Communication from the Commission on the Social Agenda
Date: 2005-02-09
Institutions: European Commission
Subjects: European social policy, job access, social policy, social security

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 9.2.2005 
COM(2005) 33 final 

COMMUNICATION FROM THE COMMISSION 

on the Social Agenda 

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COMMUNICATION FROM THE COMMISSION 

The Social Agenda 

"A social Europe in the global economy: jobs and opportunities for all”, this is the motto of 
the second phase of the Social Agenda covering the period up to 2010. As the Commission 
has mentioned in its Communication on the mid-term review of the Lisbon strategy, the vision 
that  binds  us  together,  confirmed  in  the  Constitution,  consists  of  ensuring  "the  sustainable 
development  of  Europe  based  on  balanced  economic  growth  and  price  stability,  a  highly 
competitive social market economy, aiming at full employment and social progress and a high 
level of protection and improvement of the quality of the environment".  

The Commission is fully committed to the modernisation and development of the European 
social  model  as  well  as  to  the  promotion  of  social  cohesion,  as  part  both  of  the  Lisbon 
Strategy1 and of the Sustainable Development Strategy2. This agenda identifies the priorities 
which should guide the European Union's action in this domain.  

The  review  of  the  Social  Agenda  complements  and  supports  the  mid-term  review  of  the 
Lisbon  Strategy,  which  has  focused  on  growth  and  jobs.  The  Agenda  has  a  key  role  in 
promoting the social dimension of economic growth. 

Significant progress was already made in the period 2000-2004. The task now is to improve 
the implementation of the measures foreseen by the Social Agenda, on the basis of principles 
that have proved their worth. These principles should make it possible to: 

•  pursue  an  integrated  European  approach  guaranteeing  positive  interplay  between 

economic, social and employment policies; 

•  promote quality – of employment, social policy and industrial relations –, which, in return, 

should make it possible to improve human and social capital; 

•  modernise systems of social protection by adapting them to the current requirements of our 
societies, on the basis of solidarity and by strengthening their role as a productive factor; 

•  take account of the “cost of the lack of social policy”. 

The  added  value  of  the  Social  Agenda  is  beyond  doubt.  The  Agenda  makes  it  possible  to 
facilitate  the  modernisation  of  national  systems  against  a  background  of  far-reaching 
economic and social changes. It supports the harmonious operation of the single market while 
ensuring respect for fundamental rights and common values. 

The  importance  of  this  approach  has  been  underlined  by  the  European  Parliament  in  its 
different opinions in recent years on the social aspects of the Lisbon strategy. 

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The Agenda also draws on the report of the High-Level Group on “the future of social policy” 
and the recent contribution of the third Kok report of October 2004, “Facing the challenge”. 
Lastly, it takes account of the open, interactive debates organised under the Dutch Presidency 
in the second half of 2004. 

The Agenda develops a two-pronged strategy. 

Firstly,  it  emphasises  its  role  in  strengthening  citizens’  confidence.  This  confidence  is 
essential for managing the process of change and plays a key role in encouraging economic 
growth. The Agenda describes the combination of Community instruments for improving the 
quality of its implementation and presents, in this context, three key conditions for success: an 
intergenerational  approach,  a  partnership  for  change  and  the  need  to  seize  the  opportunities 
offered by globalisation. 

Secondly,  it  presents  key  measures  under  two  major  headings,  which  are  covered  by  the 
Commission’s  strategic  objectives  2005-20093:  (1)  employment  (under  the  prosperity 
objective)  and,  linked  to  that,  (2)  equal  opportunities  and  inclusion  (under  the  solidarity 
objective). The Agenda combines the consolidation of a common European framework with 
the  implementation  of  diversified  measures  to  respond  to  specific  needs.  In  this  way,  it 
supports  the  motto  “United  in  diversity”,  which  is  proclaimed  by  the  draft  Constitutional 
Treaty. 

1. 

BUILDING CONFIDENCE — MEANS AND CONDITIONS FOR SUCCESS  

1.1. 

Building confidence 

The Agenda aims to modernise the European social model, especially by improving collective 
capacity to act, and to offer new chances to all. 

The  main  driving  forces  behind  change  —  increased  competition  in  a  global  context, 
technological development and population ageing — will speed up by the end of this decade. 
Major challenges remain: the low rate of employment, unemployment, poverty, inequality and 
discrimination. 

Through modernising social policies, the measures proposed are designed to enable citizens to 
gain confidence in their own ability to effectively manage these changes. 

1.2. 

The instruments 

In order to implement the Social Agenda, the EU has a range of instruments at its disposal: 
legislation, the social  dialogue, financial instruments – especially the European Social Fund 
(ESF) and the PROGRESS programme – the "open method of coordination" - which supports 
Member  States  efforts  in  modernising  employment  and  social  protection  systems  and  the 
principle of mainstreaming. The link between the ESF and the policy framework established 
by  the  Social  Agenda  will  be  strengthened.  The  ESF  will  provide  support  for  the  Member 
States’  policies  to  implement  the  guidelines  and  recommendations  adopted  under  the 
European Employment Strategy (EES) and the objectives approved by the EU in the area of 
social inclusion. 

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The  ESF  invests  directly  in  the  implementation  of  policies  approved  at  European  level  and 
drawn up in the Member States. While respecting the particular situation in each country, the 
ESF will provide specific European added value. Indeed, investment in the training of people 
and  the  promotion  of  social  capital  that  is  capable  of  creating  confidence  and  promoting 
partnerships  have  considerable  influence  over  the  attainment  of  economic,  social  and 
employment objectives and could thus help to make up for lost time in the implementation of 
reforms.  

In the Member States and the regions that will be eligible under the proposed 'Convergence' 
heading,  there  are  major  socio-economic  disparities:  the  growth  and  cohesion  objectives 
cannot  be  achieved  without  Community  funding.  In  the  Member  States  that  will  receive 
funding under the proposed 'regional competitiveness and employment' heading, the ESF will 
play the role of a catalyst; it will also support exchanges of experience. 

The  complementarity  between  the  Agenda  and  both  the  mid-term  review  of  the  Lisbon 
strategy  and  the  sustainable  development  strategy  makes  it  necessary  to  ensure  close 
dovetailing with other Community policies on the internal market, industry, competition and 
trade.  This  approach  implies  taking  full  account  of  social  and  employment  dimensions  in 
other Community policies, and vice-versa. The integrated Impact Assessment tool developed 
by the Commission provides a valuable methodological contribution. Accordingly, the Social 
Agenda draws its inspiration from the Constitutional Treaty, which proclaims the importance 
of an integrated approach. 

1.3. 

Three conditions for success 

The  Agenda  can  only  succeed  by  involving  all  the  constituent  parts  of  the  European 
population:  change  must  be  founded  on  a  new  intergenerational  approach.  Similarly,  the 
objectives  of  employment,  solidarity  and  social  inclusion  cannot  be  separated  from  the 
globalised economy, where the competitiveness and attractiveness of Europe are at stake. This 
opening-up on two fronts requires strong and active participation of all concerned. 

1.3.1.  An intergenerational approach: chances for young people 

1.3.1.1.  A Green Paper on the intergenerational dimension 

The  changes  brought  about  by  the  demographic  development  of  European  populations,  the 
need to adapt systems of social protection and pensions to these changes and, finally, the need 
to link this process of thought to the whole question of migration are major challenges. 

That  is  why  it  is  necessary  to  analyse  the  future  challenges  in  the  relations  between  the 
generations and in the position of the families. To this end, the Commission will put forward a 
Green Paper on the intergenerational dimension in 2005. 

A  Green  Paper  on  the  intergenerational  dimension:  analysing  the  demographic  changes  of 
European populations and their consequences 

1.3.1.2.  A contribution to the European Initiative for Youth 

A commitment for youth, especially with a view to creating a dynamic relationship between 
the generations, expresses confidence in the future and rejects the fatalistic view of ageing and 
scepticism. A European initiative for youth will mark this commitment.  

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The commitment of the social partners, in the form of an intergenerational partnership, which 
they  have  already  announced  will  be  a  crucial  contribution  to  this  initiative,  as  will  the 
incorporation of the youth dimension into the employment and social inclusion strategies. 

An intergenerational partnership: a contribution to the European Initiative for Youth 

1.3.2.  The partnership for change 

The partnership between the authorities, the social partners and civil society is one of the keys 
to the success of European policies. In order to promote support for the reforms, the European 
Council of March 2004 called on the Member States to set up partnerships for change.  

It is also necessary to take stock of the progress made in the participation of all players in the 
implementation of European policies. To this end, the Commission will propose:  

The  organisation  of  an  annual  meeting  of  all  players  concerned  in  a  forum  to  evaluate  the 
implementation of the Agenda 

1.3.3.  The external dimension 

The  report  of  the  World  Commission  on  the  Social  Dimension  of  Globalisation  and  the 
Commission's own proposals offer a good basis to make substantial progress in strengthening 
the social dimension of globalisation. 

•  The  Agenda  seeks  ways  of  benefiting  from  the  exchange  of  experience  between  the  EU 
and  its  partners  on  the  close  link  between  economic  progress  and  social  progress,  taking 
account  of  the  impact  of  foreign  trade  on  competitiveness:  firstly  with  the  candidate 
countries,  neighbouring  countries  and  other  third  countries,  like  industrialised  countries 
(USA,  Japan),  emerging  economies  (China,  Brazil,  India,  South  Africa)  and  developing 
countries; 

•  secondly  with  international  organisations  like  the  ILO,  OECD  and  UN  and  with 
organisations involved in economic governance (IMF, World Bank, WTO), in order to take 
greater account of the social dimension of globalisation and the social pillar of sustainable 
development. 

The promotion of decent work for all should be a world objective at all levels, as called for by 
the World Commission on the Social Dimension of Globalisation. This objective is in keeping 
with the Millennium Development Goals, the commitments of the Copenhagen World Social 
Summit and economic governance. 

In addition, the Commission will set up an interdepartmental group to promote consideration 
of the external dimension of employment, social policy and decent work.  

The  incorporation  of  the  European  social  model  into  external  dialogue  and  measures  at 
bilateral, regional and multilateral level 

The promotion of decent work as a global objective at all levels 

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2. 

THE TWO PRIORITY AREAS 

2.1.  Moving towards full employment: making work a real option for all, increasing 

the quality and productivity of work, and anticipating and managing change  

Achieving full employment 

A  revamped  cycle  of  the  European  Employment  Strategy  (EES)  in  2005  under  the  Lisbon 
mid-term review  

An ESF fostering convergence, employment and competitiveness 

Anticipation and positive management of change: a strategic approach 

In  order  to  attain  the  Lisbon  growth  and  jobs  objectives,  Europe  needs  a  greater  number  of 
active workers, who are also more productive. This will underpin long-term economic growth, 
combat unemployment and regional disparities and promote social cohesion. Europe therefore 
needs  to  address  both  the  quantity  and  quality  of  jobs  and  the  productivity  of  work.  It  also 
needs to consider how to tackle the question of economic migration. 

As  part  of  the  mid-term  review  of  the  Lisbon  strategy,  the  Commission  has  proposed  a 
revamped  cycle  comprising  new  guidelines  and  linking  up  with  the  rationalisation  of 
economic  policy  coordination  cycles  at  European  level.  The  four  priorities  proposed  by  the 
Kok Task Force on employment in 2003 (report "Jobs, jobs, jobs") will be at the heart of this 
cycle, in order to: 

•  increase the adaptability of workers and enterprises; 

•  attract more people to enter and remain in the labour market; 

•  invest more, and more effectively, in human capital; 

•  ensure genuine implementation of reforms through better governance. 

In order to improve the governance of the EES, in 2006 the Commission plans to put forward 
a  measure  to  sensitise  the  ESF  players.  In  2006/2007,  it  will  launch  a  communication 
campaign among parliaments and players concerned, at all levels. 

Against a background of increasing economic integration and intensified global competition, 
the  EU  must  be  capable  of  anticipating,  triggering  and  managing  economic  change  more 
effectively.  Economic  change  is  accelerating;  restructuring,  offshoring,  outsourcing,  even 
deindustrialisation, are gaining in importance. 

Experience shows us that an active approach is both necessary and possible. That is why the 
Commission will develop a strategy around four themes: 

•  greater  interplay  between  European  policies  designed  to  encourage  and  accompany 
restructuring.  The  Commission  plans  to  set  up  a  high-level  forum  of  all  players  and 
stakeholders in order to move in this direction; 

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•  greater  involvement  of  the  social  partners,  especially  through  the  second  phase  of 
consultation of the social partners on the issue of restructuring and on the revision of the 
Directive on European Works Councils (94/45/EC); 

•  greater synergy between policies and their financial levers, especially the ESF; 

•  a stronger link between the EES and the development of the legal frameworks and social 
partners' agreements; this will make it possible to enhance the adaptability of labour and to 
support policies for lifelong training and modernisation of the organisation of work. 

A new dynamic for industrial relations 

An evolving legal framework 

Key role of the social dialogue 

Promotion of corporate social responsibility 

In  a  dynamic  economy,  new  forms  of  work  emerge,  for  example  economically  dependent 
work and fixed-term work.  

In the light of economic integration, the European level will provide considerable added value 
in relation to what is already being done at national level. 

Accordingly, the Commission intends to adopt a Green Paper on the development of labour 
law.  In  this  Green  Paper,  the  Commission  will  analyse  current  trends  in  new  work  patterns 
and  the  role  of  labour  law  in  tackling  these  developments,  by  providing  a  more  secure 
environment encouraging  efficient transitions on the labour market. The discussion that this 
document will produce could lead to proposals for a whole range of measures to modernise 
and simplify the current rules. 

In 2005 the Commission will propose an initiative concerning the protection of the personal 
data of workers. In the context of better regulation, as outlined in the Lisbon mid-term review, 
the  Commission  will  propose  the  updating  of  Directives  2001/23/EC  (transfers  of 
undertakings)  and  98/59/EC  (collective  redundancies),  and  the  consolidation  of  the  various 
provisions on worker information and consultation. 

As regards health and safety at work, the Commission will put forward a new strategy for the 
period  2007-2012.  Prevention  pays  off:  less  work-related  accidents  and  diseases  push  up 
productivity,  contain  costs,  strengthen  quality  in  work  and  hence  valorise  Europe's  human 
capital. The new strategy should focus on new and emerging risks and safeguarding minimum 
levels  of  protection  in  workplace  situations  and  to  workers  not  adequately  covered.  The 
evaluation  of  the  current  programme  should  help  to  define  these  new  situations.  Specific 
attention should also be given to the quality of prevention services, health and safety training, 
as well as other tools to ensure a better application of health and safety standards. Since the 
quality  of  implementation  is  of  vital  importance,  the  Commission  will  pursue  its  efforts  to 
monitor  the  transposition  and  implementation  of  legislation.  Moreover,  in  order  to  ensure 
effective  implementation,  all  the  players  concerned  must  have  the  capacity  to  take  on  their 
responsibilities. The ESF will play a key role in strengthening the capacity of administrations 
and social partners. 

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The  Commission  will  continue  to  encourage  the  social  partners  to  contribute  fully  to  the 
Lisbon mid-term review including by the conclusion of agreements, at all levels. 

While  respecting  the  autonomy  of  the  social  partners,  the  Commission  will  continue  to 
promote  the  European  social  dialogue  at  cross-industry  and  sectoral  levels,  especially  by 
strengthening its logistic and technical support and by conducting consultations on the basis 
of Article 138 of the EC Treaty. 

The  Commission  will  continue  to  promote  corporate  social  responsibility.  In  order  to 
contribute  to  the  effectiveness  and  credibility  of  these  practices,  the  Commission,  in 
cooperation  with  the  Member  States  and  the  parties  involved,  will  put  forward  initiatives 
designed  to  further  enhance  the  development  and  transparency  of  corporate  social 
responsibility. 

Towards a European labour market 

An optional European framework for transnational collective bargaining 

2006, European Year of workers' mobility  

If  a  genuine  European  labour  market  is  to  be  created  and  is  to  function  effectively,  it  is 
necessary both  to remove the remaining direct and indirect barriers and  to  draw  up policies 
that  create  the  conditions  for  the  players  concerned  to  derive  maximum  benefit  from  the 
European area. As stated in the Lisbon mid term review, the Commission will make proposals 
to  remove  obstacles  to  labour  mobility,  notably  those  arising  from  occupational  pension 
schemes. 

In  the  EU,  there  is  still  considerable  potential  for  facilitating  improvements  in  quality  and 
productivity through more intensive cooperation between economic players. 

Providing  an  optional  framework  for  transnational  collective  bargaining  at  either  enterprise 
level or sectoral level could support companies and sectors to handle challenges dealing with 
issues such as work organisation, employment, working conditions, training. It will give the 
social partners a basis for increasing their capacity to act at transnational level. It will provide 
an  innovative  tool  to  adapt  to  changing  circumstances,  and  provide  cost-effective 
transnational  responses.  Such  an  approach  is  firmly  anchored  in  the  partnership  for  change 
priority advocated by the Lisbon strategy. 

The Commission plans to adopt a proposal designed to make it possible for the social partners 
to formalise the nature and results of transnational collective bargaining. The existence of this 
resource is essential but its use will remain optional and will depend entirely on the will of the 
social partners. 

Moreover, freedom of movement for persons is one of the basic freedoms and is a necessary 
tool  for  economic  adjustment.  Strengthening  the  network  of  European  employment  services 
could facilitate this mobility. However, various specific questions arise: the transitional period 
(with  regard  to  workers  from  the  new  Member  States)  and  the  strengthening  and 
simplification of the provisions for the coordination of social security schemes. 

The  Commission  will  set  up  in  2005  a  high-level  group  with  representatives  from  all  the 
Member  States  in  order  to  assess  the  impact  of  enlargement  on  mobility  and  the  way  the 

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transitional  periods  that  were  approved  for  the  most  recent  enlargement  are  working.  This 
should provide an input into the report the Commission will prepare for the Council in early 
2006, in order to inform the decisions to be taken on the transitional periods.  

The Commission will also conduct studies aiming at the permanent monitoring of migratory 
movements following enlargement and in view of future enlargements.  

Finally, the work of modernising and adapting the existing Community rules will be pursued 
through  the  amendment  of  the  Regulations  on  the  coordination  of  social  security  schemes 
(Regulations (EEC) No1408/71, (EC) No 883/2004 and (EEC) No 574/72). 

2.2. 

A more cohesive society: equal opportunities for all 

Modernising social protection: a key component of the Lisbon mid term review 

Initiating the Open Method of Coordination (OMC) for health and long-term care 

All  the  Member  States  have  embarked  on  long-term  reforms  of  their  systems  of  social 
protection. The OMC provides common objectives but leaves it up to each Member State to 
choose  the  ways  and  means  of  achieving  them.  The  ESF  contributes  on  the  ground  to  the 
implementation of inclusion policies.  

This  method,  which  was  initially  applied  to  combating  exclusion  and  poverty  (from  2000 
onwards)  and  then  to  pensions  (from  2002  onwards),  has  been  broadly  validated  by  the 
various  partners:  national  governments,  social  partners,  civil  society,  local  and  regional 
players.  They  also  called  for  the  initiation  of  a  process  of  OMC  from  2006  for  the  areas  of 
health and long-term care which will be important for structuring the reforms around the three 
common themes of universal accessibility, quality and financial sustainability. The quality of 
implementation  should  be  further  improved  in  order  to  make  these  national  reforms  more 
effective. The Commission will propose that the way the OMC is implemented be rationalised 
and simplified. This rationalisation will involve the establishment of a single list of objectives 
common to all three strands – inclusion, pensions, health – including cross-cutting objectives 
such as equal opportunities and access to the labour market. 

Combating poverty and promoting social inclusion 

A Community initiative on minimum income schemes and the integration of people excluded 
from the labour market 

2010, European Year of combating exclusion and poverty 

At  the  start  of  the  decade,  the  number  of  citizens  of  the  enlarged  EU  who  were  at  risk  of 
poverty and persistent poverty was very high: 15% and 9% respectively. Deprivation of real 
chances prevents people from full participation in society. Moreover, transmission of poverty 
over generations confines to permanent exclusion those more vulnerable. This is socially and 
economically not sustainable and shows that the challenges are still considerable even though 
global  strategies  have  been  introduced  everywhere  and  take  account  of  the  many  facets  of 
poverty.  

Under  the  new  Agenda,  the  Commission  will  act  on  the  debate  on  the  national  minimum 
income  schemes  that  it  committed  itself  to  launching  in  the  previous  Social  Agenda. 

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Encouraged  by  the  OMC,  the  Member  States  have  already  sought  to  make  their  national 
minimum  income  schemes  more  effective.  However,  many  people  are  still  in  considerable 
difficulties  and  are  obtaining  neither  employment  nor  the  national  minimum  income 
protection. 

From 2005, the Commission will begin consultations on the reasons why the existing schemes 
are  not  effective  enough.  These  consultations  will  focus  on  the  social  partners,  which  are 
directly involved in implementing inclusion measures via the labour market which could pave 
the way for concrete measures to provide better opportunities. The Commission will also put 
forward the idea of a European Year of combating poverty and social exclusion in 2010. This 
year should measure the progress made during the decade in order to underline the particular 
vulnerability of the most fragile population groups. 

Promoting diversity and non-discrimination 

A strategic approach to combating discrimination (2005)  

2007, European year of equal opportunities 

A new phase in promoting equality between men and women: a European gender institute 

The  EU  has  been  a  driving  force  in  implementing  the  principle  of  equal  treatment.  It  has 
shown the way in the area of equality between men and women and contributed to progress 
on the ground in the Member States. The combating of discrimination is based on a hard core 
of rights and gives priority to synergy between all European instruments. 

Following  the  2004  Green  Paper  entitled  “Equality  and  Non-Discrimination  in  an  Enlarged 
European  Union”,  for  which  more  than  1  500  contributions  were  received,  the  Commission 
will  put  forward  a  Communication  in  2005  setting  out  its  planned  policy  approach  and 
defining  the  policy  framework  for  new  measures,  including  the  feasibility  and  relevance  of 
any  initiatives  to  supplement  the  EU’s  existing  legal  framework.  The  Communication  will 
also address the question of minorities, especially Roma. 

The  Commission  plans  to  organise  a  European  year  on  equal  opportunities  in  2007,  which 
will stress the importance of this topic, highlight the results achieved and, finally, show the 
advantages of diversity for the economy and society of Europe. 

The EU has a long standing tradition of determined action in the area of gender equality. In 
spite of progress made, significant problems remain in areas such as gender pay gap, women's 
access to and participation in the labour market, training, career advancement, reconciliation 
of  family  and  working  life  or  participation  in  decision  making.  As  the  current  framework 
strategy  2000-2005  comes  to  an  end,  the  Commission  will  draw  up  a  communication  on 
future  policy  developments  proposing  action  in  order  to  tackle  these  weaknesses.  The 
Commission will also submit its annual report to the spring summit.  

The June 2004 European Council called for the establishment of a European Gender Institute. 
The  Commission  will  shortly  bring  forward  a  proposal  on  this  issue.  This  would  provide  a 
clearing-house  for  information  and  exchanges  of  good  practices.  It  would  also  assist  the 
Commission  and  the  Member  States  in  implementing  the  Community  objectives  for 
promoting  equality  between  men  and  women  and  ensuring  that  they  are  incorporated  into 
Community policies.  

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Finally,  in  the  area  of  equal  opportunities  for  people  with  disabilities,  the  Commission  will 
put  forward  new  editions  of  its  Action  Plan  and,  every  two  years,  on  the  European  Day  of 
Disabled People, will publish a report on the situation of people with disabilities. 

Social services of general interest 

Moving  towards  a  clarification  of  the  role  and  characteristics  of  social  services  of  general 
interest 

As  the  Commission  announced  in  its  2004  White  Paper  on  services  of  general  interest,  in 
2005  it  will  put  forward  a  communication  in  order  to  clarify  the  framework  within  which 
social  services  of  general  interest  operate  and  can  be  modernised.  This  communication  will 
draw  up  a  list  of  the  Community  policies  that  relate  to  the  provision  of  social  services  of 
general interest. It will also describe how these services are organised and how they operate, 
in  order  to  contribute  to  their  modernisation  and  quality,  having  regard  to  the  various  areas 
covered. 

As far as State aids are concerned, in 2005 the Commission will also adopt a decision based 
on Article 86(3) of the Treaty and a Community framework on the arrangements for financing 
services  of  general  economic  interest  (SGEI).  These  texts  will  define  the  conditions  under 
which  State  aids  granted  to  SGEI  are  compatible  with  Community  rules.  In  the  light  of  the 
consultations  currently  underway  on  this  issue,  the  Commission  intends  also  to  grant  an 
exemption  from  notification  of  public  service  compensations  of  a  limited  amount.  Special 
conditions  could  also  apply  to  hospitals  and  social  housing  associations.  In  practice,  most 
social services that constitute SGEI should benefit from this Decision. 

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