Tag Archives: Committee

Pensions Committee

Pensions Committee

Outline of the Community (European Union) legislation about Pensions Committee

Topics

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

Employment and social policy > Social protection

Pensions Committee

Document or Iniciative

Commission Decision 2001/548/EC of 9 July 2001 on the setting-up of a committee in the area of supplementary pensions [See amending acts].

Summary

Following the approval of the Social Policy Agenda (2000-2005),which took up the question of the portability of occupational pension rights, the consultation begun by the Green Paper on supplementary pensions of 10 June 1997 and the communication ” Towards a single market for supplementary pensions “. The latter proposed setting up a single market for supplementary pensions. On 9 July 2001 the Commission set up an advisory committee in the area of supplementary pensions.

The Forum’s remit is to act as a consultative body for the Commission with regard to problems and developments at Community level affecting supplementary pensions. The Pensions Forum assists the Commission in particular in finding solutions to the problems and obstacles associated with cross-border mobility of workers in the area of supplementary pensions. In addition, where appropriate, and on the basis of a proposal from the Commission, the Forum’s technical work may contribute to the activities of other related bodies or committees dealing with social and economic policy.

The Committee has 55 members and is made up of experts from national administrations in the EU and in other countries of the European Economic Area (EEA), social partners represented at European level and bodies involved in the area of supplementary pensions. The Committee may also invite anyone with particular knowledge of a subject included on the agenda of a Committee meeting to attend as an expert.

The members of the Committee, who meet at Commission headquarters, are appointed by the Commission on the basis of nominations from the Member States’ governments, the other countries of the EEA, the social partners and the other bodies on the Committee. Committee members’ term of office is two years and may be renewed.

The work of the Forum on supplementary pensions has confirmed that insufficient portability of supplementary pensions may create significant obstacles to the mobility of workers and therefore to the free movement of persons within the EU. While coordination of social security schemes allows migrant workers to fully preserve their accrued statutory pension rights, measures to improve the portability of supplementary pensions are still in their early stages. The difficulty in this area lies in the variety of supplementary pension schemes available and in the fact that they are often voluntary.

References

Act Entry into force – Date of expiry Deadline for transposition in the Member States Official Journal

Decision 2001/548/EC

9.7.2001

OJ L 196 of 20.7.2001
Amending act(s) Entry into force Deadline for transposition in the Member States Official Journal
Regulation (EC) No 1792/2006 1.1.2007 OJ L 362 of 20.12.2006

Related Acts

Commission Communication of 12 September 2003 concerning the second stage of consultation of social partners on measures to improve the portability of occupational pension rights [SEC(2003)916- Not published in the Official Journal].
Following the first stage of consultation of social partners on the portability of occupational pension rights, and in accordance with Article 138(2) of the EC Treaty, the Commission decided to begin a second stage of consultation of European social partners on the possible content of a Community measure to improve the portability of occupational pension rights.

Directive 2003/41/EC of the European Parliament and of the Council of 3 June 2003 on the activities and supervision of institutions for occupational retirement provision [Official Journal L 235 of 23.09.2003].
The aim of this Directive is to guarantee the freedom to provide occupational pension services across Europe and the free movement of capital in this sector. The common framework and the cooperation mechanisms created by the Directive will allow for the mutual recognition of pension funds and will therefore greatly widen the scope for cross-border management of occupational pension schemes and cross-border membership.

Commission Communication of 27 May 2002 concerning the first stage consultation of social partners on measures to improve the portability of supplementary pension rights [SEC(2002) 597 – Not published in the Official Journal].
The social partners were asked to give their opinion on the need for and possible direction of a Community action on the portability of occupational pension rights. In particular, the Commission consulted them on the usefulness of Community action in this field and the form such action should take (collective agreement, recommendation, code of practice, etc.).

Communication from the Commission to the Council, the European Parliament and the Economic and Social Committee – The elimination of tax obstacles to the cross-border provision of occupational pensions [COM(2001) 214 final – Not published in the Official Journal].
In this communication, the Commission called on Member States to eliminate all national tax rules which, by creating discriminatory conditions for occupational pension institutions established in other EU countries, are in breach of the Treaty’s provisions on the free movement of workers and capital, and on the freedom to provide services in the area of supplementary pensions.

Social Protection Committee

Social Protection Committee

Outline of the Community (European Union) legislation about Social Protection Committee

Topics

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

Employment and social policy > Social protection

Social Protection Committee

Document or Iniciative

Council Decision 2004/689/EC of 4 October 2004 establishing a Social Protection Committee and repealing Decision 2000/436/EC [Official Journal L 314 of 13.10.2004].

Summary

This Council Decision establishes the Social Protection Committee and repeals Decision 2000/436/EC based on the Commission’s communication ” A Concerted Strategy for modernising social protection “. The aim of this communication was to reflect on the importance of the convergence of social protection objectives and policies and to reaffirm the place of this social protection among the common values of the European Union (EU).

The Social Protection Committee was set up to promote cooperation on social protection policies between Member States and the Commission. Its main objectives are to:

  • make work pay and provide secure income;
  • make pensions safe and pension systems sustainable;
  • promote social inclusion;
  • ensure high-quality and sustainable health care.

The Social Protection Committee, which has an advisory role, consists of two representatives appointed by each Member State and two representatives of the Commission. It may also establish appropriate contacts with the social partners and social non-governmental organisations.

The new Committee retains all the tasks of the former Social Protection Committee, namely:

  • monitoring the social situation and the development of social protection policies in the Member States and the Community;
  • exchanges of information, experience and good practice;
  • preparing reports, formulating opinions or undertaking other work within its fields of competence, at the request of either the Council or the Commission or on its own initiative.

In practice, since its foundation, the Committee’s work has been largely determined by the strategic objective which the Union set itself in terms of socio-economic progress at the Lisbon European Council in March 2000: “to become the most competitive and dynamic knowledge-based economy in the world, capable of sustainable economic growth with more and better jobs and greater social cohesion”.

Background

The legal basis for the Social Protection Committee is Article 144 of the Treaty of Nice, which provides for the creation of a new Social Protection Committee to promote cooperation on social protection policies between the Member States and the Commission. The purpose of the decision to replace the former committee with this one is essentially procedural – to establish the Committee in line with the new legal basis.

References

Act Entry into force Deadline for transposition in the Member States Official Journal
Decision 2004/689/EC Official Journal L 314 of 13.10.2004

Related Acts

Council Decision 2000/436/EC of 29 June 2000 setting up a Social Protection Committee [COM(2000) 436, Official Journal L 172 of 12.07.2000].
On 29 June 2000, the Council approved the Commission’s proposal to help Member States to improve and strengthen their social protection systems. In this communication, the Commission proposes to begin a new phase in the process of examining social protection systems at Community level. To this end, the Council supported the Commission’s suggestion to establish a mechanism for enhanced cooperation brought about by the work of the group of high-level officials for the improvement of social protection systems. This group of officials laid the foundations of the Social Protection Committee.

The Social Protection Committee has clearly shown its usefulness as an advisory body for both the Council and the Commission, and it has been actively involved in developing the open method of coordination as defined by the Lisbon European Council.

Advisory Committee on Safety and Health at Work

Advisory Committee on Safety and Health at Work

Outline of the Community (European Union) legislation about Advisory Committee on Safety and Health at Work

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

Employment and social policy > Health hygiene and safety at work

Advisory Committee on Safety and Health at Work (ACSHW)

Document or Iniciative

Council Decision 2003/C 218/01 of 22 July 2003 setting up an Advisory Committee on Safety and Health at Work and repealing Decisions 74/325/EEC and 74/326/EEC.

Summary

This new committee takes over the activities of the two former committees which now no longer exist:

  • the Advisory Committee for Safety, Hygiene and Health Protection at Work, set up in 1974, for all economic activities except for the extractive industries and the protection of the health of workers against the dangers arising from ionising radiation;
  • the Safety and Health Commission for the Mining and Other Extractive Industries, set up in 1957, whose remit was extended to all extractive industries.

This Committee has the task of assisting the Commission in the preparation, implementation and evaluation of all initiatives related to safety and health at work, in particular:

  • defining, within the framework of Community action programmes, the criteria and aims for preventing accidents at work and health hazards within the undertaking;
  • defining methods enabling undertakings and their employees to evaluate and improve the level of protection;
  • contributing, alongside the European Agency for Safety and Health at Work, to keeping national administrations, trades unions and employers’ organisations informed of Community measures in order to facilitate cooperation and to encourage exchanges of experience and establish codes of practice.

In order to accomplish the above tasks, the Committee cooperates with the other committees involved in safety and health at work, inter alia with the Senior Labour Inspectors Committee and the Scientific Committee for Occupational Exposure Limits to Chemical Agents.

The Committee consists of three full members from each Member State: one government representative, one trade union representative and one employers’ representative. They are appointed by the Council for a three-year term, which is renewable.

It is chaired by a Commission official.

The Committee’s opinions are delivered by an absolute majority of the votes validly cast, and reasons are given for these opinions.

Context

Given the radical changes in working life over the past few years, the opportunities opened up by enlargement and the implementation of a new Community strategy on safety and health (2002-2006), it had become necessary to streamline the operation of the two existing advisory committees. The creation of the new Committee should allow the following objectives to be achieved:

  • extending this Committee’s role to all aspects related to safety, hygiene and health protection at work;
  • integrating the activities of the various bodies involved in defining and implementing Community policy on health and safety at work (cooperation with other advisory committees and with the European Agency for Safety and Health at Work).

References

Act

Entry into force

Deadline for transposition in the Member States

Official Journal

Decision 2003/C 218/01

01.01.2004

Official Journal [C 218 of 13.9.2003]

Insurance and occupational pensions: regulatory and supervisory committee

Insurance and occupational pensions: regulatory and supervisory committee

Outline of the Community (European Union) legislation about Insurance and occupational pensions: regulatory and supervisory committee

Topics

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

Internal market > Single market for services > Financial services: insurance

Insurance and occupational pensions: regulatory and supervisory committee

Acts

Commission Decision 2004/9/EC of 5 November 2003 establishing the European Insurance and Occupational Pensions Committee (Text with EEA relevance).

Summary

The establishment of a supervisory and regulatory committee shall contribute to the realisation of a single market in financial services in accordance with the framework defined by the Financial Services Action Plan (FSAP).

Creation of the EIOPC

The EIOPC contributes to improving regulation in the fields of insurance, reinsurance and occupational insurance. Its creation responds to the need to extend beyond the securities markets the four-level regulatory framework advocated in the report by the Committee of Wise Men, called the Lamfalussy report in 2001. As an advisory body, it participates in preparing and applying the measures for implementing the framework principles laid down in the relevant directives and regulations. The Lamfalussy process was re-examined in 2007. During the re-examination of this process, it was deemed necessary to enhance the action of this committee and to introduce a strengthened legal framework.

As it oversees developments in the fields of insurance, reinsurance and occupational pensions, the advisory committee participates in drawing up the measures implementing the framework principles. However, it does not have the power to address issues of labour law or social law.

The role of the EIOPC

The EIOPC is, first and foremost, an advisory body. Its main task is to advise the Commission on legislative proposals and existing legislation governing insurance, reinsurance and occupational pensions.

Context

The interdependency of European Union financial systems and the disappearance of the distinction between bank-related activities and those related to securities and insurance complicate supervision both at national and European levels. A system is therefore needed in order to identify potential risks, across borders and across sectors, at an early stage so as to preserve financial stability.

References

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

Decision 2004/9/EC

13.4.2005

OJ L 3, 7.1.2004

Securities markets: Advisory, regulatory and supervisory committee

Securities markets: Advisory, regulatory and supervisory committee

Outline of the Community (European Union) legislation about Securities markets: Advisory, regulatory and supervisory committee

Topics

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

Internal market > Financial services: transactions in securities

Securities markets: Advisory, regulatory and supervisory committee

Acts

Commission Decision 2001/528/EC of 6 June 2001 establishing the European Securities Committee (Text with EEA relevance) [See amending acts].

Summary

The establishment of the supervisory and regulatory committees is designed to give practical impetus to the achievement of a single market in financial services in accordance with the framework spelt out in the Financial Services Action Plan (FSAP).

Creation of the ESC

The ESC was set up in 2001 to help improve the regulation and supervision of securities markets. Its creation meets the needs of the four-level regulatory framework advocated in the report by the Committee of Wise Men, the Lamfalussy report in 2001. As an advisory body, it participates in preparing and applying the measures for implementing the framework principles laid down in the relevant directives and regulations. The Lamfalussy process was re-examined in 2007. As part of the re-examination of this process, it seemed necessary to enhance the action of these committees and to establish a strengthened legal framework.

As it oversees developments on securities markets, this advisory committee participates in drawing up the implementing measures for the framework principles. It is also responsible for assessing risks which represent a major factor in financial stability.

Role of the ESC

The ESC is, first and foremost, a body for consultation and reflection. The committee is principally responsible for advising the Commission on policy issues and draft proposals which it could adopt in the field of securities.

Composition of the ESC

The ESC is composed of high-level representatives of Member States and is chaired by a representative of the Commission. The committee may invite experts and observers to attend its meetings.

Context

The interdependency of European Union financial systems and the disappearance of a distinction between bank-related activities, those related to securities and to insurance complicates monitoring both at national and European level. It is therefore essential to introduce a system to detect any cross-border and cross-sectoral risks rapidly so as to preserve financial stability.

Decision 2009/77/EC repeals Decision 2001/527/EC.

References

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

Decision 2001/528/EC

7.6.2001

OJ L 191, 13.7.2001

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

Decision 2004/8/EC

13.4.2005

OJ L 3, 7.1.2004

European Banking Committee

European Banking Committee

Outline of the Community (European Union) legislation about European Banking Committee

Topics

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

Internal market > Single market for services > Financial services: banking

European Banking Committee

Acts

Commission Decision 2004/10/EC of 5 November 2003, establishing the European Banking Committee (Text with EEA relevance).

Summary

The establishing of a supervisory and regulatory committee aims at further facilitating the completion of the single market for financial services.

The EBC

The European Banking Committee (CBE) replaces the Banking Advisory Committee (established by Directive 77/78/EC in 1978). It is run by the European Commission and represents “Level 2” in the current Financial Services Supervision and Committee Architecture.

The EBC has an advisory and legislative role. It is central to the preparation and implementation of European banking legislation. It advises the Commission on political issues concerning banking activities and issues opinions on the proposals they present.

The EBC is composed of various participants. Members are high-level representatives from Member States, most particularly from finance ministries. The European Central Bank and the European Banking Authority participate as observers. The Commission may invite other experts and observers, such as representatives of the European Economic Area (EEA) countries.

Context

The EBC contributes to improving banking regulation and to supervising the application of European legislation in this field. As a consultative body, the committee intervenes in the preparation and application of implementing measures for framework principles defined by Directives and Regulations.

References

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

Decision 2004/10/EC

13.4.2005

OJ L 3, 7.1.2004

Gender balance within the committees and expert groups set up by the Commission

Gender balance within the committees and expert groups set up by the Commission

Outline of the Community (European Union) legislation about Gender balance within the committees and expert groups set up by the Commission

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

Gender balance within the committees and expert groups set up by the Commission

To achieve equal representation of women and men in the expert groups and committees set up by the Commission.

2) Document or Iniciative

Commission Decision 2000/407/EC of 19 June 2000 relating to gender balance within the committees and expert groups established by it [Official Journal L 154 of 27.06.2000].

3) Summary

Equality between women and men is essential to human dignity and democracy. It constitutes a fundamental principle of Community law, of the constitutions and laws of the Members States, and of international and European conventions. The European Union (EU) has committed itself to an active policy of gender mainstreaming for women and men in all Community activities and policies. The Community framework strategy on gender equality (2001-2005), adopted in June 2000, reaffirms this commitment and the EU’s intention to reduce and ultimately eliminate inequalities between the sexes.

At the United Nations Fourth World Conference on Women (Beijing 1995), the European Community committed itself to promoting women in decision-making. However, despite the Council Recommendation of 2 December 1996 on the balanced participation of women and men in the decision-making process, women are still under-represented in decision-making bodies, including those established by the Commission.

For this reason, the Commission commits itself in this Decision to creating a gender balance in expert groups and committees established by it. The aim in the medium term is to ensure that there are at least 40% of members of each sex in every expert group and committee.

For expert groups and committees already in existence, the Commission will aim to redress the gender balance upon each replacement of a member and when the term of a member of an expert group or committee comes to an end.

Three years after the adoption of the present Decision the Commission shall review its implementation and publish a report, which shall include statistical analysis of the gender balance in expert groups and committees. Depending on the results of this review the Commission shall, at that time, take whatever action is appropriate.

Act Date
of entry into force
Decision 2000/407/EC 27.06.2000

4) Implementing Measures

5) Follow-Up Work

Annual Commission Report of 5 March 2003 on Equal Opportunities for Women and Men in the European Union 2002 [COM(2003) 98 final – Not published in the Official Journal];

Annual Commission Report of 28 May 2002 on Equal Opportunities for Women and Men in the European Union 2001 [COM(2002) 258 final – Not published in the Official Journal];

Annual Commission Report of 2 April 2001 on Equal Opportunities for Women and Men in the European Union 2000 [COM(2001) 179 final – Not published in the Official Journal];

Council Decision 2001/51/EC of 20 December 2000 establishing a Programme relating to the Community framework strategy on gender equality (2001-2005) [Official Journal L17 of 19.01.2001];

Communication from the Commission of 7 July 2000 on the Commission Decision relating to a gender balance within the committees and expert groups established by it [Official Journal C 203 of 18.07.2000];

Communication from the Commission of 7 June 2000 – “Towards a community framework strategy on gender equality” [COM(2000) 335 final – Not published in the Official Journal].

The Commission’s implementing powers

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.