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Action plan on animal welfare 2006-2010

Outline of the Community (European Union) legislation about Action plan on animal welfare 2006-2010

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

Food safety > Animal welfare

Action plan on animal welfare 2006-2010

For the period 2006-2010, the EU is planning general measures aimed at ensuring animal welfare and protection. The measures will focus on improving standards, developing research and indicators, informing professionals and consumers and taking action at international level.

Document or Iniciative

Communication from the Commission to the European Parliament and the Council of 23 January 2006 on a Community Action Plan on the Protection and Welfare of animals 2006-2010 [COM(2006) 13 – Official Journal C 49 of 28.02.2006].

Summary

The action plan describes the measures the Commission intends to implement between 2006 and 2010 with the aim of developing and guaranteeing animal welfare and protection within the European Union (EU) and in other parts of the world. Its objective is to clarify Community legislation and make provisions for proposals in areas where it is insufficient.

The Commission would like to achieve the following objectives:

define more clearly EU action on animal welfare;
continue to promote high standards in this field;
provide greater coordination of resource;
support research and promote alternatives to animal testing;
ensure the coherence and coordination of all EU policies on animal welfare;

The action plan defines five main fields of interlinked action with the aim of achieving the stated objectives:

upgrading minimum standards
promoting research and substitute methods for animal testing;
introducing welfare indicators ;
ensuring that professionals and the general public are better informed;
supporting international initiatives for animal protection.

In terms of minimum standards, the action plan would reinforce the existing Community regulation in line with latest scientific knowledge, practical experience and progress in international fora.It also suggests that the minimum standards should be extended to cover species and issues currently not adequately provided for under EU legislation. Emphasis will inter alia be put on the respect of animal welfare by means of other policies, especially the Common Agricultural Policy (conditions for assistance, possible help in rural development policy).

The action plan recommends encouraging research projects that fill in the gaps and provide a sound scientific framework upon which future developments of EU policy on animal protection and welfare can be based. In addition, it proposes the creation of a European centre or laboratory, whose mission would be to collect, coordinate and exchange information on research and activities. The plan also emphasises the application of the 3Rs Declaration (replacement, reduction and refinement) defined at European level with regard to animal testing.

The action plan is hoping to introduce standardised animal welfare indicators. These indicators would guarantee that the minimum standards or stricter standards have been respected. The action plan also suggests that a Community label be created in order to promote products elaborated under higher animal welfare standards.

The action plan underlines the importance of training professionals, especially in order to disseminate good practice, and of informing consumers to enable them to make more enlightened choices on their purchases.

Under the action plan, the EU will continue to promote animal welfare standards within international fora such as the International Office of Epizootics (IOE) and the European Council. The plan advocates promoting the recognition and importance of these standards within the World Trade Organisation. Closer cooperation is also envisaged between the EU and countries that apply high standards and with developing countries.

The measures foreseen in the action plan will be assessed regularly in order to evaluate the progress made and to program complementary action after 2010.

Context

The action plan responds to the principles laid down in the protocol on animal welfare and protection annexed to the Treaty establishing the European Community (EC Treaty). This protocol recognises that animals are sentient beings and that full regard should be paid to animal welfare concerns when formulating or implementing policies relating to agriculture, transport, research and the internal market.

The impact study accompanying the action plan takes stock of the anticipated benefits of the action plan, of the existing legislation and of the research undertaken.

Since 1974, European legislation has been developed with a view to protecting animals and ensuring their well-being on farm holdings, during transport and at the time of slaughter.

Related Acts

Report from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions – Options for animal welfare labelling and the establishment of a European Network of Reference Centres for the protection and welfare of animals [COM(2009) 584 final – Not published in the Official Journal].

The Commission wishes to improve information for European consumers on animal welfare matters. In order to do this, it is launching a debate on the labelling of consumer products. By enabling consumers to identify and choose animal welfare-friendly products, the Commission hopes to encourage producers to improve their practices in order to satisfy demand.
This Report should enable the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions to conduct this debate, specifically in the following areas:

consumer awareness of animal welfare;
animal welfare-friendly products;
the terms used on products;
third country producers’ access to voluntary certification systems, in compliance with the principles of the World Trade Organisation (WTO);
indicators and methods of measuring animal welfare;
coordinating centres of scientific research.

Action programme to combat discrimination

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Action programme to combat discrimination

Outline of the Community (European Union) legislation about Action programme to combat discrimination

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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

Action programme to combat discrimination (2001-2006)

This Decision establishes an action programme to support and complete the action taken by Member States to combat all forms of discrimination. From 1 January 2007, this programme is replaced by the PROGRESS Community programme.

Document or Iniciative

Council Decision 2000/750/EC of 27 November 2000 establishing a Community action programme to combat discrimination (2001 to 2006).

Summary

The goal of this programme was to encourage concrete measures to combat discrimination and to supplement the activities (mainly legislative) of the European Union (EU) and the Member States. Discrimination where a person or group of persons are treated less favourably on the grounds of the characteristics indicated in the Treaty (race, religion, disability, age, sexual orientation, etc.) or if the application of an apparently neutral provision is liable to adversely affect this person or group for the same reasons.

The EU wishes in particular:

to improve the knowledge and appraisal of the phenomenon through the evaluation of the effectiveness of policies and practice;
to develop the capacity of target actors (local authorities, independent bodies, social partners, non-governmental organisations (NGOs), etc.), through exchange of information and good practices and the creation of European networks, which in this way will be able to anticipate and tackle discrimination;
to promote and disseminate values and practices underlying the fight against discrimination (a particularly important aspect with the prospect of enlargement).

Actions and method

Through this programme, the EU supported the following transnational actions:

analysis of factors linked to discrimination (gathering of statistics, studies, evaluation of the effectiveness of policies and dissemination of results);
transnational cooperation between the target actors and creation of European networks of NGOs;
awareness-raising as regards the European dimension of the fight against discrimination.

These actions were carried out thanks to active cooperation between the Commission, the Member States and civil society. A regular exchange of views between NGOs and the social partners on the design, implementation and follow-up of the programme was organised by the Commission.

An advisory committee, composed of representatives of the Member States and chaired by the representative of the Commission, assisted the Commission in preparing general guidelines for implementation of the programme, the budget and the annual work plan.

The Commission had to ensure overall consistency of combating discrimination with other EU policies, instruments and actions relating to research, employment, equality between women and men, social inclusion, education, training and youth policy and external relations. Together with the Member States, it coordinated the actions adopted under this programme and under the Structural Funds and the Community Initiative EQUAL.

The European Free Trade Association/European Economic Area countries and the applicant countries were free to participate in the programme.

The budget for the period 2001-2006 was EUR 98.4 million.

Background

Following the entry into force of the Amsterdam Treaty, the European Union is empowered to take appropriate action to combat discrimination based on sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation (Article 13 of the EC Treaty).

Community measures to promote equality between men and women were first adopted in the 1970s. On the basis of the experience gained in this area in the field of legislation and practice, the Commission proposed a broader action programme aimed at combating all forms of discrimination referred to in the Treaty, other than discrimination based on gender, which is still the subject of a specific action.

This programme, replaced by the PROGRESS Community programme from 1 January 2007, included a raft of initiatives designed to establish common principles for combating discrimination. A Communication [COM(1999)564 final] sets out the general framework for EU action and, besides the action programme, includes a legislative strand consisting of two directives designed to ensure equal treatment between persons irrespective of racial or ethnic origin, on the one hand, and in relation to employment and occupation, on the other.

References

Act	Entry into force – Expiry date	Deadline for transposition in the Member States	Official Journal
Decision 2000/750/EC	2.12.2000 – 31.12.2006	1.1.2001	OJ L 303 of 2.12.2000

Accession strategies for the environment

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Accession strategies for the environment

Outline of the Community (European Union) legislation about Accession strategies for the environment

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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

Accession strategies for the environment

1) Objective

Commission strategy on the incorporation of the environmental Community acquis into the legislation of the candidate countries in Central and Eastern Europe.

2) Community Measure

Communication from the Commission to the Council, the European Parliament, the Economic and social Committee, the Committee of the Regions and the candidate countries in Central and Eastern Europe of 20 May 1998 on accession strategies for the environment: meeting the challenge of enlargement with the candidate countries in Central and Eastern Europe.

3) Contents

The Commission communication sets out the Union’s pre-accession strategy for the Central and Eastern European countries (CEEC). Its aim is to supplement the Partnerships for accession and to help the candidate countries improve their national programmes for the adoption of the Community acquis.

The Commission focuses on the environmental issues which affect the ten Central and Eastern European candidates, but not Cyprus, which will be dealt with in a separate document in view of the island’s special situation.

Enlargement of the Union to include the CEEC is an environmental challenge on a scale which cannot be compared to previous accessions. There is a large gap between levels of protection in the EU Member States and the CEEC. Full compliance with the Community’s environmental acquis will probably be achievable only in the long term. However, integration of these countries will provide a considerable increase in biodiversity within Europe in view of their vast areas of unspoilt nature.

The Commission has drawn up a special strategy within the framework of Agenda 2000. In its view, the candidate countries should define and start implementing realistic national strategies before accession to bring about gradual alignment in the long term. This strategy must include priority areas of action, key objectives to be attained by the date of accession, and timetables for the subsequent achievement of compliance. The communication therefore sets out details to be taken into account by the candidate countries when drafting their national policies.

The challenges to be met by the Central and Eastern European countries are of several kinds:

the legislative challenge: transposition of the environmental acquis requires a preliminary comprehensive analysis of the laws of the CEEC in order that priorities may be established;
the institutional challenge: the candidate countries need to strengthen their administrative structures, become more efficient and coordinate the departments responsible for managing environment policy;
the financial challenge: the formulation of financing strategies is essential and should be given immediate priority (region-wide estimates put the total investment costs of meeting the environmental acquis at EUR 100-120 billion).

The main sector-specific challenges:

air pollution: this is largely due to emissions from stationary sources (power plants and district heating installations). The first step must be to identify zones and agglomerations where EU limits are being exceeded; it is equally important to modernise refineries so that they comply with European standards;
waste management: steps for the approximation of legislation have accelerated in some countries since 1997 (national investment programmes, modernisation of incinerators);
water pollution: major investment programmes to improve drinking water quality and waste water management are under way in most of the countries; however, little progress has been made in transposing and applying the “nitrates” Directive;
industrial pollution control and risk management: this area needs special attention on the part of the candidate countries since they have numerous heavily-polluting industrial and energy production facilities (transposition and implementation of the “Seveso” Directive would considerably reduce the risk of serious accidents);
nuclear safety and radiation protection: all of the countries have recently adopted a basic law, which needs to be supplemented by additional legislation in order to ensure full transposition (this legislation is also required in countries which do not produce nuclear power).

The Commission has come up with a set of priority objectives which will help the candidate countries draw up their National Programmes for the Adoption of the Acquis (NPAA). These priorities must be determined on the basis of a detailed analysis of the environmental situation in each country. The Commission believes that all these countries have serious problems relating to:

air pollution;
water pollution;
waste management.

The candidate countries must fill in the gaps in their legislation and administrative rules to improve the environment while at the same time improving the economy and competitiveness. On this subject, the Commission’s 1997 Staff Working Paper “Guide to the approximation of the European Union environmental legislation” identifies the main problems faced by the candidate countries and describes the steps to be taken.

When developing their National Programmes, the candidate countries therefore need to consider:

how programmes to promote energy efficiency, cleaner technologies and waste minimisation and recycling can be integrated into their national economic and sectoral policies;
how industrial and agricultural production can be guided towards sustainable development;
how the environmental gains can be maintained during the transition period.

Application of the environmental acquis will require the creation of costly infrastructure for:

the supply of drinking water;
waste water management;
large combustion plants;
waste management.

Since it is generally less costly to introduce pollution reduction measures as an integral part of a new physical investment than to retrofit existing installations, Agenda 2000 states that “all new investments should comply with the acquis“. Community funding will be conditional on compliance with this requirement. The international financing institutions should be encouraged to apply this condition as well.

The candidate countries must themselves mobilise the resources they need to implement the environmental acquis. However, the Community and the Member States (bilateral programmes) have an important role to play.

The Commission has in particular intensified its efforts in the environmental sector through the Phare programme and by encouraging the candidate countries which so wish to participate in the Community financial instrument for the environment (LIFE).

Community pre-accession assistance for the environment has increased considerably since the year 2000, in particular through the instrument for structural policies for pre-accession (ISPA), which is concerned with the environment and transport.

To enable resources to be used efficiently, it is important to coordinate, focus and target outside aid. The Commission has therefore decided to broaden the dialogue and cooperation with the Member States and the international financial institutions. It will also provide both legal and administrative technical assistance and advice to the candidate countries regarding implementation of the environmental acquis.

Enlargement offers challenges and opportunities for the environment not only in the candidate countries, but for Europe as a whole. It should therefore be seen as part of the process of sustainable development by integration of environmental issues into all policy areas.

4) Deadline For Implementation Of The Legislation In The Member States

Not applicable

5) Date Of Entry Into Force (If Different From The Above)

Not applicable

6) References

COM(98) 294 final
Not published in the Official Journal

7) Follow-Up Work

Communication –COM (2001) 304

Communication from the Commission of 8 June 2001 on the challenge of environmental financing in the candidate countries.
The purpose of this communication is to help the candidate countries draw up credible financing plans and identify sources of financing for the necessary environmental investments. It starts by citing the key environmental directives requiring heavy investment (see Annex 1). It recommends that candidate countries start by deciding on their investment priorities, both between and within environment-related sectors. Criteria are set out for consideration during prioritisation. The communication tells candidate countries how to produce investment programmes. It also indicates the various sources of investment and how accessible they are.

8) Commission Implementing Measures

Action plan on Organ Donation and Transplantation

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Action plan on Organ Donation and Transplantation

Outline of the Community (European Union) legislation about Action plan on Organ Donation and Transplantation

Topics

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

Public health > Threats to health

Action plan on Organ Donation and Transplantation

Document or Iniciative

Communication from the Commission of 8 December 2008 – Action plan on Organ Donation and Transplantation (2009-2015): Strengthened Cooperation between Member States [COM(2008) 819 – Not published in the Official Journal].

Summary

The European Commission is presenting an Action Plan with the aim of strengthening cooperation between Member States in terms of organ donation and transplantation. This plan is also accompanied by a Proposal for a Directive on standards of quality and safety of human organs intended for transplantation.

This Action Plan lays down ten priority actions grouped under three challenges:

increasing organ availability;
enhancing the efficiency and accessibility of transplantation systems;
improving quality and safety.

Priority Actions for increasing organ availability

It is essential to increase the number of organ donors. To this end, the Plan advocates the appointing of transplant donor coordinators in all hospitals practising organ donation.

Hospitals must also promote Quality Improvement Programmes for organ donation, through a specific methodology. Existing methods are to be compared and those giving most results will be promoted.

Exchange of good practice is also strongly encouraged in the field of organ donation from living donors (concerning deceased donors, it is recommended that the potential of donations be maximised). In this regard, altruistic donation programmes should be set up, whilst storing personal data on donors in line with Directive 95/46/EC.

Good communication within families can have positive consequences on willingness to donate organs by family members. This is why health professionals and patient support groups are to strengthen communication and organise training in this field with families in order to increase organ donation potential.

Mobility of patients and donors should also be prioritised as part of cooperation between Member States. It should be possible to identify all donors in the Union. Tools are to be made available by the Commission to this end.

Priority Actions for enhancing the efficiency and accessibility of transplantation systems

Each Member State should prepare a national programme of priority actions to enhance the efficiency of transplantation systems. In particular, a series of common indicators shall be established to monitor organ donation policy.

The Action Plan strongly supports the drawing up of Community agreements on various aspects of transplant medicine. Cooperation is the best framework to generate joint solutions and monitoring mechanisms.

The Action Plan also invites Member States to establish Community agreements on the monitoring of the extent of organ trafficking in Europe. This trafficking is indeed a scourge in that it is one of the causes of the lack of available organs.

Member States are also invited to introduce a system or structure for the exchange of organs in particular for urgent cases and difficult to treat patients (such as children or patients requiring specific treatment).

Priority actions for improving quality and safety

Information concerning organ donations and transplantation should be compiled in registers to facilitate the evaluation of post-transplantation results. This information will be used in particular to develop good medical practices and to prepare a method to compare performance for the monitoring of organ recipients.

An accreditation system for organ donation, procurement and transplantation programmes should be established as part of a common methodology.

Context

As the Communication Organ donation and transplantation: Policy actions at European Union level had already pointed out, demand for organs outweighs supply all over the European territory. There are currently more than 56 000 patients waiting for an organ from a suitable donor. These shortages generate organ trafficking which is a violation of human dignity and fundamental rights. It is for this reason that Member States should strengthen cooperation in order to preserve organ quality and safety.

Related Acts

Proposal for a Directive of the European Parliament and of the Council of 8 December 2008 on standards of quality and safety of human organs intended for transplantation [ – Not published in the Official Journal].

This Proposal for a Directive on quality and safety standards for human organs intended for transplantation establishes a legal framework in this field.

Action plan to combat VAT fraud in the European Union

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Action plan to combat VAT fraud in the European Union

Outline of the Community (European Union) legislation about Action plan to combat VAT fraud in the European Union

Topics

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

Taxation

Action plan to combat VAT fraud in the European Union

Document or Iniciative

Communication from the Commission to the Council, the European Parliament, the European Economic and Social Committee on a coordinated strategy to improve the fight against VAT fraud in the European Union [COM(2008) 807 final – Not published in the Official Journal].

Summary

The European Commission presents a short-term plan, the aim of which is to achieve a coordinated strategy to combat tax fraud within the internal market. Three types of measure are proposed.

Scope

This Communication deals with the fight against VAT fraud and the recovery of this tax.

Preventing VAT fraud

The Commission proposes a set of measures to enhance tax systems and tax cooperation, with a view to the prevention of VAT fraud.

Firstly, the Commission proposes to introduce minimum Community standards for the registration and deregistration of traders in the VIES system in order to improve the reliability of information contained in the system.

Traders must also be able to have electronic confirmation of the name and address of business partners who are subject to VAT.

The harmonisation and simplification of invoicing rules is also planned in order to reduce the administrative burdens on business and to facilitate controls. These measures include for example common storage periods and harmonised rules concerning invoice dates.

In addition, the notion of the date of chargeability of VAT for intra-Community deliveries of goods and the provision of services should be harmonised to ensure that reporting takes place in both of the Member States concerned at the same time.

Detecting VAT fraud

In order to improve the detection of VAT fraud, the Commission intends to adopt measures to increase the effectiveness of Tax Administrations and in particular to promote better reporting between Member States in intra-Community transactions.

Rules are also proposed concerning VAT exemption on imports to better control these transactions.

The Commission is also seeking to enhance cooperation between Member States in the field of administrative cooperation. It is crucial that certain information be exchanged automatically. Many actions funded by the Fiscalis programme have already been implemented to this effect.

The establishing of a legal framework is proposed, allowing the competent authorities of one Member State to have automated access to specific data contained in the database of another Member State relating to the identification and activities of a trader.

Finally, the creation of a European network Eurofisc for early warning on the risks of VAT fraud and the analysis of these risks is proposed.

Collection and recovery of taxes

The Commission intends to propose measures to enhance the possibilities for Tax Administrations to recover VAT losses in cross border cases.

The principle of joint and several liability for tax losses should be applied to traders who do not provide the required information concerning intra-Community operations when this omission is the cause of tax losses.

The Commission also provides for the harmonisation of instruments laying down enforcement or precautionary measures with the aim of reducing administrative burdens and increasing the effectiveness of recovery.

It is also necessary to guarantee the appropriate protection of all VAT revenue in all Member States by all Member States.

Legislative proposals

The measures described above are in the form of four packages concerning:

the reduction of timeframes to speed up the exchange of information between Member States;
collection and recovery of taxes in cross border situations;
enhancing administrative cooperation between Member States;
certain aspects of the fight against fraud and invoicing.

Reflection on a longer term scale

The Commission suggests creating an ad hoc group involving tax authorities and representatives of large as well as small and medium-sized enterprises. The objective of this ad hoc group would be to examine how the use of IT tools could improve, to the mutual benefit of all parties, the relationship between taxpayers and tax authorities in terms of VAT obligations, audit, and communication in general.

Context

This short term action plan is the fruit of a long debate launched in 2006 by the Communication which dealt with the necessity of developing a coordinated strategy with a view to stepping up the fight against tax fraud. Different European institutions have looked into the question, as have Member States and representatives of the business world.

The action plan revises the VAT anti-fraud strategy.

A concerted strategy for modernising social protection

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A concerted strategy for modernising social protection

Outline of the Community (European Union) legislation about A concerted strategy for modernising social protection

Topics

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

Employment and social policy > Social protection

A concerted strategy for modernising social protection

Document or Iniciative

Communication from the Commission to the Council, the European Parliament, the Economic and Social Committee and the Committee of the Regions. A concerted strategy for modernising social protection [COM(1999) 347 final – Not published in the Official Journal].

Summary

Social protection systems provide people with income in times of need and allow them to accept and embrace economic and social change. In this way they promote both social cohesion and economic dynamism.

Expenditure on social protection accounts for 28.5% of Community GDP, the bulk of which (63%) is spent on pensions and health care. Its role in the redistribution of income is immense: in the absence of social transfer payments almost 40% of households would live in relative poverty, a figure which is reduced through tax and benefit systems to 17%.

The social protection systems face a series of significant common challenges – for example, the need to adapt to the changing world of work, new family structures and the dramatic demographic changes of the forthcoming decades. In response to these challenges, a joint reflection has been underway at EU level, based on three documents:

the Council Recommendation 92/442/EEC of 27 July 1992 on the convergence of social protection objectives and policies;
the Communication from the Commission of 31 October 1995 on the future of social protection: a framework for a European debate;
the Communication from the Commission of 12 March 1997 on modernising and improving social protection in the European Union.

Besides, the Dutch, Luxembourg, UK and Austrian Presidencies have all organised important conferences focusing on different aspects of the issue. Finally, the European institutions and civil society have come out in favour of reform, in order to maintain and strengthen social protection.

It has been generally recognised that strong social protection systems are an integral part of the European social model. Social protection provides not only safety nets for those in poverty; it can also facilitate adaptability in the labour market and can thus contribute to improving economic performance. Hence, social protection is a productive factor.

We have also seen a number of important changes in the EU, notably:

the completion of the single market and the establishment of a single currency;
the ratification of the Treaty of Amsterdam, in particular the new employment title and the new legal base for the fight against social exclusion;
enlargement with the countries of eastern and central Europe, Malta and Cyprus.

In March 1999 the European Parliament invited the Commission to launch a process for the concerted approximation of objectives and policies in the social policy field, on the basis of the European employment strategy. In this communication the Commission proposes a concerted strategy for modernising social protection. This strategy is based on an exchange of experiences, the political debates, and the follow-up of the current policy with a view to identifying best practices. The Commission calls on the Member States to achieve the following objectives:

Make work pay and provide secure income

The characteristics of today’s labour market are very different from those which obtained when the Member States established their social protection systems (high overall unemployment; a high share of young, female and long-term unemployed; career breaks; changing household patterns; the emergence of new working arrangements etc.). Hence, the social protection systems must now offer workers and jobseekers active help, in particular by promoting employability and adaptability, and must create strong incentives to work and to make work pay:

tax systems must make work more advantageous for jobseekers;
social protection systems must reflect and respond to the emergence of new working arrangements (temporary and part-time contracts, self-employment);
social protection systems must provide the necessary income bridge and the active help necessary to prevent a temporary gap between jobs from sliding into long-term unemployment;
social protection should contribute to reconciling work and family life;
the financing of social protection must take account of the need to provide systems with resources adequate to attain their objectives, the need to avoid a negative impact on employment and the need for budgetary discipline.

Make pensions safe and pension systems sustainable

The fundamental objective is to provide people with a securely funded and adequate pension. This may involve finding an appropriate balance between funded and pay-as-you-go systems. Hence, the Commission emphasises:

the need to anticipate the impact of demographic ageing on social protection systems;
the design and reform of pension systems should discourage early withdrawal from the labour market, encourage flexibility in retirement arrangements and promote active participation by older people in the light of the Community;
the need to combat poverty among older women, resulting from their low participation in employment combined with changes in household structures;
the need to promote active ageing.

Promote social integration

Social protection has a key role to play, in conjunction with other policy instruments, in combating social exclusion and promoting social inclusion. Social protection systems should:

ensure effective safety nets, consisting of minimum income benefits and accompanying provisions;
focus on prevention, fostering active rather than passive measures and providing incentives and pathways to (re)integration into the labour market and society;
contribute to a comprehensive and integrated approach to fighting social exclusion, including all relevant policies and players.

Ensure high quality and sustainability of health care

Every one should be in a position to benefit from systems to promote health care. However, demand on health systems is increasing and will continue to do so because of demographic ageing. Constant innovation in medical technology can bring great benefits but also increases costs. Hence, it is important to:

contribute to improving the effectiveness and efficiency of the health systems within available resources;
ensure that all can have access to high quality health services and reduce health inequalities;
strengthen support for long-term care of frail elderly people;
focus on illness prevention and health protection as the best way to tackle health problems, reduce costs and promote healthier life.

Promote closer cooperation

The Commission wants the Council to decide on a framework for closer cooperation based on the exchange of experience, mutual concertation and evaluation of ongoing developments with a view to identifying best practices.

Each Member State is also invited to designate a high level senior official to act as focal point for exchange and information gathering activities. The Commission will regularly organise meetings of these officials to analyse and evaluate the progress made.

Monitoring and implementation of the strategy

To assist Member States in this process and to monitor ongoing policy developments, the Commission will in future publish its report on social protection on an annual instead of a biennial basis. This report will be drawn up in close consultation with the Member States and will reflect the broad objectives the Council is invited to adopt in the context of the concerted strategy. It will be based on contributions from Member States and will highlight key policy developments. The Commission will invite the Council to examine the annual report on social protection in conjunction with the joint report on employment.

The Commission invites the other Community institutions, notably the European Parliament, the Economic and Social Committee and the Committee of the Regions, as well as the social partners, the non-governmental organisations and the social security institutions to contribute to this process.

More recently, the EU began to promote closer cooperation between the Member States on modernisation of the social protection systems. This cooperation is achieved by:

strengthening the open method of coordination, which was developed in the fields of social inclusion and pensions in particular;
the creation of the Social Protection Committee in 2004, responsible for promoting cooperation in social protection policies between the Member States and the Commission;
ensuring good coordination of national social security systems, modernisation appropriate to Europeans moving within the Community and subject to different social protection systems.

This modernisation has also been launched in the fields of health care and long term care and in response to the question ” making work pay ” which aims to promote employability and ensure a high level of social protection for all. MISSOC (the mutual information system on social protection) has also become a key source of information on the state of social protection in Europe. Thanks to the updating of the comparative tables and specific information bulletins, the modernisation of social protection continues to be developed.

Related Acts

Commission Report (2004). Social situation in the European Union [Not published in the Official Journal] [ ]

Commission Report (2003). Social situation in the European Union [Not published in the Official Journal] [ ]

Commission Report (2002). Social situation in the European Union [Not published in the Official Journal] [ ]

Commission Report (2001). Social situation in the European Union [Not published in the Official Journal] [ ]

Commission Report (2000). Social situation in the European Union [Not published in the Official Journal] [ ]

Active inclusion of people excluded from the labour market

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Active inclusion of people excluded from the labour market

Outline of the Community (European Union) legislation about Active inclusion of people excluded from the labour market

Topics

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

Employment and social policy > Social inclusion and the fight against poverty

Active inclusion of people excluded from the labour market

Document or Iniciative

Commission Recommendation 2008/867/EC of 3 October 2008 on the active inclusion of people excluded from the labour market [Official Journal L 307 of 18.11.2008].

Summary

With this Recommendation, the Commission is encouraging Member States to take action for the active inclusion of people excluded from the labour market. To this end, the Commission recommends that the Member States draw up and implement an integrated comprehensive strategy. The strategy should be composed of the following three strands:

sufficient income support;
inclusive labour markets;
access to quality services.

The actions should support the employment of those who can work, providing the resources required for a dignified life, and promote the social participation of those who cannot work.

The Member States are further recommended to ensure that the inclusion policies are effective. This should be done by:

combining the above three strands of the strategy in an appropriate manner;
implementing the strategy in an integrated manner across the three strands;
coordinating the policies among authorities at local, regional, national and European Union (EU) level;
including all relevant actors in the development, implementation and evaluation of the strategy.

In particular, the inclusion policies should take account of fundamental rights, the promotion of equal opportunities for all, the specific needs of disadvantaged and vulnerable groups and the local and regional contexts. In addition, the inclusion policies should contribute to preventing the intergenerational transmission of poverty.

Furthermore, the Commission recommends that the Member States organise and implement active inclusion policies with the detailed set of common principles and practical guidelines put forward in the document. With regard to:

sufficient income support, Member States should recognise and implement the right of individuals to adequate resources and social assistance as part of consistent and comprehensive efforts to fight social exclusion;
inclusive labour markets, Member States should provide assistance for those who can work to enter or re-enter and stay in employment that best relates to their capacity to work;
access to quality services, Member States should ensure that proper social support is given to those that require it, in order to promote social and economic inclusion.

The Member States are also recommended to ensure that the necessary resources and benefits are provided under the social protection instruments, taking into account the economic and budgetary constraints. Active inclusion measures may also be funded from the Structural Funds. Information about the rights and support measures available to all must be publicised widely, and if possible, through electronic means.

In addition, Member States should simplify administrative procedures. At the same time, access for the public to the appeals systems should be made easier.

Finally, the Commission is also recommending that the Member States take steps to enhance indicators and statistical data on active inclusion policies. The Open Method of Coordination (OMC) on social protection and inclusion should be employed for monitoring and evaluating these policies on the basis of close collaboration between the Social Protection and the Employment Committees and with the support of the activities funded by the Progress programme.

The active inclusion measures should be aligned with the social cohesion objectives of the Lisbon Strategy.

Background

Poverty and social exclusion are addressed, in particular, in the Council Recommendation 92/441/EEC of 24 June 1992 on common criteria concerning sufficient resources and social assistance in social protection systems. While this Recommendation still applies, additional measures need to be taken to implement it fully. Subsequent instruments include, among others, the OMC on social protection and inclusion and the European employment strategy. Furthermore, the persisting problems, especially in terms of poverty and joblessness, require that social protection systems are modernised and that comprehensive and integrated policies are initiated. These are the objectives of the “active inclusion” approach that complements social assistance benefits with support to enter the labour market and with access to quality services.

A concerted effort to establish a European financial area

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A concerted effort to establish a European financial area

Outline of the Community (European Union) legislation about A concerted effort to establish a European financial area

Topics

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

Internal market > Single market for capital

A concerted effort to establish a European financial area

Document or Iniciative

Communication from the Commission to the Council of 23 May 1986 on the programme for the liberalisation of capital movements in the Community [COM(1986) 292 final – not published in the Official Journal].

Summary

The purpose of this Communication is to present the major phases in the Commission’s proposed approach, so as to arrive at as liberal as possible a Community system of capital movements. It looks at the implications for the effective integration of financial markets and for the coordination of Member States’ monetary and financial policies since in 1986 the euro did not yet exist.

Liberalisation of capital movements

In the Commission’s view, there are three categories of operation concerned by the progressive liberalisation of capital movements:

capital operations: operations such as commercial credits or direct investments are linked to the exercise of the other fundamental freedoms of the common market (free movement of goods and services, free movement of persons and freedom of establishment);
operations in financial market securities: the liberalisation of financial securities such as bonds or shares requires a single financial market at European level;
operations involving financial credits: the liberalisation of operations involving financial credits and operations relating to money market instruments is necessary for the establishment of a unified financial system.

The Commission notes that, as each threshold is crossed, growing constraints are imposed on the Member States, whose situation changes in terms of their policy choices. The room for manoeuvre which Member States have in settling potential conflicts between the internal and external objectives of their monetary policy actually depends on a number of factors, such as the level of development of their domestic financial system, the structural characteristics of their balance of payments, the importance of the national currency as a reserve or exchange instrument, etc.

Main phases in the liberalisation process

The Commission proposes two main phases for achieving the liberalisation of capital movements:

liberalisation of capital operations;
total freedom of capital movements.

The liberalisation of capital operations, which is needed for the common market to function smoothly, involves both ending exceptional arrangements and extending Community obligations as regards liberalization. Ending exceptional arrangements includes, for example, the safeguard clauses that certain Member States (France, Ireland, Italy and Greece) have secured with a view to maintaining certain restrictions on capital movements. The Commission wants to extend the Union’s competences concerning the free movement of capital and highlights the need for the total freedom of capital movements. This should apply to operations that are still excluded under Community law, such as financial loans, money market operations, deposits and balances on current accounts, etc. so that competition can function normally.

The Commission poses the question whether all the Member States are capable of moving towards this objective at the same speed. Any differentiation to be made between the Member States in the liberalization process should not be introduced below a uniform level of Community obligations. However, through its instruments for supporting balances of payments, the Community must be able to offer Member States which are faced with special constraints the means of overcoming them. In the long term, the Commission is working on a system of unconditional liberalisation under which recourse to safeguard clauses such as those provided for in the Treaty (Articles 108, 109 and 73) will still be possible. It considers that it is important for liberalisation to be paralleled by provisions designed to ensure the cohesion and identity of the financial area, e.g. regarding the conduct of monetary policy:

cohesion of the European financial area: A Community-wide integrated financial system is instrumental in commercial integration and in the convergence of economic and monetary policies. The parallel progress made by these two forms of integration requires cohesion between policies and Community provisions, such as protection for users of financial services.
conduct of monetary policies: The full convertibility of the European currencies, while respecting the exchange criteria of the European Monetary System (EMS), will create new conditions for the management of the financial system. Similarly, the reinforcement of internal coordination will raise questions with regard to the Community’s external monetary relations.

Lastly, the Commission sets out a timetable for the forthcoming initiatives which it plans to take, including presenting legislative proposals on the European financial area and initiating a forward study on the implications of financial integration for monetary cooperation and the liberalisation of financial services, etc.

Achieving the free circulation of capital

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Achieving the free circulation of capital

Outline of the Community (European Union) legislation about Achieving the free circulation of capital

Topics

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

Internal market > Single market for capital

Achieving the free circulation of capital

Document or Iniciative

Council Directive 88/361/EEC of 24 June 1988 for the implementation of Article 67 of the Treaty.

Summary

The directive enshrines the principle of full liberalisation of capital movements between Member States with effect from 1 July 1990. Up until 31 December 1992, transitional arrangements were offered for Spain, Greece, Ireland and Portugal. Portugal and Greece were given the possibility of an extension which was granted for a maximum of three years.

The Commission seeks to abolish the general arrangements for restrictions on movements of capital between persons resident in Member States. “Capital movements” are understood to be all the operations necessary for the purposes of capital movements carried out by a natural or legal person. This includes direct investments, investments in real estate, operations in securities and in current and deposit accounts, and financial loans and credits.

The directive does nonetheless make provision for a “safeguard clause”. Capital movements can impose a very severe strain on foreign-exchange markets, which leads to serious disturbances in the conduct of a Member State’s monetary and exchange rate policies. In this case, the Commission, after consulting the Monetary Committee and the Committee of Governors of the Central Banks, may authorise that Member State to take protective measures. The protective measures relate to the capital movements listed in Annex II of the directive, and shall not exceed six months.

With effect as of 1 July 1990, the Directive repeals:

the first Directive for the implementation of Article 67 of the Treaty
Council Directive 72/156/EEC of 21 March 1972 on regulating international capital flows and neutralising their undesirable effects on domestic liquidity.

References

Act	Entry into force	Deadline for transposition in the Member States	Official Journal
Directive 88/361/EEC	07.07.1988	01.07.1990	OJ L 178 of 08.07.1988

Actions for injunctions

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Actions for injunctions

Outline of the Community (European Union) legislation about Actions for injunctions

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

Internal market > Single market for capital

Actions for injunctions

The European Union (EU) harmonises legislative, regulatory and administrative provisions of Member States relating to actions for injunctions. Recourse to this type of action aims at putting an end to practices which are contrary to certain European directives and which infringe upon consumer protection. The aim of this Directive is to stop commercial operators’ activities in a Member State that are harmful to the collective interests of consumers in another Member State.

Document or Iniciative

Directive 98/27/EC of the European Parliament and of the Council of 19 May 1998 on injunctions for the protection of consumer interests.

Summary

An action for an injunction is a procedure which allows offences which adversely affect consumers’ collective interests to be halted or prohibited.

An action for injunction may be introduced in a case of violation of national provisions taken when European directives are transposed on misleading advertising, consumer credit, package travel, unfair contractual terms, etc.

Two categories of qualified entities may bring actions for injunctions to protect consumers’ collective interests: consumers’ associations and public organisations in charge of consumer protection.

An action for injunction may be brought in the framework of an emergency procedure, it may lead to the publication of the decision or amended declaration to eliminate the effects of the infringement as well as an order against the infringer for payment of a penalty in the event of failure to comply with the decision within the time-limit specified (only in Member States where the legal system so allows).

In the event of an intra-Community offence which adversely affects the collective interests of consumers in a Member State, any qualified entity in that Member State may institute an action for injunction in the Member State where the offence originated. The aim of this procedure is to neutralise commercial operators who undertake activities that are prejudicial to the collective interests of consumers in another Member State.

Actions for injunctions introduced by this Directive do not allow adversely affected consumers to obtain compensation for the damage suffered.

Member States designate the Court or the administrative
authority competent to rule on actions for injunctions.

Applicable law is determined according to the rules of private international law currently in force.

Member States notify the Commission of the entities qualified to bring actions for an injunction in another Member State. The Commission updates the list of entities qualified to bring action in another Member State every six months, and then publishes it in the Official Journal of the European Union.

Before bringing an action for injunction, Member States may envisage a prior consultation procedure between the infringer and the plaintiff/qualified entity with a view to encouraging a negotiated solution. If the infringement is not terminated within two weeks following receipt of the request for consultation, an action for injunction may be brought.

Member States may extend the scope of actions for injunctions. They may also extend the possibility of bringing action for injunctions to any other person concerned.

Every three years the Commission must submit a report on the application of the Directive to the European Parliament and the Council.

References

Act	Entry into force	Deadline for transposition in the Member States	Official Journal
Directive 98/27/EC	1.7.1998	1.1.2001	OJ L 166 of 11.6.1998

MODIFICATION OF ANNEXES

List of European directives

Directive 1999/44/EC [Official Journal L 171 of 7.7.1999];
Directive 2000/31/EC [Official Journal L 178 of 17.7.2000];
Directive 2002/65/EC [Official Journal L 271 of 9.10.2002];
Directive 2005/29/EC [Official Journal L 149 of 11.6.2005];
Directive 2006/123/EC [Official Journal L 376 of 27.12.2006].

Related Acts

Amended proposal for a directive of the European Parliament and of the Council, of 16 November 2006, on injunctions for the protection of consumers’ interests (codified version) [COM(2006) 692 final – Not published in the Official Journal].

Communication from the Commission concerning Article 4(3) of Directive 98/27/EC on injunctions for the protection of consumers’ interests, concerning the entities qualified to bring an action under Article 2 of this Directive [Official Journal C 63 of 8.3.2008] (pdf ).

This Communication updates the list of national entities which are recognised by the Member States as qualified to bring actions for injunctions.

Report of the Commission of 18 November 2008 on the application of Directive 98/27/EC Directive [COM(2008) 756 final – Not published in the Official Journal (pdf )].

The introduction of the procedure of actions for injunctions in each of the Member States constitutes important progress in putting an end to national offences infringing the protection of consumers’ collective interests. This procedure is less successful in the framework of cross-border offences due to the high cost of the procedure and procedural differences existing between Member States. Implementation of Regulation (EC) n° 2006/2004 on Cooperation for Consumer Protection and the adoption of Regulation n° 864/2007 on the law applicable to non-contractual obligations (Rome II) should however step up the fight against intra-Community offences. Lastly, the Commission considers that it is preferable to continue to examine the application of the Directive before proposing new amendments or its repeal.