Budget consolidation EU/Iran Interview Eurogroup makes commitments Solana to meet Larijani MEP Françoise Grossetête for 2008 Page 10 on 25 April Page 13 (EPP-ED, France) Page 31 EUROPOLITIcs

The European affairs daily Monday 23 April 2007 N° 3292 35th year

Focus Justice and Home Affairs Is slow Council reaches consensus on to pay its debts? fighting illegal immigration By Dafydd ab Iago Council meeting confirmed that perma- By Nicolas Gros-Verheyde nent coast patrols networks will begin oper- Aside from immigration, ministers attend- ation in the Mediterranean and the Atlantic “We are all in favour of discussing ing the Justice and Home Affairs Council in late May under Frontex coordination. patient mobility, but it is also high on 20 April in Luxembourg turned to a Ministers confirmed as “on schedule” time for each country to meet the range of other ‘home affairs’ issues, includ- both Schengen and the Visa Informa- costs due for care provided to its ing the creation of Rapid Border Interven- tion System (VIS). In December 2006, nationals abroad. I have one particu- tion Teams (RABIT), the Visa Information the Council conceded ‘SISone4all’ to lar country in mind, whose debts date System, Europol reform and the so-called the new member states who had previ- back to 2001.” ‘toolbox’ – a centralised register of technical ously been faced with long delays before The issue, raised by Austrian Minister equipment. Most prominent on this second the second generation of Schengen Infor- Andrea Kdolsky, came out of the blue day of the Council was, though, continued mation System (‘SIS II’) would finally be at the informal Council of Health Min- discussion of the global approach on migra- ready. At the Council in Luxembourg, the isters, held in Aachen on 20 April. tion in view of the forthcoming set of Com- German Presidency also confirmed the Yet everyone around the table smiled, mission communications. meeting of ‘technical prerequisites’ that especially the delegations which, like For southern Europeans at the Council, will abolish controls at internal land and Austria, have proof that the coun- burden sharing remained an important sea borders along new member states by try currently chairing the European issue. “We have been calling for complete late December 2007 and controls at air Union is a slow payer. burden sharing, not only financially,” said borders of these countries in spring 2008 Interviewed by Europolitics, Ger- Maltese Justice and Home Affairs Minister (except for Cyprus). German Interior Min- many’s Federal Minister Tonio Borg. “Such burden sharing should ister Wolfgang Schäuble praised Portugal’s denied any delays and said her coun- also take the form of protecting persons project management for ‘SISone4all’ and try complied with EU regulations and arriving at periphery states of Europe as France’s supporting the central system in was perfectly up to date. such states can not manage the numbers Strasbourg. One thing seems certain, though. involved,” said Borg. The Maltese minister SIS II had been delayed due to the Compensation for health care between was most clearly supported in his efforts by system’s “technical complexity” (albeit member states is a sensitive, even Italy and Spain. with new member states suspecting some taboo, subject that poisons relations With respect to burden sharing, the Schengen members of inventing “techni- between social security bodies, par- German EU Presidency stressed the cal problems” to delay SIS II). “The delay ticularly since it is a recurring issue. importance of the so-called ‘toolbox’, a cen- in introducing SIS II has no impact on the Official statistics, moreover, are any- tralised record of all technical equipment removal of internal border controls,” said thing but public. available to the Frontex agency for external Schäuble. “The functional improvements border control and surveillance. Currently, related to the introduction of SIS II, such member states have pledged some 21 fixed as the possibility to store and submit finger- wing aeroplanes, 27 helicopters, more than prints and photos, are important innova- 100 vessels and other technical equipment. tions,” he added. As for the European Patrols Network, the The German (continued on page 6)

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EUROPOLITICS N° 3292 Monday 23 April 2007 

Contents N° 3292 Top Stories Budget consolidation EU/Iran Interview Eurogroup makes commitments Solana to meet Larijani MEP Françoise Grossetête for 2008 Page 10 on 25 April Page 13 (EPP-ED, France) Page 31

Business & competitiveness Aviation: Restrictions on cabin External relations Telecoms: Report warns against baggage size postponed for a year...... 7 EU/Iran: Solana to meet inadequate investment ...... 4 Electricity markets: Independent Larijani on 25 April...... 13 Research and development: EU study confirms Commission’s findings...... 8 EU/Latin America/Caribbean: lagging far behind USA on private Energy: Ministers repeat talk EU reiterates its commitment to research spending...... 4 on efficiency and renewables...... 8 Latin America in Santo Domingo...... 13 Flexicurity: Trade unions condemn EU/US: Summit to focus on Financial services, banks, pessimistic attitude of business...... 9 regulatory barriers and climate change....14 insurance Education: Research needs a Financial services: A smart future more important role, says Presidency...... 9 In Brief...... 15 for payments in the EU...... 5 Advanced therapies: Vote on Financial services: Commission draft regulation divides Parliament...... 10 New Publications...... 16 consults on private investment...... 5 Economic & monetary affairs, People...... 16 Sectoral policies taxation Justice and Home Affairs: Budget consolidation: Eurogroup EU Agenda...... 18 Council reaches consensus on makes commitments for 2008...... 10 fighting illegal immigration...... 1 Taxation/VAT: For and against reverse Interview Justice and Home Affairs: Ministers charges: the Council’s arguments...... 11 MEP Françoise Grossetête in favour of a procedure to protect (EPP-ED, France): Advanced critical infrastructure...... 6 Institutions therapies: The Vatican interferes ...... 30 Justice and Home Affairs: Civil Transparency: Access to documents justice and drug prevention still inadequate, say NGOs...... 12 Open Forum programmes approved...... 7 : Payment Do high excise duties on tobacco European contract law: Ministers services and advanced therapies promote a ‘smoke-free Europe’?...... 31 make modest progress on agreeing on the agenda...... 12 a common position...... 7

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Telecoms Report warns against inadequate investment

By Nathalie Vandystadt the United Kingdom or the United states. jobs since 1999, says the report. The “It is very difficult to maintain asymmet- development of next-generation networks Rambøll Management published a ric regulation and at the same time try to means that the operators require employ- report on 19 April on the results of a fuel the investments in the next genera- ees in specific occupational categories, study concluding that it is difficult to tion networks,” says the report. it adds, citing Denmark as an example verify a direct link between regulation The report also claims that a number where within the next five years, 20% of in the telecomsTAB&2%.PDF sector and investment, of experts point to the asymmetric regu- the skilled technicians will retire. This will either in Europe or the United States. lation in the EU and the diminished present a serious recruitment challenge According to the study, the European fixed-line revenues as the main reason for telecoms operators since “the need for Commission has focussed too closely on for this situation. investment is not only in regard to infra- competition at the expense of encour- Another point made in the report is that structure but also in human capital”. n aging much-needed investment. Invest- employment in the telecommunications ment in certain European countries, sector has been declining since the dot. The report is available at www.europolitics. such as France and Germany, is particu- com crash. The US and the EU15 have info => subscribers => advanced search larly low compared with levels in Japan, experienced a loss of more than 300,000 => reference = 77913

Research and development EU lagging far behind USA on private research spending

Eurostat data rate of -12% for manufacturing, and -6% (15.6%) and Finland (10.9%). n for services, while for every Spending on research and development other country both these Business R&D expenditure (1) by business was almost 50% higher in the trends were positive. in million euro and by sector of activity as a percentage, USA than in the EU in 2003, according Specific figures are pro- EU25 and selected countries — 2003 Total Total in EUR million to the latest set of figures released by the vided for e then Mio E pharmaceutiUR - DE 91 9 38 029 European DCommission.E 91 cal9 industry38 02 and9 for com- TR 86 12 367 TR 86 12 367 The figures indicate that spending by puter-related activities. In FR 86 9 21 646 FR 86 9 21 646 SI 85 13 209 US enterprisesSI on R&D totalled85 €178.5 both13 cases, these209 show that JP 85 13 89 783 billion in 2003,JP against €120.985 billion for spending13 is89 783 concentrated EU-25 81 17 120 991 s EU-25 81 17 120 991 s the EU25 (€121.1 if figures for Bulgaria heavily within the United CH 80 20 6 257 CH 80 20 6 257 SE 80 19 7 886 i and RomaniaSE are included).80 Spending in Kingdom,19 Germany7 886 i and FI 79 19 3 528 Japan was €89.7FI billion. Among79 the indi- France.19 For3 52 8 pharmaceu- BE 79 18 3 608 BE 79 18 3 608 vidual EU member states, the highest ticals, the three countries NL 78 17 4 804 NL 78 17 4 804 HU 77 20 255 i results wereHU achieved by Germany,77 with 2accounted0 for25 569%i of total UK 77 21 19 778 UK 77 21 19 778 €38 billion, France with €21.6 billion, business R&D in the EU25 IT 74 25 6 979 IT 74 25 6 979 AT 73 26 3 131 # and the UKAT with €19.7 billion.73 26in 2003 (30%3 131 by the UK, PL 68 17 15 284 For a majorityPL of the countries68 surveyed17 20%15 by Germany284 and 19% - EL 66 33 286 EL 66 33 286 (EU27 + Turkey, Japan, Switzerland, by France). For computer CZ 64 35 618 9 CZ 64 35 618 DK 63 36 3 355 USA, Norway,DK Russia, 63 and Croatia), a 36 activities, the3 355 figure was #- IE 62 38 1 076 clear majorityIE of business62 R&D was in 38 59% (27% by1 07 the6 UK, 19% RO 62 12 26 118 RO 62 12 26 118 -9 the manufacturing sector. Within the by Germany and 13% by US 60 38 178 586 US 60 38 178 586 LT 59 28 13 23 #9 EU27, Bulgaria,LT Luxembourg,59 Portugal,28 France).13 Regarding23 R&D MT 58 42 3 MT 58 42 3 #-9 Estonia, Cyrus, Slovakia and Latvia were intensity (ie expenditure on ES 53 43 4 443 ES 53 43 4 443 BG 48 52 18 + the only countriesBG where48 less than 50% 5of2 R&D in a sector18 divided by LU 47 53 379 business R&DLU went 4into7 manufacturing.53 that sector’s 379 contribution NO 45 45 1 960 NO 45 45 1 960 Figures have also been released show- to the economy), the UK PT 45 53 338 PT 45 53 338 EE 42 53 23 ing the averageEE annual42 growth rates5 3 for recorded the highest23 figure CY 40 55 9 business R&DCY expenditure40 between 199955 in the EU for9 pharmaceu- SK 40 58 93 SK 40 58 93 and 2003. These show that, in EU coun- ticals, 58.1%, followed by LV 29 70 13 LV 29 70 13 RU 20 72 3 353 tries for whichRU data20 is provided (all72 of the the Netherlands3 353 (36.5%) HR 9 85 114 HR 9 85 114 EU25, with the exception of the Baltic and Denmark (32.5%). % % 0 20 40 60 80 100 0 20 40 60 80 100 Manufacturing (%) Services (%) Other (%) states, Slovenia,Indu Cyprusstrie manufac turièandre (% )Malta),Services only(%) AutrFores (%) computer activities, Poland recorded a decrease in expendi- Demark ranked top with (1) “Other” consists of the remaining sectors not classified as “manufacturing” or “services”, i.e. agriculture, hunting and forestry (A), fishing (B), mining and quarrying (C), electricity, gas and water supply (E) and construction (F). The value for “Other” is ture. The country saw a negative growth 16.4%, followed by Ireland indicated only if higher than 10%.

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Financial services A smart future for payments in the EU

By Ruth Milligan is leading to more and deeper identifica- payment systems could potentially become, tion methods. Requirement for ‘two-factor if not the most dominant, certainly the most The European Parliament will debate on authentication’ – the use of something you visible member of the smart security tech- 23 April new laws to make cashless payments know, ie a password, and something you nology family”. across Europe simpler, quicker and easier. have, eg a card – is growing and use of Systems such as Visa’s ‘wave and pay’ card, The proposals (New Legal Framework for something you are – identification (biomet- which is specially geared to small transac- Payments, COM(2005)603) had a rough ics) – will become widespread. For Seneca, tions, use wireless technology to send pay- ride in Council but a political agreement SSD technology can overcome the cum- ment details from the card’s chip to payment reached on 27 March led to an informal deal bersome nature of such requirements – the providers via a card terminal using the EMV with the Parliament and signs are now good device will be able to do all the checking, all system (standards developed by Europay, for adoption in Parliament at a first reading the password entry for you. MasterCard and Visa). vote on 24 April (see Europolitics 3277). The paper highlights the need for industry Visa boasts that a transaction takes 0.5 sec- The directive as it is expected to be and legislators to work together to develop onds. The advantages are faster purchases, adopted would apply to the whole of the EU technology, establish legal and technical shorter queues and elimination of the costs and not just the eurozone. This would allow infrastructures and educate the public in the of maintaining mechanical card-reading the Single European Payments Area (SEPA) rewards of embracing new methods of pay- terminals. Most of all, says Eurosmart, such scheme to go ahead to timetable, being ment and identification. The introduction cards “contribute to the feeling of fun, ease rolled out in January 2008 and co-existing of SEPA will encourage electronic payments of use and modernity.” with national schemes until the end of 2010, in Europe and the new legal framework will after which it will replace them. “spell out the obligations and rights of pay- Shopping 2020-style The European ‘smart’ card industry is also ment institutions and of consumers and The paper envisions a future where shop- gearing up for a bright and revolutionary provide a framework for the development ping is done using smart technology and future for payments. On 19 April, its business of common technical and commercial stan- Saturday morning queues at the till will be association, Eurosmart, unveiled its ‘vision dards.” relegated to history. Shopping lists will be paper’ for 2020 to a meeting in Brussels. The paper also identifies a number of made by reading off the radio-frequency Chairman Jacques Seneca explained that Commission-funded projects aimed at identification (RFID) tags from things we payment cards as we know them will shortly developing the technology itself, such as always buy and storing them on our mobile be supplemented and indeed replaced by StoLPan, Store Logistics and Payment with phone. When we go to the supermarket, the ‘smart security devices’ (SSDs) – micro NFC (near field communication), which ‘smart trolley’ reads the list from our mobile, devices containing personal information will examine ways of making low-value leading us on the most direct route round the and the ability to perform security tasks. payments for parking, travel tickets, etc via shelves to collect the products and keeping These SSDs could come in all shapes and mobile phones regardless of phone type. an automatic tally of everything we put in forms – in mobile phones, in key fobs or The aim is for standard rules to be identified the trolley. At the end, we pay straight from embedded into PCs and laptops. The grow- and set across Europe. our mobile to the smart trolley – no more ing need for security in internet payments “By 2020,” says the report, “contactless check-out tills, no more queues. n

Financial services Commission consults on private investment

By Ruth Milligan The consultation aims to establish whether private placement regime through MiFID this increases costs and hinders investment (the Markets in Financial Instruments Direc- On 20 April, the and whether a common EU regime should tive) and the Prospectus Directive, which launched a consultation to identify barri- be put in place to harmonise legal rules and remove requirements on conduct of business ers to private placement in the EU. ‘Private exempt such transactions from the regulatory and selling restrictions from certain private placement’ means the sale of securities to requirements of public investment products. transactions. Obstacles still remain, however, professional investors who are well-versed in The move stems form the UCITS (Undertak- such as national rules on product approval. business risks and therefore considered able ings for Collective Investment in Transferable The Commission is already working on the to operate outside retail investor protections. Securities) white paper issued in November issue with the Committee of European Secu- Freeing up the making of such deals across 2006 which stated, “there are no compelling rities Regulators and the European Securities borders may be more controversial than it investor protection reasons for national regula- Markets Expert Group. The public consulta- sounds, however, as it would significantly tors to interfere in financial transactions involv- tion will be open until 30 June 2006 and a dis- benefit private equity companies, already the ing professional investors who understand the cussion of the issues involved will form part of subject of much disquiet. There are currently risks associated with an investment”. Some the Commission’s open hearing on UCITS no common EU rules on such investments. headway has already been made towards a on 26 April. n

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JHA Council Rapid Border Intervention Teams operations, Frattini expects results thanks (continued from page 1) (RABIT) will be made up of member state to support from new members Bulgaria experts made available to Frontex at ‘short and Romania. interior minister informed his colleagues of notice’. They can be called upon by any The commissioner will also put for- his hopes to conclude negotiations between member state with borders under particular ward a proposal addressing the issue of the Council and the European Parliament threat from illegal migration. The RABIT illegal employment – a key pull factor for on the future Visa Information System created by the regulation will be com- the EU’s 7-8 million illegal migrants. The (VIS Regulation). With a fresh Council posed of some 450 officers from member commissioner is calling for harmonised consensus, the Presidency aims at conclud- states. The draft regulation should also see sanctions for employers, of both legal and ing negotiations in particular with respect Frontex guest officers receiving ‘executive administrative nature, and of dissuading to the use of fingerprints during border powers’. Schäuble pointed to the “positive up to one million new illegal immigrants. controls and security authority access to experience” of German federal police after “Pending adoption and transposition of VIS data in fighting international terrorism granting executive powers to guest officers EU-wide measures, member states should and organised crime. Schäuble called the during the FIFA World Cup in 2006. already now step up enforcement of exist- VIS an “essential” tool in fighting a wide Briefing ministers on the global ing national measures,” argued Frattini. range of evils, namely, illegal migration, approach to migration, Justice Commis- visa shopping, international terrorism and sioner Franco Frattini talked of political EUROPOL organised crime. consensus enabling presentation of the Three new Europol protocols will see Fighting (illegal) immigration was also Commission’s communications in May the organisation receive greater powers and a central theme, pushing ministers toward (with a green paper on asylum policy in competence for all crimes related to money reaching agreement on the creation of June). The consensus, Frattini explained, laundering. Europol will also be able to Rapid Border Intervention Teams. The will also enable broadening of the global take part in joint investigation teams. A final Parliament’s Committee on Civil Liberties, approach to include an eastern and south- protocol will enable improved Europol Justice and Home Affairs had approved the eastern dimension. “The time has come management of information and the pos- draft regulation on 11 April. If the EP ple- to deal with migration from the east,” said sibility of allowing third countries access nary now adopts it by late April, as the Presi- Frattini. “This includes illegal migration to Europol analyses. The Commission will dency hopes, the Council may finalise the flows through the Black Sea region and now make a proposal for a Council deci- regulation before the end of June. Asia.” Aside from Europol and Frontex sion replacing the Europol Convention. n

Justice and Home Affairs Ministers in favour of a procedure to protect critical infrastructure

By Eric Van Puyvelde order to promote voluntary protection states “should be transparent, especially measures by the owners-operators of criti- during the preparatory phase”. The Coun- The member states welcome the efforts of cal infrastructures. It says it will examine cil also states that cooperation at EU the Commission to develop a European pro- further measures with a view to ensuring level between the member states’ points cedure for the identification and designation security standards and comparable com- of contact for critical infrastructure pro- of European critical infrastructure and the petition conditions in the EU. tection (CIP), as endorsed by the Coun- assessment of the need to improve its pro- Supporting the setting up on an action cil conclusions of 1-2 December 2005, tection. The EU Justice and Home Affairs plan for the implementation of a Pro- has proven to be useful. This cooperation Council, on 19 April, adopted a conclusion gramme for Critical Infrastructure Protec- should be strengthened by creating a CIP on the communication and the proposal for tion, the conclusions add that cooperation Contact Group in order to facilitate the a directive presented by the Commission between the Commission and the member coordination. n (see Europolitics 3209). The Council con- siders in particular that such a procedure, established with due regard for the com- Background facilitation measures for EPCIP with an petences of the member states and of the The Commission approved on 12 Decem- action plan, Critical Infrastructure Warn- Community, could be of added value. ber a communication on the European Pro- ing Information Network (CIWIN), EU-level Owners-operators of European critical gramme for Critical Infrastructure Protec- expert groups, information sharing, identi- infrastructure, including the private sector, tion (EPCIP) and a proposal for a directive fication and analysis of interdependency; 3. must be actively involved, the Council said. designating European critical infrastruc- support for national critical infrastructures Such measures could be security plans and ture. Major points include: 1. a proposal (NCI); 4. financial measures including the security liaison officers. for a directive identifying and designating 2007-2013 programme Prevention, Pre- The Council stresses that the greatest European critical infrastructure (ECI) and a paredness and Consequence Management possible use should be made of recom- common approach to assessing ECI pro- of Terrorism and other Security Related mendations, information sharing and tection improvements; 2. implementation Risks with a budget of 138 million euro. exchange of best practice at EU level in www.europolitics.info Sold by subscription only © reproduction strictly prohibited in any language EUROPOLITICS N° 3292 Monday 23 April 2007 

Justice and Home Affairs Civil justice and drug prevention programmes approved

By Eric Van Puyvelde The Civil Justice programme was orig- exchange and set up networks between inally proposed by the European Com- legal authorities, particularly to improve Political agreement was reached on mission in 2005 and approved on first legal training. the EU Civil Justice and Drugs Preven- reading by the European Parliament on The programme on Drugs Prevention tion and Information programmes for 12 December 2006. and Information aims to significantly the period 2007-2013 during the Justice With a budget of €100.85 million, reduce the social harm and health and Home Affairs Council in Luxem- the programme is aimed at improving damage caused by the use of, and trade bourg on 19 April. mutual understanding of the legal and in, illicit drugs. In both cases, the common position judicial systems of member states, low- The general objectives of this pro- will be formalised during the next session ering the barriers to judicial cooperation gramme are: to prevent and reduce before being transferred to the European in civil matters and allowing individu- drug use, dependence and drug-related Parliament for second reading (co-deci- als and enterprises to claim their rights harms; to contribute to the improvement sion procedure). Both programmes form within the EU. of information on the effects of drug use; part of the general programme Funda- It notably seeks to facilitate access and to support the implementation of mental Rights and Justice. to justice, encourage information the EU Drugs Strategy. n

European contract law Ministers make modest progress on agreeing a common position

By Dafydd ab Iago the higher costs engendered for consumers contractual parties themselves respecting and customers. both Community law and national provi- The Council made only modest prog- Delegations at the Council on 19 April sions, including the provisions regarding ress with respect to defining a position on a called for further reflection, especially on the protection and information of con- future common frame of reference (CFR) the need for non-sector specific measures, sumers. With respect to consumers, the for European contract law with the Com- including an optional instrument in the Commission recently launched a further mittee on Civil Law Matters now to examine area of EU contract law. The Commission public consultation, on 8 February and a German EU Presidency document. The was called upon to pursue this ‘reflection’, open until 15 May, aimed at modernising original European Commission Communi- albeit in ‘close collaboration’ with member and improving consumer contract law. cation on EU contract law, from July 2001, states so as to take account of the principle The German Presidency is still hoping started a process of consultation on problems of contractual freedom. to produce a Council position on the CFR arising from divergent national contract laws Also deemed “useful” by delegations by the end of 2007 under the Portuguese in the EU. Since 2001, member states have was the elaboration of EU-wide gen- Presidency. The Commission, too, is soon failed, though, to reach final agreement on eral contract terms. Such general terms to present a second progress report on Euro- harmonising divergent contract laws despite should, however, be developed by the pean contract law and the acquis review. n

Aviation Restrictions on cabin baggage size postponed for a year

By Isabelle Smets the attempted terrorist attacks prevented tice, the maximum size rule is already last summer in the United Kingdom. being applied to a large extent, though The European Commission has The Commission’s decision takes on a voluntary basis, since it corresponds decided to postpone for one year the the form of a regulation adopted on 20 to IATA (International Air Transport entry into force of new provisions on April, modifying Regulation 1546/2006 Association) recommendations. maximum cabin baggage size in aircraft. (whose revision clause guarantees that The baggage size restrictions aim to They will apply starting in May 2008 its content must be reviewed every six facilitate the detection of prohibited instead of May of this year, as initially months). items by X-ray screening equipment. planned. The rules – which limit to 56 The same regulation also bans liquids The Commission has asked the cm x 45 cm x 25 cm the size of cabin in passengers’ cabin bags. The Commis- European Civil Aviation Conference baggage passengers can take on board sion explained that its decision is justi- (ECAC) to assess the advantages of such aircraft (with certain exceptions pos- fied by the need for more time “to reas- provisions and is awaiting its report in sible for items like musical instruments, sess the advantages and disadvantages” December 2007. photographic equipment, etc) – were the rules entail and in response to argu- It will take a decision on further action adopted in October 2006 in the wake of ments by airports and airlines. In prac- after that time. n

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Electricity markets Independent study confirms Commission’s findings

By Anne Fekete The study confirms the findings of the examines the impact of fuel prices, with sectoral enquiry that most markets are the largest price rises being in the Neth- Fuel costs have contributed to the concentrated whatever the measure- erlands and Great Britain, essentially increase of EU electricity prices since ment adopted. due to the large fleet of gas-fired plants 2003, and wholesale electricity prices The second part of the study reports on in those markets. By contrast, the impact are significantly higher than would the difference between what the price of of fuel price rises was less material in be expected on perfectly competitive the market was in the period and what Germany and Spain, ie countries char- markets. The European Commission’s it would have been if the markets in acterised by higher mark-ups. conclusions, after completing its secto- Germany, Spain, the Netherlands and The third part of the study looks at rial enquiry, have been confirmed by a the United Kingdom had been perfectly the relationship between the number of detailed study carried out by an external competitive. This difference, referred to operators competing at a given time and consultant ( Economics), whose in the study as the “mark-up,” was calcu- the “mark-ups”. It does this by submit- results were published on 20 April. lated by simulating a perfectly competi- ting the results of the two first parts to a The study carried out a detailed analy- tive market for each hour of the period detailed regression analysis on an hourly sis of the wholesale electricity markets using dedicated state-of-the-art com- basis. of six member states – Belgium, Ger- puter software that is commonly used by This analysis shows that there is a sta- many, Spain, France, the Netherlands operators to choose the most cost-effec- tistically relevant correlation between and Great Britain (the United Kingdom tive production assets in their own port- the numbers of generators who have excluding Northern Ireland) – for the folio. spare capacity and the mark-ups in each period 2003 to 2005. The model takes into account exist- hour: in other words, the more needed The first part of the study looks at ing imports and exports, as well as the generators are, the higher the mark-ups how many operators are effectively complex technical constraints that exist in the market become. competing on the market on an hourly on plants, including actual outages The analysis was corrected for some basis, looking both at available installed reported during the period investigated. other possible causes of higher mark-ups capacity and effective generation. In The study also confirmed that the price such as the lack of electricity generating addition to standard economic analyses of the simulated competitive market capacity of the whole market and peak such as concentration ratios and HHI would allow the generators in these four and seasonal variations in demand, but indexes, the report includes other mea- countries to cover their fixed costs. the correlation between mark-ups and surements more specific to the electric- No conclusions are drawn for France indispensability of certain operators was ity sector, such as the Pivotal Supplier and Belgium as there are problems with confirmed. n Index and the Residual Supplier Index, the underlying data, such as the lack of which measure how far a particular gen- information about the amortisation of Further information on the sectoral erator is needed to supply the demand. French nuclear plants, and the absence enquiry and the report can be found at The results for these indices are given of a reliable market price for Belgium. ec.europa.eu/comm/competition/sectors/ for all large generators on each market. This second part of the study also energy/inquiry/index.html#final

Energy Ministers repeat talk on efficiency and renewables

By Dafydd ab Iago the EC Energy Performance of Buildings North Africa and the Southern Caucasus. Directive. German officials calculate that They were keen to discuss financing instru-

A ministerial conference organised by buildings account for around 20% of CO2 ments for renewable energies and energy the German EU Presidency in Berlin emissions in Germany. “The best energy is efficiency. By 2013, the German Presi- examined renewable energy and energy that which is saved,” said Tiefensee. His col- dency noted, the EU will provide some efficiency on 19 and 20 April. The two- league, Economy Minister , €11.2 billion via the European Neigh- day conference brought up a range of stra- argued that Germany has made energy effi- bourhood and Partnership Instrument, tegic issues involved in the promotion of ciency one of the priorities of its EU and G8 including for the energy sector. “Our task energy efficiency and energy conservation Presidencies. At the upcoming G8 summit is now to join together with our European as well as efficiency issues in the electric- in Heiligendamm in June, the Germans neighbours to actually move towards tar- ity, buildings and transport sectors. thus promise further discussion on tackling gets,” said German Environment Minister Opening the conference, German Trans- climate change and improving energy effi- , referring to the binding port, Building and Urban Affairs Minister ciency. Prominent amongst the high-level target of a 20% share of renewables and a boasted of Germany’s participants were numerous environment 20% increase in energy efficiency set by the good record in meeting requirements set by and energy ministers from Eastern Europe, EU Climate and Energy Action Plan. n www.europolitics.info Sold by subscription only © reproduction strictly prohibited in any language EUROPOLITICS N° 3292 Monday 23 April 2007 

Flexicurity Trade unions condemn pessimistic attitude of business

By Nicolas Gros-Verheyde “European labour markets already working hours, pseudo freelance work- offer the necessary flexibility to adapt to ers, short-term and part time contracts. The European Confederation of Trade change and business is enjoying histori- “We are told that no-one can expect Unions (ETUC) was hoping, during a cally high profits.” a job for life these days,” added John conference on ‘flexicurity’ organised by “Strong employment creation is not at Monks. the Commission in Brussels on 20 April, odds with robust job protection systems “Really? What about doctors, teach- to criticise the atmosphere in which the and high levels of trade union organisa- ers and all the other jobs requiring long debate on the issue is being held. tion,” he added, backing his words with apprenticeships? If it becomes public Businesses seem ‘to have turned the a memorandum published by the organ- policy to turn employment relations into debate around by confirming that the isation. promiscuous relations, don’t be aston- EU’s economy is characterised by exces- The ETUC feels that the priority ished if there is resistance.” n sive regulation and a lack of dynamism,” given to flexicurity will primarily be to when in fact “facts show just the oppo- the detriment of many vulnerable work- The memorandum is available at www. site,” said John Monks, secretary-general ers, by limiting working conditions and europolitics.info => subscribers => of ETUC. reducing job security, and bringing long advanced search => reference = 77801

Education Research needs a more important role, says Presidency

By Jim Brunsden goes on to ask how such action could be opportunities to share their knowledge supported at European level. The paper with researchers. It is intended that the Education ministers are to discuss how sets out key challenges, as identified by the Council discussion will provide input to a to make better use of research in the OECD, for improving the current state of European Commission communication development of policy-making, at their affairs. It notes that education research on evidence-based policy-making, currently next Council meeting in May. Accord- currently has a more limited impact on due to be published in July 2007. The com- ing to a discussion paper released by the policy-making than research in other areas, munication will include an action plan of German EU Presidency, it is planned that such as social care or employment policy. specific initiatives to be taken at both EU ministers will hold an exchange of views The explanation for this, it claims, lies in and national level. The discussion will take based around specific questions. These relatively low levels of research funding, place at the Education, Youth and Culture ask what should de done by member leading in turn to doubts about its quality. Council on 24-25 May. n states to increase the amount of “relevant Another problem is that, in most member and useful” education research available, states, research results are often difficult The issues paper is available at www. and also to reinforce its use both by policy- to access and to comprehend. Also, edu- europolitics.info => subscribers => makers and educational professionals. It cational professionals do not get enough advanced search => reference = 77896

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Advanced therapies Vote on draft regulation divides Parliament

By Nathalie Vandystadt Françoise Grossetête, whose group is gani (EPP-ED, Italy), has filed some very divided (see Interview on page 31). dozen amendments aimed at banning The first-reading vote, on 25 April in Together with Dagmar Roth-Behrendt the marketing of the human body and its the European Parliament, on the draft (PES, Germany), Adamos Adamou (EUL, parts and products derived from embry- regulation introducing a single regula- Cyprus) and Frédérique Ries (ALDE, Bel- onic stem cells. tory framework and centralised authori- gium), she is calling for the rejection of The EP may well have more sur- sation procedure for advanced therapies the ethical amendments tabled by the prises in store, however. In the face of continues to create controversy. There is Legal Affairs Committee to the report by challenges to his report, Mikolášik is a clear divide between, on the one hand, Miroslav Mikolášik (EPP-ED, Slovakia) now threatening to demand that it be MEPs defending the implementation of and not subject to a vote by the Health referred back to the ENVI Committee. a European control of the quality and and Environment Committee. Under Article 168 of the EP’s Rules of safety of these medicines resulting from Françoise Grossetête supports the 75 Procedure, doing so would require the gene and cell therapy and tissue engi- amendments tabled by the same MEPs support of a political group or of at least neering, and on the other, those who, in the hope of obtaining a vote in support 40 members at the time the agenda is set for ethical reasons, purely and simply of the relaunch of negotiations with the or prior to the start of debate (the Liber- want to ban any centralised authorisa- Council and the Commission, halted by als are particularly divided). tion for advanced therapies derived from the draftsman due to ethical issues. The MEP even spoke at a press confer- embryonic stem cells. Miroslav Mikolášik has, meanwhile, ence given by Frédérique Ries, to which “When a patient’s health is at stake, any tabled another amendment seeking to patients suffering from rare diseases – and form of discrimination is unacceptable. reject any use of the regulation in the thus closely concerned by early adoption The creation of a European technical application of “present and future” of the regulation – were invited, on 19 framework that patients and the industry national legislation banning or restrict- April. Mentioning his capacity as a sci- have been awaiting for years must not be ing the use of human or animal embry- entist and doctor, he said that “in some taken hostage to impose any ideological onic stem cells. countries, it is considered a criminal act to point of view,” observed French MEP Another group, led by Giuseppe Gar- destroy embryos”. n

Budget consolidation Eurogroup makes commitments for 2008

By Christophe Garach in Berlin impress his audience, the debates between thirteen agreed to implement the budget the Thirteen, which were held behind as planned and in 2008, to “design fiscal Joaquin Almunia’s entourage is not yet closed doors, resulted in a public docu- policy plans to accelerate adjustment proclaiming victory but is nonetheless ment being produced. This is even more towards their medium-term objectives,” optimistic. On 20 April, at the end of the exceptional because Eurogroup is an which we recall is intended to allow Eurogroup meeting organised in Berlin, its informal body and the meeting was held member states to reach a well-balanced President, Jean-Claude Juncker, explained in the margins of an informal Council of budget or even a slight surplus by 2010. to the press that the finance ministers Ecofin Ministers. The interesting thing, explained one had made a solemn commitment «not to In terms of content, a European diplo- expert, is that Germany, which for a long repeat the mistakes of the past» in 2008 in mat nevertheless conceded that «nothing time has been dragging its feet, as a way of terms of budget policy. new was said». Ministers in fact recon- giving an example, is now ready to play the Judging from the way things were pre- firmed their commitment to the revised game from 2008 despite the in-fighting in sented, one can detect two major advances Stability and Growth Pact (any different the . At the moment, which will have a significant impact on would have been a surprise). They are also the German minister of finance has merely the history of the single currency: 1. For taking advantage of the positive economic mentioned that Germany is expected to the first time, member states which have outlook to use the better than expected have a balanced budget in 2010 (although adopted the euro have sat down and dis- tax returns to consolidate their respec- after 2008, the public deficit could go up cussed their next guidelines (for 2008) tive budgets. Ministers also renewed their from 1.7% to 0.6% in minimal terms). This before governments and their respective promises to avoid pro-cyclical policies and staunch effort by the Germans may encour- national parliaments have started debat- to use any surplus fiscal revenue to reduce age other member states (France, Italy and ing the subject, adding another brick to their respective deficits and debts. Portugal notably) to follow suit next year. n the foundations of budget coordination In more detail, member states formally which is sadly lacking in the eurozone. committed to pursuing “more ambitious The document is available at www. 2. Quite exceptionally, and as a sign that budgetary targets than those set out in the europolitics.info => subscribers => the president of the Eurogroup wanted to 2006 stability programmes”. In 2007, the advanced search => reference = 77927 www.europolitics.info Sold by subscription only © reproduction strictly prohibited in any language EUROPOLITICS N° 3292 Monday 23 April 2007 11

Taxation/VAT For and against reverse charges: the Council’s arguments

By Christophe Garach necessary at that stage, particularly on all not neutral, it has an influence on eco- retailers. This will also have consequences nomic decisions. Ecofin ministers, meeting to debate the for small businesses due to an excessive 9. Introducing the reverse charge system reverse charge mechanism on 21 April as amount of red tape. would mean that two generally applicable a way of combatting VAT tax fraud (see 4. The supplier will have to register taxation systems (reverse charge and the Europolitics 3288) during an informal every single reverse charge transaction existing system) will exist in parallel and meeting in Berlin, had in their posses- electronically. could create problems. sion a Council document drawn up by 5. The proposed reporting obligations tax experts from member states listing the are not likely to prevent untaxed goods ARGUMENTS FOR advantages and disadvantages of this pro- from reaching the black market in other 1. Many member states have very tight cedure. Europolitics managed to get hold member states since their correct appli- rules on the right to deduct input tax, so of a copy of the Council document, which cation cannot be guaranteed. As VAT the alleged risk of tax fraud being trans- is really not in favour of the system. payment will not occur in transactions ferred to those member states does not between businesses, the proportional- exist owing to the measures taken to ARGUMENTS AGAINST ity principle will prevent member states combat input tax fraud in the member 1. Introducing the reverse charge system from establishing sufficiently deterrent states in question. on an optional basis will erode the VAT penalties against businesses which fail to 2. As the workings of the reverse legislation in force and lead to inconsis- declare operations carried out under the charge mechanism preclude any further tency. The differing systems will cause reverse charge system. input tax fraud, costly checks to verify the difficulties for foreign businesses which 6. Compared to the fractionated pay- input tax amounts claimed (eg sequential conduct transactions in a member state ment system, the general reverse charge checks) by the authorities are no longer that has exercised the option of introduc- system, which is equivalent to a sales tax, necessary. This means that resources ing the general reverse charge procedure. weakens EC cohesion. can be targeted on the remaining checks 2. The reverse charge procedure devi- 7. The reverse charge procedure entails (checks on transactions below €5,000 and ates from a central pillar of the VAT system the risk that businesses will transfer their on tax compliance in the reverse-charge – fractionated payment. The fractionated economic activities to member states procedure). payment system ensures that every taxable which apply the general reverse charge 3. The reverse charge procedure is signif- person in the delivery chain pays a por- procedure since the system offers eco- icantly less burdensome for the economy tion of the total VAT levied on the deliv- nomic advantages. than other measures to prevent input tax ery. Giving up the fractionated payment 8. The so-called ‘de minimis’ limit will fraud or input tax shortfalls (eg deferment system also means abandoning self-regula- result in pressure being placed on clients of payment of input tax arrears or failure to tion of VAT. to buy goods priced above €5,000 (pro- correct in cases of insolvency). It protects 3. Shifting the entire VAT collection posed by the Commission) so that the sup- the liquidity of businesses, improves their process to the end-stage will concentrate plier will not need to pay the turnover tax cash flow situation and thus offers benefits the risk at that end and make more checks up front. The reverse charge is therefore for international trade. n

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Transparency Access to documents still inadequate, say NGOs

By Célia Sampol not include the vast majority of documents Area as well as candidate countries and that either produced or received by the Commis- it should apply to all European institutions Four organisations have chosen to club sion,” he noted during a meeting organised (as foreseen in the Constitutional Treaty). In together to make recommendations to the by ECAS in Brussels on 19 April. Further- addition, staff officials who refuse to provide European Commission as part of the green more, the Commission, in 2006, did not pub- documents under false pretences should be paper consultation on the access to EU insti- lish an annual report on legislation despite fined. Ralph Hallo from the European Envi- tutions’ documents1, adopted on 18 April. the fact that it is specifically requested in the ronmental Bureau said that the suggestion The aim of the green paper is ultimately to regulation. As for the Council, it is slightly in the green paper that the rules governing revise the existing Regulation 1049/2001, better because it recently increased access the access to environmental documents be which is considered to be obsolete (see to its documents significantly (between 70% brought in line with the more general rules Europolitics 3290). and 75% are available). But “the problem governing the access to documents is a good ECAS (European Citizen Action Service), lies with the 30% which have not been made one and should be encouraged. He also feels Statewatch, the International Federation of public,” explained Bunyan. The Council has that the Aarhus Convention, signed by the Journalists (IFJ) and the European Environ- also imposed a veto on documents on transat- institutions in 1998, should be fully trans- mental Bureau have welcomed the public lantic relations. posed into EU law, since it contains more consultation because it gives them the oppor- Renate Schroeder, speaking on behalf of limited exceptions to the right to access to tunity to voice their concerns about access the European Federation of Journalists (a documents than Regulation 1049/2001. He to documents. The Commission is still the part of the IFJ), has a different take. Accord- also suggested that the lists of documents be worst of the three institutions affected by the ing to her, the regulation really needs to be extended to include those resulting from the law (the Council and Parliament being the improved for journalists. And yet, the Com- comitology procedure because “to get hold other two), says the Editor of Statewatch, Tony mission’s green paper only mentions it once. of this kind of information, good luck” is Bunyan, noting that it had twice infringed Schroeder listed the important points which needed. n the regulation. Firstly, the record of its docu- require changing. She notes, for example, ments is not complete and “only includes leg- that access to information should be extended (1) ec.europa.eu/transparency/revision/ islative texts and adopted resolutions. It does to countries in the European Economic index_en.htm

European Parliament Payment services and advanced therapies on the agenda

By Célia Sampol measure is expected to be passed at first to endorse the recommendations of reading. the Committee on Budgetary Control. At the plenary session running from The second and far more controver- Members are nevertheless pushing for 23 to 26 April in Strasbourg, MEPs will sial debate concerns the report by Miro- the idea of ‘national declarations’. vote at first reading on payment services, slav Mikolášik (EPP-ED, Slovakia) on The afternoon will see debates on five advanced therapies and safety at sea and advanced therapies and medicinal prod- texts forming part of the Third Mari- will debate and vote on the discharge of ucts (see separate articles). Parliament time Safety Package. They concern the the EU budget for 2005. They will also will be taking a stand on a draft EU reg- EU traffic monitoring system, accident debate transatlantic relations. ulation designed to foster gene therapy, investigations, liability of passenger The session on 23 April will open cell therapy and tissue engineering. transport companies, port state control with two key debates. The first is on Many amendments have been tabled and certification of control bodies. The the report by Jean-Paul Gauzès (EPP- by the groups and the ethical amend- EP will be voting at first reading. ED, France) on payment services in the ments remain problematical for an On 25 April, the main debate will be internal market. agreement with the Council. on transatlantic relations, with the par- The document concerns a draft direc- While they support the Commission’s ticipation of the Commission and Coun- tive introducing a legal framework for proposal, MEPs are calling for guaran- cil and ahead of the EU-United States payment services in the EU. Specifi- tees regarding the products and tech- Summit on 30 April in Washington. cally, the aim is to simplify and reduce niques used, as well as extra support for A number of aspects will be addressed the cost of credit card transactions, bank smaller companies working in this field. (economy, data protection, counter-ter- transfers and direct debits by putting in rorism). The same day, Parliament will place a Single Payment Area through- PREPARING THE EU-US SUMMIT debate a report on Croatia’s progress in out the (see separate The morning of 24 April will be meeting accession requirements. article). devoted to a debate on the budget dis- Finally, at noon, Abdul Kalam, presi- The Council has agreed on a text close charge for the EU institutions and agen- dent of India since 2002, will address to the EP committee’s proposals and the cies for 2005. The plenary is expected MEPs in a formal sitting. n www.europolitics.info Sold by subscription only © reproduction strictly prohibited in any language EUROPOLITICS N° 3292 Monday 23 April 2007 13

EU/Iran Solana to meet Larijani on 25 April

By Sébastien Falletti part of the mission given to Solana by cil, EU ministers adopted measures to the foreign affairs ministers of the ‘Six’ impose sanctions on Iran, voted by the Javier Solana, the EU’s chief nego- (Germany, France, the United Kingdom, UN in December 2006 under Resolu- tiator, and his Iranian counterpart, Ali the United States, Russia and China) on tion 1737, without debate. Larijani, are scheduled to meet on 25 24 March, when Resolution 1747 was These measures include freezing the April in an attempt to put an end to the adopted unanimously. financial assets and refusing visas to mounting tension between Tehran and In a joint press release, they called on certain individuals involved in Iran’s the international community on the the EU’s head of diplomacy to renew nuclear programme, as well as a ban on nuclear dossier. dialogue with the Islamic Republic by selling, providing and exporting a series Announced on Iranian television on reminding him that the offer of coopera- of technologically sensitive goods, either 19 April, the meeting between the two tion presented in June 2006 still stands on directly or indirectly, to Iran. Resolution men was confirmed the following day by condition that Iran suspends its uranium 1747 puts added pressure on Iran, nota- Solana’s spokesperson. enrichment activities. On 26 March, bly by banning Iranian arms exports, The aim is to reiterate the willing- Javier Solana held a telephone conver- discouraging international loans and ness of the EU and the members of the sation with Ali Larijani. But since that adding 28 names to the list of persons United Nations Security Council to find time, the Iranian President, Mahmoud banned from travelling. a diplomatic solution to the conflict, Ahmadinejad, has shown increasing defi- In addition, under direct pressure following the new sanctions that were ance for the international community by from the US authorities, increasing agreed on in New York on 24 March. announcing that his country’s uranium numbers of European businesses are These will be discussions about a nego- enrichment activities had moved on to reducing their projects in Iran. Europe- tiating framework, claimed an EU source, the industrial stage. ans and Americans feel that these pres- and not negotiations as reported by the AFP Faced with Iran’s continued defiance, sures have opened a new debate in Iran wire service, explained Solana’s office. the EU is maintaining its double track of and Solana’s mission is aimed at shifting Consultations with Tehran are being remaining firm and open. On 19 April, the balance into a favourable climate for held about this meeting, which forms in the Justice and Home Affairs Coun- negotiations. n

EU/Latin America/Caribbean EU reiterates its commitment to Latin America in Santo Domingo

By Sébastien Falletti ularly in the fields of human rights and She added that the Union wishes to drugs) and the fight against poverty. The pick up the pace in the coming years. The EU reiterated its political commit- Union highlighted its long term com- “The new aid programmes reflect the ment to Latin America with its presenta- weight of our commitment to the region. tion on its stepped-up financial support at We are determined to keep moving for- the meeting with foreign ministers from “The new aid programmes ward!” the region, on 19 and 20 April, in Santo reflect the weight of our The commissioner outlined the pri- Domingo (Dominican Republic). External orities of the EU strategy for the region Relations Commissioner Benita Ferrero- commitment to the region. to 2013. The top priority of EU aid Waldner presented a package of over €2.6 We are determined to keep programmes is social cohesion, in par- billion for 2007-2013 to the Latin Ameri- moving forward!” ticular the fight against poverty, social can countries, at successive ministerial inequality and exclusion. This is fol- meetings with the Andean Community, lowed by regional integration and eco- Central America, Mexico and Mercosur. mitment to the region. “I believe that it nomic cooperation. The Union is count- Regional and global issues dominated the is fair to say that the European Union ing on the negotiation of an association meeting between the ministers of the Rio and Latin America have made signifi- agreement with Central America and Group, a forum of Latin American and cant progress in the last few years. The the Andean Community with the aim Caribbean countries, and the EU Troika successful Vienna Summit in 2006, the of setting up free trade areas. The Com- composed, along with the commissioner, perspectives of negotiations for associa- mission’s negotiating briefs are about of German Foreign Minister Frank-Walter tion agreements with Central America to be finalised. Other priorities include Steinmeier, for the EU Presidency, and and the Andean Community, and the mutual understanding between the EU Javier Solana, the EU’s chief diplomat. establishment of the EU-Latin America and Latin America, support for good Discussions focused on Haiti, energy, Parliamentary Assembly are just a few governance and human rights, and sus- the environment and climate change, elements that support my belief,” com- tainable development, including forest strengthening of multilateralism (partic- mented Benita Ferrero-Waldner. protection and biodiversity. n

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EU/US Summit to focus on regulatory barriers and climate change

By Brian Beary in Washington several months ago by German Chancellor through legislation on climate change. But and EU Council President Congress has little say on foreign policy. A new body tasked with getting rid of red aimed at improving EU-US relations. While While the definitive summit agenda is not tape that hinders transatlantic trade should the initiative was widely labelled at the time yet released, one EU source expected the get the green light at the EU-US summit on as a free trade agreement, in fact it seems its EU would raise the visa waiver programme. 30 April. The EU will also use the summit focus will be on regulatory, rather than tariff- “We would like to see the US dealing with to try to persuade US President George Bush related, barriers. Total transatlantic trade is the EU as a whole rather than with individ- to commit to talks for an international agree- estimated to be worth $3 trillion a year. ual countries,” the source said. Legislation ment on climate change for the post-2012 to enable the EU12 to be added to the pro- period – one that includes binding cuts in CLIMATE CHANGE TENSIONS gramme is pending before Congress but the greenhouse gas emissions. Pressure will be Emboldened by the March European EU has concerns about it because it would exerted by Brussels to speed up the process Council, when EU leaders backed an use visa overstay rates as the determining cri- of adding the remaining 12 EU member ambitious policy plan for tackling climate terion for deciding whether to add a country. states currently not on the US visa waiver pro- change, the Commission and the EU Presi- This could delay entry into the programme gramme to it. Other issues that could come dency look likely to adopt a more confron- for years, they fear, because the US has up are how to break the deadlock in the Doha tational stance with the Bush administra- no comprehensive system in place yet for Round of world trade talks and what policy to tion. “The US and the EU has got to lead establishing when someone has overstayed. adopt towards Iran given the current contro- the world by example,” said one European Washington is also linking the granting of versy about its nuclear programme. diplomat, in reference to the US administra- visa waiver status to a country’s willingness tion’s oft-stated credo that it will only agree to share personal data, such as air passenger MERKEL PLAN BEARING FRUIT? to binding cuts in greenhouse gas emissions name records (PNR) with US authorities. The regulatory barriers body will be if China and India do the same. Transat- The draft EU-US agreement on PNR cur- directed by two individuals on each side of lantic tensions are starting to bubble up, rently being negotiated is not expected to the Atlantic – most likely the US Commerce largely because of the US’s non-committal feature formally on the agenda. Department and the European Commis- approach in the international arena where sion’s Directorate General for Trade, diplo- talks for a post-2012 treaty to succeed Kyoto OTHER ISSUES matic sources say. The body will be made up are due to be launched by the end of 2007. On Doha, there is frustration that while of both government officials and non-govern- While President Bush has been softening the atmospherics between the EU and US mental actors. It will aim to make technical his rhetoric on climate change recently, the have improved in recent months there has regulations in areas like car safety and test- feeling in EU quarters is that in substance not been enough progress on substance. On ing of pharmaceuticals “more harmonious” he has not budged. Iran, the question of economic sanctions without actually having to harmonise them, In the US Congress, by contrast, which the may be broached, including US proposals to the source said, thereby saving businesses Democrats took control of in the November limit both future and existing investment in time and money. This would essentially 2006 elections, Speaker of the House of Rep- the country – something the EU is not pres- represent the fruits of the initiative launched resentatives Nancy Pelosi has vowed to push ently advocating. n

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In Brief

EUROCHAMBRES WELCOMES EU RATIFIES VISA AND safer mercury-free alternatives. The MANDELSON’S STRATEGY READMISSION DEAL WITH RUSSIA Commission’s original proposal called for Eurochambres, the Association of The Justice and Home Affairs Council metallic mercury to be banned in fever European Chambers of Commerce approved on 19 April the conclusion of visa thermometers and in all other measuring and Industry, has welcomed the new facilitation and readmission agreements devices for sale to the general public such market access strategy proposed by with Russia. The agreements were ratified as barometers, blood pressure meters and European Commissioner for Trade last month by Russian President Vladimir other thermometers. (DAI) Peter Mandelson on 18 April. The Putin (see Europolitics 3266) and are due cornerstone of this strategy – the creation to come into force on 1 June 2007. “These FUNDAMENTAL RIGHTS of partnerships between Commission agreements shall facilitate travelling for The EU Council adopted on 19 April delegations, member states’ embassies and many EU and Russian citizens and will a decision establishing the financial business organisations in local non-EU help us to tackle more effectively illegal instrument Fundamental Rights and markets – fully responds to businesses’ migration,” said Commissioner for Justice, Citizenship for 2007-2013, with a budget expectations, said Eurochambres in a press Freedom and Security Franco Frattini. of €93.8 million. This instrument aims at statement. “We have long called upon the The visa facilitation agreement eases supporting respect for fundamental rights Commission to develop a more pro-active the procedures for issuing short-stay and and at encouraging citizens’ participation trade policy which promotes the interests multiple-entry visas, as well as sets the fees in the democratic life of the EU. Projects of European companies abroad; the new applied by both parties at the level of €35. financed will also promote tolerance market access strategy is a step in that Moreover, under the new agreement, and a better intercultural understanding direction. European companies are very visa fees are waived for some categories of throughout Europe, fighting racism, worried by the increase of non-transparent persons, such as close relatives, students or xenophobia and anti-Semitism. All member and discriminatory tariff and non-tariff disabled people, and the documents that states, the acceding and candidate countries barriers in key third countries’ markets. need to be presented have been simplified and the Western Balkans countries They expect ‘Europe’ to take positive and for certain categories of persons. The included in the stabilisation and association concrete measures to overcome these agreement on readmission sets out clear process are taking part in the programme. barriers,» said Arnaldo Abruzzini, secretary- obligations and procedures for both the The programme is open to institutions and general of Eurochambres. (SFA) Russian and the respective EU member public or private organisations established state authorities as to when and how to take in a participating country. (EVP) INSUFFICIENT MULTILINGUALISM back people who are illegally resident. The IN ROMANIA provisions on the readmission of third- CRISIS IN ROMANIA One-quarter of Romanian companies lost country nationals and stateless people will “It is regrettable that a country like business because of poor language skills only become applicable after a transition Romania, which has only recently and 88% of companies think that they period of three years. (JBO) joined the Eu, has gone to this will need to acquire additional expertise situation of institutional crisis’. in languages in the next three years, MERCURY MEASURING DEVICES At this moment, the procedure of shows a recently elaborated report upon The Council on 19 April reached a impeachment of a sitting president in request from the European Commission. common position with two changes a EU member state country against Therefore, more efforts are needed, to the Commission’s draft amending the decision of the Constitutional including encouraging lifelong learning Directive 76/769/EEC on the marketing Court creates rather than solves and the links between business and of measuring devices containing mercury. problems,” said Joseph Daul, chairman education. This was the main message The first change is a two-year transition of the EPP-ED Group, following of Commissioner Leonard Orban at the period for barometers instead of a the impeachment of Romanian Special Business Mixer of AmCham in permanent derogation proposed by the President Traian Basescu on 19 April. Bucharest on 19 April. “One piece of European Parliament. The second change Hannes Swoboda, vice-president of the the jigsaw that is missing is closer links calls for a Commission review of available Socialist Group, said: “All the relevant between education and business,” said alternatives to a ban on blood pressure politicians must react responsibly Orban. The CILT (UK National Centre meters (sphygmomanometers). Banning in order not to set in motion the for Languages) report is available at such meters for health care purposes, the safety clauses of the EU and to keep ec.europa.eu/education/policies/lang/doc/ Council argues, may be “premature” due Romania well-represented in the EU elan_final_report_en.pdf (EVP) to current lack of information on reliable institutions.” (CSA)

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New Publications

Political Islam and Europe The Invisible Hand... of the Kremlin L’Amérique à Bruxelles The question of how to deal with Islamists This study describes the two main Journalist Florence Autret, the Brussels who reject violence, and embrace economic processes in Russia during correspondent for Agefi’s financial democracy ahas become a central concern President Vladimir Putin’s second term; publications and for the daily Le of incumbent Middle East elites, and of renationalisation and concentration Télégramme, has published an essay on interested foreign actors such as the EU of economic assets. According to the relations between the European Union and US. Robert Springborg sees the need authorities, the wide-range renationalisation and the United States. She analyses the for the EU to clarify its policies towards the of the assets and the construction of reciprocal influences exerted by the planet’s region and Muslim democrats within it. superholdings are intended to stimulate two leading economic and political powers. Engagement might itself help to contribute the development of the whole economy. Chapters cover the ‘Atlantic origins of to policy formation in this important However, the current ruling elite is using Europe’, US lobbies in Brussels, Europe area, and serve as a vehicle to disseminate these superholdings to strengthen Russia’s and globalised capitalism and key issues information about relevant EU policies. position on the international arena and to such as the battle between the European Political Islam and Europe – Views from promote its vested interests. The invisible Commission and Microsoft, REACH and the Arab Mediterranean states and Turkey, hand... of the Kremlin, Capitalism ‘a la Galileo. Robert Springborg, CEPS Working russe’, Iwona Wisniewska, Centre for Eastern Florence Autret, L’Amérique à Bruxelles, Documents, April, Brussels, full version Studies, February 2007, available at osw. Editions du Seuil, March 2007, €18, www. available at www.ceps.be waw.pl/en/epub/epunkt/2007/02/pw_14.htm seuil.com People

Willi Budde/AIM Dr Miklos Hinfner/IRU Willi Budde has been named as the new The International Road Transport Union president of the Association Internationale (IRU) appointed Dr Miklos Hinfner as de la Mutualite, AIM. He took over from the IRU executive in charge of passenger Maurice Duranton and will hold the transport within the European Union at post of president until the next General the IRU Permanent Delegation in Brussels. Assembly of the AIM in 2008. Duranton He took over as from the beginning of will take over as a vice-president of the April 2007. Dr Hinfner was previously AIM and as president of the European Affairs Committee. secretary-general of MKFE, the Hungarian road transport operator member association of the IRU.

Bernard Van Goethem/EC Torben Brylle/EU The European Commission has decided to appoint Bernard Torben Brylle has been appointed as the European Union Van Goethem to the post of director, animal health and welfare, Special Representative for Sudan, with effect from 1 May. in the Health and Consumer Protection Directorate-General Brylle, a Danish diplomat who was born in 1948, is currently (DG SANCO, AD14/15). This decision took effect on 4 April. serving as the Danish ambassador-designate to Egypt and Sudan. From 2001 until earlier this year, he was ambassador to South Africa. Brylle will be actively involved, on behalf of the EU, in the efforts to revitalise the political track towards a peace process for Darfur, and to continue facilitating implementation of the Comprehensive Peace Agreement.

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18 Monday 23 April 2007 N° 3292 EUROPOLITICS

EU Agenda Week from 23 to 29 April

Parliamentary committees Human Rights Monday 23 April Committee on Development 19:00 - 20:30 Strasbourg, SDM 5 19:00 - 20:30 Strasbourg, SDM 1 n Discussion with a view to the n Parliament’s right of scrutiny concerning consultative meeting on human rights European the Development Cooperation Instrument between the EU and Russia to be held - Discussion and possible adoption of the on 2 and 3 May 2007 and the EU-Russia Parliament working groups’ conclusions Summit of 18 May 2007 Plenary session n Situation in Zimbabwe - Adoption of a 17:00 - 23:59 Strasbourg, Plenary draft motion for a resolution (Rule 103) Chamber Committee on Economic and Council of 17:00-24:00 Monetary Affairs nResumption of part-session and order of 19:00 - 20:30 Strasbourg, LOW N1.3 Ministers business n ECB Annual Report 2006 - Presentation General Affairs and External One-minute speeches (Rule 144) of the Annual Report by ECB Vice- Relations Council n (***I) Payment services in the internal President, Lucas D- Papademos. 23.04. - 24.04.2007, Luxembourg market - Debate on report by Jean-Paul Rapporteur: Gay Mitchell (EPP-ED, IE) Gauzès (EPP-ED, FR) EU Troika – Russian Federation n (***I) Advanced therapy medicinal Committee on the Internal Market Luxembourg products - Debate on report by Miroslav and Consumer Protection Mikolášik (EPP-ED, SK) 21:00 - 22:30 Strasbourg, LOW N 1.3 Conference on Nature Conservation, n (***I) Criminal measures to enforce Agriculture and Rural Development: intellectual property rights - Debate on Committee on Civil Liberties, Justice Where is the EU headed? report by Nicola Zingaretti (PES, IT) and Home Affairs 23.04. - 24.04.2007, Bonn n Future enlargements and cohesion 19:00 - 21:30 Strasbourg, WIC 200 More: The conference «Nature - Debate on report by (EPP- n Transatlantic Dialogue - Follow-up to Conservation, Agriculture and Rural ED, DE) the LIBE Delegation to Washington DC Development – where is the EU headed?» n Budget 2008: The Commission’s annual (16-18 April 2007) and of the Trilateral is to discuss the prospects of sustainable strategic priorities - Debate on report by meeting on data protection (Berlin) with rural development and agriculture in the Kyösti Virrankoski (ALDE, FI) Jonathan Faull, Director-General of the EU. n (*) Tariff quotas for imports into Bulgaria European Commission’s Justice, Freedom The conference offers a forum for an and Romania of raw cane sugar - Debate and Security DG informal exchange with Directors of on report by Friedrich-Wilhelm Graefe Zu n Re-consultation data protection (3rd the environmental ministries of the EU Baringdorf (Greens/EFA, DE) pillar) - Presidency orientation on draft member states responsible for nature n (*) Quota system in relation to the framework decision and discussion. conservation as well as with representatives production of potato starch - Debate on Rapporteur: Martine Roure (PES, FR) from associations and the scientific report by Janusz Wojciechowski (UEN, PL) (possibly) Treaty of Prüm: The stepping up community in order to discuss proposals n Green Paper: Damages actions for of cross-border cooperation, particularly for setting trends, taking into account the breach of the EC antitrust rules - Debate on in combating terrorism and cross-border needs of nature conservation. report by Antolín Sánchez Presedo (PES, crime - 2nd discussion. Rapporteur: Fausto The discussions will concentrate on ES) Correia (PES, PT) experience gained with regard to the n (possibly) Visa Information System repercussions of EU agriculture and rural KEY (VIS) - Discussion on the outcome of the development policies on environmental (*) Consultation in single reading negotiations of the Council of 20 April. protection and nature conservation. (**I) Co-operation procedure - first reading Rapporteur: Sarah Ludford (ALDE, UK) There will be an exchange of views on (**II) Co-operation procedure - second reading n (possibly) Access for consultation of the the demands of nature conservation on (***) Assent Visa Information System (VIS) - Discussion agriculture and rural development as (***I) Co-decision procedure - first reading on the outcome of the negotiations of the well as discussions on opportunities for (***II) Co-decision procedure - second reading Council of 20 April. Rapporteur: Sarah rural development and agriculture in (***III) Co-decision procedure - third reading Ludford (ALDE, UK) Europe opening up due to environmental www.europolitics.info Sold by subscription only © reproduction strictly prohibited in any language EUROPOLITICS N° 3292 Monday 23 April 2007 19

protection and nature conservation. of Auditors n 2005 Discharge: Section V - Court of n Mr Borg in Morocco. Meeting with Auditors - Report by (EPP- Common forum on Contaminated the Minister for Agriculture, Rural ED, DE) Land Development and Fisheries, Mr Mohand n 2005 Discharge: Section VI - Economic 23.04. - 24.04.2007, Stuttgart Laenser and Social Committee - Report by Daniel Caspary (EPP-ED, DE) n 2005 Discharge: Section VII - Committee of the Regions - Report by European Conferences and Daniel Caspary (EPP-ED, DE) n 2005 Discharge: Section VIIIA - Commission seminars European Ombudsman - Report by Daniel Travel and visits 23-24 April, Brussels Caspary (EPP-ED, DE) n Mr Barroso to meet the German n Challenges of building retail markets n 2005 Discharge: Section VIIIB - Chancellor, Mrs Angela Merkel (Berlin, in Europe European Data Protection Supervisor Meseberg) Subject: 1 July 2007 marks the day when - Report by Daniel Caspary (EPP-ED, DE) n Mr Barroso to meet the «US Board of the all consumers have the right to choose their n 2005 Discharge: sixth, seventh, eighth BDI» (Berlin, Meseberg) power supplier under the 2003 Electricity and ninth European Development Funds - n Signature of the «Trust Fund» agreement Directive. This EURELECTRIC Report by Mogens N.J. Camre (UEN, DK) by Mr Michel, by the Belgian Minister conference examines the broad range of n 2005 Discharge: European Centre for for Cooperation and Development, Mr issues around retail market opening in the Development of Vocational Training Armand De Decker and by the President Europe. - Report by Edit Herczog (PES, HU) of the EIB, Mr Philippe Maystadt (Jean Contact: EURELECTRIC, Blvd. de n 2005 Discharge: European Foundation Monnet room, Berl) l’Impératrice 66, B-1000 Brussels, Tel: +32 for the Improvement of Living and Working n Official opening by Mr Kallas of the 2 515 10 00, Fax: +32 2 515 10 69, www. Conditions - Report by Edit Herczog (PES, Berlaymont Building at Mini Europe eurelectric.org HU) (Bruparck) Venue: Hotel Marriott, 3-7 Rue A. Orts, n 2005 Discharge: European Agency for n Mr Frattini in Russia. Participation in the 1000 Brussels Reconstruction - Report by Edit Herczog EU/RUSSIA Ministerial Meeting (Moscow) (PES, HU) n Mrs Fischer Boel in Stuttgart. Speech n 2005 Discharge: European Monitoring at the General Assembly of German Wine Tuesday 24 April Centre on Racism and Xenophobia - Report Growers Association in Stuttgart. Visit of by Edit Herczog (PES, HU) the Intervitis Interfructa exhibition - Press n 2005 Discharge: European Monitoring conference. Visit of wineries (afternoon) European Centre for Drugs and Drug Addiction n Mrs Hübner to meet the President of - Report by Edit Herczog (PES, HU) BusinessEurope, Mr Ernest-Antoine Parliament n 2005 Discharge: European Environment Seilliere Plenary session Agency - Report by Edit Herczog (PES, n Mrs Reding to meet CEOs from 09:00 - : Strasbourg, Plenary Chamber HU) ECTA (European Competitive n 2005 Discharge: European Agency for Telecommunications Association) 09:00-11:50 Safety and Health at Work - Report by Edit n Mrs Reding to meet Mr Stefano Parisi, Votes on requests for urgent procedure Herczog (PES, HU) CEO of Fastweb (Rule 134) n 2005 Discharge: Translation Centre for n Speech by Mr Kallas to the SEAP n (*) Organic farming: organic production the Bodies of the European Union - Report General Assembly (Residence Palace, rue and labeling of the products - Report by by Edit Herczog (PES, HU) de la loi 55) Marie-Hélène Aubert (Greens/EFA, FR) n 2005 Discharge: European Agency for n Mr Špidla to meet the Latvian Minister n Discharge for implementation of the the Evaluation of Medicinal Products for Administration of European Funds, Mr European Union general budget for the - Report by Edit Herczog (PES, HU) Norman Broks financial year 2005 - Joint debate n 2005 Discharge: Eurojust - Report by n Mrs Kuneva to visit the Rotterdam Port n 2005 Discharge: Section III - Edit Herczog (PES, HU) (Rotterdam) Commission - Report by Salvador Garriga n 2005 Discharge: European Training n Mrs Kuneva to meet the German- Polledo (EPP-ED, ES) Foundation - Report by Edit Herczog (PES, Bulgarian Chamber of Commerce n 2005 Discharge: Section I - European HU) (Brussels) Parliament - Report by Bart Staes (2005 n 2005 Discharge: European Maritime n Mr Almunia to meet directors of the Discharge: Section II, Council - Section II, Safety Agency - Report by Edit Herczog Spanish Regional Office in Brussels Council - Report by Daniel Caspary (EPP- (PES, HU) n Opening speech by Mr Barrot on the ED, DE) n 2005 Discharge: European Aviation occasion of Road Safety Week (Geneva) n 2005 Discharge: Section IV - Court of Safety Agency - Report by Edit Herczog n Mr Rehn to meet Mr Maarten B. Justice - Report by Daniel Caspary (EPP- (PES, HU) Engwirda, member of the European Court ED, DE) n 2005 Discharge: European Food Safety

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Authority - Report by Edit Herczog (PES, Paolo Costa (ALDE, IT) Political and Security Committee HU) n (***II) Assessment and management of (PSC) n 2005 Discharge: European Centre for flood risks - Debate on recommendation for Brussels Disease prevention and Control (ECDC) second reading - Richard Seeber (EPP-ED, - Report by Edit Herczog (PES, HU) AT) International Standards for Digital n 2005 Discharge: European Agency for n Thematic Strategy on the sustainable use Archives – 3rd European Conference Networks and Information Society (ENISA) of natural resources - Debate on report by on EAD, EAC and METS - Report by Edit Herczog (PES, HU) Kartika Tamara Liotard (GUE/NGL, NL) 24.04. - 26.04.2007, Berlin n Combating HIV/AIDS within the More: Archives increasingly use the European Union and in the neighbouring KEY Internet to facilitate free, unhindered access countries, 2006-2009 - Debate on report by (*) Consultation in single reading to their holdings, independently of place Georgs Andrejevs (ALDE, LV) (**I) Co-operation procedure - first reading and time. The use of the international (**II) Co-operation procedure - second standards EAD (Encoded Archival 12:00-13:00 reading Description), EAC (Encoded Archival Votes - Rule 43(1) (***) Assent Context) and METS (Metadata Encoding n (*) EC-Malaysia Agreement on certain (***I) Co-decision procedure - first reading and Transmission Standard) is a major aspects of air services - Report by Paolo (***II) Co-decision procedure - second precondition for the exchange of descriptive Costa (ALDE, IT) reading information and metadata on digitised and n (*) Europol basic salaries and allowances (***III) Co-decision procedure - third digitally-created archives for joint portals - Report by Jean-Marie Cavada (ALDE, FR) reading and gateways. For this reason, the 3rd Votes - (Rule 131) European Conference on EAD, EAC and n Request for the waiver of Vural Öger’s METS will provide general information parliamentary immunity - Report by The President’s diary on the standards and discuss experience Francesco Enrico Speroni (UEN, IT) 15:30 - 16:30 Strasbourg with their usage, as well as various different n 15:30 Meeting with Vicente Fox, former aspects of their deployment. With financial 15:00-18:00 President of Mexico and Manuel Espino, support from the Andrew W. Mellon n Maritime transport - Joint debate President of the Mexican National Action Foundation, New York, the Federal n (***I) Community vessel traffic Party (PAN) Archives were able to test the combination monitoring and information system - Report of EAD, EAC and METS in a pilot by Dirk Sterckx (ALDE, BE) Delegations application for the presentation of digitised n (***I) Investigation of accidents in n Joint meeting of the delegation for holdings on the Internet. the maritime transport sector - Report by relations with Belarus, the delegation to Contact person: Brigitte Fischer, Federal Jaromír Kohlíček (GUE/NGL, CZ) the EU-Russia Parliamentary Cooperation Archives, Tel: +49 (0)30 • 187 77 07 75, E- n (***I) Liability of carriers of passengers Committee and the delegation to the Mail: [email protected], www.bundesarchiv. in the event of accidents - Debate on report EU-Ukraine Parliamentary Cooperation de, www.bkm-eu2007.de by Paolo Costa (ALDE, IT) Committee n (***I) Port State control (recasting) - 17:00 - 18:00 Strasbourg, SDM S5 Report by Dominique Vlasto (EPP-ED, FR) n Security of energy supply: developments n (***I) Ship inspection and survey in EU energy relations with Russia, Ukraine European organisations (recasting) - Report by Luis and Belarus - Discussion with Andris DE Grandes Pascual (EPP-ED, ES) Piebalgs, EU Commissioner on Energy Commission Contact: Thomas Dudrap, Press Service, Travel and visits 18:00-19:30 [email protected], (32-2) 28 n Mr Barroso to meet the former President Question time to the Commission 44524 (BXL) of Mexico, Vicente FOX and the Chairman of the «Partido Acción Nacional», Gabriel 21:00-24:00 Espino (Strasbourg) n European Aviation Area - Joint debate n Mr Frattini in Moldova: Meeting with n Multilateral Agreement on the Council of the President of the Republic of Moldova, Establishment of a European Common Mr Vladimir Voronin; the Prime Minister, Aviation Area - Commission statement Ministers Mr Vasile Tarlev and the Minister of n (*) Multilateral Agreement on the EU-Troika – ECOWAS Foreign Affairs, Mr Andrei Stratan Establishment of a European Common Luxembourg (Chisinau). Participation in the official Aviation Area (ECAA) - Report by Eva opening of the first centre solely for visa Lichtenberger (Greens/EFA, AT) EU – Lebanon Association Council applications (Chisinau). n Galileo - Statement by the Commission Luxembourg n Mrs Hübner to meet Mr Miroslav Ouzky, n (***II) Air transport: common rules Chairman of the EP’s Committee on the for civil aviation security - Debate on EU – Algeria Association Council Environment, Public Health and Food recommendation for second reading by Luxembourg Safety (Strasbourg) www.europolitics.info Sold by subscription only © reproduction strictly prohibited in any language EUROPOLITICS N° 3292 Monday 23 April 2007 21

n Mrs Ferrero-Waldner to meet Karen Free movement of capital on the major EU metropolitan areas with Koning Abuzayd, Commissioner-General of Reference for a preliminary ruling - Hoge Life Sciences clusters; a presentation of the UNRWA (Strasbourg) Raad der Nederlanden - Interpretation of the Life Sciences cluster of Ile-de-France n Mrs Kuneva to meet Mr Jerome Bedier, Articles 56 EC, 57(1) EC and 58(1) EC (Competitiveness pole MEDICEN); President of MEDEF - National legislation granting a tax credit the presence of representatives of this n Participation by Mr Barrot in the to an investment undertaking in respect cluster; the presence of a representative «Steering Group of Commissioners for of tax on dividends deducted at source by of a Life Sciences cluster from another Maritime Policy». (Strasbourg) another Member State - Limitation in the European region; a presentation of the n Official opening by Mr Barrot of the case of shareholders not resident in the “Health” thematic priority within FP7 exhibition «Airbus Photographic Art» Netherlands or not subject to Netherlands by a representative of the European (Strasbourg) corporation tax Commission. n Mr. Kyprianou to meet Mr Ben Organiser: The Paris Region Agency for Bradshaw, British Minister of State (Local Economic Development and the Ile-de- Environment, Marine and Animal Welfare) France Regional Council Court of First Registration compulsory: Karine De Crescenzo, karine.decrescenzo@ Instance iledefrance-europe.org, Tel : 32(0)2 289 25 Court of Justice First Chamber 10, Fax : 32(0)2 513 63 74 Grand Chamber 09.30 For more information about this project, 09.30 n Hearing T-304/05 Cain Cellars v please visit: n Judgment C-523/04 Commission v OHMI (Représentation d’un pentagone) http://mailing.paris-region.com/ Netherlands Intellectual property Bruxelles2007/invitation.htm Transport Community trade mark - Action for Venue: CoR, Room BEL 51, 9h30 - 14h00 Failure of a Member State to fulfil its annulment of decision R 975/2004-1 of obligations - Infringement of Articles 5 and the First Board of Appeal of the Office 52 of the EC Treaty (now Articles 10 and 43 for Harmonisation in the Internal Market Wednesday 25 April EC) - Infringement of Council Regulations (OHIM) of 23 May 2005 dismissing the (EEC) Nos 2409/92 of 23 July 1992 on fares appeal against the decision of the examiner and rates for air services (OJ 1992 L 240, p. refusing registration of a figurative mark in European 15) and 2299/89 of 24 July 1989 on a code the form of a pentagon for goods in Class 33 of conduct for computerised reservation Parliament systems (OJ 1989 L 220, p. 1), as amended Fifth Chamber Plenary session by Council Regulation (EEC) No 3089/93 09.30 09:00 - 23:59 Strasbourg, Plenary of 29 October 1993 (OJ 1993 L 278, p. 1) n Hearing T-266/04 Spain v Commission Chamber - ‘Open sky’ bilateral agreement with the Agriculture US - Review - Restrictions on freedom to Partial annulment of Commission Decision 09:00-11:20 provide services. 2004/457/EC of 29 April 2004 excluding n Transatlantic relations - Council and n Opinion C-2/06 Kempter from Community financing certain Commission statements Area of Freedom, Security and Justice expenditure incurred by the Member n Report on Croatia’s 2006 progress report Reference for a preliminary ruling - States under the Guarantee Section of - Debate on report by Hannes Swoboda Finanzgericht Hamburg - Interpretation of the European Agricultural Guidance and (PES, AT) Article 10 of the EC Treaty as interpreted Guarantee Fund (EAGGF) (OJ 2003 L by the judgment of the Court in Case 156 , p. 48), inasmuch as it excludes certain 11:30-12:00 C-453/00 Kühne & Heitz [2004] ECR expenditure incurred by Spain Votes (Rule 131) I-837 -Review and amendment of a final n (***I) Transmission of national accounts administrative decision by an administrative data - Report by José Manuel García- body in order to take account of the Committee of the Margallo y Marfil (EPP-ED, ES) interpretation of the relevant Community n (*) Adapting the provisions concerning provision given in the meantime in a Regions the Court of Justice in fields covered judgment of the Court although the 24 April, CoR, Brussels by Title IV of Part Three of the Treaty person to whom the decision was addressed n “Europe and Life sciences : Ile-de- establishing the European Community had not relied on infringement of that France, a leading region” - Report by József Szájer (EPP-ED, HU) provision at the time of the initial judicial Subject: The event will focus on Life n (*) Framework Agreement on a proceedings and lodged its application for Sciences in Europe, highlighting the Multilateral Nuclear Environmental review only 19 months after that judgment assets of the Ile-de-France Region in this Programme in the Russian Federation was delivered field and the possible synergies with other and of the Protocol on Claims, Legal n Hearing C-194/06 Orange European EU regions and at the European level, Proceedings and Indemnification - Report Smallcap Fund namely with: the presentation of a study by Vladimír Remek (GUE/NGL, CZ)

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n (***I) Provision of basic information The President’s diary the Finance Committee and the Budget on Purchasing Power Parities and for their 11:30 - 19:00 Strasbourg Committee on the political agenda; speech calculation and dissemination - Report by n 11:30 Bilateral meeting with Abdul at the French Institute «Language being a Sharon Bowles (ALDE, UK) Kalam, President of India barrier or a facilitator?»; meeting with the n 17:15 Meeting with Karen Abuzayd, German Federal Minister of Education and Other votes Commissioner-General of UNRWA Research, Mrs (Berlin, n International accounting standards (United Nations Relief and Works Agency) 25). Visit to a Franco-German secondary concerning financial information - RP n 18:00 Meeting with the Knesset school; meeting with Prof. Dr. E. Jürgen n Proposal for a decision to set up a Delegation Zöllner, Senator responsible for education Temporary Committee on Climate Change in the city of Berlin on “actions for learning languages in the context of immigration»; 12:00-12:30 meeting with the Federal Minister of n Formal sitting - India Council of the Interior, Mr Wolfgang Schäuble on the study of a pilot project on “learning 12:30-13:00 Ministers languages and immigration» (Berlin, 26). Continuation of votes COREPER I Participation at a Unesco conference on Brussels cultural diversity (Essen, 27) and speech 15:00-1800 in the framework of the Universities’ n Joint debate - Human rights COREPER II Symposium on «The potential of European n Annual report on Human rights in the Brussels Philology» - «Can language diversity help to world 2006 and the EU’s policy on the create a European identity?» (Osnabrück, matter - (possibly) Debate on report by Symposium marking the 10th 27) Simon Coveney (EPP-ED, IE) Anniversary of the Founding of the n Visit by Mrs Fischer Boel to the Bonollo n Moratorium on the death penalty - Organization for the Prohibition of distillery (Mestrino, Italy) Council and Commission statements Chemical Weapons n Mr Mandelson to meet the Dutch n Ukraine - Council and Commission 25.04. - 27.04.2007, Berlin Minister for Foreign Trade, Mr Frank statements Heemskerk n Homophobia in Europe - Council and Meeting of Directors-General n Mrs Wallström to visit the United Commission statements Responsible for Civil Protection States (25-27): meeting with American 25.04. - 27.04.2007. Weimar Congress members; meeting with Mrs 18:00-19:00 Nancy Pelosi, Leader of the House of Question time to the Council Conference of Directors of EU Representatives; participation in the paying agencies Round Table organised by the Centre for 21:00-24:00 25.04. - 27.04.2007, Potsdam Strategic and International Studies on n (***I) Rapid Border Intervention Teams European Commission the theme of «Communicating Europe - Debate on report by Gérard Deprez - A mission impossible»; She will give a (ALDE, BE) Weekly Commission meeting conference at the «John Hopkins School n Public finances in the EMU 2006 n Draft agenda: of Advanced International Studies» on the - Debate on report by - Preparation of the EU/US summit (30 theme of «What future for Europe»(26); (EPP-ED, DE) April) Meeting with Mrs Paula J. Dobriansky, n Reinforce European legislation in the - (event.) Communication on the European Under Secretary, Democracy and Global field of information and consultation of Space Policy Affairs; Participation in a meeting with workers - Commission statement - (event) Screening of the staff resources of NGOs and Congress members organised by n (***I) Simplifying reports on the Commission the «Albright Group»; Conference at the implementation - Debate on report by Ilda American University («The EU at 50: What Figueiredo (GUE/NGL, PT) Travel and visits common purpose for the future»)(27). n Possibly, reports under Rule 134 n Mr Barroso to meet the «Institute of n Speech by Mrs Hübner at the Directors» (London) Conference «Managing Urban Land» in KEY n Speech by Mr Potocnik on «Research Stuttgart (*) Consultation in single reading Policy in the European Union», in a debate n Speech by Mr Dimas on the occasion of (**I) Co-operation procedure - first reading with the Executive Director of the Nobel the Asia-Europe Summit (Copenhagen) (**II) Co-operation procedure - second reading Foundation and the Rector of Luxembourg n Mrs Reding in Paris (25-26): Visit to (***) Assent University, (Neumunster Abbey, Lux.) the «Thales European Research Centre (***I) Co-decision procedure - first reading n Mr Michel on mission in Israel, Syria for Security & Information Systems» (***II) Co-decision procedure - second reading and (25-29) (ThereSIS); Speech on «New policies for (***III) Co-decision procedure - third reading n Visit by Mr Orban to Germany (25- next generation services» at the launch of 27). Visit to the , joint meeting Digiworld (25); Meeting with Mrs Darlène with the Committee on European Affairs, Solomon, Chief Technology Officer and www.europolitics.info Sold by subscription only © reproduction strictly prohibited in any language EUROPOLITICS N° 3292 Monday 23 April 2007 23

Vice President of Agilent Laboratories; expenditure of operations co-financed Fourth Chamber, Extended Meeting with Mrs Laurence Parisot, by the Structural Funds and, in the Composition President of Medef; Meeting with daily alternative, annulment of Commission 09.30 newspaper bosses and regional editors; Regulation (EC) No 448/2004 of 10 n Hearing T-351/03 Schneider Electric v Participation in a debate at the Master’s March 2004 amending Regulation (EC) Commission Conference on «Audiovisual Law and No 1685/2000 laying down detailed Competition Administration» (26) rules for the implementation of Council Action for damages seeking compensation n Mr Špidla to launch the European Regulation (EC) No 1260/1999 as regards for the loss allegedly suffered by the Diversity Truck (in front of the EP, the eligibility of expenditure of operations applicant as a result of the Commission’s Strasbourg) co-financed by the Structural Funds conduct in the evaluation of the n Mrs Kuneva to visit Madrid, Spain and withdrawing Regulation (EC) No concentration seeking Legrand’s acquisition n Mr Almunia in Athens. Speech on 1145/2003 (OJ 2004 L 72, p. 66) by Schneider Electric (Case No COMP/ «Unveiling the new Priorities for EMU» at n Hearing T-443/04 Italy v Commission M.2283 - Schneider/Legrand) the «11th Annual Economist Conference Regional policy Government Round Table and «Which Annulment of Commission decisions Model for Europe», organised by the Greek D(2004) 7355 of 27 August 2004, Minister for Economy and Finance D(2004) 7609 of 3 September 2004, Economic and (D(2004) 7965 of 15 September 2004, D(2004) 8094 of 17 September 2004, Social Committee D(2004) 8097 of 17 September 2004 and Plenary session Court of Justice D(2004) 8285 of 20 September 2004 Opening of the session: 2.30 p.m. Third Chamber on the interpretation of the provisions n Te session will be attended by Engelbert 09.30 concerning the conditions for payment Lütke Daldrup, state secretary at the n Hearing C-20/05 Schwibbert by the Commission from the Structural German Federal Ministry of Transport, Intellectual property Funds in operations cofinanced by those Building and Urban Affairs, on behalf of The text is not available in English funds the German n Hearing T-308/05 Italy v Commission presidency-in-office of the Council, at 3.30 11.00 Regional policy p.m. on Wednesday 25 April 2007. n Hearing C-399/05 Commission v Annulment of several Commission n Points on the agenda: Greece decisions taken in June 2005 on the 1. Presence of a quorum Company law interpretation of provisions concerning 2. Adoption of the draft agenda Failure of a Member State to fulfil the conditions of payment by the 3. Approval of the minutes of the 434th obligations - Infringement of Article 4(2) Commission of the contribution of the plenary session (CESE 456/2007) held on of Council Directive 93/38/EEC of 14 Structural Funds to operations co- 14 and 15 March 2007 June 1993 coordinating the procurement financed by the latter 4. Statement by the President procedures of entities operating n Hearing T-345/04 Italy v Commission 5. Members’ discussion time in the water, energy, transport and Regional policy 6. Statement by Mr Engelbert Lütke telecommunications sectors (OJ 1993 L Direct action - Annulment of Daldrup, state secretary at the German 199, p. 84) - Admission of the tenders of two Commission decisions D (2004)4074 of Federal Ministry of Transport, Building and companies not meeting the conditions of 17 June 2004 and JE/OA D (2004) 5446 Urban Affairs, on behalf of the German the notice to tender or of the specification of 14 July 2004, on the interpretation of presidency-in-office - Construction and bringing into operation the provisions concerning the conditions 7. Committee opinions of a thermal power station at Lavrio of payment by the Commission of the n Report on Competition Policy 2005 contribution from the Structural Funds in Rapporteur: Mr Garai (Gr. III-HU) operations co-financed by the latter n Towards a future Maritime Policy for the Union: A European vision for the oceans Court of First Fourth Chamber and seas (Green Paper) 09.30 Rapporteur: Ms Bredima-Savopoulou (Gr. Instance n Judgment T-264/04 WWF European I-EL) Second Chamber Policy Programme v Council Co-rapporteurs: Mr Chagas (Gr. II-PT) 09.30 Law governing the institutions Mr Nilsson (Gr. III-SE) n Hearing T-207/04 Italy v Commission Annulment of the Council’s decision n A common EU ports policy Regional policy of 30 April 2004 refusing to give Rapporteur: Mr Simons (Gr. I-NL) Annulment of the Commission’s the applicant access to Commission n Freight Transport Logistics in Europe Decision No E2/LP D(2004) 712 of 25 documents concerning sustainable – the key to sustainable mobility March 2004 on the interpretation of development and trade after Cancun (communication) the provisions governing the conditions which were provided to Members of ‘the Rapporteur: Mr Barbadillo López (Gr. for the Commission’s payment of Article 133 Committee’ I-ES)

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n Short sea shipping (mid-term review) Organisers: VAT Forum (communication) Contact: VAT Forum, tel: 32 2 272 44 39, Rapporteur: Mr Chagas (Gr. II-PT) Committee of the [email protected] n Road infrastructure safety management Venue: Hotel Sidi San Juan Rapporteur: Mr Simons (Gr. I-NL) Regions http://www.vatforum.com/alicante/ n Internal market of Community postal 25 April, CoR, Brussels services (permanent study group on n Regional Opportunities for Managing 25-27 April, Brasov (Romania) Services of general interest) Demographic change n Energy and Climate Change : Rapporteur: Mr Hencks (Gr. II-LU) Subject: The seminar «Regional Communicating to change our behaviour n Transport in urban and metropolitan Opportunities for Managing Demographic 12th Energie-Cités Annual Conference areas (exploratory opinion requested by the Change» is premised on the idea that Subject: This conference will give the German Presidency) demographic change is not only a opportunity: to bring practical and down- Rapporteur: Mr Ribbe (Gr. III-DE) challenge but also an opportunity. Due to to-earth answers (to develop an efficient n Framework for soil protection the ageing of populations, there is a need communication strategy on a local level, Rapporteur: Mr Nilsson (Gr. III-SE) for new services, products and innovations. to understand the mechanisms behind n Authorisation procedure for food The purpose of this seminar is to look behavioural change, to involve partners, additives, food enzymes and food at demographic change from a regional to have access to professional operational flavourings and local perspective and to discuss the support…); to develop exchanges about Food enzymes opportunities for developing new markets European experiences within participative Food flavourings linked to ageing. The seminar is organised theme workshops; to appreciate the views Food additives by South Finland EU-office which of communication and social marketing Rapporteur: Mr Pezzini (Gr. I-IT) represents three Finnish regions: Häme, specialists. n Implementing sustainability in EU Päijät-Häme and Itä-Uusimaa. Organisers: Energie-Cités with the fisheries through maximum sustainable Organiser: South Finland EU Office Municipality of Brasov yield For more information please contact: Contact: Nathalie Moroge, Tel : 33 3 81 65 (communication) [email protected] 36 81, www.energie-cites.org/nathalie Rapporteur: Mr Sarró Iparraguirre (Gr. Venue: CoR, Brussels, JDE 70 – 9.00 Venue: Aro Palace Hotel, b-dul Eroilor 27- III-ES) – 13.00 29, RO–500030 Brasov n Import/export of cat and dog fur www.energie-cites.org/conference Rapporteur: Mr Retureau (Gr. II-FR) n Exports and safe storage of metallic Conferences and mercury Thursday 26 April Rapporteur: Mr Osborn (Gr. III-UK) n Value and supply chain trends in a seminars European and global context (own-initiative 25 April, Brussels European opinion) n GEODE IV seminar: Distributors Rapporteur: Mr Van Iersel (Gr. I-NL) and the new EU regulation: third energy Parliament n Guidelines for employment policies package Plenary session Rapporteur: Ms O’Neill (Gr. III-UK) Subject: Special attention will be given to 10:00 - 18:00 Strasbourg, Plenary Chamber n The metropolitan regions: socio- the Third Energy Package published by the economic implications for the future of European Commission last 10th January 10:00-11:50 Europe (exploratory opinion requested by and its effects for distribution companies. n EU-Swiss relations - Commission the German presidency) Organisers: GEODE (Groupement Statement Rapporteur: Mr Van Iersel (Gr. I-NL) Européen des entreprises et Organismes de n Situation of disabled women in the n Territorial agenda of the EU (exploratory distribution d’Energie) European Union - Debate on report by opinion requested by the German Contact: Tel: 34 93 414 22 77 – geode@ Esther Herranz García (EPP-ED, ES) presidency) delasprat.com Rapporteur: Mr Pariza Castaños (Gr. II-ES) Venue: Hotel Sheraton, Place Rogier, 3 12:00-13:00 8. Other business - 1210 Brussels n Votes (Rule 131) 9. Date of the next plenary session. www.geode-eu.org n (*) Scheme to compensate for the 25 April, Brussels additional costs incurred in the marketing n Participation of Mr Linas Lasiauskas 25-27 April, Alicante (Spain) of certain fishery products from the et Mr Claudio Cappellini in the joint n 8th Interactive conference on Indirect Azores, Madeira, the Canary Islands, and Conference organised by Euratex et Taxation the French departments of Guiana and EUF/TCL on «Restructuring and industrial Subject: Taxable basis (Open market value, Réunion (2007-2013) - Report by Duarte change in the Textile-Clothing sector» Free goods, Self-supplies); Recharging of Freitas (EPP-ED, PT) services (FCE bank case, (European) VAT n (*) Regional Advisory Councils under Grouping); Financial services the Common Fisheries Policy - Report by www.europolitics.info Sold by subscription only © reproduction strictly prohibited in any language EUROPOLITICS N° 3292 Monday 23 April 2007 25

Elspeth Attwooll (ALDE, UK) (EPP-ED, DE) n (*) Conservation and sustainable Contact: Jochen Kubosch, Munich Office, exploitation of fisheries resources - Report n49 89 20 20 87 90, Jochen.Kubosch@ European by Ioannis Gklavakis (EPP-ED, EL) europarl.europa.eu Commission 15:00-16:00 Travel and visits n Zimbabwe - Commission statement n Mr Barroso to visit the United States Council of (26-29): in New York from 26 to 28, in 16:00-17:00 Washington on 29 n Debates on cases of breaches of human Ministers n Mrs Fischer Boel to meet a delegation rights, democracy and the rule of law - Rule Informal Meeting of Ministers for from Fedolive (Fédération de l’Industrie 115 Competitiveness de l’Huile d’Olive de l’UE) n Recent repression of demonstrations in 26.04. - 28.04.2007, Würzburg n Mr Piebalgs to meet the Russian Russia More: More about this event: www.bmbf.de Industry and Energy Minister, Mr Viktor n The kidnapping of Alan Johnston in Khristenko Gaza Informal Meeting of the European Mrs Hübner in Geneva. Participation n Human Rights situation in The Employment Committee (EMCO) in the 60th anniversary of the United Philippines 26.04. - 27.04.2007, Dresden Nations Economic Commission for Europe (UNECE). Guest of honour at 16:00 (or at the end of the preceding 5th Congress of the Social Sector: the debate on the «Contribution of the debates) Managing Europe’s Social Affairs; Economic Commission for Europe to pan- Votes Values – Competition – Finance European economic integration in the era 26.04. - 27.04.2007, Magdeburg of globalisation». Meeting in Geneva with KEY Mr Pascal Lamy, Director-General of the (*) Consultation in single reading CEDEFOP-Conference: Towards a World Trade Organisation (WTO) (**I) Co-operation procedure - first reading European area of VET n Mr Dimas to meet the German (**II) Co-operation procedure - second reading 26.04. - 27.04.2007, Thessaloniki Minister-President of , Prof. Dr. (***) Assent More: More about this event on www.bmbf. George Milbradt (***I) Co-decision procedure - first reading de n Mr Špidla to participate in the press (***II) Co-decision procedure - second reading conference on Social Partners Agreement (***III) Co-decision procedure - third reading Conference on «Building Culture for on Harassment and Violence at Work Sustainable Urban Development» (Confederation of European Unions, The President’s diary 26.04. - 27.04.2007, Hamburg Brussels) 20:00 - 22:00 Brussels, Palais des Beaux- More: Further information: www.bmvbs.de n Mr Kovacs to meet Mr Georg Milbradt, Arts the German Minister-President of Saxony n Gala charity concert - Association Conference: Cultural Diversity n Official visit of Mrs Ferrero-Waldner to Femmes d’Europe - Award of prize to – Europe’s Wealth. Bringing the Kaliningrad the orchestra «Sächsische Staatskapelle UNESCO Convention to Life n Participation of Mrs Ferrero-Waldner in Dresden» 26.04. - 28.04.2007, Essen a transatlantic dinner with NATO & EU In the context of the European ratification Foreign ministers (Oslo) Other events process the conference will hold a broad- n Mrs Kuneva to visit Santander, Spain n EP Citizen’s Forum on the Future of based debate on the concept of Cultural n Participation and speech by Mr Barrot at Europe Diversity. What does it mean? How can the Road Safety Conference organised by 09:00 - 19:00 Würzburg, Germany, the Convention be brought to life? For Toyota at Auto World (Bruxelles) University, Maximum Auditorium a debating the topics film, music, media n Mr Rehn to meet Mrs Majlinda Bregu, As part of its contribution to the debate politics and north-south cooperation European Integration Minister of the on the future of Europe and the period analyse dangers and opportunities. Together Republic of Albania of reflection following the ‘no’ votes with representatives of the international n Mr Borg in Copenhagen (26-27). on the constitution in France and the civil society elements for a European action Participation in the General Assembly Netherlands, the European Parliament is paper will be developed. meeting of the Danish Fishermen’s organising a series of citizen’s forums to Contact person: Christine M. Merkel, Association. In the margins of this, enable members of the public directly to German Commission for UNESCO, meetings with the Minister for Food, enter the debate on the main issues. This +49(0)228 604970, merkel(at)unesco.de, Agriculture and Fisheries, Mr Hans forum, in Würzburg, entitled «Having our www.unesco.de Christian SCHMIDT and Danish say in Europe» will focus on the German stakeholders on the Maritime Green Presidency, competitiveness, education and Paper at the Danish Maritime Authority, employment. followed by a press briefing Participants: Lissy Gröner (PES, DE) and

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trade mark by the parallel importer of a the Community trade mark ‘TRAVATAN’ medicinal product - Change in packaging in respect of goods in Class 5 against Court of Justice - Requirements for placing on the market Decision R 968/2001-3 of the third Board First Chamber laid down by the Court of Justice in of Appeal of the Office for Harmonisation 09.30 Joined Cases C-427/93, C-429/93 and in the Internal Market (OHIM) of 30 n Opinion C-202/06 P Cementbouw C-436/93 Bristol-Myers Squibb v Paranova January 2003, which had dismissed the Handel & Industrie v Commission - Interpretation appeal brought against the decision of the Competition n Judgment C-195/04 Commission v Opposition Division refusing registration Appeal against the judgment of the Court of Finland of that mark in the opposition proceedings First Instance (Fourth Chamber, Extended Free movement of goods brought by the proprietor of the national Composition) of 23 February 2006 in Case Failure by a Member State to fulfil its word mark ‘TRIVASTAN’ in respect of T-282/02 Cementbouw Handel & Industrie obligations - Infringement of Article 28 goods in Class 5. BV v Commission of the EC, whereby EC - Purchase by a public undertaking n Hearing C-294/06 Payir and Others the Court of First Instance dismissed an of institutional kitchen equipment - External relations application for annulment of Commission Obligation of transparency Preliminary ruling - Court of Appeal Decision 2003/756/EC of 26 June 2002, n Opinion C-186/06 Commission v Spain - Interpretation of Article 6(1) of Decision relating to a procedure pursuant to Council Environment and consumers No 1/80 of the EEC/Turkey Association Regulation (EEC) No 4064/89 (Case The text is not available in English Council - Notion of a worker duly COMP/M.2650 − Haniel/Cementbouw/ n Hearing C-177/06 Commission v Spain registered as belonging to the labour force JV (CVK)), declaring a concentration State aid of a Member State - Turkish national entailing the acquisition of joint control Member State’s failure to fulfil its employed as an au-pair after obtaining leave of the cooperative CVK by Franz Haniel obligations - Failure to adopt, within the to remain for two years in order to pursue & Cie GmbH and Cementbouw Handel period prescribed, the measures necessary that activity - Turkish national granted leave & Industrie BV to be compatible with to ensure implementation of Articles 2 to remain to follow a course of study and to the common market and the EEA and 3 of the Commission’s decisions of work for a maximum of 20 hours per week Agreement, on condition that certain 20 December 2001 on a State aid scheme during the academic year commitments be complied with in order implemented by Spain in 1993 for certain to correct the dominant position created newly established firms in Guipúzcoa Fourth Chamber on the Netherlands market in construction (Spain) (notified under document number 09.30 materials for load-bearing walls. Incorrect C(2001) 4448) (OJ L 77 of 24 March 2003, n Judgment C-392/05 Alevizos interpretation of Articles 1, 2 and 3(1) p. 1), in Álava (Spain) (C(2001) 4475) Taxation of Regulation (EEC) No 4064/89 and of (OJ L 17 of 22 January 2003, p. 20) and in Reference for a preliminary ruling - Article 8(2) of Regulation (EC) No 1310/97 Vizcaya (Spain) (C(2001) 4478) (OJ L 40 Simvoulio tis Epikratias - Interpretation of - Breach of the principle of proportionality of 14 February 2003), p. 11. Article 6 of Council Directive 83/183/EEC n Hearing C-39/06 Commission v of 28 March 1983 on tax exemptions Germany Third Chamber applicable to permanent imports from a State aid 09.30 Member State of the personal property of Failure of a Member State to fulfil n Judgment C-135/05 Commission v Italy individuals (OJ 1983 L 105, p. 64) - Scope obligations - Infringement of Article 249 Environment and consumers of «normal residence» - Civil servants and EC and Articles 1, 2 and 3 of Commission Failure of a Member State to fulfil officers of the armed forces posted abroad Decision 2003/643/EC of 13 May 2003 on obligations - Infringement of Articles 4, on service the State aid implemented by Germany 8 and 9 of Council Directive 75/442/ n Opinion C-451/05 Elisa for Kahla Porzellan GmbH and Kahla/ EECon waste, as amended by Directive Free movement of capital Thüringen Porzellan GmbH (notified 91/156/EEC (OJ 1975 L 194, p. 39.) Reference for a preliminary ruling - Court under number C(2003) 1520; aid No - Infringement of Article 2(1) of Council of cassation (France) - Interpretation of C-62/00, ex NN 142/99) (OJ 2003 L 227 Directive 91/689/EEC on hazardous waste Article 43 et seq. and Article 56 et seq. of of 11 September 2003, p. 12) - Failure to (OJ 1991 L 377, p. 20) - Infringement the EC Treaty, and Article 1 of Council have taken, within the prescribed period, of Article 14(a), (b) and (c) of Council Directive 77/799/EEC of 19 December the measures necessary to recover the aid Directive 1999/31/EC on the landfill of 1977 concerning mutual assistance by which was declared to be incompatible waste (OJ 1999 L 182, p. 1). the competent authorities of the Member with the common market n Judgment C-412/05 P Alcon v Office States in the field of direct taxation (OJ for Harmonisation in the Internal Market 1977 L 336, p. 15) - Tax on the commercial Second Chamber Intellectual property value of immoveable property situated in 09.30 Appeal against the judgment of the Court France - Exemption of legal persons having n Judgment C-348/04 Boehringer of First Instance (Third Chamber) of their effective centre of management in Ingelheim and Others 22 September 2005 in Case T-130/03 France, legal persons which, under a treaty, Free movement of goods Alcon v OHIM dismissing an action for are not to be taxed more heavily and legal Free movement of goods - Use of a annulment brought by the applicant for persons having their seat in a country or www.europolitics.info Sold by subscription only © reproduction strictly prohibited in any language EUROPOLITICS N° 3292 Monday 23 April 2007 27

territory which has concluded with France Competition on the applicant a convention on administrative assistance to Annulment of, or alternatively, reduction of n Judgment T-129/02 Torraspapel v combat tax evasion and avoidance - Refusal the fine imposed on the applicant pursuant Commission to grant an exemption to a Luxembourg to Commission Decision C(2001) 4573 Competition holding company final corr. of 20 December 2001 relating Annulment of, or, in the alternative, to a proceeding pursuant to Article 81 of reduction of the fine imposed on the Eighth Chamber the EC Treaty and Article 53 of the EEA applicant by Commission Decision 09.30 Agreement (Case COMP/E-1/36.212 C(2001) 4573 final corr. of 20 December n Judgment C-358/06 Commission v - Carbonless paper), concerning a cartel on 2001 relating to a proceeding pursuant to Greece the carbonless paper market Article 81 of the EC Treaty and Article 53 Social policy n Judgment T-122/02 Mitsubishi HiTec of the EEA Agreement (Case COMP/E- Failure of a Member State to fulfil Paper Bielefeld v Commission 1/36.212 - Carbonless paper), concerning a obligations - Failure to adopt, within the Competition cartel on the carbonless paper market prescribed time-limit, all the measures Annulment of Article 1 of Commission n Judgment T-132/02 Distribuidora necessary to comply with Directive Decision C(2001) 4573 final corr. of 20 Vizcaína de Papeles v Commission 2003/105/EC of the European Parliament December 2001 relating to a proceeding Competition and of the Council of 16 December 2003 pursuant to Article 81 of the EC Treaty and Annulment of Commission Decision amending Council Directive 96/82/EC Article 53 of the EEA Agreement (Case C(2001) 4573 final corr. of 20 December on the control of major-accident hazards COMP/E-1/36.212) - Carbonless paper), 2001 relating to a proceeding pursuant to involving dangerous substances (OJ 2003 L concerning a cartel on the carbonless paper Article 81 of the EC Treaty and Article 53 345, p. 97) market, and reduction of the fine imposed of the EEA Agreement (Case COMP/E- on the applicant 1/36.212 - Carbonless paper), concerning n Judgment T-125/02 Papierfabrik August a cartel on the carbonless paper sector, or, Koehler v Commission in the alternative, reduction of the fine Court of First Competition imposed on the applicant Annulment of Commission Decision n Judgment T-136/02 Papelera Instance C(2001) 4573 final corr. of 20 December Guipuzcoana de Zicuñaga v Commission Second Chamber 2001 relating to a proceeding pursuant to Competition 09.30 Article 81 of the EC Treaty and Article Annulment of Articles 1, 2 and 3 of n Hearing T-60/05 Ufex and Others v 53 of the EEA Agreement (COMP/E- Commission Decision C(2001) 4753 Commission 1/36.212 - Carbonless paper), concerning final corr. of 20 December 2001 relating Competition an agreement in the market for carbonless to a proceeding pursuant to Article 81 of Annulment of Commission decision SG- paper, or, in the alternative, reduction of the EC Treaty and Article 53 of the EEA Greffe (2004) D/205294 of 19 November the fine imposed on the applicant Agreement (Case COMP/E-1/36.212 2004, which rejects the complaint brought n Judgment T-126/02 M-real Zanders v - Carbonless paper) concerning a cartel in by the applicants against la Poste and the Commission the carbonless paper market and, in the French State on the basis of Articles 82 EC Competition alternative, reduction of the fine imposed and 86 EC and concerns the international Annulment, or alternatively reduction, on the applicant express courier market. of the fine imposed on the applicant by Commission Decision C(2001) 4573 final corr. of 20 December 2001 relating Fifth Chamber to a proceeding pursuant to Article 81 09.15 of the EC Treaty and Article 53 of the Economic and n Judgment T-109/02 Bolloré v EEA Agreement (COMP/E-1/36.212 Commission - Carbonless paper), concerning an Social Committee Competition agreement in the market for carbonless Plenary session Annulment of Articles 1, 2 and 3 of paper see the agenda on 25 April Commission Decision C(2001) 4573 n Judgment T-128/02 Papeteries Mougeot final of 20 December 2001 relating to v Commission a proceeding pursuant to Article 81 of Competition Friday 27 April the EC Treaty and Article 53 of the Annulment of Commission Decision EEA Agreement (COMP/E-1/36.212 C(2001)4573 final corr. of 20 December - Carbonless paper), concerning an 2001 relating to a procedure under Article European agreement in the market for carbonless 81 of the EC Treaty and Article 53 of the paper, and, in the alternative, reduction of EEA Treaty (Case COMP/E-1/36.212 Parliament the fine imposed on the applicant - Photocopying paper) relating to a cartel in Other events n Judgment T-118/02 Arjo Wiggins the photocopying paper market or, in the n EP Citizen’s Forum on the Future of Appleton v Commission alternative, a reduction of the fine imposed Europe

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09:00 - 19:00 Stockholm, Sweden, «Hofwiesenpark » and the «Neue Demokrativerkstaden, Västerlånggatan Landschaft Ronneburg». The «Neue 1 Landschaft Ronneburg» (Ronneburg Economic and As part of its contribution to the debate New Landscape) is being designed as a on the future of Europe and the period of completely new natural and adventure area, Social Committee reflection following the ‘no’ votes on the as part of one of the largest redevelopment 27 April, Brussels, EESC constitution in France and the Netherlands, projects in mining and environmental n 2nd meeting of Sustainable the European Parliament is organising a protection world-wide. Here the longest Development Observatory (NAT) series of citizen’s forums to enable members wooden bridge in Europe can also be seen 27 April, Brussels, EESC of the public directly to enter the debate on - the «Dragon´s Tail». n Public hearing of the Single the main issues. This forum, in Stockholm, Contact person: BUGA 2007 Gagarinstraße Market Observatory (SMO) entitled will focus on cross-border cooperation 81, D-07545 Gera, tel: 49/(0)3 65/55 20 «Simplification of the regulatory against organised crime. 07, fax: 49/(0)3 65/5 52 00 99, e-mail: environment for the machinery sector» Participants: Anna Hedh (PES, SE) and info(at)buga2007.de, http://www.buga2007. Inger Segelström (PES, SE) de http://www.eu2007.de/en/Meetings_ Contact: Marina Lahteenmaa, Information Calendar/Kulturveranstaltungen/April/ Saturday 28 April Office, Stockholm, 46/8 562 444 55, 0427RPKU53.html [email protected] Economic and European Social Committee Council of 28 April to 5 May, Delhi, India Commission n Official visit of the EESC President to Ministers Travel and visits India to prepare the 11th bilateral Round COREPER I n Mr Kallas to meet the Minister President Table next June, as well as to meet with Brussels of the Brussels Capital Region, Mr Charles Indian authorities and India’s civil society Picque organizations Political and Security Committee n Mr Figel’ in Thessaloniki. Meeting (PSC) with the Greek Education Minister, Mrs Brussels Marietta Giannakou n visit of CEDEFOP n Mr Piebalgs in Malta. Participation European Board of National in the dialogue with Students on the Archivists - EBNA - General Meeting European Commission’s Energy Package Berlin - Speech at the «Energy for Europe» More: Following the Conference on Conference in Valetta (St James Cavalier Digital Archives, the Annual Congress -Centre for Creativity) – Meeting with the of the European Board of National Prime Minister of Malta, Dr Lawrence Archivists will serve to coordinate European Gonzi (Auberge de Castille, Valetta) organizations active in this field. Directors – Participation in the press conference from the largest national archives in Europe (together with Mr Ninu Zammit, Minister regularly use the Congress to agree on for Resources and Infrastructure of Malta) common approaches. The Congress also (Valetta Airport) provides an opportunity to coordinate n Mr Mandelson in the United States European affairs within the International - Participation in the EU-US Summit Council on Archives and to discuss issues of (Washington) digital preservation in European countries. n Mr Dimas to meet the Secretary-General Contact person: Brigitte Fischer, Federal of the International Maritime Organization, Archives, Tel: 49 (0)30 • 187 77 07 Mr Efthimios Mitropoulos 75, E-Mail: info(@)instada.eu, www. n Mrs Hübner to meet the Vice President bundesarchiv.de, www.bkm-eu2007.de of the World Bank Europe and Central Asia Region, Mr Shigeo Katsu BUGA ´07 - 2007 Federal Garden Show n Mrs Ferrero-Waldner to meet the in Gera and Ronneburg Georgian Minister of Foreign Affairs, Gela 27.04. - 14.10.2007, Gera, Ronneburg Bejuashvili For the first time in its more than 50-year n Mrs Kuneva to visit Sofia, Bulgaria history, the Federal Garden Show is being n Participation and speech by Mr Barrot for held from 27th April to 14th October European Road Safety Day (Brussels) 2007 at two different locations - the www.europolitics.info Sold by subscription only © reproduction strictly prohibited in any language

EUROPOLITICS N° 3292 Monday 23 April 2007 31

Interview with MEP Françoise Grossetête (EPP-ED, France) Advanced therapies: The Vatican interferes

By Nathalie Vandystadt What consequences will the ethical L by supporting research and treating clauses have for patients? certain serious diseases (cancer, neuro- Françoise Grossetête was the Euro- They quite purely and simply forbid logical diseases, etc) and not by obey- pean Parliament’s rapporteur for several any centralised authorisation for prod- ing orders from the Vatican.. of the dossiers relating to the regula- ucts derived from human embryonic tion of medicines in the EU. What does the Commission’s And every time, she bemoaned, initial proposal say? problems were caused by ethi- The Commission’s proposal cal questions when in fact they clearly states that member are the responsibility of member states are free to decide, on eth- states under the subsidiarity ical grounds, which products principle. She also expressed are acceptable on their terri- her discontent that the regula- tory. Based on a formal opinion tion, much awaited by patients from the European Parliament’s and industry, intended to create Legal Affairs Committee, the a centralised procedure at EU ENVI Committee’s Amend- level for authorising gene and ment 62 clarifies this aspect cell therapies and tissue-engi- and guarantees that the regula- neered products which offer tion will fully respect national much hope in treating rare dis- legislation on ethical issues. eases is blocked. The vote is now scheduled for 25 April in Stras- The rapporteur highlights bourg and a change of tack is the responsibility of the Legal possible (see separate article). Affairs Committee. What extra MEP Grossetête: “Ethical rules should promote life with a capital L” responsibilities does it have When do you think this regu- compared to the ENVI Com- lation may finally become reality? stem cells. Amendments 3 and 17 pre- mittee? The decision taken by the rappor- vent countries from moving forward in For this dossier, the Conference of teur, Miroslav Mikolášik (EPP-ED, this promising scientific domain. And Chairmen decided to use the proce- Slovakia) to call an end to the negotia- what’s worse, they are creating a real dure of reinforced cooperation between tions with the European Commission danger for patients’ safety by excluding committees [Article 47 of the EP Treaty and the Council, on the grounds that certain products from the very strict - Ed.]. As a result, the Legal Affairs the ethical amendments have not been public health controls foreseen in the Committee gives its opinion, which sufficiently taken into account, implies regulation. As a result, the most sensi- can go directly to the plenary session. not only that agreement cannot be tive, complex and controversial prod- Unfortunately, in this Parliament there reached on first reading, but also given ucts are being thrown to the mercy is an escape route, which amounts to the usual delays, that it is unlikely to of un-harmonised standards that are not taking a decision. The rapporteur be adopted before at least a year. These sometimes not adapted to public health has thus returned to his starting posi- delays add to the already consider- requirements, as is the case in certain tion via a very indirect route. able delays caused by the fact that Mr member states. Mikolášik’s first report was rejected Is agreement with the two other in September 2006 by the Environ- Your group, the EPP, is very divided institutions still possible? ment, Public Health and Food Safety on these questions... We are working with Dagmar Roth- Committee, in itself an exception, Some members of my group, with Behrendt (PES, Germany), Adamos because the ethical considerations that their convictions, are not willing to Adamou (GUE, Cyprus) and Frédéri- it wanted to introduce were judged to vote in favour of research and a cen- que Ries (ALDE, Belgium), in devel- be unacceptable. It’s a real shame for tralised procedure which will guaran- oping a strategy to try and get a vote our institution, for patients who are tee the safety of patients. But others, that will get the agreement passed. It is waiting for the text to be given better Germans, Italians and Poles, backed by very unlikely that the European Parlia- access to treatment and for the Euro- MEPs from the enlargement countries, ment will get the Council to agree to pean industry, which can only develop are in favour of the ethical amend- much more than the text that was prac- once the regulatory framework has ments. I personally feel that ethical tically agreed in the technical compro- been adopted. rules should promote life with a capital mise package. n

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Open forum Do high excise duties on tobacco promote a ‘smoke-free Europe’?

By Spyros A. Pappas, Attorney at Law In fact, this very assumption is nowa- Austria’, 1955-1983, 1986) shows that a days being contested by expert centres, 1% increase in tobacco prices decreases In its Environment and Health Action such as the Austrian Nicotine Institute, tobacco consumption by 0.5%. Plan (2004-2010), the European Com- whose experts have been dealing with - Another recent study (Gallus: ‘Price mission committed itself “to encourage smoking prevention for more than thirty and cigarette consumption in Europe’, the restriction of smoking […] by published in 2006 at www.tobac- exploring both legal mechanisms cocontrol.com), which has been and health promotion initiatives at reviewing 86 different studies from both European and member state 52 European countries on price and level”. In pursuance of this commit- cigarette consumption, comes to a ment, a few weeks ago the Commis- similar conclusion: a 10% increase in sion presented its green paper for a the real price of cigarettes decreases ‘smoke-free Europe’ as one of the smoking consumption by 5-7%. priorities of the Commission’s public - And a recent Canadian study health policy. (Zhang et al: ‘The impact of tobacco Already today in line with this tax cuts on smoking initiation policy objective one substantial step among Canadian young adults’, has been taken by some member 2006) proves that in particular young states that support this EU goal. In people are sensitive to cigarette order to prevent in particular young prices and reduced cigarette prices people from smoking, Austria, lead to increased smoking initiation France, Ireland and Italy have intro- among young adults. duced a minimum retail price for cig- In the light of the above, the ques- arettes. However, the EU Commis- tion arises whether the European sion reacted by starting infringement Commission should, in the context proceedings against these member Spyros A. Pappas of the ‘Health in All Policies’ motto states, invoking the judgement in Case years, as well as by recent studies. One of of the recent Finnish EU Presidency C-216/98 (Commission v Greece [2000] them, published by KPMG in April 2006 and the recent evidence, read in a dif- ECR I 8921) and basically arguing that in Austria, concluded that increased ferent manner the invoked case law of the principle of free formation of prices taxation of tobacco products is not suit- the ECJ, reconsider its assumption on is limited. able to attain public health objectives the increased taxation of tobacco prod- More specifically, the Commission on the grounds that such means do not ucts and, instead, concede the mini- acknowledged that price and tax mea- avoid price dumping. As a matter of mum price of cigarette policy to those sures constitute effective means of reduc- fact, recent developments – such as in member states that consider it the most ing tobacco consumption but thought 2006 in Spain – show a new behaviour substantial means to pursue the goals that minimum prices were not neces- on tobacco markets. In order to keep up of their national health policy, while sary, since the public health objectives market shares, the tobacco industry does stimulating the other member states may be attained by increased minimum not always pass on tax increases to con- to also adopt similar measures? In this taxation of tobacco products. In other sumers. In other words, industry decides way, it would also be consistent with words, it based its legal conclusion on to rather minimise its profit than to raise the Recommendation of the Euro- the fact that the principle of free forma- cigarette prices according to tax levels. pean Council on Smoking Prevention tion of prices is limited by the imposition The financial source for price support (2003/54/EC) and the WHO Frame- of minimum retail prices on cigarettes is the money formerly earmarked for work Convention on Tobacco Con- on the assumption that the measure of advertising that has been shifted to other trol (ABL L213, dated 15 June 2004) increased taxation of tobacco products fields, as well as profits from other brands – that has been ratified by the EU and is effective. Is this assumption true? If or even other markets. its member states – which oblige EU not, then, according to the EC Treaty Moreover, long-term studies on smok- member states to introduce price mea- provisions (Article 95(3) and 152) and ing practices prove the interdependence sures for tobacco products. n the case law of the EU Court of Justice which exists between price increases and (C-376/98, Germany v EP and Council, the decrease of cigarette consumption: Attorney at Law Spyros A. Pappas is a [2000] ECR I 8419), public health con- - A 28-year survey on smoking prac- member of the Athens and Brussels Bars siderations should prevail over the prin- tices in Austria (Kunze-Wörgötter: ‘Ciga- and former director-general at the European ciple of free formation of prices. rette prices and cigarette consumption in Commission

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