Memorandum by European Parliamentary Labour
Party (EPLP)
COMMENTS ON
THE WORK
PROGRAMME OF
A GENERAL
NATURE
The Commission Work Programme has to be juded
by two criteria. Firstly will it better equip the EU to face the
challenges of today—global warming, energy, fighting crime
and terrorism, managing migration. Secondly it should be judged
by how well it addresses the routine business that the Commission
has to focus on, inter alia, making the single market work
better, improving the quality of legislation, ensuring the proper
application of competition law, working towards the successful
conclusion of the Doha round.
In general the Commission Work Programme 2007
does success in satisfying both criteria and avoids the temptation
to produce an overlong shopping list. Nevertheless we would like
to see more emphasis on the effective implementation of legislation
already agreed. Indeed implementation should be the key watch
word, as without effective implementation the Commisson Work Programme
can only be a wish list.
Gary Titley MEP
EPLP Leader
All comments are compiled by policy topic in the
order they appear in the Commission Communication (COM (2006)
629).
Comments on the Work Programme of a specific nature
STRATEGIC INITIATIVES
On Better Regulation
The priority for the Legal Affairs Committee
in 2007 will be the Better Regulation and simplification agenda,
with 47 simplification initiatives set out in the programme. This
is a priority for the German Presidency and the UK government
is keen to see progress in this area, in particular in reducing
administrative burdens for SMEs, public authorities, and the voluntary
sector. For the first time these simplifications initiatives are
included in the main work programme, which shows progress on mainstreaming
this agenda. The work programme also gives a welcome commitment
to the use of impact assessments. This should equally apply to
the simplification elements in the work programme.
This agenda also puts a responsibility on the
Parliament and the Council to give the necessary priority to these
work areas, and to use impact assessment more systematically for
major amendments to Commission proposals.
On energy
There will be a package of legislative/non-legislative
measures which were called for in the Commission Green paper on
energy including:
Non-legislative text on a Strategic review of
the Energy policy for Europe.
Proposed directive on Measures to ensure the
completion of the internal market of electricity and gas.
Non-legislative communication on a
strategic energy technology plan to encourage new energy technologies
and bringing these technologies to market.
In addition to these and not mentioned in the
work programme there will be:
A roadmap on renewables and achieving renewables
targets in the EU.
A directive on the use of renewable energy for
heating and cooling.
On migration
There will be several legislative proposals
which will address issues such as: a clear legal status for economic
migrants—increasing integration and reducing exploitation,
a directive on highly skilled workers in streamline and fast track
procedures so MS can plug gaps in their labour markets and a directive
on minimum sanctions for employers found employing illegal third
country migrants. These directives can, in general, be considered
as in keeping with the UK's position on migration and the aim
of successful integration of economic migrants in the UK. The
directives are complementary and seek to protect both economic
migrants as well as indigenous businesses through sanctions for
unscrupulous employers.
On the single market review
This will be the main issue for the Internal
Market and Consumer Protection Committee in the Parliament over
the coming year and in the Spring Economic Council.
The content as yet remains unclear but expectations
are that it will focus on adapting the Single Market (SM) to the
21st century and globalisation. There are initiatives and proposals
in the work programme which are likely to be directly linked to
this single market review such as a Communication on the SM review,
a social reality stock take—taking stock on the social reality
in the EU with particular attention paid to access and opportunity.
EU communication policy—this policy aims to ensure that
consumers and business understand all the benefits the single
market has brought. And also the White paper on Damages Actions
for breach of EC competition rules—likely to aim for a more
pro-active competition policy and will feature as part of the
SM review.
Energy is identified as a key area of work to
complete the single market and is also a high profile issue linked
to security of supply and rising costs. Health Services were removed
from the Services Directive and will be considered as part of
the SM review. It will be important to ensure right balance between
maintaining adequate standards of patient protection and ensuring
free movement of services and people.
On combating terrorism
There will be further co-operation in the field
of fighting crime and terrorism with a communication on cyber
crime (see Priority Initiatives) and a revision of the
Framework Decision on combating terrorism.
On Emission Trading scheme
A proposal for amending the directive on the
EU Emissions trading scheme will be part of the review of EU climate
change legislation. So this is a key tool at our disposal for
tackling climate change by reducing CO2 in a cost effective manner.
The Commission will be publishing a review in October of the current
rules with the aim of improving how the Emission Trading scheme
works and extending its scope to cover more sectors and green
house gases.
A proposal on aviation emissions was adopted
by the Commission on 20 December 2006. This work has carried over
into 2007 and is a key issue for the year ahead. The Commission
proposed the incorporation of aviation into the existing ETS and
the proposal focuses on how that would be best achieved. Key issues
are scope, ie whether to cover all in-coming and out-going flights,
and timing, ie whether a new system could be in place before 2012.
The Commission must ensure that the aviation
industry is included in the scheme as soon as possible. The scheme
must be workable and must not put European Airlines at a competitive
disadvantage to third-country airlines. Noting public pressure
and predicted sector growth rates, as aviation currently produces
3 per cent of CO2 emissions, the industry must not be penalised
against other industries which are far bigger polluters.
On safe and efficient health services
This dossier is expected in June 2007 and follows
on from the exclusion of health in the context of the recently
adopted services directive. The Commission's proposals will seek
to determine how the EU can add value to the organisation of health
services at Member State level and will address legal clarity
issues related to the cross border provision of health care services
and patient mobility in view of recent ECJ judgements.
On diplomatic and consular protections
This communication strengthens diplomatic and
consular protection so citizens are aware of their rights in this
field when outside the EU.
On health strategy
This white paper is expected in June 2007 and
will seek to ensure that EU health policy is coherent and addressed
in a cross sectoral manner by the Commission's services. In particular,
the strategy document will seek to identify ways to bridge health
inequalities across the EU, facilitate access to health services
and mainstream health into all EU policies.
On renewed market access strategy
The renewed market access strategy is welcome
in as far as it will look to further dismantle tariff and non-tariff
barriers, especially "behind the border" regulatory
restrictions, and will call for more effective implementation
of current WTO provisions which shall enable EU businesses to
more easily trade in third countries. Encompassed within the latter,
a strategy for more effective enforcement of intellectual property
rights is to be welcome.
It is important within this strategy that while
bi-lateral deals should form part of the strategy for market opening
it must be made clear that they are as a complement to, rather
than a replacement for, multilateral negotiations at the WTO.
It is important that the sense of urgency to
make the EU more competitive should not lead to the market access
strategy pursuing one pillar of EU trade policy, EU competitiveness,
at the expense of the other pillar, sustainable development. In
order to ensure this, the Commission must make sure that market
opening is not pursued at a speed which may be of detriment to
the development of a country. Similarly, pursuing liberalisation
within certain sectors, such as within government procurement
in essential public services, such as water provision, should
not be pursued where it is not appropriate for local sustainable
development.
On future maritime policy
A positive strategy concerning future maritime
policy is very welcome and full consultation with industry, employees
and all stakeholders is of the utmost importance. It is also encouraging
that the Commission have taken time to reflect on European Ports
Policy after the double rejection of the Ports Services Directive.
A Communication of possible ways forward after adequate consultation
with stakeholders is a constructive initiative.
The Green paper on a future maritime policy
for the Union launched a debate on an integrated Maritime Policy
which will release untapped potential in terms of growth and jobs
while strengthening the protection of the marine environment.
The document has now been allocated to the Transport
Committee with enhanced co-operation although the Fisheries Committee
attempted to claim it, and along with several other EP committees,
will submit an opinion.
On urban transport
The proposed green paper on urban transport
is to be welcomed, This will play a major role in assessing the
impact of a European energy policy on urban transport. All too
often in European debates on energy the impact of the transport
sector is overlooked despite playing a major role in a future
common EU energy policy. It should not be forgotten that urban
areas are responsible for 75 per cent of greenhouse gas emissions,
therefore addressing transport related issues in this area is
essential.
On climate change 2012
The Commission will produce two strategy documents
that will shape EU climate change policy post 2012. The Commission
will launch a public consultation on climate change in April 2007
seeking the views of stakeholders on the way forward. The results
of this consultation will be taken up in a white paper in November
2007.
In addition, new proposals related to climate
change expected in 2007 will seek to reduce emissions of CO2 from
heavy duty vehicles (ie trucks, buses used in road transport etc),
encourage more environmentally friendly passenger cars by setting
mandatory emission reduction targets and ensure that the promising
new carbon capture and storage technology for tackling climate
change is safe, effective and available across the EU.
With regard to air quality a legislative proposal
is foreseen to reduce atmospheric pollution by setting national
emissions caps. The aim of the proposal will be to achieve ambitious
reductions by 2020 with an emissions trading scheme under consideration
for accomplishing this. The Commission is also planning an important
review of existing rules on industrial emissions and notably the
Integrated Pollution Prevention and Control Directive (IPPC).
The IPPC Directive is one of the key pieces of legislation governing
industrial emissions and the review will aim to improve its functioning
and find ways of encouraging industry to go beyond regulatory
compliance.
On communication policy
The Commission's emphasis on connecting Europe
to its citizens through, amongst other programmes, "the Plan
D" and the white paper on communication should dovetail with
the on-going work of the petitions committee which provides a
direct interface with citizens.
The white paper on communication will look at
ways of improving links between the institutions and the citizens
and will promote greater co-operation between the Commission,
the petitions committee and the European Ombudsman in the fields
of communicating Europe, providing redress and informing citizens
of their rights through EU membership.
To succeed in "connecting" with citizens,
international development must be given particular attention.
PRIORITY INITIATIVES
On European climate change adaptation programme
See notes on climate change.
On implementation and enforcement of environmental
law
An overall review of environmental policy is
foreseen at the end of 2007 providing an opportunity to assess
the implementation and effectiveness of EU environmental policy
to date.
On nutrition
This white paper will build upon the current
green paper on diet and nutrition. Some of the key issues to date
include the need for effective monitoring and assessment of industry's
voluntary commitments, more product reformulation, restrictions
on TV adverts aimed at children of foods high in fat, salt and
sugar, the development of an EU sign posting scheme and better
labelling requirements.
On the fight against cyber crime
Linked to the work on combating terrorism (see
Strategic Initiatives).
On animal health
Legislative initiatives related to animal health
but which have implications for food safety will aim to review
existing rules to ensure that they are working properly. Proposals
will be made to clarify, simply and/or update rules where necessary
in order to achieve better regulation at European level.
Initiatives on animal heatlh will also involve
establishing a clear policy framework for the period 2007-13 taking
into account the needs of industry, consumers and our international
obligations.
On organ donation and transplantation
In March 2007 the Commission will explore ways
of ensuring the safety and quality of human organs for transplant
as well as addressing issues of organ donor shortage and organ
trafficking. Future legislative initiative in this area is not
excluded as a policy option as there is a basis for this in Article
152(4) of the Treaty.
On safety of toys
This is a worthy initiative that aims to simplify
the current legislation, clarifying essential safety requirements,
and improving implementation.
On Erasmus Mundus II
Whilst recognising the importance of co-operation
in the field of higher education, it remains the case that the
three institutions agreed—in the context of the DCI negotiations—that
special priority should be given to basic (and secondary) education
in the EU's development co-operation. This should be reflected
in the work programme.
On NAIADES
It is interesting to see the Commission initiating
concrete plans for the NAIADES programme for revitalising Europe's
inland waterways. This is a good opportunity for promoting environmentally
friendly alternatives for freight transport and good intentions
must be backed up by the appropriate funding.
On road safety
The proposal on cross border enforcement of
sanctions in the field of road safety will have to be monitored
particularly closely. This will play a major role in improving
enforcement of existing road safety legislation. Effective enforcement
in the field of road safety has long been a stumbling block in
the pursuit of halving EU road deaths by 2010. The scope of this
proposal must be monitored so that there is no room for one Member
State to issue criminal sanctions in another.
On development aid and co-operation
The European Union takes pride in the fact that,
together with its 25 Member States, it is by far the biggest provider
of ODA in the world. This position should give the Union not only
moral clout in the field of development co-operation, but also
a special responsibility to take the lead in establishing examples
of best practice in this field.
2005 was the "Year of development co-operation"—we
saw the UN World Summit, the Paris High-Level Forum, G8 (Gleneagles)
and the WTO Hong Kong Ministerial. In 2005, the EU institutions
agreed on a new Development Policy Statement, the "European
Consensus on Development" and on an EU Strategy for Africa
(which was presented as the first practical application of the
European Consensus).
In addition in 2006, the three EU institutions
agreed on a new financing instrument for Development Co-operation
(DCI). This instrument sets down the guiding priciples and priorities
of the European Commission's development co-operation with all
non-ACP developing countries for the next financial perspectives
(2007-13).
Also the EU recognises the need to respond to
the increasing number of natural disasters and is therefore ensuring
that ECHO has a new long-term strategy for the speedy and effective
delivery of humanitarian aid.
In the Commission's 2007 work programme, however,
these recent and positive developments are conspicuously absent.
Humanitarian aid, for instance, is not mentioned at all, and in
the few instances when it is mentioned, development co-operation
is considered as an instrument of the Union's external actions,
at the service of EU interests, and for promoting the EU's internal
values and priorities outside the Union's borders.
In addition in the subchapter "Europe as
a world partner" (p 7 of the Commission Communication), external
priorities are defined exclusively in relation to EU interests
(enlargement, market access, trade, European Security Strategy,
diplomatic and consular protection).
This is indicated in the following statement:
"This Commission sets out its strategic
objectives at the start of its mandate: putting Europe back on
the track of prosperity, re-enforcing our commitment towards solidarity;
strengthening citizens' security and, finally, projecting and
promoting these priorities outside our borders with a stronger
voice in the world."
This contrasts strongly with the 2005 "European
Consensus on Development" which states that "The primary
and overarching objective of EU development co-operation is the
eradication of poverty in the context of sustainable development,
including pursuit of the Millennium Development Goals (MDGs) and
in which the institutions "reaffirm that development is a
central goal by itself".
The Commission has apparently downscaled their
commitment to play a central role in International Development.
On page 10 of the Commission Communication, subchapter "International
scene", the Commission claims for itself a "lead role
in ongoing international negotiations" in the following fields:
environment (notably climate change and biodiversity), agriculture,
fisheries, trade and intellectual property). There is no mention
of development or humanitarian aid.
In the "European Consensus for Development",
the signatories "reaffirm their commitment to promoting policy
coherence for development, based upon ensuring that the EU takes
account of the objectives of development co-operation in all policies
that its implements which are likely to affect developing countries,
and that these policies support development objectives".
In the 2007 Work Programme, however, the only
mention of trade policy—and its links with development objectives—contradicts
this subsciption to coherence: "Over the coming year, a key
goal of the Commission will be to overcome the obstacles to an
agreement in the Doha Development Round. This remains central
to the health of the global economy. At the same time, the EU
should pursue its Global Europe Communication to promote a dynamic
policy of external competitiveness and co-operation to improve
trade relations with key partners and to ensure the external dimension
contributes to growth in Europe". The only reference to Economic
Partnership Agreements (EPAs) is vague and non-substantive: "Negotiations
on Economic Partnership Agreements, which represent a cornerstone
for the regional integration of the ACP countries and for their
development, will be concluded by the end of 2007". This
ignores the major divisions between ACP negotiators and the European
Commission on how to give tangible expression to the concept of
development in an EPA. Europe is negotiating EPAs with an ACP
group that includes some of the most vulnerable economies in the
world, with the largest collection of least developed countries,
small islands, small economies, and landlocked states. The ACP
have serious concerns, especially about supply-side constraints
and institutional shortcomings and assert that adjustments require
substantial additional funding. They also raise as facets of their
development priorities the need for an asymmetrical approach to
trade liberalisation, special and differential treatment, and
a simplification of complex rules of origin. ACP negotiators have
stated clearly that they will not be terrorised by deadlines and
that the expiry of the WTO waiver should not be used to argue
for the need to sign up to an agreement that is perceived as detrimental
to ACP development interests.
The DCI and its consequences for the future
work of the Commission (starting in 2007) are not mentioned explicitly.
There is on reference to a new set of instruments for external
actions on page 8 of the communication. Once again, poverty alleviation
and the sustainable human development of the partner countries
are not stated as goals of the new instruments: "A new set
of external policy instruments will be introduced to promote development
and co-operation and to deliver external assistance in over 150
countries around the world, to respond to trans-regional security
threats or to promote human rights and democracy."
The negotiations on the DCI should lead to a
proposal from the Commission for a new set of Communications setting
out priorities for the different geographical regions considered
by the DCI (Latin America, Asia, Central Asia and Middle East)—following
the example of the 2005-06 series of communications on the different
geographical regions coverd by the EDF.
Another natural consequence of the DCI should
have been a revision of the series of seven Communications on
thematic priorities (issued by the Commission at the beginning
of 2006) to bring them into line with the newly agreed thematic
priorities under the DCI. This, again, is not considered in the
work programme.
The Commission identifies environmental protection
as one of its priority areas. However, serious proposals focusing
on climate change and its impact on developing countries, who
contribute less to climate change, but who—according to
all projections—will suffer most from it, are absent from
the Work Programme.
There is a welcome and positive reference to:
"Communication on complementarity, division of labour and
scaling up of development aid".
In view of the increasing number of humanitarian
disasters, both natural and manmade—in Darfur, Iraq, Afghanistan,
Lebanon, Palestine—a broader and more focused approach is
needed. There are clearly a lack of financial and human resources
to efficiently respond to these humanitarian needs. The Union
must continue to play a leading role in humanitarian action and
to be active in taking forward the reform process of the global
humanitarian system according to the principles of "Good
Humanitarian Donorship".
On a common asylum system
A key paper will be the Commission's Green paper
on the establishment of the second phase of the Common European
Asylum System (CEAS). The aim is to have this established by 2010
and this objective stems from the Hague Programme. This will be
a contentious dossier for Council and could see a clash between
Council and EP.
On trade defence
The European Community's Trade defence instruments
undoubtedly need updating. Currently the Commission's responses
to calls for anti-dumping measures are too often in favour of
those who petition the Commission to take action. Often anti-dumping
measures are not in the broader Community interest in terms of
how they affect the entirety of EU businesses and consumers.
In order for this to change there needs to be
greater consideration given to the broader community interest
when deciding to implement anti-dumping measures, rather than
just those of the producers who are competing against more competitive
imports. Hence a voice and greater consideration needs to be given
to importers, the retail sector, small- and medium-sized enterprises
and consumer groups.
It is also important that European companies
who choose to locate themselves in third countries are not then
penalised through the use of trade defence instruments, therefore
consideration needs to be given to their interests prior to any
trade defence measures being put in place.
There also needs to be in place a more thorough,
objective, transparent and accurate methodology of investigation
when the Commission looks into anti-dumping allegations. The role
of so called "analogue countries" which are not fully
relevant to the country under investigation, such as when Brazil
was used as a comparison to discover whether Chinese shoes were
being exported at less than cost price, needs to be re-examined.
On generalised tariff preferences
It is vital that the Commission monitors those
countries that have committed themselves to implementing International
Labour Organisation conventions under the GSP and ensures their
implementation. The recent suspension of Belarus' GSP preferences
was welcome, however the Commission needs to go further to guarantee
that other GSP partners deliver on their ILO commitments under
the GSP.
On EU-Africa relations
The Commission should acknowledge that a lot
remains to be done to achieve the MDGs in Africa. Although the
EU-Africa Strategy has proved a very useful basis for further
dialogue with the AU, it has not yet led to a Joint AU-EU Africa
Strategy neither has it produced any more clarity on how the Strategy
should engage all institutions in the EU, and not just the Commission.
The long-term thinking and commitment to undertaking an assessment
of progress of EU-Africa relations is welcomed.
On global agreements with ASEAN countries
It is important that the EU engages with ASEAN
and other East Asian countries on a bi-lateral basis, however
it must be made clear that these bi-lateral deals are no substitute
for a successful completion of the Doha round of WTO negotiations.
The provisions contained in any bi-lateral trade
deals must not be at the expense of sustainable development, and
the speed and nature of liberalisation must be sensitive to local
development and sustainability needs. The news that the ratification
of core ILO conventions is to be linked to these bi-lateral agreements
is positive, though there is a need to have in place the appropriate
mechanisms in order to ensure compliance with these commitments.
The legislative proposal for global agreements
with ASEAN countries in the DCI still requires clarification.
Should these agreements be concluded under Article 181 of the
EC treaty as proposed or should they be concluded under Article
179? And how will the development focus be ensured?
On public access to documents
This is a key part of the communications strategy.
However, exceptions in this regulation are being used, in Europe
and in developing countries, to refuse to make CSPs available
to citizens and parliamentarians. Any review of this regulation
should guarantee that draft CSPs will be made available to parliamentarians
and citizens, whenever they require it.
SIMPLIFICATION INITIATIVES
On novel foods
The purpose of this revision is to adapt the
existing rules following the removal of GMs from the scope of
this directive. The Commission is also seeking to ensure more
legal certainty for an innovative food industry by ensuring that
the rules take account of new technologies (such as nanotechnology
and animal cloning) and that the authorisation procedure for novel
foods is streamlined.
On food and nutritional labelling
The Commission's objective is to update the
current rules so that they strike the right balance between meeting
consumer needs and ensuring an appropriate level of market flexibility.
This is a consumer friendly front of pack sign posting scheme
and mandatory back of pack nutritional labelling.
On the timeshare directive
This is a long overdue revision as the original
directive is clearly not functioning as it should with too many
loopholes. It aims to enhance legal certainty for consumers and
apply these rules/extend the scope of long-term holiday products
and similar products which have avoided falling under this directive
in the past.
On rules of origin
This initiative needs careful follow-up by the
Development Committee. The Commission states that it "intends
to simplify the rules of origin by proposing new rules which will
determine the position in negotiations on GSP, as well as in the
context of the new Economic Partnership Agreements with the ACP
countries."
On road haulage
There are two proposals which aim to strengthen
EU standards in the field of road haulage. The proposals will
clarify criteria such as good repute, financial standing and professional
competence by which operators can gain admission to the occupation
and set up business. This is to be welcomed in improving standards
of foreign hauliers on British roads, something which has recently
been open to criticism.
On computerised reservation systems
The revision of the code of conduct is welcome
in part. In some areas deregulation will certainly be positive;
however there is concern that total abolition of the Code of Conduct
will not be moving in the right direction considering the continuing
existence of parent carriers in the industry. Some well thought-out
rules of fair play are vital to effectively restrain parent carriers
discriminating against independent CRS's. The Commission must
ensure that competitive advantages are not given to CRS systems
owned by airlines.
OTHER COMMENTS
NOT DIRECTLY
LINKED TO
THE COMMISSION
COMMUNICATION ON
LEGISLATIVE AND
WORK PROGRAMME
2007
2008 budget review and CAP reform
When agreeing the Financial Perspectives at
the end of 2005, Member States agreed to carry out a comprehensive
review of the EU budget. If this is to be effective then preparations
for the review should take place in 2007.
January 2007
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