These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.
These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.
Council Decision 2007/436/EC, Euratom of 7 June 2007 on the system of the European Communities’ own resources.
The budget of the EU is financed wholly from own resources in order to ensure the orderly development of the Union’s policies. There are three categories of own resources: “traditional own resources”, the own resource based on value added tax (VAT) and the own resource based on gross national income (GNI). Other revenue sources include taxes paid by officials, fines imposed on firms by the Community and interest on late payments.
Own resources ceiling
The own resources ceiling is maintained at 1.24% of the sum of all the EU Member States’ GNIs. The ceiling on annual appropriations for payments is set at 1.31% of that figure. Own resources finance all the expenditure entered in the EU’s general budget. Any surpluses are carried over to the following financial year.
Traditional own resources
Traditional own resources consist of Common Customs Tariff duties and of levies under the common organisation of the market for sugar (“sugar” levies). Member States may retain, by way of collection costs, 25% of the amounts raised.
VAT resource
The own resource based on VAT are levied on Member States’ VAT bases, which have been harmonised for this purpose.
The maximum rate of call of the VAT resource is 0.30%. The maximum VAT base to be taken into account in calculating the rate of call is set at 50% of each Member State’s GNI (“capping of the VAT resource”). For the period 2007-2013 the rate of call of the VAT resource is set at 0.225% for Austria, 0.15% for Germany and 0.10% for the Netherlands and Sweden.
The resource based on GNI
In the light of the revenue generated by the other own resources, the GNI resource is based on the application of a uniform rate to the sum of the GNIs of all the Member States.
For the period 2007-2013, two Member States will benefit from a gross reduction in their annual GNI contribution: an annual reduction of EUR 605 million for the Netherlands and of EUR 150 million for Sweden.
Correction in favour of the United Kingdom
The correction in respect of budgetary imbalances in the United Kingdom is calculated on the basis of the difference between the share of the UK VAT base in the EU’s total VAT base and the share of the United Kingdom in total allocated expenditure.
Germany, Austria, the Netherlands and Sweden are entitled to a reduction in their share of the financing of the correction in favour of the United Kingdom, which is reduced to one quarter of its normal value.
Collection of own resources
The method for collecting own resources will continue to be determined by national provisions. The Commission will carry out a regular examination of those provisions. The Member States will regularly inform the Commission of any anomalies having a financial impact with respect to collection.
| Act | Entry into force – Date of expiry | Deadline for transposition in the Member States | Official Journal |
|---|---|---|---|
| Decision 2007/436/EC, Euratom | – | – | OJ L 163 of 23.6.2007 |
Council Regulation (EC, Euratom) No 1287/2003 of 15 July 2003 on the harmonisation of gross national income at market prices (GNI Regulation) [Official Journal L 181 of 19.07.2003].
A growing share of the European Communities’ own resources is based on gross national income at market prices. The Regulation further reinforces the comparability, reliability and exhaustiveness of this aggregate.
Commission Decision 97/245/EC, Euratom of 20 March 1997 laying down the arrangements for the transmission of information to the Commission by the Member States under the Communities’ own resources system [Official Journal L 97 of 12.4.1997].
See consolidated version
Council Regulation (EEC, Euratom) No 1553/89 on the definitive uniform arrangements for the collection of own resources accruing from value added tax [Official Journal L 155 of 7.6.1989].
The Regulation lays down a single method for determining the VAT bases in a uniform manner.
See consolidated version
Follow-up reports:
Commission report on the follow-up of traditional own resources in cases of fraud and irregularities [COM(2004)850 final – Not yet published in the Official Journal].
Under Regulation (EC) No 1150/2000, Member States are required to inform the Commission of cases of fraud or irregularity with a potential financial impact of over 10 000. The report reviews the situation as regards the system for recovering unpaid customs duties. Such duties form part of the own resources allocated directly to the Community budget. The Member States are responsible for the procedures for recovering customs debt under the control of the Commission. The Commission notes that amounts not recovered are relatively small compared with the total amount involved (160 million).
Commission report to the Council and the European Parliament: Fifth report under Article 12 of Regulation (EEC, Euratom) No 1553/89 on VAT collection and control procedures [COM(2004)855 final – Not published in the Official Journal].
Every three years the Commission draws up a report analysing the procedures applied by Member States for registering taxable persons and for determining and collecting VAT. It also analyses the modalities and results of their VAT control systems and suggests improvements.
These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.
Anti-discrimination and relations with civil society
Communication from the Commission of 11 December 2002, Towards a reinforced culture of consultation and dialogue – General principles and minimum standards for consultation of interested parties by the Commission [COM(2002) 704 final – Not published in the Official Journal].
By establishing a consultation process, the Commission is encouraging the participation of external interested parties in the development of European policies. Starting the consultation at an early stage in the legislative procedure helps to improve the effectiveness of policies whilst reinforcing the involvement of interested parties and the general public.
External consultation process
The consultation and dialogue are part of the European legislative procedure and complement the work of the European Parliament and the Council of the European Union in the development of policy. The scope of the consultation depends on the potential impact of a proposal on a particular sector or on whether it represents a major policy reform.
This process differs clearly from the internal decision-making process and the specific consultation processes provided for in the treaties or secondary legislation, as well as in international agreements.
The process for the consultation of interested external parties is not legally binding. Moreover, it cannot be indefinite or permanent.
The Commission advocates open governance involving as broad a participation by citizens as possible, in a growing number of fields.
The specific role of organised civil society
Civil society organisations act as relays between citizens and the European institutions, thus encouraging policy dialogue and the active participation of citizens in achieving the aims of the European Union (EU).
The departments of the Commission thus conduct structured dialogue with these organisations. Improving the consultation procedures will guarantee a more consistent and interactive approach. Interactive mechanisms will allow the impact of Community policies to be assessed, via the feedback of information and the consultation of panels.
Information on the Commission’s formal or structured advisory bodies in which civil society organisations participate can be found in the CONECCS database (Consultation, European Commission and Civil Society), which also includes a voluntary list of civil society organisations established at European level.
The Commission also supports the Economic and Social Committee and the Committee of the Regions. These institutional advisory bodies acts as relays for the views of organised civil society and regional and local authorities respectively.
A consistent consultation framework
More systematic consultation calls for a rationalisation of procedures and the availability of a structured channel for participants’ views to be expressed. Interested parties can express their views via the Internet portal ” Your voice in Europe “.
The consultation is subject to certain general principles, relating to:
The consultation must respect certain minimum standards, which provide that:
These consultation principles and standards apply in particular to key Commission proposals, identified in the Commission’s programme of work.
These general principles and minimum standards must be complemented by the dissemination of good practices, such as the diversity, responsibility and integrity of the information gathering exercise.
Background
In this Communication, the Commission is fulfilling the undertakings it made in its 2001 White Paper on European governance to reinforce the culture of consultation and dialogue in the European Union.
This Communication also contributes to the ‘Action Plan for Better Regulation’ and the new approach for evaluating the impact of Community legislation.
| Key terms used in the act |
|---|
|
Communication from the Commission of 5 June 2002, Consultation document: Towards a reinforced culture of consultation and dialogue – Proposal for general principles and minimum standards for consultation of interested parties by the Commission [COM(2002) 277 final – Not published in the Official Journal].
The Commission launched a consultation to find out the views of all the parties concerned with the improvement of its external consultation process. These results were incorporated in the final version of the Communication from the Commission concerning the drafting of general principles and minimum standards for consultations.
Commission White Paper of 25 July 2001 on European Governance [COM(2001) 428 final – Official Journal C 287 of 12.10.2001].
Commission Discussion paper of 18 January 2000, The Commission and Non-Governmental Organisations: Building a Stronger Partnership [COM(2000) 11 final – Not published in the Official Journal]
This Discussion Paper emphasises the Commission’s desire to build stronger partnerships with non-government organisations (NGOs). They contribute by their work towards reinforcing participative democracy by improving the representation of certain groups of citizens with the European institutions, as well as with their support for the definition of policies, the management of projects and European integration. Having identified the main issues that hamper such partnerships, the Commission proposes simplifying funding procedures, facilitating access to information and establishing regular dialogue through formalised consultations.
These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.
Institutional affairs > Building europe through the treaties > The Amsterdam treaty: a comprehensive guide
Treaty on European Union
Human rights and fundamental freedoms
Common foreign and security policy (CFSP)
Police and judicial cooperation in criminal matters
Final provisions
Treaty establishing the European Community
Closer cooperation
Discrimination on grounds of nationality
Discrimination based on sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation
Establishing the single market
Citizenship of the Union
Free movement of goods
Agriculture
Free movement of workers
Right of establishment
Services
Capital and payments
Visas, asylum, immigration and other policies related to free movement of persons
Transport
Rules on competition
Tax provisions
Approximation of laws
Economic policy
Monetary policy
Institutional provisions in the area of economic and monetary policy
Transitional provisions in the area of economic and monetary policy
Employment
Common commercial policy
Customs cooperation
Social provisions
European Social Fund
Education, vocational training and youth
Culture
Public health
Consumer protection
Trans-European networks
Industry
Economic and social cohesion
Research and technological development
Environment
Development cooperation
Association of the overseas countries and territories
Institutional provisions (list not exhaustive)
Financial provisions (list not exhaustive)
General and final provisions (list not exhaustive)
INTRODUCTION
Decision-making in the European Union comprises several different procedures. This means that the different institutions play different roles depending on the subject matter concerned. As a rule, decision-making principally involves three institutions: the European Parliament, the Council and the Commission. However, other institutions and bodies such as the Court of Auditors, the European Central Bank, the Economic and Financial Committee, the Economic and Social Committee and the Committee of the Regions also play a role in certain specific areas. The various bodies operate within the powers conferred on them by the Treaties.
The description below covers the provisions of both the EU Treaty and the EC Treaty. It is organised by subject, following the title and chapter headings in the Treaties. Bold italics indicate changes introduced by the Amsterdam Treaty, whether in the form of a new provision or the amendment of a decision-making procedure.
TREATY ON EUROPEAN UNION
Human rights and fundamental freedoms
Determining the existence of a serious and persistent breach of the principles on which the European Union is founded (Article 7(1)):
Decision to suspend certain rights deriving from the application of the Treaty to the Member State in question (Article 7(2)):
Decision to revoke or vary suspension measures taken against a Member State (Article 7(3)):
Common foreign and security policy (CFSP)
Adopting common strategies and setting out their objectives, duration and the means to be made available by the Union and the Member States for their implementation (Article 13):
Decisions under the common foreign and security policy (Article 23(1)):
Adopting joint actions and common positions on the basis of a common strategy (Article 23(2), first subparagraph, first indent):
Adopting any decision implementing a joint action or a common position (Article 23(2), first subparagraph, second indent):
Referring a decision to the European Council where a member of the Council declares that, for important reasons of national policy, it opposes the adoption of a decision to be taken by qualified majority (Article 23(2), second subparagraph):
Procedure for concluding an agreement with one or more States or international organisations (Article 24):
Decision not to charge certain expenditure to the budget of the European Communities (Article 28):
Police and judicial cooperation in criminal matters
Adoption of common positions, framework decisions and decisions (Article 34(2)(a), (b) and (c):
Adoption of measures necessary for implementing a decision (Article 34(2)(c):
Adoption of conventions (Article 34(2)(d), first subparagraph, ex Article K.6):
Adoption of measures implementing conventions (Article 34(2)(d), second subparagraph, ex Article K.6):
Establishing closer cooperation under Title VI (Article 40(2), first subparagraph):
Referring a decision to the European Council where a member of the Council declares that, for important reasons of national policy, it opposes the granting of authorisation for closer cooperation (Article 40(2), second subparagraph):
Decision not to charge certain expenditure to the budget of the European Communities (Article 41):
Transferring action in areas covered by Title VI of the Treaty on European Union to Title IV of the Treaty establishing the European Community (Article 42, ex Article K.14):
Final provisions
Amending the Treaties on which the European Union is founded (Article 48, ex Article N):
Accession to the European Union by a European State (Article 49, ex Article O):
TREATY ESTABLISHING THE EUROPEAN COMMUNITY
Closer cooperation
Authorisation to establish closer cooperation (Article 11(2), first subparagraph):
Referral to the Council, meeting in the composition of the Heads of State or Government, where a Member State declares that, for important reasons of national policy, it opposes the granting of authorisation for closer cooperation (Article 11(2), second subparagraph):
Authorisation to establish closer cooperation granted by the Council, meeting in the composition of the Heads of State or Government (Article 11(2), second subparagraph):
Discrimination on grounds of nationality
Adopting rules to prohibit such discrimination (Article 12, ex Article 6):
Discrimination based on sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation
Measures necessary to combat all forms of discrimination (Article 13):
Establishing the single market (see also points 6, 8, 9, 10, 11 and 16)
Determining the guidelines and conditions necessary to ensure balanced progress in all the sectors covered by the four freedoms (Article 14(3), ex Article 7 A):
Citizenship of the Union
Adopting provisions to facilitate the exercise of Union citizenship rights (Article 18, ex Article 8 A):
Arrangements for exercising the right to vote and to stand as a candidate in municipal elections (Article 19(1), ex Article 8 B):
Arrangements for exercising the right to vote and to stand as a candidate in elections to the European Parliament (Article 19(2), ex Article 8 B):
Provisions to strengthen or add to the Union citizenship rights (Article 22, ex Article 8 E):
Free movement of goods
Fixing Common Customs Tariff duties (Article 26, ex Article 28):
Agriculture
Adopting regulations, directives, decisions and common market organisation arrangements (Article 37(2) and (3), ex Article 43):
Free movement of workers
Adopting measures to bring about freedom of movement for workers (Article 40, ex Article 49):
Adopting measures in the field of social security to provide freedom of movement for workers (Article 42, ex Article 51):
Right of establishment
Issuing directives to bring about freedom of establishment (Article 44, ex Article 54):
Exempting certain activities from the provisions of the “Right of establishment” Chapter (Article 45, ex Article 55):
Directives on coordinating provisions laying down special treatment of foreign nationals on grounds of public policy, public security or public health (Article 46, ex Article 56):
Directives for the mutual recognition of diplomas, certificates and other evidence of formal qualifications (Article 47(1), ex Article 57):
Directives for the coordination of provisions laid down by law, regulation or administrative action in Member States concerning the taking-up and pursuit of activities as self-employed persons (Article 47(2), ex Article 57):
Services
Extending the provisions of the “Services” Chapter to service providers who are nationals of a third country, but established within the Community (Article 49, ex Article 59):
Directives to liberalise a specific service (Article 52, ex Article 63):
Capital and payments
Measures on the movement of capital to or from third countries involving direct investment – including investment in real estate – establishment, the provision of financial services or the admission of securities to capital markets (Article 57, ex Article 73 C):
Safeguard measures where, in exceptional circumstances, movements of capital to or from third countries cause, or threaten to cause, serious difficulties for the operation of economic and monetary union (Article 59, ex Article 73 F):
Urgent measures to suspend or reduce economic relations between the European Union and a third country (Article 60(1), ex Article 73 G):
Amending or abolishing unilateral measures taken by a Member State against a third country (Article 60(2), ex Article 73 G):
Visas, asylum, immigration and other policies related to free movement of persons
Measures to ensure the absence of any controls on persons, when crossing internal borders (Article 62(1)):
Measures on standards and procedures to be followed by Member States in carrying out checks on persons at external borders (Article 62(2)(a)):
Adoption of a uniform format for visas and a list of third countries whose nationals must be in possession of visas when crossing the external borders (Article 62(2)(b)(i) and (iii)):
Establishing the procedures and conditions for issuing visas by Member States and rules on a uniform visa (Article 62(2)(b)(ii) and (iv)):
Measures setting out the conditions under which nationals of third countries shall have the freedom to travel within the territory of the Member States during a period of no more than three months (Article 62(3)):
Measures on asylum (criteria and mechanisms for determining which Member State is responsible for considering an application for asylum, minimum standards on the reception of asylum seekers, conditions for qualifying for refugee status, for granting or withdrawing refugee status) (Article 63(1)):
Measures on refugees and displaced persons (granting temporary protection) (Article 63(2)(a)):
Measures on refugees and displaced persons (balance of effort between Member States) (Article 63(2)(b)):
Measures on immigration policy (conditions of entry and residence, and standards on procedures for issuing long-term visas and residence permits) (Article 63(3)(a)):
Measures on immigration policy (illegal immigration and illegal residence) (Article 63(3)(b)):
Measures defining the rights and conditions under which nationals of third countries who are legally resident in a Member State may reside in other Member States (Article 63(4)):
Provisional measures in an emergency situation characterised by a sudden inflow of nationals of third countries (Article 64):
Measures in the field of judicial cooperation in civil matters having cross-border implications (Article 65):
Measures to ensure cooperation between the relevant departments of the administrations of the Member States, as well as between those departments and the Commission (Article 66):
Decision to provide for all or parts of the areas covered by Title IV to be governed by the co-decision procedure after the end of the transitional period and to adapt the provisions relating to the powers of the Court of Justice (Article 67(2), second indent):
Transport
Common rules, conditions under which non-resident carriers may operate transport services within a Member State, safety and other appropriate provisions (Article 71(1), ex Article 75):
Provisions concerning the principles of the regulatory system for transport, the application of which would be liable to have a serious effect on the standard of living and on employment in certain areas and on the operation of transport facilities (Article 71(2), ex Article 75):
Rules to abolish discrimination which takes the form of carriers charging different rates and imposing different conditions (Article 75, ex Article 79):
Deciding whether, to what extent and by what procedure appropriate provisions may be laid down for sea and air transport (Article 80, ex Article 84):
Rules on competition
Adopting appropriate regulations or directives to give effect to the principles set out in Articles 81 and 82 (Article 83, ex Article 87):
Derogation whereby State aid that would normally be in breach of Community law is, in exceptional circumstances, considered to be compatible with the common market, :
Adopting appropriate regulations for the application of Articles 87 and 88 in respect of State aid (Article 89, ex Article 94):
Tax provisions
Remissions and repayments for a limited period in respect of exports to other Member States(Article 92, ex Article 98):
Harmonisation of legislation concerning turnover taxes, excise duties and other forms of indirect taxation (Article 93, ex Article 99):
Approximation of laws
Issuing directives for the approximation of such laws, regulations or administrative provisions of the Member States as directly affect the common market (Article 94, ex Article 100):
Establishment and functioning of the internal market (Article 95, ex Article 100A):
Special cases where distortion of competition needs to be eliminated (Article 96, ex Article 101):
Economic policy
Adopting recommendations setting out broad economic policy guidelines (Article 99(2), ex Article 103):
Recommendations to Member States acting inconsistently with the broad economic policy guidelines (Article 99(4), ex Article 103):
Decision to make Council recommendations public (Article 99(4), ex Article 103):
Possibility of adopting detailed rules for the multilateral surveillance procedure in respect of economic policies (Article 99(5), ex Article 103):
Appropriate measures in the event of severe difficulties arising in the supply of certain products (Article 100(1), ex Article 103 A):
Community financial assistance for a Member State in difficulties caused by exceptional occurrences beyond its control (Article 100(2), ex Article 103 A):
Application of the prohibition on assuming commitments and providing overdraft facilities (Article 103, ex Article 104 B):
Establishing the existence of an excessive deficit (Article 104(6), ex Article 104 C):
Excessive deficit procedure (Article 104(7)-(9), (11) and (12), ex Article 104 C):
Amending the Protocol on the excessive deficit procedure (Article 104(14), ex Article 104 C):
Monetary policy
Decision conferring upon the ECB specific tasks concerning policies relating to the prudential supervision of credit institutions and other financial institutions with the exception of insurance undertakings (Article 105):
Measures to harmonise the denominations and technical specifications of all coins intended for circulation in the Community (Article 106, ex Article 105 A):
Amending the Statute of the European System of Central Banks (ESCB) (Article 107(5), ex Article 106):
Adoption of certain provisions referred to in the Statute of the European System of Central Banks (ESCB) (Article 107(6), ex Article 107):
Conclusion of formal agreements on an exchange-rate system for the euro in relation to non-Community currencies (Article 111(1), ex Article 109):
Adopting, adjusting or abandoning the central rates of the euro (Article 111(1), ex Article 109):
Formulating general orientations in the absence of an exchange-rate system in relation to one or more non-Community currencies (Article 111(2), ex Article 109):
Arrangements for negotiating and concluding agreements concerning monetary or foreign exchange regime matters (Article 111(3), ex Article 109):
Institutional provisions in the area of economic and monetary policy
Adopting detailed rules on the make-up of the Economic and Financial Committee (Article 114, ex Article 109 C):
Transitional provisions in the area of economic and monetary policy
Ending derogations for Member States unable to adopt the single currency (Greece and Sweden) from the outset of the third phase (Article 122, ex Article 109 K):
Adoption, on 1 January 1999 , of the conversion rates at which the national currencies shall be irrevocably fixed and at which irrevocably fixed rate the ECU shall be substituted for these currencies (Article 123, ex Article 109 L):
Employment
Drawing up guidelines for the Member States to take into account in their employment policies (Article 128(2)):
Recommendations to Member States concerning employment policy(Article 128(4)):
Adoption of incentive measures designed to encourage cooperation between Member States and to support their action in the field of employment (Article 129):
Common commercial policy
Adopting directives to harmonise the systems for granting aid for exports to third countries (Article 132, ex Article 112):
Exercising the powers conferred on the Council under Article 133 (Article 133, ex Article 113):
Extending Article 133 to international negotiations and agreements on services and intellectual property (Article 133(5), ex Article 113):
Customs cooperation
Measures to strengthen customs cooperation between Member States and between the latter and the Commission (Article 135):
Social provisions
Adoption of directives laying down minimum requirements in the social field and measures designed to encourage cooperation between Member States (Article 137(2), ex Article 118):
Adoption of measures concerning social security and social protection of workers, protection of workers where their employment contract is terminated, representation and collective defence of the interests of workers and employers, including co-determination, subject to paragraph 6, conditions of employment for third-country nationals legally residing in Community territory and financial contributions for promotion of employment and job-creation, without prejudice to the provisions relating to the Social Fund. (Article 137(3), ex Article 118):
Decisions on implementing Community-level agreements between labour and management (Article 139(2), ex Article 118 B):
Adoption of measures to ensure the application of the principle of equal opportunities and equal treatment of men and women in matters of employment and occupation (Article 141(3), ex Article 119):
Assigning to the Commission tasks in connection with the implementation of common measures, particularly as regards social security for the migrant workers (Article 144, ex Article 121):
European Social Fund
Adoption of implementing decisions relating to the European Social Fund (Article 148, ex Article 125):
Education, vocational training and youth
Adoption of incentive measures to contribute to the achievement of the Community’s objectives in the field of education (Article 149(4), first indent, ex Article 126):
Adoption of recommendations to contribute to the achievement of the Community’s objectives in the field of education (Article 149(4), second indent, ex Article 126):
Adoption of measures to contribute to the achievement of the Community’s objectives in the field of vocational training (Article 150, ex Article 127):
Culture
Adoption of incentive measures to contribute to the achievement of the Community’s objectives in the field of culture (Article 151(5), first indent, ex Article 128):
Adoption of recommendations to contribute to the achievement of the Community’s objectives in the field of culture (Article 151(5), second indent, ex Article 128):
Public health
Adoption of measures and incentive measures to contribute to the achievement of the Community’s objectives in the field of public health (including the veterinary and plant health areas) (Article 152(4), ex Article 129):
Adoption of recommendations to contribute to the achievement of the Community’s objectives in the field of public health (Article 152, ex Article 129):
Consumer protection
Adoption of measures which support, supplement and monitor the policy pursued by the Member States (Article 153(4), ex Article 129 A):
Trans-European networks
Adoption of guidelines and measures to achieve the Community’s objectives in the field of trans-European networks (Article 156, ex Article 129 D):
Industry
Adoption of special measures to support action by the Member States to achieve the objectives of the Community and the Member States in the field of industry (Article 157, ex Article 130):
Economic and social cohesion
Specific action proving necessary outside the Funds (Article 159, ex Article 130 B):
Defining the tasks, priority objectives and the organisation of the Structural Funds, as well as the general rules applicable to them and the provisions necessary to ensure their effectiveness and their coordination with one another and with the other existing financial instruments (Article 161, ex Article 130 D):
Implementing decisions relating to the European Regional Development Fund (Article 162, ex Article 130 E):
Research and technological development
Adoption of multiannual framework programme (Article 166(1), ex Article 130 I):
Adoption of specific programmes implementing the multiannual framework programme (Article 166(4), ex Article 130 I):
Negotiation and conclusion of research and technological development agreements with third countries and international organisations (Article 170, ex Article 130 M):
Setting up joint undertakings or any other structure necessary for the efficient execution of Community research, technological development and demonstration programmes (Article 172, first subparagraph, ex Article 130 O):
Decisions on detailed rules implementing the multiannual framework programme and the rules applicable to the supplementary programmes (Article 172, second subparagraph, ex Article 130 O):
Environment
Negotiation and conclusion of agreements between the Community and third countries or international organisations (Article 174, ex Article 130 R):
Action to be taken to achieve the Community’s environmental objectives (Article 175(1), ex Article 130 S):
Adoption, by way of derogation from Article 175(1), of fiscal provisions, measures concerning town and country planning, land use, management of water resources and energy supply. (Article 175(2), first subparagraph, ex Article 130 S):
Definition of matters referred to in Article 175(2), where decisions must be taken by qualified majority (Article 175(2), second subparagraph, ex Article 130 S):
Adoption of general action programmes setting out priority objectives to be attained (Article 175(3), ex Article 130 S):
Implementation of action programmes referred to in Article 175(3) (Article 175(4), ex Article 130 S):
Development cooperation
Measures necessary to further the Community’s development cooperation objectives (such as multiannual programmes) (Article 179, ex Article 130 W):
Negotiation and conclusion of agreements between the Community and third countries or international organisations (Article 181, ex Article 130 Y):
Association of the overseas countries and territories
Establishing provisions on the detailed rules and procedure for the association of the overseas countries and territories of the Community (Article 187, ex Article 136):
Institutional provisions (list not exhaustive)
Establishing a uniform procedure for elections by direct universal suffrage to the European Parliament (Article 190(4), ex Article 138):
Establishing principles and rules governing executive powers conferred by the Council (Article 202, ex Article 145):
Fixing the order in which the Member States are to hold the Presidency of the Council (Article 203, second subparagraph, ex Article 146):
Financial provisions (list not exhaustive)
Laying down provisions relating to the system of own resources of the Community (Article 269, ex Article 201):
Adoption of Community budget (Article 272, ex Article 203):
Adopting the necessary measures in the fields of the prevention of and fight against fraud affecting the financial interests of the Community with a view to affording effective and equivalent protection in the Member States (without prejudice to the application of national criminal law or the national administration of justice.) (Article 280(4), ex Article 209 A):
General and final provisions (list not exhaustive)
Laying down the Staff Regulations of officials of the European Communities and the Conditions of Employment of other servants of those Communities (Article 283, ex Article 212):
Making changes to the list of products connected with the production of or trade in arms, munitions and war material (Article 296, ex Article 223):
Adoption of special measures fixing the conditions for applying the Treaty establishing the European Community to the outermost regions (Article 299(2), ex Article 227):
Adopting the necessary urgent measures where a common position or a joint action adopted according to the provisions of the Treaty on European Union relating to the common foreign and security policy provides for action to interrupt or to reduce economic relations with one or more third countries (Article 301, ex Article 228 A):
These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.
Environment > Water protection and management
Highlight actions to be taken to improve environmental quality in the Danube – Black Sea region and the outline of a strategy aimed at protecting the environment of the region.
Communication from the Commission: Environmental cooperation in the Danube – Black Sea region [COM (2001) 615 final – Not published in the Official Journal].
The Danube and the Black Sea constitute the largest non-oceanic body of water in Europe. With enlargement, many of the Danube countries became members of the European Union (EU) and the Black Sea became a coastal area of the EU. As the environmental situation in the region is extremely critical, a strategy is required to rectify it. If this strategy is to be effective, there has to be cooperation between all the countries of the region.
Cooperation before the communication
The Convention on cooperation and protection and sustainable use of the Danube River and the Convention on the protection of the Black Sea against pollution are the current instruments for environmental cooperation. The communication considers that they should be reinforced and that they should form the basis for environmental cooperation in the region.
The European Community is a party to the Danube Convention and the Commission has observer status regarding the Convention on the Black Sea. The Community’s PHARE and TACIS programmes also support environmental projects in the region. Annex 2.3 to the communication lists EU environmental projects carried out in the region.
Main environmental problems in the region
Eutrophication (over-enrichment of the water with organic matter, especially algae, produced by excessive discharges of nutrients) is one of the main environmental problems in both the Danube and the Black Sea. This phenomenon has adverse effects on the biodiversity of the water, wetlands, the surrounding forests, human health and fisheries. Much of the nutrients (nitrogen and phosphorus) discharged into the water come from agriculture.
Competition for water in the Danube is also a problem, as is over exploitation of surface and groundwater, contamination with hazardous substances and accidental pollution and degradation and loss of wetlands.
Discharge of waste water, oil pollution in the coastal areas and loss of biodiversity including fish stocks are the most serious problems in the Black Sea.
Environmental objectives
The Commission states that the long-term goal is to reduce the levels of nutrients and other hazardous substances in the water in order to allow the ecosystems to recover. The intermediate goal is to implement measures to avoid discharges of nitrogen and phosphorus to the Black Sea (including via the Danube) exceeding 1997 levels.
Other important objectives are mentioned in the communication: protecting and enhancing the status of ecosystems, promoting sustainable water use, reducing pollution of groundwater and mitigating the effects of floods and droughts. The importance of applying the principles of integrated coastal zone management is also underlined.
Actions to achieve the environmental objectives
There are three type of action envisaged in the communication:
These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.
Information society > Digital Strategy i2010 Strategy eEurope Action Plan Digital Strategy Programmes
The Digital Agenda is part of the Europe 2020 strategy. It is aimed at better developing the potential of information and communication technologies (ICTs) in order to promote innovation, economic growth and progress. It follows the i2010, eEurope 2005, eEurope 2002 and eEurope initiatives.
Digital Strategy
i2010 Strategy and eEurope Action plans
i2010
eEurope 2005
eEurope 2002
eEurope
Programmes
These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.
Council Directive 91/440/EEC of 29 July 1991 on the development of the Community’s railways [See amending act(s)].
The directive applies to the management of railway infrastructure and to the rail transport activities of the railway undertakings established or to be established in the Community, with the exception of railway undertakings whose activity is limited to the provision of solely urban, suburban or regional services.
Management independence
European Union (EU) countries must take the appropriate measures to ensure that railway undertakings are independent with regards management, administration and internal control over administrative, economic and accounting matters, thereby holding assets, budgets and accounts separate from those belonging to the State.
EU countries must also take the necessary action to enable railway undertakings to adapt their activities to the market and allow their own management bodies to be responsible for the management of their activities, thereby efficiently providing the required quality of service at the lowest possible cost.
Separation between infrastructure management and transport operations
EU countries must ensure the separation of infrastructure management and transport operations by keeping separate profit and loss accounts and balance sheets and publishing them individually for business relating to the provision of transport services by railways undertakings and for business relating to the management of railway infrastructure. Public funds must also reflect this separation and those paid to one activity must not be transferred to the other.
Individual EU countries will be responsible for the development of their national railway infrastructure but they must bear in mind, where necessary, the general needs of the Community.
Access to railway infrastructure
The railway undertakings concerned by this directive will be accorded access to the infrastructure in all other EU countries for the operation of all rail freight services and international passenger services.
Monitoring tasks of the Commission
The Commission will monitor the technical and economic conditions and market developments of the European rail transport, working closely with representatives both from EU countries and from the relevant sectors to better assess the efficiency and impact of the adopted measures.
| Act | Entry into force | Deadline for transposition in the Member States | Official Journal |
|---|---|---|---|
| Directive 91/440/EEC |
13.9.1991 |
30.12.1992 |
OJ L 237 of 24.8.1991 |
| Amending act(s) | Entry into force | Deadline for transposition in the Member States | Official Journal |
|---|---|---|---|
| Directive 2001/12/EC |
15.3.2001 |
15.3.2003 |
OJ L 75 of 15.3.2001 |
| Directive 2004/51/EC |
30.4.2004 |
31.12.2005 |
OJ L 164 of 30.4.2004 |
| Directive 2006/103/EC |
1.1.2007 |
1.1.2007 |
OJ L 363 of 20.12.2006 |
| Directive 2007/58/EC |
4.12.2007 |
4.6.2009 |
OJ L 315 of 3.12.2007 |
Successive amendments and corrections to Directive 91/440/EEC have been incorporated into the basic text. This consolidated versionis for reference only.
Commission Communication of 17 September 2010 concerning the development of a Single European Railway Area [COM (2010) 474 final – Not published in the Official Journal].
Regulation (EC) No 1370/2007 of the European Parliament and of the Council of 23 October 2007 on public passenger transport services by rail and by road and repealing Council Regulations (EEC) No 1191/69 and 1107/70 [Official Journal L 315 of 3.12.2007].
Directive 2001/14/EC on the allocation of railway infrastructure capacity and the levying of charges for the use of railway infrastructure and safety certification [Official Journal L 75 of 15.3.2001].
Council Directive 95/18/EC of 19 June 1995 on the licensing of railway undertakings [Official Journal L 143 of 27.06.1995].
These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.
Internal market > Businesses in the internal market > Public procurement
Commission interpretative communication of 7 December 2006 on the application of Article 296 of the Treaty in the field of defence procurement [COM(2006) 779 final – Not published in the Official Journal].
Internal market rules do not apply to defence acquisitions for trade in arms, munitions and war material; the legal basis for this exemption is Article 296. The scope of this exemption is, however, limited by the concept of “essential security interests” and by the list of military equipment mentioned in Article 296(2).
Any exemption authorised by Article 296 goes to the very heart of the fundamental principles and objectives of the internal market. Such exceptions should therefore be strictly confined to cases where Member States have no other choice than to protect their security interests nationally.
The list of military equipment mentioned in Article 296 was adapted in 1958 by Council Decision 255 / 58. The nature of the products on the 1958 list and the explicit reference in Article 296 to “specifically military purposes” confirm that only the procurement of equipment which is designed, developed and produced for specifically military purposes can be exempted from Community rules (Article 296(1)(b) EC).
Nevertheless, Article 296 can also cover the procurement of dual-use equipment for both military and non-military purposes, but only if the application of Community rules would oblige a Member State to disclose information prejudicial to its essential security interests (Article 296(1)(a)).
Military items included in the 1958 list are not automatically exempted from internal market rules. Any Member State seeking exemption under Article 296 must demonstrate that the exemption in question is necessary for the protection of its essential security interests, this being the only objective which may justify such an exemption. General references to the country’s geographical and political situation, history and alliance commitments are not sufficient.
The concept of essential security interests gives Member States flexibility in the choice of measures to protect those interests. It is essential for contracting authorities to assess each procurement contract with great care.
As guardian of the Treaty, the Commission may verify – with due regard to the sensitive nature of the defence sector – whether the conditions for exempting procurement contracts on the basis of Article 296 are fulfilled.
The Commission may also bring the matter directly before the Court of Justice if it considers that a Member State is making improper use of the powers provided for in Article 296.
Background
The majority of defence contracts are exempted from internal market rules and awarded on the basis of widely differing national procurement rules. With a view to the establishment of a European defence equipment market, the 2004 Green Paper on Defence Procurement (link) launches a debate on how to improve transparency and openness of defence markets between EU Member States. In December 2005 the Commission announced two separate initiatives (link to COM(2005) 626 final): the adoption of an “Interpretative Communication on the application of Article 296 EC” (analysed above) and the preparation of a possible new directive on the procurement of defence equipment to which Article 296 exemptions do not apply.
This summary is for information only. It is not designed to interpret or replace the reference document, which remains the only binding legal text.
These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.
Internal market > Businesses in the internal market > Public procurement
This Green Paper develops the debate on the case for Community action to establish a European market for defence equipment. It presents the main characteristics of defence procurement markets (their fragmentation, specific features, and limits to their legal framework) to justify Community action in this field. It then puts forward some ideas which could be considered when defining actions at European level.
Commission Green Paper of 23 September 2004 on defence procurement [COM(2004) 608 final- Not published in the Official Journal]
This Green Paper is one of the measures announced by the Commission with a view to the gradual creation of a competitive European defence equipment market (EDEM). It opens an official consultation process lasting four months from 23 September 2004 onwards.
The Green Paper emphasises three characteristics of these markets:
The particular characteristics of defence markets are not only economic and technological, but are also related to the security and defence policies of each Member State. As sole clients, States play a dominant role in defining the market. They control the arms trade by means of export licences and the granting of authorisations to tender for contracts. In addition, security of supply and confidentiality requirements in the defence sector often lead to the use of purely national procedures. Finally, arms development programmes are complex due, in particular, to their limited production volumes, high risk of commercial failure, and the length of their life cycles.
As for the applicable legal framework, Directive 2004/18/EC specifies that Community rules on public procurement apply to contracts awarded in the field of defence, subject to the exemption system laid down in Article 296 of the Treaty establishing the European Communities (EC Treaty). This system allows Member States to invoke the essential interests of their security. The case law of the Court of Justice of the European Communities has developed a restrictive interpretation of the possibility of using this derogation. However, several difficulties of implementation do remain, due mainly to the absence of a precise interpretation of these provisions and a definition of the concept of essential interests of security.
Defence procurement is still, therefore, largely covered by national legislation, most of which provides for exemptions to the rules governing public procurement, with differing degrees of transparency. This legislation displays a lack of uniformity in a number of areas: the publication of contract notices, the potential for non-publication, the criteria for selecting suppliers, the tendering procedures and the basis on which contracts are awarded.
In addition to these national systems, there are the rules arising from intergovernmental agreements relating to joint arms programmes. Since, however, these agreements have not achieved satisfactory results, the recently-created European Defence Agency should, under the authority of the Council and in consultation with the Commission, help set up a competitive European defence market.
The Green Paper identifies two possible instruments to overcome these obstacles which limit the access of European industries to Member States’ defence markets:
Whilst these instruments cannot provide exhaustive answers to all the specific aspects of defence markets, they would nonetheless constitute a useful tool for successful cooperation between Member States.
Interpretative Communication from the Commission of 7 December 2006 on the application of Article 296 of the Treaty in the field of defence procurement [COM(2006) 779 final – Not published in the Official Journal].
Communication from the Commission to the Council and the European Parliament on the results of the consultation launched by the Green Paper on Defence Procurement and on the future Commission initiatives [COM(2005) 626 final – Not published in the Official Journal]
Communication from the Commission of 11 March 2003. “European defence – Industrial and market issues – Towards an EU Defence Equipment Policy” [COM(2003) 113 final – Official Journal C76 of 25.03.2003]
This communication presents proposals for action in various areas of the European Union defence equipment policy.
These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.
Internal market > Pharmaceutical and cosmetic products
To comply with the conclusions reached by the WTO in the Uruguay Round.
Regulation (EC) n° 467/97 of the Council, 3 mars 1997, provides for duty free treatment for specified pharmaceutical active ingredients bearing an “international nonproprietary name” (INN) from the World Health Organization and specified products used for the manufacture of finished pharmaceuticals and withdrawing duty free treatment as pharmaceutical products from certain INNs whose predominant use is not pharmaceutical.
The objective of this proposal is to accord duty free treatment, with effect from 1 January 1997, to:
With effect from 1 January 1997, the products listed in Annex IV to the proposal will no longer benefit from duty free treatment.
14.03.1997
Official Journal L 71 of 13.03.1997