Transport Council 2010 budget Treaty of Lisbon Political agreement on rights of COBU wraps up its first reading New blocking manoeuvre by ship passengers Page 6 Page 9 Vaclav Klaus Page 10 EUROPOLITIcs

The European affairs daily Monday 12 October 2009 N° 3836 37th year

Focus Energy efficiency Commission to call for Warning to Turkey obligatory reductions

The is preparing By Dafydd ab Iago paigns. Sixthly, new measures in the field to admonish Turkey, whose EU acces- of behaviour and education should induce sion negotiations are already at a stand- According to drafts obtained by Europoli- cuts in energy use more generally at con- still, over fundamental rights. tics, the European Commission is now set sumer and company level. Finally, ongoing As every year since the start of the to call for obligatory targets for energy effi- and intensified EU international coopera- accession talks in 2005, the EU’s execu- ciency. The Commission notes that, whilst tion must boost energy efficiency. tive will adopt a report, on 14 October, energy consumption, thanks to new energy that reviews the progress of reforms in policies, is forecast to stabilise by 2020, the Nature of the obligatory target Turkey and singles out infringements of EU will nonetheless not meet its 20% reduc- The centrepiece in the Commission’s new fundamental rights, diplomatic sources tion targets over 2005 consumption figures. approach is the claim that existing indicative told Agence France Presse on 9 Octo- The 20% indicative reduction target was set targets for member states contained in the ber. at the EU Spring Council in 2007. With Energy Services Directive (2006/32/EC) «It will be quite negative on freedom of current legislation in place, the Commis- have not succeeded in putting the EU on the press, with a section on the Dogan sion now only expects a reduction in energy track to meet its 20% energy efficiency goal. case [the leading private press group in consumption of 8.5%. A reduction of only “It is appropriate to complement the exist- Turkey that was recently slapped with 11% will be achieved in 2020 if one takes ing legal framework with binding targets on a tremendous fine],» said a diplomat. into account new additional measures such energy efficiency, in line with the already «The Commission will also take Turkey as the expansion of the EcoDesign Direc- agreed 20% objective,” reads the Commis- to task over freedom of religion, honour tive to cover energy-related, in addition to sion’s communication. crimes and failure to respect certain energy-using, products. The Commission thus intends to come fundamental rights,» added the source. forward with a directive providing for a On the other hand, it will opt for appease- Seven measures for efficiency binding obligation on member states in ment on the Cypriot issue, out of fear of In its communication, possibly to be pub- line with the already existing goal of reduc- compromising the delicate talks under- lished at the end of October or in Novem- ing energy consumption by 20%. Such a way between Turkey and Cyprus. ber, the Commission is due to propose seven directive would, however, only come after The report will also give Turkey full measures. First and foremost, the EU should further assessment of its impact. The legis- marks for «certain democratic overtures set legally binding energy efficiency targets lation would also be assessed to ensure that such as authorisation of a Kurd televi- for member states. Secondly, a European obligations are designed in a manner that is sion channel,» noted a diplomat. Building Initiative must lead to the refur- compatible with the effective operation of The Commission is also expected to bishment of 15 million buildings by 2020. the EU’s Emissions Trading Scheme (ETS) «welcome Turkey’s rapprochement with Thirdly, a Smart Cities initiative should and the effort sharing decision for the non- Armenia». The two countries are set to cut energy use in urban areas1. Fourthly, ETS sector. sign agreements normalising their bilat- energy savings in the utility sector must be eral relations on 10 October in Zurich, achieved, forcing power companies to cut Absolute or relative reductions Switzerland. consumer and own energy consumption. The Commission’s communication goes Fifthly, the Commission is calling for sav- on to note that a legally binding target for ings from SMEs via awareness raising cam- energy efficiency (continued on page 00)

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Contents N° 3836 Top Stories Transport Council 2010 budget Treaty of Lisbon Political agreement on rights of COBU wraps up its first reading New blocking manoeuvre by ship passengers Page 6 Page 9 Vaclav Klaus Page 10

Sectoral policies Institutions People...... 13 Energy efficiency: Commission 2010 budget: COBU wraps to call for obligatory reductions...... 1 up its first reading...... 9 In Brief ICT & energy efficiency: Commission Treaty of Lisbon: New blocking Road transport: EU takes calls on ICT sector to cut energy...... 5 manoeuvre by Vaclav Klaus...... 10 Greece to court...... 14 Agriculture: Milk proposals in EU anti-death penalty push...... 14 preparation for Agriculture Council...... 5 Enlargement Belgium’s ‘must-carry’ rules...... 14 Transport Council: Political EU/Serbia: Commission proposes Maritime safety: court agreement on rights of ship passengers...... 6 200 million euro loan for Serbia...... 10 action against Italy...... 14 Transport: Commission facilitating Acquisition of LS Power Semitech ...... 14 access to the Marco Polo programme.....6 External relations French savings books...... 14 Baltic region: OPS for EU/Western Balkans: Negotiating sustainable port development...... 7 brief for road transport agreement...... 11 EU Agenda...... 14 Consumers: Loopholes in EU/US: «We have to be pragmatic,» implementation of ‘consumer’ directives... 8 says US Ambassador-designate...... 11 Court of Justice: Main Cases Agri-food: Infringement Climate change: Commission and A selection of cases before the Court proceedings against six countries...... 8 China clash in public of Justice and Court of First Instance, over climate change...... 12 for the week of 12 October...... 24 Social affairs EU/Somalia: PSC ambassadors head Anti-discrimination: Infringement to Djibouti to assess Somali mission...... 12 cases against several member states...... 8 EU/Mediterranean/Gulf: Commissioner wants transparent Med green energy market...... 13

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Energy efficiency ings by 2020, if fully implemented in all nies, even if best placed to help households (continued from page 1) member states, the EBI could, according to and SME’s reduce energy consumption, the Commission, lead to primary energy sav- have very little direct economic incentive. could be sector specific, for example, lim- ings of 37 Mtoe. This represents a reduction Utilities would sell less energy. The ETS ited to buildings or “eventually” transport. of CO2 of the order of 66 MtCO2, equiva- scheme, in the Commission’s view, also only Hedging their bets, DG Transport and lent to the annual primary energy needs of partially addresses this problem. The Com- Energy notes, however, that it could also Austria and Cyprus together in 2006. mission would thus like all member states be general in scope and cover the whole The EBI, the Commission notes, would to copy a number of countries, notably the economy. require a series of changes in current UK, Italy, France and Denmark as well as The Commission adds that the impact policy. A National Energy Efficiency Fund the region of Flanders, that have introduced assessment would settle the question as to (NEEFs) in each member state should help obligations for energy companies to invest in whether to introduce specific or overall finance and provide expert support for build- energy efficiency via so-called ‘white certifi- targets. The impact assessment should also ing renovation. Such an initiative could be cates’ (energy reduction obligations). look at the need for burden sharing mea- a binding obligation on member states or The Commission intends to propose a sures that adapt the target to each member a “political” commitment. Finance for the directive forcing member states to intro- state. Another important issue will be NEEFs, writes the Commission, ought to duce minimum obligations as regards whether to establish a target on the basis come from public and private sources but national schemes promoting investments of a physical limit on the energy that each would not create a need for additional taxes in savings by the energy industry. A stronger member states could emit by 2020 or a levied by states. regulatory framework could also force the target based on energy savings compared to Other funds would be gathered from the use of combined heat and power genera- its projected energy consumption. European Regional Development Fund tion (CHP) in new power plants as well as (ERDF), revenues from auctioning ETS priority access to the grid for CHP. National Refurbishing 15 million buildings allowances as well as a dedicated EC/EIB energy regulatory authorities, too, should An additional central point is the Com- joint risk-sharing instrument2. The Com- have a clear and specific legal obligation mission’s call for refurbishing 15 million mission also sees the need for awareness to take due regard of energy efficiency in buildings in the EU by 2020. Some 40% building measures and technical assistance. their decisions and monitoring. The Com- of the EU’s total final energy consumption The Commission further airs the idea that, mission is further considering the need to and CO2 emissions come from buildings from 2020, all EU member states might take additional legislative action in order The cost-effective energy savings potential be required to refurbish buildings that fall to push the roll-out of smart meters that of buildings is estimated by the Commission within the two bottom categories of the enable consumers to save energy. n at around 30% - the highest in all end-use Energy Performance Certificate (2002/91/ sectors. The Commission thus promises EC). (1) This would select some 30 or so cities for to launch a European Building Initiative extra EU funding to enable energy cuts with (EBI), supported by the European Invest- Savings in the power sector programmes such as refurbishment, heating and ment Bank (EIB), the European Bank for The Commission has also dared to touch cooling, smart grids, metering, and renewables. Reconstruction and Development (EBRD) on the issue of forcing energy savings in the (2) The Commission notes that the next Financial and other banks. utility sector. The communication notes Perspective 2013-2019 would need to indicate Aiming to refurbish some 15 million build- that Europe’s gas and electricity compa- appropriate funding.

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ICT & energy efficiency Commission calls on ICT sector to cut energy

By Dafydd ab Iago to overtake the EU’s own 2020 targets to make better use themselves of ICT tools (-20%) by 2015. for energy simulation and modelling. This Following months of consultation, the would include training of professionals in Commission, on 9 October, finally issued ICT’s bold energy efficiency targets by buildings, transports and logistics sectors its recommendation calling on the infor- 2011 and the inclusion of more energy efficient mation and communication technologies The Commission urges the ICT sector to technology as part of public procurement (ICT) industry to outline, by 2011, how adopt new «bold» energy efficiency targets programs. it will become 20% more energy efficient by 2011. Additionally, EU countries should The Commission argues that an improved by 20151. In March 2009, the Commis- agree on common specifications for smart use of innovative ICT solutions can lead to sion issued a communication and initi- metering by the end of 2010. This would be substantial savings. One example given is ated a consultation process. Using ICT followed by a time-frame for the roll out of that if Europe replaced only 20% of all busi- equipment and services intelligently smart metering in households to be agreed ness trips by video conferencing, this would could save 15% in total carbon emissions upon at the latest by the end of 2012. save over 22 million tons of CO2 per year. by 2020, the Commission argues. It could Announcing the recommendation, the Speaking in July 2009, Reding was already be especially helpful in energy-intensive EU’s Commissioner for Information Society warning the ICT industry that it would have sectors such as buildings, transport and and Media added a call for to step up its efforts. «Digital Europe cannot logistics. more public-private partnership initiatives afford to turn a blind eye to its ecological The recommendation calls upon the between the ICT industry and defined stra- potential, which in turn can open up new ICT sector to agree on common method- tegic sectors. Particular sectors identified are business opportunities for European ICT ologies for measuring energy consump- buildings, transport and logistics. Here, says companies,» said Reding. n tion and carbon emissions by 2010. More Reding, energy efficiency through the use of reliable data should enable more ambi- ICT is still largely untapped. The recommendation is available at: www. tious sector targets for energy efficiency The Commission goes on to call for europolitics.info > Search > 258156 and emission cuts by 2011. The Com- public administrations of EU member (1) For a more in-depth overview of the mission also wants these sector targets states at national, regional and local levels Recommendation, please see Europolitics 3834)

Agriculture Milk proposals in preparation for Agriculture Council

By Luc Vernet clause» should be applied to the dairy sector. that member states be given a greater margin This clause, which already exists for other for manoeuvre to provide financial assistance Despite the crisis meeting of the Agri- agricultural sectors, will, in future, allow the to farmers from their own funds. The ceil- culture Council - organised on 5 October EU executive to intervene more speedily in ing for state aid, which is strictly monitored under pressure from France, which was anx- the event of a crisis. The Commission also in order to avoid distortions of competition ious to send a « political signal « to angry between the various EU countries, may now milk producers (see Europolitics 3833) rise to up to 15,000 euro. - the European Commission is staying the The Commission proposes With regard to EU member states which course. Agriculture Commissioner, Mari- to allow member states to are calling for greater Community funds to ann Fischer Boel, presented - on 9 October, finance the restructuring deal with the crisis, the Commission once as planned - her proposals aimed at helping again recalls that 600 million euro in aid has the dairy sector to overcome the difficulties of the dairy sector by already been granted to the sector, in par- it has been experiencing for several months, means of a «super-levy» on ticular via market intervention measures. It without however calling into question the producers exceeding their revealed that, on 19 October, EU ministers gradual liberalisation of this sector. The grad- quotas are due to agree to extend the intervention ual liberalisation process was set in motion period. following the Common Agriculture Policy Furthermore, the EU executive indicates (CAP) health check adopted in Novem- proposes amending the quota mechanism that a way out of the crisis is emerging. The ber 2008. These formal proposals, already for the 2009/2010 and 2010/2011 cam- average price of a litre of milk since the widely referred to in mid-September (details paigns, in order to allow member states to month of July and August has increased to in Europolitics 3820), will be examined by finance the restructuring of the dairy sector between 25 and 26 cents, even going as high European agriculture ministers during their by means of a «super-levy» to be imposed on as between 27 and 28 cents, i.e. a level close habitual monthly meeting, which will take producers exceeding their quotas. to the profitability threshold for most farms, place in Luxembourg on 19 October. Lastly, the Commission confirmed its this ceiling being set at around 30 cents by It has been proposed that the «emergency intention to propose, over the coming days, Commission experts. n

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Transport Council Political agreement on rights of ship passengers

By Isabelle Smets delay of more than two hours, the carrier covered by the regulation. During a two- must offer free snacks, meals or refresh- year transitional period, ships with reg- Passengers travelling by sea and inland ments plus accommodation in certain istered tonnage of less than 300 tonnes waterway who face delays or cancellation cases if required by the length of the delay. – which corresponds more or less to ships should in future be able to rely on a new The passenger may also choose to have that can carry 350 passengers – would not EU regulation that guarantees their rights the cost of the ticket reimbursed. be concerned either. to compensation and assistance. Meeting The ministers also agreed that there in Luxembourg on 9 October, the EU’s would be no entitlement to accommoda- transport ministers sealed a political agree- The challenge in tion in the event of poor weather condi- ment on a legislative proposal along these Luxembourg was to tions. Such an exemption is specific to lines, presented by the European Commis- strike a balance between maritime transport - it does not exist in sion in December 2008 (COM(2008)816). the other passengers’ rights regulations. The text also lays down rules on the assis- passengers’ rights and Several delegations are nevertheless con- tance to be provided to mobility-reduced the costs for shipping cerned that shipping firms will end up or disabled persons in ports, on embarka- companies paying excessive amounts because the tion and on board ships. number of ship passengers can be very The measure will close a major gap high (several hundred for small ships and because, unlike air and rail transport, up to 7,000 passengers on large ferries). EU law currently makes no provision for Exemptions for SMEs Without an exemption, there is a danger assistance for ship passengers faced with The challenge in Luxembourg was to that a ship may decide to leave port even delays or cancellations, or for disabled strike a balance between passengers’ rights in very poor weather conditions to avoid passengers. and the costs for shipping companies. having to accommodate passengers at the In case of delay, the text on which the This was done by precisely defining the company’s expense. ministers agreed provides that passengers circumstances in which the new rights A general exemption is also provided for may be compensated the equivalent of 25 will apply. Many shipping companies are cases where the passenger is informed of or 50 per cent of the price of the ticket, small or medium-sized and may have a the delay or cancellation before buying a according to the length of the delay and hard time taking on the cost of the new ticket and where the delay or cancellation the initial duration of the travel. A recital rules. The states therefore agreed on cer- is the passenger’s fault. (11) expressly states that such compensa- tain exemptions. Only passenger ships will be concerned, tion is also due for cancellation, although The regulation would not apply to ships for travel between two EU ports or, pro- the body of the text is less clear. Experts carrying fewer than 36 passengers or with vided the service is operated by an EU car- confirmed that this would be the case fewer than four crew members. Short-dis- rier, for a trip that begins outside the EU (which would be logical compared with tance services (less than 500 metres per but ends in a member state. legislation on air and rail transport). trip) and tourist excursions or visits would The regulation is to come into force In case of cancellation of departure or a also be exempted, but cruises would be three years after its adoption. n

Transport Commission facilitating access to the Marco Polo programme

By Sophie Petitjean tenders at the start of next year. Modal encourage more sustainable modes shift will also be extended to empty con- of transport, such as rail, maritime or The European Commission has, on 9 tainers and transport vehicles if they are inland waterway transport. With these October, adopted new rules designed to effectively taken off the roads. changes, the Commission hopes to make it easier for companies to take part The successor to the PACT (Pilot increase the programme’s attractiveness in the Marco Polo programme, which Actions for Combined Transport), for enterprises. supports sustainable transport projects. Marco Polo aims to bring about a shift to The Marco Polo budget has seen its A reduction in the period running from another mode of transport or to limit the budget increased fourfold for the 2007- the day of application to the signature of projected increase in international road 2013 period to €450 million. “If no the grant agreement, a general reduc- transport, estimated at 20 billion tonne- decisive measures are taken,” warns the tion of minimum thresholds for eligible kilometres a year. Commission, “road transport of freight projects and more flexible deadlines In practical terms, the programme is expected to increase by around 50% in for completion of project objectives are provides a framework for the grant of the European Union by 2010 and cross- some of the changes that are expected financial support to projects designed border traffic to double by 2020”. n to enter into force with the next call for to reduce congestion on roads or that www.europolitics.info Sold by subscription only © reproduction strictly prohibited in any language EUROPOLITICS N° 3836 Monday 12 October 2009 

Baltic region OPS for sustainable port development

By Manon Malhère example by fitting all cruise ships with dioxide and benzoyl peroxide de Ben- wastewater treatment systems. Lastly and zoyl, have dropped by more than 70%. The Baltic region aims to become a most importantly, the plan aims to facili- On top of this first environmental advan- model in terms of sustainable mari- tate onshore power supply in all Baltic tage comes the economic advantage: as time policy. Its regional authorities are region ports by 2015. fuel prices continue to rise, “using OPS planning to share their experiences and can be less expensive for ships”, explains promote best practices, such as onshore Giercke. In addition, the power supply is power supply (OPS). The use of OPS is not quiet, by contrast to the noise and vibra- Initiated by the Baltic Sea States Sub- enough on its own and tions caused by auxiliary diesel engines. regional Cooperation (BSSSC), a politi- The use of this new technology never- cal network of regional authorities in the must be combined with theless runs into certain obstacles. The Baltic Sea region, Clean Baltic Shipping other practices use of OPS only offers environmental is an action plan that will be developed as benefits when the ship is docked and not part of the European Union’s Baltic Sea when it is at sea. Strategy. For Stefan Musiolik, a member Onshore Power Supply (OPS), also Consequently, while this new practice of BSSSC and head of the Department known as ‘cold ironing,’ is a high-volt- unquestionably contributes to sustain- for Baltic and North Sea Affairs at the age power supply system for docked ves- able port development, it is not enough Ministry for Justice, Employment and sels that replaces electricity supplied on its own and must be combined with Foreign Affairs of Schleswig-Holstein (a through on-board electricity generation other practices. German Land), “the idea is to combine systems powered by highly polluting The experts also note a technical prob- our strength, to work together to develop diesel engines. The connection opera- lem concerning compatibility between sustainable maritime traffic and sustain- tion is easy and takes only minutes. The the electrical frequency produced by able port development”. ship simply has to hook up to the power land-based supply and the frequency In practical terms, the Clean Baltic supply using a connector and specific used by ships and they also emphasise Shipping programme involves five areas cables. the potential danger of manipulating of action. It aims to bring into general This measure is relevant and innova- high-voltage cables. use the policy of environmentally dif- tive for improving air quality in ports and The establishment of several OPS ferentiated port and channel dues by port cities and reducing polluting gases, projects in Europe, e.g. in Göteborg encouraging ships with low sulphur provided a renewable energy source is (Sweden), Lübeck (Germany), and in dioxide and nitrogen oxide emissions, used, such as wind energy. North America (Seattle, Los Angeles) rewarding best practice in the area and According to Ralf Giercke, energy demonstrates that this new technology introducing labels like the German eco- and environment officer for Lübeck, the is workable and, considering the results label. results are more than satisfactory since achieved, very promising. Ports seem The plan also highlights the need to emissions of three of the most polluting determined to embark upon a green establish quality maritime tourism, for and toxic gases, nitrogen oxide, sulphur ‘mini-revolution’. n

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Consumers Loopholes in implementation of ‘consumer’ directives

By Sophie Petitjean 2005/29/EC on Unfair Commercial opinions to the Czech Republic and Practices (UCP Directive). Spain has Slovakia, since it considers that their The European Commission has sin- not yet brought into force the necessary national laws do not comply with the gled out, on 8 October, several member provisions for the adequate transposition requirements of Directive 93/13/EEC states for their failure to respect EU of this directive, for which the deadline on unfair terms in consumer contracts. directives aimed at protecting consum- expired on 2007. After having examined the national leg- ers. The Commission also launched islation of the ten member states who The first case is that of Spain, to infringement proceedings against Bel- joined the EU in 2004 and who, there- whom the Commission decided to send gium, Spain, Italy, Latvia, the Neth- fore, had to transpose this Directive a letter of formal notice under article erlands and Sweden for inadequate before 1 May 2004, the Commission 228 of the EC Treaty regarding its fail- transposition of Directive 2002/65/EC launched infringement proceedings ure to execute a 2009 judgment of the concerning the distance marketing of against nine of them in 2007. At the European Court of Justice. This judg- consumer financial services into their present time, the Czech Republic and ment concerned the failure to notify national law. Slovakia have not yet met the require- any measures implementing Directive Lastly, the EU executive sent reasoned ments of the directive. n

Agri-food Infringement proceedings against six countries

By Eric van Puyvelde measures against the introduction into the concerning restrictions on freedom of estab- Community of organisms harmful to plants lishment and freedom to provide services for The European Commission has sent or plant products, and against their spread artificial insemination of bovines. French reasoned opinions (the second step in within the Community. law required an authorisation system for infringement proceedings) on 8 October The Commission sent reasoned opinions the centres responsible for the storage, dis- to Poland and Finland over their failure to to the governments of Belgium, Greece, tribution and use of bovine semen, and dis- notify national implementing measures as Italy and Poland over their failure to notify tributors and users of bovine semen legally required by Directive 2008/39/EC, on plas- national implementing measures as required established in other member states have not tic materials and articles intended to come by Directive 2008/97/EC. This directive been able to set up permanently in France into contact with food. amends Directive 96/22/EC as regards the or provide their services on a temporary or The Commission has also sent a reasoned prohibition on the use, in stockfarming, of occasional basis. Following the decision of opinion to the government of Italy over its certain substances having a hormonal or the European Court of Justice issued July failure to notify national implementing thyrostatic action and of beta-agonists. 17, 2008 (Case C-389/05), France has now measures as required by Directive 2009/7/ The Commission has also decided to close brought its legislation into line by repealing EC. This Directive lays down protective infringement proceedings against France the restrictions in question. n

Anti-discrimination Infringement cases against several member states

By Sophie Petitjean Since the Dutch authorities did not directive (2000/43/EC) since the two comply with the Commission’s reasoned countries have fully complied with its In its drive to combat discrimina- opinion of 14 April 2008, the matter will provisions. It also closed its proceedings tion, the European Commission has, now be taken to the European Court of against Austria and Finland, which had on 8 October, decided to take measures Justice. been singled out for the incompatibility against the Netherlands and Italy and In the case of Italy, the first phase of of their laws with the EU directive on closed infringement cases relating to an infringement procedure has been employment equality (2000/78/EC). racial equality and employment equal- launched in connection with discrimina- Similarly, the executive has brought to ity. tory conditions (having Italian national- a close procedures against Austria, Fin- The EU executive opened an infringe- ity and having resided in the territory for land and Malta on gender equality, but ment procedure against the Nether- the preceding five years) set for access to sent reasoned opinions to Germany and lands over a student grant scheme that low-rent student housing. Portugal for their failure to fully imple- discriminates against migrant and fron- The Commission closed infringement ment Directive 2002/73/EC, which tier workers by imposing a residence cases against Italy and Austria for their bans discrimination in employment and requirement for grants to study abroad. failure to transpose the racial equality occupation on grounds of gender. n www.europolitics.info Sold by subscription only © reproduction strictly prohibited in any language EUROPOLITICS N° 3836 Monday 12 October 2009 

2010 budget COBU wraps up its first reading Appropriations placed in reserve By Célia Sampol and we’re going to use it,» said the rap- The Committee on Budgets restored porteur. The European Parliament Committee the amounts from the PDB in most Concerning financing of the €5 billion on Budgets (COBU) wrapped up its first headings and even exceeded the Com- EU economic recovery plan, €2.4bn still reading of the 2010 budget on 8 October mission’s figures in subheading 1a has to be released from the 2010 budget. in Brussels. Its position includes propos- (Competitiveness). General rapporteur Of this amount, €420m will come from als on two political points that are sure to László Surján (EPP, Hungary) neverthe- margins under heading 2 (agriculture) in liven up negotiations with the Council: less explained, on 8 October, that Parlia- 2010. Parliament and the Council will financing of the final instalment of the EU ment had not increased appropriations have to find the remaining €1.9bn during economic recovery plan and the response across the board because restrictions their second-reading negotiation in to the dairy crisis. are needed during a crisis period and November. The EP committee proposes After the marathon vote from 28 to 30 the institutions have to set an example. to split it into three budget lines under September on the 1,200 budget amend- COBU decided to maintain some of subheading 1a: energy networks €1.176 ments, COBU adopted its two resolutions the Council’s cuts in the administrative bn (commitment) and €800m (payment); on the general budgets of the European budget (heading 5). carbon capture and storage €523m and Commission and the other institutions. It also placed in reserve part of the €250m; European offshore wind energy The texts will be put to the vote in ple- appropriations earmarked for communi- network €281m and €450m. «The ball nary on 22 October in Strasbourg. As a cation policy (heading 3) pending pre- is in the Commission’s court. We expect rule, MEPs regret the cuts made by the sentation by the Commission of a more it to take our concerns into account by Council, at its first reading in July, from effective strategy. For heading 4 (EU in presenting an amending letter and to say the European Commission’s preliminary the world), the Committee on Budgets what savings from 2009 can be allocated draft budget (PDB), which was «already accepts the Commission’s first amend- to the 2010 budget for projects under the meagre». ing letter which raises the appropriations recovery plan,» said COBU Chair Alain They call for a total of €141.743 billion for Palestine and for climate change in Lamassoure (EPP, France). in commitment appropriations (1.20% the developing countries. On the latter Given the concerns of dairy farmers, of the EU’s gross national income) and item, however, MEPs placed the addi- MEPs propose to allocate €300m to €127.526bn in payments (1.08% of tional amounts in reserve pending the a dairy fund to help them ride out the GNI). By comparison, the Council pro- outcome of the Copenhagen conference crisis. This amount would come from posed a budget of €137.944bn in com- in December. Lastly, the EP placed €50 margins under heading 2 (agriculture) mitments (1.17%) and €120.521bn in million in reserve for the common for- in 2010. COBU asks the Commission payments (1.02%), whereas the Commis- eign and security policy to put pressure to take this request into account in its sion originally proposed €122.322bn and on the Council following the episode of second amending letter. The EU’s min- €138.563bn respectively (see table for the postponement of its discharge for 2007. isters will adopt a position on this issue different headings). «This is a weapon in Parliament’s hands on 19 October.

Draft budget 2010 (first reading) Working group on treaty In the wake of Ireland’s ‘yes’ on 2 Octo- Margins kept by First reading of the Council Amendments by COBU First reading by COBU COBU ber, COBU decided that a working group would be set up to review the budget Commitment Payment Commitment Payment Commitment Payment Commitment provisions of the Treaty of Lisbon (new Heading 1a 12.669.589.253 10.573.940.303 2.197.704.407 1.994.328.907 14.867.293.660 12.568.269.210 -1.979.293.660 annual budget procedure, changes in the (Competitivity) multiannual financial framework and the Heading 1b 49.382.092.092 36.089.285.000 5.500.000 2.760.500.000 49.387.592.092 38.849.785.000 6.407.908 (Cohesion) financial regulations, plus other political issues to be settled, e.g.: Will the future Heading 2 58.640.332.302 57.583.424.809 1.168.101.000 1.375.116.000 59.808.433.302 58.958.540.809 304.566.698 (Natural Ressources) permanent European Council presidency

Heading 3a (Freedom, have its own budget? Should the budget 974.270.370 692.113.370 32.217.000 101.457.000 1.006.487.370 793.570.370 18.512.630 Security, Justice) of the high representative and the external

Heading 3b action service be included in the budget 634.128.000 613.530.500 32.097.000 54.857.000 666.225.000 668.387.500 1.775.000 (Citizenship) of the Commission or the Council?). «We Heading 4 7.831.985.270 7.156.270.753 309.384.800 666.342.332 8.141.370.070 7.822.613.085 511.930 need legal bases and consequently politi- (EU in the world) cal agreements on these aspects,» said Heading 5 7.811.846.585 7.812.341.585 54.357.750 53.357.750 7.866.204.335 7.865.699.335 221.795.665 (Administration) Alain Lamassoure, who added that Par- liament and the Swedish EU Presidency TOTAL 137.944.243.872 120.520.906.320 3.799.361.957 7.005.958.989 141.743.605.829 127.526.865.309 -1.425.723.829 would get to work on this without waiting for the treaty to come into force. n

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Treaty of Lisbon New blocking manoeuvre by Vaclav Klaus

By Célia Sampol to add a two-line footnote to the treaty to give its position on the footnote. giving his country certain derogations For Fredrik Reinfeldt, this request is “a The Czech president, the last obstacle from the Charter of Fundamental Rights bad message at the wrong time for the in the path of the Treaty of Lisbon, is (which becomes binding with Lisbon). EU”. The Council president neverthe- pursuing his obstruction of the Euro- During the 2007 negotiations, Poland less told Klaus that he would ask the insti- pean text. Klaus is now demanding the and the United Kingdom obtained tution’s legal services to study the ques- addition of a footnote in the treaty con- exemptions from the charter but discus- tion and that he would discuss it with the cerning the Charter of Fundamental sions were still open at the time and the other member states. In the meantime, Rights before signing his country’s act treaty had not been signed or ratified. the other states are more and more exas- of ratification. Exasperation is growing Adding even a single line now would perated. “We are not going to change among his European partners. be tantamount to amending the text as the Treaty of Lisbon. It was approved by The Czech Republic is now the final a whole and would require ratification the Czech parliament and the Czech “problem” to be settled before the issue of the new version in the 27 member senate in very precise terms accepted by of institutional reform, launched with states. The request is almost comical. everyone,” exclaimed French Foreign the Laeken Declaration in 2001, can Minister Bernard Kouchner. In Brus- be brought to conclusion. After a com- General indignation sels, frustrated diplomats note that Presi- munication gaffe, Polish President Lech Vaclav Klaus claims that his request dent Klaus has no mandate to negotiate Kaczynski is expected to sign on 10 is justified by the fact that he wants with the European Council. The Czech October the act of ratification approved to prevent any restitution of the prop- government would have to transmit a by the national parliament in 2008. He erty confiscated from Germans in the “political declaration” to the leaders, even invited Commission President José former Sudetenland after the second which would have to be discussed at a Manuel Barroso and Swedish Prime Min- world war. “The footnote would be summit. European Parliament President ister and EU Council President Fredrik a guarantee that the Treaty of Lisbon Jerzy Buzek (EPP, Poland) commented Reinfeldt to attend an official ceremony may not lead to abolition of the Benes after his meeting with Klaus, on 9 Octo- in Warsaw. But his Czech counterpart, decrees,” said the head of state on 9 ber in Prague, that a delay in ratification Vaclav Klaus, has once again stolen the October. These decrees, signed in 1945 “would cost Europeans dearly”. limelight from Kaczynski. and 1946 by then-President of Czecho- So the fate of the Treaty of Lisbon The anti-European and capricious slovakia, Edvard Benes, served as the still hangs on Vaclav Klaus. If it enters president, who is fiercely opposed to legal basis for the confiscation of prop- into force, European leaders will have the Treaty of Lisbon, plans to keep his erty and expulsion from Czechoslova- to make sure that not one word of the European partners dangling a bit longer kia, after the second world war, of three text is changed for years to steer clear of before signing the act of ratification million Germans from the Sudeten- any new period of institutional blockad- approved by the Czech parliament in land, accused collectively of collaborat- ing, harmful to the EU’s image and the early 2009. He asked the Swedish prime ing with the Nazi regime. The Czech implementation of other policies. n minister, in a phone call on 8 October, president wants the European Council

EU/Serbia Commission proposes 200 million euro loan for Serbia

By Fabrice Randoux programme was developed with the sup- its success. “It complements the latter’s finan- port of the IMF and the World Bank. Ser- cial assistance to the country”, underlines The European Commission has proposed bia’s GDP is expected to decrease by 4% the Commission. This is in addition to the a 200 million euro loan to Serbia - in addi- in 2009, and the budget deficit to reach 100 million euro in budget support grants tion to that of the International Monetary 4.5% of GDP. In May 2009, the IMF agreed at the end of July for Serbia, under Fund - to help it through the global crisis. decided to increase its loan to Serbia from the so-called Instrument for Pre-Accession. The proposal, which came on 8 October, an original 394 million euro to 2.9 billion The EIB and the EBRD have also strength- still needs to be approved by the 27 member euro. Belgrade has already received the ened their investment support in Serbia. states and the European Parliament. The first instalment of this loan. The IMF is The new EU loan has been proposed loan would be provided in two instalments, calling for a reduction in Serbia’s deficit within the framework of macro-financial tentatively in the second and fourth quarter in order that it may authorise payment of assistance (MFA) to neighbouring countries of 2010, says the Commission in a commu- a second instalment. in order to help them confront the crisis. nication. EU aid “is conditional on the respect of The EU finances the loans by borrowing on Due to an increase in Serbia’s budget the adjustment programme agreed between the market. The money is lent under similar deficit as a result of the crisis, an assistance Serbia and the IMF”, while contributing to financial terms. n www.europolitics.info Sold by subscription only © reproduction strictly prohibited in any language EUROPOLITICS N° 3836 Monday 12 October 2009 11

EU/Western Balkans Negotiating brief for road transport agreement

By Isabelle Smets been under way since June 2008. Sev- tia joins the EU, the EU quota will be eral member states have pointed out, reduced proportionally. Meeting in Luxembourg on 9 Octo- however, that the treaty being negotiated Reciprocity would obviously be the ber, the Council of Transport Ministers could bring about a significant increase rule and cabotage would not be allowed. have defined a negotiating brief for a in road transit and create distortions on On the other hand, it would be possible road transport agreement with the West- the market. A decision was therefore to combine authorisation of the EU ern Balkans. taken to adopt additional negotiating quota with bilateral authorisation (e.g. Negotiations with the Balkan states instructions. arriving in Germany with an authorisa- (Albania, Bosnia-Herzegovina, Croatia, The idea is to authorise an annual EU tion under the EU quota and continuing the Former Yugoslav Republic of Mace- quota of 9,000 trucks from the Balkans to Belgium under a bilateral authorisa- donia, Montenegro, Serbia and Kosovo) (with a ceiling of 2,000 per member tion from this country). on a treaty establishing an integrated state). This EU quota would come on The member states also support applica- land, maritime and inland waterway top of authorisations granted under tion of EURO V environmental standards transport market (air transport is already existing bilateral agreements between to trucks from the Balkans authorised to covered by another agreement) have the Balkans and member states. If Croa- circulate in the EU from 2013. n

EU/US «We have to be pragmatic,» says US Ambassador-designate

By Brian Beary in Washington 2008. Meanwhile, the EU Ambassador to US were already working well together on the US, John Bruton, Iran, the Middle East and Washington’s new Ambassador to the EU completes his term at Afghanistan. looks likely to be a veteran of the Clinton the end of October. Republican Senator Jim administration, who, since 2001, has worked Bruton’s successor has DeMint (South Carolina) for a private equity firm specialising in media not been named yet raised the issue of US mis- and telecommunication sector investments. so the EU may well sile defence in Europe. At his US Senate hearing on 8 October, go Ambassador-less DeMint described as William Kennard stressed the economic in Washington for a «worrisome» President part of the transatlantic relationship, noting while. In the interim, Obama’s recent deci- «one-in-ten American jobs is with a Euro- the deputy of head of sion to abort the missile pean-affiliated company, and the converse is the EU Commission defence project in Poland true in Europe». But the senators were more delegation, Angelos and the Czech Republic, interested in his views on foreign policy. Pangratis, would fulfil saying that «one Euro- Asked how he planned to deal with tensions Bruton’s duties. pean Ambassador told me arising from the NATO-EU rivalry, Kennard Kennard was seated that ‘this should not have said «we have to be pragmatic» and that the alongside President happened’». DeMint, the EU and NATO could provide resources «in Barack Obama’s nomi- leading Republican on © Carlyle Group a complimentary fashion». In the defence nees for Ambassador- «NATO will be our primary means of advancing the committee, said that, arena, he said that «NATO will be our pri- ships to Estonia, Lux- our objectives with our European allies» while EU enlargement mary means of advancing our objectives embourg, Ukraine and the European Bank offered «the best hope for deeper economic with our European allies». for Reconstruction and Development. In his integration, NATO must remain the central Wrapping up the Foreign Relations Com- opening statement, Kennard listed the fol- guarantor of European security». Answering mittee hearing, Chairman Jeanne Shaheen lowing areas as priorities, without going into Republican Senator Dick Lugar (Indiana)’s (Democrats, New Hampshire) indicated details on policy: Iran, North Korea, Iraq, fears about Russian plans for the Crimea, Kennard would have a speedy confirmation Afghanistan, Pakistan, the Middle East, the Ambassador-designate to Ukraine John Tefft in the Senate. If this happens, it will bring an financial crisis and climate change. He noted said «Crimea is part of Ukraine and we sup- end to the hiatus that has existed since May how, when he was Chair of the US Federal port its territorial integrity». Tefft said US 2009 when the previous Ambassador, Kris- Communications Commission from 1997- Vice President Joe Biden would tour Eastern ten Silverberg, departed Brussels. Silverberg 2001, he had negotiated with the EU and Europe - Biden’s visit is scheduled for 20-24 was only in the job for a year, being a stop- EU member states on telecommunication October - to reassure allies concerned about gap appointee necessitated by the Senate’s policy issues. Looking forward to his new the more conciliatory approach to Russia of refusal to reconfirm President George Bush’s job, he was «hopeful,» noting «there is a President Obama, which was first flagged up nominee, C. Boyden Gray, whose term renewed sense of goodwill towards the US» by Biden in his February 2009 «hit the reset as EU Ambassador expired in December from Europe. He stressed how the EU and button» speech in Munich. n

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Climate change Commission and China clash in public over climate change

By Sebastien Falletti in Seoul and talk about everybody making an effort,» as I heard from my Chinese colleague, is said China’s top envoy on climate change not the way we need to go,» said the Com- The gap dividing the EU and China over during a press conference concluding sev- mission representative bluntly. Earlier, US the negotiation of a global climate deal has eral days of unsuccessful preparatory talks to envoy Jonathan Pershing had insisted on come to the fore during a UN meeting held the Copenhagen meeting. Yu reiterated the the need to have China on board in order in Bangkok on 7 October. The European Chinese position that rich countries were to deliver an effective post-Kyoto agreement. Commission’s envoy, Karl Falkenberg, responsible for climate change and should «If the US joined other developed countries Director General of DG Environment, had bear the cost of fixing it. This statement trig- without other major economies we do not a rare public spat with his Chinese coun- gered a sharp reply from Falkenberg, who solve the problem,» said Pershing, linking de terpart Ambassador Yu Quingtai regarding expressed the growing EU frustration at Bei- facto any new American commitment to a the effort that developing countries should jing’s uncompromising position. «We know move from Beijing. Although more prepara- make in order to reach a climate change that the consequences of climate change tory talks are scheduled ahead of Copenha- agreement during the Copenhagen confer- are seen more dramatically as of now in the gen, the meeting in Bangkok has further cast ence scheduled in December this year. developing world so continuing to argue doubt over the chance of reaching a global «In all fairness, we cannot sit here today there is almost a human right to pollution, deal in the Danish capital this year. n

EU/Somalia PSC ambassadors head to Djibouti to assess Somali mission

By Paul Ames at the French-run training operation for On 28 September, EU defence ministers Somalia security units. broadly supported the proposal for the EU to A high level EU delegation is in Djibouti The EU is considering building on the take on the training mission - also expected to review the anti-piracy mission off the French training mission to launch a wider to take place mostly in Djibouti - although Horn of Africa and evaluate a possible EU European scheme to build up forces loyal some courses may also be held in Uganda. training operation for Somali government to the Somali transitional government. The The PSC ambassadors’ fact-finding mis- forces. Ambassadors from the EU’s Politi- aim is to improve stability in the country sion will feed into a ministerial debate on the cal and Security Committee (PSC) head to where civil strife, Islamist militancy and mission in Brussels on 16-17 November. Djibouti on 8 October and are due to meet lawlessness are rife. French experts have While most EU nations back the idea, they officials from the African Union in Addis already trained about 150 Somali soldiers in also want assurances that Somali soldiers Ababa - where the Somali training mission is Djibouti and a further 400 are due to follow trained by the EU will remain loyal to the also expected to feature - the following week. the programme. Due to security concerns in Transitional Federal Government and not They are expected to visit the flagship of the Somalia, the training is taking place in Dji- switch sides to join anti-Western militants in EU naval force operating off the Somali bouti, a former French colony, which hosts Somalia’s chaotic civil conflict, where shifts coast, the Dutch frigate Evertsen, and look both French and US military bases. of allegiance are common. n

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EU/Mediterranean/Gulf Commissioner wants transparent Med green energy market

By Dafydd ab Iago grated and interconnected green energy and mechanisms for financial support. Other market with the Mediterranean and the things on the commissioner’s wishlist include At an EU-Mediterranean-Gulf renewable Gulf. This could be one of the world’s similar regulatory models in the countries energy conference organised by the Euro- largest markets for renewable energy. and convergent legislation across the entire pean Commission on 9 October, the EU’s «We have already made some progress. region. The region should also work towards External Relations Commissioner Benita We have supported the gradual integration gradually phasing out electricity subsidies that Ferrero-Waldner called for a green energy of electricity markets in the Maghreb, and favour traditional fossil fuels over renewables. market in North Africa. The commissioner cooperation between Mediterranean energy «Renewables must be placed on an equal wants the region to establish a framework regulators. We have also supported energy footing with other energy sources if we are of policies, transparent legislation and efficiency policies through successful dem- serious about their use,» she said. regulations to enable the emergence of a onstration projects and establishing a regional The commissioner underlined the need green energy market. Ferrero-Waldner was renewable energy centre in Cairo,» she for the necessary physical infrastructure to be speaking at the conference together with added. But despite these measures the com- put in place to make a green market a reality. the EU’s Energy Commissioner Andris missioner calls for politicians to commit to Here, though, she merely noted the need for Piebalgs and a number of ministers from measures that would make an EU-Mediter- public and private financing in order to finalise North Africa, Gulf and other Mediterra- ranean-Gulf Green Energy Market a reality. the necessary interconnections between the nean states. The conference was aimed at EU and the Southern Mediterranean and increasing EU cooperation with the region Reduce fossil fuels subsidies between the Southern Mediterranean and with regard to renewable energies. As for a framework of policies, legislation the Gulf. A third and final area is research Whist the EU has been doing what it and regulations in the region, she detailed and development, especially with respect to can, said Ferrero-Waldner, pointing to the the need for a common regional policy generating solar power and developing smart EU’s binding targets for renewable energy, framework for renewable energy, based grid technologies necessary for transporting energy efficiency and emissions reduc- on the EU’s achievements, and including electricity long distances. Likewise, Ferrero- tions, there is a limit. Here, she pointed to common targets for renewable energy; agree- Waldner did not put forward any figures in the need for the development of an inte- ment on certifying the origin of green energy; terms of possible EU financing. n People

Pedro Guijarro/EUROFINAS Gilbert de Turckheim/FACE

Pedro Guijarro was appointed Chairman At its recent General Assembly in mid-September in Brussels, by Eurofinas General Assembly on 4 the Federation of Associations for Hunting and Conservation October. He has been Vice-Chairman of of the EU (FACE) unanimously re-elected President Gilbert Eurofinas since 2005, and is taking over de Turkcheim (France) for a third three-year mandate. After from Pierantonio Rumignani, Senior his election, de Turkcheim said that “the number one priority Vice-President of UniCredit Group, on for FACE will be to close the gaps that still exist among the a two-year mandate. He last worked at Santander Group as members in order to strengthen the hunting network and Senior Vice-President for consumer credit and has held a promote nature conservation”. He has pledged his personal number of managing positions in the consumer credit sector support for the continued development of the FACE regional in different European countries over the past 20 years. He groups and reconstitution of the Sustainable Hunting said in his inaugural speech that one of his priorities would Intergroup at the European Parliament. See www.face.eu be to « promote an active participation of all Eurofinas member associations in order to increase the level of expertise made available to the Federation». Eurofinas, the European Federation of Finance House Associations, is the voice of the specialised consumer credit providers in the EU. www. eurofinas.org

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In Brief

Road transport: EU takes Greece Belgium’s ‘must-carry’ rules Acquisition of LS Power Semitech to court Belgium is being asked to explain the The European Commission cleared, on Greece will have to answer to the obligations it imposes on broadcasters 9 October, the acquisition of joint control European Court of Justice for its failure in the bilingual Brussels-Capital region of LS Power Semitech Co. Ltd (Republic to comply with EU rules on freedom of to the European Court of Justice. Cable of Korea) by Infineon Technologies AG establishment for operators in the road companies and telecommunications (Germany) and LS Industrial System transport and fuel marketing sectors, operators are obliged to carry a certain Co. Ltd (Republic of Korea). Infineon said the European Commission on 8 number of TV and radio channels in develops, manufactures and markets October. The Greek authorities are the two official languages, French and semiconductor and system solutions accused of restricting the registration of Flemish, which multiplies the number for automotive, security, consumer and public use vehicles and private tankers of channels they have to offer. Under industry applications. LSIS develops, used by fuel trading companies. The EU universal service rules, member manufactures and markets semiconductor EU executive is also taking issue with states are entitled to impose such must- and system solutions for industrial electric Greece for introducing fixed tariffs for carry obligations but these must be power and automation applications. LS transport services, a measure liable to «proportionate, transparent and based Power Semitech develops, manufactures dissuade foreign operators from entering on objective criteria». In the case of and markets moulded intelligent power the road haulage sector and preventing Belgium, the Commission finds that the modules (MIPMs) for use in consumer those already established from further designation of the must-carry channels applications. developing their business. lacks transparency and clarity and that the number of channels should EU anti-death penalty push be limited. The Commission has also Ninety three per cent of all known closed a legal action against Germany on executions take place in China, Iran, must-carry rules and two other actions French savings books Pakistan, Saudi Arabia and the United against Sweden and the Netherlands The European Commission has brought States. This statistic was released by on other telecoms issues (the EU 112 to a close an infringement procedure the EU Commission delegation in emergency number and the right of opened on 10 May 2007 after concluding Washington to mark anti-death penalty telecoms operators to appeal the national that France has complied with its day on 9 October. The EU Ambassador regulator’s decisions). obligation to give all banks the possibility to the US John Bruton held a joint press to distribute «livrets A» and «livrets briefing with Sweden’s Ambassador, Maritime safety: court action bleus», two tax-free savings books. The Jonas Hafstrom, representing the EU against Italy EU executive had singled out the special Presidency, to renew the Europe’s call The European Commission has decided rights granted to Banque Postale, Caisse for a worldwide abolition of the death to take Italy to the European Court of d’Épargne and Crédit Mutuel for the penalty. Ambassador Bruton said «the EU Justice for failing to fully implement distribution of these savings products. not only considers capital punishment to the EU directive on port state control Since 1 January 2009, a significant be cruel and inhumane, but it also fails to (Directive 95/21/EC). In a statement number of new «livret A» accounts have deter criminal behaviour». He added that released on 8 October, the EU’s executive been opened in banks, which are now «miscarriages of justice are inevitable in accuses Italy of not applying one of entitled to distribute these accounts. any legal system – and any miscarriage of the directive’s rules providing that ship justice that results in the death penalty is owners or operators must pay the cost of irreversible». ship inspections.

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EU Agenda Week from 12 to 18 October

Monday 12 October Meeting of Directors-General for n Mr Janez Potocnik participates Vocational Training in a roundtable on the launch of 10 to 13 October, Vasteras (Sweden) BusinessEurope report on “Innovation” European (Brussels) Conference on Sustainable Mineral n Mrs Benita Ferrero-Waldner and Mr Parliament Resources receive Mrs Asha-Rose The President’s diary 12 to 14 October, Lulea (Sweden) Migiro, Deputy Secretary-General of the Brussels At the conference, focus will be put on United Nations n 17:00 - 18:00: Meeting with Asha Rose the promotion of sustainable supplies of n Mrs Benita Ferrero-Waldner attends as Migiro, United Nations Deputy Secretary raw materials from European sources and guest of honour, a lunchtime discussion General measures related to Council conclusions at the Office of the Hans Seidel Stiftung (Brussels) Parliamentary committees n Mr Vladimír Špidla attends the ‘Social Committee on Foreign Affairs Europe Circus event’ (Budapest) 18:00 - 19:00, Brussels, JAN 6Q2 European n Mr delivers a speech • Launch of the annual EU-UN Partnership at the “Irish Offshore Wind Conference” Report - Discussion with Asha-Rose Migiro, Commission (Dublin) Deputy Secretary-General of the United Travel and visits n Ms delivers a keynote Nations n Mrs Margot Wallström in Washington speech at a Round table “Consumer rights (12-14): meets Mrs Samantha Power, in the utilities sector” (Sofia, Bulgaria) Committee on Industry, Research Special Assistant to the President and n Mr opens the photo and Energy Senior Director for Multilateral Affairs, exhibition on the Romanian revolution 15:00 - 18:30, Brussels, JAN 4Q2 the National Security Council, Executive - “le Chemin de la Liberté” - organised by • Nuclear Safety - Discussion with the Office of the President; gives a speech on AGERPRESS (BERL, hall 1st Floor) Chair of the EU Nuclear Safety Regulators women’s global leadership to the women Group (16:00-17:00) of Leadership America; attends an event at the Aspen Institute (13). Participates in Committee on Agriculture and Rural a panel discussion on Climate Change Court of First Development and the Copenhagen Conference hosted 15:00 - 18:30, Salle JAN 2Q2 by Carnegie Endowment for International Instance • Oral question with debate (rule 115) on Peace; meets with Dr Esther D. 09:30 imports of Brazilian Beef - Possible vote Brimmer, Assistant Secretary, Bureau of First Chamber International Organization Affairs, United n Hearing T-38/07: Shell Petroleum and Delegations States Department of State (14). Others v Commission Delegation for relations with Iran n Mr participates in the Competition 17:30 - 18:30, Brussels, ASP 1E2 discussion group of the representation Application for annulment of Contact: Thomas Dudrap: (32-2)28.44524 to the European Commission in France, Commission Decision C (2006) 5700 (BXL), (33-3)881.77015 (STR), (32) “Quelle Europe 20 ans après la fin final of 29 November 2006 relating 498.983.284, foreign-press@europarl. du rideau de fer?”, in the presence of to a proceeding under Article 81 EC europa.eu Mrs Laurence DE Richemont, head of and Article 53 of the EEA Agreement representation (Paris bureau) (Case COMP/F/38.638 – Butadiene n Mr attends a launch event Rubber and Emulsion Styrene Butadiene for Burson-Marsteller’s “Guide to effective Rubber), concerning a restrictive Council of lobbying in Europe” (Residence Palace) agreement on the fixing of price targets, n Mr Siim Kallas delivers a welcome the sharing of customers through non- Ministers address at OLAF’s 10th Anniversary aggression pacts, and the exchanging Employment, Social Policy, Health Conference (CHARL, Room S4) of commercial information and, in the and Consumer Affairs Council n Closing speech by Mr Joaquín Almunia alternative, for reduction of the fine Luxembourg at the conference organised by Friends of imposed on the applicants Europe (Brussels)

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15:00 Commissioner for Human Rights First Chamber Mr Vladimír Špidla in Budapest: delivers n Hearing T-39/07: ENI v Commission European an opening speech at the High Level Competition European Social Fund and Roma Event; Application for annulment of Commission Commission meets with Mr Gordon Bajnai, Hungarian Decision C (2006) 5700 final of 29 Travel and visits Prime Minister + joint press conference November 2006 relating to a proceeding n Mr Jacques Barrot participates in the n Ms participates under Article 81 EC and Article 53 of the seminar organised by DG JLS on the Joint in the 2009 Global Services Summit EEA Agreement (Case COMP/F/38.638 Migration and Development Initiative (Washington) – butadiene rubber and emulsion styrene- between the EC and the UNDP (United n Mr Andris Piebalgs in London: delivers butadiene rubber) concerning an agreement Nations Development Programme) a speech at the “FT World Energy Council to fix target prices, to share customers by (Residence Palace) Energy Leaders Summit”; delivers a speech means of non-aggression pacts, and to n Mr Siim Kallas delivers the opening at the “Carbon Sequestration Leadership exchange commercial information, and speech at the IAS Conference “Finding the Forum” Ministerial Conference for annulment of or a reduction in the fine frontier for Internal Audit” (CHARL, Room n Mrs , at the occasion imposed on the applicant Alcide de Gasperi) of the World Arthritis Day, attends the n M. Joaquín Almunia visite Riga launch of the Informal Interest Group on (Lettonie): rencontre le Président de la Rheumatic and Musculoskeletal Diseases, Tuesday 13 October République, M. Valdis Zatlers, le Premier organised by The European League Against Ministre, M. Valdis Dombrovskis, le Rheumatism (eular) (EP) Ministre des Finances, M. Einars Repse, European le Gouverneur de la Banque Centrale, M. Ilmars Rimsèvics, et les responsables des Parliament partis politiques ainsi que des représentants Court of First The President’s diary bancaires et les partenaires sociaux Brussels n Mr Paweł Samecki receives Instance n 09.30 - Opening speech at the European representatives from the Polish Senate 09:30 Innovation Summit, European Parliament n Mr Paweł Samecki meets a study group First Chamber n 11.00 - Meeting with Vítor Caldeira , of Polish journalists from Slaskie region of n Hearing T-42/07: Dow Chemical and President of the Court of Auditors Poland Others v Commission n 14.00 - Meeting with delegation from n Mr Paweł Samecki participates in Competition Polish Senate the High-Level meeting on “EU-China Application for partial annulment of n 17.00 - Meeting with Diego Lopez regional policy cooperation” together Commission Decision C (2006) 5700 Garrido, Spanish Secretary State of the EU with a delegation from the National final of 29 November 2006 relating to a Development and Reform Commission proceeding under Article 81 EC and Article of China Mr DU YING, Vice-Minister 53 of the EEA Agreement (Case COMP/ of the National Development and F/38.638 – Butadiene Rubber and Emulsion Council of Reform Commission of China; Mr Fan Styrene Butadiene Rubber), concerning a Hengshan, Director General, Department restrictive agreement on the fixing of price Ministers of Regional Economy; Mr Zhu Wanjin, targets, the sharing of customers through Towards a more effective control Deputy Director General of the Foreign non-aggression pacts, and the exchanging of financial crimes and the Affairs Department, Mr Chen Xuebin, of commercial information and, in the financial interests of the EU Director of the General Department and alternative, for reduction of the fine imposed 13 and 14 October, Stockholm Mr Chen SHUAI, Officer of the Foreign on the applicants The purpose of the conference is to discuss Affairs Department; Mr Sun Zhen, Deputy and exchange ideas on fighting economic Director General, Department of Climate 09:30 crime within the EU and protecting Change Fourth Chamber EU financial interests from a practical n Mr Janez Potocnik meets with ETP n Judgment T-146/08: Deutsche perspective. (European Technology Platform) leaders Rockwool Mineralwoll v OHMI - Redrock (Borschette) Construction (REDROCK) Meeting of Directors-General for n Mrs in The Hague: public Intellectual property Vocational Training meeting with Finance Committee of Dutch Community trade mark – Action for 10 to 13 October, Vasteras (Sweden) Parliament (Tweede Kamer); meeting with annulment brought by the proprietor of young successful entrepreneurs national word mark ‘Rock’ for goods and Conference on Sustainable Mineral n Mrs Mariann Fischer Boel visits the services in classes 1, 6, 7, 8, 17, 19, 37 and Resources ANUGA Trade Fair (Cologne) 42 against the decision of the Fourth Board 12 to 14 October, Lulea (Sweden) Mrs Benita Ferrero-Waldner receives Mr of Appeal of the Office for Harmonisation Navanethem Pillay, United Nations High in the Internal Market (OHIM) of 18 www.europolitics.info Sold by subscription only © reproduction strictly prohibited in any language EUROPOLITICS N° 3836 Monday 12 October 2009 17

February 2008 in Case R 506/2007-4 n 15.00 - Meeting with Javier Solana, High annulling the decision of the Opposition Representative for CFSP Division refusing in part the registration of n 16.00 - Meeting with Meglena Kuneva, European the figurative mark ‘REDROCK’ for goods Commissioner for Consumer Affairs and services in classes 1, 2, 17, 19, 36 and n 19.00 - Speech to European Jewish Commission 37 in opposition proceedings brought by Congress Weekly meeting the applicant Brussels Delegations On the agenda: 09:30 Delegation for relations with Israel - Enlargement package : Strategy paper Fourth Chamber 09:30 - 10:30, Brussels, ASP 5G2 • progress reports (Croatia, Turkey, n Hearing T-296/08: Berliner Institut Contact: Thomas Dudrap: (32-2)28.44524 FYROM, Albania, Bosnia & Herzegovina, für Vergleichende Sozialforschung v (BXL), (33-3)881.77015 (STR), (32) Montenegro, Serbia, Kosovo) Commission 498.983.284, foreign-press@europarl. - Regulation on the applicable law, Justice and Home Affairs europa.eu jurisdiction, recognition of decisions and Annulment of Commission Decision of 23 administrative measures in the area of May 2008 fixing the final sum to be paid to Delegation for relations with the successions and wills the applicant in fulfilment of a Community Palestinian Legislative Council - Communications on the integrated funding contract for a project called 16:15 - 17:45, Brussels, ASP 5G2 maritime policy ‘Integration indicators and generation Contact: Thomas Dudrap: (32-2)28.44524 change’ (contract JLS/2004/INTI/077), (BXL), (33-3)881.77015 (STR), (32) Travel and visits financed by the INTI programme 498.983.284, foreign-press@europarl. n Mr José Manuel Durão Barroso and Mr europa.eu Jacques Barrot participate in the opening of the bureau of the European Jewish Congress (Brussels) Committee of the n Mrs Margot Wallström in New York Council of (14-17): meets with Mr Ban Ki-Moon, Regions Secretary-General of the United Nations; Conference Ministers meets with Mrs Asha-Rose Migiro, Deputy n Greener and smarter transport Informal Meeting of Secretary-General of the United-Nations; The conference will focus on integration Competitiveness Ministers gives a lecture on Women, Peace and of management of regional spatial 14 to 16 October, Umea (Sweden) Security at Columbia University (15). development with planning of the transport Informal meeting of the Ministers for the Meets with Civil Society organisations system in a manner that would enhance Internal Market active on Women, Peace and Security at the the trans-national cohesion of the entire 13:00-22:30 Delegation of the European Commission to CETC-ROUTE65 region. How can we all – citizens, companies and the United Nations (16) For further information and registration consumers – make better use of our right to n Mr receives members of please contact: [email protected] move freely in the EU internal market? And the MMG (Major Metropolises Group) Location: Committee of the Regions, how can we, in the EU, remove barriers in n Mrs Benita Ferrero-Waldner participates Jacques Delors building, room JDE 52, order to increase trade in services? These in the inauguration of the EU-Arab League 14:00-17:30 issues will be discussed by Minister for liaison office (Malta) Trade Ewa Björling and her European n Mrs Benita Ferrero-Waldner participates colleagues during the first day of the in the Ditchley Conference (UK) Wednesday 14 meeting. n Mr Vladimír Špidla has meets with the Council for Multilateral Business October Meeting of the Coreper I Diplomacy (Residence Palace) Brussels n Mrs Androulla Vassiliou participates in the 2009 Annual General Assembly of the European Meeting of the Coreper II European Public Health Alliance (EPHA), Brussels delivers a key note speech on “Public Parliament health in the EU: Achievements and The President’s diary Towards a more effective control challenges” and presents the “Service to Brussels of financial crimes and the Public Health Award” to the former MEP n 09.00 - Opening speech at Conference financial interests of the EU John Bowis on 70 years after the Molotov-Ribbentrop 13 and 14 October, Stockholm Pact n 11.00 - Meeting with Navanethem (Navi) Conference on Sustainable Mineral Pillay, United Nations High Commissioner Resources for Human Rights 12 to 14 October, Lulea (Sweden)

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opposition proceedings brought by the proprietor of the Community word mark Court of First ‘TRANSFORMERS ENERGON’ for Conferences and goods in Classes 16, 18, 24, 25, 28, 30 Instance and 32, and the unregistered marks seminars 09:30 ‘TRANSFORMERS ENERGON’ and 14 October, Brussels Second Chamber ‘ENERGON’ used in the United Kingdom n “Chambers Meet MEPs” – a unique n Hearing T-11/07: Frucona Košice v in respect of similar goods meeting opportunity between Members of Commission the European Parliament and the European State aid 09:30 Chamber Network Application for annulment of Second Chamber Subject: “Chambers Meet MEPs” will Commission’s Decision C (2006) 2082 n Judgment T-140/08: Ferrero v OHMI take the form of a debate (4.30-6.00 p.m.) final, of 7 June 2006, concerning aid - Tirol Milch (TiMi KiNDERJOGHURT) involving newly elected senior figures granted by Slovakia for Frucona Košice in Intellectual property from Parliament, followed by a reception the form of a write-off of a tax debt by the Community trade mark – Annulment of (6.00-9.00 p.m.) offering networking competent tax office in the framework of Decision R 682/2007-2 of the Second opportunities with Chamber representatives a court-supervised collective insolvency Board of Appeal of the Office for from 45 European countries and key policy procedure (State Aid No C 25/2005, Harmonisation in the Internal Market makers. ex NN/2005), in so far as that decision (OHIM) of 30 January 2008, dismissing Organisers: EUROCHAMBRES – The declares that measure incompatible with the appeal brought against the decision Association of European Chamber of the common market and orders Slovakia to of the Cancellation Division refusing Commerce and Industry recover the aid in its entirety the application for a declaration of Venue: European Parliament, Brussels invalidity submitted by the applicant (room JAN2Q2 for the debate; Members’ 09:30 in respect of the word mark “TiMi Restaurant for the reception) First Chamber KINDERJOGHURT” for goods in Class More information: http://www. n Hearing T-44/07: Kaucuk v Commission 29 eurochambres.eu/content/default. Competition asp?Pageid=266 Application for partial annulment of Commission Decision C (2006) 5700 Committee of the final of 29 November 2006 relating to Thursday 15 October a proceeding under Article 81 EC and Article 53 of the EEA Agreement (Case Regions COMP/F/38.638 – Butadiene Rubber and Conference European Emulsion Styrene Butadiene Rubber), n Sustainable tourist hospitality in Great concerning a restrictive agreement on European historical dwells Parliament the fixing of price targets, the sharing Event’s themes: geographical, landscape, The President’s diary of customers through non-aggression historical and artistic features of the Brussels pacts, and the exchanging of commercial great European historical dwells, their n 09.00 - Awarding of the European information and, in the alternative, for accessibility, services to the public, Parliament Prize for Journalism reduction of the fine imposed on the contribution to the valorisation of the n 11.00 - Conference of Presidents applicant surrounding territory and economy; local n 13.15 - Meeting with Viktor Yushchenko, management policies with particular President of Ukraine, followed by a press 09:30 regard to energy efficiency; use of point (11th floor, PHS building, European Sixth Chamber renewable energy sources; promotion of Parliament) n Hearing T-472/07: Enercon v OHMI ECOLABEL; tourist sustainability of the - Hasbro (ENERCON) dwells. Parliamentary committees Intellectual property Organizing Association: Regione Veneto Committee on Foreign Affairs Community trade mark – Action for (Italy); Contact person: Gianlorenzo 09:00 - 10:30, Brussels, PHS 1A2 annulment brought by the applicant for Martini (gianlorenzo.martini@regione. • 2009 Enlargement Strategy - Discussion the word mark ‘ENERCON’ for goods in veneto.it; [email protected]; with , Commissioner for Classes 16, 18, 24, 25, 28 and 32 against [email protected]). Enlargement the decision of the Fourth Board of Location: Committee of the Regions, Appeal of the Office for Harmonisation Jacques Delor building,room JDE 51, Committee on Industry, Research in the Internal Market (OHIM) of 25 09:30-17:30 and Energy October 2007 in Case R 959/2006-4, 15:00 - 18:30, Brussels, P3C050 dismissing the applicant’s appeal against the decision of the Opposition Division Committee on Civil Liberties, Justice refusing registration of the mark in and Home Affairs www.europolitics.info Sold by subscription only © reproduction strictly prohibited in any language EUROPOLITICS N° 3836 Monday 12 October 2009 19

09:00 - 12:30, Brussels, PHS 3C50 in a workshop hosted by the European Parliament. Special Committee on the Financial, European Economic and Social Crisis 09.00-10.00: Awarding of the Prize by 10:00 - 10:50, Brussels, JAN 4Q1 President BUZEK Commission • Inaugural meeting 10.00-11.30: Panel discussion “The role of Travel and visits new media: an opportunity for democratic n Mr José Manuel Durão Barroso gives a Subcommittee on Human Rights participation?” speech at the conference “The Ambitions 11:00 - 13:00, Brussels, PHS 1A2 of Europe inn Space” (CHARL) • Developments in the UN Human Rights n Mr José Manuel Durão Barroso receives Council: Discussion with the President of Mr Viktor Yushchenko, President of Ukraine the HRC, Alex Van Meeuwen (Belgium) Council of n Mr José Manuel Durão Barroso in Vienna (15-16, Austria): speaks at the EPP Subcommittee on Security and Ministers Group meeting - The World in 2025: Defence Informal Meeting of Putting People at the Heart of Europe The 10:45 - 12:30, Brussels, ASP 5G3 Competitiveness Ministers Basis for Social and Economic Recovery • Workshop on “Anti-Personnel Landmines: 14 to 16 October, Umea (Sweden), 9:00- (15). Speaks at the Opening of the “House achievements and practices a decade after 15:00 of the European Union” (16) the 1997 Mine Ban Treaty” - see Public Minister for Enterprise and Energy Maud n Mr Antonio Tajani delivers a speech at Hearings Olofsson will lead an informal meeting the conference “Future of Space in Europe with competitiveness ministers regarding and Beyond” (Brussels) Public hearings the conversion to an eco-efficient economy. n Mr Antonio Tajani delivers a speech Workshop on Anti-Personnel The objective is to discuss how Europe at the EIN (European Ideas Network) Landmines can become more competitive and Summer University (Vienna) 10:45 - 12:30, Brussels, ASP 5G3 simultaneously manage current challenges n Mr participates in the The Sub-Committee on Security and within climate and energy. Blog Action Day Defence (SEDE) will hold a workshop on Informal meeting of ministers for research n Mr Joaquín Almunia meets The Austrian “Anti-Personnel Landmines: achievements 15 October (17:00–23:00) and 16 October Social Partners (Brussels) and practices a decade after the 1997 Mine (9:00-12:30), Umea (Sweden) n Mr Paweł Samecki at the XV Conference Ban Treaty”. Guest speakers will include of the Outermost Regions Presidents and Ambassador Stephan HUSY, Director Conference on environment, climate regional visit to the Canary Islands (15-16): of the Geneva International Centre for change and security meets Mrs Marie-Luce Penchard, Secretary Humanitarian Demining, a representative Stockholm of State for the Overseas Entities of France of the Swedish Presidency, (tbc), and a It will focus on the consequences of climate (Las Palmas de Gran Canaria); gives a Commission representative. change for the most vulnerable societies speech at the Conference of the Presidents Contact: Istvan Perger, 00322 284 09 24, and regions in the world, as well as reflect of Ultra-peripheral Regions: “The Ultra- [email protected], 0032- the growing challenges to emerging peripheral Regions at the Horizon of 2020”, 49898.33.30 economies and developed countries. Seat of the Presidency of the Government (Las Palmas de Gran Canaria); visits Other events Labour Migration and its Canary Islands Institute of Marine Sciences Journalism Prize Award Ceremony Development Potential in the Age of (ICCM) (Taliarte); visits the Canary 09:00 - 11:30, Room JAN 4Q2 Mobility Technological Institute (Pozo Izquierdo) President Jerzy Buzek will present winners 15 and 16 October, Malmö (15). Visits the Institute of Astrophysicists with the European Parliament Prize for The conference has two overall themes: of the Canary Islands (IAC) (Roque de los Journalism. This second edition will again labour migration and the development Muchachos); visits a banana plantation go to journalists who have covered major potential of circular migration. The (San Andres y Sauces); gives a Press European issues or promoted a better conference is intended for officials and Conference at La Palma Island Council understanding of the EU institutions and/or experts, and aims at contributing to policy (Santa Cruz de la Palma); visits the historic EU policies. The EU-wide winners in the development within the EU. quarter of Santa Cruz de la Palma (16) categories for the written press, internet, n Mr receives Mr Antonio radio and television each receive a trophy 8th European Round Table on Buonfiglio, Italian Secretary of State for and € 5 000. The awards ceremony will Poverty and Social Exclusion Fisheries be followed by a panel discussion on 15 and 16 October, Stockholm n Mr Maroš Šefcovic takes part in the the theme “The role of new media: an Social inclusion in times of recession - New Brussels Debates (Residence Palace) opportunity for democratic participation?”. challenges for the Active inclusion strategy n Mrs Neelie Kroes delivers a speech to the Over 60 national winners from the Member is the theme for the 8th Round Table on Harvard Club (Brussels) States will attend the event, as well as 40 Poverty and Social Exclusion. n Mrs Mariann Fischer Boel receives Mr young journalists who are participating Christopher Stopes, EU group President

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of IFOAM (International Federation of 09:30 their capital, with a view to making such Organic Agriculture Movements) Grand Chamber safeguards equivalent (OJ 1977 L 26, p. n Mrs Mariann Fischer Boel delivers n Opinion C-28/08 P: Commission v 1), (2) the Commission Recommendation a speech at the Inaugural award of Bavarian Lager of 25 July 1977 concerning a European “Innovation Prize for Women Farmers” Law governing the institutions code of conduct relating to transactions in (COPA women’s committee) Appeal against the judgment of the Court transferable securities (OJ 1977 L 212 p. n Mrs Mariann Fischer Boel delivers of First Instance (Third Chamber) of 8 37), (3) Council Directive 79/279/EEC of 5 a speech at the EPC (European Policy November 2007 in Case T-194/04 The March 1979 coordinating the conditions for Centre) (Residence Palace) Bavarian Lager Co. Ltd v Commission of the admission of securities to official stock n Mr Vladimír Špidla in Sweden (15-16): the European Communities annulling the exchange listing (OJ 1979 L 66, p. 21) and attends the SE presidency conference Commission’s decision of 18 March 2004 (4) Article 3(1)(a) of Directive 2004/25/EC “Labour Migration and its Development refusing the applicant access to a document of 21 April 2004 on takeover bids (OJ 2004 Potential in the Age of Mobility” (Malmö); concerning a meeting held in connection L 142, p. 12) – Is there, in Community inaugurates the social Europe ‘Circus with proceedings for failure to fulfil Treaty law, a general principle of the equality of event’ (Stockholm) (15). Delivers a speech obligations relating to the United Kingdom shareholders? – If so, what is the scope at the SE presidency conference “ What provisions on the sale of beers from other ratione materiae and ratione temporis of does Gender Equality mean for Economic Member States in public houses in the that principle? Growth and Employment “; delivers a United Kingdom – Interpretation of Article Advocate General : Trstenjak speech at the closing session of the SE 4(1)(b) of Regulation (EC) No 1049/2001 presidency Round Table Dialogue on of the European Parliament and of the 09:30 Poverty and Social Exclusion; delivers a Council of 30 May 2001 regarding public Fourth Chamber speech at the closure of the EU-China access to European Parliament, Council n Judgment C-138/08: Hochtief and Linde- High Level Social security roundtable (16) and Commission documents (OJ 2001 L Kca-Dresden n Ms Catherine Ashton receives Mr Kim 145, p. 43) Freedom to provide services Jong-Hoon, South Korean Trade Minister, Advocate General: Sharpston Reference for a preliminary ruling for the initialling of the EU-South Korea – Fovárosi Ítélotábla (Hungary) Free Trade Agreement (FTA): photo op for 09:30 – Interpretation of Article 22(2) and (3) journalists Third Chamber of Council Directive 93/37/EEC of 14 n Ms Meglena Kuneva delivers a keynote n Judgment C-35/08: Busley and Cibrian June 1993 concerning the coordination speech at the 5th Women’s Forum for the Free movement of capital of procedures for the award of public Economy and Society (Deauville, France) Reference for a preliminary ruling works contracts (OJ 1993 L 199, p. 54), – Finanzgericht Baden-Württemberg and of Article 44(3) of Directive 2004/18/ (Germany) – Interpretation of Articles EC of the European Parliament and of 18 and 56 of the EC Treaty – National the Council of 31 March 2004 on the Court of Justice income tax legislation limiting the ability to coordination of procedures for the award 09:30 deduct losses arising from the rental of real of public works contracts, public supply Second Chamber property to those losses relating to property contracts and public service contracts (OJ n Judgment C-403/06 P: Ayadi v Council located on national territory, and reserving 2004 L 134, p. 114) – Whether it is possible Common foreign and security policy to such property alone the application of a to continue a negotiated procedure with Appeal against the judgment of the Court more favourable method of depreciation publication of a contract notice where of First Instance (Second Chamber) of 12 Advocate General: Sharpston the number of suitable candidates is less July 2006 in Case T-253/02 Chafiq Ayadi v than the minimum number of the range Council of the European Union by which 09:30 prescribed in the contract notice, and less the Court of First Instance dismissed an Fourth Chamber than the minimum number prescribed for application seeking annulment in part of n Judgment C-101/08: Audiolux and that purpose in the above-cited directives Council Regulation (EC) No 881/2002 Others Advocate General : Mengozzi of 27 May 2002 imposing certain specific Approximation of laws restrictive measures directed against certain Reference for a preliminary ruling 09:30 persons and entities associated with Usama - Cour de cassation (Grand Duchy of Third Chamber bin Laden, the Al-Qaida network and the Luxembourg) – Interpretation of (1) n Judgment C-196/08: Acoset Taliban, and repealing Council Regulation Articles 20 and 42 of the Second Council Freedom to provide services (EC) No 467/2001 prohibiting the export of Directive 77/91/EEC of 13 December 1976 Interpretation of Articles 43, 49 and 86 certain goods and services to Afghanistan, on coordination of safeguards which, for EC – Attribution of water service to a strengthening the flight ban and extending the protection of the interests of members semi-public company, designating, in the freeze of funds and other financial and others, are required by Member States accordance with a competitive procedure, resources in respect of the Taliban of of companies … in respect of the formation a private participant in that company to Afghanistan (OJ 2002 L 139, p. 9) of public limited liability companies be responsible for managing the service Advocate General: Poiares Maduro and the maintenance and alteration of – Attribution outside the rules governing www.europolitics.info Sold by subscription only © reproduction strictly prohibited in any language EUROPOLITICS N° 3836 Monday 12 October 2009 21

the award of public procurement contracts of 26 May 2003 for public participation 09:30 Advocate General : Ruiz-Jarabo Colomer in respect of the drawing up of certain Third Chamber plans and programmes relating to the n Hearing C-370/08: Data I v O 09:30 environment and amending with regard to Common Customs Tariff Seventh Chamber public participation and access to justice Reference for a preliminary ruling n Judgment C-232/08: Commission v Council Directives 85/337/EEC and – Bundesfinanzhof – Interpretation of Netherlands 96/61/EC - Statement by the Commission Note 5(B) to Chapter 84 of the Combined Fisheries policy (OJ 2003 L 156, p. 17) – Local non-profit- Nomenclature of the Common Customs Failure to fulfil obligations – Infringement making association which participated Tariff in Annex I to Council Regulation of Article 29(2) of Council Regulation in the preliminary planning consent (EEC) No 2658/87 of 23 July 1987 on the (EC) No 850/98 of 30 March 1998 for the proceedings for a project which may have tariff and statistical nomenclature and on conservation of fishery resources through significant effects on the environment the Common Customs Tariff (OJ 1987 L technical measures for the protection of – National legislation making the right of 256, p. 1), as amended by Commission juveniles of marine organisms (OJ 1998 L non-profit-making associations to appeal Regulation (EC) No 1810/2004 of 7 125, p. 1), Article 23 of Council Regulation against planning consent decisions for such September 2004 (OJ 2004 L 327, p. 1) – of 20 December 2002 on the conservation projects subject to the conditions that an Electrical adapter ensuring the transmission and sustainable exploitation of fisheries association’s purpose under its statutes is of data from a programming machine to the resources under the Common Fisheries environmental protection, that it has been electronic components to be programmed Policy (OJ 2002 L 358, p. 59) and Article active for at least three years and that it has and containing a memory chip ensuring 2(1) of Council Regulation (EEC) No at least 2 000 members the storage of the programming process 2847/93 of 12 October 1993 establishing a Advocate General : Sharpston – Possibility of classification under heading control system applicable to the common 8471 of the Combined Nomenclature fisheries policy (OJ 1993 L 261, p. 1) 09:30 – Fishing for plaice – Inspection and Fourth Chamber 09:30 control of fishing vessels and their activities n Judgment C-275/08: Commission v Second Chamber – Responsibility of the Member States Germany n Opinion C-408/08 P: Lancôme v Office Advocate General : Mazák Freedom to provide services for Harmonisation in the Internal Market Failure of a Member State to fulfil and CMS Hasche Sigle 09:30 obligations – Breach of Article 6, in Intellectual property Sixth Chamber conjunction with Article 9, of Council Appeal brought against the judgment of the n Judgment C-255/08: Commission v Directive 93/36/EEC of 14 June 1993 Court of First Instance (Second Chamber) Netherlands coordinating procedures for the award of of 8 July 2008 in Case T-160/07 Lancôme Environment and consumers public supply contracts (OJ 1993 L 199, p. v OHIM – CMS Hasche Sigle in which Failure of a Member State to fulfil 1) – Contract for the supply of a software the Court of First Instance dismissed the obligations – Incorrect transposition of application designed for motor vehicle action brought by the appellant against the Article 4(2) and (3) in conjunction with registration concluded without contracting decision of the Second Board of Appeal Annexes II and III of Council Directive procedures between two bodies governed by of OHIM of 26 February 2007 declaring 85/337/EEC of 27 June 1985 on the public law responsible for data-processing invalid the registration of the trade mark assessment of the effects of certain public on behalf of local authorities COLOR EDITION in respect of cosmetic and private projects on the environment, Advocate General : Trstenjak and make-up goods – Infringement of as amended by Directives 97/11/EC and Articles 7(1)(c) and 55(1)(a) of Council 2003/35 (OJ 1985 L 175, p. 40) 09:30 Regulation (EC) No 40/94 of 20 December Advocate General : Kokott First Chamber 1993 on the Community trade mark n Judgment C-324/08: Makro (OJ 1994 L 11, p. 1) – Legal standing to 09:30 Zelfbedieningsgroothandel and Others bring an application for a declaration of Second Chamber Approximation of laws a trade mark’s invalidity – Law firm – No n Judgment C-263/08: Djurgården-Lilla Reference for a preliminary ruling – Hoge private economic interest to apply for a Värtans Miljöskyddsförening Raad der Nederlanden – Interpretation declaration of the invalidity of a cosmetics Environment and consumers of Article 7(1) of First Council Directive trade mark – Noticeable difference between Reference for a preliminary ruling – Högsta 89/104/EEC of 21 December 1988 to the association created by the terms domstolen – Interpretation of Articles 1(2), approximate the laws of the Member States suggested for the purpose of a trade mark’s 6(4) and 10a of and of point 10 of Annex relating to trade marks (OJ 1989 L 40, p. 1) registration and the everyday language II to Directive 85/337/EEC of 27 June – Exhaustion of the right conferred by the used by the target public to describe the 1985 on the assessment of the effects of mark – Product placed on the market in the goods and services at issue or their essential certain public and private projects on the Community or the EEA by the trade mark characteristics. environment (OJ 1985 L 175, p. 40), as proprietor or with his consent – Implicit Advocate General : Ruiz-Jarabo Colomer amended by Directive 2003/35/EC of the consent – Conditions European Parliament and of the Council Advocate General : Ruiz-Jarabo Colomer

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09:30 treatment between men and women in the Second Chamber access to and supply of goods and services n Judgment C-425/08: Enviro Tech (OJ 2004 L 373, p. 37) Conferences and (Europe) Advocate General : Mengozzi Environment and consumers seminars Reference for a preliminary ruling 09:30 15 and 16 October, Brussels – Conseil d’Ètat (Belgium) – Validity, in Sixth Chamber n The ambitions of Europe in Space the light of Framework Council Directive n Judgment C-30/09: Commission v - Egnos, Galileo, GMES 67/548/EEC of 27 June 1967 on the Portugal Subject: the Conference will allow an approximation of laws, regulations and Environment and consumers assessment of the implementations of these administrative provisions relating to the Failure of a Member State to fulfil its two major space programs and shall also classification, packaging and labelling obligations – Infringement of Article provide a new insight into the development of dangerous substances (OJ, English 11 of Council Directive 96/82/EC of 9 prospects of their countless expected Special Edition 1967, p. 234), in particular December 1996 on the control of major- applications to the benefit of governments, Annex V (point A.9) and Annex VI (point accident hazards involving dangerous businesses and citizens. 4.2.3) thereto, of Commission Directive substances (OJ 1997 L 10, p. 13), as Organisers: in partnership with the 2004/73/EC of 29 April 2004 adapting to amended by Directive 2003/105/EC of the European Commission, the European technical progress for the twenty-ninth European Parliament and of the Council of Space Agency, the European Investment time Framework Directive 67/548/EEC 16 December 2003 (OJ 2003 L 345, p. 97) Bank (OJ 2004 L 152, p. 1) – National provisions – Failure to draw up external emergency Contact: Vanderauwera Joëlle: unlawful on the ground that they transpose plans for certain establishments 32(0)473.420968, [email protected] a directive presumed to be contrary to the Advocate General : Trstenjak Venue: European Commission, framework directive – Classification of the Charlemagne Building substance called n-propyl bromide as a www.spaceconference.eu. highly flammable and toxic substance Advocate General : Bot Economic and Friday 16 October 09:30 Social Committee Fourth Chamber Stockholm n Hearing C-525/08: Bienek n Participation of a SOC Delegation European Transport (Ms King, rapporteur SOC/339, Ms The text is not available in English Prud’Homme, rapporteur SOC/338, and Parliament Mr Olsson, President SOC/339) to the The President’s diary 09:30 8th Round Table on Poverty and Social Official visit to Austria Sixth Chamber Exclusion organised by the Swedish n Judgment C-530/08: Commission v Presidency Hungary Freedom of movement for persons 15-16 October, Brussels Council of Failure of a State to fulfil its obligations n Conference on The future of space in – Failure to take the necessary measures to Europe and beyond (sponsored by the Ministers comply with Directive 2005/36/EC of the Committee) on 15 and 16 October 2009 Informal Meeting of European Parliament and of the Council at the European Commission, reception Competitiveness Ministers of 7 September 2005 on the recognition of organised by the EESC (TEN) on 15 14 to 16 October, Umea (Sweden) professional qualifications (OJ 2005 L 255, October in the Committee Informal meeting of ministers for research p. 22) 9h00-12h30 Advocate General : Trstenjak Stockholm On the final day, Minister for Higher n Participation of Béatrice Ouin, Education and Research Tobias Krantz 09:30 rapporteur of the exploratory opinion will lead the meeting on strengthening Fifth Chamber SOC/338, in the conference ’What does European cooperation in R&D so that n Judgment C-15/09: Commission v Czech gender equality means for economic growth Europe is better prepared for future Republic and employment’, organised by the Swedish challenges. Social policy Presidency in the framework of the Council Failure by a Member State to fulfil of European Ministers for Equality. Meeting of the Coreper I obligations – Failure to take, within Brussels the prescribed period, all the measures Brussels, at the EESC necessary to comply with Council n Meeting of the Specialised Section Political and Security Committee Directive 2004/113/EC of 13 December for “Employment, social affairs and (PSC) 2004 implementing the principle of equal citizenship” (SOC) Brussels www.europolitics.info Sold by subscription only © reproduction strictly prohibited in any language EUROPOLITICS N° 3836 Monday 12 October 2009 23

EU/United-States/Canada for services in Classes 35 and 36 and of Czech-German Discussion Forum “20 Washinggton D.C. the national figurative mark ‘UniZERO’ years after: from peaceful revolutions to Trilateral meeting between EU, United- for services in Class 36 for annulment of European integration” States and Canada. Decision R 442/2004-2 of the Second Board of Appeal of the Office for Harmonisation Labour Migration and its in the Internal Market (OHIM) of 10 Development Potential in the Age of October 2006, dismissing the appeal against Economic and Mobility the decision of the Opposition Division 15 and 16 October, Malmö which rejected the opposition filed by Social Committee the applicant against the application Paris (France) 8th European Round Table on for registration of the figurative mark n Participation of a SOC delegation (Ms Poverty and Social Exclusion ‘unibanco’ for services in Classes 36 and 38 Batut, Mr Buffetaut, Ms Pichenot) in the 15 and 16 October, Stockholm big outdoor event organised by ATD-Quart Social inclusion in times of recession - New 09:30 Monde to mark the “World Day of Poverty challenges for the Active inclusion strategy Eighth Chamber Rejection. is the theme for the 8th Round Table on n Hearing T-151/07: KONE and Others v Poverty and Social Exclusion. Commission Competition Sunday 18 October Annulment or reduction of the fine imposed on the applicants by Commission European Decision C(2007) 512 final of 21 February European 2007 relating to a proceeding under Commission Article 81 EC (Case COMP/E-1/38.823 Commission Travel and visits – PO/Elevators and Escalators) concerning Travel and visits n Speech by Joaquín Almunia at the a cartel in the market for the installation n Mr Stavros Dimas participates in the Zurich International Advisory Board and maintenance of mechanical lifts Major Economies Forum (MEF) (18-19, Meeting (Barcelona) and escalators in Belgium, Germany, London) n Mr Joe Borg participates in the Luxembourg and the Netherlands involving conference “The Ambitions of Europe in manipulation of tenders, allocation of Space” (Brussels) markets, price-fixing, award of projects n Mr Olli Rehn delivers a keynote speech and associated contracts and exchange of Economic and at the Bosphorus Conference 2009 information (Istanbul) Social Committee n Mr Karel De Gucht meets Mr João 18-19 October, Alexandria (Egypt) Cravinho, Secretary of State for Foreign n Euromed Summit of Economic and Affairs and Cooperation of Portugal Committee of the Social Councils and Similar Institutions (Lisbon) n Mrs Benita Ferrero-Waldner participates Regions in the Opening of the new House of the Gödöllö (Hungary) European Union (Vienna) n External seminar of the CONST Conferences and n Mrs Androulla Vassiliou visits the Commission (Commission for European Food Safety Authority (EFSA) Constitutional Affairs, European seminars (Milan) Governance and the Area of Freedom, 18-21 October, Athens Security and Justice) on “Implementing n World Forum on Energy Regulation IV Citizens’ Rights at Local and Regional Subject: The key themes of the Forum Level” are: Reliability and security of supply; The Court of First role of regulators in responding to climate Instance change; Competitiveness and affordability; Saturday 17 October The independence, powers, responsibilities, 09:30 best practices and training of regulators Third Chamber Contact: [email protected], Tel: +30 n Hearing T-392/06: Union Investment European 210 3727 402/424 - +30 210 3727 482 Privatfonds v OHMI - Unicre-Cartão Venue: Athenaeum Inter-Continental Hotel International De Crédito (unibanco) Commission in Athens, Greece. Intellectual property Travel and visits www.worldforumiv.info Community trade mark – Action brought n Mr Vladimír Špidla in Germany: signs by the proprietor of the national figurative the city’s golden book at the town hall marks ‘UniFLEXIO’ and ‘UniVARIO’ of Leimen; attends the 3rd Panel of the

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Court of Main Cases justice A selection of cases before the Court of Justice and Court of First Instance, for the week of 12 October

Thursday 15 October antee of access to justice to non-govern- the Bundesgerichtshof (Germany) is to - Audiolux and others, case C-101/08. mental organisations whose stated pur- do with whether a change in a flight res- Approximation of laws. pose is environmental protection and ervation by a tour operator (and not the This request by Luxembourg’s ‘Cour that have at least 2,000 members. The carrier) constitutes a situation covered de cassation’ for a preliminary ruling Djurgården-Lilla Värtans environmen- by article 4.3 of regulation 261/2004 seeks to know whether certain provi- tal protection association opposed dig- establishing common rules on com- sions of acts adopted by the Community ging work for high-voltage power lines pensation and assistance to passengers regarding company law allow for the as planned by the municipal council of in the event of denied boarding and of conclusion that there is a general prin- Stockholm because of the significant cancellation or long delay of flights, and ciple of law relating to the equality of effects on the environment. An envi- can give rise to compensation. shareholders that would protect a com- ronmental legal authority declared the pany’s minority shareholders if it were appeal inadmissible because the asso- Friday 16 October taken over by another company insofar ciation did not have 2,000 members, as - Hearing in the KONE and others/ as they would have the right to give up required by the Swedish environmental Commission case T-151/07. their securities under identical condi- code. The advocate-general’s conclusion: Competition. This hearing comes tions to those of all other shareholders. At An environment protection non-govern- in the wake of several others in recent the heart of the case is a dispute between mental organisation that fulfils the con- weeks on similar topics: the annul- the minority shareholders of the public ditions relating to “the public concerned” ment of the Commission’s decision,of limited company RTL Group on the automatically has the right to appeal by 21 February 2007 relating to a cartel in one hand, and the Belgian legal entity virtue of the above cited directive. The the market for installing and servicing Groupe Bruxelles Lambert (GBL), the latter opposes a rule that restricts access elevators and escalators in Belgium, German legal entity Bertelsmann AG to justice to only those environment pro- Germany, Luxembourg and the Neth- (Bertelsmann), the public limited com- tection non-governmental organisations erlands, with regard to the handling of pany RTL Group and members of RTL that have at least 2,000 members. tenders, sharing markets, setting prices, Group’s governing board on the other. allocating projects and sales contracts, In their petition, the former are asking - Commission/Bavarian Lager case, C- the installation, upkeep and moderni- for the cancellation of an agreement 28/08 P. sation of equipment and exchange of reached between GBL and Bertelsmann Law governing the institutions. The information. by virtue of which GBL gave up its share Commission is contesting a Court of of 30% in the capital of RTL Group to First Instance judgment (T-194/04), Also to be noted Bertelsmann in exchange for 25% of which annulled its refusal to reveal the Monday 12, Tuesday 13 and Wednes- Bertelsmann’s capital. The minority names of the participants of a meet- day 14 October: shareholders want the other parties in ing. Bavarian Lager, which triggered Hearings in the cases of Shell Petro- the legal dispute to be declared equally the initial complaint, asked the Com- leum and others/Commission T-38/07, responsible for the harm that they have mission for the minutes of the meet- ENI/Commission T-39/07, Dow Chem- suffered. The advocate-general’s conclu- ing by virtue of the regulation relating ical and others/Commission T-42/07, sion: in Community law there is no gen- to access to Community institutions’ T-44/07 Kaučuk/Commission. These eral principle of law forcing shareholders documents (regulation 1049/2001) and appeals are to do with a Commission to be treated equally. had its request opposed because of the decision of 29 November 2006 (C(2006) exception relating to the protection of 5700 final in the case COMP/F/38.638 ) - Djurgården-Lilla Värtans Miljöskydd- privacy and data protection guaranteed which concluded that there had been a sförening, case C-263/08 by regulation 45/2001. The tribunal restrictive agreement on the butadiene Environment and consumers. In this rejected this argument as the persons at rubber and emulsion styrene butadiene request for a preliminary ruling, the issue were acting as the representative of rubber market on the fixing of price Högsta domstolen (Sweden’s supreme a body and therefore couldn’t make use targets, non-aggression pacts and the court) would like to know if directive of this regulation, which was about the exchanging of commercial information. 85/337 concerning the effects of certain protection of private life. The applicants, fined for this agreement, public and private projects on the envi- are asking the tribunal to annul the deci- ronment, amended in 2003 to be in line - Hearing in the Bienek case C-525/08. sion and their fines. n with the Aarhus Convention, allows for Transport. national legislation to restrict the guar- This preliminary question asked by

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