Brussels, 29 May 2007
BACKGROUND 1
EMPLOYMENT, SOCIAL POLICY, HEALTH AND CONSUMER AFFAIRS COUNCIL
Brussels, 30-31 May 2007
The Council's meeting will start at 10:00 , on both days. Employment and social policy items will be dealt with on 30 May, under the Presidency of Mr Franz MÜNTEFERING , Federal minister of Labour and Social Affairs and of Ms Ursula VON DER LEYEN, Federal Minister for Family affairs, Senior citizens, women and youth of Germany. Health and consumer items will be addressed on 31 May, under the Presidency of Mr Horst SEEHOFER , Federal Minister of Food, Agriculture and Consumer Protection and Ms Ulla SCHMIDT , Federal Minister of Health of Germany.
Employment and social policy
The Council will endorse a joint EMCO/SPC opinion on active ageing . It will hold a policy debate and adopt a Resolution on a new Community strategy 2007-2012 on health and safety at work .
Coordination of social security schemes (public deliberation ):
The Council will agree on partial general approaches concerning: – a draft regulation on the implementation of Regulation (EC) No 883/04; – a draft regulation amending Regulation (EC) No 883/04 and determining the content of its Annexes VIII and XI.
It will agree on a general approach on a draft regulation amending Regulation (EEC) No 1408/71 (miscellaneous amendments 2006).
The Council will also endeavour to reach a general approach on a draft directive on supplementary pension rights (public deliberation).
1 This note has been drawn up under the sole responsibility of the Press Office.
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The Council will hold an exchange of views and adopt conclusions on the establishment of an Alliance for Families (public debate). It will adopt conclusions on the implementation of the Beijing Platform for Action and will take note of a progress report on social services of general interest.
Health and Consumer Affairs
Food improvement package (public deliberations):
The Council will agree on general approaches on draft regulations: – establishing a common authorisation procedure for food additives, food enzymes and food flavourings; – on food additives ; – on food enzymes . It will take note of a progress report on a draft regulation on flavourings .
The Council will adopt a resolution on EU consumer policy strategy 2007-2013 as well as conclusions on health promotion by means of nutrition and physical activity (public debates) .
It will reach first reading agreement with the European Parliament on a draft regulation on advanced therapy medicinal products (public deliberation). The Presidency will in this context also inform about the successful outcome of the negotiations with the European Parliament concerning the revision of the medical devices directives.
The Council will adopt a recommendation on the prevention of injury and the promotion of safety .
It will hold a policy debate and adopt conclusions on combating HIV/AIDS within the EU and in the neighbouring countries (public debate).
It will hold an exchange of views on the Community framework on health services and adopt Council conclusions (public debate).
Moreover, the Council will hold an exchange of views on a Commission green paper " Towards a Europe free from tobacco smoke : policy options at EU level" (public debate) .
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The Presidency will hold press conferences on Wednesday, 30 May at 14.30h and on Thursday, 31 May at lunch time.
2 Employment and social policy
Active ageing
The Council will endorse a joint Employment Committee and Social Protection Committee opinion on active ageing (9269/07) , encouraging older people to remain active in later life.
Community strategy 2007-2012 on health and safety at work
The Council will hold a policy debate, on the basis of the following questions suggested by the Presidency (9797/07) :
1. What concrete initiatives and measures will the Member States take in order to improve health and safety at work and ensure a high level of protection?
2. What measures should be taken at European level to make "good work" an EU "trademark"?
The Council will further adopt a Resolution on a Community strategy 2007-2012 on health and safety at work (9353/07) .
Built on the previous strategy 2002-2006, the new Community strategy aims at further reducing accidents at work and the incidence of occupational illnesses.
Social security – implementing regulation (public deliberation )
Pending the European Parliament first reading opinion, the Council will reach a partial general approach on a draft regulation aimed at implementing Regulation (EC) No 883/2004 2 on the coordination of social security systems, covering chapter I of title III (sickness, maternity and equivalent paternity benefits) and chapter I of title IV (financial provisions) of the proposal (9747/07 and 9752/07 ).
Regulation (EC) No 883/2004 was the first step of a process aimed at modernising and simplifying EU rules on the coordination of the national social security systems. Such rules are intended to allow EU citizens to move freely within Europe, while maintaining their social rights and expectations (health, pensions, unemployment protection, etc.).
2 Regulation of the European Parliament and of the Council of 29 April 2004 on the coordination of social security systems, OJ L 166, 30.4.2004, corrigendum OJ L 200, 7.6.2004.
3 The process must be completed with the adoption of the implementing regulation 3, which proposal is now under examination. The regulation will replace Regulation 574/72 4, with provisions that would strength cooperation between national institutions and improve the methods of data exchange.
In accordance with the approach already taken for the adoption of Regulation (EC) No 883/2004, it has been decided to aim for Council's agreement on a chapter-by-chapter basis. On 1 June 2006, the Council reached a partial general approach on Titles I and II of the proposal. On 1 December 2006, the Council reached a partial general approach on Chapter 4 of Title III.
Legal basis proposed: Articles 42 and 308 of the Treaty – unanimity required for a Council decision; co-decision procedure with the European Parliament applicable.
Social security – Annex XI (public deliberation )
Pending the European Parliament first reading opinion, the Council will reach a partial 5 general approach on a draft regulation amending Regulation (EC) No 883/2004 on the coordination of the social security systems and determining the content of its Annexes VIII and XI.
Annex VIII provides for a simplified procedure for the calculation of pensions in certain cases. Annex XI contains provisions regarding specific aspects of individual Member States' legislation.6 These Annexes are necessary so as the particularities of the various systems of the Member States might be taken into account.
Legal basis proposed: Articles 42 and 308 of the Treaty – unanimity required for a Council decision; co-decision procedure with the European Parliament applicable.
Social security – miscellaneous amendments 2006 (public deliberation )
Pending the European Parliament first reading opinion, the Council will agree on a general approach on a draft regulation amending Regulation 1408/71 on the application of the national social security schemes to persons moving within the Community.
The draft regulation aims to update and amend the references in certain Annexes to Regulation No 1408/71 to take account of changes in national legislation.
3 See Article 89 of Regulation (EC) No 883/2004. 4 OJ L 74, 27.3.1972, as last amended by Regulation (EC) No 647/2005, OJ L 28, 30.1.1997. 5 Covering the parts of the proposal corresponding to chapter I of title III and chapter I of title IV of the proposed implementing regulation. 6 See Article 83 of the Regulation.
4 Supplementary pension rights (public deliberation )
Pending the first reading opinion of the European Parliament, the Council will seek to agree on a general approach on a first directive on supplementary pension rights ( 9761/1/07 , 9763/07 ).
The draft directive aims to facilitate worker's free movement. Supplementary pension schemes are important to cover the risk of old age in Member States.
The draft directive's main objectives are to:
• guarantee an adequate protection of dormant rights of outgoing workers; • ensure that workers receive appropriate information in the event of professional mobility.
Legal basis proposed: Articles 42 and 94 of the treaty – unanimity required for a Council decision and co-decision procedure with the European Parliament applicable. The European Parliament has postponed the adoption of its first reading opinion, with a view to allowing the two institutions to continue to explore the possibility of reaching an early agreement.
Alliance for families (public debate )
According to the 2007 European Spring Summit conclusions, the European Alliance for Families constitutes a platform for the exchange of views and knowledge at the European level. It represents a sustainable commitment of the EU and the Member States to address, within the context of demographic change, issues related to family-friendly policies, to support each other in the search for forward-looking political responses and to make knowledge and experience available for all actors, so as to reinforce shared efforts.
The Council will hold an exchange of views on the establishment of an Alliance for families, on the basis of the following questions suggested by the Presidency ( 8913/07) :
1. The exchange of views and information within the Alliance for Families is designed to help strengthen the Lisbon strategy. In what family-related areas in particular could you envisage contributing to such an exchange?
2. What knowledge, experience and facts would you like to have at your disposal in framing national policies to support families, and how could the role of existing or new instruments (such as the High-Level Group on Demography) and forms of cooperation (e.g. joint research activities, peer review activities, involvement of the social partners and of civil society) be further fleshed out to that end?
5 Moreover, the Council and the representatives of the governments of the Member States, meeting within the Council, will adopt conclusions on the importance of family-friendly policies in Europe and the establishment of an Alliance for Families (9317/07) .
The conclusions indicate some lines of action for the Commission and the Member States for implementing and further developing the Alliance for Families and to take into consideration the needs of the families.
Beijing platform for action
As part of the annual follow-up to the Beijing platform for action for the advancement of women 7, the Council will adopt conclusions (9152/07) setting out 3 indicators on " Education and training of women ", one of the 12 critical areas for action 8: proportion of female graduates in mathematics, sciences and technical disciplines (tertiary education), employment rate of women and men by highest level of education attained and proportion of female and male academic staff .
Since 1999, successive Presidencies have each year chosen one of the 12 critical areas of concern of the Beijing Platform for Action and presented a number of indicators for that area 9.
7 Adopted during the UN World Conference on Women in 1995 ( see http://www.un.org/womenwatch/daw/beijing/platform/plat1.htm ). 8 – Burden of poverty on women; – Access to education and training; – Access to health care and related services; – Violence against women; – The effects of armed or other kinds of conflict on women, including those living under foreign occupation; – Inequality in economic structures and policies, in all forms of productive activities and in access to resources; – Inequality in the sharing of power and decision-making at all levels – Insufficient mechanisms at all levels to promote the advancement of women; – Lack of respect for and inadequate promotion and protection of the human rights of women; – Stereotyping of women and inequality in women's access to and participation in all communication systems, especially in the media; – Gender inequalities in the management of natural resources and in the safeguarding of the environment; – Persistent discrimination against and violation of the rights of the girl child. 9 Women in power and decision-making (1999); Women in the economy (reconciliation of work and family life) (2000); Women in the economy (equal pay) (2001); Violence against women (2002); Women and men in economic decision-making (2003); Sexual harassment at the workplace (2004); Women and health, (2006); and Institutional Mechanisms (2006).
6 Social services of general interest
The Council will take note of an oral progress report by the chair of the Social Protection Committee, as part of the open consultation mentioned in the Commission communication: Implementing the Community Lisbon programme: social services of general interest in the EU (9038/06 ).
The aim of the communication is to identify the specific characteristics of social services of general interest and to clarify how EU state aid, internal market and public procurement rules apply to these services. It is to be recalled that certain social services are excluded from the scope of the " services " directive.
The communication presents an open list of characteristics reflecting the specific nature of social services of general interest. In addition to the traditional criteria (universality, transparency, continuity, accessibility, etc), these characteristics refer to the organisational conditions and modalities applying to those services.
The communication constitutes a starting point for a consultation by the Commission of Member States, service providers and users of services.
Health and Consumer Affairs
EU Consumer Policy Strategy 2007-2013 (public debate )
The Council will adopt a resolution on the EU Consumer Policy Strategy 2007-2013 (9542/07) .
In its resolution, the Council welcomes the development of a Commission's consumer policy strategy for 2007-2013 10 at EU level aimed at maximising consumer choice and confidence by empowering and protecting consumers, promoting jobs and growth and extending competitive markets.
Food improvement agents package (public deliberations)
Pending the European Parliament first reading opinion, the Council will reach general approaches on three draft regulations concerning:
– common authorisation procedure; – food additives; – food enzymes.
It will take note of a progress report regarding a draft regulation on:
– flavourings.
10 7503/07 .
7 The package of four draft regulations is designed to overhaul the Community's rules on food improvement agents 11 . The proposals aim at reviewing the current legislation on food additives and flavourings and at introducing a simplified common Community approval procedure for food additives, flavourings and enzymes, which would be based on scientific opinions from the European Food Safety Authority (EFSA).
Under the new proposed system, harmonized Community rules would be laid down for the first time for the evaluation, approval and control of enzymes used in food.
Legal basis proposed for the four regulations: Article 95 of the Treaty – qualified majority required for a Council decision; co-decision procedure with the European Parliament applicable.
Health promotion – nutrition and physical activity (public debate)
The Council will adopt conclusions on health promotion by means of nutrition and physical activity (9363/07) . These conclusions are based on the results of the Presidency conference on “Prevention for Health, Nutrition and Physical Activity – A Key to Healthy Living”, Badenweiler, 25-27 February 2007.
Overweight and obesity are increasing throughout the EU, especially among children, young people and lower socio-economic groups, becoming the leading cause of mortality in Europe as well as worldwide.
They are often the result of unbalanced diets and a lack of physical activity. They engender high costs for health and social systems as well as for the economy, due to lower productivity.
They must be tackled within a multifactor approach taking into account psychological, cultural and lifestyle influences.
The draft conclusions invite the Commission and the Member States to take the adequate measures to promote a healthy lifestyle.
Advanced therapy medicinal products (public deliberation)
The Council will aim to reach first reading agreement with the European Parliament on a draft regulation on advanced therapy medicinal products (9756/07) based on the amendments as they were voted by the by European Parliament plenary on 25 April 2007.
11 12179/06 , 12180/06 , 12181/06 and 12182/06 .
8 The main objective of this proposal is to create a single legal framework for three kinds of therapies (gene therapy, somatic cell therapy and tissue-engineering) where scientific and technical development is very fast.
Developments in this field is of great importance for future treatment of illnesses, so as there is a large need to create Community rules in order to facilitate innovation, development and clinical use on an emerging market.
The Commission made a proposal that deals with security and efficacy of tissue engineered products, rather than on the origin of the material, since such issues are handled in other legal instruments (e. g. the "tissue directive").
Legal basis proposed: Article 95 of the Treaty – qualified majority required for a Council decision; co-decision procedure with the European Parliament applicable.
Prevention of injury and promotion of safety
The Council will adopt a recommendation on the prevention of injury and the promotion of safety.
In the EU, the rate of accidents and injuries is increasing and becoming a leading cause of death and chronic disability among children, adolescents and young adults.
The draft recommendation aims, in particular, to improve the use of existing data as well as the development, where appropriate, of an injury surveillance and of a reporting mechanism, with a view to ensure a coordinated approach across Member States to develop their national policies, including the exchange of best practice.
The priority areas identified are:
• the safety of children and adolescents; • the safety of elderly citizens; • the safety of vulnerable road users; • prevention of sports and leisure injuries; • prevention of injuries caused by products and services; • prevention of self-harm; • prevention of violence against women and children.
Legal basis proposed: 152 (4) of the Treaty – qualified majority required for a Council decision.
9 Combating HIV/AIDS within the EU and in the neighbouring countries (public debate)
The Council will hold a policy debate on combating HIV/AIDS within the EU and in the neighbouring countries, on the basis of the following questions suggested by the Presidency (7977/07) :
1. How do Ministers intend to intensify both prevention efforts and civil society involvement in their respective country, and what should be done on EU level? Are there examples of best practice Ministers want to share?
2. Access to antiretroviral treatment is a complex issue that involves many aspects, among them are the prices of antiretroviral drugs. They can pose an obstacle to the sustainability of universal access to treatment also in some parts of Europe. What kind of measures / initiatives do Ministers regard appropriate to tackle this problem?
The Council will further adopt conclusions based on the outcome of the Presidency conference on this topic, held in Bremen on 12-13 March 2007.
The conference focused on the special importance of governmental cooperation with civil society actors (non-governmental organisations) in their joint fight against HIV/AIDS, as well as on access to prevention, treatment and care.
The conclusions emphasise that HIV/AIDS is still a matter of serious concern in the EU and neighbouring countries. Combating the pandemic requires further efforts: political leadership at different levels, the use of effective national means to protect against the virus, contribution of the Commission in implementing adopted measures and promoting news proposals and measures, active involvement of the representatives of civil society and other stakeholders to pull the efforts.
This item represents a follow-up to the Commission communication on combating HIV/AIDS within the EU and in the neighbouring countries 2006-2009 12 .
Community framework on health services (public debate)
As health services are not part of the "Services" Directive the Presidency continued the approach based on the Council conclusions from June 2006 on “Common values and principles in the EU- Health Systems” . Health services were the topic of the Presidency conference held in Potsdam on 15-16 January 2007 as well of the informal meeting of Health ministers in Aachen on 19-20 April 2007, with a particular reference to the questions put forward by the Commission in it communication Consultation regarding Community action on health services 13 .
12 15925/05. 13 SEC(2006) 1195, 26.9.2006.
10 The Council will adopt conclusions reflecting the outcome of the informal meeting of Health ministers in Aachen and hold a brief exchange of views on health services focussing on the issues not yet discussed, namely in the Aachen informal meeting.
Towards a Europe free from tobacco smoke (public debate)
The Council will hold an exchange of views as a contribution to the consultation launched by the Commission Green Paper 14 on the policy options at EU level for tackling involuntary exposure to environmental tobacco smoke (passive smoking).
The Presidency suggested following questions to structure the debate (9362/07) :
– What kind of measures do Ministers regard the most effective and appropriate ones, and on which level (national or EU-Level) should they be taken?
Other business
The Council will be briefed on the following issues:
(a) Information on Presidency conferences (i) Euromed Conference (Berlin, 16 March 2007) (ii) Quality of Work (Berlin, 2-3 May 2007) (iii) Sixth European Meeting of People Experiencing Poverty (Brussels, 4-5 May 2007) (iv) Meeting of G-8 Labour Ministers (Dresden, 5-8 May 2007) (v) Informal Meeting of Ministers for Gender Equality and Family (Bad Pyrmont, 15-16 May 2007) (vi) UN Commission on the Status of Women, 51st Session (New York, 26 February - 9 March 2007) (vii) European Congress "Demographic Change as Opportunity: the Economic Potential of the Elderly" (Berlin, 17-18 April 2007)
14 5899/07.
11 (b) Social Partners' Framework agreement on harassment and violence at work - Information from the Commission
(c) Communication from the Commission: Promoting solidarity between the generations - Presentation by the Commission
(d) Social aspects of human trafficking - Information from the Danish delegation
(e) Presidency Conference “Challenges and Opportunities in a Digitalised World. The Role of Consumer Policy” - Information from the Presidency 9412/07
(f) Second Programme of Community action in the field of Health (2007-2013) - Information from the Presidency
(g) Presidency Conferences on Health - Information from the Presidency
(h) Framework Convention on Tobacco Control - Information from the Commission and the Presidency
(i) International Health Regulations - Information from the Commission and the Presidency
(j) European Strategy on Diet, Physical Activity and Health - Information from the Commission
(k) Communication from the Commission on improving the mental health of the population - Information from the Commission
(l) Communication from the Commission on organ donation and transplantation - Information from the Commission
(m) Health Security Committee and related matters - Information from the Commission
(n) Proposal for a Directive regarding the review of the medical device directives - Information from the Presidency on the outcome of the negotiations with the EP
(o) Work programme of the incoming Presidency - Information from the Portuguese delegation
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