Category Archives: E

Employment and Social Policy

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Employment and Social Policy

Outline of the Community (European Union) legislation about Employment and social policy

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These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Employment and social policy

Employment and social policy

European society is changing, influenced by different factors such as technological progress, the globalisation of trade and an ageing population. European employment, social affairs and equal opportunities policies contribute to improving people’s living conditions with a view to sustainable growth and greater social cohesion. The European Union (EU) plays the role of a trigger in social change. It has introduced a protective legal framework for European citizens. It fosters the cooperation of Member States, the coordination and harmonisation of national policies, and the participation of local authorities, unions, employers’ organisations and other stakeholders involved.

The priority aims of this policy are to increase employment and worker mobility, to improve the quality of jobs and, working conditions, to inform and consult workers, to combat poverty and social exclusion, to promote equality between men and women, and to modernise social protection systems.

Employment and social policy Contents

  • European Strategy for Growth: Europe 2020 Strategy, Intelligent growth, Sustainable growth, Inclusive growth
  • Priorities and objectives: the social agenda:Social agenda
  • Community employment policies: Partnership for growth and employment, Legal instruments for Community employment policies, Skills and mobility, Quality of employment
  • Social and employment situation in europe: Reports, Statistics
  • Job creation measures: General job creation measures, Promoting employment at a local level, Sectoral job creation promotion
  • Employment rights and work organisation: Protection of employee’s rights, Organisation of working time, Corporate social responsibility
  • Social dialogue and employee participation: Cross-industry social dialogue, Sectoral social dialogue, Information, consultation and participation of employees
  • Health, hygiene and safety at work: Equipment, signs and loads, Protection of specific groups of workers, The workplace, Chemical, physical and biological agents
  • Social protection: Coordination of social security regimes, Supplementary pension schemes, Modernising social protection
  • Equality between men and women: Gender mainstreaming, Female employment and entrepreneurship, Combating sexual harassment and violence against women
  • Social measures for target groups: disability and old age: Equal opportunities, Rights and dignity of handicapped persons, Pensions and healthcare for the elderly, Demographic changes
  • Social inclusion and the fight against poverty: Combating social exclusion, Social protection and the fight against poverty
  • Anti-discrimination and relations with civil society: Combating discrimination, Fundemental social rights, Relations with civil society
  • Employment and social policy: international dimension and enlargement: Social development, Measures aimed at target groups, Enlargement

Enterprise

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Enterprise

Outline of the Community (European Union) legislation about Enterprise

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These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Enterprise

Enterprise

The prosperity of Europe is built on that of its businesses. Businesses are a key element in growth and employment, and the relaunch of the Lisbon strategy in 2005 made enterprise and industry policy one of the priorities in Europe.
Under Article 173 of the Treaty on the Functioning of the European Union, the European Union (EU) has set itself the goal of creating the best possible conditions for competitiveness.

Maintaining competitiveness is a constant challenge. This is why the EU aims to encourage an environment favourable to initiative, to the development of businesses, to industrial cooperation and to improving the exploitation of the industrial potential of innovation, research and technological development policies. These policies are of vital importance in the context of global competition.

Enterprise Contents

  • Business environment: Small and medium-sized enterprises, Entrepreneurship, Financing, Multiannual programme for enterprises and entrepreneurship, Competitiveness and innovation framework programme, Corporate social responsibility
  • Industry: Industrial policy, Competitiveness, Automobile industry, Chemical industry, Pharmaceutical industry, Textile industry, Tourism
  • Interaction between enterprise policy and other policies: Research and innovation, The environment, Trade, Company law, Taxation
  • International dimension and enlargement: Enlargement, Candidate countries

See also

Overviews of European Union: Entreprise.
Further information on the website of the Enterprise and Industry Directorate-General of the European Commission and the Your Europe – Business website.

Exemptions from consultations on passenger tariffs and slot allocation at airports

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Exemptions from consultations on passenger tariffs and slot allocation at airports

Outline of the Community (European Union) legislation about Exemptions from consultations on passenger tariffs and slot allocation at airports

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Competition > Rules applicable to specific sectors > Competition in transport

Exemptions from consultations on passenger tariffs and slot allocation at airports

1) Objective

To exempt, subject to certain conditions, consultations on passenger tariffs and slot allocation at airports from the competition rules.

2) Document or Iniciative

Commission Regulation (EEC) No 1617/93 of 25 June 1993 on the application of Article 85(3) of the Treaty to certain categories of agreements and concerted practices concerning joint planning and coordination of schedules, joint operations, consultations on passenger and cargo tariffs on scheduled air services and slot allocation at airports [Official Journal L 155 of 26.06.1993].

Amended by the following measures:

Commission Regulation (EC) No 1105/2002 of 25 June 2002 amending Regulation (EEC) No 1617/93 as regards consultations on passenger tariffs and slot allocation at airports [Official Journal L 167 of 26.06.2002];
Commission Regulation (EC) No 1083/1999 of 26 May 1999 amending Regulation (EEC) No 1617/93 on the application of Article 85(3) of the Treaty to certain categories of agreements and concerted practices concerning joint planning and coordination of schedules, joint operations, consultations on passenger and cargo tariffs on scheduled air services and slot allocation at airports [Official Journal L 131 of 27.05.1999];
Commission Regulation (EC) No 1523/96 of 24 July 1996 amending Regulation (EEC) No 1617/93 on the application of Article 85(3) of the Treaty to certain categories of agreements and concerted practices concerning joint planning and coordination of schedules, joint operations, consultations on passenger and cargo tariffs on scheduled air services and slot allocation at airports [Official Journal L 190 of 31.07.1996].

3) Summary

Background

Under Regulation No 3976/87, which authorises the Commission to grant block exemptions to certain categories of agreements and concerted practices which relate directly or indirectly to the provision of air transport services, this Regulation is designed to exempt consultations on passenger tariffs and slot allocation at airports from Article 81(1) of the EC Treaty. The Commission may withdraw the benefit of the block exemption.

Scope

In 1993 the scope of this Regulation was broad enough to include agreements and concerted practices concerning joint planning and coordination of schedules, joint operations, consultations on tariffs and slot allocation at airports which could restrict competition and affect trade between Member States. Numerous successive amendments significantly reduced the scope of this Regulation. It is now limited to consultations on passenger tariffs and slot allocation at airports.

Conditions governing application

The exemption concerning the organisation of consultations on passenger tariffs applies on condition that:

  • participants discuss passenger tariffs only;
  • for each tariff category and for the seasons covered by consultations, passengers are able to combine the service with services on the same route on the same ticket and, in so far as circumstances allow, to replace or change reservations;
  • passenger tariffs are applied on a non-discriminatory basis;
  • participation in consultations is optional and open to all air carriers;
  • consultations are not binding on participants, which means that participants must maintain, after consultations have ended, the right to act independently on passenger tariffs;
  • consultations do not give rise to an agreement on staff pay or other aspects of tariffs covered by the discussion;
  • where tariffs have to be notified, each participant informs the competent authorities of the Member States concerned, on an individual basis, of any tariff not covered by the consultations.

The exemption concerning slot allocation and scheduling applies on condition that:

  • consultations are open to all air carriers;
  • priority rules are drawn up and applied without any discrimination;
  • the priority rules are made available to any interested party on request;
  • new arrivals are entitled to 50% of new or unused slots;
  • by the time of these consultations at the latest, the participating carriers have access to the information.

Air carriers must notify the Member States concerned and the Commission of the date, place and subject of these consultations at least ten days in advance so that observers from the Commission and the Member States can take part in them. Air carriers are required to submit a report on the consultations.

Other provisions

To help the Commission decide whether the block exemption should be extended beyond 30 June 2005, this Regulation requires air carriers participating in conferences to collect certain data on the relative use of the passenger tariffs set in the conferences.

Act Date
of entry into force		 Final date for implementation in the Member States
Regulation (EEC) No 1617/93 01.07.1993 –
Regulation (EC) No 1523/96 20.08.1996 –
Regulation (EC) No 1083/1999 27.05.1999 –
Regulation (EC) No 1105/2002 29.06.2002 –

4) Implementing Measures

5) Follow-Up Work

This summary is for information only. It is not designed to interpret or replace the reference document, which remains the only binding legal text.

Exemption for certain agreements between liner shipping companies

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Exemption for certain agreements between liner shipping companies

Outline of the Community (European Union) legislation about Exemption for certain agreements between liner shipping companies

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These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Competition > Rules applicable to specific sectors > Competition in transport

Exemption for certain agreements between liner shipping companies (“consortia”)

Document or Iniciative

Commission Regulation (EC) No 906/2009 of 28 September 2009 on the application of Article 81(3) of the Treaty to certain categories of agreements, decisions and concerted practices between liner shipping companies (consortia).

Summary

This regulation applies to consortia * providing international liner shipping * services from or to one or more ports within the European Union (EU).

Exempted agreements

In accordance with Article 101(3) of the Treaty on the Functioning of the European Union (TFEU) (formerly Article 81(3) of the Treaty establishing the European Community (TEC)), Article 101(1) TFEU (formerly Article 81(1) TEC) is not applicable to the following activities of a consortium:

  • the joint operation of liner shipping services;
  • capacity adjustments in response to supply and demand fluctuations;
  • the joint operation or use of port terminals;
  • any other activity ancillary to those listed above, which is necessary for their implementation, such as:
    1. the use of a computerised data exchange system;
    2. an obligation on members of a consortium to limit use in the relevant market or markets to vessels allocated to the consortium;
    3. an obligation on members of a consortium not to assign or charter space to other vessel-operating carriers in the relevant market or markets except with the prior consent of the other members of the consortium.

Hardcore restrictions

The exemption above does not apply to a consortium that, directly or indirectly, alone or together with other factors under the control of the parties, has the object to:

  • fix prices when selling liner shipping services to third parties outside the consortium;
  • limit the capacity or sales except for the previously mentioned exempted capacity adjustments;
  • allocate markets or customers.

Conditions for exemption

To qualify for the exemption, the combined market share of the consortium members in the relevant market in which the consortium operates must not exceed 30 %, calculated by reference to the total volume of goods carried by the members within or outside the consortium. 5. To qualify for the exemption, members of the consortium must have the right to withdraw, subject to a maximum period of notice of six months, without any penalty, financial or otherwise. In the case of a highly integrated consortium, the maximum period of notice can be extended to 12 months.

Background

This regulation builds on Regulation (EC) No 823/2000 which expired on 25 April 2010. Although the justifications for a block exemption for liner consortia are still valid, Regulation 906/2009 ensures a greater convergence with other existing block exemption regulations for horizontal cooperation whilst taking into account current market practices in the liner industry.

Key terms used in the act
  • Consortium: an agreement or a set of interrelated agreements between two or more vessel-operating carriers which provide joint international liner shipping services exclusively for the carriage of cargo relating to one or more trades.
  • Liner shipping: the transport of goods on a regular basis on a particular route or routes between ports and in accordance with timetables and sailing dates advertised in advance and available, even on an occasional basis, to any transport user against payment.

References

Act Entry into force – Date of expiry Deadline for transposition in the Member States Official Journal
Regulation (EC) No 906/2009

26.4.2010 – 25.4.2015

–

OJ L 256 of 29.9.2009

Exemption of certain air transport agreements from EU competition rules

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Exemption of certain air transport agreements from EU competition rules

Outline of the Community (European Union) legislation about Exemption of certain air transport agreements from EU competition rules

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Competition > Rules applicable to specific sectors > Competition in transport

Exemption of certain air transport agreements from EU competition rules

Document or Iniciative

Council Regulation (EC) No 487/2009 of 25 May 2009 on the application of Article 81(3) of the Treaty to certain categories of agreements and concerted practices in the air transport sector.

Summary

In accordance with Article 101(3) of the Treaty on the Functioning of the European Union (TFEU) (ex-Article 81(3) of the Treaty Establishing the European Community (TEC)), the Commission may adopt a regulation declaring that certain agreements, decisions and concerted practices are exempt from the prohibition in Article 101(1) TFEU (ex-Article 81(1) TEC).

The Commission may, in particular, adopt such a block exemption regulation in relation to agreements, decisions or concerted practices which concern any of the following:

  • joint planning and coordination of airline schedules;
  • consultations on tariffs for the carriage of passengers and baggage and of freight on scheduled air services;
  • joint operations on new less busy scheduled air services;
  • slot allocation at airports and airport scheduling;
  • common purchase, development and operation of computer reservation systems relating to timetabling, reservations and ticketing by air transport undertakings.

Where circumstances have changed concerning any of the factors which prompted its adoption, it may be repealed or amended. In this case there shall be a transitional period for amendment of the agreements and concerted practices to which the earlier regulation applied before repeal or amendment.

Any such block exemption regulation is adopted for a specified period and will apply retroactively to agreements, decisions and concerted practices which were in existence on the date that the regulation entered into force.

Before adopting such a block exemption regulation, the Commission must publish a draft of the proposed regulation and invite all persons and organisations concerned to submit their comments within a reasonable deadline. The Commission must consult the Advisory Committee on Restrictive Practices and Dominant Positions in accordance with Regulation (EC) No 1/2003, once before publishing a draft regulation, and again after the public consultation before adopting the regulation.

This regulation repeals Regulation (EEC) No 3976/87.

References

Act Entry into force Deadline for transposition in the Member States Official Journal
Regulation (EC) No 487/2009

1.7.2009

–

OJ L 148 of 11.6.2009

European cinema: opportunities and challenges in the digital era

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European cinema: opportunities and challenges in the digital era

Outline of the Community (European Union) legislation about European cinema: opportunities and challenges in the digital era

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Audiovisual and media

European cinema: opportunities and challenges in the digital era

Document or Iniciative

Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions of 24 September 2010 on opportunities and challenges for European cinema in the digital era [COM(2010) 487 final – Not published in the Official Journal].

Summary

This Communication sets out the strategy developed by the European Commission to help European cinema owners in the transition to digital cinema.

Obstacles to developing digital cinema

The European cinema market is very mixed. It includes different language zones and many different operators. This diversity can make it more difficult for global deals or national roll-outs to be implemented.

Another obstacle lies in the limited levels of activity in many European cinemas. 31% of European screens are in single-screen cinemas while only 10% of European cinemas are multiplexes. In view of the higher costs of digital equipment, this situation makes the digitisation process harder.

Investment in digital equipment has to be borne by exhibitors, but savings will be made by distributors thanks to the lower cost of digital copies. Investment in very expensive digital equipment may prove to be economically unviable for a number of cinemas, particularly independent or arthouse cinemas.

Finally, a consequence of digitisation will be staff redundancy for projectionists and laboratory technicians. In order to limit the social consequences of the cinema digitisation process, the transition period needs to be carefully managed and significant funding should be allocated for training professionals.

Standardisation and equipment needed for digital transition

The International Organization for Standardisation (IOS) is considering standardising the equipment needed for digital transition based on the model developed by the Digital Cinema Initiative (DCI). This model is based on (among others) “2k” resolution (a resolution of 2048×1080) or “4k” (a resolution of 4096×2160 for screens over 15 metres), and the introduction of the JPEG 2000 format using digital technologies such as HDTV Broadcast, Blu-Ray and video-on-demand. However, 2k equipment is very expensive and European cinemas will not reap short-term benefits from it, except perhaps those that screen 3D films.

Over 80% of European screens are less than 10 metres wide. For this type of screen, it is possible to use projectors with a lower resolution as the quality is more than sufficient and they are less expensive than 2k equipment. However, studios would need to agree to this type of technology being used to screen their films.

The EU shall seize the opportunities offered by the standardisation process in order to obtain the flexibility needed to enable all viable cinemas in Europe to use digital projection.

Possible financing models

Distributors can sign agreements with “integrators” who finance the acquisition of digital cinema equipment on behalf of exhibitors. These intermediaries then collect the distributors’ contribution to repay part of the investment made. However, this VPF (Virtual Print Fee) model may prove to be unsuitable for smaller and arthouse cinemas, and may have an impact on the programming freedom of exhibitors.

Member States or regions may also co-finance cinema digitisation projects using the EU’s Structural Funds through projects linked with urban regeneration, rural diversification, cultural tourism or the information society and human capital, in particular.

Furthermore, arthouse or smaller cinemas could group together and “mutualise” their costs in order to access private investment or European funds, subject to compliance with European competition rules. In addition, they may benefit from State aid for culture and heritage conservation.

Possible intervention at EU level

EU intervention accompanying digital transition will be carried out in accordance with:

  • Article 167 of the TFEU;
  • the UNESCO Convention on the Protection and Promotion of the Diversity of Cultural Expressions;

and will take account of the funds available from:

  • the MEDIA Programme;
  • the European Investment Bank (EIB).

The MEDIA Programme is a useful tool in that it:

  • provides a training scheme for professionals;
  • sets digital technology objectives in the field of distribution and dissemination;
  • offers the possibility to create a new action specifically aimed at the digital transition of European cinemas.

Action envisaged by the European Commission between now and 2012 to accompany the transition to digital cinema projection for European cinemas includes:

  • a report on the adoption of digital cinema projection standards;
  • a study on the costs of digital equipment;
  • a Recommendation on promoting digitisation of European cinema;
  • a Communication on appropriate criteria for assessing State aid for digital projection.

European system of national and regional accounts in the Community

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European system of national and regional accounts in the Community

Outline of the Community (European Union) legislation about European system of national and regional accounts in the Community

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Budget

European system of national and regional accounts in the Community

Document or Iniciative

Council Regulation (EC) No 2223/96 of 25 June 1996 on the European system of national and regional accounts in the Community [See amending acts].

Summary

The European system of national and regional accounts (“ESA 1995”) makes it possible to describe the total economy of a region, country or group of countries, its components and its relations with other total economies.

The ESA is focused on the circumstances and needs of the EU. It can therefore serve as the central framework of reference for the social and economic statistics of the European Union and its Member States.

Content of the ESA

The ESA 1995 comprises two sets of tables:

  • the sector accounts *;
  • the input-output framework * and the accounts by industry *.

The purpose of this Regulation is to set up the ESA 1995 by providing for:

  • a methodology on common standards, definitions, classifications and accounting rules, that is intended to be used for compiling accounts and tables on comparable bases between the Member States for the purposes of the Community;
  • a programme, Eurostat, for transmitting on precise dates the accounts and tables compiled according to the ESA 1995.

Use

The Commission uses the national accounts aggregates for Community administrative and budgetary calculations. The ESA applies to all Community acts in which reference is made to it or to the definitions it lays down.

Key terms used in the act
  • Sector accounts: these provide, by institutional sector, a systematic description of the different stages of the economic process: production, generation of income, distribution of income, redistribution of income and use of income, as well as financial and non-financial accumulation; they also include balance sheets to describe the stocks of assets, liabilities and net worth at the beginning and at the end of the accounting period.
  • Input-output framework and accounts by industry: these describe in more detail the production process (cost structure, income generated and employment) and the flows of goods and services (output, imports, exports, intermediate consumption and capital formation by product group).

References

Act Entry into force Deadline for transposition in the Member States Official Journal
Regulation (EC) No 2223/96 20.12.1996 – OJ L 310 of 30.11.1996
Amending act(s) Entry into force Deadline for transposition in the Member States Official Journal
Regulation (EC) No 2516/2000 7.12.2000 – OJ L 290 of 17.11.2000
Regulation (EC) No 359/2002 20.3.2002 – OJ L 58 of 28.2.2002
Regulation (EC) No 1392/2007

30.12.2007

–

OJ L 324 of 10.12.2007
Regulation (EC) No 400/2009

10.06.2009

–

OJ L 126 of 21.5.2009
Regulation (EC) No 715/2010

31.08.2010

–

OJ L 210 of 11.8.2010

Subsequent amendments and corrections to Regulation 2223/96 have been incorporated in the basic text. This consolidated version  is for reference purpose only.

Related Acts

Council Regulation (EC, Euratom) No 1150/2000 of 22 May 2000 implementing Decision 94/728/EC, Euratom on the system of Community own resources [Official Journal L 130 of 31.5.2000].
See consolidated version

Council Regulation (EC) No 479/2009 of 25 May 2009 on the application of the Protocol on the excessive deficit procedure annexed to the Treaty establishing the European Community [Official Journal L 145 of 10.6.2009].
See consolidated version

Council Regulation (EEC, Euratom) No 1553/89 of 29 May 1989 on the definitive uniform arrangements for the collection of own resources accruing from value added tax [Official Journal L 155 of 7.6.1989].
See consolidated version

Council Directive 89/130/EEC, Euratom of 13 February 1989 on the harmonisation of the compilation of gross national product at market prices [Official Journal L 49 of 21.2.1989].
See consolidated version consolidated version

Enhancing the Asia strategy

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Enhancing the Asia strategy

Outline of the Community (European Union) legislation about Enhancing the Asia strategy

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These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

External relations > Relations with third countries > Asia

Enhancing the Asia strategy

Document or Iniciative

Communication from the Commission to the Council of 4 September 2001. Europe and Asia: A Strategic Framework for Enhanced Partnerships [COM(2001)469 – Not published in the Official Journal].

Summary

Taking account of the developments that have taken place since its 1994 Communication entitled ‘Towards a New Asia Strategy’, the Commission updates the mechanism established by the 1994 strategy. It sets outs a comprehensive strategic framework for relations between Asia, its regions and the European Union (EU) in the coming decade, while recognising the diversity of Asia through different forms of partnership. The Commission aims to strengthen the EU’s political and economic presence in Asia, raising it to a level commensurate with the growing global weight of the enlarged Union.

The new strategy therefore focuses on six key points:

  • strengthening the EU’s engagement with Asia in the political and security fields;
  • further strengthening mutual trade and investment flows with the region;
  • demonstrating the EU’s effectiveness as a partner in reducing poverty in Asia;
  • promoting respect for human rights, democracy, good governance and the rule of law;
  • building global alliances with key Asian partners (to address global challenges and within international organisations);
  • strengthening mutual awareness between the EU and Asia.

The Communication identifies concrete proposals aimed at strengthening EU-Asia relations in these key areas and launching actions on a broader regional scale.

As regards peace and security, the EU must play an active role in regional fora, promote conflict prevention through the sharing of experiences and strengthen EU-Asia dialogue on justice and home affairs, an area that includes, in particular, the right to asylum, immigration and arms trafficking.

Mutual trade and investment flows must benefit from better market access and investment conditions on both sides. Efforts must be made to encourage contacts between the private sector (especially small and medium-sized enterprises (SMEs)) and in particular the high technology sector, strengthen dialogue on economic and financial policy, and enhance market access for the poorest developing countries.

In order to reduce poverty, the Commission will give priority in its cooperation programmes to key issues such as education and health, economic and social governance, and the link between environment and poverty. Enhanced dialogue on social policy issues would make it possible to exchange experiences on the most appropriate method of addressing the challenges of globalisation and modernisation.

Promoting civil society and a dialogue between Asia and Europe must encourage democracy, good governance and the rule of law. As regards human rights, constructive exchanges, such as the dialogue with China on human rights, should pave the way for better cooperation.

It is also important to conclude partnerships and build alliances in addressing global issues such as the reform of the United Nations, the World Trade Organisation, the environment and other challenges, for example international crime, terrorism and the spread of AIDS.

The opening of new delegations is one of the instruments that promotes better mutual knowledge between Europe and Asia. Support should also be provided for university, cultural and scientific exchanges and for civil society contacts between the regions.

The Communication also sets out specific measures to target the EU’s initiatives concerning the different component parts of Asia (South Asia, South-East Asia, North-East Asia and Australasia, which is included for the first time in the EU-Asia strategic framework). These measures aim first and foremost to improve relations with certain countries in the region and cover bilateral issues with each country, while providing a framework for the overall relations between Europe and Asia. The Commission favours a pragmatic approach, based on a specific analysis of its relations with each country or group of countries.

At an institutional level, the EU’s relations with Asia have developed considerably in recent years. The first bilateral summit was held in 1991 with Japan. Similar summits have been organised recently with India and China as well as with East Asia as a whole under the ASEM process (Asia-Europe Meeting). At ministerial level, the EU’s dialogue with the Association of South-East Asian Nations (ASEAN) on the one hand, and with Australia and New Zealand on the other, continues to make progress.

EEC-China Trade and Economic Cooperation Agreement

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EEC-China Trade and Economic Cooperation Agreement

Outline of the Community (European Union) legislation about EEC-China Trade and Economic Cooperation Agreement

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

External relations > Relations with third countries > Asia

EEC-China Trade and Economic Cooperation Agreement

Document or Iniciative

Council Regulation (EEC) No 2616/85 of 16 September 1985 concerning the conclusion of a Trade and Economic Cooperation Agreement between the European Economic Community and the People’s Republic of China.

Trade and Economic Cooperation Agreement between the European Economic Community and the People’s Republic of China.

Summary

This Agreement replaces the trade agreement concluded between the European Economic Community (EEC) and the People’s Republic of China on 3 April 1978. It aims to introduce a new stage, to promote and intensify trade and to encourage the steady expansion of economic cooperation in the mutual interest of both parties.

Trade cooperation

Both parties confirm their determination to encourage trade, improve its structure in order to diversify it, and take the necessary measures to facilitate it.

They grant each other most-favoured nation treatment in all matters regarding:

  • customs duties and charges of all kinds (including the procedures for the collection of such duties or charges) applied to the import, export, re-export, or transit of products;
  • regulations, procedures and formalities concerning customs clearance, transit, warehousing and transhipment of products imported or exported;
  • taxes and other internal charges levied directly or indirectly on products or services imported or exported;
  • administrative formalities for the issue of import or export licences.

There are, however, exceptions. This treatment is not applied to:

  • advantages accorded by the EEC or China to:

– states with which they share membership of a customs union or free trade area;

– neighbouring countries for the purpose of facilitating border trade;

  • measures which the EEC or China may take in order to meet their obligations under international commodity agreements.

The Agreement also aims to achieve a balance in trade; it therefore provides for any obvious imbalance to be examined by the Joint Committee with a view to recommendations.

China must give favourable consideration to EEC imports. The EEC, for its part, will gradually move towards greater liberalisation for imports from China. It will endeavour to expand the list of products that may be freely imported and increase the amount of quotas.

Provision is made for information to be exchanged before either party takes any action. In exceptional cases where rapid action is required, the two parties must hold friendly consultations as soon as possible before acting. Both parties are to ensure that in any event their actions do not prejudice the general objectives of the Agreement.

Trade in goods and the provision of services is to be effected at market-related prices and rates. Payments for the transactions may be made in any convertible currency accepted by the two parties concerned by the transactions.

Economic cooperation

In order to promote the development of their industry and agriculture, diversify their economic links, encourage scientific and technological progress, open up new sources of supply and new markets, help to develop their economies and raise their respective standards of living, the two parties agree to develop economic cooperation in:

  • industry and mining;
  • agriculture, including agro-industry;
  • science and technology;
  • energy;
  • transport and communication;
  • the protection of the environment;
  • cooperation in third countries.

The EEC and China will also encourage industrial and technical cooperation through, for instance, joint production, joint ventures, common exploitation, the transfer of technology, contacts and activities to promote exchanges between the business communities, seminars, cooperation between financial institutions, consultancy services, technical assistance and continuous exchange of information.

The parties also undertake to encourage investment, in particular by creating a favourable climate by providing investment promotion and protection arrangements.

The EEC states that it is prepared to continue its development activities in China in the context of development aid. The Member States are, for their part, entirely free to engage in bilateral activities in the field of economic cooperation and to conclude new economic cooperation agreements with China where appropriate.

Joint Committee

The Agreement establishes a Joint Committee made up of representatives of the contracting parties. It meets once a year, in Brussels and Beijing alternately, and is chaired by each party in turn. Extraordinary meetings may be convened and working parties set up. The Joint Committee’s tasks are:

  • to monitor and examine the functioning of the Agreement;
  • to examine any questions that may arise in the implementation of the Agreement;
  • to examine issues that might hinder cooperation;
  • to examine new means and possibilities of developing trade and economic cooperation;
  • to make recommendations for achieving the objectives of the Agreement.

The Agreement was concluded for an initial period of five years and is renewed automatically every year provided neither of the contracting parties gives written notice of termination six months before its expiry. The Agreement is still in force in 2004.

References

Act Entry into force Deadline for transposition in the Member States Official Journal
Council Regulation (EEC) No 2616/85 and Trade and Economic Cooperation Agreement between the European Economic Community and the People’s Republic of China. 22.09.1985 – OJ L 250 of 19.9.1985

Related Acts

In 1994 and 2002 the Agreement was supplemented by exchanges of letters establishing broader political dialogue between the EU and China.

In 2003 the Commission adopted a policy paper on “A maturing partnership – shared interests and challenges in EU-China relations” [COM(2003) 533 final] which supplements and updates the 2001 Communication on ” EU strategy towards China: Implementation of the 1998 communication and future steps for a more effective EU policy.”

In 2006, the Commission proposed and made recommendations to strengthen the EU – China partnership in its Communication entitled ‘EU – China: Closer partners, growing responsibilities’, of 24 October 2006 [COM(2006) 631 final].

Council Decision of 16 November 2004 on the conclusion of an Agreement between the European Community and the Government of the People’s Republic of China on cooperation and mutual administrative assistance in customs matters [Official Journal L 375 of 23 December 2004].

Agreement between the European Community and the Government of the People’s Republic of China on cooperation and mutual administrative assistance in customs matters [Official Journal L 375 of 23 December 2004].

This agreement entered into force on 1 April 2005.

EU-China relations: a maturing partnership

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EU-China relations: a maturing partnership

Outline of the Community (European Union) legislation about EU-China relations: a maturing partnership

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These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

External relations > Relations with third countries > Asia

EU-China relations: a maturing partnership

Document or Iniciative

Commission guidance document of September 10 entitled “A maturing partnership – shared interests and challenges in EU-China relations” (updating of Commission communications of 1998 and 2001 on EU-China relations) [COM(2003) 533 final – Not published in the Official Journal].

Summary

This document, adopted by the Council on 13 October 2003, reviews the achievements of the 2001 strategy towards China, and the 1998 document aimed at establishing a “global partnership” with the country. The Commission believes that the overall objectives are still largely valid, but recognises the need to update the action plan.

The new maturity of this relationship is based on closer coordination. The range of issues has widened, political dialogue has evolved and a number of sectoral agreements have been concluded. In the current climate, there is undeniable interest in acting as strategic partners, given the increasing importance of both actors on the world stage and their converging positions, particularly with regard to the essential role of organisations and multilateral systems.

Charting a course for EU action

The document sets out five priority areas, each accompanied by its context, its implementation since 2001 and the new actions proposed by the EU and China. The first is shared responsibilities in promoting global governance. According to the Commission, China could play a fundamental role in reconciling the interests of developing and developed countries, and in promoting peace and stability in Asia.

With an increasingly active and constructive foreign policy, China has seen how well the measures proposed by the 2001 strategy have progressed. Political dialogue has been strengthened, with priority on human rights and participation in it diversified. Issues concerning Taiwan, Hong Kong and Macao have also been addressed, as have disarmament and global environmental issues.

Co-operation on Burma/Myanmar, illegal migration and trafficking in human beings has been stepped up. On the issue of trafficking, the Commission wants to conclude a readmission agreement.

New actions proposed by the Commission in this area include reinforced political dialogue that stresses quality over quantity through the organisation of more frequent consultations, and the coordination of Member States’ policies towards China, putting China on the agenda in the EU’s dialogue with certain third countries.

There are three levels of priorities for political dialogue:

  • bilateral: human rights, finding a solution to the question of Tibet, illegal migration, greater cooperation in areas of justice and home affairs, Hong Kong, Macao and Taiwan;
  • regional: strengthening cooperation on issues of mutual concern in the region as regards to assuring peace and security, a continuation of China’s dynamic approach in the ASEM process, enhancing consultations with China on the ASEAN Regional Forum (ARF) to reinforce the ARF’s role on regional security issues;
  • global: more frequent dialogue on global governance issues, the promotion of a coordinated approach and of joint EU-China initiatives, the promotion of multilateralism, of security, non-proliferation/disarmament issues, strengthened dialogue on counter-terrorism, collaboration in the face of global environmental challenges and joint research into SARS.

The second activity is supporting China’s transition to an open society based upon the rule of law and the respect for human rights. China has made progress towards the rule of law, and civil society has developed significantly. There is, however, still a significant gap between the current human rights situation in China and internationally accepted standards. Although EU-China dialogue has borne fruit, through the organisation of seminars, exchanges of views and assistance programmes, there are still issues to be resolved, such as the death penalty, administrative detention and torture. Freedom of expression, of religion and of association and the rights of minorities are still causes for concern.

The proposed new actions involve stepping up cooperation projects to complement the dialogue. This dialogue should be carried out at junior minister level, focusing on areas that are lagging behind, placing emphasis on increased visibility and transparency, and promoting exchanges between experts. Cooperation programmes should revolve around human rights and good governance, with training programmes for legal professionals, and a sharing of know-how and ensuring that it is widely applied. A third aspect involves support for civil society, encouraging contacts and providing assistance for capacity-building and the creation of networks.

Promoting China’s economic opening at home and abroad is the third activity proposed. China’s integration into the world economy is in everyone’s interest, and the Commission is eager to assist in the process. In the wake of its accession to the WTO in 2001, China has benefited greatly from globalisation, becoming a powerhouse of economic growth for the region.

Despite progress in internal reform, some problems remain. They are mainly linked to market access, services, the enforcement of intellectual property rights and adherence to international standards. Reform and opening have been accompanied by a significant rise in unemployment and underemployment, creating a sizeable rural-urban divide.

In 2001, an EU network was created to track China’s implementation of WTO commitments, with regular consultations and joint studies. Sectoral dialogue has also been stepped up, notably with regard to industrial products, the information society, environmental policies, research and the promotion of human development. New bilateral agreements have been drawn up for maritime transport and the “authorised destination status”. Proposals for agreements on administrative assistance for satellite navigation have also been set up.

The Commission believes that new actions are required in the following areas:

  • the WTO, trade and investment; The Commission is putting forward various initiatives for the adoption of WTO commitments, the Doha Development Agenda, regional integration, intellectual property rights, support for initiatives from Community industry, and other measures linked directly to trade;
  • sectoral issues, including industrial products, the information society, sanitary and phyto-sanitary questions, energy and environmental policies, nuclear research, science and technology, the ITER fusion research project and a cooperation agreement in the framework of the Galileo satellite navigation project;
  • economic and social reform; The Commission proposes supporting reforms in all these areas, promoting exchanges of experience in areas of regional and macroeconomic policies, a cooperation project for the reform of social security, dialogue on industrial policy and efforts to involve civil society more closely.

The fourth activity is the EU-China Co-operation Programme – a mutually beneficial partnership underpinning EU objectives. China is part of many Union-financed programmes in the Asian region (the Asia Information Technology and Communication Programme, Asia-Invest, Asia-Link, etc.), which has improved its cooperation with the Union. There is, however, a delay in the implementation of the National Indicative Programme (NIP) for 2002-2004, and the Commission therefore proposes completing the mid-term NIP review and drawing up a new programme to cover 2005-2006. The Chinese authorities should be involved in its preparation, and the multiannual approach should be maintained. Coordination with, and consideration of existing horizontal assistance programmes is also needed.

The fifth and final activity aims at increased EU visibility in China. The increasing access of individual Chinese citizens to sources of information should allow the EU get its message across. The Commission proposes to concentrate on four points: sharing China’s concern for a more balanced international order, the defence of a number of shared values, support for reforms underway in China, and the fact that the EU is a major global trading power and market.

Further Commission proposals in this domain include a series of activities such as a study of the perception of the EU in China, spreading more information, raising awareness in China of EU cooperation with China, and reinforcing people-to-people exchanges. Rationalising the current institutional structure, and prioritising quality and effective coordination are other concerns for which the Commission has solutions to propose.

Related Acts

Council Decision of 16 November 2004 on the conclusion of an Agreement between the European Community and the Government of the People’s Republic of China on cooperation and mutual administrative assistance in customs matters [Official Journal L 375 of 23.12.2004].

Proposal of 23 April 2004 for a Council Decision on the signing of the Cooperation Agreement on a Civil Global Navigation Satellite System (GNSS) – GALILEO between the European Community and its Member States and the People’s Republic of China [COM(2003) 578 final – Not published in the Official Journal].

2004/265/EC: Council Decision of 8 March 2004 concerning the conclusion of thebetween the European Community and the National Tourism Administration of the People’s Republic of China on visa and related issues concerning tourist groups from the People’s Republic of China (ADS) [Official Journal L 083 of 20.03.2004].

Strategy document for China 2002-2006, approved on 1 March 2002 ( )

Communication from the Commission to the Council and the European Parliament of 15 May 2001, “EU Strategy towards China: Implementation of the 1998 Communication and Future Steps for a more Effective EU Policy” [COM(2001) 265 final – Not published in the Official Journal]

2000/16/EC: Council Decision of 2 December 1999 concluding the Agreement for scientific and technological cooperation between the European Community and the Government of the People’s Republic of China [Official Journal L 006 of 11.01.2000].

Communication from the Commission of 25 March 1998 – Building a comprehensive partnership with China [COM (1998) 181 final – not published in the Official Journal].

Communication from the Commission – A long-term Policy for China-Europe Relations [COM(1995) 279 final – Not published in the Official Journal].

Council Regulation (EEC) No 2616/85 of 16 September 1985 concerning the conclusion of abetween the European Economic Community and the People’s Republic of China [Official Journal L 250 of 19.09.1985].