Tag Archives: BU

Own resources mechanism
Decision on the system of own resources
Report on the system of own resources
Harmonisation of the compilation of GNP
European system of national and regional accounts in the Community
Common rules for the provision of basic information on Purchasing Power Parities and for their calculation and dissemination

The financial perspectives

Financial perspectives system and the multiannual financial framework
A budget for Europe (2014-2020)
Interinstitutional Agreement on cooperation in budgetary matters
Towards a new financial framework 2007-2013
New interinstitutional agreement and financial perspective (2000-2006)
The financial framework of 2000-06 (Agenda 2000)

The financial regulation

Financial Regulation
The Former Financial Regulation
Guarantee Fund for external actions
Commission Action Plan towards an Integrated Internal Control Framework
Mutual administrative assistance in the fight against fraud

Building europe through the treaties

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Building europe through the treaties

Outline of the Community (European Union) legislation about Building europe through the treaties

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

Institutional affairs > Building europe through the treaties

Building europe through the treaties

The signing of the Community Treaties (ECSC in 1951, EEC and Euratom in 1957) marked the starting point for over 50 years of European treaties. The ‘founding’ Treaties establishing the European Communities and the European Union, together with the major amending Treaties, constitute the primary legislation; in other words, they are the supreme law of the Union and of the European Communities.
The Treaties, which are agreed by the Heads of State and Government of the Member States, contain the formal and substantive rules on the basis of which the institutions implement the various policies of the Communities and of the Union. They lay down the formal rules, setting out the division of powers between the Union and the Member States, and conferring powers on the institutions. They also determine the substantive rules defining the scope of policies and the activities of the institutions within each policy area.

Introduction
The Lisbon Treaty: a comprehensive guide

SUBSEQUENT AMENDMENTS: FROM THE SINGLE ACT TO THE TREATY OF NICE

The Single European Act
Treaty of Maastricht on European Union
The Amsterdam treaty: a comprehensive guide

FROM THE EUROPEAN COMMUNITIES TO THE EUROPEAN UNION

Treaty establishing the European Coal and Steel Community, ECSC Treaty
Treaty establishing the European Economic Community, EEC Treaty – original text (non-consolidated version)
Treaty establishing the European Atomic Energy Community (Euratom)

Building on the achievements of the European Year of Education through Sport 2004

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Building on the achievements of the European Year of Education through Sport 2004

Outline of the Community (European Union) legislation about Building on the achievements of the European Year of Education through Sport 2004

Topics

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

Education training youth sport > Sport

Building on the achievements of the European Year of Education through Sport 2004

Document or Iniciative

Commission Communication of 22 December 2005: “EU action in the field of Education through Sport: building on EYES 2004 achievements” [COM(2005)680 final – Not published in the Official Journal].

Summary

EYES 2004 was launched to increase awareness on the potential of sport as a tool for education and social inclusion. The wider aim of this initiative was to promote education through sport in formal and non-formal education.

Objectives and outputs

Specific objectives included promoting voluntary activities, pupil mobility and exchanges through sport activities, social inclusion of disadvantaged groups and the creation of a better balance between intellectual and physical activity in school life. The main results are:

involvement of the 25 Member States and the 3 EFTA/EEA countries: Iceland, Liechtenstein and Norway;
167 projects co-financed, out of 1643 applications;
66 projects in the field of formal education;
60 projects using the values of sport in activities for young people;
30 ceremonies (opening and closing of EYES);
representation at 12 international events such as Euro 2004 and the Olympic and Paralympic Games;
2 Eurobarometer surveys.

Cooperation with the participating countries was channelled through the Advisory Committee in which most of them were represented by delegates from Education and Sport departments. This has become the first stable European network of public authorities responsible for education and sport.

During EYES 2004, the Commission cooperated with the Council of Europe, notably by co-financing a project in the field of education on democratic citizenship in Europe. As part of the preparations for the International Year for Sport and Physical Education in 2005, a fruitful dialogue was established with UNESCO with a view to continuing activities in 2005.

Impact assessment

The initiative has created and built up lasting networks and often new partnerships between education and sport. EYES 2004 provided numerous examples of good practices which go beyond its networking achievements.

Its main impacts have been:

a significant contribution to disseminating the educational values of sport;
the fostering and increasing recognition of activities in the field of education through sport;
a contribution to changing the attitudes of the European public in this area.

However, its effects seem to have been more limited in other ways, for example in promoting sport as a vehicle for social inclusion of disadvantaged groups, encouraging a better balance between intellectual and physical activity in school life, and highlighting the positive contribution made by voluntary work and student mobility.

Expectations in formal education

Formal education could take better advantage of the values conveyed through sport to develop knowledge, motivation, skills, readiness for personal effort and social abilities. This makes sport essential in formal education for acquiring and developing key skills needed by everyone for personal fulfilment, social inclusion and employability.

On the other hand, formal education has a crucial role to play in encouraging habits leading to regular physical activity and in countering unhealthy lifestyle habits.

The expectations surrounding EYES 2004 led to the following ideas:

using national expertise to develop a better understanding and increased knowledge at EU level of the place of sport and physical activity in school life;
raising awareness of the mutual benefits for educational institutions and sport organisations;
improving recognition of the qualifications of those who teach sport-related professions (e.g. trainers and sports managers);
taking advantage of the potential of sport and physical activity in formal education to reverse current trends towards a sedentary and passive lifestyle;
making full use of the results of EYES 2004 by capitalising on the good practices developed and taking better advantage of the possibilities for financing projects and initiatives based on sporting activities.

Expectations in non-formal learning

EYES has proven that there was a demand in European civil society for sport to be used in non-formal learning and as a tool for promoting social integration, developing intercultural dialogue and combating discrimination, particularly racism and xenophobia.

Taking part in sport is educational not only in its own right but also by virtue of active participation in sport clubs and organisations, which helps to reinforce civil society through teaching practical democratic values.

Follow-up by the European Commission

The Commission, within the limits of its competence and in full respect of the principle of subsidiarity and the autonomy of educational institutions and sport organisations, will ensure a follow-up to EYES 2004, in particular along the following lines:

carrying out new studies, organising further expert meetings and launching new surveys;
continuing to organise meetings with the public authorities responsible for education and sport and expanding them to stakeholders in both areas;
intensifying dialogue and cooperation with the Sport Movement on the educational and social functions of the sport (e.g. volunteering, participation in sport notably for women, fight against racism and xenophobia, education and protection of young athletes, etc.);
taking advantage of the possibilities to finance projects and initiatives on sporting activities in the framework of EU actions (e.g. future European Years, the new EU programme on “Integrated Life Long Learning”, “Youth in Action” and “Citizens for Europe”);
improving recognition of the qualifications in sport-related professions and facilitating mobility;
raising awareness of the importance of physical activity in reversing the trend towards obesity.

Background

In Declaration 29 attached to the Amsterdam Treaty, the Nice European Council recognised that sport forges people’s identity. In the Nice declaration, the European Council underlined that, “even though [it does not have] any direct powers in this area, the Community must, in its action under the various Treaty provisions, take account of the social, educational and cultural functions inherent in sport.”

The Council, in its Resolution of 17 December 1999 on the non-formal education dimension of sporting activities in the European Community YOUTH programme, called upon the Commission, in cooperation with the Member States, to devise a coherent approach in order to exploit the educational potential of sport, considering that sporting activities can have a pedagogical value which contributes to strengthening civil society.

This Communication is the response to the request from the European Parliament and the Council for the Commission to report on the measures taken during the European Year of Education through Sport 2004 (EYES 2004).

Related Acts

of the European Parliament and of the Council of 6 February 2003 establishing the European Year of Education through Sport 2004 [Official Journal L 43 of 18.02.2003].

Building an inclusive Europe

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Building an inclusive Europe

Outline of the Community (European Union) legislation about Building an inclusive Europe

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

Building an inclusive Europe

Following the informal meeting of EU Social Affairs Ministers held on 11 and 12 February 2000 in Lisbon and after a wide consultation of the Member States and civil society, it would appear that combating social exclusion has become one of the major challenges faced by our economies and societies. Many Europeans are still living in poverty and have difficulties in taking part in social life. In order to foster inclusion and limit the emergence of new forms of exclusion, the Commission proposes to speed up the building of a Europe for all, based on knowledge and information.

Document or Iniciative

Communication from the Commission of 1 March 2000, Building an inclusive Europe [COM(2000) 79 final – Not published in the Official Journal].

Summary

1. As a follow-up to the Luxembourg Summit (November 1997), which launched the European Employment Strategy, the Commission proposes to launch a new initiative aimed at supporting the efforts of Member States to combat social exclusion. This initiative emphasises in particular the need to consider the effects of job creation on social cohesion.

The challenge of social exclusion

2. According to Eurostat data (1994), some 18% of the EU population live with less than 60% of the national median income. Persons living under this poverty line are experiencing deprivation and serious difficulties in fully participating in society.

3. Vulnerable persons are not only those experiencing long-term poverty but also those who have to face precariousness on the labour market and low incomes. The fact of holding a job at a particular time does not necessarily protect people from the risk of social exclusion.

4. Social exclusion is a multidimensional phenomenon in which unemployment is the major factor. There are long-term unemployed, those for whom recurrent periods of inactivity are mixed with periods of low-paid work and, lastly, “discouraged” workers, who do not seek work because they see no prospect of getting a job.

5. However, social exclusion goes beyond issues of access to the labour market and is evidenced by several types of discrimination. Alone or together, these barriers prevent full participation of persons in areas such as education, health, environment, housing, culture, access to rights or family support, as well as training and job opportunities. The effect of these factors varies, of course, between individuals and from one Member State to another.

6. The structural trends that are reshaping our societies will lead to economic growth but may also increase the risk of social exclusion.

7. With the globalisation of economies and high-speed technological changes, the labour market is changing drastically and is offering new opportunities to those who are the most adaptable. Those who are unprepared to acquire the skills required for new tasks within the knowledge economy are thus being marginalised.

8. Today’s knowledge is more and more transmitted through the information technologies, which are the key driving force for job creation. The lack of IT culture or access to skills may create new forms of social exclusion. The challenge of social exclusion must therefore consist in fostering active participation in order to achieve a fair distribution of opportunities and prepare citizens for change.

Policy developments in the Member States

9. Combating social exclusion is first and foremost the responsibility of Member States. However, social partners and non-governmental organisations also play a major role. During the last decade, there has been an increasing focus on the need to guarantee social integration. Ireland and Portugal, for example, have adopted national programmes:

Ireland has introduced “Sharing in progress: the national anti-poverty strategy”, the aim of which is to reduce the proportion of the Irish population which lives in long-term poverty. It is supported in particular by a strong partnership approach and specific institutional structures.
Portugal has developed the “Programma Nacional de luta contra a pobreza” (national anti-poverty programme), complemented by the INTEGRAR programme and the establishment of a minimum income scheme in 1997.
Other Member States, such as France, are seeking to improve the overall impact of social inclusion measures through framework legislation, which defines exclusion in terms of access to fundamental rights in the areas of employment, education, housing, health care, etc.

10. The efforts made have shown that employment contributes to solving the problem of exclusion, but provides only a partial solution. The Member States must promote the sustainable inclusion of people to a greater extent, emphasising the importance of an integrated approach.

Contribution of Community instruments and policies to social inclusion

11. The European Employment Strategy has made a major contribution to combating social exclusion by targeting long-term unemployment and youth unemployment as well as the lack of equal opportunities for women and persons with disabilities in the labour market. The 1999 Employment Guidelines emphasise the reintegration of workers The measures contained therein include reforms to tax and benefit systems and promotion of education and training, especially in fast-changing fields such as information and communication technologies.

12. The Structural Funds are the main financial means of direct support for the most disadvantaged regions and people in the EU. Current Community initiatives include the URBANII and LEADER+ programmes on urban and rural integration respectively.

13. The Knowledge Society has the potential to be a powerful force for inclusion and cohesion in Europe. The Commission’s communications on the initiatives ” e-Europe – The Information Society for all ” and “Strategies for jobs in the Information Society” stress the fact that Europe’s population, and young people in particular, must have extensive access to new basic skills and need to be able to use information technologies.

14. Other Community measures contribute to promoting social inclusion, such as the framework programmes for research or those supporting education (SOCRATES), training (LEONARDO DA VINCI), young people (YOUTH), etc.

Supporting Member States’ efforts to promote inclusion and participation

15. At their informal meeting in Lisbon in February 2000, the Social Affairs Ministers decided that it was crucial to make the Member States’ economic and social policies more inclusive. The European Union wishes to make a political commitment to this end. The purpose is to encourage open forms of cooperation between Member States rather than to set up a heavy coordination process.

Common objectives for social inclusion

16. In accordance with the provisions of the Amsterdam Treaty, the role of the Community is to complement and support the Member States’ initiatives, focussing on actions which add real value.

17. The convergent developments under way in the Member States make it possible to envisage the development of common objectives at EU level, such as:

mainstreaming social inclusion in EU policies;
development of common social exclusion and inclusion indicators;
acess for all to the Knowledge Society;
active participation for all as a result of the expected economic growth.

18. These common objectives mean that the Member States must establish general strategies at national level and develop, as appropriate, national programmes or framework legislation.

19. The Commission is developing with the Member States mechanisms for comparative assessement of performance in order to monitor the progress made in each country.

Operational tools under the new provisions of the Amsterdam Treaty

20. According to Article 137(2), last subparagraph, of the Treaty establishing the European Community (EC), a multiannual programme is envisaged to promote cooperation between the Member States and to make their policies more inclusive.

21. This programme of support for cooperation uses existing human resources and has a limited budget. Its activities are focussed around three main strands:

fostering understanding of social exclusion and inclusion policy mechanisms;
identifying and exchanging good practice;
promoting policy dialogue and debate.

22. Article 137(2), first subparagraph, also provides for a framework instrument capable of promoting the integration of persons excluded from the labour market. The key principles of this instrument include the need for a comprehensive and integrated approach to social exclusion, the need for partnerships and coordination measures, and the setting up of pathways to integration.

Budgetisation of the European Development Fund

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Budgetisation of the European Development Fund

Outline of the Community (European Union) legislation about Budgetisation of the European Development Fund

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

Development > African Caribbean and Pacific states (ACP)

Budgetisation of the European Development Fund

Document or Iniciative

Communication from the Commission to the Council and the European Parliament of 8 October 2003: “Towards the full integration of cooperation with ACP countries in the EU budget” [COM(2003) 590 final – not published in the Official Journal].

Summary

In this communication, the Commission recommends the incorporation into the EU budget of the aid granted to the ACP and OCT countries under the European Development Fund (EDF).

A POLITICALLY DESIRABLE CHANGE

Countering the risks of marginalisation

With the extension of the external relations of the Union, the conclusion of cooperation agreements with numerous other regions and the increase in the amounts earmarked for external aid in the budget, separate financing for the ACP countries is no longer a privilege, rather the opposite.

These cooperation agreements with numerous regions around the world, like the Cotonou Agreement broach a series of subjects of common interest: political dialogue, trade arrangements, democracy objectives, etc. After the integration of the EDF into the budget, all the major geographical programmes will be part of the structure of the budget. From a technical point of view, that will permit increased synergy between the programmes centred around the national/geographical approach and those that pursue thematic objectives.

The cooperation programmes with the ACP countries have created a wealth of experience and good practice that is worthy of application to other programmes pursued in other developing regions. The incorporation of the EDF will facilitate the mutual enrichment of the different programmes.

The incorporation of the EDF into the budget will also facilitate cooperation between the regions of Africa. A similar gain in coherence could be brought about for Caribbean countries in relation to Latin America and for the Pacific group in relation to Asia.

Towards greater independence

With the budgetisation of the EDF, the financing of EU-ACP cooperation would gain independence from voluntary contributions determined as a result of national viewpoints and would present better prospects for continuity. For Member States, that would signify that financial cooperation with the ACP was genuinely placed at the EU level.

Towards stronger legitimacy

The EDF is currently the only expenditure that is not subject to authorisation by the European Parliament. Incorporating the EDF into the budget would put an end to this anomaly, thereby strengthening the public legitimacy of the EU’s external assistance. Not being part of the budget, cooperation with the ACP countries is clearly excluded from one of the most important political decision-making processes of the Union. The already significant risk that relations with the ACP countries are marginalised in comparison with other economically more advanced regions of the world is exacerbated by their lack of visibility in the political arenas of the Union. Furthermore, the influence of the ACP-EU Joint Parliamentary Assembly will be enhanced through its members in the European Parliament.

Towards greater transparency

A single budget including all external aid expenditures offers the possibility of providing a global picture of the EU’s external assistance and of EU development policy, in terms of both size and geographical distribution. Citizens will have to refer only to a single document in future when they want to know what the EC spends on development policy.

Towards greater efficiency and effectiveness

The integration of the EDF into the budget will lead to greater cost effectiveness. The unification of administrative and legal rules, decision-making structures, and commitment and payment procedures will remove a certain amount of duplication which is currently imposed on the different operators and stakeholders. It will help simplify reporting requirements, reduce the administrative burden on beneficiary countries and respond in a more efficient manner to the challenges faced by developing countries. The management principles applicable to the budget will also make the pattern of commitments more regular and help improve the delivery of aid to the ACP.

CONCERNS LINKED TO BUDGETISATION

Will the quality of the partnership with ACP countries be maintained?

Yes. In the Commission’s view, the European Development Fund is a historical, not a substantive element in the privileged relations between the ACP and the EU. The Cotonou Agreement remains the cornerstone of this partnership and will continue to govern EU-ACP relations as in the past.

Commitments to individual ACP countries will continue to be made on the basis of programmes prepared and approved with them. In every country, the government will continue to be closely associated with multiannual indicative programming, the preparation of annual action plans, etc.

Will budgetisation challenge the financial commitment of the EU to the ACP?

This financial commitment must be renewed every five years, either through a new EDF within the framework of the general budget. The instruments currently available in the budgetary framework, and more particularly the decisions on the financial perspectives, offer the same guarantees.

Background

There are currently two main channels of EU assistance to the ACP countries: funds from the EU budget and funds from the EDF. Different administrative rules and decision-making structures apply to these two forms of aid. Funds from the EU budget are administered in accordance with the general Financial Regulation. Funds from the EDF meanwhile are administered according to the rules laid down by the Cotonou Agreement.

The proposal to incorporate the EDF into the budget would mean that the new financial perspectives could include the totality of expenditure for EU-ACP cooperation. This is not a new proposal: the Commission had previously proposed the integration of the EDF in the Community general budget in 1973 and 1979. During the negotiations on the 2007-2013 financial perspectives, the Commission revived the proposal, but it was once again rejected by the European Council (15-16 December 2005). The debate is likely to be reopened when the next financial perspectives are prepared.

Building a sustainable future for aquaculture

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Building a sustainable future for aquaculture

Outline of the Community (European Union) legislation about Building a sustainable future for aquaculture

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

Maritime Affairs And Fisheries > Management of fisheries resources and the environment

Building a sustainable future for aquaculture

Document or Iniciative

Communication from the Commission to the European Parliament and the Council of 8 April 2009 – Building a sustainable future for aquaculture – A new impetus for the Strategy for the Sustainable Development of European Aquaculture [COM(2009) 162 final – Not published in the Official Journal].

Summary

Seven years on from the adoption of the strategy for the sustainable development of European aquaculture in 2002, significant progress has been made in ensuring the environmental sustainability and quality of European Union (EU) aquaculture production. However, unlike other regions in the world where high rates of growth have been recorded, the total volume of aquaculture production (mainly fish and shellfish) in the EU overall has stagnated.

In its Communication, the Commission examines the causes of this stagnation and envisages actions which are under the responsibility of public authorities, in order to improve competitiveness, sustainability and governance in the sector.

Barriers to the growth of European aquaculture

The European Union depends more and more on imports of fishery and aquaculture products. Even though European aquaculture benefits from dynamic support in terms of research and technology innovation, advanced equipment and fish feed, qualified and trained entrepreneurs, and operates within a legal framework for environment and health protection, the industry is faced with many challenges. In particular, aquaculture enterprises must have access to the space and water required for production, obtain the associated multiple authorisations, maintain as far as possible the health of fish despite an insufficiency of medicines and vaccines, have access to capital to invest and develop, withstand pressure from imports, etc.

Building the future of the European Union aquaculture industry

It is in the interests of the European Union to better promote this sector and to raise awareness on the part of public authorities and investors. Even if wild stocks of fish recover to Maximum Sustainable Yield levels, the rapidly expanding demand will also have to be met from aquaculture production.

The EU must put in place appropriate measures to ensure that the Community aquaculture industry can take a lead role in the production of aquatic food, technology and innovation, and the setting of standards and certification processes at European and international level. The aim of this Communication is to help bring about the conditions for a successful and sustainable aquaculture industry that can compete successfully in the market.

Public authorities should establish a predictable, consistent and cost-effective legislative framework. In order to be effective, the strategy should be supported by all. Its vision and objectives should be strengthened and relayed by public authorities at national and regional level.

Improving competitiveness, sustainability and governance

In order to increase competitiveness in the sector, it is essential to continue to support research and technological development, to promote spatial planning in coastal zones and take into account the needs of the aquaculture sector as regards the market for fishery and aquaculture products.

To guarantee the sustainable development of aquaculture, the EU must continue to support environment-friendly production methods, but also ensure that aquaculture has access to a high-quality environment particularly in terms of water quality. It must also guarantee animal welfare and health and continue to provide a high level of consumer protection.

It is important to enhance the image of European aquaculture and public authorities should improve aspects related to governance, especially in terms of reducing administrative charges, consulting stakeholders and informing the public.

Aquaculture’s success depends to a great extent on the existence of an environment which is favourable to enterprises in this sector. The Commission therefore proposes to provide Member States and regional authorities with guidance, to ensure that targeted measures taken at local, national and EU level help the sector to fully exploit its assets.

Concerted action at all levels to unlock the potential of the aquaculture sector should offer many advantages. In this regard, the Commission considers that a strong and revitalised aquaculture industry will also benefit related sectors, contribute to the development of rural areas and coastal zones, and could meet the demands of consumers who will have access to high-quality food which is healthy and produced using ecological methods.

Burden of proof in cases of discrimination based on sex

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Burden of proof in cases of discrimination based on sex

Outline of the Community (European Union) legislation about Burden of proof in cases of discrimination based on sex

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 > Equality between men and women

Burden of proof in cases of discrimination based on sex

The European Community guarantees that the measures taken by Member States to enable persons who consider themselves wronged by failure to apply to them the principle of equality to pursue their claims by judicial process, after possible recourse to other competent authorities, are made more effective.

Document or Iniciative

Council Directive 97/80/EC of 15 December 1997 on the burden of proof in cases of discrimination based on sex [See amending acts].

Summary

The principle of equal treatment means the absence of any discrimination based on sex, either directly or indirectly.

Indirect discrimination exists where an apparently neutral provision, criterion or practice disproportionately disadvantages the members of one sex, unless the aim pursued by the application of this provision, criterion or practice is objectively justified and the means of achieving it are appropriate and necessary.

The Directive applies to:

the situations covered by Article 141 (ex-Article 119) of the EC Treaty and by Directives 75/117/EEC (principle of equal pay), 76/207/EEC (access to employment, vocational training and promotion) and, insofar as discrimination based on sex is concerned, 92/85/EEC (protection of pregnant workers and those who have recently given birth or are breastfeeding) and 96/34/EC (parental leave);
any civil or administrative procedure concerning the public or private sector, with the exception of out-of-court procedures.

The Directive does not apply to criminal procedures, unless otherwise provided for by the Member States.

Member States shall take such measures as are necessary in accordance with their national judicial systems to ensure that, where the plaintiff establishes, before a court or other competent authority, facts from which discrimination may be presumed to exist, it is for the defendant to prove that there has been no contravention of the principle of equality.

Member States are not prevented from introducing evidential rules which are more favourable to the plaintiff.

Measures taken by the Member States pursuant to the Directive, together with the provisions already in force, must be brought to the attention of all persons concerned.

Implementation of the provisions of the Directive does not in any circumstances constitute sufficient grounds for justifying a reduction in the general level of protection of workers in the area to which it applies.

Council Directive 98/52/EC extends the scope of Directive 97/80/EC of the United Kingdom.

References

Act	Entry into force	Deadline for transposition in the Member States	Official Journal
Directive 97/80/EC	09.02.1998	01.01.2001	JO L 14 of 20.01.1998

Amending act(s)	Entry into force	Deadline for transposition in the Member States	Official Journal
Directive 98/52/EC	22.07.1998	22.07.2001	JO L 205 of 22.07.1998

Related Acts

Proposal for a Council Directive implementing the principle of equal treatment between women and men in the[COM(2003) 657 final – Not published in the Official Journal].

Procedure CNS/2003/265

Bulgari

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Bulgari

Outline of the Community (European Union) legislation about Bulgari

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 > Bulgaria – adoption of the community acquis

Bulgari

Reference

Commission Opinion [COM(97) 2008 final – Not published in the Official Journal]
Commission Report [COM(98) 707 final – Not published in the Official Journal]
Commission Report [COM(1999) 501 final – Not published in the Official Journal]
Commission Report [COM(2000) 701 final – Not published in the Official Journal]
Commission Report [COM(2001) 700 final – SEC(2001) 1744 – Not published in the Official Journal]
Commission Report [COM(2002) 700 final – SEC(2002) 1400 – Not published in the Official Journal]
Commission Report [COM(2003) 676 final – SEC(2003) 1210 – Not published in the Official Journal]
Commission Report [COM(2004) 657 final – SEC(2004) 1199 – Not published in the Official Journal]
Commission Report [COM(2005) 534 final – SEC(2005) 1352 – Not published in the Official Journal]
Treaty of Accession to the European Union [Official Journal L 157 of 21.06.05]

Summary

In its Opinion of July 1997, the European Commission considered that Bulgaria had fulfilled the commitments undertaken under the European Agreement on the Free Movement of Goods. However, despite the considerable progress achieved, great efforts still needed to be made before the Community acquis was fully and effectively applied by Bulgaria.
The November 1998 Report confirmed this assessment, and asked Bulgaria to make further efforts.
The October 1999 Report noted that progress had been made in the areas of motor vehicles, drug precursors, legal metrology and product liability. However, significant work was still necessary for the transposition of the “New Approach” Directives.
In its November 2000 Report, the Commission highlighted the adoption of a framework law implementing the New and Global Approach principles.
The November 2001 Report noted that Bulgaria had continued to make good progress in this area.
In its October 2002 Report, the Commission considers that Bulgaria has continued to make good progress in this area.
The November 2003 Report notes that Bulgaria has made good progress in the field of the free movement of goods and has made further progress in the field of customs.
The October 2004 Report pointed out that Bulgaria had made continued progress with regard to the free movement of goods. Greater effort would be required in the area of public procurement.
The October 2005 Report noted that, in spite of considerable progress, Bulgaria needed to make greater efforts in the area of public procurement and in non-harmonised sectors.
The Treaty of Accession was signed on 25 April 2005 and accession took place on 1 January 2007.

COMMUNITY ACQUIS

Free movement of goods can only be achieved by removing measures that restrict trade: not only customs duties and quantitative restrictions, but all measures with equivalent, i.e. protectionist, effect.

Where technical standards are not harmonised, the principle of mutual recognition of national rules applies (in line with the Cassis de Dijon judgment).

For the purpose of harmonisation, the European Community has developed the “New Approach”. Instead of imposing technical solutions, European Community legislation is limited to establishing the essential requirements that products must meet.

EVALUATION

Since 1990, Bulgaria has adopted a general policy of liberalisation of trade and has begun to fully liberalise prices. However, it is only since the 1998 Report that Bulgaria has made more progress. In 1999, it adopted the law on standardisation that set up administrative bodies with authority in this area, and the framework law for the implementation of the principles of the new and global approach.

As regards the administrative infrastructure, the functional independence of technical regulation, standardisation, accreditation, certification and market surveillance should be guaranteed by the Bulgarian Accreditation Service, the State Agency for Standardisation and Metrology and by various Ministries. However, Bulgaria still needs to reinforce these bodies and set up a customs infrastructure and effective administrative co-operation between the competent authorities. The 2001 Report noted that the reorganisation of the State Agency for Standardisation and Metrology was still pending, particularly with regard to separating the standardisation, certification and market surveillance activities. In 2002 the principle of the mutual recognition of conformity had still not been introduced into Bulgarian legislation. Bulgaria should place more emphasis on developing a national system of conformity assessment. In 2004, the report notes that the principle of the mutual recognition of conformity has still to be introduced into Bulgarian legislation. In 2005 this sector was marked by limited progress: the principle of mutual recognition still needs to be adopted and applied in all legislation.

As regards specific sectoral legislation, and more particularly the transposition of the ” New Approach ” Directives, little progress has been made except in the area of gas-burning appliances. The 2001 Report noted that Bulgaria had taken the first steps towards transposing the CE marking principles of the “New Approach” legislation by adopting a decree on CE conformity marking in August 2000. In its 2002 Report, the Commission notes that around twelve Directives have been transposed, including those on gas appliances, construction products, machinery, recreational craft, toys, lifts, electromagnetic compatibility, simple pressure vessels, explosives for civil use and low-voltage equipment. The 2004 report commented that new legislative provisions had been adopted with the aim of transposing the acquis to include gas appliances, machinery, cableways, lifts, toys, non-automatic weighing instruments and the safety of electrical appliances. In its 2005 Report the Commission noted that the majority of the sectoral legislation texts under the New Approach had been transposed. In spite of this, additional efforts were needed in several specific sectors, especially in the field of medical appliances, where the transposition of the acquis had not yet commenced.

As for the “Old Approach Directives”, progress has been made in relation to motor vehicles and foodstuffs by adopting framework laws, and in chemicals and pharmaceuticals. In 2001 transposition was still behind schedule except for motor vehicles, glass, footwear, pharmaceuticals and cosmetics. The 2004 report remarked that further progress had been made, particularly with regard to completing implementation of the legal framework relating to type-approval of motor vehicles, following the adoption of implementing legislation under the law on road traffic safety. In 2005 a considerable amount of legislation, especially on motor vehicles, was adopted. With regard to foodstuffs, the bulk of the legislation was transposed, apart from that concerning new foods and the 2004 acquis. A National Council for Food Safety was set up. Between now and the end of 2006 manufacturers in this field will have to comply with the requirements of the HACCP (hazard analysis and control of critical points) system.

For drug precursors, in March 1999 Bulgaria adopted a law on the control of narcotic substances and precursors, which appears to be in accordance with the acquis.

At present, there are no statutory instruments in accordance with the acquis on the labelling of textile goods and of footwear, or on glass. However, the law of March 1999 on consumer protection and the rules for trade sets the legal base for the adoption of ordinances to implement the acquis in these areas.

In the field of legal metrology, Bulgaria has adopted three implementing ordinances (on measurement standards, on metrological control and verification marks and on the authorisation to verify and repair measuring instruments) on the basis of the law on measurements of April 1998. The 2003 report notes that Bulgaria has set up a national institute of metrology. According to the 2005 Report, further efforts must be made with regard to legal metrology.

A law on the control of explosive substances, firearms and ammunition has been in force in Bulgaria since October 1998. This law regulates activities related to explosive substances, carried out by natural persons, judicial bodies and economic operators. The 2002 Report notes that there is nothing to report with regard to the acquis on firearms. The 2004 Report remarks that no new provision on firearms has been adopted.

Bulgaria has made significant progress in the field of product liability by adopting the law on consumer protection and trade rules (see “Consumer protection” above).

In the area of public procurement, the legislation has to be amended to conform with the Community acquis concerning the legal remedies for unsuccessful bidders, and the bodies responsible for this sector need to be strengthened. In 2001, increased efforts were made to adapt the legal framework in this area. An important step was taken with the amendment of the law on the award of public contracts, which took effect in May 2002, but the 2003 report notes that the new law has still not been adopted and that the administrative structure in place remains unsatisfactory. The 2004 report points out some significant developments in aligning with the acquis on public procurement, particularly by adopting a new law in March 2004. This law, which entered into force in October 2004, defines the different types of procurement contracts and relevant exemptions, the contracting procedures to be followed and the contracting authorities. With regard to this law, the Commission has nevertheless noticed the absence of a fully effective remedy mechanism. According to the 2005 Report, the new provisions of the public procurement Directives adopted in 2004 still need to be implemented. The Public Procurement Agency needs to make further efforts as regards the training of staff and, also, a clear separation of advisory and review functions.

As regards customs union, the 2002 Report considers that Bulgaria has made little progress. As regards alignment with the Community customs code and its implementing provisions, it should be noted that Bulgaria was already well advanced. However, the administrative and operational capacity available to implement the acquis has only developed to a limited extent. With regard to the administrative and operational capacity to implement the acquis, Bulgaria must significantly reinforce its administrative capacity and its capacity to combat fraud. The national strategy to combat corruption adopted in October 2001 includes specific measures to implement “anti-corruption reform in the Customs Agency”.

The November 2003 Report noted that further progress had been made, particularly concerning transit, customs procedures with economic impact, free zones and free warehouses, placing under customs procedures and customs debt. In April 2003 Bulgaria concluded a Memorandum of Understanding with the European Union on participation in the programme. The 2004 Report mentioned the progress made regarding administrative and operational capacity, referring, on the one hand, to the intelligence and investigation services and, on the other, to internal control over customs receipts. Cooperation with customs authorities in neighbouring countries has been further strengthened. There have also been developments in the cooperation between the National Customs Agency and the other national enforcement bodies in the field of border control and combating crime. The 2005 Report indicated the need to strengthen the administrative capacity of the National Customs Agency, especially with regard to simplified customs procedures and strengthening of post-clearance audits. The transfer to the National Customs Agency of responsibility for collecting excise duties is a priority that merits special effort.

The negotiations on the chapters on the free movement of goods and on customs union have been provisionally closed. Bulgaria has not asked for any transitory system in this area. Overall it has fulfilled the commitments that it made during the negotiations on these chapters.

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

Bulgaria

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Bulgaria

Outline of the Community (European Union) legislation about Bulgaria

Topics

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

Competition > Competition: international dimension and enlargement

Bulgaria

References

Commission Opinion [COM(97) 2008 final – Not published in the Official Journal]
Commission Report [COM(98) 707 final – Not published in the Official Journal]
Commission Report [COM(1999) 501 final – Not published in the Official Journal]
Commission Report [COM(2000) 702 final – Not published in the Official Journal]
Commission Report [COM(2001) 700 final – SEC (2001) 1744 – Not published in the Official Journal]
Commission Report [COM(2002) 700 final – SEC (2002) 1400 – Not published in the Official Journal]
Commission Report [COM(2003) 676 final – SEC (2003) 1210 – Not published in the Official Journal]
Commission Report [COM(2004) 657 final – SEC(2004) 1199 – Not published in the Official Journal]
Commission Report [COM(2005) 534 final – SEC(2005) 1352 – Not published in the Official Journal]
Treaty of Accession to the European Union [Official Journal L 157 of 21.06.05]

Summary

In its opinion of July 1997, the European Commission considered that, where restrictive agreements are concerned, Bulgaria had made some progress in taking the necessary institutional and legislative measures. However, the implementation and enforcement of the legislation required sustained structural reforms. The progress made on state aid was considered to be more modest, in particular as regards transparency in granting such aid and the establishment of a proper supervisory authority.

The November 1998 report noted the progress made in the application of the rules on restrictive agreements but also emphasised the need to make further efforts in the area of state aid (especially monitoring)

The October 1999 report noted that Bulgaria had partly met the priorities of the accession partnership. Progress had been made in the area of restrictive agreements but efforts still needed to be made concerning the monitoring of state aid.

The November 2000 report noted some progress on antitrust thanks to the reorganisation of the Committee for the Protection of Competition (CPC). However, results in terms of checks on state aid were still insufficient.

The November 2001 report acknowledged that further progress had been made in antitrust matters and state aid. The CPC, which was restructured in 2000, had done a great deal in monitoring restrictive agreements and was now also working on state aid. The setting-up of a working party on state aid law in the Ministry of Finance was a positive sign.

The October 2002 report noted that Bulgaria had made steady progress in adopting antitrust and state aid legislation, in developing the administrative capacity of the Commission for the Protection of Competition and in establishing an enforcement record. Overall, however, Bulgaria did not fully meet Community requirements as regards legislative alignment, administrative capacity and enforcement, particularly in relation to state aid.

The November 2003 report considered that Bulgaria had achieved a largely satisfactory level of alignment with the antitrust acquis. As regards state aid, however, it had not yet completed its legislative alignment.

The October 2004 report noted that Bulgarian competition policy was broadly in line with Community law in this field. However, Bulgaria needed to make further efforts with a view to accession, partly as a result of changes in Community competition law.

The October 2005 report welcomes the progress made by Bulgaria in the area of competition and considers that it should be able to implement the relevant acquis on accession, although certain adjustments are still needed.

The Treaty of Accession was signed on 25 April 2005 and accession took place on 1 January 2007.

COMMUNITY ACQUIS

The European Community rules on competition stem from Article 3(g) of the EC Treaty, which states that the activities of the Community must include “a system ensuring that competition in the internal market is not distorted”. The main areas to which this applies are restrictive agreements between undertakings and the monitoring of state aid. The Community acquis in the competition field thus consists of a set of rules and procedures aimed, on the one hand, at combating anti-competitive behaviour by firms (restrictive agreements between undertakings and abuse of a dominant position) and, on the other, preventing the public authorities from granting state aid that is liable to distort competition.

The Europe Agreement with Bulgaria, which came into force on 1 February 1995, provides for a competition regime to be applied in trade relations between the Community and Bulgaria based on the requirements set out in Articles 81, 82 and 87 of the EC Treaty concerning agreements between undertakings, abuse of a dominant position and state aid, and for implementing rules in these fields to be adopted within three years of the entry into force of the Agreement.

Furthermore, the Agreement requires Bulgaria to make its rules on competition compatible with those of the Community.

The White Paper refers to the progressive application the above provisions and of those contained in the Merger Regulation and of Articles 31 and 86 of the EC Treaty concerning monopolies and special rights.

EVALUATION

Bulgarian legislation in the field of restrictive agreements, Bulgarian legislation is largely in line with the Community acquis. The Protection of Competition Act sets out the main principles of the Community rules as regards restrictive agreements, abuse of a dominant position and merger control. Since 1998 the Committee for the Protection of Competition (CPC) has been the national authority responsible for enforcing competition rules in Bulgaria. The CPC has been restructured in order to refocus resources on serious competition problems. Its administrative capacity and track record have improved and its sanctions policy is now more deterrent-oriented.

However, Bulgaria needs to make further adjustments with a view to accession. As regards legislation, it must prepare the ground for the implementation of Regulation 1/2003 and for its participation in the European competition network. In addition, the role of the CPC needs to be strengthened. It must take a more active role in identifying and removing barriers to competition, particularly in the most serious cases of distortion of competition, improve its methods of investigation and ensure that its sanctions act as an effective deterrent. Coordination between the authorities responsible for regulation and those responsible for enforcement should also continue to be reinforced.

Bulgaria has also made progress in terms of state aid legislation and implementing rules. The new State Aid Act, which entered into force in 2002, and the implementing provisions, which were amended in 2004, provide an appropriate legal framework for checks on state aid. The CPC is responsible for these checks and has the necessary powers to guarantee the enforcement of state aid legislation. The Department of State Aid at the Ministry of Finance is responsible for monitoring the checks. The progress made by Bulgaria is evidenced by the greater transparency in the control system and the adoption of a regional aid map. The CPC’s track record has improved significantly both in terms of the scope and quality of its control of enforcement of state aid legislation. The administrative capacity of the CPC and the State Aid Department at the Ministry of Finance is also increasing steadily. In the energy sector, Bulgaria is committed to ending aid to coal production and district heating enterprises by the end of 2005.

In order to complete its preparations for membership, Bulgaria must continue to focus on developing its track record of enforcement of and compliance with state aid legislation. Progress is needed on adopting the new acquis. It must also continue to increase its administrative capacity, in particular by reinforcing the powers of the CPC and the Department of State Aid at the Ministry of Finance and by promoting cooperation within the administration. Bulgaria must also make additional efforts to comply with the national programme for restructuring the iron and steel industry and meet its commitment to cease state aid for this restructuring after 2005. The drawing up of a state aid coordination plan will ensure that the experience acquired can continue to be drawn after accession.

This chapter was provisionally closed, subject to confirmation of the positive trend in the state aid enforcement record. This trend has continued and Bulgaria should be able to implement the acquis relating to restrictive practices and state aid after accession. Bulgaria has not requested any transitional arrangements and is meeting its commitments.

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