ISSUE 33 OCTOBER 2009

IN THIS ISSUE:

News NEWS IN BRIEF Heads of Government Council Future of Caretaker Commission Heads of Government Council The Next Commission Heads of Government will meet in , Treaty of Lisbon: new roles 29 – 30 October 2009. The agenda will Programme focus on the Treaty of Lisbon and Other News implications for the institutions, climate

change and the financial crisis. Upcoming meetings & events Future of the Treaty of Lisbon Following events in Ireland and , the Contact details remains the only member state yet to ratify. The Euro-sceptic President Václav Klaus has indicated that he cannot sign the document until the Czech Treaty of Lisbon: new roles Constitutional Court has addressed all The Treaty of Lisbon will introduce two new outstanding issues. In addition, he roles; a permanent President of the introduced a new demand; a guarantee that European Council and a High Czech property rights will be protected. Representative for Foreign Affairs and Security Policy. The criteria for selection Caretaker Commission and the potential Candidates are In light of the Czech situation, options are considered in Appendix II. being explored to extend the mandate of the current Commission, and to mandate a new Stockholm Programme Commission under the Treaty of Nice. The Swedish Presidency of the Council has published its proposals in the field of The next Commission Freedom, Security & Justice, to be known The new College is expected to take office in as the ‘Stockholm Programme’ (16 January 2009. The likely candidate October 2009). The list of priorities is Commissioners are presented in Appendix I. considered in Appendix III.

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EU HEADS OF GOVERNMENT had decided that each Member State COUNCIL should have its own Commissioner, and Proposal the Council Secretariat was currently N/A ensuring that the decision was legally legitimate. Current status The Heads of Government summit will take place in Brussels 29 – 30 October Malmström stated that climate change 2009. would be the main issue at the European Council and she reported that the What’s happening? ECOFIN meeting of 20 October 2009 The Swedish Minister for European had included a long discussion on a Affairs Cecilia Malmström outlined the financing package but with no agenda for the upcoming Heads of resolution, necessitating a further Government summit during a plenary discussion at the summit. She also session in the (21 noted that the Environment Council (22 October 2009). The Minister said that October 2009) had agreed a further the agenda will focus on the future of reduction in emissions for airplanes the Treaty of Lisbon and the necessary (10%) and sea transport (20%) and insititutional changes, climate change recognised the importance of the and the financial crisis. inclusion of measures to reduce deforestation within a Copenhagen Treaty of Lisbon (see below for full agreement. discussion)

Malmström stated that only the Czech Financial crisis Republic had yet to ratify the Treaty, Malmström noted that progress had and that discussions in the Council would been made in setting up the body very much depend upon the situation in responsible for the supervision of the Czech Republic. financial markets (including three She stated that the Council will outline committees with responsibility for banks, the actions necessary to prepare for the securities and insurance respectively), entry into force of the Treaty of Lisbon. and a legislative proposal had been put A report on the situation would be forward by the Commission at the end of produced by the Presidency to describe September 2009. She stated that she the status of preparations. This report hoped agreement could be secured on will include a survey of Member States’ this issue by the end of 2009. views on the 'European External Action Service' (EEAS), its funding, legal status, FUTURE OF THE TREATY OF LISBON staffing, etc. A proposal on how the Proposal EEAS would function could then emerge The Lisbon (Reform) Treaty as soon as the Treaty enters into force, to be adopted by Council in the coming Current status months. Twenty-six of the twenty-seven member states have now ratified the Treaty of The Council would also look at how best Lisbon. The only obstacle to full to appoint the new Commission. ratification is the signature of the Czech Malmström confirmed that the Council President.

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What’s happening? spoke with President Some 67% of Irish voters supported the Klaus in an attempt to expedite the Treaty of Lisbon in the second process (7 October 2009). However, referendum on the Treaty staged by the the attempts failed when President Klaus country, paving the way for ratification announced that in addition to the (2 October 2009). Following this endorsement of the Constitutional Court endorsement, President Lech Kaczyński he would require a guarantee appended of Poland, representing one of the two to the Treaty to prevent the potential remaining EU member states not to have risk of ‘property’ claims by Germans ratified, signed the Treaty in a ceremony expelled from Czechoslovakia after in Warsaw (10 October 2009). World War Two (which form part of the Czech legal system known as the Beneš The moves in Ireland and Poland leave Decrees). The President of the Czech the Czech Republic the only EU member Republic has subsequently let it be state not to have ratified the document. known that such a feat could only Both houses of the Czech Parliament seriously be achieved by opting out of have endorsed the Treaty. However the Charter of Fundamental Rights (opt ratification of the Treaty must await the outs similar to those previously secured signature of the Czech President Václav by the UK and Poland). Klaus. The demand for additional A group of Euro-sceptic senators, close guarantees/opt outs at this stage has to President Klaus, laid two motions caused consternation in Brussels. before the constitutional Court of the Diplomats have stated that it is Czech Republic, questioning both the technically feasible for the Czech process whereby the chambers of the Government (not President Klaus) to ask Czech Parliament endorsed the Treaty, the EU’s 26 leaders to approve a and whether the Treaty is in conformity ‘political declaration’ which could be with Czech law. These motions have attached to the Treaty (which could provided President Klaus with a rationale happen at the upcoming summit, 29 – to delay signing the Treaty, with the 30 October 2009. (Such a declaration President declaring that the would avoid any possibility of re-opening constitutional process must be negotiations on the text of the Treaty completed before he can act. itself). However, the prospect of The first motion, asserting that the offering an opt-out on the Charter of process of endorsement of the Treaty in Fundamental Rights is less likely. the two chambers of the Parliament was Although the Czech Government not in conformity with Czech law was opposes the actions of President Klaus dismissed by the Court on 6 October and believes his fears to have no 2009. The first hearing on the second validity, the Czech Prime Minister Jan challenge is expected on 27 October Fischer has stated that an ad-hoc group 2009. will work ‘very hard’ on a text that would Such moves have resulted in much formalise any additional conditions. frustration in Brussels. In an endeavour Swedish Prime Minister Reinfeldt stated to apply pressure to the Czech that President Klaus informed him that President, the Swedish Prime Minister he, ‘must await the Constitutional Court

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process first, then he will clarify [the the uncertainties introduced by the wording of any required Czech issues, the Heads of Government guarantees/conditions]’. However, aide summit (29 – 30 October 2009) is to the President Ladislav Jakl stated expected to extend the term of the that, ‘The president will not be satisfied current Commission. Although the by any declaration, but only guarantees length of the extension remains unclear, for every citizen. For him, this condition it is likely to be extended until at least is fundamental, necessary, January 2010. It is also widely accepted unbreachable.’ that extending the mandate of the Commission could only be a temporary (A further development, following the solution. Czech Presidents suggestion of securing an opt out from the Charter of One option being explored in Brussels is Fundamental Rights, was voiced by the to opt for a Commission under the Slovak Prime Minister Robert Fico who Treaty of Nice (which stipulates that stated that, ‘Slovakia, like the Czech there must be fewer Commissioners Republic, is the successor of than there are member states). The Czechoslovakia, and the Beneš Decrees formula currently being discussed is are part of our legal system. The Treaty termed ‘26 + 1’, where 26 member of Lisbon cannot be allowed to give states would have commissioners while different legal certainties to two Javier Solana of Spain remains EU High successor states in respect of the Representative for Common Foreign & Decrees’ (18 October 2009). Security Policy. Talk of depriving the Consequently Slovakia might Czech Republic of a Commissioner is (reluctantly) follow the Czechs in their impossible, since the incoming College of demand of an opt-out from the Treaty of Commissioners requires the unanimous Lisbon’s Charter of Fundamental Rights). endorsement of the Council.

The matter will be discussed at the upcoming Heads of Government summit in Brussels (29 – 30 October 2009). THE NEXT COMMISSION Proposal N/A

CARETAKER COMMISSION Proposal Current status N/A Although there remains considerable uncertainty regarding the date when the Current status next Commission will take office, there is already significant speculation about the The uncertainties introduced by the Czech situation will necessitate revision composition of the new College. of the processes of establishing the next Commission. What’s happening? The selection of the new College of Commissioners is always a complicated What’s happening? The mandate of the current Commission political process, and will be more will expire on 31 October 2009. Given fraught this year because of the political issues outlined above. The current

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Commission will remain in office until at endorsement of the College takes place, least January 2010. early in the New Year.

The first opportunity for discussion on Details of possible change in the College the new Commission candidates will take of Commissioners are outlined in place at the EU Heads of Government Appendix I. meeting scheduled for 29 – 30 October 2009. The summit is expected to endorse the nominations from the TREATY OF LISBON: NEW ROLES member states. Thereafter Commission Proposal President Barroso will begin to construct The Lisbon (Reform) Treaty his College. There is expected to be a re-configuration of the portfolios, with a What’s happening? number of extant roles being If the Treaty of Lisbon comes into force, revised/eliminated and new roles being two new positions will be created; created. President of the European Council and High Representative of the Union for Before his reappointment, Barroso Foreign Affairs and Security Policy/Vice confirmed that he envisaged a President of the Commission. commissioner responsible for justice, fundamental rights and civil liberties, including citizens' and minority rights. ‘President of the EU’ In addition, Barroso said that he Article 9B of the Treaty of Lisbon details the role of the President: envisaged a Commissioner for Internal Affairs and Migration (separated from 5. The European Council shall elect its the current JHA role), and another for President, by a qualified majority, for a term Climate Action (which may include the of two and a half years, renewable once. In environment more generally within its the event of an impediment or serious scope). misconduct, the European Council can end the President's term of office in accordance There is also speculation about the with the same procedure. creation of a new role to lead EU 6. The President of the European Council: engagement with ‘Digital Issues’ to (a) shall chair it and drive forward its work; replace the current ‘information society’ (b) shall ensure the preparation and role. Given the serious economic issues continuity of the work of the European unfolding on a global scale, there is also Council in cooperation with the President of speculation on the creation of a role the Commission, and on the basis of the responsible for EU economic actions. work of the General Affairs Council; Finally there is talk of a Culture (c) shall endeavour to facilitate cohesion and consensus within the European Council, and; Commissioner, which may subsume the (d) shall present a report to the European current multi-lingualism portfolio. Parliament after each of the meetings of the European Council. Once the Commission President has decided on the allocation of portfolios, a The President of the European Council shall, series of hearings will take place in the at his level and in that capacity, ensure the Parliament (likely to commence in the external representation of the Union on first week of December 2009) with the issues concerning its common foreign and relevant committees interrogating the security policy, without prejudice to the Commissioners-designate before a final powers of the High Representative of the

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Union for Foreign Affairs and Security Policy. proposals to the development of that The President of the European Council shall policy, which he shall carry out as not hold a national office. mandated by the Council. The same shall apply to the common security and No details are included on how the defence policy. President should be chosen. As a result, 3. The High Representative shall preside there is much speculation on who will over the Foreign Affairs Council. secure elevation to the post, how such a 4. The High Representative shall be one post will interact with the existing of the Vice-Presidents of the structures, and on the scale and scope Commission. He shall ensure the of the role. consistency of the Union's external action. He shall be responsible within the Regarding the selection of a potential Commission for responsibilities candidate, it has been suggested that a incumbent on it in external relations and number of unwritten criteria may be for coordinating other aspects of the applied, including nationality, Union's external action. geography, size of home country, Just as with the role of President, the political affiliation, facility with High Representative must necessarily (with French & English being seen as meet the criteria outlined above. There essential), gender and track record on seems to be a demand within the centre European affairs. Other factors such as right groupings to secure a candidate for coming from a member of the Euro zone the role of the President and there is or the Schengen area are also thought strong speculation that the role of High to be determinants. representative will go to a socialist. Consideration may also be given to the political balance between the holders of the two new roles, the Commission ‘STOCKHOLM’ (JUSTICE) President and the political balance in the PROGRAMME European Parliament. Proposal

At present the potential candidates seem to fall into one of two groups, either high Current status profile, charismatic ‘leaders’ or low key, as President of the EU Council diplomatic ‘business managers’. published the first draft of the ‘Stockholm’ Programme, a new multi- High Representative for Foreign Affairs annual programme establishing general Article 9E of the Treaty of Lisbon details priorities and political goals in the area the role of the High Representative: Freedom, Security & Justice (FSJ) (16 October 2009). 1. The European Council, acting by a qualified majority, with the agreement of What’s happening? the President of the Commission, shall The current FSJ agenda, the Hague appoint the High Representative of the Union for Foreign Affairs and Security Programme, expires this year (2009). Policy. The European Council may end his In the summer, the Commission term of office by the same procedure. published a communication outlining its vision for the next five years in the FSJ 2. The High Representative shall conduct the Union's common foreign and security area (10 June 2009). (The policy. He shall contribute by his Communication can be read here).

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Affairs (LIBE), Legal Affairs (JURI) and The Commission proposal centred Constitutional Affairs Committees around 4 policy priorities: (AFCO) met to discuss the Stockholm • Promoting citizens’ rights (focusing Programme (a meeting to which primarily upon the Charter of members of national parliaments were Fundamental Rights and Data also invited) (8 October 2009). The Protection). three committees discussed a resolution • Making life easier (consolidating the on the Stockholm Programme that had EU justice area by the further been drafted by rapporteurs from each removal of barriers to the recognition of the committees. of legal acts in other member states, facilitating people’s access to courts, The joint resolution can be accessed improving certainties around here.

contracts and encouraging co- Although FSJ remains an issue reserved operation between legal to Council, if the Treaty of Lisbon is professionals. ratified the views of joint committees will • Protecting citizens (developing a carry greater weight under the domestic security strategy that Parliament’s new powers of co-decision. strengthens police co-operation, with greater efforts to combat organised The next joint meeting will take place on crime and terrorism). 12 November 2009, followed by the • Promoting a more integrated society Joint Parliamentary Meeting (JPM) with for the citizen (introducing a common national parliaments on 16-17 policy on immigration and asylum November 2009 and a plenary vote on which offers legal migrants a clear the resolution during the week of 23 and uniform status, and shares the November 2009. burden of hosting refugees). The programme is expected to be

adopted by the Council at the December Sweden, in its capacity as President of Heads of Government summit (17 – 18 the Council, published its draft December 2009). recommendations for the FSJ programme, to be known as the

Stockholm Programme (16 October OTHER NEWS 2009). The full programme can be Dairy farming. Following a series of accessed here. Details of the key protests on the streets of Brussels, the proposals are detailed in Appendix III has agreed to below. allocate an additional €280m to help The Council has now requested that the dairy farmers (19 October 2009). The Commission develop an action plan to proposed funding will come from the EU facilitate adoption and implementation of 2010 budget and will be distributed the Stockholm Programme during 2010. among member states according to their The Council also envisages a mid-term production within the limits of their review of the programme in June 2012. quotas. (The allocation has been strongly opposed by the UK In a related matter, a joint meeting of Government.) the European Parliament’s Committees on Civil Liberties, Justice and Home

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Mariann Fischer Boel, Agriculture Strategic Energy Technology Plan Commissioner stated that, ‘Member (SET Plan). The Commission published states have been plucking off my last proposals to fund the SET Plan (7 feather.’ She added, ‘There will be no October 2009). (Full details of the possibility for any delegation to come 2007 plan can be found here). The and ask for more money now. And I say financing plan, which was originally due this as I see some other sectors of out last year, was partly delayed due to agriculture facing some problems.’ the financial crisis.

Carbon Capture & Storage (CCS). The Commission has called for the The European Commission named six energy research budget to be increased CCS projects that will receive a share of to over €60b over the next ten years. the €1.05b of European funding (1 Full details of the funding proposals can October 2009). The selected be found here. The plan allocates: demonstration projects will receive o €6b for research into wind energy, funding to develop the technology used to help fund offshore to trap CO2 emissions from power plants developments where winds are and industrial installations burning fossil stronger fuels. The Hatfield power plant in the o €16b for research into solar north of England secured funding while energy to help develop new Scotland’s Longannet project did not. photovoltaic concepts and large

Hatfield, together with Vattenfall's industrial concentrating solar Jaenschwalde plant in Germany, power Endesa's Compostilla plant in Spain, the o €9b for research into bioenergy Maasvlakte plant in the and o €2b for research into the Belchatow in Poland will each receive up integration of renewables into the to €180m, while Porto Tolle in will network €2b for research into electricity receive €100m. A French CO2 transport o project was dropped from the list as it grids to ensure that half of the did not meet all the requirements. networks can operate along a ‘smart grid’ principle The proposals will now go before the o €13b has been allocated for CCS European Parliament for endorsement. demonstration projects (see above) EIB energy loans. The European o €7b has been allocated to nuclear Investment Bank (EIB) awarded its first research to put the ‘fourth loan of €110m to the Ireland-UK generation’ into operation interconnector, which will see a cable o €11b will be allocated to the laid between Ireland & Wales (28 'Smart Cities' project to address September 2009). The cable will issues of energy efficiency. connect the Irish electricity grid with the (Between 25 and 30 cities are to rest of Europe and help secure Ireland’s be upgraded with low-carbon energy supply as well as facilitate houses and transport so that they competition. The interconnector, which emit 40% less greenhouse gas will cost around €601m in total, is due to emissions in 2020 than they did in be completed in 2012. 1990).

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Integrated Pollution Prevention and (9 October 2009). A number of issues Control (IPPC) Directive. The original emerged including the importance of the 1996 Directive introduced a permit principle in addressing system to prevent/limit pollution from national infrastructure planning and large-scale industrial installations. financing, the need to develop a ‘viable Following concerns about widespread and sustainable financing mechanisms manipulation of permit allocation by for new infrastructure’, the different national authorities, the directive is situation of the new member states, and currently undergoing revision. The the need for better integration of all revised directive combines seven modes of transport. existing EU air pollution laws, and will The Transport Council is expected to tighten permit requirements and adopt conclusions on the future of introduce new national ceilings for NOx, transport at its 17 – 18 December SO2 and dust. 2009 meeting.

The Parliament adopted a first-reading position (10 March 2009), which Financial crisis – Parliament inquiry. sought to introduce a ‘safety net’ The European Parliament has instituted involving legally-binding minimum a new committee to investigate the emission limit values in order to avoid financial crisis (15 October 2009). widespread exemptions. Political Details of the committee including its agreement was reached on the Directive terms of reference can be accessed in Council (25 June 2009), providing here. The chair of the Committee is national authorities a transitional period Wolf Klinz MEP. The committee will have for implementing the directive (up to no legislative locus but will make 2020). recommendations to the European

The Environment Committee of the institutions at the end of its 12-month Parliament is currently debating whether mandate. Klinz has said that the committee will attempt to draw on a CO2 should be added to the list of spectrum of views and would not allow pollutants (CO2 pollution is currently controlled via the EU itself to be influenced only by ‘so-called Scheme, EU-ETS). The rapporteur on financial experts or representatives of financial institutions’. the directive, Holger Krahmer MEP, is troubled by this proposal, believing that Financing climate change. EU it would introduce conflict with the EU Finance Ministers were unable to reach ETS, and almost certainly be vetoed by agreement on how much funding should Council. be provided to developing countries to help them address climate change issues Spain hopes to conclude the debate on (22 October 2009). The issue is likely the IPPC directive during its Presidency to be one of the most important of the Council (Jan – Jun 2010). addressed during the UN Climate

Change Summit scheduled for EU Transport policy. Following the December 2009. The issue will now be publication of the Commission’s vision discussed by the EU Heads of for EU transport post 2010 (25 June Government at their autumn summit 2009; which can be accessed here), the (29 – 30 October 2009). Transport Council held its first discussion

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Fisheries Control Regulation. The Fisheries Council reached agreement on the Fisheries Control Regulation (19 – 20 October 2009). It will now come into force on 1 January 2010. Delays have been agreed for a number of articles to enable Member States to be fully prepared to implement all the measures. Ministers resolved the final outstanding issues, including greater harmonisation of sanctions, a new penalty points system, a payback system for overfished quotas and provisions to allow for the suspension of Community assistance in the event of non-compliance by Member States with the agreed control provisions. Furthermore, it was agreed that, for now, recreational catches will not be counted against national quotas.

The new fisheries points system works much like the system of points on a driving licence. For each offence, fishermen gain points (e.g. using small- mesh nets to trap extra fish or fishing in closed seasons). Once a certain number of points have been acquired the fishermen would lose their right to fish in EU waters for a given period. After five serious infractions, fishermen would risk losing their licences permanently.

The control regulation also reduces the margin fishermen are given for over- fishing from 20% to 10%.

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Appendix I Potential changes in the College of Commissioners

Intelligence obtained from coverage reported in the European Voice and the EU Observer, in Brussels.

Country Current Potential changes Commissioner Austria Benita Ferrero- Ferrero-Waldner is not expected to be re-appointed. Waldner The favoured candidate is Wilhelm Molterer (former Finance External Relations Minister) & European

Neighbourhood The relationship between this portfolio and the soon to be Policy established position of High Representative for Foreign Affairs and Security Policy remains to be clarified.

Belgium De Gucht expected to be re-appointed.

Development & Not expected to retain portfolio. Humanitarian Aid Kuneva will stand down. Her replacement will be Roumyana Zheleva (current Foreign Affairs Minister). Consumer Protection Vassiliou is expected to be re-appointed, and is expected to retain portfolio. Health Czech Vladimír Špidla The Czech Government is expected to withhold the name of its Republic candidate until after the June 2010 elections. Employment, Social Affairs & Špidla may be re-appointed, although there are other candidates Equal including Stefan Fule (Minister for European Affairs). Opportunities Denmark Mariann Fischer is to stand down. Boel Potential Danish candidates include Birthe Rønn Hornbech Agriculture & Rural (current Immigration Minister), Ulla Tørnæs (Minister for Development Development Co-operation, and Eva Kjer Hansen (Agriculture Minister).

Romania has expressed a strong interest in this portfolio. Estonia Re-appointed by the Estonian government (17 September 2009). Vice-President

Administrative Expected to retain portfolio. Affairs, Audit & Anti-Fraud Finland Rehn has been re-appointed by Finnish Government

Enlargement Not expected to retain portfolio. Barrot, despite announcing his willingness to serve another term, is likely to be replaced by current French Agriculture Minister Vice-President (EPP). Justice, Freedom The Netherlands has already begun to lobby to secure one of the and Security reformed justice portfolios

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Germany Günter Verheugen Verheugen has served two terms and will step down.

Vice-President Potential candidates from Germany include CDU General Enterprise and Secretary Peter Hintze and European Socialist group leader in the Industry European Parliament (PES). Dimas may be re-nominated by Greece, although change in Government in may bring forward a socialist candidate Environment (e.g. MEP).

Dimas has expressed an interest both in returning and retaining the environment portfolio. Hungary László Kovacs Kovacs is not expected to be re-appointed.

Taxation & Two Hungarian candidates have emerged Gábor Iván, (currently Customs Union responsible for the preparations for Hungary's EU presidency in 2011) and János Veres (former finance minister). Ireland Charlie McCreevy McCreevy has announced that he will stand down.

Internal Market & A number of Irish candidates have emerged including former PM Services John Bruton, former President of the European Parliament Pat Cox, and serving ministers Mary Harney, and Noel Dempsey.

France has expressed a strong interest in securing the portfolio. Italy Tajani is expected to be re-appointed.

Vice-President Expected to retain portfolio. Transport Latvia Piebalgs is expected to be re-appointed although he is unlikely to retain his portfolio. Energy The relationship between the energy portfolio and the new Climate action brief remains unclear. Lithuania Algirdas Šemeta Šemeta recently replaced Dalia Grybauskaité (after she became President of Lithuania). She is expected to be re-appointed and Financial to retain her portfolio. Programming and Budget Reding is expected to serve for a third term.

Information Expected to retain reformed ‘digital’ portfolio. Society & Media Commissioner Borg has expressed interest in securing re-appointment, and would be expected to retain portfolio. Maritime Affairs & Fisheries Netherlands Kroes is not expected to be reappointed.

Competition Dutch candidates include Hirsch Ballin (Justice Minister), (Finance Minister), Cees Veerman (former Agriculture Minister, (current Agriculture Minister), Yvonne van Rooy (former Secretary of State) and Clémence Ross (former Secretary of State)

Netherlands is not expected to retain the portfolio.

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Poland Pawel Samicki Pawel Samecki was recently appointed to fill vacancy following election of Danuta Hübner to the European Parliament. Regional Policy Likely Polish Commissioner-designate to be MEP of the ruling Civic Platform party. Portugal José Manuel Reappointed Barroso

President Romania Orban will stand down. His replacement is to be Dacian Ciolos (former Agriculture Minister). Romania is expected to push hard to gain the Agriculture portfolio. Slovakia Ján Figel Slovakia has nominated its Permanent Representative to the EU Maroš Šefčovič to succeed Figel. Education, Training, Culture & Youth Slovenia Janez Potočnik Potočnik is expected to be re-appointed. He may retain his portfolio Science & Research Spain Joaquín Almunia There is speculation that Almunia will return to Spain to become finance minister. Economic & Monetary Affairs Spanish MEP López Aguilar, (chair of the Civil Liberties Committee) may emerge as Spanish Commissioner. Sweden Margot Wallström Wallström has served two terms and will step down.

Vice-President Potential candidates from Sweden include Gunilla Carlsson (Current Minister for Development Co-operation), Cecilia Institutional Malmström (current Minister for European Affairs) and Relations and (former Swedish PM). Communication Strategy Gunilla Carlsson is being strongly touted as the new development commissioner. UK Ashton is expected to be re-appointed.

Trade Suggestions that Geoff Hoon MP might be appointed seem to have faded.

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Appendix II Potential candidates for President of the European Council

Bertie Ahern Paavo Lipponen Former Irish PM Former Finnish PM Mary Robinson Dutch PM Former President of Ireland Tony Blair Wolfgang Schüssel former British PM, Former Austrian Chancellor current Middle East Peace Envoy Felipe González Former Spanish PM Former Belgian PM Jean-Claude Juncker Luxembourg PM

Appendix III The Stockholm Programme: priorities

FUNDAMENTAL RIGHTS General principles • Proposal on the accession of the EU to the European Convention on Human Rights. • Strengthen methodology for systematic monitoring of compliance with the Convention and the Charter of Fundamental Rights.

Racism & Xenophobia • report on the transposition of the 2008 Framework Decision on racism and xenophobia (by 28 November 2013). • ensure financing programmes are utilised to combat racism and xenophobia. Victims of Crime • Proposal on a strategy to ensure fulfilment of the rights of and improve support for persons who fall victim to crime. • Proposal on the protection of the rights of the individual in criminal proceedings. Protection of Personal Data • Proposal for further legislative and non-legislative initiatives to maintain the effective application of data protection regime in the EU. • Explore possibility of introducing a European certification scheme for ‘privacy-aware’ technologies, products and services. MUTUAL RECOGNITION Criminal law • Proposal for a comprehensive legal instrument to replace all the existing instruments in the area of mutual recognition of judgements and decisions of a judicial nature, including the Framework Decision on the European Evidence Warrant (covering all types of evidence, including orders to hear persons by means of videoconferencing) and containing deadlines for enforcement and limiting the grounds for refusal. • Explore the use of disqualification in Member States and introduce a proposal for a programme of measures. • Launch preparatory work on model standard provisions in criminal law, to include general criminalising principles. • Explore possibility of using the existing programmes to finance pilot schemes in the Member States to test alternatives to imprisonment. (cont’d)

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• Proposals for improving the efficiency of the enforcement of judgements regarding bank accounts and debtors’ assets (based on 2006 & 2008 Green Papers). • Proposal on combating sexual abuse, sexual exploitation of children and child pornography.

Civil law • Assess whether the safeguards required to accompany the abolition of exequatur need to be streamlined and whether there are grounds for simplification. • Report on the functioning of the EU procedural law across borders, and thereafter adopt a proposal to ensure Community-level consistency. • Establish a set of standard rules of civil procedure on matters such documents, the taking of evidence, review procedures and enforcement, appropriate. Communication • Implement an e-Justice action plan. • Facilitate electronic communication of legal proceedings, e.g., standard forms available through the e-Justice portal. • Examine possibility of dispensing with the formalities for the legalisation of authentic documents between Member States. Training • Ensure that at least half of EU judges and prosecutors have by 2015 participated in a European training scheme or an exchange with another Member State. Implementation • Develop Handbooks on the use of mutual recognition instruments, with the aim of having a handbook for each of the instruments adopted by the end of the five-year period. SECURITY Internal Security • Define and codify a comprehensive EU internal security strategy. • Adopt an EU information management strategy. • Promote legislation that improves network security and allows faster reactions in the event of cyber-attacks. • Develop a Police Co-operation Code which would consolidate and simplify existing legislation. • Proposal on combating trafficking in human beings and protecting victims. • Establish an EU anti-people trafficking co-ordinator. • Proposals to protect and help victims of trafficking. • Develop an Immigration Code. • Continue to develop sensible and sensitive measures to address issues of asylum. Economic Crime • Enhance the capacity for financial investigations and combine all available instruments in fiscal, civil and criminal law. • Improve the fight against money laundering. • Improve the prosecution of tax evasion and private corruption and the misappropriation of funds. Drugs • Developing a successor to the current EU Drugs Strategy (2005-2012).

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UPCOMING

EVENTS &

MEETINGS

November 2009 December 2009 10 ECOFIN (Finance) Council 1 Visit of the Scottish First 11 – 12 European Parliament mini- Minister and Europe Minister, plenary and St Andrews day Reception 18 – 20 E-government (informal 1 JHA Council Council) 2 -3 Committee of the Regions 19 – 20 Agriculture & Fisheries Council Plenary Session 20 ECOFIN Budget consideration 3 – 4 Competitiveness Council 23 – 27 European Parliament plenary 7 Energy Council session 8 ECOFIN (Finance) Council 26 – 27 Education, Youth & Culture 10 -11 Transport Council Council 14 – 15 Agriculture & Fisheries Council 30 Justice & Home Affairs Council 14 – 17 European Parliament plenary 30 – 1/12 Visit of the Scottish session Parliament’s European & 17 – 18 Heads of Government Council External Relations Committee 21 Environment Council

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CONTACT DETAILS

Dr Ian Duncan Rond Point Schuman 6 B – 1040 Bruxelles

Tel: 0032 2282 8377 Fax: 0032 2282 8379

Email: [email protected]