—

or in situations where the rules must be applied uniformly in all the Member States

| g) | Being subject to control by Community and national judicial bodies |
| --- | --- |

g)

Being subject to control by Community and national judicial bodies

| h) | Monitoring of the degree and success of their implementation, using objective criteria and reliable indicators defined in advance and specified according to sectors and objectives |
| --- | --- |

h)

Monitoring of the degree and success of their implementation, using objective criteria and reliable indicators defined in advance and specified according to sectors and objectives

| i) | Checks and follow-up of their implementation by preventive measures or sanctions, in order to ensure their effectiveness |
| --- | --- |

i)

Checks and follow-up of their implementation by preventive measures or sanctions, in order to ensure their effectiveness

| j) | Provision of a system of fines or other penalties, such as expulsion or loss of accreditation of participants |
| --- | --- |

j)

Provision of a system of fines or other penalties, such as expulsion or loss of accreditation of participants

| k) | Possibility of periodic review in the light of changing situations, legislation and the aspirations of their signatories |
| --- | --- |

k)

Possibility of periodic review in the light of changing situations, legislation and the aspirations of their signatories

| l) | Clear identification of financing sources. |
| --- | --- |

l)

Clear identification of financing sources.

| 1.7. | The Interinstitutional Agreement (IIA) is an important step in defining the scope of self-regulation and co-regulation at Community level. |
| --- | --- |

1.7.

The Interinstitutional Agreement (IIA) is an important step in defining the scope of self-regulation and co-regulation at Community level.

| 1.8. | A review of it should






  a) | identify a binding legal base; |
| --- | --- | --- |

1.8.

A review of it should

a)

identify a binding legal base;

| b) | structure the IIA as a specific instrument under the terms of Article 295 TFEU; |
| --- | --- |

b)

structure the IIA as a specific instrument under the terms of Article 295 TFEU;

| c) | redefine basic concepts in line with the most recent guidance in the field, which distinguishes self-regulation and co-regulation and recognises intermediate forms such as those promoted by EU recommendations and communications; |
| --- | --- |

c)

redefine basic concepts in line with the most recent guidance in the field, which distinguishes self-regulation and co-regulation and recognises intermediate forms such as those promoted by EU recommendations and communications;

| d) | stipulate clearly that it must be possible for any ensuing disputes to be dealt with by extra-judicial dispute settlement systems. |
| --- | --- |

d)

stipulate clearly that it must be possible for any ensuing disputes to be dealt with by extra-judicial dispute settlement systems.

| 1.9. | The EESC also thinks that the agreement could usefully be supplemented by a recommendation to the Member States encouraging them to adopt the same principles and precepts at national level. |
| --- | --- |

1.9.

The EESC also thinks that the agreement could usefully be supplemented by a recommendation to the Member States encouraging them to adopt the same principles and precepts at national level.

| 1.10. | The EESC calls on the Commission, the European Parliament, the Council and the Member States to give priority to revising the IIA as proposed in this opinion, and to refer the proposed revision to it for an opinion. |
| --- | --- |

1.10.

The EESC calls on the Commission, the European Parliament, the Council and the Member States to give priority to revising the IIA as proposed in this opinion, and to refer the proposed revision to it for an opinion.

2.   Introduction: purpose

| 2.1. | In various fields and in a number of national and international bodies, self-regulation and co-regulation have long been considered a vital supplement to regulation by other bodies, in order to ensure that a range of economic and social activities are properly regulated. |
| --- | --- |

2.1.

In various fields and in a number of national and international bodies, self-regulation and co-regulation have long been considered a vital supplement to regulation by other bodies, in order to ensure that a range of economic and social activities are properly regulated.

| 2.2. | At EU level, it is the EESC — chiefly through its Single Market Observatory — which has been the most committed in defining and highlighting the role of self-regulation and co-regulation: it has referred to them in numerous opinions, especially those issued by the INT section (1). To assist in its work, in March 2008 under the auspices of the SMO it set up a database on self-regulation and co-regulation which it has kept updated with the various national and EU experiences in this field. |
| --- | --- |

2.2.

At EU level, it is the EESC — chiefly through its Single Market Observatory — which has been the most committed in defining and highlighting the role of self-regulation and co-regulation: it has referred to them in numerous opinions, especially those issued by the INT section (1). To assist in its work, in March 2008 under the auspices of the SMO it set up a database on self-regulation and co-regulation which it has kept updated with the various national and EU experiences in this field.

| 2.3. | The subject has in the meantime been dealt with in depth in academic circles, by eminent professors, especially in the field of contract law, corporate governance, social responsibility, internet, e-commerce, product safety, professional services, the environment, advertising and the audiovisual sector in the single market. |
| --- | --- |

2.3.

The subject has in the meantime been dealt with in depth in academic circles, by eminent professors, especially in the field of contract law, corporate governance, social responsibility, internet, e-commerce, product safety, professional services, the environment, advertising and the audiovisual sector in the single market.

| 2.4. | However, what is still lacking is a political-legislative discussion to clearly define the legal framework that should govern the operation of these instruments at EU level. This should specify their legal nature, lay down conditions for their validity, define their areas of application, clarify links with hard law, and set down their limits in a consistent, coherent and harmonised framework. |
| --- | --- |

2.4.

However, what is still lacking is a political-legislative discussion to clearly define the legal framework that should govern the operation of these instruments at EU level. This should specify their legal nature, lay down conditions for their validity, define their areas of application, clarify links with hard law, and set down their limits in a consistent, coherent and harmonised framework.

3.   Concepts and definitions

| 3.1. | ‘Straight regulation’ is generally understood as the body of rules created by states or governments, and produced by the traditional democratic systems of nation-states and their equivalents in supranational institutions based on democratic elections, such as acts passed by the US Congress or the regulations and directives of the European Union. It generally denotes legislation in the wide sense, laid down by the legislative authority or by the executive where so authorised; its provisions are accompanied by coercive means for enforcing them, if necessary by force, and by civil or penal measures to punish failure to comply with them (‘hard law’). |
| --- | --- |

3.1.

‘Straight regulation’ is generally understood as the body of rules created by states or governments, and produced by the traditional democratic systems of nation-states and their equivalents in supranational institutions based on democratic elections, such as acts passed by the US Congress or the regulations and directives of the European Union. It generally denotes legislation in the wide sense, laid down by the legislative authority or by the executive where so authorised; its provisions are accompanied by coercive means for enforcing them, if necessary by force, and by civil or penal measures to punish failure to comply with them (‘hard law’).

| 3.2. | The concept of self-regulation has its origins in behavioural psychology. When applied to the economic sphere, it broadly denotes the adoption by economic operators of certain rules of conduct among themselves or in relation to third parties in the market and in society, adherence to which is agreed among themselves, without any external coercive mechanisms. |
| --- | --- |

3.2.

The concept of self-regulation has its origins in behavioural psychology. When applied to the economic sphere, it broadly denotes the adoption by economic operators of certain rules of conduct among themselves or in relation to third parties in the market and in society, adherence to which is agreed among themselves, without any external coercive mechanisms.

| 3.3. | A range of types of self-regulation have developed, with a variety of more or less scientific classification criteria, more particularly:






  a) | Original or delegated self-regulation. Depending on the rules drawn up, this may simply entail a self-commitment on the part of the interested parties (also known as ‘private self-regulation’), or may instead involve a higher governing body (the state, regulatory and sectoral bodies, European Union) which sets certain binding parameters (also known as ‘public self-regulation’); |
| --- | --- | --- |

3.3.

A range of types of self-regulation have developed, with a variety of more or less scientific classification criteria, more particularly:

a)

Original or delegated self-regulation. Depending on the rules drawn up, this may simply entail a self-commitment on the part of the interested parties (also known as ‘private self-regulation’), or may instead involve a higher governing body (the state, regulatory and sectoral bodies, European Union) which sets certain binding parameters (also known as ‘public self-regulation’);

| b) | Legal, customary or case-law-based self-regulation, whose source lies in law, particularly constitutional or supranational law (e.g. Community law), traditional ‘market practices and customs’, today termed ‘good practice’, or law reports; |
| --- | --- |

b)

Legal, customary or case-law-based self-regulation, whose source lies in law, particularly constitutional or supranational law (e.g. Community law), traditional ‘market practices and customs’, today termed ‘good practice’, or law reports;

| c) | National or transnational self-regulation (also known as ‘private transnational regulation’), depending on whether it only covers domestic matters or derives from agreements signed by private operators, businesses, NGOs or independent experts setting technical standards, interacting with international or intergovernmental organisations. |
| --- | --- |

c)

National or transnational self-regulation (also known as ‘private transnational regulation’), depending on whether it only covers domestic matters or derives from agreements signed by private operators, businesses, NGOs or independent experts setting technical standards, interacting with international or intergovernmental organisations.

| 3.4. | Lastly, co-regulation generally refers to a form of regulation of stakeholders that is promoted, guided or controlled by a third party which is either an official body or an independent regulatory authority, normally with oversight and monitoring powers and in some cases with the power to impose sanctions. |
| --- | --- |

3.4.

Lastly, co-regulation generally refers to a form of regulation of stakeholders that is promoted, guided or controlled by a third party which is either an official body or an independent regulatory authority, normally with oversight and monitoring powers and in some cases with the power to impose sanctions.

| 3.5. | Although often considered to be synonymous, codes of ethics and codes of practice reflect two separate concepts which need to be kept distinct. |
| --- | --- |

3.5.

Although often considered to be synonymous, codes of ethics and codes of practice reflect two separate concepts which need to be kept distinct.

| 3.6. | Both concepts involve a compilation of rules or standards deriving from self-regulation or co-regulation processes, and represent the most sophisticated method of translating the interested parties’ agreement thereon; they aim to make the set of rules and the way they are applied transparent and accessible to all interested parties. |
| --- | --- |

3.6.

Both concepts involve a compilation of rules or standards deriving from self-regulation or co-regulation processes, and represent the most sophisticated method of translating the interested parties’ agreement thereon; they aim to make the set of rules and the way they are applied transparent and accessible to all interested parties.

| 3.7. | However, codes of ethics concern deontological standards for the exercise of certain professions whose practitioners are empowered to regulate themselves under national laws or international provisions governing the exercise of the free professions (doctors, lawyers, journalists and so on). |
| --- | --- |

3.7.

However, codes of ethics concern deontological standards for the exercise of certain professions whose practitioners are empowered to regulate themselves under national laws or international provisions governing the exercise of the free professions (doctors, lawyers, journalists and so on).

| 3.8. | Codes of practice apply rather to the compilation of self-regulation or co-regulation provisions in the sense used in the present opinion. |
| --- | --- |

3.8.

Codes of practice apply rather to the compilation of self-regulation or co-regulation provisions in the sense used in the present opinion.

4.   The current EU legal framework for self-regulation and co-regulation

A)   The concepts of ‘better lawmaking’, ‘smart regulation’ and ‘simplification’

| 4.1. | At EU level, it was not until the March 2002 Lisbon European Council that the European Commission launched an initiative under the general heading of ‘Better regulation’, based on the June 2002 Action Plan for Better Regulation (2) and followed by the major interinstitutional agreement between the European Parliament, the Council and the Commission on better lawmaking (3). |
| --- | --- |

4.1.

At EU level, it was not until the March 2002 Lisbon European Council that the European Commission launched an initiative under the general heading of ‘Better regulation’, based on the June 2002 Action Plan for Better Regulation (2) and followed by the major interinstitutional agreement between the European Parliament, the Council and the Commission on better lawmaking (3).

| 4.2. | Better — and, if possible, less — lawmaking has been an abiding objective of single market policy (4). It has been consistently supported by the EESC in various opinions (5), with the aim of finding the best ways to make the legislative environment more user-friendly and understandable to business, workers, consumers and civil society organisations. |
| --- | --- |

4.2.

Better — and, if possible, less — lawmaking has been an abiding objective of single market policy (4). It has been consistently supported by the EESC in various opinions (5), with the aim of finding the best ways to make the legislative environment more user-friendly and understandable to business, workers, consumers and civil society organisations.

| 4.3. | The EESC has commented in detail on these issues, both in response to Commission proposals and also by putting forward its own innovative suggestions, such as The proactive law approach: a further step towards better regulation at EU level
   (6). |
| --- | --- |

4.3.

The EESC has commented in detail on these issues, both in response to Commission proposals and also by putting forward its own innovative suggestions, such as The proactive law approach: a further step towards better regulation at EU level
   (6).

B)   The position of self-regulation and co-regulation in the current Community legal framework

| 4.4. | Excepting the abovementioned Interinstitutional Agreement on better lawmaking, it must be acknowledged that the question of self-regulation and co-regulation was relatively absent from the Commission initiatives and concerns listed above (7). |
| --- | --- |

4.4.

Excepting the abovementioned Interinstitutional Agreement on better lawmaking, it must be acknowledged that the question of self-regulation and co-regulation was relatively absent from the Commission initiatives and concerns listed above (7).

| 4.5. | A number of important aspects of this text should be highlighted:






  a) | The reopening of the question of the interpretation of the principles of subsidiarity and proportionality now enshrined in Article 5 of the TEU and in its Protocol No 2, in the light of which the use of self- and co-regulation mechanisms should be approached. |
| --- | --- | --- |

4.5.

A number of important aspects of this text should be highlighted:

a)

The reopening of the question of the interpretation of the principles of subsidiarity and proportionality now enshrined in Article 5 of the TEU and in its Protocol No 2, in the light of which the use of self- and co-regulation mechanisms should be approached.

| b) | Making these mechanisms part of the Better Regulation programme, with a view to ‘legislating less to legislate better’; |
| --- | --- |

b)

Making these mechanisms part of the Better Regulation programme, with a view to ‘legislating less to legislate better’;

| c) | The clear distinction between both of these mechanisms and the ‘open method of coordination’ (OMC), the scope of which is specified in Article 6 TFEU. |
| --- | --- |

c)

The clear distinction between both of these mechanisms and the ‘open method of coordination’ (OMC), the scope of which is specified in Article 6 TFEU.

| d) | Similarly, the clear distinction between these mechanisms with regard to what is usually known as soft law (8), such as preparatory or information acts (e.g. white and green papers, action plans and programmes), interpretative acts such as the De Minimis Communication on competition law (9), conclusions, declarations, resolutions and, lastly, recommendations and opinions, covered by Article 288 TFEU (10). |
| --- | --- |

d)

Similarly, the clear distinction between these mechanisms with regard to what is usually known as soft law (8), such as preparatory or information acts (e.g. white and green papers, action plans and programmes), interpretative acts such as the De Minimis Communication on competition law (9), conclusions, declarations, resolutions and, lastly, recommendations and opinions, covered by Article 288 TFEU (10).

| 4.6. | However, by its nature, this ‘agreement’ represents little more than an interinstitutional ‘undertaking’ and does not in itself lay any legal obligation on third parties (11). On the other hand, especially with regard to self-regulation, the Commission considers that the Community institutions must abstain from such voluntary initiatives (12) and should simply verify whether the practices enshrined in it are in keeping with the provisions of the Treaty. |
| --- | --- |

4.6.

However, by its nature, this ‘agreement’ represents little more than an interinstitutional ‘undertaking’ and does not in itself lay any legal obligation on third parties (11). On the other hand, especially with regard to self-regulation, the Commission considers that the Community institutions must abstain from such voluntary initiatives (12) and should simply verify whether the practices enshrined in it are in keeping with the provisions of the Treaty.

| 4.7. | Regarding co-regulation, for which the IIA appears to express a clear preference, the institutions intend to promote agreements between stakeholders, defining the bounds of such agreements in legislative acts, verifying that they comply with fundamental legislative texts and with the rules governing their drafting, and monitoring their application. There are however no more than ten or so cases in which this intention has been borne out (13). |
| --- | --- |

4.7.

Regarding co-regulation, for which the IIA appears to express a clear preference, the institutions intend to promote agreements between stakeholders, defining the bounds of such agreements in legislative acts, verifying that they comply with fundamental legislative texts and with the rules governing their drafting, and monitoring their application. There are however no more than ten or so cases in which this intention has been borne out (13).

| 4.8. | In any event, the IIA does not effectively define a legal framework for the use by the EU of these mechanisms, except for:






  a) | the guarantee of their transparency, |
| --- | --- | --- |

4.8.

In any event, the IIA does not effectively define a legal framework for the use by the EU of these mechanisms, except for:

a)

the guarantee of their transparency,

| b) | their non-application when fundamental rights or major policy options are at stake, |
| --- | --- |

b)

their non-application when fundamental rights or major policy options are at stake,

| c) | or in situations where the rules must be applied uniformly in all the Member States. |
| --- | --- |

c)

or in situations where the rules must be applied uniformly in all the Member States.

| 4.9. | At the European Parliament, this question has been highlighted in a number of resolutions, as well as in the abovementioned report by the Committee on Constitutional Affairs on the Interinstitutional Agreement on better lawmaking between the European Parliament, the Council and the Commission (14). |
| --- | --- |

4.9.

At the European Parliament, this question has been highlighted in a number of resolutions, as well as in the abovementioned report by the Committee on Constitutional Affairs on the Interinstitutional Agreement on better lawmaking between the European Parliament, the Council and the Commission (14).

| 4.10. | A wide variety of EESC opinions have stressed the advantages, but also limitations and tightly and clearly circumscribed objectives, of the use of self-regulation and co-regulation (15). The EESC’s thinking on this subject may be summarised as follows:






  a) | Self-regulation must comply with the law and be supported by the law; it must be capable of implementation, verification and control; it must also be effective and provide clear channels for redress, particularly across borders. |
| --- | --- | --- |

4.10.

A wide variety of EESC opinions have stressed the advantages, but also limitations and tightly and clearly circumscribed objectives, of the use of self-regulation and co-regulation (15). The EESC’s thinking on this subject may be summarised as follows:

a)

Self-regulation must comply with the law and be supported by the law; it must be capable of implementation, verification and control; it must also be effective and provide clear channels for redress, particularly across borders.

| b) | Co-regulation combines the elements of legislation, more especially in its predictable and binding nature, with the more flexible regime of self-regulation. The challenge for co-regulation is to define, maintain and preserve policy goals while allowing for greater flexibility in the regulatory framework. |
| --- | --- |

b)

Co-regulation combines the elements of legislation, more especially in its predictable and binding nature, with the more flexible regime of self-regulation. The challenge for co-regulation is to define, maintain and preserve policy goals while allowing for greater flexibility in the regulatory framework.

| c) | In a democratic political framework, private regulation must generally represent a development or application of public regulation, possibly replacing it in specific areas. This would include unwritten rules originating in customary practice or internal rules that the legislator and the public authorities intend, explicitly or implicitly, to enforce: codes of conduct for certain professions, for example. |
| --- | --- |

c)

In a democratic political framework, private regulation must generally represent a development or application of public regulation, possibly replacing it in specific areas. This would include unwritten rules originating in customary practice or internal rules that the legislator and the public authorities intend, explicitly or implicitly, to enforce: codes of conduct for certain professions, for example.

| d) | The success of co-regulation and self-regulation depends on several factors: the account they take of the general interest, the transparency of the system, the representativeness and skill of those involved, the existence of assessment and supervision mechanisms and the effectiveness of the monitoring — including sanctions if necessary — and a mutual spirit of partnership between the parties concerned and the public authorities and society in general. |
| --- | --- |

d)

The success of co-regulation and self-regulation depends on several factors: the account they take of the general interest, the transparency of the system, the representativeness and skill of those involved, the existence of assessment and supervision mechanisms and the effectiveness of the monitoring — including sanctions if necessary — and a mutual spirit of partnership between the parties concerned and the public authorities and society in general.

| e) | Co-regulation and self-regulation offer many advantages: they remove barriers to the single market, they simplify rules, they can be implemented flexibly and quickly, they free up legislative capacity and ensure the co-responsibility of the stakeholders involved. |
| --- | --- |

e)

Co-regulation and self-regulation offer many advantages: they remove barriers to the single market, they simplify rules, they can be implemented flexibly and quickly, they free up legislative capacity and ensure the co-responsibility of the stakeholders involved.

| f) | They also have their limits, which depend primarily on effective monitoring and sanctions, certainty as to whether the parties subscribe to the codes of conduct agreed and total compatibility with all existing legal rules and on the need for an adequate legislative framework in areas affecting health, safety and services of general interest. |
| --- | --- |

f)

They also have their limits, which depend primarily on effective monitoring and sanctions, certainty as to whether the parties subscribe to the codes of conduct agreed and total compatibility with all existing legal rules and on the need for an adequate legislative framework in areas affecting health, safety and services of general interest.

5.   The role of regulation, self-regulation and co-regulation: definition and legal basis

a)   The need for a legal basis

| 5.1. | The European Union’s founding text defines it as a community of law, reflecting the well-known concept of the rule of law. In a community of law, the validity of any rule depends on an enabling provision which must first be present in the founding text and subsequently in the various legislative acts that make up the regulatory pyramid. |
| --- | --- |

5.1.

The European Union’s founding text defines it as a community of law, reflecting the well-known concept of the rule of law. In a community of law, the validity of any rule depends on an enabling provision which must first be present in the founding text and subsequently in the various legislative acts that make up the regulatory pyramid.

| 5.2. | The EU’s founding text is now composed of the TEU and TFEU treaties, with equal legal value (Article 1, para 3 TEU) and the European Charter of Fundamental Rights, which is now an intrinsic part of it and also has the same legal value (Article 6 TEU). Any EU legal act must have its foundation or legal basis in a precept of this founding text, whether this concerns direct competence to legislate, or a delegation of that competence (delegated acts and implementing acts governed by Articles 290 and 291 TFEU). |
| --- | --- |

5.2.

The EU’s founding text is now composed of the TEU and TFEU treaties, with equal legal value (Article 1, para 3 TEU) and the European Charter of Fundamental Rights, which is now an intrinsic part of it and also has the same legal value (Article 6 TEU). Any EU legal act must have its foundation or legal basis in a precept of this founding text, whether this concerns direct competence to legislate, or a delegation of that competence (delegated acts and implementing acts governed by Articles 290 and 291 TFEU).

| 5.3. | The only competences accorded to the EU in the Treaty are those conferred on it by the Member States under the principle of conferral (Articles 4(1) and 5(2) TEU); these competences may be exclusive or shared (Article 2(1) and (2) TFEU), and their interpretation and application are limited by the principles of subsidiarity and proportionality (Article 5(3) and (4) TEU). |
| --- | --- |

5.3.

The only competences accorded to the EU in the Treaty are those conferred on it by the Member States under the principle of conferral (Articles 4(1) and 5(2) TEU); these competences may be exclusive or shared (Article 2(1) and (2) TFEU), and their interpretation and application are limited by the principles of subsidiarity and proportionality (Article 5(3) and (4) TEU).

| 5.4. | The EU may only delegate the exercise of its legislative competence when specifically authorised to do so, and may only delegate the powers conferred on it (Article 13(2) TEU). |
| --- | --- |

5.4.

The EU may only delegate the exercise of its legislative competence when specifically authorised to do so, and may only delegate the powers conferred on it (Article 13(2) TEU).

| 5.5. | The recognition by the EU institutions (Council, Parliament and Commission) of an ‘alternative’ area to their legislative competence can only be understood as a ‘delegation’ of the powers conferred. Accordingly, in order for this to be valid as ‘Community law’, it is vital that this possibility of delegation be clearly provided for in the founding texts, although the relevant implementing arrangements and requirements can be left to secondary legislation. |
| --- | --- |

5.5.

The recognition by the EU institutions (Council, Parliament and Commission) of an ‘alternative’ area to their legislative competence can only be understood as a ‘delegation’ of the powers conferred. Accordingly, in order for this to be valid as ‘Community law’, it is vital that this possibility of delegation be clearly provided for in the founding texts, although the relevant implementing arrangements and requirements can be left to secondary legislation.

| 5.6. | In fact, no such legal basis can be found, either explicitly or implicitly, in the founding texts, including the European Charter of Fundamental Rights, not even with a very broad interpretation of Article 11 TEU. |
| --- | --- |

5.6.

In fact, no such legal basis can be found, either explicitly or implicitly, in the founding texts, including the European Charter of Fundamental Rights, not even with a very broad interpretation of Article 11 TEU.

| 5.7. | Lastly, the IIA does not, of itself, constitute a source of Community law; nor does it authorise, with binding effect on third parties, any delegation of powers resulting from the IIA definition of the use of alternative regulation mechanisms ‘in suitable cases or where the Treaty does not specifically require the use of a legal instrument’ (point 16). |
| --- | --- |

5.7.

Lastly, the IIA does not, of itself, constitute a source of Community law; nor does it authorise, with binding effect on third parties, any delegation of powers resulting from the IIA definition of the use of alternative regulation mechanisms ‘in suitable cases or where the Treaty does not specifically require the use of a legal instrument’ (point 16).

| 5.8. | Irrespective of the ‘legitimation’ sought in various secondary law instruments and the more or less detailed definition of the principles and conditions that such mechanisms must respect in order to be recognised at EU level by the institutions with legislative power, what is lacking is an enabling provision authorising these institutions to delegate their legislative power to such mechanisms, as a legitimate alternative to the Community regulatory instruments defined in the Treaties. |
| --- | --- |

5.8.

Irrespective of the ‘legitimation’ sought in various secondary law instruments and the more or less detailed definition of the principles and conditions that such mechanisms must respect in order to be recognised at EU level by the institutions with legislative power, what is lacking is an enabling provision authorising these institutions to delegate their legislative power to such mechanisms, as a legitimate alternative to the Community regulatory instruments defined in the Treaties.

b)   Specific instrument for defining self-regulation and co-regulation

| 5.9. | A separate issue is whether, rather than treating such mechanisms as an alternative to EU legislative competence, they should be used as a means of completing or supplementing that legislation, within a legal framework established and defined in advance with total transparency. |
| --- | --- |

5.9.

A separate issue is whether, rather than treating such mechanisms as an alternative to EU legislative competence, they should be used as a means of completing or supplementing that legislation, within a legal framework established and defined in advance with total transparency.

| 5.10. | The EESC considers that this framework must be defined as a general rule on the basis of the Treaties and the Charter of Fundamental Rights, and not left to discretion on a case-by-case basis for each secondary or subordinate legislative act. |
| --- | --- |

5.10.

The EESC considers that this framework must be defined as a general rule on the basis of the Treaties and the Charter of Fundamental Rights, and not left to discretion on a case-by-case basis for each secondary or subordinate legislative act.

| 5.11. | This definition should be contained in a specific, binding interinstitutional agreement under Article 295 TFEU, with its application subject to possible scrutiny by the Court of Justice. |
| --- | --- |

5.11.

This definition should be contained in a specific, binding interinstitutional agreement under Article 295 TFEU, with its application subject to possible scrutiny by the Court of Justice.

| 5.12. | Additionally, and as it is up to the EU to ‘advise’ Member States to follow the model established at EU level in their national legal systems for forms of self-regulation and co-regulation at national, regional or local level, the EESC considers that the appropriate instrument would be a recommendation setting out the principles and requirements laid down in the new IIA and advising Member States to adopt and implement them at those levels in their domestic legal system. |
| --- | --- |

5.12.

Additionally, and as it is up to the EU to ‘advise’ Member States to follow the model established at EU level in their national legal systems for forms of self-regulation and co-regulation at national, regional or local level, the EESC considers that the appropriate instrument would be a recommendation setting out the principles and requirements laid down in the new IIA and advising Member States to adopt and implement them at those levels in their domestic legal system.

| 5.13. | Lastly, the EESC considers that as the representative body of organised civil society (Article 304 TFEU), it should be consulted on the terms of this new agreement. |
| --- | --- |

5.13.

Lastly, the EESC considers that as the representative body of organised civil society (Article 304 TFEU), it should be consulted on the terms of this new agreement.

c)   Redefining basic concepts

| 5.14. | The new IIA should redefine the concepts, types and methods of self-regulation and co-regulation so that they more accurately reflect the actual situation. |
| --- | --- |

5.14.

The new IIA should redefine the concepts, types and methods of self-regulation and co-regulation so that they more accurately reflect the actual situation.

| 5.15. | In fact, the concepts of co-regulation and self-regulation found in the current IIA do not tally with any recognised legal concepts, and do not properly distinguish the two types of arrangement in the light of differences in the legal systems they come under. |
| --- | --- |

5.15.

In fact, the concepts of co-regulation and self-regulation found in the current IIA do not tally with any recognised legal concepts, and do not properly distinguish the two types of arrangement in the light of differences in the legal systems they come under.

| 5.16. | Moreover, the two types defined in the IIA do not provide a full picture. For example, they do not cover certain arrangements which are the result of a combination of soft law (e.g. recommendations) or private agreements (e.g. round tables), or private transnational regulatory agreements. |
| --- | --- |

5.16.

Moreover, the two types defined in the IIA do not provide a full picture. For example, they do not cover certain arrangements which are the result of a combination of soft law (e.g. recommendations) or private agreements (e.g. round tables), or private transnational regulatory agreements.

| 5.17. | Lastly, the IIA omits the role that Community regulatory bodies should have as an independent ‘third party’ not involved in the framing and negotiation of co-regulation agreements, as occurs with various regulators at national level in a number of sectors. |
| --- | --- |

5.17.

Lastly, the IIA omits the role that Community regulatory bodies should have as an independent ‘third party’ not involved in the framing and negotiation of co-regulation agreements, as occurs with various regulators at national level in a number of sectors.

d)   Basic principles and essential requirements

| 5.18. | The future IIA should devote more attention to the clear and precise definition of a general set of basic principles and essential requirements which self-regulation and co-regulation mechanisms must meet in order to be recognised and/or recommended by the EU. |
| --- | --- |

5.18.

The future IIA should devote more attention to the clear and precise definition of a general set of basic principles and essential requirements which self-regulation and co-regulation mechanisms must meet in order to be recognised and/or recommended by the EU.

| 5.19. | It should be noted that forms of self-regulation could be created at EU level outside the IIA framework, based on freedom of bargaining and of association, which are totally legitimate if they comply with the general principles of EU law but can only be recognised in the IIA framework if they meet the requirements laid down therein. |
| --- | --- |

5.19.

It should be noted that forms of self-regulation could be created at EU level outside the IIA framework, based on freedom of bargaining and of association, which are totally legitimate if they comply with the general principles of EU law but can only be recognised in the IIA framework if they meet the requirements laid down therein.

| 5.20. | The current IIA already identifies some of these (as mentioned above) which should be kept; however, they could perhaps be better defined, especially as regards the cases identified as non-applicable when fundamental rights are at stake, in relation to major policy options, or in situations where the rules must be applied uniformly in all Member States. |
| --- | --- |

5.20.

The current IIA already identifies some of these (as mentioned above) which should be kept; however, they could perhaps be better defined, especially as regards the cases identified as non-applicable when fundamental rights are at stake, in relation to major policy options, or in situations where the rules must be applied uniformly in all Member States.

| 5.21. | However, theoreticians and the experience of various economic players have identified a whole series of other principles and requirements, which may be summarised as follows:






  a) | Self-regulation and co-regulation must be grounded in a general interest approach and must not simply be for the benefit of regulatory bodies. |
| --- | --- | --- |

5.21.

However, theoreticians and the experience of various economic players have identified a whole series of other principles and requirements, which may be summarised as follows:

a)

Self-regulation and co-regulation must be grounded in a general interest approach and must not simply be for the benefit of regulatory bodies.

| b) | They must always respect all existing legal and judicial requirements in Europe, starting with the objectives and provisions of the EU Treaty, the Charter of Fundamental Rights of the European Union, and the European Convention on Human Rights. They must also be compatible with international law and international trade agreements, especially the provisions laid down by the WTO. |
| --- | --- |

b)

They must always respect all existing legal and judicial requirements in Europe, starting with the objectives and provisions of the EU Treaty, the Charter of Fundamental Rights of the European Union, and the European Convention on Human Rights. They must also be compatible with international law and international trade agreements, especially the provisions laid down by the WTO.

| c) | They must be subject to judicial review by EU and national courts. |
| --- | --- |

c)

They must be subject to judicial review by EU and national courts.

| d) | They must be transparent, providing practical information that is accessible to all, without difficulty or prohibitive costs, and their objectives should be stated clearly and unequivocally. |
| --- | --- |

d)

They must be transparent, providing practical information that is accessible to all, without difficulty or prohibitive costs, and their objectives should be stated clearly and unequivocally.

| e) | Their achievement should be measurable using objective criteria and reliable indicators defined in advance by the Commission by means of ex ante or ex post impact studies; these could either be carried out directly or entrusted to duly certified public or private independent assessors. |
| --- | --- |

e)

Their achievement should be measurable using objective criteria and reliable indicators defined in advance by the Commission by means of ex ante or ex post impact studies; these could either be carried out directly or entrusted to duly certified public or private independent assessors.

| f) | The representative nature of the partners should ensure that the rules agreed on are properly enforced and that the provisions are credible and effective. Their representativeness should be proportionate to the sector concerned, at inter-trade or sectoral level, as well as to the scope of the provisions adopted; if necessary, these can be assessed both quantitatively (number and proportion of members in the organisation) and, above all, in terms of quality (the ability to act on the ground, to legitimise and then ensure compliance with the provisions adopted). |
| --- | --- |

f)

The representative nature of the partners should ensure that the rules agreed on are properly enforced and that the provisions are credible and effective. Their representativeness should be proportionate to the sector concerned, at inter-trade or sectoral level, as well as to the scope of the provisions adopted; if necessary, these can be assessed both quantitatively (number and proportion of members in the organisation) and, above all, in terms of quality (the ability to act on the ground, to legitimise and then ensure compliance with the provisions adopted).

| g) | Prior consultation of the parties directly affected is also key to demonstrating the value and quality of the requirements, as well as their effectiveness. |
| --- | --- |

g)

Prior consultation of the parties directly affected is also key to demonstrating the value and quality of the requirements, as well as their effectiveness.

| h) | Supervision, evaluation and follow-up of self-regulation and co-regulation mechanisms should involve preventive measures or sanctions, in order to ensure their effectiveness. This means:






  1. | Mechanisms for self-monitoring and internal disciplinary measures, including ex ante impact assessments (16) |
| --- | --- | --- |

h)

Supervision, evaluation and follow-up of self-regulation and co-regulation mechanisms should involve preventive measures or sanctions, in order to ensure their effectiveness. This means:

1.

Mechanisms for self-monitoring and internal disciplinary measures, including ex ante impact assessments (16)

| 2. | Databases to ensure more effective monitoring (17) |
| --- | --- |

2.

Databases to ensure more effective monitoring (17)

| 3. | Adoption of a certification label or quality mark (18) |
| --- | --- |

3.

Adoption of a certification label or quality mark (18)

| 4. | Conclusion of national codes implementing the EU code of conduct (19) |
| --- | --- |

4.

Conclusion of national codes implementing the EU code of conduct (19)

| 5. | Establishment of technical specifications in parallel with standards (20) |
| --- | --- |

5.

Establishment of technical specifications in parallel with standards (20)

| 6. | Drawing up practical guides on implementation (21) |
| --- | --- |

6.

Drawing up practical guides on implementation (21)

| 7. | Provision of a system of financial (fines) or other penalties, such as loss of accreditation or expulsion |
| --- | --- |

7.

Provision of a system of financial (fines) or other penalties, such as loss of accreditation or expulsion

| i) | Lastly, self-regulation and co-regulation mechanisms should be periodically reviewed and adapted in the light of changing situations, legislation and the aspirations of their signatories. |
| --- | --- |

i)

Lastly, self-regulation and co-regulation mechanisms should be periodically reviewed and adapted in the light of changing situations, legislation and the aspirations of their signatories.

| 5.22. | In order to strike the requisite balance between legal certainty and flexibility, the Commission will also need to decide whether these structural elements of the mechanisms should be set out in the IIA itself or in an appendix, which would have the same legal value but could be easier to update, subject to a guarantee that all stakeholders would be consulted. |
| --- | --- |

5.22.

In order to strike the requisite balance between legal certainty and flexibility, the Commission will also need to decide whether these structural elements of the mechanisms should be set out in the IIA itself or in an appendix, which would have the same legal value but could be easier to update, subject to a guarantee that all stakeholders would be consulted.

| 5.23. | This general definition should still make it possible (as should be explicitly stated in the IIA) for each legislative instrument that provides for the use of these mechanisms to lay down specific conditions and requirements for the sector concerned, as is already the case in various regulations and directives referring to them. |
| --- | --- |

5.23.

This general definition should still make it possible (as should be explicitly stated in the IIA) for each legislative instrument that provides for the use of these mechanisms to lay down specific conditions and requirements for the sector concerned, as is already the case in various regulations and directives referring to them.

e)   Main priority fields of application

| 5.24. | The EESC does not consider, in principle, that whole sectors should be excluded. |
| --- | --- |

5.24.

The EESC does not consider, in principle, that whole sectors should be excluded.

| 5.25. | However, it recognises that there are some sectors which, for cyclical reasons, have to be treated more cautiously or made subject to more precise terms and conditions for the use of self-regulation and co-regulation. This applies in particular to financial services, public services and services of general interest, and certain areas which, although not directly referring to fundamental rights, involve the way these rights are exercised, e.g. consumer rights as mentioned in various EESC opinions. |
| --- | --- |

5.25.

However, it recognises that there are some sectors which, for cyclical reasons, have to be treated more cautiously or made subject to more precise terms and conditions for the use of self-regulation and co-regulation. This applies in particular to financial services, public services and services of general interest, and certain areas which, although not directly referring to fundamental rights, involve the way these rights are exercised, e.g. consumer rights as mentioned in various EESC opinions.

| 5.26. | The preferred areas mainly concern corporate governance and social responsibility and economic relations. |
| --- | --- |

5.26.

The preferred areas mainly concern corporate governance and social responsibility and economic relations.

| 5.27. | The EESC thus welcomes recent Commission initiatives such as the CoP platform (Pilot Community of Practice for better self- and co-regulation), based on the Commission communication on corporate social responsibility (22), or the support for the agreement among major web companies for a safer internet, as well as those resulting from the e-commerce Directive (23) and those indicated in various Community instruments. |
| --- | --- |

5.27.

The EESC thus welcomes recent Commission initiatives such as the CoP platform (Pilot Community of Practice for better self- and co-regulation), based on the Commission communication on corporate social responsibility (22), or the support for the agreement among major web companies for a safer internet, as well as those resulting from the e-commerce Directive (23) and those indicated in various Community instruments.

f)   Pros and cons

| 5.28. | Previous EESC opinions have pointed out the benefits of self-regulation and co-regulation mechanisms. The main benefits noted in these are: removing obstacles to the single market, simplifying laws, flexible and speedy application, freeing up legislative circuits, and shared responsibility of participants. |
| --- | --- |

5.28.

Previous EESC opinions have pointed out the benefits of self-regulation and co-regulation mechanisms. The main benefits noted in these are: removing obstacles to the single market, simplifying laws, flexible and speedy application, freeing up legislative circuits, and shared responsibility of participants.

| 5.29. | However, they also have their limits, which depend primarily on effective monitoring and sanctions and total compatibility with all existing legal rules, and on the need for an adequate legislative framework in areas affecting health, safety and services of general interest, as mentioned in these opinions (24). |
| --- | --- |

5.29.

However, they also have their limits, which depend primarily on effective monitoring and sanctions and total compatibility with all existing legal rules, and on the need for an adequate legislative framework in areas affecting health, safety and services of general interest, as mentioned in these opinions (24).

g)   Alternative dispute resolution

| 5.30. | After a long and difficult gestation, extra-judicial dispute settlement systems are now regulated at Community level under the ODR Regulation and ADR Directive (25), pending implementation in the various Member States. |
| --- | --- |

5.30.

After a long and difficult gestation, extra-judicial dispute settlement systems are now regulated at Community level under the ODR Regulation and ADR Directive (25), pending implementation in the various Member States.

| 5.31. | Whilst theoretically not essential for the establishment of self-regulation and co-regulation mechanisms, the EESC recommends that the future IIA should stipulate as a conformity requirement that these mechanisms should always include provision for possible out-of-court alternative dispute resolution in accordance with the abovementioned Community instruments. |
| --- | --- |

5.31.

Whilst theoretically not essential for the establishment of self-regulation and co-regulation mechanisms, the EESC recommends that the future IIA should stipulate as a conformity requirement that these mechanisms should always include provision for possible out-of-court alternative dispute resolution in accordance with the abovementioned Community instruments.

h)   Role of the Community institutions, the Member States and civil society

| 5.32. | All parties in the legislative process have specific responsibilities to assume for implementing these instruments. |
| --- | --- |

5.32.

All parties in the legislative process have specific responsibilities to assume for implementing these instruments.

| 5.33. | Firstly, the Commission must take the initiative to open negotiations with the European Parliament and the Council on reviewing the current IIA along the lines set out here. |
| --- | --- |

5.33.

Firstly, the Commission must take the initiative to open negotiations with the European Parliament and the Council on reviewing the current IIA along the lines set out here.

| 5.34. | Civil society, and in particular the EESC, should be consulted on the terms of this negotiation, and the final text of the agreement should be referred to the EESC prior to its official adoption. |
| --- | --- |

5.34.

Civil society, and in particular the EESC, should be consulted on the terms of this negotiation, and the final text of the agreement should be referred to the EESC prior to its official adoption.

| 5.35. | Member States should also express their views, through their parliaments and using the powers conferred by the Treaties for scrutiny of subsidiarity and proportionality, and national governments should undertake to apply the same principles in their domestic legal systems. |
| --- | --- |

5.35.

Member States should also express their views, through their parliaments and using the powers conferred by the Treaties for scrutiny of subsidiarity and proportionality, and national governments should undertake to apply the same principles in their domestic legal systems.

| 5.36. | Lastly, the Court of Justice and national courts must be given the requisite powers and means for checking the legality of the measures adopted. |
| --- | --- |

5.36.

Lastly, the Court of Justice and national courts must be given the requisite powers and means for checking the legality of the measures adopted.

Brussels, 22 April 2015.

The President of the European Economic and Social Committee

Henri MALOSSE

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(1)  http://www.eesc.europa.eu/?i=portal.en.int-opinions&itemCode=32858

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(2)  European Governance — A White Paper, COM(2001) 428 final, in OJ C 287, 12.10.2001, and the Communications on Better Lawmaking, COM(2002) 275, 276, 277 and 278 final of 5 June 2002.

2

(3)  On this question, it is useful to see the following articles by Linda A.J. Senden: Soft Law, Self Regulation and Co-regulation in European Law: Where Do They Meet? (in Electronic Journal of Comparative Law, Vol. 9, 1 January 2005) and Soft law and its implications for institutional balance in the EC (in Utrecht Law Review, IGITUR, Vol 1, No 2, December 2005, p. 79).

3

Soft Law, Self Regulation and Co-regulation in European Law: Where Do They Meet?

(4)  See the SLIM project — Simpler Legislation for the Internal Market (COM(90) 559 final and COM(2000) 104 final).

4

impler Legislation for the Internal Market

(5)  http://www.eesc.europa.eu/?i=portal.en.int-opinions&itemCode=32858

5

(6)  OJ C 175, 28.7.2009, p. 26.

6

(7)  In particular the successive annual reports on monitoring the application of Community law, several reports on the strategy for the simplification of the regulatory environment, and the frequent strategic reviews of the EU’s Better Regulation programme. Noteworthy exceptions are the references made in the Commission working document — First progress report on the strategy for the simplification of the regulatory environment, Brussels, COM(2006) 690 final, 14.11.2006.

7

(8)  See the definition in Linda Senden, Soft law and its implications for institutional balance in the EC in Utrecht Law Review, IGITUR, Vol 1, No 2, December 2005, p. 79).

8

(9)  Doc. C(2014) 4136 final, 25.6.2014.

9

(10)  The Commission is referring to instruments of this type, rather than self-regulation or co-regulation, in for example its Communication on Tax policy in the European Union — Priorities for the years ahead (COM(2001) 260 final, OJ C 284, 10.10.2001, p. 6), point 4.3 in particular.

10

(11)  As Linda Senden explains in Soft Law, Self Regulation and Co-regulation in European Law: Where Do They Meet?, quoted above: ‘As regards the Interinstitutional Agreement on better law-making, its having at least binding force inter partes can be defended on the basis of two arguments. Firstly, it contains a number of rather compelling terms (“agree”, “will”), which can be said to express the intention of the institutions to enter into a binding commitment. A confirmation of this intention can also be seen in its points 37 and 38 on the implementation and monitoring of the Agreement, providing, inter alia: “the three institutions will take the necessary steps to ensure that their staff have the means and resources required for the proper implementation of the provisions of this Agreement” (point (38). Secondly, where “agreed acts” are specifically intended to reinforce interinstitutional cooperation such as the Interinstitutional Agreement at issue here, it can be argued that there is a specific duty of cooperation which in conjunction with the duty of sincere cooperation laid down in Article 10 EC may actually lead to the conclusion that such an agreed act must be considered binding upon the concluding parties’.

11

Soft Law, Self Regulation and Co-regulation in European Law: Where Do They Meet?,

‘As regards the Interinstitutional Agreement on better law-making, its having at least binding force inter partes can be defended on the basis of two arguments. Firstly, it contains a number of rather compelling terms (“agree”, “will”), which can be said to express the intention of the institutions to enter into a binding commitment. A confirmation of this intention can also be seen in its points 37 and 38 on the implementation and monitoring of the Agreement, providing,

“the three institutions will take the necessary steps to ensure that their staff have the means and resources required for the proper implementation of the provisions of this Agreement” (point (38). Secondly, where “agreed acts” are specifically intended to reinforce interinstitutional cooperation such as the Interinstitutional Agreement at issue here, it can be argued that there is a specific duty of cooperation which in conjunction with the duty of sincere cooperation laid down in Article 10 EC may actually lead to the conclusion that such an agreed act must be considered binding upon the concluding parties’.

(12)  As clearly set out in the Commission’s 2002 Action plan, ‘unlike co-regulation, self-regulation does not involve a legislative act’ (COM(2002) 278 final, p. 11).

12

‘unlike co-regulation, self-regulation does not involve a legislative act’

(13)  Including the following:

13

| a) | The Resolution of the Council and the Representatives of the Governments of the Member States meeting within the Council of 1 December 1997 on a code of conduct for business taxation. |
| --- | --- |

a)

The Resolution of the Council and the Representatives of the Governments of the Member States meeting within the Council of 1 December 1997 on a code of conduct for business taxation.

| b) | Regulation (EC) No 80/2009 on a Code of Conduct for computerised reservation systems, OJ L 35, 4.2.2009, p. 47. For further examples, see: http://www.eesc.europa.eu/?i=portal.en.int-opinions&itemCode=32859 |
| --- | --- |

b)

Regulation (EC) No 80/2009 on a Code of Conduct for computerised reservation systems, OJ L 35, 4.2.2009, p. 47. For further examples, see: http://www.eesc.europa.eu/?i=portal.en.int-opinions&itemCode=32859

(14)  Rapporteur: Monica Frassoni (A5-0313/2003 of 25 September 2003).

14

(15)  Particular reference should be made to the positions held by the EESC in the following opinions:

15

| — | OJ C 14, 16.1.2001, p. 1, on Simplifying rules in the single market (SMO); |
| --- | --- |

—

OJ C 14, 16.1.2001, p. 1, on Simplifying rules in the single market (SMO);

Simplifying rules in the single market (SMO)

| — | OJ C 48, 21.2.2002, p. 130, on Simplification (additional opinion); |
| --- | --- |

—

OJ C 48, 21.2.2002, p. 130, on Simplification (additional opinion);

Simplification

| — | OJ C 112, 30.4.2004, p. 4; |
| --- | --- |

—

OJ C 112, 30.4.2004, p. 4;

| — | OJ C 255, 14.10.2005, p. 22, on Priorities of the Single Market 2005-2010; |
| --- | --- |

—

OJ C 255, 14.10.2005, p. 22, on Priorities of the Single Market 2005-2010;

Priorities of the Single Market 2005-2010

| — | OJ C 24, 31.1.2006, p. 52, on How to improve the implementation and enforcement of EU legislation; |
| --- | --- |

—

OJ C 24, 31.1.2006, p. 52, on How to improve the implementation and enforcement of EU legislation;

How to improve the implementation and enforcement of EU legislation

and in particular the information report of 24 January 2005.

(16)  Here we should mention:

16

a self-monitoring mechanism established by the EFCA to ensure implementation of the 1992 Code of Conduct for engineering firms and consultancies;

the binding provisions of a code of ethics for EU lawyers, adopted in 1988 by the European Bar Association;

a disciplinary committee established by a code of conduct for asset managers to ensure its implementation and, if appropriate, decide on sanctions such as warnings, reprimands or proposals to disbar;

the European Advertising Standards Alliance (EASA), set up in 1992 to coordinate and promote self-regulation in the advertising industry;

monitoring by the BDI (Bundesverband der Deutschen Industrie) of the proper implementation of the agreement concluded in 1995 in Berlin between government and businesses on the conditions and monitoring of the reduction of CO2 emissions in Germany, in accordance with the Kyoto Agreement.

Bundesverband der Deutschen Industrie

2

(17)  One such database for engineering training establishments was set up in 1987 by the European Federation of National Engineering Associations (FEANI), in application of a European code of ethics which ensures the mutual recognition of training and qualifications; it has 30  000 members.

17

(18)  For example: the mark created by members of the European Insurance Committee to certify application of a European code of good practice for the internet; and security marks for e-commerce, following on from the code of conduct on distance selling.

18

(19)  As occurred with the implementation of a European code of conduct adopted in 1995 and amended in 2004, by the Federation of European Direct Selling Associations.

19

(20)  For example, the quantified requirements to reduce the energy consumption of washing machines, agreed on in 1999 by the European Committee of Domestic Equipment Manufacturers (CECED) in conjunction with the European Commission.

20

(21)  Examples are:

21

| — | the training standards established, by means of a guide, pursuant to a code of professional rules for European conservators/restorers; |
| --- | --- |

—

the training standards established, by means of a guide, pursuant to a code of professional rules for European conservators/restorers;

| — | the user’s guide for internet service providers drawn up in 2001 by the Milan Chamber of Commerce to promote good practice in this field. |
| --- | --- |

—

the user’s guide for internet service providers drawn up in 2001 by the Milan Chamber of Commerce to promote good practice in this field.

(22)  COM(2011) 681 final.

22

(23)  Directive 2000/31/EC (OJ L 178, 17.7.2000, p. 1).

23

(24)  Information report INT/204 of 24.1.2005 on the State of co-regulation and self-regulation in the Single Market.

24

(25)  Regulation (EU) No 524/2013 and Directive 2013/11/EU in OJ L 165, 18.6.2013, p. 1 and p. 63.

25

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APPENDIX

to the Opinion of the European Economic and Social Committee

The following point of the section opinion, which was replaced by an amendment adopted by the Assembly, received at least one-quarter of the votes cast (Article 54(4) of the Rules of Procedure):

Point 5.21 h)

Monitoring and follow-up of self-regulation and co-regulation mechanisms should involve preventive measures or sanctions, in order to ensure their effectiveness. This means:

| 1. | Mechanisms for self-monitoring and internal disciplinary measures, including ex ante impact assessments; |
| --- | --- |

1.

Mechanisms for self-monitoring and internal disciplinary measures, including ex ante impact assessments;

| 2. | Databases to ensure more effective monitoring; |
| --- | --- |

2.

Databases to ensure more effective monitoring;

| 3. | Adoption of a certification label or quality mark; |
| --- | --- |

3.

Adoption of a certification label or quality mark;

| 4. | Conclusion of national codes implementing the EU code of conduct; |
| --- | --- |

4.

Conclusion of national codes implementing the EU code of conduct;

| 5. | Establishment of technical specifications in parallel with standards; |
| --- | --- |

5.

Establishment of technical specifications in parallel with standards;

| 6. | Drawing up practical guides on implementation; |
| --- | --- |

6.

Drawing up practical guides on implementation;

| 7. | Provision of a system of financial (fines) or other penalties, such as loss of accreditation or expulsion. |
| --- | --- |

7.

Provision of a system of financial (fines) or other penalties, such as loss of accreditation or expulsion.

Voting result

| For: | 91 |
| --- | --- |
| Against: | 41 |
| Abstentions: | 28 |

For:

91

Against:

41

Abstentions:

28

---

| 4.9.2015 | EN | Official Journal of the European Union | C 291/40 |
| --- | --- | --- | --- |

4.9.2015

EN

Official Journal of the European Union

C 291/40

---

Opinion of the European Economic and Social Committee on an industrial policy for the European glass sector

(2015/C 291/06)

| Rapporteur: | Josef ZBOŘIL |
| --- | --- |
| Co-rapporteur: | Enrico GIBELLIERI |

Rapporteur:

Josef ZBOŘIL

Co-rapporteur:

Enrico GIBELLIERI

On 10 July 2014, the European Economic and Social Committee, acting under Rule 29(2) of its Rules of Procedure, decided to draw up an own-initiative opinion on

An industrial policy for the European glass sector.

The Consultative Commission on Industrial Change (CCMI), which was responsible for preparing the Committee’s work on the subject, adopted its opinion on 24 March 2015.

At its 507th plenary session, held on 22 and 23 April 2015 (meeting of 22 April), the European Economic and Social Committee adopted the following opinion by 144 votes to 3 with 6 abstentions.

1.   Conclusions and recommendations

| 1.1. | The economic downturn has had a serious impact on the glass industry and resulted in the reduction of capacity and production and significant job losses. In order to safeguard jobs and establish a proper investment climate for Europe’s glass industry to stay at the forefront of innovation, it is essential to address these major challenges through a European industrial policy for the glass industry. This policy must seek balance between the three pillars of sustainability: the economic, the social and the environmental. |
| --- | --- |

1.1.

The economic downturn has had a serious impact on the glass industry and resulted in the reduction of capacity and production and significant job losses. In order to safeguard jobs and establish a proper investment climate for Europe’s glass industry to stay at the forefront of innovation, it is essential to address these major challenges through a European industrial policy for the glass industry. This policy must seek balance between the three pillars of sustainability: the economic, the social and the environmental.

| 1.2. | The EU must use all the tools at its disposal to revitalise demand and tap into the potential of glass products for supporting the transition to a low-carbon, energy-efficient and circular economy, thus generating substantial business and employment opportunities. Targeted initiatives — such as targets and robust measures to reduce energy consumption in buildings as well as the rapid development of an EU energy window labelling, support to R & D, improved glass collection and recycling, and a policy-based return to economic growth in key sectors (e.g. building, automotive and renewables) — must take place. |
| --- | --- |

1.2.

The EU must use all the tools at its disposal to revitalise demand and tap into the potential of glass products for supporting the transition to a low-carbon, energy-efficient and circular economy, thus generating substantial business and employment opportunities. Targeted initiatives — such as targets and robust measures to reduce energy consumption in buildings as well as the rapid development of an EU energy window labelling, support to R & D, improved glass collection and recycling, and a policy-based return to economic growth in key sectors (e.g. building, automotive and renewables) — must take place.

| 1.3. | An industrial policy for the European glass sector must reinforce the competitiveness of the European based manufacturers: by ensuring a level playing field with competitors from outside Europe with regards to the cumulative costs generated by implementing Europe’s environmental legislation; by providing better regulation and a predictable regulatory environment; by addressing the high cost of energy in the upcoming Energy Union. In this respect, impacts on SMEs require particular attention and adequate support must be provided when necessary. The upcoming assessment of cumulative cost impact on the sector, which will be undertaken by the European Commission, should serve as a basis for implementing the ‘better regulation’ agenda advocated by the EC President, Jean-Claude Juncker. |
| --- | --- |

1.3.

An industrial policy for the European glass sector must reinforce the competitiveness of the European based manufacturers: by ensuring a level playing field with competitors from outside Europe with regards to the cumulative costs generated by implementing Europe’s environmental legislation; by providing better regulation and a predictable regulatory environment; by addressing the high cost of energy in the upcoming Energy Union. In this respect, impacts on SMEs require particular attention and adequate support must be provided when necessary. The upcoming assessment of cumulative cost impact on the sector, which will be undertaken by the European Commission, should serve as a basis for implementing the ‘better regulation’ agenda advocated by the EC President, Jean-Claude Juncker.

| 1.4. | Some sectors of Europe’s glass industries suffer from unfair trade practices and must be protected against them. It is imperative for the EU to act more rapidly with effective trade measures when fair competition is endangered. In addition, careful assessment of the effects of new or future trade agreements on EU-based glass industries should be carried out. |
| --- | --- |

1.4.

Some sectors of Europe’s glass industries suffer from unfair trade practices and must be protected against them. It is imperative for the EU to act more rapidly with effective trade measures when fair competition is endangered. In addition, careful assessment of the effects of new or future trade agreements on EU-based glass industries should be carried out.

| 1.5. | A policy is needed to articulate education and training systems better with labour market requirements. Vocational training may help during the transition but the European glass industry also needs to attract new talents and stay at the forefront of innovation. |
| --- | --- |

1.5.

A policy is needed to articulate education and training systems better with labour market requirements. Vocational training may help during the transition but the European glass industry also needs to attract new talents and stay at the forefront of innovation.

| 1.6. | Coordination and harmonisation of European policies are essential (energy, climate, research, trade, environment, competition, employment, etc.). The involvement of social partners in general and the setting up of a European sectoral social dialogue, in particular, could form an industrial policy for the glass industry. |
| --- | --- |

1.6.

Coordination and harmonisation of European policies are essential (energy, climate, research, trade, environment, competition, employment, etc.). The involvement of social partners in general and the setting up of a European sectoral social dialogue, in particular, could form an industrial policy for the glass industry.

| 1.7. | The revision of the EU ETS post 2020 must be based on robust evidence and take into account the sector’s limited room for further reduction of its GHG emissions. Therefore, the glass industry needs to be fully protected against risks of carbon leakage beyond 2020 and until comparable GHG reduction efforts are undertaken in competitors’ countries. The EU ETS must guarantee that glass installations receive the full amount of free allowances they need according to the benchmark and real production levels. Additionally, the reduction of allowances should not exceed the estimated potential for GHG reduction in the sector. |
| --- | --- |

1.7.

The revision of the EU ETS post 2020 must be based on robust evidence and take into account the sector’s limited room for further reduction of its GHG emissions. Therefore, the glass industry needs to be fully protected against risks of carbon leakage beyond 2020 and until comparable GHG reduction efforts are undertaken in competitors’ countries. The EU ETS must guarantee that glass installations receive the full amount of free allowances they need according to the benchmark and real production levels. Additionally, the reduction of allowances should not exceed the estimated potential for GHG reduction in the sector.

| 1.8. | Although, a successful circular economy model has been operating for the last 40 years in the glass packaging sector, a proactive policy is needed to recognise and sustain its efforts and generate success stories in other subsectors. Recycling in the building glass sector, in particular, needs to be incentivised to enable local glass collection schemes to develop. |
| --- | --- |

1.8.

Although, a successful circular economy model has been operating for the last 40 years in the glass packaging sector, a proactive policy is needed to recognise and sustain its efforts and generate success stories in other subsectors. Recycling in the building glass sector, in particular, needs to be incentivised to enable local glass collection schemes to develop.

| 1.9. | All in all, the glass industry has made remarkable progress mobilising internal resources while the level playing field issues still remain to a large extent to be addressed and must be considered for setting up an effective industrial policy for the glass industry. Recognising the importance of the glass industry in the value chains this policy should stimulate the research and the demand of ‘smart’ glass and products with new characteristics. |
| --- | --- |

1.9.

All in all, the glass industry has made remarkable progress mobilising internal resources while the level playing field issues still remain to a large extent to be addressed and must be considered for setting up an effective industrial policy for the glass industry. Recognising the importance of the glass industry in the value chains this policy should stimulate the research and the demand of ‘smart’ glass and products with new characteristics.

2.   Introduction

| 2.1. | Glass is an inert material made from a range of abundant natural resources and recycled glass. It is a wholly recyclable product greatly appreciated for its principal characteristics (i.e. the advantages in terms of health and comfort, food preservation, natural lighting in buildings, etc.). It is also used in numerous applications that save energy or generate renewable electricity and in many high-tech applications. Moreover, its characteristics make it an inspirational material for many creators, architects, etc., thereby contributing to Europe’s cultural reputation and brand value throughout the world. |
| --- | --- |

2.1.

Glass is an inert material made from a range of abundant natural resources and recycled glass. It is a wholly recyclable product greatly appreciated for its principal characteristics (i.e. the advantages in terms of health and comfort, food preservation, natural lighting in buildings, etc.). It is also used in numerous applications that save energy or generate renewable electricity and in many high-tech applications. Moreover, its characteristics make it an inspirational material for many creators, architects, etc., thereby contributing to Europe’s cultural reputation and brand value throughout the world.

| 2.2. | The total glass production in the EU stood at more than 33 million tonnes in 2012, making the EU the world’s largest glass producer. The value of production in 2012 was around EUR 35 billion. The breakdown of the glass sector in 2013 was as follows: container glass 2 0 2 78  000 tonnes (Europe is the largest producer of container glass worldwide), flat glass 8 0 95  000 tonnes, reinforcing fibre glass 6 64  000 tonnes, domestic glass 1 1 08  000 tonnes, special glass 6 70  000 tonnes and other types of products. |
| --- | --- |

2.2.

The total glass production in the EU stood at more than 33 million tonnes in 2012, making the EU the world’s largest glass producer. The value of production in 2012 was around EUR 35 billion. The breakdown of the glass sector in 2013 was as follows: container glass 2 0 2 78  000 tonnes (Europe is the largest producer of container glass worldwide), flat glass 8 0 95  000 tonnes, reinforcing fibre glass 6 64  000 tonnes, domestic glass 1 1 08  000 tonnes, special glass 6 70  000 tonnes and other types of products.

| 2.3. | It employs directly around 2 00  000 people in 200 companies across Europe, ranging from SMEs to multinationals. It is estimated to be responsible for more than 5 00  000 jobs indirectly. The industry is concentrated in nine countries (Germany, Poland, France, Czech Republic, Italy, Spain, the United Kingdom, Belgium and Austria). The glass industry in the EU is often located in areas with historical roots and family traditions in glass-making. |
| --- | --- |

2.3.

It employs directly around 2 00  000 people in 200 companies across Europe, ranging from SMEs to multinationals. It is estimated to be responsible for more than 5 00  000 jobs indirectly. The industry is concentrated in nine countries (Germany, Poland, France, Czech Republic, Italy, Spain, the United Kingdom, Belgium and Austria). The glass industry in the EU is often located in areas with historical roots and family traditions in glass-making.

| 2.4. | Production in the sector has significantly slowed down, particularly in the flat glass sector (20 % reduction in production between 2007 and 2012). It entails a reduction in capacity and significant job losses. |
| --- | --- |

2.4.

Production in the sector has significantly slowed down, particularly in the flat glass sector (20 % reduction in production between 2007 and 2012). It entails a reduction in capacity and significant job losses.

| 2.5. | The risk of the European glass industry being irreversibly weakened has become reality. Nevertheless, this is an important industry for Europe, not only because of its excellent global position, but also because of the key-enabling contributions it makes to other sectors and technologies (e.g. touch screen technologies, renewables, OLED lighting). For example, the container glass sector supplies leading European brands that add EUR 21 billion to Europe’s positive trade balance. Glass plays a key role to achieve the transition to a competitive energy- and resource-efficient economy. It is therefore important for Europe to develop an industrial policy for the glass sector. |
| --- | --- |

2.5.

The risk of the European glass industry being irreversibly weakened has become reality. Nevertheless, this is an important industry for Europe, not only because of its excellent global position, but also because of the key-enabling contributions it makes to other sectors and technologies (e.g. touch screen technologies, renewables, OLED lighting). For example, the container glass sector supplies leading European brands that add EUR 21 billion to Europe’s positive trade balance. Glass plays a key role to achieve the transition to a competitive energy- and resource-efficient economy. It is therefore important for Europe to develop an industrial policy for the glass sector.

3.   The European glass industry — general characteristics

| 3.1. | The glass industry is extremely capital-intensive. This characteristic is more pronounced in the phases upstream from glass-making where the base products are manufactured. A strong upstream sector in Europe able to support innovation and vitality of the value chain must be promoted. |
| --- | --- |

3.1.

The glass industry is extremely capital-intensive. This characteristic is more pronounced in the phases upstream from glass-making where the base products are manufactured. A strong upstream sector in Europe able to support innovation and vitality of the value chain must be promoted.

| 3.2. | As a result of the economic crisis, a fall in demand from key sectors (i.e. the building and automotive sectors) and greater competition from producers outside the EU targeting the EU market, the following trends can be observed:






  — | In the flat glass sector, 12 out of 62 plants in the EU have stopped production. By contrast, nine new sites were built between 2008 and 2012 in neighbouring regions (cheaper labour, energy and raw materials, and carbon leakage) and 16 more are planned by 2016. Some sites are targeting the EU market (e.g. Algeria). |
| --- | --- | --- |

3.2.

As a result of the economic crisis, a fall in demand from key sectors (i.e. the building and automotive sectors) and greater competition from producers outside the EU targeting the EU market, the following trends can be observed:

—

In the flat glass sector, 12 out of 62 plants in the EU have stopped production. By contrast, nine new sites were built between 2008 and 2012 in neighbouring regions (cheaper labour, energy and raw materials, and carbon leakage) and 16 more are planned by 2016. Some sites are targeting the EU market (e.g. Algeria).

| — | No new container glass plants have been built in Europe, but 13 new production units have been announced outside Europe. |
| --- | --- |

—

No new container glass plants have been built in Europe, but 13 new production units have been announced outside Europe.

| — | The fibre glass sector has also been hit. Out of a total of nine producers in the EU, one has shut down and all the others have restructured with a 45 % reduction in the workforce since 2008. |
| --- | --- |

—

The fibre glass sector has also been hit. Out of a total of nine producers in the EU, one has shut down and all the others have restructured with a 45 % reduction in the workforce since 2008.

| — | In the tableware sector, restructuring is also taking place, and the crystal industry has lost many SMEs and jobs (i.e. Bohemia and Murano). |
| --- | --- |

—

In the tableware sector, restructuring is also taking place, and the crystal industry has lost many SMEs and jobs (i.e. Bohemia and Murano).

| 3.3. | The following investment trends currently prevail in some major glass sectors.






  — | In the building sector, flat glass sector groups have global investment strategies. Strategies have prioritised investments outside Europe in recent years, mainly because of the lack of demand in the EU. Additionally, the sector locates investments where potential growth and a business-friendly manufacturing environment can reasonably be expected. |
| --- | --- | --- |

3.3.

The following investment trends currently prevail in some major glass sectors.

—

In the building sector, flat glass sector groups have global investment strategies. Strategies have prioritised investments outside Europe in recent years, mainly because of the lack of demand in the EU. Additionally, the sector locates investments where potential growth and a business-friendly manufacturing environment can reasonably be expected.

| — | The main drivers for investment locations in the automotive glass sector are dictated by car manufacturers. The proximity of investments to car makers is a decisive factor for logistical reasons. |
| --- | --- |

—

The main drivers for investment locations in the automotive glass sector are dictated by car manufacturers. The proximity of investments to car makers is a decisive factor for logistical reasons.

| — | In the container glass sector, on average, EUR 610 million are invested yearly. Because of the need for proximity, container glass is a local industry linked to the food and beverage, as well as pharmaceutical sectors (more than 50 % of glass bottles and jars are delivered to customers within a 300 km distance). However, there is strong pressure from competing materials for these markets. |
| --- | --- |

—

In the container glass sector, on average, EUR 610 million are invested yearly. Because of the need for proximity, container glass is a local industry linked to the food and beverage, as well as pharmaceutical sectors (more than 50 % of glass bottles and jars are delivered to customers within a 300 km distance). However, there is strong pressure from competing materials for these markets.

| — | In the tableware and domestic glass sector, most investments take place outside Europe due to extreme pressure on costs. This is exacerbated by high imports from Asia and the Middle East. |
| --- | --- |

—

In the tableware and domestic glass sector, most investments take place outside Europe due to extreme pressure on costs. This is exacerbated by high imports from Asia and the Middle East.

| — | The reinforcing fibre sector is truly global and faces recurrent dumping practices (i.e. China); therefore, investments location decisions are highly cost sensitive. |
| --- | --- |

—

The reinforcing fibre sector is truly global and faces recurrent dumping practices (i.e. China); therefore, investments location decisions are highly cost sensitive.

| 3.4. | Despite these alarming trends, Europe still enjoys a leading position. The historic nature of the industry in Europe has made it possible to build up experience, know-how and a skilled workforce. Its industries continue to invest in R & D both in advanced production techniques and more sophisticated products, services and networks. |
| --- | --- |

3.4.

Despite these alarming trends, Europe still enjoys a leading position. The historic nature of the industry in Europe has made it possible to build up experience, know-how and a skilled workforce. Its industries continue to invest in R & D both in advanced production techniques and more sophisticated products, services and networks.

4.   Sustainability

| 4.1. | Sustainability as a governing principle is an overarching concept and all policies implemented and all actions taken should be checked against this principle. An industrial policy for the glass industry must seek a balance between the three pillars of sustainability: the economic, social and environmental. |
| --- | --- |

4.1.

Sustainability as a governing principle is an overarching concept and all policies implemented and all actions taken should be checked against this principle. An industrial policy for the glass industry must seek a balance between the three pillars of sustainability: the economic, social and environmental.

THE ECONOMIC DIMENSION OF SUSTAINABILITY

| 4.2. | Although 80 % of trade in the glass industry takes place within the EU, external competition is increasing in some sub-sectors. It is therefore important that an industrial policy for the European glass sector reinforces the competitiveness of European-based manufacturers. |
| --- | --- |

4.2.

Although 80 % of trade in the glass industry takes place within the EU, external competition is increasing in some sub-sectors. It is therefore important that an industrial policy for the European glass sector reinforces the competitiveness of European-based manufacturers.

| 4.3. | This industrial policy must address the following concerns:






  — | The high cost of energy in Europe (e.g. 37 % of flat glass production costs) and the related impact of climate policy on this energy-intensive sector. |
| --- | --- | --- |

4.3.

This industrial policy must address the following concerns:

—

The high cost of energy in Europe (e.g. 37 % of flat glass production costs) and the related impact of climate policy on this energy-intensive sector.

| — | The cumulative costs generated by the implementation of Europe’s environmental legislation, without ensuring a level playing field with competitors outside Europe and without financial support for the necessary adaptations, in particular, for SMEs. |
| --- | --- |

—

The cumulative costs generated by the implementation of Europe’s environmental legislation, without ensuring a level playing field with competitors outside Europe and without financial support for the necessary adaptations, in particular, for SMEs.

| — | Better regulation and a predictable regulatory environment which supports long-term decision-making is a necessity in glass industries characterised by long investment cycles. |
| --- | --- |

—

Better regulation and a predictable regulatory environment which supports long-term decision-making is a necessity in glass industries characterised by long investment cycles.

| 4.4. | Europe’s glass industries should be protected against unfair trade practices. Both the continuous glass fibre sector, and the flat and specialty glass sector suffer from unfair trade practices from Chinese competitors, and the European Commission needs to remain vigilant as regards the circumvention of duties. Generally speaking, it is imperative for the EU to act more rapidly with effective trade measures when fair competition is endangered. In addition, careful assessments of the effects of new or future trade agreements on EU-based glass industries should be carried out. |
| --- | --- |

4.4.

Europe’s glass industries should be protected against unfair trade practices. Both the continuous glass fibre sector, and the flat and specialty glass sector suffer from unfair trade practices from Chinese competitors, and the European Commission needs to remain vigilant as regards the circumvention of duties. Generally speaking, it is imperative for the EU to act more rapidly with effective trade measures when fair competition is endangered. In addition, careful assessments of the effects of new or future trade agreements on EU-based glass industries should be carried out.

| 4.5. | The EU has not recovered from the initial financial crisis, and is experiencing a sustained investment gap. Investment in the EU has dropped by more than 430 billion from a 2007 peak. Investment levels in the EU are EUR 270 billion to 340 billion below historical sustainable norms. Weak investments hamper short term recovery and jeopardise long-term growth in the glass industry (1). Given the added value of glass products, the EU should use all the tools at its disposal to tap into their potential for supporting the transition to a low-carbon, energy-efficient economy. Since the glass sector has the considerable potential for spill-over effects, research and development should be further encouraged. This involves introducing a policy based on a coordinated return to economic growth. |
| --- | --- |

4.5.

The EU has not recovered from the initial financial crisis, and is experiencing a sustained investment gap. Investment in the EU has dropped by more than 430 billion from a 2007 peak. Investment levels in the EU are EUR 270 billion to 340 billion below historical sustainable norms. Weak investments hamper short term recovery and jeopardise long-term growth in the glass industry (1). Given the added value of glass products, the EU should use all the tools at its disposal to tap into their potential for supporting the transition to a low-carbon, energy-efficient economy. Since the glass sector has the considerable potential for spill-over effects, research and development should be further encouraged. This involves introducing a policy based on a coordinated return to economic growth.

| 4.6. | Further potential could be released in the flat glass sector through targets and robust measures to reduce energy consumption in buildings as well as the rapid development of an EU window energy label. Replacing inefficient windows with high-performance glazing could save up to 100 million tonnes of CO2 a year, while supporting the creation of local jobs. Similarly, since reinforcement glass fibres render possible light-weight composite materials, they contribute to EU efforts to decarbonise its transport sector. |
| --- | --- |

4.6.

Further potential could be released in the flat glass sector through targets and robust measures to reduce energy consumption in buildings as well as the rapid development of an EU window energy label. Replacing inefficient windows with high-performance glazing could save up to 100 million tonnes of CO2 a year, while supporting the creation of local jobs. Similarly, since reinforcement glass fibres render possible light-weight composite materials, they contribute to EU efforts to decarbonise its transport sector.

| 4.7. | In a 2008 study for the European Commission on the Competitiveness of the Glass Sector (2), strengths and weaknesses of, and opportunities and threats for the industry were correctly identified. The industry has made remarkable progress while the level playing field issues still remain to a large extent to be addressed and must be considered for setting up an effective industrial policy for the glass industry. |
| --- | --- |

4.7.

In a 2008 study for the European Commission on the Competitiveness of the Glass Sector (2), strengths and weaknesses of, and opportunities and threats for the industry were correctly identified. The industry has made remarkable progress while the level playing field issues still remain to a large extent to be addressed and must be considered for setting up an effective industrial policy for the glass industry.

THE SOCIAL DIMENSION OF SUSTAINABILITY

| 4.8. | The global economic downturn and industrial trends described above have resulted in job losses in the glass industry. Glass industrial strongholds have been most particularly affected due to closures of glass melting plants and subsequent indirect job losses. Throughout Europe, jobs were also lost in processing activities down the value-chain, for instance, in SMEs. |
| --- | --- |

4.8.

The global economic downturn and industrial trends described above have resulted in job losses in the glass industry. Glass industrial strongholds have been most particularly affected due to closures of glass melting plants and subsequent indirect job losses. Throughout Europe, jobs were also lost in processing activities down the value-chain, for instance, in SMEs.

| 4.9. | An effective industrial policy for the EU needs to look into sector specificities. For the glass sector, it must mobilise mechanisms of coordination and cooperation in order to accompany restructuring. National and regional authorities have an important role to play, together with social partners, to address the social dimension of the economic transition. |
| --- | --- |

4.9.

An effective industrial policy for the EU needs to look into sector specificities. For the glass sector, it must mobilise mechanisms of coordination and cooperation in order to accompany restructuring. National and regional authorities have an important role to play, together with social partners, to address the social dimension of the economic transition.

| 4.10. | The development of the glass industry also depends on its ability to retain and additionally develop the skills and competence of its workforce. It is therefore, essential to nurture this European know-how further. A policy is needed to provide the appropriate education, training and employment, and to articulate education and training systems with labour market requirements better. |
| --- | --- |

4.10.

The development of the glass industry also depends on its ability to retain and additionally develop the skills and competence of its workforce. It is therefore, essential to nurture this European know-how further. A policy is needed to provide the appropriate education, training and employment, and to articulate education and training systems with labour market requirements better.

| 4.11. | In an open and dynamic labour market, the European glass industry needs to become more attractive, in particular, for young people. Energy-efficiency investments in the building sector, improved glass collection and recycling, and R & D and innovation in the glass industry will generate substantial employment opportunities. |
| --- | --- |

4.11.

In an open and dynamic labour market, the European glass industry needs to become more attractive, in particular, for young people. Energy-efficiency investments in the building sector, improved glass collection and recycling, and R & D and innovation in the glass industry will generate substantial employment opportunities.

| 4.12. | An industrial policy for the glass industry should be informed by a sectoral social dialogue allowing social partners to exchange information on all relevant aspects of common interest to the future of this industry in Europe. |
| --- | --- |

4.12.

An industrial policy for the glass industry should be informed by a sectoral social dialogue allowing social partners to exchange information on all relevant aspects of common interest to the future of this industry in Europe.

THE ENVIRONMENTAL DIMENSION OF SUSTAINABILITY

| 4.13. | The glass industry is energy intensive; consequently, reducing energy consumption is both an economic imperative and an ongoing target. The glass industry has been able to reduce its energy consumption per item over the last few decades to meet Europe’s demand (55 % reduction for flat glass industry between 1970 and 2000 whilst doubling production). However, as stated in the EESC 1205/2009 opinion, the glass industry has already reached the existing physical limits of knowledge as it stands at present, and the best glass production techniques available were already being widely applied. Therefore, the scope for reducing further energy use in glass making is very limited. |
| --- | --- |

4.13.

The glass industry is energy intensive; consequently, reducing energy consumption is both an economic imperative and an ongoing target. The glass industry has been able to reduce its energy consumption per item over the last few decades to meet Europe’s demand (55 % reduction for flat glass industry between 1970 and 2000 whilst doubling production). However, as stated in the EESC 1205/2009 opinion, the glass industry has already reached the existing physical limits of knowledge as it stands at present, and the best glass production techniques available were already being widely applied. Therefore, the scope for reducing further energy use in glass making is very limited.

| 4.14. | The glass industry falls under the ETS and all its sectors are considered to be exposed to risk of carbon leakage. The 2014 quantitative assessment carried out by the European Commission shows a 20 % increase in the risk of carbon leakage in the flat glass sector, compared to the 2009 assessment. The ETS system generates a fast reduction of free CO2 allowances allocated to sectors exposed to risk of carbon leakage. This weakens the competitiveness of European-based glass industry sectors vis-à-vis third countries. The glass industry needs to be fully protected against risks of carbon leakage until comparable GHG reduction efforts are undertaken in competitors’ countries. This effective protection against carbon leakage must guarantee that best GHG performing installations receive the full amount of free allowances. They need to meet real production levels. The quantity of free allowances should not reduce faster than the estimated potential for GHG reduction of the sector. More generally, the new climate package goes clearly over mitigation capacity of the sector. Decarbonisation could be better achieved in non ETS sectors such as buildings. |
| --- | --- |

4.14.

The glass industry falls under the ETS and all its sectors are considered to be exposed to risk of carbon leakage. The 2014 quantitative assessment carried out by the European Commission shows a 20 % increase in the risk of carbon leakage in the flat glass sector, compared to the 2009 assessment. The ETS system generates a fast reduction of free CO2 allowances allocated to sectors exposed to risk of carbon leakage. This weakens the competitiveness of European-based glass industry sectors vis-à-vis third countries. The glass industry needs to be fully protected against risks of carbon leakage until comparable GHG reduction efforts are undertaken in competitors’ countries. This effective protection against carbon leakage must guarantee that best GHG performing installations receive the full amount of free allowances. They need to meet real production levels. The quantity of free allowances should not reduce faster than the estimated potential for GHG reduction of the sector. More generally, the new climate package goes clearly over mitigation capacity of the sector. Decarbonisation could be better achieved in non ETS sectors such as buildings.

| 4.15. | A successful circular economy model has been operating for the last 40 years in the glass packaging sector (i.e. 71 % of glass bottles recycled in the EU). In order to recognise and sustain the industry’s efforts, the EU should consider prioritising permanent materials, which can be recycled indefinitely without ever losing quality, in its packaging and waste policies. |
| --- | --- |

4.15.

A successful circular economy model has been operating for the last 40 years in the glass packaging sector (i.e. 71 % of glass bottles recycled in the EU). In order to recognise and sustain the industry’s efforts, the EU should consider prioritising permanent materials, which can be recycled indefinitely without ever losing quality, in its packaging and waste policies.

| 4.16. | Recycling in the building glass sector needs to be incentivised. Several policy instruments should be considered to enable local initiatives on building glass collection and recycling to develop. At European level, individual targets for specific types of construction and demolition waste should be set and audits before the demolition or renovation of tertiary buildings could be made compulsory. This will increase the dismantling, sorting and collection of glazing for recycling purposes. |
| --- | --- |

4.16.

Recycling in the building glass sector needs to be incentivised. Several policy instruments should be considered to enable local initiatives on building glass collection and recycling to develop. At European level, individual targets for specific types of construction and demolition waste should be set and audits before the demolition or renovation of tertiary buildings could be made compulsory. This will increase the dismantling, sorting and collection of glazing for recycling purposes.

| 4.17. | Recycling is critical for the glass industry since the use of glass waste helps reducing the energy required to melt glass and decreasing CO2 emissions. It has the potential to generate employment in the sector and to contribute to the circular economy objective of the EU. |
| --- | --- |

4.17.

Recycling is critical for the glass industry since the use of glass waste helps reducing the energy required to melt glass and decreasing CO2 emissions. It has the potential to generate employment in the sector and to contribute to the circular economy objective of the EU.

Brussels, 22 April 2015.

The President of the European Economic and Social Committee

Henri MALOSSE

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(1)  President Juncker’s investment plan ‘An Investment Plan for Europe’ COM(2014) 903 final — fact sheet 1.

1

(2)  ECORYS et al. — FWC Sector Competitiveness Studies for the European Commission — Competitiveness of the Glass Sector — 2008.

2

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| 4.9.2015 | EN | Official Journal of the European Union | C 291/45 |
| --- | --- | --- | --- |

4.9.2015

EN

Official Journal of the European Union

C 291/45

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Opinion of the European Economic and Social Committee on Promoting the European single market combining biomedical engineering with the medical and care services industry

(2015/C 291/07)

Rapporteur:

Edgardo Maria IOZIA

Co-rapporteur:

Dirk JARRÉ

On 10 July 2014, the European Economic and Social Committee, acting under Rule 29(2) of its Rules of Procedure, decided to draw up an own-initiative opinion on

Promoting the European single market combining biomedical engineering with the medical and care services industry.

The Consultative Commission on Industrial Change (CCMI), which was responsible for preparing the Committee’s work on the subject, adopted its opinion on 24 March 2015.

At its 507th plenary session, held on 22 and 23 April 2015 (meeting of 23 April), the European Economic and Social Committee adopted the following opinion by 135 votes to 1 with 2 abstentions.

1.   Conclusions and recommendations

Conclusions and recommendations

| 1.1. | Biomedical Engineering is not simply a subset of modern medicine. Modern medicine predominantly secures important advances through the use of the products of biomedical engineering (1). |
| --- | --- |

1.1.

Biomedical Engineering is not simply a subset of modern medicine. Modern medicine predominantly secures important advances through the use of the products of biomedical engineering (1).

1

| 1.2. | The biomedical engineering industry will become increasingly important due to technological development and the potential of new techniques to enhance care and rehabilitation, representing a major step forward in terms of healthcare and of quality of life. Of course this is not the only industry that is relevant here, but it is one that is becoming more and more important. |
| --- | --- |

1.2.

The biomedical engineering industry will become increasingly important due to technological development and the potential of new techniques to enhance care and rehabilitation, representing a major step forward in terms of healthcare and of quality of life. Of course this is not the only industry that is relevant here, but it is one that is becoming more and more important.

| 1.3. | Europe is facing rising demand for quality, affordable, safe and permanently reliable health services at a time when public spending is under pressure. With an expanding elderly population and shrinking tax base, it is time for the European Union to rethink its healthcare systems to make them universally accessible, efficient and sustainable by providing sufficient resources. |
| --- | --- |

1.3.

Europe is facing rising demand for quality, affordable, safe and permanently reliable health services at a time when public spending is under pressure. With an expanding elderly population and shrinking tax base, it is time for the European Union to rethink its healthcare systems to make them universally accessible, efficient and sustainable by providing sufficient resources.

| 1.4. | For a healthy and well cared for population in the 21st century we need systems engineering approaches that redesign care practices in line with changing needs and integrate local, regional, national, and global health IT networks. |
| --- | --- |

1.4.

For a healthy and well cared for population in the 21st century we need systems engineering approaches that redesign care practices in line with changing needs and integrate local, regional, national, and global health IT networks.

| 1.5. | Access to health and care services is to be considered a fundamental right. The EESC underlines the importance of closely involving potential users of biomedical engineering products — in particular patients and their families, but also medical and care personnel — in decision-making processes to determine together with biomedical engineering experts the direction of biomedical engineering research and the subsequent design of products and services, so that they respond to real needs and preferences, can be easily managed, and thus better serve their purpose. Issues of accessibility, safety, possible dependency and data protection also need be taken into consideration. |
| --- | --- |

1.5.

Access to health and care services is to be considered a fundamental right. The EESC underlines the importance of closely involving potential users of biomedical engineering products — in particular patients and their families, but also medical and care personnel — in decision-making processes to determine together with biomedical engineering experts the direction of biomedical engineering research and the subsequent design of products and services, so that they respond to real needs and preferences, can be easily managed, and thus better serve their purpose. Issues of accessibility, safety, possible dependency and data protection also need be taken into consideration.

| 1.6. | Access to biomedical techniques and related services should be promoted, especially in those countries with a significant deficit in these areas. Although some funding has already been allocated to health measures linked to ageing, e-health, health promotion and training, we strongly recommend increased use of the Structural Funds in the area of health-related well-being. |
| --- | --- |

1.6.

Access to biomedical techniques and related services should be promoted, especially in those countries with a significant deficit in these areas. Although some funding has already been allocated to health measures linked to ageing, e-health, health promotion and training, we strongly recommend increased use of the Structural Funds in the area of health-related well-being.

| 1.7. | The establishment of a single market integrating biomedical engineering with the medical and care services industry, in combination with ICT and systematic approaches to health informatics, including the acquisition, management, and use of information in health, and telemedicine, will have tremendous advantages for the European Union and greatly enhance the quality and efficiency of medical care for all. |
| --- | --- |

1.7.

The establishment of a single market integrating biomedical engineering with the medical and care services industry, in combination with ICT and systematic approaches to health informatics, including the acquisition, management, and use of information in health, and telemedicine, will have tremendous advantages for the European Union and greatly enhance the quality and efficiency of medical care for all.

| 1.8. | The EESC supports better deployment of ‘more Europe in health’, with four essential strands:






  — | harmonisation of existing legislation; |
| --- | --- | --- |

1.8.

The EESC supports better deployment of ‘more Europe in health’, with four essential strands:

—

harmonisation of existing legislation;

| — | implementation of existing legislation; |
| --- | --- |

—

implementation of existing legislation;

| — | research, development and innovation activities; |
| --- | --- |

—

research, development and innovation activities;

| — | access equality, with a special focus on vulnerable sections of society. |
| --- | --- |

—

access equality, with a special focus on vulnerable sections of society.

| 1.9. | The EESC advocates and recommends:






  — | fully ensuring healthcare and equal access to healthcare for all; |
| --- | --- | --- |

1.9.

The EESC advocates and recommends:

—

fully ensuring healthcare and equal access to healthcare for all;

| — | providing continuing support for health issues in the education system and in research and innovation activities; |
| --- | --- |

—

providing continuing support for health issues in the education system and in research and innovation activities;

| — | encouraging policy-makers to establish a system for communicating about innovation; |
| --- | --- |

—

encouraging policy-makers to establish a system for communicating about innovation;

| — | providing better information for and from the market; |
| --- | --- |

—

providing better information for and from the market;

| — | sharing information with the public at large to promote trust in innovation; |
| --- | --- |

—

sharing information with the public at large to promote trust in innovation;

| — | having both horizontal and vertical communication; |
| --- | --- |

—

having both horizontal and vertical communication;

| — | reinforcing market controls for ensuring consumer safety; |
| --- | --- |

—

reinforcing market controls for ensuring consumer safety;

| — | reinforcing the process of medical device standardisation; |
| --- | --- |

—

reinforcing the process of medical device standardisation;

| — | incorporating ePrescriptions into the national strategies of all EU countries; |
| --- | --- |

—

incorporating ePrescriptions into the national strategies of all EU countries;

| — | guaranteeing accessibility, interoperability and open sources for eHealth; |
| --- | --- |

—

guaranteeing accessibility, interoperability and open sources for eHealth;

| — | changing the system to outcome measurement instead of micro financial controlling; |
| --- | --- |

—

changing the system to outcome measurement instead of micro financial controlling;

| — | giving more visibility to the scope and role of the MD industry in the economy and in healthcare, e.g. an own category for Biomedical Engineering and Care Services under the: http://ec.europa.eu/research/health homepage; |
| --- | --- |

—

giving more visibility to the scope and role of the MD industry in the economy and in healthcare, e.g. an own category for Biomedical Engineering and Care Services under the: http://ec.europa.eu/research/health homepage;

| — | consolidating funding for research and development and product development (2); |
| --- | --- |

—

consolidating funding for research and development and product development (2);

2

| — | funding innovation management, dissemination and exploitation; |
| --- | --- |

—

funding innovation management, dissemination and exploitation;

| — | reviewing all systems for reimbursement and funding, since the present situation is mostly very difficult and might cause a major loss of skills and professionalism. |
| --- | --- |

—

reviewing all systems for reimbursement and funding, since the present situation is mostly very difficult and might cause a major loss of skills and professionalism.

| 1.10. | Europe should follow the US example and recognise the discipline as a stand-alone science. This would also help to foster the international competitiveness of European companies. |
| --- | --- |

1.10.

Europe should follow the US example and recognise the discipline as a stand-alone science. This would also help to foster the international competitiveness of European companies.

| 1.11. | The EESC supports the goals of the EU:






  — | to improve people’s health by making life-saving information available using eHealth tools; |
| --- | --- | --- |

1.11.

The EESC supports the goals of the EU:

—

to improve people’s health by making life-saving information available using eHealth tools;

| — | to increase healthcare quality and access by making eHealth part of health policy and coordinating EU countries’ political, financial and technical strategies; |
| --- | --- |

—

to increase healthcare quality and access by making eHealth part of health policy and coordinating EU countries’ political, financial and technical strategies;

| — | to make eHealth tools more effective, user-friendly and widely accepted by involving professionals and patients in related strategies, design processes and in implementation. |
| --- | --- |

—

to make eHealth tools more effective, user-friendly and widely accepted by involving professionals and patients in related strategies, design processes and in implementation.

| 1.12. | The training and employability of biomedical and bimolecular engineers are strategic factors in the development of an advanced society, since the close relationship between productive activity and human health is now increasingly central to social organisation and, therefore, in hardware producing and services industries. |
| --- | --- |

1.12.

The training and employability of biomedical and bimolecular engineers are strategic factors in the development of an advanced society, since the close relationship between productive activity and human health is now increasingly central to social organisation and, therefore, in hardware producing and services industries.

| 1.13. | The main activities requiring specialists today in biomedical engineering are:






  — | manufacturing, marketing and evaluation of medical devices and equipment (for prevention/diagnosis/treatment/rehabilitation), special materials, implantable devices, prostheses and robotic systems for biomedical applications; |
| --- | --- | --- |

1.13.

The main activities requiring specialists today in biomedical engineering are:

—

manufacturing, marketing and evaluation of medical devices and equipment (for prevention/diagnosis/treatment/rehabilitation), special materials, implantable devices, prostheses and robotic systems for biomedical applications;

| — | strategies relating to the implementation and servicing of biomedical equipment and systems; |
| --- | --- |

—

strategies relating to the implementation and servicing of biomedical equipment and systems;

| — | clinical engineering services in public and private health facilities, in the world of sports and entertainment; |
| --- | --- |

—

clinical engineering services in public and private health facilities, in the world of sports and entertainment;

| — | telemedicine and telematics applications in health-related diagnosis and treatment; |
| --- | --- |

—

telemedicine and telematics applications in health-related diagnosis and treatment;

| — | medical informatics, namely health information systems and software for processing biomedical and bio-imaging data; |
| --- | --- |

—

medical informatics, namely health information systems and software for processing biomedical and bio-imaging data;

| — | biotechnology and cell engineering; |
| --- | --- |

—

biotechnology and cell engineering;

| — | the pharmaceuticals industry and the food industry, to analyse and quantify the interaction between drugs/substances and biological parameters; |
| --- | --- |

—

the pharmaceuticals industry and the food industry, to analyse and quantify the interaction between drugs/substances and biological parameters;

| — | the manufacturing industry in general: ergonomics of products/processes and impact of technologies on human health. |
| --- | --- |

—

the manufacturing industry in general: ergonomics of products/processes and impact of technologies on human health.

| 1.14. | The European and national regulatory framework was unable to keep up with the fast pace of technology change in particular in additive manufacturing, which is why there is a twofold need for regulation: On the one hand, specific regulation to deal primarily with standards and certification and on the other hand, a re-evaluation of existing legislation from the AM perspective. |
| --- | --- |

1.14.

The European and national regulatory framework was unable to keep up with the fast pace of technology change in particular in additive manufacturing, which is why there is a twofold need for regulation: On the one hand, specific regulation to deal primarily with standards and certification and on the other hand, a re-evaluation of existing legislation from the AM perspective.

| 1.15. | One major concern is that medical devices are considered industrial products and thus may receive certification from private entities. For this reason, a more specific and adequate guarantee of quality certification needs to be developed. The EESC supports the European Parliament resolution of 2 April 2014 on medical devices. |
| --- | --- |

1.15.

One major concern is that medical devices are considered industrial products and thus may receive certification from private entities. For this reason, a more specific and adequate guarantee of quality certification needs to be developed. The EESC supports the European Parliament resolution of 2 April 2014 on medical devices.

| 1.16. | Special attention should be paid to the role of space research programmes, which also can lead to key innovations in the medical field. |
| --- | --- |

1.16.

Special attention should be paid to the role of space research programmes, which also can lead to key innovations in the medical field.

| 1.17. | The EESC recommends that the Commission initiate a study of biomedical engineering in Europe analysing its benefits for industry and healthcare services. It is crucially important to analyse the interrelationship between policies that affect the health market and those concerning the biomedical engineering industry. |
| --- | --- |

1.17.

The EESC recommends that the Commission initiate a study of biomedical engineering in Europe analysing its benefits for industry and healthcare services. It is crucially important to analyse the interrelationship between policies that affect the health market and those concerning the biomedical engineering industry.

| 1.18. | A time frame of at least 10 years is needed to realise a coherent healthcare programme striving towards efficient applications of novel technologies in healthcare. This is at odds with the European Commission terms of only five years, meaning that visions and strategies change continuously. A stable vision and fixed objectives are greatly needed as the cornerstone for efficient healthcare in the future. It is necessary to ensure healthcare for all and equal access to that care through product and service innovation, as well as a long-term perspective and consistent policies and strategies to realise the objectives. |
| --- | --- |

1.18.

A time frame of at least 10 years is needed to realise a coherent healthcare programme striving towards efficient applications of novel technologies in healthcare. This is at odds with the European Commission terms of only five years, meaning that visions and strategies change continuously. A stable vision and fixed objectives are greatly needed as the cornerstone for efficient healthcare in the future. It is necessary to ensure healthcare for all and equal access to that care through product and service innovation, as well as a long-term perspective and consistent policies and strategies to realise the objectives.

2.   Introduction

Introduction

| 2.1. | ‘Our shared ambition should be that we can ensure every European citizen to be digital, connected and healthy. And that Europe will take this opportunity and gain the lead in this growing and highly innovative market’: Neelie Kroes, former European Commission vice-president. |
| --- | --- |

2.1.

‘Our shared ambition should be that we can ensure every European citizen to be digital, connected and healthy. And that Europe will take this opportunity and gain the lead in this growing and highly innovative market’: Neelie Kroes, former European Commission vice-president.

| 2.2. | ‘Biomedical engineering is a cross-disciplinary science based on medicine, biology and engineering. It is fundamental for a variety of highly innovative technologies and products or processes of the healthcare sector. Biomedical engineering should be understood as a stand-alone discipline to better utilise resources and fully realise the corresponding opportunities. It is thus important that the EU recognises the full potential of biomedical engineering and consequently promotes collaborative research in this field’. This was how biomedical engineering was defined at the Expert Policy Workshop on Biomedical Engineering held at the European Parliament on 27 March 2012. |
| --- | --- |

2.2.

‘Biomedical engineering is a cross-disciplinary science based on medicine, biology and engineering. It is fundamental for a variety of highly innovative technologies and products or processes of the healthcare sector. Biomedical engineering should be understood as a stand-alone discipline to better utilise resources and fully realise the corresponding opportunities. It is thus important that the EU recognises the full potential of biomedical engineering and consequently promotes collaborative research in this field’. This was how biomedical engineering was defined at the Expert Policy Workshop on Biomedical Engineering held at the European Parliament on 27 March 2012.

| 2.3. | Biomedical engineering, or medical and biological engineering, encompasses such areas as biomedical electronics, biomechatronics, bioinstrumentation, biomaterials, biomechanics, bionics, cellular, tissue and genetic engineering, clinical engineering, neuroscientific engineering, diagnostic and medical imaging, orthopaedic bioengineering, rehabilitation engineering, system physiology, bionanotechnology and neural engineering. |
| --- | --- |

2.3.

Biomedical engineering, or medical and biological engineering, encompasses such areas as biomedical electronics, biomechatronics, bioinstrumentation, biomaterials, biomechanics, bionics, cellular, tissue and genetic engineering, clinical engineering, neuroscientific engineering, diagnostic and medical imaging, orthopaedic bioengineering, rehabilitation engineering, system physiology, bionanotechnology and neural engineering.

| 2.4. | Biomedical Engineering is a key sector for European competitiveness. Some data (3) are set out below:






  — | At present EUR 100 billion market size (it is estimated the world market will amount to USD 514 billion by 2020); |
| --- | --- | --- |

2.4.

Biomedical Engineering is a key sector for European competitiveness. Some data (3) are set out below:

3

—

At present EUR 100 billion market size (it is estimated the world market will amount to USD 514 billion by 2020);

| — | 25  000 companies, of which 90 % are SMEs; |
| --- | --- |

—

25  000 companies, of which 90 % are SMEs;

| — | 5 75  000 jobs; |
| --- | --- |

—

5 75  000 jobs;

| — | 1 sector in patent applications: 10  412 in 2012; |
| --- | --- |

—

1 sector in patent applications: 10  412 in 2012;

| — | Short product lifecycle (~ 18 months) |
| --- | --- |

—

Short product lifecycle (~ 18 months)

| — | In the Horizon 2020 framework, the EU channels EUR 8 billion into health research (out of EUR 80 billion over 7 years). |
| --- | --- |

—

In the Horizon 2020 framework, the EU channels EUR 8 billion into health research (out of EUR 80 billion over 7 years).

| — | In the IMI Europe’s partnership for health (2008-24 partnership), EUR 5 bn (EC 50 %, efpia 50 %) (4). |
| --- | --- |

—

In the IMI Europe’s partnership for health (2008-24 partnership), EUR 5 bn (EC 50 %, efpia 50 %) (4).

4

| 2.5. | The ageing of society, increasing severity of chronic diseases and growing healthcare costs are becoming global challenges. As technology plays a key role in the health and care services sector, research, innovation, safety issues and development activities in biomedical engineering, relating to medical and care services, are major challenges and of increasing socioeconomic importance in today’s society. |
| --- | --- |

2.5.

The ageing of society, increasing severity of chronic diseases and growing healthcare costs are becoming global challenges. As technology plays a key role in the health and care services sector, research, innovation, safety issues and development activities in biomedical engineering, relating to medical and care services, are major challenges and of increasing socioeconomic importance in today’s society.

| 2.6. | Good health is essential for well-being, economic prosperity and sustainable development. The health sector is driven by scientific and technological progress, which affects employment, innovation, sustainable development and growth. According to the World Health Organisation (WHO), health technology is important for increasing the quality of health and care services, including solving health problems and improving the quality of people’s lives. |
| --- | --- |

2.6.

Good health is essential for well-being, economic prosperity and sustainable development. The health sector is driven by scientific and technological progress, which affects employment, innovation, sustainable development and growth. According to the World Health Organisation (WHO), health technology is important for increasing the quality of health and care services, including solving health problems and improving the quality of people’s lives.

| 2.7. | Among the important challenges are:






  — | the focus on enhanced prevention and early diagnosis by using new technologies; |
| --- | --- | --- |

2.7.

Among the important challenges are:

—

the focus on enhanced prevention and early diagnosis by using new technologies;

| — | efficiency-based medicine not just evidence-based medicine (e.g. implementing new processes in healthcare via technology support such as tele-services); |
| --- | --- |

—

efficiency-based medicine not just evidence-based medicine (e.g. implementing new processes in healthcare via technology support such as tele-services);

| — | proof of cost-efficiency, which is often very difficult because of the heterogeneous financing systems in the healthcare domain in Europe; |
| --- | --- |

—

proof of cost-efficiency, which is often very difficult because of the heterogeneous financing systems in the healthcare domain in Europe;

| — | multi-stakeholder situations and competing interests between different stakeholders; |
| --- | --- |

—

multi-stakeholder situations and competing interests between different stakeholders;

| — | depending on the medical device classification and invention, the fact that it can take up to 10 years from the idea stage to reimbursement; |
| --- | --- |

—

depending on the medical device classification and invention, the fact that it can take up to 10 years from the idea stage to reimbursement;

| — | facilitating the adoption of cost-effective measures, not least those based on emerging and possibly even remote technologies, by establishing appropriate reimbursement systems. |
| --- | --- |

—

facilitating the adoption of cost-effective measures, not least those based on emerging and possibly even remote technologies, by establishing appropriate reimbursement systems.

| 2.8. | The new field of precision medicine (5) can address the following:






  — | the fact that every patient is different: unique sequences; |
| --- | --- | --- |

2.8.

The new field of precision medicine (5) can address the following:

5

—

the fact that every patient is different: unique sequences;

| — | the need for tailor-made medicine; |
| --- | --- |

—

the need for tailor-made medicine;

| — | colonies of cells are genetically different and co-exist in cancer; |
| --- | --- |

—

colonies of cells are genetically different and co-exist in cancer;

| — | sub-colonies of cells emerge after treatment by selection or by new mutations; |
| --- | --- |

—

sub-colonies of cells emerge after treatment by selection or by new mutations;

| — | treatment efficacy depends on genetic make-up; |
| --- | --- |

—

treatment efficacy depends on genetic make-up;

| — | sequencing-based prognosis can adjust severity of treatment. |
| --- | --- |

—

sequencing-based prognosis can adjust severity of treatment.

| 2.9. | Although the discipline of biomedical engineering was recognised in 1998 by the 4th Framework Programme for Research and Innovation, current EU policy in this area is fragmented. Biomedical engineering in the United States is treated as a separate discipline, with distinct methodological and analytical techniques. |
| --- | --- |

2.9.

Although the discipline of biomedical engineering was recognised in 1998 by the 4th Framework Programme for Research and Innovation, current EU policy in this area is fragmented. Biomedical engineering in the United States is treated as a separate discipline, with distinct methodological and analytical techniques.

| 2.10. | The OECD reports that overall health spending accounted for 9,3 % of GDP on average across the OECD countries in 2012, whereas in the United States it accounted for 16,9 % of GDP, which is the highest proportion in the OECD (6). In Europe, an average of 10,4 % of GDP is spent on healthcare. Of this figure, around 7,5 % is allocated to medical technologies, with significant differences between the EU Member States. Furthermore, expenditure on medical technology in Europe stands at around EUR 195 per capita (weighted average), compared with EUR 380 per capita in the US (7). |
| --- | --- |

2.10.

The OECD reports that overall health spending accounted for 9,3 % of GDP on average across the OECD countries in 2012, whereas in the United States it accounted for 16,9 % of GDP, which is the highest proportion in the OECD (6). In Europe, an average of 10,4 % of GDP is spent on healthcare. Of this figure, around 7,5 % is allocated to medical technologies, with significant differences between the EU Member States. Furthermore, expenditure on medical technology in Europe stands at around EUR 195 per capita (weighted average), compared with EUR 380 per capita in the US (7).

6

7

| 2.11. | Biomedical engineering is expected to be the fastest-growing job market in the United States during the next few years. According to the US Bureau of Labor Statistics (BLS), employment of biomedical engineers is projected to grow by 27 % between 2012 and 2022 (8). |
| --- | --- |

2.11.

Biomedical engineering is expected to be the fastest-growing job market in the United States during the next few years. According to the US Bureau of Labor Statistics (BLS), employment of biomedical engineers is projected to grow by 27 % between 2012 and 2022 (8).

8

| 2.12. | In 2012 and 2013 the profession of biomedical engineer came first in the Best Jobs in America rankings (9). |
| --- | --- |

2.12.

In 2012 and 2013 the profession of biomedical engineer came first in the Best Jobs in America rankings (9).

Best Jobs in America

9

| 2.13. | In Europe, the sector directly employs around 5 75  000 people, many of them in highly skilled, high-value innovative jobs. There are almost 25  000 medical technology companies, of which 95 % are SMEs also dedicated to investing in research and development. The size of the market is currently estimated at roughly EUR 100 billion. Based on manufacturer prices, Europe’s medical technology market is estimated at around 30 % of the world market. It is the second largest medical technology market after the US (around 40 % of the global market) (10). |
| --- | --- |

2.13.

In Europe, the sector directly employs around 5 75  000 people, many of them in highly skilled, high-value innovative jobs. There are almost 25  000 medical technology companies, of which 95 % are SMEs also dedicated to investing in research and development. The size of the market is currently estimated at roughly EUR 100 billion. Based on manufacturer prices, Europe’s medical technology market is estimated at around 30 % of the world market. It is the second largest medical technology market after the US (around 40 % of the global market) (10).

10

| 2.14. | The European Commission is actively revising the legislation and technological requirements for devices and diagnostics and is involved in webstreaming of knowledge and skills. |
| --- | --- |

2.14.

The European Commission is actively revising the legislation and technological requirements for devices and diagnostics and is involved in webstreaming of knowledge and skills.

| 2.15. | The medical technology industry contributes significantly to the European economy and to competitiveness by providing large numbers of high-quality jobs, attracting substantial inward investment and creating innovation hubs. This sector offers huge global market potential for European industry, potential that needs to be tapped. |
| --- | --- |

2.15.

The medical technology industry contributes significantly to the European economy and to competitiveness by providing large numbers of high-quality jobs, attracting substantial inward investment and creating innovation hubs. This sector offers huge global market potential for European industry, potential that needs to be tapped.

| 2.16. | A very important role is played by nanotechnologies (11). We can now have innovative nano and biomaterials approaches for:






  — | Cancer |
| --- | --- | --- |

2.16.

A very important role is played by nanotechnologies (11). We can now have innovative nano and biomaterials approaches for:

11

—

Cancer

| — | Atherosclerosis |
| --- | --- |

—

Atherosclerosis

| — | Alzheimer’s disease |
| --- | --- |

—

Alzheimer’s disease

| — | Diabetes |
| --- | --- |

—

Diabetes

| — | Arthritis |
| --- | --- |

—

Arthritis

| — | Ophthalmology |
| --- | --- |

—

Ophthalmology

| — | Impairments |
| --- | --- |

—

Impairments

| — | Infectious and inflammatory diseases. |
| --- | --- |

—

Infectious and inflammatory diseases.

The current situation in the EU: 700+ nanomed and biomaterials companies in the EU: EUR 650 Mio invested in FP7 (12).

12

| 2.17. | A very good example of the cooperation indispensable in this area is to be found in Flanders, Belgium, and is entitled ‘MedTech Flanders’ (13). It comprehensively addresses all the needs to be required to move forward with the implementation of biomedical innovation — from trans-sectorial cooperation, to process optimisation, efficient use of human resources, financial aspects, and so on.
  It helps existing MedTech Companies with:






  — | internal networking and knowledge-sharing; |
| --- | --- | --- |

2.17.

A very good example of the cooperation indispensable in this area is to be found in Flanders, Belgium, and is entitled ‘MedTech Flanders’ (13). It comprehensively addresses all the needs to be required to move forward with the implementation of biomedical innovation — from trans-sectorial cooperation, to process optimisation, efficient use of human resources, financial aspects, and so on.

13

It helps existing MedTech Companies with:

—

internal networking and knowledge-sharing;

| — | external visibility; |
| --- | --- |

—

external visibility;

| — | equipment sharing and infrastructure; |
| --- | --- |

—

equipment sharing and infrastructure;

| — | regulatory and Quality Affairs (QARA); |
| --- | --- |

—

regulatory and Quality Affairs (QARA);

| — | human resources & recruitment; |
| --- | --- |

—

human resources & recruitment;

| — | reimbursement; |
| --- | --- |

—

reimbursement;

| — | access to capital; |
| --- | --- |

—

access to capital;

| — | business coaching; |
| --- | --- |

—

business coaching;

| — | development of new companies/activities; |
| --- | --- |

—

development of new companies/activities;

| — | merging clinicians, technicians and entrepreneurs; |
| --- | --- |

—

merging clinicians, technicians and entrepreneurs;

| — | bringing technology and innovation to the bed side; |
| --- | --- |

—

bringing technology and innovation to the bed side;

| — | reinforcing the general eco-system; |
| --- | --- |

—

reinforcing the general eco-system;

| — | better support for clinical trials; |
| --- | --- |

—

better support for clinical trials;

| — | systems for data collection; |
| --- | --- |

—

systems for data collection;

| — | more efficient and (cost) effective healthcare. |
| --- | --- |

—

more efficient and (cost) effective healthcare.

3.   Comments

Comments

| 3.1. | The opportunities arising from increasingly personalised treatment and the sophisticated design of tailor-made drugs, devices, treatment, software, etc. are leading to new opportunities for European industries and SMEs. Furthermore, the enormous and still rapidly growing sector of general care for the elderly, disabled, and chronically ill, especially care at home, makes ambient assisted living an important issue to be considered, as this improves quality of life and safety at home, especially for people who cannot afford to be in care facilities. New technologies should improve health and safety at work and give staff more time for personal assistance (warm hands) to children, older people, disabled people and the chronically ill. |
| --- | --- |

3.1.

The opportunities arising from increasingly personalised treatment and the sophisticated design of tailor-made drugs, devices, treatment, software, etc. are leading to new opportunities for European industries and SMEs. Furthermore, the enormous and still rapidly growing sector of general care for the elderly, disabled, and chronically ill, especially care at home, makes ambient assisted living an important issue to be considered, as this improves quality of life and safety at home, especially for people who cannot afford to be in care facilities. New technologies should improve health and safety at work and give staff more time for personal assistance (warm hands) to children, older people, disabled people and the chronically ill.

| 3.2. | On 2 April 2014, the European Parliament adopted a legislative resolution on the European Commission’s proposal for a regulation on medical devices. One of these measures that is particularly important is the involvement of the European Medicines Agency (EMA) in medical device regulation, namely in the qualification and monitoring of notified bodies (NBs); another concerns enhancing the roles of other bodies, including the new Medical Devices Coordination Group (MDCG), formed of representatives of the relevant Member State authorities, and the Assessment Committee for Medical Devices (ACMD), a scientific expert group which assists the MDCG. The European Parliament resolution would introduce enhanced competence requirements for NBs as well as ‘special notified bodies’ (SNBs) for specific categories of device. |
| --- | --- |

3.2.

On 2 April 2014, the European Parliament adopted a legislative resolution on the European Commission’s proposal for a regulation on medical devices. One of these measures that is particularly important is the involvement of the European Medicines Agency (EMA) in medical device regulation, namely in the qualification and monitoring of notified bodies (NBs); another concerns enhancing the roles of other bodies, including the new Medical Devices Coordination Group (MDCG), formed of representatives of the relevant Member State authorities, and the Assessment Committee for Medical Devices (ACMD), a scientific expert group which assists the MDCG. The European Parliament resolution would introduce enhanced competence requirements for NBs as well as ‘special notified bodies’ (SNBs) for specific categories of device.

| 3.3. | The Innovative Medicines Initiative (IMI), launched in 2008, is Europe’s largest public-private initiative. Its objective is to speed up the development of better and safer medicines for patients by supporting collaborative research projects and building networks of industrial and academic experts, so as to boost pharmaceutical innovation in Europe. |
| --- | --- |

3.3.

The Innovative Medicines Initiative (IMI), launched in 2008, is Europe’s largest public-private initiative. Its objective is to speed up the development of better and safer medicines for patients by supporting collaborative research projects and building networks of industrial and academic experts, so as to boost pharmaceutical innovation in Europe.

| 3.4. | Information and Communication Technologies (ICT) applied to health and healthcare systems can increase their efficiency, improve quality of life and unlock innovation in health markets. The new eHealth Action Plan aims to address and remove existing barriers to the development of a fully mature and interoperable eHealth system in Europe, in line with the objectives of the Europe 2020 strategy and the Digital Agenda for Europe. Article 14 of the Directive on the application of patients’ rights in cross-border healthcare, which establishes the eHealth network, represents a further step towards formal cooperation on eHealth between the Member States. |
| --- | --- |

3.4.

Information and Communication Technologies (ICT) applied to health and healthcare systems can increase their efficiency, improve quality of life and unlock innovation in health markets. The new eHealth Action Plan aims to address and remove existing barriers to the development of a fully mature and interoperable eHealth system in Europe, in line with the objectives of the Europe 2020 strategy and the Digital Agenda for Europe. Article 14 of the Directive on the application of patients’ rights in cross-border healthcare, which establishes the eHealth network, represents a further step towards formal cooperation on eHealth between the Member States.

Directive on the application of patients’ rights in cross-border healthcare

| 3.5. | In this context, particular emphasis should be given to ePrescription. Greece has showcased best practices in electronic prescribing, proving that eHealth is not a luxury but a necessity. A first draft of the EU’s ePrescription guidelines, which were supposed to have been adopted in November 2014, is intended to facilitate the interoperability of electronic prescriptions across borders, so that electronic prescriptions can be processed easily in any European Union country. |
| --- | --- |

3.5.

In this context, particular emphasis should be given to ePrescription. Greece has showcased best practices in electronic prescribing, proving that eHealth is not a luxury but a necessity. A first draft of the EU’s ePrescription guidelines, which were supposed to have been adopted in November 2014, is intended to facilitate the interoperability of electronic prescriptions across borders, so that electronic prescriptions can be processed easily in any European Union country.

| 3.6. | Under the Future internet Challenge eHealth (FICHe), a collaborative coordination and support project co-funded by the European Commission, funding is available to European eHealth small and medium-sized enterprises (SMEs) and start-ups, which wish to develop innovative applications in the eHealth domain using FIWARE technology. |
| --- | --- |

3.6.

Under the Future internet Challenge eHealth (FICHe), a collaborative coordination and support project co-funded by the European Commission, funding is available to European eHealth small and medium-sized enterprises (SMEs) and start-ups, which wish to develop innovative applications in the eHealth domain using FIWARE technology.

| 3.7. | Advanced medicine should:






  — | be smart everywhere, guaranteeing mobility even for people with serious diseases; |
| --- | --- | --- |

3.7.

Advanced medicine should:

—

be smart everywhere, guaranteeing mobility even for people with serious diseases;

| — | shift from re-active curing to preventive strategies; |
| --- | --- |

—

shift from re-active curing to preventive strategies;

| — | change from blockbusters to personalised approaches; |
| --- | --- |

—

change from blockbusters to personalised approaches;

| — | increase patients’ empowerment and participation; |
| --- | --- |

—

increase patients’ empowerment and participation;

| — | improve mechanisms to protect data. |
| --- | --- |

—

improve mechanisms to protect data.

| 3.8. | Increasingly innovative devices, materials and processes as well as rapid change in areas such as biotechnology call for flexible legislation without the additional layers of bureaucracy that delay patient access to innovative technologies. In this case, the use of delegated acts seems to be appropriate if they concern technical requirements. |
| --- | --- |

3.8.

Increasingly innovative devices, materials and processes as well as rapid change in areas such as biotechnology call for flexible legislation without the additional layers of bureaucracy that delay patient access to innovative technologies. In this case, the use of delegated acts seems to be appropriate if they concern technical requirements.

4.   Challenges and opportunities

Challenges and opportunities

| 4.1. | According to the International Federation for Medical and Biological Engineering (IFMBE), there are challenges and opportunities for biomedical engineering in the following areas:






  — | ICT in medicine and healthcare; |
| --- | --- | --- |

4.1.

According to the International Federation for Medical and Biological Engineering (IFMBE), there are challenges and opportunities for biomedical engineering in the following areas:

—

ICT in medicine and healthcare;

| — | minimally invasive surgery; |
| --- | --- |

—

minimally invasive surgery;

| — | biomedical sensors; |
| --- | --- |

—

biomedical sensors;

| — | diagnostics; |
| --- | --- |

—

diagnostics;

| — | medical imaging and visualisation of data; |
| --- | --- |

—

medical imaging and visualisation of data;

| — | intelligent materials; |
| --- | --- |

—

intelligent materials;

| — | cellular and stem-cell engineering; |
| --- | --- |

—

cellular and stem-cell engineering;

| — | nanotechnology; |
| --- | --- |

—

nanotechnology;

| — | modelling and simulation of physiological systems and the human body as a whole. |
| --- | --- |

—

modelling and simulation of physiological systems and the human body as a whole.

| 4.2. | Thanks to increasingly efficient use of medical devices and to the joined-up use of medical devices and medicines (i.e. electrochemotherapy), cancer is now considered to be a chronic disease, with life expectancy and quality of life virtually trebling in the last 10 years. |
| --- | --- |

4.2.

Thanks to increasingly efficient use of medical devices and to the joined-up use of medical devices and medicines (i.e. electrochemotherapy), cancer is now considered to be a chronic disease, with life expectancy and quality of life virtually trebling in the last 10 years.

| 4.3. | Innovative medical technology delivers extremely important benefits to Europe’s citizens by helping them to live healthier lives for a longer time. Many people who were chronically ill, disabled, or suffering chronic pain can now lead normal or close-to-normal lives. Here are some examples:






  — | The use of coronary stents in the treatment of cardiovascular disease has reduced the number of people dying from heart attacks or suffering heart failure. |
| --- | --- | --- |

4.3.

Innovative medical technology delivers extremely important benefits to Europe’s citizens by helping them to live healthier lives for a longer time. Many people who were chronically ill, disabled, or suffering chronic pain can now lead normal or close-to-normal lives. Here are some examples:

—

The use of coronary stents in the treatment of cardiovascular disease has reduced the number of people dying from heart attacks or suffering heart failure.

| — | Patients suffering from diabetes now have access to very accurate blood glucose monitoring technologies, which reduces the risk of diabetes complications such as blindness and peripheral nerve damage. |
| --- | --- |

—

Patients suffering from diabetes now have access to very accurate blood glucose monitoring technologies, which reduces the risk of diabetes complications such as blindness and peripheral nerve damage.

| — | The use of minimally invasive surgical techniques to treat aneurysms allows a recovery time of around four weeks, compared with over a year for older procedures. |
| --- | --- |

—

The use of minimally invasive surgical techniques to treat aneurysms allows a recovery time of around four weeks, compared with over a year for older procedures.

| 4.4. | The innovative field of 3D printing has a key role to play in the future empowerment of doctors, researchers and medical device manufacturers. 3D-printing technologies allow customisation in a wide variety of applications in the medical field, producing devices that are perfectly suited to a particular individual. There are already a number of application areas for 3D printing using specialised materials that must meet rigid and stringent bio-compatibility standards (bio-compatible, drug-contact materials, etc.). In addition, legislation is envisaged covering the treatment of products made with 3D printers and defining the applications of these products in the medical field. |
| --- | --- |

4.4.

The innovative field of 3D printing has a key role to play in the future empowerment of doctors, researchers and medical device manufacturers. 3D-printing technologies allow customisation in a wide variety of applications in the medical field, producing devices that are perfectly suited to a particular individual. There are already a number of application areas for 3D printing using specialised materials that must meet rigid and stringent bio-compatibility standards (bio-compatible, drug-contact materials, etc.). In addition, legislation is envisaged covering the treatment of products made with 3D printers and defining the applications of these products in the medical field.

5.   Biomedical engineering education and development in Europe

Biomedical engineering education and development in Europe

| 5.1. | The conclusions of the European Council of 20—21 March 2014 urged the Commission and the Member States ‘to address shortages in the area of science, technology, engineering and mathematics (STEM skills) as a matter of priority, with increased involvement of industry’. |
| --- | --- |

5.1.

The conclusions of the European Council of 20—21 March 2014 urged the Commission and the Member States ‘to address shortages in the area of science, technology, engineering and mathematics (STEM skills) as a matter of priority, with increased involvement of industry’.

| 5.2. | The EESC calls on the Commission to ensure adequate follow-up to this request from the European Council, at both European, national and local level. |
| --- | --- |

5.2.

The EESC calls on the Commission to ensure adequate follow-up to this request from the European Council, at both European, national and local level.

| 5.3. | The future EU 2020 strategy should include measures to promote the quality and availability of STEM skills in both the private and public sector. |
| --- | --- |

5.3.

The future EU 2020 strategy should include measures to promote the quality and availability of STEM skills in both the private and public sector.

| 5.4. | Biomedical engineering in medical and care services may play a major role in responding to general societal challenges like demographic change, shrinking of the tax base, and growth in demand for healthcare facilities. |
| --- | --- |

5.4.

Biomedical engineering in medical and care services may play a major role in responding to general societal challenges like demographic change, shrinking of the tax base, and growth in demand for healthcare facilities.

| 5.5. | In this respect the World Health Organization recognises that more biomedical engineering professionals are required to design, evaluate, regulate, maintain and manage medical devices, and train on their safe use in health systems around the world (14). |
| --- | --- |

5.5.

In this respect the World Health Organization recognises that more biomedical engineering professionals are required to design, evaluate, regulate, maintain and manage medical devices, and train on their safe use in health systems around the world (14).

14

| 5.6. | Member States should adopt long-term, coherent healthcare programmes and action plans to develop innovative research, new technologies and high-quality education in biomedical and other relevant areas of engineering. |
| --- | --- |

5.6.

Member States should adopt long-term, coherent healthcare programmes and action plans to develop innovative research, new technologies and high-quality education in biomedical and other relevant areas of engineering.

| 5.7. | The EU should promote a single market for the European medical technology industry, among other things through adequate standardisation in the field of biomedical engineering in combination with the care services industry, ICT and health informatics. This could offer tremendous advantages for European industry and enhance the quality of medical care. |
| --- | --- |

5.7.

The EU should promote a single market for the European medical technology industry, among other things through adequate standardisation in the field of biomedical engineering in combination with the care services industry, ICT and health informatics. This could offer tremendous advantages for European industry and enhance the quality of medical care.

| 5.8. | Special attention should be paid to SMEs, for instance in terms of their access to financing for start-ups, the promotion of innovative cooperation between SMEs and relevant research institutions, and steps to facilitate commercialisation of their inventions. |
| --- | --- |

5.8.

Special attention should be paid to SMEs, for instance in terms of their access to financing for start-ups, the promotion of innovative cooperation between SMEs and relevant research institutions, and steps to facilitate commercialisation of their inventions.

| 5.9. | Biomedical engineering is the fastest growing engineering discipline and is today considered one of the most promising career paths. It bridges the medical/biomedical and engineering disciplines, enhancing and increasing the efficiency of healthcare overall. Biomedical engineers design and build innovative devices such as artificial limbs and organs, new-generation imaging machines and advanced prosthetics; and they improve processes for genetic testing and for making and administering drugs. |
| --- | --- |

5.9.

Biomedical engineering is the fastest growing engineering discipline and is today considered one of the most promising career paths. It bridges the medical/biomedical and engineering disciplines, enhancing and increasing the efficiency of healthcare overall. Biomedical engineers design and build innovative devices such as artificial limbs and organs, new-generation imaging machines and advanced prosthetics; and they improve processes for genetic testing and for making and administering drugs.

| 5.10. | While the US has progressed in the development of biomedical engineering education and training opportunities, Europe, despite a large biotechnology medical and biological engineering sector and excellent education systems, has had difficulties in creating uniform standards because of persisting national jurisdictional barriers. The BIOMEDEA initiative launched in 2004 aims to develop and establish educational and professional standards in this field. |
| --- | --- |

5.10.

While the US has progressed in the development of biomedical engineering education and training opportunities, Europe, despite a large biotechnology medical and biological engineering sector and excellent education systems, has had difficulties in creating uniform standards because of persisting national jurisdictional barriers. The BIOMEDEA initiative launched in 2004 aims to develop and establish educational and professional standards in this field.

| 5.11. | Biomedical Engineering should be recognised in the EU Professional Qualifications Directive (15). |
| --- | --- |

5.11.

Biomedical Engineering should be recognised in the EU Professional Qualifications Directive (15).

15

| 5.12. | European and national strategies in health and care services and university research policies should complement one another to ensure a broad base of knowledge and experience from which it is easy to collaborate with industry (in particular SMEs), branch off start-ups and set up international collaborations. Calls should aim at integrating new emerging technologies and medical and biological science, so as to make Europe a global leader in medical technology (tackling real medical challenges). |
| --- | --- |

5.12.

European and national strategies in health and care services and university research policies should complement one another to ensure a broad base of knowledge and experience from which it is easy to collaborate with industry (in particular SMEs), branch off start-ups and set up international collaborations. Calls should aim at integrating new emerging technologies and medical and biological science, so as to make Europe a global leader in medical technology (tackling real medical challenges).

| 5.13. | Under the CRH-BME Tempus project, 150 universities across Europe are offering a total of 309 biomedical engineering programmes across BSc, MSc and PhD courses. The CEMACUBE European Masters programme, set up under the European Commission’s 2009-13 Erasmus Mundus Programme, aims to foster cooperation between higher education institutions and academic staff in Europe and third countries. Erasmus Mundus is no longer running as a course programme, which means that no more CEMACUBE scholarships are available. |
| --- | --- |

5.13.

Under the CRH-BME Tempus project, 150 universities across Europe are offering a total of 309 biomedical engineering programmes across BSc, MSc and PhD courses. The CEMACUBE European Masters programme, set up under the European Commission’s 2009-13 Erasmus Mundus Programme, aims to foster cooperation between higher education institutions and academic staff in Europe and third countries. Erasmus Mundus is no longer running as a course programme, which means that no more CEMACUBE scholarships are available.

Brussels, 23 April 2015.

The President of the European Economic and Social Committee

Henri MALOSSE

---

(1)  J.F. Kennedy, André C Linnenbank, EAMBES (EESC hearing).

1

(2)  Manfred Bammer, head of Biomedical Systems, AIT (EESC hearing).

2

(3)  Ruxandra Draghia-Akli, Director Health, DG Research and Innovation, European Commission (EESC hearing).

3

(4)  See footnote 3.

4

(5)  Prof. Ștefan N. Constantinescu, Head of Signal Transduction & Molecular Haematology Unit. Member of Ludwig Institute for Cancer Research Ltd, de Duve Institute, Université Catholique de Louvain. (EESC hearing).

5

(6)  OECD Health Statistics 2014.

6

(7)  The European Medical Technology Industry in Figures.. MedTech Europe 2013.

7

(8)  http://www.bls.gov/ooh/architecture-and-engineering/biomedical-engineers.htm

8

(9)  http://money.cnn.com/pf/best-jobs/2013/snapshots/1.html

9

(10)  See footnote 7.

10

(11)  See EESC opinion on ‘Nanoscience and nanotechnology’ — ‘Action Plan 2005-2009’ (OJ C 185, 8.8.2006, p. 1).

11

(12)  Nicolas Gouze, General Secretary of ETP Nanomedicine (EESC hearing).

12

(13)  Prof. Pascal Verdonck NCBME, Senior full professor ‘biomedical engineering’, Ghent University; Director of Institute of Maria Middelares’, Ghent (EESC hearing).

13

(14)  WHO, last visited 23 March 2015; http://www.who.int/medical_devices/support/en/

14

(15)  André C Linnenbank, Secretary-General EAMBES (EESC hearing).

15

---

III Preparatory acts

EUROPEAN ECONOMIC AND SOCIAL COMMITTEE

507th EESC plenary session of 22 and 23 April 2015

| 4.9.2015 | EN | Official Journal of the European Union | C 291/54 |
| --- | --- | --- | --- |

4.9.2015

EN

Official Journal of the European Union

C 291/54

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Opinion of the European Economic and Social Committee on the ‘Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions: The urban dimension of EU policies — Key features of an EU urban agenda’

(COM(2014) 490 final)

(2015/C 291/08)

| Rapporteur: | Etele BARÁTH |
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Rapporteur:

Etele BARÁTH

On 18 July 2014, the European Commission decided to consult the European Economic and Social Committee, under Article 304 of the Treaty on the Functioning of the European Union, on the

Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions: The urban dimension of EU policies — Key features of an EU urban agenda

(COM(2014) 490 final).

The Section for Economic and Monetary Union and Economic and Social Cohesion, which was responsible for preparing the Committee’s work on the subject, adopted its opinion on 26 March 2015.

At its 507th plenary session, held on 22 and 23 April 2015 (meeting of 23 April), the European Economic and Social Committee adopted the following opinion by 151 votes to 2 with 2 abstentions.

1.   Conclusions and recommendations

| 1.1. | The ongoing financial crisis is still a drag on the growth of EU economic competitiveness, measures to strengthen social and territorial cohesion and even efforts to keep it at its current level. The EU is now much further away from meeting the goals of the Europe 2020 strategy than it was in 2010 as a result of European policies or, more specifically, the fact that they have not been fully implemented. |
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1.1.

The ongoing financial crisis is still a drag on the growth of EU economic competitiveness, measures to strengthen social and territorial cohesion and even efforts to keep it at its current level. The EU is now much further away from meeting the goals of the Europe 2020 strategy than it was in 2010 as a result of European policies or, more specifically, the fact that they have not been fully implemented.

| 1.2. | The EESC believes that the new European Commission, which recently took office, and the guidelines it has issued on ‘A new start for Europe’ will have a significant impact on the development of cities and urban areas, and therefore on the content of the urban agenda, given that they set out fresh priorities in the areas of cooperation on governance, development of economic and financial instruments and risk-taking, as well as the development of human capital and physical infrastructure and creation of networks at European level. |
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1.2.

The EESC believes that the new European Commission, which recently took office, and the guidelines it has issued on ‘A new start for Europe’ will have a significant impact on the development of cities and urban areas, and therefore on the content of the urban agenda, given that they set out fresh priorities in the areas of cooperation on governance, development of economic and financial instruments and risk-taking, as well as the development of human capital and physical infrastructure and creation of networks at European level.

| 1.3. | In the light of the new funding available and the way in which it will be used, the EESC believes that reform of economic governance, efforts to make it more efficient and effective, make it necessary to reassess the role of cities and urban areas in economic development, job creation and the establishment of key social and environmental conditions, and to ensure that it is better adapted to the tasks at hand. |
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1.3.

In the light of the new funding available and the way in which it will be used, the EESC believes that reform of economic governance, efforts to make it more efficient and effective, make it necessary to reassess the role of cities and urban areas in economic development, job creation and the establishment of key social and environmental conditions, and to ensure that it is better adapted to the tasks at hand.

| 1.4. | The EESC underlines the need, alongside the drafting and adoption of an urban agenda, to adapt the objectives set out in the operational programmes to the conditions modified by the strategic investment programme. Under the current partnership agreements, these operational programmes also make use of the European Structural and Cohesion Funds. New instruments and financing models may need to be designed and put into practice in order to create integrated urban development. |
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1.4.

The EESC underlines the need, alongside the drafting and adoption of an urban agenda, to adapt the objectives set out in the operational programmes to the conditions modified by the strategic investment programme. Under the current partnership agreements, these operational programmes also make use of the European Structural and Cohesion Funds. New instruments and financing models may need to be designed and put into practice in order to create integrated urban development.

| 1.5. | The European Economic and Social Committee would like to reiterate and add to the points made in its previous opinions, according to which it is important, timely and essential to draw up an urban agenda and to turn this into a fully-fledged European policy in order to address current shortcomings. By 2050, 80 % of the EU’s population will live in urban areas. Even today, the prosperity of the EU depends on the prosperity of cities. |
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1.5.

The European Economic and Social Committee would like to reiterate and add to the points made in its previous opinions, according to which it is important, timely and essential to draw up an urban agenda and to turn this into a fully-fledged European policy in order to address current shortcomings. By 2050, 80 % of the EU’s population will live in urban areas. Even today, the prosperity of the EU depends on the prosperity of cities.

| 1.6. | Making greater use of the resources of cities and their regional systems, exploiting the economic and social advantages of multilevel governance and promoting territorial and urban coordination of various sectoral policies could generate considerable added value, but this would also require a new approach and fresh efforts on the part of European authorities. However, owing to the lack of coordination that has been the hallmark of the developments that have taken place, there is a risk that social or environmental crises might arise at local or regional level which could even jeopardise the expansion of the urban environment in the broader sense. |
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1.6.

Making greater use of the resources of cities and their regional systems, exploiting the economic and social advantages of multilevel governance and promoting territorial and urban coordination of various sectoral policies could generate considerable added value, but this would also require a new approach and fresh efforts on the part of European authorities. However, owing to the lack of coordination that has been the hallmark of the developments that have taken place, there is a risk that social or environmental crises might arise at local or regional level which could even jeopardise the expansion of the urban environment in the broader sense.

| 1.7. | Possible partnerships at different levels, the structured participation of the business community and civil society in the various stages of the decision-making process — from drafting to implementation — will also create added value. The EESC proposes strengthening the role of strategic planning underpinned by broad democratic participation, and stepping up public participation and oversight as part of this planning process. |
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1.7.

Possible partnerships at different levels, the structured participation of the business community and civil society in the various stages of the decision-making process — from drafting to implementation — will also create added value. The EESC proposes strengthening the role of strategic planning underpinned by broad democratic participation, and stepping up public participation and oversight as part of this planning process.

| 1.8. | Through the urban agenda, it should be possible for policy, administration, the economy, infrastructure and the role of civil society stakeholders to develop in an innovative and harmonious fashion while ensuring the maximum respect for natural resources. |
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1.8.

Through the urban agenda, it should be possible for policy, administration, the economy, infrastructure and the role of civil society stakeholders to develop in an innovative and harmonious fashion while ensuring the maximum respect for natural resources.

| 1.9. | The EESC believes that, with a view to laying the foundations for the urban agenda, a strategy for the European urban network should also be developed, based on the results achieved so far. Such a strategy would seek to generate links between sectoral policies and the network of agglomerations as it is actually laid out in the relevant area. |
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1.9.

The EESC believes that, with a view to laying the foundations for the urban agenda, a strategy for the European urban network should also be developed, based on the results achieved so far. Such a strategy would seek to generate links between sectoral policies and the network of agglomerations as it is actually laid out in the relevant area.

| 1.10. | As part of the mid-term review of the Europe 2020 strategy, the framework of an urban policy could and should be developed, accompanied by a different, longer-term timeframe and on the basis of coordination and the subsidiarity principle. |
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1.10.

As part of the mid-term review of the Europe 2020 strategy, the framework of an urban policy could and should be developed, accompanied by a different, longer-term timeframe and on the basis of coordination and the subsidiarity principle.

| 1.11. | The ‘high-level’ consultative body, which has members from all 28 EU Member States, and which was set up to strengthen the governance of the macro-regional strategies, could take on the chief role in overseeing coordinated, partnership-based governance of the urban policy, provided that the economic and social partners and representatives of regional interests are involved. |
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1.11.

The ‘high-level’ consultative body, which has members from all 28 EU Member States, and which was set up to strengthen the governance of the macro-regional strategies, could take on the chief role in overseeing coordinated, partnership-based governance of the urban policy, provided that the economic and social partners and representatives of regional interests are involved.

| 1.12. | The EESC recommends that the European Commission develop the management skills needed to perform the duties associated with the coordinated implementation of the proposed urban policy and its monitoring and evaluation activities. In this connection, a high-level working group on urban development should be set up alongside the Commission’s existing Interservice Group on Urban Development. The objective of this task force would also be to devise a consistent and effective European urban agenda extending to 2050. |
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1.12.

The EESC recommends that the European Commission develop the management skills needed to perform the duties associated with the coordinated implementation of the proposed urban policy and its monitoring and evaluation activities. In this connection, a high-level working group on urban development should be set up alongside the Commission’s existing Interservice Group on Urban Development. The objective of this task force would also be to devise a consistent and effective European urban agenda extending to 2050.

2.   The need for an urban agenda

| 2.1. | The European Commission communication stresses that, ‘although cities’ role for economic, social and cultural development, and their potential for a more resource efficient habitat, have long been recognised, the policy response at European and national level has been slow and piecemeal, with many but poorly integrated sectoral initiatives’. |
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2.1.

The European Commission communication stresses that, ‘although cities’ role for economic, social and cultural development, and their potential for a more resource efficient habitat, have long been recognised, the policy response at European and national level has been slow and piecemeal, with many but poorly integrated sectoral initiatives’.

| 2.2. | ‘This is expressed by calls for an EU urban agenda coming from a range of stakeholders at the EU, national and local level. As a response to these calls, the European Commission organised a CITIES Forum to initiate a debate on the need for an EU urban agenda. Following the CITIES Forum, Member States discussed the necessity to develop an EU Urban Agenda, recognising the demand and expectations from the European Parliament, the Committee of the Regions, city associations and cities themselves, and their readiness to engage in the process.’ |
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2.2.

‘This is expressed by calls for an EU urban agenda coming from a range of stakeholders at the EU, national and local level. As a response to these calls, the European Commission organised a CITIES Forum to initiate a debate on the need for an EU urban agenda. Following the CITIES Forum, Member States discussed the necessity to develop an EU Urban Agenda, recognising the demand and expectations from the European Parliament, the Committee of the Regions, city associations and cities themselves, and their readiness to engage in the process.’

| 2.3. | On the basis of a broad consensus among the Member States, the Commission has submitted its proposal on the drafting of an EU urban agenda for public debate. |
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2.3.

On the basis of a broad consensus among the Member States, the Commission has submitted its proposal on the drafting of an EU urban agenda for public debate.

| 2.4. | In response to this invitation, the European Economic and Social Committee has prepared an opinion drawing on what is known so far and the communication. |
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2.4.

In response to this invitation, the European Economic and Social Committee has prepared an opinion drawing on what is known so far and the communication.

| 2.5. | However, the EESC believes that its opinion should go beyond the topical issues relating to the urban agenda and issue guidelines for the long term, capable of supporting the European Commission in the design of an appropriate programme while helping the Member States to carry out their tasks effectively as part of the agenda’s implementation. |
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2.5.

However, the EESC believes that its opinion should go beyond the topical issues relating to the urban agenda and issue guidelines for the long term, capable of supporting the European Commission in the design of an appropriate programme while helping the Member States to carry out their tasks effectively as part of the agenda’s implementation.

| 2.6. | Because of their complexity and the leading role they have played and will continue to play in the continent’s development and their crucial role in Europe’s future development, European cities and their networks represent Europe’s specific unique values. |
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2.6.

Because of their complexity and the leading role they have played and will continue to play in the continent’s development and their crucial role in Europe’s future development, European cities and their networks represent Europe’s specific unique values.

| 2.7. | Europe is faced with a range of growing challenges relating to the economy, broader society and the environment. These challenges have a territorial dimension, but above all they have a particularly pronounced urban dimension. Generally speaking, poverty, social segregation and environmental degradation are concentrated in cities or their surrounding areas (1). These issues pose a growing challenge, particularly in areas of cities suffering from other disadvantages. |
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2.7.

Europe is faced with a range of growing challenges relating to the economy, broader society and the environment. These challenges have a territorial dimension, but above all they have a particularly pronounced urban dimension. Generally speaking, poverty, social segregation and environmental degradation are concentrated in cities or their surrounding areas (1). These issues pose a growing challenge, particularly in areas of cities suffering from other disadvantages.

| 2.7.1. | The EESC highlights the existence of certain challenges resulting from migration. On the one hand, emigration is on the rise from European regions and cities whose development lags behind or which are growing at a slower rate, resulting in a significant loss of value for the areas concerned, while, on the other hand, the process of immigration to the EU poses both a cultural and economic challenge for urban societies. |
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2.7.1.

The EESC highlights the existence of certain challenges resulting from migration. On the one hand, emigration is on the rise from European regions and cities whose development lags behind or which are growing at a slower rate, resulting in a significant loss of value for the areas concerned, while, on the other hand, the process of immigration to the EU poses both a cultural and economic challenge for urban societies.

| 2.8. | At the same time, cities and the regions of which they form the centre are where responses to these challenges can be found. Well organised and properly managed urban areas are the most favourable environments for economic development, effective use of resources, social and economic innovation and social inclusion (2). |
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2.8.

At the same time, cities and the regions of which they form the centre are where responses to these challenges can be found. Well organised and properly managed urban areas are the most favourable environments for economic development, effective use of resources, social and economic innovation and social inclusion (2).

| 2.8.1. | There have been significant changes to the way in which the European Union is governed, mainly because of the crisis responses of the past decade. The message sent out so far by the institutions — which have seen new forces emerge — as well as the results of the mid-term review of the Europe 2020 strategy have been geared mainly towards economic growth, job creation, innovation and social inclusion. |
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2.8.1.

There have been significant changes to the way in which the European Union is governed, mainly because of the crisis responses of the past decade. The message sent out so far by the institutions — which have seen new forces emerge — as well as the results of the mid-term review of the Europe 2020 strategy have been geared mainly towards economic growth, job creation, innovation and social inclusion.

| 2.8.2. | Preserving and enriching European democratic values, the roots of which are intrinsically linked to the history of urban development, will be a key priority in future. |
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2.8.2.

Preserving and enriching European democratic values, the roots of which are intrinsically linked to the history of urban development, will be a key priority in future.

| 2.9. | The historical characteristics of European cities, with their varying sizes and levels of development, as well as their networks, make them both the guardians and the birthplace of these different capacities and roles, which the modern world seeks to convey through innovation. |
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2.9.

The historical characteristics of European cities, with their varying sizes and levels of development, as well as their networks, make them both the guardians and the birthplace of these different capacities and roles, which the modern world seeks to convey through innovation.

| 2.9.1. | As the recent crisis has taught us, the economies of metropolitan areas are better able to withstand fluctuations in the global economy. This greater resistance is presumably linked to the diversification that characterises the economies of big cities, the strong ties woven into them and, on the basis of this, the strong capacity of metropolitan areas to renew and adapt. However, the EU urban agenda should pay special attention to the appropriate development of the local economy, including small and micro-enterprises as well as retail sales and crafts. |
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2.9.1.

As the recent crisis has taught us, the economies of metropolitan areas are better able to withstand fluctuations in the global economy. This greater resistance is presumably linked to the diversification that characterises the economies of big cities, the strong ties woven into them and, on the basis of this, the strong capacity of metropolitan areas to renew and adapt. However, the EU urban agenda should pay special attention to the appropriate development of the local economy, including small and micro-enterprises as well as retail sales and crafts.

| 2.9.2. | A large proportion of the social problems that are heavily concentrated in cities can be solved by applying innovative solutions. As is the case for the economy, cities are the main platform for the various forms of social innovation. It is the complexity of urban systems and the way in which they function that enables the economy to regenerate and new economic forms to emerge and take root. |
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2.9.2.

A large proportion of the social problems that are heavily concentrated in cities can be solved by applying innovative solutions. As is the case for the economy, cities are the main platform for the various forms of social innovation. It is the complexity of urban systems and the way in which they function that enables the economy to regenerate and new economic forms to emerge and take root.

| 2.9.3. | In order to strengthen capacity for renewal, there should be continued efforts to promote the establishment of city networks and the various forms of disseminating good practices relating to the different aspects of urban policies, thereby helping to increase European added value. |
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2.9.3.

In order to strengthen capacity for renewal, there should be continued efforts to promote the establishment of city networks and the various forms of disseminating good practices relating to the different aspects of urban policies, thereby helping to increase European added value.

| 2.10. | We should therefore welcome, not least for the reasons outlined above, the European Commission initiative to draw up an urban agenda and support efforts to ensure that the establishment and development of the urban policy is based on broad consultation. |
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2.10.

We should therefore welcome, not least for the reasons outlined above, the European Commission initiative to draw up an urban agenda and support efforts to ensure that the establishment and development of the urban policy is based on broad consultation.

| 2.10.1. | Civil society wishes to continue to take part in this process, on the basis of the way in which it has been newly organised. |
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2.10.1.

Civil society wishes to continue to take part in this process, on the basis of the way in which it has been newly organised.

3.   EU urban agenda

| 3.1. | While the EU has so far refrained — and will continue to do so — from developing an urban policy amounting to direct involvement in urban development, this is not purely because of the subsidiarity principle and the values of multilevel governance. It is also due to the fact that urban development and, more generally, that of residential areas is based on another logic, which regards the spatial dimension as a key factor, unlike most sectoral policies. |
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3.1.

While the EU has so far refrained — and will continue to do so — from developing an urban policy amounting to direct involvement in urban development, this is not purely because of the subsidiarity principle and the values of multilevel governance. It is also due to the fact that urban development and, more generally, that of residential areas is based on another logic, which regards the spatial dimension as a key factor, unlike most sectoral policies.

| 3.2. | When the European Union added a territorial cohesion objective to its economic and social cohesion policy, it took a decisive step forward by using the tools at its disposal to make a real impact on the spatial structure of Europe’s society, economy and environment. |
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3.2.

When the European Union added a territorial cohesion objective to its economic and social cohesion policy, it took a decisive step forward by using the tools at its disposal to make a real impact on the spatial structure of Europe’s society, economy and environment.

| 3.3. | The results and shortcomings identified to date, have, however, drawn attention to the fact that while cohesion policy has been supplemented by the territorial dimension, it has not fully achieved its objectives. This could not be fully achieved due to the lack of a unifying and coordinating policy that sets out guidelines on the following:






  — | the implementation at regional and local levels of sectoral policies framed at the ‘macro’, pan-European level, on the one hand; and |
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3.3.

The results and shortcomings identified to date, have, however, drawn attention to the fact that while cohesion policy has been supplemented by the territorial dimension, it has not fully achieved its objectives. This could not be fully achieved due to the lack of a unifying and coordinating policy that sets out guidelines on the following:

—

the implementation at regional and local levels of sectoral policies framed at the ‘macro’, pan-European level, on the one hand; and

| — | individual and self-regulatory cooperation between regions and municipalities, on the other (3). |
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—

individual and self-regulatory cooperation between regions and municipalities, on the other (3).

| 3.4. | Steps should be taken to ensure that the content of this coordination policy is in line with the subsidiarity principle. |
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3.4.

Steps should be taken to ensure that the content of this coordination policy is in line with the subsidiarity principle.

| 3.5. | The Lisbon Strategy’s triple objective — namely smart, sustainable and inclusive growth — will cease to be an abstract concept only when the economic, environmental and social links between these three elements become evident in practice. Interaction between them will take place at different urban system levels, where it will be possible to define and measure this process, enabling the triple objective to be developed in an effective and efficient manner. |
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3.5.

The Lisbon Strategy’s triple objective — namely smart, sustainable and inclusive growth — will cease to be an abstract concept only when the economic, environmental and social links between these three elements become evident in practice. Interaction between them will take place at different urban system levels, where it will be possible to define and measure this process, enabling the triple objective to be developed in an effective and efficient manner.

| 3.5.1. | Implementation of the EU’s key objectives within urban systems, such as the ever increasing use of information and communications technologies or raising awareness of energy issues at city level (such as ‘smart city’ initiatives), will help make the EU more competitive. |
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3.5.1.

Implementation of the EU’s key objectives within urban systems, such as the ever increasing use of information and communications technologies or raising awareness of energy issues at city level (such as ‘smart city’ initiatives), will help make the EU more competitive.

| 3.6. | An EU urban agenda is only possible if it is based on the revised objectives of the Europe 2020 strategy, the long-term strategy of the new European Commission supported by the European Parliament, and on mutual consideration of regional interests and those concerning long-term urban development, based on historical values. |
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3.6.

An EU urban agenda is only possible if it is based on the revised objectives of the Europe 2020 strategy, the long-term strategy of the new European Commission supported by the European Parliament, and on mutual consideration of regional interests and those concerning long-term urban development, based on historical values.

| 3.7. | The proposed urban agenda should be careful to ensure that — by pursuing a form of governance that fundamentally seeks to achieve the right balance — cities, their regions and metropolitan areas can guarantee:






  — | that processes which constitute, on the one hand, market and economic activities governed by interest-inspired laws and, and on the other hand, societal renewal driven by historical values, promote coordinated growth while preserving the environment; |
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3.7.

The proposed urban agenda should be careful to ensure that — by pursuing a form of governance that fundamentally seeks to achieve the right balance — cities, their regions and metropolitan areas can guarantee:

—

that processes which constitute, on the one hand, market and economic activities governed by interest-inspired laws and, and on the other hand, societal renewal driven by historical values, promote coordinated growth while preserving the environment;

| — | that the basic conditions of the renewal are met in a consistent and harmonious way, namely a skilled workforce, service-provision systems based on developed infrastructure and an inclusive natural and social environment — all of which are elements through which cities contribute to economic activity in a fundamental and indispensable way (4). |
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—

that the basic conditions of the renewal are met in a consistent and harmonious way, namely a skilled workforce, service-provision systems based on developed infrastructure and an inclusive natural and social environment — all of which are elements through which cities contribute to economic activity in a fundamental and indispensable way (4).

| 3.8. | The most important links between European policies and urban development can be defined in terms of the level of manpower and infrastructure required, and the environment needed for the various activities. The ‘production’ of these three key factors is a prerogative of urban systems. |
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3.8.

The most important links between European policies and urban development can be defined in terms of the level of manpower and infrastructure required, and the environment needed for the various activities. The ‘production’ of these three key factors is a prerogative of urban systems.

| 3.8.1. | It should be borne in mind that, while the EU’s policies — specifically those providing for economic and financial measures — and the key elements of the Europe 2020 strategy are of a medium and long-term nature, the timeframe of certain European sectoral policies can sometimes be very different. In the case of infrastructure development, for example, that can range from 30 to 50 years. |
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3.8.1.

It should be borne in mind that, while the EU’s policies — specifically those providing for economic and financial measures — and the key elements of the Europe 2020 strategy are of a medium and long-term nature, the timeframe of certain European sectoral policies can sometimes be very different. In the case of infrastructure development, for example, that can range from 30 to 50 years.

| 3.8.2. | Cities, their capacities and values, local society, and the quality of the built and natural environment are the product of a slow historical process, but they also evolve and adapt at a slower rate. |
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3.8.2.

Cities, their capacities and values, local society, and the quality of the built and natural environment are the product of a slow historical process, but they also evolve and adapt at a slower rate.

| 3.8.3. | This challenge has been met through the regionalisation of urban systems, creation of urban networks, measures to boost regional coordination and, more generally, through interinstitutional cooperation, all developments which ensure diversity alongside specialisation. The relatively stable way in which urban functions develop, the knowledge and capacity that has been built up, accompanied by advanced skills with an eye to cooperation create an environment ripe for constant renewal and innovation. |
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3.8.3.

This challenge has been met through the regionalisation of urban systems, creation of urban networks, measures to boost regional coordination and, more generally, through interinstitutional cooperation, all developments which ensure diversity alongside specialisation. The relatively stable way in which urban functions develop, the knowledge and capacity that has been built up, accompanied by advanced skills with an eye to cooperation create an environment ripe for constant renewal and innovation.

| 3.8.4. | When drawing up the urban agenda, consideration should be given to the diversity of European city networks and to the wide variety of cities that exist, which give rise to different approaches, namely:






  — | integrated urban development, which occurs when urban development policies and the tools at their disposal are flexible enough to be applied in an effective way to various situations and to the specific social, economic and environmental circumstances of cities, and thus to guarantee optimal inter-policy synergies; |
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3.8.4.

When drawing up the urban agenda, consideration should be given to the diversity of European city networks and to the wide variety of cities that exist, which give rise to different approaches, namely:

—

integrated urban development, which occurs when urban development policies and the tools at their disposal are flexible enough to be applied in an effective way to various situations and to the specific social, economic and environmental circumstances of cities, and thus to guarantee optimal inter-policy synergies;

| — | the tailor-made policy which extends to the whole network of cities, with a view to achieving an understanding of the multiple cooperation processes between European cities and a genuine influence over them. |
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—

the tailor-made policy which extends to the whole network of cities, with a view to achieving an understanding of the multiple cooperation processes between European cities and a genuine influence over them.

| 3.9. | To this end — and with a view to laying the foundations for the urban agenda — a strategy for the European urban network should also be developed, based on the results achieved so far. In this way, the European Union could provide significant added value to efforts to ensure widespread replication of specific results in the area of urban development. |
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3.9.

To this end — and with a view to laying the foundations for the urban agenda — a strategy for the European urban network should also be developed, based on the results achieved so far. In this way, the European Union could provide significant added value to efforts to ensure widespread replication of specific results in the area of urban development.

| 3.9.1. | Such a strategy would seek to create links between sectoral policies and the network of agglomerations as it is actually laid out in the relevant area. Different strategies could be drawn up for the various elements of the urban network within that strategy, on the basis of a single European framework. |
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3.9.1.

Such a strategy would seek to create links between sectoral policies and the network of agglomerations as it is actually laid out in the relevant area. Different strategies could be drawn up for the various elements of the urban network within that strategy, on the basis of a single European framework.

| 3.9.2. | The strategy for the European urban network would provide a territorial guideline to complement the EU’s sectoral policy (5). |
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3.9.2.

The strategy for the European urban network would provide a territorial guideline to complement the EU’s sectoral policy (5).

| 3.9.2.1. | The strategy sets out — in a differentiated but single and balanced framework — guidelines for the development of small, medium-sized and large cities and their networks, taking into account the specific characteristics of the factors that play a key role in this development. |
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3.9.2.1.

The strategy sets out — in a differentiated but single and balanced framework — guidelines for the development of small, medium-sized and large cities and their networks, taking into account the specific characteristics of the factors that play a key role in this development.

| 3.10. | One of the positive outcomes of the crisis, which is nearing its end, is the increased emphasis being given to the approach of going ‘beyond GDP’, the spread of more nuanced and varied interpretations of the concept of development. |
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3.10.

One of the positive outcomes of the crisis, which is nearing its end, is the increased emphasis being given to the approach of going ‘beyond GDP’, the spread of more nuanced and varied interpretations of the concept of development.

| 3.10.1. | There is no greater justification for the urgent need for an urban agenda than the fact that it is primarily the urban and municipal systems that play a key role in the development of indicators fundamentally reflecting quality of life and going beyond the factors which have so far been included in GDP. |
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3.10.1.

There is no greater justification for the urgent need for an urban agenda than the fact that it is primarily the urban and municipal systems that play a key role in the development of indicators fundamentally reflecting quality of life and going beyond the factors which have so far been included in GDP.

4.   Coordination functions

| 4.1. | The Commission’s general regulatory measures for the period 2014-20, the ‘partnership agreements’ and the operational programmes equipped with tools for their implementation are not able to totally bridge the gap that remains between the Commission’s system of macroeconomic governance, the targets of the Europe 2020 strategy and the tools for implementing cohesion policy. This confirms the need for an integrated urban policy. |
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4.1.

The Commission’s general regulatory measures for the period 2014-20, the ‘partnership agreements’ and the operational programmes equipped with tools for their implementation are not able to totally bridge the gap that remains between the Commission’s system of macroeconomic governance, the targets of the Europe 2020 strategy and the tools for implementing cohesion policy. This confirms the need for an integrated urban policy.

| 4.1.1. | Policies that enable integrated action are a vital element of a coordinated, multilevel decision-making process (6). |
| --- | --- |

4.1.1.

Policies that enable integrated action are a vital element of a coordinated, multilevel decision-making process (6).

| 4.1.2. | Given the systemic gaps described above, the needs of urban systems and networks could be integrated on a sectoral basis into the thematic (sectoral) policies by means of a policy of coordination that would be focused on a number of key factors and would enable systems developing and adapting slowly to cooperate — mainly through the development of networks — so as to address short-term needs. This policy of coordination would also be equipped with a strategic management system and operational implementing body capable of framing and applying corrections through measures based on continuous monitoring. |
| --- | --- |

4.1.2.

Given the systemic gaps described above, the needs of urban systems and networks could be integrated on a sectoral basis into the thematic (sectoral) policies by means of a policy of coordination that would be focused on a number of key factors and would enable systems developing and adapting slowly to cooperate — mainly through the development of networks — so as to address short-term needs. This policy of coordination would also be equipped with a strategic management system and operational implementing body capable of framing and applying corrections through measures based on continuous monitoring.

| 4.1.3. | The ‘high-level’ consultative body, which has members from all 28 EU Member States, and which was set up to strengthen the governance of the macro-regional strategies, could be the missing link, and oversee implementation of the proposed coordination policy. |
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4.1.3.

The ‘high-level’ consultative body, which has members from all 28 EU Member States, and which was set up to strengthen the governance of the macro-regional strategies, could be the missing link, and oversee implementation of the proposed coordination policy.

| 4.1.3.1. | In its current form, this body is not yet sufficiently developed. It is vital that local and regional players and socioeconomic partners be involved in framing policies and devising strategies, as well as in all stages of implementation. |
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4.1.3.1.

In its current form, this body is not yet sufficiently developed. It is vital that local and regional players and socioeconomic partners be involved in framing policies and devising strategies, as well as in all stages of implementation.

| 4.2. | In the context of the governance of cities and the regional systems built up around them, it is worth emphasising the forms of cooperation representative of democratically elected political leadership, independent economic interests and society’s value system. |
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4.2.

In the context of the governance of cities and the regional systems built up around them, it is worth emphasising the forms of cooperation representative of democratically elected political leadership, independent economic interests and society’s value system.

| 4.2.1. | For the EESC, it is extremely important that the participation of civil society (i.e. the representatives of socioeconomic interest groups and various interests) be an undisputed element of the EU’s multi-level governance, and this should apply at all stages, from the decision-making process to monitoring implementation. |
| --- | --- |

4.2.1.

For the EESC, it is extremely important that the participation of civil society (i.e. the representatives of socioeconomic interest groups and various interests) be an undisputed element of the EU’s multi-level governance, and this should apply at all stages, from the decision-making process to monitoring implementation.

| 4.2.2. | The representation of cross-cutting and regional policy interests on the one hand, and of socioeconomic interests on the other, carried out — and mutually reinforced — by the Committee of the Regions and the EESC respectively is an essential element of the EU’s governance (7). |
| --- | --- |

4.2.2.

The representation of cross-cutting and regional policy interests on the one hand, and of socioeconomic interests on the other, carried out — and mutually reinforced — by the Committee of the Regions and the EESC respectively is an essential element of the EU’s governance (7).

| 4.3. | In framing the urban programme, it is important to prioritise — given, in particular, the transformation of economic and financial governance into development policy — a small number of factors, so that a balance can be struck between diverging systems that are likely to constitute a basis for taking effective and efficient action. |
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4.3.

In framing the urban programme, it is important to prioritise — given, in particular, the transformation of economic and financial governance into development policy — a small number of factors, so that a balance can be struck between diverging systems that are likely to constitute a basis for taking effective and efficient action.

| 4.3.1. | In this regard too, it is important to reiterate the proposal for a high-level group or task force on the development of cities to be established alongside the Commission’s existing Interservice Group on Urban Development. The objective of this task force would be to devise a consistent and effective EU urban agenda extending to 2050. |
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4.3.1.

In this regard too, it is important to reiterate the proposal for a high-level group or task force on the development of cities to be established alongside the Commission’s existing Interservice Group on Urban Development. The objective of this task force would be to devise a consistent and effective EU urban agenda extending to 2050.

| 4.3.2. | This proposal ties in with that presented by the Committee of the Regions in its opinion COTER-V-046 (107th plenary session, 25 and 26 June 2014), in which it calls for cities and local and regional authorities to be closely involved in drawing up a White Paper on an integrated urban policy, and is also in line with what was agreed at the informal ministerial meeting held during the Greek presidency (Athens, 24 April). |
| --- | --- |

4.3.2.

This proposal ties in with that presented by the Committee of the Regions in its opinion COTER-V-046 (107th plenary session, 25 and 26 June 2014), in which it calls for cities and local and regional authorities to be closely involved in drawing up a White Paper on an integrated urban policy, and is also in line with what was agreed at the informal ministerial meeting held during the Greek presidency (Athens, 24 April).

Brussels, 23 April 2015.

The President of the European Economic and Social Committee

Henri MALOSSE

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(1)  COM(2014) 490 final.

1

(2)  See footnote 1.

2

(3)  See footnote 1.

3

(4)  See footnote 1.

4

(5)  See footnote 1.

5

(6)  See footnote 1.

6

(7)  See footnote 1.

7

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| 4.9.2015 | EN | Official Journal of the European Union | C 291/60 |
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4.9.2015

EN

Official Journal of the European Union

C 291/60

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Opinion of the European Economic and Social Committee on the Proposal for a Regulation of the European Parliament and of the Council fixing the adjustment rate provided for in Regulation (EU) No 1306/2013 for direct payments in respect of calendar year 2015

[COM(2015) 141 final — 2015/0070 COD]

(2015/C 291/09)

On 7 April 2015, the Council decided to consult the European Economic and Social Committee, under Article 43(2) of the TFEU, on the

Proposal for a Regulation of the European Parliament and of the Council fixing the adjustment rate provided for in Regulation (EU) No 1306/2013 for direct payments in respect of calendar year 2015

[COM(2015) 141 final — 2015/0070 COD].

Since the Committee has already set out its views on the content of the proposal in question in its opinions in OJ C 271, 19.9.2013, p. 143, adopted on 22 May 2013 (1) and OJ C 424, 26.11.2014, p. 73, adopted on 5 June 2014 (2), it decided, at its 507th plenary session of 22 and 23 April 2015 (meeting of 22 April), by 152 votes to 2 with 7 abstentions, not to draw up a new opinion on the subject, but to refer to the position it had taken in the above-mentioned documents.

Brussels, 22 April 2015.

The President of the European Economic and Social Committee

Henri MALOSSE

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(1)  EESC opinion on the Proposal for a Regulation of the European Parliament and of the Council on fixing an adjustment rate to direct payments provided for in Regulation (EC) No 73/2009 in respect of calendar year 2013 (OJ C 271, 19.9.2013, p. 143).

1

(2)  EESC opinion on the Proposal for a Regulation of the European Parliament and of the Council on fixing an adjustment rate for direct payments provided for in Council Regulation (EC) No 73/2009 in respect of calendar year 2014 (OJ C 424, 26.11.2014, p. 73).

2

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