Tag Archives: Commission

White Paper on sport

Leave a reply

White Paper on sport

Outline of the Community (European Union) legislation about White Paper on sport

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

White Paper on sport

Document or Iniciative

White Paper on Sport of 11 July 2007, presented by the European Commission to the Council, the European Parliament, the Committee of the Regions and the European Economic and Social Committee [COM(2007) 391 final – Not published in the Official Journal].

Summary

This White Paper is the Commission’s main contribution to the theme of sport and its role in the daily lives of European citizens.

It recognises the impact which sport can have on all European policies.

It also identifies the needs and specific characteristics of the world of sport.

Lastly, it opens up future prospects for sport at European level, while respecting the principle of subsidiarity, the independence of sport organisations and Community law.

Objectives

The main objectives of the White Paper on Sport are to:

  • set strategic guidelines;
  • encourage debate on specific problems;
  • increase the visibility of sport in the EU decision-making process;
  • highlight the needs and specific characteristics of the sector;
  • identify the appropriate level of government for future action.

More specifically, the Commission intends to use this White Paper to:

  • ensure that the sport dimension is fully reflected in all areas of European policy;
  • increase legal clarity as regards the application of the acquis communautaire in the field of sport and thereby help to improve sport governance in Europe.

Thematic structure

Three themes are covered by the White Paper:

  • the “societal role of sport”, i.e. what sport represents as a social phenomenon;
  • the “economic dimension of sport”, i.e. the contribution of sport to growth and the creation of jobs in Europe;
  • the “organisation of sport”, i.e. the role of each stakeholder (public or private, economic or sporting) in the governance of the sports movement.

Action Plan

An Action Plan bearing the name of Pierre de Coubertin, in tribute to the father of the modern Olympic Games, completes this White Paper.

In this Action Plan, the Commission proposes a range of specific actions relating to the societal and economic aspects of sport, such as health, social inclusion, voluntary work, education or external relations.

The Action Plan includes the following proposals:

  • the development of guidelines on physical activity and the establishment of a European network for the promotion of sport as a health-enhancing activity;
  • greater coordination in the fight against doping at European level;
  • the award of a European label to schools which encourage involvement in physical activities;
  • the launch of a study on volunteer work in sport;
  • the improvement of social inclusion and integration through sport using European programmes and resources;
  • the promotion of the exchange of information, experiences and good practices between law-enforcement services and sport organisations for the prevention of racism and violence;
  • the promotion of the use of sport as a tool in European development policy;
  • the creation of statistics to quantify the economic impact of sport;
  • a study on public and private financing of sport;
  • an impact assessment on the activities of players’ agents and an evaluation of the value-added of possible Community intervention in this field;
  • better structuring of dialogue on sport at Community level, in particular through the organisation of an annual forum on sport;
  • intensification of intergovernmental cooperation in the field of sport;
  • promoting the creation of European social dialogue committees in the sport sector, and support for employers and employees.

Monitoring

The Commission will monitor the initiatives presented in this White Paper through a structured dialogue involving all the stakeholders in the world of sport:

  • European sport federations;
  • European umbrella organisations for sport, such as the European Olympic Committees (EOC), the European Paralympic Committee (EPC) and European non-governmental sport organisations;
  • national umbrella organisations for sport and national Olympic and Paralympic Committees;
  • other stakeholders in the field of sport represented at European level, including the social partners;
  • other European and international organisations (bodies of the Council of Europe and the United Nations, UNESCO, WHO, etc.).

Background

Sport, as a social and economic phenomenon, contributes to the achievement of the European Union’s strategic objectives of solidarity and prosperity. It conveys the concepts of peace, tolerance, mutual understanding and education, in line with the European ideal.

Today, sport is confronted with new problems, such as commercial pressure, trafficking in human beings, doping, racism, violence, corruption and money laundering.

The European Council recognised the essential role of sport in its Declaration of December 2000. The European Council of June 2007 set a mandate for the Intergovernmental Conference, according to which a provision in the future Treaty will be devoted to sport.

This White Paper stems from wide-ranging consultations started in 2005 of, in particular, the Olympic Committees, sport federations and the Member States.

 

The European Commission

Leave a reply

The European Commission

Outline of the Community (European Union) legislation about The European Commission

Topics

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

Institutional affairs > Building europe through the treaties > The Lisbon Treaty: a comprehensive guide

The European Commission

The Treaty of Lisbon reaffirms the essential functions of the Commission concerning its right of initiative, its executive functions and its duties of inspection and representation. Some of the changes made relate more specifically to the composition of the Commission. The creation of the post of High Representative of the European Union for Foreign Affairs and Security Policy is one of the main innovations. In addition, the Treaty of Lisbon endeavours to provide a satisfactory answer to the question of the number of Commissioners, which was long discussed in the context of the Treaties of Amsterdam and Nice. Finally, following on from the earlier amending treaties, the role and powers of the President have been strengthened.

COMPOSITION

The first Commission, appointed in accordance with the Treaty of Lisbon in 2009, is composed of one Commissioner for each Member State. However, as from 2014, the Treaty of Lisbon provides that the number of Commissioners making up the Commission will be smaller than the number of Member States. The members of the Commission will be chosen on the basis of a rotation system founded on the principle of equality, the rules of which will be adopted by the European Council acting unanimously and in accordance with the following principles:

  • the number of Commissioners should be equal to two thirds of the number of Member States;
  • Member States should be treated equally in terms of order of rotation and the length of time spent by their nationals as members of the College of Commissioners. Under no circumstances may two persons of the same nationality be members of the Commission at the same time;
  • each successive College of Commissioners must be constituted in a manner which best reflects the demographic and geographic diversity of all Member States of the EU.

This rotation system is the basic rule enshrined in the Treaty on European Union. However, the Treaty provides for an exception in that the European Council, acting unanimously, may decide to change the number of Commissioners. This option has already been taken up. To facilitate the entry into force of the Treaty of Lisbon, the European Council of 11 and 12 December 2008 (FR ) allowed for the adoption of a decision enabling the Commission to continue to include a national from each Member State after 2014.

The Treaty of Lisbon also creates a new position within the Commission: the High Representative of the EU for Foreign Affairs and Security Policy. The latter replaces both the Commissioner responsible for foreign relations and the senior official for foreign policy and common security. The role of the High Representative is to conduct the Union’s foreign policy. The High Representative for Foreign Affairs and Security Policy chairs the Foreign Affairs Council but is also one of the Vice-Presidents of the Commission. The High Representative is appointed by the European Council acting by a qualified majority with the agreement of the President of the Commission and is also subject, together with the President and the other members of the Commission, to a vote of approval by the European Parliament.

APPOINTMENT PROCEDURES

The way in which the President of the Commission is appointed has not changed. The President is nominated by the European Council, acting by a qualified majority, then approved by the European Parliament. Nevertheless, the Treaty of Lisbon is breaking new ground by introducing a direct link between the results of elections to the European Parliament and the choice of candidate for the Presidency of the Commission. From now on, the European Council must take account of the results in the Parliament when nominating the person it intends to appoint as President of the Commission. This change increases the weight carried by the Parliament in appointing the President and therefore raises the political stakes associated with European elections.

By common agreement with the elected President, the Commission then adopts the list of persons which it proposes to appoint as members of the Commission, with the exception of the High Representative for Foreign Affairs and Security Policy. The members of the Commission are chosen for their general competence and their independence. The Treaty of Lisbon adds a new criterion in terms of their commitment to Europe.

ROLE OF THE PRESIDENT

The Treaties of Amsterdam and Nice greatly increased the powers of the President of the Commission. The latter must define the College of Commissioners’ political guidelines but also determine its internal organisation. The President therefore assigns duties to the various Commissioners and may reallocate responsibilities during the President’s term of office. The President appoints the Vice-Presidents from among the members of the Commission, with the exception of the High Representative for Foreign Affairs and Security Policy. Since the entry into force of the Treaty of Lisbon, the President may also ask a Commissioner to resign without having to seek the Commission’s approval.

SUMMARY TABLE

Articles Subject

Treaty on European Union

17

Role and composition of the Commission; appointment and powers of the President of the Commission

18

Appointment and powers of the High Representative of the European Union for Foreign Affairs and Security Policy

Treaty on the Functioning of the European Union

244 to 250

Functioning of the Commission

Enforcing judgments: the transparency of debtors' assets

Leave a reply

Enforcing judgments: the transparency of debtors’ assets

Outline of the Community (European Union) legislation about Enforcing judgments: the transparency of debtors’ assets

Topics

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

Justice freedom and security > Judicial cooperation in civil matters

Enforcing judgments: the transparency of debtors’ assets

Even with a court judgment obtained, recovering cross-border debts may be difficult for creditors in practice if no information on the debtors’ assets or whereabouts is available. Because of this, the European Commission has adopted a Green Paper launching a public consultation on how to improve the recovery of debts through possible measures such as registers and debtor declarations.

Document or Iniciative

Green Paper of 6 March 2008 on the effective enforcement of judgments in the European Union: the transparency of debtors’ assets [COM(2008) 128 final – Not published in the Official Journal].

Summary

The late and non-payment of debts is detrimental to business and customers alike, particularly when no information is available on the debtor’s assets or whereabouts. This is a particular cross-border issue in debt recovery and has the potential to affect the smooth running of the internal market. In launching a public consultation, the European Commission has outlined the problems of the current situation and possible solutions in this Green Paper. Interested parties can submit their comments by 30 September 2008.

State of play

The search for a debtor’s address and information on his financial situation is often the starting point for enforcement proceedings. At national level, most Member States mainly use two different systems for obtaining information, either:

  • systems of declaration of the debtor’s entire assets or at least a part of it to satisfy the claim;
  • search systems with specific information (registers).

In this Green Paper, the European Commission focuses more on a series of measures instead of one single European measure to allow the creditor to obtain reliable information on the debtor’s assets and whereabouts within a reasonable period of time. Possible measures include:

  • drawing up a manual of national enforcement laws and practices: at present, there is very little information on the different enforcement systems in the 27 European Union Member States. Such a manual could contain all sources of information on a person’s assets, which could be accessed in each country; contact addresses, costs, etc.
  • increasing the information available and improving access to registers: the main sources of information on the debtor are public registers, such as commercial or population registers. However, these vary from one Member State to the next. The Commission is asking whether to increase information available in and access to commercial registers and in what way access to existing population registers should be enhanced. Furthermore, access to social security and tax registers by enforcement authorities may be increased, while respecting rules of data protection and social and fiscal privacy.
  • exchange of information between enforcement authorities: currently, enforcement bodies are not able to directly access the (non-public) registers of other Member States which are open to national enforcement bodies. In addition, there are no international instruments dealing with the exchange of information between national enforcement bodies. In the absence of a Europe-wide register, enhancing cooperation between national enforcement authorities and direct exchange of information between them may a possible solution.
  • measures relating to the debtor’s declaration: enforcement bodies have in several Member States the option to question the debtor directly regarding his assets, whereas in some Member States the debtor’s declaration is made in the form of a testimony before the enforcement court. In some Member States, the debtor has to fill out mandatory forms, and in others a debtor’s declaration does not exist at all. The European Commission is considering introducing a European Assets declaration, obliging the debtors to disclose all assets in the European judicial area. In this way, the transparency of the debtor’s assets would not be limited by the territoriality of the enforcement proceedings.

Agenda for a sustainable and competitive European tourism

Leave a reply

Agenda for a sustainable and competitive European tourism

Outline of the Community (European Union) legislation about Agenda for a sustainable and competitive European tourism

Topics

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

Enterprise > Industry

Agenda for a sustainable and competitive European tourism

Document or Iniciative

Communication from the Commission of 19 October 2007 – Agenda for a sustainable and competitive European tourism [COM(2007) 621 final – Not published in the Official Journal].

Summary

This Communication is the official launching and endorsement of an Agenda for sustainable and competitive tourism. The objectives of this Agenda are to deliver economic prosperity, social equity and cohesion and environmental and cultural protection.

These involve several challenges for the sector, including:

  • ensuring the safety of tourists and local communities;
  • protecting the natural and cultural resources of tourist destinations;
  • minimising resource use and pollution in tourism destinations;
  • managing change in the interests of the wellbeing of the community;
  • reducing the seasonality of demand;
  • addressing the environmental impact of transport linked to tourism;
  • making tourism experiences accessible to all, without discrimination;
  • improving the quality of tourism jobs.

The objectives of the Agenda will be achieved by means of appropriate policies such as sustainable destination management (for example, through spatial and land use planning or investment decisions on infrastructure and services), the integration of sustainability concerns by businesses and raising awareness of sustainability among tourists.

To achieve competitive and sustainable tourism the Commission proposes the following principles:

  • taking a holistic and integrated approach in order to ensure that tourism is well balanced and respectful of society and the environment;
  • planning for the long term, with an eye to the needs of future generations as well as our own;
  • achieving an appropriate pace of development, respecting the character of tourist destinations;
  • involving all stakeholders;
  • using the best available knowledge and sharing it across Europe;
  • minimising and managing risk (precautionary principle), i.e. taking preventative action to avoid damage to the environment or society;
  • reflecting impacts in costs (user and polluter pay) – prices should reflect the real costs to society of consumption and production activities;
  • setting and respecting limits, where appropriate – it is sometimes necessary to evaluate the capacity of tourist destinations and to limit the amount of tourism development;
  • undertaking continuous monitoring – sustainability means being alert all the time.

All tourism stakeholders in Europe are called upon to participate in the implementation of this Agenda: public authorities at all levels, businesses, tourists, educational and research establishments, trade unions, consumer associations, NGOs and international organisations. The Commission, for its part, plans to implement all of the actions set out below.

Mobilising actors to produce and share knowledge

Best practice related to sustainability and competitiveness must be shared. For this reason the Commission actively supports or will actively support the following initiatives:

  • the organisation of conferences and studies and the publication of a tourism learning area handbook;
  • cooperation between universities, research institutes, public and private observatories, tourism education and transnational training;
  • the creation of alliances between different types of destinations, the strengthening or the creation of platforms;
  • the organisation of the annual European Tourism Forum;
  • the use of the annual reports from Member States;
  • the collection and provision of statistical and geographic data and the activity of observatories;
  • the sharing of best practice with international organisations.

Promoting destinations of excellence

The Commission will continue to implement the “European Destinations of Excellence” (EDEN) initiative. It will also continue to promote Europe as a sustainable, quality destination. It will work towards this with the European Travel Commission and the national tourism organisations, and will lend greater support to the European Destination Tourism Portal.

Mobilising EU financial instruments

Tourism projects may receive funding from several Community funds, including:

  • the Cohesion Fund (in particular the European Regional Development Fund and the European Social Fund);
  • the European Agricultural Fund for Rural Development;
  • the European Fisheries Fund;
  • the 7th Framework Programme for Research;
  • the Leonardo da Vinci Programme;
  • the Competitiveness and Innovation Framework Programme.

Mainstreaming sustainability and competitiveness in Commission policies

Several Community policies can have an effect on tourism and its sustainability: environment, transport, employment or research. These policies have different impacts depending on the region. The Commission will take into account the specific needs of the areas, whether coastal areas, mountainous areas, rural areas or urban areas.

The Commission’s implementing powers

Leave a reply

The Commission’s implementing powers

Outline of the Community (European Union) legislation about The Commission’s implementing powers

Topics

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

Institutional affairs > The decision-making process and the work of the institutions

The Commission’s implementing powers

Document or Iniciative

Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers.

Summary

Implementing powers enable the Commission to adopt the implementing measures for a European legal act. The Commission only holds implementing powers if the basic legal act so provides. They are therefore not general powers. Moreover, the exercise of these powers is strictly framed in order to ensure that Member States are associated with the preparation of implementing acts.

This Regulation thus lays down the rules concerning the control of the exercise of the Commission’s implementing powers. This control is applied through the comitology procedures – the Commission must submit each draft implementing act to committees composed of representatives of Member States.

The committees

There are around 300 committees covering almost all of the Union’s powers. The committees are composed of representatives of Member States, but also of scientific experts or representatives from business and industry. They are chaired by a Commission representative, who nevertheless does not participate in voting when the committee delivers an opinion on a draft implementing act.

The role of the committees is to assist the Commission in preparing implementing acts. The Commission therefore consults them each time that it is about to adopt an implementing act. Depending on which procedure is undertaken, the committee’s positive opinion may be optional or obligatory. In all cases, committees offer a forum for discussion between the Commission and the national administrations of the Member States and the most satisfactory solution is always sought.

The procedures for the adoption of implementing acts

Within the committees, there are two types of procedure: the examination procedure and the advisory procedure. The procedure selected is laid down in the basic act which confers implementing powers upon the Commission.

Under the examination procedure, the Commission may only adopt an implementing act if the committee delivers a positive opinion. If a negative opinion is delivered, the Commission may either propose an amended version of the draft act within two months, or refer the matter to the appeal committee. If the appeal committee is seised, its opinion must be positive if the draft act is to be adopted.

As a general rule, the examination procedure applies to the adoption of implementing acts:

  • of general scope;
  • concerning programmes with substantial implications;
  • concerning the common agricultural and common fisheries policies;
  • concerning the environment, and the protection of the health or safety of humans, animals or plants;
  • concerning the common commercial policy;
  • concerning taxation.

The consultative procedure generally applies in all other cases. Under the consultative procedure, the Commission decides whether to adopt the act taking into account, as far as possible, the conclusions of discussions held within the committee.

Adoption of implementing acts in exceptional cases

Exceptionally, the Commission may adopt an implementing act even if a committee has delivered a negative opinion where that act is necessary to avoid creating:

  • a significant disruption of the markets in the area of agriculture;
  • a risk for the financial interests of the Union.

In such cases, the Commission submits the implementing act to the appeal committee immediately after its adoption. If the appeal committee delivers a negative opinion, the implementing act is repealed.

Adoption of implementing acts with immediate effect

In an emergency, a basic act may give immediate effect to implementing measures adopted by the Commission. The Commission may thus adopt implementing acts without having to consult the competent committee.

The duration of such acts cannot, however, exceed six months. Furthermore, the act must be submitted to the appeal committee at the latest 14 days after its adoption. If the appeal committee delivers a negative opinion, the implementing act is repealed.

Context

The legal basis for implementing powers is to be found in Article 291 of the Treaty on the Functioning of the European Union (TFEU). Pursuant to that article, implementing powers are generally held by Member States – they are responsible for applying European law in their internal law through their national administration.

However, there are cases where uniform application of European law is necessary in order to avoid, for example, any form of discrimination or distortion of competition. Thus, Article 291 of the TFEU enables the Commission to adopt implementing measures for a European judicial act. The basic act must then explicitly confer implementing powers upon the Commission.

References

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

Regulation (EU) No 182/2011

1.3.2011

–

OJ L 182, 28.2.2011

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

Transparency register

Leave a reply

Transparency register

Outline of the Community (European Union) legislation about Transparency register

Topics

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

Institutional affairs > The decision-making process and the work of the institutions

Transparency register

Document or Iniciative

Agreement between the European Parliament and the European Commission on the establishment of a transparency register for organisations and self-employed individuals engaged in EU policy-making and policy implementation.

Summary

With this Agreement, the European Parliament and the European Commission have established a common transparency register. This register contains information on organisations and individuals engaged in European policy-making and policy implementation. The information concerns, in particular, their type of activity, the interests they pursue and the resources they devote to their activities.

The register also includes a code of conduct and a complaint mechanism in the event of suspected non-compliance with the code.

The Agreement defines the structure of the transparency register, its scope and the obligations associated with registration.

Representation of interests

In accordance with Article 11 of the Treaty on European Union (EU), the European institutions shall maintain an open, transparent and regular dialogue with representative associations and civil society. The objective is to optimise the formulation and implementation of European policies by maintaining regular and legitimate relations with the principal stakeholders.

Many organisations have opened a ‘European office’ in Brussels for the purposes of representation activities. These activities include asserting their interests and influencing the EU’s decision-making process.

The transparency register therefore aims to register organisations and individuals engaged in these activities and to bring them together around a common code of conduct. It contributes to transparency and to compliance with laws and ethics in order, for example, to avoid excessive pressure or illegitimate access to information and policy-makers.

It is part of the EU’s transparency policy. Registration remains optional and does not constitute a form of EU accreditation of the organisations concerned.

Structure of the register

The register includes:

  • the scope of the register, eligible activities, sections open to registration (Annex I to the Agreement) and information, including financial information on the registered entities;
  • a code of conduct (Annex III);
  • a complaint mechanism and measures to be applied in the event of non-compliance with the code of conduct (Annex IV); these measures include suspension or removal from the register. These measures may lead to the withdrawal of the different types of badges affording access to the European Parliament.

Scope

The scope of the register covers all activities carried out with the objective of directly or indirectly influencing the formulation or implementation of European policies, irrespective of the channel or medium of communication used (media, forums, organising of events, think-tanks, etc.).

All organisations or individuals engaged in this type of activity are therefore expected to register.

However, this Agreement excludes certain activities from the scope of the register:

  • certain activities concerning the provision of legal and other professional advice to clients in judicial or administrative proceedings;
  • activities of social partners acting as participants in the social dialogue (trade unions, employers’ associations, etc.);
  • activities carried out in response to direct and individual requests from EU institutions or Members of the European Parliament.

The register covers all entities engaged in eligible activities (including lobbyists). However, governments of Member States and third countries, international organisations and diplomatic missions are not expected to register. Churches, religious communities and local and regional authorities are not concerned either; however, their offices or the legal entities they set up to represent them are expected to register.

Rules applicable after registration

By registering, the organisations and individuals concerned:

  • agree that the information which they provide shall be public;
  • agree to act in compliance with the code of conduct;
  • guarantee that the information provided is correct;
  • accept that the complaint mechanism may be implemented.

Implementation of the register

The services of the European Parliament and the European Commission will establish a joint operational structure, to be known as “the joint Transparency Register Secretariat”. This secretariat will be responsible for the ongoing administration of the register and will contribute to the quality of its content.

Context

The new register builds upon and continues the existing registration systems set up by the European Parliament in 1996 and the European Commission in 2008. It is one of the implementing strands of the European Transparency Initiative launched in 2007 by the Commission.

References

Act Entry into force Deadline for transposition in the Member States Official Journal
Agreement between the European Parliament and the European Commission

–

–

OJ L 191 of 22.7.2011

Cooperation between the European Parliament and the European Commission

Leave a reply

Cooperation between the European Parliament and the European Commission

Outline of the Community (European Union) legislation about Cooperation between the European Parliament and the European Commission

Topics

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

Institutional affairs > The decision-making process and the work of the institutions

Cooperation between the European Parliament and the European Commission

Document or Iniciative

Framework Agreement on relations between the European Parliament and the European Commission.

Summary

This Framework Agreement has been signed between the European Parliament and the European Commission. It comprises several provisions relating to the organisation of work between the two institutions.

In particular, these provisions concern:

  • the political responsibility of the Commission;
  • the establishment of regular and effective political dialogue;
  • the implementation of legislative procedures.

Political responsibility of the Commission

There is a strong political connection between the composition of the European Commission and the Parliament. The President and the other members of the Commission must be approved by the Members of the European Parliament. The Parliament is then consulted on any reorganisation of the Commission, particularly with regard to:

  • the resignation and replacement of a Member of the Commission;
  • the redistribution of responsibilities within the Commission.

The Parliament may also make a request to the President of the Commission for the resignation of a Member of the Commission. The President shall then consider the request and provide an explanation in the case of a refusal.

Furthermore, Members of the Commission may stand as candidates in elections of the European Parliament. In such cases, the Framework Agreement specifies that they are required to take unpaid electoral leave during their election campaign.

Political dialogue

The Framework Agreement aims to establish effective cooperation between the Commission and the Parliament. It therefore provides for the organisation of regular meetings between representatives of the two institutions. These meetings may, for example, bring together the college of commissioners and the chairs of the parliamentary committees.

Through this Framework Agreement, the Parliament and the Commission have also undertaken to examine carefully any request made by either institution. In addition, the Commission commits to guaranteeing the Parliament access to its meetings and documents relating to legislative and budgetary procedures.

In addition, the Framework Agreement lays down specific provisions for concluding international agreements to which the EU is party. The Framework Agreement thus ensures that the Parliament is consulted during the negotiation and conclusion of agreements.

Furthermore, the Commission is the European institution responsible for representing the EU at international conferences. In this capacity, it is committed to facilitating the inclusion of delegations made up of Members of the European Parliament to accompany Union delegations to certain conferences. However, delegations made up of Members of the European Parliament shall only have observer status and cannot therefore participate in potential negotiations.

Lastly, the Framework Agreement provides for cooperation between the Commission and the Parliament in certain specific areas:

  • the application of the principles of subsidiarity and proportionality;
  • cooperation with national parliaments;
  • calling upon national experts to work with the Commission.

Cooperation in legislative procedures

The Framework Agreement specifies the organisation of the work between the Parliament and the Commission for implementing legislative procedures.

The Commission must firstly present its annual work programme to the Parliament. During the procedure for adopting acts, the Framework Agreement then guarantees several commitments on the part of the two institutions. These commitments concern for example the deadlines for the issue of amendments by the Parliament and the careful examination of such amendment by the Commission.

Furthermore, during the parliamentary examination of the legislative proposals, Members of the European Parliament may address questions to members of the Commission. These questions may be asked either during plenary sittings of the Parliament or through the parliamentary committees. Members of the Commission may also be heard before the Parliament at their request.

Context

Interinstitutional agreements are concluded between the European institutions on the basis of Article 295 of the Treaty on the Functioning of the EU. The objective of these agreements is to organise and facilitate cooperation between the institutions, particularly between the Commission, the Parliament and the Council.

Furthermore, interinstitutional agreements are binding only on those institutions which have signed them. They cannot contradict or amend the provisions of the founding Treaties of the EU.

References

Act Entry into force Deadline for transposition in the Member States Official Journal
Framework Agreement on relations between the European Parliament and the European Commission.

20.10.2010

–

OJ L 304 of 20.11.2010

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

Plan D for Democracy, Dialogue and Debate

Leave a reply

Plan D for Democracy, Dialogue and Debate

Outline of the Community (European Union) legislation about Plan D for Democracy, Dialogue and Debate

Topics

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

Institutional affairs > The decision-making process and the work of the institutions

Plan D for Democracy, Dialogue and Debate

Document or Iniciative

Communication from the Commission to the Council, the European Parliament, the European Economic and Social Committee and the Committee of the Regions. “The Commission’s contribution to the period of reflection and beyond: Plan-D for Democracy, Dialogue and Debate” [COM(2005) 494 final – Not published in the Official Journal].

Summary

The European Commission’s Plan D for Democracy, Dialogue and Debate sets out a process aimed at encouraging wider debate on the future of the EU, between the EU institutions and citizens.

Objectives

A debate on the future of Europe should address the needs and expectations of citizens in order to maintain trust and involvement in representative democracy. Plan D is therefore about dialogue, debate and listening to citizens’ needs and expectations. It also seeks to encourage communication on the activities of the EU by addressing target audiences, (for example young people), and using mass media, like television and the internet, the latter as an interactive forum for political debate. A specific Eurobarometer survey on the future of Europe will be presented by the European Commission in order to learn from the concerns expressed by citizens.

Plan D should result in a new consensus on the European project and basically addresses two issues:

  • assisting national debates on the future of Europe;
  • presenting initiatives to strengthen dialogue, public debate and citizen participation.

Assisting national debates on the future of Europe

National debates should focus on examining and discussing the added value and benefits for citizens of concrete achievements and projects of the EU.

The European Commission emphasises its wish to assist Member States in the organisation of events aimed at raising the profile of citizen participation in these Europe-wide debates. Co-operation with other EU institutions and bodies as well as national, regional and local parliaments plays an important role in this respect.

Initiatives to strengthen dialogue, public debate and citizen’s participation

Plan D proposes 13 specific EU initiatives and actions in order to strengthen and stimulate dialogue, public debate and citizen’s participation. The European Commission is to play a significant role in these initiatives, in partnership with the other European institutions and bodies.

Specific EU actions include visits by commissioners to Member States and national parliaments, support for citizens’ projects, a drive for more openness over Council meetings, the creation of a network of “European Goodwill Ambassadors” to raise the profile of the European debate, as well as support for projects to increase voter participation.

Feedback process

A feedback process on the results of the national debates will take place in 2006 in order to let citizens’ participation have a direct impact on the political agenda of the EU. The feedback will take the form of a set of conclusions and an overall synthesis of the outcome of national debates, as well as the organisation of a European Conference on the future of Europe on 9 May 2006.

Background

After the rejection of the European Constitution by French and Dutch voters in June 2005, the Heads of State and Government called for a “period of reflection” in order to enable Member States to initiate national debates on the future of Europe. Plan D seeks to facilitate this process of national debate by putting in place a framework for dialogue and debate.

Plan D will be implemented in combination with an Action Plan ( ), adopted by the Commission on 20 July 2005, to improve communication about the future of Europe.

Related Acts

Action Plan of 20 July 2005 to improve communicating Europe by the Commission [SEC(2005) 985 – Not published in the Official Journal].

This fact sheet is not legally binding on the European Commission, it does not claim to be exhaustive and does not represent an official interpretation of the text of the Treaty.

Overcoming the stigma of business failure

Leave a reply

Overcoming the stigma of business failure

Outline of the Community (European Union) legislation about Overcoming the stigma of business failure

Topics

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

Enterprise > Business environment

Overcoming the stigma of business failure

Document or Iniciative

Communication from the Commission of 5 October 2007 to the Council, the European Parliament, the European Economic and Social Committee and the Committee of the Regions: Overcoming the stigma of business failure – for a second chance policy – Implementing the Lisbon Partnership for Growth and Jobs [COM(2007) 584 final – Not published in the Official Journal].

Summary

Half of all businesses do not survive the first five years. However, the death of businesses is not incompatible with economic dynamism. Public opinion often associates failure with fraud or personal inability. Yet only 4 to 6 % of bankruptcies are fraudulent. Most of the time, bankruptcy is simply the direct consequence of business renewal.

Business failures have a high cost in terms of employment, purchasing power (unpaid wages) and finance (unpaid debts). This cost could be reduced if businesses in difficulty received better assistance and, in the event of bankruptcy, if it was made easier for them to make a fresh start. Furthermore, entrepreneurs who restart a business learn from their mistakes and subsequently enjoy greater success. For all these reasons, a second chance should be given to failed businesses.

Public image, education and the media

Europeans fear business failure. They need to be shown that new attempts are part of a normal process of learning, research and discovery through, for example, information campaigns and education programmes. The Commission has created awareness-raising tools which can be used for this purpose. The media also have a role to play, particularly when it comes to combating the cliché according to which bankruptcy is a crime, regardless of the cause. Lastly, sustained dialogue with all involved parties should make Europeans aware of the advantages of a fresh start.

The role of insolvency law

Many European bankruptcy laws treat fraudulent and honest business failure in the same manner. Sometimes, they impose restrictions, prohibitions and even disqualifications on bankrupts. Legislation should make a greater distinction between the treatment of fraudulent and non-fraudulent bankruptcies. Furthermore, legal proceedings should be made simpler and faster, lasting no longer than one year. Lastly, legislation should provide for early discharge from remaining debts subject to certain criteria. Overwhelming debts can in fact dissuade an entrepreneur from setting up another business.

Actively supporting businesses in difficulty

Business failure must be prevented by supporting entrepreneurs at as early a stage as possible. The Commission recommends that the Member States introduce support measures such as expert assistance. As businesses in difficulty cannot afford to pay for costly advice, it is essential to make such support more accessible. The Commission has in fact developed an early warning instrument: it has put a self-assessment tool on-line to help entrepreneurs make a rapid estimate of their financial health. In addition to this, the INTERREG IVC programme and European business organisations offer many possibilities for networking and the exchange of good practices in the field of business support.

Lastly, it is also possible to prevent bankruptcies by considering other alternatives: the Commission advises Member States to shift their focus to restructuring and rescuing businesses in difficulty.

Actively supporting restarters

Entrepreneurs who create a second business face psychological, technical and financial difficulties. Training and coaching should therefore be made available to them. It is also necessary to promote the link between these entrepreneurs and their clients, business partners and investors, who are often suspicious of bankrupts.

Furthermore, entrepreneurs who are restarting a business need financial resources. Public bodies should remove barriers to public financing. Banks and financial institutions should be less cautious vis-à-vis restarters, and the names of non-fraudulent bankrupts should not appear on lists restricting access to loans in the banking sector.