Anti-trust policy Committee of the Regions EU budget Austrian banks lose ‘Lombard Felipe Gonzalez campaigns for 2007 discharge: Power struggle Club’ cartel appeal Page 5 multilevel governance Page 9 between EP and Council Page 10 EUROPOLITIcs

The European affairs daily Friday 25 September 2009 N° 3825 37th year

Focus Agriculture Commission urged to Why Pittsburgh? end dairy crisis By Brian Beary in Pittsburgh By Luc Vernet Erlandsson. The Commission, he said, As G20 leaders convene for a summit will present a road map for the European focused on the economic and financial As dairy farmers continue their actions dairy sector. It is also expected to present crisis and climate change, worth noting in different member states to protest an analysis of the European and global is US President Barack Obama’s choice against European milk policy, the Swedish dairy markets. of Pittsburgh as the venue. Famous EU Presidency decided, on 23 September, The spokesman for Agriculture Com- historically as the former world steel to convene a special Agriculture Council, missioner put the capital, with 200,000 employed in on 5 October in the sector at its height, and the place Brussels. Thanks where Heinz churned out its 57 vari- to the persistence eties of sauces and soups, Pitts- of French Agri- burgh was hit by a devastating crisis culture Minister in the 1980s when the steel industry Bruno Le Maire, collapsed amidst increasingly stiff 18 countries foreign competition. now support the But it did not sink to the depths of Franco-German oblivion or become a ghost town of initiative for secur- disused, toxic industrial plants. Tap- ing more consis- ping into an enviable knowledge bank tent EU support - it is home to three major universities for dairy farmers. - the city reinvented itself as a global The informal powerhouse for high-tech, high- nature of the skilled jobs in the medical devices, meeting means, pharmaceuticals, banking and energy however, that the sectors. The site of the G20 plenary ministers will not - the David L. Lawrence Convention be adopting any

Center - boasts being a world leader formal decisions. © EPA in energy efficient design, replete with As a result, the Commissioner Fischer: A crisis at hand air conditioning and water systems is concerned that scope of the meeting into perspective, derived from wind drafts blowing and the special Council may “raise expecta- saying that “no decisions” would be taken. river currents flowing underneath, tions and create hopes that cannot be The commissioner “will listen to the min- and 80% of the lighting streaming met”. isters and outline her ideas for the dairy in from the glassy exterior. The mes- “Due to the milk situation in several sector”. She will provide details on proj- sage - a crisis is as much an oppor- member states, I have decided to invite ects, such as the appointment of a group of tunity as a threat - will hopefully not my 26 European colleagues to a meeting, high-level experts, he added. This group be lost on the leaders. on 5 October in Brussels,” announced will focus on the sector’s medium and long- Sweden’s Agriculture Minister Eskil term problems, (continued on page 6)

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Contents N° 3825 Top Stories Anti-trust policy Committee of the Regions EU budget Austrian banks lose ‘Lombard Felipe Gonzalez campaigns for 2007 discharge: Power struggle Club’ cartel appeal Page 5 multilevel governance Page 9 between EP and Council Page 10

Business & competitiveness Energy efficiency: Council adopts In Brief Competitiveness Council: Ministers revised directive on ecodesign ...... 8 Morin on permanent EU ponder future of EU innovation policy...... 4 Air quality: Tougher requirements military staff...... 14 Competitiveness Council: for trapping petrol vapour...... 8 ECB reveals 5% decline in Priority areas identified for euro money market...... 14 improving internal market...... 4 Institutions China denies restricting Telecoms package: Council set Environmental assessment: European pork imports...... 14 to reject Amendment 138 as Commission goes ‘green’...... 8 Opel case: Mandelson sends EP names negotiators ...... 5 Committee of the Regions: open letter to Kroes...... 14 Felipe Gonzalez campaigns ERC Executive Council Financial services, banks, for multilevel governance...... 9 inaugurated...... 14 insurance EU budget: 2007 discharge: Council: Amending Anti-trust policy: Austrian banks Power struggle between letter to 2010 draft budget...... 14 lose ‘Lombard Club’ cartel appeal...... 5 Parliament and Council ...... 10 Cameron reassures Klaus...... 14 Financial regulation: EU/Germany: All eyes on Merkel...... 11 EU to revamp prospectus rules...... 6 EU Agenda...... 15 Social affairs Sectoral policies Informal Education Council: Insight - Jurisprudence Agriculture: New regulation Teaching profession needs Refugee status: Court questioned on plant protection products...... 6 upgrade, ministers agree...... 12 over conditions for repeal of status...... 16 Agriculture: Commission European Day of Languages: One urged to end dairy crisis...... 1 in three Europeans at least bilingual.....12 Road transport: Council adopts new cabotage rules...... 7 Defence & security Competitiveness Council: EU/NATO/Serbia: Belgrade Member states criticised over faces ‘integration dilemma’...... 13 Services Directive implementation...... 7

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Competitiveness Council Ministers ponder future of EU innovation policy

By Marianne Slegers pean Structural Funds to stimulate innova- innovation act’ will include legislative pro- tion, it is not getting enough out of it. “The posals, proposals on funding and principles Designed to boost the EU’s competitive- ratio is not a good one, the policy is not which member states should follow while ness, a new ‘European innovation act’ will good enough, we need better governance,” developing policies. be presented by the European Commission he said. A recently published Commission None of the participants in the Council in 2010, Vice-President Günter Verheugen communication, which reviews progress debate challenged the importance of inno- announced, on 24 September. During on innovation in the EU, showed that there vation. To quote the German contributor, their Competitiveness Council meeting, is an ‘innovation gap’ between the Union “Our innovation ability will determine our on 24 September, the member states dis- and its key competitors, the US and Japan. future possibilities”. Berlin sees the need cussed future priorities for innovation in Besides narrowing this gap, several other for a cost-effective way to develop innova- light of the shift towards a knowledge-based issues also need to be addressed in future tion and emphasises the need for a Com- low carbon economy. The outcome of the guidelines, said Verheugen. First, the munity patent. Furthermore, it wants to see debate will feed into conclusions, to be member states should invest in ecology. improvements to the current standardisa- adopted in December, which in turn will tion process, from idea to product. Expendi- guide the drafting of the post-2010 Lisbon “Decisive point for growth” ture on innovation must be targeted tightly strategy for growth and jobs. According to “This will be the decisive point for on specific areas, the process of innovation Verheugen, when it comes to the Union’s growth. Eco-innovation is the future,” he must become faster, and bureaucracy must innovation policy, the EU’s performance is said. The framework conditions for inno- be kept in check, he said. weak: “In many cases the levels of ambition vation - legal as well as financial - are also Paris, in turn, called for a carbon tax that within the member states is low. Policies “vital,” according to Verheugen. “We need would “ensure fair competition”. The UK are lagging behind and the right conditions to establish more legal certainty on intel- did not see the need to restrict expenditure for more innovation are not provided for. lectual property rights and there is still a to high-technology innovation. “We think We cannot be satisfied.” need for a Community patent, the absence all small and medium-sized enterprises Verheugen said that while the EU is of which cannot continue much longer”. should have equal access to the funds,” the spending a lot of money through the Euro- Verheugen said that the new ‘European British speaker said. n

Competitiveness Council Priority areas identified for improving internal market

By Dafydd ab Iago cil firstly calls on the European Commis- Internal Market Information System (IMI) sion and member states to provide consum- should ensure that administrative coopera- Ministers, meeting in Brussels on 24 Sep- ers and businesses with better information tion works in practice, according to min- tember for the Competitiveness Council, on the benefits of the internal market. Min- isters. IMI is seen as a key factor for the agreed on a series of - rather general - con- isters note the importance of obligations to successful implementation of the Profes- clusions on making the internal market inform in the Services Directive and the sional Qualifications Directive and of the work better. They stress three priority areas Regulation on mutual recognition. The Services Directive. Member states and the for improving its functioning: practical Commission should, say ministers, finalise Commission should ensure that the neces- information, administrative cooperation and - as a priority - its project for ‘single market sary technical features of this system are in enforcement, including problem-solving. assistance services’ that would streamline place in time and working. The Commis- The conclusions also contain a further call information, advice and problem‑solving sion should also continue adapting existing for “timely, correct and coherent” transpo- assistance services. Community harmonisation legislation to sition, application and enforcement of EU the new ‘goods package’ legislative frame- internal market legislation. Shared responsibility work as well preventing the creation of new Also stressed in the conclusions was the A second point is administrative coopera- unjustified barriers to the free movement the need to fully apply the fundamental tion. Administrations should have an “inter- of goods. Finally, ministers call for prop- principles of the internal market, to improve nal market reflex”. Member states and the erly functioning cross-border e-government its functioning, avoid protectionism and Commission have “shared” responsibility infrastructure in the near future. maintain open markets. This call, however, for making the internal market work more Under enforcement, including problem contrasted with the growing controversy over effectively. This requires good cooperation solving, the Council calls for stepped up alleged German protectionism with respect among competent authorities both within efforts to ensure internal market rights and to Opel. The Swedish industry minister was and between member states as well as obligations are respected. This includes suitably diplomatic, noting that in “difficult between member states and the Commis- promoting the use of SOLVIT, in particu- times, we see what rules stand the test”. sion, and within the Commission. lar to businesses, as well as other existing As for the three priority areas, the Coun- Additionally, making full use of the problem-solving mechanisms. n www.europolitics.info Sold by subscription only © reproduction strictly prohibited in any language EUROPOLITICS N° 3825 Friday 25 September 2009 

Telecoms package Council set to reject Amendment 138 as EP names negotiators 2 By Nathalie Vandystadt In Parliament, the 27 negotiators everyone to be represented,” commented have already been appointed and will be a Council source, because if a compro- Slowly but surely the EU is preparing its headed by one of the assembly’s vice-presi- mise is reached, MEPs will be the last to last-chance negotiation on the telecoms dents, Spanish Conservative Alejo Vidal- approve it. package. After a practical meeting, on 29 Quadras. They will meet the ambassadors In terms of the timeframe, on 28 Sep- September, the Council and the Euro- of the 27 member states in a conciliation tember, the 27 EP negotiators will appoint pean Parliament will launch a concilia- committee. The list of members is based their representatives to the next day’s tion procedure (third reading, lasting six on the political proportions in the assem- three-way dialogue with the Commission to eight weeks). In the absence of agree- bly. It includes 11 Conservatives, seven and the Council. Discussions on the heart ment, they will have to scrap the overhaul Socialists, among them the rapporteur for of the matter can then get under way. of EU telecoms rules. the legislation that contains Amendment The Commission will try to bring the For now, each side is preparing for the 138, Catherine Trautmann (France), three two positions closer together. n battle over what is expected to constitute the Liberals, three Greens, two Eurosceptic only real point of negotiation: Amendment Conservatives, a left radical (GUE) and an (1) Adopted on 24 September 2008 by the 138 on the right of access to the internet1. anti-European from the EFD group. , this amendment states In the Council, the 27 still have to Swedish MEP Christian Engström that “no restriction may be placed on the rights reject the provision officially and are sup- (Pirate Party), who backs the legalisation and freedoms of end users [...] without a prior posed to do so within days of the meeting, of free downloading of films and music, decision by the judicial authorities” save in the on 29 September. A diplomatic source will be one of the negotiators for the case of force majeure (combating paedophilia nonetheless notes that their position has Greens. The two other rapporteurs for and racism) or network integrity and security. In not changed: they unanimously rejected the telecoms package are Pilar del Cas- spite of the Council’s unanimous rejection, MEPs Amendment 138 at the end of 2008 and tillo (EPP, Spain), for creation of an EU confirmed the amendment at second reading in are still opposed to it on the grounds that regulators’ office, and Malcolm Harbour May by a very wide majority. the text interferes with their autonomous (ECR, UK), for consumer protection (2) The Parliament’s negotiators are listed at legal orders. and data protection. “It is preferable for www.europolitics.info > Search = 257194

Anti-trust policy Austrian banks lose ‘Lombard Club’ cartel appeal

By Sarah Collins there were “errors of law” made in assessing ing their involvement in the cartel but rather the “actual impact of the infringement on the basis of the Commission’s assessment. The EU Court of Justice, on 24 Septem- the market,” as well as the seriousness of the The court found that “insufficiently reliable ber, dismissed an appeal by four Austrian crime and the Commission’s “discretion” documents” were used by the Commission banks attempting to overturn a multi-million in investigating the banks’ meetings. Their in setting a fine in the case of ÖPAG. euro anti-trust fine imposed on them by the arguments are based on Article 81 of the EU According to the Commission, which European Commission, in 2002. The court Treaty – on trade between member states conducted a number of surprise visits to the also found that the banks – Erste Group Bank – and Article 15, Paragraph 2 of Regulation banks in June 1998, bank governors met AG (formerly Erste Bank der österreichischen No. 17 – regarding fines and the seriousness every month except August to fix rates. They Sparkassen AG), Raiffeisen Zentralbank of the offence. unearthed a “network of cartel committees,” Österreich AG, Bank Austria Creditanstalt The four were accused by the Commis- which covered the whole of Austria, “down AG and Österreichische Volksbanken AG sion, in 2002, along with four others, of col- to the smallest village,” and found evidence – commonly known as the ‘Lombard Club’ luding to fix interest rates for loans and sav- that cartel bosses were aware that they were cartel, should pay the costs of the case. The ings, as well as certain fees, money transfers breaking EU anti-trust rules. The largest fines arguments in joined cases C-125/07 P, C- and export financing. The eight were levied were levied on the current complainants: 133/07 P, C-135/07 P and C-137/07 P were with fines totalling €124.26 million, and the Erste Group got a €37.69 million penalty, rejected on all counts and a 2006 decision by practice was labelled by then Competition and Bank Austria and Raiffeisen Zentralbank the EU Court of First Instance – on which the Commissioner Mario Monti as “one of the were next with €30.38 million each. Öster- appeals were based – was basically upheld. most shocking cartels ever discovered by the reichische Volksbanken was charged €7.59 The banks do not deny membership of the Commission”. million, which matched fines for two other cartel or its existence, but accuse the Com- In 2006, the CFI reduced the fine in the banks. The remaining two were charged less mission of making an incorrect assessment of case of Österreichische Postsparkasse AG than €2 million each. n the fines, and say the CFI wrongly interpreted from €7.59 million to €3.795 million, after an the law in 2006 when it decided to support appeal brought by all eight banks against the The court judgement is available at the EU executive’s 2002 ruling. They allege Commission’s decision. They were not deny- www.europolitics.info > Search = 257183

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Financial regulation EU to revamp prospectus rules

By Sarah Collins it is valid throughout the 27 member states – antee schemes will be subject to fewer dis- what the Commission calls a “single passport closure requirements; the way the summary The European Commission is proposing for issuers”. However, according to a Com- is set out will be streamlined; intermediar- to amend the 2003 Prospectus Directive to mission impact assessment (SEC(2009)1223) ies and employee share schemes have clear exempt certain companies and schemes from accompanying the draft directive, the exist- exemptions; overlaps with the Transparency disclosure requirements. The draft Directive ing directive is unclear on what is required Directive (2004/109/EC) will be fixed; issu- COM(2009)491, released on 24 September, in the case of securities being placed ers of all non-equity securities can choose aims to cut red tape for businesses in the pro- through financial intermediaries and how to which member state they want to approve spectus regime – where companies that issue structure the prospectus summary. It also says their prospectus; and the definition of ‘quali- securities are obliged to publish a document that the rules overburden non-EU employ- fied investors’ in the Prospectus Directive detailing their financial position, which must ees in share schemes and are too costly for will be aligned with the Markets in Financial be okayed by a relevant authority – as part of the smaller companies. To improve the working Instruments Directive (2004/39/EC). n ‘better regulation’ drive. Under the Prospectus of the directive, the EU executive is propos- Directive (2003/71/EC), once a document is ing six main changes: small companies, small The proposal is available at approved by a regulator in one EU country, lenders, rights issues and government guar- www.europolitics.info > Search = 257205

Agriculture New regulation on plant protection products

By Eric van Puyvelde protection of agricultural production of plant protection products; and the and extends and consolidates the single reduction of tests on vertebrates. The EU Council adopted without market of plant protection products. It will The regulation was endorsed by the Euro- debate, on 24 September, a regulation also promote competition and reduce the pean Parliament, in January 2009. The Com- based on a 2006 proposal from the Euro- administrative burden on all players. mission notes that the text that emerged from pean Commission that replaces current The text contains provisions on: criteria the co-decision procedure between Parlia- legislation on plant protection prod- for approval of active substances; inspec- ment and the Council maintained all the ucts. The text lays down clear criteria for tion and monitoring of production, stor- objectives contained in the initial proposal. approval of substances while favouring an age, transport and use of plant protection The regulation will enter into force before open and competitive market. It improves products; a simplified evaluation and the end of the year and will become fully and simplifies existing rules, particularly authorisation procedure; the role of the applicable as from 18 months following the approval procedures. European Food Safety Authority (EFSA); date of publication. n The new regulation, explains the Com- data protection and sharing; mutual rec- mission, increases the protection of human ognition for plant protection products; Further details are available at ec.europa.eu/ health and the environment, offers better information to neighbours on the use food/plant/protection/pesticides/index_en.htm

to Rome, a qualified majority (at least were reviewed recently by the 27 member Dairy crisis 255 votes) exists in the Council for this states’ agriculture experts in Brussels. Only (continued from page 1) joint declaration, presented jointly by three countries (Spain, the Czech Repub- such as contractual relations between 16 countries at the Agriculture Council, lic and Ireland), which warned of the producers and industry and price-setting on 7 September, and now supported by danger of distortions of competition, were mechanisms. 20. These countries suggest the grant of critical of the idea of raising the national more substantial price support and the aid ceiling from €7,500 to €15,000. “START OF THE BATTLE” development of new forms of regulation The proposal to mobilise reconver- In a televised interview, French Presi- at EU level. Le Maire described as a “first sion aid via the quota buyback system dent Nicolas Sarkozy said that Le Maire sign of openness” the fact that Fischer was greeted positively by a majority of “has done a good job”. “Nineteen of Boel is considering the idea backed by member states, but not by the French the 27 countries share our point of view these 20 countries of allowing producers delegation. The question of whether today. But this is just the start of the to conclude contracts with industry to this buyback system would be optional battle because the whole Common Agri- guarantee long-term income. or mandatory has not been settled. The cultural Policy has to be rebuilt on new The new measures, proposed on 17 Sep- Commission representative said the draft foundations,” he continued. With Italy tember by Fischer Boel before the Euro- legislative texts on these two measures joining the movement, on 23 September, pean Parliament and considered totally would not be ready until the Agriculture after a brief visit by the French minister inadequate by a large number of countries, Council, scheduled for 19 October. n www.europolitics.info Sold by subscription only © reproduction strictly prohibited in any language EUROPOLITICS N° 3825 Friday 25 September 2009 

Road transport Council adopts new cabotage rules

By Isabelle Smets Parliament, which backed liberalisation, a mandatory rest period. To sum up, it secured an obligation for the European allows tour operators to organise trips last- The EU Council of Ministers adopted, Commission to report no later than the ing more than a week without having to on 24 September, three new regulations hire a second driver. Existing rules oblige on access to international road haulage drivers to take a rest period after six days markets, access to the market for coach The Commission may of work, although the 12-day rule used to and bus services and conditions for the propose new rules within apply. occupation of road transport operator. three years if road safety The possibility to work 12 days is nev- The regulation on access to interna- ertheless limited to an occasional single tional road haulage markets sets up new appears to be threatened international journey, so there is no ques- rules for cabotage in the EU, ie the possi- by the new regulation tion of placing two six-day trips back to bility for hauliers to deliver goods between back without a rest between them. The two cities in a member state where they are Commission may propose new rules not established. The text allows three cab- end of 2013 on whether conditions allow within three years if road safety appears to otage operations within seven days follow- greater openness of domestic markets. be threatened by the new regulation. ing an international journey and a single The new rules will have to be applied Lastly, the new regulation on access to cabotage operation on the way back to throughout the EU no later than six the occupation of road transport operator the home state, under certain conditions. months after the regulation’s entry into introduces stricter rules for those wishing There was considerable controversy over force. to work as self-employed operators. To this issue between its backers and those combat the phenomenon of ‘letter-box’ opposed to more flexible rules. France REST PERIODS FOR COACH DRIVERS companies (which register in one member and Germany were strongly opposed to The new regulation on buses and state but operate primarily in another), it further liberalisation of cabotage, out of coaches was sought after by coach drivers provides that transport firms must have an fear of competition from hauliers from because it restores the possibility to work office and operating centre in the member the new member states. The European 12 consecutive days before having to take state of establishment. n

Competitiveness Council Member states criticised over Services Directive implementation

By Dafydd ab Iago is, in fact, one of the aims of the directive. tact in a number of countries. Some states The ministers recognise that “properly func- are hardly starting the concrete actions nec- Over a working lunch, on 24 September, tioning and user-friendly contact points,” as essary. The three associations are also con- ministers meeting at the Competitiveness required under the Services Directive, will cerned that the great majority of member Council in Brussels discussed progress in play an important role in providing such states will only make available information implementing the 2006 Services Direc- information. and forms in their national language. Addi- tive. The directive aims to ease access for As for transposition, member states should tionally, they want member states to step companies wishing to take advantage of the ensure that “appropriate” arrangements, up the legislative work as well as commit- internal market in services. The ministers including resources, are in place for the “full ting to an “ambitious” process of mutual committed to intensifying efforts ahead of and timely” implementation of the direc- evaluation in 2010 so as to ensure regulatory the 31 December 2009 deadline for the tive. This also means covering the setting up modernisation and simplification. directive’s implementation. Hidden in of fully functioning and accessible points of From a different perspective, the Euro- conclusions on improving the function- single contact and interoperable electronic pean Trade Union Confederation (ETUC) ing of the internal market, ministers thus procedures. Together with the Commission, branded the Services Directive as a mainly call for greater efforts with respect to the member states should make the necessary deregulatory instrument. The current crisis implementation and mutual evaluation of preparations for the “mutual evaluation” asks for more and not less regulation, accord- legislation, ‘points of single contact’ and process foreseen in the directive, for 2010. ing to ETUC General Secretary John interoperable electronic procedures. This should assess the functioning of the Monks. He accuses the Swedish EU Presi- The Council also calls on the European internal market in services as well as allow dency of being out of touch by promoting the Commission and member states to use the for evidence-based policy conclusions. Services Directive as a way out of the current opportunity of the entry into force of the Ser- economic crisis. “If you really want to fight vices Directive, as well as other legislation Warnings the crisis you have to invest in an expanded with an impact on the internal market, in Eurocommerce, UEAPME and Euro- European recovery plan and put and end to order to boost awareness of the benefits and chambres warned ministers that there will the dominance of the short-termist market opportunities of the internal market. This not be fully functioning points of single con- principles,” said Monks. n

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Energy efficiency Council adopts revised directive on ecodesign

By Anne Eckstein ucts, such as washing machines, freezers international markets – will serve as a and hair dryers. reference and that technical, economic With its adoption, on 24 September, The new directive repeals Directive and environmental analyses will be used of a revised directive on ecodesign, the 2005/32/EC and will be evaluated no to determine the level of ecodesign Council of Ministers of the European later than 2012. requirements. Union extended the scope of the exist- The directive provides for the intro- The new rules oblige manufacturers of ing directive on energy-related products, duction of requirements to be met by such products to consider at the design such as windows and insulation materi- such products in order to benefit from stage the environmental impact through- als, and certain water-consumption prod- free movement in the EU. The require- out the product’s life cycle. Around ten ucts, such as shower heads and taps. ments will be determined by the Euro- technical annexes provide details on the The aim is to improve energy effi- pean Commission under the comitology parameters of requirements, methods ciency and promote efficient use of procedure. for setting specific ecodesign require- resources through a much wider range The directive states that the most ments, the product-conformity manage- of products than those covered by the outstanding technological products ment and evaluation system, control and existing directive, which concerns prod- available on the market – including on product marking. n

Air quality Tougher requirements for trapping petrol vapour

By Anne Eckstein the vapour that escapes when petrol is Existing large service stations with delivered to their storage tanks. throughput of more than 3,000 m3/ Service stations are going to have The new legislation reduces emis- year have until 31 December 2018 to to install new technologies that trap sions further, requiring service stations conform to the directive. the harmful vapour that escapes when to recover at least 85% of the vapour The directive is in line with EU pro- motorists fill up their tanks with petrol. released during vehicle fuelling. visions aimed at improving ambient air The Council of Ministers adopted, on quality and limiting emissions of vola- 24 September, a directive concerning THROUGHPUT COUNTS tile organic compounds and will have phase II of vapour recovery at service Stations with actual or expected to be transposed into national laws by 1 stations. throughput of more than 500 m³/year January 2012. This obligation concerns newly-built or actual or expected throughput of Petrol vapour contains benzene, service stations and those undergoing more than 100 m³/year if they are situ- which is carcinogenic, and hydrocar- major renovations, with the exception of ated under permanent living quarters or bons that form ground-level ozone the smallest. working areas will have to be fitted with smog, which damages human health At present, service stations have to trap the new technology. and ecosystems. n

Environmental assessment Commission goes ‘green’

By Anne Eckstein first EMAS certificate, covering eight build- aged by a campaign on the use of environ- ings, was awarded to these departments in mentally acceptable means of transport: EMAS, the Eco-Management and Audit December 2005. The pilot project (2002- 29% of Commission employees in Brussels Scheme, was launched in 2002 in the Euro- 2008), which was expanded to include DG commute by private car (survey conducted pean Commission under a pilot programme Informatics, has come to a successful close, in mid-2008) compared with 50% in 1998, aimed at ‘greening’ the institution. The EU notes the Commission. Electricity and gas and 50% use public transport (bus, tramway, executive decided, on 23 September, to consumption in the buildings concerned has tube or train), compared with 32% in 1998. apply the scheme to all its buildings, services declined by 14% and 23% per m², respec- EMAS is a tool for evaluating, report- and activities, in application of the EMAS tively, and CO2 emissions by more than ing and improving environmental per- regulation1. The Commission embarked, in 7% per m². Consumption of offset paper formance. In addition to its own crite- 2002, on a pilot project for ‘green’ manage- has declined by 48%, office paper by 41% ria defined by the regulation, EMAS ment of four of its departments in Brussels: since 2003 and the volume of waste by 11%: includes the international environmental the Secretariat-General, DG Personnel and from 331 kg/person/year, it has dropped to management standard ISO 14001. n Administration, DG Environment and the 294 kg/person/year, of which around 54% is Office for Infrastructure and Logistics. The recycled. Another positive effect was encour- (1) Regulation EC 761/2001 www.europolitics.info Sold by subscription only © reproduction strictly prohibited in any language EUROPOLITICS N° 3825 Friday 25 September 2009 

Committee of the Regions Felipe Gonzalez campaigns for multilevel governance

By Pierre Lemoine attended by Pawel Samecki, the EU com- towns and cities and with the local missioner for regional policy. It brought authorities. It is essential to abandon the Felipe Gonzalez is publicly support- together local and regional officials hierarchical and pyramid approach.” ing the white paper drafted by the Com- and College of Europe professors and Michel Delebarre, CoR vice-president mittee of the Regions (CoR) calling for students to provide input to the public and co-rapporteur, addressed the Euro- a revamping of public action in pean Commission: “It seems to Europe on the basis of multilevel me that, in his recent statements governance. to the European Parliament, Mr The former prime minister of Barroso has had little to say about Spain is considered, with Jacques the regional or local level – the Delors, one of the fathers of very front on which we expect the the ’s regional programme of the new European policy. Although he chairs the Commission to have a little more reflection group on the future of meat. We must not find ourselves Europe in 2020-2030, he was dis- in a few years’ time still grum- creet on the future of the Union, bling about Europe’s continuing in Bruges on 22 September, where democratic deficit.” he lent his support to a “presenta- Regional and local officials tion to the EU institutions” of the listed the priorities that multi- white paper1 . Gonzalez declined level governance should tackle, to comment on his possible can- namely, in order of their con- didacy for the permanent presi- cerns: citizens’ Europe, social dency of the EU, in the event the Europe, economic recovery, and Lisbon Treaty (which strengthens the creation of jobs, including in the CoR’s role) enters into force. the ‘green’ economy and through Nor did he give any indication on innovation. Their comments the work under way in the reflec- revealed a demand for “less frag- tion group, other than to say that mentation” of EU programmes he regretted that it had been and financing that encourages asked not to address institutional “more coherent policies” that and budget matters. Multilevel ©ACF/CdR are easier to implement locally. governance, on the other hand, Gonzalez: “We must not shy away from addressing the crisis of the nation-state” Some pointed out that Barroso’s was not a taboo subject. consultation on the white paper that will personal programme mentioned an “We must not shy away from address- run until 30 November (see Europolitics “integrated approach” that will have to ing the crisis of the nation-state,” 3776). The white paper coincides with be implemented. declared Felipe Gonzalez in Bruges. the call by some 20 presidents of regions The academics noted that compe- “It will be difficult to keep the same for a European ‘territorial pact’ (3800). tences overlap between the different model that gave very good results after Recently, CoR President Luc Van den levels of power to address problems that the Second World War. Europe is going Brande sent an open letter to newly also overlap (the example of environ- to have to be completely reformed.” His reappointed Commission President José mental problems was mentioned often, main recommendation concurs with Manuel Barroso, in which he called for since regional and local authorities are the CoR’s political aim of “building a future-oriented partnership with cities responsible for a large segment of public Europe in partnership”: “We have cre- and regions (3821). The CoR and the transport, for example). On their behalf, ated the single market. We have cre- Commission have to renegotiate their Professor Jörg Monar, director of studies ated the euro. But we neglected to push interinstitutional agreement in 2010. at the College of Europe (Department the decentralisation process further, to Barroso will make an official visit to the of Political and Administrative Studies), serve the population, so that every level CoR in December. said that partnership between regions - Europe, state, region, local level – has In Bruges, Luc Van den Brande, co- and cities emerges today as one of the the competences required to meet citi- rapporteur for the white paper, pointed conditions for coping with global chal- zens’ needs.” He continued: “However, out the importance of multilevel gover- lenges. Political impetus has to be given such decentralisation cannot result in nance: “I have been asked many times to such partnership initiatives. n unfettered ‘centrifugism’. European- if this is a call to replace a Europe of level coordination is still needed.” nation-states by a Europe of regions. My Organised by the CoR and the Col- answer is quite clear: we need a Europe (1) The white paper is available at lege of Europe, the conference was also that is built with the regions, with the www.europolitics.info > Search = 257172

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EU budget 2007 discharge: Power struggle between Parliament and Council

By Célia Sampol see these same budget headings for 2007 of credits from interpreting to travel, and decided to wait six months before the Council explains that, to limit the Act two of the postponement of the voting again on the discharge. budgetary consequences of the 2004 2007 discharge for the Council of Min- From the beginning, the Council has enlargement, a mechanism was put in isters: the Council has just placed on its pointed out to Parliament that the treaty place at the time for credits used to repay website a folder of documents contain- gives it the power of discharge only for the travel expenses of delegates attend- ing detailed information on its accounts the European Commission, which has ing Council meetings and interpreting in response to the questions raised by ultimate responsibility for the proper during these meetings. the European Parliament. The matter execution of EU funds. It is the EP itself In cases where the interpreting cred- could therefore be settled amicably, its were not all used, the member states on 1 October, but the real dispute lies concerned could transfer the remaining elsewhere, ie in the struggle between The real struggle is over amounts (up to 66%) to travel. The docu- the two branches of the budget author- control of funds earmarked ment explains, however, that only travel ity over control of funds earmarked for for foreign policy expenses for attending Council meet- foreign policy. ings are concerned, not accommodation Flashback to 23 April 2009: Parlia- expenses. The heading can “in no case” ment, as the authority in charge of be used to finance missions by Secretariat- checking proper execution of EU funds, that introduced the practice of drafting General personnel or delegates. voted to grant discharge for almost a discharge report on all the other insti- These documents are expected to sat- all the EU institutions and bodies for tutions, but the Council maintains that isfy COCOBU and prompt it to vote for the 2007 budget. However, it decided there is no discharge as far as its accounts discharge, on 1 October (the vote in ple- to follow the recommendation (of 16 are concerned. It also notes that the nary is set for 20 October in Strasbourg). March) of its Committee on Budgetary 2007 report by the Court of Auditors MEPs never really considered refusing Control (COCOBU) to postpone the does not identify any irregularities in the discharge, in fact. grant of discharge for the Council. The its accounts. These arguments failed to The reason for the postponement was political signal was strong and the attack convince MEPs, however. There fol- not so much the desire to obtain trans- virulent. Rapporteur Soren Bo Sonder- lowed an exchange of letters and meet- parency as to pressure the Council to gaard (GUE-NGL, Denmark) explained ings, and then the new Chair of the change its attitude and provide access to that the greatest transparency possible Committee on Budgetary Control, Luigi its accounts. had to be obtained on the use of taxpay- de Magistris (ALDE, Italy), decided, in The power struggle between the two ers’ money in times of crisis and citizens’ July, to invite the Council’s Deputy Sec- institutions over control of funds for loss of confidence in Europe. retary-General Pierre de Boissieu and a foreign policy is still intense. representative of the Swedish EU Presi- Parliament’s doubts dency to attend the COCOBU meeting, External action service According to the rapporteur, the on 30 September in Brussels, to discuss This struggle will pervade discussions Council provided no information on its the discharge “officially and formally” on implementation of the Lisbon Treaty, accounts, as do all the other institutions, on the eve of the vote. in particular creation of the EU’s Exter- and continues to refer to the ‘gentlemen’s nal Action Service meant to assist the agreement’ of 1970 whereby Parlia- Explanation of transfers high representative for foreign policy. ment and the Council do not meddle In this context, the Committee of Since the latter will also be the Com- in each other’s accounts. The EP is of Permanent Representatives (Coreper) mission vice-president, the EP wants to the view that this situation cannot con- decided, on 10 September, to reca- know whether the budget for this service tinue because the Council increasingly pitulate all its arguments and place will come under the Commission’s or uses part of its administrative budget for them online on its website at consilium. the Council’s budget. operational spending, particularly in europa.eu/budget. The file contains The question is particularly sensitive the area of the Common Foreign and notes from the Secretariat-General to because, with Lisbon, Parliament will Security Policy (CFSP). MEPs therefore Coreper, exchanges of letters and other obtain new budgetary powers and will demanded a right of scrutiny over this information, and answers the seven have the final say on the entire budget, expenditure. questions raised by Parliament (on non- including expenditure on EU foreign The pretext was ideal. MEPs then budget accounts, verification of invoices, policy, which until now has been the turned to the Council’s ‘non-budget’ interpreting costs, delegations’ travel exclusive preserve of the member states. It accounts, where, in 2006, some €12 mil- expenses, other operating expenses, spe- could also try to impose its views further lion were transferred from the heading cial advisers in the area of CFSP-ESDP but the subject is certain to be the subject for interpreting to the heading for travel and 2007 transfers). of tough negotiations between the two expenses under the CFSP. They asked to On the sensitive issue of transfers branches of the budget authority. n www.europolitics.info Sold by subscription only © reproduction strictly prohibited in any language EUROPOLITICS N° 3825 Friday 25 September 2009 11

EU/Germany All eyes on Merkel

By Fabrice Randoux the SPD and the Greens due to their diverg- SPD in the opposition would have fewer ing views on taxation and nuclear energy scruples over taking a left-of-centre line. In Will Angela Merkel govern for the next and for the same reasons a CDU/CSU- the Liberal Democrat group, the German four years with the Social Democrats, as FDP-Greens coalition seems unlikely. Liberals would put even more pressure on she has had to do since 2005, or with the Germany’s European policy is not Guy Verhofstadt to follow the EPP. FDP Liberals, as she would like? These expected to change whichever coali- The main uncertainty is in fact the name are the stakes of the German elections, tion may be formed. During a TV debate of the future German commissioner, impa- on 27 September, because no one doubts between Angela Merkel and Frank-Walter tiently awaited by José Manuel Barroso to that the Conservative chancellor will Steinmeier, the EU was not even men- allow him to set up his team. If Liberal defeat her SPD adversary, Foreign Minister tioned: the only foreign policy question dis- leader Guido Westerwelle is named foreign Frank-Walter Steinmeier. cussed was the Bundeswehr’s engagement minister as he hopes, the commissioner The latest polls show 35% voting in Afghanistan, which is defended by both would probably come from the ranks of intentions for the Union of the CDU parties. Although the CSU took up the issue the CDU. Angela Merkel would like an and its Bavarian younger sister the CSU, of the Constitutional Court’s ruling on economic portfolio, such as competition or 25% for the SPD, 13% for the FDP, 11% the Lisbon Treaty (see Europolitics 3808) financial services. Although many names for the Greens and the radical left party, to try to limit the federal government’s have been mentioned (eg Home Affairs Die Linke. room for action in Brussels, it has failed to Minister Wolfgang Schaeuble and State In the German electoral system, if the convince. Secretary Peter Hintze), none is prevailing CDU-CSU Union and FDP together score In the EU Council, the consequences for the moment. According to Der Spie- at least 48%, they will have a majority in of a Conservative-Liberal coalition would gel, Angela Merkel may also have in mind the Bundestag and can form a coalition. be a strengthening of the right, which is Finance Minister Peer Steinbrück, who is a If they do not make the mark, the alterna- already heads in office in three fourths of Social Democrat, but whose collaboration tive would be the renewal of the coalition the 27 member state governments. In the during the financial crisis was highly appre- between Conservatives and Socialists. The European Parliament, this coalition would ciated. Such a gesture of openness would Liberals have ruled out any coalition with heighten the right-left polarisation. The be hard for the CDU-CSU to swallow. n

Sold by subscription only © reproduction strictly prohibited in any language www.europolitics.info 12 Friday 25 September 2009 N° 3825 EUROPOLITICS

Informal Education Council Teaching profession needs upgrade, ministers agree

By Marianne Slegers tions. The participants all agreed that the Union should also provide teachers with teachers’ motivation, skills and competences support and guidance when they enter “Very few top students choose to become were key factors in providing high-quality working life. Furthermore, the ministers teachers,” according to the Swedish Minister education. Björklund said it was impor- discussed the status of the teaching profes- for Education, Jan Björklund, who believes tant for the member states to jointly tackle sion and the role of the school manage- that this is true for all the EU member problems relating to education. “Education ment. According to Björklund, “teachers states. Accordingly, all 27 countries face is strategically vital. We have to have good are the single most important factor in chil- the challenge of attracting young talent schools in order to be competitive with the dren achieving good results and motivated to the teaching profession. Speaking after rest of the world,” he said. The EU has no and skilled teachers and school leaders who the conclusion of the informal Education formal competence in education issues and are educational leaders, not administrative Council, which took place on 23-24 Sep- cannot propose legislation in this field. directors, are needed in order to achieve tember in Göteborg, Björklund said that During their meeting, the ministers success”. The Swedish EU Presidency while the ministers exchanged views on agreed on the need for an EU-level net- expects the conclusions of the informal common concerns in the field of education, work to ensure that teachers receive in-ser- ministerial meeting to be adopted at the they could not identify ‘one size fits all’ solu- vice training throughout their careers. The Education Council in November. n

European Day of Languages One in three Europeans at least bilingual Among the EU’s adult population, 36% The United Kingdom (65%), one foreign language were observed in speak one foreign language and 28% speak (59%), Austria (50%), Greece and Sweden Greece (92%), Italy (74%), Ireland (73%), at least two foreign languages, whereas in (both 45%) had the largest proportion of Spain (68%), Malta (60%) and Hungary 2007, 60% of students in upper secondary those declaring they speak one foreign lan- (57%). It should be noted that more than education studied two or more foreign lan- guage. The highest shares of those speaking half (51%) of students in upper secondary guages and 6% did not study any foreign no foreign language were found in Hun- education in the United Kingdom did not language. These figures are revealed by gary (75%), Portugal (51%), Spain (47%), study any foreign language, followed by Eurostat, in data published on the occasion Bulgaria (44%) and Greece (43%). Ireland (19%). of the European Day of Languages, which In fourteen of the twenty one member English is the most studied foreign is celebrated on 26 September each year. states for which data are available, Eng- language in upper secondary education, The objectives of this event are to alert the lish is the most commonly spoken foreign except for Luxembourg, Ireland and the public to the importance of language learn- language among adults. Russian is most United Kingdom. n ing, to promote the rich linguistic and cultural common in Bulgaria, the Baltic states and diversity of Europe and to encourage lifelong Poland. Detailed statistics are available at language learning in and out of school. The largest shares of students studying www.europolitics.info > Search = 257160

www.europolitics.info Sold by subscription only © reproduction strictly prohibited in any language EUROPOLITICS N° 3825 Friday 25 September 2009 13

EU/NATO/Serbia Belgrade faces ‘integration dilemma’

By Paul Ames in Belgrade Hague and the dispute over Kosovo to told Serbian Deputy Prime Minister Bozi- the EU’s own ‘enlargement fatigue’ and dar Djelic in Brussels last week. Rehn also The expected lifting of EU visa restric- the threat to future expansion posed by announced a €100 million funding agree- tions on Serbians in 2010 is eagerly antic- doubts over the Lisbon Treaty. ment to help Serbia overcome the financial ipated by many in Belgrade as a tangible crisis. sign that their country is finally emerging PUBLIC NOT READY YET However, EU membership is still a long from years of isolation following the wars NATO, meanwhile, is keen to get Serbia way off and Serbia will face some tough of the 1990s. However, while Serbs can on board. Alliance officials say Serbian min- barriers that are not of its making. If the now look forward to hassle-free holidays, isters in private are open to the idea of mem- Lisbon Treaty falls due to another Irish ‘no’ business trips and student exchanges in bership and many younger army officers are vote or though the stalling of Czech Presi- the Schengen area if the final hurdles to keen to see that happen. NATO recently dent Václav Klaus, all further enlargements visa liberalisation are cleared, other ongo- hosted a ‘Partnership for peace’ exercise beyond Croatia, and perhaps Iceland, are ing developments in the Balkans serve to with allies. However, widespread public likely to be frozen. Even with Lisbon, there show how far Serbia has fallen behind opposition means the issue is officially taboo is little enthusiasm in many EU capitals its neighbours on the road to integration just ten years after the Kosovo war, which for a rush to bring in new members, such with the Euro-Atlantic mainstream. saw NATO warplanes bomb Belgrade and as Turkey, Ukraine or the smaller nations of The expectation that Montenegro and other Serbian cities. The bombed-out shells the Western Balkans. Bosnia-Herzegovina will apply soon for a of government buildings still serve as a vivid The dispute over Kosovo’s status will also membership action plan to join NATO reminder of the war and anti-NATO graffiti hang over Serbia’s bid. Many EU govern- will leave Serbia as the only nation in the are common around the city. “The politi- ments will be wary of importing the conflict Balkans that is neither in the alliance nor cians don’t rule it out as an idea, but they into the EU and no Belgrade government well along the path to joining. Croatia know that public opinion is not ready yet,” in the foreseeable future is likely to envisage and Albania entered NATO earlier this says Jelena Stevanovic, a journalist with the dropping the county’s opposition to Kosovo’s year and their flags now fly outside alli- Belgrade daily Politika. independence, which is recognised by all ance headquarters in Brussels. Macedo- Some western officials are concerned that but five of the EU’s members. nia has completed its road map for mem- Serbia risks becoming a de facto Russian sat- Many in Serbia are concerned, however, bership and entry should be immediate ellite if it does not join Euro-Atlantic struc- that without any progress in bringing the once it solves the name dispute that led tures, given historic ties with Moscow, Rus- country in from the cold, disillusionment to Greece vetoing its entry alongside the sian support over Kosovo and the growing with the West and with the country’s pro- Croats and Albanians. economic influence of Russian firms. How- Western government will grow, opening the Macedonian President Gjorge Ivanov ever, the Belgrade government is officially way for a return of hardline nationalists. For is expected to meet UN mediator Mat- pursuing a neutral line and may even seek now, the Serbs are hoping the European Par- thew Nimetz on the sidelines of the to revive Yugoslavia’s old role between the liament will vote in November to accept the UN General Assembly in New York two Cold War blocs. Foreign Minister Vuk European Commission’s visa proposals so this month and there is renewed hope Jeremic wants to host a summit of the non- that they can re-establish personal ties with of progress after the Greek general aligned movement, in 2011. Meanwhile, the rest of Europe even if their government’s elections, on 4 October. Serbia’s hopes of joining the EU have been aspirations for EU integration remain a long Sources at NATO headquarters say they held up by the freezing of its stabilisation way off. That plan has provoked criticism expect Montenegro and Bosnia to submit and association accord with the EU. The because while the mainly Orthodox coun- their applications for membership action SAAs are a stepping stone to membership for tries of Serbia, Montenegro and Macedonia plans by the end of this year. Bosnia may Balkan nations. Serbia signed one last year, are expected to be included in visa liberali- even place its bid as soon as October. but it was then frozen by the EU because of sation, Kosovo, Bosnia and Albania - which Meanwhile, last week’s deal to end a concerns over cooperation with the tribunal have large Muslim populations - have been long-running border dispute between in The Hague. The Netherlands in particu- judged not ready. Slovenia and Croatia has cleared the way lar has been adamant that the SAA must not Some European politicians are urging the for Croatia’s EU membership process to come into force before Bosnian Serb war EP to hold back on the liberalisation so as resume, although Zagreb’s initial hopes leader Ratko Mladic is captured. While the not to underscore divisions within the Balkan of a 2011 target date for EU membership Dutch may be prepared to relax their stance, region. However, Serbs fear a vote against may still be over-optimistic. Serbia’s pro- EU officials have cautioned Belgrade against their hopes would be a serious setback in Western government is keen to join the submitting an official EU membership bid efforts to normalise their country’s relations EU and has even talked about submit- until the SAA is unfrozen. “It is important with the rest of Europe and a major blow ting a membership bid before the end of first to have the interim agreement in force to pro-Western politicians. “That would be 2009. However, it faces huge obstacles - before moving to the next stage of applying a disaster,” says Stevanovic. “Serbs are very from concerns over cooperation with the for membership of the European Union,” frustrated with the visa system, we feel as if international war crimes tribunal in The Enlargement Commissioner we live in a cage.” n

Sold by subscription only © reproduction strictly prohibited in any language www.europolitics.info 14 Friday 25 September 2009 N° 3825 EUROPOLITICS

In Brief

Morin on permanent EU military China denies restricting European ERC Executive Council staff pork imports inaugurated French Defence Minister Hervé Morin China has denied imposing restrictions on The Executive Agency of the is “convinced” that the European Union imports of European pork because of the European Research Council (ERC) will in time take on a permanent military presence of the H1N1 virus, announced was inaugurated, on 24 September in staff in Brussels to lead its military the New China official news agency, Brussels, in the presence of Science operations, once Britain has overcome its on 24 September. The EU’s Health and Research Commissioner Janez “misgivings”. “We cannot simultaneously Commissioner, Androulla Vassiliou, had Potocnik and other Commission officials, aim to make more operational BG said the day before that China was restricting representatives of the Swedish EU 1500 [battle groups of 1,500 European imports of pork from Denmark, France, Italy Presidency, members of the European troops] and refuse to have an operations and Spain after the flu virus was detected in Parliament, as well as Professor Fotis command centre in Brussels,” he said Northern Ireland. “This will be of concern to Kafatos, the ERC’s president and chair of at a colloquium on European defence the EU because it is seen as protectionism,” the ERC Scientific Council, and ERC policy sponsored by the Robert Schuman Vassiliou said at a news conference in Executive Agency Director Jack Metthey. Foundation, on 24 September in Paris. Beijing. “We are still authorising imports “It takes weeks to put in place a military from these countries to China but we are Council: Amending letter to 2010 staff every time we conduct an operation simply asking for increased inspections,” said draft budget and all its achievements and know-how a senior official of the agency in charge of The Council is not prepared to accept the are lost when we dissolve it,” he added. quality control and quarantine, Yu Taiwei. first part of the European Commission’s Britain has held up for years the creation “Applications for health certificates for EU amending letter to the draft 2010 budget. of a permanent EU military headquarters, pork are necessary to prevent the spread The letter provides for an increase of €95 considering it an unnecessary duplication of H1N1 flu,” he added. China imported million (commitments) and €60 million with NATO. 932,000 tonnes of pork last year, ie half (payments) for Palestine. It has to revise its total meat imports, according to Trade its position on the last two parts of the ECB reveals 5% decline in euro Ministry figures. amending letter, which concern the money market creation of a new budget article for support Turnover in the eurozone money market Opel case: Mandelson sends open measures for bananas and an increase is down for the second year in a row, letter to Kroes of €50 million (commitments) and €20 according to a European Central Bank In an open letter sent to EU million (payments) for the environment in survey, falling 5% compared to the second Competition Commissioner Neelie anticipation of a Copenhagen agreement quarter of 2008. The unsecured market Kroes, on 24 September, British Business in December. For bananas, the Council took the brunt of the decline, according Secretary questioned considers that a legal basis is still lacking to the Euro Money Market Survey 2009, the viability of Magna International’s and for the climate that the Commission’s contracting by 25% this year. Longer plan to buy Opel, General Motors’ proposal is premature. It will address the maturities – lasting from three months main European arm. In Mandelson’s two matters again at its second reading of to one year – were the hardest hit, with opinion, Magna’s plan would cost more the 2010 budget. turnover dropping 44% compared to than rival offers. He notes in particular last year. Respondents to the survey said that under Magna’s proposal, capacity Cameron reassures Klaus liquidity conditions and efficiency in the will be underutilised in highly efficient Britain’s Tory leader David Cameron unsecured market continued to decline. plants in the UK and Spain, while is said to have sent a letter a few weeks However, the secured market was up 5% other less efficient plants will benefit ago to Czech President Vaclav Klaus to on last year, and overnight activity reached from the plan. Mandelson asked the assure him that if the Lisbon Treaty is a five-year high, now accounting for 27% European Commission to review the not in force at the time of the legislative of all secured trades. After an industry situation to “ensure an outcome based elections, in May 2010 in the UK, commitment, on 31 July, 39% of total on commercial reasons rather than one and if the Tories are elected, he will secured market turnover is now being determined by political interventions suspend ratification of the document in cleared through central counterparties (see and subsidies”. “We are doing it already,” his country and organise a referendum, Europolitics 3802). The data are based on responded Kroes’ spokesman, on 24 campaigning for its rejection. The result responses from a constant panel of 105 September, adding that Mandelson’s would doubtless be negative. . banks and are published once a year. letter would not alter the EU executive’s approach in this delicate matter. www.europolitics.info Sold by subscription only © reproduction strictly prohibited in any language EUROPOLITICS N° 3825 Friday 25 September 2009 15

EU Agenda

Friday 25 September Conferences and Sunday 27 Council of seminars September 25 September, 12:30, Brussels Ministers n Promoting early language learning: Council of Competitiveness Council Technical press briefing 24-25 September, Brussels Subject: With its Europe-wide information Ministers campaign together with various events International Railway Safety Political and Security Committee being held in key countries, the European Conference Brussels Commission wants to put the spotlight on 27 September-2 October, Bastad (Swe) early language learning. The campaign is The International Railway Safety Conference The Swedish EU Presidency at the mainly directed towards parents. provides a forum for an in-depth exchange G20 meeting The spokesperson of will of experience and lessons for improving rail 24-25 September, Pittsburgh (USA) introduce the campaign and a scientific safety and is exclusively devoted to rail safety expert on the subject of early language issues. learning is expected to be present. Participants are senior officials with Organisers: ICWE and the European responsibility in rail safety management and European Commission mostly include industry representatives, safety Contact: Juliane Walter, Tel.: +49 (0)30 310 regulators, investigation agencies and rail Commission 18 18-0, [email protected] unions. Travel and visits Venue: European Commission, Press Room, n 8:30: José Manuel Durão Barroso Berlaymont (BERL -1) participates in the G20 summit (Pittsburgh) www.icwe.net n 11:30: participates in the European annual conference of ENOC (European Commission Network of Ombudspeople for Children) in Saturday 26 the presence of Dominique Versini, French Travel and visits ombudsperson for children’s rights (Cité September n attends the Labour Internationale Universitaire, Paris) Party conference (27-30, Brighton) n signs a memorandum of understanding between the Commission European and the government of Luxembourg (Luxemboug) Commission n 11:15: Press briefing with Vladimír Travel and visits Špidla on the Job Days on 3 October n attends the congress of (Representation of Commission to Belgium) the Ente Nazionale per l’Aviazione Civile n 14:00: Leonard Orban participates in the (ENAC - Italian Administration of Civil multilingual conversation table, visits stands, Aviation) (Taormina) etc (Place Jourdan) n Androulla Vassiliou meets with the n Androulla Vassiliou in China: meets Shanghai Expo Bureau and visits the with Chen Zhu, minister of health (9:30, Shanghai Expo site (9:45, Shanghai) Beijing); visits the Shanghai Center for Disease Control (14:45, Shanghai)

Sold by subscription only © reproduction strictly prohibited in any language www.europolitics.info 16 Insight Friday 25 September 2009 N° 3825 EUROPOLITICS

Insight Jurisprudence

Refugee status Court questioned over conditions for repeal of status

By Sophie Mosca fear of being persecuted is necessary but into consideration. According to the advo- not sufficient. The advocate-general speci- cate-general, they are not relevant elements A member state may end the refugee fies that it is also necessary for the changes to determine the possible loss of refugee status of a person when the circumstances in circumstance to guarantee that the status, but must nevertheless be considered in connection with which the refugee was refugee will be protected against persecu- by the national judge when considering recognised as such have ceased and when tion. In other words, a structure must be whether the change in circumstances is the refugee’s country of nationality is both set up which is capable of maintaining a sufficiently significant and unprovisional. able and willing to protect him. These are With regard to the means of assessing the main conclusions reached by the advo- the new and different circumstances jus- cate-general at the EU Court of Justice, in a If it notes instability tifying the fear of persecution, the advo- series of cases relating to the loss of refugee or serious breaches of cate-general replies to the referring court status emanating from a German court1. human rights, the member that, when a refugee invokes entirely new In 2005, the Federal Office for Migration and different circumstances, it represents and Refugees repealed the refugee status of state must refrain from a new request for refugee status and it is five Iraqi opponents of Saddam Hussein’s repealing the refugee up to the refugee to provide proof of risk regime who had fled to Germany, consid- status of persecution. On the other hand, if cir- ering at the time that these persons were cumstances have changed but some fac- safe from persecution in their country. The tors remain, he considers that the change five Iraqis contested this decision before the minimum level of public order, and which is not likely to be sufficiently significant German administrative courts, pointing out has an effective judicial system able to and unprovisional, and it is therefore up that, while the initial reasons having allowed sanction persecutions. to the member state to obtain proof of risk them to obtain refugee status had ceased to If protection against ‘serious harm’, a of persecution. n exist, the situation in Iraq remained highly broader notion, results from the defini- unstable and the German authorities tion of the person being able to benefit (1) Joined Cases C-175/08 Salahadin Abdulla had not correctly evaluated the political from subsidiary protection - another type (Germany) - C-176/08 Hasan (Germany) - C- situation in their country of origin. of international protection - a person who 178/08 Adem and Rashi (Germany) - C-179/08 The Bundesverwaltungsgericht, to loses his refugee status may be exposed Jamal (Germany) which the case was referred, would, in par- to the risk of suffering such harm, and ticular, like the court to ascertain whether should also be able to submit a request for a refugee ceases to have refugee status if subsidiary protection. the circumstances on the basis of which Moreover, Jan Mazák considers that, Antecedents that status was granted no longer exist and given the important consequences of the In the Elgafaji case (C-465/07), the he also has no other reason to fear persecu- loss of refugee status, a member state can court specified that a person who tion. It also questions whether and to what only end refugee status if it has examined requests subsidiary protection does extent certain additional requirements are whether the change in circumstances is not have to prove that he is being spe- imposed in order for that status to cease. sufficiently significant and unprovisional. cifically targeted due to his situation, The dispute is in line with Directive If it notes instability or serious breaches in his country of origin, if the prevail- 2004/83/EC on minimum standards of human rights, the member state must ing degree of violence attests to the applicable to the procedure for the grant- refrain from repealing the refugee status. genuine risk of serious and individual ing and withdrawal of refugee status in Protection may be granted by the state threats. member states, which clearly establishes or by parties or organisations, including In its Parliament-Council ruling (C- that refugee status is not, in principle, international organisations. Recourse to 133/06), the court annulled the pro- permanent: it can cease under certain cir- aid in the form of multinational troops cedures for the adoption and amend- cumstances. The member state wishing acting by virtue of a mandate from the ment of the minimum common list of to repeal a refugee status is subjected to international community, for example third countries considered to be safe, the verification of two conditions: assuring under the auspices of the UN, is not a sign established by Directive 2004/83, that the circumstances having justified of weakness of the protection structure. because they were subjected by the refugee status have ceased to exist and that The referring court raised the point that, Council to the procedure of simple the country of origin is able and willing to to evaluate the situation in Iraq, general consultation of the Parliament and not protect the person concerned. Establish- living conditions and the non-guarantee of to that of co-decision. ing that a refugee no longer has a justified the subsistence level had not been taken www.europolitics.info Sold by subscription only © reproduction strictly prohibited in any language