ISSUE 35 DECEMBER 2009

IN THIS ISSUE:

News NEWS IN BRIEF The Lisbon Treaty The next Commissioners Role of National Parliaments The Lisbon Treaty EU 2020 The Treaty came into force on 1 December Spanish Presidency priorities 2009, bringing with it a new President of the Cohesion Policy Council, Herman Van Rompuy and High The Stockholm (JHA) programme Representative, Lady . Iceland’s EU application Lady Ashton, in what was billed as a pre- Other News hearing, outlined her views to the European Upcoming meetings & events Parliament (2 December 2009). Contact details The next Commission President Barroso has published a list of Cohesion Policy Commissioners-designate (27 November Outgoing Regional Policy Commissioner 2009). Full details are included in Appendix Pawel Samecki has published a ‘blue print’ i. In addition Barroso revised some of the for regional policy to serve as a reference portfolios, detailed in Appendix ii. document for his successor (3 December 2009). Role of National Parliament President Barroso has written to the The Stockholm (JHA) programme speakers of each National Parliament The European Parliament approved the details of the Stockholm Programme (25 outlining details of their enhanced role post- November 2009). The issue will be signed Lisbon. off by Heads of Government at their summit ‘EU 2020’ (11 – 12 December 2009). The Commission has launched a consultation Financial Supervision on a successor to the Lisbon Agenda (24 The ECOFIN Council reached agreement on November 2009) with a closing date of 15 the establishment of three Financial January 2010. Supervisory Authorities (3 December Spanish Council Presidency Priorities 2009). The matter will be discussed by the Spanish Europe Minister Diego López Garrido Parliament in the New Year.

has outlined 4 priorities for his country’s Iceland’s EU Application presidency: (i) Jobs & the Economy; (ii) The prospects for Iceland’s application for EU Lisbon Treaty Implementation; (iii) membership are discussed. Keys issues Citizenship; and (iv) Foreign Affairs. Spain include fisheries, absorption of the aquis will take on the Presidency on 1 January communautaire, and Icelandic public opinion. 2010.

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THE LISBON TREATY external affairs, a position for which she Proposal must be scrutinised by the European The Lisbon (Reform) Treaty Parliament as part of Barroso’s College (see below). All being well, she will Current status assume her Commission duties when the The Lisbon Treaty came into force on 1 new College comes into office, expected December 2009. to be 1 February 2010.

As part of her duties, Lady Ashton will What’s happening? head the European External Action Les Grands Fromages. Herman Van Service, the EU’s diplomatic corps, which Rompuy, prime minister of Belgium, was will bring together 6,000 officials from chosen by EU leaders at their specially- the European Commission, permanent convened summit to become the first Council staff and national ministries. permanent President of the European Council (19 November 2009). The Lady Ashton appeared before the UK’s Lady Catherine Ashton, the serving European Parliament’s Foreign Affairs EU Trade Commissioner, was selected to Committee for what has been described be the first High Representative for as a ‘pre-hearing’ (2 December 2009). Foreign Affairs and Security. Van (Lady Ashton will be interrogated Rompuy and Ashton took up their formally by MEPs as part of Barroso’s positions on 1 December 2009, as the team, week commencing 11 January Treaty came into force. Van Rompuy 2010). The High Representative set out will begin to formally exercise his duties several principles by which she would be as Council President from 1 January guided including respect for Parliament 2010. Both will serve in the first and a commitment to promoting human instance a two-and-a-half year term. rights and other European values.

The President of the Council. Herman Commenting on her role, Lady Ashton Van Rompuy will chair the quarterly EU admitted that she is still in the dark as Heads of Government ‘summits’. He will to her precise job description as it is also represent the EU at international ‘brand new’. She went on, ‘we're Heads of State & Government actually still working on what the Treaty gatherings, whilst Lady Ashton (see means, in terms of pulling our budget below) is expected to represent the EU together [and] what it means at a Foreign Ministerial level. The Lisbon [regarding] the relationship with the rotating [EU] presidency,’. treaty is vague of the specific duties of the two positions, and it is widely Lady Ashton outlined how she would expected that the incumbents will define balance her mandate as the High their own roles and relationships (with Representative and Commission Vice each other, with the holders of the President. As High Representative she rotating Council Presidency, European would ensure consistency between the Parliament and with the Commission) different areas of the EU’s common foreign and security policy (CFSP). She The High Representative. In addition to informed members that she would be being EU High Representative, Lady using the right of initiative conferred to Ashton, will become a vice president of the High Representative by the Treaty to the Commission with responsibility for make proposals in the area of CFSP. ‘I

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will draw my authority in international continue to be based on the weighted negotiations from the European Council voting agreed in the 2000 Nice in which I will take part, and from the Treaty. After that date, voting will be Foreign Affairs Council […] which I will based on a ‘double majority’ system chair from January. The Council will requiring 55% of member states deliberate, will determine views, with my representing 65% of the EU support and input, and that will be the population to pass a decision. (From voice I will speak with.’ She emphasised 2014 to 2017 a member state can that she would be an active member of ask to revert to the old rules in any the European Commission as Vice vote. States just short of a blocking President and would therefore draw on minority may invoke a mechanism to its many resources and instruments. delay EU decisions for several months). The High Representative’s main priority • Qualified majority voting (QMV) is for the coming months would be to set extended to the area of Justice & up the European External Action Service Home Affairs. (EEAS). ‘The External Action Service will • National Parliaments will be given an add value to what our member states input into the development of EU already do, and in many areas can offer laws (see below), and the ability to a ‘one-stop shop’ to those who want it delay legislation (the Ionnina and need it. It is a unique selling point Clause). for many of our partners, and I will • A new right of Citizens’ Initiative will make it my legacy and first priority to enable groups that can gather one establish.’ million signatures to call upon the The first priority of the EEAS, once Commission to bring forward policy established, will be to conduct a review proposals. of the EU’s external policy in certain key • The treaty introduces a formal option areas such as the Middle East, the for a country to leave the EU under Balkans, Afghanistan and Africa and negotiated terms relations with strategic partners such as the US, Russia and China. THE NEXT COMMISSION Other changes Proposal • The powers of co-decision will be n/a extended, becoming the ordinary legislative procedure for law making Current status in the institutions. This will have The Commission President published a particular impact in Justice, list of Commissioners-designate (27 Agriculture & Fisheries. November 2009), which is reproduced • From 2014, the size of the below as Appendix i. Commission will be capped at two thirds of the number of member What’s happening? states. The distribution of portfolios is the • The number of seats in the European prerogative of the Commission Parliament will increase from 751 to President. However, member states 736. actively lobby for particular briefs. Once • Until 2014 decision-making will appointed, the Commissioners do not

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represent their countries, although they years. are often seen as the most senior In announcing the Commissioners- national position in the EU. designate, President Barroso The new Commission will see 12 emphasized five key challenges facing Commissioners returning (see appendix Europe: (i) Restarting economic growth i), and will have nine women, one more and ensuring long–term sustainability than Barroso’s first College. Six and competitiveness for the future; (ii) members of the Commission will have Fighting unemployment and reinforcing served in the European Parliament. social cohesion; (iii) Turning the challenge of a sustainable Europe to a Three new portfolios have been created: competitive advantage; (iv) Ensuring the • Climate action, to be held by security of Europeans; and (v) Denmark’s Connie Hedegaard. Reinforcing EU citizenship and Hedegaard is currently hosting the participation. UN climate conference in

Copenhagen (7 - 18 December).

• Justice, Fundamental Rights and ROLE OF NATIONAL PARLIAMENTS Citizenship, to be held by Vivane Proposal Reding. This post will inherit The Lisbon Treaty; Protocol I on the role many of the responsibilities and of national parliaments in the EU & powers of the previous portfolio, Protocol II on the application of the ‘Justice, Freedom & Security’, principles of subsidiarity and including ownership of the proportionality. Stockholm Programme and

discrimination. Current status • Home Affairs (internal affairs and The Lisbon Treaty came into force on 1 migration), to be held by Cecilia December 2009. Following this, Malmström. This portfolio will Commission President Barroso and inherit frontier issues, police, outgoing Vice-President Margot drugs and the operation of the Wallström sent a letter to the speakers Schengen and Visa Systems. of the EU 27’s national parliaments (in Full details of the changes to the total 40 upper and lower chambers), Commissioner portfolios are detailed in informing them of their increased Appendix ii below. powers under the Treaty.

The hearings of the Commissioners- What’s happening? designate should last three hours each The Lisbon Treaty enshrines for the first and will take place on 11 - 15 January time a role for national parliaments in 2010 in Brussels and on 18 and 19 the development of European law. January 2010 in Strasbourg. The National Parliaments will have the right Parliament has scheduled a special mini- to raise objections to Commission session for 26 January 2010 to debate proposals on the grounds of a breach in and vote on the new Commission. The the application of the subsidiarity College will take office, it is expected on principle via the so-called ‘yellow and 1 February 2010, and will serve for 5 orange card’ procedure.

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• Yellow card. If one third of transmitted to national parliaments, with national parliaments agree that a an invitation to react, so improving Commission legislative proposal is policy formulation. Between 2006 and in breach of the subsidiarity the end of 2008, national parliaments principle, the Commission will be transmitted some 368 opinions to the obliged to reconsider it. Commission: Portuguese Assembleia da • Orange card. If the Commission Republica, 84; the French Sénat, 53; the maintains its proposal the German Bundestag, 39; the UK House of objection of a simple majority of Lords, 33; the Danish Folketinget, 23; national parliaments will compel and the Czech Senate, 22. the Commission to refer the The Barroso/ Wallström letter details a matter to the Council and number of practical ways in which the Parliament, who will then decide Commission intends to improve the flow upon the matter. of information with national parliaments: The Lisbon Treaty also gives national • The Commission will send all parliaments consultations and draft laws to • an enhanced right to information national parliaments • new powers to scrutinise policy in electronically, at the same time as the areas of freedom, justice and they are sent to the Parliament security, with powers for one or and/or the Council. more national parliaments to veto • Draft legislative acts falling under proposals the scope of the subsidiarity • more time to scrutinise draft law control mechanism, i.e. all draft (increased from 6 to 8 weeks), laws in the field of shared and the recognition of a competences, will be accompanied discretionary role for regional by a transmission letter (‘lettre de assemblies. saisine’), explicitly mentioning the • a new clause within the Treaty procedure referred to in Protocol outlining all the formal functions No 2 of the Treaty and specifying of national parliaments in relation the deadline for comment. to EU affairs • At the end of each week, the Commission will send a reminder The letter from Barroso and Wallström of documents that have been sent states that, ‘the new treaty recognises to each national parliament in the the central importance of national course of the preceding week. parliaments in the democratic fabric of Should the non-receipt of a the EU’. The letter contends that the document by a National outgoing Commission has been, ‘a Parliament have an impact on the strong advocate of an increased role for deadline mentioned in Protocol No national parliaments,’ and cites some 2, the Commission will fix a new 500 meetings with national parliaments deadline on an ad-hoc basis, between 2004 and 2010. taking into account the respective It goes on to highlight the, ‘enthusiastic delay, and inform the national response,’ of parliaments to the Barroso parliament accordingly. For all Initiative, whereby all Commission other national parliaments, the proposals and consultation papers are original deadline will apply.

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• In order to take account of National Parliaments’ summer THE NEXT ‘LISBON AGENDA’ recesses, the Commission Proposal considers that the month of ‘EU 2020: a new strategy to make the August should not be taken into EU a smarter, greener social market’ account when determining deadlines. Current status • The Commission invites National The Commission launched a consultation Parliaments to distinguish in their on developing a successor to the Lisbon opinions as far as possible Agenda to make Europe a ‘smarter, between subsidiarity aspects and greener social market,’ by 2020 (24 comments on the substance of a November 2009). The closing date for proposal, and to be as clear as the consultation is 15 January 2010. possible regarding their assessment of a proposal’s What’s happening? compliance with the principle of The ‘EU 2020’ strategy will succeed the subsidiarity. Lisbon (Growth & Jobs) Strategy, which • The Commission requests that will end in 2010. It is widely accepted National Parliaments distinguish that the (much revised) Lisbon Strategy between subsidiarity aspects and has not delivered against its stated (and comments on the substance of a re-stated) objectives. The consultation proposal I their opinions, and to makes clear that it wishes to avoid the be as clear as possible regarding mistakes of the predecessor strategy their assessment of a proposal’s and also to apply the lessons learned compliance with the principle of during the construction of the European Economic Recovery Plan. subsidiarity. The Commission believes that the EU An extraordinary meeting of the EU 2020 strategy should focus on policy parliamentary speakers conference will areas where co-operation between the take place in Stockholm to debate the EU and Member States can deliver details of how the European Parliament results. In terms of challenges to be and National Parliaments will co-operate addressed, the commission highlights (12 December 2009). The European • the re-shaping of public expenditure, Parliament rules of procedure will be without cutting spending on amended to take the results of this education and research meeting into account. • using energy, natural resources and raw materials more efficiently • the challenge of demography • the need to raise employment levels • the modernisation of social protection systems, labour markets and education systems • enhancing the mobility of workers

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To respond to these challenges the growth, create new jobs and Commission lists three priorities that it services. The Commission believes believes should drive the EU 2020 this will be stimulated by: (i) strategy: more efficient use of resources 1. Creating value by basing growth and the application of new on knowledge. Strengthening greener technologies; (ii) a shift education through investing in in the economy towards and reforming universities by sustainability through targeted consolidation, closer co-operation regulation, emissions trading, tax with business, global reform, grants, subsidies/loans, benchmarking and openness to public investment and change; making the European procurement policies, and Research Area more effective by targeted research and innovation pooling resources and creating budgets; (iii) the development of joint research infrastructures; upgraded transport and ‘smart’ facilitating innovation and energy infrastructures; (iv) creativity through incentives to investing in low carbon electricity help knowledge-based firms grow; generation and a European and better use the potential of the electricity super-grid; and (v) a digital economy to create an new integrated industrial policy Online Single Market. with emphasis on innovation 2. Empowering people in inclusive capacity, eco-innovation, enabling societies. Recognising that many technologies and skills. of the jobs lost through the The Commission concedes that one of current recession will not be the central failings of the Lisbon replaced, the Commission wants Strategy was its failure to energise the to put greater emphasis on various actors at Community, national flexicurity; skills, as the key and local level. To that end the element of a life long learning commission believes that there is a need strategy; labour mobility; for increased policy coordination and employment as a safeguard integration to: against exclusion; modernisation • fully exploit the single market, by of social security and pension updating it to the needs of a digital systems; and the promotion of services economy self-employment as an option for • set the EU 2020 in a global context, the unemployed. by acting decisively at an 3. Creating a competitive, connected international levels such as the WTO and greener economy. The and G20 successor strategy foresees the • support growth through full use of EU turning challenges (such as the Stability and Growth Pact, as well high energy prices, restrictions on as a structured reform agenda that carbon emissions and greater still allows for investment in R&D and competition for resources and new technologies, innovation, high- markets) into opportunities, to quality education & skills create a new economy focused on development, and ‘smart’ networks greener technologies to stimulate • reflect the political priorities in the

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public budgets countries to assume the rotating EU • establish clear governance to make presidency. the new strategy effective. Spain will have four main priorities: The consultation will close on 15 • Jobs and the economy. Progressing January 2010. The Parliament is the post-Lisbon ‘EU 2020’, with the expected to contribute an opinion to the spring 2010 Heads of Government consultation later, possibly February expected to be dominated by the 2010. Thereafter the strategy will be strategy. (It should be noted that this presented to the March 2010 Heads of will be the first summit chaired by Government Council for endorsement. Herman Van Rompuy in his capacity The Council is expected to set a limited as President of the Council). number of headline objectives and to define policy actions for pursuit at Spain, which is experiencing amongst community and national levels. the highest unemployment in EU, with levels running at 9.8%, is The relatively short deadline for expected to focus upon job creation response has been much criticised, (and job protection). López particularly since the new Commission Garrido stated that the biggest will not be in office until 1 February challenge for the new strategy would 2010. be monitoring targets, as the Lisbon agenda for growth and jobs had set targets but omitted to monitor the SPANISH PRESIDENCY OF THE countries’ performance. COUNCIL Proposal Also singled out was approval of a n/a new method of supervision of the international financial system. Current status Spain will take up the 6-month rotating • Lisbon Treaty implementation. López presidency of the Council from 1 Garrido noted that the Lisbon Treaty January 2010, the first country to do had provided the ‘tools’ to progress so since the Lisbon Treaty (with its policies, but had not introduced the Permanent President) came into force. policies. He singled out the ‘Citizens Initiative’ (whereby a million What’s happening? signature petition can trigger the Spain has outlined its priorities for its legislative process) as an issue Spain up-coming council Presidency (8 would like to develop. Other issues December 2009). In launching the noted included structuring the presidency priorities, Spanish Secretary enhanced role for national parliaments. of State for EU Affairs, Diego López Garrido, said that his country’s EU The reflection group on the future of presidency will be ‘very particular,’ as it Europe, chaired by former Spanish marks the transition , ‘from the old Nice Prime Minister Felipe González, will model to the new Lisbon Treaty era’. He also publish its interim findings also stressed that Spain had co- during the Spanish Presidency. ordinated its work programme with Belgium and Hungary, the next two • Citizenship. Spain intends to address

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the growing gulf between the EU as COHESION POLICY represented by the actors in Brussels Proposal and those affected by the polices; the EU Cohesion funding citizens of Europe. Developing the EU 2020 vision will be a step toward Current status this end, as will the elaboration of an The year 2010 marks mid point of the action plan for implementing the EU’s current cohesion policy (2007 – ‘Stockholm Programme’ for freedom, 2013). The recent Commission- security and justice in the EU (see sponsored Barca report argued that below). A particular priority for Spain while current cohesion policy structures, will be the adoption of a non- ‘provide the appropriate basis,’ for discrimination directive, which will progress a number of reforms are address amongst other things, required for the EU’s long-term goals to violence against women. succeed in the post-2013 era (6 May 2009). • Foreign affairs. The adoption of the

Lisbon Treaty has given greater What’s happening? impetus to defining the EU’s role on Since its institution in 1986 the the global stage. This is an issue recipients of cohesion funds have moved that will be taken forward by the eastward. The accession of the ten new Spanish Presidency working in member states in 2004, resulted in a collaboration with the new President doubling of the development gap and High Representative. Also likely between the EU’s regions, bringing many to be guided to conclusion during the former recipients (including Scotland) Spanish Presidency is the European above the 75% award threshold. As a External Action Service (EEAS), with result, most beneficiaries of EU cohesion progress expected by the April funds are now located in Central and 2010. López Garrido also noted that Eastern Europe. nine summits will take place during Spain’s Presidency, including the EU- Mindful of this, the outgoing Regional US summit, the EU-Russia summit, Policy Commissioner, Pawel Samecki, the EU-Canada summit, the EU- has published a document outlining his Mediterranean summit, the first EU- blueprint for the future development of Morocco summit, as well as a EU cohesion policy (3 December gathering of Latin American leaders. 2009). The paper is intended to be a reference document for the incoming Commissioner for Regional Policy, Johannes Hahn.

The document endorses the

fundamentals of the EU’s Cohesion Policy

but acknowledges that the context in

which these policies operate has

changed, and the next regional roadmap

must be more aware of the impact of

globalisation, Europe's employment

crisis, and the EU’s goals of green and

sustainable development. To achieve

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these goals, future regional policy must criminal and civil law co-operation, be integrated within all EU priorities, in asylum, migration and visa policy for the particular the successor to the Lisbon period 2010 – 2014. The Programme Strategy, ‘EU 2020’ (see above). was discussed at the informal ministerial meeting in Stockholm (15 – 17 July Further, the paper argues that future 2009) and is expected to be adopted at cohesion policy must focus on ‘results the EU Heads of Government summit and evidence-based policymaking’, with (10 – 11 December 2009). Details of benchmarks to measure the quality of the programme can be found in Brussels results and facilitate comparison Bulletin 34. between Member States. The paper

calls for a system to establish ‘realistic What’s happening? and quantifiable’ targets, e.g. rather The European Parliament approved the than measuring the kilometres of Swedish EU Presidency’s proposals for roadway built in a region, the volume of the next five-year plan on EU justice and time saved by road users in the area home affairs (25 November 2009). would be measured. MEPs made a number of detailed In a more controversial recommendation proposals, notably calling for a directive Samecki advocates a system of and the introduction of a European redistributing resources based on need, strategy to tackle violence against e.g. if a ‘star pupil’ region is doing women and child abuse (an issue likely particularly well in achieving its project to be a priority of the Spanish targets, the Commission could reduce its presidency). involvement there, shifting its expertise to less successful ‘slow pupils’. On the issue of mutual recognition of civil partnerships – notably same-sex Commissioner Samecki is expected to couples - across EU borders, MEPs failed present his paper formally at a to reach an agreement. Instead, a conference on Cohesion Policy and compromise amendment was framed Territorial Development to take place in between the socialists and the centre- Kiruna, Sweden (11 - 12 December right to guarantee freedom of movement 2009). A draft framework for the next for all EU citizens, including both married Cohesion Policy must be submitted by couples and those in registered 2012. partnerships, ‘and to avoid all kinds of

discrimination on any grounds, including

sexual orientation’. In so doing, MEPs THE STOCKHOLM PROGRAMME effectively postponed debate on this Proposal issue. The Swedish Presidency’s proposed legislative agenda in the area of justice During the debate, a number of and home affairs (JHA), i.e. the members from southern Europe successor to the Hague Programme expressed their concerns about the measures to tackle illegal immigration. Current status As part of this discussion, Italian MEPs The Stockholm Programme aims to succeeded in having a clause included in define the framework for EU police and the final agreement calling for EU customs co-operation, rescue services, funding to build new prisons in member

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states facing prison overcrowding. Economic and Financial Affairs Council to Making this concession to the Italians suspend a decision by an ESA. was deemed necessary, since there is Thereafter, a simple majority of at least common agreement that the 14 member states could overturn an Mediterranean countries carry a ESA decision. Finally if these measures disproportionate burden when it comes do not work, a member state can send to EU immigration and asylum an appeal directly to the European pressures. Council.

The Parliament supported the amended The matter is expected to be discussed Stockholm Programme text by 487 votes by the European Parliament early in the to 122, with 49 abstentions. The issue New Year, with the issue expected to be will next be debated and affirmed by the a priority of the incoming Spanish EU Heads of Government (10 – 11 Presidency. December 2009).

ICELAND’S EU APPLICATION FINANCIAL SUPERVISION Proposal Proposal n/a The European Financial Supervisory Authorities (ESAs) Current status Iceland formally applied for EU Current status membership on 23 July 2009, following The ECOFIN Council of Finance Ministers its financial tremblement de terre, and reached agreement on the creation of elections which installed the pro-EU three new ESAs (3 December 2010). Social Democratic party in a governing coalition with the anti-EU Left-Green What’s happening? party. The new ESAs will be divided into three sub-groups to oversee different kinds of What’s happening? financial institutions: the European Iceland’s new Prime Minister Johanna Banking Authority (EBA), the European Sigurdardottir, in an address to the Securities and Market Authority (ESMA) country’s parliament, stated that and the European Insurance and Iceland's application for EU membership, Occupational Pensions Authority ‘represents a clear strategy for the (EIOPA). country’s direction and vision for the longer term. The application and the The UK was responsible for stalling the reception it has received send a clear negotiations, as Chancellor Alistair and reassuring message to the outside Darling sought clarification on how the world’. new bodies would intervene in member states’ autonomous decision-making. A Background. Iceland’s relationship with compromise ‘triple lock’ safeguard was the EU dates back to the bilateral free agreed at the ECOFIN meeting that trade agreement between Iceland and satisfied the UK. the European Economic Community The safeguard will allow a member state (EEC) signed in 1972. Iceland, as a in the first instance to appeal to the member of the European Free Trade

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Association (EFTA), is already a that, ‘in setting such an exaggerated participant in the EU’s single market. level of quota, Iceland is acting in Iceland is also an associate member of contradiction to its international the Schengen Agreement which allows obligations to co-operate on the citizens to travel freely to and from the conservation of this key resource in EU (since 1996). In joining the the North East Atlantic’. Schengen Area and the EEA, it has been Iceland’s Foreign Minister Össur suggested that Iceland has already Skarphéðinsson has said Reykjavik adopted almost two-thirds of the EU’s will not accept a ‘rotten deal’ on acquis communautaire (total body of EU fishing. However, without referring to law). any specific policy, EU Enlargement In the last decade, the services and Commissioner declared manufacturing sectors have been that, ‘in exceptional and well-justified expanding, particularly in the fields of cases, the EU may agree to finance, software and biotechnology, transitional measures allowing some although these have suffered following EU rules to enter into force some the country’s financial troubles. time after accession. But any such measures would be limited in time Iceland has a population of 320,000, and scope. We strive for solutions, which were its candidacy successful, not for derogations’. would make it the least populous member state ( has a population of • The acquis communautaire. To 400,000; its voting weight in Council qualify for membership of the EU, an and representation in Parliament would applicant member state must likely be similar to Malta). demonstrate that its body of law is compliant with the EU’s acquis Issues likely to affect Iceland’s EU communautaire. Although application Enlargement Commissioner Olli Rehn • Fisheries. Iceland’s economy is has suggested that Iceland is already dominated by fishing, which provides compliant with almost two-thirds of 40% of export earnings, employs 8% all EU legislation, a study carried out of its workforce and accounts for by the European Free Trade 10% of its GDP. Iceland’s fish stocks Association (EFTA) puts the are deemed to be in relative good proportion at just 6.5%. The health, particularly in comparison application procedure through which with the stocks of the adjacent EU Iceland is currently passing will waters. The failings of the EU’s establish a definitive answer to this Common Fisheries Policy (CFP) have question. However, if the result is commonly been cited within Iceland closer to the EFTA figure that the as reasons to remain outside the Rehn figure, the sheer volume of Union. legislation to be adopted by Iceland would in itself be a significant Iceland is currently in dispute with impediment to any fast-track the EU over its decision to set for membership. itself unilaterally a fishing quota for mackerel in 2009. Fisheries • Icelandic public opinion. A series Commissioner Joe Borg has stated of polls carried out between August

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2005 and September 2009 by various response was prompted by a question polling groups shows that although from British MEP Derek Vaughan (S&D, there is support for beginning UK), who had stated that the leaked accession negotiations, the majority document had caused such concern that of Icelanders consistently oppose full the First Minister for Wales, Rhodri membership. However, support for Morgan, had felt compelled to write to membership has shown a marked the Commission President expressing his increase following the failure of all concerns. Iceland’s major banks and the collapse of the Icelandic Krona. It is CAP reform. The leaked budget paper likely that the accession negotiations indicated a significant cut in the farming will be closely followed by the people budget (see above). EU Agriculture of Iceland. There is still a strong Commissioner ’s possibility that Iceland’s application denies ever having supported the could founder on public opinion, agriculture clause (she is on record as whether expressed in a standard stating that the non paper, ‘should have election or in a popular referendum. been thrown in the bin,’. The European Parliament’s Agriculture Committee, in Iceland’s negotiations with the EU are its first exchange of views on the post- expected to take a year to 18 months to 2013 CAP, stated that the CAP conclude. At the end of this period, all intervention instruments needed, being well, the government in power ‘revamping, not dismantling,’ (15 must decide whether to complete the November 2009). The chair of the application process. This decision may committee, Paolo De Castro (S&D, be complicated by the stance of Italy), stated that it would be Iceland’s Independence Party’s which paradoxical to cut the CAP budget at the believes a popular referendum is an very time when greater demands essential step in any application process. (including food security, biodiversity and water management) were to be placed It is possible that Iceland could join the upon it. The Committee is expected to EU at the same time as Croatia, spend the next 6 months preparing its expected to be late 2012. position with a report likely to be

adopted in summer 2010.

OTHER NEWS Fisheries. The EU-Norway Fisheries EU budget non paper. In an exchange negotiations in Brussels have broken of views in the European Parliament on down over the issue of fishing rights and the leaked budget paper (24 November Norway’s access to EU waters. Following 2009), Commission President Barroso a natural change in the migration of key distanced himself from paper noting that pelagic stocks, more mackerel are to be only documents adopted by the found in EU waters. In short Norway Commission College represented the has quota entitlement for its own waters views of the Commission. He reiterated where the fish are not to be found, and his commitment to social, economic and an exhausted entitlement for EU waters territorial cohesion, and emphasised that where the fish are in relative abundance. regional policy would remain a top Norway is therefore to prosecute priority for the next Commission. The fisheries in EU waters. It is unclear

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European Union, [as the Treaty of Rome whether the negotiations will resume in is now to be known]). The impact of the new year, or whether current this change will be that the Commission, measures will simply be rolled over. when drafting legislation must always take into account possible adverse EU role in sport. With the coming into effects on wellbeing. The Lisbon Treaty force of the Lisbon Treaty, the EU has will also strengthen co-operation and co- gained a formal competence in the area ordination between member states, as of sport. The Commission had well as encouraging member states to previously published a white paper on establish guidelines, share best sport (11 July 2007), with a practices, set benchmarks and monitor preparatory action plan adopted this (thereby improving complementarity of year (16 march 2009). Article 165 of member states’ health services in cross- the Lisbon Treaty provides the European border areas). Union with a soft competence on sport, which means that the Commission will In addition the new Treaty means that develop a specific EU sports programme, the EU now shares competence with supported by a budget. The competence member states where common safety also allows for better promotion of sport concerns in public health are identified. in other EU policy areas and In such cases, the Commission can programmes, such as health and introduce legally-binding legislation, e.g. education. The treaty provision also quality and safety standards relating to allows the EU to speak with one voice in organs, blood and its derivatives, international forums. veterinary standards, quality and safety standards for medicinal products and The Commission is expected to launch a devices. consultation on the implementation of Article 165 in early 2010. Hearings are Finally, the Treaty will allow the EU to expected to take place in Parliament at a adopt (non-legally binding) incentives to similar time. A communication will likely safeguard human health, e.g. tobacco emerge in mid 2010 accompanied by a and alcohol abuse. draft Council decision on an EU sports programme and budget. The first EU Climate change. The UN Conference sports programme (2012-2013) on Climate Change, which aims to expected to come into force on 1 secure agreement on a successor to the January 2012. Kyoto Protocol, began on 7 December 2009 in Copenhagen. The conference EU role in health. Although the Lisbon will last 2 weeks, at the end of which it Treaty, ‘respects the national is hoped a legal framework can be sensibilities to legislate in the health agreed facilitating further detailed area, emphasises the competence of negotiations during 2010. member states and avoids giving to the At issue, developed countries must EU the possibility to harmonise national agree binding targets for emission cuts laws,’ the issue of ‘wellbeing’ becomes a by 2020 while developing countries must new objective of the EU (drawing on the outline measures to halt emission Article 3 of the Treaty of European Union growth. In addition, rich countries will [Maastricht] and Articles 9 & 168 of the have to provide long-term financial Treaty on the Functioning of the

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assistance to poorer ones and set up a €10b climate fund to help them adapt to defining its own standards (in particular, the immediate impacts of climate defining ‘nearly zero’). The new change. legislation will require member states to list incentives (from technical assistance Energy efficiency labelling. The and subsidies to low interest loans) by original 1992 Energy Labelling Directive mid-2011 for the transition to near zero- allowed the Commission to set technical energy buildings. requirements, including energy classes Ministers formally endorsed the for household appliances such as fridges, agreement at the Energy Council (7 washing machines and ovens. The December 2009) and the parliament is Directive introduced an energy efficiency expected to follow suite in January scale from A – G. However, the scale 2010. was a victim of its own success, with most products today in the ‘A’ class. The Belgian shuffle. Following the revised directive, which completed its appointment of Herman Van Rompuy as legislative journey on 17 November President of the European Council, 2009, will extend the scale with an Flemish Christian Democrat Yves ‘A+++’ for the most energy efficient Leterme has been appointed Prime products. Minister of Belgium for a second time (25 November 2009). Leterme was The revised directive will also extend the clear winner of the 2007 federal energy labelling to all energy-related election, but his government suffered products, such as windows and outer from failure to address the simmering doors, which do not directly use energy discontent between Belgium’s two but help to save it. regions, the Dutch-speaking Flanders and the French-speaking Wallonia. He Energy Performance of Buildings resigned office in December 2008 over Directive (EPBD). The 2002 EPBD was allegations (later shown to be without designed to help the EU meet the foundation) that he ‘meddled’ in the climate targets of the Kyoto Protocol. break-up of Belgo-Dutch Fortis bank. However, since many member states Belgium will take over the rotating failed to implement the legislation on presidency of the EU Council on 1 July time, the European Commission decided 2010. to recast the directive to achieve further EU Year of Volunteering. Following savings (November 2008). agreement at the Education, Youth and

Agreement was reached on the recast Culture Council (27 November 2009), Directive which will require all the new 2011 will be the European Year of buildings owned or rented by the public Volunteering. The Council proposes to sector to achieve ‘nearly zero’ energy allocate €6m to the year itself and a standards by the end of 2018, two years further €2m for preparation during 2010. in advance of the private sector (17 The nomination follows adoption of a November 2009). Moreover, member report in the European Parliament which states were tasked with the promotion of demanded greater recognition and the conversion of existing buildings to support for voluntary activities comply with the standard. Each throughout Europe and, ‘especially member state will be responsible for within new democracies of the EU’ (26 November 2009).

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Appendix i The Commissioners-designate

Member state Position José Manuel Barroso * Portugal President (confirmed) Joaquin Almunia * Spain Competition (vp) Catherine Ashton * UK Foreign Affairs (vp) Michel Barnier † France Internal Market and Services Olli Rehn * Finland Economic and Monetary Affairs Dacian Ciolos Romania Agriculture Malta Health and Consumer Policy *† Belgium Trade Stefan Füle Czech Republic Enlargement Connie Hedegaard Denmark Climate Action Maire Geoghegan- Ireland Research and Innovation Quinn Janusz Lewandowski † Poland Budget/Financial Programming Guenther Oettinger Germany Energy Janez Potocnik * Slovenia Environment * Netherlands Digital Agenda (vp) László Andor Hungary Employment, Social Affairs and Inclusion Greece Maritime Affairs and Fisheries Johannes Hahn Austria Regional Policy Rumiana Jeleva † Bulgaria International Cooperation, Humanitarian Aid and Crisis Response * Estonia Transport (vp) Cecilia Malmström † Sweden Home Affairs * Latvia Development * Luxembourg Justice, Fundamental Rights and Citizenship (vp) Algirdas Šemeta Lithuania Taxation and Customs Union *† Italy Industry & Entrepreneurship (vp) * Cyprus Education, Culture, Multilingualism and Youth Maros Sefcovic Slovakia Interinstitutional Relations and Administration (vp) vp vice president of the Commission * returning Commissioner † current or former MEP

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Appendix ii Changes in the composition of the Commission portfolios

Portfolio Changes from Barroso I President Takes over direct responsibility for Better Regulation from DG Enterprise Competition Will take over the state aid competencies currently in DG Transport & Energy Foreign Affairs (see discussion above) Internal Market & - Services Economic & - Monetary Affairs Agriculture - Health & Consumer Gains Pharmaceutical Products & Cosmetics Units (from DG Policy Enterprise), Biotechnology, Pesticides and Health Unit (from DG Environment) Trade - Enlargement - Climate Action New post. DG Climate Action will be set up by summer 2010, the core of which will be climate change section of DG Environment (exc. the clean air unit which will remain in DG Environment) Research & - Innovation Budget/Financial - Programming Energy To be created out of DG Transport & Energy Environment Loses Climate Change, civil protection (which moves to DG Humanitarian Aid) and the Biotechnology, Pesticides and Health Unit (which moves to DG Health) Digital Agenda - Employment, Social Loses responsibility for discrimination issues Affairs & Inclusion Maritime Affairs & - Fisheries Regional Policy - International Co- Gains the Civil Protection Units (from DG Environment) operation, Humanitarian Aid & Crisis Response Transport To be created out of DG Transport & Energy. Loses state aid competencies to DG Competition Home Affairs New post. Will oversee directorates responsible for Immigration & Asylum, Migration & Borders, and Security. Will also be responsible for EUROPOL, FRONTEX, the Visa System (VIS II) & Schengen System (SIS II),the European Police College and the European Monitoring Centre for Drug & Drug Addiction. Development - Cont’d

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Justice, New post. Will oversee directorates responsible for Fundamental Fundamental Rights Rights & Citizenship, and Justice as well as EUROJUST and DG and Citizenship Communication. Gains equality and discrimination matters (and oversight of agencies) from DG Employment and Consumer Contract & Marketing Law (from DG Health). Taxation & Customs - Union Industry & Loses Pharmaceutical Products & Cosmetics Units (to DG Health) Entrepreneurship and Better Regulation to the President Education, Culture, Gains the multilingualism portfolio and responsibility for the EIT. Multilingualism & Youth Inter-institutional Will oversee DG Infomatics, and other administrative divisions Relations and Administration ‘-‘ denotes limited change

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UPCOMING

EVENTS &

MEETINGS

December 2009 January 2010* 7 – 18 UN Climate Change 1 Start of the Spanish Conference Copenhagen Presidency of the EU Council 14 – 16 Agriculture & Fisheries Council 1 President van Rompuy to 14 – 17 European Parliament plenary formally exercise powers session 11 - 15 First Parliamentary hearing on 21 Environment Council next Commission, Brussels 15 Closing date for consultation on EU 2020 18 - 19 Second Parliamentary hearing on next Commission, Strasbourg 26 Parliamentary plenary vote on next College of Commissioners

February 2010 1 Next Commission expected to take up office

*The calendar of meeting dates for the Spanish Presidency are not yet available, but will appear here.

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CONTACT DETAILS

Dr Ian Duncan Rond Point Schuman 6 B – 1040 Bruxelles

Tel: 0032 2282 8377 Fax: 0032 2282 8379

Email: [email protected]