Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions - 2nd Implementation Report for the Community Lisbon Programme 2008 – 2010
Date: 2009-12-09
Institutions: European Commission
Subjects: EU action, EU programme, action programme, climate change, development policy, energy policy, foreign policy, innovation, knowledge economy, labour market, project management, small and medium-sized enterprises

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EUROPEAN COMMISSION 

Brussels, 15.12.2009 
COM(2009) 678 final 

COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN 
PARLIAMENT, THE COUNCIL, THE EUROPEAN ECONOMIC AND SOCIAL 
COMMITTEE AND THE COMMITTEE OF THE REGIONS 

2nd Implementation Report for the Community Lisbon Programme 2008 – 2010 

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COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN 
PARLIAMENT, THE COUNCIL, THE EUROPEAN ECONOMIC AND SOCIAL 
COMMITTEE AND THE COMMITTEE OF THE REGIONS 

2nd Implementation Report for the Community Lisbon Programme 2008 – 2010 

1. 

INTRODUCTION 

As part of the renewed Lisbon Partnership for Growth and Jobs, the Commission adopted in 
December 2007 a Proposal for a Community Lisbon Programme 2008-2010, setting out ten 
key  objectives  and  corresponding  policy  actions  for  Community-level  actions  for  the  next 
three  years.  In  March  2008,  the  European  Council  invited  the  European  Commission,  the 
European  Parliament  and  the  Council  to  take  forward  work  on  the  10  Community  Lisbon 
Programme (CLP) objectives within their spheres of competence and asked the Commission 
to  report  annually  on  progress  made.  In  the  first  CLP  implementation  report  in  December 
2008, the Commission assessed the progress towards the CLP objectives in its first year and 
concluded that substantial progress has been achieved in a number of important areas1. This 
report was subsequently reviewed by the Council2.  

This Second Implementation Report assesses the implementation of the CLP up to November 
2009.  Overall,  further  substantial  progress  has  been  made  and  a  number  of  key  milestones 
have already been achieved as outlined in section 2. This Report also identifies issues that still 
need to be addressed with highest priority. (For details see Annex 1) 

Furthermore,  in  the  context  of  the  crisis  response,  the  European  Economic  Recovery  Plan 
(EERP) agreed in 2008 contains decisive Community measures which were covered under the 
policy  priorities  of  the  CLP,  but  not  spelled  out  in  detail,  notably  in  the  area  of  financial 
supervision. The subsequent measures taken are therefore included in Annex 2 to this report. 

2. 

PROGRESS ON THE 10 KEY OBJECTIVES OF THE CLP 2008-2010 

2.1. 

Investing in people and modernising labour markets  

Objective  1:  The  Commission  will  propose  a  renewed  Social  Agenda  by  mid-2008, 
particularly  covering  education,  migration,  and  demographic  evolutions,  and  will  help 
to  address  the  skills  gap  by  improving  the  monitoring  and  forecasting  of  future  skills 
requirements.  

Through  modernising  labour  markets  and  social  protection  systems,  the  renewed  Social 
Agenda  adopted  in  July  2008  and  subsequently  endorsed  by  the  Council  and  European 
Parliament  will  help  people  seize  the  opportunities  created  by  international  competition, 
technological  advances,  the  shift  to  a  knowledge-based  low  carbon  economy  and  changing 
population patterns, while protecting the most vulnerable in society. This has been supported, 

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COM(2008) 881, 16.12.2008. 
Key Issues Paper, 13.3.2009, 6784/0/09 REV2. 

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in particular, through the adoption of a new "Strategic framework for European cooperation in 
education and training" by the Council3 and through specific measures to promote quality of 
and  mobility  in  vocational  education  and  training.  With  the  “New  skills  for  new  jobs” 
initiative  launched  in  December  2008,  the  Community  has  stepped  up  its  efforts  to  assess 
emerging skills needs, to promote dialogue between all actors involved, to improve EU-wide 
job search services in close cooperation with Public Employment Services and to promote the 
development of skills, including language skills. The foresight exercise on future sectoral skill 
needs has resulted in studies that identify emerging competences and future skills needs for 18 
sectors  including  textiles,  electronics,  financial  services  and  within  the  areas  of  the 
environment  and energy.  However, significant regulatory  barriers still exist to the single 
labour market and need to be addressed such as the insufficient transparency and recognition 
of  qualifications.  The  implementation  the  European  Qualifications  Framework  (EQF)  is 
making significant progress. The issue of the portability of pensions and social benefits is still 
not solved. Removing these obstacles can complement Member State efforts to facilitate the 
better use of skills and eliminate skill mismatches.  

On  3  June  2009  the  Commission  adopted  a  Communication  "A  shared  Commitment  for 
Employment" aiming to strengthen cooperation between the Union and its Member States and 
focusing  on  concrete  actions  in  support  of  key  three  priorities:  maintaining  employment, 
creating  jobs  and  promoting  mobility;  upgrading  social  skills  and  matching  labour  market 
needs; increasing access to employment. 

Upon  the  proposal  of  the  Commission  simplified  criteria  for  European  Social  Fund  (ESF) 
support have been agreed including frontload payments in 2009 so that Member States have 
earlier access to up to € 1.8 bn in order to: rapidl y reinforce activation schemes, refocus their 
programmes to concentrate support on the most vulnerable, and improve the monitoring and 
matching  of  skills.  Following  a  Commission  proposal,  the  rules  of  the  European 
Globalisation Adjustment Fund have also been revised in 2009 so that it can intervene more 
rapidly  in  key  sectors,  either  to  co-finance  training  and  job  placements  for  those  who  are 
made redundant or to keep in the labour market skilled workers who will be needed once the 
economy starts to recover.  

Objective 2: The Commission will make proposals for a common policy on immigration 
in 2008. 

The  EU  has  taken  the  first  steps  towards  a  common  policy  on  immigration  that  better 
responds  to  the  needs  of  the  EU  labour  market.  Following  the  2008  Communication  on  a 
Common Labour Market4, the major achievement has been the adoption by the Council on 25 
May  2009  of  the  Blue  Card  scheme  to  attract  highly  skilled  workers5.  Member  States  will 
transpose the Blue Card Directive by 19 June 2011.  

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OJ C 119, 28.5.2009, p. 2. 
“A  Common  Immigration  Policy  for  Europe:  Principles,  Actions  and  Tools”  -  COM(2008)  359, 
17.6.2008. 
Directive 2009/50/EC. 

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2.2. 

Unlocking business potential, especially of SMEs 

Objective  3:  The  Community  will  adopt  a  Small  Business  Act  to  unlock  the  growth 
potential of SMEs throughout their life-cycle.  

The Commission adopted the “Small Business Act” (SBA) in June 2008, putting forward an 
ambitious policy framework to support SME throughout their life-cycle at all levels across the 
EU.  The  European  Council,  the  European  Parliament  and  the  Committee  of  Regions  have 
since fully endorsed this initiative. In the light of the economic crisis a strong focus has been 
put  on  the  rapid  implementation  of  urgent  actions  identified  by  the  Member  States  and  the 
Commission: improving  access  to  finance, establishing a regulatory environment supportive 
of SMEs needs,  and enhancing market access inside and outside the EU. In  this regard,  the 
Commission has introduced a General block exemption making it easier for Member States to 
support SMEs without prior notification to the Commission. In addition, to promote access to 
finance, the European Investment Bank has increased its investment envelope for SME loans 
to  € 30bn  over  2008-2011  and  is  frontloading  the  implementation  to  ensure  that  new  loans 
and loan guarantees for SMEs become available throughout the Community. Lending in 2008 
has been € 8.1 billion and in 2009 it is likely to exceed € 10 billion.  

As a part of the SBA, the Commission put forward important legal proposals: a proposal to 
amend  the  Directive  on  Late  Payments;  the  European  Private  Company  Statute;  and  a 
Directive on VAT Invoicing to increase the use of electronic invoicing and reduce burdens on 
business.  These  proposals  are  still  pending  in  the  Council  and  the  European  Parliament. 
Another important element of SBA implementation, the Directive on Reduced VAT Rates has 
entered  into  force  in  June  2009.  It  is  now  up  to  the  Member  States  to  exploit  the  new 
flexibilities to promote job creation in labour-intensive services 

The  Commission  has  also  proposed  to  exempt  micro-enterprises  from  the  requirements  of 
the  Accounting  Directives  with  a  savings  potential  for  each  micro  entity  amounting  to  as 
much  as  €1,200  per  year  on  average.  Furtherm ore  the  Commission  has  revised  its  impact 
assessment guidelines to systematically apply an SME test from January 2009. Member States 
have also started to implement such tests.  

Objective 4: The Community will move towards the target to reduce EU administrative 
burdens by 25 % by 2012 and implement an ambitious simplification programme. 

The  Commission  has  delivered  on  its  ambitious  Action  Programme  for  Reducing 
Administrative Burdens in the EU by 25% by 2012 as endorsed by the European Council in 
March 20076.. Reduction measures already adopted by the  legislator are expected to lead to 
reduced  costs  of  €7.6  billion.  Measures  pendi ng  adoption  by  the  Council  and  Parliament 
could  add  €30.7  billion  to  that   amount.  All  in  all,  the  administrative  burdens  reduction 
proposed or currently under preparation by the Commission could exceed the initial target and 
reach 33% of the total of €123.8 billion estimated burdens of EU origin. The timely adoption 
by  the  Council  and  European  Parliament  of  these  measures  is  essential,  particularly  the 
proposals on VAT invoicing and the exemption of micro-entities from accounting obligations. 
The  work  on  Community  level  supports  and  complements  comparable  efforts  by  Member 

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“Action  Programme  for  Reducing  Administrative  Burdens  in  the  EU:  Sectoral  Reduction  Plans  and 
2009 Actions” - COM(2009) 544, 22.10.2009. 

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States  to  reduce  administrative  burdens.  By  November  2009,  all  Member  States  had  set 
ambitious national reduction targets.  

In the Simplification programme to update and simplify existing Community legislation, the 
Commission  has  adopted  147  proposals  since  October  2005.  Of  these,  28  are  still  pending 
before  the  legislature.  Through  codifying  and  simplifying  legislation,  some  1 600  acts 
representing  around  14%  of  the  acquis  have  already  been  proposed  by  the  Commission  for 
removal from the EU statute book. In parallel a screening of all existing legislation has been 
carried out, allowing the identification of more than 80 simplification initiatives that could be 
carried out in the next legislative period.  

The timely adoption of pending proposals to reduce administrative burden, including Fast 
Track actions and the simplification proposals by the European Parliament and the Council 
remains a priority to ensure that European citizens and businesses benefit from a less costly 
and more effective regulatory environment. 

Objective 5: The Community will strengthen the single market, increase competition in 
services, take further steps to integrate the financial services market, and will strengthen 
existing  supervisory  arrangements  and  enhance  EU  cross-border  financial  crisis 
management.  

The Goods Package adopted in 2008 marked a further breakthrough in the completion of the 
single  market  for  goods,  with  new  rules  both  for  the  harmonised  and  the  non  harmonised 
goods. It provided measures for harmonised product safety standards and new rules on market 
surveillance, whilst strengthening CE marking requirements. The effective implementation of 
the Goods Package will encourage the production and trade of goods, making it easier for all 
companies,  notably  SMEs,  to  sell  their  goods  across  the  EU  and  improves  consumer 
protection.  

The  efficient  functioning  of  a  single  market  for  services  remains  crucial  for  stimulating 
competition and increasing the quality of provision of services and the choice for consumers. 
The comprehensive and timely implementation of the Services directive by Member States 
by  the  end  2009  deadline  will  be  an  important  contribution  to  that.  It  will  facilitate  the 
provision  of  services  cross-borders  and  establishment  of  service  providers.  As  identified  in 
the  Single  Market  Review  Single  Market  policy,  including  consumer  policy  needs  to  be 
strengthened  and  competition  policy  needs  to  be  enforced,  particularly  in  a  number  of  key 
network  industries  and  services.  In  June  2009,  the  Commission  adopted  a  recommendation 
endorsed by the Council that puts forward a set of practical measures aimed at improving the 
functioning of the single market and at encouraging Member States to take a more pro-active 
role in partnership with the Commission so that all citizens and business can make full use of 
it.  

The Commission has completed work on the market monitoring of the food supply chain and 
will continue to analyse other sectors including retail and electrical goods markets to identify 
possible market malfunctioning and to ensure  coordinated and appropriate policy responses. 
In  this  context,  market  monitoring  has  proven  a  highly  useful  and  promising  tool  for 
evidence–based policy making. As part of Single Market Review, the 2nd Consumer Markets 
Scoreboard  was  published.  It  screened  more  than  20  goods  and  services  sectors  including 
food,  clothing,  footwear,  financial  services,  energy  and  telecom  and  revealed  the  fact  that 
services  are  causing  consumers  more  problems  than  traditional  goods  markets.  Regular 

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consumer price monitoring will be initiated starting with food and will be extended to cover 
other  sectors.  In  July  2009,  the  Commission  adopted  the  Final  Report  on  its  competition 
inquiry  into  the  pharmaceutical  sector.  It  proposed  ways  to  further  improve  patients'  rapid 
access  to  safe,  innovative  and  affordable  medicines.  Work  will  continue  to  ensure  timely 
standardisation  and  interoperability  efforts,  especially  for  ICT  goods  and  services.  Progress 
has also been achieved in the completion of the internal market in the transport sector with the 
adoption in October 2009 of the Road Transport package and of a revised framework of the 
Single European Sky. 

The  CLP  2008-2010  had  rightly  put  the  emphasis  on  the  need  to  strengthen  financial 
supervision  "to  reflect  increased  turmoil  in  financial  markets  and  rising  instability"7.  In 
response  to  the  financial  and  economic  crisis  and  based  on  the  de  Larosière  report,  the 
Commission  adopted  in  September  2009  a  comprehensive  package  of  legislative  measures 
aimed  at  reforming  the  EU  financial  supervision  system.  The  legislation  will  address  the 
weaknesses of the financial system by creating a new European Systemic Risk Board (ESRB) 
to detect risks to the financial system as a whole and given the essential task of issuing early 
risk  warnings  that  should  be  rapidly  acted  upon.  It  also  proposes  a  European  System  of 
Financial  Supervisors  (ESFS)  composed  of  national  supervisors  together  with  three  new 
European Supervisory Authorities for the banking, securities and insurance and occupational 
pensions  sectors.  The  European  Council  and  the  European  Parliament  previously  adopted 
other key measures to strengthen the EU legislative framework including amendments to the 
Capital  Requirements  Directives  and  the  Deposit  Guarantee  Schemes  Directive,  changes  to 
the accounting rules (IAS Regulation) and a regulation on Credit Rating Agencies. In April 
2009  the  Institutions  agreed  on  the  Solvency  II  Framework  directive  that  will  update  and 
modernise  the  European  insurance  regulatory  framework  in  order  to  introduce  a  more 
harmonised  risk  based  supervisory  regime.  The  proposal  for  modification  of  the  Capital 
Requirements Directive also suggested strengthening rules on bank capital. In October 2009, 
the  Commission  adopted  a  consultative  Communication  on  an  EU  framework  for  crisis 
management in the banking sector, as an essential first step in preparing the ground for what 
will be an important new policy area. The Community continues to collaborate internationally 
by  actively  taking  part  in  the  G20  and  other  international  fora  in  order  to  improve  global 
financial supervision and crisis management. 

The  Commission  has  put  forward  a  number  of  other  proposals  aimed  at  delivering 
responsible and reliable financial markets for the future. In April 2009, the Commission 
adopted  two  recommendations  on  remuneration,  one  on  remuneration  of  directors  of  listed 
companies  and  one  on  remuneration  policies  in  the  financial  services  sector.  Further,  a 
proposal  for  modification  of  the  Capital  Requirements  Directive  was  made  in  July.  The 
Commission  services  are  working  on  a  report  on  Corporate  Governance  in  financial 
institutions  expected  to  be  completed  in  early  2010.  In  October  2009,  the  Commission 
adopted a Communication for ensuring efficient, safe and sound derivatives markets, reduce 
counterparty and operational risk in trading and enhance market integrity and oversight and 
aims  to  come  forward  with  legislative  proposals  in  2010.  In  April  2009,  the  Commission 
proposed  a  harmonised  regulatory  and  supervisory  framework  for  the  managers  of  hedge 
funds, private equity and other alternative investment funds that is currently being negotiated 
by legislators.  

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“Proposals for A Community Lisbon Programme” - COM(2007) 804, 11.12.2007. 

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Following  the  set  up  of  the  successful  Single  Euro  Payments  Area  (SEPA)  credit  transfer 
scheme in 2008, from 2 November 2009, European banks will progressively offer customers 
the possibility to make for the first time regular payments using the new SEPA Direct Debit 
Scheme. Although direct debits are widely used in many euro area countries, at present, there 
is no pan-European scheme in place for making these payments possible across borders. The 
SEPA direct debit can also be used for existing national direct debits. The Commission will 
pursue  further  clarifications  on  competition  issues  in  order  to  achieve  a  competitive  SEPA 
payment services, to the benefit of consumers and companies.  

The  single  framework  for  wholesale  and  investment  markets  still  needs  completion  and 
implementation  on  priority  basis.  The  Commission  will  follow  up  the  sector  inquiries  into 
retail  banking  and  business  insurance.  In  April  2009,  the  Commission  adopted  a 
Communication  announcing  legislative  measures  to  deliver  a  horizontal  and  consistent 
regulatory approach to the protection of investors in packaged retail investment products.  

2.3. 

Investing in knowledge and innovation 

Objective  6:  The  Community  will  make  the  "fifth  freedom",  the  free  movement  of 
knowledge, a reality and create a genuine, European Research Area. 

In order to make the "fifth freedom" a reality and create an open and competitive European 
Research  Area  (ERA),  in  2008  the  Council  launched  the  Ljubljana  Process8
  for  enhanced 
ERA  governance  and  agreed  upon  a  long-term  ERA  vision.  The  developing  partnership 
between  Member  States  and  the  Commission  through  the  Ljubljana  Process  has  begun  to 
shape  the  future  policy  agenda,  including  ensuring  the  implementation  of  the  five  ERA 
initiatives  launched  by  the  Commission  in  2008.  Practical  arrangements  for  these  ERA 
initiatives  have  been  agreed  and  put  in  place  in  the  course  of  2009,  allowing  their 
implementation to be taken forward.  

Progress  with  the  ERA  initiative  on  Joint  Programming  in  Research  will  facilitate  the 
increased  pooling  of  research  resources  with  and  between  Member  States  on  a  variable 
geometry  basis.  This  will  be  further  fostered  by  a  legal  framework  for  the  creation  and 
operation  of  research  infrastructures  of  European  interest9.  Knowledge  flows,  research 
efficiency and the attractiveness of Europe as a research location will be enhanced through the 
implementation  of 
the  Commission 
the  European  Researchers'  Partnership,  via 
Recommendation  on  Intellectual  Property  Management  in  knowledge  transfer  activities10 
and  through  additional  actions  which  complement  Member  State  efforts  to  strengthen  and 
reform the higher education sector, facilitate networking, and enhance co-operation between 
universities,  research  organisations  and  business.  Through  the  development  of  a  European 
Strategy for International Science and Technology Cooperation, ERA will become more 
open  to  the  world,  develop  a  more  cohesive  and  coherent  approach  to  global  scientific 
challenges  and  increase  the  international  leverage  of  the  EU  and  Member  States  with  key 
third partner countries and in the global economy.  

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Council Conclusions May 2008 (9076/08). 
Council  Regulation  (EC)  No  723/2009  on  the  Community  legal  framework  for  a  European  Research 
Infrastructure Consortium (ERIC). 
Commission  recommendation:  on  the  management  of  intellectual  property  in  knowledge  transfer 
activities and Code of Practice for universities and other public research organisations – C(2008) 1329. 

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The  European  Institute  of  Innovation  and  Technology,  which  will  be  decisive  for  the 
promotion of open innovation and knowledge sharing between public research organisations 
and  industry,  should  announce  the  first  selected  Knowledge  and  Innovation  Communities 
(KICs) by mid-December 2009. The KICs with an estimated budget of €50-100 million per 
year  over  7  to15  years  will  address  key  societal  challenges  and  experiment  new  models  of 
governance and financing.  

Cross-thematic  co-ordinated  and  joint  calls  were  published  in  July  2009  to  set  up  the  three 
Public-Private Partnerships to develop technologies for the manufacturing, automotive and 
construction  sectors,  resulting  from  the  European  Economic  Recovery  Plan  agreed  by  the 
European  Council  in  December  2008.  The  first  research  projects  under  'Factories  of  the 
Future',  'Energy  Efficient  Buildings'  and  'Green  Cars'  will  start  in  2010  with  half  of  their 
funding from FP7 and half from industry (€  3.2bn having been allocated in total). 

Objective 7: The Community will improve the framework conditions for innovation, in 
particular for venture capital and intellectual property rights.  

The  Commission  tabled  a  midterm  review  on  innovation11  presenting  progress  to  date  and 
outlining the major challenges ahead. The financing of innovation is still an issue of concern 
that  has  been  further  aggravated  by  the  crisis.  Efforts  to  improve  investment  readiness  and 
access to finance for SMEs must thus be stepped up in order to facilitate rapid recovery. The 
Competitiveness and Innovation Framework Programme 2007-2013 contributes to bridge the 
equity  gap  in  early  and  expansion  stage  equity  financing.  In  addition,  the  European 
Investment Bank has mandated the European Investment Fund to develop a new mezzanine 
instrument.  A  new  risk  sharing  finance  facility  (RSFF)  has  been  set  up  together  with  the 
European Investment Bank to provide loans to private and public entities for high risk R&D 
projects. Cohesion Policy also offers instruments to facilitate business start-ups and access to 
finance  for  SMEs,  in  particular  the  JEREMIE  and  JASMINE  initiatives.  Following  the 
Communication  on  cross-border  investments by  venture  capital  funds12,  an  expert  group 
report has analysed cross-border obstacles in the direct taxation field and double taxation of 
venture  capital  funds  and  investors  and  will  publish  its  report  in  the  near  future.  The 
Commission has also been assisting the Member States in the process of mutual recognition 
of venture capital funds.  

Another  obstacle  to  innovation  in  EU  is  the  fragmented  and  burdensome  patenting  system. 
The  creation  of  the  EU  Patent  and  European  and  EU  Patents  Court  would  reduce 
patenting  costs,  provide  more  legal  certainty,  and  make  patents  more  accessible  for  SMEs. 
The  Council  achieved  a  political  breakthrough  in  December  2009  with  the  adoption  of 
Council conclusions on an enhanced patent system in Europe and a general approach on the 
EU Patent. The conclusions cover the main features of the court, along with principles on the 
EU patent for setting renewal fees and their distribution and enhanced partnerships between 
patent offices.  

In addition, a wide range of IPR support measures are offered by Member States and by the 
EU to improve IPR awareness, use, and access (helpdesks projects mobilising national patent 
offices, etc.). In line with the SBA, the cost for the registration of European trademarks has 
been lowered by 40 % over the past two years and the average time needed to complete the 

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“Reviewing Community innovation policy in a changing world” - COM(2009) 442, 2.9.2009. 
“Removing obstacles to cross-border investments by venture capital funds”, December 2007. 

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registration process has been cut by 50%. The enforcement of intellectual property rights has 
also been enhanced by the establishment of an EU Counterfeiting and Piracy Observatory and 
new non-legislative initiatives outlined in a Communication from September 200913. 

2.4. 

Energy and climate change 

Objective 8: The Community will complete the internal market for energy and adopt the 
climate change package in order to put in place the framework to achieve at least a 20% 
reduction  in  greenhouse  gas  emissions  and  reach  a  20%  renewables  energy  share  by 
2020. 

Very substantial progress was made this year with the formal adoption in April 2009 of the 
Climate  and  Energy  package  and  in  June  2009  of  the  third  package  on  the  internal  energy 
market.  

The Climate and Energy package empowers the EU to pursue an ambitious policy to fight 
climate  change  without  undermining  the  competitiveness  and  hence  the  factories  and 
workplaces  of  European  industries.  The  Package  will  help  Europe  transform  into  a  low-
carbon  economy  and  increase  energy  security.  It  includes  a  range  of  measures  such  as  a 
revised  EU  ETS  directive  to  ensure  the  cost–effective  achievement  of  targets  for  reducing 
greenhouse gas emissions by 2020 and beyond, a decision setting targets for Member States 
for emissions reductions in sectors outside the EU ETS, and a directive on the promotion of 
renewable  energy  with  a  legally-binding  target  of  20%  of  final  energy  consumption  from 
renewable sources by 2020. The Renewable Energy Directive includes sustainability criteria 
for biofuels and bioliquids and sets a framework for simplifying administrative requirements 
for  the  renewable  energy  sector.  Legislation  to  create  a  framework  for  Carbon  Capture  and 
Storage and to reduce CO2 emissions from new cars was also adopted. The focus in 2009 has 
been on implementation. A list of sectors with risk of carbon leakage has been proposed by 
the  Commission  as  an  implementing  measure  of  the  revised  ETS  directive  and  following 
discussions  in  the  Council  and  the  European  Parliament  is  expected  to  be  adopted  on  23 
December.  Other  important  refinements  of  the  revised  ETS  are  still  ongoing,  e.g.  the 
implementing provisions to develop regulations for auctioning of allowances, as well as the 
definition  of  Community-wide  benchmarks  for  the  allocation  of  free  allowances  to  energy 
intensive industry sectors and subsectors.  

The  package  on  the  internal  on  electricity  and  gas  market  will  ensure  an  effective 
separation  of  production  and  supply  from  the  operation  of  the  transmission  networks  which 
facilitates  fair  and  non-discriminatory  access  to  existing  infrastructure  for  all  operators. 
National  energy  regulators  will  have  more  closely  harmonised  powers  and  greater 
independence.  A  new  agency  will  be  set  up  at  EU  level  to  enhance  cooperation  among 
national regulators. EU Transmission system operators will re-enforce their co-operation and 
security  coordination  on  issues  related  to  network  operation,  cross-border  trade  and  grid 
security. These measures will benefit consumers by offering greater consumer protection and 
attractive energy prices. Progress has also been made on energy security. On energy security, 
a  programme  to  aid  economic  recovery  by  granting  € 4  billion  Community  financing  to 
energy projects was agreed between the institutions in May 2009. The Commission has since 
then been focusing on its implementation. A call for proposals for the entire budget led to 87 

13 

"Enhancing the enforcement of intellectual property rights in the internal market" - COM(2009) 467. 

EN 

9 

   EN 

                                                 
proposals being submitted. First decisions on support are expected to be taken by the end of 
this  year.  Following  the  Second  Strategic  Energy  Review  adopted  by  the  Commission  in 
November  2008  and  its  subsequent  endorsement  by  the  Spring  European  Council  and 
European  Parliament,  the  Commission  has  proposed  two  instruments  to  strengthen  the  EU 
security  of  supply:  a  proposal  for  a  Regulation  on  the  security  of  gas  supply  (repealing 
Directive  2004/67/EC)  and  for  better  monitoring  a  proposal  for  a  Regulation  concerning 
notification of investment projects in energy infrastructure in the EU and repealing Regulation 
(EC)  No  736/96.  A  new  Directive  on  emergency  oil  stocks  replacing  Directive  2006/67/EC 
was adopted by the Council on 14 September 2009.  

Objective  9:  The  Community  will  promote  an  industrial  policy  geared  towards  more 
sustainable  production  and  consumption,  focusing  on  renewable  energies  and  low-
carbon and resource-efficient products, services and technologies.  

In  July  2008,  the  Commission  presented  an  ambitious  package  of  actions  for  sustainable 
consumption, production and industry (SCP/SIP). It aims at improving the environmental 
performance and in particular the energy and resource efficiency of products and stimulating 
their market uptake by means of voluntary and mandatory actions to define and improve the 
environmental  performance  of  products,  better  inform  consumers,  promote  'green'  public 
procurement  and  harmonisation  of 
the  uptake  of 
environmentally  performing  and  energy  efficient  products.  It  furthermore  foresees  action  to 
support  leaner  production,  such  as  an  Environmental  Technology  Verification  Scheme  to 
support  eco-innovation  through  increased  confidence  in  new  technologies  as  well  as 
addressing the international aspects.  

incentives  related 

to  fostering 

Concerning  the  Energy  Efficiency  Package,  an  inter-institutional  agreement  has  been 
reached  between  the  Council  and  the  European  Parliament  on  reinforced  legislation  on  the 
energy performance of buildings and on energy labeling that will have a substantial longer-
term impact on Europe's energy consumption. Formal adoption of both proposals will follow 
once horizontal arrangements regarding the adaptation to the Treaty on the functioning of the 
European  Union  will  be  settled.  A  new  Regulation  on  a  tyre  labelling  scheme  which  is 
scheduled to take effect by November 2012 will contribute to transform the market towards 
more  energy  efficient  tyres  with  lower  rolling  resistance.  A  package  of  9  eco-design 
measures  have  also  been  adopted  and  are  expected  to  save  about  340  TWh  electricity 
annually  by  2020.  Moreover,  an  important  amendment  to  the  European  Regional 
Development  Fund  regulation  which  will  allow 
in  energy  efficiency 
improvements and renewable energies in housing in all Member States was adopted on 6 May 
200914. 

investment 

The Lead market initiative was adopted by the Commission in December 2007 to stimulate 
new  markets  through  the  implementation  of  targeted  strategies  in  areas  such  as  sustainable 
construction, recycling, bio-based products  and  renewable energy.  In 2008, the  Council  and 
European  Parliament  endorsed  the  European  Strategic  Energy  Technology  Plan  (SET-
Plan)  and  an  adoption  of  a  Communication  on  its  financing  in  October  2009  has  followed. 
The SET-Plan will accelerate the development and market take-up of the necessary cutting-
edge  low  carbon  energy  technologies  and  will  boost  the  competitiveness  of  the  EU  energy 
industry. The Communication calls for an increase in investment for the development of low 

14 

ERDF Regulation (EC) No 397/2009 (OJ L 126, 21.5.2009). 

EN 

10 

   EN 

                                                 
carbon technologies, including on wind, solar, bio-energy, carbon capture and storage, nuclear 
fission and the electricity network. 

The Commission adopted a Communication on public procurement for a better environment15 
aimed  at  facilitating  the  use  of  green  public  procurement  to  stimulate  innovation  in 
environmental technologies, products and services: in particular, a preliminary set of common 
Green Public Procurement criteria has been developed for a range of 10 product and service 
groups16.  

2.5. 

The external agenda  

Objective 10: Whilst working to conclude the Doha multilateral trade negotiations, the 
Community  will  negotiate  bilaterally  with  key  trading  partners  to  open  up  new 
opportunities  for  international  trade  and  investment,  improve  market  access  focussing 
on  countries  and  sectors  where  significant  barriers  remain,  and  promote  international 
regulatory cooperation. 

During  the  crisis  the  EU  has  contributed  to  a  largely  successful  G  20  commitment  to  keep 
markets  open  and  prevent  protectionist  measures.  On  several  occasions,  including  the  G20 
Leaders  meeting  in  Pittsburgh  on  24  September  2009,  the  Heads  of  State  and  Government 
have renewed their commitment to successfully conclude the Doha negotiations, which is in 
the  European  interest.  A  successful  completion  of  the  Doha  round  remains  the  best  way  of 
securing a level playing field and opening up new market opportunities and the Community 
remains fully committed to this objective.  

In parallel, the Community continues bilaterally to engage with key trading partners, and to 
further  promote  regional  economic  integration  with  its  neighbouring  regions,  for  example 
through  the  Union  for  the  Mediterranean,  Eastern  partnership  and  the  enlargement  policy. 
Comprehensive Bilateral trade agreements with key trading partners enable the EU to go 
beyond WTO commitments and include ambitious provisions for regulatory and behind-the-
border cooperation. On 15 October 2009, the Commission initialled an ambitious Free Trade 
Agreement (FTA) with Korea which removes virtually all tariffs between two economies, as 
well as many non-tariff barriers and will create new market access in services and investment. 
FTA negotiations with India and Asean countries are progressing, albeit at different paces as 
are  negotiations  with  Ukraine.  Negotiations  for  a  comprehensive  Economic  and  Trade 
Agreement  with  Canada  were  successfully  launched  in  2009.  The  Partnership  and 
Cooperation  Agreement  under  negotiation  with  China  aims  at  improving  market  access  and 
regulatory  cooperation.  Furthermore,  the  on-going  negotiations  for  association  agreements 
with Mercosur, Central America and the Andean Community, the latter two being in its final 
stage, include important parts on trade and other dimensions.  

The renewed Market Access Strategy is now well in place and draws on the pooled expertise 
of the Commission, the Member States and business to deal with barriers to foreign markets. 
The main aim of the market access strategy is to identify key barriers and focus on the main 

15 

16 

Communication  from  the  Commission  to  the  European  Parliament,  the  Council,  the  European 
Economic  and  Social  Committee  and  the  Committee  of  the  Regions  Public  procurement  for  a  better 
environment - COM(2008) 400. 
http://ec.europa.eu/environment/gpp/toolkit_en.htm 

EN 

11 

   EN 

                                                 
difficulties faced by European business in foreign markets. Also by way of contribution to the 
WTO's overall role of monitoring compliance of the G20s standstill commitments with regard 
to  imposition  of  new  trade  restrictive  measures  in  the  context  of  the  global  crisis,  the 
Commission has issued since 2008 five reports of potentially trade restrictive measures, based 
on  the  input  of  the  Market  access  teams  in  the  most  important  markets  for  EU  exporters. 
Where significant market access barriers remain, the use of all available trade policy tools is 
and  will  be  considered,  including  the  Community  Trade  Barriers  Regulation  and/or  WTO 
action as appropriate. 

Furthermore work is well underway to enhance international regulatory cooperation. The 
Transatlantic  Economic  Council  is  the  most  promising  instrument  in  this  respect  and  some 
important  progress  has  been  achieved17.  Also  the  High  Level  Trade  Mechanism  with  China 
contributes to a process towards a convergence of regulations and standards. Continued action 
is  being  taken  to  improve  the  effectiveness  of  the  IPR  enforcement  system  against 
counterfeiting  and  the  negotiations  on  the  Anti-Counterfeit  Trade  Agreement  (ACTA)  are 
now  well  advanced.  In  October  2009,  the  Commissioned  issued  a  report  on  intellectual 
property rights (IPR) infringement which targets countries for closer cooperation in the field 
of IPR enforcements and combating infringements. Further sectoral market opening remains 
crucial  such  as  the  finalisation  of  a  second  stage  agreement  of  the  EU-US  Air  Transport 
Agreement (negotiations are well underway); reforming aviation arrangements with other key 
economic  partners,  (e.g.  Canada,  China  and  India);  completing  the  Common  Aviation  Area 
with  the  EU's  neighbours,  such  as  Mediterranean  countries  and  correcting  the  existing 
bilateral aviation agreements to take account of the EU dimension. 

3 

CONCLUSION 

Further  substantial  progress  was  made  in  the  implementation  of  the  CLP  in  2009.  In 
particular, the priorities set under the CLP remained valid in the economic and financial crisis 
and focussed action helped to find appropriate responses. 

Amongst the most important achievements in the second year of the CLP cycle are: 

–  The  adoption  by  the  EP  and  Council  of  the  Renewed  Social  Agenda  that  addresses  the 

need to enhance employment opportunities and ensuring solidarity.  

–  The first step towards a common migration policy was achieved by the adoption of the 
directive  on  entry  of  highly  skilled  workers,  so  called  Blue  Card  Directive,  by  the 
Council. 

–  The  Small  Business  Act  and  its  Action  Plan  was  endorsed  by  the  EP  and  Council  in 
December 2008 and implementation has substantially advanced, both by the Commission 
and by the Member States.  

–  The  Commission  has  made  very  significant  further  progress  in  implementing  its  better 
regulation  agenda,  notably  in  the  area  of  the  reduction  of  unnecessary  administrative 
burdens. 

17 

TEC: Review of Progress Reports: December 2008 and October 2009. 

EN 

12 

   EN 

                                                 
–  The  Commission  has  put  forward  a  set  of  legislative  proposals  aimed  at  reforming  and 

strengthening the EU financial supervision system.  

–  A  legal  framework  for  the  creation  and  operation  of  -  research  infrastructures  of 
European interest was adopted in June 2009 and subsequently entered into force in August 
2009.  

–  The  Climate  and  Energy  package  including  a  revised  EU  ETS  directive,  a  decision 
setting targets for Member States for emissions reductions in sectors outside the EU ETS 
and a directive on the promotion of renewable energy was formally adopted in April 2009. 

–  The  Third  Package  on  the  Internal  Energy  Market  which  aims  to  supplement  the 
existing rules so as to ensure that the internal market operates smoothly for all consumers 
and to enable the EU to achieve a more secure, competitive and sustainable energy supply 
was  adopted  on  13  July  2009In  addition,  substantial  progress  has  also  been  made  in  the 
implementation of the CLP aspects of the European Economic Recovery Plan (see Annex 
2). 

Nevertheless,  a  considerable  number  of  policy  actions  remain  to  be  further  developed  or 
finalised. In particular, there are five areas where more progress should be made. These are: 

–  Progress has stalled on the Pension Portability Directive that is essential to facilitate cross-

border working. 

–  Further progress still need to be made on integrating the retail mortgage market and other 

retail financial markets across the EU.  

–  Following the political agreement in the Council on the EU Patent and the European and 
EU  Patents  Courts,  this  encouraging  progress  needs  to  continue,  subject  to  the  pending 
opinion  of  the  European  Court  of  Justice,  to  resolve  the  outstanding  issues  such  as 
translation arrangements of the patent in order to bring about an affordable single EU-wide 
patent for innovators in Europe. 

–  Only  limited  progress  has  been  made  in  overcoming  the  regulatory  and  tax  obstacles  to 
cross-border  venture  capital  investments  that  serious  limit  the  availability  of  finance  for 
innovation. 

–  A  number  of  the  legislative  proposals  introduced  as  part  of  the  Small  Business  Act  still 

need to be adopted.  

As a result the Commission calls on the legislators to give priority to these legislative acts that 
could accelerate the recovery of the EU economy in its decision making. 

EN 

13 

   EN 

Annex Table I: Measures included in original CLP 

Key Objectives 

Achievements since renewed CLP  

Measures to be adopted by the European 
Commission 

Measures to be adopted as priority action 
by other institutions (EP, Council) 

Measures to be implemented  

Integrated Guidelines 20 (Matching of Labour ,Market needs), 21 (Flexicurity), 23 (Investment in Human Capital), & 24 (Education and training systems) 

The  renewed  Social  Agenda  is  adopted  by  the 
Commission  in  July  2008.  The  Council  and  the 
it. 
European  Parliament  subsequently  endorsed 
COM (2208) 412 

The Commission will propose 
a  renewed  Social  Agenda  by 
particularly 
mid-2008, 
covering 
education, 
migration,  and  demographic 
evolutions, 
to 
and 
address 
the  skills  gap  by 
improving the monitoring and 
forecasting  of  future  skills 
requirements 

help 

REGULATION  laying  down  the  procedure  for 
implementing  Regulation  (EC)  No  883/2004  on  the 
coordination of social security systems is adopted by 
the European Parliament and of the Council  

DIRECTIVE  on  Recognition  of  Professional 
Qualifications  2005/36/EC:  21  Member  States  fully 
and 6 Member States partially transposed  

for 
DIRECTIVE  on  minimum 
enhancing  work  mobility  by 
the 
acquisition  and  preservation  of  supplementary 
pension  rights  (the  "Portability  Directive")  COM 
(2007)603. 

requirements 
improving 

(Previous Commission adoption: October 2007) 

Ensure progressive removal by all MS of transitional 
restrictions  on  the  free  movement  of  workers  from 
the  new  Member  States.  (by  2011  at  the  latest  for 
EU 8 and 2014 for EU 2) 

The REGULATION will enter into force on May 1st 
2010. 

the 

implementation 

the 
Monitor 
RECOMMENDATION  2008C/  111/01  on 
the 
European  Qualifications  Framework  for  lifelong 
learning  Member  States  are  asked  to  relate  national 
qualifications systems to the EQF by 2010. 

of 

EN 

14 

EN 

Promote the implementation of the Recommendation 
on key competences for lifelong learning through the 
OMC  and  report  back  to  EP  and  Council  in  2010 
COM(2005)548. 

 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Key Objectives 

Achievements since renewed CLP  

Measures to be adopted by the European 
Commission 

Measures to be adopted as priority action 
by other institutions (EP, Council) 

Measures to be implemented  

The  Council  and  the  European  Parliament  have 
endorsed the RECOMMENDATION 2009/C 155/02 
on EU-wide credit system transfer and accumulation 
systems for vocational training on 18 June 2009.  

The  Council  and  the  European  Parliament  have 
endorsed 
2009/C 
the  RECOMMENDATION 
155/01on  quality  assurance  in  vocational  education 
and training on 18 June 2009.  

The  Council  adopted  a  strategic  framework  for 
European  cooperation  in  education  and  training 
(ET2020) on 12 May 2009.  

The  Commission  has  adopted  the  communication 
New  Skills  for  New  Jobs  -  Anticipating  and 
matching  labour  market  and  skills  needs  on  16 
December 2008 - EU-wide inventory and monitoring 
system  for  on-going  anticipation  of  future  skills 
requirements  in  the  context  of  "new  skills  for  new 
jobs" initiative. COM(2008)868 

Integrated Guideline 20 (Matching of Labour Market needs) 

Proposal  for  a  DIRECTIVE  on  conditions  of 
admission of seasonal workers. 

Proposals on conditions of admission of remunerated 
trainees.  

Proposal  for  a  DIRECTIVE  on  conditions  of 
admission of intra-corporate transferees.  

Delayed from 2008, projected adoption 2010 

The  Commission  will  make 
proposals 
for  a  common 
policy on immigration in 2008 

The  Council  has  adopted  the  DIRECTIVE  Entry  of 
highly  skilled  workers  (2009/50/EC);  "Blue  Card" 
on May 25 2009. 

The  DIRECTIVE  should  be  transposed  by  19  June 
2011. 

EN 

15 

EN 

 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Key Objectives 

Achievements since renewed CLP  

Measures to be adopted by the European 
Commission 

Measures to be adopted as priority action 
by other institutions (EP, Council) 

Measures to be implemented  

Integrated Guideline 15 (SMEs) 

The  Community  will  adopt  a 
Small Business Act to unlock 
the growth potential of  SMEs 
throughout their life-cycle  

The  “Small  Business  Act  for  Europe”  was  adopted 
in  June  2008  by  the  Commission.  The  European 
Council  and  the  European  Parliament  supported  the 
full implementation of the Action Plan for the SBA.  

– 

The  Commission  adopted  a  proposal  for 
amendment  to  the  DIRECTIVE  (2000/35/EC) 
on late payments. 

–  DIRECTIVE  (2009/47/EC)  on  reduced  VAT 

– 

– 

– 

rates entered into force in June 2009. 
Proposal  for  DIRECTIVE  amending  Directive 
2005/112/EC  on  VAT  invoicing  is  adopted  by 
the Commission. 
Proposal  for  REGULATION  on  the  statute  for 
a  European  private  company  is  adopted  by  the 
Commission. 
The  Commission  adopted  the  General  Block 
Exemption  Regulation  on  State  Aids  (GBER) 
on 7 July 2008. 

DIRECTIVE on late payments 

Projected adoption 2010 

DIRECTIVE on VAT invoicing  

Implementation of the other SBA actions, including 
the ten guiding principles by Member States. 

Projected adoption 2010 

REGULATION on the statute for a European private 
company 

Projected adoption 2010 

Integrated Guideline 14 (Better regulation) 

The  Community  will  move 
towards  the  target  to  reduce 
EU administrative burdens by 
25 % by 2012 and implement 
an  ambitious  simplification 
programme  

Rolling  SIMPLIFICATION  PROGRAMME  (2006-
2009): 147 actions are adopted by the Commission. 

Of  these,  110  actions  are  finalised  (67  adopted  by 
the  Council  and  the  European  Parliament  and  43 
adopted  by  Commission  as  autonomous  acts).  [9 
proposed  actions  were  either  consolidated  in  other 
actions or abandoned.] 

Rolling  SIMPLIFICATION  PROGRAMME  (2005-
2009):  3  initiatives  (2009)  and  20  initiatives  (2010) 
are planned to be proposed by the Commission.  

28  pending  proposals  from  SIMPLIFICATION 
PROGRAMME (2005-2009) 

EN 

16 

EN 

 
  
 
 
 
 
 
 
 
 
 
 
 
 
Key Objectives 

Achievements since renewed CLP  

Measures to be adopted by the European 
Commission 

Measures to be adopted as priority action 
by other institutions (EP, Council) 

Measures to be implemented  

In  2008  the  Commission  proposed  11  fast  track 
actions for reducing administrative burden, of which 
7 were in the form of legislative proposals. 

1  pending  proposal  (comprising  two  reduction 
measures) for Fast Track Actions.  

Projected adoption 2010 

Implementation  of  adopted  measures  by  MS 
authorities 

In 2009 the Commission presented 14 new reduction 
measures, of which 10 are legislative proposals (the 
remaining being executive acts, guidance documents 
and IT tools). 

Present  before  the  end  of  the  year  8  additional 
reduction measures  

10  legislative  measures  based  on  the  Commission 
proposals.  

Projected adoption 2010 

Implementation  of  adopted  measures  by  MS 
authorities. 
Implementation  of  non-legislative 
reduction measures  

Integrated Guidelines 9 (Information Society), 12 (Internal Market) &13 (Open Markets) 

The 
will 
Community 
strengthen  the  single  market, 
in 
increase 
services,  and 
further 
steps to integrate the financial 
services market 

competition 
take 

Political  agreement  is  reached  on  the  revision  of 
regulatory 
DIRECTIVE  2002/21/EC  on 
framework 
for  electronic  communications  and 
services  

the 

The  Commission  adopted  a  Communication  on 
developing harmonised consumer complaints data in 
order  to  help  towards  a  better  monitoring  of  the 
market. 

The  Commission  will  adopt  a  Recommendation 
introducing 
for 
classifying  and  reporting  consumer  complaints  and 
enquiries in 2010. 

harmonised  methodology 

a 

Communication on Retail Market Monitoring 

Delayed from 2009, projected adoption 2010. 

Market monitoring in key markets 

amending  Directive 

DIRECTIVE 
97/67/EC 
concerning  the  full  accomplishment  of  the  internal 
market of Community postal services. 

Deadline for implementation is 2011/ 2013 

DIRECTIVES - Third Package on Rail COM (2004) 
140. 

EN 

17 

EN 

 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Key Objectives 

Achievements since renewed CLP  

Measures to be adopted by the European 
Commission 

Measures to be adopted as priority action 
by other institutions (EP, Council) 

Measures to be implemented  

The  Commission  adopted  a  RECOMMENDATION 
(2009/524/EC)  on  measures 
the 
functioning  of  the  single  market,  endorsed  by  the 
Council (mid-2009)  

improve 

to 

Proposals to allow companies to choose an EU-wide 
tax base 

Delayed from 2008 

Measures to promote the creation of an EU mortgage 
credit market following a communication 

Delayed from 2008 

The  Council  adopted  a  DIRECTIVE  2008/18/EC 
amending  Directive  85/611  on  the  EU  harmonised 
investment funds- UCITS IV  

The  Commission  will 
implementing measures  

adopt 

the  Level  2 

Projected adoption end 2010 

Markets 
in  Financial  Instruments  DIRECTIVE 
2008/10/EC  (MIFID)  adopted  and  implemented  in 
Member States. 

Deadline for implementation is 2009 

DIRECTIVE  2006/123/EC  on  services 
internal market.  

in 

the 

Deadline for implementation is 28 December 2009 

Actions to improve implementation of single market 
following  Communication  on  the  application  of 
Community Law (SMR) COM (2007)502. 

Follow  up  of  Retail  banking  (including  payment 
cards and payment systems) and Business Insurance 
Sector Inquiries. 

The  DIRECTIVE  should  be  transposed  by  June 
2011.  

is 
SEPA  payment  scheme  for  credit  transfers 
launched.  SEPA  Direct  Debit  has been  launched on 
1st November 2009: SEPA compatible Market entry 
in the Card market rendered possible.  

Revised REGULATION 2560/2001 on cross-border 
payments  in  Euro  is  in  force  since  1  November 

Clarifications on SEPA related competition issues to 
be pursued 

18 

EN 

EN 

 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Key Objectives 

Achievements since renewed CLP  

Measures to be adopted by the European 
Commission 

Measures to be adopted as priority action 
by other institutions (EP, Council) 

Measures to be implemented  

2009. 

The  Commission 
a  Communication 
adopted 
Roadmap  2009-2012  in  September  2009,  outlining 
the actions to be undertaken by various stakeholders 
to 
implementation 
COM(2009)471. 

complete 

SEPA 

the 

Measures  for  New  Internal  Market  Package  for 
Goods are adopted by the Council and the European 
Parliament. 

The  Regulation  on  marketing  of  products  will  be 
applicable as from 1 January 2010. 

Implementing  actions  for  accreditation  policy  and 
market  surveillance  will  be  prepared  so  as  to  be 
ready for the 1 January 2010 date.  

The  Commission 
for 
adopted 
DIRECTIVE  Solvency  II  on  the  taking-up  and 
pursuit of the business of Insurance and Reinsurance 
in July 2007 

proposal 

a 

The  Commission  will 
implementing measures by the end of 2010. 

adopt 

the  Level  2 

The  Council  and 
November 
Solvency II  

the  Parliament  adopted 

in 
2009/138/EC 

2009  DIRECTIVE 

the  Parliament  adopted 

the  Amendments 
to  DIRECTIVES  2006/48/EC 

in 
The  Council  and 
(CRD  2nd 
November  2009 
package) 
and 
2006/49/EC on Capital Requirements to address the 
problems highlighted by the crisis, including the 5% 
retention rule for securitisation.  

The  Community  will  make 
the  "fifth  freedom"  (the  free 
movement  of  knowledge)  a 
reality  and  create  a  genuine 
European Research area. 

EN 

Integrated Guideline 7 (R&D) 

19 

Promotion  of  open 
innovation  and  knowledge 
sharing  between  public  research  organisations  and 
the  European  Institute  of 
industry  by  making 

EN 

 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Key Objectives 

Achievements since renewed CLP  

Measures to be adopted by the European 
Commission 

Measures to be adopted as priority action 
by other institutions (EP, Council) 

Measures to be implemented  

The  Commission  has  adopted:  'Better  careers  and 
for 
more  mobility:  a  European  partnership 
researchers' COM 2008 (317). 

for 

The Commission has adopted: 'A strategic European 
Framework 
and 
Technology  Cooperation  COM  (2008)  588;  its  the 
implementation  is  managed  through  the  Strategic 
Forum for International S&T Co-operation (SFIC). 

International 

Science 

The  Council  has  on  02  December  2008  adopted 
conclusions  on  the  Commission  Communication 
"Towards  Joint  Programming  in  Research:  working 
together 
tackle  common  challenges  more 
effectively" COM (2008) 468.  

to 

The  Commission  has  adopted  a  proposal  for  a 
Council  Recommendation  on  "measures  to  combat 
neurodegenerative 
particular 
diseases, 
Alzheimer's, through joint programming of research 
activities" COM (2009) 379/3. 

in 

Following the Commission Communication in 2008, 
Commission  proposals  aimed  at  launching  joint 
programming initiatives.  

The  Council  Conclusions,  Resolution 
Recommendation 
aimed 
programming initiatives.  

launching 

at 

or 
joint 

Projected adoption end 2010 

Projected adoption (end 2009 and 2010) 

Innovation and Technology fully operational. 

The measure is being implemented. 

The measure is being implemented 

joint  programming 

A 
neurodegenerative diseases is to be implemented. 

initiative 

to 

combat 

EN 

20 

EN 

 
  
 
 
 
 
 
  
 
 
 
 
 
 
 
 
 
 
 
Key Objectives 

Achievements since renewed CLP  

Measures to be adopted by the European 
Commission 

Measures to be adopted as priority action 
by other institutions (EP, Council) 

Measures to be implemented  

The  Commission  adopted  renewed  R&D  and 
innovation strategies in thematic fields:  

in  Europe:  Raising 

COM(2009)116:  "A  Strategy  for  ICT  R&D  and 
Innovation 
the  Game", 
COM(2009)519:  "Investing  in  the  Development  of 
Low Carbon Technologies (SET-Plan)", COM(2008) 
862:  "Towards  a  coherent  strategy  for  a  European 
Agricultural Research Agenda" 

The  Commission  has  adopted  a  proposal  for  a 
Regulation on the Community legal framework for a 
European  Research 
(ERI)  COM 
(2008) 467. It has been adopted by the Council on 25 
June 2009. 

Infrastructure 

The Commission adopted: 

Integrated Guideline 8 (Innovation) 

Member States to submit proposals to set up specific 
ERICs. 
Infrastructures 
Consortium 

(European  Research 

–  A  Communication  on 

comprehensive 
industrial  property  rights  strategy  in  July  2008 
COM (2008) 465 

a 

The Community will improve 
the  framework  conditions  for 
innovation,  in  particular  for 
and 
venture 
intellectual property rights. 

capital 

in  knowledge 
the  Code  of  Practice 

–  RECOMMENDATION  on  the  management  of 
transfer 
intellectual  property 
for 
activities  and 
universities 
research 
other 
organisations.  C  (2008)  1329  The  Council  has 
adopted a Resolution endorsing and supporting 
this Recommendation (June 2008 10323/08). 

public 

and 

–  A  Communication 

of 
intellectual  property  rights 
internal 
market  and  launched  the  EU  Observatory  on 
Counterfeiting 

enforcement 
the 
in 

on 

The  Commission  is  financing  tailored  measures  to 
help  SMEs 
their  rights  and  fight 
counterfeiting, like the SME IPR China Helpdesk. 

to  enforce 

Measures  facilitating  faster  and  cheaper  trademark 
registration are adopted. 

EN 

21 

EN 

 
  
 
 
 
 
 
 
 
 
 
 
Key Objectives 

Achievements since renewed CLP  

Measures to be adopted by the European 
Commission 

Measures to be adopted as priority action 
by other institutions (EP, Council) 

Measures to be implemented  

Proposal  for  a  COUNCIL  REGULATION  on  the 
translation arrangements for the EU Patent 

First  Reading  in  the  European  Parliament  on  the 
Regulation for an EU Patent COM (2000)412  

The  Commission  adopted  a  RECOMMENDATION 
to the Council to authorise the Commission to open 
negotiations  for  adoption  of  an  Agreement  creating 
Unified  Litigation  System  in  March  2009  SEC 
(2009)330. 

The  Council  adopted  Conclusions  on  an  Enhanced 
Patent System in Europe and a General Approach on 
the EU Patent on 4 December 2009. 

As of October 2009, JEREMIE was implemented in 
support of SMEs and start ups in 13 Member States 
either at national or at regional level. A total amount 
of € 3.069 billion has been legally committed so far 
to be contributed by ERDF operational programmes 
to JEREMIE holding funds. 

Coordinated  national  action  and  follow-up  at 
Community  level  to  increase  mutual  recognition  of 
national frameworks for venture capital investments 

JEREMIE: The Joint European Resources for Micro 
to Medium Enterprises initiative 

JASMINE:  Joint  Action  to  Support  Micro-finance 
Institutions in Europe 

EIF - The High Growth and Innovative SME Facility 
(GIF): risk capital for innovative SMEs in their early 
stages and in their expansion phase (GIF2-€ 550 m)  

EIF-  The  SME  Guarantee  Facility,  providing  loan 
guarantees  to  encourage  banks  to  make  more  debt 
finance available to SMEs, (€506 m)  

EIF-The  Seed  Capital  Action  and  the  Partnership 
Action: helping to reinforce the capacity of financial 
intermediaries  to  invest  in  and  lend  to  SMEs.  (€73 
m)  It  is  foreseen  that  these  actions  will  not  be 
implemented  and  that  his  budget  will  be  shifted  to 
GIF using the flexibility of the CIP legal basis 

EN 

22 

EN 

 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Key Objectives 

Achievements since renewed CLP  

Measures to be adopted by the European 
Commission 

Measures to be adopted as priority action 
by other institutions (EP, Council) 

Measures to be implemented  

Integrated Guidelines 11 (Environment), 12 (Internal Market) 13 (Open Markets) & 16 (Infrastructure) 

The 
will 
Community 
complete  the  internal  market 
for  energy  and  adopt 
the 
climate  change  package  in 
order  to  put  in  place  the 
framework  to  achieve  at  least 
in 
a 
greenhouse gas emissions and 
reach  a  20%  Renewables 
energy share by 2020. 

reduction 

20% 

The  Climate  Change  and  the  Renewable  Energy 
Packages  have  been  adopted  by  the  Council  of 
European Union and by the European Parliament 23 
April 2009. 

DIRECTIVE 2009/29/EC - Amending the Emission 
Trading  Directive,  2003/87/EC  is  adopted  by  the 
Commission, the Council of European Union and by 
the European Parliament in April 2009. 

The  European  parliament  and  the  Council  have 
adopted  DIRECTIVE  2009/31/EC  on  Carbon 
Capture  and  Geological  Storage  (CCS)  in  April 
2009. 

The  list  of  sectors  with  significant  risk  of  carbon 
leakage to be adopted  

Comitology procedure on-going, projected adoption 
before end 2009 

Determination  of  benchmarks  for  industrial  sectors 
by Commission decision (comitology)  

Projected adoption end 2010 

REGULATION on rule for auctioning of allowances 
under the EU ETS  

Projected adoption June 2010 

The DIRECTIVE should be transposed into national 
law by 31 December 2012. 

The DIRECTIVE should be transposed into national 
law by 25 June 2011. 

EN 

23 

EN 

 
  
 
 
 
 
 
 
 
 
 
 
Key Objectives 

Achievements since renewed CLP  

Measures to be adopted by the European 
Commission 

Measures to be adopted as priority action 
by other institutions (EP, Council) 

Measures to be implemented  

DIRECTIVE 2009/72/EC concerning common rules 
for the internal market in electricity 

Implementation by 2011 

DIRECTIVE 2009/73/EC concerning common rules 
for the internal market in natural gas 

Implementation by 2011 

REGULATION  713/2009  establishing  an  Agency 
for the Cooperation of Energy Regulators 

Implementation by 2011 

REGULATION  714/2009  on  conditions  for  access 
to 
in 
the  network  for  cross-border  exchanges 
electricity 

Implementation by 2011 

REGULATION  715/2009  on  conditions  for  access 
to the natural gas transmission networks  

Implementation by 2011 

Follow up measures to the energy sector inquiry 

The third package on the Internal Market for Energy 
has  been  adopted  by  the  Council  of  the  European 
Union and by the European Parliament  

Integrated Guidelines 10 (Industrial Base) & 11 (Environment) 

The Community will promote 
an  industrial  policy  geared 
towards  more 
sustainable 
production  and  consumption, 
renewable 
on 
focusing 
energies  and  low-carbon  and 
resource-efficient 
products, 
services and technologies.  

The  Commission  adopted  SCP/SIP  Action  Plan  in 
July  2008  to  promote  the  establishment  of  an 
internal  market  for  environmental 
technologies 
COM(2008) 397 

The  Commission  adopted  the  Energy  Efficiency 
Package  on  the  energy  performance  of  buildings 
COM(2008)  780  and  on  energy  labelling  of  tyres 
COM(2008)  779  and  energy  labelling  and  product 
information  on  energy-related  products  COM(2008) 
778.  

/  November  2009, 

In  October 
the  European 
Parliament  and  the  Council  have  reached a  political 
agreement on the Energy Efficiency Package.  

Legislative  proposals  following  the  "Sustainable 
industrial  policy/Sustainable  consumption  policy", 
notably extension of EUP Directive 

Projected adoption end 2010 

Proposals  for  three  DIRECTIVES  as  part  of  the 
Energy Efficiency Package  

Projected adoption end of 2009/ beginning 2010 

EN 

24 

EN 

 
  
 
 
 
 
 
 
 
 
 
 
Key Objectives 

Achievements since renewed CLP  

Measures to be adopted by the European 
Commission 

Measures to be adopted as priority action 
by other institutions (EP, Council) 

Measures to be implemented  

The Commission adopted in December 2007 the lead 
markets  initiative  to  promote  the  development  of 
European  lead  markets  for energy/resource  efficient 
technology COM(2007) 860 

DIRECTIVE  2009/28/EC  on  the  promotion  of 
renewable  energy  amending  Directives  2001/77/EC 
and  2003/30/EC  was  adopted  by  the  Commission, 
the Council and the European Parliament 

Revision of the Energy Efficiency Action Plan 

Projected adoption 2010/2011 

Proposal for a DIRECTIVE - Review of the Energy 
Taxation Directive 

Delayed from 2008, projected adoption 2010 

3  Commission  REGULATIONS  setting  eco-design 
requirements  (through  Comitology):  water  heaters; 
washing machines; dishwashers  

Projected adoption 2010 

The DIRECTIVE should be transposed into national 
law by December 2010. 

Six  Commission  REGULATIONS  setting  eco-
design  requirements  (through  Comitology):  Simple 
set-top  boxes;  external  power  supplies;  tertiary 
sector  lighting  equipment;  domestic  sector  lighting 
equipment;  domestic  refrigerators  and  freezers;  and 
televisions 

Commission 

DIRECTIVES 

Five 
(through 
Comitology)  implementing  the  energy  labelling 
directive  for  water  heaters;  washing  machines; 
and 
dishwashers, 
televisions 

refrigerators 

freezers; 

and 

July  2008 

In 
a 
COMMUNICATION  on  public  procurement  for  a 
better environment COM(2008)400 

the  Commission 

adopted 

Projected adoption 2010 

Measures  to  strengthen  the  Public  Procurement  of 
high-performance 
environmentally-friendly 
products,  technologies  and  services-following  July 
2008 Communication  

Projected adoption 1st Q 2010 

EN 

25 

EN 

 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Key Objectives 

Achievements since renewed CLP  

Measures to be adopted by the European 
Commission 

Measures to be adopted as priority action 
by other institutions (EP, Council) 

Measures to be implemented  

The  Commission  adopted  the  European  Strategic 
Energy  Technology  Plan  (SET-Plan),  aimed  at  an 
accelerated  development  and  wide-scale  application 
of 
energy 
technologies COM(2007) 723 

sustainable 

efficient 

clean, 

and 

Based on the SET Plan, the Commission adopted the 
Communication  on  Investing  in  the  development  of 
low carbon technologies COM(2009) 519 

- 7th Framework Programme (2007-13): €2.3 billion 
for  energy,  €1.8  billion  for  environment  (including 
climate change) 

- Competitiveness and Innovation Programme (CIP) 
(2007-13),  Entrepreneurship 
Innovation 
Programme  (EIP)  €  430  m illion  for  eco-innovation 
and  Intelligent  Energy  for  Europe  (IEE) 
€730 
million 

and 

Whilst  working  to  conclude 
the  Doha  multilateral  trade 
negotiations,  the  Community 
will  negotiate  bilaterally  with 
key  trading  partners  to  open 
for 
up  new  opportunities 
and 
international 
investment,  improve  market 
access  focussing  on  countries 
and  sectors  where  significant 
barriers  remain,  and  create  a 
common  space  of  regulatory 
provisions and standards. 

trade 

Integrated Guideline 13 (Open Markets) 

The Commission initialled an FTA with South Korea;  

Launched negotiations for a Comprehensive Economic and Trade Agreement with Canada 

International Agreement - New Partnership and Cooperation Agreement (PCA) with China/ trade and investment part  

Fur 

Bilateral Cooperation EU-USA- Transatlantic Economic Council; EU-USA Energy Council is created 

Bilateral regulatory cooperation with US, Japan, China and Russia 

Multi-party Agreement - Anti Counterfeiting Trade Agreement (ACTA) 

EN 

26 

EN 

 
  
 
 
 
 
 
 
 
Key Objectives 

Achievements since renewed CLP  

Measures to be adopted by the European 
Commission 

Measures to be adopted as priority action 
by other institutions (EP, Council) 

Measures to be implemented  

Monitoring  and  strengthening 
of  spending  on  Growth  and 
Jobs (earmarking) 

European Cohesion Policy Funds (mid-term review 2010) 

European Agricultural Fund for Rural Development (mid-term review 2010) 

Lifelong learning Programme 

European Globalisation Adjustment Fund 

EN 

27 

EN 

 
  
 
Annex Table II: Community measures, notably part of the EERP, contributing to the objectives of the CLP, but not originally foreseen 

Key Objectives 

Achievements since renewed CLP 

Measures to be adopted by the European 
Commission 

Measures to be adopted as priority action 
by other institutions (EP, Council) 

Measures to be implemented 

The 
will 
Community 
strengthen  the  single  market, 
in 
increase 
services,  and 
further 
steps to integrate the financial 
services market 

competition 
take 

Integrated Guidelines 9 (Information Society), 12 (Internal Market) &13 (Open Markets) 

In  April  2009 
the  Commission  adopted  a 
Communication  outlining  the  work  to  harmonise 
protection  rules  for  investors  in  packaged  retail 
investment products.COM(2009)2004 

Further  policy  proposals  to  harmonise  protection 
rules  for  investors  in  packaged  retail  investment 
products will follow. 

REGULATION  (EC)  No  1060/2009  on  Credit 
Rating  Agencies  is  adopted  by  the  EP  and  the 
Council  in  April  and  entered  into  force  in  October 
2009.  

In  October  2009,  the  Communication  adopted  a 
Communication  outlining  the  policy  proposals  for 
future  legislative  measures  on  safety  of  financial 
derivatives markets. COM(2009) 563 

In  April  2009,  the  Commission  has  proposed  a 
Investment  Fund 
DIRECTIVE  on  Alternative 
Managers  (AIFM),  covering  also  managers  of 
venture capital funds. COM(2009) 207 

DIRECTIVE  on  Alternative 
Managers (AIFM)  

Investment  Fund 

Projected adoption 2010 

Proposals for REGULATIONS establishing; 

of 

proposals 

In  September  2009,  the  Commission  has  adopted  a 
package 
for  REGULATIONS 
reforming  the  EU  financial  supervision  system 
followed  by  the  'Omnibus  Directive'  introducing 
changes in the sectoral legislation to define the scope 
the  new  European 
of  powers  exercised  by 
2009 
in  October 
Supervisory  Authorities 
COM(2009) 576 

– 
– 
– 

the European Systemic Risk Board (ESRB) 
The European Banking Authority,  
The  European  Insurance  and  Occupational 
Pensions Authority,  
European Securities Markets Authority  

– 
–  Council  Decision  on  relations  between  the 

ESRB and the ECB  

Projected adoption 2010 

The  Commission  launched  work  on  cross-border 
crisis  management  and  bank  resolution  framework 
with  public  consultation  started  in  October  2009. 
COM(2009) 561 

EN 

28 

EN 

 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Key Objectives 

Achievements since renewed CLP 

Measures to be adopted by the European 
Commission 

Measures to be adopted as priority action 
by other institutions (EP, Council) 

Measures to be implemented 

The  Commission  has  adopted  the  Decision  on 
financing the IASCF, EFRAG and PIOB to enhance 
effectiveness and independence of these bodies. 

The  Council  and  the  Parliament  adopted.  Directive 
2009/14/EC  amending  Directive  94/19/EC  on 
deposit-guarantee  schemes  as  regards  the  coverage 
level and the payout delay11 March 2009 

In April 2009 two RECOMMENDATIONS adopted 
by the Commission on: remuneration of directors of 
listed 
on 
remuneration  in  the  financial  services  sector  C 
(2009)/3159. 

companies  C 

(2009)/3177 

and 

The Decision is being implemented.  

. 

The RECOMMENDATIONS need be implemented. 

The  Commission  has  adopted  Amendments  (SEC 
(2009)974  and  975)  to  DIRECTIVES  2006/48/EC 
and 2006/49/EC on Capital Requirements (CRD) on 
trading  book  exposures, 
re-securitisation  and 
remuneration (CRD 3rd package) 

Commission to  adopt  further  amendments  (CRD  4th 
package) which are likely to cover through-the-cycle 
expected  loss  provisioning,  liquidity  and  leverage, 
capital  buffers  and  removal  of  national  options  and 
discretions. 

DIRECTIVE  -  Amendments  CRD  on  trading  book 
exposures,  re-securitisation  and  remuneration  (CRD 
3rd package)  

Projected adoption 2010 

In  May  2009,  the  Council  adopted  an  amending 
Regulation (No 473/2009) to Council Regulation No 
1698/2005 based on Commission's proposals on  the 
use  of  €1.02  million  the  Recovery  Plan  to  bring 
broadband  in  rural  areas  and/or  for  facing  new 
challenges  as  identified  under  the  Health-Check  of 
the CAP. 

The  Community  will  make 
the  "fifth  freedom"  (the  free 
movement  of  knowledge)  a 
reality  and  create  a  genuine 
European Research area. 

The  Commission  in  July  2009  launched  the  call  for 
research  projects  for 
three  public  private 
the 
partnerships  (PPPs);  Factories  of  the  Future,  Green 
Cars  and  Energy  Efficient  Buildings  with  funding 
from  7th  Framework  Programme  and 
industry. 
Expected that the first projects will start spring 2010. 

Integrated Guideline 7 (R&D) 

EN 

29 

EN 

 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Key Objectives 

Achievements since renewed CLP 

Measures to be adopted by the European 
Commission 

Measures to be adopted as priority action 
by other institutions (EP, Council) 

Measures to be implemented 

Integrated Guidelines 11 (Environment), 12 (Internal Market) 13 (Open Markets) & 16 (Infrastructure) 

The  DIRECTIVE  2009/119/EC  on  emergency  oil 
stocks has been adopted by the Council. 

The DIRECTIVE 2009/119/EC should be transposed 
into national law by 2012. 

The 
will 
Community 
complete  the  internal  market 
for  energy  and  adopt 
the 
climate  change  package  in 
order  to  put  in  place  the 
framework  to  achieve  at  least 
a 
in 
greenhouse gas emissions and 
reach  a  20%  Renewables 
energy share by 2020. 

reduction 

20% 

The Commission adopted proposals: 

– 

– 

for  a  new  REGULATION  measures 
safeguard security of gas supply  
for  a  revision  of  REGULATION  736/96  on 
notifying  projects  to  the  Community  in  the 
petroleum,  natural  gas  and  electricity  sector 
COM(2009) 361 

to 

Adoption  in  July  2009  of  proposals  on  Energy 
Security  and  Infrastructure  as  a  follow  up  of  the 
Second  Strategic  Energy  Review  proposing  a 
number  of  strategic  projects  to  strengthen  solidarity 
and security of supply in the truly European energy 
network (€ 4 billion Community financing) 

Council  REGULATION  concerning  the  notification 
to the Commission of investment projects in energy 
the  European  Community 
infrastructure  within 
repealing Regulation (EC) No 736/96  

Projected adoption 2010  

the  European 
Revision  of  REGULATION  of 
Parliament  and  of  the  Council  concerning  measures 
to safeguard security of gas supply DIRECTIVEand 
repealing Directive 2004/67/EC  

Projected adoption 2010 

EN 

30 

EN 

 
  
 
 
 
 
 
 
 
 
Key Objectives 

Achievements since renewed CLP 

Measures to be adopted by the European 
Commission 

Measures to be adopted as priority action 
by other institutions (EP, Council) 

Measures to be implemented 

Integrated Guideline 13 (Open Markets) 

Whilst  working  to  conclude 
the  Doha  multilateral  trade 
negotiations,  the  Community 
will  negotiate  bilaterally  with 
key  trading  partners  to  open 
up  new  opportunities 
for 
and 
international 
investment,  improve  market 
access  focussing  on  countries 
and  sectors  where  significant 
barriers  remain,  and  create  a 
common  space  of  regulatory 
provisions and standards. 

trade 

International Agreement – Commission actively participates in work of the G-20 and has obtained permanent place as a member in the new Financial Stability Board 

EN 

31 

EN