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Report on the system of own resources

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Report on the system of own resources

Outline of the Community (European Union) legislation about Report on the system of own resources

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Budget

Report on the system of own resources

Document or Iniciative

Commission report of 14 July 2004, “The financing of the European Union – Report on the operation of the own resources system” [COM(2004) 505 final – Not published in the Official Journal].

Summary

In response to the call in the current own resources decision of 2000 for a general review of the own resources system before 1 January 2006, the Commission committed itself to presenting a report before the end of January 2004. This follow-up document sets out the two key issues, namely the need to reform the existing mechanism for correcting negative budgetary imbalances and the insufficient transparency of the system for citizens, combined with limited financial autonomy for the EU in relation to national treasuries.

The current own resources system

At present, the system is divided into three main categories of own resources:

  • traditional own resources (TOR), mainly customs duties;
  • the VAT-based resource, which is levied on the statistical, “notional” and harmonised bases of Member States;
  • the GNI-based resource, which is the residual resource used to balance the budget of each Member States and currently constitutes the system’s main resource.

The total amount of all own resources may not exceed 1.24% of the European Union’s GNI.

Before proposing its reforms, the Commission assesses the current own resources system. It considers that, although the system satisfies the sufficiency and stability criteria, it fails the visibility and simplicity test and does not contribute to more efficient allocation of economic resources. Moreover, financial autonomy is becoming more and more limited.

The correction of budgetary imbalances

Following the observation that some countries contributed more to the Community budget than they received, the Fontainebleau European Council in 1984 introduced a correction mechanism in favour of the United Kingdom, which is reimbursed to the extent of some two thirds of its net contributions.

Over time, enlargement and changes in the structure of the budget have modified the unique position of the United Kingdom and so the existing mechanism should be transformed into a generalised correction mechanism. For the Commission, this reflects the twin goals of:

  • preventing excessive negative budgetary deficits and reducing the differences between net contributors;
  • ensuring that the financing costs of the mechanism are kept at a reasonable level.

At present, the net British position has improved significantly. If the current mechanism remains in force, the correction will increase by more than 50% after enlargement, accentuating the existing differences between net contributors. Further consequences of enlargement are the deterioration of the net balances of all the old Member States and the increased cost of the correction mechanism.

The generalised correction mechanism proposed by the Commission involves:

  • setting a threshold level, expressed as a percentage of gross national income (GNI), above which a Member State would be entitled to reimbursement of part of its contribution;
  • capping the total volume of corrections;
  • simplifying the financing of the corrections, with all Member States participating in proportion to their GNI.

By comparison with the current system, the proposed mechanism would reduce the differences between net contributors and lighten the financing burden of those Member States that do not benefit from it.

The modification of own resources

Before proposing the reform of the own resources system, the Commission reviewed three possible alternatives for the financing of the EU budget, while safeguarding traditional own resources. The alternatives are:

  • maintaining the present financing system unchanged. The Commission rejects this option because, in its present form, the system lacks a direct link to citizens, who tend to judge EU policies and initiatives exclusively in terms of their national allocation;
  • adopting a purely GNI-based financing system: The EU would depend entirely on contributions from Member States. This would be simple and easy to understand but does not reflect the status of the EU, which is more than an international organisation. It would imply an idea of the Union in which citizens would be only indirectly represented by their Member State, something which is unacceptable to the Commission;
  • adopting a financing system based on fiscal own resources: This system could increase the financial autonomy of the EU and introduce a direct link to citizens. The participation of citizens and economic operators in the EU budget would go hand in hand with a reduction in the level of contributions by Member States and ensure higher visibility and increased political accountability for expenditure decisions. However, a fully tax-based system does not appear appropriate to the Commission because of the threat to balanced budgets. Therefore, the retention of a limited GNI resource together with an increase in the share of taxed-based resources seems preferable.

The Commission proposes the introduction of a new taxed-based own resource accounting for up to half of the budget. This resource requires sufficient prior harmonisation of the tax base. The increase of tax-based own resources does not call for any new taxes because the EU share could be levied as part of the national rate paid by taxpayers. The Commission proposes three options, which all maintain the current GNI-based resource and traditional own resources but replace the statistical VAT-based resource with a new fiscal resource. The three options are:

  • fiscal resources related to energy consumption: Under the new directive on energy taxation, most energy products are subject to Community taxation. However, the Commission proposes limiting the Community levy to the tax base related to motor fuel used for road transport, which is already harmonised at a Community level. It could be supplemented with a levy on aviation fuel or the related emissions. This option could be implemented within a short period of time (around 3 to 6 years);
  • a fiscal VAT resource: In place of the present statistical VAT resource, the EU rate would be levied as part of the national VAT rate paid by taxpayers, together with the national rate on the same taxable base. Citizens would not have to bear an additional tax burden as the EU rate would be offset by an equivalent decrease in the national VAT rate. The main stumbling block to this measure is the incomplete harmonisation of Member States’ VAT systems. Technically, the introduction of this option would be possible within a period of up to 6 years;
  • a resource based on corporate income. This option would require a prior definition of a common consolidated tax base, thereby boosting cross-border economic activity, which is hampered by 25 national tax systems and a myriad of laws. This option would imply setting a minimum tax rate for the harmonised tax base and would be the longest to implement.

Conclusions

The Commission invites the Council to examine the proposed options in order to achieve a genuinely tax-based own resource by 2014. It recommends the introduction of a generalised correction mechanism to correct excessive budgetary imbalances as a short-term solution.

Related Acts

Report from the Commission to the European Parliament AND to the Council Sixth Report from the Commission on the operation of the inspection arrangements for traditional own resources (2006-2009) (Article 18(5) of Council Regulation (EC, Euratom) No 1150/2000 of 22 May 2000) [COM(2010) 219 final – Not published in the Official Journal].

Report from the Commission – Fifth Report from the Commission on the operation of the inspection arrangements for traditional own resources (2003-2005) (Article 18(5) of Council Regulation (EC, Euratom) No 1150/2000 of 22 May 2000) [COM(2006) 874 final – Not published in the Official Journal].

Report from the Commission – Fourth Report from the Commission on the operation of the inspection arrangements for traditional own resources (2000 2002) (Article 18(5) of Council Regulation (EC, Euratom) No 1150/2000 of 22 May 2000) [COM(2003) 345 final – Not published in the Official Journal].

Report from the Commission – Third Report from the Commission on the operation of the inspection arrangements for traditional own resources (1997-1999) – (Article 18(5) of Council Regulation (EC, Euratom) No 1150/00 of 22 May 2000) [COM(2001) 32 final – Not published in the Official Journal].

Report from the Commission – Second report from the Commission on the operation of the inspection arrangements for traditional own resources (for the period 1993-96) – (Article 18(5) of Council Regulation (EC, Euratom) No 1150/00 of 22 May 2000) [COM(97) 673 final – Not published in the Official Journal].

REPORT FROM THE COMMISSION on the functioning of the inspection arrangements for traditional own resources (Article 18(5) of Council Regulation (EEC, Euratom) N° 1552/89) [COM(93) 691 final – Not published in the Official Journal].

Risk and crisis management in agriculture

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Risk and crisis management in agriculture

Outline of the Community (European Union) legislation about Risk and crisis management in agriculture

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Agriculture > General framework

Risk and crisis management in agriculture

Document or Iniciative

Communication from the Commission to the Council of 9 March 2005 on risk and crisis management in agriculture [COM(2005) 74 final – Not published in the Official Journal].

Summary

In this communication, the Commission proposes the introduction of measures to help farmers to manage risk and improve their response to crises. It is proposing three categories of new measures.

New options for risk and crisis management tools

Risk * (resulting in a negative outcome) and crises * may have serious economic consequences for businesses, affecting their income. Most of the instruments devised to provide assistance to cope with unforeseeable events rely on ad hoc measures.

The Commission has examined a number of instruments to accompany or partially replace the existing ad hoc emergency measures. The three options proposed by the Commission are as follows:

  • insurance against natural disasters: this would involve the provision of a financial contribution towards the premiums paid by farmers for insurance against income loss as a result of natural disaster, bad weather or disease. This measure would encourage insurance in the sector, which up to now has been underdeveloped as a result of the systemic nature of the risks involved. Reinsurance schemes are also considered;
  • supporting mutual funds: mutual funds are a means of sharing risk among groups of producers, enabling farmers to be compensated in the event of loss. In the past, funds have usually been set up on the initiative of producer groups in the same sector. The Commission is proposing that the setting up of mutual funds in the agricultural sector be encouraged by granting temporary degressive aid for their administration;
  • providing basic coverage against income crises: new instruments could be created to provide basic coverage in the event of liquidity problems or serious loss of income. The reasoning is that, while rural development programmes will be available to support major investment in restructuring and provide aid for structural adjustments, they could prove insufficient.

Training measures could be introduced under the rural development programmes to help improve awareness of current risks and improve risk management strategies.

Safety net in the event of market crisis

The instruments used to influence the market and price situation and address possible crises vary between market organisations. Following the CAP reform, safety net provisions in the event of crisis remain available in several sectors covered by the reform. For other sectors, there is currently no justification for the introduction of an additional general safety net provision. The Commission therefore rules out the introduction of a safety net clause for each common market organisation.

Financing risk and crisis management measures

The Commission proposes that these additional risk and crisis management measures should be funded under the rural development programmes (under the competitiveness priority) out of one percentage point of modulation *. Using modulation would not require additional Community expenditure and would make it possible for the Member States to use a limited amount of rural development funds for these purposes. For the new Member States, in which modulation does not apply, a method enabling those so wishing to allocate funds to these measures will have to be examined.

The use of state aid or top-ups for this type of measure would be subject to the relevant Community competition rules.

Background

An initial analysis of risk management tools was presented by the Commission in January 2001. The conclusions of the Luxembourg Council (June 2003) on the reform of the CAP include a statement by the Commission on this matter, announcing that it would examine specific measures to address risks and crises by the end of 2004.

Key terms used in the act
  • Single payment scheme: the single payment is an annual income payment to farmers calculated on the basis of the aid received over the 2000-02 reference period. The main aim of this payment is to ensure greater income stability for farmers. Farmers are free to decide what they want to produce in response to demand without losing their entitlement to support.
  • Modulation: a mechanism to progressively reduce direct payments to farmers and transfer the funds thus released to the rural development sector.
  • Risk: implies a situation that could have a variety of outcomes, for each of which the probability can be estimated.
  • Crisis: an unforeseen situation that endangers the viability of agricultural holdings, either at local level or across a whole sector of production.

Reform of the common agricultural policy

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Reform of the common agricultural policy

Outline of the Community (European Union) legislation about Reform of the common agricultural 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.

Agriculture > General framework

Reform of the common agricultural policy (CAP)

Since its inception, the common agricultural policy has had to adapt a great deal in order to meet the challenges with which it has been faced over the years: in the early days it concentrated on attaining the goals set out in Article 39 of the Treaty, securing a fair standard of living for the agricultural community and ensuring security of supply at affordable prices, and then it had to control quantitative imbalances. Finally it embarked on a new approach based on a combination of lowering institutional prices and making compensatory payments. The aim of the new CAP reform is to deepen and widen the 1992 reform by replacing price support measures with direct aid payments and accompanying this process by a consistent rural policy.

The new challenges

New internal and external challenges have now arisen:

  • strong growth is predicted on the world agricultural market with prices offering a good rate of return. The current level of CAP prices is too high for the EU to meet international undertakings and to be able to take advantage of the expansion of world markets, with the risk that surpluses will appear again and create intolerable budget costs, and market share may be lost within the Community and on the world level;
  • agricultural support is distributed somewhat unequally between regions and producers, resulting in poor countryside planning: a decline in agriculture in some regions and overly intensive farming practices in others, generating pollution, animal diseases and poorer food safety;
  • making the CAP more acceptable to the average citizen, to the consumer, is a key task;
  • the strength of the agricultural sector in the Union rests on its diversity: its natural resources, its farming methods, its competitiveness and income levels, and also its traditions. With successive enlargements, the management of the CAP has become far too complex and bureaucratic, and sometimes even almost impossible to understand. A new, more decentralised model has, therefore, to be developed which grants the Member States greater freedom without any risk of distorting competition or renationalising the CAP but with shared, clear ground rules and rigorous controls;
  • the Union has to prepare its agricultural sector for international negotiations and define the limits of what it finds acceptable;
  • enlargement makes market management and simplification measures even more necessary as the economies in the applicant countries are still heavily dependent on agriculture.

The responses

The agreement reached at the European Council in Berlin responds to the key Agenda 2000 proposals, giving concrete shape to a European model for agriculture in the years ahead.

The Berlin European Council reaffirmed that the content of the reform will secure a multifunctional, sustainable and competitive agriculture throughout Europe, including in regions facing particular difficulties. It will also be able to maintain the landscape and the countryside, make a key contribution to the vitality of rural communities and respond to consumer concerns and demands regarding food quality and safety, environmental protection and maintaining animal welfare standards.

The Commission’s proposals adopted by the European Council were based on the 1992 reforms which successfully reduced surpluses and controlled expenditure without compromising an average 4.5 % rise in income. This general trend has been confirmed by the European Council in the following guidelines.

  • Continued competitiveness should be ensured by sufficiently large price cuts that will guarantee growth of home-market outlets and increased participation by Community agriculture in the world market. These price reductions are offset by an increase in direct aid payments in order to safeguard the income level.
  • There is to be a new division of functions between the Commission and the Member States, whether concerning compensation in the form of direct payments or rural development measures incorporated into an overall programming framework.
  • This new decentralisation is logically accompanied by a major effort at simplifying the rules, such as the new rural development Regulation, which does away with a large number of regulations, or the market-management regulations, in particular the one on arable crops. Legislation is now clearer, more transparent and easier to access, with red tape for farmers cut to the strict minimum.
  • Rural development becomes the second pillar of the CAP. For the first time, the foundations have been laid for a comprehensive and consistent rural development policy whose task will be to supplement market management by ensuring that agricultural expenditure is devoted more than in the past to spatial development and nature conservancy, the establishment of young farmers, etc. The Member States will be able to vary, i.e. downwards, the direct aids awarded to holdings in line with criteria to be defined by each Member State relating to the amount of labour employed on a farm. Money released in this way is to be allocated by the Member State to agri-environmental schemes.

Beef and veal

The effects of the 1996 crisis on beef and veal consumption should ease. If there is no change in market policy, production should soon creep back up to its maximum potential after 2001, while consumption is set to decline in the long term. Over-production cannot be solved by slaughtering young calves, nor by imposing quotas limiting the number of animals or production levels.

The new Regulation cuts effective market support. It should be possible to stabilise market prices with the aid of protective measures at the Community’s external frontiers and measures relating to exports, and by introducing a private storage scheme similar to that for pigmeat.

Farmers will undoubtedly suffer losses of income which they should be able to offset by adapting production methods and investments. In return, they will be granted direct income payments by head of cattle, which will be increased gradually.

A number of simplifications have been made in the beef and veal sector, such as the abolition of the marketing system and the processing premium for veal calves. The intervention scheme will apply only in severe crises. Finally, the new Regulation repeals a number of other Regulations.

Milk and milk products

The Regulation establishes a new common market organisation for dairy products. It remains based on intervention and public storage of butter and skimmed-milk powder as well as certain aid schemes and marketing measures. Intervention prices for butter and skimmed milk powder are to be cut from the marketing year 2005/06 to improve competitiveness on both internal and external markets. As for internal market aid measures, a number of Regulations have been repealed, resulting in a major simplification of the legislation in this sector.

The new system is to extend the quota scheme until 2007/08, in order to gradually reduce internal and external consumer prices. The total reference quantity has been increased and the additional quantity will be allocated to Greece, Italy, Spain, Ireland and Northern Ireland.

Tobacco, olive oil and wine

In December 1996 the Commission presented a report on the tobacco regime to the Council and the Parliament, giving a positive assessment of the 1992 reform and proposing extending it along the same guidelines. In February 1997, the Commission presented a report on the olive oil regime, in which it suggested replacing price support with direct aid payments and a radical simplification of these payments. The new regime takes account of the proposals in both of these reports.

For wine, a reform proposal had been pending at Council level since 1994. Developments in the sector have largely been influenced by the Uruguay Round agreement. The new Regulation follows the guidelines laid down in the 1995 “agricultural strategy document”. The new Regulation replaces 23 Council Regulations previously in force, thus clarifying the system immensely and facilitating more direct access to the legislation.

The ban on planting vines has been maintained and will be operated flexibly to allow development of wine production where there is growing demand. The grubbing measures have also been maintained, although targeted more specifically at regions with serious and persistent structural surpluses. Intervention will be eliminated, while a “crisis distillation” mechanism will be introduced to deal with exceptional cases of market disturbance.

Lastly, the Regulation officially recognises the potential role of producer groups and inter-branch organisations, and it provides for major adjustments to the designation and presentation of wine sector products to ensure that consumers are better informed.

Arable crops

The intervention price for arable crops has been cut. The Regulation provides for an increase in direct payments for cereals and silage maize in two steps, from EUR 54 to EUR 63 per tonne. Payments for oilseeds and non-textile linseed are to be progressively reduced in three stages to the same level as cereals. Protein crops will receive a direct payment of EUR 72.5 per tonne, thus ensuring their profitability in relation to other arable crops. The special scheme for durum wheat is to be continued.

Compulsory set-aside has been retained, and voluntary set-aside is still allowed: it has, however, been made more effective and should have a more positive impact on the environment. The level of compensation for set-aside, both compulsory and voluntary, will be the same as for cereals.

Although the essential elements of the existing regime (in particular the base areas, the regionalisation scheme, the link to historic yields and the set-aside provisions) have been retained, major simplifications have been achieved.

Rural policy

The accompanying measures previously financed by the Guarantee Section of the European Agricultural Guidance and Guarantee Fund (EAGGF) have been complemented by aid for less-favoured areas and areas whose development is lagging behind. All these measures have been applied horizontally and implemented in a decentralised manner. For rural areas eligible under Objective 1 of the Structural Funds the current system will be maintained. In rural areas eligible under the new Objective 2 (former Objectives 5(a) and 5(b)), measures are financed under the EAGGF Guarantee Section. Objective 2 is financed through the intermediary of the European Regional Development Fund (ERDF), the European Social Fund (ESF) and the Financial Instrument for Fisheries Guidance (FIFG). Any measures in favour of rural areas that are not eligible under the Structural Funds are part-financed under the EAGGF Guarantee Section.

To improve integration of environmental objectives in the common market organisations, the new reform enables Member States to make direct aid payments conditional on compliance with environmental provisions.

More specifically, the measures aim to:

  • strengthen the agricultural and forestry sectors by trying to promote quality agricultural products. The reform includes measures concerning the establishment of young farmers and conditions for taking early retirement;
  • improve the competitiveness of rural areas with the aim above all of improving the quality of life of rural communities and creating new sources of income for farmers and their families;
  • preserve the environment and European rural heritage via agri-environmental measures such as organic farming. To help the further ‘greening’ of the CAP, the traditional compensatory allowances in support of farming in less-favoured areas will be extended to areas where farming is restricted by the existence of specific environmental constraints.

Member States must, however, ensure that farmers are able to demonstrate that they do not exercise activities solely for the purpose of obtaining the benefit of support payments.

The financial framework

The new financial framework must cover the development of the CAP and the effects of enlargement in a coherent fashion and within reasonable budget limits, for a sufficient length of time. At the same time, it must finance key needs and ensure sound management of public funds. A simplified and comprehensive agricultural policy can now make it clear that the expenditure it involves is justified by the services which society at large expects farmers to provide.

The Berlin European Council considered that this reform could be implemented within a financial framework of an average level of EUR 40.5 billion plus EUR 14 billion over the period for rural development as well as veterinary and plant health measures. The reform aims at stabilising agricultural expenditure over the period while staying more in keeping with actual levels of spending.

In the light of these decisions, the European Council considered that the amounts to be entered in heading 1 of the financial perspective should be those indicated below. The Inter-institutional Agreement will ensure that all parties abide by this agreement.

– Heading 1
(EUR million – 1999 prices)		 CAP expenditure
(excluding rural development and accompanying measures)		 Rural development and accompanying measures
2000
2001
2002
2003
2004
2005
2006		 40 920
42 800
43 900
43 770
42 760
41 930
41 660		 36 620
38 480
39 570
39 430
38 410
37 570
37 290		 4 300
4 320
4 330
4 340
4 350
4 360
4 370

The agricultural guideline will also remain unchanged. It will be re-examined on the basis of a report which the Commission will present to the Council before the next enlargement of the European Union in order to make any adjustment considered necessary. The amount set aside in the financial perspective for the agricultural pre-accession instrument (EUR 250 million – 1999 prices) falls within the ceiling established by the guideline.

The European Council acknowledged the scale of the efforts being made to curb the budget and exercise rigour in implementing the common agricultural policy decided within the framework of Agenda 2000, the reduction in support prices being largely compensated by expenditure on the rural development budget and other accompanying measures (direct income aids, early retirement, aid to young farmers, etc.).

Preparations must be made for the accession of the applicant countries in accordance with the conclusions of the Luxembourg European Council in compliance with the horizontal pre-accession framework provided by a general coordination Regulation. The applicant countries are facing major difficulties in adapting to a rather complex Community acquis and completing the institutional process of privatisation and transformation of agricultural structures.

Concentrating on priority needs for agriculture, which remains a major source of employment, pre-accession measures concern in particular support for improving the efficiency of holdings and producer groups, processing and distribution, promotion of quality products, veterinary and phytosanitary control, land re-parcelling, water resource management, vocational training, environment, and the maintenance of rural heritage, etc.

Responding to the challenge of enlargement means giving a fresh boost to the development and integration of the European economy as a whole.

The efforts made, notably in terms of reducing support prices, represent an essential contribution by the European Community to stabilise the world’s agricultural markets. The European Council considers that the decisions adopted regarding the reform of the CAP within the framework of Agenda 2000 will constitute key elements in defining the Commission’s negotiating mandate for the future multilateral trade negotiations at the WTO.

Roadmap to a Single European Transport Area: Towards a competitive and resource efficient transport system

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Roadmap to a Single European Transport Area: Towards a competitive and resource efficient transport system

Outline of the Community (European Union) legislation about Roadmap to a Single European Transport Area: Towards a competitive and resource efficient transport system

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

Transport > Bodies and objectives

Roadmap to a Single European Transport Area: Towards a competitive and resource efficient transport system

Document or Iniciative

Commission White Paper of 28 March 2011: “Roadmap to a Single European Transport Area – Towards a competitive and resource efficient transport system” [COM (2011) 144 final – Not published in the Official Journal].

Summary

In this White Paper, the Commission sets out to remove major barriers and bottlenecks in many key areas across the fields of transport infrastructure and investment, innovation and the internal market. The aim is to create a Single European Transport Area with more competition and a fully integrated transport network which links the different modes and allows for a profound shift in transport patterns for passengers and freight. To this purpose, the roadmap puts forward 40 concrete initiatives for the next decade, explained in detail in the Commission Staff Working Document accompanying the White Paper.

The White Paper shows how we can achieve the transformation of our transport system, keeping our objective to reduce CO2 emissions by 60 % by 2050 through:

  • developing and deploying new and sustainable fuels and propulsion systems;
  • optimising the performance of multimodal logistic chains, including by making greater use of more energy-efficient modes;
  • increasing the efficiency of transport and of infrastructure use with information systems (including SESAR and Galileo) and market-based incentives (such as the application of “user pays” and “polluter pays” principles).

It also sets ten goals to guide policy and measure our progress inter alia on:

  • phasing out conventionally fuelled cars and trucks from cities by 2050;
  • shifting 30 % of medium and long distance road freight to other modes by 2030;
  • using cars for less than half of middle distance travel by 2050; or
  • halving road traffic deaths by 2020 and achieving near-zero casualties in road transport by 2050.

In order to implement the above goals, a genuine single European transport area needs to be established by eliminating all existing barriers between modes and national systems, easing the process of integration and facilitating the emergence of multinational and multimodal operators. A single European transport area would facilitate the movement of EU citizens and freight, reduce costs and improve the sustainability of EU transport. A transformation of the current European transport system will only be possible through a combination of initiatives at all levels and covering all transport modes.

In air transport, the initiatives include the completion of the Single European Sky, the deployment of the future European air traffic management system (SESAR), as well as revising the Slot Regulation to make more efficient use of airport capacity. In rail transport, the initiatives include the development of a Single European Railway Area, opening the domestic rail passengers market to competition, and establishing an integrated approach to freight corridor management. In maritime transport, the European Maritime Transport Space without Barriers should be further developed into a “Blue Belt” of free maritime movement both in and around Europe, with waterborne transport being used to its full potential. In road transport, the initiatives include the review of the market situation of road freight transport as well as the degree of convergence on road user charges, social and safety legislation, transposition and enforcement of legislation in EU countries.

The Commission also proposes initiatives concerning e-Freight, the EU approach to jobs and working conditions across transport modes, security of cargo and land transport. Proposed initiatives also aim to improve the safety in all transport modes, including civil aviation safety and the transport of dangerous goods.

Innovation is also paramount to this strategy and the EU recognises the need to promote the development and use of new technologies. The Commission therefore proposes a regulatory framework for innovative transport, including:

  • appropriate standards for CO2 emissions of vehicles in all transport modes;
  • vehicle standards for noise emission levels;
  • public procurement strategies to ensure rapid up take of new technologies;
  • rules on the interoperability of charging infrastructure for clean vehicles;
  • guidelines and standards for refuelling infrastructures.

One of the White Paper’s top priorities is to complete the trans-European transport network: TEN-T. This is essential for creating employment and economic growth because the network aims to provide a seamless chain linking all modes of transport – air, rail, road and sea.

Finally, to promote sustainable behaviour in EU transport, the White Paper puts forward the following initiatives:

  • promote awareness of alternative means of transport (walking, cycling, car sharing, park & ride, intelligent ticketing);
  • review and develop vehicle labelling for CO2 emissions and fuel efficiency;
  • encourage carbon footprint calculators, allowing better choices and easier marketing of cleaner transport solutions;
  • include eco-driving requirements in the future revisions of the driving licence directive;
  • consider reducing maximum speed limits of light commercial road vehicles, to decrease energy consumption and enhance road safety.

Regional strategy for Asia 2007-2013

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Regional strategy for Asia 2007-2013

Outline of the Community (European Union) legislation about Regional strategy for Asia 2007-2013

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External relations > Relations with third countries > Asia

Regional strategy for Asia 2007-2013

Document or Iniciative

European Commission – Regional Strategy Paper 2007-2013 for Asia .

Summary

The Regional Strategy Paper (RSP) defines the objectives and the priorities of the cooperation between the European Union (EU) and Asia for the period 2007-2013. Asia covers Afghanistan, Bangladesh, Bhutan, Cambodia, China, India, Indonesia, North Korea, Laos, Malaysia, Maldives, Mongolia, Myanmar, Nepal, Pakistan, Philippines, Sri Lanka, Thailand and Vietnam.

Challenges faced by Asia

At political level, Asia, which is marked by the emergence of China and India, has multiple systems of governance. It faces a large number of challenges in the fields of security, nuclear proliferation, democratisation, respect for human rights, unemployment and health, fragile situations (Afghanistan, Pakistan, Sri Lanka and Nepal), large refugee and migratory flows, labour standards, natural disasters and protection of the environment.

In the past twenty years, Asia has experienced strong economic growth, attributable to increased openness and major economic reforms. It is now the EU’s largest trading partner, most of the countries are members of the World Trade Organisation (WTO), civil society is sophisticated and a dynamic business class is emerging. However, despite this progress, the rise in socio-economic indicators has led to income disparities, employment creation has declined in many countries, the benefits of growth are unequally distributed and the institutional weaknesses, natural disasters and weakness of the infrastructures continue to hamper development.

Social protection is poor in Asia; child labour, the situation of women and poverty remain major challenges to be faced, as too are maternal mortality, child malnutrition, the violation of human rights, social protection, the increase in communicable diseases, health threats, gender imbalance, discrimination, etc. Southern Asia has made progress towards achieving the millennium development goals (MDG), in contrast to East Asia, which is developing less rapidly.

Asia is geographically very diverse. However, the environment is suffering from demographic pressures, rapid economic growth, industrialisation, inadequate legislation and investments, and poorly enforced protection measures which lead to unsustainable use of natural resources. In addition, climate change is likely to compound the geological and climatic instability.

Priority areas of the regional strategy 2007-2013

The main priority of the strategy is to encourage cooperation and regional integration. To achieve this, the EU supports work and dialogue with the Asia-Europe Meeting (ASEM), the Asia-Europe Foundation (ASEF), the Trans-Eurasia Information Network (TEIN), the South Asian Association for Regional Cooperation (SAARC), the South Asian Free Trade Area (SAFTA) and the Association of South-East Asian Nations (ASEAN).

The second priority encourages cooperation based on policy and know-how in the fields of the environment, education and health. It aims to promote sustainable consumption and production and trade in environmental goods and services and to support Forest Law Enforcement, Governance and Trade (FLEGT). It also places emphasis on the promotion of equal opportunities and the values of democracy, the rule of law, respect for human rights and fundamental freedoms. Finally, it supports the region in the control of avian flu and highly pathogenic and emerging diseases, and intends to introduce cross-border health cooperation.

The objective of the third priority is to support uprooted people in Asia by assisting them to return and settle in their country of origin or in a third country. This support establishes links between relief, reintegration and development aimed at filling the gap between emergency relief for refugees and longer-term relief. The activities are coordinated with ECHO, with due regard for operations established in the context of the country programmes. Local partnerships and development capacities will gradually be built up.

Certain cross-cutting issues (human rights, democracy, governance, etc.) will be addressed at regional level and streamlined throughout the programme, as appropriate.

Terms and conditions

For 2007-2013, the budget for Asia amounts to EUR 5.187 billion, of which 81 % is allocated to country development assistance, 16 % to regional assistance and 3 % as a reserve. The present RSP consists of a regional multiannual indicative programme (MIP), which is the programming document for the assistance, based on actions designed to achieve the priorities identified in the RSP. The first MIP has been drawn up for the period 2007-2010 (EUR 400 million); a second MIP will be drawn up for the period 2011-2013 (EUR 375 million). The RSP is complementary to country strategy papers drawn up for each country of Asia and the RSP for Central Asia . The financing instrument for development cooperation (DCI) is the main framework for financing the assistance granted under the present RSP.

The activities receiving support are the following: programmes, contacts, meetings, promotion activities, dialogue, exchange of best practices, expert meetings, regional and triangular cooperation, seminars, conferences, workshops, research, twinning, gatherings, studies, training, study trips, university exchange programmes and harmonisation of standards and legislation. Other activities will also be defined at the identification stage.

Success indicators are defined to measure the impact of the activities carried out. They spell out the objective sought by the intervention, the result and the advantages expected for the target groups, the direct effects and the activities to be carried out to achieve the expected goals. The results of these activities will be measured qualitatively and quantitatively, not only by the indicators but also by the verification criteria and other implementation mechanisms. The implementation of all the programmes will be supervised and monitored. A mid-term review of the entire programme is scheduled (2009).

Background

The cooperation between the two regions is based on the “Europe and Asia” Communication and the European Consensus on Development, which set the eradication of poverty as a prime objective. The present RSP in this way ensures continuity of the priorities, results and experience, based on the previous RSP 2005-2006 .


 

Rules of Procedure of the European Economic and Social Committee

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Rules of Procedure of the European Economic and Social Committee

Outline of the Community (European Union) legislation about Rules of Procedure of the European Economic and Social Committee

Topics

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

Rules of Procedure of the European Economic and Social Committee

Document or Iniciative

Rules of procedure of the European Economic and Social Committee.

Summary

Article 303 of the Treaty on the Functioning of the European Union (EU) confers upon the European Economic and Social Committee (EESC) the power to self-regulate. These rules of procedure establish the functioning and organisation of the EESC.

THE MEMBERS

In accordance with Article 300 of the Treaty on the Functioning of the EU, the Committee consists of representatives of organisations of employers and of the employed. It also includes representatives of civil society, notably in socio-economic, civic, professional and cultural areas.

Moreover, the members are proposed by the governments of the Member States and are appointed by the Council, for five years. Their number cannot exceed 350.

THE COMMITTEE’S CONSTITUENT WORKING BODIES

The bureau

It consists of:

  • the President and the two Vice-Presidents;
  • the three Group Presidents (Group I: employers; Group II: employees; Group III: various economic and social interests);
  • the six section Presidents;
  • a variable number of members, which cannot exceed the number of Member States.

The President is elected from among the members of the three Groups and the Vice-Presidents are elected from among the members of the two Groups to which the President does not belong. They are elected for a period of two years, in accordance with the principle of group rotation.

The Bureau’s chief tasks are as follows:

  • it lays down the organisation and working procedures of the Committee and has political responsibility for its general management;
  • together with the President of the Committee, it exercises the budgetary and financial powers provided for in the Financial Regulation and the Committee’s Articles of Procedure;
  • it lays down the Implementing Provisions of the Rules of Procedure, whose interpretation it clarifies;
  • every six months it examines, on the basis of a report drawn up for this purpose, the action taken on opinions delivered by the Committee.

The Presidency and the President

The Presidency (the President and the two Vice-Presidents) meets with the Group Presidents to prepare the work of the Bureau and the assembly.

The President, elected for two and a half years, directs the work of the Committee. He involves the Vice-Presidents in his activities on a permanent basis. He represents the Committee in its external relations. He reports to the Committee on action and measures taken on its behalf. After his election, he presents his work programme for his term of office at the plenary assembly and presents a review of achievements at the end of his term.

The specialised sections

The Committee comprises six specialised sections:

  • Agriculture, Rural Development and the Environment;
  • Economic and Monetary Union and Economic and Social Cohesion;
  • Employment, Social Affairs and Citizenship;
  • External Relations;
  • Single Market, Production and Consumption;
  • Transport, Energy, Infrastructure and the Information Society.

Other sections may be set up by the plenary assembly on a proposal from the Bureau, in the fields covered by the Treaties. Apart from the President, every member of the Committee must be a member of at least one specialised section and a maximum of two (with exceptions). The members of the sections are appointed by for two and a half years.

The task of the specialised sections is to draw up opinions or information reports on questions referred to them. They may set up from among their members a study group or drafting group or appoint a rapporteur working alone. The rapporteur is responsible for preparing opinions and monitoring action taken on opinions by the European institutions, once the opinion has been adopted in plenary session.

The subcommittees

For some subjects, especially those where different specialised section remits overlap, the Committee may set up ad hoc sub-committees. These subcommittees operate in the same way as the specialised sections and their draft opinions are submitted directly to the Committee for discussion.

The observatories, hearings, experts

The Committee may set up observatories when the nature, extent and specific character of the subject to be dealt with calls for particular flexibility in terms of the working methods, procedures and instruments to be used.

Likewise, if an issue under discussion is of sufficient importance, the various bodies and working units of the Committee may invite guest speakers from outside the Committee to a hearing.

Finally, the President may appoint experts to clarify technical questions posed by the activities.

The consultative commissions

The Committee has the option of setting up consultative commissions. These commissions are made up of members of the Committee and of delegates from areas of civil society that the Committee wishes to involve in its work.

Dialogue between the EU’s social and economic organisations and third countries

Because of its specific mission, the Committee may maintain structured relations with economic and social councils and similar institutions and with civil society organisations in the European Union and third countries. The Committee appoints the delegations responsible for maintaining these relations.

The groups and categories

The Committee is made up of three Groups representing respectively employers, employees and the various other economic and social components of organised civil society. The Groups elect their Presidents and Vice-Presidents. They participate in the preparation, organisation and coordination of the business of the Committee.

  • The Employers’ Group (Group I) has members from private and public sectors of industry, small businesses, chambers of commerce, wholesale and retail trade, banking and insurance, transport and agriculture.
  • The employees’ group (Group II) has members from national trade union organisations, both at the level of confederations and that of sectoral federations.
  • The group including the other components of civil society (Group III) consists of members of farmers’ organisations, consumers’ organisations, small businesses, the crafts sector, liberal professions and NGOs in the field of social protection and environmental protection.

Members of the three groups of the Committee may, on a voluntary basis, form categories representing the various economic and social components of organised civil society in the European Union.

PROCEDURE OF THE COMMITTEE

Consultation of the Committee

The Committee produces opinions requested by the Council, the Commission or the European Parliament.

The Committee may also deliver opinions on its own initiative, information reports or resolutions on any question pertaining to the tasks assigned to the European Union.

Furthermore, the Committee’s opinions set out its position on the issue referred to it. They are generally accompanied by concrete proposals. In its opinions, the Committee defends the interests of civil society in particular, which it represents at European level.

Work of the specialised sections

When an opinion or information report is to be produced, the Bureau designates the specialised section that is to be responsible for preparing the work in question.

The rapporteur, assisted where appropriate by one or more co-rapporteurs and an expert, studies the question referred, collect the views expressed and, on this basis, compile the draft opinion, which is sent to the specialised section for discussion and approval by voting.

Proceedings of the plenary sessions

The Committee meets in plenary assembly during the different sessions (ten sessions each year as a rule). The Committee’s plenary assembly adopts its opinions on the basis of the opinions of the specialised sections and sends them to the Council, the Commission and the European Parliament.

The draft agenda is drawn up by the Bureau on a proposal from the Presidency in collaboration with the Group Presidents. It is sent to all Committee members and to the Council, the Commission and the European Parliament. It is submitted for approval by the assembly before the opening of the relevant session.

Opinions adopted by the Committee and minutes of Committee sessions are sent to the European Parliament, the Council and the Commission. They are published in the Official Journal of the European Union. Regardless of the legal basis for consultation (mandatory or optional referral) the Committee’s opinions are a legally necessary component in the Council’s final decisions.

FINAL PROVISIONS

Methods of voting

Except where otherwise provided, adoption of the texts and decisions of the Committee and its constituent bodies shall be by a majority of the votes. Voting is by open ballot, by recorded vote, or by secret ballot.

The urgency procedure

Where the urgency results from a deadline for the submission of its opinion imposed on the Committee, the urgency procedure may be applied. The President may, immediately and without consulting the Bureau beforehand, take all requisite steps to enable the Committee to carry out its work. He informs the members of the Bureau of the steps which he takes.

Publication and distribution of Committee texts

The Committee publishes its opinions in the Official Journal of the European Union. Likewise, the names of the members of the Committee, its Bureau and its specialised sections are published in the Official Journal.

The Secretary-General of the Committee is responsible for taking the measures necessary to guarantee the public’s right of access to the corresponding documents. Any citizen of the European Union may write to the Committee in one of the official languages and receive a reply written in the same language

Plenary sessions and meetings of the specialised sections are public. Moreover, the members of the European institutions may attend and address meetings of the Committee and its.

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

Recovery of petrol vapours during storage

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Recovery of petrol vapours during storage

Outline of the Community (European Union) legislation about Recovery of petrol vapours during storage

Topics

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

Environment > Air pollution

Recovery of petrol vapours during storage

Document or Iniciative

European Parliament and Council Directive 94/63/EC of 20 December 1994 on the control of volatile organic compound (VOC) emissions resulting from the storage of petrol and its distribution from terminals to service stations [See amending acts].

Summary

This Directive covers to the operations, installations, vehicles and vessels used for storage, loading and transport of petrol from one terminal to another or from a terminal to a service station.

The Directive lays down harmonised technical specifications for the design and use of:

  • storage installations at terminals;
  • equipment for loading and unloading mobile containers at terminals;
  • mobile containers;
  • equipment for loading into storage installations at service stations.

Transitional periods are laid down for implementing these specifications.

Member States may maintain or require more stringent measures than those laid down in the Directive throughout their territory or in geographical areas where it is established that such measures are necessary for the protection of human health or the environment.

The Directive provides a procedure for adapting the Annexes to technical progress.

The reports on the implementation of this Directive are drawn up in accordance with the provisions of Council Directive 91/692/EEC of 23 December 1991.

References

Act Entry into force Deadline for transposition in the Member States Official Journal

Directive 94/63/EC

20.01.1995

31.12.1995

OJ L 365 of 31.12.1994
Amending act(s) Entry into force Deadline for transposition in the Member States Official Journal

Regulation (EC) No 1882/2003

20.11.2003

–

OJ L 284 of 31.10.2003

Regulation (EC) No 1137/2008

11.12.2008

–

OJ L 311 of 21.11.2008

Related Acts

Directive 2009/126/EC of the European Parliament and of the Council of 21 October 2009 on Stage II petrol vapour recovery during refuelling of motor vehicles at service stations [Official Journal OJ L 285 of 31.10.2009].
This Directive aims at ensuring the recovering of harmful petrol vapours displaced from the fuel tank of a motor vehicle during refuelling at a service station. In a large number of European service stations petrol pumps must be fitted with a system to recover at least 85% of these vapours. These vapours contribute to the emission of atmospheric pollutants such as ground-level ozone and benzene, which are harmful to human health and the environment.

Reducing the emissions of volatile organic compounds

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Reducing the emissions of volatile organic compounds

Outline of the Community (European Union) legislation about Reducing the emissions of volatile organic compounds

Topics

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

Environment > Air pollution

Reducing the emissions of volatile organic compounds (VOCs)

Document or Iniciative

Council Directive 1999/13/EC of 11 March 1999 on the limitation of emissions of volatile organic compounds due to the use of organic solvents in certain activities and installations [See amending acts].

Summary

The emissions of volatile organic compounds * (VOCs) in the atmosphere contribute to the formation of the tropospheric ozone (ozone in the lower atmosphere). Large quantities of this ozone may be harmful to people, vegetation, forests and crops. Sensitive people may suffer irritation of the throat and eyes, as well as respiratory difficulties. Tropospheric ozone is also a greenhouse gas.

Scope

The Directive covers emissions of volatile organic compounds (VOCs) from certain activities and installations listed in Annex I.

Requirements of installations

Member States must take the necessary measures to ensure that all new installations comply with the provisions of the Directive. Moreover, all new installations not already covered by the Integrated Pollution Prevention and Control Directive (IPPC) must be registered or authorised before being put into service.

Existing installations must be registered or authorised if they have not yet been authorised under the IPPC Directive. They must comply with the same requirements as for new installations no later than 30 October 2007. Where part of an existing installation undergoes a substantial change, it must comply with the requirements applicable to new installations.

Requirements

The industrial operators concerned can conform to the specified emission limits in either of the following ways:

  • by installing equipment to reduce emissions to comply with the emission limit values and the fugitive emission values, or total emission limit values;
  • by introducing a reduction scheme to arrive at an equivalent emission level, in particular by replacing conventional products which are high in solvents with low-solvent or solvent-free products.

Solvents or mixtures likely to have a serious effect on human health because of their content of VOCs (classified as carcinogens, mutagens, or toxic to reproduction), must be replaced by less harmful substances or mixtures.

National plans

Member States may define and implement national plans for reducing emissions from the activities and industrial installations covered by Article 1 (excluding surface cleaning and dry cleaning activities). The plans must result in a reduction of the annual emissions of VOCs by at least the same amount and within the same time-frame as would have been achieved by applying the emission limits under the Directive.

The national plan must include:

  • a list of the measures taken or to be taken;
  • binding interim reduction targets against which progress towards the aim can be measured;
  • a full description of the range of instruments through which its requirements will be achieved, evidence that these instruments will be enforceable and details of the means by which compliance with the plan will be demonstrated.

Substitution

The Commission must ensure that an exchange of information between Member States and the activities concerned on the use of organic substances and their potential substitutes takes place.

It must consider the potential effects of organic substances on human health in general and occupational exposure in particular. Their potential effects on the environment and the economic consequences will also be examined with a view to providing recommendations on the use of techniques which have the least potential effects on air, water, soil, ecosystems and human health.

Following the exchange of information, the Commission must publish recommendations for each activity.

Monitoring

The Member States must take the necessary measures to ensure that the public has access to information concerning:

  • applications for authorisation for new installations or for substantial changes to installations,
  • the decision of the competent authority, including at least a copy of the authorisation, and any subsequent updates,
  • the general binding rules applicable to installations and the list of registered and authorised activities,
  • the results of emission-monitoring as required under the authorisation or registration conditions.

Reports

Every three years, Member States must submit a report to the Commission on the implementation of the Directive.

Context

This Directive complements the provisions adopted under the framework of the Auto-Oil Programme (Directives relating to emissions in the atmosphere from cars and lorries with internal combustion engines and Directive 94/63/EC relating to volatile organic compound emissions resulting from the storage of petrol).

Key terms of the Act
  • Organic compound: any compound containing at least the element carbon and one or more of the following elements: hydrogen, halogens, oxygen, sulphur, phosphorus, silicon or nitrogen, with the exception of carbon oxides and inorganic carbonates and bicarbonates;
  • Volatile organic compound: any organic compound emanating from human activities, other than methane, which are capable of producing photochemical oxidants by reacting with nitrogen oxide in the presence of sunlight. having at 293,15 K a vapour;
  • Organic solvent: any VOC which is used alone or in combination with other agents, and without undergoing a chemical change, to dissolve raw materials, products or waste materials, or is used as a cleaning agent to dissolve contaminants, or as a dissolver, dispersion medium, viscosity adjuster, surface tension adjuster, plasticiser, or a preservative.

References

Act Entry into force Deadline for transposition in the Member States Official Journal

Directive 1999/13/EC

29.3.1999

30.3.2001

Official Journal L 85 of 29.3.1999
Amending act(s) Entry into force Deadline for transposition in the Member States Official Journal

Regulation (EC) No 1882/2003

20.11.2003

–

Official Journal L 284 of 31.10.2003

Directive 2004/42/EC

30.04.2004

30.10.2005

Official Journal L 143 of 30.04.2003

Directive 2008/112/EC

12.1.2009

–

OJ L 345 of 23.12.2008

The successive amendments and corrections to Directive 1999/13/EC have been integrated in the original text. This consolidated versionis of documentary value only.

Related Acts

Proposal for a Directive of the European Parliament and of the Council of 21 December 2007 on industrial emissions (integrated pollution prevention and control) (recast) [COM(2007) 844 final – Not published in the Official Journal].
The new Directive shall fill the gaps in existing legislation concerning industrial emissions. By reducing this type of emissions, it shall bring about significant improvements to health and the environment. The new Directive shall:

  • encourage the implementation of the Best Available Techniques;
  • establish more stringent emission limit values for certain sectors across the EU;
  • introduce minimum rules for environmental inspections of industrial installations;
  • extend the scope of the legislation to other polluting activities not covered by current legislation;
  • enable a more effective permit review;
  • amalgamate the current IPPC Directive and the six sectoral directives included in the Directive on waste incineration into one sole directive on industrial emissions.

Co-decision procedure (COD/2007/286)

Directive 2004/42/EC of the European Parliament and of the Council of 21 April 2004 on the limitation of emissions of volatile organic compounds due to the use of organic solvents in decorative paints and varnishes and vehicle refinishing products and amending Directive 1999/13/EC.
The Directive aims to prevent the negative environmental effects of emissions of volatile organic compounds (VOCs) from decorative paints and vehicle refinishing products. It lays down maximum limits for the VOC content of these products. The sub-categories of the relevant products are listed in Annex I to the proposal.
Product categories falling within the scope of the Directive can be marketed in the EU only if they comply with the specifications in Annex II. Such products must be labelled when placed on the market. Member States will develop a market surveillance system to verify the VOC content of the products covered by this Directive.
Each Member State will designate an authority to be responsible for ensuring conformity with the provisions of the Directive. A system of effective, proportionate and dissuasive penalties should be established for infringements.
Table 1 in the Directive shows estimates of VOC emissions by sector and source for 2010. According to Commission studies, this Directive could help to reduce VOC emissions by 280 kilotonnes per year until 2010.

Roadmaps for Bulgaria and Romania

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Roadmaps for Bulgaria and Romania

Outline of the Community (European Union) legislation about Roadmaps for Bulgaria and Romania

Topics

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

Enlargement > Enlargement 2004 and 2007

Roadmaps for Bulgaria and Romania

1) Objective

To draw up roadmaps setting out the main steps to be taken by Bulgaria and Romania to ensure that they are ready for accession.

2) Document or Iniciative

Communication from the Commission to the Council and the European Parliament of 13 November 2002 – Roadmaps for Bulgaria and Romania [COM(2002)624 – Not published in the Official Journal].

3) Summary

In its 2002 strategy paper for enlargement, the Commission indicated that roadmaps would be adopted for Bulgaria and Romania. They were in fact adopted at the Copenhagen European Council held on 12 and 13 December 2002. The communication contains these roadmaps, aimed at helping Romania and Bulgaria to meet the necessary criteria before accession (the European Council supports the efforts of both countries to join the Union in 2007). To achieve this goal, the roadmaps set out the tasks to be completed by these countries and provide additional financial assistance.

Among the tasks to be carried out, the roadmaps concentrate, in particular, on the administrative and judicial capacities required in the countries to enable them to implement the acquis and on economic reform.

The Commission proposes a substantial increase in the financial assistance for Bulgaria and Romania from the first wave of accessions (which should take place in May 2004). It proposes that the assistance should be increased gradually until 2006, when it should total 40% more than the average assistance granted to both countries from 2001 to 2003. All additional assistance will be conditional on making progress in line with the roadmaps and each country’s capacity to use the funds effectively. The instruments used will continue to be the same, in other words Phare, ISPA and SAPARD. Additional aid will be used to help Bulgaria and Romania prepare for participation in the Structural Funds.

The roadmaps cover the period up to the accession of Bulgaria and Romania and will be updated periodically in view of progress in the negotiations and developments in the countries.

The Commission will continue to monitor the progress and implementation of the commitments made at Bulgaria’s and Romania’s accession negotiations, in particular through the regular reports published each year. The next regular reports will contain an assessment of the implementation of the roadmaps.

Roadmap for Bulgaria

The roadmap for Bulgaria concentrates on administrative and judicial capacities, economic reform and the chapters of the acquis. The current situation in these three areas is described and steps to be taken are indicated. As regards administrative capacity, a reform strategy should be drawn up. As regards judicial capacity, the Commission expresses its support for the implementation of a strategy and action plan for the reform of the judicial system. As far as economic reform is concerned, priority should be given to the following aspects: the privatisation programme, development of small and medium-sized businesses, the programme to reduce and simplify licensing procedures, reform of the customs and tax administrations, bankruptcy procedures, development of financial intermediation, enforcement of property rights, transactions and prices of agricultural land, and public investment in education, the environment, health and infrastructure. Finally, for each of the chapters of the acquis, the necessary measures are indicated.

Roadmap for Romania

The roadmap for Romania also concentrates on administrative and judicial capacities, economic reform and the chapters of the acquis. The current situation in these three areas is described and steps to be taken are indicated. Key areas for the reform of the public administration and the reform of the judiciary are highlighted. The Commission will support these reforms through the Phare programme. Priority areas for the economic reform are set out: rate of inflation, inter-enterprise arrears, wage bill in the public sector, energy costs, tax reform, budgetary reform, bankruptcy procedures, development of financial intermediation, enforcement of property rights, transactions and prices of agricultural land, public enterprise reform, completion of privatisation in the banking sector, public investment in infrastructure, education, the environment and health, and reduction of State aid. Finally, for each of the chapters of the acquis, the necessary measures are indicated.

4) Implementing Measures

5) Follow-Up Work

This summary is for information only and is not designed to interpret or replace the reference document.

Readmission agreements with the countries of the western Balkans

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Readmission agreements with the countries of the western Balkans

Outline of the Community (European Union) legislation about Readmission agreements with the countries of the western Balkans

Topics

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

Enlargement > The stabilisation and association process: the western balkans

Readmission agreements with the countries of the western Balkans

Document or Iniciative

Council Decision 2005/809/EC of 7 November 2005 concerning the conclusion of the Agreement between the European Community and the Republic of Albania on the readmission of persons residing without authorisation.

Council Decisions 2007/817/EC, 2007/818/EC, 2007/819/EC and 2007/820/EC of 8 November 2007 on the conclusion of Agreements between the European Community and the Former Yugoslav Republic of Macedonia, the Republic of Montenegro, the Republic of Serbia and Bosnia and Herzegovina on the readmission of persons residing without authorisation.

Summary

Any western Balkan country which is not a member of the European Union (EU) and has signed a readmission agreement (“partner country”) shall readmit, at the request of a Member State, its nationals who do not comply with, or no longer comply with, the entry or residence conditions of that State. It agrees to readmit the person concerned if it is proven, or can be validly assumed, that he/she is a national of that country.

The partner country shall also readmit any third-country national who does not comply with, or no longer complies with, the entry or residence conditions of the requesting Member State if it is proven, or can be validly assumed, that the person in question entered directly and illegally into the Member State after staying in, or transiting through, the partner country.

The European Community (EC) has a similar commitment to the partner country: following a request from the authorities of the partner country, a Member State shall readmit any of its nationals who do not comply with, or no longer comply with, the conditions for entry or residence in the partner country, if it is proven, or can be validly assumed, that the person in question is a national of that Member State.

A Member State shall also readmit any third-country national who holds a visa or residence permit issued by that Member State or who has entered illegally and directly into the partner country after staying in, or transiting through, that Member State.

Readmission application

Any transfer of an individual to be readmitted must follow an application known as a “readmission application” submitted by the requesting State to the requested State. However, no application is required when the person is in possession of a valid travel document or an identity card and, where necessary, a visa or a residence permit issued by the requested State.

Readmission applications must include the following information and documentation concerning the person concerned: surname, forenames, date and place of birth, last place of residence, documents attesting his/her nationality, photograph, a note as to whether he/she requires help or care and information on any other protection or security measure which may be necessary for his/her transfer.

Evidence

For the readmission of nationals of the partner country or Member States, readmission agreements list the documents which make it possible to establish:

  • proof of nationality without any further investigation being required;
  • prima facie evidence of nationality. In such cases, the Member States and the partner country shall consider that nationality has been established unless there is proof to the contrary.

For the readmission of third-country nationals, the readmission agreements list the documents which constitute evidence making it possible to establish:

  • proof that the readmission conditions have been fulfilled;
  • prima facie evidence that the readmission conditions have been fulfilled. In such cases, the Member States and the partner country shall consider that the readmission conditions have been fulfilled unless there is proof to the contrary.

Time limits

The requesting State must submit readmission applications for third-country nationals at most one year after becoming aware of the facts.

Replies to applications shall be provided in writing within a set time limit (e.g. 10 days for the readmission agreement with Bosnia and Herzegovina, 12 days for the readmission agreement with Montenegro, 14 days for the readmission agreement with Albania) from the date of receipt of the readmission application. For some readmission agreements, such as those with Serbia and the Former Yugoslav Republic of Macedonia, this time limit is reduced if the individual is apprehended in the border region of the requesting State. By contrast, it may also be extended by a maximum of six days in certain circumstances.

If there is no reply within the extended time limit, the transfer shall be deemed to have been approved. If the application is rejected, the readmission shall not take place. Rejection decisions must be justified by the requested State. If the application is accepted, the readmission shall take place. In principle, transfers are organised within the three months following acceptance. This deadline may be extended.

How transfers take place

Before repatriating a person, the authorities of the partner country and the Member State concerned shall agree matters in advance in writing, particularly as regards the date of the transfer, the entry point and any escorts which may be required.

Repatriation may take place by air or over land. Air transport may take place on scheduled or charter flights.

Costs

In readmission operations, all transport costs as far as the border of the State of final destination shall be borne by the requesting State.

Joint committees

Joint committees are set up to monitor implementation of each agreement.

Background

Following the outcome of the EU-Western Balkans summit in Thessaloniki on 21 June 2003 (“Thessaloniki Agenda”), the EU institutions began negotiations with a view to concluding readmission agreements with all the countries in the region.

On 13 November 2006, the Council authorised the Commission to begin negotiating readmission agreements with Serbia, Bosnia and Herzegovina, Montenegro and the Former Yugoslav Republic of Macedonia. These negotiations led to the adoption by the Council on 8 November 2007 of Decisions providing for the conclusion of the agreements.

As regards Albania, the process dates back further. On 28 November 2002, the Council authorised the Commission to begin negotiations on a readmission agreement. These negotiations led to the adoption by the Council of a Decision providing for the conclusion of the agreement.

References

Act Entry into force – Date of expiry Deadline for transposition in the Member States Official Journal
Decision 2005/809/EC of 7 November 2005
Republic of Albania
[adoption: consultation CNS/2003/0033]		 7.11.2005 – OJ L 304 of 23.11.2005
Decision 2007/817/EC of 8 November 2007
Former Yugoslav Republic of Macedonia
[adoption: consultation CNS/2007/0147]		 8.11.2007 – OJ L 334 of 19.12.2007
Decision 2007/818/EC of 8 November 2007
Republic of Montenegro
[adoption: consultation CNS/2007/0146]		 8.11.2007 – OJ L 334 of 19.12.2007
Decision 2007/819/EC of 8 November 2007
Republic of Serbia
[adoption: consultation CNS/2007/0153]		 8.11.2007 – OJ L 334 of 19.12.2007
Decision 2007/820/EC of 8 November 2007
Bosnia and Herzegovina
[adoption: consultation CNS/2007/0142]		 8.11.2007 – OJ L 334 of 19.12.2007